[Federal Register Volume 76, Number 72 (Thursday, April 14, 2011)]
[Proposed Rules]
[Pages 20898-20900]
[FR Doc No: 2011-8972]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1167]

Proposed Airworthiness Directive Legal Interpretation

AGENCY: Federal Aviation Administration, DOT.

ACTION: Proposed airworthiness directive interpretation.

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SUMMARY: The Federal Aviation Administration is considering issuing a
legal interpretation on various provisions in the regulations
applicable to airworthiness directives. Comments from the public are
requested to assist the agency in developing the final legal
interpretation.

DATES: Comments must be received on or before May 16, 2011.

ADDRESSES: You may send comments identified by Docket Number FAA-2010-
1167 using any of the following methods:
    Federal eRulemaking Portal: Go to http://www.regulations.gov and
follow the online instructions for sending your comments
electronically.
    Mail: Send comments to Docket Operations, M-30; U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., Room W12-140, West
Building Ground Floor, Washington, DC 20590-0001.
    Hand Delivery or Courier: Bring comments to Docket Operations in
Room W12-140 of the West Building Ground Floor at 1200 New Jersey
Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
    Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: John King, Staff Attorney, Regulations
Division, Office of the Chief Counsel, Federal Aviation Administration,
800 Independence Avenue, SW., Washington, DC 20591; telephone: 202-267-
3073.

SUPPLEMENTARY INFORMATION:

The Request

    The Federal Aviation Administration's (FAA) Organization/Procedures
Working Group (WG) of the Airworthiness Directive Implementation
Aviation Rulemaking Committee (AD ARC) requested that the FAA provide a
legal interpretation of several provisions in 14 Code of Federal
Regulations (CFR) that would help resolve a number of issues that have
been debated within the WG. These issues partly result from certain
changes made in the plain language revision to CFR part 39 in 2002 (see
67 FR 48003, July 22, 2002).

Question 1--Continuing Obligation

    Some members of the WG question the extent of an aircraft
operator's continuing obligation to maintain an AD-mandated
configuration. They ask about two regulations:

Section 39.7 What is the legal effect of failing to comply with an
airworthiness directive?

    Anyone who operates a product that does not meet the
requirements of an applicable airworthiness directive is in
violation of this section.

Section 39.9 What if I operate an aircraft or use a product that does
not meet the requirements of an airworthiness directive?

    If the requirements of an airworthiness directive have not been
met, you violate Sec.  39.7 each time you operate the aircraft or
use the product.

    The majority WG opinion is that the language of Sec.  39.7, and its
predecessor Sec.  39.3, imposes an operational mandate that the
requirements of the AD be maintained for each operation occurring after
the actions required by the AD are accomplished. They conclude that
Sec.  39.9 expresses the well-established legal position that for
continuing operations of products that do not comply with an AD, each
flight is a separate violation.
    The minority WG opinion is that if the unsafe condition identified
in the AD was fixed at a moment in time, then Sec.  39.7 no longer
applies. The conclusion of the WG minority was that even if the product
was determined to be in a condition contrary to the requirements of the
AD at a later time, this change in configuration may be a violation of
CFR 43.13(b), but not Sec.  39.7.

Proposed Response 1--Continuing Obligation

    Section 39.9 notes the need for both initial action by the aircraft
operator and continued compliance by that aircraft operator with the AD
requirements. Section 39.9 was added to the final rule in 2002 as a
result of comments that the proposed version of the rule language
combined compliance and non-compliance issues in one heading (proposed
Sec.  39.5, final version is Sec.  39.7 of the 2002 rulemaking). The
final rule preamble stated that the agency added Sec.  39.9 ``to refer
to Sec.  39.7, which is the rule that operators will violate if they
fail to operate or use a product without complying with an AD that
applies to that product.''
    Section 39.9 explains the continuing obligation for aircraft
operators to maintain the AD-mandated configuration. Section 39.7
imposes an operational requirement. Because the AD imposes an
enforceable requirement to accomplish the mandated actions, the only
way to give Sec.  39.7 any meaning is to recognize that operators are
required to maintain the AD-mandated configuration. Once the AD
requirements are met an operator may only revert to normal maintenance
if that maintenance does not result in changing the AD-mandated
configuration.
    The objective of part 39 and ADs generally is not just to require
accomplishment of particular actions; it is to ensure that, when
products are operated, they are free of identified unsafe conditions.
Section 39.7 is the regulatory means by which the FAA prevents
reintroduction of unsafe conditions. In 1965 the FAA recognized that
maintenance may be the cause of some unsafe conditions: ``The
responsibilities placed on the FAA by the Federal Aviation Act justify
broadening the regulation [part 39] to make any unsafe condition,
whether resulting from maintenance, design, defect, or otherwise, the
proper subject of an AD.'' (Amendment 39-106; 30 FR 8826, July 14,
1965). Prior to Amendment 39-106 ADs could not be issued unless the
unsafe condition was related to a design feature. After Amendment 39-
106 ADs could be issued for unsafe conditions however and wherever
found. The FAA does not issue ADs as a substitute for enforcing
maintenance rules. If a maintenance process is directly related to an
unsafe condition, that maintenance action would be proper for an AD.
Particularly for unsafe conditions resulting from maintenance, it would
be self-defeating to interpret Sec.  39.7 as allowing reversion to the
same maintenance practices that caused or contributed to the unsafe
condition in the first place.

Question 2--Additional Actions

    Some members of the WG questioned the extent of an aircraft
operator's obligation to accomplish actions referenced in an AD beyond
those actions necessary to resolve the unsafe condition specifically
identified in an AD.
    The opinion of these WG members is that a reasonable interpretation
of the language in Sec.  39.11 directing action to ``resolve an unsafe
condition'' limits the FAA from requiring actions that do ``not relate
to correcting'' the identified unsafe condition. In other words, an AD
is limited to those tasks that resolve the unsafe condition, even if
other tasks are explicitly listed in the AD or in a referenced service
bulletin (SB). Even if Sec.  39.11 doesn't explicitly limit the types
of actions that the FAA may mandate in ADs, these members believe that
ADs are limited to imposing requirements that are both necessary and
``directly related'' to addressing an unsafe condition because that is
the sole purpose of ADs, as defined in part 39. The belief is that this
would allow an operator to comply with those actions that, in the
operator's opinion, correct the unsafe condition without having to
obtain an alternative means of compliance (AMOC) for other actions,
such as access and close-up procedures, that are ``not directly
related'' to addressing that identified unsafe condition.
    Other members of the WG have the opinion that Sec.  39.11 is merely
descriptive of the types of actions required by an AD; it neither
imposes obligations on the operator nor limits the FAA's authority in
issuing an AD. These members believe that, given the FAA's broad
regulatory authority, ADs may impose requirements that operators may
not consider necessary and ``directly related'' to resolving the unsafe
condition.

Proposed Response 2--Additional Actions

    The FAA points to the language contained in Sec.  39.11 that
answers the WG's second question.

Section 39.11 What actions do airworthiness directives require?

    Airworthiness directives specify inspections you must carry out,
conditions and limitations you must comply with, and any actions you
must take to resolve an unsafe condition.

    First Title 49, United States Code, Sec.  44701, establishes the
FAA's broad statutory authority to issue regulations in the interest of
aviation safety, and the issuance of an AD is an exercise of this
authority. While describing the types of actions required by ADs, Sec.
39.11 does not limit the broad authority established by the statute.
The requirements of the AD are imposed by the language of the AD
itself, and not by Sec.  39.11. Thus an AD may require more actions
than correcting the specific unsafe condition. An example would be an
AD requirement for certain continuing maintenance actions to prevent or
detect the unsafe condition in the future.
    In developing an AD, the FAA exercises its discretion in
determining what actions are to be required in the interest of aviation
safety. This discretion is limited only by the Administrative Procedure
Act's prohibition on rulemaking actions that are ``arbitrary and
capricious.'' Provided the actions required by an AD are reasonably
related to the purpose of resolving the unsafe condition, it is within
the FAA's discretion to mandate them. For example, service information
frequently includes instructions for accessing the area to be worked on
to address the unsafe condition. Because these access instructions are
reasonably related to addressing the unsafe condition, it is within the
FAA's discretion to mandate them.
    We understand that some members of the AD ARC believe that some ADs
are overly prescriptive with respect to mandated actions that they
believe are unnecessary to address the unsafe condition. As explained
previously, Sec.  39.11 does not address this concern. Rather, the
rulemaking process by which individual ADs are adopted provides the
public with an opportunity to identify and comment upon these concerns
with each AD. In addition,

each AD contains a provision allowing for approval of an AMOC, which
allows operators to obtain relief from requirements they consider
unnecessary or unduly burdensome.

Question 3--Use of the term ``Applicable''

    A WG member cited the use of the term ``applicable'' in a specific
AD, AD 2007-07-02 (72 FR 14400, March 28, 2007), which contains these
requirements:
    (f) Within 60 months after the effective date of this AD: Modify
the activation mechanism in the chemical oxygen generator of each
passenger service unit (PSU) by doing all the applicable actions
specified in the Accomplishment Instructions of the applicable service
bulletin specified in Table 1 of this AD. [Emphasis added.]
    The WG member asked for an explanation of the FAA's use of the word
``applicable'' in the two instances of its use in paragraph (f) of the
AD.

Proposed Response 3--Use of the Term ``Applicable''

    ``Applicable'' has the same meaning in both places in paragraph
(f). The second usage references Table 1 in the AD that identifies the
model(s) of airplanes to which each service bulletin applies. So the
``applicable service bulletin'' is the one that applies to each
corresponding airplane model, as indicated in the table in the AD.
Similarly, ``all the applicable actions'' specified in each applicable
service bulletin are those actions that are identified as applying to a
particular airplane. ``Applicable'' is a necessary qualifier in this
context for two reasons: (1) In many ADs, the referenced service
bulletins specify different actions for different airplane
configurations, typically identified as ``Group 1, Group 2,'' etc. (2)
In many ADs, the referenced service bulletins specify different actions
depending upon conditions found during accomplishment of previous steps
in the instructions, for example, if a crack is smaller than a
specified size, repair in accordance with the Structural Repair Manual;
if larger, repair in accordance with a method approved by the Aircraft
Certification Office. So ``applicable'' limits the AD's requirements to
only those that are specified in the service bulletin for the
configuration and conditions of the particular airplane. We intend for
the word ``applicable'' to limit the required actions to those that
apply to the particular airplane under the specific conditions found.
    The opinion that ``applicable'' in this context should be
interpreted to refer only to those actions in the service bulletin that
are necessary to address the unsafe condition, and that operators
should not be required to accomplish any other actions that they
determine are not necessary, is incorrect. Without the modifier
``applicable,'' the requirement to accomplish ``all actions specified
in the service bulletin'' would literally mandate accomplishing all
actions, whether or not applicable to the configuration and condition
of a particular airplane. The modifier ``applicable'' is necessary to
avoid this literal, but unintended and likely overly burdensome,
meaning.
    For example, in AD 2007-07-02 different actions are required
depending on the conditions found while accomplishing the modification.
The adjective, ``applicable,'' is necessary to limit the required
actions to those that are indicated for the conditions found. The
purpose of the phrase, ``by accomplishing all the applicable actions
specified,'' is to eliminate precisely the ambiguity that would be
introduced by the WG members' question. The operator is required to
accomplish ``all'' the actions that are ``applicable'' to the affected
airplane, without allowing discretion to determine which ones are, in
the operator's opinion, ``necessary'' to address the unsafe condition.

Question 4--Impossibility

    A member of the AD ARC questions whether an AD needs to
specifically address ``impossibilities'' (for example, an AD requiring
an action that is not possible for the specific aircraft to which the
AD applies, such as modifying parts that have been removed during an
earlier alteration).

Proposed Response 4--Impossibility

    The FAA points to the language of Sec. Sec.  39.15 and 39.17 that
answers the fourth question.

Section 39.15 Does an airworthiness directive apply if the product has
been changed?

    Yes, an airworthiness directive applies to each product
identified in the airworthiness directive, even if an individual
product has been changed by modifying, altering, or repairing it in
the area addressed by the airworthiness directive.

Section 39.17 What must I do if a change in a product affects my
ability to accomplish the actions required in an airworthiness
directive?

    If a change in a product affects your ability to accomplish the
actions required by the airworthiness directive in any way, you must
request FAA approval of an alternative method of compliance. Unless
you can show the change eliminated the unsafe condition, your
request should include the specific actions that you propose to
address the unsafe condition. Submit your request in the manner
described in Sec.  39.19.

    If a change to a product makes it impossible to comply with the
requirements of an AD, then the operator must request an AMOC approval.
    The FAA does not have the resources to determine the modification
status of every product to which the AD may apply. If it is impossible
to comply with an AD as written, that does not mean the product does
not have the unsafe condition. The only way to make sure the product
does not, or that there is another acceptable way to address it, is to
require an operator to obtain an AMOC approval.
    For several years before part 39 was revised in 2002 the FAA
included a Note in every AD that contained the same substance as the
regulation. This revision to the regulations was a result of some
operators claiming that an AD did not apply to a particular airplane
because the airplane's configuration had changed, even though that
airplane was specifically identified in the ``Applicability'' paragraph
of the AD. But a change in product configuration does not necessarily
mean that the unsafe condition has been eliminated, and in some cases
the unsafe condition may actually be aggravated. So it is necessary to
emphasize that the ``Applicability'' paragraph of the AD determines AD
applicability, not the configuration of an individual airplane. In the
case of the affected component having been removed from the airplane,
the operator must obtain an AMOC approval. If the removed component is
replaced with a different component that may or may not retain the
unsafe condition, this is a technical issue that must be addressed
through the AMOC process. There are infinite variations on the
``impossibility'' issue that cannot be anticipated when drafting an AD
but for which the AMOC process is well suited.

    Issued in Washington, DC, on April 7, 2011.
Rebecca B. MacPherson,
Assistant Chief Counsel for Regulations.
[FR Doc. 2011-8972 Filed 4-13-11; 8:45 am]
BILLING CODE 4910-13-P


Note to Docket EPA HQ OPPT 2005 0049 February 15, 2006 On 2/ 14/ 2006 staff from EPA Region 8 provided an overview briefing on the Agency's Proposed Rule: Lead; Renovation, Repair, and Painting Program to ND Dept. of Health. The briefing was conducted using the presentation entitled " Lead Based Paint Renovation, Repair, and Painting; Overview of Proposed Rule; February 2006." A copy of this briefing has been inserted into the docket.

The meeting was attended by: Sandra Washek ( ND Dept. of Health) Timothy Lane ( EPA Region 8) Amanda Hasty ( EPA Region 8)

The purpose of the briefing was to familiarize the attendees with the rule so that they may provide useful comment on the proposal. Attendees were encouraged to submit any comments they have in writing for the Agency's consideration during the public comment period.


[Federal Register Volume 82, Number 98 (Tuesday, May 23, 2017)]
[Notices]
[Pages 23611-23612]
[FR Doc No: 2017-10493]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2009-0026]

Curtis-Strauss LLC: Application for Expansion of Recognition and
Proposed Modification to the NRTL Program's List of Appropriate Test
Standards

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces the application of Curtis-
Strauss LLC for expansion of its recognition as a Nationally Recognized
Testing Laboratory (NRTL) and presents the Agency's preliminary finding
to grant the application. Additionally, this notice proposes to add a
new recognized testing standard to the NRTL Program's List of
Appropriate Test Standards.

DATES: Submit comments, information, and documents in response to this
notice, or requests for an extension of time to make a submission, on
or before June 7, 2017.

ADDRESSES: Submit comments by any of the following methods:
    1. Electronically: Submit comments and attachments electronically
at http://www.regulations.gov, which is the Federal eRulemaking Portal.
Follow the instructions online for making electronic submissions.
    2. Facsimile: If submissions, including attachments, are not longer
than 10 pages, commenters may fax them to the OSHA Docket Office at
(202) 693-1648.
    3. Regular or express mail, hand delivery, or messenger (courier)
service: Submit comments, requests, and any attachments to the OSHA
Docket Office, Docket No. OSHA-2009-0026, Technical Data Center, U.S.
Department of Labor, 200 Constitution Avenue NW., Room N-3508,
Washington, DC 20210; telephone:<PHONE_NUMBER> (TTY number: (877) 889-
5627). Note that security procedures may result in significant delays
in receiving comments and other written materials by regular mail.
Contact the OSHA Docket Office for information about security
procedures concerning delivery of materials by express mail, hand
delivery, or messenger service. The hours of operation for the OSHA
Docket Office are 10:00 a.m.-2:30 p.m., e.t.
    4. Instructions: All submissions must include the Agency name and
the OSHA docket number (OSHA-2009-0026). OSHA places comments and other
materials, including any personal information, in the public docket
without revision, and these materials will be available online at
http://www.regulations.gov. Therefore, the Agency cautions commenters
about submitting statements they do not want made available to the
public, or submitting comments that contain personal information
(either about themselves or others) such as Social Security numbers,
birth dates, and medical data.
    5. Docket: To read or download submissions or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket are listed in the http://www.regulations.gov index; however, some information (e.g.,
copyrighted material) is not publicly available to read or download
through the Web site. All submissions, including copyrighted material,
are available for inspection at the OSHA Docket Office. Contact the
OSHA Docket Office for assistance in locating docket submissions.
    6. Extension of comment period: Submit requests for an extension of
the comment period on or before June 7, 2017 to the Office of Technical
Programs and Coordination Activities, Directorate of Technical Support
and Emergency Management, Occupational Safety and Health
Administration, U.S. Department of Labor, 200 Constitution Avenue NW.,
Room N-3655, Washington, DC 20210, or by fax to<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office
of Communications, U.S. Department of Labor, 200 Constitution Avenue
NW., Room N-3647, Washington, DC 20210; telephone:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    General and technical information: Contact Mr. Kevin Robinson,
Director, Office of Technical Programs and Coordination Activities,
Directorate of Technical Support and Emergency Management, Occupational
Safety and Health Administration, U.S. Department of Labor, 200
Constitution Avenue NW., Room N-3655, Washington, DC 20210; phone:
(202) 693-2110 or email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Notice of the Application for Expansion

    The Occupational Safety and Health Administration is providing
notice that Curtis-Strauss LLC (CSL), is applying for expansion of its
current recognition as an NRTL. CSL requests the addition of one test
standard to its NRTL scope of recognition.
    OSHA recognition of an NRTL signifies that the organization meets
the requirements specified in 29 CFR 1910.7. Recognition is an
acknowledgment that the organization can perform independent safety
testing and certification of the specific products covered within its
scope of recognition. Each NRTL's scope of recognition includes (1) the
type of products the NRTL may test, with each type specified by its
applicable test standard; and (2) the recognized site(s) that has/have
the technical capability to perform the product-testing and product-
certification activities for test standards within the NRTL's scope.
Recognition is not a delegation or grant of government authority;
however, recognition enables employers to use products approved by the
NRTL to meet OSHA standards that require product testing and
certification.
    The Agency processes applications by an NRTL for initial
recognition and for an expansion or renewal of this recognition,
following requirements in Appendix A to 29 CFR 1910.7. This appendix
requires that the Agency publish two notices in the Federal Register in
processing an application. In the first notice, OSHA announces the
application and provides its preliminary finding. In the second notice,
the Agency provides its final decision on the application. These
notices set forth the NRTL's scope of recognition or modifications of
that scope. OSHA maintains an informational Web page for each NRTL,
including CSL, which details the NRTL's scope of recognition. These
pages are available from the OSHA Web site at http://www.osha.gov/dts/otpca/nrtl/index.html.
    CSL currently has one facility (site) recognized by OSHA for
product testing and certification, with its headquarters located at:
Curtis-Strauss LLC, Littleton Distribution Center, One Distribution
Center Circle, Suite #1, Littleton, MA 01460. A complete list of CSL's
scope of recognition is available at https://www.osha.gov/dts/otpca/nrtl/csl.html.

II. General Background on the Application

    CSL submitted an application on April 7, 2016 (OSHA-2009-0026-
0072), to expand its recognition to include one

additional test standard. OSHA staff performed a detailed analysis of
the application packet and reviewed other pertinent information. OSHA
did not perform any on-site reviews in relation to this application.
    Table 1 below lists the appropriate test standard found in CSL's
application for expansion for testing and certification of products
under the NRTL Program.

  Table 1--Proposed List of Appropriate Test Standard for Inclusion in
                     CSL's NRTL Scope of Recognition
------------------------------------------------------------------------
             Test standard                     Test standard title
------------------------------------------------------------------------
UL 61010-2-010.........................  Safety Requirements for
                                          Electrical Equipment for
                                          Measurement, Control and
                                          Laboratory Use--Part 2-010:
                                          Particular Requirements for
                                          Laboratory Equipment for the
                                          Heating of Materials.
------------------------------------------------------------------------

III. Proposal To Add New Test Standards to the NRTL Program's List of
Appropriate Test Standards

    Periodically, OSHA will propose to add new test standards to the
NRTL Program's List of Appropriate Test Standards following an
evaluation of the test standard document. To qualify as an appropriate
test standard, the Agency evaluates the document to (1) verify it
represents a product category for which OSHA requires certification by
an NRTL, (2) verify the document represents an end product and not a
component, and (3) verify the document defines safety test
specifications (not installation or operational performance
specifications). OSHA becomes aware of new test standards through
various avenues. For example, OSHA may become aware of new test
standards to consider adding to the NRTL Program's List of Appropriate
Standards by: (1) Monitoring notifications issued by certain SDOs; (2)
reviewing applications by NRTLs or applicants seeking recognition to
include a new test standard in their scopes of recognition; and (3)
obtaining notification from manufacturers, manufacturing organizations,
government agencies, or other parties. OSHA may determine to include a
new test standard in the list, for example, if the test standard is for
a particular type of product that another test standard also covers or
it covers a type of product that no standard previously covered.
    In this notice, OSHA proposes to add a new test standard to the
NRTL Program's List of Appropriate Test Standards. Table 2, below,
lists the test standard new to the NRTL Program. OSHA preliminarily
determined that this test standard is an appropriate test standard and
proposes to include this test standard in the NRTL Program's List of
Appropriate Test Standards. OSHA seeks public comment on this
preliminary determination.

  Table 2--Test Standard OSHA Is Proposing To Add to the NRTL Program's
                   List of Appropriate Test Standards
------------------------------------------------------------------------
             Test standard                     Test standard title
------------------------------------------------------------------------
UL 61010-2-010.........................  Safety Requirements for
                                          Electrical Equipment for
                                          Measurement, Control and
                                          Laboratory Use--Part 2-010:
                                          Particular Requirements for
                                          Laboratory Equipment for the
                                          Heating of Materials.
------------------------------------------------------------------------

IV. Preliminary Findings on the Application

    CSL submitted an acceptable application for expansion of its scope
of recognition. OSHA's review of the application file, and pertinent
documentation, indicates that CSL can meet the requirements prescribed
by 29 CFR 1910.7 for expanding its recognition to include the addition
of this one test standard for NRTL testing and certification listed
above. This preliminary finding does not constitute an interim or
temporary approval of CSL's application.
    OSHA welcomes public comment as to whether CSL meets the
requirements of 29 CFR 1910.7 for expansion of its recognition as an
NRTL. Comments should consist of pertinent written documents and
exhibits. Commenters needing more time to comment must submit a request
in writing, stating the reasons for the request. Commenters must submit
the written request for an extension by the due date for comments. OSHA
will limit any extension to 10 days unless the requester justifies a
longer period. OSHA may deny a request for an extension if the request
is not adequately justified. To obtain or review copies of the exhibits
identified in this notice, as well as comments submitted to the docket,
contact the Docket Office, Room N-3508, Occupational Safety and Health
Administration, U.S. Department of Labor, at the above address. These
materials also are available online at http://www.regulations.gov under
Docket No. OSHA-2009-0026.
    OSHA staff will review all comments to the docket submitted in a
timely manner and, after addressing the issues raised by these
comments, will recommend to the Assistant Secretary for Occupational
Safety and Health whether to grant CSL's application for expansion of
its scope of recognition. The Assistant Secretary will make the final
decision on granting the application. In making this decision, the
Assistant Secretary may undertake other proceedings prescribed in
Appendix A to 29 CFR 1910.7.
    OSHA will publish a public notice of its final decision in the
Federal Register.

V. Authority and Signature

    Dorothy Dougherty, Deputy Assistant Secretary of Labor for
Occupational Safety and Health, 200 Constitution Avenue NW.,
Washington, DC 20210, authorized the preparation of this notice.
Accordingly, the Agency is issuing this notice pursuant to 29 U.S.C.
657(g)(2), Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25,
2012), and 29 CFR 1910.7.

    Signed at Washington, DC, on April 21, 2017.
Dorothy Dougherty,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2017-10493 Filed 5-22-17; 8:45 am]
 BILLING CODE 4510-26-P


[Federal Register: November 8, 2007 (Volume 72, Number 216)]
[Proposed Rules]
[Page 63159-63160]
[DOCID:fr08no07-25]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2003-0146; FRL-8493-6]
RIN 2060-AO55

National Emission Standards for Hazardous Air Pollutants From
Petroleum Refineries

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; notice of public hearing and reopening of public
comment period.

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

SUMMARY: EPA is announcing that there will be a public hearing
regarding the proposed rule on the National Emission Standards for
Hazardous Air Pollutants from Petroleum Refineries, published September
4, 2007. The public hearing will be held on November 27, 2007 in
Houston, Texas. EPA is also announcing that the comment period is being
reopened until December 28, 2007. In addition, we note that additional
material has been added to the docket since the proposed rule was
published.

DATES: Comments. EPA is reopening the comment period on the proposed
rule published on September 4, 2007 (72 FR 50716). Comments must be
received on or before December 28, 2007.
    Public Hearing. A public hearing on the proposed amendments
published on September 4, 2007 (72 FR 50716) will be held on November
27, 2007, at the Hartman Park Community Center, 9311 Avenue P, Houston,
Texas 77012. The public hearing will run from 9 a.m. to 9 p.m. You must
register to speak on or before November 21, 2007.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2003-0146 (for petroleum refineries), by one of the following
methods:
     http://www.regulations.gov: Follow the on-line instructions for

submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: U.S. Postal Service, send comments to: National
Emission Standards for Hazardous Air Pollutants from Petroleum
Refineries: Residual Risk Standards Docket, Environmental Protection
Agency, Air and Radiation Docket and Information Center, Mailcode:
2822T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. Please
include a total of two copies. We request that a separate copy also be
sent to the contact person identified below (see FOR FURTHER
INFORMATION CONTACT).
     Hand Delivery: In person or by courier, deliver comments
to: EPA Docket and Information Center, Public Reading Room, EPA West
Building, Room 3334, 1301 Constitution Avenue, NW., Washington, DC
20004. Such deliveries are only accepted during the Docket's normal
hours of operation, and special arrangements should be made for
deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2003-0146. 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 e-mail.

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 e-
mail comment directly to EPA without going through http://www.regulations.gov,

your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the
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.
Please note that additional information has been posted to the docket
since the comment period started.
    Publicly available docket materials are available either
electronically in http://www.regulations.gov or in hard copy at the National

Emission Standards for Hazardous Air Pollutants from Petroleum
Refineries: Residual Risk Standards Docket, Environmental Protection
Agency, EPA West Building, Room 3334, 1301 Constitution Ave., NW.,
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is<PHONE_NUMBER>, and the telephone
number for the Air and Radiation Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: If you would like to speak at the
public hearing or have questions concerning the public hearing, please
contact Mrs. Debra Lee at the address given below under SUPPLEMENTARY
INFORMATION.
    Questions concerning the proposed rule should be addressed to Mr.
Robert Lucas, Office of Air Quality Planning and Standards, Sector
Policies and Programs Division, Coatings and Chemicals Group (E143-01),
Environmental Protection Agency, Research Triangle Park, North Carolina
27711, telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-
mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Public Hearing

    The public hearing will provide interested parties the opportunity
to present data, views, or arguments concerning the proposed rules. The
EPA may ask clarifying questions during the oral presentations, but
will not respond to the presentations at that time. Written statements
and supporting information submitted during the comment period will be
considered with the same weight as any oral comments and supporting
information presented at the public hearings. Written comments must be
postmarked by the last day of the comment period, December 28, 2007.
    The public hearing will be held at the Hartman Park Community
Center, 9311 Avenue P, Houston, Texas 77012. The public hearing will
begin at 9 a.m. and continue into the evening until 9 p.m. (local time)
or later, if necessary, depending on the number of speakers wishing to
participate. EPA is scheduling lunch breaks from 12:30 p.m. until 2
p.m. and dinner breaks from 6 p.m. to 7:30 p.m.
    If you would like to present oral testimony at the hearings, please
notify Mrs. Debra Lee, U.S. Environmental Protection Agency (D205-02),
Research Triangle Park, NC 27711, e-mail (preferred method for
registering<EMAIL_ADDRESS>telephone:<PHONE_NUMBER>. She will
arrange a general time slot for you to speak. EPA will make every
effort to follow the schedule as closely as possible on the day of the
hearings; however, please plan for the hearing to run either ahead of
schedule or behind schedule. Please note that

registration closes at 5 p.m. EST on Wednesday November 21, 2007.
    Oral testimony will be limited to 5 minutes for each commenter to
address the proposal. We will not be providing equipment for commenters
to show overhead slides or make computerized slide presentations unless
we receive special requests in advance. Commenters should notify Mrs.
Lee if they will need specific audiovisual equipment. Commenters should
also notify Mrs. Lee if they need specific translation services for
non-English speaking commenters. EPA encourages commenters to provide
written versions of their oral testimonies either electronically on
computer disk or CD ROM or in paper copy.
    The hearing schedule, including a list of speakers, will be posted
on EPA's Web site for the proposal at http://www.epa.gov/ttn/atw/petrefine/petrefpg.html
 prior to the hearing. Verbatim transcripts of

the hearings and written statements will be included in the rulemaking
dockets.

Comment Period

    Written statements and supporting information submitted during the
comment period will be considered with the same weight as any oral
comments and supporting information presented at the public hearing. To
allow for adequate time for comment after the public hearing, the
public comment period will now end on December 28, 2007.

How can I get copies of the proposed rule and other related
information?

    The proposed rule for the National Emission Standards for Hazardous
Air Pollutants from Petroleum Refineries was published September 4,
2007 (72 FR 50716). EPA has established the public docket for the
proposed rulemaking under docket ID No. EPA-HQ-OAR-2003-0146. We note
that, since the proposed rule was published, additional materials have
been added to the docket. Information on how to access the docket is
presented above in the ADDRESSES section.

    Dated: November 2, 2007.
Stephen L. Johnson,
Administrator.
[FR Doc. E7-21938 Filed 11-7-07; 8:45 am]

BILLING CODE 6560-50-P


AOX kg/ day ( max value) limit 190 limit 419 limit 419 Effluent flow MGD ( average) 1995 estima Jan 135 276 250 9 10 13 213,629 Feb 108 276 242 12 7 12 Mar 94 290 198 8 14 10 Apr 83 189 178 14 10 9 2002 May 77 184 141 10 10 6 2003 Jun 69 147 138 8 7 8 2004 Jul 71 135 128 8 7 7 Aug 145 168 115 8 10 8 Sep 135 135 151 4 6 9 color Oct 178 116 94 11 8 7 Nov 167 153 91 12 8 4 2002 Dec 257 203 79 12 9 9 2003 2004 Color limit 190 limit 419 limit 419 Jan 135 276 250 Feb 108 276 242 Mar 94 290 198 Apr 83 189 178 May 77 184 141 Jun 69 147 138 Jul 71 135 128 Aug 145 168 115 Sep 135 135 151 Oct 178 116 94 Nov 167 153 91 Dec 257 203 79 imated AOX load kg/ y historical loads ( kg/ yr) 33,371 33371 17,478 17478 7,468 7468 337,420 337420 340,788 340788 380,305 380305 OPERATION MONITORING REPORT PERMIT NUMBER LOCATION DESCRIPTION GA 0049336 OO1 FINAL EFFLUENT TREATED PROCESS WEYERHAEUSER COMPANY DATE YR MO DA WASTEWATER FROM STABILIZATION P. O. BOX 238 BEGIN 02 04 01 BASIN TO FLINT RIVER OGLETHORPE, GA. 31068 END 02 04 30 LOCATION CODE OO1 OO1 OO1 OO1 OO1 OO1 OO1 PARAMETER CODE 50050 310 310 530 530 400 80 PARAMETER EFFLUENT BOD5 BOD5 TSS TSS pH COLOR AOX NAME FLOW & UNITS MGD MG/ L LBS/ DAY PPM LBS/ DAY UNITS PCU KG/ DAY TYPE OF SAMPLE INST COMP 24 COMP 24 COMP 24 COMP 24 GRAB COMP 24 FREQ OF ANALYSIS CONTIN DAILY DAILY DAILY DAILY DAILY DAILY DAILY LIMITS AVG 9652 AVG 10388 MIN 6.0 AVG 190.5 MAX 23072 MAX 23968 MAX 9.0 DATE 1 14.54 46.00 5,578 46.0 5,578 7.83 975 80.8 2 14.23 40.70 4,830 46.0 5,459 7.81 975 83.4 3 14.81 43.40 5,360 49.5 6,114 7.85 1020 76.4 4 14.05 42.75 5,009 51.5 6,035 7.85 1000 74.0 5 13.49 45.00 5,063 55.5 6,244 7.88 1035 67.9 6 13.83 52.00 4,844 49.5 5,709 7.90 1040 65.7 7 13.51 36.00 4,056 50.5 5,690 7.90 1025 65.0 8 13.10 42.40 4,632 52.0 5,687 7.86 1150 67.0 9 14.16 40.60 4,795 52.5 6,200 7.86 1090 68.4 10 13.79 44.10 5,072 52.0 5,980 7.88 1150 74.7 11 14.44 44.90 5,407 58.5 7,045 7.83 1180 68.0 12 14.28 44.40 5,288 61.0 7,265 7.85 1150 59.3 13 14.47 44.60 5,382 47.0 5,672 7.83 1175 64.9 14 14.30 41.25 4,919 52.5 6,261 7.82 1250 63.6 15 15.36 36.30 4,650 47.5 6,085 7.75 1125 69.0 16 14.80 37.30 4,604 56.5 6,974 7.79 1125 67.2 17 14.44 35.25 4,245 59.0 7,105 7.84 1150 66.3 18 13.83 32.50 3,749 61.0 7,036 7.74 1100 66.4 19 14.92 33.70 4,193 68.5 8,524 7.76 1070 62.2 20 14.60 32.30 3,933 52.5 6,393 7.80 1020 60.4 21 14.36 32.70 3,916 54.0 6,467 7.85 995 56.0 22 14.32 32.00 3,819 54.5 6,504 7.80 990 53.3 23 14.24 30.25 3,592 54.0 6,413 7.83 975 56.3 24 14.46 27.25 3,286 57.5 6,934 7.72 925 47.9 25 14.76 30.75 3,785 53.5 6,586 7.73 950 51.3 26 14.09 31.00 3,643 70.5 8,284 7.73 900 55.1 27 15.24 29.40 3,737 53.0 6,736 7.72 970 58.7 28 13.85 33.70 3,893 53.3 6,151 7.93 935 55.7 29 14.20 35.50 4,204 58.0 6,869 7.86 965 59.7 30 14.02 35.00 4,092 57.5 6,723 7.82 965 54.1 AVERAGE VALUE 14.28 37.8 4453 54.5 6491 7.82 1046 63.96 MAXIMUM VALUE 15.36 52.0 5578 70.5 8524 7.93 1250 83.36 MINIMUM VALUE 13.10 27.3 3286 46.0 5459 7.72 900 47.91 OPERATION MONITORING REPORT PERMIT NUMBER LOCATION DESCRIPTION GA 0049336 OO1 FINAL EFFLUENT TREATED PROCESS WEYERHAEUSER COMPANY DATE YR MO DA WASTEWATER FROM STABILIZATION P. O. BOX 238 BEGIN 03 04 01 BASIN TO FLINT RIVER OGLETHORPE, GA. 31068 END 03 04 30 LOCATION CODE OO1 OO1 OO1 OO1 OO1 OO1 OO1 PARAMETER CODE 50050 310 310 530 530 400 80 PARAMETER EFFLUENT BOD5 BOD5 TSS TSS pH COLOR AOX NAME FLOW & UNITS MGD MG/ L LBS/ DAY PPM LBS/ DAY UNITS PCU LBS/ DAY TYPE OF SAMPLE INST COMP 24 COMP 24 COMP 24 COMP 24 GRAB COMP 24 FREQ OF ANALYSIS CONTIN DAILY DAILY DAILY DAILY DAILY DAILY DAILY LIMITS AVG 9652 AVG 10388 MIN 6.0 AVG 419.1 MAX 23072 MAX 23968 MAX 9.0 DATE 1 9.43 24.75 1,946 46.0 3,618 7.99 700 2 9.46 39.30 3,101 53.0 4,182 7.86 700 3 9.42 37.00 2,907 46.5 3,653 7.82 750 4 8.60 35.30 2,532 51.3 3,679 7.87 700 5 8.52 35.80 2,544 48.7 3,460 7.87 700 6 8.63 35.10 2,526 58.0 4,175 7.84 720 7 7.77 34.50 2,236 53.5 3,467 7.86 750 180.1 8 7.81 34.00 2,215 42.5 2,768 7.78 730 9 11.69 33.25 3,242 37.5 3,656 7.81 730 10 10.95 30.75 2,808 39.4 3,598 7.86 750 11 11.31 29.25 2,759 41.6 3,924 7.85 775 12 10.72 35.25 3,152 46.7 4,175 7.81 800 13 10.36 34.20 2,955 44.5 3,845 7.80 850 14 10.81 35.70 3,219 44.0 3,967 7.80 780 189.3 15 10.96 31.50 2,879 47.5 4,342 7.76 780 16 9.23 30.30 2,332 41.9 3,222 7.79 760 17 7.66 35.50 2,268 43.2 2,757 7.81 830 18 6.01 33.00 1,654 45.6 2,286 7.82 800 19 5.92 37.00 1,827 45.0 2,222 7.81 825 20 9.94 41.50 3,440 47.0 3,896 7.82 825 21 10.10 36.70 3,091 45.0 3,791 7.83 850 151.6 22 10.44 39.20 3,413 46.0 4,005 7.79 815 23 11.05 43.70 4,027 45.0 4,147 7.89 815 24 10.32 44.70 3,847 51.5 4,433 7.81 845 25 10.40 44.70 3,877 49.5 4,293 7.88 850 26 9.82 47.00 3,849 52.8 4,324 7.89 800 27 10.00 48.00 4,003 59.5 4,962 7.85 825 28 9.81 45.75 3,743 57.1 4,672 7.88 875 180.0 29 10.33 48.00 4,135 61.5 5,298 7.77 860 30 9.91 48.90 4,042 45.5 3,761 7.80 865 AVERAGE VALUE 9.58 37.7 3008 47.9 3826 7.83 789 175.25 MAXIMUM VALUE 11.69 48.9 4135 61.5 5298 7.99 875 189.30 MINIMUM VALUE 5.92 24.8 1654 37.5 2222 7.76 700 151.60 OPERATION MONITORING REPORT PERMIT NUMBER LOCATION DESCRIPTION GA 0049336 OO1 FINAL EFFLUENT TREATED PROCESS WEYERHAEUSER COMPANY DATE YR MO DA WASTEWATER FROM STABILIZATION P. O. BOX 238 BEGIN 04 04 01 BASIN TO FLINT RIVER OGLETHORPE, GA. 31068 END 04 04 30 LOCATION CODE OO1 OO1 OO1 OO1 OO1 OO1 OO1 PARAMETER CODE 50050 310 310 530 530 400 80 PARAMETER EFFLUENT BOD5 BOD5 TSS TSS pH COLOR AOX NAME FLOW & UNITS MGD MG/ L LBS/ DAY PPM LBS/ DAY UNITS PCU LBS/ DAY TYPE OF SAMPLE INST COMP 24 COMP 24 COMP 24 COMP 24 GRAB COMP 24 FREQ OF ANALYSIS CONTIN DAILY DAILY DAILY DAILY DAILY DAILY DAILY LIMITS AVG 9652 AVG 10388 MIN 6.0 AVG 419.1 MAX 23072 MAX 23968 MAX 9.0 DATE 1 9.74 53.80 4,370 69.0 5,605 7.84 855 2 7.02 53.60 3,138 70.0 4,098 7.78 875 3 6.83 54.30 3,093 73.5 4,187 7.83 900 4 6.39 56.40 3,006 75.0 3,997 7.82 900 5 8.09 54.00 3,643 79.3 5,350 7.81 925 141.7 6 10.23 53.10 4,530 84.3 7,192 7.84 775 7 10.23 52.10 4,445 81.7 6,970 7.80 925 8 9.84 50.40 4,136 88.0 7,222 7.82 900 9 9.44 53.00 4,173 75.0 5,905 7.83 900 10 8.80 61.40 4,506 93.5 6,862 7.77 930 11 8.46 48.90 3,450 94.2 6,646 7.76 720 12 9.07 57.10 4,319 84.2 6,369 7.80 950 196.7 13 10.93 55.50 5,059 64.2 5,852 7.85 950 14 10.91 55.40 5,041 60.0 5,459 7.79 975 15 10.07 57.90 4,863 65.1 5,467 7.78 950 16 9.56 55.50 4,425 60.0 4,784 7.83 930 17 9.32 61.00 4,741 63.5 4,936 7.83 910 18 9.77 61.10 4,979 68.5 5,582 7.82 945 19 9.24 61.30 4,724 62.5 4,816 7.86 965 208.1 20 9.55 59.20 4,715 66.4 5,289 7.82 925 21 9.33 57.80 4,498 66.4 5,167 7.85 975 22 10.34 48.40 4,174 73.0 6,295 7.92 900 23 10.91 57.30 5,214 60.0 5,459 7.85 900 24 11.47 66.50 6,361 92.0 8,801 7.80 940 25 9.44 51.70 4,070 63.6 5,007 7.79 895 26 9.36 49.80 3,888 62.0 4,840 7.78 945 163.9 27 9.55 49.60 3,950 58.0 4,620 7.78 945 28 9.72 50.00 4,053 61.0 4,945 7.81 890 29 11.67 49.50 4,818 61.5 5,986 7.79 900 30 9.42 50.80 3,991 70.7 5,554 7.78 925 AVERAGE VALUE 9.49 54.9 4344 71.5 5662 7.81 911 177.58 MAXIMUM VALUE 11.67 66.5 6361 94.2 8801 7.92 975 208.07 MINIMUM VALUE 6.39 48.4 3006 58.0 3997 7.76 720 141.69


[Federal Register Volume 79, Number 169 (Tuesday, September 2, 2014)]
[Notices]
[Page 52105]
[FR Doc No: 2014-20723]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2014-64]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of 14 CFR. The purpose of this notice is to
improve the public's awareness of, and participation in, this aspect of
FAA's regulatory activities. Neither publication of this notice nor the
inclusion or omission of information in the summary is intended to
affect the legal status of the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before September 22, 2014.

ADDRESSES: You may send comments identified by Docket Number FAA-2014-
0613 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jake Troutman,<PHONE_NUMBER>, 800
Independence Avenue SW., Washington, DC, 20951.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on August 26, 2014.
Lirio Liu,
Director, Office of Rulemaking.

Petition For Exemption

    Docket No.: FAA-2014-0613
    Petitioner: Wilbur-Ellis Co.
    Section of 14 CFR: parts 21 Subpart H, 45.23(b), 45.27(a),
61.113(a) and (b), 91.7(a), 91.9(b)(2) and (c), 91.103, 91.109(a),
91.119, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 91.407(a)(1),
91.409(a)(2), and 91.417(a) and (b).
    Description of Relief Sought: The petitioner is seeking an
exemption to commercially operate small unmanned aircraft systems
(sUAS) in the agricultural aerial survey and inspection industry.

[FR Doc. 2014-20723 Filed 8-29-14; 8:45 am]
BILLING CODE 4910-13-P


1 March 26, 2004 MEMORANDUM TO: EPA Air Docket OAR 2003 0012 FROM: William Charmley Engineer Office of Transportation and Air Quality U. S. EPA SUBJECT: Summary of Meeting with Cummins Inc., August 11, 2003, regarding Nonroad Tier 4 Proposal On August 11, 2003, representatives from EPA and Cummins Inc. ( Cummins) met at EPA's National Vehicle and Fuel Emissions Laboratory in Ann Arbor, Michigan to discuss EPA's nonroad diesel Tier 4 proposal. A list of the attendees for this meeting is attached. Cummins gave a presentation during the meeting which contained confidential business information. No copy of the material was left with EPA.

The following topics were discussed during the meeting;

 EPA proposal regarding emission standards for > 750 hp standards;  Cummins engine platform specification and sales for > 750 hp engines  design durability issues for > 750 hp engines  transient test cycle requirements and standards  research and development costs for > 750 hp engines for Tier 2  PM and NOx aftertreatment issues for > 750 hp engines  exhaust gas recirculation issues for > 750 hp engines  NOx emission standards and implementation dates for > 750 hp engines  PM emission standards and implementation dates for > 750 hp engines  differences between > 750 hp mobile machines and generators  not to exceed requirements for all nonroad diesel engines  international harmonization of nonroad diesel engine standards attachments: Attendees List Attachment: Attendees List EPA Meeting with Cummins, Inc., August 11, 2003 Cummins Inc., Attendees: Sam Hires, Cummins Inc. Berhat Verdat, Cummins Inc. Todd Hendricks, Cummins Inc.

EPA Attendees Chet France, Assessment & Standards Division, Office of Transportation & Air Quality Cle Jackson, Assessment & Standards Division, Office of Transportation & Air Quality Don Kopinski, Assessment & Standards Division, Office of Transportation & Air Quality Bill Charmley, Assessment & Standards Division, Office of Transportation & Air Quality Byron Bunker, Assessment & Standards Division, Office of Transportation & Air Quality


[Federal Register Volume 79, Number 134 (Monday, July 14, 2014)]
[Notices]
[Pages 40770-40772]
[FR Doc No: 2014-16319]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2014-0002; Internal Agency Docket No. FEMA-B-1422]

Changes in Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice lists communities where the addition or
modification of Base Flood Elevations (BFEs), base flood depths,
Special Flood Hazard Area (SFHA) boundaries or zone designations, or
the regulatory floodway (hereinafter referred to as flood hazard
determinations), as shown on the Flood Insurance Rate Maps (FIRMs), and
where applicable, in the supporting Flood Insurance Study (FIS)
reports, prepared by the Federal Emergency Management Agency (FEMA) for
each community, is appropriate because of new scientific or technical
data. The FIRM, and where applicable, portions of the FIS report, have
been revised to reflect these flood hazard determinations through
issuance of a Letter of Map Revision (LOMR), in accordance with Title
44, Part 65 of the Code of Federal Regulations (44 CFR part 65). The
LOMR will be used by insurance agents and others to calculate
appropriate flood insurance premium rates for new buildings and the
contents of those buildings. For rating purposes, the currently
effective community number is shown in the table below and must be used
for all new policies and renewals.

DATES: These flood hazard determinations will become effective on the
dates listed in the table below and revise the FIRM panels and FIS
report in effect prior to this determination for the listed
communities.
    From the date of the second publication of notification of these
changes in a newspaper of local circulation, any person has ninety (90)
days in which to request through the community that the Deputy
Associate Administrator for Mitigation reconsider the changes. The
flood hazard determination information may be changed during the 90-day
period.

ADDRESSES: The affected communities are listed in the table below.
Revised flood hazard information for each community is available for
inspection at both the online location and the respective community map
repository address listed in the table below. Additionally, the current
effective FIRM and FIS report for each community are accessible online
through the FEMA Map Service Center at www.msc.fema.gov for comparison.
    Submit comments and/or appeals to the Chief Executive Officer of
the community as listed in the table below.

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
FEMA, 500 C Street SW., Washington, DC 20472,<PHONE_NUMBER>, or
(email<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The specific flood hazard determinations are
not described for each community in this notice. However, the online
location and local community map repository address where the flood
hazard determination information is available for inspection is
provided.
    Any request for reconsideration of flood hazard determinations must
be submitted to the Chief Executive Officer of the community as listed
in the table below.
    The modifications are made pursuant to section 201 of the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and with 44 CFR part 65.
    The FIRM and FIS report are the basis of the floodplain management
measures that the community is required either to adopt or to show
evidence of having in effect in order to qualify or remain qualified
for participation in the National Flood Insurance Program (NFIP).
    These flood hazard determinations, together with the floodplain
management criteria required by 44 CFR 60.3, are the minimum that are
required. They should not be construed to mean that the community must
change any existing ordinances that are more stringent in their
floodplain management requirements. The community may at any time enact
stricter requirements of its own or pursuant to policies established by
other Federal, State, or regional entities. The flood hazard
determinations are in accordance with 44 CFR 65.4.
    The affected communities are listed in the following table. Flood
hazard determination information for each community is available for
inspection at both the online location and the respective community map
repository address listed in the table below. Additionally, the current
effective FIRM and FIS report for each community are accessible online
through the FEMA Map Service Center at www.msc.fema.gov for comparison.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Chief executive                         Online location of
        State and county           Location and case       officer of         Community map        letter of map        Effective date of     Community
                                          No.               community          repository             revision             modification          No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Massachusetts: Middlesex........  Town of Holliston    The Honorable Jay   Town Hall, 703      http://                September 17, 2014...       250195
                                   (13-01-2122P).       Leary, Chairman,    Washington          www.msc.fema.gov/
                                                        Town of Holliston   Street,             lomc.
                                                        Board of            Holliston, MA
                                                        Selectmen, 703      01746.
                                                        Washington
                                                        Street,
                                                        Holliston, MA
                                                        01746.
New Mexico: Taos................  Unincorporated       The Honorable       Taos County         http://                August 22, 2014......       350078
                                   Areas of Taos        Gabriel J.          Administrative      www.msc.fema.gov/
                                   County (14-06-       Romero, Chairman,   Complex, 105        lomc.
                                   0477P).              Taos County         Albright Street,
                                                        Commission, 105     Suite H, Taos, NM
                                                        Albright Street,    87571.
                                                        Suite A, Taos, NM
                                                        87571.

New York:
    Rockland....................  Town of Ramapo (13-  The Honorable       Town of Ramapo      http://                October 16, 2014.....       365340
                                   02-1859P).           Christopher P.      Department of       www.msc.fema.gov/
                                                        St. Lawrence,       Public Works, 16    lomc.
                                                        Supervisor, Town    Pioneer Avenue,
                                                        of Ramapo, 237      Tallman, NY 10982.
                                                        Route 59,
                                                        Suffern, NY 10901.
    Rockland....................  Village of Hillburn  The Honorable       Village Hall, 31    http://                October 16, 2014.....       360683
                                   (13-02-1859P).       Craig M.            Mountain Avenue,    www.msc.fema.gov/
                                                        Flanagan, Jr.,      Hillburn, NY        lomc.
                                                        Mayor, Village of   10931.
                                                        Hillburn, 31
                                                        Mountain Avenue,
                                                        Hillburn, NY
                                                        10931.
Oklahoma:
    Canadian....................  City of Oklahoma     The Honorable Mick  420 West Main       http://                August 18, 2014......       405378
                                   City (12-06-2730P).  Cornett, Mayor,     Street, Suite       www.msc.fema.gov/
                                                        City of Oklahoma    700, Oklahoma       lomc.
                                                        City, 200 North     City, OK 73102.
                                                        Walker Avenue,
                                                        3rd Floor,
                                                        Oklahoma City, OK
                                                        73102.
    Garvin......................  City of Pauls        The Honorable Gary  City Hall, 100      http://                August 29, 2014......       400246
                                   Valley (13-06-       Alfred, Mayor,      West Paul Avenue,   www.msc.fema.gov/
                                   3636P).              City of Pauls       Pauls Valley, OK    lomc.
                                                        Valley, P.O. Box    73075.
                                                        778, Pauls
                                                        Valley, OK 73075.
Texas:
    Bexar.......................  City of San Antonio  The Honorable       Department of       http://                August 25, 2014......       480045
                                   (13-06-3484P).       Juli[aacute]n       Public Works,       www.msc.fema.gov/
                                                        Castro, Mayor,      Storm Water         lomc.
                                                        City of San         Engineering, 1901
                                                        Antonio, P.O. Box   South Alamo
                                                        839966, San         Street, 2nd
                                                        Antonio, TX 78283.  Floor, San
                                                                            Antonio, TX 78204.
    Dallas......................  City of Garland (13- The Honorable       800 Main Street,    http://                September 5, 2014....       485471
                                   06-4174P).           Douglas Athas,      Garland, TX 75040.  www.msc.fema.gov/
                                                        Mayor, City of                          lomc.
                                                        Garland, 200
                                                        North 5th Street,
                                                        Garland, TX 75040.
    Dallas......................  City of Sachse (13-  The Honorable Mike  3815 Sachse Road,   http://                September 5, 2014....       480186
                                   06-4174P).           Felix, Mayor,       Building B,         www.msc.fema.gov/
                                                        City of Sachse,     Sachse, TX 75048.   lomc.
                                                        3815 Sachse Road,
                                                        Building B,
                                                        Sachse, TX 75048.
    Denton......................  City of Celina (13-  The Honorable Sean  City Hall, 142      http://                September 2, 2014....       480133
                                   06-4215P).           Terry, Mayor,       North Ohio          www.msc.fema.gov/
                                                        City of Celina,     Street, Celina,     lomc.
                                                        142 North Ohio      TX 75009.
                                                        Street, Celina,
                                                        TX 75009.
    Denton......................  City of Denton (13-  The Honorable Mark  901-A Texas         http://                July 28, 2014........       480194
                                   06-3803P).           A. Burroughs,       Street, Denton,     www.msc.fema.gov/
                                                        Mayor, City of      TX 76209.           lomc.
                                                        Denton, 215 East
                                                        McKinney Street,
                                                        Denton, TX 76201.
    Denton......................  City of Denton (14-  The Honorable Mark  901-A Texas         http://                September 22, 2014...       480194
                                   06-0807P).           A. Burroughs,       Street, Denton,     www.msc.fema.gov/
                                                        Mayor, City of      TX 76209.           lomc.
                                                        Denton, 215 East
                                                        McKinney Street,
                                                        Denton, TX 76201.
    Denton......................  City of Frisco (13-  The Honorable       City Hall, 6101     http://                August 18, 2014......       480134
                                   06-3033P).           Maher Maso,         Frisco Square       www.msc.fema.gov/
                                                        Mayor, City of      Boulevard,          lomc.
                                                        Frisco, 6101        Frisco, TX 75034.
                                                        Frisco Square
                                                        Boulevard,
                                                        Frisco, TX 75034.
    Denton......................  City of Frisco (14-  The Honorable       City Hall, 6101     http://                August 25, 2014......       480134
                                   06-0032P).           Maher Maso,         Frisco Square       www.msc.fema.gov/
                                                        Mayor, City of      Boulevard,          lomc.
                                                        Frisco, 6101        Frisco, TX 75034.
                                                        Frisco Square
                                                        Boulevard,
                                                        Frisco, TX 75034.
    Denton......................  Unincorporated       The Honorable Mary  Denton County       http://                July 28, 2014........       480774
                                   Areas of Denton      Horn, Denton        Government          www.msc.fema.gov/
                                   County (13-06-       County Judge, 110   Center, 1505 East   lomc.
                                   3803P).              West Hickory        McKinney Street,
                                                        Street, 2nd         Suite 175,
                                                        Floor, Denton, TX   Denton, TX 76209.
                                                        76201.
    Denton......................  Unincorporated       The Honorable Mary  Denton County       http://                September 2, 2014....       480774
                                   Areas of Denton      Horn, Denton        Government          www.msc.fema.gov/
                                   County (13-06-       County Judge, 110   Center, 1505 East   lomc.
                                   4215P).              West Hickory        McKinney Street,
                                                        Street, 2nd         Suite 175,
                                                        Floor, Denton, TX   Denton, TX 76209.
                                                        76201.
    Denton......................  Unincorporated       The Honorable Mary  Denton County       http://                September 22, 2014...       480774
                                   Areas of Denton      Horn, Denton        Government          www.msc.fema.gov/
                                   County (14-06-       County Judge, 110   Center, 1505 East   lomc.
                                   0807P).              West Hickory        McKinney Street,
                                                        Street, 2nd         Suite 175,
                                                        Floor, Denton, TX   Denton, TX 76209.
                                                        76201.

    Guadalupe...................  City of Cibolo (13-  The Honorable Lisa  200 South Main      http://                September 3, 2014....       480267
                                   06-4035P).           M. Jackson,         Street, Cibolo,     www.msc.fema.gov/
                                                        Mayor, City of      TX 78108.           lomc.
                                                        Cibolo, 200 South
                                                        Main Street,
                                                        Cibolo, TX 78108.
    Guadalupe...................  Unincorporated       The Honorable       Guadalupe County,   http://                September 3, 2014....       480266
                                   Areas of Guadalupe   Larry Jones,        2605 North          www.msc.fema.gov/
                                   County (13-06-       Guadalupe County    Guadalupe Street,   lomc.
                                   4035P).              Judge, 211 West     Seguin, TX 78155.
                                                        Court Street,
                                                        Seguin, TX 78155.
    Harris......................  City of Houston (13- The Honorable       Public Works and    http://                September 15, 2014...       480296
                                   06-2759P).           Annise D. Parker,   Engineering         www.msc.fema.gov/
                                                        Mayor, City of      Department, 611     lomc.
                                                        Houston, P.O. Box   Walker Street,
                                                        1562, Houston, TX   Houston, TX 77002.
                                                        77251.
    Harris......................  Unincorporated       The Honorable Ed    Harris County,      http://                September 15, 2014...       480287
                                   Areas of Harris      M. Emmett Harris,   10555 Northwest     www.msc.fema.gov/
                                   County (13-06-       County Judge,       Freeway, Houston,   lomc.
                                   2759P).              1001 Preston        TX 77092.
                                                        Street, Suite
                                                        911, Houston, TX
                                                        77002.
    Harris......................  Unincorporated       The Honorable Ed    Harris County,      http://                August 21, 2014......       480287
                                   Areas of Harris      M. Emmett Harris,   10555 Northwest     www.msc.fema.gov/
                                   County (13-06-       County Judge,       Freeway, Houston,   lomc.
                                   4636P).              1001 Preston        TX 77092.
                                                        Street, Suite
                                                        911, Houston, TX
                                                        77002.
    Harris......................  Unincorporated       The Honorable Ed    Harris County,      http://                September 15, 2014...       480287
                                   Areas of Harris      M. Emmett Harris,   10555 Northwest     www.msc.fema.gov/
                                   County (14-06-       County Judge,       Freeway, Houston,   lomc.
                                   1079P).              1001 Preston        TX 77092.
                                                        Street, Suite
                                                        911, Houston, TX
                                                        77002.
    Montgomery..................  City of Conroe (13-  The Honorable Webb  City Hall, 505      http://                August 21, 2014......       480484
                                   06-3145P).           K. Melder, Mayor,   West Davis          www.msc.fema.gov/
                                                        City of Conroe,     Street, Conroe,     lomc.
                                                        P.O. Box 3066,      TX 77301.
                                                        Conroe, TX 77305.
    Terrell.....................  Unincorporated       The Honorable       Terrell County      http://                September 26, 2014...       480619
                                   Areas of Terrell     Santiago Flores,    Courthouse,         www.msc.fema.gov/
                                   County (13-06-       Terrell County      County Clerk's      lomc.
                                   3003P).              Judge, 105 East     Office, 105 East
                                                        Hackberry Street,   Hackberry Street,
                                                        Sanderson, TX       Sanderson, TX
                                                        79848.              79848.
--------------------------------------------------------------------------------------------------------------------------------------------------------

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

    Dated: June 17, 2014.
Roy E. Wright,
Deputy Associate Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2014-16319 Filed 7-11-14; 8:45 am]
BILLING CODE 9110-12-P