[Federal Register Volume 77, Number 238 (Tuesday, December 11, 2012)]
[Proposed Rules]
[Pages 73557-73558]
[FR Doc No: 2012-29871]

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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 77, No. 238 / Tuesday, December 11, 2012 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1131; Directorate Identifier 2012-NE-34-AD]
RIN 2120-AA64

Airworthiness Directives; Turbomeca S.A. Turboshaft Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Turbomeca S.A. Arriel 1A1, 1A2, 1B, 1C, 1C1, 1C2, 1D, 1D1, 1E2,
1K1, 1S, and 1S1 turboshaft engines. This proposed AD was prompted by a
finding that the engine's tachometer unit cycle counting feature is
unreliable. This proposed AD would require daily post-flight checks of
the engine tachometer's unit cycle counting feature. This proposed AD
would also require ground-run functional checks within every 1,000
operating hours. This proposed AD was prompted by detailed analysis and
review of the accuracy of the engine's tachometer cycle counting
feature. We are proposing this AD to prevent uncontained engine failure
and damage to the helicopter.

DATES: We must receive comments on this proposed AD by February 11,
2013.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
    For service information identified in this proposed AD, contact
Turbomeca S.A., 40220 Tarnos, France; phone: 33 (0) 5 59 74 40 00;
telex: 570 042; fax: 33 (0) 5 59 74 45 15. You may view this service
information at the FAA, Engine & Propeller Directorate, 12 New England
Executive Park, Burlington, MA. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received and other information. The street
address for the Docket Operations office (phone:<PHONE_NUMBER>) is the
same as the Mail address provided in the ADDRESSES section. Comments
will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Sanjana Murthy, Aerospace Engineer,
Engine Certification Office, FAA, Engine & Propeller Directorate, 12
New England Executive Park, Burlington, MA 01803; phone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2012-1131;
Directorate Identifier 2012-NE-34-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact
with FAA personnel concerning this proposed AD. Using the search
function of the Web site, anyone can find and read the comments in any
of our dockets, including, if provided, the name of the individual who
sent the comment (or signed the comment on behalf of an association,
business, labor union, etc.). You may review the DOT's complete Privacy
Act Statement in the Federal Register published on April 11, 2000 (65
FR 19477-78).

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
AD 2012-0187, dated September 18, 2012 (referred to hereinafter as
``the MCAI''), to correct an unsafe condition for the specified
products. The MCAI states:

    Following detailed analysis and review of in-service feedback
performed by Turbomeca on the Arriel 1 engines, the chapter 05-10
Airworthiness Limitation Section (ALS) of Arriel 1 Maintenance
Manuals has been updated in order to clarify the definition and
update the requirements relative to the cycle counting aid system
(modification introduced in production by Turbomeca modification
TU207 or TU243 and in-service, respectively, by Turbomeca Service
Bulletin (SB) 292 80 0190 or SB 292 80 0168), add associated
maintenance tasks, and modify the Power Turbine (PT) partial cycle
counting method.

The SBs referenced above introduced the tachometer. The tachometer's
cycle counting feature, in some instances, produced results
inconsistent with ground run checks. The inaccurate cycle counting
results of the tachometer can lead to exceeding life limits on critical
rotating parts, which can cause uncontained engine failure. Further
information may be obtained by examining the MCAI in the AD docket.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of France
and is approved for operation in the United States. Pursuant to our
bilateral agreement with the European Community, EASA has notified us
of the unsafe condition described in the MCAI referenced above. We are
proposing this AD because we evaluated all information provided by EASA
and determined the unsafe condition exists and is likely to exist or
develop on other products of the same type design. This proposed AD
would require daily post-flight checks of the engine tachometer's unit
cycle counting feature. This

proposed AD would also require ground-run functional checks within
every 1,000 operating hours.

Costs of Compliance

    We estimate that this proposed AD would affect about 1,420 engines
installed in helicopters of U.S. registry. We also estimate that it
would take about 30 minutes per engine to perform a check of the
engine's tachometer unit cycle counting feature and that an average of
320 checks would be required per year. Based on the average annual
operating hours for an engine, a 1,000 operating hour functional check
would not be required for at least one year. The average labor rate is
$85 per hour. No parts would be required. Based on these figures, we
estimate the average total cost of the proposed AD on U.S. operators to
perform checks of the tachometer cycle counting unit for a year, is
$19,312,000.

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.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Turbomeca S.A.: Docket No. FAA-2012-1131; Directorate Identifier
2012-NE-34-AD.

(a) Comments Due Date

    We must receive comments by February 11, 2013.

(b) Affected Airworthiness Directives (ADs)

    None.

(c) Applicability

    This AD applies to Turbomeca S.A. Arriel 1A1, 1A2, 1B, 1C, 1C1,
1C2, 1D, 1D1, 1E2, 1K1, 1S, and 1S1 turboshaft engines that have
incorporated Modification TU 207 or TU 243, or have incorporated
Turbomeca Service Bulletin (SB) No. 292 80 0168 or SB No. 292 80
0190.

(d) Reason

    This AD was prompted by detailed analysis and review of the
accuracy of the engine's tachometer cycle counting feature. We are
issuing this AD to prevent uncontained engine failure and damage to
the helicopter.

(e) Actions and Compliance

    (1) During the post flight maintenance inspection after the last
flight of each day, compare the cycles counted by the engine's
tachometer unit with the cycles counted by the primary counting
method.
    (2) If the numbers are different, use the primary counting
method thereafter to determine all cycle counts. Do not use the
values from the tachometer unit cycle counting feature.
    (3) If the engine tachometer cycle counting feature remains
accurate, then every 1,000 operating hours, perform a ground-run
functional check of the tachometer unit cycle counting feature. If
the counting feature fails the check, thereafter use only the
primary cycle counting method to count cycles.
    (4) If the tachometer is replaced, follow instructions in
paragraphs (e)(1), (e)(2), and (e)(3) of this AD.

(f) Alternative Methods of Compliance (AMOCs)

    The Manager, Engine Certification Office, may approve AMOCs for
this AD. Use the procedures found in 14 CFR 39.19 to make your
request.

(g) Related Information

    (1) For more information about this AD, contact Sanjana Murthy,
Aerospace Engineer, Engine Certification Office, FAA, Engine &
Propeller Directorate, 12 New England Executive Park, Burlington, MA
01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) Refer to European Aviation Safety Agency AD 2012-0187, dated
September 18, 2012, and Turbomeca S.A. Service Bulletin (SB) No. 292
80 0168 and SB No. 292 80 0190, for related information.
    (3) For service information identified in this AD, contact
Turbomeca S.A., 40220 Tarnos, France; phone: 33 (0) 5 59 74 40 00;
telex: 570 042; fax: 33 (0) 5 59 74 45 15. You may view this service
information at the FAA, Engine & Propeller Directorate, 12 New
England Executive Park, Burlington, MA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

    Issued in Burlington, Massachusetts, on December 3, 2012.
Colleen M. D'Alessandro,
Assistant Manager, Engine & Propeller Directorate, Aircraft
Certification Service.
[FR Doc. 2012-29871 Filed 12-10-12; 8:45 am]
BILLING CODE 4910-13-P


Internal and Deliberative Draft  Do not quote, cite, copy, or distribute August 1, 2003 1 For the reasons set out in the preamble, title 40, chapter I of the Code of Federal Regulations is amended as follows:

PART 51  [ AMENDED]

1. The authority citation for part 51 continues to read as follows:

Authority: 23 U. S. C. 101; 42 U. S. C. 7401 7671q.

Subpart I  [ Amended]

2. Section 51.165 is amended:

a. By revising paragraph ( a)( 1)( v)( C)( 1).

b. By adding paragraphs ( a)( 1)( xliii) through ( xlvi),

and paragraphs ( h) and ( i).

The revision and additions read as follows:

§ 51.165 Permit requirements.

( a) * * *

( 1) * * *

( v) * * *

( C) * * *

( 1) Routine maintenance, repair and replacement.

Routine maintenance, repair and replacement includes, but is not limited to, any activity( s) that meets the requirements of the equipment replacement provisions contained in paragraph ( h) of this section.

* * * * * Internal and Deliberative Draft  Do not quote, cite, copy, or distribute August 1, 2003 2 ( xliii)( A) In general, process unit means any collection of structures and/ or equipment that processes,

assembles, applies, blends, or otherwise uses material inputs to produce or store a product. A single stationary source may contain more than one process unit, and a process unit may contain more than one emissions unit.

( B) Pollution control equipment is not part of the process unit, unless it serves a dual function as both process and control equipment. Administrative and warehousing facilities are not part of the process unit.

( C) For replacement cost purposes, components shared between two or more process units would be proportionately allocated based on capacity.

( D) The following list identifies the process units at specific categories of stationary sources.

( 1) For a steam electric generating facility, the process unit would consist of those portions of the plant that contribute directly to the production of electricity.

For example, at a pulverized coal fired facility, the process unit would generally be the combination of those systems from the coal receiving equipment through the emission stack ( excluding post combustion pollution controls), including the coal handling equipment, Internal and Deliberative Draft  Do not quote, cite, copy, or distribute August 1, 2003 3 pulverizers or coal crushers, feedwater heaters, ash handling, boiler, burners, turbine generator set, air preheaters, and operating control systems; whereas cooling towers, transformers, and downstream electrical equipment would not be included in the steam electric generating facility process unit. Each separate generating unit would be considered a separate process unit.

( 2) For a petroleum refinery, there are several categories of process units: those that separate and distill petroleum feedstocks; those that change molecular structures; petroleum treating processes; auxiliary facilities, such as boilers and hydrogen production units;

and those that load, unload, blend or store products.

( 3) For a cement plant, the process unit would generally consist of the kiln and equipment that supports it, including all components that process or store raw materials, preheaters, and components that process or store products from the kilns, and associated emission stacks.

( 4) For a pulp and paper mill, there are several types of process units. One is the system that processes wood products, another is the digester and its associated heat exchanger, blow tank, pulp filter, accumulator, and oxidation tower. A third is the chemical recovery system, Internal and Deliberative Draft  Do not quote, cite, copy, or distribute August 1, 2003 4 which includes the recovery furnace, evaporators, lime kiln,

storage vessels, and associated oxidation processes feeding regenerated chemicals to the digester. A fourth is the power boiler.

( 5) For an incinerator, the process unit would consist of components from the feed pit or refuse pit to the stack,

including conveyors, combustion devices, heat exchangers and steam generators, quench tanks, and fans.

( xliv) Functionally equivalent replacement means a part that serves the same function as an original part of a process unit.

( xlv) Fixed capital cost means the capital needed to provide all the depreciable components. " Depreciable components" refers to all components of fixed capital cost and is calculated by subtracting land and working capital from the total capital investment, as defined in paragraph ( a)( 1)( xlvi) of this section.

( xlvi) Total capital investment means the sum of the following: all costs required to purchase needed process equipment ( purchased equipment costs); the costs of labor and materials for installing that equipment ( direct installation costs); the costs of site preparation and buildings; other costs such as engineering, construction and Internal and Deliberative Draft  Do not quote, cite, copy, or distribute August 1, 2003 5 field expenses, fees to contractors, startup and performance tests, and contingencies ( indirect installation costs); land for the process equipment; and working capital for the process equipment.

* * * * *

( h) Equipment Replacement Provision. Routine maintenance, repair and replacement includes, but is not limited to, the replacement of any part of a process unit with an identical or functionally equivalent part( s), and maintenance or repair activity( s) if it is associated with the replacement of a part( s), provided that all of the requirements in paragraphs ( h)( 1) through ( 4) are met.

Repair and maintenance activities are associated with the replacement of a part of the process unit if it is conducted concurrently with the replacement.

( 1) Capital Cost threshold for Equipment Replacement ( i) For an electric utility steam generating unit, as defined in 51.165( a)( 1)( xx), the fixed capital cost of the replacement part( s) plus the cost of any associated maintenance and repair activities shall not exceed 20 percent of the replacement value of the process unit.

( ii) For a process unit that is not an electric unit steam generating unit the fixed capital cost of the Internal and Deliberative Draft  Do not quote, cite, copy, or distribute August 1, 2003 6 replacement part( s) plus the cost of any associated maintenance and repair activities shall not exceed 20 percent of the replacement value of the process unit.

( iii) The replacement value shall be determined at the time the owner or operator commences the replacement activity; and, except as otherwise allowed under paragraph ( h)( 1)( iv) of this section, the replacement value of the process unit shall be based on an estimate of the fixed capital cost of constructing a new process unit, or on the current appraised value of the process unit.

( iv) An owner or operator may choose to use insurance value where the insurance value covers only complete replacement, investment value adjusted for inflation, or another accounting procedure to establish a replacement value of the process unit if such accounting procedure is based on generally acceptable accounting practices, provided that the owner or operator sends a notice to the reviewing authority that such method is being used and continues to use the same procedure for estimating the replacement value of that process unit for the entire fiscal year. If the owner or operator fails to submit a notice to the reviewing authority, then paragraph ( h)( 1)( iii) will be used to establish the replacement value of the process unit. Internal and Deliberative Draft  Do not quote, cite, copy, or distribute August 1, 2003 7 ( 2) Basic Design Parameters. The replacement shall not change the basic design parameters of the process unit.

( i) Except as provided in paragraphs ( h)( 3)( iii), the basic design parameters for an electric utility steam generating units are maximum hourly heat input, and one of the following: maximum hourly electric output rate,

maximum steam flow rate, or maximum fuel consumption rate.

When establishing fuel consumption specifications, the minimum fuel quality based on British Thermal Units content shall be used for determining the basic design parameters for a coal fired electric utility steam generating unit.

( ii) Except as provided in paragraphs ( h)( 3)( iii), the basic design parameters for any process unit that is not an electric utility steam generating unit are maximum rate of fuel, or maximum rate of material input or output.

( iii) If the basic design parameters in paragraphs ( h)( 3)( i) and ( ii) of this section are not appropriate for a specific industry or type of process unit, the owner or operator may request that the reviewing authority establish alternative basic design parameters for the source's process unit( s). If the reviewing authority approves of the use of an alternative basic design parameter, the reviewing authority shall issue a federally enforceable permit that Internal and Deliberative Draft  Do not quote, cite, copy, or distribute August 1, 2003 8 records such basic design parameter( s) and requires the owner or operator to comply with such parameter( s).

( iv) The basic design parameters specified in paragraphs ( h)( 3)( i) and ( ii) shall be established using credible information, such as results of historic maximum capability tests, operating design information from the manufacturer, or engineering calculations.

( v) If design information is not available for a process unit, then the owner or operator shall determine the process unit's basic design parameters using the maximum value achieved by the process unit in the five year period immediately preceding the planned activity.

( vi) Efficiency of a process unit is not a basic design parameter.

( 3) The replacement activity shall not cause the process unit to exceed any emission limitation, operational limitation ( that has the effect of constraining emissions),

or work practice requirement ( that has the effect of constraining emissions) that applies to any part of the process unit and that is enforceable as a practical matter. Internal and Deliberative Draft  Do not quote, cite, copy, or distribute August 1, 2003 9 3. Section 51.166 is amended:

a. By revising paragraph ( b)( 2)( iii)( a).

b. By adding paragraphs ( b)( 53) through ( 56), and paragraphs ( y) and ( z).

The revision and additions read as follows:

§ 51.166 Prevention of significant deterioration of air quality.

( b) * * *

( 2) * * *

( iii) * * *

( a) Routine maintenance, repair and replacement.

Routine maintenance, repair and replacement includes, but is not limited to, any activity( s) that meets the requirements of the equipment replacement provisions contained in paragraph ( y) of this section.

* * * * *

( 53)( i) In general, process unit means any collection of structures and/ or equipment that processes, assembles,

applies, blends, or otherwise uses material inputs to produce or store a product. A single stationary source may contain more than one process unit, and a process unit may contain more than one emissions unit.

( ii) Pollution control equipment is not part of the Internal and Deliberative Draft  Do not quote, cite, copy, or distribute August 1, 2003 10 process unit, unless it serves a dual function as both process and control equipment. Administrative and warehousing facilities are not part of the process unit.

( iii) For replacement cost purposes, components shared between two or more process units would be proportionately allocated based on capacity.

( iv) The following list identifies the process units at specific categories of stationary sources.

( a) For a steam electric generating facility, the process unit would consist of those portions of the plant that contribute directly to the production of electricity.

For example, at a pulverized coal fired facility, the process unit would generally be the combination of those systems from the coal receiving equipment through the emission stack ( excluding post combustion pollution controls), including the coal handling equipment,

pulverizers or coal crushers, feedwater heaters, ash handling, boiler, burners, turbine generator set, air preheaters, and operating control systems; whereas cooling towers, transformers, and downstream electrical equipment would not be included in the steam electric generating facility process unit. Each separate generating unit would be considered a separate process unit. Components shared Internal and Deliberative Draft  Do not quote, cite, copy, or distribute August 1, 2003 11 between two or more process units would be proportionately allocated based on capacity.

( b) For a petroleum refinery, there are several categories of process units: those that separate and distill petroleum feedstocks; those that change molecular structures; petroleum treating processes; auxiliary facilities, such as boilers and hydrogen production units;

and those that load, unload, blend or store products.

( c) For a cement plant, the process unit would generally consist of the kiln and equipment that supports it, including all components that process or store raw materials, preheaters, and components that process or store products from the kilns, and associated emission stacks.

( d) For a pulp and paper mill, there are several types of process units. One is the system that processes wood products, another is the digester and its associated heat exchanger, blow tank, pulp filter, accumulator, and oxidation tower. A third is the chemical recovery system,

which includes the recovery furnace, evaporators, lime kiln,

storage vessels, and associated oxidation processes feeding regenerated chemicals to the digester. A fourth is the power boiler.

( e) For an incinerator, the process unit would consist Internal and Deliberative Draft  Do not quote, cite, copy, or distribute August 1, 2003 12 of components from the feed pit or refuse pit to the stack,

including conveyors, combustion devices, heat exchangers and steam generators, quench tanks, and fans.

( 54) Functionally equivalent replacement means a part that serves the same function as an original part of a process unit.

( 55) Fixed capital cost means the capital needed to provide all the depreciable components. " Depreciable components" refers to all components of fixed capital cost and is calculated by subtracting land and working capital from the total capital investment, as defined in paragraph ( b)( 56) of this section.

( 56) Total capital investment means the sum of the following: all costs required to purchase needed process equipment ( purchased equipment costs); the costs of labor and materials for installing that equipment ( direct installation costs); the costs of site preparation and buildings; other costs such as engineering, construction and field expenses, fees to contractors, startup and performance tests, and contingencies ( indirect installation costs); land for the process equipment; and working capital for the process equipment.

* * * * * Internal and Deliberative Draft  Do not quote, cite, copy, or distribute August 1, 2003 13 ( y) Equipment Replacement Provision. Routine maintenance, repair and replacement includes, but is not limited to, the replacement of any part of a process unit with an identical or functionally equivalent part( s), and maintenance or repair activity( s) if it is associated with the replacement of a part( s), provided that all of the requirements in paragraphs ( y)( 1) through ( 4) are met.

Repair and maintenance activities are associated with the replacement of a part of the process unit if it is conducted concurrently with the replacement.

( 1) Capital Cost threshold for Equipment Replacement ( i) For an electric utility steam generating unit, as defined in 51.166( b)( 30), the fixed capital cost of the replacement part( s) plus the cost of any associated maintenance and repair activities shall not exceed 20 percent of the replacement value of the process unit.

( ii) For a process unit that is not an electric unit steam generating unit the fixed capital cost of the replacement part( s) plus the cost of any associated maintenance and repair activities shall not exceed 20 percent of the replacement value of the process unit.

( iii) The replacement value shall be determined at the time the owner or operator commences the replacement Internal and Deliberative Draft  Do not quote, cite, copy, or distribute August 1, 2003 14 activity; and, except as otherwise allowed under paragraph ( y)( 1)( iv) of this section, the replacement value of the process unit shall be based on an estimate of the fixed capital cost of constructing a new process unit, or on the current appraised value of the process unit.

( iv) An owner or operator may choose to use insurance value where the insurance value covers only complete replacement, investment value adjusted for inflation, or another accounting procedure to establish a replacement value of the process unit if such accounting procedure is based on generally acceptable accounting practices, provided that the owner or operator sends a notice to the reviewing authority that such method is being used and continues to use the same procedure for estimating the replacement value of that process unit for the entire fiscal year. If the owner or operator fails to submit a notice to the reviewing authority, then paragraph ( y)( 1)( iii) will be used to establish the replacement value of the process unit.

( 2) Basic Design Parameters. The replacement shall not change the basic design parameters of the process unit.

( i) Except as provided in paragraphs ( y)( 3)( iii), the basic design parameters for an electric utility steam generating units are maximum hourly heat input, and one of Internal and Deliberative Draft  Do not quote, cite, copy, or distribute August 1, 2003 15 the following: maximum hourly electric output rate,

maximum steam flow rate, or maximum fuel consumption rate.

When establishing fuel consumption specifications, the minimum fuel quality based on British Thermal Units content shall be used for determining the basic design parameters for a coal fired electric utility steam generating unit.

( ii) Except as provided in paragraphs ( y)( 3)( iii), the basic design parameters for any process unit that is not an electric utility steam generating unit are maximum rate of fuel, or maximum rate of material input or output.

( iii) If the basic design parameters in paragraphs ( y)( 3)( i) and ( ii) of this section are not appropriate for a specific industry or type of process unit, the owner or operator may request that the reviewing authority establish alternative basic design parameters for the source's process unit( s). If the reviewing authority approves of the use of an alternative basic design parameter, the reviewing authority shall issue a federally enforceable permit that records such basic design parameter( s) and requires the owner or operator to comply with such parameter( s).

( iv) The basic design parameters specified in paragraphs ( y)( 3)( i) and ( ii) shall be established using credible information, such as results of historic maximum Internal and Deliberative Draft  Do not quote, cite, copy, or distribute August 1, 2003 16 capability tests, operating design information from the manufacturer, or engineering calculations.

( v) If design information is not available for a process unit, then the owner or operator shall determine the process unit's basic design parameters using the maximum value achieved by the process unit in the five year period immediately preceding the planned activity.

( vi) Efficiency of a process unit is not a basic design parameter.

( 3) The replacement activity shall not cause the process unit to exceed any emission limitation, operational limitation ( that has the effect of constraining emissions),

or work practice requirement ( that has the effect of constraining emissions) that applies to any part of the process unit and that is enforceable as a practical matter. Internal and Deliberative Draft  Do not quote, cite, copy, or distribute August 1, 2003 17 PART 52  [ Amended]

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

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

Subpart A  [ Amended]

2. Section 52.21 is amended:

a. By revising paragraph ( b)( 2)( iii)( a).

b. By adding paragraphs ( b)( 55) through ( 58), and paragraphs ( cc) and ( dd).

The revision and additions read as follows:

§ 52.21 Prevention of significant deterioration of air quality.

( b) * * *

( 2) * * *

( iii) * * *

( a) Routine maintenance, repair and replacement.

Routine maintenance, repair and replacement includes, but is not limited to, any activity( s) that meets the requirements of the equipment replacement provisions contained in paragraph ( cc) of this section.

* * * * *

( 55)( i) In general, process unit means any collection of structures and/ or equipment that processes, assembles, Internal and Deliberative Draft  Do not quote, cite, copy, or distribute August 1, 2003 18 applies, blends, or otherwise uses material inputs to produce or store a product. A single stationary source may contain more than one process unit, and a process unit may contain more than one emissions unit.

( ii) Pollution control equipment is not part of the process unit, unless it serves a dual function as both process and control equipment. Administrative and warehousing facilities are not part of the process unit.

( iii) For replacement cost purposes, components shared between two or more process units would be proportionately allocated based on capacity.

( iv) The following list identifies the process units at specific categories of stationary sources.

( a) For a steam electric generating facility, the process unit would consist of those portions of the plant that contribute directly to the production of electricity.

For example, at a pulverized coal fired facility, the process unit would generally be the combination of those systems from the coal receiving equipment through the emission stack ( excluding post combustion pollution controls), including the coal handling equipment,

pulverizers or coal crushers, feedwater heaters, ash handling, boiler, burners, turbine generator set, air Internal and Deliberative Draft  Do not quote, cite, copy, or distribute August 1, 2003 19 preheaters, and operating control systems; whereas cooling towers, transformers, and downstream electrical equipment would not be included in the steam electric generating facility process unit. Each separate generating unit would be considered a separate process unit. Components shared between two or more process units would be proportionately allocated based on capacity.

( b) For a petroleum refinery, there are several categories of process units: those that separate and distill petroleum feedstocks; those that change molecular structures; petroleum treating processes; auxiliary facilities, such as boilers and hydrogen production units;

and those that load, unload, blend or store products.

( c) For a cement plant, the process unit would generally consist of the kiln and equipment that supports it, including all components that process or store raw materials, preheaters, and components that process or store products from the kilns, and associated emission stacks.

( d) For a pulp and paper mill, there are several types of process units. One is the system that processes wood products, another is the digester and its associated heat exchanger, blow tank, pulp filter, accumulator, and oxidation tower. A third is the chemical recovery system, Internal and Deliberative Draft  Do not quote, cite, copy, or distribute August 1, 2003 20 which includes the recovery furnace, evaporators, lime kiln,

storage vessels, and associated oxidation processes feeding regenerated chemicals to the digester. A fourth is the power boiler.

( e) For an incinerator, the process unit would consist of components from the feed pit or refuse pit to the stack,

including conveyors, combustion devices, heat exchangers and steam generators, quench tanks, and fans.

( 56) Functionally equivalent replacement means a part that serves the same function as an original part of a process unit.

( 57) Fixed capital cost means the capital needed to provide all the depreciable components. " Depreciable components" refers to all components of fixed capital cost and is calculated by subtracting land and working capital from the total capital investment, as defined in paragraph ( b)( 58) of this section.

( 58) Total capital investment means the sum of the following: all costs required to purchase needed process equipment ( purchased equipment costs); the costs of labor and materials for installing that equipment ( direct installation costs); the costs of site preparation and buildings; other costs such as engineering, construction and Internal and Deliberative Draft  Do not quote, cite, copy, or distribute August 1, 2003 21 field expenses, fees to contractors, startup and performance tests, and contingencies ( indirect installation costs); land for the process equipment; and working capital for the process equipment.

* * * * *

( cc) Equipment Replacement Provision. Routine maintenance, repair and replacement includes, but is not limited to, the replacement of any part of a process unit with an identical or functionally equivalent part( s), and maintenance or repair activity( s) if it is associated with the replacement of a part( s), provided that all of the requirements in paragraphs ( cc)( 1) through ( 4) are met.

Repair and maintenance activities are associated with the replacement of a part of the process unit if it is conducted concurrently with the replacement.

( 1) Capital Cost threshold for Equipment Replacement ( i) For an electric utility steam generating unit, as defined in 52.21( b)( 31), the fixed capital cost of the replacement part( s) plus the cost of any associated maintenance and repair activities shall not exceed 20 percent of the replacement value of the process unit.

( ii) For a process unit that is not an electric unit steam generating unit the fixed capital cost of the Internal and Deliberative Draft  Do not quote, cite, copy, or distribute August 1, 2003 22 replacement part( s) plus the cost of any associated maintenance and repair activities shall not exceed 20 percent of the replacement value of the process unit.

( iii) The replacement value shall be determined at the time the owner or operator commences the replacement activity; and, except as otherwise allowed under paragraph ( cc)( 1)( iv) of this section, the replacement value of the process unit shall be based on an estimate of the fixed capital cost of constructing a new process unit, or on the current appraised value of the process unit.

( iv) An owner or operator may choose to use insurance value where the insurance value covers only complete replacement, investment value adjusted for inflation, or another accounting procedure to establish a replacement value of the process unit if such accounting procedure is based on generally acceptable accounting practices, provided that the owner or operator sends a notice to the reviewing authority that such method is being used and continues to use the same procedure for estimating the replacement value of that process unit for the entire fiscal year. If the owner or operator fails to submit a notice to the reviewing authority, then paragraph ( cc)( 1)( iii) will be used to establish the replacement value of the process unit. Internal and Deliberative Draft  Do not quote, cite, copy, or distribute August 1, 2003 23 ( 2) Basic Design Parameters. The replacement shall not change the basic design parameters of the process unit.

( i) Except as provided in paragraphs ( cc)( 3)( iii), the basic design parameters for an electric utility steam generating units are maximum hourly heat input, and one of the following: maximum hourly electric output rate,

maximum steam flow rate, or maximum fuel consumption rate.

When establishing fuel consumption specifications, the minimum fuel quality based on British Thermal Units content shall be used for determining the basic design parameters for a coal fired electric utility steam generating unit.

( ii) Except as provided in paragraphs ( cc)( 3)( iii),

the basic design parameters for any process unit that is not an electric utility steam generating unit are maximum rate of fuel, or maximum rate of material input or output.

( iii) If the basic design parameters in paragraphs ( cc)( 3)( i) and ( ii) of this section are not appropriate for a specific industry or type of process unit, the owner or operator may request that the reviewing authority establish alternative basic design parameters for the source's process unit( s). If the reviewing authority approves of the use of an alternative basic design parameter, the reviewing authority shall issue a federally enforceable permit ( for Internal and Deliberative Draft  Do not quote, cite, copy, or distribute August 1, 2003 24 52.21 specify that we will issue the parameters in an NSR permit) that records such basic design parameter( s) and requires the owner or operator to comply with such parameter( s).

( iv) The basic design parameters specified in paragraphs ( cc)( 3)( i) and ( ii) shall be established using credible information, such as results of historic maximum capability tests, operating design information from the manufacturer, or engineering calculations.

( v) If design information is not available for a process unit, then the owner or operator shall determine the process unit's basic design parameters using the maximum value achieved by the process unit in the five year period immediately preceding the planned activity.

( vi) Efficiency of a process unit is not a basic design parameter.

( 3) The replacement activity shall not cause the process unit to exceed any emission limitation, operational limitation ( that has the effect of constraining emissions),

or work practice requirement ( that has the effect of constraining emissions) that applies to any part of the process unit and that is enforceable as a practical matter.


Comply according to date in subpart, which must be no later than 3 years after effective date; for section 112(f) standards, comply within 90 days of effective date unless compliance extension
Yes.
§63.6(c)(3)-(4)
[Reserved]

§63.6(c)(5)
Compliance Dates for Existing Area Sources That Become Major
Area sources that become major must comply with major source standards by date indicated in subpart or by equivalent time period (for example, 3 years)
Yes.
§63.6(d)
[Reserved]

§63.6(e)(1)-(2)
Operation & Maintenance
Operate to minimize emissions at all times; correct malfunctions as soon as practicable; requirements independently enforceable; information Administrator will use to determine if operation and maintenance requirements were met;
see § 63.9792(b) for general duty requirement.
Yes before [date 181 days after date of publication of final rule in the Federal Register]
No on and after [date 181 days after date of publication of final rule in the Federal Register].

§63.6(e)(3)
Startup, Shutdown, and Malfunction Plan (SSMP) requirements

Yes before [date 181 days after date of publication of final rule in the Federal Register]
No on and after [date 181 days after date of publication of final rule in the Federal Register].
§63.6(f)(1)
Compliance Except During SSM
You must comply with emission standards at all times except during SSM
No.
§63.6(f)(2)-(3)
Methods for Determining Compliance
Compliance based on performance test, operation and maintenance plans, records, inspection
Yes.
§63.6(g)(1)-(3)
Alternative Standard
Procedures for getting an alternative standard.
Yes.
§63.6(h)(1)-(9)
Opacity/Visible Emission (VE) Standards

Not applicable.
§63.6(i)(1)-(14)
Compliance Extension
Procedures and criteria for Administrator to grant compliance extension
Yes.
§63.6(j)
Presidential Compliance Exemption
President may exempt source category
Yes.
§63.7(a)(1)-(2)
Performance Test Dates
Dates for conducting initial performance testing and other compliance demonstrations; must conduct 180 days after first subject to rule
Yes.
§63.7(a)(3)
Section 114 Authority
Administrator may require a performance test under CAA section 114 at any time
Yes.
§63.7(b)(1)
Notification of Performance Test
Must notify Administrator 60 days before the test
Yes.
§63.7(b)(2)
Notification of Rescheduling
Must notify Administrator 5 days before scheduled date and provide rescheduled date
Yes.
§63.7(c)
Quality Assurance/Test Plan
Requirements; test plan approval procedures; performance audit requirements; internal and external QA procedures for testing
Yes.
§63.7(d)
Testing Facilities

Yes.
§63.7(e)(1)
Conditions for Conducting Performance Tests
See §63.9800.
No, §63.9800 specifies requirements.
§63.7(e)(2)
Conditions for Conducting Performance Tests
Must conduct according to subpart and EPA test methods unless Administrator approves alternative
Yes.
§63.7(e)(3)
Test Run Duration
Must have three test runs of at least 1 hour each; compliance is based on arithmetic mean of three runs; conditions when data from an additional test run can be used
Yes; Yes, except where specified in §63.9800 for batch process sources; Yes.
§63.7(f)
Alternative Test Method

Yes.
§63.7(g)
Performance Test Data Analysis

Yes, except this subpart specifies how and when the performance test and performance evaluation results are reported.
§63.7(h)
Waiver of Test

Yes.
§63.8(a)(1)
Applicability of Monitoring Requirements

Yes.
§63.8(a)(2)
Performance Specifications
Performance Specifications in appendix B of 40 CFR part 60 apply
Yes.
§63.8(a)(3)
[Reserved]

§63.8(a)(4)
Monitoring with Flares

Not applicable.
§63.8(b)(1)
Monitoring
Must conduct monitoring according to standard unless Administrator approves alternative
Yes.
§63.8(b)(2)-(3)
Multiple Effluents and Multiple Monitoring Systems
Specific requirements for installing and reporting on monitoring systems
Yes.
§63.8(c)(1)
Continuous Monitoring System Operation and Maintenance
Maintenance consistent with good air pollution control practices
Yes before [date 181 days after date of publication of final rule in the Federal Register]
No on and after [date 181 days after date of publication of final rule in the Federal Register].

§63.8(c)(2)-(3)
Monitoring System Installation
Must install to get representative emission and parameter measurements
Yes.
§63.8(c)(4)
CMS Requirements

No, §63.9808 specifies requirements.
§63.8(c)(5)
COMS Minimum Procedures

Not applicable.
§63.8(c)(6)
CMS Requirements

Applies only to sources required to install and operate a THC CEMS.
§63.8(c)(7)(i)(A)
CMS Requirements

Applies only to sources required to install and operate a THC CEMS.
§63.8(c)(7)(i)(B)
CMS Requirements

Applies only to sources required to install and operate a THC CEMS.
§63.8(c)(7)(i)(C)
CMS Requirements

Not applicable.
§63.8(c)(7)(ii)
CMS Requirements
Corrective action required when CMS is out of control
Yes.
§63.8(c)(8)
CMS Requirements

Yes.
§63.8(d)(1) and (2)
CMS Quality Control

Yes.
§63.8(d)(3)
Written procedures for CMS

No, §63.9794(a)(8) specifies requirements.
§63.8(e)
CMS Performance Evaluation

Applies only to sources required to install and operate a THC CEMS, except this subpart specifies how and when the performance evaluation results are reported.
§63.8(f)(1)-(5)
Alternative Monitoring Method

Yes.
§63.8(f)(6)
Alternative to Relative Accuracy Test

Yes.
§63.8(g)
Data Reduction

Applies only to sources required to install and operate a THC CEMS.
§63.9(a)
Notification Requirements

Yes.
§63.9(b)(1)-(5)
Initial Notifications

Yes.
§63.9(c)
Request for Compliance Extension

Yes.
§63.9(d)
Notification of Special Compliance Requirements for New Source

Yes.
§63.9(e)
Notification of Performance Test
Notify Administrator 60 days prior
Yes.
§63.9(f)
Notification of VE/Opacity Test

Not applicable.
§63.9(g)
Additional Notifications When Using CMS

Applies only to sources required to install and operate a THC CEMS.
§63.9(h)
Notification of Compliance Status

Yes.
§63.9(i)
Adjustment of Submittal Deadlines

Yes.
§63.9(j)
Change in Previous Information

Yes.
§63.9(k)
Notifications
Electronic reporting procedures
Yes, only as specified in §63.9(j)
§63.10(a)
Recordkeeping/Reporting

Yes.
§63.10(b)(1)
General Recordkeeping Requirements

Yes.
§63.10(b)(2)(i)-(ii)
Recordkeeping of Occurrence and Duration of Startups and Shutdowns and Failures to Meet Standards
See §63.9816
Yes before [date 181 days after date of publication of final rule in the Federal Register]
No on and after [date 181 days after date of publication of final rule in the Federal Register].
§63.10(b)(2)(iii)
Recordkeeping Relevant to Maintenance of Air Pollution Control and Monitoring Equipment

Yes.
§63.10(b)(2)(iv)-(v)
Actions Taken to Minimize Emissions during SSM

Yes before [date 181 days after date of publication of final rule in the Federal Register].
No on and after [date 181 days after date of publication of final rule in the Federal Register].
§63.10(b)(2)(vi)
Recordkeeping for CMS Malfunctions
See §63.9816(c)(5).
Yes before [date 181 days after date of publication of final rule in the Federal Register].
No on and after [date 181 days after date of publication of final rule in the Federal Register].
§63.10(b)(2)(vii)-(xi)
Records
Measurements to demonstrate compliance with emission limitations; performance test, performance evaluation, and visible emission observation results; measurements to determine conditions of performance tests and performance evaluations
Yes.
§63.10(b)(2)(xii)
Records
Records when under waiver
Yes.
§63.10(b)(2)(xiii)
Records
Records when using alternative to relative accuracy test
Not applicable.
§63.10(b)(2)(xiv)
Records
All documentation supporting Initial Notification and Notification of Compliance Status
Yes.
§63.10(b)(3)
Records
Applicability Determinations
Yes.
§63.10(c)(1), (c)(5)-(6)
Additional Records for CMS

Yes.
§63.10(c)(2)-(4)
Records
Additional Records for CMS
Not applicable
§63.10(c)(7)-(8)
Records of excess emissions and parameter monitoring exceedances for CMS
§63.9816 specifies requirements.
No.
§63.10(c)(9)
Records
Additional Records for CMS
Not applicable
§63.10(c)(10)-(14)
Additional Records for CMS

Yes.
§63.10(c)(15)
Records Regarding the SSM Plan.

Yes before [date 181 days after date of publication of final rule in the Federal Register].
No on and after [date 181 days after date of publication of final rule in the Federal Register].
§63.10(d)(1)
General Reporting Requirements
Requirements for reporting
Yes.
§63.10(d)(2)
Report of Performance Test Results
When to submit to Federal or State authority
No. This subpart specifies how and when the performance test results are reported.
§63.10(d)(3)
Reporting Opacity or VE Observations

Not applicable.
§63.10(d)(4)
Progress Reports
Must submit progress reports on schedule if under compliance extension
Yes.
§63.10(d)(5)
Startup, Shutdown, and Malfunction Reports
Contents and submission
See §63.9814 (d) and (e) for malfunction reporting requirements.
Yes before [date 181 days after date of publication of final rule in the Federal Register]
No on and after [date 181 days after date of publication of final rule in the Federal Register].
§63.10(e)(1)-(2)
Additional CMS Reports

Applies only to sources required to install and operate a THC CEMS, except this subpart specifies how and when the performance evaluation results are reported.
§63.10(e)(3)
Reports

No, §63.9814 specifies requirements.
§63.10(e)(4)
Reporting COMS data

Not applicable.
§63.10(f)
Waiver for Recordkeeping/Reporting

Yes.
§63.11
Flares

Not applicable.
§63.12
Delegation

Yes.
§63.13
Addresses

Yes.
§63.14
Incorporation by Reference

Yes.
§63.15
Availability of Information and Confidentiality

Yes.
§63.16
Performance Track Provisions

Yes.


[Federal Register Volume 77, Number 237 (Monday, December 10, 2012)]
[Notices]
[Page 73488]
[FR Doc No: 2012-29654]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4086-DR; Docket ID FEMA-2011-0001]

New Jersey; Amendment No. 5 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster for the
State of New Jersey (FEMA-4086-DR), dated October 30, 2012, and related
determinations.

DATES: Effective Date: November 9, 2012.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, on November 9,
2012, the President amended the cost-sharing arrangements regarding
Federal funds provided under the authority of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq.
(the ``Stafford Act''), as follows:

    I authorize continuation until 11:59 p.m. on Wednesday, November
14, 2012, of the 100% Federal cost share for emergency power
restoration assistance and emergency public transportation
assistance (including emergency protective measures to secure public
transportation infrastructure), including direct Federal assistance,
for those areas within counties designated for Public Assistance.
    This adjustment to State and local cost sharing applies only to
Public Assistance costs for emergency power restoration assistance
and emergency public transportation assistance, including direct
Federal assistance. All other Public Assistance costs will continue
to be reimbursed at 75 percent of total eligible costs. The law
specifically prohibits a similar adjustment for funds provided to
States for Other Needs Assistance (Section 408) and the Hazard
Mitigation Grant Program (Section 404). These funds will continue to
be reimbursed at 75 percent of total eligible costs.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households in
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2012-29654 Filed 12-7-12; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 87, Number 84 (Monday, May 2, 2022)]
[Notices]
[Pages 25698-25700]
[FR Doc No: 2022-09348]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket Number NHTSA-2022-0020]

Agency Information Collection Activities; Notice and Request for
Comment; Labeling of Motor Vehicle Brake Fluid Containers

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Notice and request for comments on a reinstatement of a
previously approved collection of information.

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

SUMMARY: The National Highway Traffic Safety Administration (NHTSA)
invites public comments about its intention to request approval by the
Office of Management and Budget (OMB) to reinstate a previously
approved information collection. Before a Federal agency can collect
certain information from the public, it must receive approval from OMB.
Under procedures established by the Paperwork Reduction Act of 1995,
before seeking OMB approval, Federal agencies must solicit public
comment on proposed collections of information, including extensions
and reinstatements of previously approved collections. This document
describes a collection of information for which NHTSA intends to seek
OMB approval on labeling of motor vehicle brake fluid containers.

DATES: Written comments must be submitted by July 1, 2022.

ADDRESSES: You may submit comments identified by Docket No. NHTSA-2022-
0020 through any of the following methods:
     Electronic submissions: Go to the Federal eRulemaking
Portal at http://www.regulations.gov. Follow the online instructions
for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail or Hand Delivery: Docket Management Facility, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, West Building,
Room W12-140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday
through Friday, except on Federal holidays. To be sure someone is there
to help you, please call<PHONE_NUMBER> before coming.
    Instructions: All submissions must include the agency name and
docket number for this notice. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading
below.
    Privacy Act: Anyone is able to search the electronic form of all
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 (65 FR 19477-78) or you may visit https://www.transportation.gov/privacy.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov or the street
address listed above. Follow the online instructions for accessing the
dockets via internet.

FOR FURTHER INFORMATION CONTACT: For additional information or access
to background documents, contact Joshua Fikentscher, Office of Crash
Avoidance Standards, Vehicle Dynamics Division (NRM-220), (202) 366-
1688, Room W43-467, U.S. Department of Transportation, 1200 New Jersey
Avenue SE, Washington, DC 20590. Please identify the relevant
collection of information by referring to its OMB Control Number.

SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.), before an agency submits a proposed
collection of information to OMB for approval, it must first publish a
document in the Federal Register providing a 60-day comment period and
otherwise consult with members of the public and affected agencies
concerning each proposed collection of information. The OMB has
promulgated regulations describing what must be included in such a
document. Under OMB's regulation (at 5 CFR 1320.8(d)), an agency must
ask for public comment on the following: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden of the proposed collection of information, including the
validity of the methodology and assumptions used; (c) how to enhance
the quality, utility, and clarity of the information to be collected;
and (d) how to minimize the burden of the collection of information on
those who are to respond, including the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g. permitting electronic
submission of responses. In compliance with these requirements, NHTSA
asks for public comments on the following proposed collection of
information for which the agency is seeking approval from OMB.
    Title: Labeling of Motor Vehicle Brake Fluid Containers in 49 CFR
571.116.
    OMB Control Number: 2127-0521.
    Form Number(s): N/A.
    Type of Request: Reinstatement of a previously approved collection
of information.
    Type of Review Requested: Regular.
    Requested Expiration Date of Approval: 3 years from date of
approval.

Summary of the Collection of Information

    The National Traffic and Motor Vehicle Safety Act authorizes the
Secretary of Transportation (NHTSA by delegation), at 49 U.S.C. 30111,
to issue federal motor vehicle safety standards (FMVSS) that set
performance standards for motor vehicles and items of motor vehicle
equipment. Manufacturers of motor vehicles and items of motor vehicle
equipment subject to the FMVSS are required, by 49 U.S.C. 30115, to
certify to the distributor or dealer that the vehicle or equipment
complies with the applicable standards. Certification of equipment may
be shown by a label or tag on the equipment or on the outside of the
container in which the equipment is delivered. Further, the Secretary
(NHTSA by delegation) is authorized, at 49 U.S.C. 30117, to require
manufacturers to provide information to first purchasers of motor
vehicles or items of motor vehicle equipment related to performance and
safety in printed materials that are attached to or accompany the motor
vehicle or item of motor vehicle equipment. Using this authority, the
agency issued FMVSS No. 116, ``Motor vehicle brake fluids'', which
specifies performance and design requirements for motor vehicle brake
fluids and hydraulic system mineral oils. Section 5.2.2 of the standard
specifies labeling requirements for manufacturers and packagers of
brake fluids, as well as packagers of hydraulic system mineral oils.
Certification of equipment must be shown by a label permanently affixed
to the container, in any location except a removable part such as a
lid.

Description of the Need for the Information and Proposed Use of the
Information

    The properties of these fluids and their use necessitate the
package labeling information specified in FMVSS No. 116. The
information on the label of a container of motor vehicle brake fluid or
hydraulic system mineral oil is necessary to ensure: The contents of
the container are clearly stated; the source and packing identifiers
are labeled; the fluids within the container are used for their
intended purpose only; and the containers are stored correctly and not
re-used when empty.
    To aid in the proper selection and use of brake fluids and
hydraulic system mineral oils in motor vehicles and hydraulic
equipment, the owners and operators of motor vehicles, vehicle service
facilities, and hydraulic equipment operators use this labeling
information. Proper vehicle brake performance is crucial to the safety
of motor vehicle occupants and protection of property. Without this
labeling requirement, there could be improper use or storage of these
brake fluids, which would have dire safety consequences for the
operators of vehicles or the equipment in which they are used.
    Affected Public: Manufacturers and packagers of brake fluids and
hydraulic mineral oils.
    Estimated Number of Respondents: 200.
    NHTSA estimates that there are approximately 200 manufacturers and
packagers of brake fluid or hydraulic system mineral oil.
    Estimated Number of Responses: 70,000,000 labels.
    Frequency: On Occasion.
    Estimated Total Annual Burden Hours: 8,000 hours.
    Labels are a standard part of fluid containers, even in the absence
of a federal requirement for adding the safety and product information
to the containers. Thus, the information required by FMVSS No. 116
would be added to a label already existing to be placed on the
container and the hour burden is minimal for adding the required
information. NHTSA estimates that there are currently 200 manufacturers
and packagers of brake fluid or hydraulic system mineral oil, and each
respondent produces approximately 24 different label types. Assuming a
5-year label redesign cycle, approximately 5 new or modified labels
each year. The burden to design the layout of a label to include the
additional information required by FMVSS 116 is estimated to require 8
hours. NHTSA estimates the total annual burden for manufacturers/
packagers to produce labels to include the standard's information to be
8,000 hours (5 labels x 8 hours x 200 respondents).
    The labor costs associated with these burden hours are derived by
using hourly labor rates published by the Bureau of Labor Statistics
(BLS). BLS estimates that hourly wages represent approximately 69.1% of
total compensation for private industry workers.\1\ For the labor costs
associated with the burden hours to design the labels to include the
required information, NHTSA uses the mean hourly wage of $36.52 per
hour for ``Technical Writers'' (occupational code 27-3042) \2\ and
applies the 69.1% factor to find the total compensation rate of $52.85
per hour ($36.52 per hour / 0.691). The total annual labor costs
associated with the design of labels is estimated to be $422,800 (8,000
burden hours x $52.85). The burden hours and associated labor costs are
summarized in Table 1 below.
---------------------------------------------------------------------------

    \1\ Employer Costs for Employee Compensation by ownership [Sept.
2021], https://www.bls.gov/news.release/ecec.t01.htm.
    \2\ May 2019 National Industry-Specific Occupational Employment
and Wage Estimates, NAICS 3250A1--Chemical Manufacturing, available
at https://www.bls.gov/oes/current/naics4_3250A.htm#27-0000.

              Table 1--Estimated Annual Burden Hours and Labor Cost for Designing Labels To Include Information Pursuant to Sec.   571.116
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       Total annual                      Total annual
               Number of respondents                 Responses per     burden hours     Hourly labor    labor cost per    Total annual     Total annual
                                                          year        per respondent        cost          respondent      burden hours      labor cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
200...............................................       70,000,00               40           $52.85           $2,114            8,000         $422,800
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Estimated Total Annual Burden Cost: $80,500.
    Because labels are a standard part of fluid containers, even in the
absence of a federal requirement to include FMVSS 116 information,
there is no additional cost to affix the labels that include this
information. The cost burden is an incremental cost of the ink, which
NHTSA estimates to be $0.00115 per label, for adding the required
information to a paper or plastic label and would be a small part of
the total cost of the printing process used to produce the label.
    The cost estimate of $80,500 for the total annualized costs to the
respondents for adding the FMVSS 116 information to the printing cost
of an existing label is calculated by multiplying the average 350,000
labels produced annually by each respondent (70,000,000 labels / 200
respondents) by the estimated incremental cost of the ink per label
($0.00115). Table 2 details the costs to add the information required
pursuant to FMVSS 116 to container labels.

                              Table 2--Estimated Annual Costs for Labels To Include Information Pursuant to Sec.   571.116
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of
                                                                        Number of     labels produced  Incremental ink    Total annual     Total annual
                       Number of respondents                         labels produced    per year per    cost per label      cost per       incremental
                                                                         per year        respondent                        respondent          cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
200................................................................      70,000,000          350,000         $0.00115          $402.50       $80,500.00
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) whether the proposed
collection of information is necessary for the proper performance of
the functions of the Department, including whether the information will
have practical utility; (b) the accuracy of the Department's estimate
of the burden of the proposed information collection; (c) ways to
enhance the quality, utility and clarity of the information to be
collected; and (d) ways to minimize the burden of the collection of
information on respondents, including the use of automated collection
techniques or other forms of information technology. The agency will
summarize and/or include your comments in the request for OMB's
clearance of this information collection.
    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter
35, as amended; 49 CFR 1.95; and DOT Order 1351.29.

Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2022-09348 Filed 4-29-22; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 78, Number 150 (Monday, August 5, 2013)]
[Notices]
[Pages 47476-47478]
[FR Doc No: 2013-18759]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-70070; File No. SR-BOX-2013-037]

Self-Regulatory Organizations; BOX Options Exchange LLC; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change To
Amend BOX Rule 4170 (Options Communications)

July 30, 2013.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'' or ``Exchange Act''),\1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that on July 15, 2013, BOX Options Exchange LLC
(``BOX'' or the ``Exchange'') filed with the Securities and Exchange
Commission (the ``Commission'') the proposed rule change as described
in Items I and II below, which Items have been substantially prepared
by the Exchange. The Commission is publishing this notice to solicit
comments on the proposed rule from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend BOX Rule 4170 (Options
Communications) to conform the rule to changes recently made by the
Financial Industry Regulatory Authority, Inc. (``FINRA'') to its
corresponding rule.\3\ The text of the proposed rule change is
available from the principal office of the Exchange, at the
Commission's Public Reference Room and also on the

Exchange's Internet Web site at http://boxexchange.com.
---------------------------------------------------------------------------

    \3\ See Exchange Act Release No. 68650 (Jan. 14, 2013), 78 FR
4182 (Jan. 18, 2013) (Notice of Immediate Effectiveness of SR-FINRA-
2013-001).
---------------------------------------------------------------------------

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
Sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposed to update Exchange Rule 4170 (Options
Communications) to conform the rule to changes recently made by FINRA
to its corresponding rule.\4\ This filing is also based on a proposal
recently submitted by Chicago Board Options Exchange, Inc. (``CBOE'')
and approved by the Commission.\5\
---------------------------------------------------------------------------

    \4\ See Exchange Act Release No. 68650 (Jan. 14, 2013), 78 FR
4182 (Jan. 18, 2013) (Notice of Immediate Effectiveness of SR-FINRA-
2013-001). The Exchange also proposes certain changes in Rule 4170
to conform with aspects of the FINRA rule that predated the recent
FINRA amendment and were not changed by that amendment.
    \5\ See Exchange Act Release No. 69807 (June 20, 2013), 78 FR
38423 (June 26, 2013) (Order Approving of SR-CBOE-2013-043).
---------------------------------------------------------------------------

    The proposed changes to BOX Rule 4170 (Options Communications) are
designed to alert Participants to their requirements with respect to
Options Communications while further regulating all communications for
compliance with BOX Rules and the Act.
    First, the proposed rule change would amend BOX Rule 4170(a) to
reduce the number of defined categories of communication from six (in
the current rule) to three. The proposed three categories of
communications are: Retail communications, correspondence, and
institutional communications. Current definitions of ``sales
literature,'' ``advertisement,'' and ``independently prepared reprint''
are combined into a single category of ``retail communications.'' Thus,
the Exchange proposes to define ``retail communication'' as ``any
written (including electronic) communication that is distributed or
made available to more than 25 retail investors within any 30-calendar-
day period.'' The Exchange also proposes to update the definition of
``correspondence'' to ``any written (including electronic)
communication distributed or made available by a Participant to 25 or
fewer retail customers within any 30-calendar-day period.'' Finally,
the Exchange proposes to define, ``institutional communication'' to
include written (including electronic) communications that are
distributed or made available only to institutional investors.
    Second, the Exchange proposes to amend Rule 4170(b), ``Approval by
Registered Options Principal'' to replace the phrase ``advertisements,
sales literature, and independently prepared reprints'' in Rule
4170(b)(i) with the new proposed term, ``retail communications.''
    Under proposed Rule 4170(b)(ii), correspondence would ``need not be
approved by a Registered Options Principal prior to use'' but would be
subject to the supervision and review requirements of BOX Rule 4030.
The current rule requires principal approval of correspondence that is
distributed to 25 or more existing retail customers within a 30-
calendar-day period that makes any financial or investment
recommendation or otherwise promotes the product or service of a
Participant. Under proposed Rule 4170(b), such communications would be
considered retail communications and therefore would be subject to the
principal approval requirement. As such, the proposed change would not
substantively change the scope of options communications that would
require principal approval.
    Third, the Exchange proposes to modify the required approvals of
``Institutional communications'' by adding that a Participant shall
``establish written procedures that are appropriate to its business,
size, structure, and customers for review by a Registered Options
Principal of institutional communications used by the Participant.''
    Fourth, the Exchange proposes to amend Rule 4170(c) to replace the
phrase ``advertisements, sales literature, and independently prepared
reprints'' with the new proposed term, ``retail communications.'' The
Exchange also proposes to further exempt options disclosure documents
and prospectuses from Exchange review as other requirements apply to
these documents under the Securities Act of 1933 (the ``Securities
Act'').
    Fifth, the Exchange proposes to specify in Rule 4170(d) that Order
Flow Providers (``OFP'') or associated persons may not use any options
communications that ``constitute a prospectus'' unless the
communications meet the requirements of the Securities Act. Finally,
the Exchange proposes to move and slightly modify Rule 4170(d) to state
that any statement made referring to ``potential opportunities or
advantages presented by options'' must also be accompanied by a
statement identifying the potential risks posed.
2. Statutory Basis
    The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Act,\6\ in general, and Section
6(b)(5) of the Act,\7\ in particular, in that it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in facilitating transactions in securities, to
remove impediments to and perfect the mechanism of a free and open
market and a national market system, and, in general to protect
investors and the public interest.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5). Form 19b-4 as filed by BOX
inadvertently referred to Section 6(b)(4). This change was approved
per email by Lisa Fall of BOX, in an email from Kristen Tierney
(BOX) to Alicia Goldin (SEC) on July 29, 2013 (``July 29 email'').
---------------------------------------------------------------------------

    In particular, the Exchange believes the proposed rule changes will
help Participants that are also members of FINRA and/or CBOE to comply
with their obligations regarding options communications by better
aligning the Exchange's requirements with those of FINRA and CBOE.\8\
In addition, the Exchange believes that the proposed rule change will
help ensure that investors are protected from potentially false or
misleading communications with the public distributed by Participants.
---------------------------------------------------------------------------

    \8\ This statement was modified from the Form 19b-4 filed by
BOX, per the July 29 email, supra note 7.
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. In this regard and as indicated
above, the Exchange notes that the rule change being proposed is
substantially similar to a filing submitted by the CBOE and recently
approved by the Commission.\9\ The Exchange believes that establishing
uniform rules regarding Options Communications will enable

Participants to more efficiently carry out their supervisory and other
compliance obligations.\10\
---------------------------------------------------------------------------

    \9\ See supra, note 5.
    \10\ This statement was modified from the Form 19b-4 filed by
BOX, per the July 29 email, supra note 7.
---------------------------------------------------------------------------

    Specifically, the proposed rule change will merely bring clarity
and consistency to Exchange Rules. The Exchange does not believe the
proposed rule change will impose any burden on any intra-market
competition as it applies to all Participants. In addition, the
Exchange does not believe the proposed rule filing will bring any
unnecessary burden on inter-market competition as it is consistent with
the FINRA ``Options Communications'' rule.\11\
---------------------------------------------------------------------------

    \11\ See supra, note 3.
---------------------------------------------------------------------------

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    The Exchange has neither solicited nor received comments on the
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    BOX has filed the proposed rule change pursuant to Section
19(b)(3)(A) \12\ of the Act and Rule 19b-4(f)(6) thereunder.\13\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, it has become effective pursuant to Section
19(b)(3)(A) of the Act and Rule 19b-4(f)(6) thereunder.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to provide the Commission with written notice
of its intent to file the proposed rule change, along with a brief
description and text of the proposed rule change, at least five
business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \14\ normally
does not become operative for 30 days after the date of filing.
However, pursuant to Rule 19b-4(f)(6)(iii) \15\ the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest. BOX has asked the
Commission to waive the 30-day operative delay so that the proposal may
become operative immediately upon filing.
---------------------------------------------------------------------------

    \14\ 17 CFR 240.19b-4(f)(6).
    \15\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest, as
it will it will ensure fair competition among the exchanges by allowing
the Exchange to conform with changes recently made by FINRA. For these
reasons, the Commission designates the proposed rule change to be
operative upon filing.\16\
---------------------------------------------------------------------------

    \16\ For purposes of waiving the 30-day operative delay, the
Commission has considered the proposed rule's impact on efficiency,
competition and capital formation. See 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BOX-2013-037 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-BOX-2013-037. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method.
    The Commission will post all comments on the Commission's Internet
Web site (http://www.sec.gov/rules/sro.shtml). Copies of the
submission, all subsequent amendments, all written statements with
respect to the proposed rule change that are filed with the Commission,
and all written communications relating to the proposed rule change
between the Commission and any person, other than those that may be
withheld from the public in accordance with the provisions of 5 U.S.C.
552, will be available for Web site viewing and printing in the
Commission's Public Reference Room, on official business days between
the hours of 10:00 a.m. and 3:00 p.m., located at 100 F Street NE.,
Washington, DC 20549. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly.
    All submissions should refer to File Number SR-BOX-2013-037 and
should be submitted on or before August 26, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
---------------------------------------------------------------------------

    \17\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-18759 Filed 8-2-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 216 (Thursday, November 7, 2019)]
[Notices]
[Pages 60140-60141]
[FR Doc No: 2019-24315]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2019-75]

Petition for Exemption; Summary of Petition Received; Elbe
Flugzegwerke GmbH

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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

SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of Federal Aviation Regulations. The
purpose of this notice is to improve the public's awareness of, and
participation in, the FAA's exemption process. Neither publication of
this notice nor the inclusion or omission of information in the summary
is intended to affect the legal status of the petition or its final
disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before November 27, 2019.

ADDRESSES: Send comments identified by docket number FAA-2019-0565
using any of the following methods:
     Federal eRulemaking 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: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to http://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.
    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 the 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: Michael H. Harrison, AIR-673, Federal
Aviation Administration, 2200 South 216th Street, Des Moines, WA 98198,
phone and fax<PHONE_NUMBER>, email<EMAIL_ADDRESS>    This notice is published pursuant to 14 CFR 11.85.

    Issued in Des Moines, Washington, on November 4, 2019.
James E. Wilborn,
Acting Manager, Transport Standards Branch.

Petition for Exemption

    Docket No.: FAA-2019-0565.
    Petitioner: Elbe Flugzegwerke GmbH.
    Section(s) of 14 CFR Affected: Sec.  25.785(j), 25.791(b),
25.807(g)(1), 25.807(i)(1), 25.809(a), 25.812(e), 25.812(l),
25.857(e), 25.1447(c)(1), and 25.1449.
    Description of Relief Sought: ST Engineering, on behalf of Elbe
Flugzegwerke GmbH, is seeking relief in support of a supplemental
type certificate project. The exemption, if granted would permit the
carriage of non-crewmembers (commonly referred to as
supernumeraries) in the redefined flight deck, forward of the 9g
rigid cargo barrier on Airbus Model A320-200 and A321-200 series
passenger airplanes converted to freighter airplanes.

[FR Doc. 2019-24315 Filed 11-6-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 141 (Tuesday, July 23, 2019)]
[Notices]
[Pages 35383-35384]
[FR Doc No: 2019-15576]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: ER19-31-001.
    Applicants: Oregon Clean Energy, LLC.
    Description: Report Filing: Refund Report to be effective N/A.
    Filed Date: 7/16/19.
    Accession Number: 20190716-5058.
    Comments Due: 5 p.m. ET 8/6/19.

    Docket Numbers: ER19-709-004.
    Applicants: Entergy Arkansas, LLC, Entergy Mississippi, LLC,
Entergy New Orleans, LLC, Entergy Texas, Inc., Entergy Louisiana, LLC.
    Description: Tariff Amendment: Entergy OpCos Reactive Power Update
to be effective 10/1/2015.
    Filed Date: 7/15/19.
    Accession Number: 20190715-5116.
    Comments Due: 5 p.m. ET 8/5/19.

    Docket Numbers: ER19-1646-000.
    Applicants: Performance Materials NA, Inc.
    Description: Response to June 20, 2019 Deficiency Letter of
Performance Materials NA, Inc.
    Filed Date: 7/15/19.
    Accession Number: 20190715-5146.
    Comments Due: 5 p.m. ET 8/5/19.

    Docket Numbers: ER19-1661-001.
    Applicants: Virginia Electric and Power Company, PJM
Interconnection, L.L.C.
    Description: Tariff Amendment: Dominion submits a response per
FERC's 6/14/2019 Deficiency Letter to be effective 1/1/2020.
    Filed Date: 7/15/19.
    Accession Number: 20190715-5078.
    Comments Due: 5 p.m. ET 8/5/19.

    Docket Numbers: ER19-1938-001.
    Applicants: Florida Power & Light Company.
    Description: Compliance filing: FPL Amendment to Order No. 845
Compliance Filing to be effective 5/22/2019.
    Filed Date: 7/15/19.
    Accession Number: 20190715-5133.
    Comments Due: 5 p.m. ET 8/5/19.

    Docket Numbers: ER19-1940-001.
    Applicants: Gulf Power Company.
    Description: Compliance filing: Amendment to Order 845 Compliance
Filing to be effective 5/22/2019.
    Filed Date: 7/15/19.
    Accession Number: 20190715-5105.
    Comments Due: 5 p.m. ET 8/5/19.

    Docket Numbers: ER19-1947-001.
    Applicants: Puget Sound Energy, Inc.
    Description: Compliance filing: Response to Deficiency Letter to be
effective 5/22/2019.
    Filed Date: 7/15/19.
    Accession Number: 20190715-5102.
    Comments Due: 5 p.m. ET 8/5/19.

    Docket Numbers: ER19-1948-001.
    Applicants: PacifiCorp.
    Description: Compliance filing: OATT Order 845--Deficiency
(6.13.19) to be effective 5/22/2019.
    Filed Date: 7/15/19.
    Accession Number: 20190715-5137.
    Comments Due: 5 p.m. ET 8/5/19.

    Docket Numbers: ER19-1956-001.
    Applicants: Cube Yadkin Transmission LLC.
    Description: Compliance filing: Response to Deficiency Letter and
Compliance Filing to be effective 5/22/2019.
    Filed Date: 7/15/19.
    Accession Number: 20190715-5071.
    Comments Due: 5 p.m. ET 8/5/19.

    Docket Numbers: ER19-1957-001.
    Applicants: Alabama Power Company.
    Description: Compliance filing: Order Nos. 845 and 845-A Deficiency
Compliance Filing to be effective 5/22/2019.
    Filed Date: 7/15/19.
    Accession Number: 20190715-5103.
    Comments Due: 5 p.m. ET 8/5/19.

    Docket Numbers: ER19-1961-002.
    Applicants: GridLiance High Plains LLC.
    Description: Compliance filing: Order No. 845 Compliance Filing--
OATT--Attachment M to be effective 5/22/2019.
    Filed Date: 7/15/19.
    Accession Number: 20190715-5080.
    Comments Due: 5 p.m. ET 8/5/19.

    Docket Numbers: ER19-2401-000.
    Applicants: Wisconsin Electric Power Company.
    Description: Sec.  205(d) Rate Filing: Formula Rate Update Filing
for 2018 Rate Year to be effective 9/14/2019.
    Filed Date: 7/15/19.
    Accession Number: 20190715-5077.
    Comments Due: 5 p.m. ET 8/5/19.

    Docket Numbers: ER19-2402-000.
    Applicants: West Penn Power Company, PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: West Penn Power Company
submits IA SA No. 5327 to be effective 9/13/2019.
    Filed Date: 7/15/19.
    Accession Number: 20190715-5079.
    Comments Due: 5 p.m. ET 8/5/19.

    Docket Numbers: ER19-2403-000.
    Applicants: International Transmission Company.
    Description: Sec.  205(d) Rate Filing: Filing of a CIAC Agreement
to be effective 9/14/2019.
    Filed Date: 7/15/19.
    Accession Number: 20190715-5104.
    Comments Due: 5 p.m. ET 8/5/19.

    Docket Numbers: ER19-2404-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original ISA, SA No. 5422;
Queue No. AC1-158 to be effective 6/14/2019.
    Filed Date: 7/15/19.
    Accession Number: 20190715-5113.
    Comments Due: 5 p.m. ET 8/5/19.

    Docket Numbers: ER19-2405-000.
    Applicants: Porterhouse Wind (4) LLC.
    Description: Sec.  205(d) Rate Filing: Porterhouse Wind (4) LLC
Change in Status to be effective 7/16/2019.
    Filed Date: 7/15/19.
    Accession Number: 20190715-5121.
    Comments Due: 5 p.m. ET 8/5/19.

    Docket Numbers: ER19-2406-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2019-07-16_SA 3328 Badger
Hollow Solar Farm-ATC E&P (J870 J871) to be effective 6/24/2019.
    Filed Date: 7/16/19.
    Accession Number: 20190716-5048.
    Comments Due: 5 p.m. ET 8/6/19.

    Docket Numbers: ER19-2407-000.
    Applicants: NGI-Kayenta II, LLC.
    Description: Baseline eTariff Filing: Application for Market-Based
Rate Tariff, Blanket Approval and Waivers to be effective 7/22/2019.
    Filed Date: 7/16/19.
    Accession Number: 20190716-5062.
    Comments Due: 5 p.m. ET 8/6/19.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing

requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: July 16, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-15576 Filed 7-22-19; 8:45 am]
 BILLING CODE 6717-01-P