[Federal Register Volume 78, Number 32 (Friday, February 15, 2013)]
[Notices]
[Pages 11173-11174]
[FR Doc No: 2013-03592]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2013-0067; FRL-9378-2]

Kasugamycin; Receipt of Application for Emergency Exemption for
Use on Apples in Michigan, Solicitation of Public Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has received a specific exemption request from the
Michigan Department of Agriculture to use the pesticide kasugamycin
(CAS No. 6980-18-3) to treat up to 10,000 acres of apples to control
fire blight. The applicant proposes the use of a new chemical which has
not been registered by EPA. EPA is soliciting public comment before
making the decision whether or not to grant the exemption.

DATES: Comments must be received on or before March 4, 2013.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2013-0067, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave., NW., Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.htm.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Keri Grinstead, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone
number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

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

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

II. What action is the Agency taking?

    Under section 18 of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) (7 U.S.C. 136p), at the discretion of the EPA
Administrator, a Federal or State agency may be exempted from any
provision of FIFRA if the EPA Administrator determines that emergency
conditions exist which require the exemption. Michigan Department of
Agriculture has requested the EPA Administrator to issue a specific
exemption for the use of kasugamycin on apples to control fire blight.
Information in accordance with 40 CFR part 166 was submitted as part of
this request.
    As part of this request, the applicant asserts that kasugamycin is
needed to control streptomycin-resistant strains of Erwinia amylovora,
the causal pathogen of fire blight, due to the lack of available
alternatives and effective control practices; and significant economic
losses will occur if this pest is not controlled.

    The applicant proposes to make no more than three applications of
Kasumin 2L on not more that 10,000 acres of apples between April 1 and
May 31, 2013, in Antrim, Berrien, Cass, Grand Traverse, Ionia, Kent,
Leelanau, Montcalm, Newaygo, Oceana, Ottawa, and Van Buren counties. As
currently proposed, the maximum amount of product to be applied would
be 30,000 gallons.
    This notice does not constitute a decision by EPA on the
application itself. The regulations governing FIFRA section 18 requires
publication of a notice of receipt of an application for a specific
exemption proposing use of a new chemical (i.e., an active ingredient)
which has not been registered by EPA. The notice provides an
opportunity for public comment on the application. The Agency will
review and consider all comments received during the comment period in
determining whether to issue the specific exemption requested by the
Michigan Department of Agriculture.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: February 8, 2013.
Daniel J. Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2013-03592 Filed 2-14-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 168 (Thursday, September 2, 2021)]
[Notices]
[Page 49324]
[FR Doc No: 2021-18966]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 9650-036]

Factory Falls, Inc.; Notice of Intent To File License
Application, Filing of Pre-Application Document, and Approving Use of
the Traditional Licensing Process

    a. Type of Filing: Notice of Intent to File License Application and
Request to Use the Traditional Licensing Process.
    b. Project No.: 9650-036.
    c. Date Filed: June 30, 2021.
    d. Submitted By: Factory Falls, Inc. (Factory Falls).
    e. Name of Project: Gilman Dam Project (project).
    f. Location: On the Black River in Windsor County, Vermont. No
federal lands are occupied by the project works or located within the
project boundary.
    g. Filed Pursuant to: 18 CFR 5.3 and 5.5 of the Commission's
regulations.
    h. Potential Applicant Contact: Mr. William Handly, Factory Falls,
Inc.; 286 South Street, Springfield, VT 05156-3277;<PHONE_NUMBER>;
email at<EMAIL_ADDRESS>    i. FERC Contact: Amy Chang at<PHONE_NUMBER>; or email at
<EMAIL_ADDRESS>    j. Factory Falls filed its request to use the Traditional Licensing
Process on June 30, 2021 and provided public notice of its request on
June 30, 2021 and July 7, 2021. In a letter dated August 27, 2021, the
Director of the Division of Hydropower Licensing approved Factory
Falls' request to use the Traditional Licensing Process.
    k. With this notice, we are initiating informal consultation with
the U.S. Fish and Wildlife Service and NOAA Fisheries under section 7
of the Endangered Species Act and the joint agency regulations
thereunder at 50 CFR part 402; and NOAA Fisheries under section 305(b)
of the Magnuson-Stevens Fishery Conservation and Management Act and
implementing regulations at 50 CFR 600.920. We are also initiating
consultation with the Vermont State Historic Preservation Officer, as
required by section 106 of the National Historic Preservation Act, and
the implementing regulations of the Advisory Council on Historic
Preservation at 36 CFR 800.2.
    l. With this notice, we are designating Factory Falls as the
Commission's non-federal representative for carrying out informal
consultation pursuant to section 7 of the Endangered Species Act; and
consultation pursuant to section 106 of the National Historic
Preservation Act.
    m. On June 30, 2021, Factory Falls filed a Pre-Application Document
(PAD; including a proposed process plan and schedule) with the
Commission, pursuant to 18 CFR 5.6 of the Commission's regulations.
    n. A copy of the PAD may be viewed and/or printed on the
Commission's website (http://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. For assistance, contact
FERC Online Support at<EMAIL_ADDRESS>(866) 208-3676 (toll
free), or<PHONE_NUMBER> (TTY).
    o. The licensee states its unequivocal intent to submit an
application for a subsequent license for Project No. 9650. Pursuant to
18 CFR 16.20, each application for a subsequent license and any
competing license applications must be filed with the Commission at
least 24 months prior to the expiration of the existing license. All
applications for license for this project must be filed by June 30,
2024.
    p. Register online at https://ferconline.ferc.gov/FERCOnline.aspx
to be notified via email of new filings and issuances related to this
or other pending projects. For assistance, contact FERC Online Support.

    Dated: August 27, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-18966 Filed 9-1-21; 8:45 am]
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[Federal Register Volume 79, Number 46 (Monday, March 10, 2014)]
[Rules and Regulations]
[Pages 13204-13206]
[FR Doc No: 2014-04571]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0642; Directorate Identifier 2011-SW-035-AD;
Amendment 39-17777; AD 2014-05-04]
RIN 2120-AA64

Airworthiness Directives; Eurocopter Deutschland GmbH Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for
Eurocopter Deutschland GmbH (Eurocopter) Model MBB-BK 117 C-2
helicopters with a jettisonable sliding door (door) installed. This AD
requires inspecting the lock release assembly and the middle and upper
lever locking bolts of each door, replacing any damaged parts with
airworthy parts, and ensuring the door is correctly installed. This AD
was prompted by the uncommanded detaching of a door from an MBB-BK 117
C-2 fuselage. The actions of this AD are intended to prevent the in-
flight loss of the door, which could damage the helicopter and injure
persons on the ground.

DATES: This AD is effective April 14, 2014.
    The Director of the Federal Register approved the incorporation by
reference of a certain document listed in this AD as of April 14, 2014.

ADDRESSES: For service information identified in this AD, contact
American Eurocopter Corporation, 2701 N. Forum Drive, Grand Prairie, TX
75052; telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax<PHONE_NUMBER>;
or at http://www.eurocopter.com/techpub. You may review the referenced
service information at the FAA, Office of the Regional Counsel,
Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas
76137.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the Docket Operations Office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the foreign authority's AD,
any incorporated-by-reference service information, the economic
evaluation, any comments received, and other information. The street
address for the Docket Operations Office (phone:<PHONE_NUMBER>) is U.S.
Department of Transportation, Docket Operations Office, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Matt Fuller, Senior Aviation Safety
Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 2601
Meacham Blvd., Fort Worth, Texas 76137; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    On July 23, 2013, at 78 FR 44039, the Federal Register published
our notice of proposed rulemaking (NPRM), which proposed to amend 14
CFR part 39 by adding an AD that would apply to Model MBB-BK 117 C-2
helicopters with a jettisonable door installed. The NPRM proposed to
require inspecting the lock release assembly and the middle and upper
lever locking bolts of each door, replacing any damaged parts with
airworthy parts, and ensuring the door is correctly installed. The
proposed requirements were intended to prevent the in-flight loss of
the door, which could damage the helicopter and injure persons on the
ground.
    The NPRM was prompted by AD No. 2011-0107, dated June 7, 2011,
issued by the European Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Union. AD No.
2011-0107 was issued to correct an unsafe condition for Eurocopter
Model MBB-BK 117 C-2 helicopters with jettisonable sliding doors
installed. EASA states that in early 2010 it received a report that the
door guides of the jettison mechanism on an MBB-BK 117 C-2 helicopter
released uncommanded while the door was being opened, resulting in the
door detaching from the fuselage. EASA has determined that ``this
condition, if not detected and corrected, could result in cases of in-
flight loss of the jettisonable door, possibly resulting in damage to,
or loss of control of, the helicopter, or injury to persons on the
ground.'' As a result, EASA requires repetitive inspections for the
correct installation of the doors, door guides, and release cables.

Comments

    We gave the public the opportunity to participate in developing
this AD, but we received no comments on the NPRM (78 FR 44039, July 23,
2013).

FAA's Determination

    These helicopters have been approved by the aviation authority of
Germany and are approved for operation in the United States. Pursuant
to our bilateral agreement with Germany, EASA, its technical
representative, has notified us of the unsafe condition described in
the EASA AD. We are issuing this AD because we evaluated all
information provided by EASA and determined the unsafe condition exists
and is likely to exist or develop on other helicopters of these same
type designs and that air safety and the public interest require
adopting the AD requirements as proposed.

Differences Between This AD and the EASA AD

    This AD requires that the inspections be conducted within 50 hours
time-in-service (TIS). The EASA AD requires that the inspections be
conducted within 50 hours TIS or 60 days, whichever occurs first after
the effective date of the EASA AD.
    The EASA AD requires that you contact Eurocopter to determine
corrective action, and this AD does not.
    The EASA AD requires a repetitive inspection, each time when the
installation of the door guides for the jettisonable sliding doors is
accomplished. This AD does not require this repetitive inspection
because that is considered normal maintenance.

Related Service Information

    We reviewed Eurocopter Alert Service Bulletin MBB-BK117 C-2-52A-
015, Revision 0, dated April 26, 2011 (ASB), for Model MBB-BK 117 C-2
helicopters with jettisonable sliding doors installed. The ASB calls
for inspecting the lock release assembly for damage and correct
installation and inspecting the middle lever and upper lever locking
bolts for correct installation. The ASBs require the inspections to be
conducted within 50 hours TIS or two months, whichever occurs first,
and thereafter after every door guide installation.

Costs of Compliance

    We estimate that this AD affects 108 helicopters of U.S. Registry
and that labor costs average $85 a work-hour. Based on these estimates,
we expect the following costs:
     Visually inspecting the door's lock release assembly and
the middle and upper levers requires 4 work-hours for a labor cost of
$340 per helicopter. No parts are needed, so that the total cost for
the U.S. fleet is $36,720.
     Visually inspecting all hardware, guides and door
attachment points for misaligned or bent fittings requires 4 work-hours
for a labor cost of $340 per helicopter. Parts may be needed but on an
individual basis, so that the total cost for the U.S. fleet is at least
$36,720.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on 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) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979);
    (3) Will not affect intrastate aviation in Alaska to the extent
that it justifies making a regulatory distinction; and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared an economic evaluation of the estimated costs to comply
with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

Adoption of 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 (AD):

2014-05-04 Eurocopter Deutschland GmbH (Eurocopter): Amendment 39-
17777; Docket No. FAA-2013-0642; Directorate Identifier 2011-SW-035-
AD.

(a) Applicability

    This AD applies to Model MBB-BK 117 C-2 helicopters with a
jettisonable main cabin sliding door (door) installed, certificated
in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as the door detaching
uncommanded from the fuselage. This condition could result in the
in-flight loss of the door, which could damage the helicopter or
cause injury or damage on the ground.

(c) Effective Date

    This AD becomes effective April 14, 2014.

(d) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

(e) Required Actions

    Within 50 hours time-in-service:
    (1) Visually inspect each door lock release assembly for a
frayed cable, a stripped thread on a screw joint, pitting on a door
guide, release cable, or associated hardware, and for correct
installation by following the Accomplishment Instructions, paragraph
3.B.1. (a) through (c), except (c)(1) and (c)(2), of Eurocopter
Alert Service Bulletin MBB-BK117 C-2-52A-015, Revision 0, dated
April 26, 2011 (ASB).
    (i) Replace with an airworthy part any frayed cables, screw
joints with stripped threads, or any door guides, release cables,
and associated hardware with pitting. Allow for a minimum of one
millimeter clearance at each end of the release cables.
    (ii) Install the aft cover and aft inner handle.
    (2) Inspect each middle lever and upper lever locking bolt for
correct installation by following the Accomplishment Instructions,
paragraphs 3.B.2 and 3.B.3, of the ASB, except that we do not
require you to contact Eurocopter.
    (3) If the door cannot be correctly rigged after performing the
actions required by paragraph (e)(2) of this AD, inspect all
hardware, guides, and door attachment points for misalignment or
bent fittings. Replace misaligned or bent parts with airworthy parts
before you operate the door in-flight and re-inspect according to
the requirements in paragraph (e)(2) of this AD.

(f) Special Flight Permits

    A one-time flight to a maintenance facility is permitted
provided that the door is not opened in flight.

(g) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs
for this AD. Send your proposal to: Matt Fuller, Senior Aviation
Safety Engineer, Safety Management Group, Rotorcraft Directorate,
FAA, 2601 Meacham Blvd., Fort Worth, Texas 76137; telephone (817)
222-5110; email<EMAIL_ADDRESS>    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, we suggest that you
notify your principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office or
certificate holding district office, before operating any aircraft
complying with this AD through an AMOC.

 (h) Additional Information

    The subject of this AD is addressed in European Aviation Safety
Agency (EASA) AD No. 2011-0107, dated June 7, 2011. You may view the
EASA AD on the Internet at http://www.regulations.gov in Docket No.
FAA-2013-0642.

(i) Subject

    Joint Aircraft Service Component (JASC) Code: 5200, Doors.

(j) 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) Eurocopter Alert Service Bulletin MBB-BK117 C-2-52A-015,
Revision 0, dated April 26, 2011.
    (ii) Reserved.
    (3) For Eurocopter service information identified in this AD,
contact American Eurocopter Corporation, 2701 N. Forum Drive, Grand
Prairie, TX 75052; telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax
(972) 641-3775; or at http://www.eurocopter.com/techpub.
    (4) You may view this service information at FAA, Office of the
Regional Counsel,

Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas
76137. 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, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Fort Worth, Texas, on February 20, 2014.
Lance T. Gant,
Acting Directorate Manager, Rotorcraft Directorate, Aircraft
Certification Service.
[FR Doc. 2014-04571 Filed 3-7-14; 8:45 am]
BILLING CODE 4910-13-P