[Federal Register: July 1, 2010 (Volume 75, Number 126)]
[Notices]
[Page 38171]
[DOCID:fr01jy10-134]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Petition for Waiver of Compliance

    In accordance with part 211 of title 49 Code of Federal Regulations
(CFR), notice is hereby given that the Federal Railroad Administration
(FRA) received a request for a waiver of compliance with certain
requirements of its safety standards. The individual petition is
described below, including the party seeking relief, the regulatory
provisions involved, the nature of the relief being requested, and the
petitioner's arguments in favor of relief.

American Short Line and Regional Railroad Association

[Waiver Petition Docket Number FRA-2010-0103]

    The American Short Line and Regional Railroad Association (ASLRRA),
on behalf of its member railroads, seeks a waiver of compliance with
the Locomotive Safety Standards, 49 CFR 229.129(b)(2), which requires
that the sound level of locomotive horns manufactured before September
18, 2006, be tested before June 24, 2010.
    ASLRRA member railroads own approximately 4,000 locomotives, most
of which were manufactured before September 18, 2006. ASLRRA estimates
that over 50 percent of these locomotives have not yet been tested.
ASLRRA states in their request that there are a number of reasons that
the testing has not progressed as rapidly as needed to meet the
requirement, the amount of time needed to test each locomotive, site
requirements, weather conditions, and community noise complaints.
ASLRRA requests that the requirement to complete testing of horns on
locomotives built prior to September 18, 2006, be extended to December
30, 2012, for its membership.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number (e.g., Waiver Petition Docket Number 2010-
0103) and may be submitted by any of the following methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received within 30 days of the date of this notice
will be considered by FRA. FRA reserves the right to grant relief in
response to this request prior to the expiration of the comment period.
Any relief provided will be contingent upon FRA's consideration of any
relevant comments submitted to the docket before the close of the
comment period. Comments received after that date will be considered as
far as practicable. All written communications concerning these
proceedings are available for examination during regular business hours
(9 a.m.--5 p.m.) at the above facility. All documents in the public
docket are also available for inspection and copying on the Internet at
the docket facility's Web site at http://www.regulations.gov.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the comment,
if submitted on behalf of an association, business, labor union, etc.).
You may review DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (Volume 65, Number 70; Pages
19477-78).

    Issued in Washington, DC on June 25, 2010.
Michael J. Logue,
Deputy Associate Administrator for Safety Compliance and Program
Implementation.
[FR Doc. 2010-16056 Filed 6-30-10; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 86, Number 168 (Thursday, September 2, 2021)]
[Notices]
[Page 49326]
[FR Doc No: 2021-18998]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER21-2775-000]

Spartacus Energy Services, LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Spartacus Energy Services, LLC's application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is September 16, 2021.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at<EMAIL_ADDRESS>or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: August 27, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-18998 Filed 9-1-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 33 (Friday, February 19, 2016)]
[Notices]
[Page 8551]
[FR Doc No: 2016-03389]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77126; SR-NYSEArca-2015-68]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of
Designation of a Longer Period for Commission Action on Proceedings To
Determine Whether To Approve or Disapprove a Proposed Rule Change
Relating to Implementation of a Fee on Securities Lending and
Repurchase Transactions With Respect to Shares of the
CurrencyShares[supreg] Euro Trust and the CurrencyShares[supreg]
Japanese Yen Trust

February 12, 2016.
    On July 30, 2015, NYSE Arca, Inc. (``Exchange'') filed with the
Securities and Exchange Commission (``Commission''), pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\
and Rule 19b-4 thereunder,\2\ a proposed rule change relating to
implementation of a fee on securities lending and repurchase
transactions with respect to shares of the CurrencyShares[supreg] Euro
Trust and the CurrencyShares[supreg] Japanese Yen Trust, which are
currently listed and trading on the Exchange under NYSE Arca Equities
Rule 8.202. The proposed rule change was published for comment in the
Federal Register on August 20, 2015.\3\
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 75698 (Aug. 14,
2015), 80 FR 50701 (``Notice'').
---------------------------------------------------------------------------

    On September 18, 2015, pursuant to Section 19(b)(2) of the Act,\4\
the Commission designated a longer period within which to approve the
proposed rule change, disapprove the proposed rule change, or institute
proceedings to determine whether to disapprove the proposed rule
change.\5\ On November 18, 2016, the Commission instituted proceedings
under Section 19(b)(2)(B) of the Act \6\ to determine whether to
approve or disapprove the proposed rule change.\7\ In the Order
Instituting Proceedings, the Commission solicited responses to
specified matters related to the proposal.\8\ The Commission has not
received any comments on the proposal.\9\
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 75945, 80 FR 57645
(Sept. 24, 2015). The Commission designated a longer period within
which to take action on the proposed rule change and designated
November 18, 2015, as the date by which it should approve,
disapprove, or institute proceedings to determine whether to
disapprove the proposed rule change.
    \6\ 15 U.S.C. 78s(b)(2)(B).
    \7\ See Securities Exchange Act Release No. 76472, 80 FR 73258
(Nov. 24, 2015) (``Order Instituting Proceedings'').
    \8\ See id., 80 FR at 73261-73262.
    \9\ Although the Commission has not received comments on the
proposal, the Exchange represents that it issued a Regulatory
Bulletin on this proposal on August 21, 2013 (regulatory bulletin
available at http://www.sec.gov/rules/sro/nysearca/2015/34-75698-ex2a.pdf) and received two comment letters in response. See Notice,
supra note 3, 80 FR at 50705 n.22. See also Letter from Daniel J.
McCabe, President, Precidian Investments, to John Carey, Vice
President--Legal, NYSE (Sept. 20, 2013) (supporting the proposed
rule change); and Letter from Theodore R. Lazo, Associate General
Counsel, and Kyle Brandon, Managing Director, SIFMA, to John Carey,
Vice President--Legal (Sept. 23, 2013) (opposing the proposal)
(available at http://www.sec.gov/rules/sro/nysearca/2015/34-75698-ex2b.pdf).
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    Section 19(b)(2) of the Act \10\ provides that, after initiating
disapproval proceedings, the Commission shall issue an order approving
or disapproving the proposed rule change not later than 180 days after
the date of publication of notice of the filing of the proposed rule
change. The Commission may, however, extend the period for issuing an
order approving or disapproving the proposed rule change by not more
than 60 days if the Commission determines that a longer period is
appropriate and publishes the reasons for that determination. The
proposed rule change was published for notice and comment in the
Federal Register on August 20, 2015.\11\ The 180th day after
publication of the notice of the filing of the proposed rule change in
the Federal Register is February 16, 2016.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(2).
    \11\ See supra note 3 and accompanying text.
---------------------------------------------------------------------------

    The Commission finds it appropriate to designate a longer period
within which to issue an order approving or disapproving the proposed
rule change so that it has sufficient time to consider the proposed
rule change.
    Accordingly, the Commission, pursuant to Section 19(b)(2) of the
Act,\12\ designates April 15, 2016 as the date by which the Commission
should either approve or disapprove the proposed rule change (SR-
NYSEArca-2015-68).
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(57).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-03389 Filed 2-18-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 187 (Wednesday, September 26, 2018)]
[Rules and Regulations]
[Pages 48521-48524]
[FR Doc No: 2018-20350]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

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

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

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

Federal Register / Vol. 83, No. 187 / Wednesday, September 26, 2018 /
Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0399; Product Identifier 2018-NM-008-AD; Amendment
39-19412; AD 2018-19-12]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc., Airplanes

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

ACTION: Final rule.

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SUMMARY: We are superseding Airworthiness Directive (AD) 2015-17-04,
which applied to certain Bombardier, Inc., Model CL-600-2C10 (Regional
Jet Series 700, 701, & 702), Model CL-600-2D15 (Regional Jet Series
705), and Model CL-600-2D24 (Regional Jet Series 900) airplanes. AD
2015-17-04 required replacement of left and right fixed control rods
and lever assemblies of the elevator control system. This AD adds a
detailed visual inspection of the key washers and self-locking nuts of
the elevator control linkages and corrective actions if necessary. This
AD was prompted by reports of a disconnect between the elevator lever
and control rod and a report indicating that certain revisions of the
service information were missing instructions for proper installation
of certain key washers. We are issuing this AD to address the unsafe
condition on these products.

DATES: This AD is effective October 31, 2018.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of October 31,
2018.

ADDRESSES: For service information identified in this final rule,
contact Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; Widebody Customer Response Center North
America toll-free phone: 1-866-538-1247 or direct-dial phone: 1-514-
855-2999; fax:<PHONE_NUMBER>; email: [email protected];
internet: http://www.bombardier.com. You may view this referenced
service information at the FAA, Transport Standards 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 on the
internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2018-0399.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0399; 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 regulatory evaluation, any comments received, and
other information. The address for Docket Operations (phone: 800-647-
5527) is Docket Operations, U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Cesar Gomez, Aerospace Engineer,
Airframe and Mechanical Systems Section, FAA, New York ACO Branch, 1600
Stewart Avenue, Suite 410, Westbury, NY 11590; phone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2015-17-04, Amendment 39-18237 (80 FR 50556,
August 20, 2015) (``AD 2015-17-04''). AD 2015-17-04 applied to certain
Bombardier, Inc., Model CL-600-2C10 (Regional Jet Series 700, 701, &
702), Model CL-600-2D15 (Regional Jet Series 705), and Model CL-600-
2D24 (Regional Jet Series 900) airplanes. The NPRM published in the
Federal Register on May 11, 2018 (83 FR 21966). The NPRM was prompted
by reports of a disconnect between the elevator lever and control rod
and a report indicating that certain revisions of the service
information were missing instructions for proper installation of the
key washers having part number BA698-93726-3. The NPRM proposed to
continue to require replacement of left and right fixed control rods
and lever assemblies of the elevator control system. The NPRM also
proposed to require a detailed visual inspection of the key washers and
self-locking nuts of the elevator control linkages and corrective
actions if necessary. We are issuing this AD to prevent a disconnect
between the elevator lever and control rod, which could lead to
uncommanded elevator movement of the associated control surface, a
large difference between the position of the left and the right
elevator control surfaces, and consequent reduced controllability of
the airplane and degradation of the structural integrity of the
horizontal stabilizer.
    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian AD CF-2014-44R1, dated
October 6, 2017 (referred to after this as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for certain Bombardier, Inc., Model CL-600-2C10 (Regional Jet
Series 700, 701, & 702), Model CL-600-2D15 (Regional Jet Series 705),
and Model CL-600-2D24 (Regional Jet Series 900) airplanes. The MCAI
states:

    During an engineering review of the Elevator Control system, it
was discovered that a disconnect between the elevator lever and
control rod could lead to an uncommanded elevator movement of the
associated control surface. This uncommanded movement may cause a
large difference between the position of the left and the right
elevator control surface resulting in reduced controllability of the
aeroplane and compromised structural integrity of the horizontal
stabilizer.
    This [Canadian] AD mandates the replacement of the existing
elevator lever assemblies and control rods with newly designed ones,
which will prevent a disconnect between the components of the
elevator control system should a failure occur.
    Revision 1 of this [Canadian] AD is issued to require operators,
* * * [regardless of previously accomplished actions], to perform a
detailed visual inspection for the correct installation of the tab
key washers and to re-torque the nut(s) [and corrective actions that
include bending one tab of the key washer on a flat surface of the
self-locking nut] if the tab key washer(s) does not have one tab
bent on a flat surface of the self-locking nut.

    You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0399.

Comments

    We gave the public the opportunity to participate in developing
this final rule. The following presents the comments received on the
NPRM and the FAA's response to each comment. The Air Line Pilots
Association, International (ALPA) reviewed and expressed support for
the NPRM.

Request To Clarify Required Actions in Paragraph (h) of the Proposed AD

    Endeavor Air and SkyWest Airlines requested that we clarify
paragraph (h) of the proposed AD to specify Part B of the
Accomplishment Instructions of Bombardier Service Bulletin 670BA-27-
062, Revision E, dated June 8, 2017. The commenters pointed out that
the Accomplishment Instructions are divided into two parts, Part A and
Part B. The commenters also mentioned that Part A of the Accomplishment
Instructions contains modification procedures (specified in paragraph
(g) of the proposed AD) and Part B contains inspection requirements
(specified in paragraph (h) of the proposed AD).
    We agree to clarify as suggested by the commenter and have revised
paragraphs (g) and (h) of this AD accordingly.

Request To Clarify Credit for Actions Accomplished Using Bombardier
Service Non-Incorporated Engineering Order (SNIEO)

    Endeavor Air requested that we clarify paragraph (i)(2) of the
proposed AD to state that Bombardier SNIEO KBA670-93707 S02, dated July
21, 2015, can be accomplished concurrently or subsequently with the
service information specified in paragraph (i)(2)(i) or (i)(2)(ii) of
the proposed AD. The commenter pointed out that the level of safety is
equivalent if the actions specified in Bombardier SNIEO KBA670-93707
S02, dated July 21, 2015, are accomplished subsequently to the actions
specified in the service information specified in paragraph (i)(2)(i)
or (i)(2)(ii) of the proposed AD.
    We agree with the commenter for the reasons provided and have
revised paragraph (i)(2) of this AD accordingly.

Request To Provide Credit for Actions Previously Accomplished

    Endeavor Air requested that we provide credit for accomplishing the
actions specified in paragraph (h) of the proposed AD prior to the
effective date of this AD in accordance with Part B of the
Accomplishment Instructions of Bombardier Service Bulletin 670BA-27-
062, Revision E, dated June 8, 2017.
    We acknowledge the commenter's requests and agree to clarify.
Paragraph (f) of this AD states to accomplish the required actions
within the compliance times specified, ``unless already done.''
Therefore, if operators have accomplished the actions required for
compliance with this AD before the effective date of this AD, no
further action is necessary. We have not revised this AD in this
regard.

Conclusion

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

Related Service Information Under 1 CFR Part 51

    Bombardier, Inc., has issued Service Bulletin 670BA-27-062,
Revision E, dated June 8, 2017. This service information describes
procedures for replacing the elevator lever assemblies and control
rods, and a detailed visual inspection of the key washers and self-
locking nuts of the elevator control linkages and corrective actions,
which include bending the tab of the key washers and re-torqueing the
self-locking nuts.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 549 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Replacement of fixed control rods and   14 work-hours x $85 per           $6,712          $7,902      $4,338,198
 lever assemblies (retained actions      hour = $1,190.
 from AD 2015-17-04).
Detailed visual inspection of the key   3 work-hours x $85 per                 0             255         139,995
 washers and self-locking nuts (new      hour = $255.
 action).
----------------------------------------------------------------------------------------------------------------

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.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes to
the Director of the System Oversight Division.

Regulatory Findings

    We determined that 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. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD)
2015-17-04, Amendment 39-18237 (80 FR 50556, August 20, 2015), and
adding the following new AD:

2018-19-12 Bombardier, Inc.: Amendment 39-19412; Docket No. FAA-
2018-0399; Product Identifier 2018-NM-008-AD.

(a) Effective Date

    This AD is effective October 31, 2018.

(b) Affected ADs

    This AD replaces AD 2015-17-04, Amendment 39-18237 (80 FR 50556,
August 20, 2015) (``AD 2015-17-04'').

(c) Applicability

    This AD applies to the airplanes identified in paragraphs (c)(1)
and (c)(2) of this AD, certificated in any category.
    (1) Bombardier, Inc., Model CL-600-2C10 (Regional Jet Series
700, 701, & 702) airplanes, serial numbers 10002 through 10337
inclusive.
    (2) Bombardier, Inc., Model CL-600-2D15 (Regional Jet Series
705) airplanes and Model CL-600-2D24 (Regional Jet Series 900)
airplanes, serial numbers 15001 through 15298 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight
controls.

(e) Reason

    This AD was prompted by reports of a disconnect between the
elevator lever and control rod and a report indicating that certain
revisions of the service information were missing instructions for
proper installation of the key washers having part number BA698-
93726-3. We are issuing this AD to prevent a disconnect between the
elevator lever and control rod, which could lead to uncommanded
elevator movement of the associated control surface, a large
difference between the position of the left and the right elevator
control surfaces, and consequent reduced controllability of the
airplane and degradation of the structural integrity of the
horizontal stabilizer.

(f) Compliance

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

(g) Retained Replacement of Elevator Lever Assemblies and Control Rods,
With Revised Service Information

    This paragraph restates the requirements of paragraph (g) of AD
2015-17-04, with revised service information. Within 9,200 flight
hours or 5 years, whichever occurs first, after September 24, 2015
(the effective date of AD 2015-17-04): Replace the left and right
fixed control rods and lever assemblies of the elevator control
system with newly designed control rods and lever assemblies, in
accordance with the Accomplishment Instructions of Bombardier
Service Bulletin 670BA-27-062, Revision C, dated February 13, 2015;
or Part A of the Accomplishment Instructions of Bombardier Service
Bulletin 670BA-27-062, Revision E, dated June 8, 2017. After the
effective date of this AD, only Part A of the Accomplishment
Instructions of Bombardier Service Bulletin 670BA-27-062, Revision
E, dated June 8, 2017, may be used.

(h) New Requirement of This AD: Detailed Visual Inspection and
Corrective Actions

    Within 8,800 flight hours after the effective date of this AD,
do a detailed visual inspection of the key washers and self-locking
nuts of the elevator control linkages, and do all applicable
corrective actions, in accordance with Part B of the Accomplishment
Instructions of Bombardier Service Bulletin 670BA-27-062, Revision
E, dated June 8, 2017. Do all applicable corrective actions before
further flight.

(i) Credit for Previous Actions

    (1) This paragraph provides credit for actions required by
paragraph (g) of this AD, if those actions were performed before the
effective date of this AD using Bombardier Service Bulletin 670BA-
27-062, dated December 12, 2013; Bombardier Service Bulletin 670BA-
27-062, Revision A, dated April 1, 2014; Bombardier Service Bulletin
670BA-27-062, Revision B, dated October 10, 2014; or Bombardier
Service Bulletin 670BA-27-062, Revision D, dated December 1, 2015.
This service information is not incorporated by reference in this
AD.
    (2) This paragraph provides credit for actions required by
paragraph (h) of this AD, if those actions were performed before the
effective date of this AD using the service information specified in
paragraph (i)(2)(i) or (i)(2)(ii) of this AD, provided Bombardier
Service Non-Incorporated Engineering Order (SNIEO) KBA670-93707 S02,
dated July 21, 2015, was done concurrently with or subsequently to
the service information specified in paragraph (i)(2)(i) or
(i)(2)(ii) of this AD.
    (i) Bombardier Service Bulletin 670BA-27-062, dated December 12,
2013; Bombardier Service Bulletin 670BA-27-062, Revision A, dated
April 1, 2014; or Bombardier Service Bulletin 670BA-27-062, Revision
B, dated October 10, 2014. This service information is not
incorporated by reference in this AD.
    (ii) Bombardier Service Bulletin 670BA-27-062, Revision C, dated
February 13, 2015. This service information was previously
incorporated by reference in AD 2015-17-04.
    (3) This paragraph provides credit for actions required by
paragraph (h) of this AD, if those actions were performed before the
effective date of this AD using Bombardier Service Bulletin 670BA-
27-062, Revision D, dated December 1, 2015. This service information
is not incorporated by reference in this AD.

(j) Other FAA AD Provisions

    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO Branch, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your request to your principal
inspector or local Flight Standards District Office, as appropriate.
If sending information directly to the manager of the certification
office, send it to ATTN: Program Manager, Continuing Operational
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.
    (i) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (ii) AMOCs approved previously for AD 2015-17-04, are approved
as AMOCs for the corresponding provisions of this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, New York ACO
Branch, FAA; or Transport Canada Civil Aviation (TCCA); or
Bombardier, Inc.'s TCCA Design Approval Organization (DAO). If
approved by the DAO, the approval must include the DAO-authorized
signature.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian AD CF-2014-44R1, dated October 6, 2017, for related
information. This MCAI may be

found in the AD docket on the internet at http://www.regulations.gov
by searching for and locating Docket No. FAA-2018-0399.
    (2) For more information about this AD, contact Cesar Gomez,
Aerospace Engineer, Airframe and Mechanical Systems Section, FAA,
New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.
    (3) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (l)(4) and (l)(5) of this AD.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (3) The following service information was approved for IBR on
October 31, 2018.
    (i) Bombardier Service Bulletin 670BA-27-062, Revision E, dated
June 8, 2017.
    (ii) Reserved.
    (4) For Bombardier, Inc. service information identified in this
AD, contact Bombardier, Inc., 400 C[ocirc]te-Vertu Road West,
Dorval, Qu[eacute]bec H4S 1Y9, Canada; Widebody Customer Response
Center North America toll-free phone: 1-866-538-1247 or direct-dial
phone: 1-514-855-2999; fax:<PHONE_NUMBER>; email:
[email protected]; internet: http://www.bombardier.com.
    (5) You may view this service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.
    (6) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to:

    Issued in Des Moines, Washington, on September 7, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-20350 Filed 9-25-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 75, Number 5 (Friday, January 8, 2010)]
[Notices]
[Page 1050]
[FR Doc No: X10-200108]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2146-111]

Alabama Power Company; Notice of Availability of Final
Environmental Assessment

December 31, 2009.
    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission's (Commission)
regulations, 18 CFR part 380 (Order No. 486, 52 FR 47897), the Office
of Energy Projects has reviewed the application for a new major license
for the Coosa River Hydroelectric Project (Coosa River Project), which
includes the Weiss, H. Neely Henry, Logan Martin, Lay, and Bouldin
developments; the Mitchell Hydroelectric Project (P-82); and the Jordan
Hydroelectric Project (P-618). Alabama Power Company has requested that
Project Nos. 2146, 82, and 618 be consolidated into one project. We are
processing these three projects under Project No. 2146-111. This final
environmental assessment (EA) is a cooperative undertaking between the
U.S. Army Corps of Engineers and the Commission.
    The Coosa River Project is located on the Coosa River, in the
States of Alabama and Georgia. The Logan Martin development affects
less than 1 acre of Federal lands, the Lay development affects 133.5
acres of Federal lands, the Mitchell Project affects 127.3 acres of
Federal lands, and the Jordan Project affects 10.1 acres of Federal
lands. Staff has prepared a final EA for the project.
    The final EA contains staff's analysis of the potential
environmental effects of the project and concludes that licensing the
project, with appropriate environmental protective measures, would not
constitute a major Federal action that would significantly affect the
quality of the human environment.
    A copy of the final EA is available for review at the Commission in
the Public Reference Room or may be viewed on the Commission's Web site
at http://www.ferc.gov using the ``eLibrary'' link. Enter the docket
number excluding the last three digits in the docket number field to
access the document. For assistance, contact FERC Online Support at
<EMAIL_ADDRESS>or toll-free at 1-866-208-3676, or for TTY,
(202) 502-8659.
    For further information, please contact Janet Hutzel at (202) 502-
8675 or at<EMAIL_ADDRESS>
Kimberly D. Bose,
Secretary.
[FR Doc. 2010-65 Filed 1-7-10; 8:45 am]
BILLING CODE 6717-01-P


MEMORANDUM Subject: Changes to the Federal Register Notice: A Small Drinking Water Systems Variances  Revision of Existing National Level Affordability Methodology and Methodology to Identify Variance Technology that is Protective of Public Health @

as a Result of Informal OMB Review From: Dan Olson TAB Thru: Eric Burneson Chief, TAB To: Record The Agency provided the draft Federal Register notice, A Small Drinking Water Systems Variances  Revision of Existing National Level Affordability Methodology and Methodology to Identify Variance Technology that is Protective of Public Health" to the Office of Management and Budget ( OMB) for informal review on November 18, 2005. EPA and OMB worked to clarify the language and address issues identified in the review until January 27, 2006. The OMB did not recommend changes to the options during the review, but did recommend the following changes to the draft Federal Register notice:   Provide a response to the concerns raised by the administrators of State drinking water programs regarding the implementation of the revisions described in the notice,   Clarify and enhance the discussion of protective of public health ( while not changing the proposed guidance level of 3x the MCL), and   Insert a discussion illustrating the differences in household costs of water at the 10th and 50th percentile.


[Federal Register: June 30, 2010 (Volume 75, Number 125)]
[Notices]
[Page 37784-37785]
[DOCID:fr30jn10-46]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 459-298]

Union Electric Company dba AmerenUE; Notice of Application for
Amendment of License and Soliciting Comments, Motions To Intervene, and
Protests

June 23, 2010.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Non-project use of project lands and waters.
    b. Project No: 459-298.
    c. Date Filed: June 16, 2010.
    d. Applicant: Union Electric Company dba Ameren/UE.
    e. Name of Project: Osage Hydroelectric Project.
    f. Location: The proposed non-project use would be located near
mile marker 31.2 + 5.7 in the Big Niangua Arm of Lake of the Ozarks, in
Camden County, Missouri.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Mr. Jeff Green, Shoreline Supervisor,
AmerenUE, P.O. Box 993, Lake Ozark, MO 65049,<PHONE_NUMBER>.
    i. FERC Contact: Any questions on this notice should be addressed
to Shana High at<PHONE_NUMBER>.
    j. Deadline for filing comments, motions to intervene, and protest:
July 23, 2010.
    Comments, Motions to Intervene, and Protests may be filed
electronically via the Internet. See, 18 CFR 385.2001(a)(1)(iii) and
the instructions on the Commission's Web site at http://www.ferc.gov
under the ``e-Filing'' link. If unable to be filed electronically,
documents may be paper-filed. To paper-file, an original and eight
copies should be mailed to: Secretary, Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426. For more
information on how to submit these types of filings, please go to the
Commission's Web site located at http://www.ferc.gov.filing-
comments.asp. Please include the

project number (P-459-298) on any comments or motions filed.
    The Commission's Rules of Practice and Procedure require all
interveners filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervener files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency. A copy
of any motion to intervene must also be served upon each representative
of the Applicant specified in the particular application.
    k. Description of Request: The licensee requests Commission
authorization to permit Portofino Condominiums, LLC to construct two
new docks and modify two existing docks. The total number of boat slips
after construction and modification would increase to 124 from 24. The
docks would serve Portofino Condominiums, a residential community.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street, NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at http://www.ferc.gov using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. You may also
register online at http://www.ferc.gov/docs-filing/esubscription.asp to
be notified via e-mail of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or e-mail
<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item
(h) above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Any filings must bear in all capital letters the title
``COMMENTS'', ``PROTEST'', or ``MOTION TO INTERVENE'', as applicable,
and the Project Number of the particular application to which the
filing refers.
    p. Agency Comments: Federal, state, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-15839 Filed 6-29-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 65 (Tuesday, April 5, 2016)]
[Notices]
[Pages 19705-19709]
[FR Doc No: 2016-07780]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

FY 2016 Railroad Safety Technology Grant Funds

AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).

ACTION: Notice of Funding Opportunity (NOFO).

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

SUMMARY: This notice details the application requirements and
procedures for obtaining funding for eligible Railroad Safety
Technology Grant projects. The opportunities described in this notice
are available under Catalog of Federal Domestic Assistance number
20.321, ``Railroad Safety Technology.''

DATES: Applications for funding under this solicitation are due no
later than 5:00 p.m. DST May 20, 2016. Applications for funding
received after 5:00 p.m. DST on May 20, 2016 will not be considered.
See Section 4 of this notice for additional information regarding the
application process.

ADDRESSES: Applications must be submitted via Grants.gov. For any
required or supporting application materials that an applicant is
unable to submit via Grants.gov (such as oversized engineering
drawings), an applicant may submit an original and two (2) copies to
Mr. Marvin Winston, Office of Program Delivery, Federal Railroad
Administration, 1200 New Jersey Avenue SE., Room W36-440, Washington,
DC 20590; Email<EMAIL_ADDRESS>However, due to delays caused
by enhanced screening of mail delivered via the U.S. Postal Service,
applicants are advised to use other means of conveyance (such as
courier service) to assure timely receipt of materials.

FOR FURTHER INFORMATION CONTACT: If you have a project related
question, you may contact Dr. Mark Hartong, Scientific and Technical
Advisor (Phone:<PHONE_NUMBER>; email: Mark.Hartong@dot.gov), or Mr.
Devin Rouse, Program Manager (Phone:<PHONE_NUMBER>, email:
devin.rouse@dot.gov). Grant application submission and processing
questions should be addressed to Mr. Marvin Winston, Office of Program
Delivery, Federal Railroad Administration, 1200 New Jersey Avenue SE.,
Room W36-440, Washington, DC 20590; Email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Notice to applicants: FRA recommends applicants read this notice in
its entirety prior to preparing application materials. There are
several administrative prerequisites described herein that applicants
must comply with in order to submit an application, as well as specific
eligibility requirements that must be met. Additionally, applicants
should note that the required Project Narrative component of the
application package may not exceed 25 pages in length (including any
appendices).

Table of Contents

1. Funding Opportunity Description
2. Award Information
3. Eligibility and Review Criteria
4. Application and Submission Information
5. Award Administration Information
6. Agency Contact

Section 1: Funding Opportunity Description

    The purpose of this notice is to solicit applications for grants
for eligible railroad safety technology projects. Congress appropriated
the funding available under this NOFO, $25 million, in the Consolidated
Appropriations Act, 2016, Division L, Title I (Pub. L. 114-113
(December 18, 2015)), to carry out railroad safety technology grants as
set forth in 49 U.S.C. 20158. To maximize the benefits of the funding
available, FRA is limiting the eligible projects to those that
implement a Positive Train Control (PTC) system or, as described in
Section 3, will otherwise benefit overall PTC system implementation on
freight, intercity passenger, and commuter railroads.

Section 2: Award Information

    FRA anticipates making multiple awards from the funding made
available in this notice and is not predetermining any minimum or
maximum dollar amounts for awards. However, given the limited amount of
funding currently available, applicants are encouraged to

limit their Federal funding requests to a maximum of $3,000,000 per
application. While this $3,000,000 application limit is a
recommendation and not a firm requirement, applicants exceeding this
$3,000,000 threshold must explain why any requested funding over
$3,000,000 is necessary to implement the proposed project.
Collaborative applicants submitting a project that will benefit more
than five (5) entities (e.g., one entity implementing back office
systems for multiple (five or more) railroads) may request up to the
authorized appropriation limit of $25,000,000. Additionally, FRA may
choose to award a grant for less than the amount requested in the
application. FRA will make awards for projects selected under this
notice as grants with an 80% federal/20% non-federal cost share. The
funding provided under these grants will be made available to grantees
on a reimbursable basis.
    Applications will proceed through a three-part review process:
    1. Screening for completeness and eligibility;
    2. Evaluation of eligible applications by technical panels applying
the evaluation criteria; and
    3. Project selection by the FRA Administrator applying additional
selection criteria.
    Each application will first be screened for eligibility
(requirements outlined in Section 3 of this notice) and completeness
(containing all required documentation outlined in Section 4 of this
notice).
    A technical panel consisting of subject-matter experts will
evaluate eligible and complete applications using the evaluation
criteria outlined in Section 3 of this notice. FRA will award funds to
projects that are well-aligned with one or more of the evaluation and
selection criteria. In addition, FRA will consider whether a project
has a negative effect on any of the evaluation and selection criteria,
and any such negative effect may reduce the likelihood that it will
select the project for award.

Section 3: Eligibility and Review Criteria

    The following entities are eligible applicants for PTC
implementation projects:
     Passenger and freight railroad carriers;
     Railroad suppliers; and
     State and local governments for projects that have a
public benefit of improved safety and network efficiency.
    To be eligible for assistance, the above entities subject to 49
U.S.C. 20157(a) must have submitted a revised Positive Train Control
Implementation Plan (PTCIP) to FRA as required by 49 U.S.C. 20157(a).
FRA considers the development and submission of a revised PTCIP under
49 U.S.C. 20157(a) to meet the eligibility requirement related to
submitting a plan required under 49 U.S.C. 20156(e)(2) containing an
analysis of the impact, feasibility, costs and benefits of implementing
PTC system technology. FRA believes that any submission connected to
sec. 20156(e)(2), which has yet to be incorporated into a Federal
regulation, would merely be duplicative of what a railroad analyzed
when it developed and submitted a revised PTCIP. Thus, FRA considers
the submission of a revised PTCIP to meet the eligibility requirements
in 49 U.S.C. 20158(b)(3) for purposes of this NOFO. If an applicant is
not required to comply with either sec. 20157(a) or sec. 20156(e)(2),
the applicant must demonstrate that to FRA's satisfaction in its NOFO
application.
    The FRA is soliciting applications for projects that will benefit
overall PTC system implementation on freight, intercity passenger, and
commuter railroads. Under 49 U.S.C. 20158(b)(2), the FRA shall give
priority to projects that (A) focus on making technologies
interoperable between railroad systems, such as train control
technologies; (B) accelerate train control technology deployment on
high-risk corridors, such as those that have high volumes of hazardous
materials shipments or over which commuter or passenger trains operate;
or (C) benefit both passenger and freight safety and efficiency. Given
that the amount of funding available is not likely sufficient to cover
the costs necessary to deploy PTC on any given railroad, FRA will
further prioritize projects that not only fall within these areas but
also involve:
    1. An entity or entities that have submitted a revised PTCIP and
demonstrated progress in implementing PTC in accordance with its PTCIP
and have shown good faith in attempting to timely complete PTC
implementation;
    2. Collaboration between freight and passenger railroad carriers,
railroad suppliers, and State and local governments, particularly
related to interoperability and other industry-wide PTC technical and
management issues;
    3. The development and deployment of technologies that will lower
costs, accelerate implementation, increase interoperability between
host and tenant operations, and improve reliability of PTC systems; and
    4. The development and deployment of technologies that will
eliminate PTC communications interference, provide solutions to
configuration management of multi-railroad PTC software and firmware
deployments, eliminate PTC communications interference; provide
configuration management of multi-railroad PTC software and firmware
deployments; and provide host-tenant railroad PTC interoperability/
system certification.
    Examples of eligible projects include the following:
     Costs for implementation, installation, and testing of PTC
systems;
     Costs for shared PTC infrastructure (e.g., back office
systems, CAD systems); and
     Costs to advance PTC interoperability, such as pilot
programs, standardization committees, development of standard
processes, and spectrum acquisition, sharing, and desensitization.

Applicants should note that these aspects represent suggested areas of
interest by the FRA, and any otherwise eligible applications meeting
the criteria above will be evaluated and considered for award.
    By statute, 49 U.S.C. 20158 allows for up to an 80 percent Federal
share of project costs. The required 20 percent non-Federal match may
be comprised of public sector (state or local) or private sector
funding. However, the FRA cannot consider any other Federal funds, nor
any non-Federal funds already expended (or otherwise encumbered),
towards the matching requirement. Additionally, FRA is limiting the
method for calculating the non-Federal match to cash contributions
only--``in-kind'' contributions will not be accepted. Matching funds
provided in excess of the minimum requirement will be considered in
evaluating the merit of an application.
    FRA intends to award funds to PTC projects that achieve the maximum
public benefits possible. Analysis provided by applicants that
quantifies the monetary value (whenever possible) of the anticipated
public benefits of the proposed project will be particularly relevant
to the FRA in evaluating applications. The systematic process of
comparing expected benefits and costs helps decision-makers organize
information about, and evaluate tradeoffs between, alternative
transportation investments. FRA will consider benefits and costs using
standard data and qualitative information provided by applicants and
will evaluate applications in a manner consistent with Executive Order
12893 (Principles for Federal Infrastructure Investments, 59 FR 4233),
Office of Management and Budget (OMB)

Circular A-94 (Guidelines and Discount Rates for Benefit-Cost Analysis
of Federal Programs), and OMB Circular A-4 (Regulatory Analysis).
Applications for PTC projects will be reviewed by DOT subject matter
experts against the following three evaluation criteria:
     PTC Deployment Benefits;
     Technical Merit; and
     Project Development approach.

PTC Deployment Benefits

    The following factors will be considered in assessing a proposed
project's achievement of PTC deployment benefits:
     The degree to which the successful implementation of the
proposed project would advance the technical deployment of PTC,
including improvements to reliability, safety, security, and
maintainability;
     The degree to which the successful implementation of the
proposed project would decrease PTC implementation and maintenance
costs; and
     The degree to which the project maximizes the return on
investment (ROI) towards industry-wide implementation efforts.

Technical Merit

    The following factors will be considered in assessing a proposed
project's technical merit:
     The degree to which the proposed project exhibits a sound
scientific and engineering basis;
     The degree to which the proposed project could be
practically applied in and compatible with the railroad's operating
environment and infrastructure; and
     The perceived likelihood of technical and practical
success.

Project Development Approach

    The following factors will be considered in assessing the proposed
project's planning and development to date:
     The technical qualifications and demonstrated experience
of key personnel proposed to lead and perform the technical efforts,
and qualifications of primary and supporting organizations to fully and
successfully execute the proposal plan within the proposed timeframe
and budget;
     The degree to which proposed effort is supported by
multiple entities (letters of support are encouraged);
     The affordability and degree to which the proposed effort
appears to be a good value for the amount of funding requested. Good
value is defined as believing or concluding that the goods/services
received were worth the price paid. Examples of the types of factors
that may be considered include, but are not limited to, suitability,
quality, skills, price, and life-cycle cost. The mix of these and other
factors and the relevant importance of each will vary on a case by case
basis;
     The reasonableness and realism of the proposed costs;
     The extent of proposed cost sharing or cost participation
under the proposed effort (exclusive of the applicant's prior
investment); and
     Preference will be given to projects that can demonstrate
an ability to substantially complete work, or otherwise provide
benefits to industry, prior to December 31, 2018.
    All evaluation criteria, when combined, are significantly more
important than cost or price alone. While cost or price will be a
factor that is considered, technical merit is appreciably more
important and, as such, greater consideration will be given to
technical excellence. An offer must be found acceptable under all
applicable evaluation factors to be considered eligible for award.

Selection Criteria

    In addition to the evaluation criteria outlined above, the FRA
Administrator will apply the following selection criteria to further
ensure that the projects selected for funding advance FRA's current
mission and key priorities:
    Alignment with the DOT Strategic Goals and Priorities
     Improving transportation safety;
     Maintaining transportation infrastructure in a state of
good repair;
     Promoting economic competitiveness;
     Advancing environmentally sustainable transportation
policies;
     Enhancing quality of life; and
     Building ladders of opportunity to expand the middle
class.
    Proposed projects that demonstrate the ability to provide reliable,
safe and affordable transportation choices to connect economically
disadvantaged populations, non-drivers, senior citizens, and persons
with disabilities in disconnected communities with employment, training
and education will receive particular consideration during project
selection.

Project Delivery Performance

     The applicant's track record in successfully delivering
previous FRA and DOT grants on time, on budget, and for the full
intended scope;
     The applicant's means for achieving satisfactory
continuing control over project assets in a timely manner, including
public ownership of project assets or agreements with railroad
operators and infrastructure owners at the time of application; and
     The extent to which the proposed project complements
previous FRA or DOT awards.

Region/Location

     The extent to which the proposed project increases the
economic productivity of land, capital, or labor at specific locations,
particularly in economically distressed areas;
     Ensuring appropriate level of regional balance across the
country;
     Ensuring consistency with national transportation and rail
network objectives; and
     Ensuring integration with other rail services and
transportation modes.

Innovation/Resource Development

     Pursuing new rail technologies that result in favorable
public return on investment and ensure delivery of project benefits;
and
     Promoting innovations that demonstrate the value of new
approaches to, among other things, transportation funding and finance,
contracting, project delivery, congestion management, safety
management, asset management, or long-term operations and maintenance.

Federal Awardee Performance and Integrity Information System (FAPIIS)
Review

    Before making a Federal award with a total amount of Federal share
greater than the simplified acquisition threshold (see 2 CFR 200.88
Simplified Acquisition Threshold), FRA will review and consider any
information about the applicant that is in the designated integrity and
performance system accessible through the System for Award Management
(SAM) (currently the Federal Awardee Performance and Integrity
Information System (FAPIIS)) (see 41 U.S.C. 2313).
    An applicant, at its option, may review information in the
designated integrity and performance systems accessible through SAM and
comment on any information about itself that a Federal awarding agency
previously entered and is currently in the designated integrity and
performance system accessible through SAM.
    FRA will consider any comments by the applicant, in addition to the
other information in the designated integrity and performance system,
in making a judgment about the applicant's integrity, business ethics,
and record of performance under Federal awards when completing the
review of risk posed by applicants as described in 2

CFR 200.205 (Federal Awarding Agency Review of Risk Posed by
Applicants).

Section 4: Application and Submission Information

    Complete applications must be submitted to Grants.gov no later than
5:00 p.m. DST, May 20, 2016. Applicants are strongly encouraged to
apply early to ensure that all materials are received before this
deadline.
    To apply for funding through Grants.gov, applicants must be
properly registered. Complete instructions on how to register and
submit an application can be found at Grants.gov gov. Registering with
Grants.gov is a onetime process; however, it can take up to several
weeks for first-time registrants to receive confirmation and a user
password. FRA recommends that applicants start the registration process
as early as possible to prevent delays that may preclude submitting an
application package by the application deadline. Applications will not
be accepted after the due date. Delayed registration is not an
acceptable justification for an application extension. (Please note
that if a Dun &Bradstreet (DUNS) number must be obtained, this may take
a significant amount of time to complete.)
    Required documents for the application package are outlined in the
following paragraphs. Applicants must complete and submit all
components of the application package. FRA welcomes the submission of
other relevant supporting documentation that may have been developed by
the applicant (planning, engineering and design documentation, and
letters of support). In particular, applications accompanied by
completed feasibility studies and cost estimates may be more favorably
considered during the evaluation process, as they demonstrate that an
applicant has a greater understanding of the scope and cost of the
project.
    Applicants should submit all application materials through
Grants.gov. For any required or supporting application materials that
an applicant is unable to submit via Grants.gov (such as oversized
engineering drawings), an applicant may submit an original and two (2)
copies to Mr. Marvin Winston, Office of Program Delivery, Federal
Railroad Administration, 1200 New Jersey Avenue SE., Room W36-440,
Washington, DC 20590; Email<EMAIL_ADDRESS>However, due to
delays caused by enhanced screening of mail delivered via the U.S.
Postal Service, applicants are advised to use other means of conveyance
(such as courier service) to assure timely receipt of materials.
Additionally, if documents can be obtained online, direction to access
files on a referenced Web site may also be sufficient.
    The following points describe the minimum content which are
required in the Project Narrative component of grant applications
(additionally, FRA recommends that the Project Narrative generally
adhere to the following outline). These requirements must be satisfied
through a narrative statement submitted by the applicant, and may be
supported by spreadsheet documents, tables, maps, drawings, and other
materials, as appropriate. The Project Narrative may not exceed 25
pages in length (including any appendices). Applications containing
Project Narratives that exceed this 25 page limitation will not be
reviewed or considered for award.
    Applicants should read this section carefully and must submit all
required information.
    1. Include a title page that lists the following elements in either
a table or formatted list: Project title, location (i.e., city, State,
district), the applicant organization name, the name of any co-
applicants, and the amount of Federal funding requested and the
proposed non-Federal match.
    2. Designate a point of contact for the applicant and provide his
or her name and contact information, including phone number, mailing
address and email address. The point of contact must be an employee of
an eligible applicant.
    3. Indicate the amount of Federal funding requested, the proposed
non-Federal match, and total project cost. Additionally, identify any
other sources of Federal funds committed to the project, as well as any
pending Federal requests. Make sure to also note if the requested
Federal funding must be obligated or expended by a certain date due to
dependencies or relationships with other Federal or non-Federal funding
sources, related projects, or other factors. Finally, specify whether
Federal funding has ever previously been sought for the project and not
secured, and name the Federal program and fiscal year for funding
request.
    4. Explain how the applicant meets the applicant eligibility
criteria, as outlined in Section 3 of this notice.
    5. Provide a brief 4-6 sentence summary of the proposed project,
capturing the transportation challenges the proposed project aims to
address, as well as the intended outcomes and anticipated benefits that
will result from the proposed project.
    6. Include a detailed project description that expands upon the
brief summary required above. This detailed description should provide,
at a minimum, additional background on the transportation challenges
the project aims to address, the expected users and beneficiaries of
the project, the specific components and elements of the project, and
any other information the applicant deems necessary to justify the
proposed project. The detailed description should also clearly explain
how the proposed project meets the project eligibility criteria, as
outlined in Section 3 of this notice.
    7. Include a thorough discussion of how the project meets all of
the evaluation criteria for the respective project type, as outlined in
Section 3 of this notice. Applicants should note that FRA reviews
applications based upon the evaluation criteria. If an application does
not sufficiently address the evaluation criteria, it is unlikely to be
a competitive application. In responding to the criteria, applicants
are reminded to clearly identify, quantify, and compare expected
benefits and costs of proposed projects. The FRA understands that the
level of detail and sophistication of analysis that should be expected
for relatively small projects (i.e., those encouraged to be limited to
under $3,000,000 in this notice) is less than for larger investments.
    8. Describe proposed project implementation and project management
arrangements. Include descriptions of the expected arrangements for
project contracting, contract oversight, change-order management, risk
management, and conformance to Federal requirements for project
progress reporting.

Additional Application Elements

    Applicants must:
    [cir] Submit a Statement of Work (SOW) that addresses the scope,
schedule, and budget for the proposed project if it were to be selected
for award. The SOW must contain sufficient detail so that both FRA and
the applicant can understand the expected outcomes of the proposed work
to be performed and monitor progress toward completing project tasks
and deliverables during a prospective grant's period of performance.
FRA has developed a standard SOW template that applicants must use to
be considered for award. The SOW templates and other required forms are
located at www.fra.dot.gov/Page/P0701;
    [cir] Describe anticipated environmental and historic preservation
impacts associated with the proposed project, any environmental or
historic preservation analyses that have been prepared, and progress
toward

completing any environmental documentation or clearance required for
the proposed project under National Environmental Policy Act (NEPA),
the National Historic Preservation Act, section 4(f) of the U.S. DOT
Act, the Clean Water Act, and other applicable Federal or State laws.
Applicants are encouraged to contact FRA and obtain preliminary
direction regarding the appropriate NEPA action and required
environmental documentation. Generally, projects will be ineligible to
receive funding if they have begun construction activities prior to the
applicant receiving written approval from FRA that all environmental
and historical analyses have been completed. Additional information
regarding FRA's environmental processes and requirements are located at
https://www.fra.dot.gov/eLib/Details/L05286;
    [cir] Submit the FRA's Additional Assurances and Certifications;
    [cir] Submit an SF 424A--Budget Information for Non-Construction or
SF 424C--Budget Information for Construction;
    [cir] Submit an SF 424B--Assurances for Non-Construction or SF
424D--Assurances for Construction; and
    [cir] Submit an SF LLL: Disclosure of Lobbying Activities.

Section 5: Award Administration

    Award Notices for applications selected for funding will be
announced after the application review period. FRA will contact
successful applicants after announcement with information and
instructions about the award process. Notification of a selected
application is not an authorization to begin proposed project
activities. The period of performance for grants awarded under this
notice is dependent upon the project, and will be determined on a
grant-by-grant basis. Extensions to the period of performance will be
considered only through written requests to the FRA with specific and
compelling justifications for why an extension is required. Any
obligated funding that has not been spent by the grantee and reimbursed
by the FRA upon completion of the grant will be de-obligated.
    The grantee and any sub-grantee must comply with all applicable
laws and regulations. A non-exclusive list of administrative and
national policy requirements that grantees must follow includes: 2 CFR
part 200, procurement standards, compliance with Federal civil rights
laws and regulations, disadvantaged business enterprises (DBE),
debarment and suspension, drug-free workplace, FRA's and OMB's
Assurances and Certifications, Americans with Disabilities Act (ADA),
labor standards, safety oversight, environmental protection, NEPA,
environmental justice, and Buy America or Buy American provisions (as
applicable).

Reporting Requirements

    The applicant will be required to comply with all standard FRA
reporting requirements, including quarterly progress reports, quarterly
Federal financial reports, and interim and final performance reports.
Reports may be submitted electronically. The applicant must comply with
all relevant requirements of 2 CFR 180.335 and 180.350.
    The grantee must comply with all post-award reporting, auditing,
monitoring, and close-out requirements.

Section 6: Agency Contact

    If you have a project related question, you may call Dr. Mark
Hartong, Scientific and Technical Advisor (Phone:<PHONE_NUMBER>;
email: Mark.Hartong@dot.gov), or Mr. Devin Rouse, Program Manager
(Phone:<PHONE_NUMBER>, email: devin.rouse@dot.gov). Grant application
submission and processing questions should be addressed to Mr. Marvin
Winston, Office of Program Delivery, Federal Railroad Administration,
1200 New Jersey Avenue SE., Room W36-440, Washington, DC 20590; Email:
<EMAIL_ADDRESS>    Information Collection: OMB has approved the information collection
associated with the Rail Safety Technology Grants Program. The approval
number for this collection of information is OMB No. 2130-0587.

    Issued in Washington, DC on March 31, 2016.
Mary Ann McNamara,
Chief, Grant Management Division.
[FR Doc. 2016-07780 Filed 4-4-16; 8:45 am]
 BILLING CODE 4910-06-P


Scope of EPA Charge to SAP on Carbofuran NOIC (1/31/08)

The SAP is charged with providing scientific and/or technical advice to
EPA on the potential impact on human health and the environment of the
action proposed in the Agency’s notice of intent to cancel (NOIC).
 FIFRA section 25(d).

This means that they may properly provide advice addressing any
scientific and/or technical issue relating to the scientific bases for
EPA’s analyses and conclusions regarding carbofuran’s risks to human
health and the environment outlined in the NOIC.

EPA has identified the scientific issues that it believes are most
critical to its risk assessment, and/or on which it has not previously
solicited advice from the SAP.  These are reflected in the charge
questions.  The SAP must, at a minimum, provide answers to the charge
questions.

To the extent that the SAP wishes to address other issues relating to
the scientific and technical aspects of the human health and ecological
risk analyses and conclusions laid out in the NOIC, they are not
precluded from this.   These may be issues raised by the public or by
individual SAP members.

However, this does not include (and therefore the SAP should not provide
advice on) the following issues:

1) The economic benefits associated with use of carbofuran.  FIFRA
section 25(d) limits the SAP’s role in reviewing proposed cancellation
actions to the impact of the action on human health and environment.

2) EPA’s regulatory policy conclusions.  The SAP’s role is to
comment upon the soundness of EPA’s scientific basis for its risk
conclusions, not to provide advice as to whether EPA should cancel
carbofuran’s registration.

3) Recommendations for the development of new data or methodologies.
 FIFRA established a deadline for EPA to make a reregistration decision
for carbofuran; EPA’s decision must therefore be based on the
available data.  Consequently, unlike previous SAPs, the Agency is not
asking for the SAP to provide advice and recommendations relating to the
development of new scientific methodologies or whether the scientific
basis for a regulatory decision could benefit from the development of
additional data.  To the extent they wish to provide such advice, it
must be in addition to  advice that addresses the specific charge
questions the Agency has presented.

4) The Agency will not be asking the SAP to address the carbofuran human
studies (oral or dermal) as the scientific and ethical issues associated
with these studies have already been reviewed by the Agency's Human
Studies Review Board (HSRB), the FACA group charged with evaluating
these issues.  Consequently, the SAP should not reconsider these
issues.

 This document was written by U.S. EPA, Office of General Counsel on
January 31, 2008.  It was provided via e-mail to the members of the
Carbofuran SAP.


[Federal Register: September 6, 2007 (Volume 72, Number 172)]
[Notices]
[Page 51225-51226]
[DOCID:fr06se07-52]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8464-7]

Proposed Consent Decree, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Proposed Consent Decree; Request for Public Comment.

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

SUMMARY: In accordance with section 113(g) of the Clean Air Act, as
amended (``Act''), 42 U.S.C. 7413(g), notice is hereby given of a
proposed consent decree, to address a lawsuit filed by Sierra Club
(``Plaintiff'') in the United States District Court for the Western
District of Wisconsin: Sierra Club v. Johnson, No. 07-C-0154-S (W.D.
WI). Plaintiff filed a deadline suit to compel the Administrator to
respond to two administrative petitions seeking EPA's objection to CAA
Title V operating permits issued by the Wisconsin Department of Natural
Resources to Louisiana Pacific Corporation's Tomahawk facility and the
University of Wisconsin-Madison's Walnut Street Heating Plant. Under
the terms of the proposed consent decree, EPA has agreed to respond to
Plaintiff's petitions within ten (10) days after the entry of this
decree by the Court, and Plaintiff has agreed to dismiss their suit
with prejudice. In addition, EPA has agreed to pay Plaintiff a
specified amount in settlement for attorneys' fees in this matter.

DATES: Written comments on the proposed consent decree must be received
by October 9, 2007.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2007-0885, online at http://www.regulations.gov (EPA's preferred method); by e-mail to<EMAIL_ADDRESS>mailed to EPA Docket Center,

Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001; or by hand delivery or courier to
EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave., NW.,
Washington, DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday,
excluding legal holidays. Comments on a disk or CD-ROM should be
formatted in Word or ASCII file, avoiding the use of special characters
and any form of encryption, and may be mailed to the mailing address
above.

FOR FURTHER INFORMATION CONTACT: Amy Huang Branning, Air and Radiation
Law Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone:<PHONE_NUMBER>; fax number<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    This proposed consent decree would resolve a lawsuit seeking a
response to two administrative petitions to object to CAA Title V
permits issued by the Wisconsin Department of Natural Resources to the
Louisiana Pacific Corporation's Tomahawk facility and the University of
Wisconsin-Madison's Walnut Street Heating Plant. The petitions on these
two permits were filed on May 9, 2006 and May 23, 2005 respectively.
Under the proposed consent decree, EPA has agreed to respond to the
Plaintiff's petition within ten (10) days after the entry of this
decree by the Court and to pay a specified amount in settlement of the
Plaintiff's claims for attorneys' fees. The consent decree becomes an
order of the Court upon entry, and, consistent with the terms of the
consent decree, the case shall be dismissed with prejudice after EPA
takes final action on Plaintiffs' petitions and pays the specified
amount in the consent decree in settlement of the Plaintiff's claims
for attorneys' fees.
    For a period of thirty (30) days following the date of publication
of this notice, the Agency will accept written comments relating to the
proposed consent decree from persons who were not named as parties or
intervenors to the litigation in question. EPA or the Department of
Justice may withdraw or withhold consent to the proposed consent decree
if the comments disclose facts or considerations that indicate that
such consent is inappropriate, improper, inadequate, or inconsistent
with the requirements of the Act. Unless EPA or the Department of
Justice determines, based on any comment submitted, that consent to
this consent decree should be withdrawn, the terms of the decree will
be affirmed.

II. Additional Information About Commenting on the Proposed Consent
Decree

A. How Can I Get A Copy Of the Consent Decree?

    The official public docket for this action (identified by Docket ID
No. EPA-HQ-OGC-2007-0885) contains a copy of the proposed consent
decree. The official public docket is available for public viewing at
the Office of Environmental Information (OEI) Docket in the EPA Docket
Center, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington,
DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Public Reading Room is<PHONE_NUMBER>, and the
telephone number for the OEI Docket is<PHONE_NUMBER>.
    An electronic version of the public docket is available through
http://www.regulations.gov. You may use the www.regulations.gov to submit or

view public comments, access the index listing of the contents of the
official public docket, and to access those documents in the public
docket that are available electronically. Once in the system, select
``search,'' then key in the appropriate docket identification number.
    It is important to note that EPA's policy is that public comments,
whether submitted electronically or in paper, will be made available
for public viewing online at http://www.regulations.gov without change, unless

the comment contains copyrighted material, CBI, or other information
whose disclosure is restricted by statute. Information claimed as CBI
and other information whose disclosure is restricted by statute is not
included in the official public docket or in the electronic public
docket. EPA's policy is that copyrighted

material, including copyrighted material contained in a public comment,
will not be placed in EPA's electronic public docket but will be
available only in printed, paper form in the official public docket.
Although not all docket materials may be available electronically, you
may still access any of the publicly available docket materials through
the EPA Docket Center.

B. How and To Whom Do I Submit Comments?

    You may submit comments as provided in the ADDRESSES section.
Please ensure that your comments are submitted within the specified
comment period. Comments received after the close of the comment period
will be marked ``late.'' EPA is not required to consider these late
comments.
    If you submit an electronic comment, EPA recommends that you
include your name, mailing address, and an e-mail address or other
contact information in the body of your comment and with any disk or CD
ROM you submit. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. Any identifying or
contact information provided in the body of a comment will be included
as part of the comment that is placed in the official public docket,
and made available in EPA's electronic public docket. If EPA cannot
read your comment due to technical difficulties and cannot contact you
for clarification, EPA may not be able to consider your comment.
    Use of the http://www.regulations.gov Web site to submit comments to EPA

electronically is EPA's preferred method for receiving comments. The
electronic public docket system is an ``anonymous access'' system,
which means EPA will not know your identity, e-mail address, or other
contact information unless you provide it in the body of your comment.
In contrast to EPA's electronic public docket, EPA's electronic mail
(e-mail) system is not an ``anonymous access'' system. If you send an
e-mail comment directly to the Docket without going through
http://www.regulations.gov, your e-mail address is automatically captured and

included as part of the comment that is placed in the official public
docket, and made available in EPA's electronic public docket.

    Dated: August 29, 2007.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. E7-17637 Filed 9-5-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 148 (Friday, August 1, 2014)]
[Notices]
[Pages 44966-44967]
[FR Doc No: 2014-18212]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2014-0048]

Petition for Waiver of Compliance

    In accordance with part 211 of Title 49 Code of Federal Regulations
(CFR), this document provides the public notice that by a letter dated
May 14, 2014, Union Pacific Railroad (UP), petitioned the Federal
Railroad Administration (FRA) for a waiver of compliance from certain
provisions of the Federal railroad safety regulations contained at 49
CFR part 232, Brake System Safety Standards for Freight and Other Non-
Passenger Trains and Equipment, End-of-Train Devices; 49 CFR part 229,
Railroad Locomotive Safety Standards; and 49 CFR part 215, Railroad
Freight Car Safety Standards; for locomotives and freight cars received
in interchange at El Paso, TX, from the Ferrocarriles Nacionales de
Mexico (FXE). FRA assigned the petition Docket Number FRA-2014-0048.
    Specifically, UP seeks relief from 49 CFR sections 232.205--Class I
brake test-initial terminal inspection, 229.21--Daily inspection, and
Part 215--Freight Car Standards, to permit movement from the FXE
interchange point at International Yard on the Lordsburg Subdivision to
UP's Dallas Street Yard for westbound traffic, a distance of 2.8 miles;
and to the UP Alfalfa Yard for eastbound traffic, a distance of 7 miles
without complying with the requirements of the above noted regulations.
UP currently receives three trains traveling north from Mexico (two
auto trains and one manifest train with intermodal cars) and delivers
three trains south to Mexico (two manifest trains and one auto train)
on a daily basis through the El Paso, TX, River International Yard.
Recently, there have been reports of gunfire heard across the border.
These reported gunshots are within close proximity to UP employees and
contractors. Moreover, many Federal employees, including U.S. Customs
and Border Protection agents, U.S. Department of Agriculture Inspecting
agents, and FRA inspectors work in the area as well. UP stated that the
requested waiver will have no adverse effect on the safety of
operations and will greatly reduce risks associated with these
operations. UP further stated that FRA granted agreements allowing
trains to be moved several miles without Class 1 air brake tests at
other cross-border gateways with similar risks.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's Docket Operations Facility, 1200 New Jersey Avenue
SE., W12-140, Washington, DC 20590. The Docket Operations Facility is
open from 9 a.m. to 5 p.m., Monday through Friday, except Federal
Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by September 2, 2014 will be considered by
FRA before final action is taken. Comments received after that date
will be considered as far as practicable.

    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the document,
if submitted on behalf of an association, business, labor union, etc.).
See http://www.regulations.gov/#!privacyNotice for the privacy notice
of regulations.gov or interested parties may review DOT's complete
Privacy Act Statement in the Federal Register published on April 11,
2000 (65 FR 19477).

    Issued in Washington, DC, on July 17, 2014.
Ron Hynes,
Director, Office of Safety Assurance and Compliance.
[FR Doc. 2014-18212 Filed 7-31-14; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 77, Number 113 (Tuesday, June 12, 2012)]
[Notices]
[Pages 34958-34959]
[FR Doc No: 2012-14295]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-D-0835]

Draft Guidance for Institutional Review Boards, Clinical
Investigators, and Sponsors: Considerations When Transferring Clinical
Investigation Oversight to Another Institutional Review Board;
Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of a draft guidance entitled ``Considerations When
Transferring Clinical Investigation Oversight to Another IRB.'' The
draft guidance discusses regulatory responsibilities of institutional
review boards (IRBs), clinical investigators, and sponsors when
oversight of a previously approved clinical investigation under FDA's
jurisdiction is transferred from one IRB to another IRB. The draft
guidance also addresses questions that have been previously raised
concerning procedures and processes that are required and/or
recommended by FDA when such oversight is transferred.

DATES: Although you can comment on any guidance at any time (see 21 CFR
10.115(g)(5)), to ensure that the Agency considers your comment on this
draft guidance before it begins work on the final version of the
guidance, submit either written or electronic comments on the draft
guidance by August 13, 2012.

ADDRESSES: Submit written requests for single copies of this draft
guidance to the Division of Drug Information, Center for Drug
Evaluation and Research (CDER), Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, Rm. 2201, Silver Spring, MD 20993-0002 (1-
888-463-6332 or<PHONE_NUMBER>); or the Office of Communication, Outreach
and Development (HFM-40), Center for Biologics Evaluation and Research
(CBER), Food and Drug Administration, 1401 Rockville Pike, Suite 200N,
Rockville, MD 20852-1448 (1-800-835-4709 or<PHONE_NUMBER>); or the
Division of Small Manufacturers, International and Consumer Assistance,
Center for Devices and Radiological Health (CDRH), Food and Drug
Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 4622, Silver
Spring, MD 20993 (1-800-638-2041 or<PHONE_NUMBER>). Send one self-
addressed adhesive label to assist that office in processing your
requests.
    Submit electronic comments on the draft guidance to http://www.regulations.gov. Submit written comments to the Division of Dockets
Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852. Identify comments with the docket number
found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Bridget Foltz, Office of Good Clinical
Practice, Food and Drug Administration, 10903 New Hampshire Ave., Bldg,
32, Rm. 5174, Silver Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a draft guidance entitled
``Considerations When Transferring Clinical Investigation Oversight to
Another IRB.'' The draft guidance discusses the regulatory
responsibilities of IRBs, clinical investigators, and sponsors when
oversight of a previously approved clinical investigation under FDA's
jurisdiction is transferred from one IRB to another IRB. In particular,
the draft guidance discusses eight steps to be considered when
transferring oversight of a previously approved clinical investigation
between two IRBs. These include: Identifying those studies for which
IRB oversight is being transferred; ensuring availability and retention
of pertinent records; establishing an effective date for the transfer;
conducting a review of research by the receiving IRB, where
appropriate; confirming or establishing the date for the next
continuing review; determining whether the consent form needs to be
revised; notifying the key parties; and updating IRB registration
information. This list is not meant to be exhaustive as the
circumstances involved in the transfer may vary.
    To enhance human subject protections and reduce regulatory burden,
FDA and the Office for Human Research Protections (OHRP) have been
actively working to harmonize the Agencies' regulatory requirements and
guidance for human subjects research. This draft guidance document was
developed as a part of these efforts. OHRP has simultaneously published
in this same issue of the Federal Register a draft guidance document
entitled ``Considerations in Transferring a Previously Approved
Research Project to a New IRB or Research Institution'' that is similar
to FDA's draft document.
    FDA and OHRP recognize that the two documents may appear somewhat
different as there are minor variations in formatting and some
necessary variations due to differences in the regulated entities under
FDA's and OHRP's jurisdiction. The Agencies wish to stress, however,
that our intent was to provide harmonized guidance to IRBs, sponsors,
institutions, investigators, and other entities involved in the study
oversight transfer process. FDA and OHRP will continue to work closely
in the development of final guidance and appreciate comments from
interested parties.
    The draft guidance is being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The draft guidance, when
finalized, will represent FDA's current thinking on this topic. It does
not create or confer any rights for or on any person and does not
operate to bind FDA or the public. An alternative approach may be used
if such approach satisfies the requirements of the applicable statutes
and regulations.

II. The Paperwork Reduction Act of 1995

    This draft guidance includes information collections provisions
that are subject to review by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The
collections of information referenced in this draft guidance that are
related to IRB recordkeeping requirements under 21 CFR 56.115, which
include the requirements for records related to informed consent, have
been approved under OMB control number 0910-0130; the collection of
information in 21 CFR part 312 have been approved under OMB control
number 0910-0014; and the collections of information in 21 CFR part 812
have been approved under

OMB control number 0910-0078. In accordance with the PRA, prior to
publication of any final guidance document, FDA intends to solicit
public comment and obtain OMB approval for any information collections
recommended in this draft guidance that are new or that would represent
material modifications to these previously approved collections of
information found in FDA regulations.

III. Comments

    The draft guidance is being distributed for comment purposes only
and is not intended for implementation at this time. Interested persons
may submit to the Division of Dockets Management (see ADDRESSES) either
electronic or written comments regarding this document. It is only
necessary to send one set of comments. Identify comments with the
docket number found in brackets in the heading of this document.
Received comments may be seen in the Division of Dockets Management
between 9 a.m. and 4 p.m., Monday through Friday.

IV. Electronic Access

    Persons with access to the Internet may obtain the draft guidance
at either http://www.fda.gov/ScienceResearch/SpecialTopics/RunningClinicalTrials/ProposedRegulationsandDraftGuidances/default.htm
or http://www.regulations.gov.

    Dated: June 6, 2012.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2012-14295 Filed 6-11-12; 8:45 am]
BILLING CODE 4160-01-P