[Federal Register: September 15, 2009 (Volume 74, Number 177)]
[Rules and Regulations]
[Page 47108-47112]
[DOCID:fr15se09-11]

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ENVIRONMENTAL PROTECTION AGENCY

48 CFR Parts 1545 and 1552

[EPA EPA-HQ-OARM-2008-0817; FRL-8956-4]
RIN 2030-AA98

EPAAR Prescription and Clauses--Government Property--Contract
Property Administration

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) amends the EPA
Acquisition Regulation (EPAAR) to update policy, procedures, and
contract clauses. The final rule consolidates the EPAAR physical
property clauses (Decontamination, Fabrication, and Government
Property), re-designates the prescription number in the data clause,
and updates the roles and responsibilities of the contractor, DCMA and
CPC.

DATES: This final rule is effective September 15, 2009.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OARM-2008-0817. All documents in the docket are listed on
the http://www.regulations.gov Web site. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically through
http://www.regulations.gov or in hard copy at the OEI Docket. This
Docket Facility is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The Docket telephone number is (202)
566-1752. OEI Docket, EPA/DC, EPA West, Public Reading Room 3334, 1301
Constitution Ave., NW., Washington, DC 20004. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The telephone number for the Public Reading Room is
(202) 566-1744, and the telephone number for the EPA docket is (202)
566-1752.

FOR FURTHER INFORMATION CONTACT: Iris Redmon, Acquisition Policy and
Training Service Center (3802R) Environmental Protection Agency, 1200
Pennsylvania Avenue, NW., Washington, DC 20460; telephone number: (202)
564-2644; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does This Action Apply to Me?

    Entities potentially affected by this action include firms that are
performing or will perform under contract for the EPA which have or
have the potential for the use of government property. This includes
firms in all industry groups.

II. Background

    The Federal Acquisition Regulation (FAR) on Government Property was
revised June 14, 2007. The FAR Part 45 revision removed the previous
restriction on providing government property for contract performance,
and gave contracting officers more flexibility in their determination
to provide property. Accordingly, in order to assist EPA contracting
officers involved in providing Government Property and contract
property administration, it is necessary to amend the EPAAR to
incorporate guidance on their use.
    The EPAAR revision aligns Agency Government Property policy and
procedures with the FAR Part 45, Government Property revision, and
encourages contractors to use commercial standards for managing and
recording property.

III. Final Rule

    This rule amended the EPAAR to revise the prescription for and
wording of the government property clause(s). The revision: (1) Re-
designates the EPAAR prescription number 1545.106 as 1545.107 and
changes the prescription reference in 1552.245-71 Government Furnished
Data; (2) consolidates the information in 1552.245-73 Government
Property (GP) and 1552.245-72-Fabrication or Acquisition of
Nonexpendable Property with 1552.245-70 Decontamination; (3) changes
the name of 1552.245-70 from Decontamination to Government Property;
and (4) removes 1545.106 prescription, 1552.245-73 Government Property,
and 1552.245-72 Fabrication or Acquisition of Nonexpendable Property.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This final rule is not a significant regulatory action for the
purposes of Executive Order 12866; therefore, no review is required by
the Office of Information and Regulatory Affairs within the Office of
Management and Budget (OMB).

B. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because this rule does
not contain information requirements that require the approval of OMB
under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.).

C. Regulatory Flexibility Act (RFA), as Amended by the Small Business
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et
seq.

    The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute, unless the agency certifies that the rule will not have
a significant economic impact on a substantial number of small
entities. Small entities include small businesses, small organizations,
and small governmental jurisdictions.

    For purposes of assessing the impact of today's final rule on small
entities, ''small entity'' is defined as: (1) A small business that
meets the definition of a small business found in the Small Business
Act and codified at 13 CFR 121.201; (2) a small governmental
jurisdiction that is a government of a city, county, town, school
district or special district with a population of less than 50,000; or
(3) a small organization that is any not-for-profit enterprise which is
independently owned and operated, and is not dominant in its field.
    After considering the economic impacts of today's final rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. In
determining whether a rule has a significant economic impact on a
substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, because the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the final rule on small entities'' 5 U.S.C. 603 and
604. Thus, an agency may certify that a rule will not have a
significant economic impact on a substantial number of small entities
if the rule relieves regulatory burden, or otherwise has a positive
economic effect on all of the small entities subject to the rule. Since
providing government property will be available equally to large and
small entities, this rule will not have a significant economic impact
on small entities.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess
their regulatory actions on State, local, and Tribal governments, and
the private sector. This final rule does not contain a Federal mandate
that may result in expenditures of $100 million or more for State,
local, and Tribal governments, in the aggregate, or the private sector
in one year. Any private sector costs for this action relate to
paperwork requirements and associated expenditures that are far below
the level established for UMRA applicability. Thus, this final rule is
not subject to the requirements of sections 202 and 205 of the UMRA.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled, ``Federalism'' (64 FR 43255,
August 10, 1999), requires EPA to develop an accountable process to
ensure ``meaningful and timely input by State and local officials in
the development of regulatory policies that have federalism
implications.'' ``Policies that have federalism implications'' are
defined in the Executive Order to include regulations that have
``substantial direct effects 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.''
    Under section 6 of Executive Order 13132, EPA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal Government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or EPA
consults with State and local officials early in the process of
developing the final regulation. EPA also may not issue a regulation
that has federalism implications, and preempts State law, unless the
Agency consults with State and local officials early in the process of
developing the final regulation.
    This final rule does not have federalism implications. It will not
have substantial direct effects 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,
as specified in Executive Order 13132. This final rule would amend the
EPAAR to provide guidance on providing government property and make
other administrative changes. Thus, the requirements of section 6 of
the Executive Order do not apply to this final rule.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' ``Policies that have tribal
implications'' are defined in the Executive Order to include
regulations that have ``substantial direct effects on one or more
Indian tribes, on the relationship between the Federal Government and
the Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.''
    This final rule does not have tribal implications. It will not have
substantial direct effects on tribal governments, on the relationship
between the Federal Government and Indian tribes, or on the
distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified in Executive Order 13175.
Thus, Executive Order 13175 does not apply to this final rule.
    In the spirit of Executive Order 13175, and consistent with EPA
policy to promote communication between EPA and tribal governments, EPA
specifically solicits additional comment on this final rule from tribal
officials.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    Executive Order 13045, ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23,1997) applies to
any rule that: (1) Is determined to be economically significant as
defined under Executive Order 12866; and (2) concerns an environmental
health or safety risk that EPA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria the Agency must evaluate the environmental health or
safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
    This action is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997), because it is not economically significant as defined
in Executive Order 12866, and it does not involve decisions on
environmental health or safety risk.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use

    This final rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution or Use'' (66 FR 28335 (May 22, 2001)), because it is not a
significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act of 1995 (NTTAA)

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272
note), directs EPA to use voluntary consensus standards in its
regulatory activities, unless to do so would be inconsistent with
applicable law, or otherwise impractical. Voluntary consensus

standards are technical standards (e.g., materials specifications, test
methods, sampling procedures and business practices) that are developed
or adopted by voluntary consensus standards bodies. The NTTAA directs
EPA to provide Congress, through OMB, explanations when the Agency
decides not to use available and applicable voluntary consensus
standards.
    This final rule will use the voluntary standards and or/industry
leading practices and standards for Government property management
except where inconsistent with law or regulation, as stated in FAR
52.245-1(b).

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629 (Feb. 16, 1994) establishes
Federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental just part of their mission by
identifying and addressing, as appropriate, disproportionately high and
adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    EPA has determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. This rulemaking does not involve human health or
environmental affects.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, does not
apply because this action is not a rule, for purposes of 5 U.S.C.
804(3).
    This rulemaking does not involve technical standards. Therefore,
EPA is not considering the use of any voluntary consensus standards.

V. Response to Comments

    We received comments from one commenter during the official comment
period which ended July 23, 2009. Minor revisions to the final language
were made in response to the comments. The comments are summarized
below along with EPA's response.
    Comments. The commenter suggests revising paragraph (b) 2.b to: (1)
Remove the delegation language from the clause removal, as it may not
be appropriate to include delegation language in a clause; or (2) state
that EPA's delegation is contingent upon Defense Contract Management
Agency's (DCMA) acceptance. In addition, the commenter suggests
revising paragraph f.4. to clarify the requirements of both the gaining
and losing contractor during the property transfer process.
    Response. Partially concur. The delegation language was not removed
instead paragraph (b) 2.b was revised to state the Contract Property
Coordinator may request property management support from DCMA. If DCMA
agrees to provide support DCMA will notify the contractor of the
assigned property administrator and the property clearance officer.
Lastly, paragraph f.4. was revised to clarify that the shipping
contractor must provide the information and elements needed to
establish and maintain the property records.

List of Subjects in 48 CFR Parts 1545 and 1552

    Environmental protection, Government procurement.

    Dated: August 28, 2009.
John C. Gherardini III,
Acting Director, Office of Acquisition Management.

0
For the reasons set forth in the preamble, Chapter 15 of title 48 Code
of Federal Regulations parts 1545 and 1552 are amended as follows:

PART 1545--GOVERNMENT PROPERTY

0
1. The authority citation for part 1545 continues to read as follows:

    Authority:  Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).

Subpart 1545.1--General

0
2. Redesignate section 1545.106 as 1545.107, and revise the newly re-
designated section to read as follows:

1545.107   Government property clauses.

    (a) The Contracting Officer shall insert the contract clause at
1552.245-70:
    (1) When it is anticipated that a Contractor will use Government-
furnished or Contractor-acquired property in the cleanup of hazardous
material as defined in Federal Standard No. 313, or, the toxic
chemicals listed 40 CFR 372.65, in the environment.
    (2) In all cost-type solicitations and contracts regardless of
whether Government Property is initially provided, and in all fixed-
price solicitations and contracts whenever Government furnished
property is provided.
    (b) The Contracting Officer shall insert the contract clause at
1552.245-71, Government-Furnished Data, in any contract in which the
Government is to furnish data to the Contractor. The data to be
provided shall be identified in the clause.

PART 1552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
3. The authority citation for part 1552 continues to read as follows:

    Authority: 5 U.S.C. 301; Sec. 205(c), 63 Stat. 390, as amended,
40 U.S.C. 486(c); and 41 U.S.C. 418b.

Subpart 1552.2--Texts of Provisions and Clauses

0
4. Revise section 1552.245-70 to read as follows:

1552.245-70  Government property.

    As prescribed in 1545.107(a), insert a clause substantially the
same as follows:

Government Property

    (a) The contractor shall not fabricate or acquire, on behalf of
the Government, either directly or indirectly through a subcontract,
any item of property without prior written approval from the
Contracting Officer. If the Contracting Officer authorizes the
contractor to acquire and/or fabricate equipment for use in the
performance of this contract, the equipment shall be subject to the
provisions of the ``Government Property'' clause and listed on the
contract via contract modification.
    (b) If the Government provides item(s) of Government property to
the contractor for use in the performance of this contract, this
property shall be used and maintained by the contractor in
accordance with the provisions of the ``Government Property''
clause.
    The ``EPA Contract Property Administration Requirements''
provided below apply to this contract.

U.S. Environmental Protection Agency

Contract Property Administration Requirements

    1. Purpose. This document sets forth the requirements for the
U.S. Environmental Protection Agency (EPA) contractors performing
Government property management responsibilities under EPA contracts.
These requirements supplement those contained in the Government
Property clause(s) and Part 45 Government Property of the Federal
Acquisition Regulation (FAR).
    2. Contract Property Administration (CPAR)
    a. EPA Delegation. EPA delegates all contract property
administration to the EPA Contract Property Coordinator (CPC). The
delegations apply to all EPA contracts issued with or that have the
potential to receive, purchase or acquire Government Property or

include the Government Property clauses. In addition to
administering all contract property, the CPC provides technical
expertise and assistance to the Contracting Officer (CO) and
Contracting Officer Technical Representative (COTR) relative to
Government Property.
    b. DCMA Re-delegation. The CPC may request support for contract
property management oversight, including property administration and
plant clearance, from the Defense Contract Management Agency (DCMA).
If DCMA agrees to provide support, DCMA will notify the contractor
of the assigned property administrator (PA) and plant clearance
officer (PLCO). The DCMA PA is available to the contractor for
assistance in all matters of property administration.
Notwithstanding the delegation, as necessary, the contractor may
contact the EPA CO. In the event of a disagreement between the
contractor and the DCMA PA, the contractor should seek resolution
from the CO. Unless, otherwise directed in the contract, or this
document, all originals of written information or reports, except
direct correspondence between the contractor and the DCMA PA,
relative to Government property, should be forwarded to the
administrative CO assigned to this contract and the CPC.
    c.  Disagreements. Notwithstanding the delegation(s), as
necessary, the contractor may contact the CO. In the event of a
disagreement between the contractor and the PA or the CPC the
contractor should seek resolution from the CO.
    3. Requests for Government Property.
    In accordance with FAR 45.102, the contractor shall furnish all
property required for performing Government contracts. If a
contractor believes that Government property is required for
performance of the contract, the contractor shall submit a written
request to the CO. At a minimum, the request shall contain the
following elements:
    a. Contract number for which the property is required.
    b. An item(s) description, quantity and estimated cost.
    c. Certification that no like contractor property exists which
could be utilized.
    d. A detailed description of the task-related purpose of the
property.
    e. Explanation of negative impact if property is not provided by
the Government.
    f. Lease versus purchase analysis shall be furnished with the
request to acquire property on behalf of the Government, with the
exception of requests for material purchases. The contractor may not
proceed with acquisition of property on behalf of the Government
until receipt of written authorization from the Contracting Officer.
    4. Transfer of Government Property. The Contracting Officer
initiates the transfer of the government property via a contract
modification. The transferor (EPA or another contractor) shall
provide to the transferee, the receiving contractor, the information
needed to establish and maintain the property records required of
FAR 52.245-1, as well as all of the applicable data elements
required by Attachment 1 of this clause. The transferee, the
receiving contractor, should perform a complete inventory of the
property before signing the acceptance document for the property.
Accountability will transfer to the receiving contractor upon
receipt and acceptance of the property, in accordance with FAR
45.106.
    5. Records of Government Property.
    a. In accordance with FAR 52.245-1, the contractor shall create
and maintain records of all Government property, regardless of
value, including property provided to and in the possession of a
subcontractor. Material provided by the Government or acquired by
the contractor and billed as a direct charge to the contract is
Government property and records must be established as such.
    b. The Contractor shall identify all Superfund property and
designate it as such both on the item and on the Government property
record. If it is not practicable to tag the item, the contractor
shall write the ID number on a tag, card or other entity that may be
kept with the item or in a file.
    c. Support documentation used for posting entries to the
property record shall provide complete, current and auditable data.
Entries shall be posted to the record in a timely manner following
an action.
    d. For Government vehicles, in addition to the data elements
required by EPA, the contractor shall also comply with the General
Services Administration (GSA) and Department of Energy (DOE) record
and report requirements supplied with all EPA provided motor
vehicles. If the above requirements were not provided with the
vehicle, the contractor shall notify the designated CPC and the
Fleet Manager.
    e. When Government property is disclosed to be in the management
and/or control of the contractor but not provided under any
contract, the contractor shall record and report the property in
accordance with FAR 52.245-1.
    6. Inventories of Government Property. The contractor shall
conduct a complete physical inventory of EPA property at least once
per year. The contractor shall report the results of the inventory,
including any discrepancies, to the CO. Reconciliation of
discrepancies shall be completed in accordance with the schedule
negotiated with the CO. See section 10 herein, Contract Closeout,
for information on final inventories.
    7. Reports of Government Property. EPA requires an annual
summary report, for each contract, by contract number, of Government
property in the contractor's possession. The annual summary is due
as of September 30th of each year, and upon contract termination or
expiration.
    a. For each classification listed on the EPA Property Report
form, with the exception of material, the contractor shall provide
the total acquisition cost and total quantity. If there are zero
items in a classification, or if there is an ending balance of zero,
the classification must be listed with zeros in the quantity and
acquisition cost columns.
    b. For material, the contractor shall provide the total
acquisition cost only.
    c. Property classified as Plant Equipment, Superfund and Special
Test Equipment must be reported on two separate lines. The first
line shall include the total acquisition cost and quantity of all
items or systems with a unit acquisition cost of $25,000 or more.
The second line shall include the total acquisition cost and
quantity of all items with a unit acquisition cost of less than
$25,000.
    d. For items comprising a system, which is defined as ``a group
of interacting items functioning as a complex whole,'' the
contractor may maintain the record as a system noting all components
of the system under the main component or maintain individual
records for each item. However, for the annual report of Government
property the components must be reported as a system with one total
dollar amount for the system, if that system total is $25,000 or
more.
    e. The reports are to be received at EPA by the CPC by October
5th of each year.
    f. Distribution shall be as follows:

Original to: CPC
One copy: CO

    g. Contractors are required to comply with GSA and DOE special
reporting requirements for motor vehicles. A statement of these
requirements will be provided by the EPA Facility Management and
Services Division (FMSD) concurrent with receipt of each vehicle.
    h. The contractor shall provide detailed reports on an as-needed
basis, as may be requested by the CO or the CPC.
    8. Disposition of Government Property. The disposition process
is composed of three distinct phases: identification, reporting, and
final disposition.
    a. Identification. The disposition process begins with the
contractor identifying Government property that is no longer
required for contract performance. Effective contract property
management systems provide for identification of excess as it
occurs. Once Government property has been determined to be excess to
the accountable contract, it must be screened against the
contractor's other EPA contracts for further use. If the property
may be reutilized, the contractor shall notify the CO in writing.
Government property will be transferred via contract modifications
to other contracts only when the COs on both the current contract
and the receiving contract authorize the transfer.
    b. Reporting.
    (i) EPA. Government property shall be reported in accordance
with FAR 52.245-1. The Standard Form, SF 1428, Inventory Disposal
Schedule, provides the format for reporting excess Government
property. Instructions for completing and when to use the form may
be found at FAR 52.245-1(j). Forward the completed SF 1428 to the
CPC. The SF 1428 is available at http://www.arnet.gov/far/current/
html/FormsStandard54.html. Superfund property must contain a
Superfund notification and the following language must be displayed
on the form: ``Note to CO: Reimbursement to the EPA Superfund is
required.''
    (ii) DCMA. If the EPA contract has been re-delegated to DCMA,
the excess items will be entered into the Plant Clearance Automated
Reutilization Screening System (PCARSS). Access and information
pertaining to this system may be addressed to the DCMA Plant
Clearance Officer (PLCO).
    c. Disposition Instructions.
    (i) Retention. When Government property is identified as excess,
the CO may direct the

contractor in writing to retain all or part of the excess Government
Property under the current contract for possible future
requirements.
    (ii) Return to EPA. When Government property is identified as
excess, the CO may direct the contractor in writing to return those
items to EPA inventory. The contractor shall ship/deliver the
property in accordance with the instructions provided by the CO.
    (iii) Transfer. When Government property is identified as
excess, the CO may direct the contractor in writing to transfer the
property to another EPA contractor. The contractor shall transfer
the property by shipping it in accordance with the instructions
provided by the CO. To effect transfer of accountability, the
contractor shall provide the recipient of the property with the
applicable data elements set forth in Attachment 1 of this clause.
    (iv) Sale. If GSA or the DCMA PLCO conducts a sale of the excess
Government property, the contractor shall allow prospective bidders
access to property offered for sale.
    (v) Abandonment. Abandoned property must be disposed of in a
manner that does not endanger the health and safety of the public.
If the contract is delegated to DCMA and the contractor has input
EPA property into the PCARSS system, the EPA Property Utilization
Officer (PUO) shall notify the CO. The CO shall notify the
contractor in writing of those items EPA would like to retain, have
returned or transferred to another EPA contractor. The contractor
shall notify the DCMA PLCO and request withdrawal of those items
from the inventory schedule. The contractor shall update the
Government property record to indicate the disposition of the item
and to close the record. The contractor shall also obtain either a
signed receipt or proof of shipment from the recipient. The
contractor shall notify the CO when all actions pertaining to
disposition have been completed. The contractor shall complete an
EPA Property report with changes, to include supporting
documentation of completed disposition actions and submit it to the
CPC.
    9. Decontamination. In addition to the requirements of the
``Government Property'' clause and prior to performing disposition
of any EPA Government Property, the contractor shall certify in
writing that the property is free from contamination by any
hazardous or toxic substances.
    10. Contract Closeout. The contractor shall complete a physical
inventory of all Government property at contract completion and the
results, including any discrepancies, shall be reported to the CO.
If the contract is delegated to DCMA, the physical inventory report
will be submitted to the EPA CO and a copy submitted to the DCMA PA.
In the case of a terminated contract, the contractor shall comply
with the inventory requirements set forth in the applicable
termination clause. The results of the inventory, as well as a
detailed inventory listing, must be forwarded to the CO and if
delegated, a copy to the DCMA PA. In order to expedite the disposal
process, contractors may be required to, or may elect to submit to
the CPC, an inventory schedule for disposal purposes up to six (6)
months prior to contract completion. If such an inventory schedule
is prepared, the contractor must indicate the earliest date that
each item may be disposed. The contractor shall update all property
records to show disposal action. The contractor shall notify the CO,
and, if delegated, the DCMA PA, in writing, when all work has been
completed under the contract and all Government property accountable
to the contract has been disposed. The contractor shall complete a
FINAL EPA Property report with all supporting documentation to the
CPC.

Attachment 1

    Required Data Element--In addition to the requirements of FAR
52.245-1(f)(vi), Reports of Government Property, the contractor is
required to maintain, and report the following data elements for EPA
Government property (all elements are not applicable to material):
Name and address of the administrative Contracting Officer; Name of
the contractor representative; Business type; Name and address of
the contract property coordinator; Superfund (Yes/No); No. of
Subcontractor/Alternate Locations.

    Note: For items comprising a system which is defined as, ``a
group of interacting items functioning as a complex whole,'' the
contractor may maintain the record as a system noting all components
of the system under the main component or maintain individual
records for each item. However, for the Annual Report of Government
Property, the components must be reported as a system with one total
dollar amount for the system, if that system total is $25,000 or
more.

(End of clause)
0
5. Revise section 1552.245-71 to read as follows:

1552.245-71  Government-furnished data.

    As prescribed in 1545.107(b), insert the following contract clause
in any contract that the Government is to furnish the Contractor data.
Identify in the clause the data to be provided.

Government-Furnished Data

    (a) The Government shall deliver to the Contractor the
Government-furnished data described in the contract. If the data,
suitable for its intended use, is not delivered to the Contractor,
the Contracting Officer shall equitably adjust affected provisions
of this contract in accordance with the ``Changes'' clause when:
    (1) The Contractor submits a timely written request for an
equitable adjustment; and
    (2) The facts warrant an equitable adjustment.
    (b) Title to Government-furnished data shall remain in the
Government.
    (c) The Contractor shall use the Government-furnished data only
in connection with this contract.
    (d) The following data will be furnished to the Contractor on or
about the time indicated:

    (End of clause)

1552.245-72 and 1552.245-73  [Removed]

0
6. Remove sections 1552.245-72 and 1552.245-73.

[FR Doc. E9-22038 Filed 9-14-09; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: July 15, 2009 (Volume 74, Number 134)]
[Notices]
[Page 34334-34335]
[DOCID:fr15jy09-83]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. ER95-1528-021; ER05-89-013; ER05-453-005; ER07-650-003;
ER96-1088-048; ER03-674-014; ER01-2659-015]

Wisconsin Public Service Corporation, Upper Peninsula Power
Company, Wisconsin River Power Company, Integrys Energy Services, Inc.,
WPS Power Development, LLC, Quest Energy, LLC, and Combined Locks
Energy Center, LLC; Notice of Filing

July 8, 2009.
    Take notice that on June 18, 2009, Wisconsin Public Service
Corporation, Upper Peninsula Power Company, Wisconsin River Power
Company, Integrys Energy Services, Inc., WPS Power Development, LLC,
Quest Energy, LLC, and Combined Locks Energy Center, LLC submit their
triennial power market update for renewal of their market-based rate
authority in the Central Region.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the

Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on August 17, 2009.

Kimberly D. Bose,
Secretary.
 [FR Doc. E9-16718 Filed 7-14-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 158 (Monday, August 17, 2015)]
[Proposed Rules]
[Pages 49181-49184]
[FR Doc No: 2015-20277]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2014-0370; Airspace Docket No. 14-ASO-2]
RIN 2120-AA66

Proposed Redesignation and Expansion of Restricted Area R-4403;
Gainesville, MS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (SNPRM).

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

SUMMARY: This SNPRM amends the notice of proposed rulemaking (NPRM)
published in the Federal Register on July 10, 2014, proposing to
redesignate and expand restricted area R-4403, Gainesville, MS, by
changing the parameters of some restricted area subareas. The changes
would include expanding the time of designation, modifying some
restricted area lateral and vertical boundaries, and eliminating the
proposed air-to-ground munitions delivery in some parts of the
restricted area complex.

DATES: Comments must be received on or before October 1, 2015.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, M-30, 1200 New Jersey Avenue SE.,
West Building Ground Floor, Room W12-140, Washington, DC 20590-0001;
telephone:<PHONE_NUMBER>. You must identify FAA Docket No. FAA-2014-
0370 and Airspace Docket No. 14-ASO-2, at the beginning of your
comments. You may also submit comments through the Internet at
www.regulations.gov. Comments on environmental and land use aspects to
should be directed to: Mr. David Lorance, P.E., Center Environmental
Officer, Center Operations Directorate, National Aeronautics and Space
Administration (NASA) Stennis Space Center, Roy S. Estess Building
1100, Mail Code RA02, Stennis Space Center, MS 39529-6000.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace Policy and
Regulations Group, Office of Airspace Services, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591;
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    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
the 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 restructure the restricted airspace at the
Stennis Space Center, MS, to enhance aviation safety and accommodate
essential NASA and Naval Special Warfare Command (NSWC) requirements.

Comments Invited

    Interested parties are invited to participate in 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 (FAA Docket No.
FAA-2014-0370 and Airspace Docket No. 14-ASO-2) and be submitted in
triplicate to the Docket Management System (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at www.regulations.gov.
    Commenters 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-2014-0370 and Airspace Docket No. 14-ASO-2.'' 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 action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the closing date
for comments. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at www.regulations.gov.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person at the Dockets
Office (see ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal
holidays. An informal docket may also be examined during normal
business hours at the office of the Operations Support Group, Eastern
Service Center, Federal Aviation Administration, 1701 Columbia Ave.,
College Park, GA 30337.
    Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

Background

    On July 10, 2014, the FAA published in the Federal Register an NPRM
proposing to redesignate and expand restricted area R-4403,
Gainesville, MS, to support missions of the National Aeronautics and
Space Administration (NASA) and the Naval Special Warfare Command
(NSWC) (79 FR 39344). Eight comments were received; two commenters
supported the proposal, four commenters posed limited concerns, and the
remaining two commenters objected to the proposal.
    Subsequent to publication, both NASA and NSWC revised their
airspace proposal by changing certain restricted area boundaries,
eliminating some proposed activities and increasing the proposed times
of use of the airspace. The changes are described in the next section,
below.
    Since these changes to the proposal are significant, the FAA has
determined it is necessary to reopen the comment period to provide
additional opportunity for public comment. The FAA will dispose of all
the comments to the NPRM and SNPRM when it issues its final
determination on the proposal.

Differences From NPRM

    The southern boundary of R-4403B and R-4403C is shifted slightly to
the north to address a comment that the restricted areas were too close
to Interstate I-10, which is used by some pilots as a visual flight
reference.
    The NPRM proposed to establish R-4403C, extending from the surface
up to but not including 6,000 feet MSL; and to establish R-4403D, with
the same lateral boundaries as R-4403C, and extending above R-4403C
from 6,000 feet MSL up to 10,000 feet MSL. This SNPRM proposes to
combine R-4403C and R-4403D into a single restricted area extending
from the surface up to 10,000 feet MSL. This combined area would be
designated R-4403C and the formerly proposed designation ``R-4403D''
would not be used.
    The NPRM proposed the time of designation for restricted areas R-
4403C, D, E and F as ``Intermittent, 1800 to 2400 local time, as
activated by NOTAM at least 24 hours in advance; other times by NOTAM
with air traffic control (ATC) approval.'' The SNPRM would revise the
time of designation for R-4403C, E and F to ``Intermittent, 2000 to
0500 local time, as activated by NOTAM at least 24 hours in advance;
and 1800 to 2000 local time, November 1 to March 1, as activated by
NOTAM at least 24 hours in advance, not to exceed 20 days per year.''
The new times would expand the basic time frame during which the
restricted areas could be activated from six hours per day to nine
hours per day. Further, it would add a provision allowing for
additional activation during the hours 1800 to 2000 local time between
November 1 and March 1. However, use of the 1800 to 2000 time frame
between November 1 and March 1 would be limited to a maximum of 20 days
per year. The provision in the NPRM allowing for activation of R-4403C,
E and F at ``other times by NOTAM with ATC approval'' is removed from
consideration in this proposal.
    The NPRM proposed the use of R-4403E and F for delivery of air-to-
ground munitions at a ground target by aircraft, including AC-130
gunships and armed helicopters. The NSWC determined that the area is
too small to contain the weapons safety footprint, so R-4403E and F
would only be used to contain air-to-ground firing of non-eye-safe
lasers. Ground forces would use lasers that are eye-safe in R-4403E and
F to signal military aircraft operating overhead.
    The southeastern-most point of the R-4403E boundary (where it
intersects the Stennis International Airport Class D airspace boundary
(at lat. 30[deg]20'22'' N., long. 89[deg]31'43'' W.) would be shifted
northward by approximately 2.5 NM to intersect the Class D airspace
area at lat. 30[deg]22'35'' N., long. 89[deg]32'06'' W. The airspace
south of the new line would become a part of R-4403C.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 73 to remove
restricted area R-4403, Gainesville, MS, and redesignate and expand the
airspace to consist of five subareas: R-4403A, B, C, E and F, Stennis
Space Center, MS. The FAA is proposing this action at the request of
NASA and the NSWC to confine activities that potentially present
hazards to nonparticipating aircraft. The existing airspace is too
small to fully contain NASA activities and the proposed expansion would
also enable NSWC to conduct realistic Special Operations Force
training.
    R-4403A and B would continue be used for NASA activities, such as
rocket engine testing and untethered space vehicle propulsion system
testing. The NSWC would use the proposed R-4403C, E and F for
integrated Special Operations Forces training. The proposed restricted
areas are described below.
    R-4403A would be used by NASA to test rocket engine technology. It
would consist of that airspace within a 2.5 NM radius of lat.
30[deg]21'51'' N., long. 89[deg]35'39'' W., centered on the rocket
engine test complex. R-4403A would extend from the ground to 12,000
feet MSL. It would replace R-4403 with an expanded area to more fully
contain rocket engine testing hazards. This area remains as proposed in
the NPRM.
    R-4403B would be used by NASA for untethered autonomous space
vehicle testing. The area would extend upward from the ground to 6,000
feet MSL. These vehicles are utilized to explore planets and asteroids.
Testing of these vehicles involves potential hazards since failure of
the vehicle, its propulsion system or propellant tanks can result in
explosion of the vehicle. The propensity for this to occur is greater
with these vehicles than with a standard aircraft because of the
extremely volatile nature of the propellants and the poor aerodynamic
characteristics of the vehicle during earth-based operation. Proposed
R-4403B is designed to contain the flight profiles of these vehicles as
well as any potential hazards to nonparticipating aircraft. Except for
the slight adjustment of the southern boundary, as described

above, this area remains as proposed in the NPRM.
    R-4403C would be used for Special Operations Forces Integration
Training. The NPRM proposed R-4403C to extend from the ground to 6,000
feet MSL. This SNPRM would expand R-4403C to extend from the ground to
10,000 feet MSL, incorporating the airspace from 6,000 feet MSL to
10,000 feet MSL, which was formerly proposed as R-4403D. The
designation ``R-4403D'' will no longer be used. R-4403C would contain
air-to-ground live-fire training for AC-130 gunships, armed helicopters
and tilt-rotor (CV-22) aircraft and surface-to-surface weapons firing.
R-4403C would contain two impact areas for air-to-ground munitions
employment (up to 105mm), and air-to-ground non-eye-safe laser firing.
Ground forces would use lasers that are eye-safe to signal military
aircraft operating overhead. Anticipated use of R-4403C is 100-120 days
per year.
    R-4403D designation is removed from the proposal as described
above.
    R-4403E would also be used for Special Operations Forces
Integration Training. It would extend upward from the ground to 10,000
feet MSL. It would contain a ground target to be used only for air-to-
ground firing of non-eye safe lasers. The proposal in the NPRM to use
this area for air-to-ground munitions delivery is eliminated. Ground
forces would also use lasers that are eye-safe to signal military
aircraft operating overhead.
    R-4403F would extend upward from 4,000 feet MSL to 10,000 feet MSL.
R-4403F would wrap around the northeast corner of R-4403E and would be
used in conjunction with R-4403E.
    R-4403E and F would always be activated together for AC-130 air-to-
ground firing of non-eye-safe lasers. The two areas could be activated
separately from R-4403C, but typically would be used in conjunction
with R-4403C.
    The proposed time of designation for R-4403A and R-4403B is
``Intermittent, 1000 to 0300 local time, as activated by NOTAM at least
24 hours in advance.'' This time frame is the same as proposed in the
NPRM. The proposed time of designation for R-4403C, E and F is
``Intermittent, 2000 to 0500 local time, as activated by NOTAM at least
24 hours in advance; and 1800 to 2000 local time, November 1 to March 1
(not to exceed 20 days per year).'' The times for R-4403C, E and F are
changed from those in the NPRM as explained in the ``Differences from
NPRM'' section, above.
    Note: The term ``Intermittent'' is used to indicate occasional,
irregular, or changeable use periods.
    During periods when the restricted areas are not needed by the
using agencies, the airspace would be returned to the controlling
agency for access by other airspace users.
    A revised color chart depicting the proposed restricted areas will
be posted on the www.regulations.gov Web site (search Docket No. FAA-
2014-0370).

Regulatory Notices and Analyses

    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.
Therefore, this proposed regulation: (1) Is not a ``significant
regulatory action'' under Executive Order 12866; (2) is not a
``significant rule'' under Department of Transportation (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.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies
and Procedures,'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 73

    Airspace, Prohibited areas, Restricted areas.

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 73 as follows:

PART 73--SPECIAL USE AIRSPACE

0
1. The authority citation for part 73 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  73.44  [Amended]

0
2. Section 73.44 is amended as follows:

R-4403 Gainesville, MS [Removed]

R-4403A Stennis Space Center, MS [New]

    Boundaries. Within a 2.5-NM radius centered at lat.
30[deg]21'51'' N., long. 89[deg]35'39'' W.
    Designated altitudes. Surface to 12,000 feet MSL.
    Time of designation. Intermittent, 1000 to 0300 local time, as
activated by NOTAM at least 24 hours in advance.
    Controlling agency. FAA, Houston ARTCC.
    Using agency. NASA, Director, Stennis Space Center, Bay St.
Louis, MS.

R-4403B Stennis Space Center, MS [New]

    Boundaries. Beginning at lat. 30[deg]29'37'' N., long.
89[deg]35'16'' W.;
    to lat. 30[deg]29'37'' N., long. 89[deg]32'33'' W.; thence
clockwise along a 0.85-NM arc centered
    at lat. 30[deg]28'46'' N., long. 89[deg]32'33'' W.;
    to lat. 30[deg]28'46'' N., long. 89[deg]31'34'' W.;
    to lat. 30[deg]26'25'' N., long. 89[deg]31'34'' W.;
    to lat. 30[deg]24'02'' N., long. 89[deg]31'34'' W.;
    thence counterclockwise along a 4.2-NM arc centered
    at lat. 30[deg]22'04'' N., long. 89[deg]27'17'' W.;
    to lat. 30[deg]20'28'' N., long. 89[deg]31'46'' W.;
    to lat. 30[deg]19'19'' N., long. 89[deg]35'32'' W.;
    to lat. 30[deg]18'23'' N., long. 89[deg]40'17'' W.;
    to lat. 30[deg]21'08'' N., long. 89[deg]42'25'' W.;
    to lat. 30[deg]22'22'' N., long. 89[deg]42'58'' W.;
    to lat. 30[deg]23'44'' N., long. 89[deg]42'43'' W.;
    to lat. 30[deg]26'40'' N., long. 89[deg]40'51'' W.;
    thence counterclockwise along a 3-NM arc centered
    at lat. 30[deg]29'15'' N., long. 89[deg]39'04'' W.;
    to lat. 30[deg]27'08'' N., long. 89[deg]36'37'' W.;
    to lat. 30[deg]27'58'' N., long. 89[deg]35'27'' W.;
    to lat. 30[deg]28'47'' N., long. 89[deg]35'27'' W.;
    to the point of beginning.
    Designated altitudes. Surface to 6,000 feet MSL.
    Time of designation. Intermittent, 1000 to 0300 local time, as
activated by NOTAM at least 24 hours in advance.
    Controlling agency. FAA, Houston ARTCC.
    Using agency. NASA, Director, Stennis Space Center, Bay St.
Louis, MS.

R-4403C Stennis Space Center, MS [New]

    Boundaries. Beginning at lat. 30[deg]27'58'' N., long.
89[deg]35'27'' W.;
    to lat. 30[deg]22'35'' N., long. 89[deg]35'27'' W.;
    to lat. 30[deg]22'35'' N., long. 89[deg]32'06'' W.;
    thence counterclockwise along a 4.2-NM arc centered
    at lat. 30[deg]22'04'' N., long. 89[deg]27'17'' W.;
    to lat. 30[deg]20'28'' N., long. 89[deg]31'46'' W.;
    to lat. 30[deg]19'19'' N., long. 89[deg]35'32'' W.;
    to lat. 30[deg]18'23'' N., long. 89[deg]40'17'' W.;
    to lat. 30[deg]21'08'' N., long. 89[deg]42'25'' W.;
    to lat. 30[deg]22'22'' N., long. 89[deg]42'58'' W.;
    to lat. 30[deg]23'44'' N., long. 89[deg]42'43'' W.;
    to lat. 30[deg]26'40'' N., long. 89[deg]40'51'' W.;
    thence counterclockwise along a 3-NM arc centered
    at lat. 30[deg]29'15'' N., long. 89[deg]39'04'' W.;
    to lat. 30[deg]27'08'' N., long. 89[deg]36'37'' W.;
    to the point of beginning.
    Designated altitudes. Surface to 10,000 feet MSL.
    Time of designation. Intermittent, 2000 to 0500 local time, as
activated by NOTAM at least 24 hours in advance; and 1800 to 2000
local time, November 1 to March 1, as

activated by NOTAM at least 24 hours in advance, not to exceed 20
days per year.
    Controlling agency. FAA, Houston ARTCC.
    Using agency. U.S. Navy, Commander, Naval Special Warfare
Command, Naval Special Warfare N31 Branch, Stennis Space Center, Bay
St. Louis, MS.

R-4403E Stennis Space Center, MS [New]

    Boundaries. Beginning at lat. 30[deg]29'37'' N., long.
89[deg]35'16'' W.;
    to lat. 30[deg]29'37'' N., long. 89[deg]32'33'' W.;
    thence clockwise along a 0.85-M arc centered
    at lat. 30[deg]28'46'' N., long. 89[deg]32'33'' W.;
    to lat. 30[deg]28'46'' N., long. 89[deg]31'34'' W.;
    to lat. 30[deg]26'25'' N., long. 89[deg]31'34'' W.;
    to lat. 30[deg]24'02'' N., long. 89[deg]31'34'' W.;
    thence counterclockwise along a 4.2-NM arc centered
    at lat. 30[deg]22'04'' N., long. 89[deg]27'17'' W.;
    to lat. 30[deg]22'35'' N., long. 89[deg]32'06'' W.;
    to lat. 30[deg]22'35'' N., long. 89[deg]35'27'' W.;
    to lat. 30[deg]27'58'' N., long. 89[deg]35'27'' W,;
    to lat. 30[deg]28'47'' N., long. 89[deg]35'27'' W.;
    to the point of beginning.
    Designated altitudes. Surface to 10,000 feet MSL.
    Time of designation. Intermittent, 2000 to 0500 local time, as
activated by NOTAM at least 24 hours in advance; and 1800 to 2000
local time, November 1 to March 1, as activated by NOTAM at least 24
hours in advance, not to exceed 20 days per year.
    Controlling agency. FAA, Houston ARTCC.
    Using agency. U.S. Navy, Commander, Naval Special Warfare
Command, Naval Special Warfare N31 Branch, Stennis Space Center, Bay
St. Louis, MS.

R-4403F Stennis Space Center, MS [New]

    Boundaries. Beginning at lat. 30[deg]29'37'' N., long.
89[deg]35'16'' W.;
    thence clockwise along a 2.5-NM arc centered
    at lat. 30[deg]28'46'' N., long. 89[deg]32'33'' W.;
    to lat. 30[deg]26'25'' N., long. 89[deg]31'34'' W.;
    to lat. 30[deg]28'46'' N., long. 89[deg]31'34'' W.;
    thence counterclockwise along a 0.85-NM arc centered
    at lat. 30[deg]28'46'' N., long. 89[deg]32'33'' W.;
    to lat. 30[deg]29'37'' N., long. 89[deg]32'33'' W.;
    to the point of beginning.
    Designated altitudes. 4,000 feet MSL to 10,000 feet MSL.
    Time of designation. Intermittent, 2000 to 0500 local time, as
activated by NOTAM at least 24 hours in advance; and 1800 to 2000
local time, November 1 to March 1, as activated by NOTAM at least 24
hours in advance, not to exceed 20 days per year.
    Controlling agency. FAA, Houston ARTCC.
    Using agency. U.S. Navy, Commander, Naval Special Warfare
Command, Naval Special Warfare N31 Branch, Stennis Space Center, Bay
St. Louis, MS.
* * * * *

    Issued in Washington, DC, on August 10 2015.
Gary A. Norek,
Manager, Airspace Policy and Regulations Group.
[FR Doc. 2015-20277 Filed 8-14-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 99 (Monday, May 23, 2011)]
[Rules and Regulations]
[Pages 29640-29642]
[FR Doc No: 2011-12373]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2011-0126]
RIN 1625-AA08

Special Local Regulations for Marine Events; Chester River,
Chestertown, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing special local regulations
during the reenactment portion of the ``Chestertown Tea Party
Festival,'' a marine event to be held on the waters of the Chester
River, Chestertown, MD on May 28, 2011. These special local regulations
are necessary to provide for the safety of life on navigable waters
during the event. This action is intended to temporarily restrict
vessel traffic in a portion of the Chester River during the event.

DATES: This rule is effective from 10 a.m. until 5 p.m. on May 28,
2011.

ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2011-0126 and are available online by going to
http://www.regulations.gov, inserting USCG-2011-0126 in the ``Keyword''
box, and then clicking ``Search.'' This material is also available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail Mr. Ronald Houck, Sector Baltimore
Waterways Management Division, Coast Guard; telephone<PHONE_NUMBER>, e-
mail<EMAIL_ADDRESS>If you have questions on viewing the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On March 21, 2011, we published a notice of proposed rulemaking
(NPRM) entitled ``Special Local Regulations for Marine Events; Chester
River, Chestertown, MD'' in the Federal Register (76 FR 54). We
received no

comments on the proposed rule. No public meeting was requested, and
none was held.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Due to the need for immediate
action, the restriction of vessel traffic is necessary to protect life,
property and the environment against the hazards associated with a
large number of spectator vessels operating on navigable waters in the
immediate vicinity of the event's participating vessels. Such hazards
include injuries or death caused by vessel collisions, capsizings and
sinkings, navigational obstructions, damage to watercraft and
waterfront property, and oil pollution in the environment. Therefore, a
30-day notice is contrary to the public interest. Delaying the
effective date would be contrary to the regulated area's intended
objectives of protecting persons and vessels involved in the event, and
enhancing public and maritime safety. In addition, delaying the
effective date is unnecessary. This regulation has generated very
little public interest and affects a very limited section of the
waterway for less than a full day. During the comment period for this
event (and a similar event in 2010, docket number [USCG-2010-0081]),
zero comments were received.

Basis and Purpose

    On May 28, 2011, the Chestertown Tea Party Festival will sponsor a
reenactment in the Chester River at Chestertown, MD. The key component
of the event consists of the Schooner SULTANA departing from its berth
in Chestertown, transiting 200 yards to an anchorage location,
embarking and disembarking Tea Party actors by dinghy, and then
returning to its berth. Due to the need for vessel control during the
event, the Coast Guard will temporarily restrict vessel traffic in the
event area to provide for the safety of participants, spectators and
other transiting vessels.

Discussion of Comments and Changes

    The Coast Guard received no comments in response to the NPRM. No
public meeting was requested and none was held.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. Although this regulation
will prevent traffic from transiting a portion of the Chester River
during the event, the effect of this regulation will not be significant
due to the limited duration that the regulated area will be in effect
and the extensive advance notifications that will be made to the
maritime community via the Local Notice to Mariners and marine
information broadcasts, so mariners can adjust their plans accordingly.
Additionally, the regulated area has been narrowly tailored to impose
the least impact on general navigation yet provide the level of safety
deemed necessary. Vessel traffic will be able to transit safely around
the regulated area.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule may affect the following entities, some of which
might be small entities: The owners or operators of vessels intending
to transit or anchor in the effected portions of the Chester River
during the event.
    Although this regulation prevents traffic from transiting a portion
of the Chester River at Chestertown, MD during the event, this rule
will not have a significant economic impact on a substantial number of
small entities for the following reasons. This rule will be in effect
for only a limited period. The regulated area is of limited size.
Vessel traffic will be able to transit safely around the regulated
area. Before the enforcement period, we will issue maritime advisories
so mariners can adjust their plans accordingly.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and

Interference with Constitutionally Protected Property Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded, under figure 2-1, paragraph (34)(h), of
the Instruction. This rule involves implementation of regulations
within 33 CFR Part 100 applicable to organized marine events on the
navigable waters of the United States that could negatively impact the
safety of waterway users and shore side activities in the event area.
The category of water activities includes but is not limited to sail
boat regattas, boat parades, power boat racing, swimming events, crew
racing, canoe and sail board racing. An environmental analysis
checklist and a categorical exclusion determination are available in
the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233.

0
2. Add a temporary section, Sec.  100.35-T05-0126, to read as follows:

Sec.  100.35-T05-0126  Special Local Regulations for Marine Events;
Chester River, Chestertown, MD.

    (a) Regulated area. The following locations are regulated areas:
All waters of the Chester River, within a line connecting the following
positions: Latitude 39[deg]12'27'' N, longitude 076[deg]03'46'' W;
thence to latitude 39[deg]12'19'' N, longitude 076[deg]03'53'' W;
thence to latitude 39[deg]12'25'' N, longitude 076[deg]03'41'' W;
thence to latitude 39[deg]12'16'' N, longitude 076[deg]03'48'' W;
thence to the point of origin at latitude 39[deg]12'27'' N, longitude
076[deg]03'46'' W, located at Chestertown, Maryland. All coordinates
reference Datum NAD 1983.
    (b) Definitions: (1) Coast Guard Patrol Commander means a
commissioned, warrant, or petty officer of the U.S. Coast Guard who has
been designated by the Commander, Coast Guard Sector Baltimore.
    (2) Official Patrol means any vessel assigned or approved by
Commander, Coast Guard Sector Baltimore with a commissioned, warrant,
or petty officer on board and displaying a Coast Guard ensign.
    (c) Special local regulations: (1) Except for persons or vessels
authorized by the Coast Guard Patrol Commander, no person or vessel may
enter or remain in the regulated area.
    (2) The operator of any vessel in the regulated area must:
    (i) Stop the vessel immediately when directed to do so by the Coast
Guard Patrol Commander or any Official Patrol.
    (ii) Proceed as directed by the Coast Guard Patrol Commander or any
Official Patrol.
    (d) Enforcement period: (1) This section will be enforced from 10
a.m. until 5 p.m. on May 28, 2011.
    (2) The Coast Guard will publish a notice in the Fifth Coast Guard
District Local Notice to Mariners and issue marine information
broadcast on VHF-FM marine band radio announcing specific event date
and times.

    Dated: May 4, 2011.
Mark P. O'Malley,
Captain, U.S. Coast Guard, Captain of the Port Baltimore, Maryland.
[FR Doc. 2011-12373 Filed 5-20-11; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: December 11, 2009 (Volume 74, Number 237)]
[Rules and Regulations]
[Page 65686-65687]
[DOCID:fr11de09-5]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-0888; Airspace Docket No. 09-ASO-23]

Modification of Jet Route J-20; Florida

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action modifies Jet Route J-20 by terminating the route
at the Orlando, FL, very high frequency omnidirectional range/tactical
air navigation (VORTAC) facility, thereby eliminating a portion of J-20
that is no longer needed. This action will ensure the efficient use of
airspace within the National Airspace System (NAS).

DATES: Effective 0901 UTC, February 11, 2010. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace and Rules
Group, Office of System Operations Airspace and AIM, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    On Friday, October 23, 2009, the FAA published in the Federal
Register a notice of proposed rulemaking to modify jet route J-20 (74
FR 54765). Interested parties were invited to participate in this
rulemaking effort by submitting written comments on the proposal. No
comments were received.

The Rule

    The FAA is amending Title 14, Code of Federal Regulations (14 CFR)
part 71 to eliminate the segment of J-20 that extends between the
Orlando VORTAC and the Virginia Key very high frequency omnidirectional
range/distance measuring equipment (VOR/DME). The FAA has determined
that this portion of J-20 is no longer required. Currently, J-20
parallels jet route J-53, between the Miami area and DEARY intersection
(southeast of the Orlando VORTAC). At DREARY, J-20 makes a left turn to
the Orlando VORTAC where it converges with J-53. This can cause a
problem when aircraft are parallel on both J-20 and J-53. Jet route J-
113 provides a suitable northbound replacement route for the J-20
segment. In addition, this change provides air traffic control with
more time to get climbing aircraft to their requested altitudes,
thereby enhancing system efficiency.
    Jet routes are published in paragraph 2004 of FAA Order 7400.9T
dated August 27, 2009 and effective September 15, 2009, which is
incorporated by reference in 14 CFR 71.1. The jet route listed in this
document will be subsequently published in the Order.

    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 Department of Transportation (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 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.
    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 the
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 a portion of the en route structure to enhance the safe
and efficient use of the NAS in Florida.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1E, ``Environmental Impacts: Policies and
Procedures,'' paragraph 311a and 311b. 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.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9T,
Airspace Designations and Reporting Points, Dated August 27, 2009 and
effective September 15, 2009, is amended as follows:

Paragraph 2004 Jet Routes.

* * * * *

J-20 [Modified]

    From Seattle, WA, via Yakima, WA; Pendleton, OR; Donnelly, ID;
Pocatello, ID; Rock Springs, WY; Falcon, CO; Hugo, CO; Lamar, CO;
Liberal, KS; INT Liberal 137[deg] and Will Rogers, OK, 284[deg]
radials; Will Rogers; Belcher, LA; Jackson, MS; Montgomery, AL;
Meridian, MS; Seminole, FL; INT Seminole 129[deg] and Orlando, FL,
306[deg] radials; to Orlando.
* * * * *

    Issued in Washington, DC, on December 4, 2009.
Kelly J. Neubecker,
Acting Manager, Airspace and Rules Group.
[FR Doc. E9-29394 Filed 12-10-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register: December 15, 2009 (Volume 74, Number 239)]
[Notices]
[Page 66397]
[DOCID:fr15de09-110]

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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of Availability regarding a Finding of No Significant
Impact (FONSI): K Street, 24th Street, NW., to 7th Street, NW.,
Washington, DC.

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SUMMARY: The FHWA, in coordination with the District Department of
Transportation (DDOT), is issuing a Finding of No Significant Impact
(FONSI) for improvements to the K Street Corridor in northwest
Washington, DC to efficiently accommodate multi-modal travel, including
an exclusive transitway within a portion of the existing street right-
of-way.

FOR FURTHER INFORMATION CONTACT: Federal Highway Administration,
District of Columbia Division: Mr. Michael Hicks, Environmental/Urban
Engineer, 1900 K Street, Suite 510, Washington, DC 20006-1103,
Telephone number<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>or Mr.
Faisal Hameed, Program Manager, Project Development & Environment,
Transportation Policy & Planning Administration, District Department of
Transportation, 2000 14th Street, NW., 7th Floor, Washington, DC 20009,
Regular Office Hours 8:30 a.m. to 4:30 p.m., Telephone number 202-671-
2326, e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The FHWA, in coordination with DDOT, is
issuing a FONSI for the preferred alternative, Alternative 2, as
identified in the Final Environmental Assessment for K Street, 24th
Street, NW., to 7th Street, NW., Washington, DC. This project would
reconstruct existing K Street to provide an exclusive two-way, two-
lane, center transitway, flanked by medians on either side that include
bus platforms, and three general purpose lanes in each direction.
Parking and loading would be accommodated in the curb lanes during off-
peak hours. Bicycles would be accommodated in the curb lanes. The
determination that the proposed undertaking will not have a significant
impact on the environment has been made pursuant to the Council on
Environmental Quality's regulations (40 CFR 1500) for implementing the
National Environmental Policy Act.

Electronic Access

    An electronic copy of this document may be downloaded, using a
computer, modem and suitable communications software, from the
Government Printing Office's Electronic Bulletin Board Service at (202)
512-1661. Internet users may reach the Office of the Federal Register's
home page at: http://www.nara.gov/fedreg and the Government Printing
Office's Web site at: http://www.access.gpo.gov/nara.
    The FONSI will be available for public review at: http://
www.fhwa.dot.gov/dcdiv/projects.htm or http://www.ddot.dc.gov/
kstreetEA.

    Authority: 23 U.S.C. 315; 49 CFR 1.48

Mark Kehrli,
Division Administrator.
[FR Doc. E9-29771 Filed 12-14-09; 8:45 am]

BILLING CODE 4910-22-P


[Federal Register: October 2, 2006 (Volume 71, Number 190)]
[Notices]
[Page 57934-57935]
[DOCID:fr02oc06-42]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-602-000]

CenterPoint Energy Gas Transmission Company; Notice of Proposed
Changes in FERC Gas Tariff

September 26, 2006.
    Take notice that on September 22, 2006, CenterPoint Energy Gas
Transmission Company (CEGT) tendered for filing as part of its FERC Gas
Tariff, Sixth Revised Volume No. 1, the following revised tariff sheets
to be effective November 1, 2006:

Ninth Revised Sheet No. 17.
Ninth Revised Sheet No. 18.
Eighth Revised Sheet No. 19.
Eighth Revised Sheet No. 31.
Eighth Revised Sheet No. 32.

    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.

    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E6-16154 Filed 9-29-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 191 (Wednesday, October 4, 2017)]
[Notices]
[Pages 46232-46233]
[FR Doc No: 2017-21301]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER17-2548-000]

EGP Stillwater Solar PV II, LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request For Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
EGP Stillwater Solar PV II, LLC`s application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is October 18, 2017.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the Web site that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: September 28, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-21301 Filed 10-3-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: March 19, 2010 (Volume 75, Number 53)]
[Notices]
[Page 13272]
[DOCID:fr19mr10-62]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER10-812-000]

Power Choice, Inc.; Supplemental Notice That Initial Market-Based
Rate Filing Includes Request for Blanket Section 204 Authorization

March 11, 2010.
    This is a supplemental notice in the above-referenced proceeding,
of Power Choice, Inc.'s application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR Part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to intervene or protest must serve a
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR Part 34, of future issuances of securities and assumptions of
liability is March 31, 2010.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426.
    The filings in the above-referenced proceeding(s) are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-6009 Filed 3-18-10; 8:45 am]
BILLING CODE 6717-01-P


UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on February 9, 2006

NOTICE OF ACTION TAKEN -- DOCKETS OST 2003-16735 and OST-2003-16718

________________________________________________________________________
___________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Joint application of    America West Airlines, Inc. d/b/a US Airways and
Mesa Airlines, Inc.,

filed  10/26/05 for:

Docket OST-2003-16735:

XX  Renewal of exemption for America West Airlines, Inc. d/b/a US
Airways for two years under 49 U.S.C. §40109 to provide the following
service:

Scheduled foreign air transportation of persons, property, and mail
between Los Angeles, California, and Puerto Vallarta, Mexico.  The joint
applicants state that the authority will be used by placing either the
America West “HP*” code and/or the US Airways “US*” code on Mesa
Airlines’ flights in the Los Angeles-Puerto Vallarta market.

Docket OST-2003-16718:

XX  Renewal of exemption for Mesa Airlines, Inc., for two years under 49
U.S.C. §40109 to provide the following service:

Scheduled foreign air transportation of persons, property, and mail
between Los Angeles, California, and Puerto Vallarta, Mexico.

Applicant rep:   Joanne W. Young<PHONE_NUMBER>    DOT Analyst:  Linda
L. Lundell<PHONE_NUMBER>

D I S P O S I T I O N

XX  Granted, subject to conditions (see below).

The action above was effective when taken:     February 9, 2006,
through   February 9, 2008.

Action taken by:   Paul L. Gretch, Director

		        Office of International Aviation

XX  The authority granted is consistent with the aviation agreement
between the United States and Mexico.

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Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:

XX  Holders’ certificates of public convenience and necessity

XX  Standard Exemption Conditions (attached)

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Conditions:  The U.S.-Mexico exemption authority granted is subject to
the dormancy notice requirements set forth in condition 7 of Appendix A
of Order 88-10-2.  The exemption authority granted to America West
Airlines, Inc. d/b/a US Airways is limited to service provided on a
code-share basis only.

The code-share operations conducted under this authorization are subject
to the following conditions:  (a) the code-sharing operations conducted
under this authority must comply with 14 CFR 257 and with any amendment
to the Department’s regulations concerning code-share arrangements
that may be adopted.  Notwithstanding any provisions in the contract
between the carriers, our approval here is expressly conditioned upon
the requirements that the subject foreign air transportation be sold in
the name of the carrier holding out such service in computer reservation
systems and elsewhere; that the carrier selling such transportation
(i.e., the carrier shown on the ticket) accept responsibility for the
entirety of the code-share journey for all obligations established in
its contract of carriage with the passenger; and that the passenger
liability of the operating carrier be unaffected; and (b) the authority
granted here is specifically conditioned so that neither America West
Airlines, Inc., d/b/a US Airways nor Mesa Airlines, Inc., shall give any
force or effect to any contractual provisions between themselves that
are contrary to these conditions.

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____________________________

On the basis of data officially noticeable under Rule 24(g) of the
Department’s regulations, we found the applicants qualified to provide
the services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) grant of the application was consistent with the public
interest; and (3) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
 To the extent not granted, we denied all requests in the referenced
Dockets.  We may amend, modify, or revoke the authority granted in this
Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov/reports_aviation.asp

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

(5)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR 203, concerning
waiver of Warsaw Convention liability limits and defenses;

(6)  Comply with all applicable requirements of the Federal Aviation
Administration and with all applicable U.S. Government requirements
concerning security, including, but not limited to, 49 CFR Part 1544.
To assure compliance with all applicable U.S. Government requirements
concerning security, the holder shall, before commencing any new service
(including charter flights) to or from a foreign airport, contact its
International Principal Security Inspector (IPSI) to advise the IPSI of
its plans and to find out whether the Transportation Security
Administration has determined that security is adequate to allow such
airport(s) to be served; and

(7)  Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department of Transportation, with all applicable orders and regulations
of other U.S. agencies and courts, and with all applicable laws of the
United States.

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

05/2004

 On September 27, 2005, America West Holdings Corporation merged with US
Airways Group, Inc.  As a result, America West became a subsidiary of US
Airways Group and is beginning operations under the “US Airways”
brand name.  The joint applicants state that America West will
advertise, sell tickets, and market the subject services under the “US
Airways” brand name, and may use either or both the America West
“HP*” or US Airways “US*” code on these flights.