[Federal Register Volume 85, Number 160 (Tuesday, August 18, 2020)]
[Rules and Regulations]
[Pages 50780-50783]
[FR Doc No: 2020-17037]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 1 and 1005

[Docket No. FDA-2019-N-0011]

Office of Regulatory Affairs Division Director; Technical
Amendments

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule; technical amendments.

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SUMMARY: The Food and Drug Administration (FDA, the Agency, or we) is
revising its regulations to reflect changes to the Agency's
organizational structure, including the reorganization of the Office of
Regulatory Affairs (ORA). The revisions update addresses and replace
references to the district officials with references to division
officials. The rule does not impose any new regulatory requirements on
affected parties. This action is editorial in nature and is intended to
improve the accuracy of the Agency's regulations.

DATES: This rule is effective August 18, 2020.

FOR FURTHER INFORMATION CONTACT: Holli Kubicki, Office of Regulatory
Affairs, Food and Drug Administration, 12420 Parklawn Dr., Rockville,
MD 20852,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    ORA has reorganized to align field activities by FDA-regulated
commodity (e.g., food, drugs, medical devices) or program area (e.g.,
imports). As a result, ORA division officials now perform certain
duties such as those related to administrative appeals and informal
hearings previously performed by district officials. FDA regulations
included numerous references to district officials. The revisions made
by this rule update these references to division officials, but do not
alter any substantive standards.

II. Description of the Technical Amendments

    The regulations specified in this rule have been revised to replace
references to the ORA Official, including ``District Director'' with
references to the ORA division official, including ``Division
Director,'' to reflect the ORA program alignment. In addition, we have
updated the references to U.S. Customs and Border Protection, updated
several addresses, and have made minor conforming amendments and

grammatical changes as necessary to accommodate the new terminology.
Finally, we have modified the hourly cost calculations related to
overseeing reconditioning of imported products to bring them into
compliance with the Federal Food, Drug, and Cosmetic Act to reflect 10
legal public holidays.
    We are making these technical amendments to revise descriptions of
FDA officials designated to perform certain functions. The amendments
are technical and editorial in nature and should not be construed as
modifying any substantive standards.

III. Notice and Public Comment

    Publication of this document constitutes final action of these
changes under the Administrative Procedure Act (APA) (5 U.S.C. 553).
Section 553 of the APA exempts ``rules of agency organization,
procedure, or practice'' from proposed rulemaking (i.e., notice and
comment rulemaking). 5 U.S.C. 553(b)(3)(A). Rules are also exempt when
an agency finds ``good cause'' that notice and comment rulemaking
procedures would be ``impracticable, unnecessary, or contrary to the
public interest.'' 5 U.S.C. 553(b)(3)(B).
    FDA has determined that this rulemaking meets the notice and
comment exemption requirements in 5 U.S.C. 553(b)(3)(A) and (B). FDA's
revisions make technical or non-substantive changes that pertain solely
to the designation of FDA officials, and do not alter any substantive
standard. FDA does not believe public comment is necessary for these
minor revisions.
    The APA allows an effective date less than 30 days after
publication as ``provided by the agency for good cause found and
published with the rule'' (5 U.S.C. 553(d)(3)). A delayed effective
date is unnecessary in this case because the amendments do not impose
any new regulatory requirements on affected parties. As a result,
affected parties do not need time to prepare before the rule takes
effect. Therefore, FDA finds good cause for the amendments to become
effective on the date of publication of this action.

List of Subjects

21 CFR Part 1

    Cosmetics, Drugs, Exports, Food labeling, Imports, Labeling,
Reporting and recordkeeping requirements.

21 CFR Part 1005

    Administrative practice and procedure, Electronic products,
Imports, Radiation protection, Surety bonds.

    Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs, 21 CFR parts
1 and 1005 are amended as follows:

PART 1--GENERAL ENFORCEMENT REGULATIONS

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

    Authority:  15 U.S.C. 1333, 1453, 1454, 1455, 4402; 19 U.S.C.
1490, 1491; 21 U.S.C. 321, 331, 332, 333, 334, 335a, 342, 343, 350c,
350d, 350e, 350j, 350k, 352, 355, 360b, 360ccc, 360ccc-1, 360ccc-2,
362, 371, 373, 374, 379j-31, 381, 382, 384a, 384b, 384d, 387, 387a,
387c, 393; 42 U.S.C. 216, 241, 243, 262, 264, 271; Pub. L. 107-188,
116 Stat. 594, 668-69; Pub. L. 111-353, 124 Stat. 3885, 3889.

0
2. Amend Sec.  1.83 by revising paragraph (b) to read as follows:

Sec.  1.83  Definitions.

* * * * *
    (b) The term division director means the director of the division
of the Food and Drug Administration having jurisdiction over the port
of entry through which an article is imported or offered for import, or
such officer of the division as he or she may designate to act on his
or her behalf in administering and enforcing the provisions of section
801(a), (b), and (c).

0
3. Revise Sec.  1.90 to read as follows:

Sec.  1.90  Notice of sampling.

    When a sample of an article offered for import has been requested
by the division director, FDA shall provide to the owner or consignee
prompt notice of delivery of, or intention to deliver, such sample.
Upon receipt of the notice, the owner or consignee shall hold such
article and not distribute it until further notice from the division
director or U.S. Customs and Border Protection of the results of
examination of the sample.

0
4. In Sec.  1.91, revise the second sentence to read as follows:

Sec.  1.91  Payment for samples.

    * * * Billing for reimbursement should be made by the owner or
consignee to the Food and Drug Administration division where the
shipment was offered for import. * * *

0
5. Amend Sec.  1.94 by revising the first sentence of paragraph (a),
the second sentence of paragraph (b), and paragraph (c) to read as
follows:

Sec.  1.94  Hearing on refusal of admission or destruction.

    (a) If it appears that the article may be subject to refusal of
admission or that the article is a drug that may be subject to
destruction under section 801(a) of the Federal Food, Drug, and
Cosmetic Act, the division director shall give the owner or consignee a
written or electronic notice to that effect, stating the reasons
therefor. * * *
    (b) * * * If such application is not submitted at or prior to the
hearing on refusal of admission, the division director shall specify a
time limit, reasonable in the light of the circumstances, for filing
such application.
    (c) If the article is a drug that may be subject to destruction
under section 801(a) of the Federal Food, Drug, and Cosmetic Act, the
division director may give the owner or consignee a single written or
electronic notice that provides the notice of refusal of admission and
the notice of destruction of an article described in paragraph (a) of
this section. The division director may also combine the hearing on
refusal of admission with the hearing on destruction of the article
described in paragraph (a) of this section into a single proceeding.

0
6. Amend Sec.  1.95 by revising the introductory text to read as
follows:

Sec.  1.95  Application for authorization to relabel and recondition.

    Application for authorization to relabel or perform other action to
bring the article into compliance with the Federal Food, Drug, and
Cosmetic Act or to render it other than a food, drug, device, or
cosmetic may be filed only by the owner or consignee, and shall:
* * * * *

0
7. Amend Sec.  1.96 by revising paragraph (a) introductory text and
paragraphs (a)(3), (b), (c), and (d) to read as follows:

Sec.  1.96  Granting of authorization to relabel and recondition.

    (a) When authorization of a proposal under Sec.  1.95 is granted by
the division director, the applicant shall be notified of
authorization, in writing, which may include:
* * * * *
    (3) That the operations are to be carried out under the supervision
of an officer of the Food and Drug Administration or U.S. Customs and
Border Protection, as appropriate;
* * * * *
    (b) Upon receipt of a written request for extension of time to
complete such operations, containing reasonable grounds therefor, the
division director may grant such additional time as he or she deems
necessary.
    (c) An authorization may be amended upon a showing of reasonable
grounds therefor and the filing of an amended application for
authorization with the division director.
    (d) If ownership of an article covered by an authorization changes
before the

operations specified in the authorization have been completed, the
original owner will be held responsible, unless the new owner has
executed a bond with U.S. Customs and Border Protection and obtained a
new authorization from the Food and Drug Administration division
director. Any authorization granted under this section shall supersede
and nullify any previously granted authorization with respect to the
article.

0
8. Revise Sec.  1.97 to read as follows:

Sec.  1.97  Bonds.

    (a) The bond requirements under section 801(b) of the Federal Food,
Drug, and Cosmetic Act may be satisfied by the owner or consignee
executing, on the appropriate U.S. Customs and Border Protection form,
a single-transaction or continuous bond, containing a condition for the
redelivery of the merchandise or any part thereof upon demand of U.S.
Customs and Border Protection and containing a provision for the
performance of conditions as may legally be imposed for the relabeling
or other action necessary to bring the article into compliance with the
act or rendering it other than a food, drug, device, or cosmetic, in
such manner as is prescribed for such bond in the customs regulations
in force on the date of request for authorization. The bond shall be
filed with U.S. Customs and Border Protection.
    (b) U.S. Customs and Border Protection may cancel the liability for
liquidated damages incurred under the above-mentioned provisions of
such a bond, if U.S. Customs and Border Protection receives an
application for relief therefrom, upon the payment of a lesser amount
or upon such other terms and conditions as shall be deemed appropriate
under the law and in view of the circumstances, but U.S. Customs and
Border Protection shall not act under this regulation unless the Food
and Drug Administration division director is in full agreement with the
action.

0
9. Amend Sec.  1.99 by revising paragraphs (b), (c), and (d) to read as
follows:

Sec.  1.99  Costs chargeable in connection with relabeling and
reconditioning inadmissible imports.

* * * * *
    (b) Per diem in lieu of subsistence of the supervising officer when
away from his or her home station, as provided by law.
    (c) The charge for the services of the supervising officer, which
shall include administrative support, shall be computed at a rate per
hour equal to 267 percent of the hourly rate of regular pay of a grade
GS-11/4 employee, except that such services performed by a customs
officer and subject to the provisions of the act of February 13, 1911,
as amended (sec. 5, 36 Stat. 901, as amended (19 U.S.C. 267)), shall be
calculated as provided in that act.
    (d) The charge for the service of the analyst, which shall include
administrative and laboratory support, shall be computed at a rate per
hour equal to 267 percent of the hourly rate of regular pay of a grade
GS-12/4 employee. The rate per hour equal to 267 percent of the
equivalent hourly rate of regular pay of the supervising officer (GS-
11/4) and the analyst (GS-12/4) is computed as follows:

                        Table 1 to Paragraph (d)
------------------------------------------------------------------------
                                                                  Hours
------------------------------------------------------------------------
Gross number of working hours in 52 40-hr weeks................    2,080
Less:
    10 legal public holidays--New Year's Day, Birthday of             80
     Martin Luther King, Jr., Washington's Birthday, Memorial
     Day, Independence Day, Labor Day, Columbus Day, Veterans
     Day, Thanksgiving Day, and Christmas Day..................
    Annual leave--26 d.........................................      208
    Sick leave--13 d...........................................      104
                                                                --------
        Total..................................................      392
                                                                --------
        Net number of working hours............................    1,688
------------------------------------------------------------------------
Gross number of working hours in 52 40-hr weeks................    2,080
Working hour equivalent of Government contributions for              176
 employee retirement, life insurance, and health benefits
 computed at 8\1/2\ pct. of annual rate of pay of employee.....
    Equivalent annual working hours............................    2,256
Support required to equal to 1 person-year.....................    2,256
    Equivalent gross annual working hours charged to Food and      4,512
     Drug appropriation........................................
------------------------------------------------------------------------
Note: Ratio of equivalent gross annual number of working hours charged
  to Food and Drug appropriation to net number of annual working hours
  4,512/1,688 = 267 pct.

* * * * *

0
10. Amend Sec.  1.101 to revise paragraphs (d)(2)(ii) and (iii) to read
as follows:

Sec.  1.101  Notification and recordkeeping.

* * * * *
    (d) * * *
    (2) * * *
    (ii) For human drug products, biological products, and devices
regulated by the Center for Drug Evaluation and Research--Office of
Drug Security, Integrity and Response, Center for Drug Evaluation and
Research, Food and Drug Administration, 10903 New Hampshire Ave.,
Silver Spring, MD 20993-0002.
    (iii) For devices--DRP2: Division of Establishment Support, Office
of Regulatory Programs, Office of Product Evaluation and Quality,
Center for Devices and Radiological Health, 10903 New Hampshire Ave.,
Bldg. 66, Rm. 1423, Silver Spring, MD 20993.
* * * * *

0
11. Amend Sec.  1.280 by revising the first sentence of paragraph (c)
to read as follows:

Sec.  1.280  How must you submit prior notice?

* * * * *
    (c) If FDA determines that FDA PNSI or the Operational and
Administration System for Import Support (OASIS) is not working, FDA
will post prominent notification and instructions at https://
www.access.fda.gov--see log-in page. * * *

PART 1005--IMPORTATION OF ELECTRONIC PRODUCTS

0
12. The authority citation for part 1005 continues to read as follows:

    Authority: 21 U.S.C. 360ii, 360mm.

0
13. Amend Sec.  1005.11 by revising the second sentence to read as
follows:

Sec.  1005.11  Payment for samples.

    * * * Billing for reimbursement should be made by the owner or
consignee to the Food and Drug Administration division where the
shipment was offered for import. * * *

0
14. Amend Sec.  1005.24 to revise paragraphs (b) and (c) to read as
follows:

Sec.  1005.24  Costs of bringing product into compliance.

* * * * *
    (b) Per diem in lieu of subsistence of the supervising officer when
away from his or her home station, as provided by law;
    (c)(1) The charge for the services of the supervising officer,
which shall include administrative support, shall be computed at a rate
per hour equal to 267 percent of the hourly rate of regular pay of a
grade GS-11/4 employee, except that such services performed by a
customs officer and subject to the provisions of the act of February
13, 1911, as amended (section 5, 36 Stat. 901, as amended (19 U.S.C.
267)), shall be calculated as provided in that act.
    (2) The charge for the services of the analyst, which shall include
administrative and laboratory support, shall be computed at a rate per
hour equal to 267 percent of the hourly rate of regular pay of a grade
GS-12/4 employee.
    (3) The rate per hour equal to 267 percent of the equivalent hourly
rate of regular pay of the supervising officer (GS-11/4) and the
analyst (GS-12/4) is computed as follows:

                       Table 1 to Paragraph (c)(3)
------------------------------------------------------------------------
                                                                  Hours
------------------------------------------------------------------------
Gross number of working hours in 52 40-hour weeks..............    2,080
Less:
    10 legal public holidays--New Year's Day, Birthday of             80
     Martin Luther King, Jr., Washington's Birthday, Memorial
     Day, Independence Day, Labor Day, Columbus Day, Veterans
     Day, Thanksgiving Day, and Christmas Day..................
    Annual Leave--26 days......................................      208
    Sick Leave--13 days........................................      104
                                                                --------
        Total..................................................      392
                                                                --------
        Net number of working hours............................    1,688
------------------------------------------------------------------------
Gross number of working hours in 52 40-hour weeks..............    2,080
Working hour equivalent of Government contributions for              176
 employee retirement, life insurance, and health benefits
 computed at 8\1/2\% of annual rate of pay of employee.........
Equivalent annual working hours................................    2,256
Support required to equal to 1 person-year.....................    2,256
Equivalent gross annual working hours charged to Food and Drug     4,512
 appropriation.................................................
------------------------------------------------------------------------
Note: Ratio of equivalent gross annual number of working hours charged
  to Food and Drug appropriation to net number of annual working hours
  (4,512/1,688) = 267 pct.

* * * * *

    Dated: July 30, 2020.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2020-17037 Filed 8-17-20; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register: June 22, 2006 (Volume 71, Number 120)]
[Notices]
[Page 35893]
[DOCID:fr22jn06-73]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IS06-259-000]

Platte Pipe Line Company; Notice of Technical Conference

June 15, 2006.
    Take notice that the Commission will convene a technical conference
on Friday, July 14, 2006, at 9 a.m. (EDT), in a room to be designated
at the offices of the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    The technical conference will address all aspects of Platte's
Supplement No. 7 to its FERC Tariff No. 1456 proposing to establish a
new prorationing policy for crude oil volumes moving east of Guernsey,
Wyoming, as discussed in the Commission's Order issued on May 19,
2006.\1\ Platte's current prorationing methodology allocates capacity
monthly on the basis of shippers' nominations as a percentage of
available capacity. The provisions of Supplement No. 7 would allocate
capacity among Historic Shippers and New Shippers, which are defined as
those moving injection volumes in four or less months of the six months
used in the historical calculation. Platte proposes to base the revised
calculation on a past six-month period and also proposes to allocate
New Shippers 10 percent of available capacity, with no individual New
Shipper allocated more than three percent of available capacity.
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    \1\ Platte Pipe Line Company, 115 FERC ] 61,215 (2006).
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    FERC conferences are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations please
send an e-mail to<EMAIL_ADDRESS>or call toll free (866) 208-
3372 (voice) or<PHONE_NUMBER> (TTY), or send a fax to<PHONE_NUMBER> with
the required accommodations.
    All interested persons are permitted to attend. For further
information please contact Jenifer Lucas at<PHONE_NUMBER> or e-mail
<EMAIL_ADDRESS>

Magalie R. Salas,
Secretary.
[FR Doc. E6-9805 Filed 6-21-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 177 (Wednesday, September 12, 2012)]
[Notices]
[Page 56253]
[FR Doc No: 2012-22466]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

60th Meeting: RTCA Special Committee 135, Environmental
Conditions and Test Procedures for Airborne Equipment

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

ACTION: Meeting Notice of RTCA Special Committee 135, Environmental
Conditions and Test Procedures for Airborne Equipment

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SUMMARY: The FAA is issuing this notice to advise the public of the
sixtieth meeting of the RTCA Special Committee 135, Environmental
Conditions and Test Procedures for Airborne Equipment

DATES: The meeting will be held November 8, 2012 from 9 a.m.--5 p.m.

ADDRESSES: The meeting will be held at FAA Aircraft Certification
Office, 2601 Meacham Blvd., Ft. Worth, TX 76137. Foreign Nationals will
need to complete a Foreign National Authorization Form. Send a
completed form to host/point of contact: Daniele Jordan at the
following email address<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: The RTCA Secretariat, 1150 18th
Street, NW., Suite 910, Washington, DC, 20036, or by telephone at (202)
330-0652/(202) 833-9339, fax at<PHONE_NUMBER>, or Web site at http://www.rtca.org.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a) (2) of the Federal
Advisory Committee Act (Pub. L. No. 92-463, 5 U.S.C., App.), notice is
hereby given for a meeting of Special Committee 135. The agenda will
include the following:

November 8, 2012

 Chairmen's Opening Remarks, Introductions.
 Introduce FAA Representative
 Approval of Summary from the Fifty-Ninth Meeting
 Presentation on the rotorcraft DO-160 environmental
qualification of equipment
 Review open proposal's for User's Guide's
 Review Working Group activities
     Section 4
     Section 5
     Section 8
     Section 16
     Section 20
     Section 21
 RTCA Workspace Discussion
 New/Unfinished Business
     Errata Sheet
     Schedule for Users Guide
 Establish Date for Next SC-135 Meeting
 Closing/Adjourn

    Attendance is open to the interested public but limited to space
availability. With the approval of the chairman, members of the public
may present oral statements at the meeting. Persons wishing to present
statements or obtain information should contact the person listed in
the FOR FURTHER INFORMATION CONTACT section. Members of the public may
present a written statement to the committee at any time.

    Issued in Washington, DC, on September 7, 2012.
David Sicard,
Manager, Business Operations Group, Federal Aviation Administration.
[FR Doc. 2012-22466 Filed 9-11-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 223 (Tuesday, November 19, 2013)]
[Proposed Rules]
[Pages 69318-69320]
[FR Doc No: 2013-27640]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0966; Directorate Identifier 2013-CE-040-AD]
RIN 2120-AA64

Airworthiness Directives; Rockwell Collins, Inc. Transponders

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Rockwell Collins TPR-720 and TPR-900 Mode select (S)
transponders that are installed on airplanes. This proposed AD was
prompted by the identification that the TPR-720 and TPR-900 Mode S
transponders respond intermittently to Mode S interrogations from both
ground-based and traffic collision avoidance system (TCAS-) equipped
airplanes. This proposed AD would require testing and calibration of
the alignment of the transponders. We are proposing this AD to correct
the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by January 3, 2014.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, 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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Rockwell Collins, Inc., Collins Aviation Services, 350 Collins Road
NE., M/S 153-250, Cedar Rapids, IA 52498-0001; telephone:<PHONE_NUMBER>
(U.S.) or<PHONE_NUMBER>; fax:<PHONE_NUMBER> (outside U.S.); email:
<EMAIL_ADDRESS>Internet: http://www.rockwellcollins.com/Services_and_Support/Publications.aspx. You
may review this referenced service information at the FAA, Small
Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call (816)
329-4148.

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 (phone:<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Roger A. Souter, FAA, Wichita Aircraft
Certification Office, 1801 Airport Road, Room 100, Wichita, Kansas
67209; telephone:<PHONE_NUMBER>; facsimile:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2013-0966;
Directorate Identifier 2013-CE-040-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

    FAA surveillance and testing of Mode S transponders, associated
with an upcoming change to the National Airspace System (NAS) ground-
based system software, exposed a deficiency in the capability of the
Rockwell Collins TPR-720 and TPR-900 series transponders to properly
respond to Mode S interrogations from both ground-based radars and
TCAS-equipped airplanes.
    FAA and Rockwell Collins, Inc. investigated the deficiency with the
transponders and determined that age and lack of depot-level
maintenance may cause a shift in the sync phase reversal tolerance
causing intermittent replies to the Mode S and TCAS II interrogations.
The transponder receiver

misalignment requires calibration to correct the problem.
    This unsafe condition, if not corrected, could result in possible
misalignment issues with the transponders that could lead to increased
pilot and air traffic controller workload as well as reduced separation
of airplanes.

Relevant Service Information

    Rockwell Collins, Inc. issued Service Information Letter 13-1, 523-
0821603-101000, Revision No. 1, dated October 24, 2013. The service
letter describes procedures for testing the transponders for proper
alignment.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would require testing and calibration of the
alignment of the TPR-720 and TPR-900 Mode S transponders.

Costs of Compliance

    We estimate that this proposed AD affects 4,000 products that are
installed on airplanes of U.S. registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on  U.S.
              Action                      Labor cost            Parts cost           product        operators
----------------------------------------------------------------------------------------------------------------
Test and calibration of the         4 x $85 per hour =     Not applicable......            $340       $1,360,000
 transponders.                       $340.
----------------------------------------------------------------------------------------------------------------

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),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

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

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

Rockwell Collins, Inc.: Docket No. FAA-2013-0966; Directorate
Identifier 2013-CE-040-AD.

(a) Comments Due Date

    We must receive comments by January 3, 2014.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to the following Rockwell Collins, Inc. Mode
S transponders that are installed on but not limited to the
airplanes listed in paragraphs (c)(2)(i) and (c)(2)(ii) of this AD:
    (i) TPR-720: CPN 622-7878-001, 622-7878-020, 622-7878-120, 622-
7878-200, 622-7878-201, 622-7878-301, 622-7878-440, 622-7878-460,
622-7878-480, 622-7878-901; and
    (ii) TPR-900: CPN 822-0336-001, 822-0336-020, 822-0336-220, 822-
0336-440, 822-0336-460, 822-0336-480, 822-0336-902.
    (2) The products listed in paragraphs (c)(1)(i) and (c)(1)(ii)
of this AD may be installed on but not limited to the following
airplanes, certificated in any category:
    (i) Airbus Models A319, A320, A330, A340; and
    (ii) Boeing Models B777, B747, MD-80, and DC-9.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 34, Navigation.

(e) Unsafe Condition

    This AD was prompted by the identification that the TPR-720 and
TPR-900 Mode S transponders respond intermittently to Mode S
interrogations from both ground-based and traffic collision
avoidance system equipped airplanes. We are issuing this AD to
correct possible misalignment issues with the transponders that
could result in increased pilot and air traffic controller workload
as well as reduced separation of airplanes.

(f) Compliance

    Comply with this AD within the compliance times specified in
paragraph (g) of this AD, unless already done.

(g) Test and Calibration

    Within the next 2 years after the effective date of this AD and
repetitively thereafter at intervals not to exceed every 4 years,
send the TPR-720 and TPR-900 Mode S transponders to a certified
repair facility for test and calibration to assure proper alignment
following Rockwell Collins, Inc. Service Information Letter 13-1,
523-0821603-101000, Revision No. 1, dated October 24, 2013.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Wichita Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if

requested using the procedures found in 14 CFR 39.19. In accordance
with 14 CFR 39.19, send your request to your principal inspector or
local Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in paragraph (i)(1) of this AD.
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(i) Related Information

    (1) For more information about this AD, contact Roger A. Souter,
FAA, Wichita ACO, 1801 Airport Road, Room 100, Wichita, Kansas
67209; telephone:<PHONE_NUMBER>; facsimile:<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Rockwell Collins, Inc., Collins Aviation Services, 350 Collins Road
NE., M/S 153-250, Cedar Rapids, IA 52498-0001; telephone: 888-265-
5467 (U.S.) or<PHONE_NUMBER>; fax:<PHONE_NUMBER> (outside U.S.);
email<EMAIL_ADDRESS>Internet: http://www.rockwellcollins.com/Services_and_Support/Publications.aspx.
You may review this referenced service information at the FAA, Small
Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call
(816) 329-4148.

    Issued in Kansas City, Missouri, on November 11, 2013.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2013-27640 Filed 11-18-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 32 (Friday, February 17, 2017)]
[Notices]
[Pages 11031-11032]
[FR Doc No: 2017-03158]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 298-080]

Southern California Edison Company; Notice of Intent To File
License Application, Filing of Pre-Application Document (PAD),
Commencement of Pre-Filing Process, and Scoping; Request for Comments
on the PAD and Scoping Document, and Identification of Issues and
Associated Study Requests

    a. Type of Filing: Notice of Intent To File License Application for
a New License and Commencing Pre-filing Process.
    b. Project No.: 298-080.
    c. Date Filed: December 14, 2016.
    d. Submitted by: Southern California Edison Company (Applicant or
SCE).
    e. Name of Project: Kaweah Hydroelectric Project.
    f. Location: On the Kaweah River and East Fork Kaweah River in
Tulare County, California. The project occupies public lands
administered by the Bureau of Land Management. The project incorporates
non-project facilities (diversion structures and water conveyance
facilities) located within Sequoia National Park, which are authorized
by a National Park Service special use permit.
    g. Filed Pursuant to: 18 CFR part 5 of the Commission's
Regulations.
    h. Potential Applicant Contact: Wayne P. Allen, Principle Manager,
Hydro Licensing and Implementation, Southern California Edison Company,
1515 Walnut Grove Avenue, Rosemead, CA 91770,<PHONE_NUMBER> or email
at<EMAIL_ADDRESS>    i. FERC Contact: Jim Hastreiter at<PHONE_NUMBER> or email at
<EMAIL_ADDRESS>    j. Cooperating agencies: Federal, state, local, and tribal agencies
with jurisdiction and/or special expertise with respect to
environmental issues that wish to cooperate in the preparation of the
environmental document should follow the instructions for filing such
requests described in item o below. Cooperating agencies should note
the Commission's policy that agencies that cooperate in the preparation
of the environmental document cannot also intervene. See 94 FERC ]
61,076 (2001).
    k. With this notice, we are initiating informal consultation with:
(a) The U.S. Fish and Wildlife Service under section 7 of the
Endangered Species Act and the joint agency regulations thereunder at
50 CFR, part 402 and (b) the State Historic Preservation Officer, as
required by section 106, National Historic Preservation Act, and the
implementing regulations of the Advisory Council on Historic
Preservation at 36 CFR 800.2.
    l. With this notice, we are designating the Applicant as the
Commission's non-federal representatives for carrying out informal
consultation, pursuant to section 7 of the Endangered Species Act and
section 106 of the National Historic Preservation Act.
    m. On December 14, 2016, the Applicant filed with the Commission a
Pre-Application Document (PAD; including a proposed process plan and
schedule), pursuant to 18 CFR 5.6 of the Commission's regulations.
    n. A copy of the PAD is available for review at the Commission in
the Public Reference Room or may be viewed on the Commission's Web site
(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 Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). A copy is also available for inspection and reproduction at
the address in paragraph h.
    Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filing and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    o. With this notice, we are soliciting comments on the PAD and

Commission's staff Scoping Document 1 (SD1), as well as study requests.
All comments on the PAD and SD1, and study requests should be sent to
the address above in paragraph h. In addition, all comments on the PAD
and SD1, study requests, requests for cooperating agency status, and
all communications to and from Commission staff related to the merits
of the potential application must be filed with the Commission.
    The Commission strongly encourages electronic filing. Please file
all documents using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>In lieu of electronic filing, please send a
paper copy to: Secretary, Federal Energy Regulatory Commission, 888
First Street NE., Washington, DC 20426. The first page of any filing
should include docket number P-298-080.
    All filings with the Commission must bear the appropriate heading:
``Comments on Pre-Application Document,'' ``Study Requests,''
``Comments on Scoping Document 1,'' ``Request for Cooperating Agency
Status,'' or ``Communications to and from Commission Staff.'' Any
individual or entity interested in submitting study requests,
commenting on the PAD or SD1, and any agency requesting cooperating
status must do so by April 13, 2017.
    p. Although our current intent is to prepare an environmental
assessment (EA), there is the possibility that an Environmental Impact
Statement (EIS) will be required. Nevertheless, this meeting will
satisfy the NEPA scoping requirements, irrespective of whether an EA or
EIS is issued by the Commission.

Scoping Meetings

    Commission staff will hold two scoping meetings in the vicinity of
the project at the times and places noted below. The daytime meeting
will focus on resource agency, Indian tribes, and non-governmental
organization concerns, while the evening meeting is primarily for
receiving input from the public. We invite all interested individuals,
organizations, and agencies to attend one or both of the meetings, and
to assist staff in identifying particular study needs, as well as the
scope of environmental issues to be addressed in the environmental
document. The times and locations of these meetings are as follows:

Daytime Scoping Meeting

    Date: Tuesday, March 14, 2017.
    Time: 9:00 a.m.
    Location: Wyndham Visalia, 9000 W. Airport Drive, Visalia, CA
93277.
    Phone:<PHONE_NUMBER>.

Evening Scoping Meeting

    Date: Tuesday, March 14, 2017.
    Time: 6:00 p.m.
    Location: Wyndham Visalia, 9000 W. Airport Drive, Visalia, CA
93277.
    Phone:<PHONE_NUMBER>.
    SD1, which outlines the subject areas to be addressed in the
environmental document, was mailed to the individuals and entities on
the Commission's mailing list. Copies of SD1 will be available at the
scoping meetings, or may be viewed on the Web at http://www.ferc.gov,
using the ``eLibrary'' link. Follow the directions for accessing
information in paragraph n. Based on all oral and written comments, a
Scoping Document 2 (SD2) may be issued. SD2 may include a revised
process plan and schedule, as well as a list of issues, identified
through the scoping process.

Environmental Site Review

    The potential applicant and Commission staff will conduct an
Environmental Site Review (site visit) of the project Wednesday March
15, 2017, starting at 9:00 a.m. and ending at or about 4:00 p.m. All
participants should meet at the Memorial Building located at 43490
Sierra Drive, Three Rivers, California. Participants are responsible
for their own transportation. Persons planning on participating in the
site visit, or with questions about it, should contact Mr. David Moore
of Southern California Edison Company at<PHONE_NUMBER> or
<EMAIL_ADDRESS>on or before March 1, 2017.

Meeting Objectives

    At the scoping meetings, staff will: (1) Initiate scoping of the
issues; (2) review and discuss existing conditions and resource
management objectives; (3) review and discuss existing information and
identify preliminary information and study needs; (4) review and
discuss the process plan and schedule for pre-filing activity that
incorporates the time frames provided for in Part 5 of the Commission's
regulations and, to the extent possible, maximizes coordination of
federal, state, and tribal permitting and certification processes; and
(5) discuss the appropriateness of any federal or state agency or
Indian tribe acting as a cooperating agency for development of an
environmental document.
    Meeting participants should come prepared to discuss their issues
and/or concerns. Please review the PAD in preparation for the scoping
meetings. Directions on how to obtain a copy of the PAD and SD1 are
included in item n. of this document.

Meeting Procedures

    The meetings will be recorded by a stenographer and will be placed
in the public records of the project.

    Dated: February 10, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-03158 Filed 2-16-17; 8:45 am]
 BILLING CODE 6717-01-P