[Federal Register Volume 86, Number 177 (Thursday, September 16, 2021)]
[Notices]
[Pages 51662-51663]
[FR Doc No: 2021-20001]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project Nos. 2897-052, 2931-044, 2932-051, 2941-047, 2942-054, and
2984-123]

Sappi North America, Inc., Presumpscot Hydro LLC, Dichotomy Power
Maine LLC; Notice of Amended Application for Transfer of License and
Lease of Project Lands Accepted for Filing and Soliciting Comments,
Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Transfer of License and Lease of Project
Lands.
    b. Project Nos.: 2897-052, 2931-044, 2932-051, 2941-047, 2942-054,
and 2984-123.
    c. Date Filed: June 21, 2021.
    d. Applicants: Sappi North America, Inc. (transferor), Presumpscot
Hydro LLC (co-transferee), Dichotomy Power Maine LLC (co-transferee).
    e. Name of Projects: Saccarappa, Gambo, Mallison Falls, Little
Falls, Dundee, and Eel Weir.
    f. Location: The Saccarappa, Gambo, Mallison Falls, Little Falls,
Dundee and Eel Weir projects are located on the Presumpscot River, in
the Towns of Gorham and South Windham and the Westbrook and Standish
cities in Cumberland County, Maine.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contacts:
    For Transferor: Ms. Briana O'Regan, Assistant General Counsel,
Sappi North America, Inc., 179 John Roberts Road, South Portland, ME
04106, phone:<PHONE_NUMBER>, Email<EMAIL_ADDRESS>    For Transferor and Co-Transferee: Mr. Matthew D. Manahan, Counsel
for Sappi and Presumpscot Hydro, Pierce Atwood LLP, 254 Commercial St.,
Portland, ME 04101, phone:<PHONE_NUMBER>, Email:
<EMAIL_ADDRESS>    For Co-Transferee: Mr. Ian Clark, CEO, Dichotomy Power LLC, 1 Pepsi
Way, Suite 6n74, Katonah, NY 10536, phone:<PHONE_NUMBER>, Email:
<EMAIL_ADDRESS>    i. FERC Contact: Mrs. Anumzziatta Purchiaroni,<PHONE_NUMBER> or
<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, and protests
is 30 days from the issuance of this notice by the Commission. The
Commission strongly encourages electronic filing. Please file comments,
motions to intervene, and protests using the Commission's eFiling
system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>(866) 208-3676 (toll free), or
(202) 502-8659 (TTY). 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. The first page of any filing should
include docket number P-2897-052, P-2931-044, P-2932-051, P-2941-047,
P-2942-054, and P-2984-123. Comments emailed to Commission staff are
not considered part of the Commission record.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person on the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a resource agency, they must also serve a copy of
the document on that resource agency.
    k. Description of Transfer and Lease of Project Lands Request: In
the original application filed on October 20, 2020, the applicants
requested that the Commission approve the transfer of the following
projects from Sappi North America, Inc. (Sappi) to Presumpscot Hydro
LLC (Presumpscot) as the sole transferee: Saccarappa Project No. 2897,
Gambo Project No. 2931, Mallison Falls Project No. 2932, Little Falls
Project No. 2941, Dundee Project No. 2942, and Eel Weir Project No.
2984-123. The Commission issued notice of the application on January
26, 2021. On June 21, 2021, the applicants submitted an amendment to
the original application, to add Dichotomy Power Maine LLC (Dichotomy)
as a co-transferee. Presumpscot remains a co-transferee. Because the
amendment modifies the proposal in the original application, the
Commission is issuing notice of the amended application.
    l. 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 TTY,
(202) 502-8659.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.

    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the application.
    o. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title ``COMMENTS'', ``PROTEST'', or ``MOTION TO
INTERVENE'' as applicable; (2) set forth in the heading the name of the
applicant and the project number(s) of the application to which the
filing responds; (3) furnish the name, address, and telephone number of
the person protesting or intervening; and (4) otherwise comply with the
requirements of 18 CFR 385.2001 through 385.2005. All comments, motions
to intervene, or protests must set forth their evidentiary basis. A
copy of all other filings in reference to this application must be
accompanied by proof of service on all persons listed in the service
list prepared by the Commission in this proceeding, in accordance with
18 CFR 385.2010.

    Dated: September 10, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-20001 Filed 9-15-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 174 (Monday, September 9, 2019)]
[Rules and Regulations]
[Pages 47120-47121]
[FR Doc No: 2019-18977]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 31269; Amdt. No. 3867]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This rule establishes, amends, suspends, or removes Standard
Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums
and Obstacle Departure Procedures (ODPs) for operations at certain
airports. These regulatory actions are needed because of the adoption
of new or revised criteria, or because of changes occurring in the
National Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective September 9, 2019. The compliance date
for each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of September 9, 2019.

ADDRESSES: Availability of matters incorporated by reference in the
amendment is as follows:

For Examination

    1. U.S. Department of Transportation, Docket Ops-M30, 1200 New
Jersey Avenue SE, West Bldg., Ground Floor, Washington, DC 20590-0001.
    2. The FAA Air Traffic Organization Service Area in which the
affected airport is located;
    3. The office of Aeronautical Navigation Products, 6500 South
MacArthur Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free
of charge. Visit the National Flight Data Center at nfdc.faa.gov to
register. Additionally, individual SIAP and Takeoff Minimums and ODP
copies may be obtained from the FAA Air Traffic Organization Service
Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT: Thomas J. Nichols, Flight Procedures
and Airspace Group, Flight Technologies and Procedures Division, Flight
Standards Service, Federal Aviation Administration. Mailing Address:
FAA Mike Monroney Aeronautical Center, Flight Procedures and Airspace
Group, 6500 South MacArthur Blvd., Registry Bldg. 29, Room 104,
Oklahoma City, OK 73169. Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14 of the Code of
Federal Regulations, Part 97 (14 CFR part 97), by establishing,
amending, suspending, or removes SIAPS, Takeoff Minimums and/or ODPS.
The complete regulatory description of each SIAP and its associated
Takeoff Minimums or ODP for an identified airport is listed on FAA form
documents which are incorporated by reference in this amendment under 5
U.S.C. 552(a), 1 CFR part 51, and 14 CFR part 97.20. The applicable FAA
forms are FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A, and 8260-15B when
required by an entry on 8260-15A.
    The large number of SIAPs, Takeoff Minimums and ODPs, their complex
nature, and the need for a special format make publication in the
Federal Register expensive and impractical. Further, airmen do not use
the regulatory text of the SIAPs, Takeoff Minimums or ODPs, but instead
refer to their graphic depiction on charts printed by publishers of
aeronautical materials. Thus, the advantages of incorporation by
reference are realized and publication of the complete description of
each SIAP, Takeoff Minimums and ODP listed on FAA form documents is
unnecessary. This amendment provides the affected CFR sections and
specifies the types of SIAPs, Takeoff Minimums and ODPs with their
applicable effective dates. This amendment also identifies the airport
and its location, the procedure, and the amendment number.

Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as
listed in the ADDRESSES section.
    The material incorporated by reference describes SIAPS, Takeoff
Minimums and/or ODPS as identified in the amendatory language for part
97 of this final rule.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP, Takeoff Minimums and ODP as Amended in the
transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments
may have been issued previously by the FAA in a Flight Data Center
(FDC) Notice to Airmen (NOTAM) as an emergency action of immediate
flight safety relating directly to published aeronautical charts.
    The circumstances that created the need for some SIAP and Takeoff
Minimums and ODP amendments may require making them effective in less
than 30 days. For the remaining SIAPs and Takeoff Minimums and ODPs, an
effective date at least 30 days after publication is provided.
    Further, the SIAPs and Takeoff Minimums and ODPs contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these SIAPs and
Takeoff Minimums and ODPs, the TERPS criteria were applied to the
conditions existing or anticipated at the affected airports. Because of
the close and immediate relationship between these SIAPs, Takeoff
Minimums and ODPs, and safety in air commerce, I find that notice and
public procedure under 5 U.S.C. 553(b) are impracticable and contrary
to the public interest and, where applicable, under 5 U.S.C 553(d),
good cause exists for making some SIAPs effective in less than 30 days.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference,
Navigation (Air).

    Issued in Washington, DC, on August 23, 2019.
Rick Domingo,
Executive Director, Flight Standards Service.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,
Code of Federal Regulations, Part 97 (14 CFR part 97) is amended by
establishing, amending, suspending, or removing Standard Instrument
Approach Procedures and/or Takeoff Minimums and Obstacle Departure
Procedures effective at 0901 UTC on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40103, 40106, 40113, 40114,
40120, 44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

Effective 10 October 2019

Anchorage, AK, Ted Stevens Anchorage Intl, ILS RWY 15, Amdt 7
Anchorage, AK, Ted Stevens Anchorage Intl, ILS OR LOC RWY 7L, ILS
RWY 7L (SA CAT I), ILS RWY 7L (SA CAT II), Amdt 4
Anchorage, AK, Ted Stevens Anchorage Intl, ILS OR LOC RWY 7R, ILS
RWY 7R (SA CAT I), ILS RWY 7R (CAT II), ILS RWY 7R (CAT III), Amdt 4
Anchorage, AK, Ted Stevens Anchorage Intl, RNAV (GPS) RWY 7L, Amdt 3
Anchorage, AK, Ted Stevens Anchorage Intl, RNAV (GPS) RWY 15, Amdt 3
Anchorage, AK, Ted Stevens Anchorage Intl, RNAV (GPS) Y RWY 7R, Amdt
5
Anchorage, AK, Ted Stevens Anchorage Intl, Takeoff Minimums and
Obstacle DP, Amdt 8
Eek, AK, Eek, RNAV (GPS) RWY 18, Amdt 1
Eek, AK, Eek, RNAV (GPS) RWY 36, Amdt 1
Eek, AK, Eek, Takeoff Minimums and Obstacle DP, Amdt 1
Shungnak, AK, Shungnak, RNAV (GPS) RWY 10, Amdt 3
Shungnak, AK, Shungnak, RNAV (GPS) RWY 28, Amdt 3
Shungnak, AK, Shungnak, Takeoff Minimums and Obstacle DP, Amdt 1
Fort Huachuca Sierra Vista, AZ, Sierra Vista Muni-Libby AAF, ILS OR
LOC RWY 26, Amdt 4C
Fort Huachuca Sierra Vista, AZ, Sierra Vista Muni-Libby AAF, RADAR-
1, Orig-B
Fort Huachuca Sierra Vista, AZ, Sierra Vista Muni-Libby AAF, RNAV
(GPS) RWY 8, Amdt 1D
Fort Huachuca Sierra Vista, AZ, Sierra Vista Muni-Libby AAF, RNAV
(GPS) RWY 26, Orig-A
Napa, CA, Napa County, ILS OR LOC Z RWY 1L, Amdt 1
Napa, CA, Napa County, LOC Y RWY 36L, Orig, CANCELLED
Napa, CA, Napa County, RNAV (GPS) RWY 6, Amdt 1
Napa, CA, Napa County, RNAV (GPS) X RWY 36L, Orig, CANCELLED
Napa, CA, Napa County, RNAV (GPS) Y RWY 1L, Amdt 3
Napa, CA, Napa County, VOR RWY 6, Amdt 14
Pohnpei Island, F.S.M., FM, Pohnpei International, NDB/DME RWY 9,
Amdt 4A, CANCELLED
Pohnpei Island, F.S.M., FM, Pohnpei International, NDB OR GPS-B,
Amdt 3A, CANCELLED
Pohnpei Island, F.S.M., FM, Pohnpei International, NDB OR GPS-C,
Amdt 3A, CANCELLED
Scott City, KS, Scott City Muni, RNAV (GPS) RWY 35, Orig-A
Bardstown, KY, Samuels Field, RNAV (GPS) RWY 3, Amdt 1A
Bardstown, KY, Samuels Field, RNAV (GPS) RWY 21, Amdt 1A
New Iberia, LA, Acadiana Rgnl, ILS OR LOC RWY 35, Amdt 2
Detroit, MI, Detroit Metropolitan Wayne County, ILS PRM Y RWY 4L
(CLOSE PARALLEL), Amdt 1B
Detroit, MI, Detroit Metropolitan Wayne County, ILS Y RWY 4L, Amdt
1B
Detroit, MI, Detroit Metropolitan Wayne County, ILS Z OR LOC RWY 4L,
ILS Z RWY 4L (CAT II), ILS Z RWY 4L (CAT III), Amdt 4B
Detroit, MI, Detroit Metropolitan Wayne County, RNAV (GPS) PRM Y RWY
4L (CLOSE PARALLEL), Orig-A
Detroit, MI, Detroit Metropolitan Wayne County, RNAV (GPS) Y RWY 4L,
Orig-A
Detroit, MI, Detroit Metropolitan Wayne County, RNAV (GPS) Z RWY 4L,
Orig-B
Detroit, MI, Detroit Metropolitan Wayne County, RNAV (RNP) U RWY 4L,
Orig-A
Detroit, MI, Detroit Metropolitan Wayne County, RNAV (RNP) X RWY 4L,
Orig-A
Mesquite, NV, Mesquite, RNAV (GPS) RWY 2, Amdt 1
Mesquite, NV, Mesquite, RNAV (GPS) Y RWY 2, Orig, CANCELLED
Hamilton, NY, Hamilton Muni, Takeoff Minimums and Obstacle DP, Amdt
3
Athens, TX, Athens Muni, RNAV (GPS) RWY 18, Amdt 1
Athens, TX, Athens Muni, RNAV (GPS) RWY 36, Amdt 1
Athens, TX, Athens Muni, Takeoff Minimums and Obstacle DP, Orig-A
Charleston, WV, Yeager, Takeoff Minimums and Obstacle DP, Amdt 10
Milton, WV, Ona Airpark, VOR-A, Amdt 3

    RESCINDED: On August 14, 2019 (84 FR 40234), the FAA published
an Amendment in Docket No. 31265, Amdt No. 3863, to Part 97 of the
Federal Aviation Regulations under section 97.29. The following
entry for Norfolk, VA, effective October 10, 2019, is hereby
rescinded in its entirety:

Norfolk, VA, Hampton Roads Executive, ILS OR LOC RWY 10, Orig

[FR Doc. 2019-18977 Filed 9-6-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 110 (Friday, June 9, 2017)]
[Rules and Regulations]
[Pages 26745-26746]
[FR Doc No: 2017-11952]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-0393]

Drawbridge Operation Regulation; Hackensack River, Jersey City,
New Jersey

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the PATH Bridge across the Hackensack
River, mile 3.0, at Jersey City, New Jersey. This temporary deviation
is necessary to allow the bridge to remain in the closed-to-navigation
position to facilitate the replacement of rails and timbers across the
length of the span of the bridge.

DATES: This deviation is effective from 12:01 a.m. on June 10, 2017 to
11:59 p.m. on December 3, 2017.

ADDRESSES: The docket for this deviation, USCG-2017-0393 is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH''. Click on Open Docket Folder on the line
associated with this deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Judy Leung-Yee, Project Officer,
First Coast Guard District, telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Port Authority Trans-Hudson Corporation,
the owner of the bridge, requested a temporary deviation from the
normal operating schedule to facilitate the replacement of rails and
timbers across

the length of the span of the bridge. The PATH Bridge across the
Hackensack River, mile 3.0, has a vertical clearance in the closed
position of 40 feet at mean high water and 45 feet at mean low water.
The existing bridge operating regulations are found at 33 CFR
117.723(b).
    Under this temporary deviation, the PATH Bridge shall remain in the
closed position between 12:01 a.m. Saturday and 11:59 p.m. Sunday as
follows:
    June 10-11, 24 -25; July 1-2, 8-9, 15-16, 29-30; August 26-27;
September 16-17; October 7-8, 14-15, 28-29; November 4-5, 11-12, 18-19;
December 2-3, 2017. Additionally, the PATH Bridge shall remain in the
closed position between 12:01 a.m. and 11:59 p.m. on the following
Saturdays: June 17, August 5, 19; and October 21, 2017.
    The waterway is transited by commercial and recreational traffic.
The Coast Guard notified known companies of the commercial vessels that
transit the area, including the Sandy Hook Pilots and the local Tug/Tow
Committee; there were no objections to this temporary deviation
modification. Vessels able to pass under the bridge in the closed
position may do so at anytime. The bridge will not be able to open for
emergencies and there is no immediate alternate route for vessels to
pass.
    The Coast Guard will inform the users of the waterways through our
Local Notice and Broadcast to Mariners of the change in operating
schedule for the bridge so that vessel operations can arrange their
transits to minimize any impact caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: June 5, 2017.
C.J. Bisignano,
Supervisory Bridge Management Specialist, First Coast Guard District.
[FR Doc. 2017-11952 Filed 6-8-17; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 82, Number 124 (Thursday, June 29, 2017)]
[Rules and Regulations]
[Pages 29398-29400]
[FR Doc No: 2017-13652]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2017-0321]
RIN 1625-AA00

Safety Zone: San Francisco Independence Day Fireworks Display,
San Francisco Bay, San Francisco, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary safety zones in the
navigable waters of the San Francisco Bay near Aquatic Park in support
of the San Francisco Fourth of July Fireworks Display on July 4, 2017.
These safety zones are established to ensure the safety of participants
and spectators from the dangers associated with pyrotechnics.
Unauthorized persons or vessels are prohibited from entering into,
transiting through, or remaining in the safety zones without permission
of the Captain of the Port or their designated representative.

DATES: This rule is effective on from July 3 to July 4, 2017. This rule
will be enforced from 9 a.m. on July 3, 2017 through 10:30 p.m. on July
4, 2017.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2017-0321. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Junior Grade Christina Ramirez, U.S. Coast
Guard Sector San Francisco; telephone<PHONE_NUMBER> or email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Acronyms

    COTP U.S. Coast Guard Captain on the Port
    DHS Department of Homeland Security
    FR Federal Register
    NPRM Notice of Proposed Rule Making
    PATCOM U.S. Coast Guard Patrol Commander
    APA Administrative Procedure Act
    NOAA National Oceanic and Atmospheric Administration
    U.S.C. United States Code

II. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.''
    We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a NPRM. Publishing an NPRM would be
impractical because it must be in place by the date of the event, July
3, 2017.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. For these same reasons, the Coast
Guard finds good cause for implementing this rule less than thirty days
before the effective date.

III. Legal Authority and Need for Rule

    The legal basis for the proposed rule is 33 U.S.C 1231; 50 U.S.C.
191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Department of Homeland
Security Delegation No. 0170.1, which collectively authorize the Coast
Guard to establish safety zones.
    San Francisco Travel Association will sponsor the San Francisco
Independence Day Fireworks Display on July 4, 2017, near Aquatic Park
in San Francisco, CA in approximate positions 37[deg]48'49'' N.,
122[deg]24'46' W. and 37[deg]48'45'' N., 122[deg]25'39'' W. (NAD83) as
depicted in National Oceanic and Atmospheric Administration (NOAA)
Chart 18650.
    Loading of the pyrotechnics onto the fireworks barges is scheduled
to take place from 9 a.m. on July 3, 2017 until 5 p.m. on July 4, 2017,
at Pier 50 in San Francisco, CA. The fireworks barges will remain at
Pier 50 until their transit to the respective display locations. Towing
of the barges from Pier 50 to the display locations is scheduled to
take place from 7:30 p.m. until 8:15 p.m. on July 4, 2017 where they
will remain until the conclusion of the fireworks display.

IV. Discussion of the Rule

    The Coast Guard will enforce the San Francisco Independence Day
Fireworks Display safety zones from 9 a.m. on July 3, 2017 through
10:30 p.m. on July 4, 2017.
    These safety zones establish temporary restricted areas on the
navigable waters within 100 feet of the fireworks barges during the
loading, transit, and arrival of the pyrotechnics from the loading site
to the display launch locations and until 15 minutes prior to the
commencement of the fireworks display. 15 minutes prior to the
commencement of the fireworks display, the safety zones will increase
in size and encompass the navigable waters around the fireworks barges
within a radius of 700 feet. The fireworks display is meant for
entertainment purposes. These restricted areas around the fireworks
barges are necessary to protect spectators, vessels, and other property
from the hazards associated with pyrotechnics.
    During the loading, transit, and until 15 minutes prior to the
start of the fireworks display, the safety zones apply to the navigable
waters around and under the fireworks barges within a radius of 100
feet. At 9:15 p.m. on July 4, 2017, 15 minutes prior to the
commencement of the 30-minute fireworks display, the safety zones will
increase in size and encompass the

navigable waters around and under the fireworks barges within a radius
of 700 feet and will be located off of Pier 39 in approximate position
37[deg]48'49'' N., 122[deg]24'46'' W. (NAD 83) and off Black Point in
approximate position 37[deg]48'45'' N., 122[deg]25'39'' W. (NAD 83) for
the San Francisco Independence Day Fireworks Display. The safety zones
shall terminate at 10:30 p.m. on July 4, 2017.
    The effect of the temporary safety zones will be to restrict
navigation in the vicinity of the launch sites until the conclusion of
the scheduled display. Except for persons or vessels authorized by the
Coast Guard Patrol Commander, no person or vessel may enter or remain
in the restricted areas. These regulations are needed to keep
spectators and vessels away from the immediate vicinity of the launch
sites to ensure the safety of participants, spectators, and transiting
vessels.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.

A. Regulatory Planning and Review

    E.O.s 12866 (``Regulatory Planning and Review'') and 13563
(``Improving Regulation and Regulatory Review'') direct agencies to
assess the costs and benefits of available regulatory alternatives and,
if regulation is necessary, to select regulatory approaches that
maximize net benefits including potential economic, environmental,
public health and safety effects, distributive impacts, and equity.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. Executive Order 13771 (``Reducing Regulation and
Controlling Regulatory Costs''), directs agencies to reduce regulation
and control regulatory costs and provides that ``for every one new
regulation issued, at least two prior regulations be identified for
elimination, and that the cost of planned regulations be prudently
managed and controlled through a budgeting process.''
    The Office of Management and Budget (OMB) has not designated this
rule a significant regulatory action under section 3(f) of Executive
Order 12866. Accordingly, the Office of Management and Budget (OMB) has
not reviewed it.
    As this rule is not a significant regulatory action, this rule is
exempt from the requirements of Executive Order 13771. See OMB's
Memorandum titled ``Interim Guidance Implementing Section 2 of the
Executive Order of January 30, 2017 titled `Reducing Regulation and
Controlling Regulatory Costs' '' (February 2, 2017).
    We expect the economic impact of this rule will not rise to the
level of necessitating a full Regulatory Evaluation. The safety zones
are limited in duration, and are limited to a narrowly tailored
geographic area. In addition, although this rule restricts access to
the waters encompassed by the safety zones, the effect of this rule
will not be significant because the local waterway users will be
notified via public Broadcast Notice to Mariners to ensure the safety
zones will result in minimum impact. The entities most likely to be
affected are waterfront facilities, commercial vessels, and pleasure
craft engaged in recreational activities.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    This rule may affect owners and operators of waterfront facilities,
commercial vessels, and pleasure craft engaged in recreational
activities and sightseeing. These safety zones would not have a
significant economic impact on a substantial number of small entities
for the following reasons. These safety zones would be activated, and
thus subject to enforcement, for a limited duration. When the safety
zones are activated, vessel traffic could pass safely around the safety
zones. The maritime public will be advised in advance of these safety
zones via Broadcast Notice to Mariners.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132. Also, this rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such expenditure, we do discuss the effects of this rule elsewhere in
this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves safety zones lasting in a limited duration that will
prohibit entry within 700 feet of the pyrotechnic launch locations. It
is categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. A Record of Environmental
Consideration for categorically excluded actions is available in the
docket where indicated under ADDRESSES. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C., 50 U.S.C. 191; 33 CFR
1.05-1, 6.04-1, 6.04-6, 160.5; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add Sec.  165.T11-850 to read as follows:

Sec.  165.T11-850  Safety Zone; San Francisco Independence Day
Fireworks Display, San Francisco Bay, San Francisco, CA.

    (a) Location. These temporary safety zones are established in the
navigable waters of the San Francisco Bay near Aquatic Park in San
Francisco, CA, as depicted in National Oceanic and Atmospheric
Administration (NOAA) Chart 18650. From 9 a.m. on July 3, 2017 until
9:15 p.m. on July 4, 2017, the temporary safety zones apply to the
nearest point of the fireworks barges within a radius of 100 feet
during the loading, transit, and arrival of the fireworks barges from
Pier 50 to the launch sites near Aquatic Park in approximate positions
37[deg]48'49'' N., 122[deg]24'46'' W. and 37[deg]48'45'' N.,
122[deg]25'39'' W. (NAD83). From 9:15 p.m. until 10:30 p.m. on July 4,
2017, the temporary safety zones will increase in size and encompass
the navigable waters around and under the fireworks barges in
approximate positions 37[deg]48'49'' N., 122[deg]24'46'' W. and
37[deg]48'45'' N., 122[deg]25'39'' W. (NAD83) within a radius of 700
feet.
    (b) Enforcement period. The zones described in paragraph (a) of
this section will be enforced from 9 a.m. on July 3, 2017 until 10:30
p.m. on July 4, 2017. The Captain of the Port of San Francisco (COTP)
will notify the maritime community of periods during which these zones
will be enforced via Broadcast Notice to Mariners in accordance with 33
CFR 165.7.
    (c) Definitions. As used in this section, ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer on a Coast Guard
vessel or a Federal, State, or local officer designated by or assisting
the COTP in the enforcement of the safety zones.
    (d) Regulations. (1) Under the general regulations in 33 CFR part
165, subpart C, entry into, transiting or anchoring within these safety
zones is prohibited unless authorized by the COTP or a designated
representative.
    (2) The safety zones are closed to all vessel traffic, except as
may be permitted by the COTP or a designated representative.
    (3) Vessel operators desiring to enter or operate within the safety
zones must contact the COTP or a designated representative to obtain
permission to do so. Vessel operators given permission to enter or
operate in the safety zones must comply with all directions given to
them by the COTP or a designated representative. Persons and vessels
may request permission to enter the safety zones on VHF-23A or through
the 24-hour Command Center at telephone<PHONE_NUMBER>.

    Dated: May 25, 2017.
Anthony J. Ceraolo,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2017-13652 Filed 6-28-17; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 87, Number 59 (Monday, March 28, 2022)]
[Proposed Rules]
[Pages 17209-17211]
[FR Doc No: 2022-06409]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0296; Project Identifier MCAI-2021-01064-E]
RIN 2120-AA64

Airworthiness Directives; Rolls-Royce Deutschland Ltd & Co KG
(Type Certificate Previously Held by Rolls-Royce plc) Turbofan Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2021-15-01, which applies to all Rolls-Royce Deutschland Ltd & Co KG
(RRD) Trent XWB-75, Trent XWB-79, Trent XWB-79B, Trent XWB-84, and
Trent XWB-97 model turbofan engines. AD 2021-15-01 requires revisions
to the airworthiness limitations section (ALS) of the Rolls-Royce (RR)
Trent XWB time limits manual (TLM) and the operator's existing approved
aircraft maintenance program (AMP). Since the FAA issued AD 2021-15-01,
the manufacturer has revised the TLM life limits and updated mandatory
inspection intervals of certain critical rotating parts. This proposed
AD would require revisions to the ALS of the RR Trent XWB TLM and the
operator's existing approved AMP, as specified in a European Union
Aviation Safety Agency (EASA) AD, which is proposed for incorporation
by reference (IBR). The FAA is proposing this AD to address the unsafe
condition on these products.

DATES: The FAA must receive comments on this proposed AD by May 12,
2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://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 material that is proposed for IBR in this AD, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999
000; email: [email protected]. You may find this material on the EASA
website at https://ad.easa.europa.eu. You may view this material at the
FAA, Airworthiness Products Section, Operational Safety Branch, 1200
District Avenue, Burlington, MA 01803. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. It is
also available at https://www.regulations.gov by searching for and
locating Docket No. FAA-2022-0296. For the material identified in this
AD that is not incorporated by reference, contact Rolls-Royce plc,
Corporate Communications, P.O. Box 31, Derby, DE24 8BJ, United Kingdom;
phone: +44 (0)1332 242424; fax: +44 (0)1332 249936; website: https://www.rolls-royce.com/contact-us.aspx.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0296; 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 NPRM, the EASA AD,
any comments received, and other information. The street address for
Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Nicholas Paine, Aviation Safety
Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803;
phone:<PHONE_NUMBER>; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-0296; Project Identifier
MCAI-2021-01064-E'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact we receive about this proposed AD.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Nicholas Paine, Aviation Safety Engineer, ECO Branch, FAA, 1200
District Avenue, Burlington, MA 01803. Any commentary that the FAA
receives which is not specifically designated as CBI will be placed in
the public docket for this rulemaking.

Background

    The FAA issued AD 2021-15-01, Amendment 39-21648 (86 FR 36487, July
12, 2021) (AD 2021-15-01), for all RRD Trent XWB-75, Trent XWB-79,
Trent XWB-79B, Trent XWB-84, and Trent XWB-97 model turbofan engines.
AD 2021-15-01 was prompted by the manufacturer revising the TLM to
incorporate repairs to the low-pressure compressor (LPC) blades and
introduce a new fan blade inspection. AD 2021-15-01 requires revisions
to the ALS of the RR Trent XWB TLM and the operator's existing approved
AMP. The agency issued AD 2021-15-01 to prevent the failure of critical
rotating parts.

Actions Since AD 2021-15-01 Was Issued

    Since the FAA issued AD 2021-15-10, EASA, which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2021-0217, dated September 23, 2021 (EASA AD 2021-0217), to address an
unsafe condition for all RRD Trent XWB-75, Trent XWB-79, Trent XWB-79B,
Trent XWB-84, and Trent XWB-97 model turbofan engines.
    This proposed AD was prompted by the manufacturer revising the TLM
to introduce new instructions for repairs to the LPC blades and fan
blade inspections. The FAA is proposing this AD to prevent the failure
of critical rotating parts. This condition, if not addressed, could
result in failure of one

or more engines, loss of thrust control, and loss of the airplane. See
EASA AD 2021-0217 for additional background information.

FAA's Determination

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the EASA
AD. The FAA is issuing this AD after determining that the unsafe
condition described previously is likely to exist or develop in other
products of the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASA AD 2021-0217. EASA AD 2021-0217 describes
actions for the incorporation of revised life limits and updated
mandatory inspection intervals of certain critical rotating parts into
the ALS of the RR Trent XWB TLM, as applicable to each engine model,
and the operator's existing approved AMP. 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
ADDRESSES.

Other Related Service Information

    The FAA reviewed Rolls-Royce Airworthiness Limitations (Mandatory
parts lives), TRENTXWB-A-05-10-01-00A01-030A-D, Revision 016, dated May
1, 2021, of the Rolls-Royce Trent XWB TLM TRENTXWB-K0680-TIME0-01;
Rolls-Royce Airworthiness Limitations (Mandatory Parts Lives),
TRENTXWB-B-05-10-01-00A01-030A-D, Revision 003, dated April 19, 2021,
of the Rolls-Royce Trent XWB TLM TRENTXWB-K0680-TIME0-01; Rolls-Royce
Airworthiness Limitations (Mandatory inspections), TRENTXWB-A-05-20-01-
00A01-030A-D, Revision 015, dated May 1, 2021, of the Rolls-Royce Trent
XWB TLM TRENTXWB-K0680-TIME0-01; and Rolls-Royce Airworthiness
Limitations (Mandatory inspections), TRENTXWB-B-05-20-01-00A01-030A-D,
Revision 008, dated April 19, 2021, of the Rolls-Royce Trent XWB TLM
TRENTXWB-K0680-TIME0-01. These sections of the TLM specify inspection
intervals and life limits, differentiated by engine model, for critical
rotating parts.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in EASA AD 2021-0217, described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this proposed AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has since
coordinated with other manufacturers and CAAs to use this process. As a
result, the FAA proposes to incorporate by reference EASA AD 2021-0217
in the FAA final rule. Service information required by the EASA AD for
compliance will be available at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0296 after the FAA final
rule is published.

Differences Between This Proposed AD and the EASA AD

Definitions

    Where EASA AD 2021-0217 defines the AMP as the approved Aircraft
Maintenance Programme on the basis of which the operator or the owner
ensures the continuing airworthiness of each operated engine, this
proposed AD defines the AMP as the Aircraft Maintenance Program on the
basis of which the operator or the owner ensures the continuing
airworthiness of each operated airplane.

Compliance

    Where EASA AD 2021-0217 requires revising the approved AMP within
12 months after the effective date of EASA AD 2021-0217, this proposed
AD requires revising the approved AMP and ALS within 120 days after the
effective date of this AD.

Mandatory Inspections

    This proposed AD does not require compliance with paragraph (1),
Mandatory Inspections and Replacement of Life Limited Parts, of EASA AD
2021-0217.

Corrective Action(s)

    This proposed AD does not require compliance with paragraph (2),
Corrective Action(s), of EASA AD 2021-0217.

Credit

    This proposed AD does not require compliance with paragraph (4),
Credit, of EASA AD 2021-0217.

Recording AD Compliance

    This proposed AD does not require compliance with paragraph (5),
Recording AD Compliance, of EASA AD 2021-0217.

Remarks

    This proposed AD does not require compliance with the ``Remarks''
section of EASA AD 2021-0217.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 30 engines installed on airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this proposed
AD:

                                                 Estimated costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Revise the ALS of the RR Trent XWB TLM  1 work-hour x $85 per                 $0             $85          $2,550
 and the operator's existing approved    hour = $85.
 AMP.
----------------------------------------------------------------------------------------------------------------

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

    The FAA 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) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive 2021-15-01, Amendment 39-21648 (86
FR 36487, July 12, 2021); and
0
b. Adding the following new airworthiness directive:

Rolls-Royce Deutschland Ltd & Co KG (Type Certificate previously
held by Rolls-Royce plc): Docket No. FAA-2022-0296; Project
Identifier MCAI-2021-01064-E.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) action by May 12, 2022.

(b) Affected ADs

    This AD replaces AD 2021-15-01, Amendment 39-21648 (86 FR 36487,
July 12, 2021).

(c) Applicability

    This AD applies to Rolls-Royce Deutschland Ltd & Co KG Trent
XWB-75, Trent XWB-79, Trent XWB-79B, Trent XWB-84, and Trent XWB-97
model turbofan engines.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7200, Engine
Turbine/Turboprop.

(e) Unsafe Condition

    This AD was prompted by the manufacturer revising the time
limits manual (TLM) to incorporate revised life limits and updated
mandatory inspection intervals of certain critical rotating parts.
The FAA is issuing this AD to prevent the failure of critical
rotating parts. The unsafe condition, if not addressed, could result
in failure of one or more engines, loss of thrust control, and loss
of the airplane.

(f) Compliance

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

(g) Required Actions

    Except as specified in paragraph (h) of this AD: Perform all
required actions within the compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2021-0217.

(h) Exceptions to EASA AD 2021-0217

    (1) Where EASA AD 2021-0217 defines the AMP as the approved
Aircraft Maintenance Programme on the basis of which the operator or
the owner ensures the continuing airworthiness of each operated
engine, this AD defines the AMP as the Aircraft Maintenance Program
on the basis of which the operator or the owner ensures the
continuing airworthiness of each operated airplane.
    (2) Where EASA AD 2021-0217 requires revising the approved
aircraft maintenance program (AMP) within 12 months after the
effective date of EASA AD 2021-0217, this AD requires revising the
approved AMP and airworthiness limitations section (ALS) within 120
days after the effective date of this AD.
    (3) This AD does not require compliance with paragraph (1),
Mandatory Inspections and Replacement of Life Limited Parts, of EASA
AD 2021-0217.
    (4) This AD does not require compliance with paragraph (2),
Corrective Action(s), of EASA AD 2021-0217.
    (5) This AD does not require compliance with paragraph (4),
Credit, of EASA AD 2021-0217.
    (6) This AD does not require compliance with paragraph (5),
Recording AD Compliance, of EASA AD 2021-0217.
    (7) This AD does not require compliance with the ``Remarks''
section of EASA AD 2021-0217.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, ECO 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 local Flight Standards District Office, as
appropriate. If sending information directly to the manager of the
certification office, send it to the attention of the person
identified in paragraph (j)(2) of this AD and email to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(j) Related Information

    (1) For more information about EASA AD 2021-0217, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999
000; email: [email protected]. You may find this material on the
EASA website at https://ad.easa.europa.eu. You may view this
material at the FAA, Airworthiness Products Section, Operational
Safety Branch, 1200 District Avenue, Burlington, MA 01803. For
information on the availability of this material at the FAA, call
(817) 222-5110. This material may be found in the AD docket at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2022-0296.
    (2) For more information about this AD, contact Nicholas Paine,
Aviation Safety Engineer, ECO Branch, FAA, 1200 District Avenue,
Burlington, MA 01803; phone:<PHONE_NUMBER>; email:
[email protected].
    (3) For service information identified in this AD, contact
Rolls-Royce plc, Corporate Communications, P.O. Box 31, Derby, DE24
8BJ, United Kingdom; phone: +44 (0)1332 242424; fax: +44 (0)1332
249936; website: https://www.rolls-royce.com/contact-us.aspx. You
may view this referenced service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 1200
District Avenue, Burlington, MA 01803. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

    Issued on March 22, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-06409 Filed 3-25-22; 8:45 am]
BILLING CODE 4910-13-P


MEMORANDUM  SEQ CHAPTER \h \r 1

DATE:		December 17, 2014

TO:		Clean Power Plan for Existing Power Plants; Docket Id: OAR–2013-0602

FROM:		Lora Strine, EPA

SUBJECT:	December 17, 2014 Meeting Regarding Proposed Clean Power Plan for Existing Power Plants

SUMMARY

A meeting was held between EPA and the Nature Conservancy staff on December 17, 2014 to discuss the proposed Clean Power Plan for Existing Power Plants. The Clean Power Plan for Existing Power Plants was proposed on June 2, 2014.

ATTENDEES

The Nature Conservancy

Christy Plumer			Director of Federal Lands

Len Barson			Senior Policy Advisor

US EPA

Ellen Kurlansky 		Office of Air and Radiation

Matt Clouse			Office of Air and Radiation

Lora Strine			Office of Air and Radiation


[Federal Register Volume 88, Number 6 (Tuesday, January 10, 2023)]
[Notices]
[Page 1445]
[FR Doc No: 2023-00235]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Public Notice for Waiver of Aeronautical Land Use Assurance
Centennial Airport, Centennial, Colorado

AGENCY: Federal Aviation Administration, (FAA), DOT.

ACTION: Notice of request to waive aeronautical land use assurance.

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SUMMARY: The FAA proposes to rule and invite public comment on a
proposal from the Centennial Airport, Executive Director to change a
portion of the airport from aeronautical use to non-aeronautical use at
Centennial Airport, Englewood, Colorado. The proposal involves a parcel
of airport property on the Northeast side of the airfield.

DATES: Comments are due within 30 days of the date of the publication
of this notice in the Federal Register. Emailed comments can be
provided to Mr. Michael Matz, Project Manager/Compliance Specialist,
Denver Airports District Office, [email protected], (303) 342-
1251.

FOR FURTHER INFORMATION CONTACT: Mr. Michael Fronapfel, Executive
Director, Centennial Airport, 7565 South Peoria Street, Unit D9,
Englewood, CO 80112, [email protected],<PHONE_NUMBER>;
or Michael Matz, Project Manager/Compliance Specialist, Denver Airports
District Office, 26805 E 68th Ave., Suite 224, Denver, CO 80249,
[email protected],<PHONE_NUMBER>. Documents reflecting this FAA
action may be reviewed at the above locations.

SUPPLEMENTARY INFORMATION: The FAA invites public comment on the
request to change a portion of the airport from aeronautical use to
non-aeronautical use under the provisions of Title 49, U.S.C. 47153(c),
and 47107(h)(2). The proposal consists of 4.824 acres located on the
South side of Arapahoe Rd. near the intersection of S Peoria St. and
Arapahoe Rd. The land is currently identified as Aeronautical Use on
the Airport Layout Plan (ALP). This section of Parcel 26 is separated
from the majority of aeronautical property by the Family Sports Center
& Fire Station to the South, and a Golf Course to the West. The FAA
concurs that the parcel is no longer needed for airport purposes. The
proposed use of this property is compatible with existing airport
operations in accordance with FAA's Policy and Procedures Concerning
the Use of Airport Revenue, as published in the Federal Register on
February 16, 1999.

    Issued in Denver, Colorado, on January 4, 2023.
Marc Miller,
Acting Manager, Denver Airports District Office.
[FR Doc. 2023-00235 Filed 1-9-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 118 (Tuesday, June 19, 2012)]
[Proposed Rules]
[Pages 36443-36447]
[FR Doc No: 2012-14943]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2007-1034; FRL-9689-1]

Disapproval and Promulgation of Air Quality Implementation Plans;
State of Utah; Revisions To Open Burning Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to disapprove a State Implementation Plan
(SIP) revision submitted by the State of Utah on December 10, 1999.
This revision to R307-202 Emission Standards: General Burning
authorizes the State to extend the time period for open burning. EPA is
proposing to disapprove the submitted revision because it does not meet
the requirements of section 110(l) of the Clean Air Act (CAA). This
action is being taken under section 110 of the CAA.

DATES: Comments must be received on or before July 19, 2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2007-1034, by one of the following methods:
     http://www.regulations.gov. Follow the on-line
instructions for submitting comments.
     Email<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER> (please alert the individual listed in
the FOR FURTHER

INFORMATION CONTACT if you are faxing comments).
     Mail: Carl Daly, Director, Air Program, U.S. Environmental
Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street,
Denver, Colorado 80202-1129.
     Hand Delivery: Carl Daly, Director, Air Program, U.S.
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595
Wynkoop, Denver, Colorado 80202-1129. Such deliveries are only accepted
Monday through Friday, 8:00 a.m. to 4:30 p.m., excluding Federal
holidays. Special arrangements should be made for deliveries of boxed
information.
    Instructions: Direct your comments to Docket ID No. EPA-R08-OAR-
2007-1034. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online 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 http://www.regulations.gov or email. The http://www.regulations.gov Web site
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 email comment directly to EPA, without
going through http://www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional instructions on submitting
comments, go to Section I. General Information of the SUPPLEMENTARY
INFORMATION section of this document.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly-available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Air Program, U.S.
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595
Wynkoop, Denver, Colorado 80202-1129. EPA requests that if at all
possible, you contact the individual listed in the FOR FURTHER
INFORMATION CONTACT section to view the hard copy of the docket. You
may view the hard copy of the docket Monday through Friday, 8:00 a.m.
to 4:00 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Crystal Freeman, Air Program, U.S.
Environmental Protection Agency, Region 8, Mailcode 8P-AR, 1595
Wynkoop, Denver, Colorado 80202-1129,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Definitions

    For the purpose of this document, we are giving meaning to certain
words or initials as follows:
    (i) The initials AQS mean or refer to Air Quality System.
    (ii) The words or initials Act or CAA mean or refer to the Clean
Air Act, unless the context indicates otherwise.
    (iii) The words EPA, we, us or our mean or refer to the United
States Environmental Protection Agency.
    (iv) The initials NAAQS mean or refer to the National Ambient Air
Quality Standards.
    (v) The initials NOX mean or refer to nitrogen oxides.
    (vi) The initials PM2.5 mean or refer to particulate matter with an
aerodynamic diameter of less than 2.5 micrometers (fine particulate
matter).
    (vii) The initials PSD mean or refer to prevention of significant
deterioration.
    (viii) The initials SIP mean or refer to State Implementation Plan.
    (ix) The words Utah or State mean the State of Utah.

Table of Contents

I. General Information
II. Background
III. What is the State process to submit these materials to EPA?
IV. EPA's Review and Technical Information
V. Proposed Action
VI. Statutory and Executive Order Reviews

I. General Information

    1. Submitting CBI. Do not submit CBI to EPA through http://www.regulations.gov or email. 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:
    a. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
    b. 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.
    c. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    d. Describe any assumptions and provide any technical information
and/or data that you used.
    e. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    f. Provide specific examples to illustrate your concerns, and
suggest alternatives.
    g. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    h. Make sure to submit your comments by the comment period deadline
identified.

II. Background

    On December 10, 1999, the State of Utah submitted a SIP revision to
Rule R307-202 Emission Standards: General Burning. This rule contains
the following provisions: definitions and exclusions, community waste
disposal, general prohibitions, permissible burning--without permit,
permissible burning with permit, and special conditions.
    The proposed revision is found within the `permissible burning with
permit' in section R307-202-5(3)(e)(i). The revision extends the time
period during which open burning could be authorized. The current
burning period in the rule is from March 30 to May 30, the revision
would extend the beginning of the burning period to March 1. This would
allow an additional 30 days to the open burning period. The revision to

the rule is based on a request from the Washington County Mayors
Association to change the beginning date to accommodate areas of the
State that were dry enough to burn earlier in the year.

III. What is the State process to submit these materials to EPA?

    Section 110(k) of the CAA addresses EPA's rulemaking action on SIP
submissions by states. The CAA requires states to observe certain
procedural requirements in developing SIP revisions for submittal to
EPA. Section 110(a)(2) of the CAA requires that each SIP revision be
adopted after reasonable notice and public hearing. This must occur
prior to the revision being submitted by a state to EPA.
    The State of Utah's Department of Environmental Quality, Air
Quality Board held public hearings to amend Rule R307-202 Emission
Standards: General Burning on June 3, 1999, and also on June 30, 1999,
when the revision was adopted. On December 10, 1999, Utah submitted a
SIP revision to R307-202-5 to extend the burning period.
    EPA has reviewed the submittal from the State of Utah and has
determined that the State met the requirements for reasonable notice
and public hearing under section 110(a)(2) of the CAA. The SIP
submittal from Utah became complete by operation of law six months
after the submission date.

IV. EPA's Review and Technical Information

    EPA is proposing to disapprove Utah's SIP revision submitted on
December 10, 1999. Any submittal for a SIP revision must meet section
110(l) of the CAA. Section 110(l) of the Act states that EPA shall not
approve a revision of a plan if the revision would interfere with any
applicable requirement concerning attainment and reasonable further
progress (as defined in Section 171 of the CAA), or any other
applicable requirement of the Act. An analysis should have been
conducted by the State and included in the submittal showing what
effect the relaxation would have on emissions of criteria pollutants.
Since Utah did not provide a section 110(l) analysis, EPA lacks
sufficient information to determine whether the proposed SIP relaxation
would not interfere with any applicable requirement concerning
attainment and maintenance of the National Ambient Air Quality
Standards (NAAQS), Prevention of Significant Deterioration (PSD)
increment, or any other requirement of the Act.
    EPA reviewed data from the Air Quality System (AQS) Raw Data
Reports for PM2.5 violations in the entire State of Utah for
the month of March from 1999 to present. These reports can be found in
the docket as supporting and related materials. The PM2.5
24-hour NAAQS is 35 [mu]g/m\3\ for which the counties of Salt Lake,
Utah, Davis and parts of Box Elder, Weber, Tooele and Cache are
designated nonattainment (74 FR 58688, November 13, 2009). Based on our
review, Cache County, specifically the City of Logan, showed a total of
fifteen violations of the PM2.5 standard over the years:
2001, 2004, 2005, and 2007. The AQS site ID that showed the violations
in the years above was 49-005-0004. For the year 2001, the
PM2.5 violation was recorded on March 2 with a concentration
of 37.5 [mu]g/m\3\. In 2004 there were five violations on March 8, 9,
10, 12, and 13, with concentrations of 35.5 [mu]g/m\3\, 53.4 [mu]g/
m\3\, 52.9 [mu]g/m\3\, 41.9 [mu]g/m\3\, and 52.3 [mu]g/m\3\,
respectively. For the following year of 2005, there were seven
violations on the dates of March 1, 2, 4, 7, 8, 10, and 11, with
concentrations of 54.5 [mu]g/m\3\, 36.6 [mu]g/m\3\, 68.4 [mu]g/m\3\,
49.6 [mu]g/m\3\, 71.0 [mu]g/m\3\, 62.0 [mu]g/m\3\, and 44.6 [mu]g/m\3\,
respectively. The last year that this monitor showed violations was in
2007, on March 6 and 7, with concentrations of 46 [mu]g/m\3\ and 43
[mu]g/m\3\, respectively. In Salt Lake County, the North Salt Lake City
monitor also showed an exceedance in 2007, on March 6, with a
concentration of 38 [mu]g/m\3\. On March 30, 2010, there were ten
exceedances that occurred in four counties: Davis, Salt Lake, Utah, and
Tooele, which the State has flagged as exceptional events. The
Bountiful monitor in Davis County and the Tooele City monitor in Tooele
County recorded a concentration of 42 [mu]g/m\3\ and 57 [mu]g/m\3\,
respectively. Four monitors in Salt Lake County: Cottonwood, Magna,
Hawthorne, and Rose Park, showed concentrations of: 56 [mu]g/m\3\, 67
[mu]g/m\3\, 50 [mu]g/m\3\, and 65 [mu]g/m\3\, respectively.
Additionally, four monitors in Utah County: North Provo, Lindon,
Highland, and Spanish Fork, showed concentrations of 53 [mu]g/m\3\, 56
[mu]g/m\3\, 61 [mu]g/m\3\, and 48 [mu]g/m\3\, respectively.
    Based on our analysis of the AQS data above, EPA finds that the
relaxation of the open burning rule could contribute to further
degradation of air quality within the State of Utah and especially in
the PM2.5 nonattainment areas because violations of the
PM2.5 standard have been recorded during periods covered by
the proposed extension of the open burning period. In the absence of a
section 110(l) analysis or demonstration by the State of Utah showing
that extending the burning period would not cause a PM2.5
violation, EPA cannot determine that this revision would not interfere
with attainment and maintenance of the NAAQS. Therefore, EPA is
proposing to disapprove this revision to R307-202 Emission Standards:
General Burning.

V. Proposed Action

    EPA is proposing to disapprove the SIP revision to R307-202
Emission Standards: General Burning submitted by the State on December
10, 1999. Without a section 110(l) analysis or demonstration, EPA finds
that the revision relaxes the control on open burning and could
potentially interfere with the attainment and maintenance of the NAAQS.
EPA's review of the AQS data for Cache, Salt Lake, Davis, Utah, and
Tooele Counties have shown violations of the PM2.5 standard
during the proposed extension of the open burning period.

VI. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve or
disapprove state choices, depending on whether they meet the criteria
of the Clean Air Act. With this proposed action EPA is merely
disapproving a state law as not meeting Federal requirements, and is
not imposing additional requirements beyond those imposed by state law.

A. Executive Order 12866: Regulatory Planning and Review

    Because the proposed disapproval only applies to a date change for
Utah's General Burning window, this proposed action is not a
``significant regulatory action'' under the terms of Executive Order
12866 (58 FR 51735, October 4, 1993) and is therefore not subject to
review under Executive Orders 12866 and 13563 (76 FR 3821, January 21,
2011).

B. Paperwork Reduction Act

    This proposed action does not impose an information collection
burden under the provisions of the Paperwork Reduction Act, 44 U.S.C.
3501 et seq. Burden is defined at 5 CFR 1320.3(b). The proposed
disapproval only applies to a date change for Utah's General Burning
window.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare

a regulatory flexibility analysis of any rule subject to notice and
comment rulemaking requirements under the Administrative Procedure Act
or any other statute unless the agency certifies that the rule will not
have a significant economic impact on a substantial number of small
entities. Small entities include small businesses, small organizations,
and small governmental jurisdictions.
    For purposes of assessing the impacts of today's proposed rule on
small entities, small entity is defined as: (1) A small business as
defined by the Small Business Administration's (SBA) regulations at 13
CFR 121.201; (2) a small governmental jurisdiction that is a government
of a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
    After considering the economic impacts of today's proposed rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. In
determining whether a rule has a significant economic impact on a
substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, since the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the rule on small entities.'' 5 U.S.C. 603 and 604.
Thus, an agency may certify that a rule will not have a significant
economic impact on a substantial number of small entities if the rule
relieves regulatory burden, or otherwise has a positive economic effect
on all of the small entities subject to the rule.
    EPA's proposal consists of a proposed disapproval of Utah's General
Burning rule submission. The revision would extend the General Burning
window an extra month, which requires a CAA section 110(l) analysis to
show no relaxation of the rule. Since Utah did not submit a section
110(l) analysis for this revision EPA is proposing disapproval. The
proposed disapproval of the SIP, if finalized, merely disapproves the
state law as not meeting federal requirements and does not impose any
additional requirements.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate or significantly
or uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
    Under Title II of UMRA, EPA has determined that this proposed rule
does not contain a federal mandate that may result in expenditures that
exceed the inflation-adjusted UMRA threshold of $100 million by State,
local, or Tribal governments or the private sector in any one year. In
addition, this proposed rule does not contain a significant federal
intergovernmental mandate as described by section 203 of UMRA nor does
it contain any regulatory requirements that might significantly or
uniquely affect small governments.

E. Executive Order 13132: Federalism

    Federalism (64 FR 43255, August 10, 1999) revokes and replaces
Executive Orders 12612 (Federalism) and 12875 (Enhancing the
Intergovernmental Partnership). Executive Order 13132 requires EPA to
develop an accountable process to ensure ``meaningful and timely input
by State and local officials in the development of regulatory policies
that have federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.'' Under Executive Order 13132, EPA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the federal government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or EPA
consults with State and local officials early in the process of
developing the proposed regulation. EPA also may not issue a regulation
that has federalism implications and that preempts State law unless the
Agency consults with State and local officials early in the process of
developing the proposed regulation.
    This rule will not have substantial direct effects on the State, on
the relationship between the national government and the State, or on
the distribution of power and responsibilities among the various levels
of government, as specified in Executive Order 13132, because it merely
addresses the State not fully meeting its obligation under section
110(l) of the CAA. Thus, Executive Order 13132 does not apply to this
action. In the spirit of Executive Order 13132, and consistent with EPA
policy to promote communications between EPA and State and local
governments, EPA specifically solicits comment on this proposed rule
from State and local officials.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    Executive Order 13175, entitled Consultation and Coordination with
Indian Tribal Governments (65 FR 67249, November 9, 2000), requires EPA
to develop an accountable process to ensure ``meaningful and timely
input by tribal officials in the development of regulatory policies
that have tribal implications.'' This proposed rule does not have
tribal implications, as specified in Executive Order 13175. It will not
have substantial direct effects on tribal governments. Thus, Executive
Order 13175 does not apply to this rule.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    Executive Order 13045: Protection of Children from Environmental
Health Risks and Safety Risks (62 FR 19885, April 23, 1997), applies to
any rule that: (1) is determined to be economically significant as
defined under Executive Order 12866; and (2) concerns an environmental
health or safety risk that we have reason to believe may have a
disproportionate effect on children. EPA interprets EO 13045 as
applying only to those regulatory actions that concern health or safety
risks, such that the analysis required under section 5-501 of the EO
has the potential to influence the regulation. This action is not
subject to EO 13045 because it implements specific standards
established by Congress in statutes. However, to the extent this
proposed rule is disapproving a possible relaxation to Utah's General
Burning rule, it will have a beneficial effect on children's health by
not allowing additional air pollution.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28355
(May 22, 2001)), because it is not a significant regulatory action
under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12 of the National Technology Transfer and Advancement Act
(NTTAA) of 1995 requires federal agencies to evaluate existing
technical standards when developing a new

regulation. To comply with NTTAA, EPA must consider and use ``voluntary
consensus standards'' (VCS) if available and applicable when developing
programs and policies unless doing so would be inconsistent with
applicable law or otherwise impractical.
    The EPA believes that VCS are inapplicable to this action. Today's
action does not require the public to perform activities conducive to
the use of VCS.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994), establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    We have determined that this proposed rule, if finalized, will not
have disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it disapproves a
possible relaxation of Utah's rule where increases in emissions are
possible.
    In addition, this proposed action does not have tribal implications
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP being disapproved would not apply in Indian country
located in the state, and it would not impose substantial direct costs
on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by August 20, 2012. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2) of the
CAA.)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.

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

    Dated: June 6, 2012.
James B. Martin,
Regional Administrator, Region 8.
[FR Doc. 2012-14943 Filed 6-18-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 93 (Friday, May 13, 2011)]
[Notices]
[Pages 28127-28128]
[FR Doc No: 2011-11774]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2010-0162]

Petition for Waiver of Compliance

    In accordance with part 211 of title 49 of the Code of Federal
Regulations (CFR), this document provides the public notice that by a
document dated October 15, 2010, the Union Pacific Railroad Company
(UP), has petitioned the Federal Railroad Administration (FRA) for a
waiver of compliance from certain provisions of the Federal railroad
safety regulations contained at Title 49 Code of Federal Regulations
(CFR) part 231 (Safety Appliance Standards). FRA assigned the petition
Docket Number FRA-2010-0162.
    Specifically Sec.  231.24(b)(3) End platforms (3) Location. One (1)
on each end of car not more than eight (8) inches above center sill. UP
requests relief on cars where the dimensional requirements of eight
inches above the center sill are not in compliance and contend all
other measurements are in compliance within Plate ``U'' of Appendix D
of the Motive Power and Equipment Compliance Manual.
    UP stated twenty-one different car owners are affected by this
requirement with the potential of exceeding 18,000 cars that are
involved to correct the problem for cars constructed in 49 CFR 231.24.
UP contends that in order to correct the problem, many cars require
extensive modifications which are time consuming and labor intensive.
Additionally, UP stated that private car owners are concerned with
service delays associated with the necessary car modifications and
repairs. In addition, UP believes its review of safety and personal
injury records indicated no underlying safety issues that would prevent
the requested provided relief.
    UP states that other dimensional requirements for end platforms
cover other cars beyond 49 CFR 231.24(b)(3). UP respectfully restates
the waiver request to grant relief from the provisions of 49 CFR 231
Safety Appliance Standards with reference to end platforms be not more
than eight inches above the car center sill.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at http://www.regulations.gov and in person at the Department of Transportation's
Docket Operations Facility, 1200 New Jersey Ave., SE., W12-140,
Washington, DC 20590. The Docket Operations Facility is open from 9
a.m. to 5 p.m., Monday through Friday, except Federal holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:

     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Communications received by June 27, 2011 will be considered by FRA
before final action is taken. Comments received after that date will be
considered as far as practicable.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the comment,
if submitted on behalf of an association, business, labor union, etc.).
You may review DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (Volume 65, Number 70; Pages
19477-78) or online at http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on May 9, 2011.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory & Legislative Operations.
[FR Doc. 2011-11774 Filed 5-12-11; 8:45 am]
BILLING CODE 4910-06-P