[Federal Register Volume 87, Number 6 (Monday, January 10, 2022)]
[Notices]
[Pages 1135-1138]
[FR Doc No: 2022-00184]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF21-4-000]

WBI Energy Transmission, Inc.; Notice of Scoping Period
Requesting Comments on Environmental Issues for the Planned Wahpeton
Expansion Project and Notice of Virtual Public Scoping Sessions

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental document that will discuss
the environmental impacts of the Wahpeton Expansion Project involving
construction and operation of facilities by WBI Energy Transmission,
Inc. (WBI Energy) in Cass and Richland Counties, North Dakota. The
Commission will use this environmental document in its decision-making
process to determine whether the project is in the public convenience
and necessity.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies regarding the project. As part of the National Environmental
Policy Act (NEPA) review process, the Commission takes into account
concerns the public may have about proposals and the environmental
impacts that could result from its action whenever it considers the
issuance of a Certificate of Public Convenience and Necessity. This
gathering of public input is referred to as ``scoping.'' The main goal
of the scoping process is to focus the analysis in the environmental
document on the important environmental issues. Additional information
about the Commission's NEPA process is described below in the NEPA
Process and Environmental Document section of this notice.
    By this notice, the Commission requests public comments on the
scope of issues to address in the environmental document. To ensure
that your comments are timely and properly recorded, please submit your
comments so that the Commission receives them in Washington, DC on or
before 5:00 p.m. Eastern Standard Time on February 3, 2022. Comments
may be submitted in written or oral form. Further details on how to
submit comments are provided in the Public Participation section of
this notice.
    Your comments should focus on the potential environmental effects,
reasonable alternatives, and measures to avoid or lessen environmental
impacts.

Your input will help the Commission staff determine what issues they
need to evaluate in the environmental document. Commission staff will
consider all written or oral comments during the preparation of the
environmental document.
    If you submitted comments on this project to the Commission before
the opening of this docket on September 27, 2021, you will need to file
those comments in Docket No. PF21-4-000 to ensure they are considered.
    This notice is being sent to the Commission's current environmental
mailing list for this project. State and local government
representatives should notify their constituents of this planned
project and encourage them to comment on their areas of concern.
    If you are a landowner receiving this notice, a pipeline company
representative may contact you about the acquisition of an easement to
construct, operate, and maintain the planned facilities. The company
would seek to negotiate a mutually acceptable easement agreement. You
are not required to enter into an agreement. However, if the Commission
approves the project, the Natural Gas Act conveys the right of eminent
domain to the company. Therefore, if you and the company do not reach
an easement agreement, the pipeline company could initiate condemnation
proceedings in court. In such instances, compensation would be
determined by a judge in accordance with state law. The Commission does
not subsequently grant, exercise, or oversee the exercise of that
eminent domain authority. The courts have exclusive authority to handle
eminent domain cases; the Commission has no jurisdiction over these
matters.
    A fact sheet prepared by the FERC entitled ``An Interstate Natural
Gas Facility On My Land? What Do I Need To Know?'' addresses typically
asked questions, including the use of eminent domain and how to
participate in the Commission's proceedings. This fact sheet along with
other landowner topics of interest are available for viewing on the
FERC website (www.ferc.gov) under the links to Natural Gas Questions or
Landowner Topics.

Public Participation

    There are four methods you can use to submit your comments to the
Commission. Please carefully follow these instructions so that your
comments are properly recorded. The Commission encourages electronic
filing of comments and has staff available to assist you at (866) 208-
3676 or [email protected].
    (1) You can file your comments electronically using the eComment
feature, which is located on the Commission's website (www.ferc.gov)
under the link to FERC Online. Using eComment is an easy method for
submitting brief, text-only comments on a project;
    (2) You can file your comments electronically by using the eFiling
feature, which is located on the Commission's website (www.ferc.gov)
under the link to FERC Online. With eFiling, you can provide comments
in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on ``eRegister.'' You will be asked to select the type of filing you
are making; a comment on a particular project is considered a ``Comment
on a Filing''; or
    (3) You can file a paper copy of your comments by mailing them to
the Commission. Be sure to reference the project docket number (PF21-4-
000) on your letter. Submissions sent via the U.S. Postal Service must
be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE, Room 1A, Washington, DC 20426.
    Submissions sent via any other carrier must be addressed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission,
12225 Wilkins Avenue, Rockville, Maryland 20852.
    (4) In lieu of sending written comments, the Commission invites you
to attend one of the virtual public scoping sessions its staff will
conduct by telephone, scheduled as follows:

Date and Time:
Tuesday, January 25, 2022
4:30-6:30 pm Central Standard Time
Call in number: 1-888-604-9359
Participant passcode: 8998724
Thursday, January 27, 2022
4:30-6:30 pm Central Standard Time
Call in number: 1-888-604-9359
Participant passcode: 8998724

    The primary goal of these scoping sessions is to have you identify
the specific environmental issues and concerns that should be
considered in the environmental document. Individual oral comments will
be taken on a one-on-one basis with a court reporter present on the
line. This format is designed to receive the maximum amount of oral
comments, in a convenient way during the timeframe allotted, and is in
response to the ongoing COVID-19 pandemic.
    For each scoping session, you may call at any time after 4:30 p.m.
Central Standard Time at which time you will be placed on mute and
hold. Calls will be answered in the order they are received. Once
answered, you will have the opportunity to provide your comment
directly to a court reporter, with FERC staff, or FERC staff
representative present on the line. A time limit of three minutes will
be implemented for each commentor.
    Transcripts of all comments received during the scoping session(s)
will be publicly available on FERC's eLibrary system (see the last page
of this notice for instructions on using eLibrary).
    It is important to note that the Commission provides equal
consideration to all comments received, whether filed in written form
or provided orally at a virtual scoping session.
    Additionally, the Commission offers a free service called
eSubscription, which makes it easy to stay informed of all issuances
and submittals regarding the dockets/projects to which you subscribe.
These instant email notifications are the fastest way to receive
notification and provide a link to the document files which can reduce
the amount of time you spend researching proceedings. Go to https://www.ferc.gov/ferc-online/overview to register for eSubscription.

Summary of the Planned Project

    WBI Energy plans to construct and operate about 58.7 miles of 12-
inch-diameter natural gas pipeline from WBI Energy's existing Mapleton
Compressor Station near Mapleton, North Dakota to a new meter station
near Wahpeton, North Dakota. The Wahpeton Expansion Project would
provide about 20.6 million standard cubic feet of natural gas per day
to southeastern North Dakota. According to WBI Energy, the project
would provide additional natural gas supply to Wahpeton, North Dakota
and new natural gas service to Kindred, North Dakota, as requested by
Montana-Dakota Utilities Company (MDU).
    In addition to the pipeline facilities, the Wahpeton Expansion
Project would also include the following facilities:
     Modifications (installation of additional equipment and
facilities, but no additional compression) to WBI Energy's existing
Mapleton Compressor Station in Cass County, North Dakota;
     two delivery stations (MDU-Kindred Border Station and MDU-
Wahpeton Border Station) in Cass and Richland Counties (respectively),
North Dakota;
     seven block valve settings;

     four pig launcher/receiver settings at block valve
settings 1, 2, 5, and 7; \1\ and
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    \1\ A ``pig'' is a tool that the pipeline company inserts into
and pushes through the pipeline for cleaning the pipeline,
conducting internal inspections, or other purposes.
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     farm taps.
    The general location of the project facilities is shown in appendix
1.\2\
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    \2\ The appendices referenced in this notice will not appear in
the Federal Register. Copies of the appendices were sent to all
those receiving this notice in the mail and are available at
www.ferc.gov using the link called ``eLibrary.'' For instructions on
connecting to eLibrary, refer to the last page of this notice. At
this time, the Commission has suspended access to the Commission's
Public Reference Room due to the proclamation declaring a National
Emergency concerning the Novel Coronavirus Disease (COVID-19),
issued by the President on March 13, 2020. For assistance, contact
FERC at [email protected] or call toll free,<PHONE_NUMBER>
or TTY<PHONE_NUMBER>.
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Land Requirements for Construction

    Construction of the planned facilities would disturb at least 533.7
acres of land for the aboveground facilities and the pipeline.
Following construction, WBI Energy would maintain at least 358.8 acres
for permanent operation of the project's facilities; the remaining
acreage would be restored and reverted to former uses. The preliminary
estimate of acreages affected would likely increase as the planned
project's design advances. About 61 percent of the planned pipeline
route parallels existing electric transmission line and road rights-of-
way.

NEPA Process and the Environmental Document

    Any environmental document issued by Commission staff will discuss
impacts that could occur as a result of the construction and operation
of the planned project under the relevant general resource areas:
     geology and soils;
     water resources and wetlands;
     vegetation and wildlife;
     threatened and endangered species;
     cultural resources;
     land use;
     socioeconomics and environmental justice;
     air quality and noise;
     climate change; and
     reliability and safety.
    Commission staff have already identified several issues that
deserve attention based on a preliminary review of the planned
facilities and the environmental information provided by WBI Energy.
This preliminary list of issues may change based on your comments and
our analysis:
     potential effects on drain tiles;
     impacts on waterbodies; and
     impacts on soils and restoration of impacted farmland.
    Commission staff will also evaluate reasonable alternatives to the
planned project or portions of the project and make recommendations on
how to lessen or avoid impacts on the various resource areas. Your
comments will help Commission staff identify and focus on the issues
that might have an effect on the human environment and potentially
eliminate others from further study and discussion in the environmental
document.
    Although no formal application has been filed, Commission staff
have already initiated a NEPA review under the Commission's pre-filing
process. The purpose of the pre-filing process is to encourage early
involvement of interested stakeholders and to identify and resolve
issues before the Commission receives an application. As part of the
pre-filing review, Commission staff will contact federal and state
agencies to discuss their involvement in the scoping process and the
preparation of the environmental document.
    If a formal application is filed, Commission staff will then
determine whether to prepare an Environmental Assessment (EA) or an
Environmental Impact Statement (EIS). The EA or the EIS will present
Commission staff's independent analysis of the environmental issues. If
Commission staff prepares an EA, a Notice of Schedule for the
Preparation of an Environmental Assessment will be issued. The EA may
be issued for an allotted public comment period. The Commission would
consider timely comments on the EA before making its determination on
the proposed project. If Commission staff prepares an EIS, a Notice of
Intent to Prepare an EIS/Notice of Schedule will be issued once an
application is filed, which will open an additional public comment
period. Staff will then prepare a draft EIS that will be issued for
public comment. Commission staff will consider all timely comments
received during the comment period on the draft EIS, and revise the
document, as necessary, before issuing a final EIS. Any EA or draft and
final EIS will be available in electronic format in the public record
through eLibrary \3\ and the Commission's natural gas environmental
documents web page (https://www.ferc.gov/industries-data/natural-gas/environment/environmental-documents). If eSubscribed, you will receive
instant email notification when the environmental document is issued.
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    \3\ For instructions on connecting to eLibrary, refer to the
last page of this notice.
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    With this notice, the Commission is asking agencies with
jurisdiction by law and/or special expertise with respect to the
environmental issues related to this project to formally cooperate in
the preparation of the environmental document.\4\ Agencies that would
like to request cooperating agency status should follow the
instructions for filing comments provided under the Public
Participation section of this notice.
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    \4\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40, Code of Federal
Regulations, Part 1501.8.
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Consultation Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations for section 106 of the National Historic
Preservation Act, the Commission is using this notice to initiate
consultation with the North Dakota State Historic Preservation Officer,
and to solicit their views and those of other government agencies,
interested Indian tribes, and the public on the project's potential
effects on historic properties.\5\ The environmental document for this
project will document our findings on the impacts on historic
properties and summarize the status of consultations under section 106.
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    \5\ The Advisory Council on Historic Preservation regulations
are at Title 36, Code of Federal Regulations, Part 800. Those
regulations define historic properties as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register of Historic
Places.
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Environmental Mailing List

    The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; tribes; other interested
parties; and local libraries and newspapers. This list also includes
all affected landowners (as defined in the Commission's regulations)
who are potential right-of-way grantors, whose property may be used
temporarily for project purposes, or who own homes within certain
distances of aboveground facilities, and anyone who submits comments on
the project and includes a mailing address with their comments.
Commission staff will update the environmental mailing list as the
analysis proceeds to ensure that Commission notices related to this
environmental review are sent to all individuals, organizations, and
government entities interested in and/or

potentially affected by the planned project.
    If you need to make changes to your name/address, or if you would
like to remove your name from the mailing list, please complete one of
the following steps:
    (1) Send an email to [email protected] stating your
request. You must include the docket number PF21-4-000 in your request.
If you are requesting a change to your address, please be sure to
include your name and the correct address. If you are requesting to
delete your address from the mailing list, please include your name and
address as it appeared on this notice. This email address is unable to
accept comments.
    OR
    (2) Return the attached ``Mailing List Update Form'' (appendix 2).

Becoming an Intervenor

    Once WBI Energy files its application with the Commission, you may
want to become an ``intervenor'' which is an official party to the
Commission's proceeding. Only intervenors have the right to seek
rehearing of the Commission's decision and be heard by the courts if
they choose to appeal the Commission's final ruling. An intervenor
formally participates in the proceeding by filing a request to
intervene pursuant to Rule 214 of the Commission's Rules of Practice
and Procedures (18 CFR 385.214). Motions to intervene are more fully
described at https://www.ferc.gov/resources/guides/how-to.asp. Please
note that the Commission will not accept requests for intervenor status
at this time. You must wait until the Commission receives a formal
application for the project, after which the Commission will issue a
public notice that establishes an intervention deadline.

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC website (www.ferc.gov) using the eLibrary link. Click on the
eLibrary link, click on ``General Search'' and enter the docket number
in the ``Docket Number'' field. Be sure you have selected an
appropriate date range. For assistance, please contact FERC Online
Support at [email protected] or toll free at<PHONE_NUMBER>,
or for TTY, contact<PHONE_NUMBER>. The eLibrary link also provides
access to the texts of all formal documents issued by the Commission,
such as orders, notices, and rulemakings.
    Public sessions or site visits will be posted on the Commission's
calendar located at https://www.ferc.gov/news-events/events along with
other related information.

    Dated: January 4, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-00184 Filed 1-7-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 20 (Tuesday, January 30, 2018)]
[Notices]
[Pages 4230-4231]
[FR Doc No: 2018-01774]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4345-DR; Docket ID FEMA-2018-0001]

Louisiana; Amendment No. 1 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Louisiana (FEMA-4345-DR), dated October 16, 2017, and
related determinations.

DATES: The change occurred on January 3, 2018.

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

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) hereby gives notice that pursuant to the authority vested in the
Administrator, under Executive Order 12148, as amended, John E. Long,
of FEMA is appointed to act as the Federal Coordinating Officer for
this disaster.
    This action terminates the appointment of William J. Doran III as
Federal Coordinating Officer for this disaster.

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

(Presidentially Declared Disasters); 97.039, Hazard Mitigation
Grant.

Brock Long,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2018-01774 Filed 1-29-18; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register Volume 86, Number 84 (Tuesday, May 4, 2021)]
[Notices]
[Pages 23708-23711]
[FR Doc No: 2021-09342]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF21-1-000]

Venture Global CP2 LNG, LLC; Venture Global CP Express, LLC;
Notice of Scoping Period Requesting Comments on Environmental Issues
for the Planned CP2 LNG and CP Express Project and Notice of Public
Scoping Sessions

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental document that will discuss
the environmental impacts of the CP2 LNG and CP Express Project
involving construction and operation of facilities by Venture Global
CP2 LNG, LLC (CP2 LNG) and Venture Global CP Express, LLC (CP Express)
in Jasper and Newton Counties, Texas and Calcasieu and Cameron
Parishes, Louisiana. The Commission will use this environmental
document in its decision-making process to determine whether the
project is in the public interest.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies regarding the project. As part of the National Environmental
Policy Act (NEPA) review process, the Commission takes into account
concerns the public may have about proposals and the environmental
impacts that could result

from its action whenever it considers the issuance of an Authorization.
This gathering of public input is referred to as ``scoping.'' The main
goal of the scoping process is to focus the analysis in the
environmental document on the important environmental issues.
Additional information about the Commission's NEPA process is described
below in the NEPA Process and Environmental Document section of this
notice.
    By this notice, the Commission requests public comments on the
scope of issues to address in the environmental document. To ensure
that your comments are timely and properly recorded, please submit your
comments so that the Commission receives them in Washington, DC on or
before 5:00 p.m. Eastern Time on May 27, 2021. Comments may be
submitted in written or oral form. Further details on how to submit
comments are provided in the Public Participation section of this
notice.
    Your comments should focus on the potential environmental effects,
reasonable alternatives, and measures to avoid or lessen environmental
impacts. Your input will help the Commission staff determine what
issues they need to evaluate in the environmental document. Commission
staff will consider all written and oral comments during the
preparation of the environmental document.
    If you submitted comments on this project to the Commission before
the opening of this docket on February 17, 2021, you will need to file
those comments in Docket No. PF21-1-000 to ensure they are considered.
    This notice is being sent to the Commission's current environmental
mailing list for this project. State and local government
representatives should notify their constituents of this planned
project and encourage them to comment on their areas of concern.
    If you are a landowner receiving this notice, a pipeline company
representative may contact you about the acquisition of an easement to
construct, operate, and maintain the planned facilities. The company
would seek to negotiate a mutually acceptable easement agreement. You
are not required to enter into an agreement. However, if the Commission
approves the project, section 7(h) of the Natural Gas Act conveys the
right of eminent domain to the company for the natural gas pipeline
facilities. Therefore, if you and the company do not reach an easement
agreement, the pipeline company could initiate condemnation proceedings
in court. In such instances, compensation would be determined by a
judge in accordance with state law. The Commission does not
subsequently grant, exercise, or oversee the exercise of that eminent
domain authority. The courts have exclusive authority to handle eminent
domain cases; the Commission has no jurisdiction over these matters.
    A fact sheet prepared by the FERC entitled ``An Interstate Natural
Gas Facility On My Land? What Do I Need To Know?'' addresses typically
asked questions, including the use of eminent domain and how to
participate in the Commission's proceedings. This fact sheet along with
other landowner topics of interest are available for viewing on the
FERC website (www.ferc.gov) under the links to Natural Gas Questions or
Landowner Topics.

Public Participation

    There are four methods you can use to submit your comments to the
Commission. Please carefully follow these instructions so that your
comments are properly recorded. The Commission encourages electronic
filing of comments and has staff available to assist you at (866) 208-
3676 or<EMAIL_ADDRESS>    (1) You can file your comments electronically using the eComment
feature, which is located on the Commission's website (www.ferc.gov)
under the link to FERC Online. Using eComment is an easy method for
submitting brief, text-only comments on a project;
    (2) You can file your comments electronically by using the eFiling
feature, which is located on the Commission's website (www.ferc.gov)
under the link to FERC Online. With eFiling, you can provide comments
in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on ``eRegister.'' You will be asked to select the type of filing you
are making; a comment on a particular project is considered a ``Comment
on a Filing'';
    (3) You can file a paper copy of your comments by mailing them to
the Commission. Be sure to reference the project docket number (PF21-1-
000) on your letter. Submissions sent via the U.S. Postal Service must
be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE, Room 1A, Washington, DC 20426.
Submissions sent via any other carrier must be addressed to: Kimberly
D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852; or
    (4) In lieu of sending written comments, the Commission invites you
to attend one of the virtual public scoping sessions its staff will
conduct by telephone, scheduled as follows:

Date and Time

    Tuesday May 11, 2021, 5:00 p.m. to 7:00 p.m. CST. Call in number:
888-324-3812. Participant passcode: 9560652.
    Wednesday May 12, 2021, 5:00 p.m. to 7:00 p.m. CST. Call in number:
888-324-3812. Participant passcode: 9560652.
    Thursday May 13, 2021, 5:00 p.m. to 7:00 p.m. CST. Call in number:
888-324-3812. Participant passcode: 9560652.
    The primary goal of these scoping sessions is to have you identify
the specific environmental issues and concerns that should be
considered in the environmental document. Individual oral comments will
be taken on a one-on-one basis with a court reporter present on the
line. This format is designed to receive the maximum amount of oral
comments, in a convenient way during the timeframe allotted, and is in
response to the ongoing COVID-19 pandemic.
    Each scoping session is scheduled from 5:00 p.m. to 7:00 p.m.
Central Time. You may call at any time after 5:00 p.m. at which time
you will be placed on mute and hold. Calls will be answered in the
order they are received. Once answered, you will have the opportunity
to provide your comment directly to a court reporter with FERC staff or
representative present on the line. A time limit of five minutes will
be implemented for each commentor.
    Transcripts of all comments received during the scoping sessions
will be publicly available on FERC's eLibrary system (see the last page
of this notice for instructions on using eLibrary).
    It is important to note that the Commission provides equal
consideration to all comments received, whether filed in written form
or provided orally at a virtual scoping session.
    Additionally, the Commission offers a free service called
eSubscription, which makes it easy to stay informed of all issuances
and submittals regarding the dockets/projects to which you subscribe.
These instant email notifications are the fastest way to receive
notification and provide a link to the document files which can reduce
the amount of time you spend researching proceedings. Go to https://www.ferc.gov/ferc-online/overview to register for eSubscription.

Summary of the Planned Project

    CP2 LNG plans to construct and operate a new 20 million tonnes per
annum liquefied natural gas (LNG) export terminal in Cameron Parish,
Louisiana. The LNG terminal site would be on the mainland, while the
marine facilities would be constructed on Monkey Island between
Calcasieu Pass and the Calcasieu Ship Channel. CP Express would also
construct and operate approximately 85 miles of new 48-inch-diameter
natural gas pipeline originating in Jasper County, Texas and
terminating at the CP2 LNG terminal. In addition, a 6-mile-long, 24-
inch-diameter lateral pipeline and 127,000 horsepower (hp) Vinton
Compressor Station would be constructed in Calcasieu Parish, Louisiana.
The pipeline facilities would be capable of transporting 4 billion
cubic feet of natural gas per day to the LNG terminal. CP2 LNG and CP
Express would construct the project in two phases; Phase 1 would
consist of construction of the pipelines, 23,500 hp compression at the
Vinton Compressor Station, and about half of the CP2 LNG terminal
facilities. Phase 2 would consist of the remaining 103,500 hp
compression at the compressor station and the remaining CP2 LNG
facilities. According to CP2 LNG and CP Express, its project would
transport domestically produced natural gas for liquefaction, storage,
and export to overseas markets.
    The CP2 LNG and CP Express Project would consist of the following
facilities:
     A liquefaction plant consisting of 18 liquefaction blocks
and support facilities;
     six pretreatment systems;
     four 200,000 cubic meter LNG storage tanks;
     a combined-cycle natural gas turbine power plant capable
of generating 1,440 megawatts;
     two LNG loading docks;
     two marine berths capable of receiving ocean-going LNG
carriers;
     a 1.2-mile-long aboveground trestle that would support two
36-inch-diameter cryogenic LNG transfer lines connecting the marine
facilities on Monkey Island to the mainland LNG terminal site;
     one 85-mile-long, 48-inch-diameter natural gas pipeline;
     one 6-mile-long, 24-inch-diameter natural gas lateral
pipeline;
     one new 127,000 hp compressor station near Vinton,
Louisiana;
     six meter stations at interconnects with existing
pipelines;
     a gas gate station within the LNG terminal site; and
     other appurtenant facilities.
    The general location of the project facilities is shown in appendix
1.\1\
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    \1\ The appendices referenced in this notice will not appear in
the Federal Register. Copies of the appendices were sent to all
those receiving this notice in the mail and are available at
www.ferc.gov using the link called ``eLibrary''. For instructions on
connecting to eLibrary, refer to the last page of this notice. At
this time, the Commission has suspended access to the Commission's
Public Reference Room due to the proclamation declaring a National
Emergency concerning the Novel Coronavirus Disease (COVID-19),
issued by the President on March 13, 2020. For assistance, contact
FERC at [email protected] or call toll free,<PHONE_NUMBER>
or TTY<PHONE_NUMBER>.
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Land Requirements for Construction

    Construction of the planned facilities would disturb about 547
acres of land for the LNG terminal facilities and 1,620 acres for the
pipeline facilities. Following construction, CP2 LNG and CP Express
would maintain about 535 acres for permanent operation of the LNG
terminal and 555 acres for operation of the pipeline facilities; the
remaining acreage would be restored and revert to former uses. About 44
percent of the planned pipeline route parallels existing pipeline,
utility, or road rights-of-way.

NEPA Process and the Environmental Document

    Any environmental document issued by Commission staff will discuss
impacts that could occur as a result of the construction and operation
of the planned project under the relevant general resource areas:
     Geology and soils;
     water resources and wetlands;
     vegetation and wildlife;
     threatened and endangered species;
     cultural resources;
     socioeconomics;
     land use;
     air quality and noise; and
     reliability and safety.
    Commission staff have identified several issues that deserve
attention based on a preliminary review of the planned facilities and
the environmental information provided by CP2 LNG and CP Express. This
preliminary list of issues may change based on your comments and our
analysis.
    Commission staff will also evaluate reasonable alternatives to the
planned project or portions of the project and make recommendations on
how to lessen or avoid impacts on the various resource areas. Your
comments will help Commission staff identify and focus on the issues
that might have an effect on the human environment and potentially
eliminate others from further study and discussion in the environmental
document.
    Although no formal application has been filed, Commission staff
have already initiated a NEPA review under the Commission's pre-filing
process. The purpose of the pre-filing process is to encourage early
involvement of interested stakeholders and to identify and resolve
issues before the Commission receives an application. As part of the
pre-filing review, Commission staff will contact federal and state
agencies to discuss their involvement in the scoping process and the
preparation of the environmental document.
    If a formal application is filed, Commission staff will then
determine whether to prepare an Environmental Assessment (EA) or an
Environmental Impact Statement (EIS). The EA or the EIS will present
Commission staff's independent analysis of the environmental issues. If
Commission staff prepares an EA, a Notice of Schedule for the
Preparation of an Environmental Assessment will be issued. The EA may
be issued for an allotted public comment period. The Commission would
consider timely comments on the EA before making its determination on
the proposed project. If Commission staff prepares an EIS, a Notice of
Intent to Prepare an EIS/Notice of Schedule will be issued once an
application is filed, which will open an additional public comment
period. Staff will then prepare a draft EIS that will be issued for
public comment. Commission staff will consider all timely comments
received during the comment period on the draft EIS, and revise the
document, as necessary, before issuing a final EIS. Any EA or draft and
final EIS will be available in electronic format in the public record
through eLibrary \2\ and the Commission's natural gas environmental
documents web page (https://www.ferc.gov/industries-data/natural-gas/environment/environmental-documents). If eSubscribed, you will receive
instant email notification when the environmental document is issued.
---------------------------------------------------------------------------

    \2\ For instructions on connecting to eLibrary, refer to the
last page of this notice.
---------------------------------------------------------------------------

    With this notice, the Commission is asking agencies with
jurisdiction by law and/or special expertise with respect to the
environmental issues related to this project to formally cooperate in
the preparation of the environmental document.\3\ Agencies that would
like to request cooperating agency status should follow the
instructions for filing

comments provided under the Public Participation section of this
notice. Currently, the U.S. Department of Energy and the National Ocean
Atmospheric Administration have expressed their intention to
participate as cooperating agencies in the preparation of the
environmental document to satisfy its NEPA responsibilities related to
this project. The U.S. Coast Guard and the U.S. Department of
Transportation's Pipeline and Hazardous Materials Safety Administration
would also participate as cooperating agencies.
---------------------------------------------------------------------------

    \3\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40, Code of Federal
Regulations, Part 1501.8.
---------------------------------------------------------------------------

Consultation Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations for section 106 of the National Historic
Preservation Act, the Commission is using this notice to initiate
consultation with the applicable State Historic Preservation Offices,
and to solicit their views and those of other government agencies,
interested Indian tribes, and the public on the project's potential
effects on historic properties.\4\ The environmental document for this
project will document our findings on the impacts on historic
properties and summarize the status of consultations under section 106.
---------------------------------------------------------------------------

    \4\ The Advisory Council on Historic Preservation regulations
are at Title 36, Code of Federal Regulations, Part 800. Those
regulations define historic properties as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register of Historic
Places.
---------------------------------------------------------------------------

Environmental Mailing List

    The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American Tribes; other
interested parties; and local libraries and newspapers. This list also
includes all affected landowners (as defined in the Commission's
regulations) who are potential right-of-way grantors, whose property
may be used temporarily for project purposes, or who own homes within
certain distances of aboveground facilities, and anyone who submits
comments on the project and includes a mailing address with their
comments. Commission staff will update the environmental mailing list
as the analysis proceeds to ensure that Commission notices related to
this environmental review are sent to all individuals, organizations,
and government entities interested in and/or potentially affected by
the planned project.
    If you need to make changes to your name/address, or if you would
like to remove your name from the mailing list, please complete one of
the following steps:
    (1) Send an email to<EMAIL_ADDRESS>stating your
request. You must include the docket number PF21-1-000 in your request.
If you are requesting a change to your address, please be sure to
include your name and the correct address. If you are requesting to
delete your address from the mailing list, please include your name and
address as it appeared on this notice. This email address is unable to
accept comments.

OR

    (2) Return the attached ``Mailing List Update Form'' (appendix 2).

Becoming an Intervenor

    Once CP2 LNG and CP Express file their applications with the
Commission, you may want to become an ``intervenor'' which is an
official party to the Commission's proceeding. Only intervenors have
the right to seek rehearing of the Commission's decision and be heard
by the courts if they choose to appeal the Commission's final ruling.
An intervenor formally participates in the proceeding by filing a
request to intervene pursuant to Rule 214 of the Commission's Rules of
Practice and Procedures (18 CFR 385.214). Motions to intervene are more
fully described at https://www.ferc.gov/resources/guides/how-to.asp.
Please note that the Commission will not accept requests for intervenor
status at this time. You must wait until the Commission receives a
formal application for the project, after which the Commission will
issue a public notice that establishes an intervention deadline.

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC website (www.ferc.gov) using the eLibrary link. Click on the
eLibrary link, click on ``General Search'' and enter the docket number
in the ``Docket Number'' field. Be sure you have selected an
appropriate date range. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>,
or for TTY, contact<PHONE_NUMBER>. The eLibrary link also provides
access to the texts of all formal documents issued by the Commission,
such as orders, notices, and rulemakings.
    Public sessions or site visits will be posted on the Commission's
calendar located at https://www.ferc.gov/news-events/events along with
other related information.

    Dated: April 27, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-09342 Filed 5-3-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: June 25, 2010 (Volume 75, Number 122)]
[Notices]
[Page 36377-36378]
[DOCID:fr25jn10-44]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12721-004]

Pepperell Hydro Company, LLC; Notice of Preliminary Permit
Application Accepted for Filing and Soliciting Comments and Motions To
Intervene

June 17, 2010.
    On March 9, 2010, the Pepperell Hydro Company, LLC filed an
application for a preliminary permit, pursuant to section 4(f) of the
Federal Power Act (FPA), proposing to study the feasibility of the East
Pepperell Project, located on the Nashua River in Middlesex County,
Massachusetts. The sole purpose of a preliminary permit, if issued, is
to grant the permit holder priority to file a license application
during the permit term. A preliminary permit does not authorize the
permit holder to perform any land-disturbing activities or otherwise
enter upon lands or waters owned by others without the owners' express
permission.
    The proposed project would consist of: (1) The existing 27-foot-
high, 275-foot-long East Pepperell Dam; (2) an existing intake; (3) an
existing 1,465-acre impoundment at a normal maximum water surface
elevation of 199.8 feet above mean sea level (with 3-foot-high
flashboards in place); (4) an existing 13-foot-diameter, 666-foot-long
wood stave penstock; (5) a powerhouse containing three existing
generating units and a new low-flow turbine generator located adjacent
to the intake gates with a total installed capacity of 2,070 kilowatts;
(6) an existing tailrace; (7) an existing switchyard; (8) an existing
7.5-mile-long, 69-kilovolt transmission line owned by National Grid;
and (9) appurtenant facilities. The project would have an estimated
average annual generation of approximately 8,123 megawatt-hours.
    Applicant Contact: Peter B. Clark, Pepperell Hydro Company LLC,
P.O. Box 149, 823 Bay Road, Hamilton, MA 01936,<PHONE_NUMBER>.
    FERC Contact: Brandon Cherry,<PHONE_NUMBER>.
    Deadline for filing comments or motions to intervene: 60 days from
the issuance of this notice. Comments and motions to intervene may be
filed electronically via the Internet. See 18 CFR 385.2001(a)(1)(iii)
and the instructions on the Commission's Web site (http://www.ferc.gov/
docs-filing/ferconline.asp) under the ``eFiling'' link. For a simpler
method of submitting text only comments, click on ``Quick Comment.''
For assistance, please

contact FERC Online Support at<EMAIL_ADDRESS>call toll-
free at<PHONE_NUMBER>; or, for TTY, contact<PHONE_NUMBER>. Although
the Commission strongly encourages electronic filing, documents may
also be paper-filed. To paper-file, mail an original and eight copies
to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission,
888 First Street, NE., Washington, DC 20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-12721) in the docket number field to access
the document. For assistance, contact FERC Online Support.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-15385 Filed 6-24-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 221 (Friday, November 19, 2021)]
[Rules and Regulations]
[Pages 64801-64805]
[FR Doc No: 2021-25201]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.

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

Federal Register / Vol. 86, No. 221 / Friday, November 19, 2021 /
Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-1029; Project Identifier MCAI-2020-01126-T;
Amendment 39-21777; AD 2021-22-04]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

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

ACTION: Final rule.

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

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2019-21-
10, which applied to all Airbus SAS Model A321-111, -112, -131, -211, -
212, -213, -231, and -232 airplanes. AD 2019-21-10 required a one-time
eddy current conductivity measurement of certain structural parts of
the outer flaps to determine if the incorrect alloy was used, and
replacement if necessary. This AD continues to require a one-time eddy
current conductivity measurement of certain structural parts of the
outer flaps to determine if the incorrect alloy was used, and
replacement if necessary; and also requires a new one-time eddy current
conductivity measurement of certain other structural parts of the outer
flaps to determine if the parts were properly heat treated, and
replacement if necessary; and includes additional affected airplanes;
as specified in a European Union Aviation Safety Agency (EASA) AD,
which is incorporated by reference. This AD was prompted by a quality
control review, which determined that the wrong aluminum alloy was used
to manufacture several structural parts and by the issuance of an
updated list of suspected parts, including those that may have been
improperly heat treated. The FAA is issuing this AD to address the
unsafe condition on these products.

DATES: This AD is effective December 27, 2021.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 27,
2021.

ADDRESSES: For material incorporated by reference (IBR) in this AD,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone:
+49 221 8999 000; email: [email protected]; internet:
www.easa.europa.eu. You may find this IBR material on the EASA website
at https://ad.easa.europa.eu. You may view this IBR material at the
FAA, Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>. It is also available in
the AD docket on the internet at https://www.regulations.gov by
searching for and locating Docket No. FAA-2020-1029.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
1029; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,
Large Aircraft Section, International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; phone and fax:<PHONE_NUMBER>;
email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0174, dated August 5, 2020
(EASA AD 2020-0174) (also referred to as the Mandatory Continuing
Airworthiness Information, or the MCAI), to correct an unsafe condition
for all Airbus SAS Model A318-111, -112, -121, and -122 airplanes;
Model A319-111, -112, -113, -114, -115, -131, -132, and -133 airplanes;
Model A320-211, -212, -214, -215, -216, -231, -232, and -233 airplanes;
and Model A321-111, -112, -131, -211, -212, -213, -231, and -232
airplanes. Model A320-215 airplanes are not certificated by the FAA and
are not included on the U.S. type certificate data sheet; this AD
therefore does not include those airplanes in the applicability.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2019-21-10, Amendment 39-19776 (84 FR
63794, November 19, 2019) (AD 2019-21-10). AD 2019-21-10 applied to all
Airbus SAS Model A321-111, -112, -131, -211, -212, -213, -231, and -232
airplanes. The NPRM published in the Federal Register on November 20,
2020 (85 FR 74299). The NPRM was prompted by a quality control review,
which determined that the wrong aluminum alloy was used to manufacture
several structural parts and by the issuance of an updated list of
suspected parts, including those that may have been improperly heat
treated. The NPRM proposed to continue to require a one-time eddy
current conductivity measurement of certain structural parts of the
outer flaps to determine if the incorrect alloy was used, and
replacement if necessary, as specified in EASA AD 2019-0012, dated
January 24, 2019 (which corresponds to FAA AD 2019-21-10). The NPRM
also proposed to require a new one-time eddy current conductivity
measurement of certain other structural parts of the outer flaps to
determine if the parts were properly heat treated, and replacement if
necessary, and to include additional affected airplanes, as specified
in EASA AD 2020-0174.
    The FAA is issuing this AD to address structural parts that may not
meet the certified life limit, which could result in failure of the
flap trailing edge and reduced controllability of the airplane. See the
MCAI for additional background information.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. The following presents the comments
received on the NPRM and the FAA's response to each comment.

Request To Include All Required Airplanes in the SUMMARY of the NPRM

    Bradley Schrock requested the FAA include the additional required
Airbus Model airplanes in the SUMMARY section of the NPRM. The
commenter pointed out that the additional models could easily be
overlooked if the reader were to only read the SUMMARY of the NPRM.
    The FAA does not agree to revise the SUMMARY of this final rule.
Operators are required to follow the applicability of the AD, which is
specified in paragraph (c) of this AD. While the SUMMARY of this final
rule doesn't specify all airplanes affected by this AD, it does specify
that the FAA is adding airplanes to the applicability. Additionally, in
the Background section of this final rule, the FAA has included all
airplane models that are affected by this AD. Further, the SUMMARY
section is a preamble requirement for all documents published in the
Federal Register and must follow drafting requirements prescribed by
the Office of the Federal Register (OFR). The SUMMARY section briefly
provides context for the document within the Federal Register/CFR
publication system; it does not summarize the content of the document.
Adding the requested airplane models does not follow the OFR's
requirements for the SUMMARY section. The FAA has not changed this
final rule in this regard.

Request To Revise Compliance Statement in Paragraph (f) of the Proposed
AD for Model A321 Airplanes

    Delta Air Lines (DAL) requested that the FAA revise the compliance
statement in paragraph (f) of the proposed AD for Model A321 airplanes.
DAL suggested that paragraph (f) of the NPRM be revised to read:
``Comply with this AD within the compliance times specified, unless
already done. For A321 operators, the earliest date that compliance may
have occurred is 29MAY2020 (the issuance date of [EASA] PAD 19-
100R1).'' DAL pointed out that the suspected parts are line replaceable
units (LRUs) with off-wing Instructions for Continued Airworthiness,
and that these parts comprise a pool of rotable parts. DAL then
specified that no revision of the service information referenced in
EASA AD 2020-0174 has included the serial numbers of outer flap tabs.
DAL stated that EASA AD 2020-0174 allows the use of any revision of the
service information for the determination of these suspected parts.
Further, DAL argued that, for Model A321 operators, the use of any
service information revision for determination of suspected part
applicability is inadequate for the identification of suspected outer
flap tabs. DAL asserted that before May 29, 2020, comparison with the
outer flap serial number lists within the service information
referenced in EASA AD 2020-0174 could allow inadvertent exclusion of an
outer flap tab that is included in the quality escape population.
    The FAA does not agree to revise the compliance statement in
paragraph (f) of this AD. As stated previously, EASA AD 2020-0174 takes
precedence over the service information referenced therein and this AD
requires using EASA AD 2020-0174 for determining suspected parts. EASA
AD 2020-0174 specifies using the service information only for
accomplishing the required inspections and not for identifying the
suspected parts. The FAA has determined EASA AD 2020-0174 addresses the
unsafe condition on the universe of suspected parts. Further, the FAA
has determined that the information provided by EASA and the
manufacturer is adequate information for accomplishing the required
actions. The FAA has not changed this AD regarding this issue.

Request To Add Exception To Clarify the Definition of Suspected
Improperly Heat Treated (IHT) Parts

    DAL requested that the FAA revise the NPRM to include an exception
to EASA AD 2020-0174 to clarify the definition of suspected IHT parts
for Model A321 airplanes. DAL specified that, for Model A321 airplanes,
the suspected IHT parts are constituent parts of the outer flap tabs,
not the outer flaps as defined in EASA AD 2020-0174. DAL mentioned that
if not clarified, the definition could introduce confusion for
operators of Model A321 airplanes.
    The FAA does not agree to include an exception to EASA AD 2020-
0174. Appendix 2 of EASA AD 2020-0174 refers to the airplane
manufacturer serial numbers, flap serial numbers, and the flap tab part
numbers, based on the airplane configuration at the time of delivery to
the first operator. Therefore, the FAA has determined that, even though
the definition specified in EASA AD 2020-0174 does not explicitly state
that, for Model A321 airplanes the suspected IHT parts are constituent
to the outer flap tabs, the information necessary to make that
determination is already included in Appendix 2 of EASA AD 2020-0174,
which the definition references. The FAA has not changed this AD
regarding this issue.

Request To Include Additional Service Information for Determining
Affected Parts

    DAL requested that the FAA revise the NPRM to include Airbus In-
Service Information (ISI) Document 57.50.00022, which DAL stated
includes outer flap and outer flap tab part number definitions for the
serial numbers defined in Appendix 1 and Appendix 2 of EASA AD 2020-
0174. DAL pointed out that Appendix 1 and Appendix 2 of EASA AD 2020-
0174 do not contain any outer flap or outer flap tab (Model A321) part
numbers, instead specifying the suspected part population by LRU serial
number. DAL also mentioned that Airbus does not consider the Model A321
flap tab serial numbers to be Aircraft Inspection Report (AIR)
recordable within each airplane's delivery records. DAL implied that
most operators would have difficulty tracing outer flap tab serial
numbers to specific airplane manufacturer serial numbers. DAL also
stated that there has been enough operator demand for clarification
from the manufacturer that Airbus released ISI 57.50.00022. DAL noted
that ISI 57.50.00022 is not referenced in the service information
specified by EASA AD 2020-0174.
    The FAA disagrees with the request. This AD is based on EASA AD
2020-0174, which is based on the configuration of the airplane at the
time of delivery (as indicated in Notes 2 and 3 of EASA AD 2020-0174).
It is not possible for the FAA to know all of the operator-specific
part numbers and serial numbers installed on all of the airplanes
affected by this AD or EASA AD 2020-0174. Therefore, it is the
operator's responsibility to track these parts, so that they can
identify discrepant parts as defined in the EASA AD and apply
appropriate corrective actions. If an operator's fleet configuration,
including part tracking system, does not allow compliance with the
requirements of this AD, then that operator must present a customized
plan for AD compliance for the applicable airplane with a request for
an alternative method of compliance (AMOC) under the provisions of
paragraph (i)(1) of this AD. It is impractical for the FAA to customize
an AD in a way that meets operator's specific requirements for
compliance. The FAA has not changed this AD regarding this issue.

Request To Include an Exception to the Method of Compliance

    DAL requested that the FAA add an exception to include a statement
that,

for demonstration of compliance with Paragraph (5) of EASA AD 2020-
0174, the part serial number does not need to be positively identified,
provided that it can be determined that the part is serviceable using
the definition provided in EASA AD 2020-0174. DAL mentioned that the
service information specified in EASA AD 2020-0174 does not contain
part numbers for suspected parts, and instead the only part numbers
within the service information appendices are the part numbers of
potentially discrepant structural parts, which on Model A321 airplanes
are not serialized. DAL pointed out that verbatim application of the
service information might cause improper evaluation of parts for
applicability of the suspected part definition. DAL continued to point
out that the service information conflicts with EASA AD 2020-0174, and
that EASA AD 2020-0174 bounds the suspected outer flap tab population
by outer flap tab serial number in Appendix 2 of EASA AD 2020-0174. DAL
then pointed out that verbatim application of the service information
on Model A321 airplanes could introduce the possibility that the
inspection of an outer flap tab with potentially discrepant internal
structure is not completed.
    The FAA does not agree to include the requested exception. This AD
requires EASA AD 2020-0174, which is based on the configuration of an
airplane at the time of delivery. As specified in EASA AD 2020-0174, if
a serial number cannot be identified, then that part is defined as a
suspected part. EASA AD 2020-0174 takes precedence over any
instructions specified in the service information it references.
Therefore, operators can comply with the requirements of this AD.
However, once this AD is published, any person may present sufficient
data and rationale and request approval of an AMOC under the provisions
of paragraph (i)(1) of this AD. The FAA has not changed this AD
regarding this issue.

Conclusion

    The FAA reviewed the relevant data, considered the comments
received, and determined that air safety and the public interest
require adopting this final rule as proposed, except for minor
editorial changes. The FAA has determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    EASA AD 2020-0174 describes procedures for a one-time eddy current
conductivity measurement of certain structural parts of the outer flaps
to determine if the incorrect alloy was used, and replacement if
necessary; and a one-time eddy current conductivity measurement of
certain other structural parts of the outer flaps to determine if the
parts were properly heat treated, and replacement if necessary. This
material is reasonably available because the interested parties have
access to it through their normal course of business or by the means
identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 63 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                     Estimated Costs for Required Actions *
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD                6 work-hours x $85 per                $0            $510         $32,130
 2019[dash]21[dash]10.                   hour = $510.
New actions...........................  5 work-hours x $85 per                 0             425          26,775
                                         hour = $425.
----------------------------------------------------------------------------------------------------------------
* Table does not include estimated costs for reporting.

    The FAA estimates that it takes about 1 work-hour per product to
comply with the reporting requirement in this AD. The average labor
rate is $85 per hour. Based on these figures, the FAA estimates the
cost of reporting the inspection results on U.S. operators to be
$5,355, or $85 per product.
    The FAA has received no definitive data on which to base the cost
estimates for the on-condition replacement specified in this AD.
    According to the manufacturer, some or all of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected operators. The FAA does not control warranty coverage for
affected operators. As a result, the FAA has included all known costs
in the cost estimate.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a current valid OMB control number. The control
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in
the Costs of Compliance section of this document and includes time for
reviewing instructions, as well as completing and reviewing the
collection of information. Therefore, all reporting associated with
this AD is mandatory. Comments concerning the accuracy of this burden
and suggestions for reducing the burden should be directed to the
Information Collection Clearance Officer, Federal Aviation
Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524.

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.
    The FAA is 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

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the

distribution of power and responsibilities among the various levels of
government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, 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.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive (AD) 2019-21-10, Amendment 39-19776
(84 FR 63794, November 19, 2019); and
0
b. Adding the following new AD:

2021-22-04 Airbus SAS: Amendment 39-21777; Docket No. FAA-2020-1029;
Project Identifier MCAI-2020-01126-T.

(a) Effective Date

    This airworthiness directive (AD) is effective December 27,
2021.

(b) Affected ADs

    This AD replaces AD 2019-21-10, Amendment 39-19776 (84 FR 63794,
November 19, 2019) (AD 2019-21-10).

(c) Applicability

    This AD applies to all Airbus SAS airplanes identified in
paragraphs (c)(1) through (4) of this AD, certificated in any
category.
    (1) Model A318-111, -112, -121, and -122 airplanes.
    (2) Model A319-111, -112, -113, -114, -115, -131, -132, and -133
airplanes.
    (3) Model A320-211, -212, -214, -216, -231, -232, and -233
airplanes.
    (4) Model A321-111, -112, -131, -211, -212, -213, -231, and -232
airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Reason

    This AD was prompted by a quality control review, which
determined that the wrong aluminum alloy was used to manufacture
several structural parts and by the issuance of an updated list of
suspected parts, including those that may have been improperly heat
treated. The FAA is issuing this AD to address structural parts that
may not meet the certified life limit, which could result in failure
of the flap trailing edge and reduced controllability of the
airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2020-0174, dated August 5, 2020 (EASA AD 2020-0174).

(h) Exceptions to EASA AD 2020-0174

    (1) Where EASA AD 2020-0174 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0174 does not apply
to this AD.
    (3) Where paragraphs (7) and (8) of EASA AD 2020-0174 mandate a
parts installation limitation, this AD requires the following parts
installation limitation: From the effective date of this AD, only
serviceable parts as defined in EASA AD 2020-0174 are allowed to be
installed on any airplane.
    (4) Where any service information referenced in EASA AD 2020-
0174 specifies reporting, this AD requires reporting all inspection
results at the applicable time specified in paragraph (h)(4)(i) or
(ii) of this AD. If operators have reported findings as part of
obtaining any corrective actions approved by Airbus SAS's EASA
Design Organization Approval (DOA), operators are not required to
report those findings as specified in this paragraph.
    (i) If the inspection was done on or after the effective date of
this AD: Submit the report within 30 days after the inspection.
    (ii) If the inspection was done before the effective date of
this AD: Submit the report within 90 days after the effective date
of this AD.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, 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 responsible Flight
Standards Office, as appropriate. If sending information directly to
the Large Aircraft Section, International Validation Branch, send it
to the attention of the person identified in paragraph (j) of this
AD. Information may be emailed to: [email protected].
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Airbus
SAS's EASA DOA. If approved by the DOA, the approval must include
the DOA-authorized signature.
    (3) Required for Compliance (RC): Except as required by
paragraphs (h)(4) and (i)(2) of this AD, if any service information
contains procedures or tests that are identified as RC, those
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.
    (4) Paperwork Reduction Act Burden Statement: A federal agency
may not conduct or sponsor, and a person is not required to respond
to, nor shall a person be subject to a penalty for failure to comply
with a collection of information subject to the requirements of the
Paperwork Reduction Act unless that collection of information
displays a current valid OMB Control Number. The OMB Control Number
for this information collection is 2120-0056. Public reporting for
this collection of information is estimated to be approximately 1
hour per response, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information.
All responses to this collection of information are mandatory as
required by this AD. Send comments regarding this burden estimate or
any other aspect of this collection of information, including
suggestions for reducing this burden to Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177-1524.

(j) Related Information

    For more information about this AD, contact Sanjay Ralhan,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; phone and
fax:<PHONE_NUMBER>; email: [email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.

    (i) European Union Aviation Safety Agency (EASA) AD 2020-0174,
dated August 5, 2020.
    (ii) [Reserved]
    (3) For EASA AD 2020-0174, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; phone: +49 221 8999 000; email:
[email protected]; internet: www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu.
    (4) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>. This material may be found in the AD
docket on the internet at https://www.regulations.gov by searching
for and locating Docket No. FAA-2020-1029.
    (5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on October 13, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-25201 Filed 11-18-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 22 (Wednesday, February 3, 2016)]
[Notices]
[Pages 5806-5807]
[FR Doc No: 2016-01927]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76990; File No. SR-ISE-2016-04]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change To Amend the Schedule of Fees

January 28, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on January 19, 2016 the International Securities Exchange, LLC
(the ``Exchange'' or the ``ISE'') filed with the Securities and
Exchange Commission the proposed rule change, as described in Items I
and II below, which items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The ISE proposes to amend the Schedule of Fees to rename its
Payment for Order Flow program. The text of the proposed rule change is
available on the Exchange's Web site (http://www.ise.com), at the
principal office of the Exchange, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    The Exchange administers a payment for order flow (``PFOF'')
program that helps Market Makers \3\ establish PFOF arrangements with
Electronic Access Members (``EAMs'') in exchange for those EAMs routing
some or all of their order flow to the Market Maker. This PFOF program
is funded through a fee of $0.70 per contract,\4\ which is paid by ISE
Market Makers for each regular Priority Customer \5\ contract executed
in Non-Select Symbols.\6\ The Exchange now proposes to rename the PFOF
fee to ``marketing fee'' to keep the name of this program consistent
with usage on other options markets that have adopted this terminology.
The Exchange is not proposing any substantive changes to this program.
---------------------------------------------------------------------------

    \3\ The term ``Market Makers'' refers to ``Competitive Market
Makers'' and ``Primary Market Makers'' collectively. See Rule
100(a)(25).
    \4\ The fee is waived in FX Options, Flash Orders, and for
Complex Orders in all symbols. The PFOF fee is rebated
proportionately to the members that paid the fee such that on a
monthly basis the PFOF fund balance administered by a Primary Market
Maker for a Group of options established under Rule 802(b) does not
exceed $100,000 and the PFOF fund balance administered by a
preferenced Competitive Market Maker for such a Group does not
exceed $100,000. A preferenced Competitive Market Maker that elects
not to administer a fund will not be charged the PFOF fee.
    The Exchange assesses an administrative fee of 0.45% on the
total amount of the funds collected each month.
    \5\ A ``Priority Customer'' is a person or entity that is not a
broker/dealer in securities, and does not place more than 390 orders
in listed options per day on average during a calendar month for its
own beneficial account(s), as defined in Rule 100(a)(37A).
    \6\ ``Non-Select Symbols'' are options overlying all symbols
excluding Select Symbols. The Schedule of Fees currently states that
PFOF is applicable to ``Non-Penny Pilot Symbols,'' which is an
outdated term. The Exchange therefore proposes to update the
Schedule of Fees to refer instead to ``Non-Select Symbols.''
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder that are applicable to a national securities exchange, and,
in particular, with the requirements of Section 6(b) of the Act.\7\ In
particular, the proposal is consistent with Section 6(b)(5) of the
Act,\8\ because it is designed to promote just and equitable principles
of trade, to remove impediments to and perfect the mechanisms of a free
and open market and a national market system and, in general, to
protect investors and the public interest. The proposed rule change
makes a non-substantive change to the name of the PFOF program operated
by the Exchange. The Exchange believes that this change will be
beneficial for members and investors who already use this term with
respect to trading on other options markets that have already adopted
this terminology. The Exchange further notes that the marketing fee
program will continue to operate exactly as it does today.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    In accordance with Section 6(b)(8) of the Act,\9\ the Exchange does
not believe that the proposed rule change will impose any burden on
intermarket or intramarket competition that is not necessary or
appropriate in furtherance of the purposes of the Act. The proposed
rule change is a non-substantive name change and is therefore not
designed to have any competitive impact.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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

    Because the proposed rule change does not (i) significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, it has

become effective pursuant to Section 19(b)(3)(A) of the Act \10\ and
Rule 19b-4(f)(6) thereunder.\11\
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \12\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \13\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has asked the Commission to waive the 30-day operative delay so that
the proposal may become operative immediately upon filing. The proposed
rule change modifies the name of the PFOF program operated by the
Exchange in a manner that is consistent with terminology used on other
options markets.\14\ Because the proposal does not raise any new or
novel issues and only involves a non-material change in terminology,
the Commission believes the waiver of the operative delay is consistent
with the protection of investors and the public interest. Therefore,
the Commission hereby waives the operative delay and designates the
proposal operative upon filing.\15\
---------------------------------------------------------------------------

    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ 17 CFR 240.19b-4(f)(6)(iii).
    \14\ See e.g., Chicago Board Options Exchange Fee Schedule,
available at http://www.cboe.com/publish/feeschedule/CBOEFeeSchedule.pdf.
    \15\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-ISE-2016-04 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ISE-2016-04. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-ISE-2016-04, and should be
submitted on or before February 24, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-01927 Filed 2-2-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 78 (Tuesday, April 25, 2017)]
[Notices]
[Pages 19063-19064]
[FR Doc No: 2017-08325]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-N-1393]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Patent Term
Restoration, Due Diligence Petitions, Filing, Format, and Content of
Petitions

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or we) is announcing
that a proposed collection of information has been submitted to the
Office of Management and Budget (OMB) for review and clearance under
the Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by May 25,
2017.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
FAX:<PHONE_NUMBER>, or emailed to<EMAIL_ADDRESS>All
comments should be identified with the OMB control number 0910-0233.
Also include the FDA docket number found in brackets in the heading of
this document.

Patent Term Restoration, Due Diligence Petitions, Filing, Format, and
Content of Petitions--21 CFR Part 60--OMB Control Number 0910-0233--
Extension

SUPPLEMENTARY INFORMATION: FDA's patent extension activities are
conducted under the authority of the Drug Price Competition and Patent
Term Restoration Act of 1984 (21 U.S.C. 355(j)) and the Generic Animal
Drug and Patent Term Restoration Act of 1988 (35 U.S.C. 156). New human
drug, animal drug, human biological, medical device, food additive, or
color additive products regulated by FDA must undergo FDA safety, or
safety and effectiveness review before marketing is permitted. Where
the product is covered by a patent, part of the patent's term may be
consumed during this review, which diminishes the value of the patent.
In enacting the Drug Price Competition and Patent Term Restoration Act
of 1984 and the Generic Animal Drug and Patent Term Restoration Act of
1988, Congress sought to encourage development of new, safer, and more
effective medical and food additive products. It did so by authorizing
the U.S. Patent and Trademark Office (USPTO) to extend the patent term
by a portion of the time during which FDA's safety and effectiveness
review prevented marketing of the product. The length of the patent
term extension is generally limited to a maximum of 5 years, and is
calculated by USPTO based on a statutory formula.
    When a patent holder submits an application for patent term
extension to USPTO, USPTO requests information from FDA, including the
length of the regulatory review period for the patented product. If
USPTO concludes that the product is eligible for patent term extension,
FDA publishes a notice that describes the length of the regulatory
review period and the dates used to calculate that period. Interested
parties may request, under Sec.  60.24 (21 CFR 60.24), revision of the
length of the regulatory review period, or may petition under Sec.
60.30 (21 CFR 60.30) to reduce the regulatory review period by any time
where marketing approval was not pursued with ``due diligence.''
    The statute defines due diligence as ``that degree of attention,
continuous directed effort, and timeliness'' as may reasonably be
expected from, and are ordinarily exercised by, a person during a
regulatory review period. As provided in Sec.  60.30(c), a due
diligence petition ``shall set forth sufficient facts, including dates
if possible, to merit an investigation by FDA or whether the applicant
acted with due diligence.'' Upon receipt of a due diligence petition,
FDA reviews the petition and evaluates whether any change in the
regulatory review period is necessary. If so, the corrected regulatory
review period is published in the Federal Register. A due diligence
petition not satisfied with FDA's decision regarding the petition may,
under Sec.  60.40 (21 CFR 60.40), request an informal hearing for
reconsideration of the due diligence determination. Petitioners are
likely to include persons or organizations having knowledge that FDA's
marketing permission for that product was not actively pursued
throughout the regulatory review period. The information collection for
which an extension of approval is being sought is the use of the
statutorily created due diligence petition.
    Since 1992, 20 requests for revision of the regulatory review
period have been submitted under Sec.  60.24(a). In years 2013, 2014,
and 2015, a total of five requests were submitted under Sec.  60.24(a).
During that same time period, there have been no requests under
Sec. Sec.  60.30 and 60.40; however, for purposes of this information
collection approval, we are estimating that we may receive one
submission annually.
    In the Federal Register of November 1, 2016 (81 FR 75824), we
published a 60-day notice requesting public comment on the proposed
collection of information. No comments were received in response to the
notice.
    FDA estimates the burden of this collection of information as
follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of
         21 CFR section              Number of     responses per   Total annual   Average burden    Total hours
                                    respondents     respondent       responses     per response
----------------------------------------------------------------------------------------------------------------
60.24(a)........................               3            1.66               5             100             500
60.30...........................               1               1               1              50              50
60.40...........................               1               1               1              10              10
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............             560
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    Dated: April 19, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-08325 Filed 4-24-17; 8:45 am]
 BILLING CODE 4164-01-P