[Federal Register Volume 86, Number 171 (Wednesday, September 8, 2021)]
[Rules and Regulations]
[Pages 50224-50226]
[FR Doc No: 2021-19252]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0449; Project Identifier 2018-SW-001-AD; Amendment
39-21679; AD 2021-16-16]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Airbus Helicopters Model AS350B, AS350BA, AS350B1, AS350B2,
AS350B3, and AS350D helicopters; and Model AS355E, AS355F, AS355F1,
AS355F2, AS355N, and AS355NP helicopters. This AD was prompted by
reports that the lanyards (bead chain tethers), which hold the quick
release pins to the forward bracket assembly of certain litter kits,
can loop around the directional control pedal stubs, limiting the
movement of the pedals. This AD requires modification of the lanyard
attachment location for certain litter kit installations. The FAA is
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective October 13, 2021.
    The Director of the Federal Register approved the incorporation by
reference of a certain document listed in this AD as of October 13,
2021.

ADDRESSES: For service information identified in this final rule,
contact Airbus Helicopters, 2701 North Forum Drive, Grand Prairie, TX
75052; telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax<PHONE_NUMBER>;
or at https://www.airbus.com/helicopters/services/technical-support.html. You may view this service information at the FAA, Office
of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room
6N-321, Fort Worth, TX 76177. 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-2021-0449.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0449; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this final rule, the
Transport Canada AD, any comments received, and other information. The
street address for Docket Operations is U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Andrea Jimenez, Aerospace Engineer,
COS Program Management Section, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 1600 Stewart Ave., Mail Stop: Room 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Airbus
Helicopters Model AS350B, AS350BA, AS350B1, AS350B2, AS350B3, and
AS350D helicopters; and Model AS355E, AS355F, AS355F1, AS355F2, AS355N,
and AS355NP helicopters. The NPRM published in the Federal Register on
June 3, 2021 (86 FR 29705). In the NPRM, the FAA proposed to require
modification of the lanyard attachment location for certain litter kit
installations. The NPRM was prompted

by Canadian AD CF-2017-37, dated December 19, 2017 (Canadian AD CF-
2017-37), issued by Transport Canada, which is the aviation authority
for Canada, to correct an unsafe condition for Airbus Helicopters Model
AS 350 B, AS 350 BA, AS 350 B1, AS 350 B2, AS 350 B3, AS 350 D, AS 355
E, AS 355 F, AS 355 F1, AS 355 F2, AS 355 N, and AS 355 NP helicopters.
Transport Canada advises that there have been reports that the
lanyards, which hold the quick release pins to the forward bracket
assembly of certain litter kits, can loop around the directional
control pedal stubs, limiting the movement of the pedals, which affects
the control of the flight. If this condition exists and is not
corrected during installation, this limitation may not be apparent
until the pedal input is required in flight. This condition, if not
addressed, could result in difficulty controlling the helicopter.
    Accordingly, Canadian AD CF-2017-37 requires modification of the
lanyard attachment location for certain litter kit installations.
Canadian AD CF-2017-37 also specifies that installation of an affected
part number litter kit is prohibited unless the installation conforms
to the requirements of Airbus Helicopters Service Bulletin SB-AHCA-128,
Revision 0, dated March 24, 2017.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of
the costs.

Conclusion

    These helicopters have been approved by the aviation authority of
Canada and are approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with Canada, Transport Canada, its
technical representative, has notified the FAA of the unsafe condition
described in its AD. The FAA reviewed the relevant data and determined
that air safety requires adopting this AD as proposed. Accordingly, the
FAA is issuing this AD to address the unsafe condition on these
helicopters. Except for minor editorial changes, this AD is adopted as
proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Airbus Helicopters Service Bulletin SB-AHCA-128,
Revision 0, dated March 24, 2017. This service information specifies
procedures for modifying the bead chain tether attachment locations for
litter kits with certain part numbers. The modification includes
relocating the bead chain tethers by removing the screws and washers
for the pip pins on the forward bracket assembly; filling the empty
holes with rivets; determining the new locations of and drilling new
holes; and securing the bead chain tethers on the top side of the
forward bracket assembly in the new hole locations. This service
information is reasonably available because the interested parties have
access to it through their normal course of business or by the means
identified in the ADDRESSES section.

Differences Between This AD and the Transport Canada AD

    This AD requires a pre-flight check prior to each flight to
determine if there is interference between the lanyards that hold the
quick release pins to the forward bracket assembly of the litter kit
and the flight controls. This pre-flight check requirement will be
terminated upon completion of the modification of the litter kit
installation. Canadian AD CF-2017-37 does not include a requirement for
the pre-flight check prior to each flight to determine if there is
interference between the lanyards and the flight controls.

Costs of Compliance

    The FAA estimates that this AD affects 967 helicopters of U.S.
Registry. The FAA estimates the following costs to comply with this AD.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Pre-flight check for lanyard       0.5 work-hour x $85              $0  $42.50 per           $41,097.50 per
 interference.                      per hour = $42.50                    inspection cycle.    inspection cycle.
                                    per inspection
                                    cycle.
Modification of lanyard            1 work-hour x $85                 0  $85................  $82,195.
 attachment location.               per hour = $85.
----------------------------------------------------------------------------------------------------------------

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 helicopters identified in this rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

2021-16-16 Airbus Helicopters: Amendment 39-21679; Docket No. FAA-
2021-0449; Project Identifier 2018-SW-001-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective October 13, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Helicopters Model AS350B, AS350BA,
AS350B1, AS350B2, AS350B3, and AS350D helicopters; and Model AS355E,
AS355F, AS355F1, AS355F2, AS355N, and AS355NP helicopters,
certificated in any category, with litter kits installed having any
part number specified in paragraphs (c)(1) through (3) of this AD:
    (1) Part number (P/N) 350-200034 (left-hand litter kit).
    (2) P/N 350-200194 (left-hand litter kit).
    (3) P/N 350-200144 (right-hand litter kit).

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 6700, Rotorcraft
Flight Control.

(e) Unsafe Condition

    This AD was prompted by reports that the lanyards (bead chain
tethers), which hold the quick release pins to the forward bracket
assembly of certain litter kits, can loop around the directional
control pedal stubs, limiting the movement of the pedals, which
affect the control of the flight. The FAA is issuing this AD to
address interference between the litter kit lanyards and the flight
controls. The unsafe condition, if not addressed, could result in
limited flight control movement and difficulty controlling the
helicopter.

(f) Compliance

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

(g) Required Actions

    (1) For litter kits having any part specified in paragraphs
(c)(1) through (3) of this AD: Prior to each flight until the
modification required by paragraph (g)(2) of this AD is
accomplished, do a pre-flight check to determine if there is
interference (e.g. limited movement of the pedals due to the
lanyards that hold the quick release pins to the forward bracket
assembly being looped around the directional control pedal stubs)
between the lanyards that hold the quick release pins to the forward
bracket assembly and the pedals. If interference is found, before
further flight, do the modification required by paragraph (g)(2) of
this AD for the affected litter kit. The pre-flight check may be
performed by the owner/operator (pilot) holding at least a private
pilot certificate and must be entered into the aircraft records
showing compliance with this AD in accordance with Sec.  43.9(a)(1)
through (4) and Sec.  91.417(a)(2)(v). The record must be maintained
as required by Sec.  91.417, Sec.  121.380, or Sec.  135.439.
    (2) Within 25 hours time-in-service (TIS) after the effective
date of this AD, modify the attachment location of the lanyard for
litter kits having any part specified in paragraphs (c)(1) through
(3) of this AD. Do the modification in accordance with paragraph
3.B.2., ``Procedure,'' of the Accomplishment Instructions of Airbus
Helicopters Service Bulletin SB-AHCA-128, Revision 0, dated March
24, 2017.
    Note 1 to paragraph (g): Litter kits, P/N 350-200034 and P/N
350-200194, may have been installed under supplemental type
certificate (STC) SR00406NY (for Model AS355E, AS355F, AS355F1,
AS355F2, AS355N, and AS355NP helicopters) or STC SR00407NY (for
Model AS350B, AS350BA, AS350B1, AS350B2, AS350B3, and AS350D
helicopters). Litter kit P/N 350-200144 may have been installed
under STC SR00458NY (for Model AS350BA, AS350B2, and AS350B3
helicopters).

(h) Parts Installation Limitation

    As of the effective date of this AD, no person may install a
litter kit having a part number identified in paragraphs (c)(1)
through (3) of this AD, on any helicopter, unless the installation
is modified as required by paragraph (g)(2) of this AD.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the International Validation Branch, send
it to the attention of the person identified in paragraph (j)(1) of
this AD. Information may be emailed to<EMAIL_ADDRESS>    (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 this AD, contact Andrea Jimenez,
Aerospace Engineer, COS Program Management Section, Operational
Safety Branch, Compliance & Airworthiness Division, FAA, 1600
Stewart Ave., Mail Stop: Room 410, Westbury, NY 11590; telephone
(516) 228-7330; email<EMAIL_ADDRESS>    (2) For information about AMOCs, contact the Manager,
International Validation Branch, FAA, 10101 Hillwood Pkwy., Fort
Worth, TX 76177; telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (3) The subject of this AD is addressed in Transport Canada AD
CF-2017-37 dated December 19, 2017. You may view the Transport
Canada AD at https://www.regulations.gov in Docket No. FAA-2021-
0449.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Airbus Helicopters Service Bulletin SB-AHCA-128, Revision 0,
dated March 24, 2017.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact
Airbus Helicopters, 2701 North Forum Drive, Grand Prairie, TX 75052;
telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax<PHONE_NUMBER>; or
at https://www.airbus.com/helicopters/services/technical-support.html.
    (4) You may view this service information at the FAA, Office of
the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room
6N-321, Fort Worth, TX 76177. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on July 30, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-19252 Filed 9-7-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: November 20, 2009 (Volume 74, Number 223)]
[Notices]
[Page 60252-60253]
[DOCID:fr20no09-57]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

November 13, 2009.
    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC10-17-000.
    Applicants: Astoria Energy LLC, SUEZ Energy Astoria LLC,CDPQ
Investments (U.S.) Inc., WE Energy Investment LLC,USPF Holdings, LLC,
Robert O. Gurman, JEMB Family LP, EIF Astoria III, LLC,AE Bowery Bay
LLC.
    Description: Astoria Energy LLC et al submits application for
authorization of indirect disposition of jurisdictional facilities and
acquisition of securities, and request for expedited consideration.
    Filed Date: 11/04/2009.
    Accession Number: 20091106-0038.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 25, 2009.

    Docket Numbers: EC10-18-000.
    Applicants: First Solar, Inc., FSE Blythe 1, LLC, NRG Energy, Inc.
    Description: NRG Energy, Inc. et al submits Joint Application for
Authorization under Section 203 of the Federal Power Act, requesting
expedited treatment and request for confidential treatment etc.
    Filed Date: 11/04/2009.
    Accession Number: 20091106-0091.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 25, 2009.

    Docket Numbers: EC10-19-000.
    Applicants: Illinois Power Company.
    Description: Illinois Power Company et al submits request for
approvals pursuant to section 203 of the Federal Power Act and
expedited consideration and shortened notice period.
    Filed Date: 11/10/2009.
    Accession Number: 20091112-0104.
    Comment Date: 5 p.m. Eastern Time on Tuesday, December 01, 2009.

    Docket Numbers: EC10-20-000.
    Applicants: Locust Ridge Wind Farm, LLC, Fortis Energy Marketing &
Trading GP.
    Description: Application for Authorization under Section 203 of the
Federal Power Act of Fortis Energy Marketing & Trading GP and Locust
Ridge Wind Farm, LLC.
    Filed Date: 11/10/2009.
    Accession Number: 20091110-5119.
    Comment Date: 5 p.m. Eastern Time on Tuesday, December 01, 2009.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER08-374-004; EL08-38-003.

    Applicants: Atlantic Path 15, LLC.
    Description: Atlantic Path 15, LLC's Refund Report.
    Filed Date: 11/12/2009.
    Accession Number: 20091112-5164.
    Comment Date: 5 p.m. Eastern Time on Thursday, December 03, 2009.

    Docket Numbers: ER09-153-001; ER09-154-001; ER09-155-001; ER09-156-
001.
    Applicants: Southern Company Services, Inc.
    Description: Refund Report of Southern Company Services, Inc., in
Compliance with Settlement.
    Filed Date: 11/12/2009.
    Accession Number: 20091112-5236.
    Comment Date: 5 p.m. Eastern Time on Thursday, December 03, 2009.

    Docket Numbers: ER10-191-001; EC06-4-003.
    Applicants: LG&E Energy Corporation, E.ON U.S. LLC.
    Description: E.ON U.S. LLC seeks approval to change Applicants
method of (i) complying with Order 888, 889 and 890.
    Filed Date: 11/05/2009.
    Accession Number: 20091106-0086.
    Comment Date: 5 p.m. Eastern Time on Friday, November 27, 2009.

    Docket Numbers: ER10-210-000.
    Applicants: VIRIDIAN ENERGY PA LLC.
    Description: Viridian Energy PA LLC submits petition for acceptance
of initial tariff, waivers and blanket authority.
    Filed Date: 11/09/2009.
    Accession Number: 20091110-0036.
    Comment Date: 5 p.m. Eastern Time on Monday, November 30, 2009.

    Docket Numbers: ER10-225-000.
    Applicants: Major Energy Electric Services.
    Description: Major Energy Electric Services, LLC submits Petition
for Acceptance of Initial Rate Schedule, Waivers and Blanket Authority.
    Filed Date: 11/10/2009.
    Accession Number: 20091113-0135.
    Comment Date: 5 p.m. Eastern Time on Tuesday, December 01, 2009.

    Docket Numbers: ER10-226-000.
    Applicants: Clean Currents, LLC.
    Description: Clean Currents, LLC submits petition for acceptance of
initial rate schedule, waivers and blanket authority.
    Filed Date: 11/09/2009.
    Accession Number: 20091110-0037.
    Comment Date: 5 p.m. Eastern Time on Monday, November 30, 2009.

    Docket Numbers: ER10-228-000.
    Applicants: Star Point Wind Project LLC.
    Description: Star Point Wind Project LLC submits FERC Electric
Tariff, Original Volume No 1.
    Filed Date: 11/06/2009.
    Accession Number: 20091110-0038.
    Comment Date: 5 p.m. Eastern Time on Friday, November 27, 2009.

    Take notice that the Commission received the following PURPA
210(m)(3) filings:

    Docket Numbers: QM09-7-001.
    Applicants: Old Dominion Electric Cooperative, Inc.
    Description: Old Dominion Electric Cooperative Supplemental
Information in support of its Application to Terminate Purchase
Obligation.
    Filed Date: 11/13/2009.
    Accession Number: 20091113-5042.
    Comment Date: 5 p.m. Eastern Time on Friday, December 11, 2009.

    Take notice that the Commission received the following electric
reliability filings:

    Docket Numbers: RR10-2-000.
    Applicants: North American Electric Reliability Corp.
    Description: Petition of the North American Electric Reliability
Corporation for Approval of Amendment to its Delegation Agreements with
Regional Entities to Extend Initial Term of Agreements to May 2011.
    Filed Date: 11/12/2009.
    Accession Number: 20091112-5187.
    Comment Date: 5 p.m. Eastern Time on Thursday, December 03, 2009.

    Docket Numbers: RR10-3-000.
    Applicants: North American Electric Reliability Corp.
    Description: Petition of the North American Electric Reliability
Corporation for Approval of Amendments to its Rules of Procedure to
Reflect Elimination of the Reliability Readiness Evaluation and
Improvement Program.
    Filed Date: 11/12/2009.
    Accession Number: 20091112-5188.
    Comment Date: 5 p.m. Eastern Time on Thursday, December 03, 2009.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E9-27916 Filed 11-19-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 203 (Friday, October 19, 2018)]
[Notices]
[Pages 53147-53149]
[FR Doc No: 2018-22704]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0142]

Parts and Accessories Necessary for Safe Operation; Application
for an Exemption From Castignoli Enterprises

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

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

SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
announces its decision to grant Castignoli Enterprises' (Castignoli)
application for a limited 5-year exemption to allow a sleeper berth to
be installed in the bed of a Ford F350 pickup truck that, when operated
in combination with certain trailers, is a commercial motor vehicle
(CMV) under the Federal Motor Carrier Safety Regulations (FMCSRs). A
sleeper berth installed in the bed of the pickup truck does not meet
the access, location, exit, communication, or occupant restraint
requirements for sleeper berths as prescribed in the FMCSRs. The Agency
has determined that allowing the sleeper berth to be installed in the
bed of the pickup would not have an adverse impact on safety and that
adherence to the terms and conditions of the exemption will likely
achieve a level of safety equivalent to or greater than the level of
safety provided by the regulation.

DATES: This exemption is applicable October 19, 2018 and ending
Thursday, October 19th, 2023.

FOR FURTHER INFORMATION CONTACT: Mr. Luke Loy, Vehicle and Roadside
Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC-
PSV,<PHONE_NUMBER>, Federal Motor Carrier Safety Administration, 1200
New Jersey Avenue SE, Washington, DC 20590-0001.
    Docket: For access to the docket to read background documents or
comments submitted to notice requesting public comments on the
exemption application, go to www.regulations.gov at any time or visit
Room W12-140 on the ground level of the West Building, 1200 New Jersey
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., ET, Monday
through Friday, except Federal holidays. The on-line Federal document
management system is available 24 hours each day, 365 days each year.
The docket number is listed at the beginning of this notice.

SUPPLEMENTARY INFORMATION:

Background

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain parts of the Federal Motor Carrier Safety
Regulations. FMCSA must publish a notice of each exemption request in
the Federal Register (49 CFR 381.315(a)). The Agency must provide the
public an opportunity to inspect the information relevant to the
application, including any safety analyses that have been conducted.
The Agency must also provide an opportunity for public comment on the
request.
    The Agency reviews safety analyses and public comments submitted,
and determines whether granting the exemption would likely achieve a
level of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)) with the reasons for denying or granting the application
and, if granted, the name of the person or class of persons receiving
the exemption, and the regulatory provision from which the exemption is
granted. The notice must also specify the effective period and explain
the terms and conditions of the exemption. The exemption may be renewed
(49 CFR 381.300(b)).

Castignoli's Application for Exemption

    Castignoli applied for an exemption from 49 CFR 393.76(a)(3),
(b)(2), (c), (d), and (h) to allow a sleeper berth to be installed in
the bed of a Ford F350 pickup truck. A copy of the application is
included in the docket referenced at the beginning of this notice.
    Section 393.76 of the FMCSRs provides various requirements for
sleeper berths installed in in CMVs. Specific to Castignoli's exemption
application:
    1. Section 393.76(a)(3), ``Access,'' requires a sleeper berth to be
constructed so that an occupant's ready entrance to, and exit from the
sleeper berth is not unduly hindered.
    2. Section 393.76(b)(2), ``Location,'' requires a sleeper berth
located within the cargo space of a motor vehicle to be securely
compartmentalized from the remainder of the cargo space.
    3. Section 393.76(c), ``Exit from the berth,'' requires a direct
and ready

means of exit from a sleeper berth into the driver's seat or
compartment.
    4. Section 393.76(d), ``Communication with the driver,'' requires a
sleeper berth which is not located within the driver's compartment and
has no direct entrance into the driver's compartment to be equipped
with a means of communication between the occupant and the driver. The
means of communication may consist of a telephone, speaker tube,
buzzer, pull cord, or other mechanical or electrical device.
    5. Section 393.76(h), ``Occupant restraint,'' requires a motor
vehicle manufactured on or after July 1, 1971, and equipped with a
sleeper berth to be equipped with a means of preventing ejection of the
occupant of the sleeper berth during deceleration of the vehicle. The
restraint system must be designed, installed, and maintained to
withstand a minimum total force of 6,000 pounds applied toward the
front of the vehicle and parallel to the longitudinal axis of the
vehicle.
    The applicant states that he is the owner/operator of Castignoli,
and is the ``solo driver of a hot shot hauler, F350 1-ton pickup with
trailer . . .'' \1\ The applicant states that as a solo driver, ``there
is no ready need for access between the sleeper berth and the driver's
compartment.'' In addition, the applicant states:
---------------------------------------------------------------------------

    \1\ In trucking, the term ``hot shot'' commonly refers to either
the truck or the freight--often both. In the former sense, its
normally a Class 3-5 truck used in combination with a variety of
trailers to run for hire freight, whether for a single customer or
less-than-truckload. The truck is often a \3/4\ to 1 \1/2\ ton
pickup outfitted with weight-distributing gooseneck or fifth-wheel-
type connections to a trailer.

    I plan to incorporate the sleeper berth into the bed of the tow
vehicle. The utilization of this type of sleeper berth, would allow
myself (as the sole driver) to meet the hours of [10-hour] service
rest period requirements by utilizing a sleeper berth incorporated
into the bed of the vehicle (Rear covered, ventilated, insulated,
bed with cap and full size twin mattress) in lieu of a motel each
evening. The tow vehicle/trailer combination would not be operating
on the roadway during my 10-hour rest period, so there is no benefit
in having the access requirements to the driver compartment, nor any
need for communication with the driver (myself), nor any occupant
restraint requirement as the vehicle is not moving while I am
sleeping. The sleeper berth is separate from the trailer behind the
tow vehicle, and is therefore separate from the cargo.
    The current FMCSR regulatory requirements for sleeper berth
access seem to rely on the assumption that one driver is driving
while another driver is in the sleeper berth, and that the truck is
moving always. The situation that I have as a single driver is that
when I am off duty, the vehicle is not moving and therefore direct
access to the sleeper berth area should not be required, and since
the vehicle is not moving there is no need for occupant restraint
systems nor a means for communication with the driver. All other
dimensional requirements, ventilation, and protection against
exhaust and fuel leaks will be met.

    The applicant states that because of mobility issues associated
with a partially fused spine, it is easier for him to access a sleeper
berth installed in the bed of the pickup truck as opposed to a sleeper
berth that could be installed in the back seat of the pickup truck that
meets the requirements of the FMCSRs. The exemption would apply only to
Castignoli's sole driver and pickup truck. Castignoli believes that the
sleeper berth installed in the bed of the pickup truck will maintain a
level of safety that is equivalent to, or greater than, the level of
safety achieved without the exemption.

Comments

    FMCSA published a notice of the application in the Federal Register
on April 24, 2018, and asked for public comment (83 FR 17883). The
Agency received sixty-five comments, all from individuals. Nearly all
of the commenters (61) supported the exemption application. These
commenters stated that sleeper berth requirements should be flexible
enough to allow a sleeper berth to be accessed from outside the driver
compartment for solo operators, and without the regulatory requirements
pertaining to access, exit from the berth, communication with the
driver, and occupant restraint for vehicles that are not moving during
the sleeper berth rest period. Two commenters opposed the exemption
application, expressing concerns that a sleeper berth installed in the
bed of a pickup truck will not be large enough to allow the driver
enough space to get adequate rest. Two commenters did not express
support or oppose the exemption application.

FMCSA Decision

    The FMCSA has evaluated the Castignoli exemption application, and
the comments received. The Agency believes that granting the temporary
exemption to allow a sleeper berth to be installed in the pickup truck
bed will provide a level of safety that is equivalent to, or greater
than, the level of safety achieved without the exemption. Sleeper
berths provide an option for drivers to obtain the rest necessary under
the hours-of-service rules in part 395 of the FMCSRs without having to
pay lodging costs at a hotel/motel. In the case of team driving
operations, a sleeper berth allows one person to obtain the necessary
rest (a ``relief driver'') while the other person is driving, allowing
a vehicle to be operated continuously and thereby increasing
productivity.
    Previous rulemakings have specifically noted the use of sleeper
berths by relief drivers in team driving operations. The sleeper berth
requirements were revised in April 1974 to increase the minimum
interior dimensional requirements for sleeper berths in CMVs (39 FR
14710). In that final rule, the Federal Highway Administration's Bureau
of Motor Carrier Safety (the predecessor to FMCSA) stated that ``In
sleeper berth trucking operations it is of critical importance that
relief drivers be fresh and alert when they assume their driving
tasks.'' [Emphasis added.] Additionally, when considering possible
changes to the shape of the sleeper berth, the Bureau of Motor Carrier
Safety stated that use of ``slant-back'' cab designs which incorporate
a slanted rear cab wall and do not provide a rectangular sleeper berth
compartment was not permissible because it ``represents an intrusion
into the relief driver's sleeping space.'' [Emphasis added.]
    In team driving operations, it is important for the person in the
sleeper berth (i.e., the relief driver) to be able to communicate with
the person driving the vehicle, to be able to directly access the
driver's seat or compartment, and to be restrained when the vehicle is
in motion. These provisions are not applicable, however, in the case of
Castignoli where a solo driver is operating a pickup truck and a
trailer, and the sleeper berth is only used by the solo driver when the
vehicle is not in motion. In this operating scenario, FMCSA believes
that as long as the sleeper berth dimensional (Sec.  393.76(a)(1)),
shape (Sec.  393.76(a)(2)), equipment (Sec.  393.76(e)), ventilation
(Sec.  393.76(f)), and protection against exhaust and fuel leaks and
exhaust heat (Sec.  393.76(g)) provisions are satisfied, the solo
driver will be able to obtain the necessary rest and there will be no
degradation in safety. Additionally, the Agency believes that allowing
flexibility in the location of the sleeper berth is likely to improve
the overall level of safety to the motoring public by allowing drivers
additional options to get their mandatory rest periods.

Terms and Conditions for the Exemption

    The Agency hereby grants the exemption for a 5-year period,
beginning October 19, 2018 and ending

Thursday, October 19, 2023. During the temporary exemption period,
Castignoli will be allowed to utilize a sleeper berth installed in the
bed of a pickup truck that, when operated in combination with certain
trailers, is a CMV. The sleeper berth must comply fully with the
requirements of Sec.  393.76(a)(1), Sec.  393.76(a)(2), Sec.
393.76(e), Sec.  393.76(f), and Sec.  393.76(g). The sleeper berth
shall be used only by the owner/operator of Castignoli, and no other
person is permitted to be in the sleeper berth while the vehicle is in
motion.
    The exemption will be valid for 5 years unless rescinded earlier by
FMCSA. The exemption will be rescinded if: (1) Castignoli fails to
comply with the terms and conditions of the exemption; (2) the
exemption has resulted in a lower level of safety than was maintained
before it was granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136(e) and
31315(b).
    Interested parties possessing information that would demonstrate
that Castignoli's use of a sleeper berth installed in the bed of pickup
truck when operating as a CMV is not achieving the requisite statutory
level of safety should immediately notify FMCSA. The Agency will
evaluate any such information and, if safety is being compromised or if
the continuation of the exemption is not consistent with 49 U.S.C.
31136(e) and 31315(b), will take immediate steps to revoke the
exemption.

Preemption

    In accordance with 49 U.S.C. 31313(d), as implemented by 49 CFR
381.600, during the period this exemption is in effect, no State shall
enforce any law or regulation applicable to interstate commerce that
conflicts with or is inconsistent with this exemption with respect to
Castignoli Enterprises operating under the exemption. States may, but
are not required to, adopt the same exemption with respect to
operations in intrastate commerce.

    Issued on: October 10, 2018.
Raymond P. Martinez,
Administrator.
[FR Doc. 2018-22704 Filed 10-18-18; 8:45 am]
 BILLING CODE 4910-EX-P


PAPERWORK REDUCTION ACT SUBMISSION Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency's Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement and any additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW Washington, DC 20503.

1. Agency/ Subagency originating request: USEPA/ Office of Enforcement and Compliance Assurance/ Office of Compliance 2. OMB control number b. G None a. 2060 0253 3. Type of information collection ( check one) a. G New collection b. G Revision of a currently approved collection c. X Extension of a currently approved collection d. G Reinstatement, without change, of a previously approved collection for which approval has expired e. G Reinstatement, with change, of a previously approved collection for which approval has expired f. G Existing collection in use without an OMB control number 4. Type of review requested ( check one) a. X Regular b. G Emergency  Approval requested by: / / c. G Delegated 5. Small entities Will this information collection have a significant economic impact on a substantial number of small entities? G Yes X No For b f, note item A2 of Supporting Statement Instructions 6. Requested expiration date a. X Three years from approval date b. G Other Specify: / /___

7. Title NESHAP for Coke Oven Batteries ( 40 CFR part 63, subpart L) ( Renewal)

8. Agency form number( s) ( If applicable) ICR Number: 1362.06 9. Keywords Coke ovens, coke oven batteries, NESHAP, Hazardous air pollutants 10. Abstract These standards apply to all coke ovens batteries, whether existing, new, reconstructed, rebuilt or restarted. They also apply to all batteries using the conventional by product recovery process, or any new recovery process. Under this rule, all existing batteries must choose one of three compliance approaches that are available under the rule: the " MACT ( Maximum Achievable Control Technology) track," the " LAER ( Lowest Achievable Emission Rate) extension track," and straddling both tracks ( until Jan 1, 1998). Applicability dates vary depending on the emission limitation the affected facility is subject to. This information is being collected to assure compliance with 40 CFR part 63, subpart L. Owners or operators of coke oven batteries, whether existing, new, reconstructed, rebuilt or restarted, are required to comply with monitoring, recordkeeping and reporting requirements.

11. Affected public ( Mark primary with " P" and all others that apply with " X") a. Individuals or households d. Farms b. P Business or other for profit e. Federal Government c. Not for profit institutions f. State, Local or Tribal Government 12. Obligation to respond ( Mark primary with " P" and all others that apply with " X") a. G Voluntary b. G Required to obtain or retain benefits c. P Mandatory 13. Annual reporting and recordkeeping hour burden a. Number of respondents 19 b. Total annual responses 45 1. Percentage of these responses collected electronically 20 _________ % c. Total hours requested 78,938 d. Current OMB inventory 104,659 e. Difference ( 25,721) f. Explanation of difference 1. Program Change 0 2. Adjustment ( 25,721) 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars) a. Total annualized capital/ startup costs $ 0 b. Total annual costs ( O& M) $ 0 c. Total annualized cost requested $ 0 d. Current OMB inventory $ 0 e. Difference $ 0 f. Explanation of difference 1. Program change $ 0 2. Adjustment $ 0 15. Purpose of information collection ( Mark Primary With " P" and all others that apply with " X") a. Application for benefits e. Program planning or management b. Program evaluation f. Research c. General purpose statistics g. P Regulatory or compliance d. __ Audit 16. Frequency of recordkeeping or reporting ( check all that apply) a. X Q Recordkeeping b. Q Third party disclosure c. X Reporting 1. X On occasion 2. Q Weekly 3. Q Monthly 4. Q Quarterly 5. X Semi annually 6. Q Annually 7. Q Biannually 8. X Other ( describe) Initial 17. Statistical methods Does this information collection employ statistical methods?

Q Yes X No 18. Agency contact ( person who can best answer questions regarding the content of this submission) Name: Maria Malave Phone: 202 564 7027 OMB 83 I 10/ 95 19. Certification for Paperwork Reduction Act Submissions On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with' 5 CFR 1320.9.

NOTE: The text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320.8( b)( 3), appear at the end of the instructions. The certification is to be made with reference to those regulatory provisions as set forth in the instructions.

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

( a) It is necessary for the proper performance of agency functions;

( b) It avoids unnecessary duplication;

( c) It reduces burden on small entities;

( d) It uses plain, coherent, and unambiguous terminology that is understandable to respondents;

( e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

( f) It indicates the retention periods for recordkeeping requirements;

( g) It informs respondents of the information called for under 5 CFR 1320.8( b)( 3):

( i) Why the information is being collected; ( ii) Use of information; ( iii) Burden estimate; ( iv) Nature of response ( voluntary, required for a benefit, or mandatory); ( v) Nature and extent of confidentiality; and ( vi) Need to display currently valid OMB control number;

( h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected ( see note in Item 19 of the instructions);

( i) It uses effective and efficient statistical survey methodology; and ( j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in Item 18 of the Supporting Statement.

Signature of Program Official Michael S. Alushin, Director Compliance Assessment and Media Programs Division Office of Compliance Office of Enforcement and Compliance Assurance Date Signature of Senior Official or designee Oscar Morales, Director Collection Strategies Division Office of Environmental Information Date OMB 83 I 10/ 95


[Federal Register Volume 78, Number 175 (Tuesday, September 10, 2013)]
[Notices]
[Pages 55278-55279]
[FR Doc No: 2013-21954]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2013-0813]

Chemical Transportation Advisory Committee

AGENCY: Coast Guard, DHS.

ACTION: Committee Management; Notice of Committee Re-Establishment.

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

SUMMARY: The Secretary of Homeland Security has determined that the re-
establishment of the Chemical Transportation Advisory Committee (CTAC)
is necessary and in the public interest in connection with the
performance of duties of the U.S. Coast Guard.
    Name of Committee: Chemical Transportation Advisory Committee.

ADDRESSES: If you desire to submit comments on this action, they must
be submitted by October 10, 2013. Comments must be identified by (USCG-
2013-0813) and may be submitted by using one of the following methods:
    (1) Federal eRulemaking Portal:  http://www.regulations.gov. Follow
the instructions for submitting comments, which are explained in the
``Submitting Comments'' section of the SUPPLEMENTARY INFORMATION below.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number for the Docket Management Facility is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on the re-
establishment of the CTAC, call or email Mr. Patrick Keffler,
Commandant (CG-ENG-5), Attention CTAC, U.S. Coast Guard, 2703 Martin
Luther King Jr. Avenue SE STOP 7126, Washington DC 20593-7126; email:
<EMAIL_ADDRESS>fax:<PHONE_NUMBER>. If you have questions
on viewing or submitting material to the docket, call Barbara Hairston,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have
provided.

Submitting Comments

    If you submit a comment, please include the docket number for this
notice (USCG-2013-0813), indicate the specific section of this document
to which each comment applies, and provide a reason for each suggestion
or

recommendation. You may submit your comments and material online (via
http://www.regulations.gov) or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online via
www.regulations.gov, it will be considered received by the Coast Guard
when you successfully transmit the comment. If you fax, hand deliver,
or mail your comment, it will be considered as having been received by
the Coast Guard when it is received at the Docket Management Facility.
We recommend that you include your name and a mailing address, an email
address, or a telephone number in the body of your document so that we
can contact you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
insert ``USCG-2013-0813'' in the ``Keyword'' box, and click ``Search.''
Then click on the ''Comment'' link on the line associated with this
notice. If you submit your comments by mail or hand delivery, submit
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable
for copying and electronic filing. If you submit comments by mail and
would like to know that they reached the Facility, please enclose a
stamped, self-addressed postcard or envelope. We will consider all
comments and material received during the comment period.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
insert ``USCG-2013-0813,'' and click ``Search.'' Click the ``Open
Docket Folder'' on the line associated with this notice. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. We have an agreement
with the Department of Transportation to use the Docket Management
Facility.

Privacy Act

    Anyone can search the electronic form of 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 a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

Re-Establishment of the Committee

    For the reasons set forth below, the Secretary of Homeland Security
has determined that the re-establishment of the CTAC is necessary and
in the public interest. This determination follows consultation with
the Committee Management Secretariat, General Services Administration.
    The CTAC is being re-established in accordance with the provisions
of the Federal Advisory Committee Act (FACA) 5 U.S.C. App. (Pub. L. 92-
463). The charter has been modified to clearly describe the points of
view that each member will represent.
    The CTAC provides advice and recommendations to the Department of
Homeland Security (DHS) on matters relating to the safe and secure
marine transportation of hazardous material activities insofar as they
relate to matters within United States Coast Guard's (USCG)
jurisdiction. The Committee's unique industry perspective will provide
critical support to the Coast Guard's efforts to ensure the safety of
the U.S. merchant marine. This information would otherwise have to be
drawn from the broad population involved in marine chemical
transportation. There is no other current entity which can provide the
level of technical expertise and experience that is afforded by this
advisory committee.

Balanced Membership Plans

    The CTAC will consist of a maximum twenty-five (25) members
appointed by the Secretary of Homeland Security. Each member must
represent a point of view directly relevant to at least one of the
following activities associated with marine transportation of hazardous
materials: chemical manufacturing, marine handling or transportation of
chemicals; vessel design and construction; marine safety or security;
and marine environmental protection. To ensure diverse points of view
are consistently maintained, the number of members representing each
activity may vary with the nature of the CTAC's expected assignments
and the relevant experience of the members. All members are appointed
to represent the activities of their respective authority, association,
and/or organization and are not Special Government Employees as defined
in Title 18, United States Code, section 202(a).
    Duration: Continuing.
    Responsible DHS Officials: CTAC will provide advice and
recommendations to the Secretary of the Department of Homeland Security
through the Commandant, USCG and the Deputy Commandant for Operations.

    Dated: September 3, 2013.
J.G. Lantz,
Director of Commercial Regulations and Standards.
[FR Doc. 2013-21954 Filed 9-9-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: August 16, 2006 (Volume 71, Number 158)]
[Notices]
[Page 47194]
[DOCID:fr16au06-61]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2539-003]

Erie Boulevard Hydropower, L.P.; Notice Granting Late
Interventions

August 8, 2006.
    On December 23, 1991, an application was filed by the predecessor
to Erie Boulevard Hydropower, L.P. for a new license for the School
Street Project No. 2539. The project is located on the Mohawk River, in
Albany and Saratoga Counties, New York.
    On February 11, 1993, the Commission issued a notice of application
for new license, and solicited comments, protests, and motions to
intervene. The notice established April 12, 1993, as the deadline for
filing comments, protests, and motions to intervene. On May 3, 1995,
and January 16, 1996, the New York State Department of Environmental
Conservation (NYSDEC) and National Marine Fisheries Service (NMFS)
filed motions to intervene.
    NYSDEC states that it is a department of the government of the
state of New York, charged by law with the administrative management of
the state's fish and wildlife resources. NMFS states that it is
responsible for oversight and evaluation of activities that may affect
marine, estuarine, and anadromous fishery resources, and that the
Mohawk River supports a major spawning run of anadromous blueback
herring.
    The motions to intervene were filed early in this proceeding and
well before the Commission issued its draft environment assessment for
the project. Granting the late motions to intervene will not unduly
delay or disrupt the proceeding, or prejudice other parties to it.\1\
Therefore, pursuant to Rule 214,\2\ the late motions to intervene in
this proceeding filed by NYSDEC and NMFS are granted, subject to the
Commission's rules and regulations.
---------------------------------------------------------------------------

    \1\ Both motions were referenced and these entities' comments
considered in the draft environmental assessment. It appears
inadvertent that the motions were not acted upon at that point.
    \2\ 18 CFR 385.214 (2006).

Magalie R. Salas,
Secretary.
[FR Doc. E6-13366 Filed 8-15-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 67 (Monday, April 8, 2013)]
[Notices]
[Page 20960]
[FR Doc No: 2013-08164]

=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold an Open Meeting on Wednesday, April
10, 2013 at 10:00 a.m., in the Auditorium, Room L-002.
    The subject matter of the Open Meeting will be:

The Commission will consider whether to adopt new rules and guidelines,
jointly with the Commodity Futures Trading Commission, to require
certain entities that are subject to the Commissions' respective
enforcement authorities to establish programs to address risks of
identity theft.

    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact:
    The Office of the Secretary at<PHONE_NUMBER>.

     Dated: April 3, 2013.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2013-08164 Filed 4-4-13; 11:15 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 53 (Monday, March 19, 2012)]
[Notices]
[Pages 16030-16031]
[FR Doc No: 2012-6581]

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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9649-8]

FY2012 Supplemental Funding for Brownfields Revolving Loan Fund
(RLF) Grantees

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of the availability of funds.

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

SUMMARY: EPA's Office of Brownfields and Land Revitalization (OBLR)
plans to make available approximately $7 million to provide
supplemental funds to Revolving Loan Fund capitalization grants
previously awarded competitively under section 104(k)(3) of the
Comprehensive Environmental Response, Compensation and Liability Act
(CERCLA), 42 U.S.C. 9604(k)(3). Brownfields Cleanup Revolving Loan Fund
(BCRLF) pilots awarded under section 104(d)(1) of CERCLA that have not
transitioned to section 104(k)(3) grants are not eligible to apply for
these funds. EPA will consider awarding supplemental funding only to
RLF grantees who have demonstrated an ability to deliver programmatic
results by making at least one loan or subgrant. The award of these
funds is based on the criteria described at CERCLA 104(k)(4)(A)(ii).
    The Agency is now accepting requests for supplemental funding from
RLF grantees. Requests for funding must be submitted to the appropriate
EPA Regional Brownfields Coordinator (listed below) by April 18, 2012.
Funding requests for hazardous substances and/or petroleum funding will
be accepted. Specific information on submitting a request for RLF
supplemental funding is described below and additional information may
be obtained by contacting the EPA Regional Brownfields Coordinator.

DATES: This action is effective March 19, 2012.

ADDRESSES: A request for supplemental funding must be in the form of a
letter addressed to the appropriate Regional Brownfields Coordinator
(see listing below) with a copy to Megan Quinn<EMAIL_ADDRESS>or
U.S. EPA, 1200 Pennsylvania Ave. NW., MC: 5105T, Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Megan Quinn, U.S. EPA,<PHONE_NUMBER>
or the appropriate Brownfields Regional Coordinator.

SUPPLEMENTARY INFORMATION:

Background

    The Small Business Liability Relief and Brownfields Revitalization
Act added section 104(k) to CERCLA to authorize federal financial
assistance for brownfields revitalization, including grants for
assessment, cleanup and job training. Section 104(k) includes a
provision for the EPA to, among other things, award grants to eligible
entities to capitalize Revolving Loan Funds and to provide loans and
subgrants for brownfields cleanup. Section 104(k)(4)(A)(ii) authorizes
EPA to make additional grant funds available to RLF grantees for any
year after the year for which the initial grant is made (noncompetitive
RLF supplemental funding) taking into consideration:

    (I) The number of sites and number of communities that are
addressed by the revolving loan fund;
    (II) The demand for funding by eligible entities that have not
previously received a grant under this subsection;
    (III) The demonstrated ability of the eligible entity to use the
revolving loan fund to enhance remediation and provide funds on a
continuing basis; and
    (IV) Such other similar factors as the [Agency] considers
appropriate to carry out this subsection.

Eligibility

    In order to be considered for supplemental funding, grantees must
demonstrate that they have expended existing funds and that they have a
clear plan for quickly expending requested additional funds. Grantees
must demonstrate that they have made at least one loan or subgrant
prior to applying for this supplemental funding and have significantly
depleted existing available funds. For FY2012, EPA defines
``significantly depleted funds'' as any grant where $250,000-$300,000
or less remains uncommitted for single entities and $300,000-$400,000
or less remains uncommitted for states/large coalitions. Additionally,
the RLF recipient must have demonstrated a need for supplemental
funding based on, among other factors, the number of sites that will be
addressed; demonstrated the ability to make loans and subgrants for
cleanups that can be started and completed expeditiously (i.e.
``shovel-ready'' projects) and will lead to redevelopment; demonstrated
the existence of additional leveraged funds to complete the project in
a timely manner and move quickly from cleanup to redevelopment,
including the use of tax incentives such as new market tax credits,
direct funding or other resources to advance the project to completion;
demonstrated the ability to administer and revolve the capitalization
funding in the RLF grant; demonstrated an ability to use the RLF grant
to address funding gaps for cleanup; and demonstrated that they have
provided a community benefit from past and potential loan(s) and/or
subgrant(s). Special consideration may be given to those communities
affected by auto plant closures or other economic disruptions. Special
consideration may also be given to those grantees that can demonstrate
projects that have a clear prospect of aiding the in-sourcing of
manufacturing capacity and keeping and/or adding jobs, or otherwise
creating jobs, in the affected area. Applicants for supplemental
funding must contact the appropriate Regional Brownfields Coordinator
below to obtain information on the format for supplemental funding
applications for their region. When requesting supplemental funding,
applicants must specify whether they are seeking funding for sites
contaminated by hazardous substances or petroleum. Applicants may
request both types of funding.

                                                Regional Contacts
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
Region & states                                                                Address/Phone number/Email
----------------------------------------------------------------------------------------------------------------
EPA Region 1, Diane Kelley,               CT, ME, MA, NH, RI, VT.....  One Congress Street, Suite 1100, Boston,
<EMAIL_ADDRESS>                                                 MA 02114-2023, Phone<PHONE_NUMBER>, Fax
<PHONE_NUMBER>.
EPA Region 2, Lya Theodoratos,            NJ, NY, PR, VI.............  290 Broadway, 18th Floor, New York, NY
<EMAIL_ADDRESS>                                              10007, Phone<PHONE_NUMBER>, Fax (212)
                                                                        637-4360.
EPA Region 3, Tom Stolle,                 DE, DC, MD, PA, VA, WV.....  1650 Arch Street, Mail Code 3HS51,
<EMAIL_ADDRESS>                                                   Philadelphia, Pennsylvania 19103, Phone
<PHONE_NUMBER>, Fax<PHONE_NUMBER>.
EPA Region 4, Phil Vorsatz,               AL, FL, GA, KY, MS, NC, SC,  Atlanta Federal Center, 61 Forsyth
<EMAIL_ADDRESS>                  TN.                          Street, S.W., 10TH FL, Atlanta, GA 30303-
                                                                        8960, Phone<PHONE_NUMBER> Fax (404) 562-
                                                                        8439.
EPA Region 5, Deborah Orr,                IL, IN, MI, MN, OH, WI.....  77 West Jackson Boulevard, Mail Code SE-
<EMAIL_ADDRESS>                                                  4J, Chicago, Illinois 60604-3507, Phone
<PHONE_NUMBER>, Fax<PHONE_NUMBER>.
EPA Region 6, Mary Kemp,                  AR, LA, NM, OK, TX.........  1445 Ross Avenue, Suite 1200 (6SF-PB),
<EMAIL_ADDRESS>                                                    Dallas, Texas 75202-2733, Phone (214)
                                                                        665-8358, Fax<PHONE_NUMBER>.
EPA Region 7, Susan Klein,                IA, KS, MO, NE.............  901 N. 5th Street, Kansas City, Kansas
<EMAIL_ADDRESS>                                                  66101, Phone<PHONE_NUMBER> Fax (913)
                                                                        551-8688.
EPA Region 8, Dan Heffernan,              CO, MT, ND, SC, UT, WY.....  1595 Wynkoop Street (EPR-B), Denver, CO
<EMAIL_ADDRESS>                                             80202-1129, Phone<PHONE_NUMBER>, Fax
<PHONE_NUMBER>.
EPA Region 9, Noemi Emeric-Ford, Emeric-  AZ, CA, HI, NV, AS, GU.....  75 Hawthorne Street, WST-8, San
<EMAIL_ADDRESS>                                                   Francisco, CA 94105, Phone (213) 244-
                                                                        1821, Fax<PHONE_NUMBER>.
EPA Region 10, Susan Morales,             AK, ID, OR, WA.............  1200 Sixth Avenue, Suite 900, Mailstop:
<EMAIL_ADDRESS>                                                ECL-112 Seattle, WA 98101, Phone (206)
                                                                        553-7299, Fax<PHONE_NUMBER>.
----------------------------------------------------------------------------------------------------------------

    Dated: March 13, 2012.
Gail A. Cooper,
Acting Director, Office of Brownfields and Land Revitalization, Office
of Solid Waste and Emergency Response.
[FR Doc. 2012-6581 Filed 3-16-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 173 (Wednesday, September 7, 2016)]
[Notices]
[Pages 61677-61679]
[FR Doc No: 2016-21421]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF15-25-000]

Freeport LNG Development, L.P.; Supplemental Notice of Intent To
Prepare an Environmental Assessment for the Planned Freeport LNG Train
4 Project and Request for Comments on Environmental Issues

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of the expanded Freeport LNG Train 4
Project (Project) involving construction and operation of facilities by
Freeport LNG Development, L.P. (Freeport LNG) in Brazoria County,
Texas. The Commission will use this EA in its decision-making process
to determine whether the planned project is in the public interest.
    We \1\ are issuing this supplemental notice to inform the public of
changes to the originally proposed Project. Freeport LNG has modified
the planned Project by deleting the non-jurisdictional feed-gas
pipeline previously planned to provide gas to the Liquefaction Plant on
Quintana Island. To replace the feed gas, Freeport LNG plans to
construct a FERC-jurisdictional pipeline extending from the meter
station at Stratton Ridge to the Pretreatment Plant on Levee Road/State
Road 690 and then to the Liquefaction Plant on Quintana Island. The
Pretreatment Plant would be expanded to handle the additional gas
processing.
---------------------------------------------------------------------------

    \1\ ``We,'' ``us,'' and ``our'' refer to the environmental staff
of the Commission's Office of Energy Projects.
---------------------------------------------------------------------------

    The comment period for the original scoping notice of the Project
was from August 19, 2015 to September 18, 2015. This supplemental
notice announces the opening of an additional scoping period the
Commission will use to gather input from the new landowners potentially
affected by changed to the planned Project, and inform interested
agencies of the changes
    As the modifications would affect new landowners; therefore, the
Commission is issuing this supplemental notice to provide these new
landowners an opportunity to comment on the Project. You can access
detailed mapping of the modifications to the proposed pipeline route on
the Commission's Web site (www.ferc.gov) using eLibrary. For
instructions on connecting to eLibrary, refer to the last page of this
notice.
    Comments submitted during the original comment period have been
made part of the docket and do not need to be resubmitted.
    You can make a difference by providing us with your specific
comments or concerns about the Project. Your comments should focus on
the potential environmental effects, reasonable alternatives, and
measures to avoid or lessen environmental impacts. Your input will help
the Commission staff determine what issues they need to evaluate in the
EA. To ensure that your comments are timely and properly recorded,
comments may be submitted in writing as described in the public
participation section of this notice. Please note that comments on this
supplemental notice should be filed with the Commission by October 3,
2016.
    This notice is being sent to the Commission's current environmental
mailing list for this project. State and local government
representatives should notify their constituents of this planned
project and encourage them to comment on their areas of concern.
    A fact sheet prepared by the FERC entitled ``An Interstate Natural
Gas Facility On My Land? What Do I Need To Know?'' is available for
viewing on the FERC Web site (www.ferc.gov). This fact sheet addresses
a number of typically asked questions and how to participate in the
Commission's proceedings.

Public Participation

    For your convenience, there are three methods you can use to submit
your comments to the Commission. The Commission encourages electronic
filing of comments and has expert staff available to assist you at
(202) 502-8258 or<EMAIL_ADDRESS>Please carefully follow these
instructions so that your comments are properly recorded.
    (1) You can file your comments electronically using the eComment
feature on the Commission's Web site (www.ferc.gov) under the link to
Documents and Filings. This is an easy method for submitting brief,
text-only comments on a project;
    (2) You can file your comments electronically by using the eFiling
feature on the Commission's Web site (www.ferc.gov) under the link to
Documents and Filings. With eFiling, you can provide comments in a
variety of formats by attaching them as a file with your submission.
New eFiling users must first create an account by clicking on
``eRegister.'' If you are filing a comment on a particular project,
please select ``Comment on a Filing'' as the filing type; or
    (3) You can file a paper copy of your comments by mailing them to
the following address. Be sure to reference the project docket number
(PF15-25-000) with your submission: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE., Room 1A,
Washington, DC 20426.

Summary of the Planned Project

    Freeport LNG intends to add a fourth liquefaction unit (Train 4), a
supply pipeline, and associated infrastructure and utilities to
Freeport LNG's natural gas Liquefaction Plant on Quintana Island in
Brazoria County, Texas (Appendix 1, Figure 1). The Project would be
located adjacent to the facilities authorized and currently under
construction for the Phase II

Modification Project (Docket No. CP12-29-000) and Liquefaction Project
(Docket No. CP12-509-000), which comprises three liquefaction trains
and related facilities. The planned Train 4 liquefaction unit would be
within the existing Freeport LNG site boundary. The modified and
extended pipeline route (Apendix 1, Figure 3) would connect the
existing Stratton Ridge meter station, the proposed pretreatment unit
within the existing Pretreatment Plant, and the existing Liquefaction
Plant.
    Freeport LNG would expand the Pretreatment Plant that was approved
under Docket CP12-509 (Appendix 1, Figure 2).
    Freeport LNG indicates that the Train 4 Project would provide
additional liquefaction capacity of approximately 5.1 million metric
tonnes per annum (``mtpa'') of LNG for export. The additional
liquefaction capacity provided by Train 4 would equate to a natural gas
throughput capacity of approximately 0.74 billion cubic feet per day.
This would enable Freeport LNG to respond favorably and proactively to
short- and longer-term fluctuations in domestic and global gas markets.
    The Freeport LNG Train 4 Project would consist of the following
major components:

Quintana Island Terminal

 A propane pre-cooled mixed refrigerant LNG unit
 An electrical high-voltage substation

Pretreatment Plant

 A natural gas pretreatment unit
 Tank storage for amine solution, aqueous ammonia, heating
medium, slop, and demineralized water
 Inlet and outlet compression
 Emergency electric generator
 An electric substation

Pipeline Facilities

 An 11.5-mile-long, 42-inch-diameter pipeline with a maximum
allowable operating pressure of 1,440 pounds per square inch between
the existing Stratton Ridge meter station, Pretreatment Plant, and the
Quintana Island Terminal
 Pig launcher and receiver
 Mainline valves
 Stratton Ridge Meter Station

    The general locations of project facilities are shown in Appendix
1.\2\
---------------------------------------------------------------------------

    \2\ The appendices referenced in this notice will not appear in
the Federal Register. Copies of the appendices were sent to all
those receiving this notice in the mail and are available at
www.ferc.gov using the link called ``eLibrary'' or from the
Commission's Public Reference Room, 888 First Street NE.,
Washington, DC 20426, or call<PHONE_NUMBER>. For instructions on
connecting to eLibrary, refer to the last page of this notice.
---------------------------------------------------------------------------

Land Requirements for Construction

    The operational and construction footprint for the Train 4 Project
would be primarily within Freeport LNG's previously disturbed areas
authorized as part of the Liquefaction and Phase II Modification
Projects (Docket Nos. CP12-29-000 and CP12-509-000) on Quintana Island
in Brazoria County, Texas.
    The Train 4 Project would affect about 558 acres during
construction and the permanent operational footprint would be about 235
acres. Following construction, temporary construction areas would be
restored and revert to former uses in areas other than the Quintana
Island Terminal and Pretreatment Plant which have been disturbed by
prior and present construction. These areas would be permanently
maintained for industrial use.

The EA Process

    The National Environmental Policy Act (NEPA) requires the
Commission to take into account the environmental impacts that could
result from an action whenever it considers an authorization to export
natural gas under Section 3 of the Natural Gas Act. NEPA also requires
us to discover and address concerns the public may have about
proposals. This process is referred to as scoping. The main goal of the
scoping process is to focus the analysis in the EA on the important
environmental issues. By this notice, the Commission requests public
comments on the scope of the issues to address in the EA. We will
consider all filed comments during the preparation of the EA.
    In the EA we will discuss impacts that could occur as a result of
the construction and operation of the planned project under these
general headings:

 geology and soils;
 land use;
 water resources, fisheries, and wetlands;
 cultural resources;
 vegetation and wildlife;
 endangered and threatened species;
 socioeconomics;
 visual impacts;
 air quality and noise;
 public safety; and
 cumulative impacts.

    We will also evaluate possible alternatives to the planned project
or portions of the project, and make recommendations on how to lessen
or avoid impacts on the various resource areas.
    Although no formal application has been filed, we have already
initiated our NEPA review under the Commission's pre-filing process.
The purpose of the pre-filing process is to encourage early involvement
of interested stakeholders and to identify and resolve issues before
the FERC receives an application. As part of our pre-filing review, we
have begun to contact some federal and state agencies to discuss their
involvement in the scoping process and the preparation of the EA.
    The EA will present our independent analysis of the issues. The EA
will be available in the public record through eLibrary. If we publish
and distribute the EA to the public there will be an allotted comment
period. We will consider all comments on the EA before we make our
recommendations to the Commission. To ensure we have the opportunity to
consider and address your comments, please carefully follow the
instructions in the Public Participation section, beginning on page 2.
    With this notice, we are asking agencies with jurisdiction by law
and/or special expertise with respect to the environmental issues
related to this project to formally cooperate with us in the
preparation of the EA.\3\ Agencies that would like to request
cooperating agency status should follow the instructions for filing
comments provided under the Public Participation section of this
notice. Currently, the U.S. Department of Transportation, and the U.S.
Department of Energy, Office of Fossil Energy have expressed their
intention to participate as cooperating agencies in the preparation of
the EA to satisfy their NEPA responsibilities related to this project.
---------------------------------------------------------------------------

    \3\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40, Code of Federal
Regulations, Part 1501.6.
---------------------------------------------------------------------------

Consultations Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations for section 106 of the National Historic
Preservation Act, we are using this notice to initiate consultation
with the applicable State Historic Preservation Office(s), and to
solicit their views and those of other government agencies, interested
Indian tribes, and the public on the project's potential effects on
historic properties.\4\ We will define the

project-specific Area of Potential Effects (APE) in consultation with
the SHPO(s) as the project develops. On natural gas facility projects,
the APE at a minimum encompasses all areas subject to ground
disturbance (examples include construction right-of-way, contractor/
pipe storage yards, compressor stations, and access roads). Our EA for
this project will document our findings on the impacts on historic
properties and summarize the status of consultations under section 106.
---------------------------------------------------------------------------

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

Currently Identified Environmental Issues

    We have already identified several issues that we think deserve
attention based on a preliminary review of the planned facilities and
the environmental information provided by Freeport LNG. This
preliminary list of issues may change based on your comments and our
analysis.

 geology and soils
 water resources, fisheries, and wetlands
 visual impacts
 noise and air emissions
 traffic
 cumulative impacts

Environmental Mailing List

    The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American Tribes; other
interested parties; and local libraries and newspapers. This list also
includes all affected landowners (as defined in the Commission's
regulations) who are potential right-of-way grantors, whose property
may be used temporarily for project purposes, or who own homes within
certain distances of aboveground facilities, and anyone who submits
comments on the project. We will update the environmental mailing list
as the analysis proceeds to ensure that we send the information related
to this environmental review to all individuals, organizations, and
government entities interested in and/or potentially affected by the
planned project.
    If we publish and distribute the EA, copies of the EA will be sent
to the environmental mailing list for public review and comment. If you
would prefer to receive a paper copy of the document instead of the CD
version or would like to remove your name from the mailing list, please
return the attached Information Request (Appendix 2).

Becoming an Intervenor

    Once Freeport LNG files its application with the Commission, you
may want to become an ``intervenor,'' which is an official party to the
Commission's proceeding. Intervenors play a more formal role in the
process and are able to file briefs, appear at hearings, and be heard
by the courts if they choose to appeal the Commission's final ruling.
An intervenor formally participates in the proceeding by filing a
request to intervene. Motions to intervene are more fully described at:
http://www.ferc.gov/resources/guides/how-to/intervene.asp.
    Instructions for becoming an intervenor are in the ``Document-less
Intervention Guide'' under the ``e-filing'' link on the Commission's
Web site. Please note that the Commission will not accept requests for
intervenor status at this time. You must wait until the Commission
receives a formal application for the project.

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC Web site (www.ferc.gov) using the eLibrary link. Click on the
eLibrary link, click on ``General Search'' and enter the docket number,
excluding the last three digits in the Docket Number field (i.e., PF15-
25). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to www.ferc.gov/docs-filing/esubscription.asp.
    Finally, public meetings or site visits will be posted on the
Commission's calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.

    Dated: August 31, 2016.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2016-21421 Filed 9-6-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 189 (Thursday, September 29, 2016)]
[Notices]
[Pages 67057-67058]
[FR Doc No: 2016-23560]

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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2016-0093; Notice 1]

General Motors, LLC, Receipt of Petition for Decision of
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Receipt of petition.

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

SUMMARY: General Motors, LLC (GM), has determined that certain model
year (MY) 2016-2017 Cadillac CTS, CT6, XTS and Escalade motor vehicles
do not fully comply with paragraph S5.5.5(a) of Federal Motor Vehicle
Safety Standard (FMVSS) No. 135, Light Vehicle Brake Systems. GM filed
a report dated August 17, 2016, pursuant to 49 CFR part 573, Defect and
Noncompliance Responsibility and Reports. GM then petitioned NHTSA
under 49 CFR part 556 for a decision that the subject noncompliance is
inconsequential as it relates to motor vehicle safety.

DATES: The closing date for comments on the petition is October 31,
2016.

ADDRESSES: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket and notice number cited in the title of this notice and be
submitted by any of the following methods:
     Mail: Send comments by mail addressed to 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 Deliver: Deliver comments by hand to U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590. The
Docket Section is open on weekdays from 10 a.m. to 5 p.m. except
Federal Holidays.
     Electronically: Submit comments electronically by logging
onto the Federal Docket Management System (FDMS) Web site at https://www.regulations.gov/. Follow the online instructions for submitting
comments.
     Comments may also be faxed to<PHONE_NUMBER>.
    Comments must be written in the English language, and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that comments you have submitted by mail were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to https://www.regulations.gov, including any personal information
provided.
    The petition, supporting materials, and all comments received
before the close of business on the closing date indicated above will
be filed in the docket and will be considered. All comments and
supporting materials received after the closing date will also be filed
and will be considered to the extent possible.
    When the petition is granted or denied, notice of the decision will
also be published in the Federal Register pursuant to the authority
indicated at the end of this notice.
    All documents submitted to the docket may be viewed by anyone at
the address and times given above. The documents may also be viewed on
the Internet at https://www.regulations.gov by following the online
instructions for accessing the dockets. The docket ID number for this
petition is shown in the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a
Federal Register notice published on April 11, 2000 (65 FR 19477-78).

SUPPLEMENTARY INFORMATION:
    I. Overview: Pursuant to 49 U.S.C. 30118(d) and 30120(h) and their
implementing regulations at 49 CFR part 556, GM submitted a petition
for an exemption from the notification and remedy requirements of 49
U.S.C. Chapter 301 on the basis that this noncompliance is
inconsequential as it relates to motor vehicle safety.
    This notice of receipt of GM's petition is published under 49
U.S.C. 30118 and 30120 and does not represent any agency decision or
other exercise of judgment concerning the merits of the petition.
    II. Vehicles Involved: Affected are 46,205 of the following MY
2016-2017 Cadillac motor vehicles manufactured between March 10, 2015,
and June 13, 2016:

 Cadillac CT6
 Cadillac CTS
 Cadillac Escalade
 Cadillac Escalade ESV
 Cadillac XTS

    III. Noncompliance: GM explains that the noncompliance is that when
the parking brake is applied on the subject vehicles the telltale light
that illuminates within the cluster does not meet the lettering height
requirements as specified in paragraph S5.5.5(a) of FMVSS No. 135 and
also referenced in table 1; column 1, of FMVSS No. 101. Specifically,
the lettering height for the telltale on the subject vehicles is 2.44
mm when it should be a minimum height of 3.2 mm.
    IV. Rule Text: Paragraph S5.5.5(a) of FMVSS No. 135 states, in
pertinent part:

    S5.5.5 Labeling. (a) Each visual indicator shall display a word
or words in accordance with the requirements of Standard No. 101 (49
CFR 571.101) and this section, which shall be legible to the driver
under all daytime and nighttime conditions when activated. Unless
otherwise specified, the words shall have letters not less than 3.2
mm (\1/8\ inch) high and the letters and background shall be of
contrasting colors, one of which is red . . .

    V. Summary of GM's Petition: GM described the subject noncompliance
and stated its belief that the noncompliance is inconsequential as it
relates to motor vehicle safety.
    In support of its petition, GM submitted the following reasoning:
    (a) The park brake applied telltale (identified by the word
``PARK'') is red in color contrasted against a black screen, as
required by S5.5.5(a) and (d)(4), conspicuously located and readily
visible at the top left-of-center position of the instrument panel
cluster. Additionally, the four letters of the word ``PARK'' are all
capitalized such

that the 2.44 mm height is preserved across the width of the word.
    (b) In addition to the park brake applied telltale required by
FMVSS No. 135, all of the affected vehicles also have a driver
information center (DIC) message ``Park Brake Set'' that illuminates
when the parking brake is applied. The lettering height of this DIC
message is 3.24 mm, greater than the 3.2 mm minimum specified for
visual indicators in FMVSS No. 135. The DIC message is also
substantially wider than the typical width of the telltale required by
the standard. The redundant telltale and the DIC message, assure ample
communication to the driver that the parking brake is applied.
    (c) The operation and performance of the park brake itself is
unaffected by this telltale condition. The park brake complies with all
applicable requirements of FMVSS No. 135.
    (d) The NHTSA has previously granted inconsequential treatment for
labeling issues across various motor vehicle safety standards,
including for discrepancies involving lettering height, missing
information, incorrect information, and misplaced or obscured
information. For example, two comparable petitions for inconsequential
treatment involving brake telltale lettering height were granted to Kia
and Hyundai (reference Docket numbers ``NHTSA-2004-17439'', Notice 2
and ``NHTSA-2004-17439'' (sic), Notice 2, published in the Federal
Register on July 8, 2004, and July 9, 2004, respectively). The Kia
petition cited multiple previous petitions for inconsequential
treatment for brake telltale noncompliance granted by NHTSA, and we ask
to incorporate them here by reference.
    (e) After searching VOQ, TREAD and internal GM databases, GM is not
aware of any crashes, injuries, or customer complaints associated with
this condition.
    (f) GM has corrected this condition in production. All vehicles
produced after June 13, 2016, comply with the telltale lettering height
specified in FMVSS No. 135.
    GM concluded by expressing the belief that the subject
noncompliance is inconsequential as it relates to motor vehicle safety,
and that its petition to be exempted from providing notification of the
noncompliance, as required by 49 U.S.C. 30118, and a remedy for the
noncompliance, as required by 49 U.S.C. 30120, should be granted.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance. Therefore, any decision on
this petition only applies to the subject vehicles that GM no longer
controlled at the time it determined that the noncompliance existed.
However, any decision on this petition does not relieve vehicle
distributors and dealers of the prohibitions on the sale, offer for
sale, or introduction or delivery for introduction into interstate
commerce of the noncompliant vehicles under their control after GM
notified them that the subject noncompliance existed.

    Authority:  (49 U.S.C. 30118, 30120: delegations of authority at
49 CFR 1.95 and 501.8).

Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2016-23560 Filed 9-28-16; 8:45 am]
BILLING CODE 4910-59-P