[Federal Register: July 20, 2006 (Volume 71, Number 139)]
[Rules and Regulations]
[Page 41127-41161]
[DOCID:fr20jy06-11]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Parts 1926 and 1928

[Docket No. S-270-A]
RIN 1218-AC15

Roll-Over Protective Structures

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Final rule; corrections and technical amendments.

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SUMMARY: On December 29, 2005, OSHA published a direct final rule in
the Federal Register reinstating its original construction and
agriculture standards that regulate the testing of roll-over protective
structures (``ROPS'') used to protect employees who operate wheel-type
tractors. OSHA received one comment to the direct final rule; this
comment recommended a number of clarifications to the original ROPS
standards published in the direct final rule. In the present notice,
the Agency is making corrections and technical amendments to the ROPS
standards in response to this comment, as a result of editorial errors
found in the ROPS standards published in the direct final rule, and to
improve consistency among the figures generated for these standards.
The Agency finds that these corrections and technical amendments do not
change the substantive requirements of the ROPS standards.

DATES: The corrections and technical amendments specified by this
rulemaking become effective on July 20, 2006.

FOR FURTHER INFORMATION CONTACT:
    Press inquiries: Kevin Ropp, OSHA Office of Communications, Room N-
3647, U.S. Department of Labor, 200 Constitution Avenue, NW.,
Washington, DC 20210; telephone:<PHONE_NUMBER>.
    General and technical information: Matthew Chibbaro, Acting
Director, Office of Safety Systems, Directorate of Standards and
Guidance, Occupational Safety and Health Administration, U.S.
Department of Labor, Room N-3609, 200 Constitution Avenue, NW.,
Washington, DC 20210; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: On December 29, 2005, OSHA published a
direct final rule in the Federal Register reinstating its original
construction and agriculture standards that regulate the testing of
roll-over protective structures (``ROPS'') used to protect employees
who operate wheel-type tractors (see 70 FR 76979). The Agency received
only one public comment (Ex. 3-1) on the direct final rule, which it
determined was not a significant adverse comment. The commenter
recommended several clarifications to the ROPS standards published in
the direct final rule.
    The table below describes the clarifications recommended by the
commenter who responded to the direct final rule, and OSHA's response
to these recommendations. This response provides the Agency's rationale
for accepting a recommendation or excluding it from further
consideration. Accordingly, OSHA is making a number of corrections and
technical amendments to the ROPS standards for construction (Sec.
1926.1002) and agriculture (Sec. Sec.  1928.52 and 1928.53) based on
the commenter's recommendations.

------------------------------------------------------------------------
             Recommendation                      OSHA's response
------------------------------------------------------------------------
Figure W-15:
     05T needs to be 0.5T and    OSHA added the decimal points
     09T needs to be 0.9T                 as recommended. However,
     (50 DEG  5       instead of revising ``DEG'' to
     DEG) (1270 plus/minus 127 mm)        ``INCHES,'' OSHA is replacing
     needs to be (50 inches plus/minus    the entire caption with ``45
     5 inches) (1270 plus/minus 127 mm).  in. min. (1143 mm)'' to make
     Path of travel should also   this figure consistent with
     state center of tractor.             Figure C-10. Regarding the
                                          third recommendation, OSHA is
                                          adding a caption to the figure
                                          indicating the center of the
                                          tractor on the path of travel.
                                          For consistency, OSHA added
                                          this caption as well to Figure
                                          C-10. However, this caption
                                          applies only to the linear
                                          center of the tractor, which
                                          does not necessarily represent
                                          the tractor's center of
                                          gravity.
------------------------------------------------------------------------
Figure W-16:
    Under 1926.1002(i)(1)(i), Dimension  OSHA is not making a change in
     D equals 2 inches (51 mm) inside     response to this comment.
     of the frame upright to the          Dimension D represents the
     vertical centerline of the seat.     minimum deflection from the
     However, because Dimension G is 24   true horizontal permitted
     inches (610 mm), Dimension D         during side-load testing,
     should be 12 inches (305 mm).        which must be at least 2
                                          inches (51 mm). Dimension G is
                                          the minimum design limit for
                                          the width of a ROPS (i.e., the
                                          ROPS must have a width of at
                                          least 24 inches). Therefore,
                                          the dimensions in Figure W-16
                                          are correct.
------------------------------------------------------------------------
Figure W-17:
    Under 1926.1002(i)(1)(i), Dimension  OSHA is not making a change in
     F equals not less than 0 inches (0   response to this comment.
     mm) and not more than 12 inches      Dimension F represents two
     (305 mm) measured at the             values: 12 inches is the pre-
     centerline of the seat backrest to   load design dimension and 0 is
     the crossbar along the line of       the maximum deflection
     load application. Clarify whether    permitted during rear-load
     the distance between the seat        testing (i.e., the distance
     backrest and the frame cannot be     between the two lines
     more than 12 inches after impact.    circumscribed by Dimension F
                                          can be no greater than 12
                                          inches during testing).
                                          Therefore, the dimensions in
                                          Figure W-17 are correct and
                                          clear.
------------------------------------------------------------------------
Figure W-18:
    Figure W-18 does not have any        OSHA is not making a change in
     dimension specifications or an       response to this comment. The
     explanation of what it is and what   figure legend states that the
     it does.                             figure represents a method for
                                          measuring instantaneous
                                          deflection, which is explained
                                          in Sec.   1926.1002(g)(1)(ii)
                                          and (g)(2)(v).
------------------------------------------------------------------------
Figure W-19:
     08Lmax needs to be          OSHA added the decimal point as
     0.8Lmax.                             recommended. However, OSHA is
     Load L, lb (kg) - Define     not revising ``Load L, lb
     as L = static load, lb (kg).         (kg)'' or ``Deflection D, in.
     Deflection D, in. (mm) -     (mm)'' because these terms are
     Define as D = deflection under L,    defined in the regulatory text
     in. (mm).                            at Sec.   1926.1002(j)(3).
------------------------------------------------------------------------
Figure W-20:
     EU = OQD/12 ft-lb - Add an  OSHA is not making a change in
     explanation that dividing by 12      response to this comment. OSHA
     converts [to] in-lb.                 does not believe it is
     Load L, lb (kg) - Define L   necessary to specifically
     = static load, lb (kg).              explain that dividing by 12
     Deflection D, in. (mm) -     converts ft-lbs to in-lbs. See
     Define D = deflection under L, in.   OSHA's response above for
     (mm).                                Figure W-19 regarding the
                                          comment on defining ``Load L,
                                          lb (kg)'' and ``Deflection D,
                                          in. (mm).''
------------------------------------------------------------------------
Figure W-21:
    Add the weight of the pendulum       OSHA is not making a change in
     (4,410 lbs (2,000 kg)) and the       response to this comment
     height of the pendulum (18-22 ft     because the information in the
     (5.5-6.7 m)) on the drawing.         figure is provided in Sec.
                                          1926.1002(h)(1)(ii).
------------------------------------------------------------------------
Figure W-24:
     Correct the first notation  OSHA is adding the decimal
     to read: H = 4.92 + 0.00190 W or     points in the notation ``H =
     H' = 125 + 0.107 W'.                 4.92 + 0.00190W or H' = 125 +
     Correct the second           0.107W','' as well as
     notation to read: W = tractor        correcting the second notation
     weight as specified by 29 CFR        to read ``W = tractor weight
     1926.1002(e)(1) and (e)(3), in lb.   as specified by 29 CFR
     (W', kg).                            1926.1002(e)(1) and (e)(3) in
                                          pounds (W' in kg).''
------------------------------------------------------------------------
Figures C-2, C-3, C-8, C-9, C-13, C-14,
 C-15, C-16:
    Define SRP as ``Seat Reference       OSHA is not making a change in
     Point.''                             response to this comment. Both
                                          1928.52(d)(iv) and
                                          1928.53(d)(iv) define this
                                          term, and OSHA believes these
                                          definitions are sufficient.
------------------------------------------------------------------------
Figure C-4:
    This drawing does not have any       See OSHA's response above for
     dimension specifications or an       Figure W-18. In this case, the
     explanation of what it is and what   method is explained in Sec.
     it does.                             Sec.   1928.52(d)(3)(i)(E) and
                                          1928.53(d)(3)(i)(E).
------------------------------------------------------------------------
Figure C-5:
     Load L, lb (kg) - Define    See OSHA's response above for
     as L = static load, lb (kg)          Figure W-19. In this case, the
     Deflection D, in. (mm) -     terms are defined in Sec.
     Define as D = deflection under L,    Sec.   1928(d)(2)(ii) and
     in. (mm).                            1928(d)(2)(ii).
------------------------------------------------------------------------
Figure C-6:
    Add the weight of the pendulum       See OSHA's response above for
     (4,410 lbs (2,000 kg)) and the       Figure W-21. In this case, the
     height of the pendulum (18-22 ft     information is provided in
     (5.5-6.7 m)) on the drawing.         Sec.  Sec.
                                          1928.52(d)(3)(i)(B) and
                                          1928.53(d)(3)(i)(B).
------------------------------------------------------------------------

Figure C-7:
     The second notation should  OSHA is substituting Figure W-
     read: W = tractor weight (see 29     24 for this figure, but is
     CFR 1928.51(a) in lb. (W', kg).      correcting the notation in the
     Clarify whether impact       new figure to read ``W =
     energy is in ft-lbs x 1000 instead   tractor weight as specified by
     of lb x 1000.                        29 CFR 1928.51(a) in pounds
                                          (W' in kg).'' This correction
                                          clarifies that impact energy
                                          is in ft-lbs.
------------------------------------------------------------------------
29 CFR 1928.53(d)(2)(ii):
    Revise the notation to read W =      OSHA is revising this notation
     Tractor weight (see 29 CFR           as recommended.
     1928.51(a)) in lb (W' in kg).
------------------------------------------------------------------------

    Other corrections and technical amendments. In addition to the
revisions described in the table above, OSHA carefully reviewed the
direct final rule and found that several additional corrections should
be made to the original ROPS standards published in the direct final
rule. In this regard, the Agency is making the following two
corrections to Sec.  1926.1002(h)(1)(v): Correcting the typographical
error in the first sentence from ``f'' to ``of''; and, in the second
sentence, correcting the reference to Figure W-23 to ``Figure W-18.''
    A number of figures appear in the original ROPS standards. These
figures are: W-14 through W-24 of Sec.  1926.1002; W-25 through W-28 of
Sec.  1926.1003; C-1 through C-11 of Sec.  1928.52; and C-12 through C-
16 of Sec.  1928.53. After publishing the direct final rule for ROPS in
the Federal Register (70 FR 76979), the Agency reproduced the figures
in these ROPS standards using state-of-the-art computer-design
technology to obtain images that are clearer and more comprehensible
than the images used in the direct final rule. Therefore, OSHA is
replacing the figures published in the direct final rule with these
newly generated figures.
    In the process of generating the new figures, the Agency made
stylistic, editorial, and technical corrections to them. The following
table describes the technical corrections made to the figures.

------------------------------------------------------------------------
              Figures                            Correction
------------------------------------------------------------------------
W-15..............................  Added the same legend as the legend
                                     to Figure C-10; added the caption
                                     ``CENTER OF TRACTOR'' as in Figure
                                     C-10.
C-4...............................  Replaced the legend with the legend
                                     to Figure W-18.
C-5...............................  Substituted Figure W-19 for this
                                     figure.
C-6...............................  Added the phrase ``PIN MARKING
                                     POSITION OF'' to the caption
                                     ``CENTER OF GRAVITY'' as in Figure
                                     W-21.
C-7...............................  Substituted Figure W-24 for this
                                     figure.
C-8, C-15, and W-22...............  Revised the caption addressing the
                                     beam under the tractor to read,
                                     ``BEAM CLAMPED IN FRONT OF BOTH
                                     REAR WHEELS AFTER ANCHORING, 6 IN.
                                     (15 CM) SQUARE.''
C-10..............................  Added the captions ``PATH OF
                                     TRAVEL'' and ``RAMP'' as in Figure
                                     W-15; added the phrase ``TEST
                                     TRACTOR'' to the caption ``REAR
                                     WHEEL TREAD'' as in Figure W-15.
------------------------------------------------------------------------

    Exemption from notice and comment procedures. OSHA has determined
that the corrections and technical amendments made by this rulemaking
are not subject to the procedures for public notice-and-comment
rulemaking specified under Section 4 of the Administrative Procedure
Act (5 U.S.C. 553), or Section 6(b) of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 655(b)), because these corrections and
technical amendments do not affect the substantive requirements or
coverage of the ROPS standards for the construction and agriculture
industries. This rulemaking does not modify or revoke existing rights
and obligations, and new rights and obligations have not been
established by this rulemaking. Under this rulemaking, the Agency is
merely correcting or clarifying the existing regulatory requirements of
the ROPS standards. Therefore, OSHA finds that public notice-and-
comment procedures are unnecessary within the meaning of 5 U.S.C.
553(b)(3)(B) and Sec.  1911.5.

List of Subjects

29 CFR Part 1926

    Construction industry, Motor vehicle safety, Occupational safety
and health.

29 CFR Part 1928

    Agriculture, Motor vehicle safety, Occupational safety and health.

Authority and Signature

    This document was prepared under the direction of Edwin G. Foulke,
Jr., Assistant Secretary of Labor for Occupational Safety and Health,
U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC
20210. The Agency is issuing this notice under the following
authorities: Sections 4, 6, and 8 of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 653, 655, 657); Section 3704 of the Contract
Work Hours and Safety Standards Act (40 U.S.C. 3701 et seq.); Secretary
of Labor's Order 5-2002 (67 FR 65008); and 29 CFR part 1911.

    Signed at Washington, DC on July 12, 2006.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor.

 Amended Standards

0
Based on the explanations provided by the preamble to this document,
OSHA is amending 29 CFR parts 1926 and 1928 as follows:

PART 1926--[AMENDED]

Subpart W--[Amended]

0
1. The authority citation for subpart W of part 1926 continues to read
as follows:

    Authority: Section 3704 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 3701); Sections 4, 6, and 8 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655,
657); and Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76
(41 FR 25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR
111), 3-2000 (65 FR 50017), or 5-2002 (67 FR 65008), as applicable.

0
2. Revise paragraph (h)(1)(v) of Sec.  1926.1002 to read as follows:

Sec.  1926.1002  Protective frames (roll-over protective structures,
known as ROPS) for wheel-type agricultural and industrial tractors used
in construction.

* * * * *
    (h) * * *
    (1) * * *
    (v) Means shall be provided for indicating the maximum
instantaneous deflection along the line of impact. A simple friction
device is illustrated in Figure W-18.
* * * * *

0
3. In Appendix A to subpart W, remove existing Figures W-14 through W-
28 and add in their place new Figures W-14 through W-28. [insert
figures W-14 through W-28]
* * * * *

PART 1928--[AMENDED]

Subpart C--[Amended]

0
4. The authority citation to part 1928 continues to read as follows:
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    Authority: Sections 4, 6, and 8 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 653, 655, 657); and Secretary of
Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48
FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017)
or 5-2002 (67 FR 65008) as applicable; and 29 CFR part 1911.
    Section 1928.21 also issued under Section 29, Hazardous
Materials Transportation Uniform Safety Act of 1990 (Pub. L. 101-
615, 104 Stat. 3244 (49 U.S.C. 1801-1819 and 5 U.S.C. 553)).

0
5. Revise paragraph (d)(2)(ii) of Sec.  1928.53 to read as follows:

Sec.  1928.53  Protective enclosures for wheel-type agricultural
tractors--test procedures and performance requirements.

* * * * *
    (d) * * *
    (2) * * *
    (ii) The following definitions shall apply:

W = Tractor weight (see 29 CFR 1928.51(a)) in lb (W ' in kg);
Eis = Energy input to be absorbed during side loading in ft-lb (E
'is in J [joules]);
Eis = 723 + 0.4 W (E 'is = 100 + 0.12 W ');
Eir = Energy input to be absorbed during rear loading in ft-lb (E
'ir in J);
Eir = 0.47 W (E 'ir = 0.14 W ');
L = Static load, lbf [pounds force], (N) [newtons];
D = Deflection under L, in. (mm);
L-D = Static load-deflection diagram;
Lmax = Maximum observed static load;
Load Limit = Point on a continuous L-D curve where the observed
static load is 0.8 Lmax on the down slope of the curve (see Figure
C-5);
Eu = Strain energy absorbed by the protective enclosure in ft-lbs
(J); area under the L-D curve;
FER = Factor of energy ratio;
FERis = Eu/Eis; and
FERir = Eu/Eir.
* * * * *

0
6. In Appendix B to subpart C, remove existing Figures C-1 through C-16
and add in their place new Figures C-1 through C-16.
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[FR Doc. 06-6327 Filed 7-19-06; 8:45 am]

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[Federal Register Volume 87, Number 17 (Wednesday, January 26, 2022)]
[Rules and Regulations]
[Pages 3921-3923]
[FR Doc No: 2022-01443]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

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

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

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

Federal Register / Vol. 87, No. 17 / Wednesday, January 26, 2022 /
Rules and Regulations

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2022-0056; Special Conditions No. 25-806-SC]

Special Conditions: Peregrine; Installed Rechargeable Lithium
Batteries

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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SUMMARY: These special conditions are issued for a supplemental type
certificate to install rechargeable lithium batteries in the Emergency
Exit Light (EEL) power supply on certain transport category airplanes.
These airplanes, as modified by Peregrine, will have a novel or unusual
design feature when compared to the state of technology envisioned in
the airworthiness standards for transport category airplanes. This
design feature is the installation of an EEL power supply that contains
rechargeable lithium batteries. The applicable airworthiness
regulations do not contain adequate or appropriate safety standards for
this design feature. These special conditions contain the additional
safety standards that the Administrator considers necessary to
establish a level of safety equivalent to that established by the
existing airworthiness standards.

DATES: This action is effective on Peregrine on January 26, 2022. Send
comments on or before March 14, 2022.

ADDRESSES: Send comments identified by Docket No. FAA-2022-0056 using
any of the following methods:
     Federal eRegulations Portal: Go to http://www.regulations.gov/ and follow the online instructions for sending
your comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: Except for Confidential Business Information (CBI) as
described in the following paragraph, and other information as
described in 14 CFR 11.35, the FAA will post all comments received
without change to http://www.regulations.gov/, including any personal
information you provide. The FAA will also post a report summarizing
each substantive verbal contact received about this proposal.
    Confidential Business Information: Confidential Business
Information (CBI) is commercial or financial information that is both
customarily and actually treated as private by its owner. Under the
Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from
public disclosure. If your comments responsive to this Notice contain
commercial or financial information that is customarily treated as
private, that you actually treat as private, and that is relevant or
responsive to this Notice, it is important that you clearly designate
the submitted comments as CBI. Please mark each page of your submission
containing CBI as ``PROPIN.'' The FAA will treat such marked
submissions as confidential under the FOIA, and the indicated comments
will not be placed in the public docket of this Notice. Submissions
containing CBI should be sent to Nazih Khaouly, Aircraft Systems, AIR-
623, Technical Innovation Policy Branch, Policy and Innovation
Division, Aircraft Certification Service, Federal Aviation
Administration, 2200 South 216th Street, Des Moines, Washington 98198;
telephone and fax<PHONE_NUMBER>; email [email protected]. Comments
the FAA receives, which are not specifically designated as CBI, will be
placed in the public docket for this rulemaking.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov/ at any time. Follow the online instructions
for accessing the docket or go to Docket Operations in Room W12-140 of
the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Nazih Khaouly, Aircraft Systems, AIR-
623, Technical Innovation Policy Branch, Policy and Innovation
Division, Aircraft Certification Service, Federal Aviation
Administration, 2200 South 216th Street, Des Moines, Washington 98198;
telephone and fax<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION: The substance of these special conditions
has been published in the Federal Register for public comment in
several prior instances with no substantive comments received.
Therefore, the FAA has determined that prior public notice and comment
are unnecessary, and finds that, for the same reason, good cause exists
for adopting these special conditions upon publication in the Federal
Register.

Comments Invited

    The FAA invites interested people to take part in this rulemaking
by sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data.
    The FAA will consider all comments received by the closing date for
comments. The FAA may change these special conditions based on the
comments received.

Background

    On January 22, 2021, Peregrine applied for a supplemental type
certificate to install rechargeable lithium batteries in the ELL power
supply. Peregrine wants to apply this STC to multiple transport
category airplanes and may periodically amend this STC to expand its
applicability to include additional transport category airplane makes
and models.

Type Certification Basis

    Under the provisions of title 14, Code of Federal Regulations (14
CFR) 21.101, Peregrine must show that airplanes, for which they make
application to modify by STC no. ST01086DE, as changed, continue to
meet the applicable

provisions of the regulations listed in each airplane's respective type
certificate or the applicable regulations in effect on the date of
application for the change except for earlier amendments as agreed upon
by the FAA.
    If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 25) do not contain adequate or
appropriate safety standards because of a novel or unusual design
feature, special conditions are prescribed under the provisions of
Sec.  21.16.
    Special conditions are initially applicable to the airplane model
for which they are issued. Should the applicant apply for an STC to
modify any other model included on the same type certificate to
incorporate the same novel or unusual design feature, these special
conditions would also apply to the other model under Sec.  21.101.
    In addition to the applicable airworthiness regulations and special
conditions, the airplanes modified by STC no. ST01086DE must comply
with the fuel vent and exhaust emission requirements of 14 CFR part 34
and the noise certification requirements of 14 CFR part 36.
    The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec.  11.38, and they become part of the type
certification basis under Sec.  21.101

Novel or Unusual Design Features

    The airplanes with STC no. ST01086DE will incorporate the following
novel or unusual design feature:
    The installation of an EEL power supply that contains rechargeable
lithium batteries.

Discussion

    Rechargeable lithium batteries are considered to be a novel or
unusual design feature in transport category airplanes, with respect to
the requirements in Sec.  25.1353. This type of battery has certain
failure, operational, and maintenance characteristics that differ
significantly from those of the nickel-cadmium and lead-acid
rechargeable batteries currently approved for installation on transport
category airplanes. These batteries introduce higher energy levels into
airplane systems through new chemical compositions in various battery-
cell sizes and construction. Interconnection of these cells in battery
packs introduces failure modes that require unique design
considerations, such as provisions for thermal management.
    Special Condition 1 requires that each individual cell within a
battery be designed to maintain safe temperatures and pressures.
Special Condition 2 addresses these same issues but for the entire
battery. Special Condition 2 requires that the battery be designed to
prevent propagation of a thermal event, such as self-sustained,
uncontrolled increases in temperature or pressure from one cell to
adjacent cells.
    Special Conditions 1 and 2 are intended to ensure that the cells
and battery are designed to eliminate the potential for uncontrollable
failures. However, a certain number of failures will occur due to
various factors beyond the control of the designer. Therefore, other
special conditions are intended to protect the airplane and its
occupants if failure occurs.
    Special Conditions 3, 7, and 8 are self-explanatory. Special
Condition 4 clarifies that the flammable-fluid fire-protection
requirements of Sec.  25.863 apply to rechargeable lithium battery
installations. Section 25.863 is applicable to areas of the airplane
that could be exposed to flammable fluid leakage from airplane systems.
Rechargeable lithium batteries contain electrolyte that is a flammable
fluid.
    Special Condition 5 requires each rechargeable lithium battery
installation to not damage surrounding structure or adjacent systems,
equipment, or electrical wiring from corrosive fluids or gases that may
escape in such a way as to cause a major or more severe failure
condition. Special Condition 6 requires each rechargeable lithium
battery installation to have provisions to prevent any hazardous effect
on airplane structure or systems caused by the maximum amount of heat
it can generate due to any failure of it or its individual cells. The
means of meeting special conditions 5 and 6 may be the same, but they
are independent requirements addressing different hazards. Special
Condition 5 addresses corrosive fluids and gases, whereas special
condition 6 addresses heat.
    Special Condition 9 requires rechargeable lithium batteries to have
``automatic'' means, for charge rate and disconnect, due to the fast-
acting nature of lithium battery chemical reactions. Manual
intervention would not be timely or effective in mitigating the hazards
associated with these batteries.
    These special conditions apply to all rechargeable lithium battery
installations in lieu of Sec.  25.1353(b)(1) through (4) at Amendment
25-123 or Sec.  25.1353(c)(1) through (4) at earlier amendments. Those
regulations remain in effect for other battery installations.
    These special conditions contain the additional safety standards
that the Administrator considers necessary to establish a level of
safety equivalent to that established by the existing airworthiness
standards.

Applicability

    As discussed above, these special conditions are applicable to the
airplane models listed on the approved model list (AML) of STC no.
ST01086DE, which is available at rgl.faa.gov. All models listed in the
AML must be evaluated and determined to comply with these special
conditions. Additionally each new model added to the AML subsequently
must also be evaluated and determined to comply with these special
conditions. Should Peregrine apply at a later date for a change to STC
no. ST01086DE to include any other model on the AML to incorporate the
same novel or unusual design feature, these special conditions would
apply to that model as well. Should Peregrine apply at a later date for
another STC to modify any other model included on the type certificates
of the models on the STC no. ST01086DE AML to incorporate the same
novel or unusual design feature, these special conditions would also
apply to that model as well. These special conditions are not
applicable to those models in which special conditions for rechargeable
lithium batteries have already been issued against the Type Certificate
for that specific model.

Conclusion

    This action only affects the installation of an EEL power supply
that contains rechargeable lithium batteries on the airplane models
listed on the AML of STC no. ST01086DE. It is not a rule of general
applicability and affects only the applicant who will apply to the FAA
for approval of these features on the airplanes.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

Authority Citation

    The authority citation for these special conditions is as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40113, 44701, 44702,
44704.

The Special Conditions

0
Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the type certification basis for airplane models listed on the approved
model list of

supplemental type certificate no. ST01086DE, as modified by Peregrine.
    In lieu of Sec.  25.1353(b)(1) through (4) at amendment 25-123, or
Sec.  25.1353(c)(1) through (4) at earlier amendments, each
rechargeable lithium battery installation must:
    1. Be designed to maintain safe cell temperatures and pressures
under all foreseeable operating conditions to prevent fire and
explosion.
    2. Be designed to prevent the occurrence of self-sustaining,
uncontrollable increases in temperature or pressure, and automatically
control the charge rate of each cell to protect against adverse
operating conditions, such as cell imbalance, back charging,
overcharging and overheating.
    3. Not emit explosive or toxic gases, either in normal operation or
as a result of its failure that may accumulate in hazardous quantities
within the airplane.
    4. Meet the requirements of Sec.  25.863.
    5. Not damage surrounding structure or adjacent systems, equipment,
or electrical wiring from corrosive fluids or gases that may escape in
such a way as to cause a major or more-severe failure condition.
    6. Have provisions to prevent any hazardous effect on airplane
structure or systems caused by the maximum amount of heat it can
generate due to any failure of it or its individual cells.
    7. Have a failure sensing and warning system to alert the flight
crew if its failure affects safe operation of the airplane.
    8. Have a monitoring and warning feature that alerts the flightcrew
when its charge state falls below acceptable levels if its function is
required for safe operation of the airplane.
    9. Have a means to automatically disconnect from its charging
source in the event of an over-temperature condition, cell failure or
battery failure.

    Note:  A battery system consists of the battery, battery
charger, and any protective monitoring and alerting circuitry or
hardware inside or outside of the battery. It also includes vents
(where necessary) and packaging. For the purpose of these special
conditions, a battery and the battery system is referred to as a
battery.

    Issued in Kansas City, Missouri, on January 20, 2022.
Patrick R. Mullen,
Manager, Technical Innovation Policy Branch, Policy and Innovation
Division, Aircraft Certification Service.
[FR Doc. 2022-01443 Filed 1-25-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 17 (Thursday, January 25, 2018)]
[Rules and Regulations]
[Page 3401]
[FR Doc No: 2018-01382]

========================================================================
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. 17 / Thursday, January 25, 2018 /
Rules and Regulations

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2018-0052]

Drawbridge Operation Regulation; Chambers Creek, Steilacoom, WA

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Chambers Bay railroad lift bridge
(Chambers Bay Bridge) across Chambers Bay, mile 0.01, near Steilacoom
in Pierce County, WA. The deviation allows the Chambers Bay Bridge to
operate without a duty bridge operator during the late evening and
early morning hours over the relevant dates. During these hours the
Chambers Bay Bridge will remain in the closed-to-navigation position.

DATES: This deviation is effective without actual notice from January
25, 2018 through 6 a.m. on May 19, 2018. For the purposes of
enforcement, actual notice will be used from January 25, 2018 until 10
p.m. May 19, 2018.

ADDRESSES: The docket for this deviation, USCG-2018-0052 is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH.'' Click on Open Docket Folder on the line
associated with this deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Mr. Steven Fischer, Bridge
Administrator, Thirteenth Coast Guard District; telephone<PHONE_NUMBER>,
email [email protected].

SUPPLEMENTARY INFORMATION: Burlington Northern Santa Fe (BNSF) Railway
Company owns and operates the vertical lift Chambers Bay Bridge. BNSF
requested the Chambers Bay Bridge, across Chambers Bay, mile 0.01, near
Steilacoom in Pierce County, WA, be authorized to operate without a
bridge operator on duty between the hours of 10 p.m. and 6 a.m. The
subject bridge operates in accordance with 33 CFR 117.5. Chambers Bay
Bridge has a vertical clearance of 10 ft in the closed-to-navigation
position, and 50 ft of vertical clearance in the open-to-navigation
position (reference MHW elevation of 12.2 feet). Between the hours of
10 p.m. and 6 a.m., the Chambers Bay Bridge will be able to open on
signal if such requests are received with at least 4 hours notice.
    Waterway usage on Chambers Bay is recreational pleasure craft
including cabin cruisers and sailing vessels. Vessels able to pass
under the bridge in the closed-to-navigation position may do so at
anytime. The bridge will be able to open for emergencies during this
closure period, and there is no immediate alternate route for vessels
to pass. The Coast Guard will also inform the users of the waterways
through our Local and Broadcast Notices to Mariners of the change in
operating schedule for the bridge so that vessels can arrange their
transits to minimize any impact caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: January 19, 2018.
Steven M. Fischer,
Bridge Administrator, Thirteenth Coast Guard District.
[FR Doc. 2018-01382 Filed 1-24-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 85, Number 220 (Friday, November 13, 2020)]
[Rules and Regulations]
[Pages 72560-72562]
[FR Doc No: 2020-24987]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 31339 Amdt. No. 3929]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This rule establishes, amends, suspends, or removes Standard
Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums
and Obstacle Departure Procedures (ODPs) for operations at certain
airports. These regulatory actions are needed because of the adoption
of new or revised criteria, or because of changes occurring in the
National Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective November 13, 2020. The compliance date
for each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of November 13, 2020.

ADDRESSES: Availability of matters incorporated by reference in the
amendment is as follows:

For Examination

    1. U.S. Department of Transportation, Docket Ops-M30, 1200 New
Jersey Avenue SE, West Bldg., Ground Floor, Washington, DC 20590-0001.
    2. The FAA Air Traffic Organization Service Area in which the
affected airport is located;
    3. The office of Aeronautical Navigation Products, 6500 South
MacArthur Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free
of charge. Visit the National Flight Data Center at nfdc.faa.gov to
register. Additionally, individual SIAP and Takeoff Minimums and ODP
copies may be obtained from the FAA Air Traffic Organization Service
Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT: Thomas J. Nichols, Flight Procedures
and Airspace Group, Flight Technologies and Procedures Division, Flight
Standards Service, Federal Aviation Administration. Mailing Address:
FAA Mike Monroney Aeronautical Center, Flight Procedures and Airspace
Group, 6500 South MacArthur Blvd., Registry Bldg. 29,

Room 104, Oklahoma City, OK 73169. Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends 14 CFR part 97 by
establishing, amending, suspending, or removes SIAPS, Takeoff Minimums
and/or ODPS. The complete regulatory description of each SIAP and its
associated Takeoff Minimums or ODP for an identified airport is listed
on FAA form documents which are incorporated by reference in this
amendment under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR part 97.20.
The applicable FAA forms are FAA Forms 8260-3, 8260-4, 8260-5, 8260-
15A, 8260-15B, and 8260-15C when required by an entry on 8260-15A.
    The large number of SIAPs, Takeoff Minimums and ODPs, their complex
nature, and the need for a special format make publication in the
Federal Register expensive and impractical. Further, airmen do not use
the regulatory text of the SIAPs, Takeoff Minimums or ODPs, but instead
refer to their graphic depiction on charts printed by publishers of
aeronautical materials. Thus, the advantages of incorporation by
reference are realized and publication of the complete description of
each SIAP, Takeoff Minimums and ODP listed on FAA form documents is
unnecessary. This amendment provides the affected CFR sections and
specifies the types of SIAPS, Takeoff Minimums and ODPs with their
applicable effective dates. This amendment also identifies the airport
and its location, the procedure, and the amendment number.

Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as
listed in the ADDRESSES section.
    The material incorporated by reference describes SIAPS, Takeoff
Minimums and/or ODPS as identified in the amendatory language for part
97 of this final rule.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP, Takeoff Minimums and ODP as amended in the
transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments
may have been issued previously by the FAA in a Flight Data Center
(FDC) Notice to Airmen (NOTAM) as an emergency action of immediate
flight safety relating directly to published aeronautical charts.
    The circumstances that created the need for some SIAP and Takeoff
Minimums and ODP amendments may require making them effective in less
than 30 days. For the remaining SIAPs and Takeoff Minimums and ODPs, an
effective date at least 30 days after publication is provided.
    Further, the SIAPs and Takeoff Minimums and ODPs contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these SIAPs and
Takeoff Minimums and ODPs, the TERPS criteria were applied to the
conditions existing or anticipated at the affected airports. Because of
the close and immediate relationship between these SIAPs, Takeoff
Minimums and ODPs, and safety in air commerce, I find that notice and
public procedure under 5 U.S.C. 553(b) are impracticable and contrary
to the public interest and, where applicable, under 5 U.S.C. 553(d),
good cause exists for making some SIAPs effective in less than 30 days.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference,
Navigation (Air).

    Issued in Washington, DC, on October 30, 2020.
Wade Terrell,
Aviation Safety, Manager, Flight Procedures & Airspace Group, Flight
Technologies and Procedures Division.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,
Code of Federal Regulations, Part 97 (14 CFR part 97) is amended by
establishing, amending, suspending, or removing Standard Instrument
Approach Procedures and/or Takeoff Minimums and Obstacle Departure
Procedures effective at 0901 UTC on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40103, 40106, 40113,
40114, 40120, 44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

Effective 3 December 2020

San Diego, CA, Brown Field Muni, RNAV (GPS) RWY 8L, Amdt 1C
Longmont, CO, Vance Brand, Takeoff Minimums and Obstacle DP, Amdt 2
Danbury, CT, KDXR, LOC RWY 8, Amdt 6B
Danbury, CT, KDXR, RNAV (GPS) RWY 8, Orig-A
Mc Rae, GA, KMQW, RNAV (GPS) RWY 21, Amdt 1B
Abingdon, VA, Virginia Highlands, Takeoff Minimums and Obstacle DP,
Amdt 3
Sturgeon Bay, WI, Door County Cherryland, Takeoff Minimums and
Obstacle DP, Amdt 1

Effective 31 December 2020

Atqasuk, AK, Atqasuk Edward Burnell Sr Memorial, RNAV (GPS) RWY 7,
Amdt 2
Atqasuk, AK, Atqasuk Edward Burnell Sr Memorial, RNAV (GPS) RWY 25,
Amdt 2
Atqasuk, AK, Atqasuk Edward Burnell Sr Memorial, Takeoff Minimums
and Obstacle DP, Orig-A
Gulkana, AK, PAGK, VOR RWY 15L, Orig-A
Juneau, AK, Juneau Intl, JUNEAU SIX, Graphic DP
Kiana, AK, Bob Baker Memorial, SELAWIK TWO, Graphic DP
Kiana, AK, Bob Baker Memorial, Takeoff Minimums and Obstacle DP,
Amdt 1
Noorvik, AK, Robert/Bob/Curtis Memorial, RNAV (GPS) RWY 6, Amdt 1
Noorvik, AK, Robert/Bob/Curtis Memorial, RNAV (GPS) RWY 24, Amdt 1
Noorvik, AK, Robert/Bob/Curtis Memorial, Takeoff Minimums and
Obstacle DP, Amdt 1
Muscle Shoals, AL, KMSL, VOR RWY 12, Amdt 6C
Riverside, CA, Riverside Muni, RIVERSIDE TWO, Graphic DP
Riverside, CA, Riverside Muni, Takeoff Minimums and Obstacle DP,
Amdt 12
Punta Gorda, FL, KPGD, RNAV (GPS) RWY 15, Amdt 2
Punta Gorda, FL, KPGD, RNAV (GPS) RWY 33, Amdt 2
Punta Gorda, FL, Punta Gorda, Takeoff Minimums and Obstacle DP, Amdt
4
Lanai City, HI, PHNY, ILS OR LOC RWY 3, Amdt 1B
Lanai City, HI, PHNY, RNAV (GPS) RWY 3, Orig-C
Sioux City, IA, Sioux Gateway/Brig Gen Bud Day Field, RNAV (GPS) RWY
18, Amdt 2
Sioux City, IA, Sioux Gateway/Brig Gen Bud Day Field, RNAV (GPS) RWY
36, Amdt 1
Sioux City, IA, Sioux Gateway/Brig Gen Bud Day Field, Takeoff
Minimums and Obstacle DP, Amdt 4
Decatur, IL, KDEC, ILS OR LOC RWY 6, Amdt 14A

Pinckneyville, IL, KPJY, RNAV (GPS) RWY 18, Amdt 1C
Quincy, IL, KUIN, RNAV (GPS) RWY 4, Orig-A
Quincy, IL, KUIN, RNAV (GPS) RWY 13, Orig-A
Quincy, IL, KUIN, RNAV (GPS) RWY 18, Orig-A
Quincy, IL, KUIN, RNAV (GPS) RWY 22, Orig-A
Quincy, IL, KUIN, RNAV (GPS) RWY 31, Orig-A
Quincy, IL, KUIN, RNAV (GPS) RWY 36, Orig-A
Angola, IN, Tri-State Steuben County, Takeoff Minimums and Obstacle
DP. Amdt 1
Indianapolis, IN, KTYQ, ILS OR LOC RWY 36, Amdt 5D
Elizabethtown, KY, KEKX, RNAV (GPS) RWY 5, Amdt 1
Elizabethtown, KY, KEKX, RNAV (GPS) RWY 23, Orig-B
Elizabethtown, KY, Addington Field, VOR-A, Amdt 3A, CANCELLED
Louisville, KY, KSDF, LOC RWY 29, Amdt 1A
Marion, KY, 5M9, RNAV (GPS) RWY 7, Amdt 2A
Marion, KY, 5M9, RNAV (GPS) RWY 25, Amdt 2A
Frenchville, ME, Northern Aroostook Rgnl, RNAV (GPS) RWY 14, Amdt 1A
Majuro Atoll, MH, PKMJ, NDB RWY 7, Amdt 1B
Majuro Atoll, MH, PKMJ, NDB RWY 25, Amdt 1B
Majuro Atoll, MH, PKMJ, RNAV (GPS) RWY 7, Orig-E
Majuro Atoll, MH, PKMJ, RNAV (GPS) RWY 25, Orig-E
Princeton, MN, KPNM, NDB RWY 15, Amdt 1A, CANCELLED
Princeton, MN, KPNM, RNAV (GPS) RWY 16, Orig-E
Princeton, MN, KPNM, RNAV (GPS) RWY 34, Orig-D
Princeton, MN, Princeton Muni, Takeoff Minimums and Obstacle DP,
Amdt 1A
Gulfport, MS, KGPT, RNAV (GPS) RWY 14, Amdt 2A
Conrad, MT, SO1, RNAV (GPS) RWY 24, Orig-A
New Town, ND, 05D, Takeoff Minimums and Obstacle DP, Orig
Teterboro, NJ, Teterboro, RNAV (GPS) X RWY 19, Orig
Elmira/Corning, NY, KELM, ILS OR LOC RWY 6, Amdt 6
Elmira/Corning, NY, Elmira/Corning Rgnl, ILS OR LOC RWY 24 Amdt 20
Elmira/Corning, NY, KELM, RNAV (GPS) RWY 6, Amdt 3
Elmira/Corning, NY, Elmira/Corning Rgnl, RNAV (GPS) RWY 10, Amdt 2B
Elmira/Corning, NY, Elmira/Corning Rgnl, RNAV (GPS) RWY 28, Amdt 3C
Ithaca, NY, Ithaca Tompkins Rgnl, ILS OR LOC RWY 32, Amdt 7A
Pendleton, OR, KPDT, ILS OR LOC RWY 26, Amdt 25D
Pendleton, OR, KPDT, RNAV (GPS) RWY 26, Orig-F
Philadelphia, PA, KPHL, VOR-A, Amdt 3B
Pottsville, PA, Schuykill County/Joe Zerbey, RNAV (GPS) RWY 11, Amdt
3
Pottsville, PA, Schuykill County/Joe Zerbey, Takeoff Minimums and
Obstacle DP, Amdt 3
Reedsville, PA, KRVL, LOC RWY 6, Amdt 8C
Reedsville, PA, KRVL, RNAV (GPS) RWY 6, Orig-B
Reedsville, PA, KRVL, RNAV (GPS) RWY 24, Orig-C
Denton, TX, Denton Enterprise, Takeoff Minimums and Obstacle DP,
Amdt 4
Blacksburg, VA, KBCB, NDB-A, Amdt 4A, CANCELLED
Petersburg, WV, W99, RNAV (GPS) Y RWY 31, Orig-B
Petersburg, WV, W99, RNAV (GPS) Z RWY 31, Orig-B

[FR Doc. 2020-24987 Filed 11-12-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 116 (Monday, June 17, 2013)]
[Notices]
[Pages 36176-36177]
[FR Doc No: 2013-14277]

=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC13-17-000]

Commission Information Collection Activities (FERC-551); Comment
Request; Extension

AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Notice of information collection and request for comments.

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

SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995, the Federal Energy Regulatory Commission (Commission or
FERC) is soliciting public comment on the currently approved
information collection, Reporting of Flow Volume and Capacity by
Interstate Natural Gas Pipelines. This collection originally affected
both intrastate and interstate natural gas pipelines, but for reasons
described below only pertains to interstate natural gas pipelines.

DATES: Comments on the collection of information are due August 16,
2013.

ADDRESSES: You may submit comments (identified by Docket No. IC13-17-
000) by either of the following methods:
     eFiling at Commission's Web site: http://www.ferc.gov/docs-filing/efiling.asp.
     Mail/Hand Delivery/Courier: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE.,
Washington, DC 20426.
    Instructions: All submissions must be formatted and filed in
accordance with submission guidelines at: http://www.ferc.gov/help/submission-guide.asp. For user assistance contact FERC Online Support
by email at<EMAIL_ADDRESS>or by phone at:<PHONE_NUMBER>
(toll-free), or<PHONE_NUMBER> for TTY.
    Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading comments and
issuances in this docket may do so at http://www.ferc.gov/docs-filing/docs-filing.asp.

FOR FURTHER INFORMATION: Ellen Brown may be reached by email at
<EMAIL_ADDRESS>telephone at<PHONE_NUMBER>, and fax at (202)
273-0873.

SUPPLEMENTARY INFORMATION:
    Title: Reporting of Flow Volume and Capacity by Interstate Natural
Gas Pipelines.
    OMB Control No.: 1902-0243.
    Type of Request: Three-year extension of the FERC-551 information
collection requirements with no changes to the current reporting
requirements except as described below.
    Abstract: Interstate pipelines are required to post on their Web
sites the volumes of no-notice service flows \1\ at each receipt and
delivery point before 11:30 a.m. central clock time three days after
the day of gas flow.
---------------------------------------------------------------------------

    \1\ See 18 CFR 284.7(a)(4) (requiring pipelines to provide no-
notice service).
---------------------------------------------------------------------------

    FERC implemented Order Nos. 720 and 720-A to comply with the Energy
Policy Act of 2005 (``EPAct 2005'') and specifically Section 23 of
EPAct 2005, which amended the NGA to direct FERC to ``facilitate price
transparency in markets for the sale or transportation of physical
natural gas in interstate commerce.'' On October 24, 2011, the United
States Court of Appeals for the Fifth Circuit issued a decision
granting the Texas Pipeline Association and the Railroad Commission's
petition for review and vacating FERC's Order Nos. 720 and 720-A. In
its order, the 5th Circuit held that Order Nos. 720 and 720-A exceeded
the scope of FERC' authority under the Natural Gas Act of 1938 and FERC
could not require intrastate natural gas pipelines to post the
information. However, the court's decision did not disrupt the
reporting and posting obligations of interstate natural gas
pipelines.\2\
---------------------------------------------------------------------------

    \2\ Order Granting Motion to Clarify Opinion, Texas Pipelines
Ass'n v. FERC, 661 F.3d 258 (Dec. 20. 2011).
    \3\ The Commission defines burden as the total time, effort, or
financial resources expended by persons to generate, maintain,
retain, or disclose or provide information to or for a Federal
agency. For further explanation of what is included in the
information collection burden, reference 5 Code of Federal
Regulations 1320.3.
---------------------------------------------------------------------------

    Type of Respondents: Interstate Natural Gas Pipelines.
    Estimate of Annual Burden:\3\ The Commission estimates the total
Public Reporting Burden for this information collection for Interstate
Natural Gas

Pipelines has not changed since the Final Rule on Rehearing was issued
on January 21, 2012 in Docket No. RM08-2-001.\4\

----------------------------------------------------------------------------------------------------------------
                                                                                Estimated
                                                               Number of daily   annual burden     Total annual
                    Number of respondents                        postings per      hours per      hours for all
                                                                  respondent       respondent      respondents
----------------------------------------------------------------------------------------------------------------
101..........................................................               1              183           18,483
----------------------------------------------------------------------------------------------------------------

    The Commission estimates $1,040,038 as the total collection cost
based on 18,483 hours at $56.27/hour \5\ (18,483 hours*$56.27/
hour=1,040,038 (rounded)).
---------------------------------------------------------------------------

    \4\ 18 CFR still lists the posting requirements for intrastate
pipelines at 284.14. The Commission notes that because of the
court's decision, FERC no longer requires intrastate pipelines to
report this information.
    \5\ This figure includes wages plus benefits and comes from the
Bureau of Labor Statistics Management Analyst category (13-1111)
(http://bls.gov/oes/current/naics2_22.htm and http://www.bls.gov/news.release/ecec.nr0.htm).
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    Comments: Comments are invited on: (1) Whether the collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information will have practical
utility; (2) the accuracy of the agency's estimate of the burden and
cost of the collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information collection; and (4) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of automated collection techniques or
other forms of information technology.

    Dated: June 10, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-14277 Filed 6-14-13; 8:45 am]
BILLING CODE 6717-01-P