[Federal Register: November 4, 2009 (Volume 74, Number 212)]
[Notices]
[Page 57168-57170]
[DOCID:fr04no09-66]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0825; FRL-8797-4]

Petition to Protect Children from Pesticide Drift; Notice of
Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: On October 13, 2009, EPA received a petition from Earthjustice
and Farmworker Justice, on behalf of several other organizations,
requesting that the Agency systematically evaluate children's exposures
to pesticide drift and require interim prohibitions on the use of
certain pesticides near homes, schools, and other places where children
congregate. With this notice, the Agency is soliciting comments on the
petition. In a separate notice published elsewhere in this issue of the
Federal Register, the Agency is soliciting comments on a draft
Pesticide Registration (PR) notice providing guidance on pesticide
drift labeling (see www.regulations.gov, docket identification number
EPA-HQ-OPP-2009-0628).

DATES: Comments must be received on or before January 4, 2010.

ADDRESSES: Submit your comments identified by the docket identification
(ID) number EPA-HQ-OPP-2009-0825, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.

     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to the docket ID number EPA-HQ-
OPP-2009-0825. EPA's policy is that all comments received will be
included in the docket without change and may be made available on-line
at http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of
operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The Docket Facility telephone
number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Jill Bloom, Chemical Review Manager,
Pesticide Re-evaluation Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

 A. Does this Action Apply to Me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, farm worker, and agricultural advocates; the chemical industry;
pesticide users; and members of the public interested in the sale,
distribution, or use of pesticides. Since others also may be
interested, the Agency has not attempted to describe all the specific
entities that may be affected by this action. If you have any questions
regarding the applicability of this action to a particular entity,
consult the chemical review manager listed under FOR FURTHER
INFORMATION CONTACT.

 B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline.
    3. Environmental justice. EPA seeks to achieve environmental
justice, the fair treatment and meaningful involvement of any group,
including minority and/or low income populations, in the development,
implementation, and enforcement of environmental laws, regulations, and
policies. To help address potential environmental justice issues, the
Agency seeks information on any groups or segments of the population
who, as a result of their location, cultural practices, or other
factors, may have atypical or disproportionately high and adverse human
health impacts or environmental effects due to pesticide drift,
compared to the general population.

II. Background

    The October 13, 2009 petition can be found in the docket for this
notice. In summary, the petition asserts that the Agency does not
adequately consider the exposures of children to pesticide drift,
especially children who live in agricultural areas. The petitioners are
asking that the Agency assess pesticide-specific exposures from drift
to children in homes, schools, and other areas in which children
congregate; determine if such exposures pose excessive risks; and
implement measures to reduce any such risks. The petitioners further
request that the Agency immediately adopt specific interim restrictions
on certain pesticides used near areas where children congregate. Apart
from the petition, the Agency is engaged in a number of activities to
address pesticide drift, including the development of a PR

Notice with guidance on labeling to reduce exposures, including
exposures to children. The Agency's activities to address drift are
described in more detail in the document ``Draft PR Notice 2009-X:
Additional Information and Questions for Commenters'' (available at
www.regulations.gov, docket identification number EPA-HQ-OPP-2009-
0628).

III. Process

 A. What Action is the Agency Taking?

    The Agency is soliciting public comment on the petition and opening
a docket for the collection of these comments. The Agency will consider
comments received during the public comment period when formulating its
response to the petition.

B. Information Submission Requirements

    Anyone may submit comments in response to the petition, and the
docket for comments on the petition will remain publicly accessible
through the decision-making process. To be considered by the Agency,
the submitted comments must meet the following requirements:
     Interested persons must submit their comments during the
comment period. The Agency may, at its discretion, consider comments
submitted at a later date.
     The comments must be presented in a legible and useable
form. For example, an English translation must accompany any material
that is not in English and a written transcript must accompany any
information submitted as an audiographic or videographic record.
Written material may be submitted in paper or electronic form.
     Submitters must clearly identify the source of any
submitted data or information included in their comments.
     Submitters may request the Agency to reconsider data or
information that the Agency rejected previously. However, submitters
must explain why they believe the Agency should reconsider such data or
information.

List of Subjects

    Environmental protection, Environmental Justice, Pesticides and
pests, Spray drift, Earthjustice, Farmworker Justice.

    Dated: October 27, 2009.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.

[FR Doc. E9-26595 Filed 11-3-09; 8:45 am]

BILLING CODE 6560-50-S


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on September 19, 2005

NOTICE OF ACTION TAKEN -- DOCKET OST-2001-8772

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant: El Al Israel Airlines, Ltd.  & Delta Air Lines, Inc.
Date Filed: May 6, 2005

Relief requested:  Exemption from 49 U.S.C. section 41301 to permit El
Al to conduct scheduled foreign air transportation of persons, property
and mail, between a point or points in Israel and Ft. Lauderdale,
Florida via New York, New York (the New York-Ft. Lauderdale segment to
be conducted by code-share with a U.S. air carrier); and amended
Statement of Authorization under 14 CFR Part 212 to permit Delta to
carry the code of El Al on Delta’s scheduled flights between New York
and Ft. Lauderdale.

If renewal, date and citation of last action:  New authority amends
authority granted May 28, 2004, in this docket

Applicant representatives:  Robert E. Cohn<PHONE_NUMBER> & John E.
Gillick<PHONE_NUMBER>

DOT Analyst:  Shelita A. Smith<PHONE_NUMBER>

Responsive pleadings:  None filed

DISPOSITION

Action:  Approved						Action date: September 19, 2005

Effective dates of exemption authority granted:  September 19, 2005 –
September 19, 2006

Effective dates of statement of authorization granted:  September 19,
2005 – Indefinite, subject to code-share conditions

Basis for approval (bilateral agreement/reciprocity):  The authority
granted is consistent with the ad referendum agreement signed on January
10, 2001, amending the U.S.-Israel Air Transport Agreement.

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations indicated:

  X    Standard exemption conditions (attached)           X    Foreign
air carrier permit   (Order 86-3-58)

   X   Code-share conditions previously imposed in this Docket

Special conditions/Partial grant/Denial basis/Remarks:

Action taken by:  Paul L. Gretch, Director

		   Office of International Aviation

________________________________________________________________________
________________________________________________________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) the applicant is qualified to perform the
proposed operations; (2) our action was consistent with Department
policy; (3) grant of the authority was consistent with the public
interest; and (4) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied

all requests in the referenced Docket.  We may amend, modify, or revoke
the authority granted in this Notice at any time without hearing at our
discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR §
385.30, may file their petitions within seven (7) days after the date of
issuance of this Notice.  This action was effective when taken, and the
filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp"
http://dms.dot.gov//reports/reports_aviation.asp

Foreign Carrier Exemption Conditions

In the conduct of the operations authorized, the foreign carrier
applicant(s) shall:

(1)  Not conduct any operations unless it holds a currently effective
authorization from its homeland for such operations, and it has filed a
copy of such authorization with the Department;

(2)  Comply with all applicable requirements of the Federal Aviation
Administration, including, but not limited to, 14 CFR Parts 129, 91, and
36, and with all applicable U.S. Government requirements concerning
security, including, but not limited to, 49 CFR Part 1546 or 1550, as
applicable.  To assure compliance with all applicable U.S. Government
requirements concerning security, the holder shall, before commencing
any new service (including charter flights) from a foreign airport that
would be the holder’s last point of departure for the United States,
contact its International Principal Security Inspector (IPSI) to advise
the IPSI of its plans and to find out whether the Transportation
Security Administration has determined that security is adequate to
allow such airport(s) to be served;

(3)  Comply with the requirements for minimum insurance coverage
contained in 14 CFR Part 205, and, prior to the commencement of any
operations under this authority, file evidence of such coverage, in the
form of a completed OST Form 6411, with the Federal Aviation
Administration’s Program Management Branch (AFS-260), Flight Standards
Service (any changes to, or termination of, insurance also shall be
filed with that office);

(4)  Not operate aircraft under this authority unless it complies with
operational safety requirements at least equivalent to Annex 6 of the
Chicago Convention;

(5)  Conform to the airworthiness and airman competency requirements of
its Government for international air services;

(6)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR Part 203,
concerning waiver of Warsaw Convention liability limits and defenses;

(7)  Agree that operations under this authority constitute a waiver of
sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with
respect to those actions or proceedings instituted against it in any
court or other tribunal in the United States that are: (a)  based on its
operations in international air transportation that, according to the
contract of carriage, include a point in the United States as a point of
origin, point of destination, or agreed stopping place, or for which the
contract of carriage was purchased in the United States; or (b)  based
on a claim under any international agreement or treaty cognizable in any
court or other tribunal of the United States.  In this condition, the
term "international air transportation" means "international
transportation" as defined by the Warsaw Convention, except that all
States shall be considered to be High Contracting Parties for the
purpose of this definition;

(8)  Except as specifically authorized by the Department, originate or
terminate all flights to/from the United States in its homeland;

(9)  Comply with the requirements of 14 CFR Part 217, concerning the
reporting of scheduled, nonscheduled, and charter data;

(10) If charter operations are authorized, except as otherwise provided
in the applicable aviation agreement, comply with the Department's rules
governing charters (including 14 CFR Parts 212 and 380); and

(11) Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department, with all applicable orders or regulations of other U.S.
agencies and courts, and with all applicable laws of the United States.

This authority shall not be effective during any period when the holder
is not in compliance with the conditions imposed above.  Moreover, this
authority cannot be sold or otherwise transferred without explicit
Department approval under Title 49 of the U.S. Code.

 We note that Delta and El Al sought authority for a two-year period.
However, as is our usual practice on conferring exemption authority in
the circumstances presented, we are limiting the term of authority to
one year.  Delta and El Al may, of course seek renewal of this authority
in accordance with the Department’s regulations.

05/2004


[Federal Register Volume 77, Number 153 (Wednesday, August 8, 2012)]
[Notices]
[Pages 47381-47382]
[FR Doc No: 2012-19427]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9713-6]

Proposed Settlement Agreement, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Proposed Settlement Agreement; Request for Public
Comment.

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SUMMARY: In accordance with section 113(g) of the Clean Air Act, as
amended (``Act''), 42 U.S.C. 7413(g), notice is hereby given of a
proposed settlement agreement to address a lawsuit filed in the United
States District Court for the Middle District of Louisiana: Louisiana
Environmental Action Network v. EPA, No. 3:12-cv-00088-JTT-JDK (M.D.
La). On or about February 15, 2012, Louisiana Environmental Action
Network filed a complaint that EPA failed to perform its
nondiscretionary duty pursuant to section 505(b)(2) of the Act, 42
U.S.C. 7661d(b)(2), to grant or deny, within 60 days after it was
filed, a petition requesting that EPA object to a proposed title V
operating permit for the Noranda Alumina, LLC alumina processing
facility in Gramercy, St. John the Baptist Parish, Louisiana issued by
the Louisiana Department of Environmental Quality (``LDEQ''). Under the
terms of the proposed settlement agreement, EPA would be required to
sign its response to Plaintiff's petition by December 15, 2012.

DATES: Written comments on the proposed settlement agreement must be
received by September 7, 2012.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2012-0573, online at www.regulations.gov (EPA's preferred method);
by email to<EMAIL_ADDRESS>mailed to EPA Docket Center,
Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania
Ave. NW., Washington, DC 20460-0001; or by hand delivery or courier to
EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW.,
Washington, DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday,
excluding legal holidays. Comments on a disk or CD-ROM should be
formatted in Word or ASCII file, avoiding the use of special characters
and any form of encryption, and may be mailed to the mailing address
above.

FOR FURTHER INFORMATION CONTACT: Gretchen Graves, Esq., Air and
Radiation Law Office (2344A), Office of General Counsel, U.S.
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460; telephone:<PHONE_NUMBER>; fax number (202) 564-
5603; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    The proposed settlement agreement would settle Plaintiff's claims
in a title V deadline suit concerning a petition to object to a permit
issued by the Louisiana Department of Environmental Quality for the
Noranda alumina processing facility. The proposed settlement agreement
would require EPA to sign its response to Plaintiff's petition by
December 15, 2012. Once EPA grants or denies the petition, EPA would be
required to expeditiously deliver notice of its response to Plaintiff.
Under the settlement agreement, once EPA has met these obligations,
Plaintiff shall file a motion for voluntary dismissal, with prejudice.
    For a period of thirty (30) days following the date of publication
of this notice, the Agency will receive written comments relating to
the proposed settlement agreement from persons who were not named as
parties or intervenors to the litigation in question. EPA or the
Department of Justice may withdraw or withhold consent to the proposed
settlement agreement if the comments disclose facts or considerations
that indicate that such consent is inappropriate, improper, inadequate,
or inconsistent with the requirements of the Act. Unless EPA or the
Department of Justice determines that consent to the settlement
agreement should be withdrawn, the terms of the agreement will be
affirmed.

II. Additional Information About Commenting on the Proposed Settlement
Agreement

A. How can I get a copy of the settlement agreement?

    Direct your comments to the official public docket for this action
under Docket ID No. EPA-HQ-OGC-2012-0573 which contains a copy of the
settlement agreement. The official public docket is available for
public viewing at the Office of Environmental Information (OEI) Docket
in the EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave.
NW., Washington, DC. The EPA Docket Center Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744,

and the telephone number for the OEI Docket is<PHONE_NUMBER>.
    An electronic version of the public docket is available through
www.regulations.gov. You may use the www.regulations.gov to submit or
view public comments, access the index listing of the contents of the
official public docket, and to access those documents in the public
docket that are available electronically. Once in the system, select
``search,'' then key in the appropriate docket identification number.
    It is important to note that EPA's policy is that public comments,
whether submitted electronically or in paper, will be made available
for public viewing online at www.regulations.gov without change, unless
the comment contains copyrighted material, CBI, or other information
whose disclosure is restricted by statute. Information claimed as CBI
and other information whose disclosure is restricted by statute is not
included in the official public docket or in the electronic public
docket. EPA's policy is that copyrighted material, including
copyrighted material contained in a public comment, will not be placed
in EPA's electronic public docket but will be available only in
printed, paper form in the official public docket. Although not all
docket materials may be available electronically, you may still access
any of the publicly available docket materials through the EPA Docket
Center.

B. How and to whom do I submit comments?

    You may submit comments as provided in the ADDRESSES section.
Please ensure that your comments are submitted within the specified
comment period. Comments received after the close of the comment period
will be marked ``late.'' EPA is not required to consider these late
comments.
    If you submit an electronic comment, EPA recommends that you
include your name, mailing address, and an email address or other
contact information in the body of your comment and with any disk or CD
ROM you submit. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. Any identifying or
contact information provided in the body of a comment will be included
as part of the comment that is placed in the official public docket,
and made available in EPA's electronic public docket. If EPA cannot
read your comment due to technical difficulties and cannot contact you
for clarification, EPA may not be able to consider your comment.
    Use of the www.regulations.gov Web site to submit comments to EPA
electronically is EPA's preferred method for receiving comments. The
electronic public docket system is an ``anonymous access'' system,
which means EPA will not know your identity, email address, or other
contact information unless you provide it in the body of your comment.
In contrast to EPA's electronic public docket, EPA's electronic mail
(email) system is not an ``anonymous access'' system. If you send an
email comment directly to the Docket without going through
www.regulations.gov, your email address is automatically captured and
included as part of the comment that is placed in the official public
docket, and made available in EPA's electronic public docket.

    Dated: August 1, 2012.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2012-19427 Filed 8-7-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 152 (Thursday, August 6, 2020)]
[Notices]
[Pages 47781-47782]
[FR Doc No: 2020-17189]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP20-500-000]

Black Marlin Pipeline LLC; Notice of Request Under Blanket
Authorization

    Take notice that on July 24, 2020, Black Marlin Pipeline LLC (Black
Marlin), 2800 Post Oak Boulevard, Houston, Texas 77056, filed in the
above referenced docket, a prior notice request pursuant to sections
157.205 and 157.216 of the Commission's regulations under the Natural
Gas Act (NGA) and Columbia's blanket certificate issued in Docket No.
CP89-2115-000, for authorization to abandon in place approximately
23.86 miles of 16-inch-diameter pipeline located in the federal waters
of the Gulf of Mexico, Offshore Texas. Black Marlin states that the
facilities proposed for abandonment have not provided service to any
customers since November 2016 and are not covered under any firm or
interruptible transportation contracts. Thus, they state that the
proposed abandonment will have no impact on the daily design capacity
of, or the operating conditions of, Black Marlin's pipeline system, all
as more fully set forth in the application which is on file with the
Commission and open to public inspection.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. 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_ADDRESS>or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659.
    Any questions regarding this prior notice request should be
directed to Sheryl Johnson-Schumack, Regulatory Analyst Lead, Black
Marlin Pipeline LLC, 2800 Post Oak Boulevard, Houston, Texas 77056, or
call<PHONE_NUMBER>.
    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the EA for this proposal. The filing of the EA in the Commission's
public record for this proceeding or the issuance of a Notice of
Schedule for Environmental Review will serve to notify federal and
state agencies of the timing for the completion of all necessary
reviews, and the subsequent need to complete all federal authorizations
within 90 days of the date of issuance of the Commission staff's EA.
    Any person may, within 60 days after the issuance of the instant
notice by the Commission, file pursuant to Rule 214 of the Commission's
Procedural Rules (18 CFR 385.214) a motion to intervene or notice of
intervention. Any person filing to intervene, or the Commission's staff
may, pursuant to section 157.205 of the Commission's Regulations under
the NGA (18 CFR 157.205) file a protest to the request. If no protest
is filed within the time allowed therefore, the proposed activity shall
be deemed to be authorized effective the day after the time allowed for
protest. If a protest is filed and not withdrawn within 30 days after
the time allowed for filing a protest, the instant request shall be
treated as an application for

authorization pursuant to section 7 of the NGA.
    The Commission strongly encourages electronic filings of comments,
protests, and interventions using the ``eFiling'' link at http://www.ferc.gov. In lieu of electronic filing, you may submit a paper
copy. 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.

    Dated: July 31, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-17189 Filed 8-5-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 47 (Friday, March 9, 2018)]
[Notices]
[Pages 10507-10508]
[FR Doc No: 2018-04781]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2018-0002; Internal Agency Docket No. FEMA-B-1804]

Proposed Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: Comments are requested on proposed flood hazard
determinations, which may include additions or modifications of any
Base Flood Elevation (BFE), base flood depth, Special Flood Hazard Area
(SFHA) boundary or zone designation, or regulatory floodway on the
Flood Insurance Rate Maps (FIRMs), and where applicable, in the
supporting Flood Insurance Study (FIS) reports for the communities
listed in the table below. The purpose of this notice is to seek
general information and comment regarding the preliminary FIRM, and
where applicable, the FIS report that the Federal Emergency Management
Agency (FEMA) has provided to the affected communities. The FIRM and
FIS report are the basis of the floodplain management measures that the
community is required either to adopt or to show evidence of having in
effect in order to qualify or remain qualified for participation in the
National Flood Insurance Program (NFIP). In addition, the FIRM and FIS
report, once effective, will be used by insurance agents and others to
calculate appropriate flood insurance premium rates for new buildings
and the contents of those buildings.

DATES: Comments are to be submitted on or before June 7, 2018.

ADDRESSES: The Preliminary FIRM, and where applicable, the FIS report
for each community are available for inspection at both the online
location https://www.fema.gov/preliminaryfloodhazarddata and the
respective Community Map Repository address listed in the tables below.
Additionally, the current effective FIRM and FIS report for each
community are accessible online through the FEMA Map Service Center at
https://msc.fema.gov for comparison.
    You may submit comments, identified by Docket No. FEMA-B-1804, to
Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance
and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC
20472,<PHONE_NUMBER>, or (email) [email protected].

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
[email protected]; or visit the FEMA Map Information
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: FEMA proposes to make flood hazard
determinations for each community listed below, in accordance with
section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4104, and 44 CFR 67.4(a).
    These proposed flood hazard determinations, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities. These flood
hazard determinations are used to meet the floodplain management
requirements of the NFIP and also are used to calculate the appropriate
flood insurance premium rates for new buildings built after the FIRM
and FIS report become effective.
    The communities affected by the flood hazard determinations are
provided in the tables below. Any request for reconsideration of the
revised flood hazard information shown on the Preliminary FIRM and FIS
report that satisfies the data requirements outlined in 44 CFR 67.6(b)
is considered an appeal. Comments unrelated to the flood hazard
determinations also will be considered before the FIRM and FIS report
become effective.
    Use of a Scientific Resolution Panel (SRP) is available to
communities in support of the appeal resolution process. SRPs are
independent panels of experts in hydrology, hydraulics, and other
pertinent sciences established to review conflicting scientific and
technical data and provide recommendations for resolution. Use of the
SRP only may be exercised after FEMA and local communities have been
engaged in a collaborative consultation process for at least 60 days
without a mutually acceptable resolution of an appeal. Additional
information regarding the SRP process can be found online at https://www.floodsrp.org/pdfs/srp_overview.pdf.
    The watersheds and/or communities affected are listed in the tables
below. The Preliminary FIRM, and where applicable, FIS report for each
community are available for inspection at both the online location
https://www.fema.gov/preliminaryfloodhazarddata and the respective
Community Map Repository address listed in the tables. For communities
with multiple ongoing Preliminary studies, the studies can be
identified by the unique project number and Preliminary FIRM date
listed in the tables. Additionally, the current effective FIRM and FIS
report for each community are accessible online through the FEMA Map
Service Center at https://msc.fema.gov for comparison.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: February 6, 2018.
Roy E. Wright,
Deputy Associate Administrator for Insurance and Mitigation, Department
of Homeland Security, Federal Emergency Management Agency.

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
           Bartholomew County, Indiana and Incorporated Areas
------------------------------------------------------------------------
          Project: 10-05-2671S Preliminary Date: July 30, 2014
------------------------------------------------------------------------
City of Columbus.......................  Bartholomew County Planning
                                          Department, 123 Washington
                                          Street, Suite 8, Columbus, IN
                                          47201.
Town of Hope...........................  Hope Town Hall, 404 Jackson
                                          Street, Hope, IN 47246.
Unincorporated Areas of Bartholomew      Bartholomew County Planning
 County.                                  Department, 123 Washington
                                          Street, Suite 8, Columbus, IN
                                          47201.

              Cuyahoga County, Ohio and Incorporated Areas
------------------------------------------------------------------------
         Project: 13-05-1794S Preliminary Date: October 18, 2017
------------------------------------------------------------------------
City of Bay Village....................  Engineering Department, 350
                                          Dover Center Road, Bay
                                          Village, OH 44140.
City of Cleveland......................  City Hall, 601 Lakeside Avenue,
                                          Cleveland, OH 44114.
City of Euclid.........................  City Hall, 585 East 222nd
                                          Street, Euclid, OH 44123.
City of Lakewood.......................  City Hall, 12650 Detroit
                                          Avenue, Lakewood, OH 44107.
City of Rocky River....................  City Hall, 21012 Hilliard
                                          Boulevard, Rocky River, OH
                                          44116.
Village of Bratenahl...................  Village Hall, 411 Bratenahl
                                          Road, Bratenahl, OH 44108.
------------------------------------------------------------------------

[FR Doc. 2018-04781 Filed 3-8-18; 8:45 am]
 BILLING CODE 9110-12-P


Materials Characterization Paper

In Support of the

Advanced Notice of Proposed Rulemaking –

Identification of Nonhazardous Materials That Are Solid Waste

Secondary Glass Material - Used as ingredient in glass manufacture

December 16, 2008

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

1.	Definition of Secondary Glass Material

Secondary glass material consists of both post-consumer (MSW) glass as
well as post-industrial glass (i.e., glass scrap generated in the
process of glass material manufacture. Glass in the MSW stream includes
glass containers and packaging as well as glass used in durable goods,
such as furniture, appliances, and consumer electronics. Post industrial
glass includes fiber scrap from fiber glass and fiberoptics
manufacturing processes as well as internal container glass scrap.

2.	Annual Quantities Generated and Used

Sectors that generate secondary glass material:

Secondary glass material is generated by NAICS sector 3272, Glass and
Glass Product Manufacturing.  Secondary glass material can also be
collected as part of municipal solid waste streams (MSW), but the focus
on this paper is on the industrial product.

Quantities and prices of secondary glass material generated:

EPA estimates that 13.6 million tons of glass packaging and other glass
scrap material was generated in 2007 (EPA 2007).

In addition, one report addressing the glass industry estimates that
more than 60,000 tons of “glass-manufacturing scrap” are generated
annually (Argonne National Laboratory). It is unclear if other process
steps in glass manufacturing generated additional quantities of scrap,
and it is also unclear whether this scrap includes or excludes scrap
that is internally reused in manufacturing.  This estimate does,
however, exclude scrap from fiberglass manufacturing, and appears to
exclude secondary glass from post-consumer sources.

The report further estimates that an additional 200,000 tons of
fiberglass scrap is annually generated during the manufacturing of
fiberglass products (Argonne National Laboratory).

Glass pricing information is available in some cases for post-consumer
MSW glass, but is not available specifically for industrial scrap.  It
is possible that  industrial glass scrap has a different pricing
structure, due to differences in composition, quality, product
consistency, and contamination.

Trends in generation of secondary glass material:

Differences in trends between different types of glass could not be
identified at this time.

3.	Uses of Material/Commodity

Ingredient uses of secondary glass material in combustion processes:

Glass-to-glass processing is generally the most environmentally
beneficial recycling option, other things being equal.  Ninety percent
of recycled MSW glass is used to make new glass containers. Today, most
glass manufacturers rely on a steady supply of recycled crushed glass,
known as "cullet," to supplement raw materials. To make glass,
manufacturers mix sand, soda ash, limestone, and cullet; heat the
mixture to a temperature of 2,600 to 2,800 degrees F; and mold it into
the desired shape. Sand is the only material used in greater volumes
than cullet to manufacture glass.

Attempts by the glass manufacturing industry to recycle secondary glass
fiber material back into fiber glass and fiberoptics production
processes have failed in the past because they have resulted in an
unacceptably high rate of filament breakage in the subsequent
glass-manufacturing processes. This breakage rate is due to the presence
of impurities in the secondary glass fiber material.   It is not clear,
however, whether these problems prevent the use of this material in
other types of products

Other uses of secondary glass material:

Other uses of high-quality cullet include use as abrasives, aggregate
substitute, bead manufacturing, kitchen tiles, counter tops, wall
insulation, frictionators (match tips), fluxes in metal foundry work,
and roadbed aggregate.

Quantities of secondary glass material landfilled:

The recycling rate of glass in the MSW stream in 2007 was 23.7 percent.
Of the 13.6 million tons of MSW glass and packaging generated in 2007,
10.36 million tons were landfilled and 3.22 million tons were recycled
(EPA 2007).

At this time, we have not determined landfill quantities of other glass
types, such as fiberoptic material and glass manufacturing scrap that
never enters the MSW stream.  At most, according to the report by
Argonne National Laboratory, these quantities would be roughly 260,000
tons for fiberglass and other glass manufacturing scrap.

Quantities of secondary glass material stockpiled/stored:

Estimates of the quantity of secondary glass material being stockpiled
could not be identified at this time, but because disposal of these
products is not restricted and the market for secondary materials has
generally been strong, little incentive exists to create stockpiles.

Exhibit 1:  Overview of Generation and Use of Secondary Glass Material

Commodity	Annual Quantity Generated 	Annual Quantity Used as Ingredient
Annual Quantity Landfilled	Annual Quantity in Other Uses	Total Quantity
Stockpiled

Glass Furnaces	Other

-------------------------------------- Short Tons per Year
--------------------------------

MSW Glass	13.6 million	2.90 million*	Undetermined	10.36 million	0.32
million	Undetermined

Glass manufacturing scrap	60,000	Undetermined	Undetermined	Undetermined
Undetermined	Undetermined

Fiberglass manufacturing scrap	200,000	Undetermined	Undetermined
Undetermined	Undetermined	Undetermined

*Calculated using EPA data (EPA, 2007) and the EPA estimate that 90% of
MSW glass is used to make new glass containers (EPA, 2008).  All other
ingredient uses are included in the “Other Uses” category.

Sources:

EPA 2007, 2008

Argonne National Laboratory

4.	Management and Combustion processes

Types of units using secondary glass material:

Secondary glass material can be used in glass furnaces in place of
virgin raw materials in glass manufacturing, though particular types of
scrap (e.g., from fiberglass) appear to be difficult to use in certain
applications.

Sourcing of secondary glass material:

In terms of industrial glass production, typically the same glass
manufacturing facility that produces secondary glass material reuses it
in their glass manufacturing processes; it is not clear to what extent
this feedstock is considered scrap.  Glass manufacturers can also buy
recovered glass (cullet) on the commodity market; much of this glass is
recovered from municipal solid waste streams and traded by municipal
recycling facilities (MRFs) or by brokers.

Processing of secondary glass material:

Although all glass is made of silica and soda, the type and quantity
vary slightly with different types of glass. These differences
frequently cause manufacturing problems due to different melting points
and chemical incompatibility. In addition, since neither brown nor amber
glass is used to manufacture clear glass, it is important to sort glass
by color. After color sorting, glass is typically crushed and travels by
conveyor belt through a series of refinements. Magnets pull out metal,
and air currents remove lightweight material such as paper (EPA 2008).

Some cullet suppliers use sophisticated equipment such as lasers to sort
colors of crushed glass and further remove small contaminants.
Scientists continue to develop mechanisms to improve materials sorting,
and, therefore, the quality of the cullet (EPA 2008).

Argonne National Laboratory is developing a technology that will enable
the glass fiber industry to recycle its glass-fiber-forming and
fiberglass-manufacturing scrap into new glass products without either
adversely impacting its operations, or the quality of its products due
to the increasing glass-filament breakage rate (Argonne National
Laboratory).

State status of secondary glass material use as ingredient:

At this stage we have not identified any states that have approved use
of secondary glass material in glass manufacturing, but we have not
performed an exhaustive investigation of state activities and
regulations.  The practice of glass-to-glass recycling is commonplace,
although manufacturers of CRT glass are now generally located outside of
the United States. Under federal regulations, processed CRT glass sent
to a glass manufacturer is not a solid waste, and it is unlikely states
consider this a process that falls within their solid waste
jurisdiction.

5.	Commodity Composition and Impacts

Composition of secondary glass material:

Common glass contains about 70 percent silicon dioxide. In addition,
other compounds used in glass manufacturing are present in the final
glass product. Soda ash (anhydrous sodium carbonate) acts as a fluxing
agent in the melt. It lowers the melting point and the viscosity of the
formed glass, releases carbon dioxide, and helps stir the melt. Either
limestone or dolomite are sometimes used in lieu of soda ash. Alumina,
lead, and cadmium are used to increase the strength of the glass and
increase resistance to chemical attack. Various iron compounds, chromium
compounds, carbon, and sulfur are used as coloring agents (Turner
Fairbank Highway Research Center).

The major contaminants present in glass-manufacturing material from the
fiber-optics industry include:  carbonaceous material, tiny noble metal
particles, as well as trace amounts of Zr, Sr, Cr, Cu, Mg, Zn, Fe, Ba,
V, and Mn (Argonne National Laboratory).

Impacts of secondary glass material use:

Using cullet saves money and helps the environment. Cullet costs less
than raw materials, prolongs furnace life since it melts at a lower
temperature than sand, and demands less energy. Avoided energy use
results in reduced emissions of nitrogen oxide. Use of cullet also can
reduce the unit consumption of virgin glass materials (primarily sand).

The specific lifecycle impacts of cullet use as a raw material in glass
manufacturing are not evaluated here because of uncertainties in
lifecycle scenario development. For example, it is difficult to
determine the replacement ratio between cullet and other raw materials
in glass production. Thus, the correct quantity of material to be
modeled is unclear.

The ability to use recycled glass fibers in fiber optic applications
lowers energy costs by an average of $3-$8 per ton of glass fibers, when
compared to using virgin raw materials. If these glass material streams
are recycled, the glass industry will annually save over $2 million in
energy costs and over $5 million in disposal costs. Associated with the
energy savings is also a significant reduction in NOx emissions (Argonne
National Laboratory).

References

Argonne National Laboratory, Energy Systems Division, Recovery and
Recycling of Glass Manufacturing Waste and Fiberglass Scrap, accessed
at:   HYPERLINK
"http://www.es.anl.gov/Energy_systems/Process_Engineering/Technologies/D
ocuments/8-Glass%20Recycling-2003.pdf"
http://www.es.anl.gov/Energy_systems/Process_Engineering/Technologies/Do
cuments/8-Glass%20Recycling-2003.pdf .

Turner Fairbank Highway Research Center and the Federal Highway
Administration, User Guidelines for Waste and Byproduct Materials in
Pavement Construction, accessed at:   HYPERLINK
"http://www.tfhrc.gov/hnr20/recycle/waste/begin.htm"
http://www.tfhrc.gov/hnr20/recycle/waste/begin.htm .

United States Environmental Protection Agency (EPA). 2008, “Municipal
Solid Waste: Glass,” accessed at:   HYPERLINK
"http://www.epa.gov/osw/conserve/materials/glass.htm"
http://www.epa.gov/osw/conserve/materials/glass.htm .

United States Environmental Protection Agency (EPA). 2007, “Municipal
Solid Waste Generation, Recycling, and Disposal in the United States:
Facts and Figures for 2007.” Available at:   HYPERLINK
"http://www.epa.gov/epawaste/nonhaz/municipal/msw99.htm"
http://www.epa.gov/epawaste/nonhaz/municipal/msw99.htm

 PAGE

 PAGE   6

Secondary Glass Material


September 30, 2010

MEMORANDUM

SUBJECT:	N2O Data from EPA Heavy-Duty Testing

FROM:	Angela Cullen, Engineer

		Antonio Fernandez, Engineer

Assessment and Standards Division

TO:		Docket EPA-HQ-OAR-2010-0162

This memorandum contains the results of both engine and vehicle FTP
testing.  The vehicle FTP testing values include city cycle and the
highway fuel economy cycle.  The vehicle emission levels reflect the
composite result with the city cycle accounting for 55% and the highway
accounting for 45% of the result.  Vehicle testing was performed at
EPA’s National Vehicles and Fuels Emissions Laboratory (NVFEL).  N2O
measurements on vehicles were made with an INNOVA 1314 Photoacoustic
Multi-gas Monitor and confirmed with a Fourier Transform Infrared
Spectrometer (FTIR). The engine testing was performed at Southwest
Research Institute for the Advanced Collaborative Emissions Study
(ACES), an industry and government collaboration.  In the ACES program,
N2O measurements on engines over the FTP engine test cycle were made
using a FTIR.

All of the engines tested met the cap of 0.05 g/bhp-hr.  The average of
the engines was .025 g/mi. The engines included 7 tests on 4 diesel
engines from Cummins, Caterpillar, Detroit Diesel and Volvo.

All of the vehicles tested met the cap of 0.05 g/mile.  The average of
the vehicles was .026 g/mi. The vehicles included 10 gasoline tests and
2 diesel tests.


[Federal Register Volume 75, Number 214 (Friday, November 5, 2010)]
[Proposed Rules]
[Pages 68245-68246]
[FR Doc No: 2010-28080]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1043; Directorate Identifier 2010-NM-200-AD]
RIN 2120-AA64

Airworthiness Directives; McDonnell Douglas Corporation Model MD-
90-30 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
McDonnell Douglas Model MD-90-30 airplanes. This proposed AD would
require installing new fire handle shutoff system wiring. This proposed
AD was prompted by a possible latent failure in the fire handle shutoff
relay circuit due to a lack of separation between engine wires. We are
proposing this AD to minimize the possibility of a multiple engine
shutdown due to single fire handle activation.

DATES: We must receive comments on this proposed AD by December 20,
2010.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
3855 Lakewood Boulevard, MC D800-0019, Long Beach, California 90846-
0001; telephone<PHONE_NUMBER>, extension 2; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com. You may
review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: William S. Bond, Aerospace Engineer,
Los Angeles ACO--Propulsion Branch, ANM-140L, FAA Los Angeles Aircraft
Certification Office, 3960 Paramount Blvd., Lakewood, CA 90712;
telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2010-1043;
Directorate Identifier 2010-NM-200-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We have received a report from Boeing identifying a potential
unsafe condition. The engine fire shutoff handles on the MD-90
airplanes are designed to shutoff fuel at both the wing spar's
mechanical fuel fire shutoff valve and the electrical solenoid
controlled engine fuel shutoff valve in the engine Hydromechanical Unit
(HMU). Due to the lack of separation between engine wires, a latent
failure in the fire handle fuel shutoff relay circuit has the potential
of causing a dual engine shutdown in the event any single engine fuel
fire shutoff handle is activated. Separating the fire handle shutoff
system wiring will minimize the possibility of multiple engine shutdown
due to a single event. This condition, if not corrected, has the
potential of causing a dual engine shutdown in the event of any single
engine fuel fire shutoff handle activation.

Relevant Service Information

    We reviewed Boeing Alert Service Bulletin MD90-74A002, dated August
17, 2010. The service information describes procedures for installing
new fire handle shutoff system wiring.

FAA's Determination

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

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified
in the service information described previously.

Costs of Compliance

    We estimate that this proposed AD will affect 25 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
              Action                    Labor cost           Parts cost      Cost per product      operators
----------------------------------------------------------------------------------------------------------------
Wiring change....................  8 work-hour x $85                 $489             $1,169            $29,225
                                    per hour = $680.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

McDonnell Douglas Corporation: Docket No. FAA-2010-1043; Directorate
Identifier 2010-NM-200-AD.

Comments Due Date

    (a) We must receive comments by December 20, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all McDonnell Douglas Corporation Model
MD-90-30 airplanes, certificated in any category.

Subject

    (d) Joint Aircraft System Component (JASC)/Air Transport
Association (ATA) of America Code 74: Ignition system.

Unsafe Condition

    (e) This AD was prompted by a possible latent failure in the
fire handle shutoff relay circuit due to a lack of separation
between engine wires. We are proposing this AD to minimize the
possibility of a multiple engine shutdown due to single fire handle
activation.

Compliance

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

Wire Installation

    (g) Within 4,200 flight hours after the effective date of this
AD, install new fire handle shutoff system wiring, in accordance
with the Accomplishment Instructions of Boeing Alert Service
Bulletin MD90-74A002, dated August 17, 2010.

Alternative Methods of Compliance (AMOCs)

    (h)(1) The Manager, Los Angeles Aircraft Certification Office,
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in the Related Information
section of this AD.
    (2) Before using any approved AMOC, notify your Principal
Maintenance Inspector or Principal Avionics Inspector, as
appropriate, or lacking a principal inspector, your local Flight
Standards District Office.

Related Information

    (i) For more information about this AD, contact William S. Bond,
Aerospace Engineer, Los Angeles ACO--Airframe Branch, ANM-140L, FAA
Los Angeles Aircraft Certification Office, 3960 Paramount Blvd,
Lakewood, CA 90712-4137; telephone:<PHONE_NUMBER>; fax: (562) 627-
5210; e-mail<EMAIL_ADDRESS>    (j) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
3855 Lakewood Boulevard, MC D800-0019, Long Beach, California 90846-
0001; telephone<PHONE_NUMBER>, extension 2; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com. You
may review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on October 21, 2010.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-28080 Filed 11-4-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 112 (Tuesday, June 11, 2019)]
[Notices]
[Pages 27126-27128]
[FR Doc No: 2019-12298]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket Nos. FDA-2017-E-6741 and FDA-2018-E-0046]

Determination of Regulatory Review Period for Purposes of Patent
Extension; BAXDELA IV INJECTION--NDA 208611

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or the Agency) has
determined the regulatory review period for BAXDELA IV INJECTION under
new drug application (NDA) 208611 and is publishing this notice of that
determination as required by law. FDA has made the determination
because of the submission of applications to the Director of the U.S.
Patent and Trademark Office (USPTO), Department of Commerce, for the
extension of a patent which claims that human drug product.

DATES: Anyone with knowledge that any of the dates as published (see
the SUPPLEMENTARY INFORMATION section) are incorrect may submit either
electronic or written comments and ask for a redetermination by August
12, 2019. Furthermore, any interested person may petition FDA for a
determination regarding whether the applicant for extension acted with
due diligence during the regulatory review period by December 9, 2019.
See ``Petitions'' in the SUPPLEMENTARY INFORMATION section for more
information.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before August 12, 2019. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of August 12, 2019. Comments
received by mail/hand delivery/courier (for written/paper submissions)
will be considered timely if they are postmarked or the delivery
service acceptance receipt is on or before that date.

Electronic Submissions

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

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket Nos.
FDA-2017-E-6741 and FDA-2018-E-0046 for ``Determination of Regulatory
Review Period for Purposes of Patent Extension; BAXDELA IV INJECTION.''
Received comments, those filed in a timely manner (see ADDRESSES), will
be placed in the docket and, except for those submitted as
``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9

a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with Sec.  10.20 (21 CFR 10.20) and
other applicable disclosure law. For more information about FDA's
posting of comments to public dockets, see 80 FR 56469, September 18,
2015, or access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Beverly Friedman, Office of Regulatory
Policy, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
51, Rm. 6250, Silver Spring, MD 20993,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Drug Price Competition and Patent Term Restoration Act of 1984
(Pub. L. 98-417) and the Generic Animal Drug and Patent Term
Restoration Act (Pub. L. 100-670) generally provide that a patent may
be extended for a period of up to 5 years so long as the patented item
(human drug product, animal drug product, medical device, food
additive, or color additive) was subject to regulatory review by FDA
before the item was marketed. Under these acts, a product's regulatory
review period forms the basis for determining the amount of extension
an applicant may receive.
    A regulatory review period consists of two periods of time: A
testing phase and an approval phase. For human drug products, the
testing phase begins when the exemption to permit the clinical
investigations of the drug becomes effective and runs until the
approval phase begins. The approval phase starts with the initial
submission of an application to market the human drug product and
continues until FDA grants permission to market the drug product.
Although only a portion of a regulatory review period may count toward
the actual amount of extension that the Director of USPTO may award
(for example, half the testing phase must be subtracted as well as any
time that may have occurred before the patent was issued), FDA's
determination of the length of a regulatory review period for a human
drug product will include all of the testing phase and approval phase
as specified in 35 U.S.C. 156(g)(1)(B).
    FDA has approved NDA 208611 for marketing the human drug product,
BAXDELA IV INJECTION (delafloxacin meglumine) indicated in adults for
the treatment of acute bacterial skin and skin structure infections
caused by designated susceptible bacteria. Subsequent to the approval,
the USPTO received patent term restoration applications for BAXDELA
(U.S. Patent Nos. 7,728,143 and 8,252,813) from Melinta Therapeutics,
Inc., and the USPTO requested FDA's assistance in determining the
patents' eligibility for patent term restoration. In a letter dated
February 2, 2018, FDA advised the USPTO that this human drug product
had undergone a regulatory review period and that the approvals of
BAXDELA TABLETS and BAXDELA IV INJECTION represent the first permitted
commercial marketing or use of the products. Thereafter, the USPTO
requested that FDA determine the products' regulatory review period.

II. Determination of Regulatory Review Period

    FDA has determined that the applicable regulatory review period for
BAXDELA IV INJECTION is 5,813 days. Of this time, 5,569 days occurred
during the testing phase of the regulatory review period, while 244
days occurred during the approval phase. These periods of time were
derived from the following dates:
    1. The date an exemption under section 505(i) of the Federal Food,
Drug, and Cosmetic Act (FD&C Act) (21 U.S.C. 355(i)) became effective:
July 22, 2001. Melinta claims that April 19, 2007, is the date an IND
application became effective for this product. However, FDA records
indicate that the IND effective date was July 22, 2001, which was 30
days after FDA receipt of Melinta's first IND for the active
ingredient.
    2. The date the application (NDA 208611) was initially submitted
with respect to the human drug product under section 505 of the FD&C
Act: October 19, 2016. FDA has verified the applicant's claim that the
NDA 208611 for BAXDELA IV INJECTION was submitted on October 19, 2016.
    3. The date the application was approved: June 19, 2017. FDA has
verified the applicant's claim that NDA 208611 was approved on June 19,
2017.
    This determination of the regulatory review period establishes the
maximum potential length of a patent extension. However, the USPTO
applies several statutory limitations in its calculations of the actual
period for patent extension. In its applications for patent extension,
this applicant seeks 1,307 or 1,001 days of patent term extension.

III. Petitions

    Anyone with knowledge that any of the dates as published are
incorrect may submit either electronic or written comments and, under
21 CFR 60.24, ask for a redetermination (see DATES). Furthermore, as
specified in Sec.  60.30 (21 CFR 60.30), any interested person may
petition FDA for a determination regarding whether the applicant for
extension acted with due diligence during the regulatory review period.
To meet its burden, the petition must comply with all the requirements
of Sec.  60.30, including but not limited to: Must be timely (see
DATES), must be filed in accordance with Sec.  10.20, must contain
sufficient facts to merit an FDA investigation, and must certify that a
true and complete copy of the petition has been served upon the patent
applicant. (See H. Rept. 857, part 1, 98th Cong., 2d sess., pp. 41-42,
1984.) Petitions should be in the format specified in 21 CFR 10.30.
    Submit petitions electronically to https://www.regulations.gov at
Docket No. FDA-2013-S-0610. Submit written petitions (two copies are
required) to the Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    Dated: June 6, 2019.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2019-12298 Filed 6-10-19; 8:45 am]
 BILLING CODE 4164-01-P


MEMORANDUM

TO:  Cement MACT Docket

FROM:  Steven Silverman, Attorney

RE:  Telephone Conversation with Tom Wood, Ash Grove Cement Counsel

	On March 9, I talked briefly with Tom Wood, outside counsel for Ash
Grove Cement regarding his letter of March 3, 2009 raising two potential
legal arguments:  that best performing sources could be classified on
the basis of best system removal efficiencies and well as lowest
emissions, and that uncontrolled sources could be placed in a different
category from sources with controls.  I indicated generally that we were
likely to solicit comment on most issues relating to subcategorization.

The march 9, 2009 letter is docketed as an attachment to the note of the
meetings between Ash Grove Cement and USEPA in February and March of
2009.