[Federal Register Volume 80, Number 247 (Thursday, December 24, 2015)]
[Notices]
[Page 80354]
[FR Doc No: 2015-32403]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP15-77-000]

Tennessee Gas Pipeline Company, L.L.C.; Notice of Schedule for
Environmental Review of the Broad Run Expansion Project

    On January 30, 2015, Tennessee Gas Pipeline Company, L.L.C.
(Tennessee) filed an application in Docket No. CP15-77-000 pursuant to
sections 7(b) and 7(c) of the Natural Gas Act, requesting a certificate
of public convenience and necessity to construct, operate, and maintain
certain natural gas pipeline facilities, and authorization to abandon
certain facilities, collectively known as the Broad Run Expansion
Project (Project). The Project purpose is to provide an additional
200,000 dekatherms per day of firm incremental transportation service
through construction of new compressor stations and replacement of
compression facilities in West Virginia, Kentucky; and Tennessee.
    On February 12, 2015, the Federal Energy Regulatory Commission
(Commission or FERC) issued its Notice of Application for the Project.
The notice alerted agencies responsible for issuing federal
authorizations of the requirement to complete necessary reviews and
reach a final decision on a request for a federal authorization within
90 days of the date of issuance of the Environmental Assessment (EA)
prepared by Commission staff. This Notice of Schedule identifies the
Commission staff's planned schedule for the completion of the EA for
the Project.

Schedule for Environmental Review

Issuance of EA March 11, 2016
90-day Federal Authorization Decision Deadline June 9, 2016

    If a schedule change becomes necessary, additional notice will be
provided so the relevant agencies are kept informed of the Project's
progress.

Project Description

    Tennessee proposes to build four new compressor stations and add
compression at two existing compressor stations. Tennessee also
proposes to improve efficiency and reduce certain emissions by
replacing older existing compression facilities on its system with
newer compressor units.
    The Project would include construction and operation of the
following facilities:
     Two new compressor stations in Kanawha County, West
Virginia, to be known as the Tyler Mountain Compressor Station (CS
118A) and the Rocky Fork Compressor Station (CS 119A);
     a new compressor station in Madison County, Kentucky, to
be known as the Richmond Compressor Station (CS 875);
     a new compressor station in Davidson County, Tennessee, to
be known as the Pinnacle Compressor Station (CS 563); and
     modifications (including abandonment and replacement of
certain compression units, system components, and associated
facilities) at the existing Clay City Compressor Station in Powell
County, Kentucky (CS 106), and the existing Catlettsburg Compressor
Station in Boyd County, Kentucky (CS 114).

Background

    On May 1, 2015, the Commission issued a Notice of Intent to Prepare
an Environmental Assessment for the Proposed Broad Run Expansion
Project and Request for Comments on Environmental Issues (NOI). The NOI
was sent to affected landowners; federal, state, and local government
agencies; elected officials; environmental and public interest groups;
Native American tribes; other interested parties; and local libraries
and newspapers. In response to Tennessee's application and the NOI, the
Commission received comments from many affected landowners, interested
individuals and organizations, elected officials, and agencies.
Commentors included U.S. Representative Andy Barr, Kentucky State
Representative Terry Mills, U.S. Fish and Wildlife Service, Kentucky
Department for Environmental Protection, Madison County Fiscal Court,
Allegheny Defense Project, Concerned Citizens for a Safe Environment,
Freshwater Accountability Project, Heartwood, Ohio Valley Environmental
Coalition, Tennessee Valley Authority, ByFaith Farm LLC, and Walden's
Puddle Wildlife Rehabilitation Center.
    The primary issues raised by the commentors included concerns about
potential impacts on organic farms and wildlife, including Walden's
Puddle Wildlife Rehabilitation Center; air quality and noise impacts;
public safety; and aspects of the FERC process.

Additional Information

    In order to receive notification of the issuance of the EA and to
keep track of all formal issuances and submittals in specific dockets,
the Commission offers a free service called eSubscription. This can
reduce the amount of time spent researching proceedings by
automatically providing notification of these filings, document
summaries, and direct links to the documents. Go to www.ferc.gov/docs-filing/esubscription.asp.
    The FERC's eLibrary system can also be used to search formal
issuances and submittals from the public docket. To use, select the
``eLibrary'' link, select ``General Search'' from the eLibrary menu
located at www.ferc.gov/docs-filing/elibrary.asp, enter the selected
date range and ``Docket Number'' excluding the last three digits (i.e.,
CP15-77), and follow the instructions. For assistance with access to
eLibrary, the helpline can be reached at<PHONE_NUMBER>, TTY (202) 502-
8659, or at<EMAIL_ADDRESS>The eLibrary link on the FERC
Web site also provides access to the texts of formal documents issued
by the Commission, such as orders, notices, and rule makings.
    Additional information about the Project is available from the
Commission's Office of External Affairs at (866) 208-FERC or on the
FERC Web site (www.ferc.gov).

    Dated: December 18, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-32403 Filed 12-23-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 217 (Monday, November 10, 2014)]
[Rules and Regulations]
[Pages 66622-66626]
[FR Doc No: 2014-26669]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2013-0907]
RIN 1625-AA00

Safety Zones; Upper Mississippi River Between Mile 38.0 and 46.0,
Thebes, IL; and Between Mile 78.0 and 81.0, Grand Tower, IL

AGENCY: Coast Guard, DHS.

ACTION: Interim rule and request for comments.

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SUMMARY: The Coast Guard is establishing safety zones for all waters of
the Upper Mississippi River (UMR) from mile 38.0 to 46.0 and from mile
78.0 to 81.0. These safety zones are needed to protect persons,
property, and infrastructure from potential damage and safety hazards
associated with subsurface rock removal in the Upper Mississippi River.
Any deviation from the conditions and requirements put into place are
prohibited unless specifically authorized by the cognizant Captain of
the Port (COTP) Ohio Valley or his designated representatives.

DATES: This rule is effective November 10, 2014. Comments and related
material must be received by the Coast Guard on or before December 10,
2014.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0907]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    You may submit comments, identified by docket number, using any one
of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. The telephone number is<PHONE_NUMBER>.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT Dan McQuate, U.S. Coast Guard; telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>If you have questions on viewing or
submitting

material to the docket, call Cheryl F. Collins, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

AIS Automated Information System
BNM Broadcast Notice to Mariners
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LNM Local Notice to Mariners
MM Mile Marker
MSU Marine Safety Unit
M/V Motor Vessel
NPRM Notice of Proposed Rulemaking
RIAC River Industry Action Committee
UMR Upper Mississippi River
USACE United States Army Corps of Engineers

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
type the docket number in the ``SEARCH'' box and click ``SEARCH.''
Click on ``Submit a Comment'' on the line associated with this
rulemaking
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number in the ``SEARCH'' box and click ``SEARCH.''
Click on Open Docket Folder on the line associated with this
rulemaking. You may also visit the Docket Management Facility in Room
W12-140 on the ground floor of the Department of Transportation West
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

3. Privacy Act

    Anyone can search the electronic form of 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 a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one, using one of the methods specified under ADDRESSES.
Please explain why you believe a public meeting would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.

B. Regulatory History and Information

    Based on forecasted historical low water on the UMR in the fall of
2012, the USACE contracted subsurface rock removal operations in
Thebes, IL to mitigate the effects of the forecasted low water event.
In order to provide additional safety measures and regulate navigation
during low water and the planned rock removal operations, the Coast
Guard published a temporary final rule in the Federal Register for an
RNA from mile 0.0 to 185.0 UMR (77 FR 75850). The RNA was in effect
from December 1, 2012 until March 31, 2013, which is when river levels
rebounded and the subsurface rock removal operation was delayed because
of high water levels. During the effective period for this temporary
RNA, restrictions were enforced for a total of approximately 45 days.
    In the fall of 2013, based on changing river conditions, low water
was again forecasted and the USACE's contracted subsurface rock removal
operations in Thebes, IL were scheduled to resume. The Coast Guard then
published a second temporary final rule in the Federal Register re-
establishing the RNA (78 FR 70222). Based on the forecasted water
levels and the plans and needs for the resumed rock removal operations,
the RNA covered a smaller river section extending from mile 0.0 to
109.9 on the UMR. The RNA was implemented to ensure the safety of the
USACE contractors and marine traffic during the actual rock removal
work, and to support the safe and timely clearing of vessel queues at
the conclusion of the work each day. The RNA was in effect from
November 4, 2013 until April 12, 2014, but was only enforced from
December 10, 2013 until February 19, 2014 due to water levels
increasing and forcing the USACE contractors to cease rock removal
operations. During the times the RNA was enforced, the Coast Guard
worked with the USACE, RIAC, and the USACE contractor to implement
river closures and various restrictions to maximize the size of tows
that could safely pass while keeping the USACE contractor crews safe.
The Coast Guard also assisted in clearing vessel queues after each
closure or restriction.
    On April 17, 2014, MSU Paducah contacted USACE St. Louis to
determine if subsurface rock removal operations will be conducted in
the Upper Mississippi River in the vicinity of Thebes, IL in future
years. USACE St. Louis reported that such operations are anticipated to
continue as river conditions permit, and that there are multiple phases
of subsurface rock removal operations remaining. On August 28, 2014
USACE St. Louis notified the Coast Guard that based on recently
acquired data, rock removal operations will also be required in the
Upper Mississippi River between miles 78.0 and 81.0 at Grand Tower, IL
in the future.
    USACE St. Louis also informed the Coast Guard that the
environmental window for these operations each year moving forward is
July 1 to April 12. However, river conditions likely will not permit
work for the majority of that timeframe each year, and in some years
river conditions may not permit any work on this project to be
completed. This project is expected to go on indefinitely when river
conditions permit during the allowable times within the environmental
windows. For

continuity and based on the necessary restrictions, USACE St. Louis
requested continued involvement of the Coast Guard for navigation
expertise and facilitating restrictions with users of the waterway and
the contractor. According to USACE St. Louis, the majority of the rock
removal operations will impact vessel traffic and requested that the
Coast Guard establish restrictions under 33 CFR Part 165, Regulated
Navigation Areas and Limited Access Areas to maintain safety of
navigation during the rock removal project. The Coast determined that
safety zones, one type of Limited Access Area provided for under 33 CFR
Part 165, will provide the necessary additional safety measures to
ensure commerce can continue to navigate safely while the contractors
are working. These safety zones limit access to specific areas of the
river during rock removal operations rather than creating a larger
regulated area encompassing the entire stretch of river where the work
may take place.
    The Coast Guard is issuing this interim rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule. This interim rule is effective upon
publication without prior notice through publication in the Federal
Register, but also invites comments regarding the creation of permanent
safety zones before the rule is published in final form. The Coast
Guard will address all comments accordingly, whether through response,
additional revision to the regulation, or otherwise. Completing the
full NPRM process would cause an unnecessary delay in publishing
enforceable safety zones. This interim rule affords the public the
opportunity to comment while the safety zones are in place but before
making it a final rule.
    For this year, the rock removal operations could begin again as
soon as September 15, 2014. The commercial towing vessel industry,
through RIAC, has been notified that these operations will be conducted
in future years and the additional restrictions provided by the safety
zones will be necessary during that work. Other restrictions
encompassing larger sections of the river have been in place through
temporary RNAs during the last two work seasons in 2012 and 2013. The
Coast Guard did not receive any feedback causing us to believe the
public opposes restrictions for future years to continue facilitating
safe navigation and commerce during the subsurface rock removal
operations, being conducted to benefit the towing industry during
future low water events.
    For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard
finds that good cause exists for making this rule effective less than
30 days after publication in the Federal Register. Providing 30 day
notice would unnecessarily delay the safety zones effective date for
restrictions that may need to go into effect as soon as September 15,
2014.

C. Basis and Purpose

    The legal basis and authorities for this rule are found in 33
U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Public Law 107-295, 116 Stat.
2064; and Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to establish and define safety
zones.
    The purpose of these safety zones are to protect persons and
vessels while subsurface rock removal operations are ongoing on the UMR
from mile 38.0 to mile 46.0 and from mile 78.0 to mile 81.0. The
removal operations pose significant safety hazards to vessels and
mariners operating on the UMR. At the previous request of RIAC and
after reviewing best practices from the previous temporary RNAs in
effect in 2012 and 2013, the Coast Guard plans to assist in
facilitating the clearing of vessel queues in future years following
restricted access on the UMR from mile 38.0 to mile 46.0 and from mile
78.0 to mile 81.0. For these reasons, the Coast Guard is to
establishing these safety zones to limit vessel access between mile
38.0 and mile 46.0, and between mile 78.0 and mile 81.0 on the UMR.
Once comments to this interim rule are received and addressed, the
intent is to follow with a final rule. The final rule will address and
take into account as necessary comments made during comment period for
this interim rule.

D. Discussion of the Interim Rule

    The Coast Guard is establishing these safety zones for all vessel
traffic on the UMR from mile 38.0 to mile 46.0, and from mile 78.0 to
mile 81.0, extending the entire width of the river. These safety zones
will be enforced based on the actual or planned subsurface rock removal
operations between mile 38.0 and mile 46.0 and between mile 78.0 and
mile 81.0. Restrictions and requirements for these safety zones and
related to approval to transit through these safety zones will be the
minimum necessary to protect persons, property, and infrastructure from
the potential hazards associated with low water and subsurface rock
removal operations. Such restrictions may include, but are not limited
to, river closures, tow size, tow configuration, vessel/barge draft,
assist vessels, speed, hours of transit, and one-way traffic. These
restrictions, in addition to required use of AIS when fitted, and
vessel reporting previously existed under temporary RNA's (77 FR 75850
and 78 FR 70222) covering a much broader segment of the UMR.
Enforcement times and specific restrictions and requirements will be
announced via Broadcast Notice to Mariners (BNM), through outreach with
the RIAC, through LNM, or through other public notice. Any deviation
from the requirements put into place are prohibited unless specifically
authorized by the COTP Ohio Valley, or a designated representative.
Requests to deviate from the specific restrictions and regulations will
be considered and reviewed on a case-by-case basis. The COTP Ohio
Valley may be contacted by telephone at 1-800-253-7465 or can be
reached by VHF-FM channel 16.

E. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    This rule establishes safety zones for vessels on all waters of the
UMR from mile 38.0 to mile 46.0, and from mile 78.0 to mile 81.0. The
safety zones listed in this interim rule will only restrict vessel
traffic from entering, transiting, or anchoring within specific
sections of the UMR. Notifications of enforcement times and
restrictions put into effect for these safety zones will be

communicated to the marine community via BNM, through outreach with
RIAC, and through LNMs. Such notices provide the opportunity for
industry to plan transits accordingly and work around the schedule of
rock removal operations as necessary. The impacts on navigation will be
limited to ensuring the safety of mariners and vessels associated with
hazards presented by USACE contractor operations involving subsurface
rock removal, and the safe and timely resumption of vessel traffic
following any river closures or restrictions associated with subsurface
rock removal operations. Restrictions under these safety zones will be
the minimum necessary to protect mariners, vessels, the public, and the
environment from known or perceived risks.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    This rule will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
the UMR during USACE contracted subsurface rock removal operations.
These safety zones will not have a significant economic impact on a
substantial number of small entities for the following reasons. While
the safety zones listed in this interim rule will restrict vessel
traffic from entering, transiting, or anchoring within specific
sections of the UMR, this rule does allow for the intermittent passing
of vessels. Traffic in this area is limited to almost entirely
recreational vessels and commercial towing vessels subject to noticed
restrictions and requirements. Notifications to the marine community
will be made through BNM, LNM, and communications with RIAC. Notices of
changes to the safety zones and enforcement times will also be made.
Additionally, deviation from the restrictions may be requested from the
COTP Ohio Valley or designated representative and will be considered on
a case-by-case basis.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

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

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one

of a category of actions that do not individually or cumulatively have
a significant effect on the human environment. This rule involves
creation of safety zones from mile 38.0 to mile 46.0, and from mile
78.0 to mile 81.0 UMR. This rule is categorically excluded from further
review under paragraph 34(g) of Figure 2-1 of the Commandant
Instruction. An environmental analysis checklist and a categorical
exclusion determination will be made available as indicated under the
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.

 List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1

0
2. A new Sec.  165.842 is added to read as follows:

Sec.  165.842  Safety Zone; Upper Mississippi River between mile 38.0
and mile 46.0, Thebes, IL; and between mile 78.0 and mile 81.0, Grand
Tower, IL.

    (a) Location. The following areas are safety zones: All waters of
the Upper Mississippi River from mile 38.0 to mile 46.0, Thebes, IL;
and from mile 78.0 to mile 81.0, Grand Tower, IL, extending the entire
width of the river.
    (b) Effective dates. These safety zones are effective beginning
November 10, 2014. Enforcement times and the requirements of this
safety zones will be noticed as soon as is practicable before
subsurface rock removal operations begin, actual notice will be used
and additional notices made through Broadcast Notices to Mariners
(BNM), or Local Notices to Mariners (LNM).
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into this area is prohibited unless
authorized by the Captain of the Port (COTP) Ohio Valley or a
designated representative.
    (2) The Captain of the Port (COTP) Ohio Valley may prescribe, for
all or specific portions of the safety zones, periods of enforcement
and minimum operational requirements necessary to enter, transit
through, or stop within the safety zone in order to preserve safe
navigation on the Upper Mississippi River during subsurface rock
removal operations and clearing of vessel queues following rock removal
operations, including, but not limited to, the required use of assist
vessels; and restrictions on the following:
    (i) Tow size;
    (ii) Tow configuration;
    (iii) Vessel/barge draft;
    (iv) Speed;
    (v) Under keel clearance;
    (vi) Hours of transit; and
    (vii) One way traffic.
    (3) All persons and vessels must comply with any requirement
prescribed under paragraph (c)(2) of this section.
    (4) Persons or vessels may request an exception from any
requirement prescribed under paragraph (c)(2) of this section from the
COTP Ohio Valley or a designated representative who may be a
commissioned, warrant, or petty officer of the Coast Guard. The COTP
Ohio Valley may be contacted by telephone at 1-800-253-7465 or on VHF-
FM channel 16.
    (d) Enforcement. The COTP Ohio Valley will notify the public of the
specific requirements prescribed under paragraph (c)(2) of this section
and of the times when those requirements will be enforced or when
enforcement will be suspended, using means designed to ensure maximum
effectual notice including, but not limited to, broadcast notices to
mariners (BNM) and communications through the River Industry Action
Committee.

    Dated: September 16, 2014.
R.V. Timme,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2014-26669 Filed 11-7-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 87, Number 204 (Monday, October 24, 2022)]
[Notices]
[Pages 64236-64237]
[FR Doc No: 2022-23015]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2007-D-0369]

Product-Specific Guidances; Draft and Revised Draft Guidances for
Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of additional draft and revised draft product-specific
guidances for developing topical products applied to the skin, as well
as integumentary and mucosal (e.g., vaginal) membranes. The guidances
provide product-specific recommendations on, among other things, the
design of bioequivalence (BE) studies to support abbreviated new drug
applications (ANDAs). In the Federal Register of June 11, 2010, FDA
announced the availability of a guidance for industry entitled
``Bioequivalence Recommendations for Specific Products'' that explained
the process that would be used to make product-specific guidances
available to the public on FDA's website. The guidances identified in
this notice were developed using the process described in that
guidance.

DATES: Submit either electronic or written comments on the draft
guidances by December 23, 2022 to ensure that the Agency considers your
comment on these draft guidances before it begins work on the final
versions of the guidances.

ADDRESSES: You may submit comments on any guidance at any time as
follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2007-D-0369 for ``Product-Specific Guidances; Draft and Revised
Draft Guidances for Industry.'' Received comments will be placed in the
docket and, except for those submitted as ``Confidential Submissions,''
publicly viewable at https://www.regulations.gov or at the Dockets
Management Staff between 9 a.m. and 4 p.m., Monday through Friday, 240-
402-7500.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.
    You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
    Submit written requests for single copies of the draft guidances to
the Division of Drug Information, Center for Drug Evaluation and
Research, Food and Drug Administration, 10001 New Hampshire Ave.,
Hillandale Building, 4th Floor, Silver Spring, MD 20993-0002. Send one
self-addressed adhesive label to assist that office in processing your
requests. See the SUPPLEMENTARY INFORMATION section for electronic
access to the draft guidance documents.

FOR FURTHER INFORMATION CONTACT: Christine Le, Center for Drug
Evaluation and Research (HFD-880), Food and Drug Administration, 10903
New Hampshire Ave., Bldg. 75, Rm. 4714, Silver Spring, MD 20993-0002,
301-

796-2398 and/or [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    In the Federal Register of June 11, 2010 (75 FR 33311), FDA
announced the availability of a guidance for industry entitled
``Bioequivalence Recommendations for Specific Products'' that explained
the process that would be used to make product-specific guidances
available to the public on FDA's website at https://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm.
    As described in that guidance, FDA adopted this process as a means
to develop and disseminate product-specific guidances and provide a
meaningful opportunity for the public to consider and comment on those
guidances. Under that process, draft guidances are posted on FDA's
website and announced periodically in the Federal Register. The public
is encouraged to submit comments on those recommendations within 60
days of their announcement in the Federal Register. FDA considers any
comments received and either publishes final guidances or publishes
revised draft guidances for comment. Guidances were last announced in
the Federal Register on August 3, 2022 (87 FR 47425).
    This notice announces new and revised draft product-specific
guidances that are being posted on FDA's website concurrently with
FDA's draft guidances for industry entitled ``Physicochemical and
Structural (Q3) Characterization of Topical Drug Products Submitted in
ANDAs,'' ``In Vitro Permeation Test Studies for Topical Drug Products
Submitted in ANDAs,'' and ``In Vitro Release Test Studies for Topical
Drug Products Submitted in ANDAs.'' FDA recommends that applicants
consult the relevant product-specific guidance, in conjunction with the
guidances referenced above, when considering the design and conduct of
studies supporting an evaluation of BE for locally acting, liquid-based
and/or other semisolid products applied to the skin, as well as
integumentary and mucosal (e.g., vaginal) membranes.

II. Drug Products for Which New Draft Product-Specific Guidances Are
Available

    FDA is announcing the availability of new draft product-specific
guidances for industry for drug products containing the following
active ingredients:

     Table 1--New Draft Product-Specific Guidances for Drug Products
------------------------------------------------------------------------
                          Active ingredient(s)
-------------------------------------------------------------------------
Abametapir
Acyclovir; Hydrocortisone
Betamethasone dipropionate; Calcipotriene
Fluorouracil
Halobetasol propionate
Nitroglycerin
Tazarotene
Tirbanibulin
------------------------------------------------------------------------

III. Drug Products for Which Revised Draft Product-Specific Guidances
Are Available

    FDA is announcing the availability of revised draft product-
specific guidances for industry for drug products containing the
following active ingredients:

   Table 2--Revised Draft Product-Specific Guidances for Drug Products
------------------------------------------------------------------------
                          Active ingredient(s)
-------------------------------------------------------------------------
Acyclovir (multiple reference listed drugs)
Adapalene (multiple reference listed drugs)
Adapalene; Benzoyl peroxide (multiple reference listed drugs)
Benzyl alcohol
Betamethasone dipropionate; Calcipotriene (multiple reference listed
 drugs)
Bexarotene
Butenafine hydrochloride (multiple reference listed drugs)
Calcipotriene (multiple reference listed drugs)
Clindamycin phosphate (multiple reference listed drugs)
Clindamycin phosphate; Tretinoin (multiple reference listed drugs)
Crisaborole
Crotamiton (multiple reference listed drugs)
Dapsone (multiple reference listed drugs)
Diclofenac sodium (multiple reference listed drugs)
Docosanol
Doxepin hydrochloride
Erythromycin
Fluocinolone acetonide
Fluorouracil (multiple reference listed drugs)
Gentamicin sulfate (multiple reference listed drugs)
Hydrocortisone
Ivermectin (multiple reference listed drugs)
Ketoconazole (multiple reference listed drugs)
Luliconazole
Metronidazole (multiple reference listed drugs)
Mupirocin
Mupirocin calcium
Nystatin (multiple reference listed drugs)
Nystatin; Triamcinolone acetonide (multiple reference listed drugs)
Oxymetazoline hydrochloride
Ozenoxacin
Penciclovir
Pimecrolimus
Podofilox
Silver sulfadiazine
Spinosad
Tacrolimus (multiple reference listed drugs)
Tazarotene (multiple reference listed drugs)
Tretinoin (multiple reference listed drugs)
Triamcinolone acetonide (multiple reference listed drugs)
------------------------------------------------------------------------

    For a complete history of previously published Federal Register
notices related to product-specific guidances, go to https://www.regulations.gov and enter Docket No. FDA-2007-D-0369.
    These draft guidances are being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). These draft guidances,
when finalized, will represent the current thinking of FDA on, among
other things, the product-specific design of BE studies to support
ANDAs. They do not establish any rights for any person and are not
binding on FDA or the public. You can use an alternative approach if it
satisfies the requirements of the applicable statutes and regulations.

III. Paperwork Reduction Act of 1995

    FDA tentatively concludes that these draft guidances contain no
collection of information. Therefore, clearance by the Office of
Management and Budget under the Paperwork Reduction Act of 1995 is not
required.

IV. Electronic Access

    Persons with access to the internet may obtain the draft guidances
at https://www.fda.gov/drugs/guidance-compliance-regulatory-information/guidances-drugs, https://www.fda.gov/regulatory-information/search-fda-guidance-documents, or https://www.regulations.gov.

    Dated: October 18, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022-23015 Filed 10-21-22; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register: December 11, 2009 (Volume 74, Number 237)]
[Rules and Regulations]
[Page 65682-65684]
[DOCID:fr11de09-3]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1118; Directorate Identifier 2008-SW-60-AD;
Amendment 39-16126; AD 2009-25-07]
RIN 2120-AA64

Airworthiness Directives; Eurocopter France Model EC120B
Helicopters

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

ACTION: Final rule; request for comments.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for the
Eurocopter France (ECF) Model EC120B helicopters. This AD results from
a mandatory continuing airworthiness information (MCAI) AD issued by
the European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community. The MCAI AD
states that operators have reported that latching push buttons on the
Emergency Floatation Gear Lighting and Ancillary Control Unit (LACU)
used to arm the emergency floatation gear are unreliable, and the
`FLOAT ARM' pushbutton does not latch in the depressed (LACU armed)
position. These actions are intended to prohibit flight over water if a
functional test indicates that the emergency floatation gear cannot be
armed, which would preclude deployment of the floats in an emergency
water ditching that could result in helicopter damage and a fatality.

DATES: This AD becomes effective on December 28, 2009.
    We must receive comments on this AD by February 9, 2010.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting your
comments electronically.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    You may get the service information identified in this AD from
American Eurocopter Corporation, 2701 Forum Drive, Grand Prairie, TX
75053-4005, telephone<PHONE_NUMBER>, fax<PHONE_NUMBER>, or at http://
www.eurocopter.com.
    Examining the 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 AD, the economic evaluation, any
comments received, and other information. The street address for the
Docket Operations office (telephone<PHONE_NUMBER>) is stated in the
ADDRESSES section of this AD. Comments will be available in the AD
docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: DOT/FAA Southwest Region, J. R.
Holton, Jr., ASW-112, Aviation Safety Engineer, Rotorcraft Directorate,
Safety Management Group, 2601 Meacham Blvd., Fort Worth, Texas 76137,
telephone<PHONE_NUMBER>, fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    EASA, which is the Technical Agent for the Member States of the
European Community, has issued EASA AD No. 2008-0177-E, dated September
19, 2008, to correct an unsafe condition for the ECF Model EC120B
helicopters.
    The MCAI AD states that operators have reported unreliability of
the latching push buttons on the Emergency Floatation LACU including
the `FLOAT ARM' pushbutton used to arm the emergency floatation gear
and failure of the light to illuminate properly. Investigations have
revealed the anomaly may be due to the bonding of these pushbuttons.
Design improvements for the pushbuttons are currently in progress. The
MCAI AD states that a repetitive in-flight functional check of the
`FLOAT ARM' pushbutton before flying over water is necessary. If the
pushbutton fails to latch in the depressed position, the MCAI AD
prohibits further flight over water until the `FLOAT ARM' pushbutton is
replaced with an airworthy unit. These actions are intended to prohibit
flight over water if a functional test indicates that the emergency
floatation gear cannot be armed, which would preclude deployment of the
floats in an emergency water ditching that could result in helicopter
damage and a fatality.
    You may obtain further information by examining the MCAI AD and any

related service information in the AD docket.

Related Service Information

    ECF has issued Emergency Alert Service Bulletin No. 04A007, on
September 18, 2008 (ASB). The ASB specifies a pre-flight check before
each flight. The ASB also specifies arming the emergency floatation
gear by pressing the ``FLOAT ARM'' pushbutton and reducing speed in
accordance with the Rotorcraft Flight Manual Supplement (RFMS) 9.17 to
determine if both lights remain lit. If both lights remain lit, the ASB
specifies continuing the flight. If both lights do not remain lit, the
ASB specifies that flying over water is prohibited and specifies
replacing the pushbutton with an airworthy pushbutton before the next
flight over water. The actions described in the MCAI AD are intended to
correct the same unsafe condition as that identified in the ASB.

FAA's Evaluation and Unsafe Condition Determination

    The ECF Model EC120B helicopter has been approved by the aviation
authority of France and is approved for operation in the United States.
Pursuant to our bilateral agreement with France, EASA, their technical
agent, has notified us of the unsafe condition described in the MCAI
AD. We are issuing 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 helicopters of the same type
design.

Differences Between This AD and the MCAI AD

    We require adding the limitations to the Limitations section of the
RFMS not the basic Rotorcraft Flight Manual. We also allow inserting a
copy of this AD in the RFMS or making pen and ink changes to the
language in the RFMS. Also, we clarified the wording used to describe
the functional check.

Costs of Compliance

    We estimate that this AD will affect about 153 Model EC120B
helicopters of U.S. registry. We also estimate that it will take about
1 work-hour per helicopter to replace the pushbutton. The cost of
revising the limitations section of the RFMS and of the pre-flight
functional check is negligible. The average labor rate is $80 per work-
hour. Required parts will cost about $190 per pushbutton. Based on
these figures, we estimate the cost of this AD on U.S. operators will
be $41,310 per helicopter, assuming the pushbutton is replaced on each
helicopter.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. We find that the risk to the flying public justifies waiving
notice and comment prior to adoption of this rule because revising the
RFMS is required before further flight and a pre-flight functional
check before each flight over water. Therefore, we have determined that
notice and opportunity for public comment before issuing this AD are
impracticable and that good cause exists for making this amendment
effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. However, we invite you to send us any written data, views, or
arguments concerning this AD. Send your comments to an address listed
under the ADDRESSES section of this AD. Include ``Docket No. FAA-2009-
1118; Directorate Identifier 2008-SW-60-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this AD. We will
consider all comments received by the closing date and may amend this
AD because of 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 we
receive about this AD.

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 product(s) identified in this
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    Therefore, I certify this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); 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 an economic evaluation of the estimated costs to comply
with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2009-25-07 Eurocopter France: Amendment 39-16126. Docket No. FAA-
2009-1118; Directorate Identifier 2008-SW-60-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective on
December 28, 2009.

Other Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model EC120B helicopters, with an
Emergency Floatation Gear Lighting and Ancillary Control Unit
``LACU'', part number (P/N) 040101AB, installed, certificated in any
category.

Reason

    (d) The mandatory continuing airworthiness information (MCAI) AD
states that operators have reported unreliability of the latching
push buttons on the LACU including the `FLOAT ARM' pushbutton used
to arm the emergency floatation gear

and failure of the lights to illuminate properly. These actions are
intended to prohibit flight over water if a functional test
indicates that the emergency floatation gear cannot be armed, which
would preclude deployment of the floats in an emergency water
ditching that could result in helicopter damage or a fatality.

Actions and Compliance

    (e) Required as indicated, unless already accomplished.
    (1) Before further flight, amend the EC120B Rotorcraft Flight
Manual Supplement (RFMS), Document 9-17 for the Emergency
Floatation Gear Aerazur, by inserting a copy of this AD into the
Limitations section of the RFMS or making pen and ink changes to
that section as follows:

    ``Arm the emergency floatation gear by pressing the LACU `FLOAT
ARM' pushbutton.

--If both lights of the pushbutton remain lit, flight over water is
permitted.
--If one or both lights of the pushbutton do not remain lit, FLIGHT
OVER WATER IS PROHIBITED.''

    (2) Before each flight over water, perform a functional check to
determine whether flight over water is permitted under the
Limitations section in paragraph (e)(1) of this AD. For purposes of
this AD, ``flight over water'' means flight beyond the power-off
gliding distance from shore. ``Shore'' is an area of land adjacent
to the water and above the high water mark but does not include land
area that is intermittently under water.
    (3) If the LACU fails the functional check required by paragraph
(e)(2) of this AD, place a placard over the ``FLOAT ARM'' pushbutton
that reads ``INOP.''
    (4) The functional check required by paragraph (e)(2) may be
performed by an owner/operator (pilot) holding at least a private
pilot certificate because no special tools are required. The check
must be entered into the aircraft records showing compliance with
paragraph (e)(2) of this AD in accordance with the requirements of
14 CFR sections 43.11 and 91.417(a)(2)(v).

Differences Between This AD and the MCAI AD

    (f) We require adding the limitations to the Limitations section
of the RFMS not the basic RFM. We also allow inserting a copy of
this AD in the RFMS or making pen and ink changes to the language in
the RFMS. We changed the wording used to describe the functional
check.

Other Information

    (g) Alternative Methods of Compliance (AMOCs): The Manager,
Safety Management Group, ATTN: DOT/FAA Southwest Region, J. R.
Holton, Jr., ASW-112, Aviation Safety Engineer, Rotorcraft
Directorate, 2601 Meacham Blvd., Fort Worth, Texas 76137, telephone
(817) 222-4964, fax<PHONE_NUMBER>, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19.
    (h) Special flight permits may be issued for a single flight in
accordance with sections 14 CFR 21.197 and 21.199 to operate the
helicopter to a location where the requirements of this AD can be
accomplished provided there are no passengers on board and the
helicopter is not flown over water.

Related Information

    (i) The European Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Community,
EASA AD No. 2008-0177-E, dated September 19, 2008, and Eurocopter
France Emergency Alert Service Bulletin No. 04A007, dated September
18, 2008, contain related information.

Joint Aircraft System/Component (JASC) Tracking Code

    (j) JASC Code 2560: Emergency Equipment.

    Issued in Fort Worth, Texas, on November 18, 2009.
Gary B. Roach,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. E9-29426 Filed 12-10-09; 8:45 am]

BILLING CODE 4910-13-P