Page Range | 9793-10356 | |
FR Document |
Page and Subject | |
---|---|
83 FR 10355 - National Consumer Protection Week, 2018 | |
83 FR 9889 - 2018 Amendments to the Manual for Courts-Martial, United States | |
83 FR 9868 - Sunshine Act Meeting | |
83 FR 9879 - Sunshine Act Meeting Notice | |
83 FR 9852 - Notice of Charter Renewal | |
83 FR 9872 - Agency Information Collection Activities: Submission for OMB Review; Comment Request | |
83 FR 9880 - Reporting and Recordkeeping Requirements Under OMB Review | |
83 FR 9825 - Notice of Funds Availability (NOFA); Cotton Ginning Cost-Share Program (CGCS) Payments to Cotton Producers | |
83 FR 9846 - Arbitration Panel Decisions Under the Randolph-Sheppard Act | |
83 FR 9883 - Notice of Request To Release Airport Property | |
83 FR 9882 - Notice of Intent To Rule on Request To Release Airport Property at the Arapahoe County Public Airport, Englewood, CO | |
83 FR 9867 - Notice of Open Public Meetings for the National Park Service Alaska Region Subsistence Resource Commission Program | |
83 FR 9882 - Notice of Determinations; Culturally Significant Objects Imported for Exhibition Determinations: “The Power of Gold: Asante Royal Regalia From Ghana” Exhibition | |
83 FR 9882 - Notice of a Shipping Coordination Committee Meeting | |
83 FR 9868 - Acrylonitrile Standard; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements | |
83 FR 9869 - Division of Longshore and Harbor Workers' Compensation; Proposed Renewal of Existing Collection; Comment Request | |
83 FR 9844 - Submission for OMB Review; Comment Request | |
83 FR 9843 - Proposed Information Collection; Comment Request; Seafood Inspection and Certification Requirements | |
83 FR 9845 - Proposed Information Collection; Comment Request; Application and Reports for Scientific Research and Enhancement Permits Under the Endangered Species Act | |
83 FR 9833 - Certain Softwood Lumber Products From Canada: Initiation of Expedited Review of the Countervailing Duty Order | |
83 FR 9855 - Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding Company | |
83 FR 9854 - Formations of, Acquisitions by, and Mergers of Bank Holding Companies | |
83 FR 9855 - Submission for Public Comment Request | |
83 FR 9876 - Virgil C. Summer Nuclear Station, Unit 1, 2, and 3, and Independent Spent Fuel Storage Installation; Consideration of Approval of Transfer of License | |
83 FR 9874 - Rio Algom, LLC; Ambrosia Lake Facility, McKinley County, New Mexico Source Materials License SUA-1473 | |
83 FR 9851 - Call for 2025 Resource Pool Applications | |
83 FR 9850 - Proposed Agency Information Collection | |
83 FR 9847 - Interim Management of Nuclear Materials; Spent Nuclear Fuel Management at Savannah River Site | |
83 FR 9873 - Notice of Public Comment Period and Public Meetings on the Parks and Open Space Element of the Comprehensive Plan for the National Capital | |
83 FR 9835 - Silicon Metal From Brazil: Affirmative Final Determination of Sales at Less Than Fair Value | |
83 FR 9834 - Silicon Metal From Australia: Final Affirmative Countervailing Duty Determination | |
83 FR 9829 - Silicon Metal From Norway: Affirmative Final Determination of Sales at Less Than Fair Value, Final Determination of No Sales, and Final Negative Determination of Critical Circumstances | |
83 FR 9831 - Silicon Metal from the Republic of Kazakhstan: Final Affirmative Countervailing Duty Determination | |
83 FR 9879 - Submission for OMB Review; Comments Request | |
83 FR 9880 - Submission for OMB Review; Comments Request | |
83 FR 9838 - Silicon Metal From Brazil: Final Affirmative Countervailing Duty Determination | |
83 FR 9853 - Federal Advisory Committee, Diversity and Digital Empowerment | |
83 FR 9842 - Polytetrafluoroethylene Resin From India: Preliminary Affirmative Countervailing Duty Determination | |
83 FR 9839 - Silicon Metal From Australia: Affirmative Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances in Part | |
83 FR 9828 - Foreign-Trade Zone (FTZ) 38-Charleston, South Carolina; Notification of Proposed Production Activity; BMW Manufacturing Co., LLC (Hybrid Passenger Vehicles); Spartanburg, South Carolina | |
83 FR 9865 - U.S. Endangered Species; Recovery Permit Applications | |
83 FR 9862 - Endangered and Threatened Wildlife and Plants; Incidental Take Permit Application; Proposed Low-Effect Habitat Conservation Plan for the Coastal California Gnatcatcher and Associated Documents; Santee, California | |
83 FR 9866 - Notice of Filing of Plat Survey; Eastern States | |
83 FR 9861 - Endangered and Threatened Wildlife and Plants; Availability of Proposed Low-Effect Habitat Conservation Plan for the Sand Skink, Orange County, FL | |
83 FR 9818 - Airworthiness Directives; Bell Helicopter Textron Canada Helicopters | |
83 FR 9820 - Airworthiness Directives; Quest Aircraft Design, LLC Airplanes | |
83 FR 9870 - Notice of Information Collection | |
83 FR 9863 - U.S. Endangered Species; Receipt of Recovery Permit Applications | |
83 FR 9801 - Airworthiness Directives; Airbus Airplanes | |
83 FR 9824 - Statutory Cable, Satellite, and DART License Reporting Practices | |
83 FR 9860 - Agency Information Collection Activities; Revision of a Currently Approved Collection: Identity, Credential, and Access Management (ICAM) | |
83 FR 9817 - Drawbridge Operation Regulation; Grassy Sound Channel, Middle Township NJ and Townsend Inlet, Avalon, NJ | |
83 FR 9825 - Submission for OMB Review; Comment Request | |
83 FR 9845 - Agency Information Collection Activities; Comment Request; Pell Grant Reporting Under the Common Origination and Disbursement (COD) System | |
83 FR 9853 - Federal Advisory Committee Act; Technological Advisory Council | |
83 FR 9873 - Proposal Review; Notice of Meetings | |
83 FR 9874 - Advisory Committee for Biological Sciences; Notice of Meeting | |
83 FR 9854 - Notice to All Interested Parties of Intent To Terminate Receiverships | |
83 FR 9854 - Notice of Termination of Receiverships | |
83 FR 9871 - Records Schedules; Availability and Request for Comments | |
83 FR 9884 - Pipeline Safety: Meeting of the Voluntary Information-Sharing System Working Group | |
83 FR 9881 - Privacy Act of 1974; Matching Program | |
83 FR 9856 - Agency Information Collection Activities; Proposed Collection; Comment Request; Record Retention Requirements for the Soy Protein and Risk of Coronary Heart Disease Health Claim | |
83 FR 9857 - Study Design Considerations for Devices Including Digital Health Technologies for Sleep Disordered Breathing in Adults; Public Workshop; Request for Comments | |
83 FR 9797 - Airworthiness Directives; Honeywell International Inc. Turbofan Engines | |
83 FR 9828 - Meeting of Bureau of Economic Analysis Advisory Committee | |
83 FR 9813 - Revocation of Class E Airspace; Centerville, MD | |
83 FR 9816 - Amendment of Class E Airspace; Moundsville, WV | |
83 FR 9822 - [Docket No. FAA-2017-1238; Airspace Docket No. 17-ASO-25] HEADProposed Amendment of Class E Airspace, Kenansville, NC | |
83 FR 9814 - Amendment of Class E Airspace; Berlin, NH | |
83 FR 9859 - Health Information Technology Advisory Committee 2018 Schedule | |
83 FR 9811 - Airworthiness Directives; GA 8 Airvan (Pty) Ltd Airplanes | |
83 FR 9795 - Airworthiness Directives; Pilatus Aircraft Limited Airplanes | |
83 FR 9793 - Airworthiness Directives; Pacific Aerospace Limited Airplanes |
Commodity Credit Corporation
Farm Service Agency
Economic Analysis Bureau
Foreign-Trade Zones Board
International Trade Administration
National Oceanic and Atmospheric Administration
Western Area Power Administration
Children and Families Administration
Food and Drug Administration
Coast Guard
U.S. Citizenship and Immigration Services
Fish and Wildlife Service
Land Management Bureau
National Park Service
Foreign Claims Settlement Commission
Occupational Safety and Health Administration
Workers Compensation Programs Office
Copyright Office, Library of Congress
Federal Aviation Administration
Pipeline and Hazardous Materials Safety Administration
Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.
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Federal Aviation Administration (FAA), Department of Transportation (DOT).
Final rule.
We are adopting a new airworthiness directive (AD) for Pacific Aerospace Limited Model 750XL airplanes. This AD results from mandatory continuing airworthiness information (MCAI) issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as incorrectly marked and annunciated low oil pressure indication warnings. We are issuing this AD to require actions to address the unsafe condition on these products.
This AD is effective April 12, 2018.
The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of April 12, 2018.
You may examine the AD docket on the internet at
For service information identified in this AD, contact Pacific Aerospace Limited, Airport Road, Hamilton, Private Bag 3027, Hamilton 3240, New Zealand; telephone: +64 7 843 6144; facsimile: +64 7 843 6134; email:
Mike Kiesov, Aerospace Engineer, FAA, Small Airplane Standards Branch, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4144; fax: (816) 329-4090; email:
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to Pacific Aerospace Limited Model 750XL airplanes. The NPRM was published in the
The low oil pressure warnings are incorrectly marked and annunciated on certain Pacific Aerospace 750XL aircraft. This [CAA] AD introduces the requirements in Pacific Aerospace Mandatory Service Bulletin (MSB) PACSB/XL/088, dated 11 August 2017, to correct low oil pressure indication warnings.
We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM or on the determination of the cost to the public.
We reviewed the relevant data and determined that air safety and the public interest require adopting the AD as proposed except for minor editorial changes. We have determined that these minor changes:
• Are consistent with the intent that was proposed in the NPRM for correcting the unsafe condition; and
• Do not add any additional burden upon the public than was already proposed in the NPRM.
We reviewed Pacific Aerospace Mandatory Service Bulletin (MSB) PACSB/XL/088, dated August 11, 2017; and Pacific Aerospace Temporary Revision Instruction Letter, dated August 2017, which includes Pacific Aerospace temporary revisions XL/POH/00/001, XUPOH/02/001, XUPOH/03/001, and XUPOH/03/002. The service bulletin describes procedures for adjustment or replacement of the low oil pressure light, pressure switch, and indicator. The temporary revision instruction letter contains revisions that correct the reference to the incorrect instrument markings in the Pilots Operating Handbook (POH). This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the
We estimate that this AD will affect 22 products of U.S. registry. We also estimate that it would take about 2 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour. Required parts would cost about $500 per product.
Based on these figures, we estimate the cost of this AD on U.S. operators to be $14,740, or $670 per product.
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
This AD is issued in accordance with authority delegated by the Executive Director, Aircraft Certification Service, as authorized by FAA Order 8000.51C. In accordance with that order, issuance of ADs is normally a function of the Compliance and Airworthiness Division, but during this transition period, the Executive Director has delegated the authority to issue ADs applicable to small airplanes, gliders, balloons, airships, domestic business jet transport airplanes, and associated appliances to the Director of the Policy and Innovation Division.
We determined that 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 this AD:
(1) Is not a “significant regulatory action” under Executive Order 12866,
(2) Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979),
(3) Will not affect intrastate aviation in Alaska, 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.
You may examine the AD docket on the internet at
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.
Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:
49 U.S.C. 106(g), 40113, 44701.
This airworthiness directive (AD) becomes effective April 12, 2018.
None.
This AD applies to Pacific Aerospace Limited Model 750XL airplanes, all serial numbers up to XL217, certificated in any category.
Air Transport Association of America (ATA) Code 79: Engine Oil.
This AD was prompted by mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as incorrectly marked and annunciated low oil pressure indication warnings. We are issuing this AD to prevent engine oil pressure from dropping below safe limits, which could cause possible engine damage or failure.
Unless already done, do the following actions in paragraphs (f)(1) through (4) of this AD, as applicable:
(1)
(2)
(3)
(4)
The following provisions also apply to this AD:
(1)
(2)
Refer to CAA MCAI AD No. DCA/750XL/19, dated September 7, 2017, for related information. The MCAI can be found in the AD docket on the internet at:
(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) Pacific Aerospace Mandatory Service Bulletin (MSB) PACSB/XL/088, dated August 11, 2017.
(ii) Pacific Aerospace Temporary Revision Instruction Letter, dated August 2017, which includes Pacific Aerospace temporary revisions XL/POH/00/001, XUPOH/02/001, XUPOH/03/001, and XUPOH/03/002.
(3) For Pacific Aerospace service information identified in this AD, contact Pacific Aerospace Limited, Airport Road, Hamilton, Private Bag 3027, Hamilton 3240, New Zealand; telephone: +64 7 843 6144; facsimile: +64 7 843 6134; email:
(4) You may view this service information at the FAA, Policy and Innovation Division, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329-4148. In addition, you can access this service information on the internet at
(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 202-741-6030, or go to:
Federal Aviation Administration (FAA), Department of Transportation (DOT).
Final rule.
We are adopting a new airworthiness directive (AD) for Pilatus Aircraft Limited Model PC-7 airplanes. This AD results from mandatory continuing airworthiness information (MCAI) issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as the brakes remaining activated after release of the brake pedal. We are issuing this AD to require actions to address the unsafe condition on these products.
This AD is effective April 12, 2018.
The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of April 12, 2018.
You may examine the AD docket on the internet at
For service information identified in this AD, contact PILATUS Aircraft Ltd., Customer Technical Support (MCC), P.O. Box 992, CH-6371 Stans, Switzerland; phone: +41 (0)41 619 67 74; fax: +41 (0)41 619 67 73; email:
Doug Rudolph, Aerospace Engineer, FAA, Small Airplane Standards Branch, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4059; fax: (816) 329-4090; email:
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to Pilatus Aircraft Limited Model PC-7 airplanes. The NPRM was published in the
This [FOCA] Airworthiness Directive (AD) is prompted due to a report where the brakes have remained activated after release of the brake pedals before taxing.
Such a condition, if left uncorrected, could lead to an asymmetric braking and subsequent loss of directional control.
In order to correct and control the situation, this [FOCA] AD requires the modification of the brake-pedal interconnecting tie-rod by removing the bonding straps and attachment hardware currently installed on the left and right brake-pedal interconnecting tie-rods.
We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM or on the determination of the cost to the public.
We reviewed the relevant data and determined that air safety and the public interest require adopting the AD as proposed except for minor editorial changes. We have determined that these minor changes:
• Are consistent with the intent that was proposed in the NPRM for correcting the unsafe condition; and
• Do not add any additional burden upon the public than was already proposed in the NPRM.
We reviewed Pilatus Service Bulletin No. 32-028, dated September 20, 2017. The service bulletin describes procedures for removing the left and right brake pedal interconnecting tie rods. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the
We estimate that this AD will affect 18 products of U.S. registry. We also estimate that it would take about 2.5 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour.
Based on these figures, we estimate the cost of the AD on U.S. operators to be $3,825, or $212.50 per product.
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
This AD is issued in accordance with authority delegated by the Executive Director, Aircraft Certification Service, as authorized by FAA Order 8000.51C. In accordance with that order, issuance of ADs is normally a function of the Compliance and Airworthiness Division, but during this transition period, the Executive Director has delegated the authority to issue ADs applicable to small airplanes, gliders, balloons, airships, domestic business jet transport airplanes, and associated appliances to the Director of the Policy and Innovation Division.
We determined that 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 this AD:
(1) Is not a “significant regulatory action” under Executive Order 12866,
(2) Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979),
(3) Will not affect intrastate aviation in Alaska, 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.
You may examine the AD docket on the internet at
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.
Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:
49 U.S.C. 106(g), 40113, 44701.
This airworthiness directive (AD) becomes effective April 12, 2018.
None.
This AD applies to Pilatus Aircraft Limited Model PC-7 airplanes, manufacturer serial numbers 101 through 618, certificated in any category.
Air Transport Association of America (ATA) Code 32: Landing Gear.
This AD was prompted by mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as the brakes remaining activated after release of the brake pedal. We are issuing this AD to prevent the brakes from remaining activated after the brake pedal has been released, which could lead to asymmetric braking and subsequent loss of control.
Unless already done, within the next 90 days after the effective date of this AD, modify the brake pedal interconnecting tie rods by removing the bonding straps and attachment hardware following sections A, B, and C of the Accomplishment Instructions in Pilatus Service Bulletin 32-028, dated September 20, 2017.
The following provisions also apply to this AD:
(1)
(2)
Refer to MCAI FOCA AD HB-2017-002, dated October 20, 2017, for related information. The MCAI can be found in the AD docket on the internet at:
(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) Pilatus Service Bulletin 32-028, dated September 20, 2017.
(ii) Reserved.
(3) For service information identified in this AD, contact PILATUS Aircraft Ltd., Customer Technical Support (MCC), P.O. Box 992, CH-6371 Stans, Switzerland; phone: +41 (0)41 619 67 74; fax: +41 (0)41 619 67 73; email:
(4) You may view this service information at the FAA, Policy and Innovation Division, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329-4148. In addition, you can access this service information on the internet at
(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 202-741-6030, or go to:
Federal Aviation Administration (FAA), DOT.
Final rule.
We are adopting a new airworthiness directive (AD) for certain Honeywell International Inc. AS907 series turbofan engines. This AD was prompted by seven loss-of-thrust-control events attributed to water intrusion of the engine electronic control unit (ECU). This AD requires applying sealant to identified areas of the ECU and requires inserting a copy of certain airplane operating procedures into the applicable flight manuals. We are issuing this AD to address the unsafe condition on these products.
This AD is effective April 12, 2018.
The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of April 12, 2018.
For service information identified in this final rule, contact Honeywell International Inc., 111 S 34th Street, Phoenix, AZ 85034-2802; phone: 800-601-3099; internet:
You may examine the AD docket on the internet at
Joseph Costa, Aerospace Engineer, Los Angeles ACO Branch, FAA, 3960 Paramount Blvd., Lakewood, CA 90712-4137; phone: 562-627-5246; fax: 562-627-5210; email:
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain Honeywell International Inc. AS907 series turbofan engines. The NPRM published in the
We gave the public the opportunity to participate in developing this final rule. The following presents the comments received on the NPRM and the FAA's response to each comment.
Honeywell requested changing the recommended compliance time stated in the “Differences Between This Proposed AD and the Service Information” paragraph. Honeywell stated the compliance time started with the issuance of its initial Service Bulletin (SB) AS907-76-9021, Revision 0, dated May 13, 2016.
We partially agree. We agree it would have been appropriate to reference the correct compliance time in this discussion within the NPRM. We do not agree to revise this final rule because this discussion does not exist in the final rule. Further explanation in this final rule is not necessary. We did not change this AD.
Honeywell requested that we remove interim action from this AD. Honeywell reasoned that the redesigned ECU, which is equivalent to an ECU sealed with external sealant, is outside the scope of this AD.
We agree since Honeywell does not plan to retrofit or repair older ECUs. The older ECUs will be sealed with external sealant for the life of the ECU. We removed the Interim Action paragraph from this AD.
Honeywell requested that the number of engines affected be changed. Honeywell stated the current number of affected engines worldwide is 680 engines installed in airplanes.
We partially agree. We agree with Honeywell's current accounting of 680 affected engines worldwide. We disagree with changing the number of affected engines in this AD because our requirement is to estimate the number of engines installed on U.S. airplanes. Therefore, we are maintaining the estimate made in the NPRM that 477 engines are installed on airplanes in the U.S. Registry.
Honeywell requested that we remove references to ECU Mod Record numbers from this AD. Honeywell reasoned that the affected ECUs Mod Record numbers are only advanced for production sealed ECUs; therefore, ECU Mod Record numbers are not a consistent indication of ECU sealing service bulletin compliance.
We agree. Mod Record numbers are not a good indicator of ECU sealing. We revised the applicability of this AD to refer to the engine model, serial numbers, and listed ECU part numbers (P/Ns) that are not sealed in the areas identified in Figures 1 through 13 of Honeywell SB AS907-76-9021, Revision 1, dated April 20, 2017. This change revises the method for operators to determine applicability but does not expand the scope of this AD since the affected populations of ECUs are the same in this final rule as in the NPRM.
Honeywell requested we revise the unsafe condition statement with updated field event information.
We agree because the unsafe condition in paragraph (e) of the NPRM did not include four prior similar loss-of-thrust-control field events noted in the Discussion section. We changed the unsafe condition paragraph to refer to seven low-time loss-of-thrust control events attributed to water intrusion of the engine ECU.
Honeywell requested that we revise the compliance section of this AD by requiring that applicable ECU P/Ns be inspected for application of sealant. The requested change would clarify the method of determining whether ECU sealing had been complied with.
We partially agree. As noted in our response, we have clarified the Applicability section of this AD to refer only to affected ECUs that are not sealed in the areas identified in Figures 1 through 13 of Honeywell SB AS907-76-9021, Revision 1, dated April 20, 2017. We therefore, do not need to add an inspection for the application of sealant to the compliance section of this AD.
Honeywell requested that we remove references to re-application of ECU sealant from this final rule. Honeywell commented that this step will be accomplished through its continued airworthiness documents.
We agree that normal maintenance instructions make it unnecessary to re-apply the ECU sealant. We revised this final rule by removing the references to re-application of the ECU sealant.
NetJets questioned whether paragraphs (g)(4), (g)(5), and (g)(6) were intended to be subparagraphs of paragraph (g)(3). They justified the request by saying that the crew should only be alerted to Cyan warning per the AFM (Airplane Flight Manual) Emergency Procedures.
We agree. We redesignated paragraphs (g)(4), (g)(5), and (g)(6) in the NPRM as paragraphs (g)(2)(i), (g)(2)(ii), and (g)(2)(iii) in this AD to clarify the intent of the Cyan warning.
NetJets requested that Honeywell SB AS907-76-9021, Revision 1, dated April 20, 2017, be added to the Credit for Previous Actions paragraph. They indicated that an AMOC (alternative method of compliance) might be needed to take credit for this previous action if Revision 1 of the SB was complied with prior to the effective date of the AD.
We disagree because paragraph (f) already states that compliance is necessary unless already done. We did not change this AD.
We revised the Installation Prohibition, paragraph (h) of this AD, to reflect changes to the applicability and to paragraph designations discussed previously.
An individual commenter asked who is responsible for the enforcement of this final rule.
The FAA, Flight Standards Division, is responsible for enforcing regulatory violations arising from noncompliance with ADs. We did not change this AD.
An individual commenter suggested that the FAA is not taking into account the costs associated with improving the standards of the turbofan engines.
We have taken into account the costs associated with this rulemaking as indicated within the Costs of Compliance section of the NPRM. We did not change this AD.
We reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting this final rule with the changes described previously and minor editorial changes. We have determined that these minor changes:
• Αre consistent with the intent that was proposed in the NPRM for correcting the unsafe condition; and
• Do not add any additional burden upon the public than was already proposed in the NPRM.
We also determined that these changes will not increase the economic burden on any operator or increase the scope of this final rule.
We reviewed Honeywell SB AS907-76-9021, Revision 1, dated April 20, 2017. The SB describes procedures for applying sealant to identified areas of the ECU to prevent water from entering the ECU on AS907 series engines. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the
We also reviewed Honeywell Operating Information Letter (OIL) OIAS907-0001R00, dated March 14, 2017. The OIL provides instructions for interrogating the onboard Maintenance Data Computer to clear engine electronic fault conditions.
We estimate that this ECU sealing affects 477 engines installed on airplanes of U.S. registry.
We estimate the following costs to comply with this AD:
We estimate the following costs to do a visual inspection of the ECUs. We estimate that 20 engines will need this inspection.
According to the manufacturer, some of the costs of this AD may be covered under warranty, thereby reducing the cost impact on affected individuals. We do not control warranty coverage for affected individuals. As a result, we
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 products identified in this rulemaking action.
This AD is issued in accordance with authority delegated by the Executive Director, Aircraft Certification Service, as authorized by FAA Order 8000.51C. In accordance with that order, issuance of ADs is normally a function of the Compliance and Airworthiness Division, but during this transition period, the Executive Director has delegated the authority to issue ADs applicable to engines, propellers, and associated appliances to the Manager, Engine and Propeller Standards Branch, Policy and Innovation Division.
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, 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.
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.
Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:
49 U.S.C. 106(g), 40113, 44701.
This AD is effective April 12, 2018.
None.
This AD applies to all Honeywell International Inc. AS907-1-1A model turbofan engines with engine electronic control unit (ECU), part numbers (P/Ns) 2119576-1001 through -1011, installed; AS907-2-1A model turbofan engines with ECU, P/N 2119576-1102, installed; AS907-2-1G model turbofan engines with ECU, P/Ns 2119576-3002 and -3102, installed; and AS907-3-1E model turbofan engines with ECU, P/Ns 2119576-4102 and -4103, installed with applicable engine serial numbers (S/Ns) in Table 3 of Honeywell Service Bulletin (SB) AS907-76-9021, Revision 1, dated April 20, 2017 that are not sealed in the areas identified in Figures 1 through 13 of Honeywell SB AS907-76-9021, Revision 1, dated April 20, 2017.
Joint Aircraft System Component (JASC) Code 7600, Engine Controls Section.
This AD was prompted by seven low-time loss-of-thrust-control events attributed to water intrusion of the engine ECU. We are issuing this AD to prevent a dual engine power loss. The unsafe condition, if not addressed, could result in loss of thrust control, damage to the engine, and damage to the airplane.
Comply with this AD within the compliance times specified, unless already done.
(1) For applicable engines and ECUs, within 200 hours time in service, or 9 months after the effective date of this AD, whichever occurs first, do the following:
(i) If no sealant has been applied to the ECU in the areas identified in Figures 1 through 13 of Honeywell SB AS907-76-9021, Revision 1, dated April 20, 2017, apply sealant to the ECU using the Accomplishment Instructions, paragraph 3.C., of Honeywell SB AS907-76-9021, Revision 1, dated April 20, 2017.
(ii) Reserved.
(2) Within 60 days after the effective date of this AD, for all airplanes that have an affected engine installed with an affected ECU not in compliance with paragraph (g)(1) of this AD, insert a copy of Figure 1, 2, or 3 to paragraph (g) of this AD, as applicable to your airplane, into the Emergency Procedures Section of the Airplane Flight Manual (AFM) and perform the following steps as necessary:
(i) If a cyan warning is announced, before next flight, check the current fault messages in the Maintenance Data Computer (MDC)/Onboard Messaging System (OMS) for any of the following:
(A) FADEC ECU A
(B) FADEC ECU B
(C) THROTTLE LEVER 1A
(D) THROTTLE LEVER 1B
(E) THROTTLE RIGGING 1A
(F) THROTTLE RIGGING 1B
(ii) Replace the ECU if any of the fault messages listed in paragraph (g)(2)(i) of this AD are in the MDC OMS. Refer to Honeywell Operating Information Letter OIAS907-0001R00, dated March 14, 2017, for guidance on returning and replacing the ECU.
(iii) Continued flight is permitted if none of the fault messages listed in paragraph (g)(2)(i) of this AD are in the MDC OMS, or if paragraph (g)(2)(ii) of this AD was accomplished.
(i) Do not install an ECU if any of the fault messages listed in paragraph (g)(2)(i) of this AD are in the MDC OMS.
(ii) Do not install an ECU that has a P/N listed in paragraph (c) of this AD unless it was sealed as specified in paragraph (g)(1)(i) of this AD.
Remove from the AFM, Figure 1, 2, or 3 to paragraph (g) of this AD, after paragraph (g)(1)(i) of this AD is accomplished.
You may take credit for the actions required by paragraph (g)(1)(i) of this AD, if you performed those actions before the effective date of this AD using Honeywell SB AS907-76-9021, Revision 0, dated May 13, 2016.
(1) The Manager, Los Angeles 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 local Flight Standards District Office, as appropriate. If sending information directly to the manager of the certification office, send it to the attention of the person identified in paragraph (l) of this AD.
(2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office.
For more information about this AD, contact Joseph Costa, Aerospace Engineer, Los Angeles ACO Branch, FAA, 3960 Paramount Blvd., Lakewood, CA 90712-4137; phone: 562-627-5246; fax: 562-627-5210; email:
(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) Honeywell Service Bulletin AS907-76-9021, Revision 1, dated April 20, 2017.
(ii) Reserved.
(3) For Honeywell service information identified in this AD, contact Honeywell International Inc., 111 S. 34th Street, Phoenix, AZ 85034-2802; phone: 800-601-3099; internet:
(4) You may view this service information at FAA, Engine and Propeller Standards Branch, 1200 District Avenue, Burlington, MA 01803. For information on the availability of this material at the FAA, call 781-238-7759.
(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 202-741-6030, or go to:
Federal Aviation Administration (FAA), DOT.
Final rule; correction.
The FAA is correcting an airworthiness directive (AD) that published in the
This correction is effective March 16, 2018.
The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of March 16, 2018 (83 FR 5689, February 9, 2018).
For service information identified in this final rule, contact Airbus SAS, Airworthiness Office—EAL, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45 80; email:
You may examine the AD docket on the internet at
Vladimir Ulyanov, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 1601 Lind Avenue SW, Renton, WA 98057-3356; telephone 425-227-1138; fax 425-227-1149.
As published, Airworthiness Directive 2018-02-17, Amendment 39-19170 (83 FR 5689, February 9, 2018) (“AD 2018-02-17”), requires repetitive inspections of certain cargo doors, and repair if necessary, a one-time inspection and adjustment of certain hook gaps, reinforcement of the door frame structure, related investigative and corrective actions if necessary, and a modification. That AD applies to certain Airbus Model A330-200, -200 Freighter, and -300 series airplanes, and all Model A340-200, -300, -500, and -600 series airplanes.
As published, six paragraph references located in three tables of AD 2018-02-17 are incorrect.
Table 1 to paragraph (h)(1) of AD 2018-02-17 refers to paragraphs (r)(1) and (r)(2) of that AD. Table 2 and table 3 to paragraph (l)(1) of AD 2018-02-17 refer to paragraphs (r)(3) and (r)(4) of that AD. In the notice of proposed rulemaking (NPRM) (82 FR 37360, August 10, 2017), these references were correct. However, during the development of the final rule for AD 2018-02-17, paragraph (r) was redesignated as paragraph (s) but the references to paragraph (r) were not updated accordingly. Where the tables in AD 2018-02-17 refer to paragraphs (r)(1), (r)(2), (r)(3), and (r)(4), the correct references are paragraphs (s)(1), (s)(2), (s)(3), and (s)(4) of this AD.
Airbus has issued the following service information.
The following service information describes procedures for inspecting and repairing the frame fork area at beam 4 and frame head area at beam 1 from frame 20B to frame 25 of the forward cargo door, and adjusting the hook gaps “U” and “V.” This service information is distinct since it applies to different airplane models.
• Service Bulletin A330-52-3087, Revision 02, including Appendix 01, dated February 18, 2016.
• Service Bulletin A340-52-4095, Revision 02, including Appendix 01, dated November 29, 2015.
• Service Bulletin A340-52-5020, Revision 02, including Appendices 01 and 02, dated November 27, 2015.
The following service information describes procedures for modifying the frame fork area at beam 4 and frame head area at beam 1 from frame 20B to frame 25 of the forward cargo door frame. This service information is distinct since it applies to different airplane models and configurations.
• Service Bulletin A330-52-3105, dated February 24, 2016.
• Service Bulletin A330-52-3110, dated February 15, 2016.
• Service Bulletin A330-52-3111, dated February 15, 2016.
• Service Bulletin A340-52-4108, dated February 15, 2016.
• Service Bulletin A340-52-4113, dated February 15, 2016.
• Service Bulletin A340-52-4114, dated February 15, 2016.
The following service information describes procedures for modifying the fastener holes in the forward cargo door frame structure by cold working and changing the fastener type and size. This service information is distinct since it applies to different airplane models and configurations.
• Service Bulletin A330-52-3116, dated April 20, 2016.
• Service Bulletin A330-52-3117, dated April 20, 2016.
• Service Bulletin A330-52-3118, dated April 20, 2016.
• Service Bulletin A340-52-4119, dated April 20, 2016.
• Service Bulletin A340-52-4120, dated April 20, 2016.
• Service Bulletin A340-52-4121, dated April 20, 2016.
The following service information describes procedures for inspecting the frame fork area at beam 4 and frame head area at beam 1 of the aft cargo door from frame 60 to frame 64A, adjusting the hook gaps “U” and “V,” and doing corrective actions. This service information is distinct since it applies to different airplane models and configurations.
• Service Bulletin A330-52-3095, Revision 02, including Appendices 01 and 02, dated February 19, 2016.
• Service Bulletin A340-52-4101, Revision 02, including Appendices 01 and 02, dated November 27, 2015.
• Service Bulletin A340-52-5023, Revision 02, including Appendices 01 and 02, dated November 27, 2015.
The following service information describes procedures for modifying the frame fork and head of the aft cargo door frame from frame 59A to frame 65. This service information is distinct since it applies to different airplane models and configurations.
• Service Bulletin A330-52-3106, dated February 24, 2016.
• Service Bulletin A330-52-3112, dated February 24, 2016.
• Service Bulletin A330-52-3113, dated February 15, 2016.
• Service Bulletin A330-52-3114, dated February 15, 2016.
• Service Bulletin A340-52-4109, dated February 25, 2016.
• Service Bulletin A340-52-4115, dated February 19, 2016.
The following service information describes procedures for modifying the fastener holes in the aft cargo door frame structure by cold working and changing the fastener type and size. This service information is distinct since it applies to different airplane models.
• Service Bulletin A330-52-3115, dated April 20, 2016.
• Service Bulletin A340-52-4118, dated April 20, 2016.
This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the
This document corrects several errors and correctly adds the AD as an amendment to 14 CFR 39.13. Although no other part of the preamble or regulatory information has been corrected, we are publishing the entire rule in the
The effective date of this AD remains March 16, 2018.
Since this action only corrects paragraph references, it has no adverse economic impact and imposes no additional burden on any person. Therefore, we have determined that notice and public procedures are unnecessary.
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.
Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows:
49 U.S.C. 106(g), 40113, 44701.
This AD is effective March 16, 2018.
This AD replaces AD 2012-12-12, Amendment 39-17092 (77 FR 37797, June 25, 2012); and AD 2013-16-26, Amendment 39-17564 (78 FR 53640, August 30, 2013).
This AD applies to the Airbus airplanes identified in paragraphs (c)(1) and (c)(2) of this AD, certificated in any category, all manufacturer serial numbers, except those on which Airbus Modification 202702 and Modification 202790 have been embodied in production; and the Airbus airplanes identified in paragraphs (c)(3) through (c)(5) of this AD, certificated in any category, all manufacturer serial numbers.
(1) Model A330-201, -202, -203, -223, -223F, -243, and -243F airplanes.
(2) Model A330-301, -302, -303, -321, -322, -323, -341, -342, and -343 airplanes.
(3) Model A340-211, -212, and -213 airplanes.
(4) Model A340-311, -312, and -313 airplanes.
(5) Model A340-541 and -642 airplanes.
Air Transport Association (ATA) of America Code 52, Doors.
This AD was prompted by reports of cracked forward and aft cargo door frames, and loose, missing, or sheared rivets. We are issuing this AD to detect and correct cracked or ruptured cargo door frames, which could result in reduced structural integrity of the forward or aft cargo door.
Comply with this AD within the compliance times specified, unless already done.
For the purpose of this AD, the affected cargo doors are pre-modification 202702 (forward cargo door) and pre-modification 202790 (aft cargo door), and are listed by part number (P/N) in the applicable service information identified in paragraph (h)(1) or (l)(1) of this AD. For post-modification doors, which are not affected by this AD, the part numbers are identified as F52370900XXX (forward cargo door) and F52372315XXX (aft cargo door), where “XXX” can be a combination of any three numerical digits.
(1) Before exceeding 5,300 total flight cycles since first installation of the forward cargo door on an airplane, or within the applicable compliance time specified in table 1 to paragraph (h)(1) of this AD, whichever occurs later, except as specified in paragraph (q) of this AD: Do all applicable detailed and high frequency eddy current (HFEC) inspections of all frame fork areas, frame head areas, and outer skin areas of each affected forward cargo door, as applicable; in accordance with the Accomplishment Instructions of the applicable service information specified in paragraph (h)(1)(i), (h)(1)(ii), or (h)(1)(iii) of this AD. Do all applicable related investigative actions and corrective actions before further flight in accordance with the Accomplishment Instructions of the applicable service information specified in paragraph (h)(1)(i), (h)(1)(ii), or (h)(1)(iii) of this AD, except as required by paragraph (p) of this AD. Repeat the applicable inspections of the frame fork areas, frame head areas, and outer skin areas of each affected forward cargo door thereafter at intervals not to exceed 1,400 flight cycles.
(i) Airbus Service Bulletin A330-52-3087, Revision 02, including Appendix 01, dated February 18, 2016 (“SB A330-52-3087, R02”).
(ii) Airbus Service Bulletin A340-52-4095, Revision 02, including Appendix 01, dated November 29, 2015 (“SB A340-52-4095, R02”).
(iii) Airbus Service Bulletin A340-52-5020, Revision 02, including Appendices 01 and 02, dated November 27, 2015 (“SB A340-52-5020, R02”).
(2) Concurrently with the first inspection required by paragraph (h)(1) of this AD: Do a one-time detailed inspection of the hook gaps “U” and “V” of each affected forward cargo door for proper adjustment, and, depending on findings, adjust the hook(s), in accordance with the Accomplishment Instructions of the applicable service information specified in paragraph (h)(2)(i), (h)(2)(ii), or (h)(2)(iii) of this AD. Do all the required hook gap adjustments before further flight.
(i) SB A330-52-3087, R02.
(ii) SB A340-52-4095, R02.
(iii) SB A340-52-5020, R02.
(1) Except as specified in paragraph (i)(2) of this AD, before exceeding 18,500 total flight cycles since first installation of the forward cargo door on an airplane, or within 12 months after March 16, 2018 (the effective date of this AD), whichever occurs later: Do reinforcement modifications on the frame structure of each affected forward cargo door, in accordance with the Accomplishment Instructions of the applicable service information specified in paragraphs (i)(1)(i) through (i)(1)(vi) of this AD, except as required by paragraph (p) of this AD.
(i) Airbus Service Bulletin A330-52-3105, dated February 24, 2016 (for certain Model A330-202, -223, and -243 airplanes; and Model A330-301, -321, -322, -341, and -342 airplanes).
(ii) Airbus Service Bulletin A330-52-3110, dated February 15, 2016 (for certain Model A330-202, -203, -223, and -243 airplanes; and Model A330-303, -323, and -343 airplanes).
(iii) Airbus Service Bulletin A330-52-3111, dated February 15, 2016 (for certain Model A330-202, -203, -223, -223F, -243, and -243F airplanes; and Model A330-302, -303, -323, -342, and -343 airplanes).
(iv) Airbus Service Bulletin A340-52-4108, dated February 15, 2016 (for certain Model A340-211, -212, and -213 airplanes; and Model A340-311, -312, and -313 airplanes).
(v) Airbus Service Bulletin A340-52-4113, dated February 15, 2016 (for certain Model A340-312 and -313 airplanes).
(vi) Airbus Service Bulletin A340-52-4114, dated February 15, 2016 (for certain Model A340-313 airplanes).
(2) Accomplishment of the reinforcement modifications required by paragraph (i)(1) of this AD may be deferred, provided that, before exceeding 18,500 total flight cycles since first installation of the forward cargo door on an airplane, or within 12 months after March 16, 2018 (the effective date of this AD), whichever occurs later, but not earlier than 14,500 total flight cycles for Model A330 airplanes, or 12,500 total flight cycles for Model A340 airplanes, cold working is accomplished on the frame structure of each affected forward cargo door, in accordance with the Accomplishment Instructions of the applicable service information specified in paragraphs (i)(2)(i) through (i)(2)(vi) of this AD, except as required by paragraph (p) of this AD. Modification of an airplane by accomplishment of the cold working specified in this paragraph does not constitute terminating action for the repetitive inspections required by paragraph (h)(1) of this AD.
(i) Airbus Service Bulletin A330-52-3116, dated April 20, 2016 (for certain Model A330-202, -223, and -243 airplanes; and Model A330-301, -321, -322, -341, and -342 airplanes).
(ii) Airbus Service Bulletin A330-52-3117, dated April 20, 2016 (for certain Model A330-202, -203, -223, and -243 airplanes; and Model A330-303, -323, and -343 airplanes).
(iii) Airbus Service Bulletin A330-52-3118, dated April 20, 2016 (for certain Model A330-202, -203, -223, -223F, -243, and -243F airplanes; and Model A330-302, -303, -323, -342, and -343 airplanes).
(iv) Airbus Service Bulletin A340-52-4119, dated April 20, 2016 (for certain Model A340-211, -212, and -213 airplanes; and Model A340-311, -312, and -313 airplanes).
(v) Airbus Service Bulletin A340-52-4120, dated April 20, 2016 (for certain Model A340-312 and -313 airplanes).
(vi) Airbus Service Bulletin A340-52-4121, dated April 20, 2016 (for certain Model A340-313 airplanes).
(3) Within 18,500 flight cycles after cold working is accomplished on the frame structure of each affected forward cargo door as specified in paragraph (i)(2) of this AD: Do the reinforcement modifications on the frame structure of each affected forward cargo door, using a method approved by the Manager, International Section, Transport Standards Branch, FAA; or the European Aviation Safety Agency (EASA); or Airbus's EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature.
Modification of an airplane by reinforcement of the forward cargo door frame structure required by paragraph (i)(1) or (i)(3) of this AD constitutes terminating action for the inspections required by paragraph (h)(1) and (h)(2) of this AD for that airplane.
(1) For the purpose of this AD, pre-modified Model A330-200 series airplanes, Model A330-200 Freighter series airplanes, Model A330-300 series airplanes, Model A340-200 series airplanes, and Model A340-300 series airplanes are defined as those not having Airbus Modification 44852, or Modification 44854 applied in production, or being in pre-Airbus Service Bulletin A330-52-3044 or pre-Airbus Service Bulletin A340-52-4054 configuration, as applicable.
(2) For the purpose of this AD, post-modification Model A330-200 series airplanes, Model A330-200 Freighter series airplanes, Model A330-300 series airplanes, Model A340-200 series airplanes, and Model
(1) Before exceeding 4,000 total flight cycles for pre-modified airplanes, or 12,000 total flight cycles for post-modified airplanes, since first installation of the aft cargo door on an airplane, as applicable, or within the compliance time specified in table 2 to paragraph (l)(1) of this AD or table 3 to paragraph (l)(1) of this AD, as applicable, whichever occurs later, except as specified in paragraph (q) of this AD: Do all applicable inspections of all frame fork areas, frame head areas, and outer skin area of each affected aft cargo door, in accordance with the Accomplishment Instructions of the applicable service information specified in paragraph (l)(1)(i), (l)(1)(ii), or (l)(1)(iii) of this AD. Do all applicable related investigative actions and corrective actions before further flight in accordance with the Accomplishment Instructions of the applicable service information specified in paragraph (l)(1)(i), (l)(1)(ii), or (l)(1)(iii) of this AD, except as required by paragraph (p) of this AD. Repeat the applicable inspections thereafter at intervals not to exceed 1,400 flight cycles.
(i) Airbus Service Bulletin A330-52-3095, Revision 02, including Appendices 01 and 02, dated February 19, 2016 (“SB A330-52-3095, R02”).
(ii) Airbus Service Bulletin A340-52-4101, Revision 02, including Appendices 01 and 02, dated November 27, 2015 (“SB A340-52-4101, R02”).
(iii) Airbus Service Bulletin A340-52-5023, Revision 02, including Appendices 01 and 02, dated November 27, 2015 (“SB A340-52-5023, R02”).
(2) Concurrently with the first inspection required by paragraph (l)(1) of this AD: Do a one-time detailed inspection of the hook gaps “U” and “V” of each affected aft cargo door for proper adjustment and, depending on findings, adjust the hook(s) in accordance with the Accomplishment Instructions of the applicable service information specified in paragraph (l)(2)(i), (l)(2)(ii), or (l)(2)(iii) of this AD. Do all the required hook gap adjustments before further flight.
(i) SB A330-52-3095, R02.
(ii) SB A340-52-4101, R02.
(iii) SB A340-52-5023, R02.
(1) For pre-modified airplanes, except as specified in paragraph (m)(2) of this AD: Before exceeding 18,500 total flight cycles since first installation of the aft cargo door on an airplane, or within 12 months after March 16, 2018 (the effective date of this AD), whichever occurs later, do reinforcement modifications, in accordance with the Accomplishment Instructions of the applicable service information specified in paragraphs (m)(1)(i) through (m)(1)(vi) of this AD, except as required by paragraph (p) of this AD.
(i) Airbus Service Bulletin A330-52-3106, dated February 24, 2016 (for certain Model A330-301, -321, -322, -341, and -342 airplanes).
(ii) Airbus Service Bulletin A330-52-3112, dated February 24, 2016 (for certain Model A330-202 and -223 airplanes; and Model A330-301, -322, -341, and -342 airplanes).
(iii) Airbus Service Bulletin A330-52-3113, dated February 15, 2016 (for certain Model A330-223 and -243 airplanes; and Model A330-322 and -342 airplanes).
(iv) Airbus Service Bulletin A330-52-3114, dated February 15, 2016 (for certain Model A330-202, -203, -223, -223F, -243, and -243F airplanes; and Model A330-302, -303, -323, -342, and -343 airplanes).
(v) Airbus Service Bulletin A340-52-4109, dated February 25, 2016 (for certain Model A340-211, -212, and -213 airplanes; and Model A340-311, -312, and -313 airplanes).
(vi) Airbus Service Bulletin A340-52-4115, dated February 19, 2016 (for certain Model A340-212, -213, and -313 airplanes).
(2) Accomplishment of the reinforcement modifications required by paragraph (m)(1) of this AD may be deferred provided that before exceeding 18,500 total flight cycles since first installation of the aft cargo door on an airplane, or within 12 months after March 16, 2018 (the effective date of this AD), whichever occurs later, but not earlier than 14,500 total flight cycles, cold working is accomplished on the frame structure of each affected aft cargo door, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A330-52-3115, dated April 20, 2016; or Airbus Service Bulletin A340-52-4118, dated April 20, 2016; as applicable.
(3) For an airplane on which the cold working on the cargo door frame structure is accomplished, as specified in paragraph (m)(2) of this AD: Within 18,500 flight cycles after the application of cold working, do reinforcement modifications, in accordance with the Accomplishment Instructions of the service information specified in paragraphs (m)(1)(i) through (m)(1)(vi) of this AD, as applicable, or using a method approved by the Manager, International Section, Transport Standards Branch, FAA; or EASA; or Airbus's EASA DOA. If approved by the DOA, the approval must include the DOA-authorized signature.
Modification of an airplane by reinforcement of the aft cargo door frame structure required by paragraph (m)(1) or (m)(3) of this AD constitutes terminating action for the inspections required by paragraph (l)(1) and (l)(2) of this AD for that airplane.
For post-modified airplanes, modification of an airplane by reinforcement of the aft cargo door frame structure, in accordance with the Accomplishment Instructions of the applicable service information specified in paragraphs (m)(1)(i) through (m)(1)(vi) of this AD, or using a method approved by the Manager, International Section, Transport Standards Branch, FAA; or EASA; or Airbus's EASA DOA, constitutes terminating action for the inspections required by paragraph (l)(1) and (l)(2) of this AD for that airplane. If approved by the DOA, the approval must include the DOA-authorized signature.
Where the service information specified in paragraphs (h)(1), (i)(1), (i)(2), (l)(1), and (m) of this AD specifies to contact Airbus for instructions or repair, before further flight, accomplish corrective actions in accordance with the procedures specified in paragraph (t)(2) of this AD.
For the purposes of table 1 to paragraph (h)(1) of this AD, table 2 to paragraph (l)(1) of this AD, and table 3 to paragraph (l)(1) of this AD: As soon as a cargo door is inspected using any applicable service information specified in this AD, the previous inspections accomplished in accordance with any alert operator transmission can be disregarded for the determination of the compliance time for the initial inspection required by this AD.
Although the Airbus service bulletins specified in paragraphs (r)(1) through (r)(6) of this AD specify to submit certain information to the manufacturer, and specify that action as “RC” (Required for Compliance), this AD does not include that requirement.
(1) SB A330-52-3087, R02.
(2) SB A330-52-3095, R02.
(3) SB A340-52-4095, R02.
(4) SB A340-52-4101, R02.
(5) SB A340-52-5020, R02.
(6) SB A340-52-5023, R02.
(1) This paragraph provides credit for the initial inspection required by paragraph (h) of this AD, if that inspection was performed before March 16, 2018 (the effective date of this AD), using Airbus Service Bulletin A330-52-3087, dated August 29, 2013; Airbus Service Bulletin A340-52-4095, dated August 29, 2013; or Airbus Service Bulletin A340-52-5020, dated August 29, 2013; as applicable; provided that the actions identified as “additional work” in the Accomplishment Instructions of Airbus Service Bulletin A330-52-3087, Revision 01, dated July 9, 2014; Airbus Service Bulletin A340-52-4095, Revision 01, dated July 28, 2014; or Airbus Service Bulletin A340-52-5020, Revision 01, dated July 9, 2014; as applicable; are accomplished within 1,100 flight cycles after that inspection; and provided the next inspection of all frame fork areas, frame head areas, and outer skin area of each affected forward cargo door is accomplished within 1,100 flight cycles after that inspection, in accordance with the Accomplishment Instructions of SB A330-52-3087, R02; SB A340-52-4095, R02; or SB A340-52-5020, R02, as applicable.
(2) This paragraph provides credit for the initial inspection required by paragraph (h) of this AD, if that inspection was performed before March 16, 2018 (the effective date of this AD), using Airbus Service Bulletin A330-52-3087, Revision 01, dated July 9, 2014; Airbus Service Bulletin A340-52-4095, Revision 01, dated July 28, 2014; or Airbus Service Bulletin A340-52-5020, Revision 01, dated July 9, 2014; as applicable; provided that the next inspection of all frame fork areas, frame head areas, and outer skin area of each affected forward cargo door, is accomplished within 1,100 flight cycles after that inspection in accordance with the Accomplishment Instructions of SB A330-52-3087, R02; SB A340-52-4095, R02; or SB A340-52-5020, R02, as applicable.
(3) This paragraph provides credit for the initial inspection required by paragraph (l) of this AD, if that inspection was performed before March 16, 2018 (the effective date of this AD), using Airbus Service Bulletin A330-52-3095, dated August 29, 2013; Airbus Service Bulletin A340-52-4101, dated August 29, 2013; or Airbus Service Bulletin A340-52-5023, dated August 29, 2013; provided that the actions identified as “additional work” in the Accomplishment Instructions of Airbus Service Bulletin A330-52-3095, Revision 01, dated July 28, 2014; Airbus Service Bulletin A340-52-4101, Revision 01, dated July 28, 2014; or Airbus Service Bulletin A340-52-5023, Revision 01, dated July 28, 2014; as applicable; are accomplished within 550 flight cycles after that inspection, and provided the next inspection of all frame fork areas, frame head areas, and outer skin area of each affected aft cargo door is accomplished within 550 flight cycles after that inspection in accordance with the Accomplishment Instructions of SB A330-52-3095, R02; SB A340-52-4101, R02; or SB A340-52-5023, R02, as applicable.
(4) This paragraph provides credit for the initial inspection required by paragraph (l) of this AD, if that inspection was performed before March 16, 2018 (the effective date of this AD), using Airbus Service Bulletin A330-52-3095, Revision 01, dated July 28, 2014; Airbus Service Bulletin A340-52-4101, Revision 01, dated July 28, 2014; or Airbus Service Bulletin A340-52-5023, Revision 01, dated July 28, 2014; as applicable; provided that the next inspection of all frame fork areas, frame head areas, and outer skin area of each affected aft cargo door is accomplished within 550 flight cycles after that inspection in accordance with the Accomplishment Instructions of SB A330-52-3095, R02; SB A340-52-4101, R02; or SB A340-52-5023, R02, as applicable.
(5) Where Airbus Service Bulletins A330-52-3095, Revision 01, dated July 28, 2014; A340-52-4101, Revision 01, dated July 28, 2014; A340-52-5020, Revision 01, dated July 9, 2014; and A340-52-5023, Revision 01, dated July 28, 2014; refer to using fasteners having P/N ASNA2657, this AD also allows the use of alternative HST11 series fasteners.
The following provisions also apply to this AD:
(1)
(2)
(3)
(1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA AD 2016-0188, dated September 21, 2016; corrected September 22, 2016; for related information. This MCAI may be found in the AD docket on the internet at
(2) For more information about this AD, contact Vladimir Ulyanov, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 1601 Lind Avenue SW, Renton, WA 98057-3356; telephone 425-227-1138; fax 425-227-1149.
(3) Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (v)(4) and (v)(5) of this AD.
(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 this AD specifies otherwise.
(3) The following service information was approved for IBR on March 16, 2018 (83 FR 5689, February 9, 2018).
(i) Airbus Service Bulletin A330-52-3087, Revision 02, including Appendix 01, dated February 18, 2016.
(ii) Airbus Service Bulletin A330-52-3095, Revision 02, including Appendices 01 and 02, dated February 19, 2016.
(iii) Airbus Service Bulletin A330-52-3105, dated February 24, 2016.
(iv) Airbus Service Bulletin A330-52-3106, dated February 24, 2016.
(v) Airbus Service Bulletin A330-52-3110, dated February 15, 2016.
(vi) Airbus Service Bulletin A330-52-3111, dated February 15, 2016.
(vii) Airbus Service Bulletin A330-52-3112, dated February 24, 2016.
(viii) Airbus Service Bulletin A330-52-3113, dated February 15, 2016.
(ix) Airbus Service Bulletin A330-52-3114, dated February 15, 2016.
(x) Airbus Service Bulletin A330-52-3115, dated April 20, 2016.
(xi) Airbus Service Bulletin A330-52-3116, dated April 20, 2016.
(xii) Airbus Service Bulletin A330-52-3117, dated April 20, 2016.
(xiii) Airbus Service Bulletin A330-52-3118, dated April 20, 2016.
(xiv) Airbus Service Bulletin A340-52-4095, Revision 02, including Appendix 01, dated November 29, 2015.
(xv) Airbus Service Bulletin A340-52-4101, Revision 02, including Appendices 01 and 02, dated November 27, 2015.
(xvi) Airbus Service Bulletin A340-52-4108, dated February 15, 2016.
(xvii) Airbus Service Bulletin A340-52-4109, dated February 25, 2016.
(xviii) Airbus Service Bulletin A340-52-4113, dated February 15, 2016.
(xix) Airbus Service Bulletin A340-52-4114, dated February 15, 2016.
(xx) Airbus Service Bulletin A340-52-4115, dated February 19, 2016.
(xxi) Airbus Service Bulletin A340-52-4118, dated April 20, 2016.
(xxii) Airbus Service Bulletin A340-52-4119, dated April 20, 2016.
(xxiii) Airbus Service Bulletin A340-52-4120, dated April 20, 2016.
(xxiv) Airbus Service Bulletin A340-52-4121, dated April 20, 2016.
(xxv) Airbus Service Bulletin A340-52-5020, Revision 02, including Appendices 01 and 02, dated November 27, 2015.
(xxvi) Airbus Service Bulletin A340-52-5023, Revision 02, including Appendices 01 and 02, dated November 27, 2015.
(4) For service information identified in this AD, contact Airbus SAS, Airworthiness Office—EAL, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone: +33 5 61 93 36 96; fax: +33 5 61 93 45 80; email:
(5) You may view this service information at the FAA, Transport Standards Branch, 1601 Lind Avenue SW, Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221.
(6) 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 202-741-6030, or go to:
Federal Aviation Administration (FAA), Department of Transportation (DOT).
Final rule.
We are superseding Airworthiness Directive (AD) 2013-19-12 for GA 8 Airvan (Pty) Ltd Models GA8 and GA8-TC320 airplanes. This AD results from mandatory continuing airworthiness information (MCAI) issued by an aviation authority of another country to identify and address an unsafe condition on an aviation product. The MCAI describes the unsafe condition as the fuel system integral sump tank not meeting FAA regulations. We are issuing this AD to require actions to address the unsafe condition on these products.
This AD is effective April 12, 2018.
The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of April 12, 2018.
You may examine the AD docket on the internet at
For service information identified in this AD, contact GA 8 Airvan (Pty) Ltd, c/o GippsAero Pty Ltd, Attn: Technical Services, P.O. Box 881, Morwell Victoria 3840, Australia; telephone: +61 03 5172 1200; fax: +61 03 5172 1201; email:
Doug Rudolph, Aerospace Engineer, FAA, Small Airplane Standards Branch, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4059; fax: (816) 329-4090; email:
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to GA 8 Airvan (Pty) Ltd Models GA8 and GA8-TC320 airplanes. That NPRM was published in the
Since we issued AD 2013-19-12, the related service information has been amended to incorporate a modification
The NPRM proposed to address an unsafe condition for the specified products and was based on mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country. The MCAI states that:
The GippsAero GA8 and GA8-TC 320 aircraft Mk II fuel system features an integral sump tank located in the floor structure forward of the co-pilot seat. The current configuration of the compartments adjacent to the Mk II sump tank does not meet the requirements of regulation 23.967(b) of the Federal Aviation Regulations of the United States of America in that they are not suitably ventilated and drained to prevent the accumulation of flammable fluids or vapours.
Amendment 1 of this [CASA] directive mandates ventilation of the area around the integral sump tank as presented in SB-GA8-2012-96 Issue 6 to meet the requirements of regulation 23.967(b) of the Federal Aviation Regulations of the United States of America.
We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM or on the determination of the cost to the public.
We reviewed the relevant data and determined that air safety and the public interest require adopting this AD as proposed except for minor editorial changes. We have determined that these minor changes:
• Are consistent with the intent that was proposed in the NPRM for addressing the unsafe condition; and
• Do not add any additional burden upon the public than was already proposed in the NPRM.
We reviewed GippsAero Service Bulletin SB-GA8-2012-96, Issue 6, dated July 21, 2016. This service information describes procedures for modifying the fuel ventilation and drainage system. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the
We estimate that this AD will affect 47 products of U.S. registry. We also estimate that it will take about 3 work-hours per product to do fuel system ventilation and drainage modification requirement of this AD (this action is retained from AD 2013-19-12). The average labor rate is $85 per work-hour.
Based on these figures, we estimate the cost of this portion of this AD on U.S. operators to be $11,985, or $255 per product.
We also estimate that it will take about 4 work-hours per product to do the supplementary fuel ventilation modification requirement of this AD. The average labor rate is $85 per work-hour. Required parts will cost about $932 per product.
Based on these figures, we estimate the cost of this portion of this AD on U.S. operators to be $59,784, or $1,272 per product.
In addition, we estimate that it will take about 4 work-hours per product to do the cargo pod modification requirement of this AD (this action is retained from AD 2013-19-12). The average labor rate is $85 per work-hour. Required parts will cost about $1,000 per product, for a cost of $1,340 per product. We have no way of determining the number of products that may need this action.
According to the manufacturer, some of the costs of this AD may be covered under warranty, thereby reducing the cost impact on affected individuals. We do not control warranty coverage for affected individuals. As a result, we have included all costs in our cost estimate.
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 products identified in this rulemaking action.
This AD is issued in accordance with authority delegated by the Executive Director, Aircraft Certification Service, as authorized by FAA Order 8000.51C. In accordance with that order, issuance of ADs is normally a function of the Compliance and Airworthiness Division, but during this transition period, the Executive Director has delegated the authority to issue ADs applicable to small airplanes, gliders, balloons, airships, domestic business jet transport airplanes, and associated appliances to the Director of the Policy and Innovation Division.
We determined that 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 this AD:
(1) Is not a “significant regulatory action” under Executive Order 12866,
(2) Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979),
(3) Will not affect intrastate aviation in Alaska, 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.
You may examine the AD docket on the internet at
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.
Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:
49 U.S.C. 106(g), 40113, 44701.
This airworthiness directive (AD) becomes effective April 12, 2018.
This AD replaces AD 2013-19-12, Amendment 39-17594 (78 FR 58872, September 25, 2013) (“AD 2013-19-12”).
This AD applies to the following GA 8 Airvan (Pty) Ltd airplane models and serial numbers (S/Ns) presented in paragraphs (c)(1) and (c)(2) that are certificated in any category:
(1)
(i)
(ii)
(2)
(i)
(ii)
The last three digits (third tier designation) of the affected airplane model S/Ns are sequential regardless of the model designation (first tier designation) or the year produced (second tier designation).
Air Transport Association of America (ATA) Code 28: Fuel System.
This AD was prompted by mandatory continuing airworthiness information (MCAI) issued by the aviation authority of another country to identify and address an unsafe condition on an aviation product. The MCAI describes the unsafe condition as the fuel system integral sump tank not meeting FAA regulations. We are issuing this AD to prevent the accumulation of flammable fluids or vapors, which could lead to a flammability issue.
Unless already done, do the following actions:
(1)
(2)
(3)
This AD allows credit for airplanes that were previously affected by AD 2013-19-12 and the actions required in paragraphs (f)(1) and (f)(2) of this AD were previously done following Part 1 and Part 2 of GippsAero Mandatory Service Bulletin SB-GA8-2012-96, Issue 4, dated August 12, 2013.
The following provisions also apply to this AD:
(1)
(2)
Refer to MCAI Civil Aviation Safety Authority (CASA) AD No. AD/GA8/7, Amendment 1, dated November 13, 2017; and GippsAero Mandatory Service Bulletin SB-GA8-2012-96, Issue 4, dated August 12, 2013. You may examine the MCAI on the internet at
(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 this AD specifies otherwise.
(i) GippsAero Service Bulletin SB-GA8-2012-96, Issue 6, dated July 21, 2016.
(ii) Reserved.
(3) For GA 8 Airvan (Pty) Ltd service information identified in this AD, contact GA 8 Airvan (Pty) Ltd, c/o GippsAero Pty Ltd, Attn: Technical Services, P.O. Box 881, Morwell Victoria 3840, Australia; telephone: +61 03 5172 1200; fax: +61 03 5172 1201; email:
(4) You may view this service information at FAA, Policy and Innovation Division, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call 816-329-4148. In addition, you can access this service information on the internet at
(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 202-741-6030, or go to:
Federal Aviation Administration (FAA), DOT.
Final rule.
This action removes Class E airspace extending upward from 700 feet above the surface at Centerville, MD. Because the Maryland State Police Trooper 6 Heliport has moved, controlled airspace is no longer required at this location. Another rulemaking will be forthcoming establishing controlled airspace at the heliport's new location.
Effective 0901 UTC, May 24, 2018. The Director of the Federal Register approves this incorporation by reference action under title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.11 and publication of conforming amendments.
FAA Order 7400.11B, Airspace Designations and Reporting Points, and subsequent amendments can be viewed online at
FAA Order 7400.11, Airspace Designations and Reporting Points, is published yearly and effective on September 15.
John Fornito, Operations Support Group, Eastern Service Center, Federal Aviation Administration, 1701 Columbia Ave., College Park, GA 30337; telephone (404) 305-6364.
The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it supports the removal of Class E airspace at Centerville, MD, due to the closing of the Maryland State Police Trooper 6 Heliport.
The FAA published a notice of proposed rulemaking (NPRM) in the
Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received.
Class E airspace designations are published in paragraph 6005 of FAA Order 7400.11B dated August 3, 2017, and effective September 15, 2017, which is incorporated by reference in 14 CFR part 71.1. The Class E airspace designations listed in this document will be published subsequently in the Order.
This document amends FAA Order 7400.11B, Airspace Designations and Reporting Points, dated August 3, 2016, and effective September 15, 2016. FAA Order 7400.11B is publicly available as listed in the
This amendment to Title 14, Code of Federal Regulations (14 CFR) part 71 removes Class E airspace extending upward from 700 feet above the surface at Maryland State Police Trooper 6 Heliport, Centerville, MD, due to the closing of the heliport. The heliport has moved to a new location. Therefore, the airspace is no longer necessary at this site.
The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore: (1) Is not a “significant regulatory action” under Executive Order 12866, (2) is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979) and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that only affects air traffic procedures and air navigation, it is certified that this rule, when promulgated, does not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.
The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with FAA Order 1050.1F, “Environmental Impacts: Policies and Procedures,” paragraph 5-6.5a. This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exist that warrant preparation of an environmental assessment.
Airspace, Incorporation by reference, Navigation (air).
In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows:
49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.
Federal Aviation Administration (FAA), DOT.
Final rule.
This action amends Class E airspace at Berlin, NH, due to the addition of a localizer performance with vertical guidance function (LPV) to runway 18 being created for Berlin Regional Airport (formerly Berlin Municipal Airport). This action also updates the geographic coordinates of the airport to coincide with the FAA's aeronautical database.
Effective 0901 UTC, May 24, 2018. The Director of the Federal Register approves this incorporation by reference action under title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.11 and publication of conforming amendments.
FAA Order 7400.11B, Airspace Designations and Reporting Points, and subsequent amendments can be viewed on line at
FAA Order 7400.11, Airspace Designations and Reporting Points, is published yearly and effective on September 15.
John Fornito, Operations Support Group, Eastern Service Center, Federal Aviation Administration, 1701 Columbia Av, College Park, GA 30337; telephone (404) 305-6364.
The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it amends Class E airspace extending upward from 700 feet above the surface at Berlin Regional Airport, Berlin, NH, to support IFR operations at the airport.
The FAA published a notice of proposed rulemaking in the
Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received.
Class E airspace designations are published in paragraph 6005 of FAA Order 7400.11B dated August 3, 2017, and effective September 15, 2017, which is incorporated by reference in 14 CFR part 71.1. The Class E airspace designations listed in this document will be published subsequently in the Order.
This document amends FAA Order 7400.11B, Airspace Designations and Reporting Points, dated August 3, 2017, and effective September 15, 2017. FAA Order 7400.11B is publicly available as listed in the
This amendment to Title 14, Code of Federal Regulations (14 CFR) part 71 amends Class E airspace extending upward from 700 feet above the surface within a 10.5-mile radius (increased from a 8.2-mile radius) of Berlin Regional Airport, Berlin, NH, due to the addition of LPV capabilities to runway 18 at the airport The extension north of the airport is removed as the Berlin VOR/DME navigation aid is no longer needed to define the airspace.
This action also adjusts the geographic coordinates of the airport to coincide with the FAA's aeronautical database, and the airport name is updated to Berlin Regional Airport (formerly Berlin Municipal Airport).
The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore: (1) Is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that only affects air traffic procedures and air navigation, it is certified that this rule, when promulgated, does not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.
The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with FAA Order 1050.1F, “Environmental Impacts: Policies and Procedures,” paragraph 5-6.5a. This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exist that warrant preparation of an environmental assessment.
Airspace, Incorporation by reference, Navigation (air).
In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows:
49 U.S.C. 106(f), 106(g); 40103, 40113, 40120, E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.
(Lat. 44°34′31″ N, long. 71°10′33″ W)
That airspace extending upward from 700 feet above the surface within a 10.5-mile radius of Berlin Regional Airport.
Federal Aviation Administration (FAA), DOT.
Final rule.
This action amends Class E airspace extending upward from 700 feet or more above the surface at Marshall County Airport, Moundsville, WV, due to the FAA's reevaluation of the airspace. This amendment results in an increase from a 6.2-mile radius to a 7.3-mile radius of the airport. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations at this airport. This action also updates the geographic coordinates of this airport.
Effective 0901 UTC, May 24, 2018. The Director of the Federal Register approves this incorporation by reference action under title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.11 and publication of conforming amendments.
FAA Order 7400.11B, Airspace Designations and Reporting Points, and subsequent amendments can be viewed online at
FAA Order 7400.11, Airspace Designations and Reporting Points, is published yearly and effective on September 15.
John Fornito, Operations Support Group, Eastern Service Center, Federal Aviation Administration, 1701 Columbia Ave., College Park, GA 30337; telephone (404) 305-6364.
The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it amends Class E airspace at Marshall County Airport, Moundsville, WV, to support IFR operations at the airport.
The FAA published a notice of proposed rulemaking in the
Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received.
Class E airspace designations are published in paragraph 6005, of FAA Order 7400.11B dated August 3, 2017, and effective September 15, 2017, which is incorporated by reference in 14 CFR part 71.1. The Class E airspace designations listed in this document will be published subsequently in the Order.
This document amends FAA Order 7400.11B, Airspace Designations and Reporting Points, dated August 3, 2017, and effective September 15, 2017. FAA Order 7400.11B is publicly available as listed in the
This action amends Title 14 Code of Federal Regulations (14 CFR) part 71 by amending Class E airspace extending upward from 700 feet or more above the surface within the 7.3-mile (increased from a 6.2-mile) radius of Marshall County Airport, Moundsville, WV. This action also amends the 12-mile segment northeast of the airport extending from the 7.3-mile radius (increased from a 6.2-mile radius). This action is for continued safety and management of IFR operations.
The geographic coordinates of the airport are adjusted to coincide with the FAA's aeronautical database.
The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Therefore, this regulation: (1) Is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979) and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that only affects air traffic procedures and air navigation, it is certified that this rule, when promulgated, does not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.
The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with FAA Order 1050.1F, “Environmental Impacts: Policies and Procedures,” paragraph 5-6.5a. This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exist that warrant preparation of an environmental assessment.
Airspace, Incorporation by reference, Navigation (air).
In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows:
49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.
(Lat. 39°52′51″ N, long. 80°44′09″ W)
That airspace extending upward from 700 feet above the surface within a 7.3-mile radius of Marshall County Airport, and within 2 miles each side of a 051° bearing from the airport, extending from the 7.3-mile radius to 12 miles northeast of the airport.
Coast Guard, DHS.
Notice of deviation from drawbridge regulation.
The Coast Guard has issued temporary deviations from the operating schedules that govern the Grassy Sound Channel (Ocean Drive) Bridge across Grassy Sound Channel, mile 1.0, in Middle Township, NJ and the Townsend Inlet Bridge across Townsend Inlet, mile 0.6, at Avalon, NJ. These deviations are necessary to accommodate the annual Ocean Drive Marathon event. These deviations allows these bridges to remain in the closed-to-navigation position.
These deviations is effective from 9:15 a.m. to 2:30 p.m. on April 22, 2018.
The docket for these deviations, [USCG-2018-0167], is available at
If you have questions on these temporary deviations, call or email Ms. Kashanda Booker, Bridge Administration Branch Fifth District, Coast Guard; telephone (757) 398-6227, email
The Cape May County Department of Public Works, owner of these drawbridges, has requested temporary deviations from the current operating schedules to accommodate the Ocean Drive Marathon event. The Grassy Sound Channel (Ocean Drive) Bridge across Grassy Sound Channel, mile 1.0, in Middle Township, NJ, is a bascule drawbridge with a vertical clearance in the closed position of 15 feet above mean high water. The Townsend Inlet Bridge across Townsend Inlet, mile 0.6, in Avalon, NJ, is a bascule drawbridge with a vertical clearance in the closed position of 23 feet above mean high water.
The Grassy Sound Channel (Ocean Drive) Bridge operating regulations are set out in 33 CFR 117.721 and the Townsend Inlet Bridge operating regulations are set out in 33 CFR 117.757. Under these temporary deviations, these drawbridges will be allowed to remain in the closed-to-navigation position from 9:15 a.m. to 2:30 p.m. on Sunday, April 22, 2018, to accommodate the Ocean City Marathon event. Grassy Sound Channel and Townsend Inlet are used by a variety of vessels including recreational vessels, and small commercial vessels. The Coast Guard has carefully considered the nature and volume of vessel traffic on the waterway in publishing these temporary deviations.
Vessels able to pass through these bridges in the closed position may do so at any time. These bridges will be able to open for emergencies and there is no immediate alternate route for vessels unable to pass through these bridges in the closed position. The Coast Guard will also inform the users of the waterways through our Local and Broadcast Notice to Mariners of the change in operating schedule for these bridges so that vessels can arrange their transits to minimize any impacts caused by this temporary deviation.
In accordance with 33 CFR 117.35(e), these drawbridges must return to the regular operating schedules immediately at the end of the effective period of these temporary deviations. These deviations from the operating regulations are authorized under 33 CFR 117.35.
Federal Aviation Administration (FAA), DOT.
Notice of proposed rulemaking (NPRM).
We propose to adopt a new airworthiness directive (AD) for Bell Helicopter Textron Canada (BHTC) Model 429 helicopters. This proposed AD would require inspecting each main rotor pitch link rod end bearing assembly (bearing) for wear and play. This proposed AD is prompted by reports of worn bearings. The actions of this proposed AD are intended to prevent an unsafe condition on these products.
We must receive comments on this proposed AD by May 7, 2018.
You may send comments by any of the following methods:
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You may examine the AD docket on the internet at
For service information identified in this proposed rule, contact Bell Helicopter Textron Canada Limited, 12,800 Rue de l'Avenir, Mirabel, Quebec J7J1R4; telephone (450) 437-2862 or (800) 363-8023; fax (450) 433-0272; or at
David Hatfield, Aviation Safety Engineer, Safety Management Section, Rotorcraft Standards Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-5110; email
We invite you to participate in this rulemaking by submitting written comments, data, or views. We also invite comments relating to the economic, environmental, energy, or federalism impacts that might result from adopting the proposals in this document. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. To ensure the docket does not contain duplicate comments, commenters should send only one copy of written comments, or if comments are filed electronically, commenters should submit only one time.
We will file in the docket all comments that we receive, as well as a report summarizing each substantive public contact with FAA personnel concerning this proposed rulemaking. Before acting on this proposal, we will consider all comments we receive on or before the closing date for comments. We will consider comments filed after the comment period has closed if it is possible to do so without incurring expense or delay. We may change this proposal in light of the comments we receive.
Transport Canada, which is the aviation authority for Canada, has issued Canadian AD No. CF-2016-39, dated December 12, 2016, to correct an unsafe condition for BHTC Model 429 helicopters, serial numbers 57001 and subsequent. Transport Canada advises of reports of worn bearings adversely affecting the helicopters' handling qualities. Transport Canada states the scheduled inspection interval of 12 months or 800 hours is not sufficient to detect and correct a worn bearing under the current wear rate. Additionally, according to Transport Canada, the combination of the blade weight, positioning of the swashplate, and the preload of elastomers can make bearing play difficult to detect during a preflight exterior check. Transport Canada determined it necessary to implement an inspection frequent enough to detect a worn bearing in order to prevent a bearing from failing, adversely affecting handling qualities, and damaging adjacent components. These conditions could lead to loss of control of the helicopter. Transport Canada AD CF-2016-39 therefore requires inspecting bearing part number (P/N) 429-010-433-101/-103 for play and potential wear and replacing it if necessary, within 30 days from the effective date of its AD and at subsequent intervals not to exceed 50 hours air time.
These helicopters have been approved by the aviation authority of Canada and are approved for operation in the United States. Pursuant to our bilateral agreement with Canada, Transport Canada, its technical representative, has notified us of the unsafe condition described its AD. We are proposing this AD because we evaluated all known relevant information and determined that an unsafe condition is likely to exist or develop on other products of the same type design.
We reviewed Bell Helicopter Alert Service Bulletin 429-11-03, Revision A, dated January 13, 2015 (ASB), which specifies inspecting bearing P/N 429-010-433-101 and P/N 429-010-433-
This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the
This proposed AD would require, within 20 hours time-in-service (TIS) and thereafter at intervals not to exceed 50 hours TIS, visually inspecting each bearing for wear and play. This proposed AD also would require replacing parts that exceed allowable limits before further flight.
This proposed AD would require initially inspecting the bearing within 20 hours TIS, while the Transport Canada AD requires the initial inspection within 30 days.
We estimate that this proposed AD would affect 64 helicopters of U.S. Registry and that labor costs average $85 per work-hour. Based on these estimates, we expect the following costs:
• Inspecting the bearing would require 2 work-hours and no parts for a cost of $170 per helicopter and $10,880 for the U.S. fleet per inspection cycle.
• Replacing a -101 bearing would require 1 work-hour and $3,560 for parts for a cost of $3,645 per bearing. Replacing a -103 bearing would require 1 work-hour and $3,365 for parts for a cost of $3,450 per bearing.
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 products identified in this rulemaking action.
We 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, I certify this proposed regulation:
1. Is not a “significant regulatory action” under Executive Order 12866;
2. Is not a “significant rule” under the 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 proposed AD and placed it in the AD docket.
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.
Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
49 U.S.C. 106(g), 40113, 44701.
This AD applies to Bell Helicopter Textron Canada Limited Model 429 helicopters, serial numbers 57001 and larger, with a main rotor pitch link rod end bearing assembly (bearing) part number (P/N) 429-010-433-101 or 429-010-433-103 installed, certificated in any category.
This AD defines the unsafe condition as a worn bearing. This condition could result in failure of a bearing, which could lead to reduced helicopter handling, damage to other components, and subsequent loss of helicopter control.
We must receive comments by May 7, 2018.
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.
Within 20 hours time-in-service (TIS) and thereafter at intervals not to exceed 50 hours TIS:
(1) Inspect the upper and lower pitch link rod ends for axial and radial bearing play by rolling the bearings through all angles, paying particular attention to the areas depicted in Figure 1 of Bell Helicopter Alert Service Bulletin 429-11-03, Revision A, dated January 13, 2015.
(2) If there is any play in a bearing, remove the pitch link assembly and perform a dimensional inspection of the axial and radial bearing play. Measure the play at the angle that results in the maximum amount of play. Replace the rod end assembly before further flight if bearing play exceeds 0.010 inch for axial direction or 0.005 inch for radial direction.
(1) The Manager, Safety Management Section, Rotorcraft Standards Branch, FAA, may approve AMOCs for this AD. Send your proposal to: David Hatfield, Aviation Safety Engineer, Safety Management Section, Rotorcraft Standards Branch, FAA, 10101 Hillwood Pkwy, Fort Worth, TX 76177; telephone (817) 222-5110; email
(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.
The subject of this AD is addressed in Transport Canada AD No. CF-2016-39, dated December 12, 2016. You may view the Transport Canada AD on the internet at
Joint Aircraft Service Component (JASC) Code: 6200, Main Rotor System.
Federal Aviation Administration (FAA), DOT.
Notice of proposed rulemaking (NPRM).
We propose to adopt a new airworthiness directive (AD) for all Quest Aircraft Design, LLC Model KODIAK 100 airplanes. This proposed AD was prompted by reports of cracks found in certain nose landing gear forks. This proposed AD would require a one-time inspection to determine if the affected nose landing gear fork is installed, repetitive inspections of the affected nose landing gear fork for cracks, repetitive inspections of the shimmy damper bracket for looseness if the affected nose landing gear fork is installed, and rework/replacement of parts as necessary. We are proposing this AD to address the unsafe condition on these products.
We must receive comments on this proposed AD by April 23, 2018.
You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods:
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For service information identified in this NPRM, contact Quest Aircraft Company LLC, 1200 Turbine Drive, Sandpoint, Idaho 83864; phone: (208) 263-1111 or 1 (866) 263-1112; email:
You may examine the AD docket on the internet at
Wade Sullivan, Aerospace Engineer, Seattle ACO Branch, FAA, 1601 Lind Avenue SW, Renton, WA 98057; phone: 425-917-6430; fax: 425-917-6590; email:
We invite you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under the
We will post all comments we receive, without change, to
We received reports from the manufacturer of fatigue cracks on the nose landing gear (NLG) fork on Quest Aircraft Design, LLC Model KODIAK 100 airplanes. In one report, the NLG fork failed during landing. On unimproved surfaces, the NLG shimmy damper system can wear and loosen, reducing the resistance of the nose gear to shimmy. Shimmying puts side loads on the NLG fork that it was not designed for, which could cause fatigue cracks. This condition, if not corrected, could result in separation of the fork with consequent reduced control on landing. If the fork separates on an unimproved surface, the risk of the NLG digging in and the airplane overturning on the ground increases.
We reviewed Quest Aircraft Field Service Instruction FSI-147, Revision 00 (not dated), which provides instructions for inspection and, if necessary, replacement of the NLG fork. We reviewed pages 32_110 and 32_111, section 3252, Shimmy Damper, found in Chapter 32, Landing Gear, of Quest Aircraft Company Kodiak 100 Maintenance Manual, Revision No. 21, dated February 15, 2017, which describes procedures for inspecting the shimmy damper system. We also reviewed Quest Aircraft Field Service Instruction FSI-146, Revision 00 (not dated), which provides instructions for modifying the shimmy damper attach bracket. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the
We are proposing this AD because we evaluated all the relevant information and determined the unsafe condition described previously is likely to exist or develop in other products of the same type design.
This proposed AD would require accomplishing the actions specified in the service information described previously.
We estimate that this proposed AD affects 116 airplanes of U.S. registry.
We estimate the following costs to comply with this proposed AD:
We estimate the following costs to do any necessary additional inspections, replacements, and modifications that would be required based on the results of the proposed NLG fork type determination. We have no way of determining the number of airplanes that might need these inspections, replacements, and modifications:
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 products identified in this rulemaking action.
This AD is issued in accordance with authority delegated by the Executive Director, Aircraft Certification Service, as authorized by FAA Order 8000.51C. In accordance with that order, issuance of ADs is normally a function of the Compliance and Airworthiness Division, but during this transition period, the Executive Director has delegated the authority to issue ADs applicable to small airplanes, gliders, balloons, airships, domestic business jet transport airplanes, and associated appliances to the Director of the Policy and Innovation Division.
We 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) Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979),
(3) Will not affect intrastate aviation in Alaska, 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.
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.
Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
49 U.S.C. 106(g), 40113, 44701.
We must receive comments by April 23, 2018.
None.
This AD applies to Quest Aircraft Design, LLC Model KODIAK 100 airplanes; all serial numbers, certificated in any category.
Joint Aircraft System Component (JASC)/Air Transport Association (ATA) of America Code 32, Landing Gear.
This AD was prompted by reports from the manufacturer of fatigue cracks on the nose landing gear (NLG) fork. We are issuing this AD to detect and prevent fatigue cracking of the NLG fork. The unsafe condition, if not corrected, could result in separation of the fork with consequent reduced control on landing. If the fork separates on an unimproved surface, the risk of the NLG digging in and the airplane overturning on the ground increases.
Comply with this AD within the compliance times specified, unless already done.
Within 25 hours time-in-service (TIS) after the effective date of this AD, inspect the airplane to determine if a NLG fork part number (P/N) 100-410-7001 (type A) or a NLG fork P/N 100-410-7013 (type B) is installed. If you determine that a NLG P/N 100-410-7013 (type B) is installed during the inspection, no further action is required by this AD. If a review of the maintenance records can positively identify the P/N NLG fork that is installed, you may use a maintenance records review in lieu of
(1) If you determine that a NLG fork P/N 100-410-7001 (type A) is installed during the inspection required in paragraph (g) of this AD, within 25 hours TIS after the effective date of this AD and repetitively thereafter at intervals not to exceed 100 hours TIS, do a fluorescent penetrant, dye penetrant, or open-hole eddy current inspection of the NLG fork for cracks following section 5. Instructions in Quest Aircraft Field Service Instruction FSI-147, Revision 00 (not dated).
(2) If you find any cracks of the NLG fork during any inspection required in paragraph (h)(1) of this AD, before further flight, replace the NLG fork with a NLG fork P/N 100-410-7013 (type B) following section 5. Instructions in Quest Aircraft Field Service Instruction FSI-147, Revision 00 (not dated). Replacement of the NLG fork with a NLG fork P/N 100-410-7013 (type B) terminates the repetitive inspections required in paragraphs (h)(1) and (i)(1) of this AD.
(1) If you have not replaced a NLG fork P/N 100-410-7001 (type A) per the initial inspection and replacement requirements in paragraph (h) of this AD, then within 25 hours TIS after the effective date of this AD and repetitively thereafter at intervals not to exceed 100 hours TIS (until the NLG fork is replaced with a P/N 100-410-7013 (type B fork)), inspect the shimmy damper bracket for looseness following pages 32_110 and 32_111, section 3252, Shimmy Damper, found in Chapter 32, Landing Gear, of Quest Aircraft Company Kodiak 100 Maintenance Manual, Revision No. 21, dated February 15, 2017.
(2) If a loose shimmy damper bracket is found during any inspection required in paragraph (i)(1) of this AD, rework the shimmy damper bracket with interference-fit bolts following Quest Aircraft Field Service Instruction FSI-146, Revision 00 (not dated). Reworking the shimmy damper bracket with the interference-fit bolts terminates the repetitive inspections required in paragraph (i)(1) of this AD.
(3) If any other damaged (loose, leaking, corrosion, worn, etc.) components are found in the shimmy damper system during any inspection required in paragraph (i)(1) of this AD, before further flight, replace damaged components as necessary following pages 32_110 and 32_111, section 3252, Shimmy Damper, found in Chapter 32, Landing Gear, of Quest Aircraft Company Kodiak 100 Maintenance Manual, Revision No. 21, dated February 15, 2017.
In lieu of the NLG fork and shimmy damper bracket inspections required in paragraphs (h)(1) and (i)(1) of this AD, you may replace the NLG fork P/N 100-410-7001 (type A) with a NLG fork P/N 100-410-7013 (type B) following section 5. Instructions in Quest Aircraft Field Service Instruction FSI-147, Revision 00 (not dated). This replacement terminates the inspection requirements of this AD and no further actions are required.
Once a NLG fork P/N 100-410-7013 (type B) is installed on an airplane, do not install a NLG fork P/N 100-410-7001 (type A). If a NLG fork P/N 100-410-7013 (type B) is removed from the airplane for any reason (for example, to install floats), you must reinstall a NLG fork P/N 100-410-7013 (type B) when operating with wheels.
(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 local Flight Standards District Office, as appropriate. If sending information directly to the manager of the certification office, send it to the attention of the person identified in paragraph (m)(1) of this AD. Information may also be emailed to:
(2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office.
(1) For more information about this AD, contact Wade Sullivan, Aerospace Engineer, Seattle ACO Branch, FAA, 1601 Lind Avenue SW, Renton, WA 98057; phone: 425-917-6430; fax: 425-917-6590; email:
(2) For service information identified in this AD, contact Quest Aircraft Company LLC, 1200 Turbine Drive, Sandpoint, Idaho 83864; phone: (208) 263-1111 or 1 (866) 263-1112; email:
Federal Aviation Administration (FAA), DOT.
Notice of proposed rulemaking (NPRM).
This action proposes to amend Class E airspace at Duplin County Airport, Kenansville, NC, to accommodate airspace reconfiguration due to the decommissioning of the Kenan non-directional radio beacon (NDB), and cancellation of the NDB approach. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations at this airport. This action also would update the geographic coordinates of this airport.
Comments must be received on or before April 23, 2018.
Send comments on this proposal to: U.S. Department of Transportation, Docket Operations, 1200 New Jersey Avenue SE, West Building Ground Floor, Room W12-140, Washington, DC 20590; telephone: (800) 647-5527, or (202) 366-9826. You must identify the Docket No. FAA-2017-1238; Airspace Docket No. 17-ASO-25, at the beginning of your comments. You may also submit comments through the internet at
FAA Order 7400.11B, Airspace Designations and Reporting Points, and subsequent amendments can be viewed on line at
FAA Order 7400.11, Airspace Designations and Reporting Points, is published yearly and effective on September 15.
John Fornito, Operations Support Group, Eastern Service Center, Federal Aviation
The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it would amend Class E airspace at Duplin County Airport, Kenansville, NC, to support IFR operations at the airport.
Interested persons are invited to comment on this proposed rulemaking by submitting such written data, views, or arguments, as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers (Docket No. FAA-2017-1238 and Airspace Docket No. 17-ASO-25) and be submitted in triplicate to DOT Docket Operations (see
Persons wishing the FAA to acknowledge receipt of their comments on this action must submit with those comments a self-addressed stamped postcard on which the following statement is made: “Comments to FAA Docket No. FAA-2017-1238; Airspace Docket No. 17-ASO-25.” The postcard will be date/time stamped and returned to the commenter.
All communications received on or before the specified closing date for comments will be considered before taking action on the proposed rule. The proposal contained in this document may be changed in light of the comments received. All comments submitted will be available for examination in the public docket both before and after the comment closing date. A report summarizing each substantive public contact with FAA personnel concerned with this rulemaking will be filed in the docket.
An electronic copy of this document may be downloaded through the internet at
You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office (see the
This document proposes to amend FAA Order 7400.11B, Airspace Designations and Reporting Points, dated August 3, 2017, and effective September 15, 2017. FAA Order 7400.11B is publicly available as listed in the
The FAA is proposing to amend Title 14, Code of Federal Regulations (14 CFR) part 71 by revising the legal description for Class E airspace at Duplin County Airport, Kenansville, NC. The FAA proposes to revise the legal description to include only the Class E airspace extending upward from 700 feet or more above the surface at Duplin County Airport within a 6.8-mile (from a 6.4-mile) radius of the airport. Airspace reconfiguration is necessary due to the decommissioning of the Kenan NDB, and cancellation of the NDB approach. These changes would enhance the safety and management of IFR operations at the airport. The FAA also proposes to update the geographic coordinates of the airport to coincide with the FAA's aeronautical database.
Class E airspace designations are published in Paragraph 6005 of FAA Order 7400.11B, dated August 3, 2017, and effective September 15, 2017, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designation listed in this document will be published subsequently in the Order.
The FAA has determined that this proposed regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore: (1) Is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a Regulatory Evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this proposed rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.
This proposal will be subject to an environmental analysis in accordance with FAA Order 1050.1F, “Environmental Impacts: Policies and Procedures” prior to any FAA final regulatory action.
Airspace, Incorporation by reference, Navigation (air).
In consideration of the foregoing, the Federal Aviation Administration proposes to amend 14 CFR part 71 as follows:
49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.
That airspace extending upward from 700 feet above the surface within a 6.8-mile radius of Duplin County Airport.
U.S. Copyright Office, Library of Congress.
Notice of proposed rulemaking; extension of comment period.
The United States Copyright Office is extending the deadlines for the submission of written comments in response to its December 1, 2017 notice of proposed rulemaking concerning the royalty reporting practices of cable operators under section 111 and proposed revisions to the Statement of Account forms, and on proposed amendments to the Statement of Account filing requirements.
The comment period for the notice of proposed rulemaking, published on December 1, 2017 (82 FR 56926), was extended on December 27, 2017 (82 FR 61200), and this document re-extends the comment period. Initial written comments must be received no later than 11:59 p.m. Eastern time on June 14, 2018. Written reply comments must be received no later than 11:59 p.m. Eastern time on July 6, 2018.
For reasons of government efficiency, the Copyright Office is using the
Sarang V. Damle, General Counsel and Associate Register of Copyrights, by email at
On December 1, 2017, the Office issued a notice of proposed rulemaking (“NPRM”) on proposed rules governing the royalty reporting practices of cable operators under section 111 and proposed revisions to the Statement of Account forms, and on proposed amendments to the Statement of Account filing requirements.
On December 27, 2017, the Office extended the period for public comments in response to a motion filed by NCTA—The Internet & Television Association (“NCTA”) to extend the initial comment period until March 16, 2018, with written comments due by April 2, 2018.
On March 1, 2018, NCTA submitted a motion seeking to extend the initial comment period until June 14, 2018, with written reply comments due by July 6, 2018.
To ensure that commenters have sufficient time to respond to the NPRM, the Office is extending the deadline for the submission of initial written comments to 11:59 p.m. Eastern time on June 14, 2018. Written reply comments must be received no later than 11:59 p.m. Eastern time on July 6, 2018.
The Department of Agriculture has submitted the following information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments are requested regarding (1) whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) the accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology.
Comments regarding this information collection received by April 9, 2018 will be considered. Written comments should be addressed to: Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB),
An agency may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number.
Commodity Credit Corporation and Farm Service Agency, USDA.
Notice.
This NOFA announces the availability of cost-share funds to certain cotton producers of the United States, specifically for the 2016 cotton crop. Eligible CGCS participants will receive a one-time payment, calculated based on a cost-share not to exceed 20 percent of calculated ginning costs by region, the number of cotton acres that were planted, including failed acreage, for the 2016 crop year, and the percentage of share the participant had in such cotton. Similar to other Commodity Credit Corporation (CCC) programs, certain eligibility requirements apply, such as a $40,000 per individual or entity payment limit and a requirement that each participant's 3-year average adjusted gross income (AGI) be $900,000 or less. CGCS payments will be made to help the domestic cotton industry find new and improved ways to market cotton.
Application period: March 12, 2018, through May 11, 2018.
Kelly Hereth, (202) 720-0448.
U.S. upland and extra-long staple (ELS) cotton producers are required to gin and bale cotton before either of the components of cotton (lint or seed) can be marketed, as there is no commerce in un-ginned bales. Approximately 17 million bales of cotton in the United States were ginned for the 2016 cotton crop year. There exists, however, 2016 cotton production carryover (ginned cotton inventory that has not yet been sold) of 2.75 million bales at the end of the 2016 marketing year (July 31, 2017). Additionally, the 2017 cotton crop production is projected to exceed 21 million bales (a production increase of 23 percent over crop year 2016), the majority of which has not been marketed. While the payments under
The state of the market has limited the ability of U.S. cotton producers to expand domestic markets, develop new and additional markets, maintain existing markets and marketing facilities, and increase the uses for cotton. The CCC Charter Act (15 U.S.C. 714c(e)) includes authority for CCC to use its general powers to increase the domestic consumption of agricultural commodities (other than tobacco) by expanding or aiding in the expansion of domestic markets or by developing or aiding in the development of new and additional markets, marketing facilities, and uses for such commodities.
The ginning of cotton is necessary prior to marketing the lint for fiber or the seed for oil or feed; therefore CCC is using its general authority to aid in the expansion and maintenance of domestic markets for cotton. Increased domestic consumption and uses for cotton as a result of the CGCS payments to cotton producers, based on cotton ginning costs, will aid more than just the farmers; as the cotton gins, cooperatives, marketers, cottonseed crushers, and other marketing facilities will indirectly benefit also.
CGCS is being done as a NOFA, as opposed to a regulation, because it is a one-time payment based on the 2016 cotton crop to aid expansion and creation of new markets for cotton. The Farm Service Agency (FSA) has designed CGCS to have a simplified, streamlined application process in order to provide assistance as quickly as possible to cotton producers by using 2016 cotton crop acres, which are already known to FSA through previously submitted acreage reports. CGCS does not affect the ability to submit, or allow a producer or owner to submit, additional or revised acreage reports for 2016. Accordingly, there is no benefit for public comment on CGCS.
FSA will administer CGCS on behalf of CCC, using CCC funds.
CGCS is a one-time payment to cotton producers based on the 2016 cotton crop already on file with the agency. CGCS will be available to producers of upland and ELS cotton. CGCS payments will be available to those cotton producers who had a share in the 2016 cotton acres that were planted, including failed cotton acreage, and reported to FSA. Landowners who had a share interest, share in the cotton crop, and incurred ginning costs for the 2016 cotton crop are considered eligible for the 2016 CGCS, provided all other eligibility requirements are met.
Based on 2016 acreage reports and the CGCS payment rates established by this NOFA, FSA will make approximately $220 million in CGCS payments to eligible cotton producers. The maximum aggregate payment amount a person or legal entity is eligible for under CGCS is $40,000. The funds announced in this NOFA are not subject to sequestration.
All 2016 cotton crop producers have already submitted the required form FSA-578, “Report of Acreage,” to FSA, as part of their participation in various FSA and CCC programs. The regulation in 7 CFR part 718 requires producers to report to FSA their acreage for various commodities, including the number of cotton acres that were planted, including failed acres, but not prevented planted acres, in the United States for their 2016 cotton crop and their percentage share of the reported 2016 cotton crop acreage. Accordingly, FSA has already acquired this information relevant to the operation of CGCS as previously reported to FSA on a FSA-578 or a crop acreage report to their crop insurance agent (both reports are referred to in this NOFA as the acreage report). If there were any errors in the previously submitted acreage report, the producer may go through the established FSA process to correct the reported information. Any such requests for correction are subject to review and require approval by FSA through the established process before they are accepted. Because FSA already possesses 2016 cotton acreage report and producer share data, FSA knows who is potentially eligible to apply for CGCS, and FSA will mail pre-filled applications to such applicants. Applicants may also apply through a FSA county office.
CGCS payments are limited to $40,000 per person or legal entity.
A person or legal entity is ineligible for payments if the person's or legal entity's AGI for the applicable compliance program year is more than $900,000. If a person with an indirect interest in a legal entity has AGI of more than $900,000, the CGCS payments subject to AGI compliance provisions to the legal entity will be reduced as calculated based on the percent interest of the person in the legal entity receiving the payment. The relevant years used to calculate AGI for 2016 CGCS are the 2012, 2013, and 2014 tax years. As with other FSA and CCC programs, AGI will be calculated based on the average income for the 3 taxable years preceding the most immediately preceding complete taxable year for which benefits are requested.
In addition to having a share in cotton planted in 2016, to be eligible for a CGCS payment, each applicant is required to be a person or legal entity who was actively engaged in farming in 2016 and otherwise eligible for payment, as specified in 7 CFR part 1400, and who complies with requirements including, but not limited to, those pertaining to highly erodible land conservation and wetland conservation provisions (commonly referred to as the conservation compliance provisions) specified in 7 CFR part 12.
Foreign persons are not eligible for payments. Federal, State, and local governments are not eligible for CGCS payments.
Appeal regulations specified in 7 CFR parts 11 and 780 apply. FSA program requirements and determinations that are not in response to, or result from, an individual disputable set of facts in an individual participant's application for assistance are not matters that can be appealed.
The CGCS payment will be calculated as follows:
Acres are the number of 2016 cotton crop acres (both upland and ELS) in which the applicant had an interest, as reported on their acreage report as planted (including failed acres, but not prevented planted acres).
Share is the producer's or landowner's share of such acres.
As shown in Table 1, the CGCS payment rate is 20 percent times the ginning cost. The ginning cost is the calculated average cost of ginning per acre in the production region. The applicable production region includes several States in which the 2016 cotton crop (upland and ELS cotton) was planted (not where the farm operation is located). There are four production regions, consistent with the U.S. cotton industry's longstanding designation. The per-acre regional rates are defined in Table 1. Cotton acreage planted in 2016 in any state not listed in Table 1, will receive the regional rate based on where the 2016 cotton acres are located,
To develop the costs in Table 1, FSA used the USDA Economic Research Service's calculation of cotton ginning costs, which is based on the Agricultural Resource Management Survey (ARMS). The data is based on a large survey of cotton producers in 2007 and 2015 and was updated through 2016 using several indices that reflect annual changes in ginning costs. The per planted acre ginning costs were converted to regional averages weighted by each State's share of regional plantings during the most recent 5 years (2012-2016). In the ARMS data, no distinction is made between ginning costs for upland and ELS cotton, therefore the same rate will be applied to both varieties of cotton.
For example, an applicant has 1,000 acres of upland cotton located in Texas and 1,000 acres of ELS cotton in New Mexico, and the applicant has 100 percent interest in all of the cotton reported for 2016 for the farm. Even though the farm operation is located in Texas, the applicable CGCS payment rate is based on where the cotton is planted. Therefore, for the acres located in Texas the CGCS payment rate is $19.65, and for the cotton acreage located in New Mexico, the CGCS payment rate is $48.02 (as shown in Table 1). Therefore, the result of the CGCS calculation would be $67,670 ((1,000 cotton acres in Texas × $19.65 per acre × 100 percent share) + (1,000 acres in New Mexico × $48.02 × 100 percent share)), but the CGCS payment to this applicant would be reduced to $40,000 because the CGCS payment limit is $40,000 per person or legal entity.
To apply for CGCS, each applicant must submit a complete valid CGCS application (CCC-882 form) to their recording FSA county office either in person, by mail, or by electronic means, including email and facsimile. The application period is from March 12, 2018, through May 11, 2018. CGCS applications must be received by FSA by May 11, 2018, in order to be eligible for a CGCS payment. Applicants may revise their application and re-submit it to FSA during the application period; however, the revised CGCS application must be received by FSA by May 11, 2018. Any application received by FSA after May 11, 2018, will neither be processed nor considered and will be ineligible for any CGCS payment. FSA will pre-fill the application, which will include, but is not limited to, the number of 2016 planted acres, including failed acres, of cotton (upland and ELS cotton) on the farm as previously reported by the producer on form FSA-578, the farm serial number, and tract number of the farm where the cotton acreage was reported as of March 8, 2018. The applicant will be required to sign and date the pre-filled form. If FSA decides it is necessary to confirm the applicant's share interest in the 2016 cotton crop, the applicant will be required to submit evidence upon request, such as seed receipts, custom harvesting receipts, or bale gin lists, to substantiate either the claimed share interest in the cotton or the number of cotton acres reported for the 2016 crop year.
In order to be eligible for CGCS, applicants are required to have reported their 2016 crop year planted cotton, including failed acreage, to FSA using the FSA-578 acreage report. Only the number of cotton acres reported on the FSA-578 acreage report and the producer's share in the planted, including failed, cotton acreage for the 2016 crop year will be eligible for consideration for a CGCS payment. In the event that there are determined acres of planted, including failed, cotton (upland and ELS cotton) crop acreage for 2016, as verified by FSA in carrying out acreage reporting compliance activities, then determined acres will be used in place of the reported acres from the acreage report. (Standard FSA acreage report compliance activities include verifying the number of reported acres; the results are referred to as “determined acres.”)
The applicant's share interest in cotton acres on a CGCS application cannot be greater than the share interest in cotton acres as reported on the acreage report. FSA will verify and confirm the applicant's share interest in cotton acres reported on the CGCS application by comparing it to the applicant's share interest in the cotton as reported on that farm's acreage report for the 2016 crop year. For example, if a farm has 50 acres of cotton and the acreage was reported with two producers each having an equal 50 percent share interest in those reported acres of cotton, each producer can file a CGCS application for 50 acres of cotton with a 50 percent share.
As noted above, if there are any corrections required for acreage reports, they may be made, however corrections related to upland or ELS cotton acres or shares must be received by FSA by May 11, 2018, the CGCS application deadline, in order for any corrected acreage to be used to calculate the CGCS payment. Any correction to 2016 cotton crop acres made to the acreage report after May 11, 2018, is not eligible to be considered for CGCS.
FSA will review each CCC-882 application to determine eligibility by verifying that the application is complete and the number of cotton acres the applicant certified on the application for the 2016 crop year is the same as reported on the FSA-578 acreage report.
When there are multiple eligible applicants for a farm, FSA will approve each application that is filed for the CGCS when all the following, as applicable, occur or have been determined to have occurred:
(1) The landlord, tenant, and sharecropper have signed and submitted their own CGCS application not to
(2) CCC confirms the shares are consistent with the acreage report to protect the interests of tenants and sharecroppers and at no time will payments be issued for total shares exceeding 100 percent of the total cotton acres reported on the farm, and where lease agreements exist under which terms are determined to be a share lease, according to 7 CFR part 1412, for cotton, neither the landlord, tenant, nor sharecropper will receive 100 percent of CGCS payment for the farm;
(3) If determined necessary and requested by the FSA county office committee, the applicant provided a copy of the lease agreement; and
(4) CCC determines that the payment shares do not circumvent either the provisions of this NOFA or the provisions of 7 CFR part 1400.
The result of an approved application will be a CGCS payment, consistent with the terms specified in this NOFA and the payment application. All applications are subject to the approval by FSA on behalf of CCC, and FSA will not approve ineligible applications.
In the event that any application for a CGCS payment resulted from erroneous information or a miscalculation, the payment will be recalculated and the participant must refund any excess payment to FSA with interest to be calculated from the date of the disbursement to the participant. If, for whatever reason, FSA determines that the applicant misrepresented either the acreage or share of cotton acreage or both, or if the CGCS payment would exceed the participant's payment based upon correct acreage and share, the application will be disapproved and the full CGCS payment for that crop and participant will be required to be refunded to FSA with interest from the date of disbursement. If any corrections to the 2016 cotton crop acres or shares are made to the acreage report and would have resulted in a lower CGCS payment, the applicant will be required to refund the difference with interest from date of disbursement.
The liability of anyone for any penalty or sanction resulting from a CGCS application, or for any refund to FSA or related charge is in addition to any other liability of such person under any civil or criminal fraud statute or any other provision of law including, but not limited to: 18 U.S.C. 286, 287, 371, 641, 651, 1001, and 1014; 15 U.S.C. 714; and 31 U.S.C. 3729.
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), OMB approved an emergency information collection request on CGCS for 6 months under OMB control number of 0560-0287 so FSA can begin the application period upon publication of this NOFA.
Because this is a one-time payment for commodities that is not connected to the management of existing operations (consistent with 7 CFR 799.31(b)(6)(iii)), there are no measurable individual or cumulative impacts to the human environment, as defined by the National Environmental Policy Act and, as such, no Environmental Assessment or Environmental Impact Statement will be prepared. Consistent with the nature and anticipated impacts of this action, this NOFA serves as documentation of the programmatic environmental compliance decision for this federal action.
The title and number of the Federal assistance programs, as found in the Catalog of Federal Domestic Assistance, to which this NOFA applies is:
Bureau of Economic Analysis, Economics and Statistics Administration, Department of Commerce.
Notice of public meeting.
Pursuant to the Federal Advisory Committee Act, we are announcing a meeting of the Bureau of Economic Analysis Advisory Committee. The meeting will address proposed improvements to BEA's economic accounts and provide an update on recent statistical developments.
Friday, May 18, 2018. The meeting will begin at 9:00 a.m. and adjourn at 3:30 p.m.
The meeting will take place at the Suitland Federal Center, which is located at 4600 Silver Hill Road, Suitland, MD 20746.
Gianna Marrone, Program Analyst, U.S. Department of Commerce, Bureau of Economic Analysis, Suitland, MD 20746; telephone number: (301) 278-9798.
The Committee was established September 2, 1999. The Committee advises the Director of BEA on matters related to the development and improvement of BEA's national, regional, industry, and international economic accounts, especially in areas of new and rapidly growing economic activities arising from innovative and advancing technologies, and provides recommendations from the perspectives of the economics profession, business, and government.
BMW Manufacturing Co., LLC (BMW MC) submitted a notification of proposed production activity to the FTZ Board for its facility in Spartanburg, South Carolina. The notification conforming to the requirements of the regulations of the FTZ Board (15 CFR 400.22) was received on February 27, 2018.
BMW MC already has authority to produce gasoline and diesel-powered
Production under FTZ procedures could exempt BMW MC from customs duty payments on the foreign-status materials/components used in export production. On its domestic sales, for the foreign-status materials/components noted below and in the existing scope of authority, BMW MC would be able to choose the duty rates during customs entry procedures that apply to previously authorized finished products and hybrid passenger vehicles (duty rate 2.5%). BMW MC would be able to avoid duty on foreign-status components which become scrap/waste. Customs duties also could possibly be deferred or reduced on foreign-status production equipment.
The materials/components sourced from abroad include: Lubricating grease; touch-up paint; polyester band; rubber window guides; rubber seals; weather and damping strips of non-cellular rubber; tool bags of man-made fibers; acrylic coated cloth tape; warp knit fabric; seat protectors; mica seals; fiberglass heat shields; steel insertion brackets (similar to staples); aluminum alloy tube connectors; aluminum threaded fasteners (such as bolts, screws, nuts, washers); cylinder coils; gearbox oil coolers; cupholder warmers; parts of heat exchange units (multi-flow adaptors/connectors used to connect pipes or hoses to the battery cooler assembly); fire extinguishers; car jack cranks; card readers for common interface (CI) plus card to receive special television (TV) channels in the vehicle; housed ball bearings; inductors; actuators; Bluetooth antennas; speakers; audio frequency amplifiers; radar sensors; radios; acoustic warning signals; LED lighting; integrated lighting circuits; lens TV contour illumination; range-finding sensors; checking/locking fixtures; temperature sensors; weather sensors; oxygen sensors; voltage power testers; and, battery sensors (duty rate ranges from duty-free to 17.6%).
The request indicates polyester band, acrylic coated cloth tape, warp knit fabric, and seat protectors will be admitted to the zone in privileged foreign status (19 CFR 146.41), thereby precluding inverted tariff benefits on such items.
Public comment is invited from interested parties. Submissions shall be addressed to the Board's Executive Secretary at the address below. The closing period for their receipt is April 17, 2018.
A copy of the notification will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 21013, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230-0002, and in the “Reading Room” section of the Board's website, which is accessible via
For further information, contact Juanita Chen at
Enforcement and Compliance, International Trade Administration, Department of Commerce.
The Department of Commerce (Commerce) determines that imports of silicon metal from Norway are being, or are likely to be, sold in the United States at less than fair value (LTFV). In addition, we determine that critical circumstances do not exist with respect to imports of the subject merchandise. The period of investigation (POI) is January 1, 2016, through December 31, 2016. The final dumping margins of sales at LTFV are listed below in the “Final Determination” section of this notice.
Applicable March 8, 2018.
Brittany Bauer, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-3860.
On October 12, 2017, Commerce published the
The product covered by this investigation is silicon metal from Norway. For a full description of the scope of this investigation,
During the course of this investigation, Commerce received numerous scope comments from interested parties. Prior to the
Commerce reviewed these briefs, considered the arguments therein, and is not making any additional changes to the scope of the investigation. For further discussion,
All issues raised in the case and rebuttal briefs by parties in this investigation are addressed in either the Final Scope Decision Memorandum or the Issues and Decision Memorandum accompanying this notice. A list of the issues addressed in the Issues and Decision Memorandum is attached to this notice as Appendix II. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at
As provided in section 782(i) of the Tariff Act of 1930, as amended, (the Act) in October and November 2017, we conducted verification of the sales and cost information submitted by Elkem AS (Elkem) for use in our final determination. We used standard verification procedures, including an examination of relevant accounting and production records, and original source documents provided by Elkem.
Based on our analysis of the comments received and our findings at verification, we made certain changes to the margin calculations for Elkem. For a discussion of these changes,
As noted in the
For the
Section 735(c)(5)(A) of the Act provides that the estimated weighted-average dumping margin for all other producers and exporters shall be equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated excluding rates that are zero,
The final estimated weighted-average dumping margins are as follows:
We will disclose the calculations performed within five days of the date of publication of this notice to parties in this proceeding in accordance with 19 CFR 351.224(b).
In accordance with section 735(c)(1)(B) of the Act, for this final determination, we will direct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all entries of silicon metal from Norway, as described in Appendix I of this notice, which are entered, or withdrawn from warehouse, for consumption on or after October 12, 2017, the date of publication in the
International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the International Trade Commission (ITC) of the final affirmative determination of sales at LTFV. Because Commerce's final determination is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports, or sales (or the likelihood of sales) for importation of silicon metal from Norway no later than 45 days after this final determination. If the ITC determines that such injury does not exist, this proceeding will be terminated and all cash deposits will be refunded or canceled. If the ITC determines that such injury does exist, Commerce will issue an antidumping duty order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the “Continuation of Suspension of Liquidation” section.
This notice serves as a reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation.
This determination and this notice are issued and published pursuant to sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c).
The scope of this investigation covers all forms and sizes of silicon metal, including silicon metal powder. Silicon metal contains at least 85.00 percent but less than 99.99 percent silicon, and less than 4.00 percent iron, by actual weight. Semiconductor grade silicon (merchandise containing at least 99.99 percent silicon by actual weight and classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheading 2804.61.0000) is excluded from the scope of this investigation.
Silicon metal is currently classifiable under subheadings 2804.69.1000 and 2804.69.5000 of the HTSUS. While HTSUS numbers are provided for convenience and customs purposes, the written description of the scope remains dispositive.
Enforcement and Compliance, International Trade Administration, Department of Commerce.
The Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of silicon metal from the Republic of Kazakhstan (Kazakhstan) during the period of investigation (POI) January 1, 2016, through December 31, 2016.
Applicable March 8, 2018.
Rebecca M. Janz or Maria Tatarska, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-2972 or (202) 482-1562, respectively.
The petitioner in this investigation is Globe Specialty Metals, Inc. In addition to the Government of Kazakhstan, the mandatory respondent in this investigation is Tau-Ken Temir LLP (Tau-Ken Temir).
A summary of the events that occurred since Commerce published the
Commerce exercised its discretion to toll all deadlines affected by the closure of the Federal Government from January 20 through January 22, 2018. If the new deadline falls on a non-business day, in accordance with Commerce's practice, the deadline will become the next business day. The revised deadline for the final determination of this investigation is now February 27, 2018.
The product covered by this investigation is silicon metal from Kazakhstan. For a complete description of the scope of this investigation,
During the course of this investigation, Commerce received numerous scope comments from interested parties. Prior to the
Commerce reviewed these briefs, considered the arguments therein, and is not making any additional changes to the scope of the investigation. For further discussion,
The subsidy programs under investigation and the issues raised in the case and rebuttal briefs by parties in this investigation are discussed in the Issues and Decision Memorandum. A list of the issues that parties raised, and to which we responded in the Issues and Decision Memorandum, is attached to this notice as Appendix II.
Based on our review and analysis of the comments received from parties, we made certain changes to the subsidy rate calculated for Tau-Ken Temir since the
For purposes of this final determination, we have continued to determine that the Government of Kazakhstan and Tau-Ken Temir failed to act to the best of their abilities in responding to Commerce's requests for information. Accordingly, we continue to rely on facts available with adverse inferences, in accordance with sections 776(a)-(d) of the Tariff Act of 1930, as amended (the Act), to calculate the subsidy rate for the mandatory respondent. A full discussion of our decision to rely on adverse facts available is presented in the “Use of Facts Otherwise Available and Adverse Inferences” section of the Issues and Decision Memorandum.
In accordance with section 705(c)(1)(B)(i)(I) of the Act, we determined a rate for Tau-Ken Temir (the only individually investigated exporter/producer of subject merchandise). Section 705(c)(5)(A)(i) of the Act states that, for companies not individually investigated, we will determine an “all others” rate equal to the weighted-average countervailable subsidy rates established for exporters and producers individually investigated, excluding any zero and
In this investigation, Commerce assigned a rate based entirely on facts available to Tau-Ken Temir. Accordingly, we are using “any reasonable method” to establish the all-others rate. We find that it is reasonable to rely on the rate established for Tau-Ken Temir as the all-others rate, particularly because there is no other information on the record that can be used to determine an all-others rate. We determine the total estimated net countervailable subsidy rates to
As a result of our affirmative
In accordance with section 703(d) of the Act, we later issued instructions to CBP to discontinue the suspension of liquidation for CVD purposes for subject merchandise entered, or withdrawn from warehouse, on or after December 12, 2017, but to continue the suspension of liquidation of all entries from August 14, 2017, through December 11, 2017, as appropriate.
We will issue a countervailing duty (CVD) order and reinstate the suspension of liquidation in accordance with our final determination and under section 706(a) of the Act if the United States International Trade Commission (ITC) issues a final affirmative injury determination, and we will instruct CBP to require a cash deposit of estimated countervailing duties for such entries of merchandise in the amounts indicated above. If the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated and all estimated duties deposited as a result of the suspension of liquidation will be refunded.
In accordance with section 705(d) of the Act, we will notify the ITC of our determination. In addition, we are making available to the ITC all non-privileged and non-proprietary information related to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order (APO), without the written consent of the Assistant Secretary for Enforcement and Compliance.
In the event that the ITC issues a final negative injury determination, this notice will serve as the only reminder to parties subject to the APO of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction.
This determination is issued and published pursuant to sections 705(d)
The scope of this investigation covers all forms and sizes of silicon metal, including silicon metal powder. Silicon metal contains at least 85.00 percent but less than 99.99 percent silicon, and less than 4.00 percent iron, by actual weight. Semiconductor grade silicon (merchandise containing at least 99.99 percent silicon by actual weight and classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheading 2804.61.0000) is excluded from the scope of this investigation.
Silicon metal is currently classifiable under subheadings 2804.69.1000 and 2804.69.5000 of the HTSUS. While HTSUS numbers are provided for convenience and customs purposes, the written description of the scope remains dispositive.
Enforcement and Compliance, International Trade Administration, Department of Commerce.
The Department of Commerce (Commerce) is initiating an expedited review of the countervailing duty order on certain softwood lumber products (softwood lumber) from Canada.
Applicable March 8, 2018.
Kristen Johnson or Emily Halle, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230; telephone (202) 482-4793 or (202) 482-0176, respectively.
On January 3, 2018, Commerce published the countervailing duty order on softwood lumber from Canada.
In accordance with 19 CFR 351.214(k)(1)(i)-(iii), each company that requested a review certified that it exported the subject merchandise to the United States during the period of investigation; that it was not affiliated with an exporter or producer that Commerce individually examined in the investigation; and that it informed the Government of Canada, as the government of the exporting country, that the government will be required to provide a full response to Commerce's questionnaire.
Therefore, in accordance with 19 CFR 351.214(k), we are initiating an expedited review of the countervailing duty order on softwood lumber from Canada. Pursuant to 19 CFR 351.214(i)(1) and (k)(3), we intend to issue the preliminary results of this expedited review not later than 180 days from the date of initiation of this review.
Pursuant to 19 CFR 351.214(k)(3)(iii), the final results of this expedited review will not be the basis for the assessment of countervailing duties. Instead, this expedited review is intended to establish individual cash deposit rates for those companies that requested an expedited review, or to exclude from the countervailing duty order a company for which the final results of expedited review are zero or
Pursuant to 19 CFR 351.214(f), we will rescind the expedited review for any company that withdraws its request for expedited review within 60 days after the date of publication of this notice of initiation.
Interested parties must submit applications for disclosure under administrative protective orders in accordance with 19 CFR 351.305 and 351.306.
This initiation and notice are issued and published in accordance with 19 CFR 351.214(k)(2)(i) and 19 CFR 351.221(c)(i).
Below is the list of companies that requested an expedited review of the countervailing duty order on softwood lumber from Canada.
Enforcement and Compliance, International Trade Administration, Department of Commerce.
The Department of Commerce (Commerce) determines that countervailable subsidies are being provided to Simcoa Operations Pty. Ltd. (Simcoa), a producer/exporter of silicon metal from Australia. The period of investigation is January 1, 2016, through December 31, 2016.
Applicable March 8, 2018.
Kate Johnson or John Anwesen, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4929 or (202) 482-0131, respectively.
Commerce published the
The product covered by this investigation is silicon metal from Australia. For a full description of the scope of this investigation,
During the course of this investigation, Commerce received numerous scope comments from interested parties. Prior to the
Commerce reviewed these briefs, considered the arguments therein, and is not making any additional changes to the scope of the investigation. For further discussion, see Commerce's Final Scope Decision Memorandum.
The subsidy programs under investigation and the issues raised in the case and rebuttal briefs by parties in this investigation are discussed in the Issues and Decision Memorandum. A list of the issues that parties raised, and to which we responded in the Issues and Decision Memorandum, is attached to this notice at Appendix II.
Commerce conducted this investigation in accordance with section 701 of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found countervailable, Commerce determines that there is a subsidy,
Based on our review and analysis of the comments received from parties, and the minor corrections presented at verification, we made certain changes to the respondent's subsidy rate calculations. For a discussion of these changes,
In accordance with section 705(c)(l)(B)(i) of the Act, we calculated a rate for Simcoa, the producer/exporter of subject merchandise selected for individual examination in this investigation.
Section 705(c)(5)(A) of the Act provides that in the final determination, Commerce shall determine an estimated all-others rate for companies not individually examined. This rate shall be an amount equal to the weighted average of the estimated subsidy rates established for those companies individually examined, excluding any zero and
In this investigation, Commerce preliminarily calculated an individual estimated countervailable subsidy rate for Simcoa, the only individually examined producer/exporter in this investigation. Because the only individually calculated rate is not zero,
Commerce determines that the following estimated countervailable subsidy rate exists:
We intend
As a result of our
If the U.S. International Trade Commission (ITC) issues a final affirmative injury determination, we will issue a CVD order, will reinstate the suspension of liquidation under section 706(a) of the Act, and will require a cash deposit of estimated countervailing duties for such entries of subject merchandise in the amounts indicated above. If the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated and all estimated duties deposited or securities posted as a result of the suspension of liquidation will be refunded or canceled.
In accordance with section 705(d) of the Act, Commerce will notify the ITC of its determination. In addition, we are making available to the ITC all non-privileged and non-proprietary information related to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order (APO), without the written consent of the Assistant Secretary for Enforcement and Compliance.
In the event that the ITC issues a final negative injury determination, this notice will serve as the only reminder to parties subject to an APO of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction.
This determination is issued and published pursuant to sections 705(d) and 777(i) of the Act and 19 CFR 351.210(c).
The scope of this investigation covers all forms and sizes of silicon metal, including silicon metal powder. Silicon metal contains at least 85.00 percent but less than 99.99 percent silicon, and less than 4.00 percent iron, by actual weight. Semiconductor grade silicon (merchandise containing at least 99.99 percent silicon by actual weight and classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheading 2804.61.0000) is excluded from the scope of these investigations.
Silicon metal is currently classifiable under subheadings 2804.69.1000 and 2804.69.5000 of the HTSUS. While HTSUS numbers are provided for convenience and customs purposes, the written description of the scope remains dispositive.
Enforcement and Compliance, International Trade Administration, Department of Commerce.
The Department of Commerce (Commerce) determines that imports of silicon metal from Brazil are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is January 1, 2016, through December 31, 2016. The final margins of sales at LTFV are listed below in the “Final Determination” section of this notice.
Applicable March 8, 2018.
Brian Smith or Jesus Saenz, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1766 and (202) 482-8184, respectively.
On October 12, 2017, Commerce published the
A summary of the events that occurred since Commerce published the
The product covered by this investigation is silicon metal from Brazil. For a full description of the scope of this investigation,
During the course of this investigation, Commerce received numerous scope comments from interested parties. Prior to the
Commerce reviewed these briefs, considered the arguments therein, and is making no additional changes to the scope of the investigation. For further discussion, see Commerce's Final Scope Decision Memorandum.
All issues raised in the case and rebuttal briefs that were submitted by parties in the investigation are addressed in either the Final Scope Decision Memorandum or the Issues and Decision Memorandum accompanying this notice. A list of the issues addressed in the Issues and Decision Memorandum is attached to this notice at Appendix II. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at
As provided in section 782(i) of the Tariff Act of 1930, as amended (the Act), from October 2017 through January 2018, we conducted verification of the sales and cost information submitted by respondent Palmyra do Brasil Indústria e Comércio de Silício Metálico e Recursos Naturais Ltda. (Palmyra) for use in our final determination. We used standard verification procedures, including an examination of relevant accounting and production records, and original source documents provided by Palmyra.
We made certain changes to the
The respondent Ligas de Aluminio S.A.—LIASA (LIASA) failed to participate in this investigation. Therefore, in the
Section 735(c)(5)(A) of the Act provides that, in the final determination, Commerce shall determine an estimated weighted-average dumping margin for all-other exporters and producers not individually examined. This rate shall be an amount equal to the weighted-average of the estimated weighted-average dumping margins established for exporters or producers individually examined, excluding rates that are zero,
The final estimated weighted-average dumping margins are as follows:
Commerce
In accordance with section 735(c)(1)(B) of the Act, for this final determination, we will direct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all entries of silicon metal from Brazil, as described in Appendix I of this notice, which are entered, or withdrawn from warehouse, for consumption on or after October 12, 2017, the date of publication in the
Further, the Department will instruct CBP to require a cash deposit equal to the estimated amount by which the normal value exceeds the U.S. price as shown above, adjusted where appropriate, for export subsidies found in the final determination of the companion countervailing duty investigation. Consistent with our longstanding practice, where the product under investigation is also subject to a concurrent countervailing duty investigation, we instruct CBP to require a cash deposit equal to the amount by which the normal value exceeds the U.S. price, less the amount of the countervailing duty determined to constitute any export subsidies.
Therefore, in the event that a countervailing duty order is issued and suspension of liquidation is resumed in the companion countervailing duty investigation on silicon metal from Brazil, the Department will instruct CBP to require cash deposits adjusted by the amount of export subsidies, as appropriate. These adjustments are reflected in the final column of the rate chart, above. Until such suspension of liquidation is resumed in the companion countervailing duty investigation, and so long as suspension of liquidation continues under this antidumping duty investigation, the cash deposit rates for this antidumping duty investigation will be the rates identified in the estimated weighted-average dumping margin column in the rate chart, above.
In accordance with section 735(d) of the Act, we will notify the International Trade Commission (ITC) of the final affirmative determination of sales at LTFV. Because Commerce's final determination is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports, or sales (or the likelihood of sales) for importation of silicon metal from Brazil no later than 45 days after this final determination. If the ITC determines that such injury does not exist, this proceeding will be terminated and all cash deposits posted will be refunded. If the ITC determines that such injury does exist, Commerce will issue an antidumping duty order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the “Continuation of Suspension of Liquidation” section.
This notice will serve as a reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of propriety information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation.
This determination is issued and published in accordance with sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c).
The scope of this investigation covers all forms and sizes of silicon metal, including silicon metal powder. Silicon metal contains at least 85.00 percent but less than 99.99 percent silicon, and less than 4.00 percent iron, by actual weight. Semiconductor grade silicon (merchandise containing at least 99.99 percent silicon by actual weight and classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheading 2804.61.0000) is excluded from the scope of this investigation.
Silicon metal is currently classifiable under subheadings 2804.69.1000 and 2804.69.5000 of the HTSUS. While HTSUS numbers are provided for convenience and customs purposes, the written description of the scope remains dispositive.
Enforcement and Compliance, International Trade Administration, Department of Commerce.
The Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of silicon metal from Brazil. The period of investigation is January 1, 2016, through December 31, 2016.
Applicable March 8, 2018.
Robert Palmer or George Ayache, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-9068 or (202) 482-2623, respectively.
Commerce published the
The product covered by this investigation is silicon metal from Brazil. For a full description of the scope of this investigation,
During the course of this investigation, Commerce received numerous scope comments from interested parties. Prior to the
Commerce reviewed these briefs, considered the arguments therein, and is not making any additional changes to the scope of the investigation. For further discussion, see Commerce's Final Scope Decision Memorandum.
The subsidy programs under investigation and the issues raised in the case and rebuttal briefs by parties in this investigation are discussed in the Issues and Decision Memorandum. A list of the issues that parties raised, and to which we responded in the Issues and Decision Memorandum, is attached to this notice at Appendix II.
Commerce conducted this investigation in accordance with section 701 of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found countervailable, Commerce determines that there is a subsidy,
In making these findings, Commerce relied, in part, on facts otherwise available and, because it finds that one or more respondents did not act to the best of their ability to respond to Commerce's requests for information, it drew an adverse inference where appropriate in selecting from among the facts otherwise available.
Based on our review and analysis of the comments received from parties, verification, and the minor corrections presented at verification, we made certain changes to the respondents' subsidy rate calculations. For a discussion of these changes,
In accordance with section 705(c)(l)(B)(i) of the Act, we calculated a rate for Palmyra do Brasil Indústria e Comércio de Silicio Metálico e Recursos Naturais Ltda. (Palmyra do Brasil), a producer/exporter of subject
Commerce assigned a rate based entirely on facts otherwise available with an adverse inference pursuant to section 776 of the Act to Ligas de Aluminio S.A.—LIASA (LIASA).
Section 705(c)(5)(A) of the Act provides that in the final determination, Commerce shall determine an estimated all-others rate for companies not individually examined. This rate shall be an amount equal to the weighted average of the estimated subsidy rates established for those companies individually examined, excluding any zero and
The only rate for an individually-examined respondent that is not zero,
Commerce determines that the following estimated countervailable subsidy rates
We intend to disclose to parties in this proceeding the calculations performed for this final determination within five days of the date of publication of our final determination, in accordance with 19 CFR 351.224(b).
As a result of our
If the U.S. International Trade Commission (ITC) issues a final affirmative injury determination, we will issue a CVD order, will reinstate the suspension of liquidation under section 706(a) of the Act, and will require a cash deposit of estimated countervailing duties for such entries of subject merchandise in the amounts indicated above. If the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated and all estimated duties deposited or securities posted as a result of the suspension of liquidation will be refunded or canceled.
In accordance with section 705(d) of the Act, Commerce will notify the ITC of its determination. In addition, we are making available to the ITC all non-privileged and non-proprietary information related to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order (APO), without the written consent of the Assistant Secretary for Enforcement and Compliance.
In the event that the ITC issues a final negative injury determination, this notice will serve as the only reminder to parties subject to an APO of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction.
This determination is issued and published pursuant to sections 705(d) and 777(i) of the Act and 19 CFR 351.210(c).
The scope of this investigation covers all forms and sizes of silicon metal, including silicon metal powder. Silicon metal contains at least 85.00 percent but less than 99.99 percent silicon, and less than 4.00 percent iron, by actual weight. Semiconductor grade silicon (merchandise containing at least 99.99 percent silicon by actual weight and classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheading 2804.61.0000) is excluded from the scope of these investigations.
Silicon metal is currently classifiable under subheadings 2804.69.1000 and 2804.69.5000 of the HTSUS. While HTSUS numbers are provided for convenience and customs purposes, the written description of the scope remains dispositive.
Enforcement and Compliance, International Trade Administration, Department of Commerce.
The Department of Commerce (Commerce) determines that imports of silicon metal from Australia are being,
Applicable March 8, 2018.
Brian Smith or Denisa Ursu, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1766 and (202) 482-2285, respectively.
On October 12, 2017, Commerce published the
A summary of the events that occurred since Commerce published the
The product covered by this investigation is silicon metal from Australia. For a full description of the scope of this investigation,
During the course of this investigation, Commerce received numerous scope comments from interested parties. Prior to the
Commerce reviewed these briefs, considered the arguments therein, and is not making any additional changes to the scope of the investigation. For further discussion, see Commerce's Final Scope Decision Memorandum.
All issues raised in the petitioner's case briefs
As provided in section 782(i) of the Tariff Act of 1930, as amended (the Act), we informed Simcoa Operations Pty Ltd. (Simcoa),
Based on Simcoa's decision to no longer participate in this investigation and our analysis of the comments received, we find that Simcoa has been uncooperative in this investigation and that facts available with an adverse inference with respect to Simcoa is warranted in the final determination in accordance with sections 776(a) and (b) of the Act and 19 CFR 351.308. For further discussion, see “Use of Adverse Facts Available” section below and the Issues and Decision Memorandum.
In accordance with section 733(e)(1) of the Act and 19 CFR 351.206, we preliminarily found that critical circumstances exist with respect to imports of silicon metal from Simcoa, and do not exist with respect to companies covered by the “all others” rate.
The mandatory respondent Simcoa failed to allow its sales and cost data to be verified by Commerce. Therefore, we find that the application of facts available with an adverse inference with respect to Simcoa is warranted in the final determination. In applying total adverse facts available, Commerce has assigned to Simcoa's exports of the subject merchandise the rate of 51.28 percent, which is the highest rate calculated in the Petition.
Section 735(c)(5)(B) of the Act provides where, as here, the estimated weighted-average dumping margins established for all exporters and producers individually investigated are zero or
The final weighted-average dumping margins are as follows:
The weighted-average dumping margin assigned to Simcoa in the final determination of this investigation is the highest rate calculated in the Petition and the all others rate is the simple average of the margins in the Petition. Neither the dumping margin assigned to Simcoa nor the margins used to calculate the all others rate are proprietary in nature and they are considered to be public information (in both the Petition and in the Australia AD Initiation Checklist).
In accordance with section 735(c)(1)(B) of the Act, for this final determination, we will direct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all entries of silicon metal from Australia, as described in Appendix I of this notice, which are entered, or withdrawn from warehouse, for consumption on or after October 12, 2017, the date of publication in the
For entries made by Simcoa, in accordance with section 735(c)(4)(A) of the Act, because we continue to find that critical circumstances exist, we will instruct CBP to continue to suspend liquidation of all appropriate entries of silicon metal from Australia which were entered, or withdrawn from warehouse, for consumption on or after July 14, 2017, which is 90 days prior to the date of publication of the
In accordance with section 735(d) of the Act, we will notify the International Trade Commission (ITC) of the final affirmative determination of sales at LTFV. Because Commerce's final determination is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports, or sales (or the likelihood of sales) for importation of silicon metal from Australia no later than 45 days after this final determination. If the ITC determines that such injury does not exist, this proceeding will be terminated and all cash deposits posted will be refunded or canceled. If the ITC determines that such injury does exist, Commerce will issue an antidumping duty order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the “Continuation of Suspension of Liquidation” section.
This notice will serve as a reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of propriety information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation.
This determination is issued and published in accordance with sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c).
The scope of this investigation covers all forms and sizes of silicon metal, including silicon metal powder. Silicon metal contains at least 85.00 percent but less than 99.99 percent silicon, and less than 4.00 percent iron, by actual weight. Semiconductor grade silicon (merchandise containing at least 99.99 percent silicon by actual weight and classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheading 2804.61.0000) is excluded from the scope of this investigation.
Silicon metal is currently classifiable under subheadings 2804.69.1000 and 2804.69.5000 of the HTSUS. While HTSUS numbers are provided for convenience and customs purposes, the written description of the scope remains dispositive.
Enforcement and Compliance, International Trade Administration, Department of Commerce.
The Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of polytetrafluoroethylene resin (PTFE resin) from India. The period of investigation is April 1, 2016, through March 31, 2017.
Effective March 8, 2018.
Toby Vandall, Emily Halle, or Aimee Phelan, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1664, (202) 482-0176, or (202) 482-0697, respectively.
This preliminary determination is made in accordance with section 703(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on October 26, 2017.
The product covered by this investigation is PTFE resin from India. For a complete description of the scope of this investigation,
In accordance with the preamble to Commerce's regulations,
Commerce is conducting this investigation in accordance with section 701 of the Act. For each of the subsidy programs found countervailable, Commerce preliminarily determines that there is a subsidy,
Commerce notes that, in making these findings, it relied, in part, on facts available and, because it finds that the government of India did not act to the best of its ability to respond to Commerce's requests for information, Commerce drew an adverse inference where appropriate in selecting from among the facts otherwise available.
Sections 703(d) and 705(c)(5)(A) of the Act provide that in the preliminary determination, Commerce shall determine an estimated all-others rate for companies not individually examined. This rate shall be an amount equal to the weighted average of the estimated subsidy rates established for those companies individually examined, excluding any zero and
Commerce calculated an individual estimated countervailable subsidy rate for Gujarat Fluorochemicals Limited (GFL),
Commerce preliminarily determines that the following estimated countervailable subsidy rates exist:
In accordance with section 703(d)(1)(B) and (d)(2) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise as described in the scope of the investigation section entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the
Commerce intends to disclose its calculations and analysis performed to interested parties in this preliminary determination within five days of its public announcement, or if there is no public announcement, within five days of the date of this notice in accordance with 19 CFR 351.224(b).
As provided in section 782(i)(1) of the Act, Commerce intends to verify the information relied upon in making its final determination.
Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the last verification report is issued in this investigation. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.
Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce within 30 days after the date of publication of this notice. Requests should contain the party's name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at the U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date.
In accordance with section 703(f) of the Act, Commerce will notify the International Trade Commission (ITC) of its determination. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination.
This determination is issued and published pursuant to sections 703(f) and 777(i) of the Act and 19 CFR 351.205(c).
The product covered by this investigation is polytetrafluoroethylene (PTFE) resin, including but not limited to granular, dispersion, or coagulated dispersion (also known as fine powder). PTFE is covered by the scope of this investigation whether filled or unfilled, whether or not modified, and whether or not containing co-polymer additives, pigments, or other materials. Also included is PTFE wet raw polymer. The chemical formula for PTFE is C2F4, and the Chemical Abstracts Service Registry number is 9002-84-0.
PTFE further processed into micropowder, having particle size typically ranging from 1 to 25 microns, and a melt-flow rate no less than 0.1 gram/10 minutes, is excluded from the scope of this investigation.
PTFE is classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheadings 3904.61.0010 and 3904.61.0090. Subject merchandise may also be classified under HTSUS subheading 3904.69.5000. Although the HTSUS subheadings and CAS Number are provided for convenience and Customs purposes, the written description of the scope is dispositive.
National Oceanic and Atmospheric Administration (NOAA), Commerce.
Notice.
The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.
Written comments must be submitted on or before May 7, 2018.
Direct all written comments to Jennifer Jessup, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6616,
Requests for additional information or copies of the information collection instrument and instructions should be directed to Jeff Weir, (301) 427-8377 or
This request is for extension of a currently approved information collection.
The National Marine Fisheries Service (NMFS) operates a voluntary fee-for- service seafood inspection program (Program) under the authorities of the Agricultural Marketing Act of 1946, as amended, the Fish and Wildlife Act of 1956, and the Reorganization Plan No. 4 of 1970. The regulations for the Program are contained in 50 CFR part 260. The program offers inspection grading and certification services, including the use of official quality grade marks which indicate that specific products have been Federally inspected. Those wishing to participate in the program must request the services and submit specific compliance information. In July 1992, NMFS announced new inspection services, which were fully based on guidelines recommended by the National Academy of Sciences, known as Hazard Analysis Critical Control Point (HACCP). The information collection requirements fall under § 260.15 of the regulations. These guidelines required that a facility's quality control system have a written plan of the operation, identification of control points with acceptance criteria and a corrective action plan, as well as identified personnel responsible for oversight of the system.
Respondents have a choice of either electronic or paper forms. Methods of submittal include email of electronic forms, and mail and facsimile transmission of paper forms.
Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology.
Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record.
The Department of Commerce will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35).
This information collection request may be viewed at
Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to
National Oceanic and Atmospheric Administration (NOAA), Commerce.
Notice.
The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.
Written comments must be submitted on or before May 7, 2018.
Direct all written comments to Jennifer Jessup, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th and Constitution Avenue NW, Washington, DC 20230 (or via the internet at
Requests for additional information or copies of the information collection instrument and instructions should be directed to Gary Rule, NOAA Fisheries, 1201 NE Lloyd Blvd., Suite 1100, Portland, OR 97232, (503) 230-5424 or
This request is for extension of a currently approved information collection.
The Endangered Species Act of 1973 (ESA; 16 U.S.C. 1531
The required information is used to evaluate the impacts of the proposed activity on endangered species, to make the determinations required by the ESA prior to issuing a permit, and to establish appropriate permit conditions. To issue permits under ESA Section 10(a)(1)(A), the National Marine Fisheries Service (NMFS) must determine that (1) such exceptions were applied for in good faith, (2) if granted and exercised, will not operate to the disadvantage of such endangered species, and (3) will be consistent with the purposes and policy set forth in Section 2 of the ESA.
The currently approved application and reporting requirements apply to Pacific marine and anadromous fish species, as requirements regarding other species are being addressed in a separate information collection.
Submissions may be electronically or on paper.
Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology.
Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record.
Federal Student Aid (FSA), Department of Education (ED).
Notice.
In accordance with the Paperwork Reduction Act of 1995, ED is proposing an extension of an existing information collection.
Interested persons are invited to submit comments on or before May 7, 2018.
To access and review all the documents related to the information collection listed in this notice, please use
For specific questions related to collection activities, please contact Beth Grebeldinger, 202-377-4018.
The Department of Education (ED), in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed, revised, and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the public's reporting burden. It also helps the public understand the
Institutions are required to report student Pell Grant payment information to ED electronically. Electronic reporting is conducted through the Common Origination and Disbursement (COD) system. The COD system is used by institutions to request, report and reconcile grant funds received from the Pell Grant program.
Office of Special Education and Rehabilitative Services, Department of Education.
Notice.
This notice lists arbitration panel decisions under the Randolph-Sheppard Act issued in July, August, and September 2017. The full text of all decisions is available on the Department's website and by request.
Donald Brinson, U.S. Department of Education, 400 Maryland Avenue SW, Room 5045, Potomac Center Plaza, Washington, DC 20202-2800. Telephone: (202) 245-7310.
If you use a telecommunications device for the deaf (TDD) or a text telephone (TTY), call the Federal Relay Service, toll-free, at 1-800-877-8339.
For the purpose of providing individuals who are blind with remunerative employment, enlarging their economic opportunities, and stimulating greater efforts to make themselves self-supporting, the Randolph-Sheppard Act, 20 U.S.C. 107
The Act requires arbitration of disputes between SLAs and vendors who are blind and between SLAs and Federal agencies before three-person panels convened by the Department whose decisions constitute final agency action. 20 U.S.C. 107d-1. The Act also makes these decisions matters of public record and requires their publication in the
On September 5, 2017, the Department announced that it would publish quarterly lists of Randolph-Sheppard arbitration panel decisions in the
In the third quarter of 2017, Randolph-Sheppard arbitration panels issued the following decisions.
The decisions, which are searchable by key terms and accessible under Section 508 of the Rehabilitation Act, are available for download in Portable Document Format (PDF) at
You may also access documents of the Department published in the
Office of Environmental Management, U.S. Department of Energy.
Amended record of decision.
The Department of Energy (DOE) is amending its record of decision (ROD) (published in the
For further information on this Amended ROD, or to receive related NEPA documents, please contact: Ms. Tracy L. Williams, NEPA Compliance Officer, Savannah River Operations Office, U.S. Department of Energy, P.O. Box B, Aiken, South Carolina 29802; (803) 952-8278; or
DOE has decided to process the 65 Mark-18A targets at SRS to recover the
DOE manages materials containing long-lived isotopes produced from irradiating targets in nuclear reactors. A target is an object, typically a closed cylinder containing radioactive or nonradioactive material, placed within a nuclear reactor so that the material within the target may be bombarded by neutrons to produce desired isotopes.
One reactor at SRS was configured to generate a high concentration of neutrons in order to produce isotopes for defense purposes, other DOE programmatic applications, and scientific research. Eighty-six Mark-18A targets were irradiated in this reactor, producing
Since the 1970s the 21 irradiated and processed Mark-18A targets have provided the world's supplies of
To ensure the availability of
At the SRNL SCF, the targets will be taken into shielded cells where the aluminum cladding will be chemically removed. The target material will be dissolved and the plutonium in the resulting solution separated from curium, americium, and fission products. The plutonium solution will be converted to oxide as will the solution containing the curium, americium, and fission products. Both oxides will be transported to ORNL using packaging that has been certified in accordance with U.S. Department of Transportation (DOT) and U.S. Nuclear Regulatory Commission (NRC) regulations.
These operations are similar to activities performed at the SRNL SCF from the 1960s through the 1980s to process and recover actinides, and will be performed consistent with this facility's safety analysis constraints. Minor modifications, such as installation of special handling tools and temporary shielding, will be made at the SRNL SCF to configure it to facilitate safe receipt of the modified shipping cask and transfer of the targets to the shielded cells.
Additional processing and material recovery will occur at ORNL. Processing activities will be performed in existing facilities as part of ORNL's continuing R&D mission. These ORNL mission activities are covered under an existing NEPA Categorical Exclusion determination, 3059X (June 9, 2005).
In the
•
•
•
In the
In the
In accordance with the National Environmental Policy Act (NEPA) and DOE's implementing NEPA regulations, DOE prepared the
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The action addressed in this amended ROD will revise previously evaluated operations for the 65 Mark-18A targets evaluated in the
The very small quantity of material addressed by the proposed action indicates that the proposed action will have only negligible impacts and represent a negligible change to the potential environmental consequences evaluated in the
The
Considering the operational changes that will be required for implementing the Conversion to Oxide Alternative for the Mark-18A targets (minor modifications to the SRNL SCF cells, temporary shielding, equipment removal at the end of processing), DOE re-evaluated the potential environmental consequences that could result, focusing on potential human health impacts; geologic, ecological, cultural, aesthetic, and scenic resources; noise; land use; waste generation and management; and cumulative impacts.
Processing the targets will involve activities similar to those previously and currently conducted at the SRNL SCF. Operations will be performed within the SRNL safety and environmental basis, and will comply with DOE regulations, directives, and best management practices to minimize radiation exposures to workers and risks from industrial accidents or hazardous materials. Processing the 65 Mark-18A targets at the SRNL SCF will be within the scope of routine operations under its R&D mission. Although operations will vent nonradioactive volatile gases (nitrogen oxides, nitric acid, hydrogen) and fission products (krypton, xenon, iodine) through SRNL's E-wing ventilation system and the 791-A Sand filter stack, less than 100 liters of volatile compounds will be vented per target (6,500 liters total over a period of nine years).
Releases of both nonradioactive volatile gases and fission products will be well below levels of potential regulatory or procedural impact. Releases of fission products will be within the facility operating basis of 0.1 millirem per year (a procedural guideline to monitor SRNL activities) and no additional sampling or approval from the South Carolina Department of Health and Environmental Control will be required. Therefore, minimal impacts to members of the public or to noninvolved workers are expected from processing the 65 Mark-18A targets. Including Mark-18A target processing, operations at the SRNL SCF will be conducted so radioactive and nonradioactive emissions from all activities will be within its existing basis of operations and the requirements for protection of the public under the National Emission Standards for Hazardous Air Pollutants.
DOE evaluated the potential impacts to transport crews and members of the public by scaling the analysis in the
Wastes will be generated primarily during operations at the SRNL SCF and will include laboratory samples, scrap, and contaminated equipment such as pipettes or gloves. These wastes will primarily consist of solid or liquid LLW, MLLW, and TRU waste that will be managed within the capacities of existing SRS waste management operations. Solid LLW will be disposed of onsite in E-Area, while MLLW will be shipped offsite for treatment and disposal in accordance with the
The action addressed in this amended ROD will revise the management approach for a very small fraction of the materials evaluated in the
In the
The action addressed in this amended ROD does not involve processing operations at large separations facilities at SRS. The action addressed in this amended ROD will result in increased but small levels of short-term environmental impacts from target recovery, onsite transfer, and processing to recover desired isotopes, and transport of the recovered isotopes to ORNL.
To enable recovery of
DOE expects that processing activities at SRNL could begin as early as fiscal year 2020 and would continue through fiscal year 2029 depending on how many targets can be processed per year.
No mitigation measures were identified in the
This amended decision ensures the availability of
The action addressed in this amended ROD will involve a very small fraction of the nuclear materials evaluated in the
U.S. Department of Energy.
Notice and request for comments.
The Department of Energy (DOE) invites public comment on a proposed collection of information that DOE is developing for submission to the Office of Management and Budget (OMB) pursuant to the Paperwork Reduction Act of 1995. Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology.
Comments regarding this proposed information collection must be received on or before May 7, 2018. If you anticipate difficulty in submitting comments within that period, contact the person listed in
Written comments may be sent to Claudia Cantoni or by fax at (301) 903-5488, or by email at
Requests for additional information or copies of the information collection instrument and instructions should be directed to Claudia Cantoni or by fax at (301) 903-5488, or by email at
This information collection request contains: (1) OMB No. 1910-5166; (2) Information Collection Request Title: Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) Commercialization Survey; (3) Type of Request: Three-year extension; (4) Purpose: The DOE needs this information to satisfy the program requirements of the Small Business Act, including requirements established in the SBIR program reauthorization legislation, Public Law 106-554 and Public Law 107-50. This data will be collected by the DOE and provided to the Small Business Administration (SBA) to maintain information about SBIR/STTR awards issued through the two programs. This data will be provided by DOE based on information collected from SBIR/STTR awardees. This data will be used by DOE, SBA, and Congress to assess the commercial impact of these two programs; (5) Annual Estimated Number of Respondents: 2,500; (6) Annual Estimated Number of Total Responses: 2,500; (7) Annual Estimated Number of Burden Hours: 2,500; (8) Annual Estimated Reporting and Recordkeeping Cost Burden: $120,000.
Western Area Power Administration, DOE.
Notice of the Sierra Nevada Region's call for 2025 Resource Pool applications.
The Department of Energy (DOE), Western Area Power Administration. (WAPA), a Federal power marketing administration of DOE, published its 2025 Power Marketing Plan (Marketing Plan) for the Sierra Nevada Customer Service Region (SNR) in the
Applications must be received by 4 p.m., PDT, on May 7, 2018. WAPA will accept applications through its on-line APD form, electronically, or by certified mail (or its equivalent). Applications sent by regular mail will be accepted if postmarked at least 3 days before May 7, 2018, and received no later than May 10, 2018. WAPA will not consider applications that are not received by the prescribed dates.
Entities interested in applying for an allocation of WAPA power may submit an application on-line at
Ms. Sandee Peebles, Public Utilities Specialist, Sierra Nevada Customer Service Region, Western Area Power Administration, 114 Parkshore Drive, Folsom, CA 95630, telephone (916) 353-4454, email
The Marketing Plan describes how SNR will market its power resources beginning January 1, 2025, through December 31, 2054. As part of the Marketing Plan, WAPA will create the 2025 Resource Pool, which offers no less than 2 percent of SNR's marketable power resources. The Resource Pool percentage may be increased as discussed in the Marketing Plan. WAPA, at its discretion, will allocate a percentage of the 2025 Resource Pool to selected applicants that meet the Eligibility Criteria defined in the Marketing Plan. This allocation percentage will be multiplied by the 2025 Resource Pool percentage to determine the applicant's percentage of the Base Resource as described in the Marketing Plan. WAPA will publish a notice of Proposed Allocations in the
Through this
The APD has been approved by the Office of Management and Budget under Control No. 1910-5136. Applications may be completed on-line on WAPA's web page at
Applicants must provide all information requested on the APD form, if available and applicable. Please indicate if the requested information is not applicable or not available. WAPA may request, in writing, additional information from any applicant whose application is deficient. The applicant will have 10 business days from the postmark date on WAPA's request to provide the information. In the event an applicant fails to provide all information to WAPA, the application will not be considered.
The information in the APD form should be answered as if prepared by the entity/organization seeking the allocation of Federal power.
The information collected under this process will not be part of a system of records covered by the Privacy Act and may be available under the Freedom of Information Act. If you are submitting any confidential or business sensitive information, please mark such information before submitting your application.
If WAPA accepts an application and the applicant receives an allocation of Federal power, the applicant must keep all information related to the APD for a period of 3 years after signing a contract for Federal power. There is no recordkeeping requirement for unsuccessful applicants who do not receive an allocation of Federal power.
WAPA has obtained Office of Management and Budget Clearance Number 1910-5136 for collection of the above information. The APD is collected to enable WAPA to properly perform its function of marketing limited amounts of Federal hydropower. The data supplied will be used by WAPA to evaluate who will receive an allocation of Federal power.
After WAPA has evaluated the applications, WAPA will publish a notice of Proposed Allocations in the
SNR's 2025 Power Marketing Plan, published in the
In compliance with the National Environmental Policy Act (NEPA) (42 U.S.C. 4321-4370), Council on Environmental Quality NEPA implementing regulations (40 CFR parts 1500-1508), and DOE NEPA implementing regulations (10 CFR part 1021), WAPA completed a Categorical Exclusion (CX). This NEPA review identified and analyzed environmental effects related to the Marketing Plan. This action falls within the Marketing Plan and, thus, is covered by the CX.
In accordance with the Paperwork Reduction Act of 1980 (44 U.S.C. 3501,
Notwithstanding any other provision of law, no person is required to respond to a Federal collection of information unless it displays a valid OMB control number.
WAPA has an exemption from centralized regulatory review under Executive Order 12866; accordingly, no clearance of this
Environmental Protection Agency (EPA).
Notice.
The Charter for the United States Environmental Protection Agency's (EPA) Environmental Financial Advisory Board (EFAB) will be renewed for an additional two-year period, as a necessary committee which is in the public interest, in accordance with the provisions of the Federal Advisory Committee Act (FACA), 5 U.S.C. App. 2. The purpose of EFAB is to provide advice and recommendations to the EPA Administrator on issues associated with environmental financing. It is determined that EFAB is in the public interest in connection with the performance of duties imposed on the Agency by law. Inquiries may be directed to James Gebhardt, Director, Water Infrastructure and Resiliency Finance Center, U.S. EPA, William Jefferson Clinton Federal Building, 1200 Pennsylvania Ave. NW, Washington, DC 20460 (Mail Code: 4201T), Telephone (202) 564-0323, or
Federal Communications Commission.
Notice of public meeting.
In accordance with the Federal Advisory Committee Act, this notice advises interested persons of a change in date for a previously announced meeting of the Federal Communications Commission's (FCC) Technological Advisory Council.
Thursday, April 12th, 2018 in Commission Meeting Room, from 12:30 p.m. to 4:00 p.m.
Federal Communications Commission, 445 12th Street SW, Washington, DC 20554.
Walter Johnston, Chief, Electromagnetic Compatibility Division, (202) 418-0807;
Due to scheduling conflicts, the first meeting for 2018 of the FCC's Technological Advisory Council which had been previously announced in the
Requests for such accommodations should be submitted via email to
Federal Communications Commission.
Notice.
In this document, the Federal Communications Commission (FCC or Commission) announces the March 27, 2018, meeting and agenda of the Advisory Committee on Diversity and Digital Empowerment (ACDDE).
March 27, 2018, beginning at 10:00 a.m.
Federal Communications Commission, 445 12th Street SW, Room TW-C305, Washington, DC 20554.
Jamila Bess Johnson, Designated Federal Officer (DFO), Federal Communications Commission, Media Bureau, (202) 418-2608,
This meeting is open to members of the public. The FCC will accommodate as many attendees as possible; however, admittance will be limited to seating availability. The Commission will also provide audio and video coverage of the meeting over the internet at
Open captioning will be provided for this event. Other reasonable accommodations for persons with disabilities are available upon request. Requests for such accommodations should be submitted via email to
The Committee's mission is to provide recommendations to the FCC on how to empower disadvantaged communities and accelerate the entry of small businesses, including those owned by women and minorities, into the media, digital news and information, and audio and video
This agenda may be modified at the discretion of the ACDDE Chair and the DFO.
The Federal Deposit Insurance Corporation (FDIC or Receiver), as Receiver for each of the following insured depository institutions, was charged with the duty of winding up the affairs of the former institutions and liquidating all related assets. The Receiver has fulfilled its obligations and made all dividend distributions required by law.
The Receiver has further irrevocably authorized and appointed FDIC-Corporate as its attorney-in-fact to execute and file any and all documents that may be required to be executed by the Receiver which FDIC-Corporate, in its sole discretion, deems necessary, including but not limited to releases, discharges, satisfactions, endorsements, assignments, and deeds. Effective on the termination dates listed above, the Receiverships have been terminated, the Receiver has been discharged, and the Receiverships have ceased to exist as legal entities.
Notice is hereby given that the Federal Deposit Insurance Corporation (FDIC or Receiver), as Receiver for the institutions listed below, intends to terminate its receivership for said institutions.
The liquidation of the assets for each receivership has been completed. To the extent permitted by available funds and in accordance with law, the Receiver will be making a final dividend payment to proven creditors.
Based upon the foregoing, the Receiver has determined that the continued existence of the receiverships will serve no useful purpose. Consequently, notice is given that the receiverships shall be terminated, to be effective no sooner than thirty days after the date of this notice. If any person wishes to comment concerning the termination of any of the receiverships, such comment must be made in writing, identify the receivership to which the comment pertains, and be sent within thirty days of the date of this notice to: Federal Deposit Insurance Corporation, Division of Resolutions and Receiverships, Attention: Receivership Oversight Department 34.6, 1601 Bryan Street, Dallas, TX 75201.
No comments concerning the termination of the above-mentioned receiverships will be considered which are not sent within this time frame.
The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841
The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The applications will also be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States.
Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than April 5, 2018.
1.
The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and 225.41 of the Board's Regulation Y (12 CFR 225.41) to acquire shares of a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).
The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than March 23, 2018.
1.
The Office of Child Care (OCC) is completing the fourth 3-year cycle of case record reviews to meet the requirements for reporting under IPIA. The current data collection forms and instructions expire August 31, 2018. As part of the renewal process, OCC has revised the document with minor changes that do not change the methodology, but which provide respondents with additional guidance, clarification, and support to facilitate the completeness and accuracy of the required data submissions. In addition, questions regarding State processes that previously existed in section III Creating the Sampling Decisions, Assurances, and Fieldwork Preparation Plan on page 5, have been reformatted into a template to facilitate and ease the submission of this information. Two questions added are a description of the process for determining the annual amount of payments and the projected start date for conducting the case record reviews.
OCC is particularly interested in feedback regarding the ease and accuracy with which respondents that pool or combine funds can provide data regarding the pooled funds. Items addressing pooled funds are located primarily in Section VII Completing and Submitting the State Improper Payments Report on pages 43-45 and in the State Improper Payments Report template (Attachment 3) beginning on page 65.
In compliance with the requirements of the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chap 35), the Administration for Children and Families is soliciting public comment on the specific aspects of the information collection described above. Copies of the proposed collection of information can be obtained and comments may be forwarded by writing to the Administration for Children and Families, Office of Planning, Research and Evaluation, 330 C Street SW,
The Department specifically requests comments on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the proposed collection of information; (c) the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Consideration will be given to comments and suggestions submitted within 60 days of this publication.
Food and Drug Administration, HHS.
Notice.
The Food and Drug Administration (FDA or Agency) is announcing an opportunity for public comment on the proposed collection of certain information by the Agency. Under the Paperwork Reduction Act of 1995 (PRA), Federal Agencies are required to publish notice in the
Submit either electronic or written comments on the collection of information by May 7, 2018.
You may submit comments as follows: Please note that late, untimely filed comments will not be considered. Electronic comments must be submitted on or before May 7, 2018. The
Submit electronic comments in the following way:
•
• If you want to submit a comment with confidential information that you do not wish to be made available to the public, submit the comment as a written/paper submission and in the manner detailed (see “Written/Paper Submissions” and “Instructions”).
Submit written/paper submissions as follows:
•
• For written/paper comments submitted to the Dockets Management Staff, FDA will post your comment, as well as any attachments, except for information submitted, marked and identified, as confidential, if submitted as detailed in “Instructions.”
• Confidential Submissions—To submit a comment with confidential information that you do not wish to be made publicly available, submit your comments only as a written/paper submission. You should submit two copies total. One copy will include the information you claim to be confidential with a heading or cover note that states “THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.” The Agency will review this copy, including the claimed confidential information, in its consideration of comments. The second copy, which will have the claimed confidential information redacted/blacked out, will be available for public viewing and posted on
Domini Bean, Office of Operations, Food and Drug Administration, Three White Flint North, 10A-12M, 11601 Landsdown St., North Bethesda, MD 20852, 301-796-5733,
Under the PRA (44 U.S.C. 3501-3520), Federal Agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor.
With respect to the following collection of information, FDA invites comments on these topics: (1) Whether the proposed collection of information is necessary for the proper performance of FDA's functions, including whether the information will have practical utility; (2) the accuracy of FDA's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques, when appropriate, and other forms of information technology.
Section 403(r)(3)(A) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(r)(3)(A)) provides for the use of food label statements characterizing a relationship of any nutrient of the type required to be in the label or labeling of the food to a disease or a health related condition only where that statement meets the requirements of the regulations issued by the Secretary of Health and Human Services to authorize the use of such a health claim. Section 101.82 (21 CFR 101.82) of our regulations authorizes a health claim for food labels about soy protein and the risk of coronary heart disease (CHD). Accordingly, FDA established the previously referenced information collection in support of the regulation. In the
Based upon our current experience with the use of health claims, we estimate 25 firms market products bearing a soy protein/coronary heart disease health claim and that perhaps one of each firm's products might contain non-soy sources of protein along with soy protein. The records currently required to be retained under § 101.82(c)(2)(ii)(B) are the records,
Food and Drug Administration, HHS.
Notice of public workshop; request for comments.
The Food and Drug Administration (FDA, the Agency, or we) is announcing the following public workshop entitled “Study Design Considerations for Devices including Digital Health Technologies for Sleep Disordered Breathing in Adults.” The topic to be discussed is the appropriate design of clinical studies to evaluate devices including digital health technologies intended for the diagnosis, monitoring, or treatment of sleep disordered breathing (SDB) in adults. Study design considerations to be discussed include definitions for SDB conditions, inclusion/exclusion criteria for studies of these conditions, use of SDB assessment technologies, controls, and study endpoints.
The public workshop will be held on April 16, 2018, from 8 a.m. to 5 p.m. Submit either electronic or written comments on this public workshop by April 30, 2018. See the
The public workshop will be held at FDA's White Oak Campus, 10903 New Hampshire Ave., Bldg. 31 Conference Center, the Great Room (Rm. 1503), Silver Spring, MD 20993. Entrance for the public workshop participants (non-FDA employees) is through Building 1 where routine security check procedures will be performed. For parking and security information, please refer to
You may submit comments as follows. Please note that late, untimely filed comments will not be considered. Electronic comments must be submitted on or before April 30, 2018. The
Submit electronic comments in the following way:
•
• If you want to submit a comment with confidential information that you do not wish to be made available to the public, submit the comment as a written/paper submission and in the manner detailed (see “Written/Paper Submissions” and “Instructions”).
Submit written/paper submissions as follows:
•
• For written/paper comments submitted to the Dockets Management Staff, FDA will post your comment, as well as any attachments, except for information submitted, marked and identified, as confidential, if submitted as detailed in “Instructions.”
• Confidential Submissions—To submit a comment with confidential information that you do not wish to be made publicly available, submit your comments only as a written/paper submission. You should submit two copies total. One copy will include the information you claim to be confidential with a heading or cover note that states “THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.” The Agency will review this copy, including the claimed confidential information, in its consideration of comments. The second copy, which will have the claimed confidential information redacted/blacked out, will be available for public viewing and posted on
Sageev George, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 2443, Silver Spring, MD 20993, 301-796-6468,
Over the past several years, FDA has seen a marked increase in premarket submissions for devices intended for both the diagnosis and treatment of SDB. These include novel technologies for in-home assessment, intra-oral appliances, externally worn devices that generate increased upper airway pressures, passive implants, active implantable devices that stimulate the upper airway neuromusculature, and mobile apps for assessing and monitoring sleep. The large variety of technologies often poses different and challenging questions of safety and effectiveness and differing benefit-risk profiles for these devices. We have planned this workshop to bring together device regulators, clinical experts in sleep medicine, patients, and other stakeholders to discuss these challenges and potential solutions. The goal is to expedite innovation in SDB devices including digital health technologies and make sure that patients have timely access to reasonably safe and effective devices. To this end, we are actively seeking input and participation from several professional societies and patient advocacy groups with interests in the field of SDB.
The topics to be discussed are the appropriate design of clinical studies to evaluate devices and digital health technologies intended for the diagnosis, monitoring, or treatment of SDB in adults. Study design considerations to be discussed include definitions for SDB conditions, inclusion/exclusion criteria for studies of these conditions, use of SDB assessment technologies (
Registration is free and based on space availability, with priority given to early registrants. Persons interested in attending this public workshop must register by April 9, 2018, by 4 p.m. Eastern Time. Early registration is recommended because seating is limited; therefore, FDA may limit the number of participants from each organization. Registrants will receive
If you need special accommodations due to a disability, please contact Susan Monahan, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 32, Rm. 5231, Silver Spring, MD 20993-0002, 301-796-5661, email:
If you have never attended a Connect Pro event before, test your connection at
Office of the National Coordinator for Health Information Technology (ONC), HHS.
Notice of the Health Information Technology Advisory Committee 2018 schedule.
This notice fulfills obligations under section 3002 of the Public Health Service Act (PHSA), as amended by the 21st Century Cures Act. Section 3002(b) (5) of the PHSA, as amended, mandates that the Health Information Technology Advisory Committee shall develop a schedule for the assessment of policy recommendations and the Secretary shall publish such schedule in the
Lauren Richie Designated Federal Officer, at
Section 3002 of the Public Health Service Act (PHSA), as amended by the 21st Century Cures Act (Pub. L. 114-255), establishes the Health Information Technology Advisory Committee (HITAC). The HITAC will be governed by the provisions of the Federal Advisory Committee Act (Pub. L. 92-463), as amended (5 U.S.C. App.), which sets forth standards for the formation and use of federal advisory committees. The HITAC, among other things, shall identify priorities for standards adoption and make recommendations to the National Coordinator for Health Information Technology (National Coordinator) on a policy framework to advance an interoperable health information technology infrastructure.
Section 3002(b)(5) of the PHSA, as amended, provides that the HITAC shall develop a schedule for the assessment of policy recommendations developed by the HITAC and publish the schedule in the
Accordingly, the schedule for the HITAC's assessment of policy recommendations is as follows:
1. Within 90 days of a charge by the National Coordinator for recommendations on a matter, identify the best mechanism to organize itself to develop recommendations, and at a minimum, will:
a. Develop an assessment of what policies, standards, implementation specifications, and certification criteria are currently available to be considered as part of the request;
b. Consider where gaps exist and identify potential organizations that have the capability to address those gaps (
c. Create a timeline, which may also account for the National Institute of Standards and Technology (NIST) testing, where appropriate, and include dates when the HITAC is expected to issue the recommendation to the National Coordinator.
d. Include an opportunity for public comment during the consideration by the HITAC of the request by the National Coordinator for recommendations on a matter.
2. In responding to the National Coordinator:
a. Approve a timeline to deliver recommendations to the National Coordinator; and
b. Establish a task force to conduct analysis and solicit input, where appropriate, and develop draft recommendations to be considered by the full committee in a timely manner.
3. In collaboration with NIST, annually and through the use of public input, review and publish priorities for the use of health information technology, standards, and implementation specifications to support those priorities.
4. Recommend to the National Coordinator for purposes of adoption under section 3004, standards, implementation specifications, and certification criteria and an order of priority for the development, harmonization, and recognition of such standards, specifications, and certification criteria. Such recommendations shall include recommended standards, architectures, and software schemes for access to electronic individually identifiable health information across disparate systems including user vetting, authentication, privilege management, and access control.
The topics in which the HITAC is expected to address in FY2018 include, but may not be limited to the target areas as defined in section 3002 of the PHSA, as amended by the 21st Century Cures Act (Pub. L. 114-255), and they include:
1. Achieving a health information technology infrastructure that allows for the electronic access, exchange, and use of health information ;
2. The promotion and protection of privacy and security of health information in health information technology;
3. The facilitation of secure access by an individual to such individual's protected health information; and
4. Any other target area that the HITAC identifies as an appropriate target area to be considered. [42USC § 300jj (b)(2)(B)]
Notice of this meeting is given under section 3002(b)(5) of the PHSA, as amended.
U.S. Citizenship and Immigration Services, Department of Homeland Security.
60-Day notice.
The Department of Homeland Security (DHS), U.S. Citizenship and Immigration (USCIS) invites the general public and other Federal agencies to comment upon this proposed revision of a currently approved collection of information or new collection of information. In accordance with the Paperwork Reduction Act (PRA) of 1995, the information collection notice is published in the
Comments are encouraged and will be accepted for 60 days until May 7, 2018.
All submissions received must include the OMB Control Number 1615-0122 in the body of the letter, the agency name and Docket ID USCIS-2011-0015. To avoid duplicate submissions, please use only
(1)
(2)
USCIS, Office of Policy and Strategy, Regulatory Coordination Division, Samantha Deshommes, Chief, 20 Massachusetts Avenue NW, Washington, DC 20529-2140, telephone number 202-272-8377 (This is not a toll-free number. Comments are not accepted via telephone message). Please note contact information provided here is solely for questions regarding this notice. It is not for individual case status inquiries. Applicants seeking information about the status of their individual cases can check Case Status Online, available at the USCIS website at
You may access the information collection instrument with instructions, or additional information by visiting the Federal eRulemaking Portal site at:
Written comments and suggestions from the public and affected agencies should address one or more of the following four points:
(1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(2) Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to be collected; and
(4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology,
(1)
(2)
(3)
(4)
USCIS ICAM currently grants access to myUSCIS and the USCIS information collections available for e-filing.
(5)
(6)
(7)
Fish and Wildlife Service, Interior.
Notice of availability; request for comments.
We, the U.S. Fish and Wildlife Service (Service), have received an application for an incidental take permit (ITP) under the Endangered Species Act of 1973, as amended. DR Horton, Inc. (applicant), is requesting a 5-year ITP for take of the federally listed sand skink. We request public comments on the permit application and accompanying proposed habitat conservation plan as well as on our preliminary determination that the plan qualifies as low effect under the National Environmental Policy Act. To make this determination, we used our environmental action statement and low-effect screening form, which are also available for review.
To ensure consideration, please send your written comments by April 9, 2018.
You may submit written comments and request copies of the application, HCP, environmental action statement, or low-effect screening form by any one of the following methods:
Erin M. Gawera, telephone: (904) 731-3121; email:
Section 9 of the Endangered Species Act (16 U.S.C. 1531
Regulations governing incidental take permits for endangered and threatened species are at 50 CFR 17.22 and 17.32, respectively. The ESA's take prohibitions do not apply to federally listed plants on private lands unless such take would violate State law. In addition to meeting other criteria, the take authorized by an incidental take permit must not jeopardize the existence of federally listed fish, wildlife, or plants.
DR Horton, Inc., is requesting an incidental take permit (ITP) to take sand skink (
We have determined that the applicant's proposed plan, including the proposed mitigation and minimization measures, would have minor or negligible effects on the covered species and the environment so as to be “low effect” and qualify for categorical exclusion under the National Environmental Policy Act (NEPA), as provided by 43 CFR 46.205 and 46.210. A low-effect HCP is one involving (1) minor or negligible effects on federally listed or candidate species and their habitats, and (2) minor or negligible effects on other environmental values or resources.
We will evaluate the HCP and comments we receive to determine whether the ITP application meets the requirements of section 10(a) of the ESA. We will also conduct an intra-Service consultation to evaluate take of the sand skink in accordance with section 7 of the ESA. We will use the results of the consultation, in combination with the above findings, in our analysis of whether or not to issue the ITP. If the requirements are met, we will issue ITP number TE59070C-0 to the applicant.
If you wish to comment on the permit application, HCP, or associated documents, you may submit comments by any one of the methods listed in
Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.
We provide this notice under section 10 of the ESA and NEPA regulation 40 CFR 1506.6.
Fish and Wildlife Service, Interior.
Notice of availability; request for comments.
We, the U.S. Fish and Wildlife Service, have received an application from Calvary Church Santee for a 3-year incidental take permit for the threatened coastal California gnatcatcher pursuant to the Endangered Species Act, as amended. We are requesting comments on the permit application and on our preliminary determination that the applicant's accompanying proposed habitat conservation plan (HCP) qualifies as low effect, eligible for a categorical exclusion under the National Environmental Policy Act. The basis for this determination is discussed in our environmental action statement (EAS) and associated low-effect screening form, which are also available for public review.
Written comments should be received on or before April 9, 2018.
•
•
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Ms. Karen Goebel, Assistant Field Supervisor, Carlsbad Fish and Wildlife Office (see
We, the U.S. Fish and Wildlife Service (Service), have received an application from Calvary Church Santee (applicant) for a 3-year incidental take permit for one covered species pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531
We are requesting comments on the permit application and on our preliminary determination that the proposed HCP qualifies as a low-effect HCP, eligible for a categorical exclusion under the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321
Section 9 of the ESA and its implementing Federal regulations prohibit the take of animal species listed as endangered or threatened. “Take” is defined under the ESA as to “harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect [listed animal species], or to attempt to engage in such conduct” (16 U.S.C. 1538). “Harm” includes significant habitat modification or degradation that actually kills or injures listed wildlife by significantly impairing essential behavioral patterns such as breeding, feeding, or sheltering (50 CFR 17.3). However, under section 10(a) of the ESA, the Service may issue permits to authorize incidental take of listed species. “Incidental taking” is defined by the ESA implementing regulations as taking that is incidental to, and not the purpose of, carrying out an otherwise lawful activity (50 CFR 17.3). Regulations governing incidental take permits for endangered and threatened species, respectively, are found in the Code of Federal Regulations at 50 CFR 17.22 and 50 CFR 17.32.
The project is located on a 3.38-acre property in the City of Santee in San Diego County, California. The applicant requests a 3-year permit under section 10(a)(1)(B) of the ESA. If we approve the permit, the applicant anticipates taking gnatcatcher as a result of permanent impacts to 1.16 acres (ac) of coastal sage scrub habitat that the species uses for breeding, feeding, and sheltering. The take would be incidental to the applicant's activities associated with removal of a modular building and construction of an assembly building in the City of Santee, California, and includes conservation and in-perpetuity management of 1.76 ac of gnatcatcher habitat off site.
To minimize take of coastal California gnatcatcher by the Calvary Chapel Santee project and to offset impacts to its habitat, the applicant proposes to mitigate for permanent impacts to 1.16 ac of occupied gnatcatcher coastal sage scrub habitat through the conservation and in-perpetuity management of 1.76 ac of coastal sage scrub occupied by the gnatcatcher. The applicant's proposed HCP also contains the following proposed measures to minimize the effects of construction activities on the gnatcatcher:
• Prior to the initiation of work activities on the project sites, grading limits will be clearly delineated with flagging and/or temporary fencing and silt fencing, as necessary, to help guide work activities and avoid impacts to areas beyond the project boundaries.
• Prior to the initiation of work activities on the project sites, a Service-approved biologist will conduct a brief training session for all project personnel regarding the conservation measures and regulations described herein, as well as general information and methods that will help avoid and minimize disturbance to the gnatcatcher in the vicinity of project activities.
• Vegetation clearing will take place outside of the bird nesting season (February 15 through August 31) to the fullest extent practicable. Clearing may only occur during this period once a biologist has conducted surveys of the impact areas for nesting birds within 3 days of work activities. The qualified biologist will document compliance with applicable State regulations that protect nesting birds. If an active bird nest is observed, a 300-foot buffer must be established, within which no project activities will occur until the nest is no longer active. A reduced buffer may be
• Project-related landscaping will not include potentially invasive non-native plants.
• Lighting from the project site will not spill over into adjacent undisturbed native habitat.
The Proposed Action consists of the issuance of an incidental take permit and implementation of the proposed HCP, which includes measures to avoid, minimize, and mitigate impacts to the gnatcatcher. If we approve the permit, take of gnatcatcher would be authorized for the applicant's activities associated with the construction of the Calvary Chapel Santee project. In the proposed HCP, the applicant considers the No Action Alternative. Under the No Action Alternative, no incidental take of coastal California gnatcatcher resulting from habitat modification would occur, and no long-term protection and management would be afforded to the species. The No Action Alternative would not meet the primary goal of the proposed Project, which is to accommodate the existing church members and alleviate current overcrowded conditions. The parcel size is too small to accommodate alternate development configurations that would avoid incidental take.
The Service has made a preliminary determination that approval of the HCP and issuance of an incidental take permit qualify for categorical exclusion under NEPA (42 U.S.C. 4321
We base our determination that a HCP qualifies as a low-effect plan on the following three criteria:
(1) Implementation of the HCP would result in minor or negligible effects on federally listed, proposed, and candidate species and their habitats;
(2) Implementation of the HCP would result in minor or negligible effects on other environmental values or resources; and
(3) Impacts of the HCP, considered together with the impacts of other past, present, and reasonably foreseeable similarly situated projects, would not result, over time, in cumulative effects to environmental values or resources that would be considered significant.
Based upon this preliminary determination, we do not intend to prepare further NEPA documentation. We will consider public comments in making the final determination on whether to prepare such additional documentation.
We will evaluate the proposed HCP and comments we receive to determine whether the permit application meets the requirements and issuance criteria under section 10(a) of the ESA (16 U.S.C. 1531
If you wish to comment on the permit application, proposed HCP, and associated documents, you may submit comments by any of the methods noted in the
Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you may ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.
We provide this notice under section 10 of the ESA (16 U.S.C. 1531
Fish and Wildlife Service, Interior.
Notice of receipt of permit applications; request for comments.
We, the U.S. Fish and Wildlife Service, invite the public to comment on applications for permits to conduct activities intended to enhance the propagation or survival of endangered species. With some exceptions, the Endangered Species Act of 1973, as amended (ESA), prohibits activities that constitute take of listed species unless a Federal permit is issued that allows such activity. The ESA also requires that we invite public comment before issuing these permits.
We must receive your written comments by April 9, 2018.
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Kathy Konishi, Recovery Permits
The Endangered Species Act (16 U.S.C. 1531
A recovery permit issued under section 10(a)(1)(A) of the ESA authorizes the permittee to conduct activities with endangered species for scientific purposes that promote recovery or for enhancement of propagation or survival of the species. Our regulations implementing section 10(a)(1)(A) for these permits are found at 50 CFR 17.22 for endangered wildlife species, 50 CFR 17.32 for threatened wildlife species, 50 CFR 17.62 for endangered plant species, and 50 CFR 17.72 for threatened plant species.
We invite local, State and Federal agencies, Tribes, and the public to comment on the following applications.
Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. If you submit a hardcopy comment that includes personal identifying information, you may request at the top of your document that we withhold this information from public review; however, we cannot guarantee that we will be able to do so.
Please make your comments as specific as possible. Please confine your comments to issues for which we seek comments in this notice, and explain the basis for your comments. Include sufficient information with your comments to allow us to authenticate any scientific or commercial data you include.
The comments and recommendations that will be most useful and likely to influence agency decisions are: (1) Those supported by quantitative information or studies; and (2) Those that include citations to, and analyses of, the applicable laws and regulations.
If we decide to issue permits to any of the applicants listed in this notice, we will publish a notice in the
We publish this notice under section 10(c) of the Endangered Species Act of
Fish and Wildlife Service, Interior.
Notice of receipt of permit applications; request for comments.
We, the U.S. Fish and Wildlife Service, invite the public to comment on the following applications for a permit to conduct activities intended to recover and enhance endangered species survival. With some exceptions, the Endangered Species Act of 1973, as amended (ESA), prohibits certain activities that may impact endangered species unless a Federal permit allows such activity. The ESA also requires that we invite public comment before issuing these permits.
To ensure consideration, please send your written comments by April 9, 2018.
Request documents or submit comments to Susan Jacobsen, Chief, Classification and Restoration Division, by U.S. mail at Classification and Recovery Division, U.S. Fish and Wildlife Service, P.O. Box 1306, Albuquerque, NM 87103. Please specify the permit you are interested in by number (
Susan Jacobsen, Chief, Classification and Restoration Division, by U.S. mail at P.O. Box 1306, Albuquerque, NM 87103; or by telephone at 505-248-6641.
We, the U.S. Fish and Wildlife Service, invite the public to comment on the following applications for a permit to conduct activities intended to recover and enhance endangered species survival. With some exceptions, the Endangered Species Act of 1973, as amended (16 U.S.C. 1531
The ESA prohibits certain activities with endangered and threatened species unless a Federal permit authorizes them. The ESA and our implementing regulations in Code of Federal Regulations (CFR) title 50, part 17, provide for issuing such permits and require that we invite public comment before issuing permits for activities involving endangered species.
A recovery permit we issue under the ESA, section 10(a)(1)(A), authorizes the permittee to conduct activities with endangered or threatened species for scientific purposes that promote recovery or enhance the species' propagation or survival. Our regulations implementing section 10(a)(1)(A) for these permits are found at 50 CFR 17.22 for endangered wildlife species, 50 CFR 17.32 for threatened wildlife species, 50 CFR 17.62 for endangered plant species, and 50 CFR 17.72 for threatened plant species.
In accordance with the ESA, section 10(c), we invite public comment on these permit applications before we take final action.
We invite local, State, Tribal, and Federal agencies and the public to comment on the following applications. Please refer to the permit number for the application when submitting comments.
Documents and other information submitted with these applications are available for review by any party who submits a written request to the Program Manager for Restoration and Endangered Species Classification at the address in the
Proposed activities in the following permit requests are for the species' recovery and survival enhancement.
All comments and materials we receive in response to these requests will be available for public inspection, by appointment, during normal business hours at the address listed in
Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.
We provide this notice under section 10 of the ESA (16 U.S.C. 1531
Bureau of Land Management, Interior.
Notice of filing of plat of survey; Wisconsin, stayed.
On Tuesday, January 16, 2018, there was published in the
The official filing of the plat is hereby stayed, pending consideration of all protests.
National Park Service, Interior.
Meeting notice.
The National Park Service (NPS) is hereby giving notice that the Aniakchak National Monument Subsistence Resource Commission (SRC), the Wrangell-St. Elias National Park SRC, the Lake Clark National Park SRC, the Gates of the Arctic National Park SRC, the Cape Krusenstern National Monument SRC, and the Kobuk Valley National Park SRC, will hold public meetings to develop and continue work on NPS subsistence program recommendations, and other related regulatory proposals.
The Aniakchak National Monument SRC will meet at the Alaska Peninsula/Becharof National Wildlife Refuge Office, 4 Bear Road, King Salmon, AK 99613. The SRC meeting will take place from 1:30 p.m. to 4:00 p.m. or until business is completed on Tuesday, March 20, 2018. Should inclement weather or exceptional circumstances prevent travel the meeting will occur via teleconference. Teleconference participants must call the NPS office at (907) 246-2154, prior to the meeting to receive teleconference passcode information. For more detailed information regarding this meeting or if you are interested in applying for SRC membership, contact Designated Federal Official Mark Sturm, Superintendent, at (907) 246-2120, or via email at
The Wrangell-St. Elias National Park SRC will meet from 9:00 a.m. to 5:00 p.m. or until business is completed on Tuesday, March 20, 2018, and Wednesday, March 21, 2018, at the NPS office in the Copper Center Visitor Center Complex, Wrangell-St. Elias National Park and Preserve, Mile 106.8 Richardson Highway, Copper Center, AK 99573. Teleconference participants must call the NPS office at (907) 822-7236, prior to the meeting to receive teleconference passcode information. For more detailed information regarding these meetings, or if you are interested in applying for SRC membership, contact Designated Federal Official Ben Bobowski, Superintendent, at (907) 822-7202, or via email at
The Lake Clark National Park SRC will meet from 1:00 p.m. to 5:00 p.m. or until business is completed on Wednesday, April 11, 2018, at the Newhalen School Library, 900 School Rd., Newhalen, AK 99606. For more detailed information regarding this meeting or if you are interested in applying for SRC membership, contact Designated Federal Official Susanne Green, Superintendent, at (907) 644-3627, or via email at
The Gates of the Arctic National Park SRC will meet from 9:00 a.m. to 5:00 p.m. or until business is completed on Tuesday, April 17, 2018, and Wednesday, April 18, 2018, at the Allakaket Community Hall, Main Street, Allakaket, AK 99720. For more detailed information regarding this meeting or if you are interested in applying for SRC membership, contact Designated Federal Official Greg Dudgeon, Superintendent, at (907) 457-5752, or via email at
The Cape Krusenstern National Monument SRC will meet from 1:00 p.m. to 5:00 p.m. or until business is completed on Tuesday, April 24, 2018, and from 9:00 a.m. to 12:00 p.m. on Wednesday, April 25, 2018, in the conference room at the Northwest Arctic Heritage Center, 171 3rd Avenue, Kotzebue, AK 99752. For more detailed information regarding this meeting or if you are interested in applying for SRC membership, contact Designated Federal Official Maija Lukin, Superintendent, at (907) 442-8301, or via email at
The Kobuk Valley National Park SRC will meet from 1:00 p.m. to 5:00 p.m. or until business is completed on Thursday, April 26, 2018, and from 9:00 a.m. to 12:00 p.m. on Friday, April 27, 2018, in the conference room at the Northwest Arctic Heritage Center, 171 3rd Avenue, Kotzebue, AK 99752. For more detailed information regarding this meeting or if you are interested in applying for SRC membership, contact Designated Federal Official Maija Lukin, Superintendent, at (907) 442-8301, or via email at
The Aniakchak National Monument SRC will meet at the Alaska Peninsula/Becharof National Wildlife Refuge Office, 4 Bear Road, King Salmon, AK 99613. The Wrangell-St. Elias National Park SRC will meet at the NPS office in the Copper Center Visitor Center Complex, Wrangell-St. Elias National Park and Preserve, Mile 106.8 Richardson Highway, Copper Center, AK 99573. The Lake Clark National Park SRC will meet at the Newhalen School Library, 900 School Rd., Newhalen, AK 99606. The Gates of the Arctic National Park SRC will meet at the Allakaket Community Hall, Main Street, Allakaket, AK 99720. The Cape Krusenstern National Monument SRC and the Kobuk Valley National Park SRC will meet at the Northwest Arctic Heritage Center, 171 3rd Avenue, Kotzebue, AK 99752.
The NPS is holding the meeting pursuant to the Federal Advisory Committee Act (5 U.S.C. Appendix 1-16). The NPS SRC program is authorized under section 808 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3118), title VIII. SRC meetings are open to the public and will have time allocated for public testimony. The public is welcome to present written or oral comments to the SRC. SRC meetings will be recorded and meeting minutes will be available upon request from the Superintendent for public inspection approximately six weeks after the meeting. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may
SRC meeting location and date may change based on inclement weather or exceptional circumstances. If the meeting date and location are changed, the Superintendent will issue a press release and use local newspapers and radio stations to announce the rescheduled meeting.
16 U.S.C. 3118; 5 U.S.C. Appendix 1-16.
The Foreign Claims Settlement Commission, pursuant to its regulations (45 CFR part 503.25) and the Government in the Sunshine Act (5 U.S.C. 552b), hereby gives notice in regard to the scheduling of open meetings as follows:
10:00 a.m.—Issuance of Proposed Decisions in claims against Iraq.
Open.
All meetings are held at the Foreign Claims Settlement Commission, 600 E Street NW, Washington, DC. Requests for information, or advance notices of intention to observe an open meeting, may be directed to: Patricia M. Hall, Foreign Claims Settlement Commission, 600 E Street NW, Suite 6002, Washington, DC 20579. Telephone: (202) 616-6975.
Occupational Safety and Health Administration (OSHA), Labor.
Request for public comments.
OSHA solicits public comments concerning its proposal to extend OMB approval of the information collection requirements specified by the Acrylonitrile Standard.
Comments must be submitted (postmarked, sent, or received) by May 7, 2018.
Charles McCormick or Theda Kenney, Directorate of Standards and Guidance, OSHA, U.S. Department of Labor, telephone (202) 693-2222.
The Department of Labor, as part of its continuing effort to reduce paperwork and respondent (
The information collection requirements specified in the Acrylonitrile (AN) Standard protect workers from the adverse health effects that may result from their exposure to AN. The major information collection requirements of the AN Standard include notifying workers of their AN exposures, implementing a written compliance program, providing examining physicians with specific information, ensuring that workers receive a copy of their medical examination results, maintaining workers' exposure monitoring and medical records for specific periods, and providing access to these records by OSHA, the National Institute for Occupational Safety and Health (NIOSHA), the affected workers, and designated representatives.
OSHA has a particular interest in comments on the following issues:
• Whether the proposed information collection requirements are necessary for the proper performance of the Agency's functions to protect workers, including whether the information is useful;
• The accuracy of OSHA's estimate of the burden (time and costs) of the information collection requirements, including the validity of the methodology and assumptions used;
• The quality, utility, and clarity of the information collected; and
• Ways to minimize the burden on employers who must comply, for example, by using automated or other technological information collection, and transmission techniques,
The Agency is requesting an adjustment increase in the burden hour total from 1,999 to 2,754 hours, a total increase of 755 hours. The increase is due to an adjustment of establishments and workers that were identified for this ICR.
You may submit comments in response to this document as follows: (1) Electronically at
Because of security procedures, the use of regular mail may cause a significant delay in the receipt of comments. For information about security procedures concerning the delivery of materials by hand, express delivery, messenger, or courier service, please contact the OSHA Docket Office at (202) 693-2350, (TTY (877) 889-5627).
Comments and submissions are posted without change at
Loren Sweatt, Deputy Assistant Secretary of Labor for Occupational Safety and Health, directed the preparation of this notice. The authority for this notice is the Paperwork Reduction Act of 1995 (44 U.S.C. 3506
Notice.
The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the paperwork Reduction Act of 1995. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the Office of Workers' Compensation (OWCP) is soliciting comments concerning the proposed collection: Notice of Controversion of Right to Compensation (LS-207). A copy of the proposed information collection request can be obtained by contacting the office listed below in the address section of this Notice.
Written comments must be submitted to the office listed in the addresses section below on or before May 7, 2018.
You may submit comments by mail, delivery service, or by hand to Ms. Yoon Ferguson, U.S. Department of Labor, 200 Constitution Ave. NW, Room S-3323, Washington, DC 20210; by fax to (202)354-9647; or by Email
The Office of Workers' Compensation Programs (OWCP) administers the Longshore and Harbor Workers' Compensation Act (LHWCA). The Act provides benefits to workers' injured in maritime employment on the navigable waters of the United States or in an adjoining area customarily used by an employer in loading, unloading, repairing, or building a vessel. In addition, several acts extend the Longshore Act's coverage to certain other employees. Pursuant to section 914(d) of the Longshore Act, and 20CFR702.251, if an employer controverts the right to compensation, he/she shall file with the district director in the affected compensation district on or before the fourteenth day after he/she has knowledge of the alleged injury or death, a notice, in accordance with a form prescribed by the Secretary, stating that the right to compensation is controverted. Form LS-207 has been designated for this purpose. Form LS-207 is used by insurance carriers and self-insured employers to controvert claims under the Longshore Act and extensions. The information is used by OWCP district offices to determine the basis for not paying benefits in a case. This information collection is currently approved for use through May 31, 2018.
* evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
* evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
* enhance the quality, utility and clarity of the information to be collected; and
* minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology,
The Department of Labor seeks the extension of approval of this information collection in order to carry out its responsibility to meet the statutory requirements to provide compensation or death benefits under the Act to workers covered by the Act.
Comments submitted in response to this notice will be summarized and/or included in the request for Office of Management and Budget approval of the information collection request; they will also become a matter of public record.
National Aeronautics and Space Administration (NASA).
Notice of information collection.
The National Aeronautics and Space Administration, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.
All comments should be submitted within 30 calendar days from the date of this publication.
Interested persons are invited to submit written comments regarding the proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 7th Street NW, Washington, DC 20543. Attention: Desk Officer for NASA.
Requests for additional information or copies of the information collection instrument and instructions should be directed to Lori Parker, NASA Clearance Officer, NASA Headquarters, 300 E Street SW, JF0000, Washington, DC 20546 or email
NASA's founding legislation, the Space Act of 1958, as amended, directs the agency to expand human knowledge of Earth and space phenomena and to preserve the role of the United States as a leader in aeronautics, space science, and technology. The NASA Office of Education administers the agency's national education activities in support of the Space Act, including the performance measurement and evaluation of educational projects and programs. This generic clearance will allow the NASA Office of Education to continue to test and pilot with subject matter experts, secondary students, higher education students, educators, and interested parties new and existing information collection forms and assessment instruments for the purposes of improvement and establishing validity and reliability characteristics of the forms and instruments. Existing information collections include Undergraduate Internship Impact Surveys (Baseline and Follow-up Instruments), Undergraduate Internship Impact Surveys (Retrospective and Traditional Developed Instruments), STEM Challenges Impact Surveys (Student Baseline and Follow-up Instruments), STEM Challenges Impact Surveys (Educator Retrospective Instruments), One Stop Shopping Initiative (OSSI) Student-level data application, and Office of Education Performance Measurement (OEPM) Program-level data system. Forms and instruments to be tested include program application forms, customer satisfaction questionnaires, focus group protocols, and project activity survey instruments. Methodological testing will include focus group discussions, pilot surveys to test new individual question items as well as the complete form and instrument. In addition, test-retest and similar protocols will be used to determine reliability characteristics of the forms and instruments. Methodological testing will assure that forms and instruments accurately and consistently collect and measure what they are intended to measure and that data collection items are interpreted precisely and consistently, all towards the goal of accurate Agency reporting
Electronic, paper, and focus group interviews.
Comments are invited on: (1) Whether the proposed collection of information is necessary for the proper performance of the functions of NASA, including whether the information collected has practical utility; (2) the accuracy of NASA's estimate of the burden (including hours and cost) of the proposed collection of information; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on respondents, including automated collection techniques or the use of other forms of information technology.
Comments submitted in response to this notice will be summarized and included in the request for OMB approval of this information collection. They will also become a matter of public record.
National Archives and Records Administration (NARA).
Notice of availability of proposed records schedules; request for comments.
The National Archives and Records Administration (NARA) publishes notice at least once monthly of certain Federal agency requests for records disposition authority (records schedules). Once approved by NARA, records schedules provide mandatory instructions on what happens to records when agencies no longer need them for current Government business. The records schedules authorize agencies to preserve records of continuing value in the National Archives of the United States and to destroy, after a specified period, records lacking administrative, legal, research, or other value. NARA publishes notice in the
NARA must receive requests for copies in writing by April 9, 2018. Once NARA finishes appraising the records, we will send you a copy of the schedule you requested. We usually prepare appraisal memoranda that contain additional information concerning the records covered by a proposed schedule. You may also request these. If you do, we will also provide them once we have completed the appraisal. You have 30 days after we send to you these requested documents in which to submit comments.
You may request a copy of any records schedule identified in this notice by contacting Records Appraisal and Agency Assistance (ACRA) using one of the following means:
You must cite the control number, which appears in parentheses after the name of the agency that submitted the schedule, and a mailing address. If you would like an appraisal report, please include that in your request.
Margaret Hawkins, Director, by mail at Records Appraisal and Agency Assistance (ACRA); National Archives and Records Administration; 8601 Adelphi Road; College Park, MD 20740-6001, by phone at 301-837-1799, or by email at
NARA publishes notice in the
Each year, Federal agencies create billions of records on paper, film, magnetic tape, and other media. To control this accumulation, agency records managers prepare schedules proposing records retention periods and submit these schedules for NARA's approval. These schedules provide for timely transfer into the National Archives of historically valuable records and authorize the agency to dispose of all other records after the agency no longer needs them to conduct its business. Some schedules are comprehensive and cover all the records of an agency or one of its major subdivisions. Most schedules, however, cover records of only one office or program or a few series of records. Many of these update previously approved schedules, and some include records proposed as permanent.
The schedules listed in this notice are media neutral unless otherwise specified. An item in a schedule is media neutral when an agency may apply the disposition instructions to records regardless of the medium in which it creates or maintains the records. Items included in schedules submitted to NARA on or after December 17, 2007, are media neutral unless the item is expressly limited to a specific medium. (See 36 CFR 1225.12(e).)
Agencies may not destroy Federal records without Archivist of the United States' approval. The Archivist approves destruction only after thoroughly considering the records' administrative use by the agency of origin, the rights of the Government and of private people directly affected by the Government's activities, and whether or not the records have historical or other value.
In addition to identifying the Federal agencies and any subdivisions requesting disposition authority, this notice lists the organizational unit(s) accumulating the records (or notes that the schedule has agency-wide applicability when schedules cover records that may be accumulated throughout an agency); provides the control number assigned to each schedule, the total number of schedule items, and the number of temporary items (the records proposed for destruction); and includes a brief description of the temporary records. The records schedule itself contains a full description of the records at the file unit level as well as their disposition. If NARA staff has prepared an appraisal memorandum for the schedule, it also includes information about the records. You may request additional information about the disposition process at the addresses above.
1. Department of Agriculture, Foreign Agricultural Service (DAA-0166-2018-
2. Department of the Army, Agency-wide (DAA-AU-2011-0001, 1 item, 1 temporary item). Master files of an electronic information system used to maintain the location of rolling stock assets.
3. Department of Commerce, Office of the Inspector General (DAA-0040-2018-0001, 3 items, 2 temporary items). Master files of an electronic information system that contains investigative case data for minor cases of whistleblower reprisals, requests for assistance from other law enforcement agencies, internal complaint cases, as well as cases that are not investigated or are closed with no action. Proposed for permanent retention are significant cases that result in national media attention, Congressional hearings, or substantive changes in agency policy or procedures.
4. Department of Homeland Security, Transportation Security Administration (DAA-0560-2017-0019, 2 items, 2 temporary items). Agency-wide records related to financial management, to include state and local tax exemption, and trip reports.
5. Department of Housing and Urban Development, Housing and Home Finance Agency (DAA-0207-2017-0003, 1 item, 1 temporary item). Plat plans of Oak Ridge, Tennessee, created for the sale of properties under the Atomic Energy Community Act of 1955. Duplicate set of plans maintained by National Archives at Atlanta within the Records of the Atomic Energy Commission, RG 326.
6. Department of the Treasury, Internal Revenue Service (DAA-0058-2017-0002, 1 item, 1 temporary item). Master file of an electronic information system used to track, monitor, and resolve irregularities in excise tax filings.
National Archives and Records Administration (NARA).
Notice of a request for comments regarding a new information collection.
We are proposing a new generic information collection request (generic ICR) entitled Generic Clearance for NARA Public and Education Program Registration. This notice announces that we have submitted this generic ICR plan to OMB for approval under the Paperwork Reduction Act and solicits comments on specific aspects of the collection plan. We will use this to collect information from individuals registering for an education or other programs at NARA.
We must receive written comments on or before April 9, 2018.
Written comments may be submitted to Mr. Nicholas A. Fraser, Desk Officer for NARA, Office of Management and Budget, New Executive Office Building, Washington, DC 20503; fax 202-395-5167; or electronically mailed to
To request additional information, please contact Tamee Fechhelm by telephone at 301-837-1694 or fax at 301-837-0319.
Pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104-13), we invite comments on: (a) Whether collecting this information is necessary for proper performance of the agency's functions, including whether the information will have practical utility; (b) the accuracy of our estimate of the information collection's burden on respondents; (c) ways to enhance the quality, utility, and clarity of the information we propose to collect; (d) ways to minimize the burden on respondents of collecting the information, including through the use of automated collection techniques or other forms of information technology; and (e) estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Burden means the total time, effort, or financial resources people need to provide the information, including time to review instructions, process and maintain the information, search data sources, and respond.
A generic ICR is a request for OMB to approve a plan for conducting more than one information collection using very similar methods when (1) we can evaluate the need for and the overall practical utility of the data in advance, as part of the review of the proposed plan, but (2) we cannot determine the details of the specific individual collections until a later time. Most generic clearances cover collections that are voluntary, low-burden (based on a consideration of total burden, total respondents, or burden per respondent), and uncontroversial. This notice, for example, describes a general plan to gather registration information from members of the public who wish to participate in programs at NARA, through a series of registration forms used for a variety of current and future education programs at different facilities. As part of this plan, we construct, distribute, and use the registration forms in a similar manner, but customize each one for the type and location of the program involved.
Because we seek public comment on the plan, we do not need to seek public comment on each specific information collection that falls within the plan when we later develop the individual information collection. This saves the Government time and burden, and it streamlines our ability to gather registration information so we can provide more responsive programs. However, we still submit each specific information collection (
The Agency received one comment in response to the 60-day notice published in the
• The collection is voluntary;
• The collection is low-burden for respondents (based on considerations of total burden hours, total number of respondents, or burden-hours per respondent) and is low-cost for both the respondents and the Federal Government;
• The collection is non-controversial and does not raise issues of concern to other Federal agencies;
• Personally identifiable information (PII) is collected only to the extent necessary and is retained only for the period of time required by NARA records schedules;
• Information gathered will be used only internally for program management purposes and is not intended for release outside of the agency;
• Information gathered will not be used for the purpose of substantially informing influential policy decisions; and
• Information gathered will yield qualitative information; the collections will not be designed or expected to yield statistically reliable results or used as though the results are generalizable to the population of study.
As a general matter, information collections under this generic collection request will not result in any new system of records containing privacy information and will not ask questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. In this notice, NARA solicits comments concerning the following information collection:
National Capital Planning Commission.
Notice of 60-day public comment period and public meetings.
The National Capital Planning Commission (NCPC) has released a draft of the Parks and Open Space Element (Element) of the Comprehensive Plan for the National Capital: Federal Elements for public review. The Element articulates policies that protect and enhance the National Capital Region's parks and open space system while providing recreational, ecological, social, and educational benefits for visitors, residents, workers, and future generations. The draft is available online for review at
Written public comments on the draft may be submitted by either method:
1.
2.
Surina Singh at (202) 482-7233 or
40 U.S.C. 8721(e)(2).
In accordance with the Federal Advisory Committee Act (Pub. L. 92-463, as amended), the National Science Foundation (NSF) announces its intent to hold proposal review meetings throughout the year. The purpose of these meetings is to provide advice and recommendations concerning proposals submitted to the NSF for financial support. The agenda for each of these meetings is to review and evaluate proposals as part of the selection process for awards. The review and evaluation may also include assessment of the progress of awarded proposals. These meetings will primarily take place at NSF's headquarters, 2415 Eisenhower Avenue, Alexandria, VA 22314.
These meetings will be closed to the public. The proposals being reviewed include information of a proprietary or confidential nature, including technical
These closed proposal review meetings will not be announced on an individual basis in the
In accordance with the Federal Advisory Committee Act (Pub. L. 92-463, as amended), the National Science Foundation (NSF) announces the following meeting:
Please contact Rachel Evans at
Nuclear Regulatory Commission.
License amendment application; opportunity to request a hearing and to petition for leave to intervene.
The U.S. Nuclear Regulatory Commission (NRC) has received an application from Rio Algom, LLC, Ambrosia Lake facility for amendment of Materials License SUA-1473, which authorizes the burial of contaminated waste materials resulting from previous onsite milling operations into designated onsite disposal areas. The amendment would allow the release of the Section 4, Ponds at the Ambrosia Lake facility for unconditional use and update the license accordingly.
A request for a hearing or petition for leave to intervene must be filed by May 7, 2018.
Please refer to Docket ID NRC-2018-0042 when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this document using any of the following methods:
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Varughese Kurian, Office of Nuclear Material Safety and Safeguards (NMSS), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-7426, email:
The NRC has received, by letter dated November 8, 2017, an application from Rio Algom, LLC, to amend its license (ADAMS Accession No. ML17340A482). Rio Algom, LLC, is requesting approval to release the Section 4 Ponds at the Ambrosia Lake facility for unconditional use and to amend the license amendment 61 accordingly. Included with the request is the report, “Final Radiological Condition and Dose Assessment for the Section 4 Ponds.” This report includes an evaluation of potential doses to a resident rancher and an industrial worker from residual radioactive material in the Section 4 Pond area and whether this dose is below the radium benchmark dose contained in the most recently approved Soil Decommissioning Plan (ADAMS Accession No. ML061320449; 2006). An updated Soil Decommissioning Plan (ADAMS Accession No. ML17340A486; 2017), that incorporates all of the changes proposed is also included with the request.
An NRC acceptance review found the application provides sufficient information to begin the detailed technical review (ADAMS Accession No. ML18004B560). Prior to approving license amendment request and the updated Soil Decommissioning Plan, the NRC will need to make the findings required by the Atomic Energy Act of 1954, as amended (the Act), and the
Within 60 days after the date of publication of this notice, any persons (petitioner) whose interest may be affected by this action may file a request for a hearing and petition for leave to intervene (petition) with respect to the action. Petitions shall be filed in accordance with the Commission's “Agency Rules of Practice and Procedure” in 10 CFR part 2. Interested persons should consult a current copy of 10 CFR 2.309. The NRC's regulations are accessible electronically from the NRC Library on the NRC's website at
As required by 10 CFR 2.309(d) the petition should specifically explain the reasons why intervention should be permitted with particular reference to the following general requirements for standing: (1) The name, address, and telephone number of the petitioner; (2) the nature of the petitioner's right under the Act to be made a party to the proceeding; (3) the nature and extent of the petitioner's property, financial, or other interest in the proceeding; and (4) the possible effect of any decision or order which may be entered in the proceeding on the petitioner's interest.
In accordance with 10 CFR 2.309(f), the petition must also set forth the specific contentions which the petitioner seeks to have litigated in the proceeding. Each contention must consist of a specific statement of the issue of law or fact to be raised or controverted. In addition, the petitioner must provide a brief explanation of the bases for the contention and a concise statement of the alleged facts or expert opinion which support the contention and on which the petitioner intends to rely in proving the contention at the hearing. The petitioner must also provide references to the specific sources and documents on which the petitioner intends to rely to support its position on the issue. The petition must include sufficient information to show that a genuine dispute exists with the applicant or licensee on a material issue of law or fact. Contentions must be limited to matters within the scope of the proceeding. The contention must be one which, if proven, would entitle the petitioner to relief. A petitioner who fails to satisfy the requirements at 10 CFR 2.309(f) with respect to at least one contention will not be permitted to participate as a party.
Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene. Parties have the opportunity to participate fully in the conduct of the hearing with respect to resolution of that party's admitted contentions, including the opportunity to present evidence, consistent with the NRC's regulations, policies, and procedures.
Petitions must be filed no later than 60 days from the date of publication of this notice. Petitions and motions for leave to file new or amended contentions that are filed after the deadline will not be entertained absent a determination by the presiding officer that the filing demonstrates good cause by satisfying the three factors in 10 CFR 2.309(c)(1)(i) through (iii). The petition must be filed in accordance with the filing instructions in the “Electronic Submissions (E-Filing)” section of this document.
A State, local governmental body, Federally-recognized Indian Tribe, or agency thereof, may submit a petition to the Commission to participate as a party under 10 CFR 2.309(h)(1). The petition should state the nature and extent of the petitioner's interest in the proceeding. The petition should be submitted to the Commission no later than 60 days from the date of publication of this notice. The petition must be filed in accordance with the filing instructions in the “Electronic Submissions (E-Filing)” section of this document, and should meet the requirements for petitions set forth in this section. Alternatively, a State, local governmental body, Federally-recognized Indian Tribe, or agency thereof may participate as a non-party under 10 CFR 2.315(c).
If a hearing is granted, any person who is not a party to the proceeding and is not affiliated with or represented by a party may, at the discretion of the presiding officer, be permitted to make a limited appearance pursuant to the provisions of 10 CFR 2.315(a). A person making a limited appearance may make an oral or written statement of his or her position on the issues but may not otherwise participate in the proceeding. A limited appearance may be made at any session of the hearing or at any prehearing conference, subject to the limits and conditions as may be imposed by the presiding officer. Details regarding the opportunity to make a limited appearance will be provided by the presiding officer if such sessions are scheduled.
All documents filed in NRC adjudicatory proceedings, including a request for hearing and petition for leave to intervene (petition), any motion or other document filed in the proceeding prior to the submission of a request for hearing or petition to intervene, and documents filed by interested governmental entities that request to participate under 10 CFR 2.315(c), must be filed in accordance with the NRC's E-Filing rule (72 FR 49139; August 28, 2007, as amended at 77 FR 46562, August 3, 2012). The E-Filing process requires participants to submit and serve all adjudicatory documents over the internet, or in some cases to mail copies on electronic storage media. Detailed guidance on making electronic submissions may be found in the Guidance for Electronic Submissions to the NRC and on the NRC website at
To comply with the procedural requirements of E-Filing, at least 10 days prior to the filing deadline, the participant should contact the Office of the Secretary by email at
Information about applying for a digital ID certificate is available on the NRC's public website at
A person filing electronically using the NRC's adjudicatory E-Filing system may seek assistance by contacting the NRC's Electronic Filing Help Desk through the “Contact Us” link located on the NRC's public website at
Participants who believe that they have a good cause for not submitting documents electronically must file an exemption request, in accordance with 10 CFR 2.302(g), with their initial paper filing stating why there is good cause for not filing electronically and requesting authorization to continue to submit documents in paper format. Such filings must be submitted by: (1) First class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff; or (2) courier, express mail, or expedited delivery service to the Office of the Secretary, 11555 Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and Adjudications Staff. Participants filing adjudicatory documents in this manner are responsible for serving the document on all other participants. Filing is considered complete by first-class mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. A presiding officer, having granted an exemption request from using E-Filing, may require a participant or party to use E-Filing if the presiding officer subsequently determines that the reason for granting the exemption from use of E-Filing no longer exists.
Documents submitted in adjudicatory proceedings will appear in the NRC's electronic hearing docket which is available to the public at
For the Nuclear Regulatory Commission.
Nuclear Regulatory Commission.
Application for indirect transfer of license; opportunity to comment, request a hearing, and petition for leave to intervene.
The U.S. Nuclear Regulatory Commission (NRC) received and is considering approval of an indirect license transfer application filed by the South Carolina Electric & Gas Company (SCE&G) and Dominion Energy, Inc. (Dominion Energy) on January 25, 2018. The application seeks NRC approval of the indirect transfer of Operating License No. NPF-12 and Combined License Nos. NPF-93 and NPF-94 for Virgil C. Summer Nuclear Station (Summer), Units 1, 2, and 3, and the general license for the Independent Spent Fuel Storage Installation (ISFSI), currently held by SCE&G. The indirect license transfer would result from the
Comments must be filed by April 9, 2018. A request for a hearing must be filed by March 28, 2018.
You may submit comments by any of the following methods (unless this document describes a different method for submitting comments on a specific subject):
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For additional direction on obtaining information and submitting comments, see “Obtaining Information and Submitting Comments” in the
Shawn A. Williams, Office of Nuclear Reactor Regulation, telephone: 301-415-1009, email:
Please refer to Docket ID NRC-2018-0043 when contacting the NRC about the availability of information for this action. You may obtain publicly-available information related to this action by any of the following methods:
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Please include Docket ID NRC-2018-0043 in your comment submission.
The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC will post all comment submissions at
If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment submissions into ADAMS.
The NRC is considering the issuance of an order under § 50.80 of title 10 of the
According to the application filed by SCE&G and Dominion Energy, the indirect license transfer would result from the proposed merger transaction involving Dominion Energy and SCANA, the parent company of SCE&G. SCE&G will continue to operate Summer, Unit 1 and the ISFSI. Summer Unit 2 and 3 are non-operating partially constructed facilities with all construction activities ceased.
No physical changes or operational changes are being proposed in the application.
The NRC's regulations at 10 CFR 50.80 state that no license, or any right thereunder, shall be transferred, directly or indirectly, through transfer of control of the license, unless the Commission gives its consent in writing. The Commission will approve an application for the indirect transfer of a license if the Commission determines that the proposed merger will not affect the qualifications of the licensee to hold the license and that the transfer is otherwise consistent with applicable provisions of law, regulations, and orders issued by the Commission.
Within 30 days from the date of publication of this notice, persons may submit written comments regarding the license transfer application, as provided for in 10 CFR 2.1305. The Commission will consider and respond, if appropriate, to these comments, but such comments will not otherwise constitute part of the decisional record. Comments should be submitted as described in the
Within 20 days after the date of publication of this notice, any persons (petitioner) whose interest may be affected by this action may file a request for a hearing and petition for leave to intervene (petition) with respect to the action. Petitions shall be filed in accordance with the Commission's “Agency Rules of Practice and Procedure” in 10 CFR part 2. Interested persons should consult a current copy of 10 CFR 2.309. The NRC's regulations are accessible electronically from the NRC Library on the NRC's website at
As required by 10 CFR 2.309(d), the petition should specifically explain the reasons why intervention should be permitted with particular reference to the following general requirements for
In accordance with 10 CFR 2.309(f), the petition must also set forth the specific contentions which the petitioner seeks to have litigated in the proceeding. Each contention must consist of a specific statement of the issue of law or fact to be raised or controverted. In addition, the petitioner must provide a brief explanation of the bases for the contention and a concise statement of the alleged facts or expert opinion which support the contention and on which the petitioner intends to rely in proving the contention at the hearing. The petitioner must also provide references to those specific sources and documents of which the petitioner intends to rely to support its position on the issue. The petition must include sufficient information to show that a genuine dispute exists with the applicant on a material issue of law or fact. Contentions must be limited to matters within the scope of the proceeding. The contention must be one which, if proven, would entitle the petitioner to relief. A petitioner who fails to satisfy the requirements at 10 CFR 2.309(f) with respect to at least one contention will not be permitted to participate as a party.
Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene. Parties have the opportunity to participate fully in the conduct of the hearing with respect to resolution of that party's admitted contentions, including the opportunity to present evidence, consistent with the NRC's regulations, policies, and procedures.
Petitions must be filed no later than 20 days from the date of publication of this notice. Petitions and motions for leave to file new or amended contentions that are filed after the deadline will not be entertained absent a determination by the presiding officer that the filing demonstrates good cause by satisfying the three factors in 10 CFR 2.309(c)(1)(i) through (iii). The petition must be filed in accordance with the filing instructions in the “Electronic Submissions (E-Filing)” section of this document.
A State, local governmental body, Federally-recognized Indian Tribe, or agency thereof, may submit a petition to the Commission to participate as a party under 10 CFR 2.309(h)(1). The petition should state the nature and extent of the petitioner's interest in the proceeding. The petition should be submitted to the Commission no later than 20 days from the date of publication of this notice. The petition must be filed in accordance with the filing instructions in the “Electronic Submissions (E-Filing)” section of this document, and should meet the requirements for petitions set forth in this section, except that under 10 CFR 2.309(h)(2) a State, local governmental body, or Federally-recognized Indian Tribe, or agency thereof does not need to address the standing requirements in 10 CFR 2.309(d) if the facility is located within its boundaries. Alternatively, a State, local governmental body, Federally-recognized Indian Tribe, or agency thereof may participate as a non-party under 10 CFR 2.315(c).
If a hearing is granted, any person who is not a party to the proceeding and is not affiliated with or represented by a party may, at the discretion of the presiding officer, be permitted to make a limited appearance pursuant to the provisions of 10 CFR 2.315(a). A person making a limited appearance may make an oral or written statement of his or her position on the issues, but may not otherwise participate in the proceeding. A limited appearance may be made at any session of the hearing or at any prehearing conference, subject to the limits and conditions as may be imposed by the presiding officer. Details regarding the opportunity to make a limited appearance will be provided by the presiding officer if such sessions are scheduled.
All documents filed in NRC adjudicatory proceedings, including a request for hearing and petition for leave to intervene (petition), any motion or other document filed in the proceeding prior to the submission of a request for hearing or petition, and documents filed by interested governmental entities that request to participate under 10 CFR 2.315(c), must be filed in accordance with the NRC's E-Filing rule (72 FR 49139; August 28, 2007, as amended at 77 FR 46562, August 3, 2012). The E-Filing process requires participants to submit and serve all adjudicatory documents over the internet, or in some cases to mail copies on electronic storage media. Detailed guidance on making electronic submissions may be found in the Guidance for Electronic Submissions to the NRC and on the NRC website at
To comply with the procedural requirements of E-Filing, at least 10 days prior to the filing deadline, the participant should contact the Office of the Secretary by email at
Information about applying for a digital ID certificate is available on the NRC's public website at
A person filing electronically using the NRC's adjudicatory E-Filing system may seek assistance by contacting the NRC Electronic Filing Help Desk through the “Contact Us” link located on the NRC's public website at
Participants who believe that they have a good cause for not submitting documents electronically must file an exemption request, in accordance with 10 CFR 2.302(g), with their initial paper filing stating why there is good cause for not filing electronically and requesting authorization to continue to submit documents in paper format. Such filings must be submitted by: (1) First class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff; or (2) courier, express mail, or expedited delivery service to the Office of the Secretary, 11555 Rockville Pike, Rockville, Maryland, 20852, Attention: Rulemaking and Adjudications Staff. Participants filing adjudicatory documents in this manner are responsible for serving the document on all other participants. Filing is considered complete by first-class mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. A presiding officer, having granted an exemption request from using E-Filing, may require a participant or party to use E-Filing if the presiding officer subsequently determines that the reason for granting the exemption from use of E-Filing no longer exists.
Documents submitted in adjudicatory proceedings will appear in the NRC's electronic hearing docket which is available to the public at
The Commission will issue a notice or order granting or denying a hearing request or intervention petition, designating the issues for any hearing that will be held and designating the Presiding Officer. A notice granting a hearing will be published in the
For further details with respect to this application, see the application dated January 25, 2018 (ADAMS Accession No. ML18025C035).
For the Nuclear Regulatory Commission.
Weeks of February 19, 26, March 5, 12, 19, 26, 2018.
Commissioners' Conference Room, 11555 Rockville Pike, Rockville, Maryland.
Public and Closed.
There are no meetings scheduled for the week of February 19, 2018.
There are no meetings scheduled for the week of February 26, 2018.
This meeting will be webcast live at the Web address—
There are no meetings scheduled for the week of March 12, 2018.
There are no meetings scheduled for the week of March 19, 2018.
There are no meetings scheduled for the week of March 26, 2018.
The schedule for Commission meetings is subject to change on short notice. For more information or to verify the status of meetings, contact Denise McGovern at 301-415-0681 or via email at
The NRC Commission Meeting Schedule can be found on the internet at:
The NRC provides reasonable accommodation to individuals with disabilities where appropriate. If you need a reasonable accommodation to participate in these public meetings, or need this meeting notice or the transcript or other information from the public meetings in another format (
Members of the public may request to receive this information electronically. If you would like to be added to the distribution, please contact the Nuclear Regulatory Commission, Office of the Secretary, Washington, DC 20555 (301-415-1969), or email
Overseas Private Investment Corporation (OPIC).
Notice and request for comments.
Under the provisions of the Paperwork Reduction Act, agencies are required to publish a Notice in the
Comments must be received within sixty (60) calendar days of publication of this Notice.
Mail all comments and requests for copies of the subject form to OPIC's Agency Submitting Officer: James Bobbitt, Overseas Private Investment Corporation, 1100 New York Avenue NW, Washington, DC 20527. See
OPIC Agency Submitting Officer: James Bobbitt, (202) 336-8558.
All mailed comments and requests for copies of the subject form should include form number OPIC-52 on both the envelope and in the subject line of the letter. Electronic comments and requests for copies of the subject form may be sent to
Overseas Private Investment Corporation (OPIC).
Notice and request for comments.
Under the provisions of the Paperwork Reduction Act, agencies are required to publish a Notice in the
Comments must be received within sixty (60) calendar days of publication of this Notice.
Mail all comments and requests for copies of the subject form to OPIC's Agency Submitting Officer: James Bobbitt, Overseas Private Investment Corporation, 1100 New York Avenue NW, Washington, DC 20527. See
OPIC Agency Submitting Officer: James Bobbitt, (202)336-8558.
All mailed comments and requests for copies of the subject form should include form number OPIC-50 on both the envelope and in the subject line of the letter. Electronic comments and requests for copies of the subject form may be sent to
Small Business Administration.
30-Day notice.
The Small Business Administration (SBA) is publishing this notice to comply with requirements of the Paperwork Reduction Act (PRA), which requires agencies to submit proposed reporting and recordkeeping requirements to OMB for review and approval, and to publish a notice in the
Submit comments on or before April 9, 2018.
Comments should refer to the information collection by name and/or OMB Control Number and should be sent to:
Curtis Rich, Agency Clearance Officer, (202) 205-7030
Applicants for SBA-guaranteed commitment must complete these forms as part of the application process. SBA uses the information to make informed and proper credit decisions and to establish the SBIC's eligibility for leverage and need for funds.
Social Security Administration (SSA).
Notice of a new matching program.
In accordance with the provisions of the Privacy Act, as amended, this notice announces a new matching program with the Internal Revenue Service (IRS). Under this matching program, IRS will provide SSA certain return information for administration of Title XVI Supplemental Security Income (SSI) benefits.
The deadline to submit comments on the proposed matching program is 30 days from the date of publication in the
Interested parties may comment on this notice by either telefaxing to (410) 966-0869, writing to Mary Ann Zimmerman, Acting Executive Director, Office of Privacy and Disclosure, Office of the General Counsel, Social Security Administration, 617 Altmeyer Building, 6401 Security Boulevard, Baltimore, MD 21235-6401, or emailing at
Interested parties may submit general questions about the matching program to Mary Ann Zimmerman, Acting Executive Director, Office of Privacy and Disclosure, Office of the General Counsel, by any of the means shown above.
None.
SSA and IRS.
The legal authority for this matching agreement between IRS and SSA is executed pursuant to the Privacy Act of 1974, (5 U.S.C. 552a), as amended by the Computer Matching and Privacy Protection Act of 1988, and otherwise; and the Office of Management and Budget (OMB) Final Guidance interpreting those Acts.
Public Law 98-369, Deficit Reduction Act of 1984, requires agencies administering certain federally-assisted benefit programs to use certain information to ensure proper distribution of benefit payments (98 Stat. 494).
6103(l)(7) of the Internal Revenue Code (IRC) (26 U.S.C. 6103(l)(7)) authorizes IRS to disclose return information with respect to unearned income to Federal, State and local agencies administering certain federally-assisted benefit programs under the Act.
1631(e)(1)(B) of the Act (42 U.S.C. 1383(e)(1)(B)) requires verification of Supplemental Security Income (SSI) eligibility and benefit amounts with independent or collateral sources. This section of the Act provides that the “Commissioner of Social Security shall, as may be necessary, request and utilize information available pursuant to 6103(l)(7) of the Internal Revenue Code of 1986” for purposes of federally-administered supplementary payments of the type described in 1616(a) of the Act (including payments pursuant to an agreement entered into under 212(a) of Pub. L. 93-66).
The legal authority for the disclosure of SSA data under this agreement is 1106 of the Act (42 U.S.C. 1306), (b)(3) of the Privacy Act (5 U.S.C. 552a(b)(3)), and the regulations and guidance promulgated under these provisions.
The purpose of this matching program is to set forth the conditions under which IRS agrees under the authority of 26 U.S.C 6103(1)(7) to disclose to SSA certain return information for use in verifying eligibility for, and the correct amount of, benefits provided under Title XVI of the Act to qualified aged, blind, and disabled individuals; and federally-administered supplementary payments as described in 1616(a) of the Act (including payments pursuant to an agreement entered into under 212(a) of Public Law (Pub. L.) 93-66 (87 Stat. 152)). 42 U.S.C. 1382 note.
The individuals whose information is involved in this matching program are defined specifically as the aged, blind, or disabled individuals who are applicants for, or recipients of, SSI benefits of Federally-administered State supplementary payments, or both.
SSA will furnish IRS with the Social Security number (SSN) and Name Control (first four characters of the surname) for each individual for whom unearned income information is being requested in accordance with the current IRS Publication 3373,
When there is a match of an individual identifier, IRS will disclose to SSA the following:
Payee Account Number,
Payee Name and Mailing Address,
Payee Taxpayer Identification Number (TIN),
Payer Name and Address,
Payer TIN, and
Income Type and Amount.
SSA will provide IRS with identifying information (described above) with respect to applicants for and recipients of Title XVI benefits from the Supplemental Security Income Record and Special Veterans Benefit (SSR), 60-0103, last fully published at 71 FR 1830 (January 11, 2006) and amended at 72 FR 69723 (December 10, 2007).
SSA will disclose certain information to IRS for aged, blind, or disabled individuals who are applicants for, or recipients of, SSI benefits or federally-administered State supplementary payments, or both. IRS will match SSA's information with its Information Return Master File (IRMF) and disclose to SSA return information with respect to unearned income of applicants or recipients identified by SSA. The information IRS discloses to SSA is limited to unearned income reported on information returns.
IRS will extract return information with respect to unearned income from the IRMF, [Treasury/IRS 22.061], as published at 80 FR 54081-082 (September 8, 2015), through the DIFSLA program.
Notice is hereby given of the following determinations: I hereby determine that certain objects to be included in the exhibition “The Power of Gold: Asante Royal Regalia from Ghana,” imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to a loan agreement with the foreign owner or custodian. I also determine that the exhibition or display of the exhibit objects at the Dallas Museum of Art, Dallas, Texas, from on or about April 15, 2018, until on or about August 12, 2018, and at possible additional exhibitions or venues yet to be determined, is in the national interest.
Elliot Chiu in the Office of the Legal Adviser, U.S. Department of State (telephone: 202-632-6471; email:
The foregoing determinations were made pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), E.O. 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681,
The Department of State will conduct an open meeting at 9 a.m. on April 2, 2018, in room 6i10-01-b of the Douglas A. Munro Coast Guard Headquarters Building at St. Elizabeth's, 2703 Martin Luther King Jr. Avenue SE, Washington, DC 20593-7509. The primary purpose of the meeting is to prepare for the 72nd session of the International Maritime Organization's (IMO) Marine Environment Protection Committee to be held at the IMO Headquarters, United Kingdom, April 9-13, 2018.
The agenda items to be considered include:
Members of the public may attend this meeting up to the seating capacity of the room. Upon request to the meeting coordinator, members of the public may also participate via teleconference, up to the capacity of the teleconference phone line. To access the teleconference line, participants should call (202) 475-4000 and use Participant Code: 887 809 72. To facilitate the building security process, and to request reasonable accommodation, those who plan to attend should contact the meeting coordinator, LCDR Staci Weist, by email at
Federal Aviation Administration (FAA), DOT.
Notice of request to release airport property.
The FAA proposes to rule and invite public comment on the release of land at the Arapahoe County Public Airport, Englewood, CO.
Comments must be received on or before April 9, 2018.
Comments on this application may be mailed or delivered to the FAA at the following address: Mr. John P. Bauer, Manager, Federal Aviation Administration, Northwest Mountain Region, Airports Division, Denver Airports District Office, 26805 E 68th Avenue, Suite 224, Denver, CO 80249-6361.
In addition, one copy of any comments submitted to the FAA must be mailed or delivered to Mr. Robert Olislagers, Arapahoe County Public Airport, Englewood, CO, at the following address:
Mr. Robert Olislagers, Chief Executive Officer, Arapahoe County Public Airport, 7800 South Peoria Street, Unit G1, Englewood, CO 80112
Mr. Marc Miller, Colorado Engineer/Compliance Specialist, Federal Aviation Administration, Northwest Mountain Region, Denver Airports District Office, 26805 E 68th Avenue, Suite 224, Denver, CO 80249-6361.
The request to release property may be reviewed, by appointment, in person at this same location.
The FAA invites public comment on the request to release property at the Arapahoe County Public Airport under the provisions of the AIR 21 (49 U.S.C. 47107(h)(2)).
On February 27, 2018, the FAA determined that the request to release property at the Arapahoe County Public Airport submitted by the Arapahoe County Public Airport meets the procedural requirements of the Federal Aviation Administration.
The following is a brief overview of the request:
The Arapahoe County Public Airport is proposing the release from the terms, conditions, reservations, and restrictions on approximately 27.766 acres of federally obligated land at the Arapahoe County Public Airport. This land was originally purchased in 2007 as part of a larger deal to obtain a restrictive covenant over several tracts of developable land near the airport that were slated for residential use. The 27.766 acres being proposed for release was never intended for aeronautical development and has been advertised for lease since the original purchase without any success. However, several buyers have approached the airport with interest in purchasing the land for compatible uses. The property will be sold at fair market value and the sponsor will reinvest the revenue into the airport. The property release conveyance will include appropriate continuing right of flight and continuing restriction clauses that will prohibit any activity on the land that would interfere with or be a hazard to the flight of aircraft over the land or to and from the airport, or that interferes with air navigation and communications facilities serving the airport.
Any person may inspect, by appointment, the request in person at the FAA office listed above under
In addition, any person may, upon appointment and request, inspect the application, notice and other documents germane to the application in person at the Arapahoe County Public Airport.
Federal Aviation Administration (FAA), DOT.
Notice of intent to rule on request to release airport property at Iowa City Municipal Airport, Iowa City, Iowa.
The FAA proposes to rule and invites public comment on the release of land at Iowa City Municipal Airport, Iowa City, Iowa.
Comments must be received on or before April 9, 2018.
Comments on this application may be mailed or delivered to the FAA at the following address: Lynn D. Martin, Airports Compliance Specialist, Federal Aviation Administration, Airports Division, ACE-610C, 901 Locust Room 364, Kansas City, MO 64106.
In addition, one copy of any comments submitted to the FAA must be mailed or delivered to: Michael Tharp C.M., Airport Operations Specialist, 1801 S. Riverside Dr., Iowa City, IA 52246, (319) 356-5045, Ext 5.
Lynn D. Martin, Airports Compliance Specialist, Federal Aviation Administration, Airports Division, ACE-610C, 901 Locust Room 364, Kansas City, MO 64106, (816) 329-2644,
The FAA invites public comment on the request to release approximately 0.42
The following is a brief overview of the request:
Iowa City Municipal Airport (IOW) is proposing the release of airport property totaling 0.42 acres, more or less. This land is to be used for a parking lot for business employees. The release of land is necessary to comply with Federal Aviation Administration Grant Assurances that do not allow federally acquired airport property to be used for non-aviation purposes. The sale of the subject property will result in the land at Iowa City Municipal Airport (IOW) being changed from aeronautical to non-aeronautical use and release the lands from the conditions of the Airport Improvement Program Grant Agreement Grant Assurances. In accordance with 49 U.S.C. 47107(c)(2)(B)(i) and (iii), the airport will receive fair market value for the property, which will be subsequently reinvested in another eligible airport improvement project for general aviation facilities at Iowa City Municipal Airport.
Any person may inspect, by appointment, the request in person at the FAA office listed above under
Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT.
Notice.
This notice announces a public meeting of the Voluntary Information-sharing System (VIS) Working Group. The VIS Working Group will convene to discuss and identify recommendations to establish a voluntary information-sharing system.
The meeting will be held on April 5, 2018, from 8:30 a.m. to 5:00 p.m. ET. Members of the public who wish to attend in person should register no later than March 30, 2018. Individuals requiring accommodations, such as sign language interpretation or other ancillary aids, may notify PHMSA by March 30, 2018. For additional information, see the
The meeting will be held at a location yet to be determined in the Washington, DC Metropolitan area. The meeting location, agenda and any additional information will be published on the following VIS Working Group and registration page at:
The meetings will not be webcast; however, presentations will be available on the meeting website and posted on the E-Gov website,
Anyone can search the electronic form of all 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.). Therefore, consider reviewing DOT's complete Privacy Act Statement in the
If you wish to receive confirmation of receipt of your written comments, please include a self-addressed, stamped postcard with the following statement: “Comments on PHMSA-2016-0128.” The docket clerk will date stamp the postcard prior to returning it to you via the U.S. mail.
In accordance with 5 U.S.C. 553(c), the DOT solicits comments from the public to better inform its rulemaking process. The DOT posts these comments, without edit, including any personal information the commenter provides, to
For information about the meeting, contact Cheryl Whetsel by phone at 202-366-4431 or by email at
The VIS Working Group is an advisory committee established in accordance with Section 10 of the Protecting Our Infrastructure of Pipelines and Enhancing Safety Act of 2016 (Pub. L. 114-183), the Federal Advisory Committee Act of 1972 (5 U.S.C., App. 2, as amended), and 41 CFR 102-3.50(a).
The VIS Working Group agenda will include briefings on topics such as mandate requirements, integrity management, data types and tools, in-line inspection repair and other direct assessment methods, geographic information system implementation, subcommittee considerations, lessons learned, examples of existing information-sharing systems, safety management systems, and more. As part of its work, the committee will ultimately provide recommendations to the Secretary, as required and specifically outlined in Section 10 of Public Law 114-183, addressing:
(a) The need for, and the identification of, a system to ensure that dig verification data are shared with in-line inspection operators to the extent consistent with the need to maintain proprietary and security-sensitive data in a confidential manner to improve pipeline safety and inspection technology;
(b) Ways to encourage the exchange of pipeline inspection information and the development of advanced pipeline inspection technologies and enhanced risk analysis;
(c) Opportunities to share data, including dig verification data between operators of pipeline facilities and in-line inspector vendors to expand knowledge of the advantages and disadvantages of the different types of in-line inspection technology and methodologies;
(d) Options to create a secure system that protects proprietary data while encouraging the exchange of pipeline inspection information and the development of advanced pipeline inspection technologies and enhanced risk analysis;
(e) Means and best practices for the protection of safety and security-
(f) Regulatory, funding, and legal barriers to sharing the information described in paragraphs (a) through (d).
The Secretary will publish the VIS Working Group's recommendations on a publicly available DOT website and in the docket. The VIS Working Group will fulfill its purpose once its recommendations are published online.
PHMSA will publish the agenda on the PHMSA meeting page
(a) Nothing in Annex 1 shall be construed to make punishable any act done or omitted prior to the date of this order that was not punishable when done or omitted.
(b) Nothing in Annex 1 shall be construed to invalidate the prosecution of any offense committed before the date of this order. The maximum punishment for an offense committed before the date of this order shall not exceed the maximum punishment in effect at the time of the commission of such offense.
(c) Nothing in Annex 1 shall be construed to invalidate any nonjudicial punishment proceeding, restraint, investigation, referral of charges, trial in which arraignment occurred, or other action begun prior to the date of this order, and any such nonjudicial punishment proceeding, restraint, investigation, referral of charges, trial in which arraignment occurred, or other action shall proceed in the same manner and with the same effect as if the amendments in Annex 1 had not been prescribed.
(b) Nothing in the MJA shall be construed to make punishable any act done or omitted prior to January 1, 2019, that was not punishable when done or omitted.
(c) Nothing in title LX of the MJA shall be construed to invalidate the prosecution of any offense committed before January 1, 2019. The maximum punishment for an offense committed before January 1, 2019, shall not exceed the maximum punishment in effect at the time of the commission of such offense.
(d) Nothing in the MJA shall be construed to invalidate any nonjudicial punishment proceeding, restraint, investigation, referral of charges, trial in which arraignment occurred, or other action begun prior to January 1, 2019. Except as otherwise provided in this order, the MJA shall not apply in any case in which charges are referred to trial by court-martial before January 1, 2019. Except as otherwise provided in this order, proceedings in any such case shall be held in the same manner and with the same effect as if the MJA had not been enacted.
(a) Nothing in Annex 2 shall be construed to make punishable any act done or omitted prior to January 1, 2019, that was not punishable when done or omitted.
(b) Nothing in section 4 of Annex 2 shall be construed to invalidate the prosecution of any offense committed before January 1, 2019. The maximum punishment for an offense committed before January 1, 2019, shall not exceed the maximum punishment in effect at the time of the commission of such offense.
(c) Nothing in Annex 2 shall be construed to invalidate any nonjudicial punishment proceeding, restraint, investigation, referral of charges, trial in which arraignment occurred, or other action begun prior to January 1, 2019. Except as otherwise provided in this order, the amendments in Annex 2 shall not apply in any case in which charges are referred to trial by court-martial before January 1, 2019. Except as otherwise provided in this order, proceedings in any such case shall be held in the same manner and with the same effect as if such amendments had not been prescribed.
(b) If the accused is found guilty of a specification alleging the commission of one or more offenses before January 1, 2019, Article 60 of the UCMJ, as in effect on the date of the earliest offense of which the accused was found guilty, shall apply to the convening authority, in addition to the suspending authority in Article 60a(c) as enacted by the MJA, to the extent that Article 60:
(a) made by Articles 16(c)(2), 19(b), 25(d)(2) and (3), 39(a)(4), 53, 53a, or 56(c) of the UCMJ, as enacted by sections 5161, 5163, 5182, 5222, 5236, 5237, and 5301 of the MJA; or
(b) included in Annex 2 in rules implementing those articles, applies only to cases in which all specifications allege offenses committed on or after January 1, 2019.
Category | Regulatory Information | |
Collection | Federal Register | |
sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
Publisher | Office of the Federal Register, National Archives and Records Administration |