[Federal Register Volume 75, Number 221 (Wednesday, November 17, 2010)]
[Notices]
[Page 70234]
[FR Doc No: 2010-28903]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Lakefield Wind Project, LLC, EG10-57-000; Constellation Mystic Power,
LLC, EG10-58-000; Pattern Gulf Wind, LLC, EG10-59-000; New Harvest Wind
Project, LLC, EG10-60-000; Dry Lake Wind Power, II LLC, EG10-61-000;
Learning Jupiter Wind Power, LLC, EG10-62-000; Hardscrabble Wind Power
LLC, EG10-63-000; Baldwin Wind, LLC, EG10-64-000]

Notice of Effectiveness of Exempt Wholesale Generator Status

November 8, 2010.
    Take notice that during the month of October 2010, the status of
the above-captioned entities as Exempt Wholesale Generators became
effective by operation of the Commission's regulations. 18 CFR
366.7(a).

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-28903 Filed 11-16-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 91 (Thursday, May 10, 2018)]
[Notices]
[Pages 21822-21823]
[FR Doc No: 2018-09976]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Hazardous Materials: Notice of Applications for Special Permits

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: List of applications for special permits.

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

SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations, notice is hereby given
that the Office of Hazardous Materials Safety has received the
application described herein. Each mode of transportation for which a
particular special permit is requested is indicated by a number in the
``Nature of Application'' portion of the table below as follows: 1--
Motor vehicle, 2--Rail freight, 3--Cargo vessel, 4--Cargo aircraft
only, 5--Passenger-carrying aircraft.

DATES: Comments must be received on or before June 11, 2018.

ADDRESSES: Record Center, Pipeline and Hazardous Materials Safety
Administration U.S. Department of Transportation Washington, DC 20590.
    Comments should refer to the application number and be submitted in
triplicate. If confirmation of receipt of comments is desired, include
a self-addressed stamped postcard showing the special permit number.

FOR FURTHER INFORMATION CONTACT: Ryan Paquet, Director, Office of
Hazardous Materials Approvals and Permits Division, Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, East Building, PHH-30, 1200 New Jersey Avenue
Southeast, Washington, DC 20590-0001,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Copies of the applications are available for
inspection in the Records Center, East Building, PHH-30, 1200 New
Jersey Avenue Southeast, Washington DC or at http://regulations.gov.
    This notice of receipt of applications for special permit is
published in

accordance with part 107 of the Federal hazardous materials
transportation law (49 U.S.C. 5117(b); 49 CFR 1.53(b)).

    Issued in Washington, DC, on May 3, 2018.
Donald P. Burger,
Chief, General Approvals and Permits Branch.

------------------------------------------------------------------------
                                                        Nature of the
 Application No.     Applicant      Regulation(s)      special permits
                                       affected            thereof
------------------------------------------------------------------------
                          Special Permits Data
------------------------------------------------------------------------
20635-N.........  FAR RESEARCH,    180.209(a).....  To authorize the
                   INC.                              transportation in
                                                     commerce of 4BW
                                                     cylinders used
                                                     exclusively for
                                                     trimethylchlorosila
                                                     ne to be visual
                                                     inspections per CGA
                                                     C-6 in lieu of
                                                     periodic
                                                     hydrostatic
                                                     testing. (modes 1,
                                                     2, 3).
20637-N.........  LG CHEM........  172.101(j).....  To authorize the
                                                     transportation in
                                                     commerce of lithium
                                                     ion batteries in
                                                     excess of 35 kg by
                                                     cargo-only
                                                     aircraft. (mode 4).
20638-N.........  BALL AEROSOL     173.306(a)(3),   To authorize the
                   AND SPECIALTY    178.33-7(a),     manufacture, mark,
                   CONTAINER INC.   178.33a-7(a),    sale, and use of
                                    178.33c-1.       non-DOT
                                                     specification
                                                     receptacles with
                                                     reduced wall
                                                     thickness. (modes
                                                     1, 2, 3, 4, 5).
20639-N.........  ICC THE          172.200,         To authorize the
                   COMPLIANCE       172.300,         manufacture, mark,
                   CENTER INC.      172.400,         sale, and use of
                                    172.700(a),      alternative
                                    173.185(f).      packaging for the
                                                     transport of
                                                     damaged, defective,
                                                     and recalled
                                                     batteries. (modes
                                                     1, 2, 3).
20640-N.........  Insitu Inc.....  173.220(d).....  To authorize the
                                                     transportation in
                                                     commerce of
                                                     vehicles containing
                                                     prototype lithium
                                                     batteries via cargo-
                                                     only aircraft.
                                                     (mode 4).
20641-N.........  THERMO MF        173.304a(a)(1).  To authorize the
                   PHYSICS LLC.                      transportation in
                                                     commerce of non-DOT
                                                     specification
                                                     cylinders
                                                     containing sulfur
                                                     hexafluoride gas.
                                                     (modes 1, 3, 4, 5).
20644-N.........  229 CRI          172.102(c)(2)..  To authorize the
                   CRITERION INC.                    transportation in
                                                     commerce of 50G
                                                     large packagings
                                                     containing solid
                                                     environmentally
                                                     hazardous
                                                     substances via air.
                                                     (modes 4, 5).
20645-N.........  WALMART INC....  173.159a(c)(2),  To authorize the
                                    173.185(c)(1)(   transportation in
                                    iii),.           commerce of lithium
                                   173.185(c)(1)(i   batteries with
                                    v),.             alternative hazard
                                   173.185(c)(1)(v   communication.
                                    ),.              (modes 1, 2).
                                   173.185(c)(3)..
20646-N.........  OMNI TANKER      107.503(b),      To authorize the
                   PTY. LTD.        107.503(c),      manufacture, mark,
                                    172.102(c)(3),   sale, and use of
                                    172.203(a),      non-DOT
                                    173.241,         specification
                                    173.242,         portable tanks.
                                    173.243,         (mode 1).
                                    178.348-1,
                                    178.345-1,
                                    178.347-1,
                                    180.405,
                                    180.413(d).
20650-N.........  ONYX             173.21(b),       To authorize the one-
                   ENVIRONMENTAL    173.51,          time, one-way
                   SERVICES LLC.    173.54(a),       transportation in
                                    173.56(b).       commerce of an
                                                     unapproved
                                                     cartridge, power
                                                     device. (mode 1).
20651-N.........  ATIEVA USA, INC  172.101(j).....  To authorize the
                                                     transportation in
                                                     commerce of lithium
                                                     ion batteries in
                                                     excess of 35 kg by
                                                     cargo-only
                                                     aircraft. (mode 4).
20652-N.........  AMETEK AMERON,   173.302a(a)(1).  To authorize the
                   LLC.                              manufacture, mark,
                                                     sale, and use of
                                                     non-DOT
                                                     specification
                                                     cylinders. (modes
                                                     1, 2, 3, 4, 5).
20653-N.........  JOHNSON          173.185(b).....  To authorize the
                   CONTROLS, INC.                    transportation in
                                                     commerce of lithium
                                                     ion batteries in
                                                     alternative
                                                     packaging. (modes
                                                     1, 2, 3).
20654-N.........  JOHNSON          173.185(a).....  To authorize the
                   CONTROLS                          transportation in
                   ADVANCED POWER                    commerce of
                   SOLUTIONS, LLC.                   prototype and low
                                                     production lithium
                                                     ion batteries via
                                                     cargo-only
                                                     aircraft. (mode 4).
------------------------------------------------------------------------

[FR Doc. 2018-09976 Filed 5-9-18; 8:45 am]
 BILLING CODE 4909-60-P


[Federal Register Volume 79, Number 210 (Thursday, October 30, 2014)]
[Rules and Regulations]
[Pages 64511-64513]
[FR Doc No: 2014-25856]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2014-0951]
RIN 1625-AA00

Safety Zone; Salvage Operations, Chicago River, Chicago, IL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Chicago River between the Lake Street Bridge and the Randolph Street
Bridge, Chicago, IL. This safety zone is intended to restrict vessels
from a designated portion of the Chicago River for a sunken barge and
related salvage operations. This temporary safety zone is necessary to
protect the surrounding public and vessels from the hazards associated
with salvage operations.

DATES: This rule is effective without actual notice from October 30,
2014 until November 14, 2014. For the purposes of enforcement, actual
notice will be used from the date the rule was signed, October 17, 2014
until October 30, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2014-0951. 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
contact or email MST2 Stacy Smith, U.S. Coast Guard Marine Safety Unit
Chicago, at<PHONE_NUMBER> or<EMAIL_ADDRESS>If you have
questions on viewing the docket, call Cheryl Collins, Program Manager,
Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final 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 with
respect to this rule because doing so would be impracticable and
contrary to the public interest. The final details for this event were
not known to the Coast Guard until there was insufficient time
remaining before the event to publish an NPRM. Specifically, this
safety zone is needed for salvage operations for a barge that
unexpectedly sank on the Chicago River on October 17, 2014. Thus,
delaying the effective date of this rule to wait for a comment period
to run would be both impracticable and contrary to the public interest
because it would inhibit the Coast Guard's ability to protect the
public and vessels from the hazards associated with the salvage
operations discussed below.
    Under 5 U.S.C. 553(d)(3), The Coast Guard finds that good cause
exists for making this temporary rule effective less than 30 days after
publication in the Federal Register. For the same reasons discussed in
the preceding paragraph, waiting for a 30 day notice period to run
would be impracticable and contrary to the public interest.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
establish safety zones: 33 U.S.C. 1231; 33 CFR 1.05-1, 160.5;
Department of Homeland Security Delegation No. 0170.1.
    From October 17 through November 14, 2014, salvage operations will
take place on the Chicago River in response to a sunken barge on the
south branch of the Chicago River. The Captain of the Port Lake
Michigan has determined that the salvage operations will pose a
significant risk to public safety and property. This safety zone is
necessary to protect emergency responders and transiting mariners from
associated hazards, which potentially include vessel collisions in a
narrow congested channel.

C. Discussion of the Final Rule

    With the aforementioned hazards in mind, the Captain of the Port
Lake Michigan has determined that this temporary safety zone is
necessary to ensure the safety of vessels during salvage operations on
the Chicago River. This safety zone will be in effect from October 17
through November 14, 2014. It will be enforced intermittently during
this time with actual notice. Additionally, advanced notice of
enforcement times will be provided through Broadcast Notice to
Mariners. This zone will encompass all waters on the south branch of
the Chicago River between the Lake Street Bridge and the Randolph
Street Bridge, Chicago, IL.
    Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port Lake Michigan
or a designated on-scene representative. The Captain of the Port or a
designated on-scene representative may be contacted via VHF Channel 16.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and 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.
    We conclude that this rule is not a significant regulatory action
because we anticipate that it will have minimal impact on the economy,
will not interfere with other agencies, will not adversely alter the
budget of any grant or loan recipients, and will not raise any novel
legal or policy issues. The safety zone created by this rule will be
relatively small and enforced on an as needed basis. Under certain
conditions, moreover, vessels may still transit through the safety zone
when permitted by the Captain of the Port.

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.
    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this temporary rule on small entities. This
rule will affect the following entities, some of which might be small
entities: The owners or operators of vessels intending to transit the
south branch of the Chicago River between the Lake Street Bridge and
the Randolph Street Bridge from October 17 through November 14, 2014.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the reasons cited in the
Regulatory Planning and Review section. Additionally, before the
enforcement of the zone, we will issue local Broadcast Notice to
Mariners so vessel owners and operators can plan accordingly.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 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 the establishment of a safety zone and,
therefore it is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under 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 record
keeping 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. Chapters 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add Sec.  165.T09-0951 to read as follows:

Sec.  165.T09-0951  Safety Zone; Salvage Operations, Chicago River,
Chicago, IL.

    (a) Location. All waters on the south branch of the Chicago River
between the Lake Street Bridge and the Randolph Street Bridge, Chicago,
IL.
    (b) Effective and enforcement period. This rule is effective
without actual notice from October 30, 2014 until November 14, 2014.
For the purposes of enforcement, actual notice will be used from the
date the rule was signed, October 17, 2014 until October 30, 2014. This
rule will be enforced intermittently with actual notice.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into, transiting, or anchoring within
this safety zone is prohibited unless authorized by the Captain of the
Port Lake Michigan or a designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Lake Michigan or a designated
on-scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port Lake
Michigan is any Coast Guard commissioned, warrant or petty officer who
has been designated by the Captain of the Port Lake Michigan to act on
her behalf.
    (4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Lake Michigan or an on-scene
representative to obtain permission to do so. The Captain of the Port
Lake Michigan or her on-scene representative may be contacted via VHF
Channel 16. Vessel operators given permission to enter or operate in
the safety zone must comply with all directions given to them by the
Captain of the Port Lake Michigan or an on-scene representative.

    Dated: October 17, 2014.
A.B. Cocanour,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2014-25856 Filed 10-29-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 83, Number 27 (Thursday, February 8, 2018)]
[Notices]
[Pages 5675-5676]
[FR Doc No: 2018-02557]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: Renewal,
Agricultural Aircraft Operator Certificate Application

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew an information
collection. The collection involves the submission of application FAA
Form 8710-3 for the certification process. The information to be
collected will be used to and/or is necessary to evaluate the operators
request to become certified as an Agricultural Aircraft Operator.

DATES: Written comments should be submitted by April 9, 2018.

ADDRESSES: Send comments to the FAA at the following address: Barbara
Hall, Federal Aviation Administration, ASP-110, 10101 Hillwood Parkway,
Fort Worth, TX 76177.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)

ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.

FOR FURTHER INFORMATION CONTACT: Barbara Hall by email at:
[email protected]; phone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2120-0049.
    Title: Agricultural Aircraft Operator Certificate Application.
    Form Numbers: FAA Form 8710-3.
    Type of Review: This is a renewal of an information collection.
    Background: Application for certificate issuance or amendment of a
14 CFR part 137 Agricultural Aircraft Operator Certificate. Application
for a certificate issued under 14 CFR part 137 is made on a form, and
in a manner, prescribed by the Administrator. The FAA form 8710-3 may
be obtained from an FAA Flight Standards District Office and filed with
the FAA Flight Standards District Office that has jurisdiction over the
area in which the applicant's home base of operations is located.
    The information collected includes: Type of application, Operators
name/DBAs, telephone number, mailing address, physical address of the
principal base of operations, Chief pilot/designee name, airman
certificate grade and number, rotorcraft make/model registration
numbers to be used and load combinations requested.
    Respondents: 1755 active 14 CFR part 137 Certificate Holders.
    Frequency: New applications as industry dictates, there is no
renewal required for 14 CFR part 137 certificate holders, therefore,
there is no recurring frequency.
    Estimated Average Burden per Response: Approximately 30 minutes per
application.
    Estimated Total Annual Burden: New applications as industry
dictates, there is no renewal required for 14 CFR part 137 certificate
holders, therefore, there is no recurring burden.

    Issued in Fort Worth, TX, on February 1, 2018.
Barbara L. Hall,
FAA Information Collection Clearance Officer, Performance, Policy, and
Records Management Branch, ASP-110.
[FR Doc. 2018-02557 Filed 2-7-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: November 17, 2008 (Volume 73, Number 222)]
[Proposed Rules]
[Page 67813-67815]
[DOCID:fr17no08-28]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

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

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-1215; Directorate Identifier 2008-NM-072-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Model A318, A319, A320, and A321
Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD results from mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as:

    Two incidents have occurred due to the lack of visibility on the
Primary Flight Display (PFD) of the Traffic Alert and Collision
Avoidance System (TCAS) indications.

* * * * *
We are issuing this AD to prevent possible mid-air collisions due to
lack of visibility of TCAS indications on the PFD. The proposed AD
would require actions that are intended to address the unsafe condition
described in the MCAI.

DATES: We must receive comments on this proposed AD by December 17,
2008.

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 W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Tim Dulin, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2141; 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-2008-1215;
Directorate Identifier 2008-NM-072-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2008-0032, dated February 21, 2008 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:

    Two incidents have occurred due to the lack of visibility on the
Primary Flight Display (PFD) of the Traffic Alert and Collision
Avoidance System (TCAS) indications.
    EIS2 [electronic instrument system 2] standard S7 introduces
modifications to the vertical speed indication to improve the
legibility in case of TCAS Resolution Advisory.
    The modifications consist in changing the colour of the needle
and increasing the width of the TCAS green band.
    This AD supersedes [EASA] AD 2006-0108 [dated May 3, 2006].
Also, as all aircraft in this AD applicability have been retrofitted
to at least S4.2 standard, the operational limitations contained in
the Compliance paragraph 2. of AD 2006-0108 have already been
addressed.
    This AD therefore mandates the installation of the improved EIS2
standard S7.

We are issuing this AD to prevent possible mid-air collisions due to
lack of visibility of TCAS indications on the PFD. You may obtain
further information by examining the MCAI in the AD docket.

Relevant Service Information

    Airbus has issued Service Bulletin A320-31-1276, Revision 01, dated
March 5, 2008. The actions described in this service information are
intended to correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD 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.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use

different words from those in the MCAI to ensure the AD is clear for
U.S. operators and is enforceable. In making these changes, we do not
intend to differ substantively from the information provided in the
MCAI and related service information.
    We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 113 products of U.S. registry. We also estimate that
it would take about 4 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $80 per
work-hour. Required parts would cost about $0 per product. Where the
service information lists required parts costs that are covered under
warranty, we have assumed that there will be no charge for these costs.
As we do not control warranty coverage for affected parties, some
parties may incur costs higher than estimated here. Based on these
figures, we estimate the cost of the proposed AD on U.S. operators to
be $36,160, or $320 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Airbus: Docket No. FAA-2008-1215; Directorate Identifier 2008-NM-
072-AD.

Comments Due Date

    (a) We must receive comments by December 17, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A318-111, A318-112, A319-
111, A319-112, A319-113, A319-114, A319-115, A319-131, A319-132,
A319-133, A320-111, A320-211, A320-212, A320-214, A320-231, A320-
232, A320-233, A321-111, A321-112, A321-131, A321-211, A321-212,
A321-213, A321-231, and A321-232, certificated in any category;
equipped with EIS2 (electronic instrument system 2) standard S4.2
(DMC disk part number F1419418) installed by Airbus Modification
34571, or Airbus Service Bulletin A320-31A1220, or Airbus Service
Bulletin A320-31-1234; except those airplanes on which Airbus
Modification 36725 has been embodied in production.

Subject

    (d) Air Transport Association (ATA) of America Code 31:
Instruments.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    Two incidents have occurred due to the lack of visibility on the
Primary Flight Display (PFD) of the Traffic Alert and Collision
Avoidance System (TCAS) indications.
    EIS2 standard S7 introduces modifications to the vertical speed
indication to improve the legibility in case of TCAS Resolution
Advisory.
    The modifications consist in changing the colour of the needle
and increasing the width of the TCAS green band.
    This AD supersedes AD 2006-0108 [dated May 3, 2006]. Also, as
all aircraft in this AD applicability have been retrofitted to at
least S4.2 standard, the operational limitations contained in the
Compliance paragraph 2. of AD 2006-0108 have already been addressed.
    This AD therefore mandates the installation of the improved EIS2
standard S7.

We are issuing this AD to prevent possible mid-air collisions due to
lack of visibility of TCAS indications on the PFD.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Within 12 months after the effective date of this AD,
install EIS2 standard S7 (DMC disk part number F1461768), in
accordance with the Accomplishment Instructions of Airbus Service
Bulletin A320-31-1276, Revision 01, dated March 5, 2008.
    (2) Installations done before the effective date of this AD in
accordance with Airbus Service Bulletin A320-31-1263, Revision 01,
dated July 20, 2007; Airbus Service Bulletin A320-31-1263, Revision
02, dated August 10, 2007; Airbus Service Bulletin A320-31-1263,
Revision 03, dated November 23, 2007; or Airbus Service Bulletin
A320-31-1276, dated April 18, 2007; are acceptable for compliance
with the requirements of paragraph (f)(1) of this AD.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information
as follows:
    (1) This AD does not include the operational limitations
specified in paragraph 1 of the MCAI. The MCAI carried these
limitations forward from European Aviation Safety Agency (EASA)
Airworthiness Directive 2006-0108, dated May 3, 2006. The FAA-
approved Master Minimum Equipment List (MMEL) already contains these
and more restrictive operational limitations, and we previously
determined that no action was required on our part regarding this
provision of EASA AD 2006-0108.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, ANM-
116, International Branch, Transport Airplane Directorate, 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: Tim Dulin, Aerospace Engineer, 1601 Lind
Avenue, SW., Renton, Washington 98057-3356; telephone (425) 227-
2141; fax<PHONE_NUMBER>. Before using any approved AMOC on any
airplane to which the AMOC applies, notify your appropriate
principal inspector (PI) in the FAA Flight Standards District Office
(FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI EASA Airworthiness Directive 2008-0032, dated
February 21, 2008, and Airbus Service Bulletin A320-31-1276,
Revision 01, dated March 5, 2008, for related information.

    Issued in Renton, Washington, on November 6, 2008.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft
Certification Service.
[FR Doc. E8-27167 Filed 11-14-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 125 (Thursday, June 28, 2012)]
[Notices]
[Pages 38622-38623]
[FR Doc No: 2012-15834]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP12-475-000]

Southern Star Central Gas Pipeline, Inc.; Notice of Request Under
Blanket Authorization

    Take notice that on June 4, 2012, Southern Star Central Gas
Pipeline, Inc. (Southern Star), 4700 Highway 56, Owensboro, Kentucky
42301, filed in Docket No. CP12-475-000 a prior notice request pursuant
to sections 157.205, 157.208 and 157.213 of the Federal Energy
Regulatory Commission's (Commission) regulations under the Natural Gas
Act as amended and Southern Star's blanket certificate issued in Docket
No. CP82-479-000 \1\ for authorization to drill two new horizontal
injection/withdrawal gas storage wells (I/W wells) in its existing
Colony Gas Storage field located in Anderson and Allen Counties,
Kansas, all as more fully set forth in the application which is on file
with the Commission and open to public inspection. The filing may also
be viewed on the web at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, contact
FERC at<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or
TTY,<PHONE_NUMBER>.
---------------------------------------------------------------------------

    \1\ 20 FERC ] 62,592
---------------------------------------------------------------------------

    Specifically, Southern Star proposes to drill two new horizontal I/
W wells in order to replace up to eighteen (18) vertical I/W wells
located within the City of Colony, Kansas in close proximity to
residential homes. Southern Star will file a separate abandonment
application to plug and abandon up to 18 vertical I/W wells after
confirmation that the designed operational capabilities of the two new
horizontal I/W wells will allow the field to maintain its current
operational capacities. Southern Star states the proposed project will
not result in any changes to the current geological interpretation of
the storage reservoir, the certificated field boundary, or the
operations parameters of the Colony Storage field. The cost of the
project is

estimated at $3,750,000. Southern Star also proposes to install and
operate two new 6-inch storage lateral pipelines connecting the two new
I/W wells to the storage gathering system.
    Any questions concerning this prior notice request may be directed
to David N. Roberts, Staff Analyst, Regulatory Compliance, Southern
Star Central Gas Pipeline, Inc. 4700 Highway 56, Owensboro, KY 42301,
or call<PHONE_NUMBER>.
    Any person or the Commission's staff may, within 60 days after
issuance of the instant notice by the Commission, file pursuant to Rule
214 of the Commission's Procedural Rules (18 CFR 385.214) a motion to
intervene or notice of intervention and pursuant to Section 157.205 of
the regulations under the NGA (18 CFR 157.205), a protest to the
request. If no protest is filed within the time allowed therefore, the
proposed activity shall be deemed to be authorized effective the day
after the time allowed for filing a protest. If a protest is filed and
not withdrawn within 30 days after the allowed time for filing a
protest, the instant request shall be treated as an application for
authorization pursuant to Section 7 of the NGA.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commentors will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commentors will not be required to serve copies of filed
documents on all other parties. However, the non-party commentors will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests, and interventions via the internet in lieu of paper. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site (www.ferc.gov) under the ``e-Filing'' link.
    Persons unable to file electronically should submit an original and
14 copies of the protest or intervention to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.

    Dated: June 21, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-15834 Filed 6-27-12; 8:45 am]
BILLING CODE 6717-01-P


1 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [ EPA R06 OAR 2004 TX 0001; FRL  ]

Approval and Promulgation of Implementation Plans; Texas; Memoranda of Understanding between Texas Department of Transportation and the Texas Commission on Environmental Quality AGENCY: Environmental Protection Agency ( EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final action to approve a State Implementation Plan ( SIP)

revision submitted by the Texas Commission on Environmental Quality ( TCEQ) on August 15,

2002. This SIP revision approves the adoption by reference of a Memorandum of Understanding ( MOU) between the TCEQ and the Texas Department of Transportation ( TxDOT). The MOU is adopted into the Texas rule at 30 TAC, Chapter 7, Section 119 ( Section 7.119). This MOU concerns the coordination of environmental reviews associated with transportation projects. The adoption by reference of this MOU will streamline coordination between the TCEQ and TxDOT by consolidating separate MOUs currently in the air and water regulations. This action is important to satisfy the need of the Commission and TxDOT to coordinate regulatory programs and to ensure that overlapping areas of responsibility are clarified. This approval will make the MOU revised regulations Federally enforceable. 2 DATES: This rule is effective on [ Insert date 60 days from date of publication in the Federal Register] without further notice, unless EPA receives adverse comment by [ Insert date 30 days from date of publication in the Federal Register]. If EPA receives such comment,

EPA will publish a timely withdrawal in the Federal Register informing the public that this rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket No. EPA R06 OAR 2004 TX

0001, by one of the following methods:

° Federal eRulemaking Portal: http:// www. regulations. gov. Follow the on line instructions for submitting comments.

° EPA Region 6 " Contact Us" web site: http:// epa. gov/ region6/ r6coment. htm. Please click on " 6PD" ( Multimedia) and select " Air" before submitting comments.

° E mail: Mr. Thomas Diggs at diggs. thomas@ epa. gov. Please also send a copy by email to the person listed in the FOR FURTHER INFORMATION CONTACT section below.

° Fax: Mr. Thomas Diggs, Chief, Air Planning Section ( 6PD L), at fax number 214 665

7263.

° Mail: Mr. Thomas Diggs, Chief, Air Planning Section ( 6PD L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202 2733.

° Hand or Courier Delivery: Mr. Thomas Diggs, Chief, Air Planning Section ( 6PD L),

Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202 2733.

Such deliveries are accepted only between the hours of 8: 00am and 4: 00pm weekdays except for legal holidays. Special arrangements should be made for deliveries of boxed information. 3 Instructions: Direct your comments to Docket ID No. EPA R06 OAR 2004 TX 0001. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at www. regulations. gov, including any personal information provided,

unless the comment includes information claimed to be Confidential Business Information ( CBI)

or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www. regulations. gov or e mail. The www. regulations. gov website is an " anonymous access" system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e mail comment directly to EPA without going through www. regulations. gov your e mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD ROM you submit. 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. Electronic files should avoid the use of special characters, any form of encryption,

and be free of any defects or viruses.

Docket: All documents in the docket are listed in the www. regulations. gov index. Although listed in the index, some information is not publicly available, e. g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in www. regulations. gov or in the official file, which is available at the Air Planning Section ( 6PD L), Environmental Protection Agency, 1445 Ross Avenue, Suite 700, Dallas, Texas 4 75202 2733. The file will be made available by appointment for public inspection in the Region 6 FOIA Review Room between the hours of 8: 30am and 4: 30pm weekdays except for legal holidays. Contact the person listed in the FOR FURTHER INFORMATION CONTACT paragraph below or Mr. Bill Deese at 214 665 7253 to make an appointment. If possible, please make the appointment at least two working days in advance of your visit. There will be a 15 cent per page fee for making photocopies of documents. On the day of the visit, please check in at the EPA Region 6 reception area at 1445 Ross Avenue, Suite 700, Dallas, Texas.

The State submittal is also available for public inspection at the State Air Agency listed below during official business hours by appointment:

Texas Commission on Environmental Quailty, Office of Air Quality, 12124 Park 35 Circle,

Austin, Texas 78753.

FOR FURTHER INFORMATION CONTACT: Alima Patterson, State/ Oversight Section ( 6PD O), Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite 700,

Dallas, Texas 75202 2733, telephone ( 214) 665 7247; fax number 214 665 7263; e mail address patterson. alima@ epa. gov.

SUPPLEMENTARY INFORMATION:

Throughout this document, whenever " we", " us", or " our" is used, we mean the EPA.

Outline 5 1 At the time of the adoption of the MOU, the TCEQ name was the Texas Natural Resource Conservation Commission ( TNRCC), however, on September 1, 2002, the TNRCC agency name was changed to the TCEQ. For further legislative history on the name change, please refer to the Act of June 15, 2001, 77th Leg. R. S. Chapter 965, Section 18.01, 2001 Tex. Gen Laws 1985. The TCEQ may perform any act for which it was authorized as either the TNRCC or the Texas Water Commission ( TWC). Therefore, reference to TCEQ are references to TNRCC and to its successor, TECQ. I. What Action is EPA Taking?

II. Why Was this SIP Revision Submitted?

III. What is the Effect of this Action?

IV. Final Action V. Statutory and Executive Order Reviews I. What Action is EPA Taking?

We are granting direct final approval to a SIP revision submitted by the State of Texas which adopts by reference a MOU between the TCEQ1 and the TxDOT. The MOU was adopted into the Texas Rule at 30 TAC, Chapter 7, Section 119 ( Section 7.119) on April 10, 2002. The provisions of the new Section 7.119 of the MOU as adopted became effective on May 2, 2002,

( See 27 Texas Register 3560). The approval of this new Section 7.119 of the State regulation streamlines coordination between the Commission and TxDOT by consolidating separate MOUs currently in the State air regulations ( 30 TAC Section 114.250).

EPA is taking direct final action to approve the incorporation of this MOU into the Texas SIP.

II. Why Was this SIP Revision Submitted?

The State of Texas adopted the MOU and a new Section 7.119 and submitted the revision to EPA for approval into the SIP on August 22, 2002. The rule and MOU streamlines 6 coordination between the TCEQ and TxDOT by consolidating separate MOUs currently in the air regulations ( 30 TAC Section114.250) and in water regulations ( 30 TAC Section 305.521). The rule adopts by reference a TxDOT MOU by consolidating these separate MOUs. The TCEQ repealed 30 TAC Section 114.250 which previously contained the MOU in the air regulations.

Section 114.250 is not part of the SIP so no action on its repeal is necessary by EPA.

The EPA was given the opportunity during the State's public participation process to comment on the proposed rule and supported the repeal of Section 114.250 and Section 305.521 in favor of the new Section 7.119.

The provisions of the MOU regarding the processing of documents are in compliance with the requirements of the National Environmental Policy Act. The MOU establishes periods for review of documents and ensured coordination between the agencies on road projects that could have environmental impacts. The proposed rule does not represent a change from current practices, but is intended to streamline coordination between the two agencies by consolidating separate MOU provisions currently in the air regulations and the water regulations. There are no fiscal implications anticipated to State or Local units of government. Section 7.119 will be reevaluated each year of the first five years of the agreement between TCEQ and TxDOT. The proposed rule and the MOU satisfies the need of the commission and TxDOT to coordinate regulatory programs and to ensure that overlapping areas of responsibility are clarified. The rule/ MOU places no requirements on the regulated community.

Under 40 CFR Part 51.102, the State is required to provide public notification and conduct a public hearing prior to adoption and submission to EPA any revision under 40 CFR Part 51.104( a). The State provided for public participation in accordance with 40 CFR 51.102 7 and held a public hearing on November 27, 2001. The State provided in its SIP submittal a transcript of its public hearing, notification for the public hearing, copies of comment received and their evaluation of comments. The MOU between TECQ and TxDOT was adopted on April 10,

2002 and became effective on May 2, 2002.

This rule incorporates an MOU into the SIP. The MOU provides for a streamlined coordination of environmental reviews associated with transportation projects between TxDOT and TCEQ. As such, this rule is procedural in nature and meets and complies with the requirements of section 110( l) of the Clean Air Act.

III. What is the Effect of This Action?

EPA intends to take direct final action approving this SIP revision to incorporate by reference the MOU between TCEQ and TxDOT. The MOU will address transportation planning issues required by TxDOT and the TCEQ, specifically including processing of documents required by the National Environmental Policy Act. The MOU establishes periods for review of documents and ensures coordination between the agencies on road projects that could have environmental impacts.

IV. Final Action.

EPA is approving by the direct final rulemaking the revision to the Texas SIP adopting by reference an MOU between the TCEQ and the TXDOT. The MOU is adopted into the Texas rule at 30 TAC Section 7.119 and this rule is being approved into the SIP. The approval of this new section of the State regulation streamlines coordination between the TCEQ and TxDOT. We have evaluated the State's submittal and have determined that it meets the applicable requirements of the Clean Air Act. Therefore, we are approving the request of TCEQ to revise 8 the SIP and incorporate by reference the MOU between the Commission and TxDOT.

EPA is publishing this rule without prior proposal because we view this as a noncontroversial amendment and anticipate no adverse comments. However, in the proposed rules section of this Federal Register publication, we are publishing a separate document that will serve as the proposal to approve the SIP revision if adverse comments are received. This rule will be effective on [ FEDERAL REGISTER OFFICE: insert date 60 days from date of publication in the Federal Register] without further notice unless we receive adverse comment by [ FEDERAL REGISTER OFFICE: insert date 30 days from date of publication in the Federal Register]. If we receive adverse comments, we will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect. We will address all public comments in a subsequent final rule based on the proposed rule. We will not institute a second comment period on this action. Any parties interested in commenting must do so now. Please note that if we receive adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, we may adopt as final those provisions of the rule that are not the subject of an adverse comment.

V. Statutory and Executive Order Reviews Under Executive Order 12866 ( 58 FR 51735, October 4, 1993), this action is not a " significant regulatory action" and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, " Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use" ( 66 FR 28355, May 22, 2001). This action merely approves state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the 9 Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act ( 5 U. S. C. 601 et seq.). Because this rule approves pre existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 ( Public Law 104 4).

This rule also does not have tribal implications because it will 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, as specified by Executive Order 13175 ( 65 FR 67249, November 9, 2000).

This action also does not have Federalism implications because it does 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 ( 64 FR 43255, August 10, 1999). This action merely approves a state rule implementing a Federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. This rule also is not subject to Executive Order 13045 " Protection of Children from Environmental Health Risks and Safety Risks" ( 62 FR 19885, April 23, 1997), because it is not economically significant. 10 In reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards ( VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements of section 12( d) of the National Technology Transfer and Advancement Act of 1995 ( 15 U. S. C. 272 note) do not apply. 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.).

The Congressional Review Act, 5 U. S. C. section 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States.

EPA will submit a report containing this rule and other required information to the U. S. Senate,

the U. S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a " major rule" as defined by 5 U. S. C.

section 804( 2).

Under section 307( b)( 1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by [ FEDERAL REGISTER OFFICE: insert date 60 days from date of publication of this document in the 11 Federal Register]. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. ( See section 307( b)( 2).)

List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Intergovernmental Relations, Nitrogen oxides, Ozone, Reporting and recordkeeping requirements, Volatile Organic Compounds.

Dated: November 18, 2005 Richard E. Greene,

Regional Administrator, Region 6. 12 40 CFR part 52 is amended as follows:

PART 52 [ AMENDED]

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

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

Subpart SS   Texas 2. In § 52.2270, the table in paragraph ( e) entitled " EPA approved nonregulatory provisions and quasi regulatory measures" is amended by adding one new entry to the end of the table to read as follows:

§ 52.2270 Identification of plan.

* * * * *

( e) * * *

EPA Approved Nonregulatory Provisions and Quasi Regulatory Measures in the Texas SIP Name of SIP provision Applicable geographic or nonattainment area State approval/ submittal date EPA approval date Comments * * * * * * *

Memorandum of Understanding Between the Texas Department of Transportation and the Texas Natural Resource Conservation Commission. Statewide 08/ 15/ 2002 [ Insert date of FR publication]

[ Insert FR page number where document begins]


[Federal Register Volume 78, Number 165 (Monday, August 26, 2013)]
[Proposed Rules]
[Pages 52714-52715]
[FR Doc No: 2013-20719]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2013-0586; Airspace Docket No. 13-ASW-11]

Proposed Amendment of Class E Airspace; Gainesville, TX

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend Class E airspace at Gainesville,
TX. Decommissioning of the Gainesville radio beacon (RBN) at
Gainesville Municipal Airport has made reconfiguration necessary for
standard instrument approach procedures and for the safety and
management of Instrument Flight Rules (IFR) operations at the airport.

DATES: 0901 UTC. Comments must be received on or before October 10,
2013.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590-0001. You
must identify the docket number FAA-2013-0586/Airspace Docket No. 13-
ASW-11, at the beginning of your comments. You may also submit comments
through the Internet at http://www.regulations.gov. You may review the
public docket containing the proposal, any comments received, and any
final disposition in person in the Dockets Office between 9:00 a.m. and
5:00 p.m., Monday through Friday, except Federal holidays. The Docket
Office (telephone 1-800-

647-5527), is on the ground floor of the building at the above address.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone: (817) 321-
7716.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2013-0586/
Airspace Docket No. 13-ASW-11.'' The postcard will be date/time stamped
and returned to the commenter.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal
holidays. An informal docket may also be examined during normal
business hours at the office of the Central Service Center, 2601
Meacham Blvd., Fort Worth, TX 76137.
    Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking<PHONE_NUMBER>, to
request a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    This action proposes to amend Title 14, Code of Federal Regulations
(14 CFR), Part 71 by modifying Class E airspace extending upward from
700 feet above the surface for standard instrument approach procedures
at Gainesville Municipal Airport, Gainesville, TX. Airspace
reconfiguration to within a 6.6-mile radius of the airport, with a
segment extending from the 6.6-mile radius to 10.4 miles north of the
airport, is necessary due to the decommissioning of the Gainesville RBN
and the cancellation of the NDB approach. Controlled airspace is
necessary for the safety and management of IFR operations at the
airport. Geographic coordinates would also be updated to coincide with
the FAA's aeronautical database.
    Class E airspace areas are published in Paragraph 6005 of FAA Order
7400.9W, dated August 8, 2012 and effective September 15, 2012, which
is incorporated by reference in 14 CFR 71.1. The Class E airspace
designation listed in this document would be published subsequently in
the Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore, (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a Regulatory Evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, Section 106 describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would amend controlled airspace at Gainesville Municipal Airport,
Gainesville, TX.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

     Authority: 49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9W,
Airspace Designations and Reporting Points, dated August 8, 2012, and
effective September 15, 2012, is amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth.

* * * * *

ASW TX E5 Gainesville, TX [Amended]

Gainesville Municipal Airport, TX
    (Lat. 33[deg]09'08'' N., long. 97[deg]11'50'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.6-mile radius of Gainesville Municipal Airport, and
within 1 mile each side of the 001[deg] bearing from the airport
extending from the 6.6-mile radius to 10.4 miles north of the
airport.

    Issued in Fort Worth, TX, on August 16, 2013.
David P. Medina,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2013-20719 Filed 8-23-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: June 2, 2009 (Volume 74, Number 104)]
[Notices]
[Page 26408-26409]
[DOCID:fr02jn09-71]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-N-0671]

 Cooperative Agreement to Support the Illinois Institute of
Technology's National Center for Food Safety and Technology (U01)

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing its
intention to receive and consider a single source application for the
award of a cooperative agreement in fiscal year 2009 (FY09) to the
Illinois Institute of Technology (IIT) to support the National Center
for Food Safety and Technology (NCFST). The estimated amount of support
in FY09 will be for up to $7 million (direct plus indirect costs), with
the possibility of 4 additional years of support for up to $28 million,
subject to the availability of funds. This award will improve public
health by continued support of an applied research, education, and
outreach program related to the safety of food processing technologies
and processed foods.

DATES: The application due date is June 28, 2009. The anticipated start
date is September 2009. The opening date was May 28, 2009.

FOR FURTHER INFORMATION AND ADDITIONAL REQUIREMENTS CONTACT: For more
information on this funding opportunity announcement (FOA) and to
obtain detailed requirements, please refer to the full FOA located at
http://www.cfsan.fda.gov/list.html.

SUPPLEMENTARY INFORMATION:

I. Funding Opportunity Description

Request for Application Number: RFA-FD-09-004
Catalog of Federal Domestic Assistance: 93.103

A. Background

    FDA has supported the NCFST under five previously awarded
cooperative agreements (53 FR 15736; 56 FR 46189; 59 FR 24703; 64 FR
39512; and 69 FR 25405). NCFST was established by IIT to bring together
the food safety and technology expertise of academia, industry and FDA
for the purpose of enhancing the safety of the food supply in the
common goal of enhancing and improving the safety of the food for U.S.
consumers. NCFST is structured so that representatives of participating
organizations play a role in establishing policy and administrative
procedures as well as identifying long- and short-term research needs.
With this organizational structure, NCFST is able to build cooperative
food safety programs on a foundation of knowledge about current
industrial trends in food processing and packaging technologies,
regulatory perspectives from public health organizations, and
fundamental scientific expertise from academia.

B. Research Objectives

    The FDA recognizes that food production and processing technology
is rapidly changing, that globalization of the food supply is
increasing, and that the number and nature of the hazards associated
with foods are rapidly evolving. FDA intends to maintain and facilitate
the further development of NCFST for the purpose of enhancing food
safety to benefit the public. NCFST is uniquely positioned as a key
component of FDA's food protection program. Specifically, through the
center's science platforms, the research at NCFST focuses on the
development and validation of food processing and packaging
technologies for safety and quality; investigation and development of
preventive technologies targeted to reduce or eliminate harmful
chemical and microbial contamination of foods; and the effects of
processing on the stability and safety of bioactive ingredients added
to or naturally occurring in foods. Additionally, the development of an
integrated collaborative food protection research/education/outreach
program will provide fundamental food safety information, in the public
domain, for use by all segments of the food science community in
product and process development, regulatory activities, academic
programs and consumer programs.

C. Eligibility Information

    Competition is limited to the IIT. FDA believes that continued
support of NCFST at IIT is appropriate because IIT is uniquely
qualified to fulfill the objectives of the proposed cooperative
agreement. IIT's Moffet Center, where NCFST is located, is a unique
research facility which includes an industrial-size pilot plant and
smaller pilot plants for food processing and packaging equipment, a
pathogen containment pilot plant, a packaging laboratory, analytical
laboratories, offices, containment facilities, classrooms, and support
facilities which permit research from bench-top to industrial-scale.
The industrial-size pilot plant is built to accommodate routine food
processing and packaging research in a commercial atmosphere. The
physical layout of the facility provides maximum versatility in the use
and arrangement of equipment of both commercial and pilot size, and in
the capability to simultaneously operate several different pieces of
equipment without interference with each other. Additionally, NCFST has
a BL3 pilot plant and laboratory as well as a select agent laboratory
to conduct studies with C. botulinum and other selected agents. NCFST
researchers have access to nutritional clinical facilities on the IIT
campus for validating in humans how processing may impact the
availability of bioactive ingredients added to or naturally occurring
in foods.

II. Award Information/Funds Available

A. Award Amount

    The estimated amount of funds available for support in FY 2009 will
be for up to $7 million (direct plus indirect costs), with the
possibility of 4 additional years of support for up to $28 million,
subject to the availability of funds. Future year amounts will depend
on annual appropriations and successful performance.
    This award will be funded based on the quality (e.g., how well the
grantee responds to the RFA (request for application) requirements) of
the application received and is subject to availability of Federal
funds to support the project. In addition, if a cooperative agreement
is awarded, the grantee will be informed of any additional
documentation that should be submitted to FDA. This cooperative
agreement program requires that the applicant substantially share in
the project costs if an award is made.
    FDA grants policies as described in the DHHS (Department of Health
and Human Services) Policy Statement, http://www.hhs.gov/grantsnet/
adminis/gpd/index.htm, will apply to the applications submitted and
awards made in response to this FOA.

B. Length of Support

    The award will provide 1 year of support and include future
recommended support for 4 additional years, contingent upon
satisfactory performance in the achievement of project and program
reporting objectives during the preceding year and the availability of
Federal fiscal year appropriations.

III. How to Submit a Paper Application

    To submit a paper application in response to this FOA, applicants
should first review the full announcement located at http://
www.cfsan.fda.gov/list.html. Persons interested in applying for a grant
may obtain an a copy of the PHS 398 application at http://
grants.nih.gov/grants/forms.html
    For paper submissions, the following steps are required:
     Step 1: Obtain a DUNS Number
     Step 2: Register with Central Contractor Registration
(CCR)
    Information on the process necessary to obtain DUNS and register in
CCR can be found at http://www07.grants.gov/applicants/organization_
registration.jsp.
    Submit one (1) original signed copy of the application to: Gladys
M. Bohler, Food and Drug Administration, Division of Acquisition
Support and Grants, 5630 Fishers Lane, rm. 2105 (HFA-500), Rockville,
MD 20857,<PHONE_NUMBER>, FAX:<PHONE_NUMBER>, email: gladys.melendez-
<EMAIL_ADDRESS>    Submit five (5) copies of the paper application to: Donald L. Zink,
Food and Drug Administration, Center for Food Safety and Applied
Nutrition (HFS-006), 5100 Paint Branch Pkwy., College Park, MD 20740,
301-436-2290, email<EMAIL_ADDRESS>
    Dated: May 27, 2009.
Jeffrey Shuren,
Associate Commissioner for Policy and Planning.
[FR Doc. E9-12798 Filed 6-1-09; 8:45 am]

BILLING CODE 4160-01-S