[Federal Register Volume 76, Number 210 (Monday, October 31, 2011)]
[Rules and Regulations]
[Pages 67057-67058]
[FR Doc No: 2011-27948]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2011-0429; Airspace Docket No. 11-AGL-9]

Amendment of Class E Airspace; Evansville, IN

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class E airspace for Evansville, IN, to
accommodate new Area Navigation (RNAV) Standard Instrument Approach
Procedures at Evansville Regional Airport. The FAA is taking this
action to enhance the safety and management of Instrument Flight Rule
(IFR) operations at the airport.

DATES: Effective date: 0901 UTC, February 9, 2012. 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: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone (817) 321-
7716.

SUPPLEMENTARY INFORMATION:

History

    On July 21, 2011, the FAA published in the Federal Register a
notice of proposed rulemaking to amend Class E airspace for Evansville,
IN, creating controlled airspace at Evansville Regional Airport (76 FR
43615) Docket No. FAA-2011-0429. Interested parties were invited to
participate in this rulemaking effort by submitting written comments on
the proposal to the FAA. No comments were received. Class E airspace
designations are published in paragraph 6005 of FAA Order 7400.9V dated
August 9, 2011, and effective September 15, 2011, which is incorporated
by reference in 14 CFR Part 71.1. The Class E airspace designations
listed in this document will be published subsequently in the Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
Part 71 by creating additional Class E airspace extending upward from
700 feet above the surface for new standard instrument approach
procedures at Evansville Regional Airport, Evansville, IN. This action
is necessary for the safety and management of IFR operations at the
airport.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation: (1) Is not a ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that 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 U.S. Code. Subtitle 1, Section 106, describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends controlled airspace for Evansville Regional Airport,
Evansville, IN.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    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 14 CFR 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 Part 71.1 of the Federal
Aviation Administration Order 7400.9V, Airspace Designations and
Reporting Points, dated August 9, 2011, and effective September 15,
2011, is amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth.

* * * * *

AGL IN E5 Evansville, IN [Amended]

Evansville Regional Airport, IN
    (Lat. 38[deg]02'18'' N., long. 87[deg]31'51'' W.)
Pocket City VORTAC
    (Lat. 37[deg]55'42'' N., long. 87[deg]45'45'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.8-mile radius of Evansville Regional Airport, and within
2.2 miles each side of the 001[deg] bearing from the airport
extending from the 6.8-mile radius to 11.2 miles north of the
airport, and within 2.2 miles each side of the 181[deg] bearing from
the airport extending from the 6.8-mile radius to 11.3 miles south
of the airport, and within 4 miles each side of the Pocket City
VORTAC 060[deg] radial extending from the 6.8-mile radius to the
VORTAC.

    Issued in Fort Worth, Texas, on October 11, 2011.
David P. Medina,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2011-27948 Filed 10-28-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 228 (Monday, November 28, 2011)]
[Rules and Regulations]
[Pages 72839-72842]
[FR Doc No: 2011-30519]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-1058]
RIN 1625-AA00

Safety Zone; Truman-Hobbs Alteration of the Elgin Joliet &
Eastern Railroad Drawbridge; Illinois River, Morris, IL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Illinois River near Morris, Illinois. This zone is intended to restrict
vessels from a portion of the Illinois River due to the Truman-Hobbs
alteration of the Elgin Joliet & Eastern Railroad Drawbridge. This
temporary safety zone is necessary to protect the surrounding public
and vessels from the hazards associated with the removal of the Elgin
Joliet & Eastern Railroad Drawbridge's old bridge piers and pier
protection cells.

DATES: This rule is effective in the CFR from November 28, 2011 until
December 9, 2011. It is effective for purposes of enforcement from 7
a.m. on November 16, 2011 until 7 a.m. on December 9, 2011.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-1058 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-1058 in the
``Keyword'' box, and then clicking ``search.'' They are 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, contact or email BM1 Adam Kraft, U.S. Coast Guard
Sector Lake Michigan, at<PHONE_NUMBER> or<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

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when an agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because there is insufficient time for the
Coast Guard to wait for a notice and comment period to run. The Coast
Guard only recently learned that the bridge project described below
will take longer than previously planned and consequently, will
continue beyond the expiration of the Coast Guard safety zone
previously established. Thus, waiting for a notice and comment period
to run would be impracticable and contrary to the public interest in
that it would prevent the Coast Guard from protecting the public and
vessels on navigable waters from the hazards associated with this
ongoing bridge construction project.
    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. For the reasons discussed in the
preceding paragraph, a 30-day notice period would be impracticable and
contrary to the public interest.

Background and Purpose

    The Truman-Hobbs alteration of the Elgin Joliet & Eastern Railroad
Drawbridge, which consists of the removal of the bridges old piers and
pier protection cells had originally scheduled to finish by November
16, 2011. However, it has fallen behind schedule and will now go until
December 9, 2011. The falling debris associated with the removal of the
bridge's piers and protection cells poses a serious risk of injury to
persons and property. As such, the Captain of the Port, Sector Lake
Michigan, has determined that the alteration project of the Elgin
Joliet & Eastern Railroad Drawbridge poses significant risks to public
safety and property and that a safety zone is necessary.

Discussion of Rule

    Because of the aforementioned hazards, the Captain of the Port,
Sector Lake Michigan, has determined that a safety zone is necessary to
protect people and vessels. The safety zone will encompass all U.S.
navigable waters of the Illinois River in the vicinity of the Elgin
Joliet & Eastern Railroad Drawbridge between Mile Marker 270.1 and Mile
Marker 271.5 of the Illinois River in Morris, IL. [DATUM: NAD 83].
    All persons and vessels shall comply with the instructions of the
Coast Guard Captain of the Port, Sector Lake Michigan, or his or her
designated representative. Entry into, transiting, or anchoring within
the safety zone is prohibited unless authorized by the Captain of the
Port, Sector Lake Michigan, or his or her designated representative.
The Captain of the Port, Sector Lake Michigan, or his or her designated
representative may be contacted via VHF-FM Channel 16 or at (414) 747-
7182.

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, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS). We conclude that this rule is not a significant
regulatory action because we anticipate that it will have minimal
impact on the economy, will not interfere with other agencies, will not
adversely alter the budget of any grant or loan recipients, and will
not raise any novel legal or policy issues. The safety zone around the
bridge project will be relatively small and exist for relatively short
duration. Thus, restrictions on vessel movement within that particular
area are expected to be minimal. Under certain conditions, moreover,
vessels may still transit through the safety zone when permitted by the
Captain of the Port or his or her designated representative.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule will 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 will affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
transit or anchor on a portion of the Illinois River at various times
between 7 a.m. on November 16, 2011 and 7 a.m. on December 9, 2011.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
rule will only be enforced while unsafe conditions exist. Recreational
Vessel traffic will be minimal due to the time of year and Commercial
traffic is well aware of this project since it has been active since
October 6, 2011. This rule will simply extend the duration of the
safety zone that originally was set to expire at 7 a.m. on November 16,
2011.
    In the event that this temporary safety zone affects shipping,
commercial vessels may request permission from the Captain of The Port,
Sector Lake Michigan, or his or her designated representative to
transit through the safety zone. The Captain of the Port or his or her
representative can be contacted via VHF-FM Channel 16 or at (414) 747-
7182. The Coast Guard will give notice to the public via a Broadcast to
Mariners that the regulation is in effect.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer 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 or more in any
one year. Though this rule will not result in such expenditure, we do
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not affect 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 concern 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 proposed 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 which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves the establishment of a
safety zone and is therefore categorically excluded under paragraph
34(g) of the Instruction.
    A final environmental analysis checklist and categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.

0
2. Add Sec.  165.T09-1058 to read as follows

Sec.  165.T09-1058  Safety Zone; Truman-Hobbs alteration of the Elgin
Joliet & Eastern Railroad Drawbridge, Morris, Illinois

    (a) Location. The safety zone will encompass all U.S. navigable
waters of the Illinois River in the vicinity of the Elgin Joliet &
Eastern Railroad Drawbridge between Mile Marker 270.1 and Mile Marker
271.5 of the Illinois River in Morris, IL. [DATUM: NAD 83].
    (b) Effective and Enforcement Period. This rule is effective and
will be enforced from 7 a.m. on November 16, 2011 until 7 a.m. on
December 9, 2011. If the alteration project is completed

before December 9, 2011, the Captain of the Port, Sector Lake Michigan,
or his or her designated representative, may suspend the enforcement of
this safety zone.
    (c) Regulations.
    (1) In accordance with the general regulations in Sec.  165.23 of
this part, entry into, transiting, or anchoring within this safety zone
is prohibited unless authorized by the Captain of the Port, Sector Lake
Michigan, or his or her designated representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port, Sector Lake Michigan, or his
or her on-scene representative.
    (3) The ``designated representative'' of the Captain of the Port,
Sector Lake Michigan, is any Coast Guard commissioned, warrant, petty
officer, or District 8 Bridge Branch Member who has been designated by
the Captain of the Port, Sector Lake Michigan, to act on his or her
behalf. The designated representative of the Captain of the Port,
Sector Lake Michigan, will be reachable via VHF-FM Channel 16 or by
calling<PHONE_NUMBER>.
    (4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port, Sector Lake Michigan, or
his or her designated representative to obtain permission to do so. The
Captain of the Port, Sector Lake Michigan, or his or her designated
representative may be contacted via VHF Channel 16 or at (414) 747-
7182. Vessel operators given permission to enter or operate in the
safety zone must comply with all directions given to them by the
Captain of the Port, Sector Lake Michigan, or his or her designated
representative.

    Dated: November 14, 2011.
M. W. Sibley,
Captain, U.S. Coast Guard, Captain of the Port, Sector Lake Michigan.
[FR Doc. 2011-30519 Filed 11-25-11; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 84, Number 106 (Monday, June 3, 2019)]
[Notices]
[Pages 25604-25605]
[FR Doc No: 2019-11499]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Membership in the National Parks Overflights Advisory Group

AGENCY: Federal Aviation Administration, (FAA), DOT.

ACTION: Solicitation of applications.

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SUMMARY: The Federal Aviation Administration (FAA) and the National
Park Service (NPS) invite interested persons to apply to fill one
current and two upcoming vacancies on the National Parks Overflights
Advisory Group (NPOAG). This notice invites interested persons to apply
to fill the openings. The current opening represents Native American
tribal concerns and the two upcoming openings represent air tour
operator interests and environmental concerns, respectively.

DATES: Persons interested in these membership openings will need to
apply by July 5, 2019.

FOR FURTHER INFORMATION CONTACT: Keith Lusk, Special Programs Staff,
Federal Aviation Administration, Western-Pacific Region Headquarters,
777 S. Aviation Boulevard, Suite 150, El Segundo, CA 90245, telephone:
(424) 405-7017, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The National Parks Air Tour Management Act of 2000 (the Act) was
enacted on April 5, 2000, as Public Law 106-181, and subsequently
amended in

the FAA Modernization and Reform Act of 2012. The Act required the
establishment of the advisory group within 1 year after its enactment.
The NPOAG was established in March 2001. The advisory group is
comprised of a balanced group of representatives of general aviation,
commercial air tour operations, environmental concerns, and Native
American tribes. The Administrator of the FAA and the Director of NPS
(or their designees) serve as ex officio members of the group.
Representatives of the Administrator and Director serve alternating 1-
year terms as chairman of the advisory group.
    In accordance with the Act, the advisory group provides ``advice,
information, and recommendations to the Administrator and the
Director--
    (1) On the implementation of this title [the Act] and the
amendments made by this title;
    (2) On commonly accepted quiet aircraft technology for use in
commercial air tour operations over a national park or tribal lands,
which will receive preferential treatment in a given air tour
management plan;
    (3) On other measures that might be taken to accommodate the
interests of visitors to national parks; and
    (4) At the request of the Administrator and the Director, safety,
environmental, and other issues related to commercial air tour
operations over a national park or tribal lands.''

Membership

    The current NPOAG is made up of one member representing general
aviation, three members representing the commercial air tour industry,
four members representing environmental concerns, and two members
representing Native American interests. Current members of the NPOAG
are as follows:
    Melissa Rudinger representing general aviation; Alan Stephen, Eric
Lincoln, and Matt Zuccaro represent commercial air tour operators; Rob
Smith, Dick Hingson, Les Blomberg, and John Eastman represent
environmental interests; and Carl Slater represents Native American
tribes with one current opening. Mr. Smith's 3-year term expires on
July 4, 2019 and Mr. Zuccaro's 3-year term expires on September 9,
2019.

Selections

    In order to retain balance within the NPOAG, the FAA and NPS are
seeking candidates interested in filling the one vacant seat
representing Native American tribal concerns and the two upcoming
vacant seats representing air tour operator interests and environmental
concerns. The FAA and NPS invite persons interested in these openings
on the NPOAG to contact Mr. Keith Lusk (contact information is written
above in FOR FURTHER INFORMATION CONTACT). Requests to serve on the
NPOAG must be made to Mr. Lusk in writing and postmarked or emailed on
or before July 5, 2019. The request should indicate whether or not you
are a member of a Native American tribe, an air tour operator
association or company, or whether you are a member of an environmental
group or association. The request should also state what expertise you
would bring to the NPOAG as related to issues and concerns with
aircraft flights over national parks and/or tribal lands. The term of
service for NPOAG members is 3 years. Current members may re-apply for
another term.
    On August 13, 2014, the Office of Management and Budget issued
revised guidance regarding the prohibition against appointing or not
reappointing federally registered lobbyists to serve on advisory
committees (79 FR 47482).
    Therefore, before appointing an applicant to serve on the NPOAG,
the FAA and NPS will require the prospective candidate to certify that
they are not a federally registered lobbyist.

    Issued in El Segundo, CA, on May 21, 2019.
Keith Lusk,
Program Manager, Special Programs Staff, Western-Pacific Region.
[FR Doc. 2019-11499 Filed 5-31-19; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 20 (Tuesday, February 2, 2021)]
[Notices]
[Pages 7865-7866]
[FR Doc No: 2021-02149]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: ER15-2594-007; ER17-953-003.
    Applicants: GridLiance High Plains LLC.
    Description: Supplement to April 5, 2019 GridLiance High Plains LLC
tariff filing.
    Filed Date: 1/19/21.
    Accession Number: 20210119-5256.
    Comments Due: 5 p.m. ET 2/9/21.

    Docket Numbers: ER17-580-002.
    Applicants: Axium Modesto Solar, LLC.
    Description: Notice of Change in Status of Axium Modesto Solar,
LLC.
    Filed Date: 1/26/21.
    Accession Number: 20210126-5163.
    Comments Due: 5 p.m. ET 2/16/21.

    Docket Numbers: ER17-1370-004; ER16-581-005; ER16-2271-004; ER16-
582-005; ER11-4535-003.
    Applicants: ENGIE Energy Marketing NA, Inc., ENGIE Portfolio
Management, LLC, ENGIE Resources LLC, ENGIE Retail, LLC, Plymouth Rock
Energy, LLC.
    Description: Notice of Change in Status of ENGIE MBR Sellers.
    Filed Date: 1/26/21.
    Accession Number: 20210126-5160.
    Comments Due: 5 p.m. ET 2/16/21.

    Docket Numbers: ER20-108-003.
    Applicants: Southwest Power Pool, Inc.
    Description: Compliance filing: Substitute 3127R1 MDU NITSA NOA and
Substitute 3127R2 MDU NITSA NOA to be effective 12/15/2019.
    Filed Date: 1/27/21.
    Accession Number: 20210127-5081.
    Comments Due: 5 p.m. ET 2/17/21.

    Docket Numbers: ER20-1987-003; ER20-2070-002; ER20-2648-002; ER20-
2690-002.
    Applicants: Cerro Gordo Wind, LLC, Jordan Creek Wind Farm LLC,
Northern Divide Wind, LLC, Wheatridge Wind II, LLC.
    Description: Notice of Non-Material Change in Status of Cerro Gordo
Wind, LLC, et al.
    Filed Date: 1/27/21.
    Accession Number: 20210127-5150.
    Comments Due: 5 p.m. ET 2/17/21.

    Docket Numbers: ER20-2054-001.
    Applicants: ISO New England Inc., Central Maine Power Company, The
United Illuminating Company, Versant Power, The Connecticut Light and
Power Company, Public Service Company of New Hampshire, NSTAR Electric
Company, Green Mountain Power Corporation, New England Power Company,
Unitil Energy Systems, Inc., Fitchburg Gas and Electric Light Company,
Vermont Electric Cooperative, Inc., Vermont Transco LLC, New Hampshire
Transmission, LLC.
    Description: Compliance filing: New England Transmission Owners;
Docket No.ER20-2054--to be effective 6/15/2021.
    Filed Date: 1/27/21.
    Accession Number: 20210127-5024.
    Comments Due: 5 p.m. ET 2/17/21.

    Docket Numbers: ER21-513-002.
    Applicants: Pacific Gas and Electric Company.
    Description: Tariff Amendment: Errata to Western Biannual Filing
(WDT SA 17) to be effective 2/1/2021.
    Filed Date: 1/27/21.
    Accession Number: 20210127-5114.
    Comments Due: 5 p.m. ET 2/17/21.

    Docket Numbers: ER21-630-000.
    Applicants: 325MK 8ME LLC.
    Description: Amendment to December 11, 2020 325MK 8ME LLC tariff
filing.
    Filed Date: 1/26/21.
    Accession Number: 20210126-5142.
    Comments Due: 5 p.m. ET 2/16/21.

    Docket Numbers: ER21-945-000.
    Applicants: Southwestern Electric Power Company.
    Description: Sec.  205(d) Rate Filing: ETEC and NTEC PSA to be
effective 3/28/2021.
    Filed Date: 1/26/21.
    Accession Number: 20210126-5135.
    Comments Due: 5 p.m. ET 2/16/21.

    Docket Numbers: ER21-946-000.
    Applicants: Southwestern Electric Power Company.
    Description: Sec.  205(d) Rate Filing: Hope PSA to be effective 3/
28/2021.
    Filed Date: 1/26/21.
    Accession Number: 20210126-5138.
    Comments Due: 5 p.m. ET 2/16/21.

    Docket Numbers: ER21-947-000.
    Applicants: Southwestern Electric Power Company.
    Description: Sec.  205(d) Rate Filing: Amended and Restated NTEC
PSA to be effective 3/28/2021.
    Filed Date: 1/26/21.
    Accession Number: 20210126-5143.
    Comments Due: 5 p.m. ET 2/16/21.

    Docket Numbers: ER21-948-000.
    Applicants: Southwestern Electric Power Company.
    Description: Sec.  205(d) Rate Filing: Revised and Restated
Prescott PSA to be effective 3/28/2021.
    Filed Date: 1/26/21.

    Accession Number: 20210126-5148.
    Comments Due: 5 p.m. ET 2/16/21.

    Docket Numbers: ER21-949-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 2829R5 Midwest Energy/Evergy
Kansas Central Meter Agent Agr to be effective 1/1/2021.
    Filed Date: 1/27/21.
    Accession Number: 20210127-5038.
    Comments Due: 5 p.m. ET 2/17/21.

    Docket Numbers: ER21-950-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Sec.  205(d) Rate Filing: Q4 2020 Quarterly Filing of
City and County of San Francisco's WDT SA (SA 275) to be effective 12/
31/2020.
    Filed Date: 1/27/21.
    Accession Number: 20210127-5073.
    Comments Due: 5 p.m. ET 2/17/21.

    Docket Numbers: ER21-951-000.
    Applicants: Wrighter Energy LLC.
    Description: Tariff Cancellation: Request to Cancel MBR Tariff to
be effective 1/28/2021.
    Filed Date: 1/27/21.
    Accession Number: 20210127-5071.
    Comments Due: 5 p.m. ET 2/17/21.

    Docket Numbers: ER21-952-000.
    Applicants: Mid-Atlantic Interstate Transmission, LLC, PJM
Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: MAIT submits Eight ECSAs, SA
Nos. 5720, 5788, 5789-5781, 5911 and 5912 to be effective 3/29/2021.
    Filed Date: 1/27/21.
    Accession Number: 20210127-5110.
    Comments Due: 5 p.m. ET 2/17/21.

    Docket Numbers: ER21-953-000.
    Applicants: Entergy Louisiana, LLC.
    Description: Sec.  205(d) Rate Filing: Entergy OpCos Reactive Power
Update to be effective 2/1/2021.
    Filed Date: 1/27/21.
    Accession Number: 20210127-5130.
    Comments Due: 5 p.m. ET 2/17/21.

    Docket Numbers: ER21-954-000.
    Applicants: Central Hudson Gas & Electric Corporation.
    Description: Sec.  205(d) Rate Filing: Revision to FERC Rate
Schedule 202 to be effective 1/20/2021.
    Filed Date: 1/27/21.
    Accession Number: 20210127-5133.
    Comments Due: 5 p.m. ET 2/17/21.

    Docket Numbers: ER21-955-000.
    Applicants: California Independent System Operator Corporation.
    Description: Sec.  205(d) Rate Filing: 2021-01-27 EIM Base Schedule
and Real Time Settlement to be effective 4/1/2021.
    Filed Date: 1/27/21.
    Accession Number: 20210127-5134.
    Comments Due: 5 p.m. ET 2/17/21.

    Docket Numbers: ER21-956-000.
    Applicants: Stonepeak Kestrel Energy Marketing LLC.
    Description: Sec.  205(d) Rate Filing: Cost Recovery filing to be
effective 3/29/2021.
    Filed Date: 1/27/21.
    Accession Number: 20210127-5135.
    Comments Due: 5 p.m. ET 2/17/21.

    Docket Numbers: ER21-957-000.
    Applicants: Bucksport Generation LLC.
    Description: Sec.  205(d) Rate Filing: Cost Recovery filing to be
effective 3/29/2021.
    Filed Date: 1/27/21.
    Accession Number: 20210127-5140.
    Comments Due: 5 p.m. ET 2/17/21.

    Docket Numbers: ER21-958-000.
    Applicants: Tri-State Generation and Transmission Association, Inc.
    Description: Sec.  205(d) Rate Filing: Amendment to Tri-State Rate
Schedule No. 93 to be effective 1/28/2021.
    Filed Date: 1/27/21.
    Accession Number: 20210127-5149.
    Comments Due: 5 p.m. ET 2/17/21.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: January 27, 2021.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2021-02149 Filed 2-1-21; 8:45 am]
BILLING CODE 6717-01-P


                      PART A OF THE SUPPORTING STATEMENT

1.	Identification of the Information Collection

(a)	Title and Number of Information Collection.

	"National Volatile Organic Compound Emission Standards for Architectural Coatings."  The Environmental Protection Agency (EPA) tracking number for this information collection request (ICR) is 1750.06.  This is a renewal of a continuing ICR, OMB No. 2060-0393, which is due to expire December 31, 2011.

(b)	Short Characterization.

	(i)	Type of collection.

	Compliance with the architectural coatings rule was required by September 1999.  The regulation requires that manufacturers and importers of architectural coatings adhere to volatile organic compound (VOC) content limits in the regulation.  Information collection requirements for manufacturers and importers complying with the VOC content limits consist of product labeling; an initial notification report, which includes an explanation of any date code used; and subsequent explanations of any date codes revised after submittal of the initial report.  The regulation does not contain any additional reporting or recordkeeping requirements unless a manufacturer or importer chooses to comply through one of the optional provisions in lieu of meeting the VOC content limits (i.e., the tonnage exemption, exceedance fee, or recycled coating credit provisions).

	The rule contains an optional tonnage exemption that allows each manufacturer and importer to exempt a specified total mass of VOC in architectural coatings.  The tonnage exemption would be used for products that do not comply with the VOC content limits and for which no exceedance fee is paid.  Additional information collection requirements for the tonnage exemption include records of VOC calculations and volumes of coating manufactured or imported and an annual report.

	The rule includes an exceedance fee alternative compliance option to provide additional compliance flexibility.  This is an economic incentive approach whereby manufacturers and importers may choose to comply with the VOC requirements in the rule by paying a fee in lieu of meeting the VOC content limits.  The per product exceedance fee is calculated based on both the volume of product manufactured or imported and the amount of VOC above the VOC content limit for that product.  Additional information collection requirements for the exceedance fee option include records of fee calculations and inputs and an annual report.

	Manufacturers and importers of recycled coatings have the option to take credit for the post-consumer coating content when determining the VOC content of the coating, which results in a less stringent control requirement.  Additional information collection requirements for the recycled coating option include records of VOC calculations, additional labeling, and an annual report.

	All records required under the rule must be retained for 3 years.

	The rule requires that the labels or lids of all subject architectural coatings display the date of manufacture, the manufacturer's recommended thinning, and the VOC content of the coating.  Many manufacturers already include this information on their coating labels as a part of normal and usual practice.  For additional flexibility, the date of manufacture can be expressed as a code and can be located either on the label, lid, or bottom of the container.  The rule also requires that the labels or lids of all subject industrial maintenance coatings display a statement indicating that industrial maintenance coatings are primarily intended for industrial and professional use.  In addition, each manufacturer and importer using the adjusted VOC content for a recycled coating is required to include a statement indicating the post-consumer coating content on the coating container label or lid.

(c)	Terms of OMB Clearance.

	The Office of Management and Budget (OMB) approved the previous ICR 1750.05 on December 2, 2008, with the following terms of clearance:  "This Collection of Information is approved. Before resubmission of this request, the Agency should update its estimates of the number of businesses subject to the requirements of the Architectural Coatings Rule. In addition, the agency should update its estimates of the burden for each business subject to these information collection requirements."

2.	Need for and Use of the Collection

(a)	Need/Authority for the Collection.

	Section 183(e) of the Clean Air Act (CAA) requires EPA to regulate categories of consumer and commercial products that account for at least 80 percent of the VOC emissions, on a reactivity-adjusted basis, in areas that violate the National Ambient Air Quality Standards for ozone.  The EPA determined that the architectural coating category is one of the largest VOC emission sources among the consumer and commercial products categories, in many States represents a significant source of unregulated VOC emissions, and that VOC emissions from the use of architectural coatings contribute to ground-level ozone formation in ozone nonattainment areas.  Therefore, EPA published standards regulating VOC emissions from architectural coatings under section 183(e) of the CAA on September 11, 1998 (40 CFR part 59, subpart D).

	The reporting, labeling, and recordkeeping activities required under the architectural coatings rule enable EPA to determine whether or not coatings manufactured or imported for sale or distribution in the United States are in compliance with the requirements in the rule.  Reports and records are used to determine whether exceedance fees (if applicable) are paid for coatings for which the manufacturer or importer has chosen the exceedance fee option.  For the tonnage exemption, the reports and records are used to ensure that the allowed exemption levels are not exceeded.  Reports, records, and product labels associated with the recycled coatings provision are used to ensure that the adjusted VOC content is calculated properly.

(b)	Practical Utility/Users of the Data

	The data collected under this ICR are essential to ensure compliance with the rule and to evaluate its effectiveness.  Specifically, Agency enforcement personnel use the information collected to:  (1) identify manufacturers and importers subject to the rule; (2) ensure that architectural coatings comply with VOC content standards, including accounting for recycled coating content; (3) verify that exceedance fees are calculated properly and paid in the correct amounts; (4) determine the volume of coating manufactured or imported for which fees are paid; (5) determine the total revenues paid in exceedance fees; and (6)  verify that the VOC content of the coatings is calculated properly for the tonnage exemption and that the exemption levels are not exceeded.  The reported information assists EPA in deciding which architectural coating manufacturers or importers should be inspected.  The requirement for date of manufacture (or date code) to be placed on coating containers is useful to EPA for comparison to manufacturers' records and reports to determine compliance with VOC content limits, and with the exceedance fee and tonnage exemption requirements.

3.	Nonduplication, Consultations, and Other Collection Criteria

(a)	Nonduplication.

	The information collected pursuant to the regulation consists primarily of the VOC content information for architectural coating products, the calculation of exceedance fees due, the calculation of total VOC emissions from particular products claimed under the tonnage exemption, and the calculation of the post-consumer coating content of recycled coatings.  This information is not collected by any other Federal agency.

 	Public Notice Required Prior to ICR Submission to OMB

	On June 27, 2011 EPA published a notice in the Federal Register (76 FR 37347) entitled, Agency Information Collection Activities: Proposed Collection; Comment Request; National Volatile Organic Compound Emission Standards for Architectural Coatings.  The purpose of the notice was to announce that EPA was planning to submit this continuing ICR to OMB for review and approval, and to solicit comments on the proposed continued collection.  EPA received no comments during the comment period.

(c)	Consultations

	Significant input and information was received from the affected industry, State and local governments, and environmental groups during development of the rule.  In addition, in preparing to submit this ICR to OMB for renewal, EPA contacted parties within the affected industry to obtain information on the universe of affected sources and feedback on accuracy of the burden estimates.

                                    TABLE 1

                                 CONSULTATIONS

	David Darling		National Paint and Coatings Association
	Madelyn Harding	Sherwin Williams
	David Mazzocco	PPG

(d)	Effects of Less Frequent Collection.

	This ICR includes a one-time initial notification report for all manufacturers and importers.  For those reporting VOC content adjusted for post-consumer coating content, an annual report is required.  For those using the tonnage exemption option, an annual report is required.  For those using the exceedance fee option, an annual report is required.  Less frequent reporting would not allow for effective or timely compliance determination.  The EPA believes annual reporting is frequent enough to provide the information needed for compliance tracking without being too burdensome on the industry or the Agency.

(e)	General Guidelines.

	This ICR adheres to the guidelines for Federal data requesters, as provided at 5 CFR 1320.6.  The regulation requires that records be maintained for 3 years.  This period of record retention is consistent with other ongoing similar programs and allows enough record history for inspectors to adequately monitor compliance.

(f)	Confidentiality.

	(i)	Confidentiality.

	All information submitted to the Agency for which a claim of confidentiality is made will be safeguarded according to the Agency policies set forth in Title 40, Chapter 1, Part 2, Subpart B--Confidentiality of Business Information (see 40 CFR 2; 41 FR 36092, September 1, 1976; amended by 43 FR 39999, September 8, 1978; 43 FR 42251, September 28, 1978; 44 FR 17674, March 23, 1979).

	(ii)	Sensitive Questions.

	This section is not applicable because this ICR does not involve matters of a sensitive nature.

4.	The Respondents and the Information Requested

(a)	Respondents/SIC and NAICS Codes.

	Respondents to this information collection are manufacturers and importers of architectural coatings.  Manufacturers of architectural coatings fall within North American Industry Classification System (NAICS) 325510, "Paint and Coating Manufacturers," and Standard Industrial Classification (SIC) 2851, "Paints, Varnishes, Lacquers, Enamels, and Allied Products."  Importers of architectural coatings fall within NAICS 424950 "Paint, Varnish and Supplies Merchant Wholesalers," and SIC 5198, "Wholesale Trade:  Paints, Varnishes, and Supplies."

(b)	Information Requested.

	(i)	Data items, including recordkeeping requirements.

	Attachment 1, Source Data and Information Requirements, summarizes the labeling, recordkeeping, and reporting requirements.  All records required under the rule must be retained for 3 years.

	(ii)  Respondent activities.

	Table 2 presents the labeling, recordkeeping and reporting activities, and burdens for the rule.  The respondent activities required by the standards are listed in the first column of Table 2.

	Several States regulate architectural coatings and require certain labeling, recordkeeping, and reporting activities.  The regulation includes similar requirements to the extent practical in order to minimize the cumulative burden to the industry.

TABLE 2.  AVERAGE ANNUAL INDUSTRY BURDEN AND COST OF REPORTING AND RECORDKEEPING
 OVER THE 3-YEAR PERIOD BEGINNING JANUARY 1, 2012, FOR MANUFACTURERS COMPLYING
                 WITH THE STANDARDS FOR ARCHITECTURAL COATINGS

                                  Burden Item
                                      (A)
                Person Hours Per Occurrence (hrs/manufacturer)
                                     (B)
                 Number of Occurrences Per Respondent Per Year
                                      (C)
               Person Hours Per Respondent Per Year (a) (C=AxB)

                               Dollars Per Houra
                                      (D)
                             Respondents per Year
                                      (E)
                         Total Hours Per Year (E=CxD)
                                      (F)
                             Total Cost Per Yearb
1.	Applications
                                Not applicable

2.	Surveys and Studies
                                Not applicable

3.	Reporting Requirements

      A.	Read Instructions
                                       2
                                       1
                                       2
                                      $86
                                      5c
                                                                             10
                                                                           $860
      B.	Gathering Existing Information
                                Included in 3.C

      C.	Write Report

            Initial Report
                                       2
                                       1
                                       2
                                      $86
                                      5c
                                                                             10
                                                                           $860
            Date Code Explanation
                                       1
                                       1
                                       1
                                      $86
                                      5c
                                                                              5
                                                                           $430
            Update Date Codes
                                       2
                                       1
                                       2
                                      $86
                                      50d
                                                                            100
                                                                         $8,600
            Recycled Coatings Report - Mass Balance
                                       6
                                       1
                                       6
                                      $86
                                     12.5e
                                                                             75
                                                                         $6,450
            Recycled Coatings Report - Formulation
                                       4
                                       1
                                       4
                                      $86
                                     12.5e
                                                                             50
                                                                         $4,300
            Exceedance Fee Annual Report
                                       8
                                       1
                                       8
                                      $86
                                      45f
                                                                            360
                                                                        $30,960
            Tonnage Exemption Annual Report
                                       8
                                       1
                                       8
                                      $86
                                      75g
                                                                            600
                                                                        $51,600
4.	Recordkeeping Requirements

      A.	Read Instructions
                                Included in 3.A

      B.	Plan Activities
                                       8
                                       1
                                       8
                                     $103a
                                      5c
                                                                             40
                                                                         $4,120
      C.	Implement Activities

            Calculate VOC content for Each Product
                                      42h
                                       1
                                      42
                                      $86
                                      5c
                                                                            210
                                                                        $18,060
            Calculate Adjusted VOC for Recycled Coatings
                                      20
                                       1
                                      20
                                      $86
                                      25i
                                                                            500
                                                                        $43,000
            Exceedance Fee - Calculations
                                      64
                                       1
                                      64
                                      $86
                                      45f
                                                                          2,880
                                                                       $247,680
            Tonnage Exemption Calculations
                                      16
                                       1
                                      16
                                      $86
                                      75g
                                                                          1,200
                                                                       $103,200
      D.	Record Data

            Recycling Volumes
                                       8
                                      12
                                      96
                                      $86
                                      25i
                                                                          2,400
                                                                       $206,400
            Exceedance Fee
                                       8
                                       1
                                       8
                                      $86
                                      45f
                                                                            360
                                                                        $30,960
            Tonnage Exemption
                                       4
                                       1
                                       4
                                      $86
                                      75g
                                                                            300
                                                                        $25,800
      E.	Time to Train Personnel
                                Not applicable

5.	Labeling
                                      67j
                                       1
                                      67
                                      $86
                                      83k
                                                                          5,561
                                                                       $478,246
            Total

                                                                         14,661
                                                                     $1,261,526

Key for Table 2

a	All tasks are assumed to be performed by a technical person ($86/hr) unless otherwise noted.  Activities planning is assumed to be performed by a manager ($103/hr).

b	Costs were calculated by multiplying the total number of hours by the hourly wages.

c	Total number of manufacturers is estimated to be 500; 1 percent or 5 new respondents per year are assumed.

d	Assumed that 10 percent of manufacturers update some date codes each year.  (500 manufacturers)(0.10) = 50 manufacturers.

e	Assumed that 5 percent of manufacturers recycle coatings (500 manufacturers)(0.05) = 25 manufacturers.  Of the 25 manufacturers, assumed half of the recycle coating manufacturers would demonstrate compliance using mass balance and the other half using formulations.

f	Based on exceedance fee reports received in 2009 (52) and 2010 (39), it is estimated that 45 exceedance fee reports will be submitted per year.

g	Assumed that 75 manufacturers will use the tonnage exemption option.

h	Based on a time estimate of 1 hour per coating product.  (1 hour/product)(42 products/manufacturer) = 42 hours/manufacturer.

i	Assumed that 5 percent of manufacturers recycle coatings.  (500 manufacturers)(0.05) = 25 manufacturers.

j	Based on an industry estimate of 320 hours needed to modify labels for a company with 200 paint products, or 1.6 hours per product.
      (1.6 hours/product)(42 products/manufacturer) = 67 hours/manufacturer.

k	Assumed that half of the manufacturers would have to modify their labels over 3 years.
	(500 manufacturers)(0.5)/(3 years) = 83 manufacturers per year.

5.	The Information Collected--Agency Activities, Collection Methodology, and Information Management.

(a)	Agency Activities.

	A list of activities required of the EPA is provided in Table 3.

(b)	Collection Methodology and Management

	The information collected under this rule will be maintained in a computerized database.  As noted in section 2(b) of this ICR, the information collected is a necessary part of compliance determination.

(c)	Small Entity Flexibility.

	Although the rule does not contain any specific small entity provisions, the rule contains two provisions that may reduce the burden of this rule on small entities.  These provisions are the exceedance fee provision and the tonnage exemption.

 (d)	Collection Schedule.

	The rule requires all manufacturers and importers of subject coatings to submit an initial notification report no later than September 13, 1999 (March 13, 2000 for products registered under the Federal Insecticide, Fungicide, and Rodenticide Act, or within 180 days after becoming subject to the rule, whichever is later.  All manufacturers and importers of subject coatings must submit an explanation of any new date code no later than 30 days after the new date code is first used.

	Manufacturers and importers choosing the recycled coating provision must submit an annual report by March 1 following the year in which the recycled coating provision is used.  Manufacturers and importers choosing the exceedance fee provision must submit an annual report by March 1 following the calendar year in which the coatings for which the fee provision is used are manufactured or imported.  Manufacturers and importers choosing the tonnage exemption must submit an annual report by March 1 of the year following the calendar year in which the exemption was claimed.

         TABLE 3.  AGENCY BURDEN FOR THE ARCHITECTURAL COATINGS RULE

                                       A
                                       B
                                       C
                                       D
                                       E
                                       F
                                    Reports
                      EPA Technical Hours Per Occurrence
                             Occurrences Per Year
                            Person Hours Per Year
                                  (Technical)
                                   C = A x B
                      Person Hours Per Year (Management)
                                 D = C x 0.05
                            Person Hours Per Year
                                  (Clerical)
                                  E = C x 0.1
                                  Total Cost
                                   Per Yeara
Initial Reportb
                                      1.0
                                       5
                                       5
                                      0.3
                                                                            0.5
                                                                           $481
Annual Report:  Manufacture of Recycled Coatings - Mass Balancec
                                      1.0
                                     12.5
                                     12.5
                                      0.6
                                                                            1.3
                                                                         $1,203
Annual Report:  Manufacture of Recycled Coatings - Formulationc
                                      0.5
                                     12.5
                                      6.3
                                      0.3
                                                                            0.6
                                                                           $602
Date Code
Reportsb
                                      0.5
                                       5
                                      2.5
                                      0.1
                                                                            0.3
                                                                           $241
Date Code Updatesd
                                      0.5
                                      50
                                      25
                                      1.3
                                                                            2.5
                                                                         $2,406
Annual Report:  Exceedance Feee
                                      4.0
                                      45
                                      180
                                       9
                                                                             18
                                                                        $17,325
Annual Report:
Tonnage Exemptionf
                                      2.0
                                      75
                                      150
                                      7.5
                                                                             15
                                                                        $14,438
Maintenance of implementation database
                                      60
                                       1
                                      60
                                       3
                                                                              6
                                                                         $5,775
Totals

                                      441
                                      22
                                                                             44
                                                                        $42,470

a	Total cost per year = (column C)($86/hr) + (column D)($103/hr) + (column E)($51/hr).

b	Total number of manufacturers is estimated to be 500; 1 percent or 5 new respondents per year are assumed.

c	Assumed 25 recycled coating manufacturers; assumed half use mass balance option and half use formulation option.

d	Assumed 10 percent of all manufacturers update some date codes each year. (500 manufacturers)(0.10) = 50 manufacturers.

e	Assumed 45 manufacturers will pay fees on some coatings (see footnote f in Table 2).

f	Assumed 75 manufacturers will use tonnage exemption option.

6.	Estimating the Burden and Cost of the Collection

(a)	Estimating Respondent Burden.

	The average annual burden estimates for reporting, recordkeeping, and labeling requirements are presented in Table 2 for all manufacturers.  These numbers were derived from estimates based on EPA's experience with other standards and from information obtained from the industry representatives listed in Table 1.  Because this is a renewal of an existing ICR, these estimates represent the average annual burden that will be incurred by the affected industry in the 3-year period beginning January 1, 2012.  The hours shown in column A of Table 2 are the burden estimate per manufacturer.

(b)	Estimating Respondent Costs.

      Table 2 also presents estimated costs for the required recordkeeping and reporting activities.  Industry labor rates are based on an average of occupational wage rates for the affected NAICS groupings 3256 and 3259 (from the United States Department of Labor, Bureau of Labor Statistics, 2006, http://data.bls.gov/oes/search.jsp?data_tool=OES).  Management wages were based on industrial production managers, technical wages were based on health and safety engineers, and clerical rates were based on production, planning, and expediting clerks.  The resultant average wage rates were: management ($45.82); technical ($38.13); and clerical ($22.85).  To estimate the actual labor costs to be used in Table 3, an overhead of 125 percent was added to the raw labor rates resulting in the following loaded labor rates:  management ($103); technical ($86); and clerical ($51).  There are no capital or O&M costs associated with the ICR.

(c)	Estimating Agency Burden and Cost.

	Because the information collection requirements were estimated as an incidental part of the standard development, no costs can be attributed to the development of the information collection requirements.  Because reporting and recordkeeping requirements on the part of respondents are required under section 183(e) of the Act, no operational costs will be incurred by the Federal government.  Examination of records to be maintained by the respondents will occur incidentally as a part of the periodic inspection of sources that is part of the EPA's overall compliance and enforcement program and is not attributable to this ICR.  The only costs that the Federal government will incur are costs associated with the review of reported information, as presented in Table 3.

	  Labor rates and associated costs are based on the hourly rates estimated above in paragraph 6.(b) as follows:  $51 for clerical personnel, $86 for technical personnel, and $103 for management personnel.  The number of management hours is assumed to equal 5 percent of the number of technical hours; the number of clerical hours is assumed to equal 10 percent of the number of technical hours (see Table 3).

 	Estimating the Respondent Universe and Total Burden and Costs

	The respondent universe consists of 500 architectural coating manufacturers.  Of these, 75 are considered large manufacturers and 425 are considered small manufacturers.  Due to importers' small market presence (less than 1 percent of total coating sales volume in 1990) and the lack of detailed product data on imported coatings, importers have not been included in this burden estimate.

	The annual respondent burden will vary depending on the actual compliance choices that are made by the manufacturer or importer.  Specifically, the burden will vary depending on whether the recycled coating, exceedance fee, or tonnage exemption provisions are chosen.

	In order to estimate the industry burden, assumptions were made about the number of manufacturers that would choose each of the optional provisions (see appropriate footnotes in Table 2).  Other assumptions were that the number of new respondents submitting the one-time Initial Notification Report and date code explanations will be 1 percent of the total respondent universe of 500, or about 5 per year.

(e)	Bottom Line Burden Hours and Cost Tables.

	(i)	Respondent Tally

	The bottom line industry burden hours and costs, presented in Table 2, are calculated by summing the total hours per year column (column E) and by summing the total cost per year column (column F).  The annual burden and cost to the industry averaged over the 3-year period beginning January 1, 2012, is 14,661 hours and $1,261,526.  This is a reduction of 1,980 hours and increase of $37,019 from the burden calculation for the ICR approved in 2008.  The hour reduction is due to the smaller estimated number of exceedance fee reports and tonnage exemption reports.  These estimates were updated based on actual reports submitted in 2009 and 2010. This is further discussed below in paragraph 6.(f), "Reasons for Change in Burden." The cost increase is due to an increase in labor rates.

	The average annual base reporting, recordkeeping, and labeling burden per manufacturer for this ICR is 29 hours (14,661 hours/500 manufacturers = 29 hours per manufacturer).  The actual burden for each manufacturer will vary depending on the compliance choices that they make.  Manufacturers that meet all of the mandatory requirements and do not select any of the optional requirements will have an annual reporting, recordkeeping, and labeling burden of approximately 12 hours (5,936 hours/500 manufacturers = 12 hours per manufacturer).

 	Manufacturers that choose the recycled coating provision will have an annual reporting, recordkeeping, and labeling burden of approximately 133 hours (3,025 hours/25 manufacturers = 121 hours per manufacturer; 12 hours + 121 hours = 133 hours per manufacturer).  Manufacturers that choose the exceedance fee provision will have an annual reporting, recordkeeping, and labeling burden of approximately 100 hours (5,280 hours/60 manufacturers = 88 hours per manufacturer; 88 hours + 12 hours = 100 hours per manufacturer).  Manufacturers that choose the tonnage exemption will have an annual reporting, recordkeeping, and labeling burden of approximately 44 hours (2,400 hours/75 manufacturers = 32 hours per manufacturer; 32 hours + 12 hours = 44 hours per manufacturer).

	The total per manufacturer reporting, recordkeeping, and labeling burden is the lowest for manufacturers that meet the VOC content limits, and would be higher for those that choose the optional tonnage exemption, exceedance fee provision, or recycled coating provision.

	(ii)	Agency Tally

	The bottom line Agency burden and cost, presented in Table 3 is calculated in the same manner as the industry burden and cost.  The estimated annual burden and cost averaged over the 3-year period beginning January 1, 2012, are 441 hours and $42,470.

	(iii)	Variations in the annual bottom line.

	No significant variations in the annual respondent burden or cost are expected over the 3-year period beginning on January 1, 2012.

(f)     Reasons for Change in Burden.

	This renewal of a continuing ICR includes the following one-time burden and cost items:  reading instructions, the initial report, explanation of date codes, planning activities, and calculating VOC content.  To develop the estimates of annual average burden, these one-time activities were averaged over 3 years, beginning after the rule has been effective for more than 5 years.  Therefore, EPA assumes that the vast majority of one-time initial reports already will have been submitted by August 2011 and only new notifications will be submitted during the period covered by this ICR renewal.  The assumptions used as a basis for the burden calculations more fully explain this concept (see footnotes in Table 2).

	We have reduced the estimated number of exceedance fee reports from 50 to 45 per year, based on actual exceedance fee reports submitted in calendar year 2009 and 2010. The number of tonnage exemption reports should be more than the number of exceedance fee reports because the tonnage exemption allows some coatings to exceed their VOC content limit without incurring an exceedance fee.

(g)    Burden Statement

	The annual public reporting and recordkeeping burden for this collection of information is estimated to average 29 hours per respondent.  The total reporting and recordkeeping burden for an individual respondent will vary depending on the compliance option(s) chosen.  Respondents meeting the VOC content limits will have the lowest reporting and recordkeeping burden.  Manufacturers and importers that choose the option of calculating an adjusted VOC content for recycled coatings, paying an exceedance fee, or exercising the tonnage exemption will have a higher reporting and recordkeeping burden.  The final rule requires an initial one-time notification from each respondent.  Respondents whose coating products have a VOC content that is less than or equal to the VOC content limits have no periodic requirements.  Respondents using the recycled coatings provision must keep records and submit annual reports.  Respondents taking advantage of the tonnage exemption must file an annual report and must maintain records for the coatings being claimed under the exemption.  Respondents paying an exceedance fee must keep records for each coating product on which fees are paid and submit an annual report.

	Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency.  This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information.  An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.  The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

	To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a docket for this ICR under Docket ID No. EPA-HQ-OAR-2011-0371, which is available for online viewing at www.regulations.gov, or in person viewing at the Air and Radiation docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, NW, Washington, D.C.  The EPA/DC 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 Reading Room is<PHONE_NUMBER>, and the telephone number for the Air and Radiation Docket Center is<PHONE_NUMBER>.  An electronic version of the public docket is available at www.regulations.gov.  This site can be used to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically.  When in the system, select "search," then key in the Docket ID Number identified above.  Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Office for EPA.  Please include the EPA Docket ID Number EPA-HQ-OAR-2011-0371 and OMB Control Number 2060-0393 in any correspondence.
                                 Attachment 1
                   Source Data and Information Requirements

                                  Requirement
                             Regulation Reference
LABELING

Date of Manufacture
                                 59.405(a)(1)

Recommendation for thinning
                                 59.405(a)(2)

VOC content
                                 59.405(a)(3)
In addition, for each industrial maintenance coating:
	One of the following statements of use
                                   59.405(b)
       For industrial use only.

       For professional use only.

       Not for residential use. or Not intended for residential use. or,

       This coating is intended for use under the following condition(s):  (Include each condition that applies to the coating.)

       Immersion in water, wastewater, or chemical solutions (aqueous and nonaqueous solutions), or chronic exposure of interior surfaces to moisture condensation;

       Acute or chronic exposure to corrosive, caustic, or acidic agents, or to chemicals, chemical fumes, or chemical mixtures or solutions;

       Repeated exposure to temperatures above 120 degrees Celsius (250 degrees Fahrenheit);

       Repeated (frequent) heavy abrasion, including mechanical wear and repeated (frequent) scrubbing with industrial solvents, cleansers, or scouring agents; or,

       Exterior exposure of metal structures and structural components

In addition, for each coating using the optional recycled coating credit:

The statement "Contains not less than X percent by volume post-consumer coating."  Where "X" is replaced with the percent, by volume, of post-consumer coating
                                   59.405(c)
RECORDKEEPING
For each coating for which the optional recycled coating credit is applied:

Minimum volume percent post-consumer coating content
                                 59.407(a)(1)

Volume of post-consumer coating received for recycling
                                 59.407(a)(2)

Volume of post-consumer coating received that was unusable
                                 59.407(a)(3)

Volume of virgin materials
                                 59.407(a)(4)

Volume of final recycled coating
                                 59.407(a)(5)

Calculation of adjusted VOC content
                                 59.407(a)(6)
For each manufacturer and importer using the optional exceedance fee provision:

A list of the coatings and the associated coating categories in Table 1 of the regulation for which the exceedance fee is used
                                 59.407(b)(1)

Calculation of the annual fee for each coating and the total annual fee for all coatings
                                 59.407(b)(2)

The VOC content of each coating
                                 59.407(b)(3)

The excess VOC content of each coating
                                 59.407(b)(4)

The total volume manufactured or imported per period for each coating
                                 59.407(b)(5)

The annual fee for each coating
                                 59.407(b)(6)

The total annual fee for all coatings
                                 59.407(b)(7)
For each manufacturer or importer using the optional tonnage exemption:

A list of all coatings and the associated coating categories in Table 1 of the regulation for which the tonnage exemption is claimed
                                 59.407(c)(1)

The VOC content of each coating for which the exemption is claimed
                                 59.407(c)(2)

The annual sales for each coating for which the exemption is claimed
                                 59.407(c)(3)

The megagrams of VOC contained in each coating for which the exemption is claimed, and for all coatings combined for which the exemption is claimed, for the time period the exemption is claimed
                                 59.407(c)(4)
REPORTS
Initial report for all manufacturers and importers:

Name and mailing address of the manufacturer or importer
                                 59.408(b)(1)

The street address of each one of the manufacturer's or importer's facilities in the U.S. producing, packaging, or repackaging any architectural coating subject to this subpart.
                                 59.408(b)(2)

List of categories of coatings in Table 1 of the regulation for which the manufacturer's or importer's coatings meet the definition
                                 59.408(b)(3)

Explanation of date code, if applicable
                                 59.408(b)(4)
Annual report for coatings for which the optional recycled coating credit is applied:

Minimum post-consumer content of coatings
                                 59.408(c)(1)

Volume of post-consumer coating received for recycling
                                 59.408(c)(2)

Volume of post-consumer coating received that was unusable
                                 59.408(c)(3)

Volume of virgin materials used
                                 59.408(c)(4)

Volume of recycled coating manufactured or imported
                                 59.408(c)(5)
Annual report for manufacturers and importers using the optional exceedance fee:

Name and address
                                 59.408(d)(1)

A list of all coatings and the associated coating categories for which the exceedance fee is being used
                                 59.408(d)(2)

VOC content of each coating that exceeds the applicable VOC content limit in Table 1 of the regulation
                                 59.408(d)(3)

Excess VOC content of each coating product for which a fee is paid
                                 59.408(d)(4)

Total annual volume of all coatings for which a fee is paid
                                 59.408(d)(5)

The annual fee for each coating
                                 59.408(d)(6)

The total annual fee for all coatings
                                 59.408(d)(7)
Annual report for manufacturers and importers using the optional tonnage exemption:

A list of all coatings and the associated coating categories in Table 1 of the regulation for which the tonnage exemption was claimed
                                 59.408(e)(1)

The VOC content of each coating for which the exemption was claimed
                                 59.408(e)(2)

The actual sales for each coating for which the exemption was claimed
                                 59.408(e)(3)

The total megagrams of VOC contained in all the coatings for which the exemption was claimed
                                 59.408(e)(4)


[Federal Register: August 7, 2009 (Volume 74, Number 151)]
[Notices]
[Page 39720-39721]
[DOCID:fr07au09-109]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60407; File No. SR-NASDAQ-2009-073]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend Its Fees Related to Orders Routed to Nasdaq via the Options
Intermarket Linkage

July 30, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that, on July 29, 2009, the NASDAQ Stock Market LLC (``NASDAQ'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend its fees related to orders routed to
NASDAQ via the Options Intermarket Linkage (``Linkage''). The text of
the proposed rule change is available from the principal office of the
Exchange, at the Commission's Public Reference Room and also on the
Exchange's Web site http://nasdaq.cchwallstreet.com/.

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

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

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

1. Purpose
    The purpose of this proposed rule change is to extend a Linkage Fee
Pilot Program that is currently in place through July 31, 2009. The
proposal will enable the pilot to remain effective through July 31,
2010. The proposed rule change makes no substantive changes to the
pilot currently in place.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
Section 6(b) of the Act \3\, in general, and with Section 6(b)(4) \4\
of the Act in particular, in that it is designed to provide for the
equitable allocation of reasonable dues, fees, and other charges among
members and other persons using its facilities. The proposed rule
change will continue the current pilot program on the same terms
currently in place.
---------------------------------------------------------------------------

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

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

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

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

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

    Because the foregoing proposed rule change: (i) Does not
significantly affect the protection of investors or the public
interest; (ii) does not impose any significant burden on competition;
and (iii) by its terms, does not become operative for 30 days from the
date on which it was filed, or such shorter time as the Commission may
designate, if consistent with the protection of investors and the
public interest, it has become effective pursuant to Section
19(b)(3)(A) of the Act \5\ and Rule 19b-4(f)(6) thereunder.\6\
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(3)(A).
    \6\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the self-regulatory organization to submit to the
Commission written notice of its intent to file the proposed rule
change, along with a brief description and text of the proposed rule
change, at least five business days prior to the date of filing of
the proposed rule change, or such shorter time as designated by the
Commission. The Exchange has satisfied this requirement.

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

    A proposed rule change filed under Rule 19b-4(f)(6) normally may
not become operative prior to 30 days after the date of filing.\7\
However, Rule 19b-4(f)(6) permits the Commission to designate a shorter
time if such action is consistent with the protection of investors and
the public interest.\8\ NASDAQ has requested that the Commission waive
the 30-day operative delay. The Exchange believes that waiving the 30-
day operative delay is consistent with the protection of investors and
the public interest in that it would enable the Exchange to continue to
assess identical fees without disruption to the marketplace. The
Commission believes such waiver is consistent with the protection of
investors and the public interest because it presents no new issues and
would allow the Linkage Fee Pilot Program to continue operating without
interruption. For this reason, the Commission designates the proposal
to be operative upon filing with the Commission.\9\
---------------------------------------------------------------------------

    \7\ 17 CFR 240.19b-4(f)(6).
    \8\ Id.
    \9\ For purposes only of waiving the 30-day pre-operative
period, the Commission has considered the proposed rule's impact on
efficiency, competition and capital formation. 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

 IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2009-073 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
    All submissions should refer to File Number SR-NASDAQ-2009-073.
This file number should be included on the subject line if e-mail is
used. To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NASDAQ-2009-073 and should
be submitted on or before August 28, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-18975 Filed 8-6-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 80, Number 219 (Friday, November 13, 2015)]
[Rules and Regulations]
[Pages 70149-70150]
[FR Doc No: 2015-28785]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.

========================================================================

Federal Register / Vol. 80, No. 219 / Friday, November 13, 2015 /
Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2015-1140; Airspace Docket No. 15-AWP-5]

Revocation of Class E Airspace; Burbank, CA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action removes Class E surface area airspace designated
as an extension to Class C airspace at Burbank-Glendale-Pasadena
Airport, Burbank, CA. After reviewing the airspace, the FAA found no
standard instrument approach procedures requiring Class E surface area
airspace designated as an extension to the Class C airspace. This
action enhances the safety and airspace management within the National
Airspace System.

DATES: Effective 0901 UTC, February 4, 2016. The Director of the
Federal Register approves this incorporation by reference action under
title 1, Code of Federal Regulations, part 51, subject to the annual
revision of FAA Order 7400.9 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.9Z, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy and ATC Regulations Group, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 29591;
telephone:<PHONE_NUMBER>. The Order is also available for inspection at
the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.9, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Steve Haga, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA 98057; 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
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 removes controlled airspace designated as an extension at
Burbank-Glendale-Pasadena Airport, Burbank, CA.

History

    On August 19, 2015, the FAA published in the Federal Register a
notice of proposed rulemaking (NPRM) to remove Class E surface area
airspace designated as an extension to Class C airspace at Burbank-
Glendale-Pasadena Airport, Burbank, CA (80 FR 50237). Interested
parties were invited to participate in this rulemaking effort by
submitting written comments on the proposal to the FAA. One comment was
received from Jeffrey Aryan, in support of the proposal.
    Class E airspace designations are published in paragraph 6003 of
FAA Order 7400.9Z, dated August 6, 2015, and effective September 15,
2015, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designation listed in this document will be published
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.9Z, Airspace Designations and
Reporting Points, dated August 6, 2015, and effective September 15,
2015. FAA Order 7400.9Z is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.9Z lists Class A, B,
C, D, and E airspace areas, air traffic service routes, and reporting
points.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 removes Class E airspace designated as an extension to Class C
airspace at Burbank-Glendale-Pasadena Airport, Burbank, CA. A review of
the airspace revealed that there are no standard instrument approach
procedures in place requiring Class E surface area airspace designated
as an extension to the Class C airspace, and, therefore, is removed
from FAA Order 7400.9Z.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
only affects air traffic procedures and air navigation, it is certified
that this rule, when promulgated, does not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

Environmental Review

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

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

Adoption of the Amendment

    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(f), 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 7400.9Z,
Airspace Designations and Reporting Points, dated August 6, 2015, and
effective September 15, 2015, is amended as follows:

Paragraph 6003 Class E Airspace Areas Designated as an Extension.

* * * * *

AWP CA E3 Burbank-Glendale-Pasadena Airport, CA [Removed]

    Issued in Seattle, Washington, on November 3, 2015.
Christopher Ramirez,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2015-28785 Filed 11-12-15; 8:45 am]
BILLING CODE 4910-13-P