[Federal Register Volume 85, Number 149 (Monday, August 3, 2020)]
[Notices]
[Pages 46666-46669]
[FR Doc No: 2020-16791]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2019-N-3406]

Food Safety Modernization Act Voluntary Qualified Importer
Program User Fee Rate for Fiscal Year 2021

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the
fiscal year (FY) 2021 annual fee rate for importers approved to
participate in the Voluntary Qualified Importer Program (VQIP) that is
authorized by the Federal Food, Drug, and Cosmetic Act (FD&C Act), as
amended by the FDA Food Safety Modernization Act (FSMA). This fee is
effective August 1, 2020, and will remain in effect through September
30, 2021.

FOR FURTHER INFORMATION CONTACT: Donald Prater, Office of Food Policy
and Response, Food and Drug Administration, 10903 New Hampshire Ave.,
Bldg. 1, Rm. 3202, Silver Spring, MD 20993,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 302 of FSMA, Voluntary Qualified Importer Program, amended
the FD&C Act to create a new provision, section 806, under the same
name. Section 806 of the FD&C Act (21 U.S.C. 384b) directs FDA to
establish a program to provide for the expedited review and importation
of food offered for importation by importers who have voluntarily
agreed to participate in such program, and a process, consistent with
section 808 of the FD&C Act (21 U.S.C. 384d), for the issuance of a
facility certification to accompany a food offered for importation by
importers participating in the VQIP.
    Section 743 of the FD&C Act (21 U.S.C. 379j-31) authorizes FDA to
assess and collect fees from each importer participating in VQIP to
cover FDA's costs of administering the program. Each fiscal year, fees
are to be established based on an estimate of 100 percent of the costs
for the year. The fee rates must be published in a Federal Register
notice not later than 60 days before the start of each fiscal year
(section 743(b)(1) of the FD&C Act). After FDA approves a VQIP
application, the user fee must be paid before October 1, the start of
the VQIP fiscal year, to begin receiving benefits for that VQIP fiscal
year.

    The FY 2021 VQIP user fee will support benefits from October 1,
2020, through September 30, 2021.

II. Estimating the Average Cost of a Supported Direct FDA Work Hour for
FY 2021

    FDA is required to estimate 100 percent of its costs for each
activity in order to establish fee rates for FY 2021. In each year, the
costs of salary (or personnel compensation) and benefits for FDA
employees account for between 50 and 60 percent of the funds available
to, and used by, FDA. Almost all of the remaining funds (operating
funds) available to FDA are used to support FDA employees for paying
rent, travel, utility, information technology (IT), and other operating
costs.

A. Estimating the Full Cost per Direct Work Hour in FY 2021

    Full-time Equivalent (FTE) reflects the total number of regular
straight-time hours--not including overtime or holiday hours--worked by
employees, divided by the number of compensable hours applicable to
each fiscal year. Annual leave, sick leave, compensatory time off, and
other approved leave categories are considered ``hours worked'' for
purposes of defining FTE employment.
    In general, the starting point for estimating the full cost per
direct work hour is to estimate the cost of an FTE or paid staff year.
Calculating an Agency-wide total cost per FTE requires three primary
cost elements: Payroll, non-payroll, and rent.
    We have used an average of past year cost elements to predict the
FY 2021 cost. The FY 2021 FDA-wide average cost for payroll (salaries
and benefits) is $164,103; non-payroll--including equipment, supplies,
IT, general and administrative overhead--is $94,685; and rent,
including cost allocation analysis and adjustments for other rent and
rent-related costs, is $25,386 per paid staff year, excluding travel
costs.
    Summing the average cost of an FTE for payroll, non-payroll, and
rent, brings the FY 2021 average fully supported cost to $284,174 per
FTE, excluding travel costs. FDA will use this base unit fee in
determining the hourly fee rate for VQIP fees for FY 2021 prior to
including domestic or foreign travel costs as applicable for the
activity.
    To calculate an hourly rate, FDA must divide the FY 2021 average
fully supported cost of $284,174 per FTE by the average number of
supported direct FDA work hours in FY 2019--the last FY for which data
are available. See table 1.

Table 1--Supported Direct FDA Work Hours in a Paid Staff Year in FY 2019
------------------------------------------------------------------------

------------------------------------------------------------------------
Total number of hours in a paid staff year......................   2,080
Less:
  10 paid holidays..............................................     -80
  20 days of annual leave.......................................    -160
  10 days of sick leave.........................................     -80
  12.5 days of training.........................................    -100
  23 days of general administration.............................    -184
  26.5 days of travel...........................................    -212
  2 hours of meetings per week..................................    -104
                                                                 -------
  Net Supported Direct FDA Work Hours Available for Assignments.   1,160
------------------------------------------------------------------------

    Dividing the average fully supported FTE cost in FY 2021 ($284,174)
by the total number of supported direct work hours available for
assignment in FY 2019 (1,160) results in an average fully supported
cost of $245 (rounded to the nearest dollar), excluding inspection
travel costs, per supported direct work hour in FY 2021.

B. Adjusting FY 2019 Travel Costs for Inflation To Estimate FY 2021
Travel Costs

    To adjust the hourly rate for FY 2021, FDA must estimate the cost
of inflation in each year for FY 2020 and FY 2021. FDA uses the method
prescribed for estimating inflationary costs under the Prescription
Drug User Fee Act (PDUFA) provisions of the FD&C Act (section 736(c)(1)
(21 U.S.C. 379h(c)(1)), the statutory method for inflation adjustment
in the FD&C Act that FDA has used consistently. FDA previously
determined the FY 2020 inflation rate to be 2.3964 percent; this rate
was published in the FY 2020 PDUFA user fee rates notice in the Federal
Register (August 2, 2019, 84 FR 37882). Utilizing the method set forth
in section 736(c)(1) of the FD&C Act, FDA has calculated an inflation
rate of 2.3964 percent for FY 2020 and 1.3493 percent for FY 2021, and
FDA intends to use these inflation rates to make inflation adjustments
for FY 2021; the derivation of this rate will be published in the
Federal Register in the FY 2021 notice for the PDUFA user fee rates.
The compounded inflation rate for FYs 2020 and 2021, therefore, is
1.037780 (or 3.7780 percent) (calculated as 1 plus 2.3964 percent times
1 plus 1.3493 percent).
    The average fully supported cost per supported direct FDA work
hour, excluding travel costs, of $245 already takes into account
inflation as the calculation above is based on FY 2021 predicted costs.
FDA will use this base unit fee in determining the hourly fee rate for
VQIP fees for FY 2021 prior to including domestic or foreign travel
costs as applicable for the activity.
    In FY 2019, FDA's Office of Regulatory Affairs (ORA) spent a total
of $5,569,000 for domestic regulatory inspection travel costs and
General Services Administration Vehicle costs related to FDA's Center
for Food Safety and Applied Nutrition (CFSAN) and Center for Veterinary
Medicine (CVM) field activities programs. The total ORA domestic travel
costs spent is then divided by the 8,540 CFSAN and CVM domestic
inspections, which averages a total of $652 per inspection. These
inspections average 39.35 hours per inspection. Dividing $652 per
inspection by 39.35 hours per inspection results in a total and an
additional cost of $17 (rounded to the nearest dollar) per hour spent
for domestic inspection travel costs in FY 2019. To adjust for the $17
per hour additional domestic cost inflation increases for FY 2020 and
FY 2021, FDA must multiply the FY 2020 PDUFA inflation rate adjustor
(1.023964) by the FY 2021 PDUFA inflation rate adjustor (1.013493)
times the $17 additional domestic cost, which results in an estimated
cost of $18 (rounded to the nearest dollar) per paid hour in addition
to $245 for a total of $263 per paid hour ($245 plus $18) for each
direct hour of work requiring domestic inspection travel. FDA will use
these rates in charging fees in FY 2021 when domestic travel is
required.
    In FY 2019, ORA spent a total of $3,506,000 on 463 foreign
inspection trips related to FDA's CFSAN and CVM field activities
programs, which averaged a total of $7,572 per foreign inspection trip.
These trips averaged 3 weeks (or 120 paid hours) per trip. Dividing
$7,572 per trip by 120 hours per trip results in a total and an
additional cost of $63 (rounded to the nearest dollar) per paid hour
spent for foreign inspection travel costs in FY 2019. To adjust $63 for
inflationary increases in FY 2020 and FY 2021, FDA must multiply it by
the same inflation factors mentioned previously in this document
(1.023964 and 1.013493), which results in an estimated cost of $65
(rounded to the nearest dollar) per paid hour in addition to $245 for a
total of $310 per paid hour ($245 plus $65) for each direct hour of
work requiring foreign inspection travel. FDA will use these rates in
charging fees in FY 2021 when foreign travel is required.

                 Table 2--FSMA Fee Schedule for FY 2021
------------------------------------------------------------------------
                                                           Fee rates for
                      Fee category                            FY 2021
------------------------------------------------------------------------
Hourly rate without travel..............................            $245

Hourly rate if domestic travel is required..............             263
Hourly rate if foreign travel is required...............             310
------------------------------------------------------------------------

III. Fees for Importers Approved To Participate in the Voluntary
Qualified Importer Program Under Section 743 of the FD&C Act

    FDA assesses fees for VQIP annually. Table 3 provides an overview
of the fees for FY 2021.

            Table 3--FSMA VQIP User Fee Schedule for FY 2021
------------------------------------------------------------------------
                                                          Fee rates for
                      Fee category                           FY 2021
------------------------------------------------------------------------
VQIP User Fee..........................................         $17,000
------------------------------------------------------------------------

    Section 743 of the FD&C Act requires that each importer
participating in VQIP pay a fee to cover FDA's costs of administering
the program. This fee represents the estimated average cost of the work
FDA performs in reviewing and evaluating a VQIP importer. At this time,
FDA is not offering an adjusted fee for small businesses. As required
by section 743(b)(2)(B)(iii) of the FD&C Act, FDA previously published
a set of guidelines in consideration of the burden of the VQIP fee on
small businesses and provided for a period of public comment on the
guidelines (80 FR 32136, June 5, 2015). While we did receive some
comments in response, they did not address the questions posed, i.e.,
how a small business fee reduction should be structured, what
percentage of fee reduction would be appropriate, or what alternative
structures FDA might consider in order to indirectly reduce fees for
small businesses by charging different fee amounts to different VQIP
participants. We plan on monitoring costs and collecting data to
determine if, in future fiscal years, we will provide for a small
business fee reduction. Consistent with section 743(b)(2)(B)(iii) of
the FD&C Act, we will adjust the fee schedule for small businesses only
through notice and comment rulemaking.
    The fee is based on the fully supported FTE hourly rates and
estimates of the number of hours it would take FDA to perform relevant
activities. These estimates represent FDA's current thinking, and as
the program evolves, FDA will reconsider the estimated hours. We
estimate that it would take, on average, 39 person-hours to review a
new VQIP application (including communication provided through the VQIP
Importer's Help Desk), 28 person-hours to review a returning VQIP
application (including communication provided through the VQIP
Importer's Help Desk), 16 person-hours for an onsite performance
evaluation of a domestic VQIP importer (including travel and other
steps necessary for a fully supported FTE to complete and document an
onsite assessment), and 34 person-hours for an onsite performance
evaluation of a foreign VQIP importer (including travel and other steps
necessary for a fully supported FTE to complete and document an onsite
assessment). Additional costs include maintenance costs of information
technology of administering benefits of the program. These costs are
estimated to be $2,230 per VQIP importer.
    FDA anticipates that there may be up to one returning VQIP
applicant and up to 199 new applicants. FDA employees are likely to
review new VQIP applications from their worksites, so we use the fully
supported FTE hourly rate excluding travel, $245/hour, to calculate the
portion of the user fee attributable to those activities: $245/hour x
(39 hours) = $9,555. FDA employees are likely to review returning VQIP
applications from their worksites, so we use the fully supported FTE
hourly rate excluding travel, $245/hour, to calculate the portion of
the user fee attributable to those activities: $245/hour x (28 hours) =
$6,860.
    FDA employees will conduct a VQIP inspection to verify the
eligibility criteria and full implementation of the food safety and
food defense systems established in the Quality Assurance Program. A
VQIP importer may be located inside or outside of the United States. We
have used an estimate that up to 20 percent of VQIP importers may be
located outside of the United States.
    FDA employees are likely to prepare for and report on the
performance evaluation of a domestic VQIP importer at an FTE's
worksite, so we use the fully supported FTE hourly rate excluding
travel, $245/hour, to calculate the portion of the user fee
attributable to those activities: $245/hour x (8 hours) = $1,960. For
the portion of the fee covering onsite evaluation of a domestic VQIP
importer, we use the fully supported FTE hourly rate for work requiring
domestic travel, $263/hour, to calculate the portion of the user fee
attributable to those activities: $263/hour x 8 hours (i.e., one fully
supported FTE x (1 day onsite x 8 hours)) = $2,104. Therefore, the
total cost of conducting the domestic performance evaluation of a VQIP
importer is determined to be $2,104 + $1,960 = $4,064.
    Coordination of the onsite performance evaluation of a foreign VQIP
importer is estimated to take place at an FTE's worksite, so we use the
fully supported FTE hourly rate excluding travel, $245/hour, to
calculate the portion of the user fee attributable to those activities:
$245/hour x (10 hours) = $2,450. For the portion of the fee covering
onsite evaluation of a foreign VQIP importer, we use the fully
supported FTE hourly rate for work requiring foreign travel, $310/hour,
to calculate the portion of the user fee attributable to those
activities: $310/hour x 24 hours (i.e., one fully supported FTE x ((2
travel days x 8 hours) + (1 day onsite x 8 hours))) = $7,440.
Therefore, the total cost of conducting the foreign performance
evaluation of a VQIP importer is determined to be $2,450 + $7,440 =
$9,890.
    Therefore, the estimated average cost of the work FDA performs in
total for approving an application for a VQIP importer based on these
figures would be $2,230 + ($9,555 x 0.995) + ($6,860 x 0.005) + ($4,064
x 0.8) + ($9,890 x 0.2) = $17,000.

IV. How must the fee be paid?

    An invoice will be sent to VQIP importers approved to participate
in the program. Payment must be made prior to October 1, 2020, in order
to be eligible for VQIP participation for the benefit year beginning
October 1, 2020. FDA will not refund the VQIP user fee for any reason.
    The payment must be made in U.S. currency from a U.S. bank by one
of the following methods: Wire transfer, electronically, check, bank
draft, or U.S. postal money order made payable to the Food and Drug
Administration. The preferred payment method is online using an
electronic check (Automated Clearing House (ACH), also known as eCheck)
or credit card (Discover, VISA, MasterCard, American Express). Secure
electronic payments can be submitted using the User Fees Payment Portal
at https://userfees.fda.gov/pay. (Note: Only full payments are
accepted. No partial payments can be made online.) Once you have found
your invoice, select ``Pay Now'' to be redirected to Pay.gov.
Electronic payment options are based on the balance due. Payment by
credit card is available only for balances less than $25,000. If the
balance exceeds this amount, only the ACH option is available. Payments
must be made using U.S. bank accounts as well as U.S. credit cards.

    When paying by check, bank draft, or U.S. postal money order,
please include the invoice number in the check stub. Also write the FDA
post office box number (P.O. Box 979108) on the enclosed check, bank
draft, or money order. Mail the payment including the invoice number on
the check stub to: Food and Drug Administration, P.O. Box 979108, St.
Louis, MO 63197-9000.
    When paying by wire transfer, it is required that the invoice
number is included; without the invoice number the payment may not be
applied. The originating financial institution may charge a wire
transfer fee. If the financial institution charges a wire transfer fee,
it is required to add that amount to the payment to ensure that the
invoice is paid in full. For international wire transfers, please
inquire with the financial institutions prior to submitting the
payment. Use the following account information when sending a wire
transfer: U.S. Department of the Treasury, TREAS NYC, 33 Liberty St.,
New York, NY 10045, Account Name: Food and Drug Administration, Account
No.: 75060099, Routing No.: 021030004, Swift No.: FRNYUS33.
    To send a check by a courier such as Federal Express, the courier
must deliver the check to: U.S. Bank, Attn: Government Lockbox 979108,
1005 Convention Plaza, St. Louis, MO 63101. (Note: This address is for
courier delivery only. If you have any questions concerning courier
delivery, contact U.S. Bank at<PHONE_NUMBER>. This phone number is only
for questions about courier delivery.)
    The tax identification number of FDA is 53-0196965. (Note: Invoice
copies do not need to be submitted to FDA with the payments.)

V. What are the consequences of not paying this fee?

    The consequences of not paying these fees are outlined in Section J
of ``FDA's Voluntary Qualified Importer Program; Guidance for
Industry'' document (available at https://www.fda.gov/media/92196/download). If the user fee is not paid before October 1, a VQIP
importer will not be eligible to participate in VQIP. For the first
year a VQIP application is approved, if the user fee is not paid before
October 1, 2020, you are not eligible to participate in VQIP. If you
subsequently pay the user fee, FDA will begin your benefits after we
receive the full payment. The user fee may not be paid after December
31, 2020. For a subsequent year, if you do not pay the user fee before
October 1, FDA will send a Notice of Intent to Revoke your
participation in VQIP. If you do not pay the user fee within 30 days of
the date of the Notice of Intent to Revoke, we will revoke your
participation in VQIP.

    Dated: July 28, 2020.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2020-16791 Filed 7-29-20; 4:15 pm]
BILLING CODE 4164-01-P


[Federal Register Volume 87, Number 242 (Monday, December 19, 2022)]
[Rules and Regulations]
[Pages 77493-77497]
[FR Doc No: 2022-27404]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0979; Project Identifier MCAI-2022-00171-T;
Amendment 39-22263; AD 2022-25-07]
RIN 2120-AA64

Airworthiness Directives; Embraer S.A. (Type Certificate
Previously Held by Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica
S.A.; Embraer S.A.) Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2019-25-
16, which applied to certain Embraer S.A. Model ERJ 170-100 LR, -100
STD, -100 SE, and -100 SU airplanes; and Model ERJ 170-200 LR, -200 SU,
-200 STD, and -200 LL airplanes. AD 2019-25-16 required revising the
existing maintenance or inspection program, as applicable, to
incorporate new or more restrictive airworthiness limitations. This AD
was prompted by the determination that new or more restrictive
airworthiness limitations are necessary. This AD continues to require
the actions in AD 2019-25-16 and requires revising the existing
maintenance or inspection program, as applicable, to incorporate
additional new or more restrictive airworthiness limitations and
certain structural modifications, as specified in an Ag[ecirc]ncia
Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD, which is
incorporated by reference. The FAA is issuing this AD

to address the unsafe condition on these products.

DATES: This AD is effective January 23, 2023.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 23,
2023.
    The Director of the Federal Register approved the incorporation by
reference of certain other publications listed in this AD as of
February 10, 2020 (85 FR 453, January 6, 2020).

ADDRESSES:
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-0979; 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.
    Material Incorporated by Reference:
     For material incorporated by reference in this AD, contact
ANAC, Aeronautical Products Certification Branch (GGCP), Rua Dr.
Orlando Feirabend Filho, 230--Centro Empresarial Aquarius--Torre B--
Andares 14 a 18, Parque Residencial Aquarius, CEP 12.246-190--
S[atilde]o Jos[eacute] dos Campos--SP, Brazil; telephone 55 (12) 3203-
6600; email anac.gov.br">[email protected]anac.gov.br; website anac.gov.br/en/. You may find this
material on the ANAC website at sistemas.anac.gov.br/certificacao/DA/
DAE.asp.
     For Embraer service information identified in this final
rule, contact Embraer S.A., Technical Publications Section (PC 060),
Av. Brigadeiro Faria Lima, 2170--Putim--12227-901 S[atilde]o Jose dos
Campos--SP--Brasil; telephone +55 12 3927-5852 or +55 12 3309-0732; fax
+55 12 3927-7546; email [email protected]; internet
flyembraer.com.
     You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. It is also available in the AD docket at
regulations.gov under Docket No. FAA-2022-0979.

FOR FURTHER INFORMATION CONTACT: Allison Buss, Aerospace Engineer,
Large Aircraft Section, FAA, International Validation Branch, 2200
South 216th St., Des Moines, WA 98198; telephone<PHONE_NUMBER>; email
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2019-25-16, Amendment 39-21015 (85 FR 453,
January 6, 2020) (AD 2019-25-16). AD 2019-25-16 applied to certain
Embraer S.A. Model ERJ 170-100 LR, -100 STD, -100 SE, and -100 SU
airplanes; and Model ERJ 170-200 LR, -200 SU, -200 STD, and 200 LL
airplanes. AD 2019-25-16 required revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations; and added airplanes to the
applicability. The FAA issued AD 2019-25-16 to address fatigue cracking
of various principal structural elements (PSEs); such cracking could
result in reduced structural integrity of the airplane and to prevent
safety significant latent failures; such failures, in combination with
one or more other specified failures or events, could result in a
hazardous or catastrophic failure condition of avionics, hydraulic
systems, fire detection systems, fuel systems, or other critical
systems. Furthermore, the FAA issued AD 2019-25-16 to address potential
ignition sources inside fuel tanks caused by latent failures,
alterations, repairs, or maintenance actions; such failures, in
combination with flammable fuel vapors, could result in fuel tank
explosions and consequent loss of the airplane.
    The NPRM published in the Federal Register on July 28, 2022 (87 FR
45284). The NPRM was prompted by AD 2022-02-01, effective February 9,
2022, issued by ANAC (referred to after this as the MCAI) (ANAC AD
2022-02-01). The MCAI states that it was prompted by a determination
that new or more restrictive airworthiness limitations are necessary.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2022-0979.
    In the NPRM, the FAA proposed to continue to require revising the
existing maintenance or inspection program, as applicable, to
incorporate new or more restrictive airworthiness limitations and
certain structural modifications, as specified in ANAC AD 2022-02-01.
The FAA is issuing this AD to address the unsafe condition on these
products.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from Horizon Air. The following presents
the comment received on the NPRM and the FAA's response.

Request To Update the Required Service Information

    Horizon Air requested that the Embraer 170/175 Maintenance Review
Board Report, MRB 1621, Revision 17, dated July 01, 2021, referenced in
ANAC AD 2022-02-01, be updated to Embraer 170/175 Maintenance Review
Board Report, MRB 1621, Revision 18, dated July 4, 2022.
    The FAA confirms that it intends to allow the use of applicable
later MRB revisions to comply with the requirements of this AD. This AD
refers to ANAC AD 2022-02-01 as the appropriate source of service
information for accomplishing the required actions. Paragraph (f) of
ANAC AD 2022-02-01 accepts the use of later approved revisions of the
referenced MRB document for compliance. Therefore, applicable later
approved MRB revisions are acceptable for compliance with this AD. No
change to the AD is required.

Conclusion

    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
referenced above. The FAA reviewed the relevant data, considered the
comment received, and determined that air safety requires adopting this
AD as proposed. Accordingly, the FAA is issuing this AD to address the
unsafe condition on this product. Except for minor editorial changes,
this AD is adopted as proposed in the NPRM. None of the changes will
increase the economic burden on any operator.

Related Service Information Under 1 CFR Part 51

    ANAC AD 2022-02-01 describes new or more restrictive airworthiness
limitations for airplane structures and the incorporation of certain
structural modifications (i.e., reinforcement of left-hand (LH) and
right-hand (RH) wing spar II lower; and reinforcement of the wing lower
skin chordwise splices of LH and RH wing) before the defined structural
modifications points (SMP).
    This AD also requires Appendix A--Airworthiness Limitations of
EMBRAER

170/175 Maintenance Review Board Report (MRBR), MRB-1621, Revision 14,
dated September 27, 2018; and Embraer Temporary Revision (TR) 14-1,
dated November 13, 2018, to Part 4-Life-Limited Items, of Appendix A of
EMBRAER 170/175 Maintenance Review Board Report (MRBR), MRB-1621,
Revision 14, dated September 27, 2018; which the Director of the
Federal Register approved for incorporation by reference as of February
10, 2020 (85 FR 453).
    This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 662 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
    The FAA estimates the total cost per operator for the retained
actions from AD 2019-25-16 to be $7,650 (90 work-hours x $85 per work-
hour).
    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.
    The FAA estimates the total cost per operator for the new revision
to the existing maintenance or inspection program to be $7,650 (90
work-hours x $85 per work-hour).

                                     Estimated Costs for Required Actions *
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
New proposed actions................  196 work-hours x $85            $98,860         $115,520      $76,474,240
                                       per hour = $16,660.
----------------------------------------------------------------------------------------------------------------
* Table does not include estimated costs for revising the existing maintenance or inspection program.

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

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive 2019-25-16, Amendment 39-21015 (85
FR 453, January 6, 2020); and
0
b. Adding the following new airworthiness directive:

2022-25-07 Embraer S.A. (Type Certificate Previously Held by
Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.; Embraer
S.A.): Amendment 39-22263; Docket No. FAA-2022-0979; Project
Identifier MCAI-2022-00171-T.

(a) Effective Date

    This airworthiness directive (AD) is effective January 23, 2023.

(b) Affected ADs

    This AD replaces AD 2019-25-16, Amendment 39-21015 (85 FR 453,
January 6, 2020) (AD 2019-25-16).

(c) Applicability

    This AD applies to all Embraer S.A. Model ERJ 170-100 LR, -100
STD, -100 SE, and -100 SU airplanes; and Model ERJ 170-200 LR, -200
SU, -200 STD, and -200 LL airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks; 27, Flight controls; 28, Fuel; 52, Doors; 53,
Fuselage; 54, Nacelles/pylons; 55, Stabilizers; 57, Wings; 71,
Powerplant; and 78, Exhaust.

(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 fatigue cracking of various principal
structural elements (PSEs); such cracking could result in reduced
structural integrity of the airplane. The FAA is also issuing this
AD to address safety significant latent failures; such failures, in
combination with one or more other specified failures or events,
could result in a hazardous or catastrophic failure condition of
avionics, hydraulic systems, fire detection systems, fuel systems,
or other critical systems. Furthermore, the FAA is issuing this AD
to address potential ignition sources inside fuel tanks caused by
latent failures, alterations, repairs, or maintenance actions; such
failures, in combination with flammable fuel vapors, could result in
fuel tank explosions and consequent loss of the airplane.

(f) Compliance

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

(g) Retained Revision of the Existing Maintenance or Inspection
Program, With No Changes

    This paragraph restates the requirements of paragraph (i) of AD
2019-25-16, with no changes. For Model ERJ 170-100 LR, -100 STD, -
100 SE, and -100 SU airplanes; and Model ERJ 170-200 LR, -200 SU, -
200 STD, and -200LL airplanes; manufacturer serial numbers 17000002,
17000004 through 17000013 inclusive, and 17000015 through 17000761
inclusive: Within 90 days after February 10, 2020 (the effective
date of AD 2019-25-16), revise the existing maintenance or
inspection program, as applicable, to incorporate the information
specified in Part 1-Certification Maintenance Requirements, Part 2-
Airworthiness Limitation Inspections (ALI)-Structures, Part 3-Fuel
System Limitation Items, and Part 4-Life Limited Items; and EMBRAER
Temporary Revision (TR) 14-1, dated November 13, 2018, to part 4-
Life Limited Items; of Appendix A of the EMBRAER 170/175 MRBR, MRB-
1621, Revision 14, dated September 27, 2018 (EMBRAER 170/175 MRB-
1621, Revision 14). The initial compliance time for doing the tasks
is at the later of the times specified in paragraphs (g)(1) and (2)
of this AD.
    (1) Within the applicable times specified in EMBRAER 170/175
MRB-1621, Revision 14. For the purposes of this AD, the initial
compliance times (identified as ``Threshold'' or ``T'' in EMBRAER
170/175 MRB-1621, Revision 14) are expressed in ``total flight
cycles'' or ``total flight hours,'' as applicable.
    (2) Within 90 days or 600 flight cycles after February 10, 2020
(the effective date of AD 2019-25-16), whichever occurs later.

(h) Retained Restrictions on Alternative Actions, Intervals, and
CDCCLs, With No Changes

    This paragraph restates the requirements of paragraph (j) of AD
2019-25-16, with no changes. Except as required by paragraph (i) of
this AD: After the existing maintenance or inspection program has
been revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections), intervals, or CDCCLs may be used unless
the actions, intervals, and CDCCLs are approved as an AMOC in
accordance with the procedures specified in paragraph (l)(1) of this
AD.

(i) New Revision of the Existing Maintenance or Inspection Program

    Except as specified in paragraph (j) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, ANAC AD 2022-02-01, effective February 9, 2022
(ANAC AD 2022-02-01). Accomplishing the revision of the existing
maintenance or inspection program required by this paragraph
terminates the requirements for Part 2--Airworthiness Limitation
Inspections (ALI)-Structures specified in paragraph (g) of this AD
only.

(j) Exceptions to ANAC AD 2022-02-01

    (1) Where ANAC AD 2022-02-01 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) The ``Alternative method of compliance (AMOC)'' section of
ANAC AD 2022-02-01 does not apply to this AD.
    (3) Where paragraph (b)(1) of ANAC AD 2022-02-01 specifies
incorporating all airworthiness limitations in Part 2 of the service
information specified in paragraph (b)(1) of ANAC AD 2022-02-01, for
this AD, do not incorporate the threshold and interval for
maintenance review board report (MRBR) task number 57-30-002-0002,
``Enhanced Wingtip to Wing Spar Attachments--Internal.''

    Note 1 to paragraph (j)(3):  AD 2022-11-51, Amendment 39-22074
(87 FR 33623, June 3, 2022) (AD 2022-11-51), requires, among other
actions, incorporating alternate thresholds and intervals for MRBR
task number 57-30-002-0002. The airplanes affected by MRBR task
number 57-30-002-0002 are identified in paragraph (c) of AD 2022-11-
51.

(k) New Provisions for Alternative Actions and Intervals

    After the existing maintenance or inspection program has been
revised as required by paragraph (i) of this AD, no alternative
actions (e.g., inspections), intervals, and CDCCLs are allowed
unless they are approved as specified in paragraph (f) of ANAC AD
2022-02-01.

(l) Additional FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, 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 Large Aircraft Section, International Validation Branch, send it
to the attention of the person identified in paragraph (m) of this
AD. Information may be emailed to: [email protected].
    (i) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
    (ii) AMOCs approved previously for AD 2019-25-16 are approved as
AMOCs for the corresponding provisions of paragraph (g) of this AD.
    (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, Large Aircraft
Section, International Validation Branch, FAA; or ANAC; or ANAC's
authorized Designee. If approved by the ANAC Designee, the approval
must include the Designee's authorized signature.
    (3) Required for Compliance (RC): Except as required by
paragraph (l)(2) of this AD, if any service information referenced
in ANAC AD 2022-02-01 contains steps in the Accomplishment
Instructions or figures that are labeled as RC, the instructions in
RC steps, including subparagraphs under an RC step and any figures
identified in an RC step, must be done to comply with this AD; any
steps including substeps under those steps, that are not identified
as RC are recommended. The instructions in steps, including substeps
under those steps, not identified as RC may be deviated from using
accepted methods in accordance with the operator's maintenance or
inspection program without obtaining approval of an AMOC, provided
the instructions identified as RC can be done and the airplane can
be put back in an airworthy condition. Any substitutions or changes
to instructions identified as RC require approval of an AMOC. If a
step or substep is labeled ``RC Exempt,'' then the RC requirement is
removed from that step or substep.

(m) Additional Information

    For more information about this AD, contact Allison Buss,
Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone<PHONE_NUMBER>; email [email protected].

(n) 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) Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC)
AD 2022-02-01, effective February 9, 2022.
    (ii) [Reserved]
    (3) The following service information was approved for IBR on
February 10, 2020 (85 FR 453, January 6, 2020).
    (i) Appendix A--Airworthiness Limitations of EMBRAER 170/175
Maintenance Review Board Report (MRBR), MRB-1621, Revision 14, dated
September 27, 2018.
    (ii) Embraer Temporary Revision (TR) 14-1, dated November 13,
2018, to Part 4-Life-Limited Items, of Appendix A of EMBRAER 170/175
Maintenance Review Board Report (MRBR), MRB-1621, Revision 14, dated
September 27, 2018.
    (4) For ANAC AD 2022-02-01, contact ANAC, Aeronautical Products
Certification Branch (GGCP), Rua Dr. Orlando Feirabend Filho, 230--
Centro Empresarial Aquarius--Torre B--Andares 14 a 18, Parque
Residencial Aquarius, CEP 12.246-190--S[atilde]o Jos[eacute] dos
Campos--SP, Brazil; telephone 55 (12) 3203-6600; email
anac.gov.br">[email protected]anac.gov.br; website anac.gov.br/en/. You may find this ANAC AD
on the ANAC website at sistemas.anac.gov.br/certificacao/DA/DAE.asp.
    (5) For Embraer material, contact Embraer S.A., Technical
Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170--
Putim--12227-901 S[atilde]o Jose dos Campos--SP--Brasil; telephone
+55 12 3927-5852 or +55 12 3309-0732; fax +55 12 3927-7546;

email [email protected]; internet flyembraer.com.
    (6) You may view this material 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>.
    (7) You may view this material 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 November 29, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-27404 Filed 12-16-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 123 (Wednesday, June 26, 2019)]
[Rules and Regulations]
[Pages 30022-30024]
[FR Doc No: 2019-13516]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0454]
RIN 1625-AA00

Safety Zone; City of Erie 4th July Fireworks; Presque Isle Bay,
Erie, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 280-foot radius of the launch site located
near the Bicentennial Tower, Erie, PA. This safety zone is intended to
restrict vessels from portions of Presque Isle Bay during the City of
Erie 4th of July fireworks display. The safety zone is necessary and
intended to protect mariners and vessels from potential hazards
associated with a fireworks display. Entry of vessels or persons into
this zone is prohibited unless specifically authorized by the Captain
of the Port Buffalo or a designated representative.

DATES: This rule is effective from 9:45 p.m. on July 3, 2019, through
10:30 p.m. on July 5, 2019.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0454 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT Sean Dolan, Chief Waterways Management Division, U.S.
Coast Guard; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because on April 26, 2019 (84 FR 17756), the
Captain of the Port (COTP) Buffalo published a NPRM, Docket Number
USCG-2019-0121, to make temporary safety zones for annual events a
final rule. This event was included in the NPRM. Its purpose was to
mitigate potential threats to personnel, vessels, and the marine
environment in the navigable waters within the specified safety zones.
The NPRM addressed these concerns, and invited the public to comment
during the comment period, which ended on May 28, 2019. As such, it is
unnecessary to publish an NPRM for this temporary rule because the
public had opportunity to comment on it and no comments were received
concerning this event.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. This safety zone will be included
in a final rulemaking action for the NPRM of April 26, 2019. Delaying
the effective date would be contrary to the rule's objectives of
protecting safety of life on the navigable waters in the vicinity of
the fireworks display.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The COTP determined that a fireworks
display presents significant risks to public safety and property. Such
hazards include premature and accidental detonations, dangerous
projectiles, and falling or burning debris. This rule is needed to
protect personnel, vessels, and the marine environment in the navigable
waters within the safety zone prior to, during, and immediately after
the fireworks display.

IV. Discussion of the Rule

    This rule establishes a safety zone from 9:45 p.m. through 10:30
p.m. on July 3, 2019, or those same hours on July 5, 2019, in the case
of inclement weather on July 3, 2019. The safety zone will cover all
navigable waters of Presque Isle Bay; Erie, PA contained within a 280-
foot radius of: 42[deg]08'17.13'' N, 080[deg]05'30.17'' W.
    The duration of the zone is intended to protect personnel, vessels,
and the marine environment in these navigable waters while the
fireworks event takes place. Entry into, transiting, or anchoring with
the safety zone is prohibited unless authorized by the COTP or a
designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the conclusion
that this rule is not a significant regulatory action. We anticipate
that it will have minimal impact on the economy, will not interfere
with other agencies, will not adversely alter the budget of any grant
or loan recipients, and will not raise any novel legal or policy
issues. The safety zone created by this rule will be relatively small
and enforced for a relatively short time. Also, the safety zone is
designed to allow vessels to transit around it. Thus, restrictions on
vessel movement within that particular area are expected to be minimal.
Under certain conditions, moreover, vessels may still transit through
the safety zone when permitted by the COTP.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has 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. We analyzed this rule under that Order and determined that
it is consistent with the fundamental federalism principles and
preemption requirements described in Executive Order 13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule establishes a temporary safety zone. It is
categorically excluded from further review under paragraph L60(a) in
Table 3-1 of U.S. Coast Guard Environmental Planning Implementing
Procedures 5090.1. A Record of Environmental Consideration supporting
this determination is available in the docket where indicated under
ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T09-0454 to read as follows:

Sec.  165.T09-0454  Safety Zone; City of Erie 4th July Fireworks;
Presque Isle Bay, Erie, PA.

    (a) Location. The safety zone will encompass all waters of Presque
Isle Bay; Erie, PA contained within a 280-foot radius of:
42[deg]08'17.13'' N, 080[deg]05'30.17'' W.
    (b) Enforcement period. The regulation in this section will be
enforced from 9:45 p.m. through 10:30 p.m. on July 3, 2019, or those
same hours on July 5, 2019, in the case of inclement weather on July 3,
2019.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23, entry into, transiting, or anchoring within this safety
zone is prohibited unless authorized by the Captain of the Port Buffalo
or their designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Buffalo or their designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port
Buffalo is any Coast Guard commissioned, warrant or petty officer who
has been designated by the Captain of the Port Buffalo to act on their
behalf.
    (4) Vessel operators desiring to enter or operate within the safety
zone must contact the Captain of the Port Buffalo or their on-scene
representative to obtain permission to do so. The Captain of the Port
Buffalo or their on-scene representative may be contacted via VHF
Channel 16 or alternatively they may contact the Captain of the Port
Buffalo via landline at<PHONE_NUMBER>. Vessel operators given permission
to enter or operate in the safety zone must

comply with all directions given to them by the Captain of the Port
Buffalo, or their on-scene representative.

    Dated: June 19, 2019.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2019-13516 Filed 6-25-19; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 84, Number 219 (Wednesday, November 13, 2019)]
[Notices]
[Pages 61610-61611]
[FR Doc No: 2019-24634]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC20-14-000.
    Applicants: Prairie Breeze Wind Energy II LLC, Prairie Breeze Wind
Energy III LLC.
    Description: Application for Authorization Under Section 203 of the
Federal Power Act, et al. of Prairie Breeze Wind Energy II LLC, et al.
    Filed Date: 11/5/19.
    Accession Number: 20191105-5187.
    Comments Due: 5 p.m. ET 11/26/19.

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG20-22-000.
    Applicants: Sun Streams 2, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Sun Streams 2, LLC.
    Filed Date: 11/5/19.
    Accession Number: 20191105-5159.
    Comments Due: 5 p.m. ET 11/26/19.

    Docket Numbers: EG20-23-000.
    Applicants: Sun Streams 4, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Sun Streams 4, LLC.
    Filed Date: 11/5/19.
    Accession Number: 20191105-5161.
    Comments Due: 5 p.m. ET 11/26/19.

    Docket Numbers: EG20-24-000.
    Applicants: Sun Streams PVS, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Sun Streams PVS, LLC.
    Filed Date: 11/5/19.
    Accession Number: 20191105-5164.
    Comments Due: 5 p.m. ET 11/26/19.

    Docket Numbers: EG20-25-000.
    Applicants: Sun Streams Expansion, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Sun Streams Expansion, LLC.
    Filed Date: 11/5/19.
    Accession Number: 20191105-5167.
    Comments Due: 5 p.m. ET 11/26/19.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-1987-003.
    Applicants: Ontario Power Generation Energy Trading, Inc.
    Description: Notice of Change in Status of Ontario Power Generation
Energy Trading, Inc.
    Filed Date: 11/5/19.
    Accession Number: 20191105-5190.
    Comments Due: 5 p.m. ET 11/26/19.

    Docket Numbers: ER10-2126-005.
    Applicants: Idaho Power Company.
    Description: Second Supplement to June 21, 2019 Updated Market
Power Analysis for the Northwest Region of Idaho Power Company.
    Filed Date: 11/5/19.
    Accession Number: 20191105-5178.
    Comments Due: 5 p.m. ET 11/26/19.

    Docket Numbers: ER19-2907-001.
    Applicants: ISO New England Inc., Emera Maine.
    Description: Tariff Amendment: Tariff Record Reserved For Future
Use to be effective 10/1/2019.
    Filed Date: 11/6/19.
    Accession Number: 20191106-5023.
    Comments Due: 5 p.m. ET 11/27/19.

    Docket Numbers: ER20-318-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Cancellation: Notice of Cancellation of WMPS/SA
No. 4380; Queue No. AB1-043 to be effective 11/12/2019.
    Filed Date: 11/5/19.
    Accession Number: 20191105-5141.
    Comments Due: 5 p.m. ET 11/26/19.

    Docket Numbers: ER20-319-000.
    Applicants: Kimball Wind LLC.
    Description: Baseline eTariff Filing: Kimball Wind LLC MBR
Application to be effective 11/6/2019.
    Filed Date: 11/5/19.
    Accession Number: 20191105-5143.
    Comments Due: 5 p.m. ET 11/26/19.

    Docket Numbers: ER20-320-000.
    Applicants: ISO New England Inc., Emera Maine.
    Description: Sec.  205(d) Rate Filing: First Revised Amendment of
TSA-EMERA-18-01 to be effective 10/1/2019.
    Filed Date: 11/6/19.
    Accession Number: 20191106-5024.
    Comments Due: 5 p.m. ET 11/27/19.

    Docket Numbers: ER20-321-000.
    Applicants: Midcontinent Independent System Operator, Inc., Ameren
Illinois Company.
    Description: Sec.  205(d) Rate Filing: 2019-11-06_SA 3028 Ameren
IL-Prairie Power Project#19 Griggsville to be effective 1/6/2020.
    Filed Date: 11/6/19.
    Accession Number: 20191106-5054.
    Comments Due: 5 p.m. ET 11/27/19.

    Docket Numbers: ER20-322-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Cancellation: Notice of Cancellation of WMPA/SA
No. 4381; Queue No. AB1-044 to be effective 11/12/2019.
    Filed Date: 11/6/19.
    Accession Number: 20191106-5065.
    Comments Due: 5 p.m. ET 11/27/19.

    Docket Numbers: ER20-323-000.
    Applicants: Helix Ravenswood LLC, Ravenswood Development LLC.
    Description: Request for Limited Waiver of Helix Ravenswood, LLC,
et al.
    Filed Date: 11/6/19.
    Accession Number: 20191106-5082.
    Comments Due: 5 p.m. ET 11/27/19.

    Docket Numbers: ER20-324-000.
    Applicants: PJM Interconnection, L.L.C.

    Description: Tariff Cancellation: Notice of Cancellation of WMPA/SA
No. 4382; Queue No. AB1-045 to be effective 11/12/2019.
    Filed Date: 11/6/19.
    Accession Number: 20191106-5106.
    Comments Due: 5 p.m. ET 11/27/19.

    Take notice that the Commission received the following public
utility holding company filings:

    Docket Numbers: PH20-3-000.
    Applicants: Ontario Power Generation Inc.
    Description: Ontario Power Generation Inc. submits FERC 65-B Waiver
Notification under PH20-3.
    Filed Date: 11/6/19.
    Accession Number: 20191106-5104.
    Comments Due: 5 p.m. ET 11/27/19.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: November 6, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-24634 Filed 11-12-19; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 187 (Wednesday, September 26, 2018)]
[Notices]
[Page 48610]
[FR Doc No: 2018-20890]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: CP17-471-001.
    Applicants: Paiute Pipeline Company.
    Description: Amendment to Application of Paiute Pipeline Company's
2018 Expansion Project to Amend Certificate for Initial Rate.
    Filed Date: 9/7/18.
    Accession Number: 20180907-5097.
    Comments Due: 5 p.m. ET 9/28/18.

    Docket Numbers: RP10-1398-000.
    Applicants: El Paso Natural Gas Company.
    Description: Report Filing: Refund Report Amendment.
    Filed Date: 9/17/18.
    Accession Number: 20180917-5070.
    Comments Due: 5 p.m. ET 10/1/18.

    Docket Numbers: RP18-1187-000.
    Applicants: Elba Express Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Interim Update of Fuel
Retention Rates--2018 to be effective 11/1/2018.
    Filed Date: 9/18/18.
    Accession Number: 20180918-5008.
    Comments Due: 5 p.m. ET 10/1/18.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: September 19, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-20890 Filed 9-25-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 216 (Thursday, November 9, 2023)]
[Proposed Rules]
[Pages 77244-77245]
[FR Doc No: 2023-24718]

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

Pipeline and Hazardous Materials Safety Administration

49 CFR Part 192

[Docket No. PHMSA-2023-0080]

Pipeline Safety: Mifflin Energy Corporation's Petition for
Declaratory Order Concerning Part 192 Jurisdiction and Operator
Responsibility Over Customer-Owned Piping

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

ACTION: Petition for a Declaratory Order.

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

SUMMARY: The Pipeline and Hazardous Materials Safety Administration is
seeking comment on a Petition for a Declaratory Order (Petition).

DATES: Comments are due on or before December 11, 2023. Reply comments
to comments received are due on or before December 26, 2023.

ADDRESSES: Comments should reference the docket number for the petition
request and may be submitted by any of the following methods:
     Web: https://www.regulations.gov. This site allows the
public to enter comments on any Federal Register document issued by any
agency. Follow the online instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building: Room W12-140,
Washington, DC 20590-0001.
     Hand Delivery: U.S. Department of Transportation, 1200 New
Jersey Avenue SE, West Building: Room W12-140, Washington, DC 20590-
0001, between 9 a.m. and 5 p.m. EST, Monday through Friday, except
Federal holidays.
     Instructions: Identify [Docket No. PHMSA-2023-0080] at the
beginning of your comments. If you submit your comments by mail, submit
two copies. Internet users may submit comments at https://www.regulations.gov. If you would like confirmation that PHMSA received
your comments, please include a self-addressed stamped postcard labeled
``Comments on PHMSA-2023-0080.'' The docket clerk will date stamp the
postcard prior to returning it to you via U.S. mail.
     Note: All comments received will be posted without edits
to https://www.regulations.gov, including any personal information
provided. Please see the Privacy Act heading for more information.
Anyone can use the site to search all comments by the name of the
submitting individual or, if the comment was submitted on behalf of an
association, business, labor union, etc., the name of the signing
individual. Therefore, please review the complete DOT Privacy Act
Statement in the Federal Register at 65 FR 19477 or the Privacy Notice
at https://www.regulations.gov before submitting comments.
     Privacy Act Statement: DOT may solicit comments from the
public regarding certain general notices. DOT posts these comments
without edit, including any personal information the commenter
provides, to www.regulations.gov, as described in the system of records
notice (DOT/ALL- 14 FDMS), which can be reviewed at www.dot.gov/privacy.
     Confidential Business Information: 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 (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments in response to this document 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 document it is important that you clearly designate
the submitted comments as CBI. Pursuant to 49 CFR 190.343, you may ask
PHMSA to provide confidential treatment to information you give to the
Agency by taking the following steps: (1) mark each page of the
original document submission containing CBI as ``Confidential;'' (2)
send PHMSA a copy of the original document with the CBI deleted along
with the original, unaltered document; and (3) explain why the
information you are submitting is CBI. Submissions containing CBI
should be sent to Tewabe Asebe, U.S. Department of Transportation, 1200
New Jersey Avenue SE, Washington, DC 20590-0001. Submission containing
CBI can also be emailed to Tewabe Asebe by encrypted email at
[email protected]. Any commentary PHMSA receives that is not
specifically designated as CBI will be placed in the public docket.
     Docket: For access to the docket or to read background
documents or comments, go to https://www.regulations.gov. Follow the
online instructions for accessing the dockets. Alternatively, this
information is available by visiting DOT at 1200 New Jersey Avenue SE,
West Building: Room W12-140, Washington, DC 20590-0001, between 9:00
a.m. and 5:00 p.m. EST, Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Tewabe Asebe, Office of Pipeline
Safety, by phone at<PHONE_NUMBER> or by email at [email protected].

SUPPLEMENTARY INFORMATION: PHMSA is evaluating a Petition for a
Declaratory Order (Petition) from Mifflin Energy Corporation (Mifflin),
pursuant to 49 U.S.C. 60117(b)(1)(J).
    Mifflin operated a production line in Greene County, Pennsylvania,
which was subject to a free gas arrangement. Under the arrangement, gas
flowed from Mifflin's production line through a pipeline owned by the
landowner, with the regulator and meter placed at the juncture of the
production line and the customer-owned pipeline. In March 2020, with
Mifflin's consent, the landowner moved the regulator and the meter
downstream of the juncture, further down the landowner's pipeline.

On April 9, 2020, a failure occurred on the landowner's piping, causing
damage to a nearby residential structure.
    On January 29, 2021, the Pennsylvania Public Utility Commission's
(PAPUC) Bureau of Investigation and Enforcement (BI&E) requested an
interpretation of 49 CFR part 192 as it concerned the facts of this
incident. On September 21, 2021, OPS issued an interpretation in
response to BI&E's inquiry.\1\ The 2021 Interpretation stated that the
piping between Mifflin's production line and the landowner's meter was
a service line under Sec.  192.3; the lease agreement did not have an
impact on whether the pipe was a service line; and Mifflin was an
``operator'' within the meaning of Sec.  192.3.
---------------------------------------------------------------------------

    \1\ PHMSA, Interp. No. PI-21-0003, In re Pennsylvania Public
Utility Commission, (Sept. 1, 2021) (the ``2021 Interpretation'').
---------------------------------------------------------------------------

    On March 20, 2023, Mifflin filed a Petition with PHMSA requesting
PHMSA issue an order declaring that, under a free gas arrangement,
customer-owned piping upstream of a meter is not subject to 49 CFR part
192, and that a production line operator is not responsible for
ensuring compliance with part 192 on customer piping. The Petition also
requested that PHMSA rescind its 2021 Interpretation issued to BI&E.
The Petition is available for review in the docket for this proceeding.
    Before issuing a final decision on the Petition, PHMSA will
evaluate all comments received on or before the comment closing date.
Comments received after the closing date will be evaluated if it is
possible to do so without incurring additional expense or delay. PHMSA
will consider each relevant comment received in issuing its final
decision and order, which will be published in the Federal Register and
posted to PHMSA's website.
    PHMSA notes this is the first time a person has petitioned for
issuance of a declaratory order under authority granted to PHMSA by the
PIPES Act of 2020. See Protecting Our Infrastructure of Pipelines and
Enhancing Safety Act of 2020, Consolidated Appropriations Act, 2021,
Division R, Public Law 116-260, section 108(a), 134 Stat. 1181, 2221,
2223; 49 U.S.C. 60117(b)(1)(J). PHMSA is committed to including an
opportunity for public comment in circumstances in which it exercises
its authority to issue a declaratory order.

    Issued in Washington, DC, on November 3, 2023, under authority
delegated in 49 CFR 1.97.
Alan K. Mayberry,
Associate Administrator for Pipeline Safety.
[FR Doc. 2023-24718 Filed 11-8-23; 8:45 am]
BILLING CODE 4910-60-P


permittee'') must provide public notification of CSO discharges as
described in this paragraph (a) after November 7, 2018. Public
notification shall consist of:
    (1) Signage. (i) The Great Lakes Basin CSO permittee shall ensure
that there is adequate signage where signage is feasible at:
    (A) CSO discharge points (unless the permittee demonstrates to the
Director that no public access of, or public contact with, the
receiving water is expected); and
    (B) Potentially impacted public access areas.
    (ii) At a minimum, signs shall include:
    (A) The name of the Great Lakes Basin CSO permittee;
    (B) A description of the discharge (e.g., untreated human sewage,
treated wastewater) and notice that sewage may be present in the water;
and
    (C) The Great Lakes Basin CSO permittee contact information,
including a telephone number, NPDES permit number and CSO discharge
point number as identified in the NPDES permit.
    (iii) The Great Lakes Basin CSO permittee shall perform periodic
maintenance of signs to ensure that they are legible, visible and
factually correct.
    (iv) Where a permittee has before August 7, 2018 installed a sign
at a CSO discharge point or potentially impacted public access area
that is consistent with State requirements, the sign is not required to
meet the minimum requirements specified in paragraph (a)(1)(ii) of this
section until the sign is replaced.
    (2) Notification of local public health department and other
potentially affected public entities. (i) As soon as possible, but no
later than four (4) hours after becoming aware by monitoring, modeling
or other means that a CSO discharge has occurred, the Great Lakes Basin
CSO permittee shall provide initial notice of the CSO discharge to the
local public health department (or if there is no local health
department, to the State health department), any potentially affected
public entities (such as municipalities, public drinking water
utilities, State and county parks and recreation departments), and
Indian Tribes whose waters may be impacted. Such initial notice shall,
at a minimum, include the following information:
    (A) The water body that received the discharge(s);
    (B) The location of the discharge(s) and identification of the
public access areas potentially impacted by the discharge. Where CSO
discharges from the same system occur at multiple locations during the
same precipitation-related event, the Great Lakes Basin CSO permittee
may provide a description of the area in the waterbody where discharges
are occurring and identification of the public access areas potentially
impacted by the discharge, and the permittee is not required to
identify the specific location of each discharge;
    (C) The date(s) and time(s) that the discharge(s) commenced or the
time the permittee became aware of the discharge(s) or when discharges
are expected to occur;
    (D) Whether, at the time of the notification, the discharge(s) is
continuing or has ended. If the discharge(s) has ended, the approximate
time that the discharge ended; and
    (E) A point of contact for the CSO permittee.
    (ii) Within seven (7) days after becoming aware by monitoring,
modeling or other means that the CSO discharge(s) has ended, the Great
Lakes Basin CSO permittee shall provide the following supplemental
information to the public health department and affected public
entities and Indian Tribes receiving the initial notice under paragraph
(a)(2)(i) of this section unless the information had been provided in
an earlier notice:
    (A) The measured or estimated volume of the discharge(s). Where CSO
discharges from the same system occur at multiple locations during the
same precipitation-related event, the Great Lakes Basin CSO permittee
may provide an estimate of the cumulative volume discharged to a given
waterbody; and
    (B) The approximate time that the discharge(s) ended.
    (3) Notification of the public. (i) As soon as possible, but no
later than four (4) hours after becoming aware by monitoring, modeling
or other means that a CSO discharge has occurred, the Great Lakes Basin
CSO permittee shall provide public notification of CSO discharges. The
Great Lakes Basin CSO permittee shall provide public notification of
CSO discharges electronically, such as by text, email, social media
alerts to subscribers or by posting a notice on its public access
website, and, if appropriate, by other means (e.g., newspaper, radio,
television). If a permittee's public notification plan identifies
circumstances and physical action needed to limit the public health
impacts of the CSO discharge by controlling the CSO discharge
(including continuing to implement its existing practice of conducting
inspections of CSO discharge points during the discharge), and all
available staff are required to complete this action, the four-hour
notification window will commence upon completion of that action.
    (ii) At a minimum, the notice shall include:

    (A) The water body that received the discharge(s);
    (B) The location of the discharge(s) and identification of the
public access areas potentially impacted by the discharge. Where CSO
discharges from the same system occur at multiple locations during the
same precipitation-related event, the Great Lakes Basin CSO permittee
may provide a description of the area in the waterbody where discharges
are occurring and identification of the public access areas potentially
impacted by the discharge, and the permittee is not required to
identify the specific location of each discharge;
    (C) The date(s) and time(s) that the discharge(s) commenced or the
time the permittee became aware of the discharge(s); and
    (D) Whether, at the time of the notification, the discharge(s) is
continuing or has ended. If the discharge(s) has ended, the approximate
time that the discharge(s) ended.
    (iii) Within seven (7) days after becoming aware by monitoring,
modeling or other means that the CSO discharge(s) has ended, the Great
Lakes Basin CSO permittee shall update the electronic notice with the
following information unless the information had been provided in an
earlier notice:
    (A) The measured or estimated volume of the discharge(s). Where CSO
discharges from the same system occur at multiple locations during the
same precipitation-related event, the Great Lakes Basin CSO permittee
may provide an estimate of the cumulative volume discharged to a given
waterbody; and
    (B) The approximate time that the discharge(s) ended, unless this
information was provided in an earlier notice.
    (b) Annual notice. Starting in February 7, 2019, by May 1 of each
calendar year (or an alternative date specified by the Director), any
permittees authorized to discharge a CSO to the Great Lakes Basin shall
make available to the public an annual notice describing the CSO
discharges from its discharge point(s) that occurred in the previous
calendar year and shall provide the Director and EPA with notice of how
the annual notice is available. Notice to EPA shall be in the form of
an email to [email protected] containing a link to the annual notice
and the contact information (name, title, phone number, email) of the
person responsible for maintaining the website, or alternative
information about how the annual notice is available if it is not on a
website; if the permittee is emailing the Director with this
information, the permittee may copy EPA on that email to meet this
requirement. Permittees that are owners or operators of a satellite
collection system with one or more CSO discharge points shall provide
the annual notice to the public and a copy of the annual notice to the
operator of the POTW treatment plant providing treatment for its
wastewater. For permittees whose State permitting authority has
published or will publish an annual report containing all of the below
minimum information (listed at paragraphs (b)(1) through (8) of this
section) about the Permittee, the Permittee may choose to make
available the State-issued annual report in order to meet this
requirement. If permittees have existing report(s) that are written
annually that collectively contain all of the below minimum information
(listed at paragraphs (b)(1) through (8) of this section), then the
Permittee may choose to make that/those report(s) publicly available in
order to meet this requirement. At a minimum, the annual notice shall
include:
    (1) A description of the location and receiving water for each CSO
discharge point, and, if applicable, any treatment provided;
    (2) The date, location, approximate duration, measured or estimated
volume, and cause (e.g., rainfall, snowmelt) of each wet weather CSO
discharge that occurred during the past calendar year. Where CSO
discharges from the same system occur at multiple locations during the
same precipitation-related event, the Great Lakes Basin CSO permittee
may provide an estimate of the cumulative volume discharged to a given
waterbody;
    (3) The date, location, duration, volume, and cause of each dry
weather CSO discharge that occurred during the past calendar year;
    (4) A summary of available monitoring data for CSO discharges from
the past calendar year;
    (5) A description of any public access areas potentially impacted
by each CSO discharge;
    (6) Representative precipitation data in total inches to the
nearest 0.1 inch that resulted in a CSO discharge, if precipitation was
the cause of the discharge identified in (Sec.  122.38(b)(2));
    (7) Permittee contact information, if not listed elsewhere on the
website where this annual notice is provided; and
    (8) A concise summary of implementation of the nine minimum
controls and the status of implementation of the long-term CSO control
plan (or other plans to reduce or prevent CSO discharges), including:
    (i) A description of key milestones remaining to complete
implementation of the plan; and
    (ii) A description of the average annual number of CSO discharges
anticipated after implementation of the long-term control plan (or
other plan relevant to reduction of CSO overflows) is completed.
    (c) Public notification plan. The Great Lakes Basin CSO permittee
shall develop a public notification plan that describes how the Great
Lakes Basin CSO permittee will ensure that the public receives adequate
notification of CSO occurrences and CSO impacts. The Great Lakes Basin
CSO permittee must provide notice of the availability of the plan, for
instance on the permittee's website (if it has a website), and
periodically provide information on how to view the notification plan,
such as in bill mailings and by other appropriate means. The Great
Lakes Basin CSO permittee must submit its public notification plan to
the Director by August 7, 2018 and as part of a permit application
under Sec.  122.21(j)(8)(iii). The plan must:
    (1) Identify the location of signs required under paragraph (a)(1)
of this section and the location of any CSO discharge point where a
sign is not provided. Where a sign has not been provided at a CSO
discharge point, the plan shall explain why a sign at that location is
not feasible or was otherwise determined to not be necessary.
    (2) Describe the message used on signs required under paragraph
(a)(1) of this section;
    (3) Describe protocols for maintaining signage (e.g., inspections
at set intervals);
    (4) Identify (with points of contact) the municipalities, public
drinking water supplies, public parks with water access, Indian
Tribe(s), and describe other sensitive area(s) identified in the
permittee's long-term CSO control plan, that may be impacted by the
permittee's CSO discharges;
    (5) Summarize significant comments and recommendations raised by
the local public health department under paragraph (d) of this section;
    (6) Identify other affected public entities and Indian Tribes whose
waters may be impacted by a CSO discharge that were contacted under
paragraph (d) of this section and provide a summary of their
significant comments and recommendations;
    (7) Describe protocols for the initial and supplemental notice to
public health departments and other public entities;
    (8) Describe protocols for the initial and supplemental notice to
the public;

this shall include a description of circumstances under which the
initial notification of the public may be delayed beyond four hours of
the permittee becoming aware of the discharge, which shall only include
circumstances where a physical action is needed to limit the public
health impacts of a CSO discharge by controlling the CSO discharge
(including continuing to implement its existing practice of conducting
inspections of CSO discharge points during the discharge), and all
available staff are required to complete this action, and, therefore,
are not available to initiate the initial notification until this
action is complete;
    (9) Describe, for each CSO discharge point, how the volume and
duration of CSO discharges shall be either measured or estimated for
the purposes of complying with paragraphs (a)(2)(ii)(A), (a)(3)(iii)(A)
and (b)(2) and (3) of this section. If the Great Lakes Basin CSO
permittee intends to use a model to estimate discharge volumes and
durations, the plan must summarize the model and describe how the model
was or will be calibrated. CSO permittees that are a municipality or
sewer district with a population of 75,000 or more must assess whether
re-calibration of their model is necessary, and recalibrate if
necessary, at least once every 5 years;
    (10) Describe protocols for making the annual notice described in
paragraph (b) of this section available to the public and to the
Director; and
    (11) Describe significant modifications to the plan that were made
since it was last updated.
    (d) Seek input on public notification plan. Prior to submitting the
public notification plan, or resubmitting under Sec.
122.21(j)(8)(iii), the Great Lakes Basin CSO permittee must:
    (1) Seek input from the local public health department (or if there
is no local health department, the State health department), to:
    (i) Develop recommended protocols for providing notification of CSO
discharges to the public health department. The protocols will specify
which CSO discharges are subject to notification, the means of
notification, timing of notification and other relevant factors.
    (ii) Develop recommendations for providing notice to the general
public of CSO discharges electronically and by other appropriate means.
    (iii) Develop recommendations for areas that would be considered
``potentially impacted public access areas'' as referenced in Sec.
122.38(a)(1), (2), and (3).
    (2) Seek input from other potentially affected public entities and
Indian Tribes whose waters may be impacted by a CSO discharge.
    (3) Consider the recommendations of the public health department
and other potentially affected entities in developing protocols in its
public notification plan for providing notification of CSO discharges
to the public health department and potentially affected public
entities and Indian Tribes.
    (e) Extending compliance to avoid undue economic hardship. The
Director may extend the compliance dates in paragraphs (a), (b), and
(c) of this section for individual communities if the Director
determines the community needs additional time to comply in order to
avoid undue economic hardship. Where the Director extends the
compliance date of any of these requirements for a community, the
Director shall notify the Regional Administrator of the extension and
the reason for the extension. The Director shall post on its website a
notice that includes the name of the community and the new compliance
date(s). The notice shall remain on the Director's website until the
new compliance date.

0
5. In Sec.  122.42, add paragraph (f) to read as follows:

Sec.  122.42  Additional conditions applicable to specified categories
of NPDES permits (applicable to State NPDES programs, see Sec.
123.25).

* * * * *
    (f) Public notification requirements for CSO discharges to the
Great Lakes Basin. Any permit issued authorizing the discharge of a
combined sewer overflow (CSO) to the Great Lakes Basin must:
    (1) Require implementation of the public notification requirements
in Sec.  122.38(a);
    (2) Specify the information that must be included on discharge
point signage, which, at a minimum, must include those elements in
Sec.  122.38(a)(1)(ii);
    (3) Specify discharge points and public access areas where signs
are required pursuant to Sec.  122.38(a)(1)(i);
    (4) Specify the timing and minimum information required for
providing initial and supplemental notification to:
    (i) Local public health department and other potentially affected
entities under Sec.  122.38(a)(2); and
    (ii) The public under Sec.  122.38(a)(3).
    (5) Specify the location of CSO discharges that must be monitored
for volume and discharge duration and the location of CSO discharges
where CSO volume and duration may be estimated; and
    (6) Require submittal of an annual notice in accordance with Sec.
122.38(b);
    (7) Specify protocols for making the annual notice under Sec.
122.38(b) available to the public.

PART 123--STATE PROGRAM REQUIREMENTS

0
 6. The authority citation for part 123 continues to read as follows:

    Authority:  Clean Water Act, 33 U.S.C. 1251 et seq.

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7. In Sec.  123.25, add paragraph (a)(47) to read as follows:

Sec.  123.25  Requirements for permitting.

    (a) * * *
    (47) For a Great Lakes State, Sec.  122.38.
* * * * *
[FR Doc. 2017-27948 Filed 1-5-18; 8:45 am]
 BILLING CODE 6560-50-P