[Federal Register Volume 88, Number 163 (Thursday, August 24, 2023)]
[Notices]
[Pages 57949-57950]
[FR Doc No: 2023-18256]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP23-528-000]

Midwestern Gas Transmission Company; Notice of Request Under
Blanket Authorization and Establishing Intervention and Protest
Deadline

    Take notice that on August 10, 2023, Midwestern Gas Transmission
Company (Midwestern), 100 West Fifth Street, Tulsa, Oklahoma 74105,
filed in the above referenced docket, a prior notice request pursuant
to sections 157.205, 157.208, and 157.210 of the Commission's
regulations under the Natural Gas Act (NGA), and Midwestern's blanket
certificate issued in Docket No. CP82-414-000, for authorization to
increase southbound transportation capability along Midwestern's
existing mainline by adding pressure control at two existing mainline
valve sites and modifying Midwestern's existing Hartford Compressor
Station to allow for bi-directional flow. All of the above facilities
are located in Edgar and Vermilion Counties, Illinois, and Ohio County,
Kentucky (MGT Southbound Project). The project will allow Midwestern to
add an incremental expansion capacity of 158,000 dekatherms per day of
firm transportation service on Midwestern's mainline. The estimated
cost for the project is $6,400,000, all as more fully set forth in the
request which is on file with the Commission and open to public
inspection.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (www.ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room. For assistance, contact the Federal Energy Regulatory
Commission at [email protected] or call toll-free, (886) 208-
3676 or TTY<PHONE_NUMBER>.
    Any questions concerning this request should be directed to: Denise
Adams, Director, Regulatory Affairs, Midwestern Gas Transmission
Company, 100 West 5th Street, ONEOK Plaza, Tulsa, Oklahoma 74103, by
phone at<PHONE_NUMBER> or by email at [email protected].

Public Participation

    There are three ways to become involved in the Commission's review
of this project: you can file a protest to the project, you can file a
motion to intervene in the proceeding, and you can file comments on the
project. There is no fee or cost for filing protests, motions to
intervene, or comments. The deadline for filing protests, motions to
intervene, and comments is 5:00 p.m. Eastern Time on October 17, 2023.
How to file protests, motions to intervene, and comments is explained
below.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

Protests

    Pursuant to section 157.205 of the Commission's regulations under
the

NGA,\1\ any person \2\ or the Commission's staff may file a protest to
the request. If no protest is filed within the time allowed or if a
protest is filed and then withdrawn within 30 days after the allowed
time for filing a protest, the proposed activity shall be deemed to be
authorized effective the day after the time allowed for protest. If a
protest is filed and not withdrawn within 30 days after the time
allowed for filing a protest, the instant request for authorization
will be considered by the Commission.
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    \1\ 18 CFR 157.205.
    \2\ Persons include individuals, organizations, businesses,
municipalities, and other entities. 18 CFR 385.102(d).
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    Protests must comply with the requirements specified in section
157.205(e) of the Commission's regulations,\3\ and must be submitted by
the protest deadline, which is October 17, 2023. A protest may also
serve as a motion to intervene so long as the protestor states it also
seeks to be an intervenor.
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    \3\ 18 CFR 157.205(e).
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Interventions

    Any person has the option to file a motion to intervene in this
proceeding. Only intervenors have the right to request rehearing of
Commission orders issued in this proceeding and to subsequently
challenge the Commission's orders in the U.S. Circuit Courts of Appeal.
    To intervene, you must submit a motion to intervene to the
Commission in accordance with Rule 214 of the Commission's Rules of
Practice and Procedure \4\ and the regulations under the NGA \5\ by the
intervention deadline for the project, which is October 17, 2023. As
described further in Rule 214, your motion to intervene must state, to
the extent known, your position regarding the proceeding, as well as
your interest in the proceeding. For an individual, this could include
your status as a landowner, ratepayer, resident of an impacted
community, or recreationist. You do not need to have property directly
impacted by the project in order to intervene. For more information
about motions to intervene, refer to the FERC website at https://www.ferc.gov/resources/guides/how-to/intervene.asp.
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    \4\ 18 CFR 385.214.
    \5\ 18 CFR 157.10.
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    All timely, unopposed motions to intervene are automatically
granted by operation of Rule 214(c)(1). Motions to intervene that are
filed after the intervention deadline are untimely and may be denied.
Any late-filed motion to intervene must show good cause for being late
and must explain why the time limitation should be waived and provide
justification by reference to factors set forth in Rule 214(d) of the
Commission's Rules and Regulations. A person obtaining party status
will be placed on the service list maintained by the Secretary of the
Commission and will receive copies (paper or electronic) of all
documents filed by the applicant and by all other parties.

Comments

    Any person wishing to comment on the project may do so. The
Commission considers all comments received about the project in
determining the appropriate action to be taken. To ensure that your
comments are timely and properly recorded, please submit your comments
on or before October 17, 2023. The filing of a comment alone will not
serve to make the filer a party to the proceeding. To become a party,
you must intervene in the proceeding.

How to File Protests, Interventions, and Comments

    There are two ways to submit protests, motions to intervene, and
comments. In both instances, please reference the Project docket number
CP23-528-000 in your submission.
    (1) You may file your protest, motion to intervene, and comments by
using the Commission's eFiling feature, which is located on the
Commission's website (www.ferc.gov) under the link to Documents and
Filings. New eFiling users must first create an account by clicking on
``eRegister.'' You will be asked to select the type of filing you are
making; first select ``General'' and then select ``Protest'',
``Intervention'', or ``Comment on a Filing''; or \6\
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    \6\ Additionally, you may file your comments electronically by
using the eComment feature, which is located on the Commission's
website at www.ferc.gov under the link to Documents and Filings.
Using eComment is an easy method for interested persons to submit
brief, text-only comments on a project.
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    (2) You can file a paper copy of your submission by mailing it to
the address below. Your submission must reference the Project docket
number CP23-528-000.

To file via USPS: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426
To file via any other method: Kimberly D. Bose, Secretary, Federal
Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland
20852

    The Commission encourages electronic filing of submissions (option
1 above) and has eFiling staff available to assist you at (202) 502-
8258 or [email protected].
    Protests and motions to intervene must be served on the applicant
either by mail or email (with a link to the document) at: Denise Adams,
Director, Regulatory Affairs, Midwestern Gas Transmission Company, 100
West 5th Street, ONEOK Plaza, Tulsa, Oklahoma 74103, or by email at
[email protected].
    Any subsequent submissions by an intervenor must be served on the
applicant and all other parties to the proceeding. Contact information
for parties can be downloaded from the service list at the eService
link on FERC Online.

Tracking the Proceeding

    Throughout the proceeding, additional information about the project
will be available from the Commission's Office of External Affairs, at
(866) 208-FERC, or on the FERC website at www.ferc.gov using the
``eLibrary'' link as described above. The eLibrary link also provides
access to the texts of all 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. For more information and to register, go to
www.ferc.gov/docs-filing/esubscription.asp.

    Dated: August 18, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-18256 Filed 8-23-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: January 26, 2010 (Volume 75, Number 16)]
[Rules and Regulations]
[Page 4000-4004]
[DOCID:fr26ja10-8]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-8113]

Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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SUMMARY: This rule identifies communities, where the sale of flood
insurance has been authorized under the National Flood Insurance
Program (NFIP), that are scheduled for suspension on the effective
dates listed within this rule because of noncompliance with the
floodplain management requirements of the program. If the Federal
Emergency Management Agency (FEMA) receives documentation that the
community has adopted the required floodplain management measures prior
to the effective suspension date given in this rule, the suspension
will not occur and

a notice of this will be provided by publication in the Federal
Register on a subsequent date.

DATES: Effective Dates: The effective date of each community's
scheduled suspension is the third date (``Susp.'') listed in the third
column of the following tables.

FOR FURTHER INFORMATION CONTACT: If you want to determine whether a
particular community was suspended on the suspension date or for
further information, contact David Stearrett, Mitigation Directorate,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase
flood insurance which is generally not otherwise available. In return,
communities agree to adopt and administer local floodplain management
aimed at protecting lives and new construction from future flooding.
Section 1315 of the National Flood Insurance Act of 1968, as amended,
42 U.S.C. 4022, prohibits flood insurance coverage as authorized under
the NFIP, 42 U.S.C. 4001 et seq.; unless an appropriate public body
adopts adequate floodplain management measures with effective
enforcement measures. The communities listed in this document no longer
meet that statutory requirement for compliance with program
regulations, 44 CFR part 59. Accordingly, the communities will be
suspended on the effective date in the third column. As of that date,
flood insurance will no longer be available in the community. However,
some of these communities may adopt and submit the required
documentation of legally enforceable floodplain management measures
after this rule is published but prior to the actual suspension date.
These communities will not be suspended and will continue their
eligibility for the sale of insurance. A notice withdrawing the
suspension of the communities will be published in the Federal
Register.
    In addition, FEMA has identified the Special Flood Hazard Areas
(SFHAs) in these communities by publishing a Flood Insurance Rate Map
(FIRM). The date of the FIRM, if one has been published, is indicated
in the fourth column of the table. No direct Federal financial
assistance (except assistance pursuant to the Robert T. Stafford
Disaster Relief and Emergency Assistance Act not in connection with a
flood) may legally be provided for construction or acquisition of
buildings in identified SFHAs for communities not participating in the
NFIP and identified for more than a year, on FEMA's initial flood
insurance map of the community as having flood-prone areas (section
202(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4106(a),
as amended). This prohibition against certain types of Federal
assistance becomes effective for the communities listed on the date
shown in the last column. The Administrator finds that notice and
public comment under 5 U.S.C. 553(b) are impracticable and unnecessary
because communities listed in this final rule have been adequately
notified.
    Each community receives 6-month, 90-day, and 30-day notification
letters addressed to the Chief Executive Officer stating that the
community will be suspended unless the required floodplain management
measures are met prior to the effective suspension date. Since these
notifications were made, this final rule may take effect within less
than 30 days.
    National Environmental Policy Act. This rule is categorically
excluded from the requirements of 44 CFR part 10, Environmental
Considerations. No environmental impact assessment has been prepared.
    Regulatory Flexibility Act. The Administrator has determined that
this rule is exempt from the requirements of the Regulatory Flexibility
Act because the National Flood Insurance Act of 1968, as amended, 42
U.S.C. 4022, prohibits flood insurance coverage unless an appropriate
public body adopts adequate floodplain management measures with
effective enforcement measures. The communities listed no longer comply
with the statutory requirements, and after the effective date, flood
insurance will no longer be available in the communities unless
remedial action takes place.
    Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This rule involves no policies
that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This rule meets the
applicable standards of Executive Order 12988.
    Paperwork Reduction Act. This rule does not involve any collection
of information for purposes of the Paperwork Reduction Act, 44 U.S.C.
3501 et seq.

List of Subjects in 44 CFR Part 64

    Flood insurance, Floodplains.

0
Accordingly, 44 CFR part 64 is amended as follows:

PART 64--[AMENDED]

0
1. The authority citation for part 64 continues to read as follows:

    Authority:  42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp.; p. 376.

Sec.  64.6  [Amended]

0
2. The tables published under the authority of Sec.  64.6 are amended
as follows:

----------------------------------------------------------------------------------------------------------------
                                                 Effective date
                                                 authorization/
                                   Community    cancellation of    Current effective map   Date certain Federal
       State and location             No.        sale of flood             date            assistance no longer
                                                  insurance in                              available in SFHAs
                                                   community
----------------------------------------------------------------------------------------------------------------
           Region III

West Virginia:
    Hinton, City of, Summers           540187  March 10, 1975,    Feb. 3, 2010..........  Feb. 3, 2010.
     County.                                    Emerg; August 1,
                                                1979, Reg;
                                                February 3,
                                                2010, Susp.
    Summers County,                    540186  March 19, 1975,    ......*do.............   Do.
     Unincorporated Areas.                      Emerg; November
                                                5, 1980, Reg;
                                                February 3,
                                                2010, Susp.
           Region IV

Mississippi:
    Baldwyn, City of, Lee              280134  December 2, 1974,  ......do..............   Do.
     County.                                    Emerg; September
                                                18, 1987, Reg;
                                                February 3,
                                                2010, Susp.
    Guntown, Town of, Lee              280345  N/A, Emerg;        ......do..............   Do.
     County.                                    August 28, 2007,
                                                Reg; February 3,
                                                2010, Susp.

    Lauderdale County,                 280224  May 28, 1975,      ......do..............   Do.
     Unincorporated Areas.                      Emerg; September
                                                29, 1989, Reg;
                                                February 3,
                                                2010, Susp.
    Lee County, Unincorporated         280227  February 7, 1978,  ......do..............   Do.
     Areas.                                     Emerg; March 5,
                                                1990, Reg;
                                                February 3,
                                                2010, Susp.
    Marion, Town of, Lauderdale        280095  June 26, 1975,     ......do..............   Do.
     County.                                    Emerg; September
                                                29, 1989, Reg;
                                                February 3,
                                                2010, Susp.
    Meridian, City of,                 280096  November 19,       ......do..............   Do.
     Lauderdale County.                         1971, Emerg;
                                                December 15,
                                                1977, Reg;
                                                February 3,
                                                2010, Susp.
    Plantersville, Village of,         280099  April 4, 1975,     ......do..............   Do.
     Lee County.                                Emerg; August 1,
                                                1986, Reg;
                                                February 3,
                                                2010, Susp.
    Saltillo, Town of, Lee             280261  April 24, 1975,    ......do..............   Do.
     County.                                    Emerg; September
                                                18, 1987, Reg;
                                                February 3,
                                                2010, Susp.
    Shannon, Town of, Lee              280343  N/A, Emerg;        ......do..............   Do.
     County.                                    February 26,
                                                2009, Reg;
                                                February 3,
                                                2010, Susp.
    Tupelo, City of, Lee County        280100  March 4, 1974,     ......do..............   Do.
                                                Emerg; April 3,
                                                1978, Reg;
                                                February 3,
                                                2010, Susp.
    Verona, Town of, Lee County        280262  May 6, 1975,       ......do..............   Do.
                                                Emerg; June 4,
                                                1987, Reg;
                                                February 3,
                                                2010, Susp.
Tennessee: Sweetwater, City of,        470135  May 24, 1974,      ......do..............   Do.
 Monroe County                                  Emerg; March 18,
                                                1986, Reg;
                                                February 3,
                                                2010, Susp.
            Region V

Minnesota:
    Afton, City of, Washington         275226  March 19, 1971,    ......do..............   Do.
     County.                                    Emerg; April 21,
                                                1972, Reg;
                                                February 3,
                                                2010, Susp.
    Bayport, City of,                  275229  April 2, 1971,     ......do..............   Do.
     Washington County.                         Emerg; May 12,
                                                1972, Reg;
                                                February 3,
                                                2010, Susp.
    Birchwood Village, City of,        270720  July 9, 1979,      ......do..............   Do.
     Washington County.                         Emerg; June 8,
                                                1984, Reg;
                                                February 3,
                                                2010, Susp.
    Cottage Grove, City of,            270502  May 12, 1972,      ......do..............   Do.
     Washington County.                         Emerg; April 30,
                                                1976, Reg;
                                                February 3,
                                                2010, Susp.
    Dellwood, City of,                 270694  January 16, 1978,  ......do..............   Do.
     Washington County.                         Emerg; December
                                                26, 1978, Reg;
                                                February 3,
                                                2010, Susp.
    Grant, City of, Washington         270780  N/A, Emerg; July   ......do..............   Do.
     County.                                    3, 2003, Reg;
                                                February 3,
                                                2010, Susp.
    Hastings, City of,                 270105  March 9, 1973,     ......do..............   Do.
     Washington County.                         Emerg; July 16,
                                                1980, Reg;
                                                February 3,
                                                2010, Susp.
    Hugo, City of, Washington          270504  June 20, 1974,     ......do..............   Do.
     County.                                    Emerg; September
                                                29, 1978, Reg;
                                                February 3,
                                                2010, Susp.
    Lake Elmo, City of,                270505  August 18, 1972,   ......do..............   Do.
     Washington County.                         Emerg; July 2,
                                                1979, Reg;
                                                February 3,
                                                2010, Susp.
    Lake Saint Croix Beach,            275240  March 19, 1971,    ......do..............   Do.
     City of, Washington County.                Emerg; February
                                                19, 1972, Reg;
                                                February 3,
                                                2010, Susp.
    Lakeland Shores, City of,          275239  April 9, 1971,     ......do..............   Do.
     Washington County.                         Emerg; April 28,
                                                1972, Reg;
                                                February 3,
                                                2010, Susp.
    Lakeland, City of,                 275238  April 9, 1971,     ......do..............   Do.
     Washington County.                         Emerg; February
                                                9, 1972, Reg;
                                                February 3,
                                                2010, Susp.
    Mahtomedi, City of,                270698  April 30, 1979,    ......do..............   Do.
     Washington County.                         Emerg; June 22,
                                                1984, Reg;
                                                February 3,
                                                2010, Susp.
    Marine on Saint Croix, City        270509  September 12,      ......do..............   Do.
     of, Washington County.                     1975, Emerg;
                                                September 27,
                                                1985, Reg;
                                                February 3,
                                                2010, Susp.
    Newport, City of,                  270510  February 15,       ......do..............   Do.
     Washington County.                         1974, Emerg;
                                                July 2, 1980,
                                                Reg; February 3,
                                                2010, Susp.
    Oakdale, City of,                  270511  April 18, 1975,    ......do..............   Do.
     Washington County.                         Emerg; December
                                                26, 1978, Reg;
                                                February 3,
                                                2010, Susp.
    Scandia, City of,                  270582  N/A, Emerg;        ......do..............   Do.
     Washington County.                         August 12, 2008,
                                                Reg; February 3,
                                                2010, Susp.
    Saint Mary's Point, City           275247  March 19, 1971,    ......do..............   Do.
     of, Washington County.                     Emerg; February
                                                25, 1972, Reg;
                                                February 3,
                                                2010, Susp.
    Saint Paul Park, City of,          270514  September 11,      ......do..............   Do.
     Washington County.                         1974, Emerg;
                                                June 18, 1980,
                                                Reg; February 3,
                                                2010, Susp.
    Stillwater, City of,               275249  November 5, 1971,  ......do..............   Do.
     Washington County.                         Emerg; March 16,
                                                1973, Reg;
                                                February 3,
                                                2010, Susp.
    Washington County,                 270499  April 30, 1971,    ......do..............   Do.
     Unincorporated Areas.                      Emerg; May 17,
                                                1982, Reg;
                                                February 3,
                                                2010, Susp.
    Woodbury, City of,                 270699  May 8, 2001,       ......do..............   Do.
     Washington County.                         Emerg; N/A, Reg;
                                                February 3,
                                                2010, Susp.
Ohio:
    Eastlake, City of, Lake            390313  February 4, 1972,  ......do..............   Do.
     County.                                    Emerg; February
                                                18, 1981, Reg;
                                                February 3,
                                                2010, Susp.

    Fairport Harbor, Village           390314  N/A, Emerg;        ......do..............   Do.
     of, Lake County.                           September 13,
                                                2006, Reg;
                                                February 3,
                                                2010, Susp.
    Grand River, Village of,           390315  September 25,      ......do..............   Do.
     Lake County.                               1975, Emerg;
                                                July 16, 1979,
                                                Reg; February 3,
                                                2010, Susp.
    Kirtland Hills, Village of,        390810  March 17, 1977,    ......do..............   Do.
     Lake County.                               Emerg; October
                                                5, 1984, Reg;
                                                February 3,
                                                2010, Susp.
    Kirtland, City of, Lake            390616  October 27, 1976,  ......do..............   Do.
     County.                                    Emerg; February
                                                1, 1980, Reg;
                                                February 3,
                                                2010, Susp.
    Lake County, Unincorporated        390771  October 22, 1975,  ......do..............   Do.
     Areas.                                     Emerg; January
                                                2, 1981, Reg;
                                                February 3,
                                                2010, Susp.
    Lakeline, Village of, Lake         390888  May 27, 1988,      ......do..............   Do.
     County.                                    Emerg; August 4,
                                                1988, Reg;
                                                February 3,
                                                2010, Susp.
    Madison, Village of, Lake          390316  August 26, 1975,   ......do..............   Do.
     County.                                    Emerg; December
                                                4, 1979, Reg;
                                                February 3,
                                                2010, Susp.
    Mentor, City of, Lake              390317  December 29,       ......do..............   Do.
     County.                                    1972, Emerg;
                                                December 1,
                                                1977, Reg;
                                                February 3,
                                                2010, Susp.
    North Perry, Village of,           390742  March 19, 1976,    ......do..............   Do.
     Lake County.                               Emerg; July 16,
                                                1979, Reg;
                                                February 3,
                                                2010, Susp.
    Painesville, City of, Lake         390319  December 30,       ......do..............   Do.
     County.                                    1971, Emerg;
                                                February 2,
                                                1977, Reg;
                                                February 3,
                                                2010, Susp.
    Perry, Village of, Lake            390320  June 11, 1975,     ......do..............   Do.
     County.                                    Emerg; December
                                                15, 1978, Reg;
                                                February 3,
                                                2010, Susp.
    Timberlake, Village of,            390890  May 27, 1988,      ......do..............   Do.
     Lake County.                               Emerg; August 4,
                                                1988, Reg;
                                                February 3,
                                                2010, Susp.
    Waite Hill, Village of,            390649  December 21,       ......do..............   Do.
     Lake County.                               1978, Emerg;
                                                August 1, 1979,
                                                Reg; February 3,
                                                2010, Susp.
    Wickliffe, City of, Lake           390321  August 9, 1976,    ......do..............   Do.
     County.                                    Emerg; January
                                                2, 1980, Reg;
                                                February 3,
                                                2010, Susp.
    Willoughby, City of, Lake          390322  June 12, 1975,     ......do..............   Do.
     County.                                    Emerg; January
                                                16, 1981, Reg;
                                                February 3,
                                                2010, Susp.
    Willowick, City of, Lake           390324  February 18,       ......do..............   Do.
     County.                                    1976, Emerg;
                                                December 4,
                                                1979, Reg;
                                                February 3,
                                                2010, Susp.
Wisconsin:
    Berlin, City of, Green Lake        550166  September 26,      ......do..............   Do.
     County.                                    1973, Emerg;
                                                September 30,
                                                1977, Reg;
                                                February 3,
                                                2010, Susp.
    Green Lake, City of, Green         550167  May 16, 1975,      ......do..............   Do.
     Lake County.                               Emerg; September
                                                27, 1985, Reg;
                                                February 3,
                                                2010, Susp.
    Ladysmith, City of, Rusk           550375  February 14,       ......do..............   Do.
     County.                                    1974, Emerg;
                                                September 1,
                                                1978, Reg;
                                                February 3,
                                                2010, Susp.
    Markesan, City of, Green           550169  June 9, 1975,      ......do..............   Do.
     Lake County.                               Emerg; July 2,
                                                2003, Reg;
                                                February 3,
                                                2010, Susp.
    Princeton, City of, Green          550171  June 26, 1975,     ......do..............   Do.
     Lake County.                               Emerg; June 15,
                                                1988, Reg;
                                                February 3,
                                                2010, Susp.
    Green Lake County,                 550165  March 10, 1972,    ......do..............   Do.
     Unincorporated Areas.                      Emerg; March 1,
                                                1978, Reg;
                                                February 3,
                                                2010, Susp.
    Rusk County, Unincorporated        550602  May 31, 1988,      ......do..............   Do.
     Areas.                                     Emerg; May 31,
                                                1988, Reg;
                                                February 3,
                                                2010, Susp.
    Bruce, Village of, Rusk            550370  November 26,       ......do..............   Do.
     County.                                    1974, Emerg;
                                                September 1,
                                                1986, Reg;
                                                February 3,
                                                2010, Susp.
    Hawkins, Village of, Rusk          550373  August 30, 1974,   ......do..............   Do.
     County.                                    Emerg; July 15,
                                                1988, Reg;
                                                February 3,
                                                2010, Susp.
    Ingram, Village of, Rusk           550374  July 11, 1979,     ......do..............   Do.
     County.                                    Emerg; January
                                                2, 1987, Reg;
                                                February 3,
                                                2010, Susp.
    Kingston, Village of, Green        550168  April 10, 1975,    ......do..............   Do.
     Lake County.                               Emerg; September
                                                1, 1986, Reg;
                                                February 3,
                                                2010, Susp.
    Marquette, Village of,             550170  April 28, 2008,    ......do..............   Do.
     Green Lake County.                         Emerg; N/A, Reg;
                                                February 3,
                                                2010, Susp.
    Sheldon, Village of, Rusk          550376  July 18, 1975,     ......do..............   Do.
     County.                                    Emerg; September
                                                27, 1985, Reg;
                                                February 3,
                                                2010, Susp.
    Tony, Village of, Rusk             550377  July 22, 1975,     ......do..............   Do.
     County.                                    Emerg; September
                                                16, 1988, Reg;
                                                February 3,
                                                2010, Susp.
           Region VI

Texas:
    Burkburnett, City of,              480658  February 7, 1975,  ......do..............   Do.
     Wichita County.                            Emerg; December
                                                15, 1982, Reg;
                                                February 3,
                                                2010, Susp.
    Iowa Park, City of, Wichita        480660  July 9, 1975,      ......do..............   Do.
     County.                                    Emerg; December
                                                15, 1982, Reg;
                                                February 3,
                                                2010, Susp.
    Lakeside City, City of,            481496  October 23, 1990,  ......do..............   Do.
     Archer and Wichita                         Emerg; April 1,
     Counties.                                  1991, Reg;
                                                February 3,
                                                2010, Susp.

    Palestine, City of,                480004  August 19, 1975,   ......do..............   Do.
     Anderson County.                           Emerg; February
                                                18, 1981, Reg;
                                                February 3,
                                                2010, Susp.
    Anderson County,                   480001  January 24, 1992,  ......do..............   Do.
     Unincorporated Areas.                      Emerg; May 1,
                                                1992, Reg;
                                                February 3,
                                                2010, Susp.
           Region VII

Kansas:
    Burlingame, City of, Osage         200249  April 14, 2003,    ......do..............   Do.
     County.                                    Emerg; N/A, Reg;
                                                February 3,
                                                2010, Susp.
    Carbondale, City of, Osage         200250  August 7, 1975,    ......do..............   Do.
     County.                                    Emerg; March 4,
                                                1988, Reg;
                                                February 3,
                                                2010, Susp.
    Lyndon, City of, Osage             200251  July 15, 1975,     ......do..............   Do.
     County.                                    Emerg; June 3,
                                                1986, Reg;
                                                February 3,
                                                2010, Susp.
    Osage County,                      200601  February 11,       ......do..............   Do.
     Unincorporated Areas.                      2005, Emerg; N/
                                                A, Reg; February
                                                3, 2010, Susp.
    Overbrook, City of, Osage          200546  N/A, Emerg;        ......do..............   Do.
     County.                                    January 10,
                                                2008, Reg;
                                                February 3,
                                                2010, Susp.
    Quenemo, City of, Osage            200253  July 6, 1976,      ......do..............   Do.
     County.                                    Emerg; September
                                                1, 1990, Reg;
                                                February 3,
                                                2010, Susp.
            Region X

Alaska:
    Togiak, City of, Dillingham        020090  January 17, 1997,  ......do..............   Do.
     Census Area.                               Emerg; May 21,
                                                2009, Reg;
                                                February 3,
                                                2010, Susp.
    Lake and Peninsula Borough,        025063  March 4, 2004,     ......do..............   Do.
     Lake and Peninsula Borough.                Emerg; N/A, Reg;
                                                February 3,
                                                2010, Susp.
----------------------------------------------------------------------------------------------------------------
* do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.

    Dated: January 15, 2010.
Sandra K. Knight,
Deputy Assistant Administrator for Mitigation Department of Homeland
Security Federal Emergency Management Agency.
[FR Doc. 2010-1414 Filed 1-25-10; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 77, Number 209 (Monday, October 29, 2012)]
[Rules and Regulations]
[Pages 65497-65498]
[FR Doc No: 2012-26550]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 383 and 390

[Docket No. FMCSA-2012-0156]
RIN 2126-AB53

Gross Combination Weight Rating (GCWR); Definition

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

ACTION: Withdrawal of direct final rule.

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

SUMMARY: FMCSA withdraws its August 27, 2012, direct final rule (DFR)
amending the definition of ``gross combination weight rating'' (GCWR)
in 49 CFR parts 383 and 390. The DFR would have taken effect on October
26, 2012. However, the Agency received several adverse comments in
response to the DFR and will, therefore develop a notice of proposed
rulemaking to request public comments on proposed changes to the GCWR
definition.

DATES: The direct final rule published August 27, 2012 (77 FR 51706) is
withdrawn effective October 26, 2012.

FOR FURTHER INFORMATION CONTACT: Tom Kelly, Office of Enforcement and
Program Delivery, Federal Motor Carrier Safety Administration, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001, by telephone at (202)
366-1812 or via email at<EMAIL_ADDRESS>Office hours are from 9
a.m. to 5 p.m. ET, Monday through Friday, except Federal holidays. If
you have questions on viewing or submitting material to the docket,
contact Renee V. Wright, Program Manager, Docket Operations, telephone
(202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

A. Viewing Comments and Documents

    To view comments, go to http://www.regulations.gov, FMCSA-2012-
0156. If you do not have access to the internet, you may also view the
docket online by visiting 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.

B. 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).

II. Background

    On August 27, 2012, FMCSA published a DFR to amend the definition
of ``gross combination weight rating'' (GCWR) in 49 CFR parts 383 and
390. The DFR provided that the rule would be effective October 26,
2012, if no adverse comments were received by September 26, 2012. In
view of three adverse comments submitted to the docket, FMCSA withdraws
the DFR through this notice.
    Commenter John F. Nowak stated that the definition of GCWR should
not be amended until the National Highway Traffic Safety Administration
(NHTSA) changes its regulations to require manufacturers to include a
vehicle's GCWR in addition to its gross vehicle weight rating (GVWR) on
the certification label. He argued that it was difficult at this time
for drivers, motor carriers, and law enforcement officers to obtain
GCWR information quickly. Mr. Nowak claimed that currently only the
second half of the existing definition of GCWR is readily available for
use by carrier and enforcement personnel. This commenter went on to say
that because FMCSA must be aware of the difficulty in obtaining the
manufacturer's GCWR for any particular vehicle, the second sentence of
the existing definition must be retained.
    Currently, the definitions in 49 CFR 383.5 and 390.5 both define
Gross combination weight rating (GCWR) as the value specified by the
manufacturer as the loaded weight of a combination (articulated)
vehicle. In the absence of a value specified by the manufacturer, GCWR
will be determined by adding the GVWR \1\ of the power unit and the
total weight of the towed unit and any load thereon.
---------------------------------------------------------------------------

    \1\ GVWR stands for gross vehicle weight rating.
---------------------------------------------------------------------------

    Mr. Nowak agrees with FMCSA that the definition of GCWR should
ultimately be changed to reflect NHTSA's definition of that term. Prior
to this change, however, he suggests that the FMCSA place the
responsibility for obtaining GCWR information on law enforcement
officers and refrain from taking adverse action against drivers or
carriers for failure to have this information.
    Commenter Bryce Baker indicates that manufacturers do not list the
GCWR on the vehicle. Even if such a value is available from the
manufacturer, he states, the time needed to obtain the information
would make enforcement fruitless. Although commenter David S. McQueen
also opposes the change included in the DFR, his position seems to be
based on a misunderstanding of the GCWR definition used by the National
Highway Traffic Safety Administration.
    FMCSA Response: The comments submitted by these three individuals
qualify as adverse. Therefore, under 49 CFR 389.39(d), FMCSA withdraws
the direct final rule of August 27, 2012 (77 FR 51706).

    Issued on: October 22, 2012.
Larry W. Minor,
Associate Administrator, Office of Policy, Federal Motor Carrier Safety
Administration.
[FR Doc. 2012-26550 Filed 10-26-12; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 85, Number 168 (Friday, August 28, 2020)]
[Notices]
[Pages 53365-53366]
[FR Doc No: 2020-19005]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10013-99-Region 9]

Public Water System Supervision Program Revisions for the Navajo
Nation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of tentative approval.

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

SUMMARY: Notice is hereby given that the Navajo Nation revised its
approved Public Water System Supervision (PWSS) Program under the
federal Safe Drinking Water Act (SDWA) by adopting the Arsenic Rule,
Consumer Confidence Report (CCR) Rule, Filter Backwash Recycling Rule
(FBRR), Lead and Copper Rule--Minor Revisions (LCR-MR), and Stage 1
Disinfectants and Disinfection Byproducts (DBP) Rule. The Environmental
Protection Agency (EPA) has determined that these revisions by the
Navajo Nation are no less stringent than the corresponding Federal
regulations and otherwise meet applicable SDWA primacy requirements.
Therefore, the EPA intends to approve these revisions to the Navajo
Nation's PWSS Program.

DATES: Request for a public hearing must be received on or before
September 28, 2020.

ADDRESSES: Information submitted by the Navajo Nation relating to this
determination are available for inspection on http://www.navajoepa.org.
If there are issues with accessing the website, contact Yolanda Barney,
Navajo PWSS Program, via telephone at<PHONE_NUMBER>; or via email at
<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Bessie Lee, EPA Region 9, Drinking
Water Section (WTR-4-1), 75 Hawthorne Street, San Francisco, CA 94105;
via telephone at<PHONE_NUMBER>; or via email address at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Background. The EPA approved the Navajo Nation's original
application for PWSS Program primary enforcement authority on October
23, 2000 (65 FR 66541). Primacy states such as the Navajo Nation must
adopt and submit for approval to EPA all new and revised national
primary drinking water regulations. Since that initial approval, EPA
has worked with the Navajo Nation to review and approve various
revisions to Navajo's primacy program. For the revisions covered by
this action, EPA published the latest iteration of the Arsenic Rule in
the Federal Register on January 22, 2001 (66 FR 6976) and promulgated
this rule at 40 CFR part 141 Subpart G; published the CCR Rule on
August 19, 1998 (63 FR 44512) and promulgated this rule at 40 CFR part
141 Subpart O; published the FBRR on June 8, 2001 (66 FR 31086) and
promulgated this rule at 40 CFR part 141 Subpart P; published the LCR-
MR to the 1991 Lead and Cooper Rule on January 12, 2000 (65 FR 1950)
and promulgated at 40 CFR part 141 Subpart I; and published the Stage 1
DBP Rule on December 16, 1998 (63 FR 69390) and promulgated this rule
at 40 CFR part 141 Subpart L. The Navajo Nation has incorporated these
federal drinking water rules by reference into its Navajo Nation
Primary Drinking Water Regulations (NNPDWRs), and therefore they
parallel the federal requirements. The relevant citations to the
NNPDWRs are: Part IV for the Arsenic Rule, Part XII for the CCR Rule,
Part VIII for the FBRR, Part VII for the LCR-MR, and Part XI for the
Stage 1 DBP Rule. These are the primacy revisions that the EPA Region 9
tentatively approves as part of the Navajo PWSS Program.
    Public Process. Any interested party may request a public hearing
on this determination. A request for a public hearing must be submitted
by September 28, 2020, to the Regional Administrator (RA) of EPA Region
9, to the address shown above. Please note on the mailing envelope
``Request for

Public Hearing''. The RA may deny frivolous or insubstantial requests
for a hearing. If a substantial request for a public hearing is made by
September 28, 2020, EPA Region 9 will hold a public hearing. Any
request for a public hearing shall include the following information:
(1) The name, address, and telephone number of the individual,
organization, or other entity requesting a hearing; (2) a brief
statement of the requesting person's or organization's interest in the
RA's determination and a brief statement of the information that the
requesting person intends to submit at such hearing; and (3) the
signature of the individual making the request, or, if the request is
made on behalf of an organization or other entity, the signature of a
responsible official of the organization or other entity.
    If EPA Region 9 does not receive a timely and substantive request
for a hearing and the RA does not elect to hold a hearing on his own
motion, the determination at issue in this notice, the EPA's approval
shall become final and effective on September 28, 2020, and no further
public notice will be issued. EPA Region 9 will provide public notice
of any public hearing held pursuant to a request submitted by an
interested person or on EPA's own motion. If a public hearing is held,
EPA Region 9 will issue an order either affirming or rescinding the
determination. If EPA Region 9 affirms the determination, it will
become effective as of the date of the order.

    Authority: Section 1413 of the Safe Drinking Water Act, 42
U.S.C. 300g-2 (1996), and 40 CFR part 142 of the National Primary
Drinking Water Regulations.

    Dated: August 19, 2020.
John W. Busterud,
Regional Administrator, EPA Region 9.
[FR Doc. 2020-19005 Filed 8-27-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: July 13, 2010 (Volume 75, Number 133)]
[Notices]
[Page 40010-40011]
[DOCID:fr13jy10-128]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62459; File No. SR-NYSEAmex-2010-64]

Self-Regulatory Organizations; NYSE Amex LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend the Fee
Schedule With Respect to Firm Proprietary--Manual Tiered Pricing

July 7, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on June 25, 2010, NYSE Amex LLC (``NYSE Amex'' or ``Exchange'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III below, which
Items have been prepared by the Exchange. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend its Schedule of Fees and Charges for
Exchange Services (the ``Schedule'') effective July 1, 2010. The text
of the proposed rule change is available on NYSE Amex's Web site at
http://www.nyse.com, on the Commission's Web site at http://
www.sec.gov, at the Exchange's principal office, and at the
Commission's Public Reference Room.

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

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

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

1. Purpose
    Currently, the Exchange aggregates all of an ATP Holder's volume at
the trading permit level for purposes of the Firm Proprietary Manual
tiers. Recently, certain ATP Holders have requested that the Firm
Proprietary Manual tiered pricing be calculated at the initiating firm
level. By this filing, the Exchange proposes to allow its ATP Holders
to elect to have their Firm Proprietary Manual billing calculated at
the initiating firm level. The Exchange's default billing will continue
to aggregate volume at the trading permit level, and ATP Holders must
elect this new billing option. If elected, this option will allow Joint
Back Office operations to pass-through the pricing associated with the
tiers at NYSE Amex more effectively. The Exchange believes this
proposed elective billing option is reasonable and equitable and
applies uniformly to all ATP Holders.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Securities Exchange Act of 1934
(the ``Act''),\3\ in general, and Section 6(b)(4) of the Act,\4\ in
particular, in that it is designed to provide for the equitable
allocation of reasonable dues, fees, and other charges among its
members and other persons using its facilities. This proposed elective
billing option is reasonable and equitable and applies uniformly to all
ATP Holders. If elected, this option will allow Joint Back Office
operations to pass-through the pricing associated with the tiers at
NYSE Amex more effectively.
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78f(b).
    \4\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \5\ of the Act and subparagraph (f)(2) of Rule 19b-
4 \6\ thereunder, because it establishes a due, fee, or other charge
imposed by the NYSE Amex. At any time within 60 days of the filing of
such proposed rule change, the Commission may summarily abrogate such
rule change if it appears to the Commission that such action is
necessary or appropriate in the public interest, for the protection of
investors, or otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(3)(A).
    \6\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml ); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSEAmex-2010-64 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEAmex-2010-64. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro/shtml ). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written

communications relating to the proposed rule change between the
Commission and any person, other than those that may be withheld from
the public in accordance with the provisions of 5 U.S.C. 552, will be
available for Web site viewing and printing in the Commission's Public
Reference Room, 100 F Street, NE., Washington, DC 20549, on official
business days between the hours of 10 a.m. and 3 p.m. Copies of such
filing will also be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File No. SR-NYSEAmex-2010-64 and should be submitted on or before
August 3, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-16994 Filed 7-12-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 58 (Monday, March 27, 2023)]
[Proposed Rules]
[Pages 18099-18101]
[FR Doc No: 2023-06042]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0429; Project Identifier AD-2022-00775-T]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all The Boeing Company Model 777 airplanes. This proposed AD was
prompted by an evaluation by the design approval holder (DAH) that
found the force limiter assemblies for the lateral control mechanism
are not breaking out within the maximum design force requirements. This
proposed AD would require inspecting or doing a records review to
determine if a certain part number force limiter assembly is installed,
and replacing affected force limiter assemblies with serviceable force
limiter assemblies. The AD would also prohibit the installation of
affected parts. The FAA is proposing this AD to address the unsafe
condition on these products.

DATES: The FAA must receive comments on this proposed AD by May 11,
2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-0429; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this NPRM, any comments received, and other
information. The street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For The Boeing Company service information identified in
this NPRM, contact Boeing Commercial Airplanes, Attention: Contractual
& Data Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal
Beach, CA 90740-5600; telephone<PHONE_NUMBER>; website
myboeingfleet.com.
     You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available at
regulations.gov by searching for and locating Docket No. FAA-2023-0429.

FOR FURTHER INFORMATION CONTACT: Douglas Y. Tsuji, Senior Aerospace
Engineer, Systems and Equipment Section, FAA, Seattle ACO Branch, 2200
South 216th St., Des Moines, WA 98198; phone:<PHONE_NUMBER>; email:
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2023-0429; Project Identifier
AD-2022-00775-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent Douglas
Y. Tsuji, Senior Aerospace Engineer, Systems and Equipment Section,
FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198;
phone:<PHONE_NUMBER>; email: [email protected]. Any commentary that
the FAA receives that is not specifically designated as CBI will be
placed in the public docket for this rulemaking.

Background

    The FAA has received a report from Boeing that it found an issue in
production with the force limiter assemblies for the lateral control
mechanism on the Model 777 airplanes not breaking out within the
maximum design force requirements. The force limiter assemblies have a
pre-loaded spring that lets them compress or extend when higher than
normal forces are applied to a control wheel. During normal flight
conditions, the force limiter assemblies are set in their neutral
position and supply the load path for roll control. If there is a jam
of a control wheel, the breakout mechanism from the force limiter
assemblies lets the other control wheel operate and continue roll
control. When a jam/restriction occurs on one side of the lateral
controls, the pilot may not be able to override the jam preventing
lateral control from the wheel. An investigation by Boeing found that
too much BMS3-23 Corrosion Inhibiting Compound (CIC) was used during
the assembly of the force limiter which resulted in an increase in
their breakout forces. This condition, if not addressed, could result
in the loss of lateral control from the wheel and potentially affect
continued safe flight and landing.

FAA's Determination

    The FAA is issuing this NPRM after determining that the unsafe
condition described previously is likely to exist or develop on other
products of the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Alert Requirements Bulletin 777-27A0124 RB,
dated October 27, 2021. This service information specifies procedures
for replacing the lower and upper force limiter assemblies, part number
(P/N) 253W1263-1, with force limiter assemblies, P/N 253W1263-3.
    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 ADDRESSES.

Proposed AD Requirements in This NPRM

    This proposed AD would require inspecting or doing a records review
to determine if a certain part number force limiter assembly is
installed, and as applicable, accomplishing the actions specified in
the service information already described, except as discussed under
``Differences Between this Proposed AD and the Service Information''
and except for any differences identified as exceptions in the
regulatory text of this proposed AD. This proposed AD would also
prohibit the installation of affected parts. For information on the
procedures and compliance times, see this service information at
regulations.gov by searching for and locating Docket No. FAA-2023-0429.

Differences Between This Proposed AD and the Service Information

    The effectivity of Boeing Alert Requirements Bulletin 777-27A0124
RB, dated October 27, 2021, is limited to Model 777-200LR, -300ER, and
777F series airplanes, line numbers 1531 through 1707 inclusive.
However, the applicability of this proposed AD includes all Boeing
Model 777-200, -200LR, -300, -300ER, and 777F series airplanes. Because
the affected parts are rotable parts, the FAA has determined that these
parts could later be installed on airplanes that were initially
delivered with acceptable parts, thereby subjecting those airplanes to
the unsafe condition. The FAA has confirmed with Boeing that the
Accomplishment Instructions in Boeing Alert Requirements Bulletin 777-
27A0124 RB, dated October 27, 2021, are applicable to the expanded
group of airplanes.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 353 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Inspection or records review........  1 work-hour x $85 per                $0              $85          $30,005
                                       hour = $85.
----------------------------------------------------------------------------------------------------------------

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replacement..................................  7 work-hours x $85 per hour =            $8,960           $9,555
                                                $595.
----------------------------------------------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this proposed AD may be covered under warranty, thereby reducing the
cost impact on affected operators.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

The Boeing Company: Docket No. FAA-2023-0429; Project Identifier AD-
2022-00775-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by May 11, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 777-200, -200LR,
-300, -300ER, and 777F series airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight
Controls.

(e) Unsafe Condition

    This AD was prompted by an evaluation by the design approval
holder that the force limiter assemblies for the lateral control
mechanism are not breaking out within the

maximum design force requirements. The FAA is issuing this AD to
address the force limiter assemblies not breaking out within the
maximum design force requirements. The unsafe condition, if not
addressed, could result in the loss of lateral control from the
wheel and potentially affect continued safe flight and landing.

(f) Compliance

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

(g) Required Actions

    (1) Within 12 months after the effective date of this AD,
inspect the force limiter assembly to determine whether part number
(P/N) 253W1263-1 is installed. A review of airplane maintenance
records is acceptable in lieu of this inspection if the part number
of the force limiter assembly can be conclusively determined from
that review.
    (2) If, during an inspection or records review required by
paragraph (g)(1) of this AD, any force limiter assembly, part number
(P/N) 253W1263-1, is found, at the applicable times specified in the
``Compliance'' paragraph of Boeing Alert Requirements Bulletin 777-
27A0124 RB, dated October 27, 2021, except as specified by paragraph
(h) of this AD, do all applicable actions identified in, and in
accordance with, the Accomplishment Instructions of Boeing Alert
Requirements Bulletin 777-27A0124 RB, dated October 27, 2021.
    Note 1 to paragraph (g): Guidance for accomplishing the actions
required by this AD can be found in Boeing Alert Service Bulletin
777-27A0124 RB, dated October 27, 2021, which is referred to in
Boeing Alert Requirements Bulletin 777-27A0124 RB, dated October 27,
2021.

(h) Exceptions to Service Information Specifications

    Where the Compliance Time columns of the tables in the
``Compliance'' paragraph of Boeing Alert Requirements Bulletin 777-
27A0124 RB, dated October 27, 2021, use the phrase ``the original
issue date of Requirements Bulletin 777-27A0124 RB,'' this AD
requires using ``the effective date of this AD.''

(i) Parts Installation Prohibition

    As of the effective date of this AD, no person may install a
force limiter assembly, P/N 253W1263-1, on any airplane.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or responsible Flight Standards Office,
as appropriate. If sending information directly to the manager of
the certification office, send it to the attention of the person
identified in paragraph (k) of this AD. Information may be emailed
to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by The Boeing Company Organization Designation
Authorization (ODA) that has been authorized by the Manager, Seattle
ACO Branch, FAA, to make those findings. To be approved, the repair
method, modification deviation, or alteration deviation must meet
the certification basis of the airplane, and the approval must
specifically refer to this AD.

(k) Related Information

    For more information about this AD, contact Douglas Y. Tsuji,
Senior Aerospace Engineer, Systems and Equipment Section, FAA,
Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198;
phone:<PHONE_NUMBER>; email: [email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Alert Requirements Bulletin 777-27A0124 RB, dated
October 27, 2021.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone<PHONE_NUMBER>; website myboeingfleet.com.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (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 protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on March 5, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-06042 Filed 3-24-23; 8:45 am]
BILLING CODE 4910-13-P