[Federal Register Volume 87, Number 203 (Friday, October 21, 2022)]
[Notices]
[Pages 64079-64080]
[FR Doc No: 2022-22943]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2022-0396; Control Number 1625-0065]

Collection of Information Under Review by Office of Management
and Budget OMB

AGENCY: Coast Guard, DHS.

ACTION: Thirty-day notice requesting comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995 the
U.S. Coast Guard is forwarding an Information Collection Request (ICR),
abstracted below, to the Office of Management and Budget (OMB), Office
of Information and Regulatory Affairs (OIRA), requesting an extension
of its approval for the following collection of information: 1625-0065,
Offshore Supply Vessels; without change. Our ICR describes the
information we seek to collect from the public. Review and comments by
OIRA ensure we only impose paperwork burdens commensurate with our
performance of duties.

DATES: You may submit comments to the Coast Guard and OIRA on or before
November 21, 2022.

ADDRESSES: Comments to the Coast Guard should be submitted using the
Federal eRulemaking Portal at https://www.regulations.gov. Search for
docket number [USCG-2022-0396]. Written comments and recommendations to
OIRA for the proposed information collection should be sent within 30
days of publication of this notice to https://www.reginfo.gov/public/do/PRAMain.
    Find this particular information collection by selecting
``Currently under 30-day Review--Open for Public Comments'' or by using
the search function.
    A copy of the ICR is available through the docket on the internet
at https://www.regulations.gov. Additionally, copies are available
from: Commandant (CG-6P), Attn: Paperwork Reduction Act Manager, U.S.
Coast Guard, 2703 Martin Luther King Jr. Ave. SE, Stop 7710,
Washington, DC 20593-7710.

FOR FURTHER INFORMATION CONTACT: A.L. Craig, Office of Privacy
Management, telephone<PHONE_NUMBER>, or fax<PHONE_NUMBER>, for questions
on these documents.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    This notice relies on the authority of the Paperwork Reduction Act
of 1995; 44 U.S.C. 3501 et seq., chapter 35, as amended. An ICR is an
application to OIRA seeking the approval, extension, or renewal of a
Coast Guard collection of information (Collection). The ICR contains
information describing the Collection's purpose, the Collection's
likely burden on the affected public, an explanation of the necessity
of the Collection, and other important information describing the
Collection. There is one ICR for each Collection.
    The Coast Guard invites comments on whether this ICR should be
granted based on the Collection being necessary for the proper
performance of Departmental functions. In particular, the Coast Guard
would appreciate comments addressing: (1) the practical utility of the
Collection; (2) the accuracy of the estimated burden of the Collection;
(3) ways to enhance the quality, utility, and clarity of information
subject to the Collection; and (4) ways to minimize the burden of the
Collection on respondents, including the use of automated collection
techniques or other forms of information technology. These comments
will help OIRA determine whether to approve the ICR referred to in this
Notice.
    We encourage you to respond to this request by submitting comments
and related materials. Comments to Coast Guard or OIRA must contain the
OMB Control Number of the ICR. They must also contain the docket number
of this request, [USCG-2022-0396], and must be received by November 21,
2022.

Submitting Comments

    We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions. Documents mentioned in this notice, and all public
comments, are in our online docket at https://www.regulations.gov and
can be viewed by following that website's instructions. Additionally,
if you go to the online docket and sign up for email alerts, you will
be notified when comments are posted.
    We accept anonymous comments. All comments to the Coast Guard will
be posted without change to https://www.regulations.gov and will
include any personal information you have provided. For more about
privacy and submissions to the Coast Guard in response to this
document, see DHS's eRulemaking System of Records notice (85 FR 14226,
March 11, 2020). For more about privacy and submissions to OIRA in
response to this document, see the https://www.reginfo.gov, comment-
submission web page. OIRA posts its decisions on ICRs online at https://www.reginfo.gov/public/do/PRAMain after the comment period for each
ICR. An OMB Notice of Action on each ICR will become available via a
hyperlink in the OMB Control Number: 1625-0065.

Previous Request for Comments

    This request provides a 30-day comment period required by OIRA. The
Coast Guard published the 60-day notice (87 FR 41140, July 11, 2022)
required by 44 U.S.C. 3506(c)(2). That notice elicited no comments.
Accordingly, no changes have been made to the Collection.

Information Collection Request

    Title: Offshore Supply Vessels.
    OMB Control Number: 1625-0065.
    Summary: 46 U.S.C. 3301, 3305, 3306, 3306, 3307, and 3308 authorize
the Coast Guard to prescribe safety regulations. 46 CFR part 126
promulgates marine safety regulations for offshore supply vessels
(OSV).
    Need: The OSV posting/marking requirements are needed to provide
instructions to those onboard of actions to be taken in the event of an
emergency.
    The reporting/recordkeeping requirements verify compliance with
regulations without Coast Guard presence to witness routine matters,
including OSVs based overseas as an alternative to Coast Guard
inspection.
    Forms: None.
    Respondents: Owners and operators of vessels.
    Frequency: On occasion.
    Hour Burden Estimate: The estimated burden has decreased from 1,230
hours to 718 hours a year, due to a decrease in the estimated annual
number of respondents.

    Authority:  The Paperwork Reduction Act of 1995; 44 U.S.C. et
seq., chapter 35, as amended.

    Dated: September 20, 2022.
Kathleen Claffie,
Chief, Office of Privacy Management, U.S. Coast Guard.
[FR Doc. 2022-22943 Filed 10-20-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 76, Number 223 (Friday, November 18, 2011)]
[Notices]
[Pages 71581-71582]
[FR Doc No: 2011-29810]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[USCG-2011-0843]

Collection of Information Under Review by Office of Management
and Budget

AGENCY: Coast Guard, DHS.

ACTION: Thirty-day notice requesting comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995 the
U.S. Coast Guard is forwarding Information Collection Requests (ICRs),
abstracted below, to the Office of Management and Budget (OMB), Office
of Information and Regulatory Affairs (OIRA), requesting approval of a
revision to the following collections of information: 1625-0037,
Certificates of Compliance, Boiler/Pressure Vessel Repairs, Cargo Gear
Records, and Shipping Papers, 1625-0041, Various International
Agreement Pollution Prevention Certificates and Documents, and
Equivalency Certificates, 1625-0042, Requirements for Lightering of Oil
and Hazardous Material Cargoes, and 1625-0044, Outer Continental Shelf
Activities--Title 33 CFR Subchapter N. Our ICRs describe the
information we seek to collect from the public. Review and comments by
OIRA ensure we only impose paperwork burdens commensurate with our
performance of duties.

DATES: Comments must reach the Coast Guard and OIRA on or before
December 19, 2011.

ADDRESSES: You may submit comments identified by Coast Guard docket
number [USCG-2011-0843] to the Docket Management Facility (DMF) at the
U.S. Department of Transportation (DOT) and/or to OIRA. To avoid
duplicate submissions, please use only one of the following means:
    (1) Online: (a) To Coast Guard docket at http://www.regulations.gov. (b) To OIRA by email via<EMAIL_ADDRESS>    (2) Mail: (a) DMF (M-30), DOT, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. (b) To
OIRA, 725 17th Street NW., Washington, DC 20503, attention Desk Officer
for the Coast Guard.
    (3) Hand Delivery: To DMF address above, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The telephone number is
(202) 366-9329.
    (4) Fax: (a) To DMF,<PHONE_NUMBER>. (b) To OIRA at<PHONE_NUMBER>.
To ensure your comments are received in a timely manner, mark the fax,
attention Desk Officer for the Coast Guard.
    The DMF maintains the public docket for this Notice. Comments and
material received from the public, as well as documents mentioned in
this Notice as being available in the docket, will become part of the
docket and will be available for inspection or copying at room W12-140
on the West Building Ground Floor, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. You may also find the docket on the Internet
at  http://www.regulations.gov.
    Copies of the ICRs are available through the docket on the Internet
at http://www.regulations.gov. Additionally, copies are available from:
Commandant (CG-611), Attn: Paperwork Reduction Act Manager, U.S. Coast
Guard, 2100 2nd St. SW., STOP 7101, Washington, DC 20593-7101.

FOR FURTHER INFORMATION CONTACT: Ms. Kenlinishia Tyler, Office of
Information Management, telephone<PHONE_NUMBER> or fax<PHONE_NUMBER>,
for questions on these documents. Contact Ms. Renee V. Wright, Program
Manager, Docket Operations,<PHONE_NUMBER>, for questions on the
docket.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    This Notice relies on the authority of the Paperwork Reduction Act
of 1995; 44 U.S.C. chapter 35, as amended. An ICR is an application to
OIRA seeking the approval, extension, or renewal of a Coast Guard
collection of information (Collection). The ICR contains information
describing the Collection's purpose, the Collection's likely burden on
the affected public, an explanation of the necessity of the Collection,
and other important information describing the Collections. There is
one ICR for each Collection.
    The Coast Guard invites comments on whether these ICRs should be
granted based on the Collections being necessary for the proper
performance of Departmental functions. In particular, the Coast Guard
would appreciate comments addressing: (1) The practical utility of the
Collections; (2) the accuracy of the estimated burden of the
Collections; (3) ways to enhance the quality, utility, and clarity of
information subject to the Collections; and (4) ways to minimize the
burden of the Collections on respondents, including the use of
automated collection techniques or other forms of information
technology. These comments will help OIRA determine whether to approve
the ICRs referred to in this Notice.
    We encourage you to respond to this request by submitting comments
and related materials. Comments to Coast Guard or OIRA must contain the
OMB Control Number of the ICR. They must also contain the docket number
of this request, [USCG 2011-0843], and must be received by December 19,
2011. We will post all comments received, without change, to http://

www.regulations.gov. They will include any personal information you
provide. We have an agreement with DOT to use their DMF. Please see the
``Privacy Act'' paragraph below.

Submitting Comments

    If you submit a comment, please include the docket number [USCG-
2011-0843], indicate the specific section of the document to which each
comment applies, providing a reason for each comment. If you submit a
comment online via http://www.regulations.gov, 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
DMF. We recommend you include your name, mailing address, an email
address, or other contact information in the body of your document so
that we can contact you if we have questions regarding your submission.
    You may submit comments and material by electronic means, mail,
fax, or delivery to the DMF at the address under ADDRESSES, but please
submit them by only one means. To submit your comment online, go to
http://www.regulations.gov, and type ``USCG-2011-0843'' in the
``Keyword'' box. 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 will address them accordingly.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this Notice as
being available in the docket, go to http://www.regulations.gov, click
on the ``read comments'' box, which will then become highlighted in
blue. In the ``Keyword'' box insert ``USCG-2011-0843'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the DMF in Room W12-140 on the ground floor of the
DOT West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
    OIRA posts its decisions on ICRs online at http://www.reginfo.gov/public/do/PRAMain after the comment period for each ICR. An OMB Notice
of Action on each ICR will become available via a hyperlink in the OMB
Control Numbers: 1625-0037, 1625-0041, 1625-0042 and 1625-0044.

Privacy Act

    Anyone can search the electronic form of comments received in
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 statement
regarding Coast Guard public dockets in the January 17, 2008, issue of
the Federal Register (73 FR 3316).

Previous Request for Comments

    This request provides a 30-day comment period required by OIRA. The
Coast Guard published the 60-day notice (76 FR 56208, September 12,
2011) required by 44 U.S.C. 3506(c)(2). That Notice elicited no
comments.

Information Collection Request

    1. Title: Certificates of Compliance, Boiler/Pressure Vessel
Repairs, Cargo Gear Records, and Shipping Papers.
    OMB Control Number: 1625-0037.
    Type of Request: Revision of a currently approved collection.
    Respondents: Owners and operators of vessels.
    Abstract: This information is needed to enable the Coast Guard to
fulfill its responsibilities for maritime safety under Title 46, U.S.
Code. It is solely for this purpose. The affected public includes some
owners or operators of large merchant vessels and all foreign-flag
tankers calling at U.S. ports.
    Forms: CG-3585.
    Burden Estimate: The estimated burden has decreased from 17,294
hours to 14,725 hours a year.
    2. Title: Various International Agreement Pollution Prevention
Certificates and Documents, and Equivalency Certificates.
    OMB Control Number: 1625-0041.
    Type of Request: Revision of a currently approved collection.
    Respondents: Owners, operators, or masters of vessels.
    Abstract: Required by the adoption of the International Convention
for the Prevention of Pollution from Ships (MARPOL 73/78) and other
international treaties, these certificates and documents are evidence
of compliance for U.S. vessels on international voyages. Without the
proper certificates or documents, a U.S. vessel could be detained in a
foreign port.
    Forms: CG-5352, CG-5352A, CG-5352B, CG-6047, CG-6047A, CG-6056, CG-
6056A, CG-6056B, CG-6056C and CG-6057.
    Burden Estimate: The estimated burden has increased from 2,067
hours to 2,738 hours a year.
    3. Title: Requirements for Lightering of Oil and Hazardous Material
Cargoes.
    OMB Control Number: 1625-0042.
    Type of Request: Revision of a currently approved collection.
    Respondents: Owners, masters and agents of lightering vessels.
    Abstract: The information for this report allows the U.S. Coast
Guard to provide timely response to an emergency and minimize the
environmental damage from an oil or hazardous material spill. The
information also allows the Coast Guard to control the location and
procedures for lightering activities.
    Forms: None.
    Burden Estimate: The estimated burden has increased from 215 hours
to 217 hours a year.
    4. Title: Outer Continental Shelf Activities--Title 33 CFR
Subchapter N.
    OMB Control Number: 1625-0044.
    Type of Request: Revision of a currently approved collection.
    Respondents: Operators of facilities and vessels engaged in
activities on the OCS.
    Abstract: The Outer Continental Shelf Lands Act, as amended,
authorizes the Coast Guard to promulgate and enforce regulations
promoting the safety of life and property on OCS facilities. These
regulations are located in 33 CFR chapter I subchapter N.
    Forms: CG-5432.
    Burden Estimate: The estimated burden has increased from 6,234
hours to 6,304 hours a year.

    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C.
chapter 35, as amended.

    Dated: November 10, 2011.
R.E. Day,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Command,
Control, Communications, Computers and Information Technology.
[FR Doc. 2011-29810 Filed 11-17-11; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 85, Number 198 (Tuesday, October 13, 2020)]
[Notices]
[Page 64607]
[FR Doc No: 2020-22514]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration Aviation Rulemaking Advisory
Committee; Meeting

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of Aviation Rulemaking Advisory Committee (ARAC)
meeting.

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SUMMARY: This notice announces a meeting of the ARAC.

DATES: The meeting will be held on Thursday, December 10, 2020, from
1:00 p.m. to 4:00 p.m. Eastern Standard Time.
    Requests to attend the meeting must be received by Monday, November
23, 2020.
    Requests for accommodations to a disability must be received by
Monday, November 30, 2020.
    Requests to submit written materials to be reviewed during the
meeting must be received no later than Monday, November 23, 2020.

ADDRESSES: The meeting will be held virtually. Members of the public
who wish to observe the meeting must RSVP by emailing<EMAIL_ADDRESS>General committee information including copies of the
meeting minutes will be available on the FAA Committee website at
https://www.faa.gov/regulations_policies/rulemaking/committees/documents/.

FOR FURTHER INFORMATION CONTACT: Lakisha Pearson, Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591,
telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>Any committee-
related request should be sent to the person listed in this section.

SUPPLEMENTARY INFORMATION:

I. Background

    The ARAC was created under the Federal Advisory Committee Act
(FACA), in accordance with Title 5 of the United States Code (5 U.S.C.
App. 2) to provide advice and recommendations to the FAA concerning
rulemaking activities, such as aircraft operations, airman and air
agency certification, airworthiness standards and certification,
airports, maintenance, noise, and training.

II. Agenda

    At the meeting, the agenda will cover the following topics:
 Status Report from the FAA
 Status Updates:
    [cir] Active Working Groups
    [cir] Transport Airplane and Engine (TAE) Subcommittee
 Recommendation Reports
 Any Other Business

    Detailed agenda information will be posted on the FAA Committee
website address listed in the ADDRESSES section at least one week in
advance of the meeting.

III. Public Participation

    The meeting will be open to the public on a first-come, first-
served basis, as space is limited. Please confirm your attendance with
the person listed in the FOR FURTHER INFORMATION CONTACT section.
Please provide the following information: Full legal name, country of
citizenship, and name of your industry association, or applicable
affiliation. If you are attending as a public citizen, please indicate
so.
    For persons participating by telephone, please contact the person
listed in the FOR FURTHER INFORMATION CONTACT section by email or phone
for the teleconference call-in number and passcode. Callers are
responsible for paying long-distance charges.
    The U.S. Department of Transportation is committed to providing
equal access to this meeting for all participants. If you need
alternative formats or services because of a disability, such as sign
language, interpretation, or other ancillary aids, please contact the
person listed in the FOR FURTHER INFORMATION CONTACT section.
    The FAA is not accepting oral presentations at this meeting due to
time constraints. Any member of the public may present a written
statement to the committee at any time. The public may present written
statements to the Aviation Rulemaking Advisory Committee by providing a
copy to the Designated Federal Officer via the email listed in the FOR
FURTHER INFORMATION CONTACT section.

    Issued in Washington, DC, on October 2, 2020.
Brandon Roberts,
Executive Director Office of Rulemaking.
[FR Doc. 2020-22514 Filed 10-9-20; 8:45 am]
BILLING CODE 4910-13-P


1352 Federal Register / Vol. 68, No. 6 / Thursday, January 9, 2003 / Proposed Rules ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 112 [ FRL   7437   4]

RIN 2050   AC62 Oil Pollution Prevention and Response; Non Transportation Related Onshore and Offshore Facilities AGENCY: Environmental Protection Agency ( EPA). ACTION: Proposed rule.

SUMMARY: The Environmental Protection Agency ( EPA or we) is proposing to extend, by one year, the dates for a facility to amend its Spill Prevention, Control, and Countermeasure ( SPCC) Plan, and implement the amended Plan ( or, in the case of facilities becoming operational after August 16, 2002, prepare and implement a Plan that complies with the newly amended requirements). We are proposing this extension to prevent the flood of individual extension requests it has become apparent we will otherwise receive.

DATES: Written comments must be received by January 29, 2003. ADDRESSES: The docket for this rulemaking is located in the EPA Docket Center at 1301 Constitution Ave., NW., EPA West, Suite B   102, Washington, DC 20460. The docket number for the proposed rule is OPA   2002   001. The docket is contained in the EPA Docket Center and is available for inspection by appointment only, between the hours of 8: 30 a. m. and 4: 30 p. m., Monday through Friday, excluding legal holidays. You may make an appointment to view the docket by calling 202   566   0276. You may copy a maximum of 100 pages from any regulatory docket at no cost. If the number of pages exceeds 100, however, we will charge you $ 0.15 for each page after 100. The docket will mail copies of materials to you if you are outside of the Washington, DC metropolitan area.

FOR FURTHER INFORMATION CONTACT: For general information, contact the RCRA/ CERCLA Call Center at 800   424   9346 or TDD 800   553   7672 ( hearing impaired). In the Washington, DC metropolitan area, call 703   412   9810 or TDD 703   412   3323. For more detailed information on specific aspects of this proposed rule, contact Hugo Paul Fleischman at 703   603   8769 ( fleischman. hugo@ epa. gov); or Mark W. Howard at 703   603   8715 ( howard. markw@ epa. gov), U. S. Environmental Protection Agency, 1200 Pennsylvania Avenue, NW, Washington, DC 20460   0002, Mail Code 5203G. SUPPLEMENTARY INFORMATION: This proposal concerns a one year extension of the deadlines in 40 CFR 112.3( a) and ( b). The contents of this preamble are as follows:

I. General Information II. Entities Affected by This Rule III. Statutory Authority IV. Background V. Today's Action VI. Statutory and Executive Order Reviews I. General Information Introduction. For the reasons explained in section V of this document, the Environmental Protection Agency ( EPA or we) is proposing to extend, for one year, the dates in 40 CFR 112.3( a) and ( b) for a facility to amend its Spill Prevention, Control, and Countermeasure ( SPCC) Plan and implement the amended Plan ( or, in the case of facilities becoming operational after August 16, 2002, prepare and implement a Plan that complies with the newly amended requirements). During the period of the proposed extension, if it is finalized, it will not be necessary for a facility owner or operator to file an extension request pursuant to § 112.3( f). Furthermore, for facilities that have already applied for an extension pursuant to § 112.3( f), if this extension is finalized, it should render such requests moot. We will address all public comments in a final rule based on this proposed rule. Any parties interested in commenting should do so at this time.

A. How Can I Get Copies of the Background Materials Supporting Today's Proposed Rule or Other Related Information? 1. EPA has established an official public docket for this proposed rule under Docket ID No. OPA   2002   001. The official public docket consists of the documents specifically referenced in this proposed rule and other information related to this proposed rule. Although a part of the official docket, the public docket does not include Confidential Business Information ( CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the EPA Docket Center located at 1301 Constitution Ave. NW., EPA West Building, Room B   102, Washington, DC 20004. This Docket Facility is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding federal holidays. To review docket materials, it is recommended that the public make an appointment by calling ( 202) 566   0276. The public may copy a maximum of 100 pages from any regulatory docket at no charge. Additional copies cost $ 0.15/ page. 2. Electronic Access. You may access this Federal Register document electronically through the EPA Internet under the `` Federal Register'' listings at http:// www. epa. gov/ fedrgstr. You may use EPA Dockets at http:// www. epa. gov/ edocket/ to access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Once in the system, select `` search,'' then key in the docket identification number. Certain types of information will not be placed in the EPA Dockets. Information claimed as CBI, and other information whose disclosure is restricted by statute, which is not included in the official public docket, will not be available for public viewing in EPA's electronic public docket. EPA's policy is that copyrighted material will not be placed in EPA's electronic public docket but will be available only in printed, paper form in the official public docket. To the extent feasible, publicly available docket materials will be made available in EPA's electronic public docket. When a document is selected from the index list in EPA Dockets, the system will identify whether the document is available for viewing in EPA's electronic public docket. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified above. For public commenters, it is important to note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing in EPA's electronic public docket as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in EPA's electronic public docket. The entire printed comment, including the copyrighted material, will be available in the public docket. Public comments submitted on computer disks that are mailed or delivered to the docket will be transferred to EPA's electronic public docket. Public comments that are mailed or delivered to the Docket will be scanned and placed in EPA's electronic public docket. Where VerDate Dec< 13> 2002 16: 32 Jan 08, 2003 Jkt 200001 PO 00000 Frm 00001 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 09JAP3. SGM 09JAP3 1353 Federal Register / Vol. 68, No. 6 / Thursday, January 9, 2003 / Proposed Rules practical, physical objects will be photographed, and the photograph will be placed in EPA's electronic public docket along with a brief description written by the docket staff. For additional information about EPA's electronic public docket visit EPA Dockets online or see 67 FR 38102, May 31, 2002.

B. How and To Whom Do I Submit Comments?

You may submit comments electronically, by mail, or through hand delivery/ courier. To ensure proper receipt by EPA, identify the appropriate docket identification number in the subject line on the first page of your comment. Please ensure that your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked `` late.'' EPA will not consider late comments. 1. Electronically. If you submit an electronic comment as prescribed below, EPA recommends that you include your name, mailing address, and an e mail address or other contact information in the body of your comment. Also include this contact information on the outside of any disk or CD ROM you submit, and in any cover letter accompanying the disk or CD ROM. This ensures that you can be identified as the party submitting the comment and allows EPA to contact you in case EPA cannot read your comment due to technical difficulties or needs further information on the substance of your comment. EPA's policy is that EPA will not edit your comment, and any identifying or contact information provided in the body of a comment will be included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Your use of EPA's electronic public docket to submit comments to EPA electronically is EPA's preferred method for receiving comments. Go directly to EPA Dockets at http:// www. epa. gov/ edocket, and follow the online instructions for submitting comments. To access EPA's electronic public docket from the EPA Internet Home Page, select `` Information Sources,'' `` Dockets,'' and `` EPA Dockets.'' Once in the system, select `` search,'' and then key in Docket ID No. OPA   2002   001. The system is an `` anonymous access'' system, which means EPA will not know your identity, e mail address, or other contact information unless you provide it in the body of your comment. 2. E mail. Comments may be sent by electronic mail ( e mail) to Superfund. Docket@ epamail. epa. gov. Make sure this electronic copy is in an ASCII format that does not use special characters or encryption. Cite the docket Number OPA   2002   001 in your electronic file. In contrast to EPA's electronic public docket, EPA's e mail system is not an `` anonymous access'' system. If you send an e mail comment directly to the Docket without going through EPA's electronic public docket, EPA's e mail system automatically captures your e mail address. E mail addresses that are automatically captured by EPA's e mail system are included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. 3. Disk or CD ROM. You may submit comments on a disk or CD ROM that you mail to the mailing address identified above. These electronic submissions will be accepted in WordPerfect or ASCII file format. Avoid the use of special characters and any form of encryption. 4. By Mail. Send two ( 2) copies of your comments to: EPA Docket Center, U. S. Environmental Protection Agency Headquarters ( EPA, HQ), Mail Code 5305T, 1200 Pennsylvania Ave., NW., Washington, DC 20460, Attention Docket ID No. OPA   2002   001. 5. By Hand Delivery or Courier. Deliver your comments to: EPA Docket Center, EPA West Building, Room No. B   102, 1301 Constitution Ave., NW., Washington, DC 20004. Attention Docket ID No. OPA   2002   001. Such deliveries are only accepted during the Docket's normal hours of operation as identified above.

II. Entities Affected by This Rule Industry category NAICS code Crop and Animal Production ............................................................................................................................... 111   112 Crude Petroleum and Natural Gas Extraction .................................................................................................... 211111 Coal Mining, Non Metallic Mineral Mining and Quarrying .................................................................................. 2121/ 2123/ 213114/ 213116 Electric Power Generation, Transmission, and Distribution ................................................................................ 2211 Heavy Construction ............................................................................................................................................. 234 Petroleum and Coal Products Manufacturing ..................................................................................................... 324 Other Manufacturing ............................................................................................................................................ 31   33 Petroleum Bulk Stations and Terminals .............................................................................................................. 42271 Automotive Rental and Leasing .......................................................................................................................... 5321 Heating Oil Dealers ............................................................................................................................................. 454311 Transportation ( including Pipelines), Warehousing, and Marinas ...................................................................... 482   486/ 488112   48819/ 4883/ 48849/ 492   493/ 71393 Elementary and Secondary Schools, Colleges ................................................................................................... 6111   6113 Hospitals/ Nursing and Residential Care Facilities .............................................................................................. 622   623 The list of potentially affected entities in the above table may not be exhaustive. Our aim is to provide a guide for readers regarding those entities that EPA is aware potentially could be affected by this action. However, this action may affect other entities not listed in the table. If you have questions regarding the applicability of this action to a particular entity, consult the person listed in the preceding section entitled FOR FURTHER INFORMATION CONTACT.

III. Statutory Authority 33 U. S. C. 1251 et seq.; 33 U. S. C. 2720; E. O. 12777 ( October 18, 1991), 3 CFR, 1991 Comp., p. 351 IV. Background On July 17, 2002, at 67 FR 47042, EPA published final amendments to the Spill Prevention, Control, and Countermeasure ( SPCC) rule. The rule was effective August 16, 2002. The rule included dates in § 112.3( a) and ( b), by which a facility would have time to amend its SPCC Plan and implement its amended Plan ( note that for facilities becoming operational after August 16, 2002, the rule contains dates for the preparation and implementation of a Plan in compliance with the amended rule). In light of new information, we VerDate Dec< 13> 2002 16: 32 Jan 08, 2003 Jkt 200001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 09JAP3. SGM 09JAP3 1354 Federal Register / Vol. 68, No. 6 / Thursday, January 9, 2003 / Proposed Rules are proposing to extend those dates for a period of one year.

V. Today's Action EPA is proposing to extend by one year the compliance dates in § 112.3( a) and ( b). We are proposing this extension to allow affected facilities more time to comply with the rule. Since the promulgation of the amendments, the Agency has received numerous complaints that the deadlines in the rule do not allow enough time for the regulated community to undertake the actions necessary to update ( or prepare) their Plans in accordance with the amendments. Among the reasons given are that there is a shortage of Professional Engineers ( PEs) in some areas, the need for the PE or his agent to make visits at sometimes remote facilities, and the need for the PE to certify that Plans meet requirements for which they have not yet had adequate training. It has also become apparent that unless the Agency takes this action, we will receive an overwhelming number of requests for individual extensions under 40 CFR 112.3( f). The Agency believes that the present compliance dates are too short, and it would therefore be an inefficient use of scarce Agency resources to address this problem by processing a great number of individual extension requests.

VI. Statutory and Executive Order Reviews A. Executive Order 12866   OMB Review Under Executive Order 12866 ( 58 FR 51735, October 4, 1993), the Agency must determine whether a regulatory action is `` significant'' and therefore subject to Office of Management and Budget ( OMB) review and the requirements of the Executive Order. The order defines `` significant regulatory action'' as one that is likely to result in a rule that may: ( 1) Have an annual effect on the economy of $ 100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities; ( 2) Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; ( 3) Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or ( 4) Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in the Executive Order. Under the terms of Executive Order 12866, it has been determined that this rule is not a `` significant regulatory action'' because it would only extend for one year the compliance dates in § 112.3( a) and ( b). It would have no other substantive effect.

B. Paperwork Reduction Act This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 ( 44 U. S. C. 3501 et seq.).

C. Regulatory Flexibility Act ( RFA) as Amended by the Small Business Regulatory Enforcement Fairness Act of 1996 ( SBREFA), 5 U. S. C. 601 et seq. The R. F. A. generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small organizations, and small governmental jurisdictions. For purposes of assessing the impacts of today's rule on small entities, small entity is defined as: ( 1) A small business as defined in the Small Business Administration's ( SBA) regulations at 13 CFR 121.201   the SBA defines small businesses by category of business using North American Industry Classification System ( NAICS) codes, and in the case of farms and production facilities, which constitute a large percentage of the facilities affected by this rule, generally defines small businesses as having less than $ 500,000 in revenues or 500 employees, respectively; ( 2) a small governmental jurisdiction that is a government of a city, county, town, school district or special district with a population of less than 50,000; and ( 3) a small organization that is any not forprofit enterprise which is independently owned and operated and is not dominant in its field. In determining whether a rule has a significant economic impact on a substantial number of small entities, the impact of concern is any significant adverse economic impact on small entities, since the primary purpose of the regulatory flexibility analyses is to identify and address regulatory alternatives `` which minimize any significant economic impact of the proposed rule on small entities.'' 5 U. S. C. 603 and 604. Thus, an agency may certify that a rule will not have a significant economic impact on a substantial number of small entities if the rule relieves regulatory burden, or otherwise has a positive economic effect on all of the small entities subject to the rule. This rule will temporarily reduce regulatory burden on all facilities by extending for one year the compliance dates in § 112.3( a) and ( b). Further, the rule will reduce costs for both existing and new facilities. After considering the economic impacts of today's rule on small entities, I certify that this action would not have a significant economic impact on a substantial number of small entities.

D. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act of 1995 ( UMRA), Public Law 104   4, establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and tribal governments and the private sector. Under section 202 of UMRA, EPA generally must prepare a written statement, including a cost benefit analysis, for proposed and final rules with `` Federal mandates'' that may result in expenditures to State, local, and tribal governments, in the aggregate, or to the private sector, of $ 100 million or more in any one year. Before promulgating an EPA rule for which a written statement is needed, section 205 of UMRA generally requires EPA to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, most costeffective or least burdensome alternative that achieves the objectives of the rule. The provisions of section 205 do not apply when they are inconsistent with applicable law. Moreover, section 205 allows EPA to adopt an alternative other than the least costly, most effective or least burdensome alternative if the Administrator publishes with the final rule an explanation why that alternative was not adopted. Before EPA establishes any regulatory requirements that may significantly or uniquely affect small governments, including tribal governments, it must have developed under section 203 of UMRA a small government agency plan. The plan must provide for notifying potentially affected small governments, enabling officials of affected small governments to have meaningful and timely input in the development of EPA regulatory proposals with significant Federal intergovernmental mandates, and informing, educating, and advising small governments on compliance with the regulatory requirements. EPA has determined that this rule does not contain a Federal mandate that may result in expenditures of $ 100 million or more for State, local, and tribal governments, in the aggregate, or the private sector in any one year.

VerDate Dec< 13> 2002 16: 32 Jan 08, 2003 Jkt 200001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 09JAP3. SGM 09JAP3 1355 Federal Register / Vol. 68, No. 6 / Thursday, January 9, 2003 / Proposed Rules Today's rule would reduce burden and costs on all facilities. EPA has determined that this rule contains no regulatory requirements that might significantly or uniquely affect small governments. As explained above, the effect of the rule would be to reduce burden and costs for regulated facilities, including small governments that are subject to the rule.

E. Executive Order 13132   Federalism Executive Order 13132, entitled `` Federalism'' ( 64 FR 43255, August 10, 1999), requires EPA to develop an accountable process to ensure `` meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.'' `` Policies that have federalism implications'' is defined in the Executive Order to include regulations that have `` substantial direct effects 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.'' This rule does not have federalism implications. It would not have substantial direct effects 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, as specified in Executive Order 13132. Under CWA section 311( o), EPA believes that States are free to impose additional requirements, including more stringent requirements, relating to the prevention of oil discharges to navigable waters. EPA encourages States to supplement the federal SPCC program and recognizes that some States have more stringent requirements. 56 FR 54612 ( Oct. 22, 1991). This rule would not preempt state law or regulations. Thus, Executive Order 13132 does not apply to this rule.

F. Executive Order 13175   Consultation and Coordination With Indian Tribal Governments On November 6, 2000, the President issued Executive Order 13175 ( 65 FR 67249) entitled, `` Consultation and Coordination with Indian Tribal Governments.'' Executive Order 13175 took effect on January 6, 2001, and revokes Executive Order 13084 ( Tribal Consultation) as of that date. Today's rule would not significantly or uniquely affect communities of Indian tribal governments. Therefore, we have not consulted with a representative organization of tribal groups. G. Executive Order 13045   Protection of Children From Environmental Health & Safety Risks Executive Order 13045, `` Protection of Children from Environmental Health Risks and Safety Risks'' ( 62 FR 19885, April 23, 1997), applies to any rule that: ( 1) Is determined to be `` economically significant'' as defined under Executive Order 12866; and, ( 2) concerns an environmental health or safety risk that EPA has reason to believe may have a disproportionate effect on children. If the regulatory action meets both criteria, the Agency must evaluate the environmental health or safety effects of the planned rule on children, and explain why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the Agency. EPA interprets Executive Order 13045 as applying only to those regulatory actions that are based on health or safety risks, such that the analysis required under Section 5   501 of the Order has the potential to influence the regulation. This rule is not subject to Executive Order 13045 because it is not economically significant as defined in Executive Order 12866, and because the Agency does not have reason to believe the environmental health or safety risks addressed by this action present a disproportionate risk to children.

H. Executive Order 13211   Actions That Significantly Affect Energy Supply, Distribution, or Use This rule is not a `` significant energy action'' as defined in Executive Order 13211, `` Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use'' ( 66 FR 28355, May 22, 2001) because it is not likely to have a significant adverse effect on the supply, distribution, or use of energy.

I. National Technology Transfer and Advancement Act Section 12( d) of the National Technology Transfer and Advancement Act of 1995 (`` NTTAA''), Public Law 104   113, section 12( d) ( 15 U. S. C. 272 note) directs EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards such as materials specifications, test methods, sampling procedures, and business practices that are developed or adopted by voluntary consensus standards bodies. The NTTAA directs EPA to provide Congress, through OMB, explanations when the Agency decides not to use available and applicable voluntary consensus standards. This rule does not involve technical standards. Therefore, NTTA is inapplicable.

List of Subjects in 40 CFR Part 112 Environmental protection, Oil pollution, Penalties, Reporting and recordkeeping requirements.

Dated: January 3, 2003. Christine Todd Whitman, Administrator.

For the reasons set out in the preamble, title 40 CFR, chapter I, part 112 of the Code of Federal Regulations, is proposed to be amended as follows:

PART 112   OIL POLLUTION PREVENTION 1. The authority for part 112 continues to read as follows:

Authority: 33 U. S. C. 1251 et seq.; 33 U. S. C. 2720; E. O. 12777 ( October 18, 1991), 3 CFR, 1991 Comp., p. 351. 2. Section 112.3 is amended by revising paragraphs ( a) and ( b) to read as follows:

PART 112   OIL POLLUTION PREVENTION Subpart A   Applicability, Definitions, and General Requirements for All Facilities and All Types of Oils § 112.3 Requirement to prepare and implement a spill prevention, control, and countermeasure plan.

( a) If your onshore or offshore facility was in operation on or before August 16, 2002, you must maintain your Plan, but must amend it, if necessary to ensure compliance with this part, on or before February 17, 2004, and must implement the amended Plan as soon as possible, but not later than August 18, 2004. If your onshore or offshore facility becomes operational after August 16, 2002, through August 18, 2004, and could reasonably be expected to have a discharge as described in § 112.1( b), you must prepare a Plan on or before August 18, 2004, and fully implement it as soon as possible, but not later than August 18, 2004. ( b) If you are the owner or operator of an onshore or offshore facility that becomes operational after August 18, 2004, and could reasonably be expected to have a discharge as described in § 112.1( b), you must prepare and implement a Plan before you begin operations. * * * * * [ FR Doc. 03   391 Filed 1   8   03; 8: 45 am]

BILLING CODE 6560   50   P VerDate Dec< 13> 2002 16: 32 Jan 08, 2003 Jkt 200001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 09JAP3. SGM 09JAP3


[Federal Register: July 30, 2009 (Volume 74, Number 145)]
[Notices]
[Page 38077-38078]
[DOCID:fr30jy09-110]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60367; File No. SR-FINRA-2009-038]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Order Granting Approval of Proposed Rule Change to
Repeal Incorporated NYSE Rule 134 (Differences and Omissions--Cleared
Transactions) and NYSE Rule 440I (Records of Compensation
Arrangements--Floor Brokerage) as Part of the Process To Develop the
Consolidated FINRA Rulebook

July 22, 2009.
    On June 1, 2009, Financial Industry Regulatory Authority, Inc.
(``FINRA'') (f/k/a National Association of Securities Dealers, Inc.
(``NASD'')) filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') a proposed rule change pursuant to Section 19(b)(1)
of the Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4
thereunder.\2\ Notice of the proposal was published for comment in the
Federal Register on June 15, 2009.\3\ The Commission received no
comments on the proposed rule change. This order approves the proposed
rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Release No. 60070 (June 8, 2009), 74
FR 28302 (``Notice'').
---------------------------------------------------------------------------

I. Description of the Proposal

    As part of the process of developing a new consolidated rulebook
(``Consolidated FINRA Rulebook''),\4\ FINRA proposed not to transfer
from the Transitional Rulebook to the FINRA Consolidated Rulebook two
rules that are specific to the New York Stock Exchange LLC (``NYSE'')
marketplace and relate primarily to activities by floor brokers.
Specifically, FINRA proposed not to include in the Consolidated FINRA
Rulebook NYSE Incorporated Rule 134 (Differences and Omissions--Cleared
Transactions) and NYSE Incorporated Rule 440I (Records of Compensation
Arrangements--Floor Brokerage).
---------------------------------------------------------------------------

    \4\ The current FINRA rulebook consists of (1) FINRA Rules; (2)
NASD Rules; and (3) rules incorporated from NYSE (``Incorporated
NYSE Rules'') (together, the NASD Rules and Incorporated NYSE Rules
are referred to as the ``Transitional Rulebook''). While the NASD
Rules generally apply to all FINRA members, the Incorporated NYSE
Rules apply only to those members of FINRA that are also members of
the NYSE (``Dual Members''). The FINRA Rules apply to all FINRA
members, unless such rules have a more limited application by their
terms. For more information about the rulebook consolidation
process, see FINRA Information Notice, March 12, 2008 (Rulebook
Consolidation Process).
---------------------------------------------------------------------------

    As more fully described in the Notice, Incorporated NYSE Rule 134,
sets forth procedures for clearing member firms to identify uncompared
transactions and resolve them by making any necessary additions,
deletions or changes to their data through the facilities of the NYSE
Correction System. Further, NYSE Rule 134(d) requires floor brokers to
maintain or participate in an error account in which all bona fide
error transactions are processed and recorded.
    Incorporated NYSE Rule 440I also applies to floor brokers. As more
fully described in the Notice, NYSE Rule 440I requires each member and
member organization that is ``primarily engaged as an agent in
executing transactions on the Floor of the Exchange'' to maintain
certain records of compensation arrangements in excess of $5,000 per
year.
    In the Notice, FINRA noted that the NYSE may choose to retain NYSE
Rule 134 and Rule 440I for its own purposes. In addition, FINRA stated
that it would announce the implementation date of the proposed rule
change in a Regulatory Notice to be published no later than 90 days
following Commission approval.

II. Discussion and Commission's Findings

    After careful review of the proposal, the Commission finds that the
proposed rule change is consistent with the provisions of Section
15A(b)(6) of the Act,\5\ which requires, among other things, that FINRA
rules must be designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, and, in
general, to protect investors and the public interest.\6\ The
Commission notes that Dual Members remain subject to both the
Consolidated FINRA Rulebook and the NYSE Rulebook. Therefore, FINRA's
proposal to repeal from the Transitional Rulebook two Incorporated NYSE
Rules that are specific to the NYSE marketplace does not relieve Dual
Members of their obligation to comply with rules retained by the NYSE.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78o-3(b)(6).
    \6\ In approving this proposal, the Commission has considered
the proposed rule's impact on efficiency, competition and capital
formation. See 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

III. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\7\ that the proposed rule change (SR-FINRA-

2009-038) be, and it hereby is, approved.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-18163 Filed 7-29-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: July 16, 2009 (Volume 74, Number 135)]
[Proposed Rules]
[Page 34518-34520]
[DOCID:fr16jy09-9]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-25001; Directorate Identifier 2006-NM-079-AD]
RIN 2120-AA64

Airworthiness Directives; Boeing Model 737-600, -700, -700C, -
800, -900 and -900ER Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
comment period.

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

SUMMARY: We are revising an earlier proposed airworthiness directive
(AD) for all Boeing Model 737-600, -700, -700C, -800, -900 and -900ER
series airplanes. That supplemental NPRM would have required a one-time
inspection to determine the part numbers of the aero/fire seals of the
blocker doors on the thrust reverser torque boxes on the engines, and
replacing affected aero/fire seals with new improved aero/fire seals.
This action resulted from a report that the top 3 inches of the aero/
fire seals of the blocker doors on the thrust reverser torque boxes are
not fireproof. This second supplemental NPRM revises the first
supplemental NPRM by changing the compliance time for the replacement.
We are proposing this second supplemental NPRM to prevent a fire in the
fan compartment (a fire zone) from migrating through the seal to a
flammable fluid in the thrust reverser actuator compartment (a
flammable fluid leakage zone), which could result in an uncontrolled
fire.

DATES: We must receive comments on this supplemental NPRM by August 10,
2009.

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 comments.
     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.
    For service information identified in this proposed AD, contact
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
Internet https://www.myboeingfleet.com. You may review copies of the
referenced service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington. For information
on the availability of this material at the FAA, call<PHONE_NUMBER> or
425-227-1152.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility
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 Office (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

FOR FURTHER INFORMATION CONTACT: Samuel Spitzer, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 917-6510; fax<PHONE_NUMBER>.

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-2006-
25001; Directorate Identifier 2006-NM-079-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 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 proposed AD.

Discussion

    We issued a notice of proposed rulemaking (NPRM) (the ``first
supplemental NPRM'') to amend 14 CFR part 39 to include an
airworthiness directive (AD) that would apply to all Boeing Model 737-
600, -700, -700C, -800, and -900 series airplanes. The first
supplemental NPRM was published in the Federal Register on September 3,
2008 (73 FR 51382). The first supplemental NPRM proposed to require a
one-time inspection to determine the part numbers of the aero/fire
seals of the blocker doors on the thrust reverser torque boxes on the
engines, and replacing affected aero/fire seals with new improved aero/
fire seals.

Actions Since First Supplemental NPRM Was Issued

    Since we issued the first supplemental NPRM, we have determined
that it is necessary to change the compliance time for the replacement
action in paragraph (h) from ``within 60 months or 8,200 flight cycles
after the effective date of this AD,'' to ``prior to further flight
after doing the actions specified in paragraph (g) of this AD.'' Our
intent in the first supplemental NPRM was to require replacement of an
affected aero/fire seal before further flight after identification.

Comments

    We gave the public the opportunity to participate in developing
this AD. We considered the comment received on the first supplemental
NPRM. Boeing supports the NPRM.

Additional Changes to Supplemental NPRM

    For clarification purposes, we have revised paragraph (h) of this
second supplemental NPRM to change ``as having an affected P/N'' to
``to have a non-fireproof seal.''
    We have also added new paragraph (d) in this supplemental NPRM to
identify the Air Transport Association of America code.

FAA's Determination and Proposed Requirements of the Second
Supplemental NPRM

    We are proposing this second supplemental NPRM because we evaluated
all pertinent information and determined an unsafe condition exists and
is likely to exist or develop on other products of the same type
design. Certain changes described above expand the scope of the first
supplemental NPRM. As a result, we have determined that it is necessary
to reopen the comment period to provide additional opportunity for the
public to comment on this second supplemental NPRM.

Costs of Compliance

    There are about 2,442 airplanes of the affected design in the
worldwide fleet. The following table provides the estimated costs for
U.S. operators to comply with this proposed AD.

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of
                                                                  Average                                         Cost per        U.S.-
                     Action                       Work hours    labor rate                 Parts                  airplane     registered    Fleet cost
                                                                 per hour                                                       airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection for part number.....................            1           $80   None.............................          $80           803       $64,240
--------------------------------------------------------------------------------------------------------------------------------------------------------

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.
    You can find our regulatory evaluation and the estimated costs of
compliance 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:

Boeing: Docket No. FAA-2006-25001; Directorate Identifier 2006-NM-
079-AD.

Comments Due Date

    (a) We must receive comments by August 10, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Boeing Model 737-600, -700, -700C, -
800, -900, and -900ER series airplanes, certificated in any
category.

Subject

    (d) Air Transport Association (ATA) of America Code 78: Engine
exhaust.

Unsafe Condition

    (e) This AD results from a report that the top 3 inches of the
aero/fire seals of the blocker doors on the thrust reverser torque
boxes are not fireproof. The Federal Aviation Administration is
issuing this AD to prevent a fire in the fan compartment (a fire
zone) from migrating through the seal to a flammable fluid in the
thrust reverser actuator compartment (a flammable fluid leakage
zone), which could result in an uncontrolled fire.

Compliance

    (f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Inspection To Determine Part Number (P/N)

    (g) Within 60 months or 8,200 flight cycles after the effective
date of this AD, whichever occurs first: Perform a one-time detailed
inspection to determine the color of the aero/fire seals of the
blocker doors on the thrust reverser torque boxes on the engines.
For any aero/fire seal having a completely grey color (which is the
color of seals with P/N 315A2245-1 or 315A2245-2), with no red at
the upper end of the seal, do the actions specified in paragraph (h)
of this AD. For any aero/fire seal having a red color at the upper
end of the seal (which indicates a different part number), no
further action is required by this AD. A review of airplane
maintenance records is acceptable in lieu of this inspection if the
part number of the correct aero/fire seals (P/N 315A2245-7 or -8)
can be conclusively determined to be installed from that review.

    Note 1: For the purposes of this AD, a detailed inspection is:
``An intensive examination of a specific item, installation, or
assembly to detect damage, failure, or irregularity. Available
lighting is normally supplemented with a direct source of good
lighting at an intensity deemed appropriate. Inspection aids such as
mirrors, magnifying lenses, etc., may be necessary. Surface cleaning
and elaborate procedures may be required.''

Replace the Aero/Fire Seals

    (h) For any aero/fire seal identified during the inspection/
records check in paragraph (g) of this AD to have a non-fireproof
seal: Prior to further flight after doing the actions specified in
paragraph (g) of this AD, replace the aero/fire seals of the blocker
doors on the thrust reverser torque boxes on the engines with new,
improved aero/fire seals in accordance with the Accomplishment
Instructions of Boeing Special Attention Service Bulletin 737-78-
1074, Revision 1, dated September 15, 2005.

Credit for Actions Done Using Previous Service Information

    (i) Replacements done before the effective date of this AD in
accordance with the Accomplishment Instructions of Boeing Special
Attention Service Bulletin 737-78-1074, dated April 7, 2005, are
acceptable for compliance with the requirements of paragraph (h) of
this AD.

Alternative Methods of Compliance (AMOCs)

    (j)(1) The Manager, Seattle Aircraft Certification Office, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. Send information to ATTN:
Samuel Spitzer, Aerospace Engineer, Propulsion Branch, ANM-140S,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 917-6510; fax<PHONE_NUMBER>. Or, e-mail information to 9-ANM-
<EMAIL_ADDRESS>    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.

    Issued in Renton, Washington, on July 6, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-16943 Filed 7-15-09; 8:45 am]

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[Federal Register: December 7, 2005 (Volume 70, Number 234)]
[Notices]
[Page 72822-72823]
[DOCID:fr07de05-71]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Application Accepted for Filing and Soliciting
Comments, Motions To Intervene, Protests, Recommendations, and Terms
and Conditions

November 28, 2005.

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Conduit Exemption.
    b. Project No.: 12624-000.
    c. Date filed: October 27, 2005.
    d. Applicant: Colorado Springs Utilities.
    e. Name of Project: Cascade Hydroelectric Generating Facility.
    f. Location: The Cascade Hydroelectric Generating Facility would be
located adjacent to the Cascade pressure reduction facility on the Old
North Slope Pipeline, which is part of the City of Colorado Springs'
water supply system in El Paso County, Colorado.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791a through
825r.
    h. Applicant Contact: Mr. Wayne E. Booker, Colorado Springs
Utilities, 1521 Hancock Expressway, Colorado Springs, CO 80903, (719)
668-3505.
    i. FERC Contact: James Hunter,<PHONE_NUMBER>.
    j. Status of Environmental Analysis: This application is ready for
environmental analysis at this time, and the Commission is requesting
comments, reply comments, recommendations, terms and conditions, and
prescriptions.
    k. Deadline for filing responsive documents: The Commission
directs, pursuant to section 4.34(b) of the Regulations (see Order No.
533 issued May 8, 1991, 56 FR 23108, May 20, 1991) that all comments,
motions to intervene, protests, recommendations, terms and conditions,
and prescriptions concerning the application be filed with the
Commission by January 27, 2006. All reply comments must be filed with
the Commission by February 13, 2006.
    Comments, protests, and interventions may be filed electronically
via the Internet in lieu of paper; see 18 CFR 385.2001(a)(1)(iii) and
the instructions on the Commission's Web site under the ``e-Filing''
link. The Commission strongly encourages electronic filings.
    The Commission's Rules of Practice and Procedure require all
interveners filing documents with the Commission to serve a copy of
that document on each person in the official service list for the
project. Further, if an intervener files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    l. Description of Project: The proposed small conduit hydroelectric
project would consist of: (1) a 85-foot-long, 20-inch-diameter steel
pipeline connecting to the existing pipeline, (2) a 900-kilowatt
horizontal shaft Pelton turbine-generator, and (3) a 55-foot-long, 20-
inch-diameter steel pipeline returning water to the existing pipeline.
The average annual energy production would be 5,114 megawatt hours.
    m. This filing is available for review and reproduction at the
Commission in the Public Reference Room, Room 2A, 888 First Street,
NE., Washington, DC 20426. The filing may also be viewed on the Web at
http://www.ferc.gov using the ``eLibrary'' link. Enter the docket

number, here P-12624, in the docket number field to access the
document. For assistance, call toll-free 1-866-208-3676 or e-mail
<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>. A copy is

also available for review and reproduction at the address in item h.
above.
    n. Development Application: Any qualified applicant desiring to
file a competing application must submit to the Commission, on or
before the specified deadline date for the particular application, a
competing development application, or a notice of intent to file such
an application. Submission of a timely notice of intent allows an
interested person to file the competing development application no
later than 120 days after the specified deadline date for the
particular application. Applications for preliminary permits will not
be accepted in response to this notice.
    o. Notice of Intent: A notice of intent must specify the exact
name, business address, and telephone number of the prospective
applicant, and must include an unequivocal statement of intent to
submit a competing development application. A notice of intent must be
served on the applicant(s) named in this public notice.
    p. Protests or Motions to Intervene: Anyone may submit a protest or
a motion to intervene in accordance with the requirements of Rules of
Practice and Procedure, 18 CFR 385.210, 385.211, and 385.214. In
determining the appropriate action to take, the Commission will
consider all protests filed, but only those who file a motion to
intervene in accordance with the Commission's Rules may become a party
to the proceeding. Any protests or motions to intervene must be
received on or before the specified deadline date for the particular
application.
    q. All filings must (1) Bear in all capital letters the title
``PROTEST'', ``MOTION TO INTERVENE'', ``NOTICE OF INTENT TO FILE
COMPETING APPLICATION'', ``COMPETING APPLICATION'', ``COMMENTS'',
``REPLY COMMENTS,'' ``RECOMMENDATIONS,'' ``TERMS AND CONDITIONS,'' or
``PRESCRIPTIONS;'' (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person protesting or intervening; and (4) otherwise comply with the
requirements of 18 CFR 385.2001 through 385.2005. All comments,
recommendations, terms and conditions or prescriptions must set forth
their evidentiary basis and otherwise comply with the requirements of
18 CFR 4.34(b). Agencies may obtain copies of the application directly
from the applicant. Any of these documents must be filed by providing
the original and eight copies to: The Secretary, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426. An
additional copy must be sent to Director, Division of Hydropower
Administration and Compliance, Office of Energy Projects, Federal
Energy

Regulatory Commission, at the above address. A copy of any protest or
motion to intervene must be served upon each representative of the
applicant specified in the particular application. A copy of all other
filings in reference to this application must be accompanied by proof
of service on all persons listed in the service list prepared by the
Commission in this proceeding, in accordance with 18 CFR 4.34(b) and
385.2010.

Magalie R. Salas,
Secretary.
 [FR Doc. E5-6930 Filed 12-6-05; 8:45 am]

BILLING CODE 6717-01-P