[Federal Register Volume 88, Number 12 (Thursday, January 19, 2023)]
[Notices]
[Page 3448]
[FR Doc No: 2023-00909]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-96654; File No. SR-NYSEAMER-2022-53]

Self-Regulatory Organizations; NYSE American LLC; Notice of
Withdrawal of Proposed Rule Change To Amend Rule 7.19E Concerning Pre-
Trade Risk Controls

January 12, 2023.
    On November 17, 2022, NYSE American LLC (``NYSE American'') filed
with the Securities and Exchange Commission (the ``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'' or ``Exchange Act'') \1\ and Rule 19b-4 thereunder \2\ to add
additional pre-trade risk controls to Rule 7.19E. The proposed rule
change was published for comment on December 5, 2022.\3\ On January 10,
2023, NYSE American withdrew the proposed rule change (SR-NYSEAMER-
2022-53).
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 96403 (November 29,
2022), 87 FR 74459 (December 5, 2022). Comments received on the
proposal are available on the Commission's website at: https://www.sec.gov/comments/sr-nyseamer-2022-53/srnyseamer202253.htm.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\4\
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    \4\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-00909 Filed 1-18-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: July 12, 2010 (Volume 75, Number 132)]
[Notices]
[Page 39683-39691]
[DOCID:fr12jy10-41]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2010-0126; FRL-9174-2]

Clean Water Act Section 312(b): Notice Seeking Stakeholder Input
on Petition and Other Request To Revise the Performance Standards for
Marine Sanitation Devices

AGENCY: Environmental Protection Agency.

ACTION: Notice of petition and other request for rulemaking; request
for comments.

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SUMMARY: This action notifies the public that the Environmental
Protection Agency (EPA or ``the Agency'') has received a petition for
rulemaking from Friends of the Earth (FOE) and another separate request
for rulemaking under section 312 of the Clean Water Act (CWA). In
general these rulemaking-related requests ask EPA to revise its
regulations establishing performance standards for vessel sewage
treatment devices under the CWA. The rulemaking petition from FOE also
requests that EPA establish monitoring, recordkeeping and reporting
requirements under the CWA to ensure compliance with the performance
standards. EPA has not made a decision on whether to grant or deny the
rulemaking requests, nor is the Agency proposing any changes to the
performance standards or other provisions of its regulations at this
time. Rather, the purpose of today's Notice is simply to make the
public aware of the issues raised in the requests for rulemaking and to
obtain the public's input, in the form of comment and relevant
information, to help EPA determine appropriate action in response to
each of these requests. In particular, EPA seeks input regarding: The
universe of vessels operating on navigable waters that use sewage
treatment devices; technical information on the performance,
effectiveness and costs of vessel sewage treatment devices, including
performance testing data; suggestions on what, if any, changes to the
performance standards might be appropriate; and information on
monitoring, recordkeeping and reporting approaches for vessel sewage
discharges.

DATES: Comments must be received on or before November 9, 2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-
2010-0126, by one of the following methods:
    1. http://www.regulations.gov: Follow the online instructions for
submitting comments.
    2. E-mail<EMAIL_ADDRESS>Attention Docket ID No. EPA-HQ-OW-
2010-0126,
    3. U.S. Mail: Water Docket, U.S. Environmental Protection Agency,
Mailcode: 2822-1T, 1200 Pennsylvania Ave., NW., Washington, DC 20460,
Attention: Docket ID No. EPA-HQ-OW-2010-0126. Please include a total of
two copies in addition to the original.
    4. Hand Delivery or Courier Service: Water Docket, EPA Docket
Center, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington,
DC 20004, Attention: Docket ID No. EPA-HQ-OW-2010-0126. Such deliveries
are only accepted during the Docket's normal hours of operation, and
special arrangements should be made for deliveries of boxed
information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OW-2010-
0126. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://
www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA

Docket Center homepage at http://www.epa.gov/epahome/dockets.htm. For
additional instructions on submitting comments, go to Unit I.B and Unit
VI of the SUPPLEMENTARY INFORMATION section of this document.
    Docket: All documents in the docket are listed in the http://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Water Docket. The
Office of Water (OW) Water Docket Center is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The Water Docket
telephone number is<PHONE_NUMBER>, and the Docket's address is Water
Docket, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington,
DC 20004. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal holidays. The telephone number
for the Public Reading Room is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Kathryn Benz, U.S. Environmental
Protection Agency Headquarters, Office of Water, Office of Wetlands,
Oceans, and Watersheds, Mailcode: 4504T, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    Today's Notice does not contain, modify or establish any regulatory
requirements, nor does it discuss any specific regulatory options. This
Notice simply: (1) Notifies the public that EPA has received a petition
for rulemaking and another separate request for rulemaking
(collectively, ``rulemaking requests'') asking the Agency to revise the
performance standards for marine sanitation devices (MSDs) (devices
that treat vessel sewage) under section 312(b)(1) of the CWA and
provides a summary of those requests, and (2) seeks comment, technical
input, and factual information on issues associated with the requests.
    Today's Notice will be of interest to the general public, State
agencies, other Federal agencies, manufacturers of MSDs, independent
laboratories, and owners or operators of commercial and recreational
vessels with toilets installed onboard that operate on U.S. navigable
waters. This listing is not intended to be exhaustive, but rather
provides a guide for readers to identify which entities might be
interested in this Notice. Other types of entities not listed here
might also be interested in this Notice.

B. What should I consider as I prepare my comments for EPA?

1. Submitting Confidential Business Information (CBI)
    Do not submit CBI to EPA through http://www.regulations.gov or e-
mail. For CBI information on a disk or CD-ROM that you mail to EPA,
mark the outside of the disk or CD-ROM as CBI and then identify
electronically within the disk or CD-ROM the specific information that
is claimed as CBI. In addition to one complete version of the comment
that includes information claimed as CBI, a copy of the comment that
does not contain the information claimed as CBI must be submitted for
inclusion in the public docket. Information marked as CBI will not be
disclosed except in accordance with procedures set forth in 40 CFR Part
2. Additional information on submitting CBI for purposes of this Notice
is included in Unit VI of the SUPPLEMENTARY INFORMATION section of this
document.
2. Tips for Preparing Your Comments
    When submitting comments, please:
     Identify this Notice by docket number and other
identifying information (subject heading, Federal Register date, and
page number).
     Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree; suggest alternatives;
and provide reasons for your suggested alternatives.
     Describe any assumptions and provide any technical
information and/or data that you used.
     If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
     Provide specific examples to illustrate your concerns and
suggest alternatives.
     Explain your views as clearly as possible.
     Make sure to submit your comments and any supporting
information/data by the comment period deadline identified in this
Notice.

C. How can I get copies of this document and other related information?

    1. Docket. EPA has established an official public docket for this
Notice under Docket ID. No. EPA-HQ-OW-2010-0126. The official public
docket consists of the documents specifically referenced in this
Notice, any public comments received, and other information related to
this Notice. Although a part of the official docket, the public docket
does not include CBI or other information whose disclosure is
restricted by statute. The official public docket is the collection of
materials that is available for public viewing at the Water Docket, EPA
West, Room 3334, 1301 Constitution Ave., NW., Washington, DC 20004.
This Docket Facility is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The Docket telephone number
is<PHONE_NUMBER>. A reasonable fee will be charged for copies.
    2. Electronic Access. An electronic version of the public docket,
including this Federal Register document, is available through EPA's
electronic public docket and comment system. You may access the public
docket at http://www.regulations.gov to view public comments, to access
the index listing of the contents of the official public docket, and to
access those documents in the public docket that are available
electronically. For additional information about EPA's public docket,
visit the EPA Docket Center homepage at http://www.epa.gov/epahome/
dockets.htm. Although not all docket materials may be available
electronically, you may still access any of the publically available
docket materials through the Docket Facility identified in Unit I.C(1).

II. Regulation of Sewage Discharges From Vessels Under the Clean Water
Act

A. Relationship Between Clean Water Act Sections 312 and 402

    The Clean Water Act (CWA) is the centerpiece of Federal legislation
addressing the discharge of pollutants into waters of the United
States. Section 301(a) of the CWA provides that ``the discharge of any
pollutant by any person shall be unlawful'' unless the discharge is in
compliance with certain other sections of the Act. 33 U.S.C. 1311(a).
The CWA defines ``discharge of a pollutant'' as ``(A) any addition of
any pollutant to navigable waters from any point source, (B) any
addition of any pollutant to the waters of the contiguous zone or the
ocean from any point source other than a vessel or other floating

craft.'' 33 U.S.C. 1362(12). A ``point source'' is a ``discernible,
confined and discrete conveyance'' and includes a ``vessel or other
floating craft.'' 33 U.S.C. 1362(14). One way a person may discharge a
pollutant without violating the section 301 prohibition is to obtain a
National Pollutant Discharge Elimination System (NPDES) permit under
section 402. 33 U.S.C. 1342.
    While EPA has issued an NPDES Vessel General Permit (VGP) for
discharges incidental to the normal operation of certain vessels,
vessel sewage discharges within the meaning of CWA section 312 are not
subject to NPDES permitting and are thus excluded from coverage under
the VGP. This is because, while sewage is defined as a ``pollutant''
under the CWA, sewage from vessels within the meaning of section 312,
which includes graywater in the case of commercial vessels operating on
the Great Lakes, is exempt from this statutory definition. 33 U.S.C.
1322(a)(6); 33 U.S.C. 1362(6). As a result, vessel owners/operators are
not required to obtain NPDES permits before discharging this waste.\1\
Rather, Congress enacted a separate non-permitting scheme--CWA section
312--to regulate the discharge of sewage from vessels.
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    \1\ Note, however, that commercial vessels greater than 79 feet
in length which are not operating on the Great Lakes need to obtain
coverage under EPA's recently issued VGP if the vessel discharges
graywater combined with sewage in one effluent stream. Under the
VGP, discharges of graywater that contain sewage are eligible for
coverage under the permit (except for those discharges from
commercial vessels in the Great Lakes) and must meet the discharge
limitation requirements in Parts 2 and 5 (if applicable), as well as
any applicable CWA section 312 requirements for sewage.
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B. CWA Section 312

    CWA sections 312(a)-(m) provide the framework under which EPA and
the U.S. Coast Guard regulate sewage discharges from vessels. Section
312(h) prohibits vessels equipped with installed toilet facilities from
operating on the navigable waters (which include the three mile
territorial seas), unless the vessel is equipped with an operable MSD
certified by the Coast Guard to meet applicable performance standards.
33 U.S.C. 1322(h). The CWA defines a ``marine sanitation device'' as
``any equipment for installation on board a vessel which is designed to
receive, retain, treat, or discharge sewage, and any process to treat
such sewage.'' 33 U.S.C. 1322(a)(5). ``Sewage'' is ``human body wastes
and the wastes from toilets and other receptacles intended to receive
or retain body wastes'' and includes graywater discharges from
commercial vessels (as defined at 33 U.S.C. 1322(a)(10)) operating on
the Great Lakes. 33 U.S.C. 1322(a)(6). Discharges of graywater from
non-commercial vessels on the Great Lakes, and from all vessels
operating outside of the Great Lakes, are not regulated under CWA
section 312.
    The provisions of section 312 are implemented jointly by EPA and
the Coast Guard. EPA sets performance standards for MSDs and is
involved in the establishment of no discharge zones (NDZs) for vessel
sewage. 33 U.S.C. 1322(b) and (f). The Coast Guard is responsible for
developing regulations governing the design, construction,
certification, installation and operation of MSDs, consistent with
EPA's standards. 33 U.S.C. 1322(b) and (g).
    Unlike the section 402 NPDES program, States have a limited role in
implementing the section 312 vessel sewage program. Except in the case
of houseboats (as defined at CWA section 312(f)(1)(B)), States may not
adopt or enforce any statute or regulation of the State or a political
subdivision with respect to the design, manufacture, installation, or
use of any MSDs. States may, in certain circumstances, request that EPA
establish NDZs for vessel sewage or, after required findings are made
by EPA, establish such zones themselves. See generally 33 U.S.C.
1322(f); see also Unit II.A.3 of the SUPPLEMENTARY INFORMATION section
of this document.
    The CWA also vests the Coast Guard and States with authority to
enforce the provisions of section 312 and its implementing regulations.
33 U.S.C. 1322(k). Persons who tamper with an installed certified MSD,
or who operate vessels subject to section 312 without operable MSDs,
are subject to civil penalties of up to $5,000 and $2,000,
respectively, for each violation; manufacturers who sell a non-
certified MSD, or who sell a vessel subject to section 312 that is not
equipped with a certified MSD, are subject to civil penalties of up to
$5,000 for each violation. See 33 U.S.C. 1322(j).
1. No Discharge Zones
    Section 312 authorizes the establishment of NDZs, areas in which
both treated and untreated sewage discharges from vessels are
prohibited. See 33 U.S.C. 1322(f). States may establish an NDZ for some
or all of their waters if EPA determines that ``adequate facilities for
the safe and sanitary removal and treatment of the sewage from all
vessels are reasonably available.'' 33 U.S.C. 1322(f)(3). States may
also request that EPA establish NDZs by rulemaking (1) if EPA
determines that the protection and enhancement of the quality of the
waters warrants such a prohibition, or (2) to prohibit the discharge of
vessel sewage into a drinking water intake zone. 33 U.S.C.
1322(f)(4)(A)-(B). Additional information on NDZs can be found by
visiting the following EPA Web site: http://www.epa.gov/owow/oceans/
regulatory/vessel_sewage/vsdnozone.html.
2. EPA Performance Standards (40 CFR Part 140)
    Section 312(b)(1) of the CWA provides that ``after giving
appropriate consideration to the economic costs involved, and within
the limits of available technology, [EPA] shall promulgate Federal
standards of performance for marine sanitation devices * * * which
shall be designed to prevent the discharge of untreated or inadequately
treated sewage into or upon the navigable waters * * *''. 33 U.S.C.
1322(b)(1). Further, the standards must be consistent with maritime
safety and marine and navigation laws and regulations. Id. Following
this mandate, EPA finalized the performance standards for MSDs on
January 29, 1976. The regulations promulgated at 40 CFR 140.3
distinguish between (1) MSDs discharging in freshwaters whose inlets or
outlets prevent ingress or egress by vessel traffic subject to the
regulations, or in rivers that are not capable of navigation by
interstate vessel traffic subject to the regulations, and (2) MSDs
discharging in all other water bodies.
    In freshwaters not subject to ingress or egress by vessel traffic
or in rivers that are not capable of interstate vessel traffic, no
discharge of sewage is allowed. To meet this requirement, all vessels
with installed toilets operating in these water bodies must be equipped
with a device that prevents the discharge of treated or untreated
sewage (i.e., a holding tank), or the operator must secure the
treatment device so as to prevent the discharge of sewage. See 40 CFR
140.3(a)(1).
    EPA set separate performance standards for MSDs discharging in all
other water bodies. On or before January 30, 1980, if the MSD had a
discharge, it was required to produce an effluent with no visible
floating solids and a fecal coliform bacterial count not greater than
1,000 per 100 milliliters (mL). See 40 CFR 140.3(a)(2). After January
30, 1980, EPA generally required MSDs which have a discharge to produce
an effluent with a fecal coliform bacterial count not greater than 200
per 100 mL, and no more than 150 milligrams (mg) total suspended solids
per liter. See 40 CFR 140.3(d). See also 40 CFR 140.3(b) (describing
applicability of performance

standards to vessels owned and operated by the U.S. Department of
Defense), and 40 CFR.140.3(e) and (f) (describing applicability of
performance standards to certain vessels).
3. Coast Guard's Regulation of MSDs (33 CFR Part 159)
    Under the CWA, the Coast Guard is responsible for promulgating
regulations governing the design, construction, installation, and
operation of MSDs based on EPA's performance standards. 33 U.S.C.
1322(b) and (g). This responsibility includes certification of MSDs.
There are currently three types of MSDs: \2\
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    \2\ Section 312 allows the Coast Guard, after consultation with
EPA, to ``distinguish among classes, type, and sizes of vessels as
well as between new and existing vessels, and may waive
applicability of standards and regulations as necessary or
appropriate for such classes, types and sizes of vessels.'' 33
U.S.C. 1322(c)(2). Pursuant to this authority, the Coast Guard
established three different categories of MSDs with different
applications of EPA's performance standards. See generally 33 CFR
159.53.
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     Type I MSDs are flow-through treatment devices that
commonly use maceration and disinfection for the treatment of sewage.
Type I devices may be installed only on vessels less than or equal to
65 feet in length. The performance standard applied to Type I MSDs is
to produce an effluent with no visible floating solids and a fecal
coliform bacterial count not greater than 1,000 per 100 mL.
     Type II MSDs are also flow-through treatment devices,
which may employ biological treatment and disinfection, although some
Type II MSDs use maceration and disinfection. Type II MSDs may be
installed on vessels of any length. The performance standard applied to
Type II MSDs is to produce an effluent with a fecal coliform bacterial
count not greater than 200 per 100 mL, and no more than 150 mg total
suspended solids per liter.
     Type III MSDs are holding tanks, where sewage is stored
until it can be disposed of shore-side or at sea (beyond three miles
from shore). Type III MSDs may be installed on vessels of any length.
    The Coast Guard may certify a product line of MSDs for vessel
installation and use if the production-quality model MSD complies with
Coast Guard's design and testing criteria (33 CFR part 159), as
confirmed by testing conducted at a Coast Guard-accepted independent
laboratory. After Coast Guard review and certification, each MSD model
is designated a certification number and issued a Certificate of
Approval, typically valid for five years. MSDs manufactured during the
certification period are deemed to have met the relevant performance
standards and certification requirements and may be installed on
vessels. During vessel inspections, the Coast Guard may examine an MSD
to ensure that it is operable. 33 U.S.C. 1322(h)(4).
    The Coast Guard's regulations at 33 CFR part 159 apply to MSDs
offered for sale or resale, or imported into the United States for sale
or resale, and to vessels that have toilets and MSDs installed onboard
and operate in the navigable waters. In addition to CWA section 312,
and as further described in Unit V in the SUPPLEMENTARY INFORMATION
section of this document, sewage discharges from certain vessels may
also be subject to regulation under other statutes or international
treaties including the Departments of Labor, Health and Human Services,
and Education, and Related Agencies Appropriations Act, 2001, also
known as ``Title XIV'' (applies to certain cruise ships operating in
Alaska), and/or Annex IV to the ``International Convention for the
Prevention of Pollution from Ships, 1973, as modified by the Protocol
of 1978 relating thereto'' (``MARPOL'') (applies if the vessel's flag
State is a party to Annex IV).

III. Summary of Rulemaking Requests

    EPA received the following petition for rulemaking and other
separate request for rulemaking asking the Agency to revise its
regulations establishing performance standards under section 312(b) of
the CWA:

A. Friends of the Earth Petition

    On April 28, 2009, pursuant to the Administrative Procedure Act,
Friends of the Earth (FOE) petitioned EPA to initiate rulemaking to
revise the regulations containing the CWA section 312(b) performance
standards for Type II MSDs. FOE also requests that EPA establish
``strong'' monitoring, recordkeeping and reporting requirements
pursuant to CWA section 312 to ensure compliance with the performance
standards.

B. Other Request for Rulemaking

    EPA received separate letters forwarded by Representative C.W. Bill
Young (Florida, 10th District) and Senator Bill Nelson (Florida), dated
December 10, 2008, and April 9, 2009, respectively, on behalf of their
constituent, Charles B. Husick. In general, Mr. Husick requests that
EPA: (1) Establish new performance standards for Type I MSDs (installed
on vessels less than or equal to 65 feet in length); and (2) revise the
existing regulations at 40 CFR Part 140 to allow certain vessels
equipped with MSDs that meet the revised performance standards to
discharge in tidal waters, including areas designated as NDZs, except
those water bodies where it could be demonstrated that discharges of
effluent meeting the proposed performance standards would cause
``measurable harm to the aquatic environment.''

C. Documents Cited in Rulemaking Requests

    Both FOE and Mr. Husick assert that the CWA section 312(b)
performance standards are outdated, and that available technology can
meet more stringent standards than the current requirements for MSDs.
To support these contentions, Mr. Husick cites a draft report (now
final) detailing performance evaluation tests performed by EPA on two
Type I MSD models (EPA final report, ``Performance Evaluation of Type I
Marine Sanitation Devices'' (2010), available at: http://www.epa.gov/
ORD/NRMRL/pubs/600r10008/600r10008.pdf; also available in the docket
for this Notice), and FOE primarily cites data contained in EPA's
``Cruise Ship Discharge Assessment Report'' (2008) that assessed waste
streams from cruise ships operating in Alaska, and analyzed the
environmental management, including treatment, of those waste streams
(available at:  http://www.epa.gov/owow/oceans/cruise_ships/cruise_
ship_disch_assess_report.html; also available in the docket for this
Notice).

D. Status of the Rulemaking Requests

    On May 14, 2009, EPA sent a response to FOE acknowledging receipt
of the petition. EPA also provided responses to Representative Young
and Mr. Husick on March 12, 2009, and June 10, 2009, respectively. In
the letters to Mr. Husick and Representative Young, EPA noted that the
Agency would consider Mr. Husick's opinions and requests about
performance standards for Type I MSDs. In response to Mr. Husick's
request that EPA revise the regulations at 40 CFR part 140 to allow
certain vessels equipped with devices that meet revised performance
standards to discharge in tidal waters, including areas designated as
NDZs, EPA's letter noted that the CWA does not currently provide EPA
with the authority to allow this request with respect to NDZs. In
particular, EPA's letter noted that CWA section 312(f)(3) provides that
a ``State may completely prohibit the discharge from all vessels of any
sewage, whether treated or not * * *''. FOE's petition, the letters
forwarded by Representative Young and Senator Nelson to the

Agency on behalf of Mr. Husick, and EPA's initial responses to these
requests are available in the docket for this Notice.

IV. Request for Public Input and Comment

    There are a number of complex issues that EPA, in consultation with
the Coast Guard, would need to consider should EPA decide to initiate
rulemaking. These issues include, for example, how to minimize, as
appropriate, any potential inconsistencies between domestic or
international laws that regulate discharges of vessel sewage and any
revisions to the CWA section 312 program. Based on these complexities,
EPA is seeking public input as it determines how best to respond to the
rulemaking requests.
    We welcome public input on all technical and programmatic issues
that the public believes warrant our consideration in determining how
to respond to the rulemaking requests, and what, if any, changes to the
performance standards for MSDs are appropriate. In particular, we are
interested in obtaining information and data on vessel sewage treatment
devices that have undergone rigorous, verifiable and repeatable testing
or evaluation. Furthermore, we are interested in any analytical data
obtained from treated sewage samples taken at the point of discharge
from treatment devices installed onboard vessels. The Agency is already
coordinating with the Coast Guard to collect such existing information.
Today's Notice is intended to ensure we obtain early public input and
all relevant and currently available information to inform any future
Agency decisions.
    As previously noted, in addition to regulation under CWA section
312, sewage discharges from certain vessels may also be subject to
regulation under a variety of other statutes or international treaties,
including Title XIV and/or MARPOL Annex IV. It is important to consider
these regimes when providing data and responding to the categories and
questions posed below. For additional information on Title XIV and
MARPOL Annex IV, please refer to Unit V in the SUPPLEMENTARY
INFORMATION section of this document.
    While we welcome information and comments on all issues related to
the rulemaking requests and potential revisions to the performance
standards for MSDs, we especially would appreciate input, in the form
of public comment, relevant information or data, on topics outlined in
the following categories:
    CATEGORY 1--What existing public or private data sources are
available for use in identifying, categorizing, and describing:
    A. The numbers, types, and service of foreign-flagged and domestic
vessels currently operating in U.S. navigable waters that have toilets
installed onboard?
    B. Of the domestic-flagged vessels described in response to inquiry
(1.A) above, how many have one (or more) of the following sewage
treatment devices installed onboard:
     Type I MSD?
     Type II MSD?
     Type III MSD?
    C. Of the foreign-flagged vessels described in response to inquiry
(1.A) above, how many have one (or more) of the following sewage
treatment devices installed onboard: \3\
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    \3\ The CWA defines a ``marine sanitation device'' as ``any
equipment for installation on board a vessel which is designed to
receive, retain, treat, or discharge sewage, and any process to
treat such sewage.'' 33 U.S.C. 1322(a)(5). Under this definition,
Sewage Treatment Plants, Sewage Comminuting and Disinfecting
Systems, or Sewage Holding Tanks are all types of MSDs. However,
these terms have distinct applications under the CWA and MARPOL
Annex IV regimes. Therefore, vessel sewage treatment devices are
referred to as MSDs for purposes of the CWA, and in the context of
MARPOL Annex IV, vessel sewage treatment devices are referred to as
Sewage Treatment Plants, Sewage Comminuting and Disinfecting Systems
or Sewage Holding Tanks.
---------------------------------------------------------------------------

     Type II MSD (or) Sewage Comminuting and Disinfecting
System?
     Type III MSD (or) Sewage Holding Tank?
     Sewage Treatment Plant (STP)?
    D. Of those foreign-flagged vessels with STPs described in response
to inquiry (1.C) above, how many have devices that are:
     Certified to meet the MARPOL Annex IV effluent standards
and performance tests adopted in Resolution MEPC.2(VI)?
     Certified to meet the MARPOL Annex IV effluent standards
and performance tests adopted in Resolution MEPC.159(55)?
    Desirable input under this category would include either citations
to databases or documents where such information is available, or the
submission of actual information on vessel numbers and categories with
citations to the source data. If submitting actual information or data
on vessel numbers or categories, please also include information that
describes the vessels. Examples of useful information include: Whether
the vessel is domestic or foreign-flagged; whether the vessel is used
in recreational, public or commercial service; if the vessel is used in
commercial service, the nature of the service; the size (i.e., length
and tonnage) of the vessel, the number of persons the vessel is
certified to carry, and the rated capacity of the vessel's sewage
treatment device. This information would be useful to the Agency in
identifying and categorizing the universe of vessels affected by any
potential revisions to the performance standards. Information or
suggestions on how to obtain this information for foreign-flagged
vessels would be especially useful.
    CATEGORY 2--What existing product information or performance data
is available for:
    A. MSDs certified to meet the performance standards and testing
requirements described at 33 CFR Part 159? (Please Note: EPA is seeking
input on information that is not currently contained in the Coast
Guard's certification files.)
    B. STPs that have been tested and received Certificates of Type
Approval certifying that the device meets the MARPOL Annex IV effluent
standards and performance tests in either Resolution MEPC.2(VI) or
Resolution MEPC.159(55)?
    Citations to databases or documents where available, or the
submission of actual product information, product literature (e.g.,
operating manual or guidance), and performance data for the device,
together with supporting citations to the underlying data, would be
helpful. Table 1 lists specific information of interest.

                                 Table 1
------------------------------------------------------------------------
                                     Performance data  (Please note: EPA
    General product information      is interested in analytical data in
                                         their entirety, if possible)
------------------------------------------------------------------------
 Manufacturer name and        Certification testing
 contact information (address,        date(s).
 phone/fax number, e-mail address,    Testing location:
 Web site address).                   laboratory or on vessel.
 Model name/number.           Testing methodology/
 Type I, II or III (MSD       testing protocol used, including
 only).                               the analyte test methods used
                                      (e.g., a given EPA or ISO test
                                      method).
 Date when Certificate of     Information regarding the
 Type Approval was issued (and copy   volume of process water added per
 of Certificate, if available).       unit volume of raw influent.
 Certifying country/body.     Influent and effluent
                                      total suspended solids (TSS)
                                      concentrations.
 Rated capacity.              Influent and effluent
                                      thermotolerant coliform
                                      concentrations.
 Pretreatment method (if      Influent and effluent e.
 any).                                coli concentrations.
 Treatment method (if any).   Influent and effluent
                                      enterococci concentrations.
 Disinfection method (if      Influent and effluent
 any).                                biological oxygen demand over five
 System designed to treat     days (BOD5).
 graywater only, sewage only, or      Influent and effluent
 combined graywater and sewage;       chemical oxygen demand (COD).
 source of graywater (if              Where available, influent
 applicable).                         and effluent nutrient
 Vacuum or gravity feed.      concentrations (e.g., total
 Flushwater: Fresh, salt,     phosphorus, orthophosphate, total
 or both.                             nitrogen, total Kjeldahl nitrogen,
 Ability for the system to    ammonia nitrogen,
 treat nutrients (e.g., nitrogen,     Nitrate+Nitrite).
 phosphorous, etc.) (if any) or       Effluent pH.
 other pollutants for which limits    Effluent total residual
 do not exist under the existing      chlorine/total residual oxidant.
 CWA 312 standards.
                                      Number of samples
                                      collected in any given test run or
                                      sampling period.
                                      Number of zero or non-
                                      detected values (include MDL and
                                      MRL) in any given test run or
                                      sampling period.
                                      Laboratory name and
                                      contact information (address,
                                      phone/fax number, e-mail address).
                                      Data on potential
                                      differences in the equipment's
                                      ability to treat a combined
                                      graywater and sewage influent
                                      versus a sewage-only influent (if
                                      applicable).
------------------------------------------------------------------------

    EPA is also interested in any information about the installation
requirements, limitations, and costs associated with the sewage
treatment devices. Examples of useful information include:
     The costs of the devices (including initial capital costs,
installation costs, and operation and maintenance costs), the extent to
which these costs vary based on the type or class of vessel, and the
number of vessels on which the device has been installed.
     The difficulty or ease of installing these devices on
either new or existing vessels (including whether installation requires
dry docking, and if so, for how long, and how much space is required
onboard a vessel for these devices to operate).
     Any limitations on the use of a device with regard to
vessel length, tonnage, type of service, treatment volume or flow
rates, power requirements, influent salinity, crew training needs or
safety concerns, and the expected lifespan of the device once
installed.
    This information would be useful to the Agency in determining
whether there are available vessel sewage treatment devices that can
achieve more stringent standards than the existing CWA section 312(b)
performance standards, and what limitations in technology might exist.
This information would also be useful to the Agency should it decide to
consider the need for regulation of other pollutants (e.g., nutrients,
metals) contained in vessel sewage waste streams, and the degree to
which available devices are able to treat these additional pollutants.
    Please note that for category 2, EPA is most interested in data,
information or public comment on devices that have received
certification from a competent authority (e.g., either a Certificate of
Approval issued by the Coast Guard or a Certificate of Type Approval
issued by a certifying body pursuant to MARPOL Annex IV), or have
undergone equally rigorous independent testing or evaluation.
    CATEGORY 3--Are you aware of any existing information about other
countries' domestic laws that establish standards or discharge
limitations for vessel sewage?
    Citations to the relevant laws or submission of the actual text
describing the standards or discharge limitations would be useful.
Other examples of helpful information under this category include:
Descriptions of the types of vessels (e.g., commercial, recreational
and/or public vessels) and the discharges covered by the domestic
regulatory regime; the geographic scope of such regimes; the specific
nature of the regulatory standards or limitations; and the technical
basis for such standards or limitations. This information would be
useful as the Agency considers whether, and, if so, how to revise the
MSD performance standards and what technical and/or operational
limitations might exist based on other countries' efforts to regulate
vessel sewage discharges. Please note that for this inquiry EPA is
primarily interested in other countries' domestic standards or
discharge limitations for vessels operating in their waters or flying
their flag, and that we already have information on relevant
international treaty requirements (e.g., the MARPOL Annex IV effluent
standards; see Unit V of the SUPPLEMENTARY INFORMATION section of this
document for a summary description of MARPOL Annex IV).
    CATEGORY 4--Given existing international and Federal limitations
and controls regulating discharges of sewage from vessels, and in light
of the numerous CWA section 312 State-established NDZs, should EPA
consider revisions to the performance standards for MSDs, and what
should be the basis for such a decision?
    Readers are again invited to refer to illustrative examples of
relevant statutes and treaties that are briefly summarized in Unit V of
the SUPPLEMENTARY INFORMATION section of this document. Helpful
comments under this category would address what revisions to the

performance standards might be necessary and for which type(s) of MSD
(e.g., Type I versus Type II, or both), and what are the impacts, both
positive and negative, of revising the current CWA section 312
performance standards. This information would be useful to the Agency
as it considers relative priorities for possible rulemaking, and in the
event that EPA grants either rulemaking request, this information would
also be helpful as the Agency determines how to best minimize
inconsistencies with other applicable regulatory regimes.
    CATEGORY 5--What existing information is available on the current
practices, protocols or regulatory approaches to testing, monitoring
and/or reporting sewage discharges from vessels, and what, if any, are
the practical limitations or burdens associated with these practices?
    Desirable input under this category would include information on if
and how sewage effluent is currently monitored or tested and how data
are reported to regulatory bodies, either voluntarily or to meet
regulatory requirements. Desirable information also includes the
specific parameters monitored or tested, costs associated with the
testing, monitoring and recordkeeping practices, the cost of any vessel
retrofitting to allow for the testing and monitoring, the frequency of
testing and/or monitoring, and information on the use/availability of
sewage alarm monitors. Helpful information also includes what other
measures are being used to verify performance and to assess whether the
sewage treatment device is properly operating or functioning once
installed onboard. This information would be useful to the Agency as it
determines how it might respond to FOE's request for a monitoring and
recordkeeping program under CWA section 312.

V. Selected Examples of Other Regulatory Schemes Addressing Sewage
Discharges From Vessels

A. The International Convention for the Prevention of Pollution From
Ships

    Because of the international nature of maritime commerce, many of
the customs, practices, rules, and regulations associated with vessel
operations are addressed through international agreements and
conventions. A majority of ocean-going vessels operating in U.S. waters
are registered in foreign countries and subject to the ``International
Convention for the Prevention of Pollution from Ships, 1973, as
modified by the Protocol of 1978 relating thereto'' (``MARPOL'').
    The Annexes to MARPOL address a range of operational discharges
from vessels. The United States is a party to Annexes I (Oil), II
(Noxious Liquid Substances), III (Harmful Substances in Packaged Form),
V (Garbage), and VI (Air Emissions), but not Annex IV (Sewage). Thus,
the United States is not bound by the provisions of Annex IV. However,
in addition to being subject to the vessel sewage provisions of CWA
section 312 while in the U.S. three mile territorial sea or inland
waters, vessels flying the flag of countries that are parties to MARPOL
Annex IV remain subject to the Annex's requirements no matter where
these vessels sail. Maritime authorities of Annex IV parties (the
``flag State'' or ``Administration'') are responsible for ensuring that
the vessels registered under their flag are in compliance with
applicable Annexes and the corresponding guidelines and regulations.
1. MARPOL Annex IV
    The principal international instrument regulating discharges of
sewage from vessels is Annex IV to MARPOL. Annex IV initially entered
into force in September 2003, was thereafter revised, and the revisions
entered into force internationally in August 2005. See resolution
MEPC.115(51); available in the docket for this Notice. Annex IV applies
to subject vessels engaged in international voyages of 400 gross
tonnage and above, and to subject vessels of less than 400 gross
tonnage which are certified to carry more than 15 persons (passengers
and crew). Annex IV is effectuated by regulations (binding on
signatories to the Annex) and associated guidelines that contain, among
other requirements, limits on the discharge of sewage into the sea, a
provision for reception facilities at ports and terminals to receive
sewage, and requirements for the survey and certification of a vessel's
sewage treatment device. Vessels that comply with Annex IV requirements
are issued an International Sewage Pollution Prevention Certificate
(ISPPC) by their Administration or Recognized Organization (RO).
    Vessels subject to Annex IV are required to undergo periodic
surveys to ensure compliance with the Annex IV requirements; surveys
are to be conducted every five years by the Administration or RO. Among
other things, a vessel undergoing a survey must demonstrate that it is
equipped with either (1) An STP type-approved by the Administration,
taking into account the operational requirements based on standards and
test methods developed by the International Maritime Organization
(IMO)'s Marine Environment Protection Committee (MEPC), (2) an approved
sewage comminuting and disinfecting system, or (3) an approved sewage
holding tank.
    In addition to the survey requirements, Annex IV contains
prohibitions on the discharge of sewage. In particular, Annex IV
prohibits the discharge of sewage into the sea except when:
     The vessel is discharging comminuted and disinfected
sewage from an approved system at a distance of more than three
nautical miles from the nearest land; or
     The vessel is discharging sewage which is not comminuted
or disinfected (i.e., untreated sewage), at a distance of more than 12
nautical miles from the nearest land, provided that sewage that has
been stored in holding tanks, or sewage originating from spaces
containing living animals, is not discharged instantaneously but at a
moderate rate when the ship is en route and proceeding at a speed of at
least four knots (See resolution MEPC.157(55) providing the
recommendations on standards for the rate of discharge of untreated
sewage; available in the docket for this Notice); or
     The vessel is using a type-approved STP that has been
certified by the Administration to meet the applicable IMO
recommendations and regulations, the test results are laid down in the
ship's ISPPC, and the effluent does not produce visible floating solids
or cause discoloration of the surrounding water.
2. Revised Annex IV Effluent Standards and Performance Tests for STPs
    As previously noted, with respect to STPs, the MARPOL Annex IV
regulations require vessel owners/operators to demonstrate that the
vessel is equipped with a type-approved STP that meets the operational
requirements based on standards and test methods developed by the MEPC.
These MARPOL requirements for certification of an STP are functionally
similar to the Coast Guard's certification process for MSDs: The STP
undergoes a series of performance tests to demonstrate that the device
produces an effluent meeting the prescribed standards outlined in the
MARPOL Annex IV guidelines. Once this demonstration has been made, the
Administration will issue a Certificate of Type Approval for that STP
model.
    On December 3, 1976, the IMO adopted effluent standards and
guidelines for performance tests for STPs, and invited signatory
governments to establish testing programs in accordance with the
standards and guidelines. See resolution

MEPC.2(VI); available in the docket for this Notice. On October 13,
2006, the MEPC adopted revised effluent standards and performance tests
for STPs. See resolution MEPC.159(55); available in the docket for this
Notice. According to the latest resolution adopted by the MEPC, the
revised effluent standards and performance tests reflect ``current
trends for the protection of the marine environment and developments in
the design and effectiveness of commercially available sewage treatment
plants * * *''. Id. The revised standards and testing requirements
apply to STPs installed onboard ships on or after January 1, 2010.
Ships with STPs installed prior to that date may continue to use
equipment certified to the previous standards. See resolution
MEPC.2(VI) for previous standards.
    A comparison of the previous (MEPC.2(VI)) and revised
(MEPC.159(55)) MARPOL Annex IV effluent standards for STPs to the
current CWA performance standards for Type II MSDs is presented in the
following table (Table 2).

                                                     Table 2
----------------------------------------------------------------------------------------------------------------
                                           MARPOL 73/78 ANNEX IV STANDARDS FOR STPs          CWA PERFORMANCE
               ANALYTE                --------------------------------------------------  STANDARDS FOR TYPE II
                                              MEPC.2(VI)              MEPC.159(55)                 MSDs
----------------------------------------------------------------------------------------------------------------
Coliform.............................  Geometric mean <= 250    Geometric mean <= 100    <= 200 per 100 mL
                                        per 100 mL (fecal        per 100 mL.             (fecal coliform).
                                        coliform; most          (thermotolerant
                                        probable number).        coliform).
Total Suspended Solids (TSS) (mg/L)..  Geometric mean <= 50...  Geometric mean.........  <= 150.
                                                                <= 35..................
pH...................................  .......................  6-8.5.                   .......................
BOD5 (mg/L)..........................  Geometric mean <= 50...  Geometric mean.          .......................
                                                                <= 25..................
COD (mg/L)...........................  .......................  <= 125.                  .......................
Residual Chlorine (mg/L).............  As low as practicable..  < .5.                    .......................
----------------------------------------------------------------------------------------------------------------

3. Coast Guard Policy With Respect to MARPOL Annex IV and the Revised
Effluent Standards
    Although the United States is not a party to MARPOL Annex IV, a
U.S.-flagged vessel engaged in international voyages may still be
required to comply with its provisions if the vessel operates in the
waters of a port State that is a party to Annex IV. The Coast Guard has
developed guidance and policies in order to address the potential for
adverse port State control actions against U.S.-flagged vessels
operating overseas. (This guidance also accords reciprocity to foreign-
flagged vessels subject to Annex IV while operating in waters subject
to the United States' jurisdiction.) See Navigation and Vessel
Inspection Circular (NVIC) No. 1-09 (June 23, 2009); available in this
docket.
    Because the United States is not a party to MARPOL Annex IV, the
Coast Guard cannot issue an ISPPC to domestically-flagged vessels, and
instead issues a Statement of Voluntary Compliance (SOVC). U.S.-flagged
vessels engaged in international voyages with sewage treatment devices
that comply with Annex IV standards may be eligible to receive a SOVC.
This certificate, issued by the Coast Guard or an Authorized
Classification Society, demonstrates voluntary compliance with the
revised Annex IV standards and testing requirements. While U.S.-flagged
vessels are not required to obtain an SOVC, these vessels must still be
able to demonstrate compliance with Annex IV while engaged in
international voyages, or risk being detained overseas when operating
in waters subject to the jurisdiction of parties to Annex IV.
    The Coast Guard's policy outlined in NVIC No. 1-09 also notes that
Coast Guard-certified Type II MSDs that are installed on or after
January 1, 2010, and are unable to meet the revised Annex IV standards
for STPs may still qualify as sewage comminuting and disinfecting
devices under Annex IV, provided that the vessel is equipped with a
satisfactorily sized storage tank. However, this may mean that some
U.S.-flagged vessels utilizing Type II MSDs will be unable to discharge
treated sewage effluent within three nautical miles of land where the
port State is a signatory to MARPOL Annex IV.

B. Certain Alaska Cruise Ship Operations

    Amid growing public concerns about the quantity and quality of
discharges from cruise ships operating in certain areas in Alaska,
Congress enacted an omnibus appropriation on December 21, 2000, that
included new statutory requirements for certain cruise ships
discharging graywater and sewage in Alaska (Departments of Labor,
Health and Human Services, and Education, and Related Agencies
Appropriations Act, 2001, Pub. L. 106-554, 114 Stat. 2763, enacting
into law Title XIV of Division B of H.R. 5666, 114 Stat. 2763A-315, and
codified at 33 U.S.C. 1901 Note (Title XIV)).
    Title XIV does not supersede regulation of sewage discharges from
cruise ships under CWA section 312. Rather, Title XIV established
separate discharge standards for sewage and graywater discharges from
those cruise ships authorized to carry 500 or more passengers and
operating in the waters of the Alexander Archipelago, the navigable
waters of the United States within the State of Alaska, and within the
Kachemak Bay National Estuarine Research Reserve. Specifically, Title
XIV requires that such cruise ships discharging within one nautical
mile of shore, or discharging in any Alaskan waters when the vessel is
traveling under six knots, must meet the following standards: for fecal
coliform, the geometric mean of samples taken during any 30-day period
may not exceed 20 fecal coliform per 100 mL, and no more than 10% of
the samples may exceed 40 fecal coliform per 100 mL; for chlorine,
total chlorine residual does not exceed 10.0 micrograms/liter. Title
XIV also requires that the discharged effluent meet secondary treatment
standards for 5-day biochemical oxygen demand, suspended solids, and
pH. See 40 CFR 133.102 (secondary treatment standards). Finally, Title
XIV requires that regulated cruise ships traveling at least six knots
and discharging treated sewage outside of one nautical mile from shore
must meet EPA's CWA section 312 performance standards for Type II MSDs
(an effluent with a fecal coliform bacterial count not greater than 200
per

100 mL, and no more than 150 mg total suspended solids per liter).\4\
---------------------------------------------------------------------------

    \4\ Many of the cruise ships operating in the navigable waters
of the United States are registered under flag Administrations who
are signatories to MARPOL Annex IV. As such, these foreign-flagged
cruise ships subject to Title XIV must meet the requirements of
Annex IV, CWA section 312, and Title XIV.
---------------------------------------------------------------------------

    Like the CWA section 312 program, Title XIV is jointly implemented
by EPA and the Coast Guard: Congress provided responsibility for
regulatory discharge standards to EPA and responsibility for
enforcement to the Coast Guard. In particular, Title XIV authorizes EPA
to revise or develop additional standards for sewage and graywater
discharges from cruise ships operating in applicable waters of Alaska,
if appropriate. Alaska is also authorized to petition EPA to establish
NDZs for sewage and graywater discharges from cruise ships regulated
under Title XIV. Title XIV requires the Coast Guard to incorporate an
inspection regime into its commercial vessel examination program that
will verify compliance with the requirements of the statute. Title XIV
also authorizes the Coast Guard to conduct unannounced inspections and
require cruise ship owners/operators to keep logbooks of all sewage and
graywater discharges, and provides for administrative and criminal
penalties for violations of the statute's provisions. The Coast Guard
has promulgated regulations to implement the various provisions of
Title XIV. See 33 CFR 159.301 et seq.

VI. Additional Information on Submitting CBI

    You are entitled to assert a business confidentiality claim
covering all or part of the information you submit in response to this
Notice, in accordance with the procedures described in EPA's CBI
regulations, 40 CFR part 2, subpart B. Under 40 CFR 2.201(e), business
confidentiality incorporates the concept of trade secrecy and other
related legal concepts which give (or may give) a business the right to
preserve the confidentiality of business information and to limit its
use or disclosure by others in order that the business may obtain or
retain business advantages it derives from its rights in the
information. EPA will construe your failure to furnish a business
confidentiality claim with your response as a waiver of that claim, and
the information may be made available to the public or authorized
representatives without further Notice to you.
    The criteria EPA will use in determining whether material you claim
as business confidential is entitled to confidential treatment are set
forth at 40 CFR 2.208. This regulation provides, among other things,
that you must satisfactorily demonstrate that: (1) The information is
within the scope of business confidentiality as defined at 40 CFR
2.201(e); (2) that you have taken reasonable measures to protect the
confidentiality of the information and that you intend to continue to
do so; (3) the information is not and has not been reasonably
obtainable by legitimate means without your consent; and (4) the
disclosure of the information is likely to cause substantial
competitive harm to your business position. See 40 CFR 2.208 (a)-(d).
    Do not submit CBI to EPA through http://www.regulations.gov or e-
mail. Clearly mark the page, paragraph and sentence when identifying
the information that you claim to be CBI. See 40 CFR 2.203(b) for
additional instructions on the method for asserting a business
confidentiality claim. For CBI information on a disk or CD-ROM that you
mail to EPA, mark the outside of the disk or CD-ROM as CBI and then
identify electronically within the disk or CD-ROM the specific
information that is claimed as CBI. In addition to one complete version
of the comment that includes information claimed as CBI, a copy of the
comment that does not contain the information claimed as CBI must be
submitted for inclusion in the public docket. Information so marked
will not be disclosed except in accordance with procedures set forth in
40 CFR part 2. EPA may, without further notice, provide the public or
authorized representative with any information not subject to a CBI
claim.

    Dated: July 2, 2010.
Denise Keehner,
Director, Office of Wetlands, Oceans, and Watersheds.
[FR Doc. 2010-16909 Filed 7-9-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 231 (Friday, December 2, 2022)]
[Rules and Regulations]
[Pages 73931-73932]
[FR Doc No: 2022-26166]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-0120; Airspace Docket No. 22-AAL-15]
RIN 2120-AA66

Revocation of Colored Federal Airway Red 51 (R-51); Level Island,
AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action revokes Colored Federal airway Red 51 (R-51) due
to the planned decommissioning of the Sumner Strait, AK (SQM), Non-
Directional Beacon (NDB).

DATES: Effective date 0901 UTC, February 23, 2023. 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 JO 7400.11
and publication of conforming amendments.

ADDRESSES: FAA Order JO 7400.11G, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. For further information, you can contact the
Rules and Regulations Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Rules and Regulations
Group, Office of Policy, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it modifies the route structure as necessary to preserve
the safe and efficient flow of air traffic within the National Airspace
System (NAS).

History

    The FAA published a notice of proposed rulemaking (NPRM) for Docket
No. FAA-2022-0120 in the Federal Register (87 FR 14192; March 14,
2022), revoking Colored Federal airway R-51 due to the planned
decommissioning of the Sumner Strait, AK, NDB. Interested parties were
invited to participate in this rulemaking effort by submitting comments
on the proposal. No comments were received.
    Red Federal airways are published in paragraph 6009(b) of FAA Order
JO 7400.11G, dated August 19, 2022, and effective September 15, 2022,
which is incorporated by reference in 14 CFR 71.1. The Colored Federal
airway listed in this document will be published subsequently in FAA
Order JO 7400.11.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order JO 7400.11G, Airspace Designations
and Reporting Points, dated August 19, 2022, and effective September
15, 2022. FAA Order JO 7400.11G is publicly available as listed in the
ADDRESSES section of this document. FAA Order JO 7400.11G lists Class
A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This action amends 14 CFR part 71 by revoking Colored Federal
airway R-51 due to the planned decommissioning of Sumner Strait, AK,
NDB in the vicinity of Level Island, AK.
    R-51: R-51 extends between the Sumner Strait, AK, NDB and the
Sitka, AK, NDB. The airway is removed in its entirety.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.

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
Department of Transportation (DOT) Regulatory Policies and Procedures
(44 FR 11034; February 26, 1979); and (3) does not warrant preparation
of a regulatory evaluation as the anticipated impact is so minimal.
Since this is a routine matter that will only affect air traffic
procedures and air navigation, it is certified that this rule, when
promulgated, will not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this airspace action of revoking
Colored Federal airway R-51, due to the planned decommissioning of the
Sumner Strait, AK, NDB, qualifies for categorical exclusion under the
National Environmental Policy Act (42 U.S.C. 4321 et seq.) and its
implementing regulations at 40 CFR part 1500, and in accordance with
FAA Order 1050.1F, Environmental Impacts: Policies and Procedures,
paragraph 5-6.5a, which categorically excludes from further
environmental impact review rulemaking actions that designate or modify
classes of airspace areas, airways, routes, and reporting points (see
14 CFR part 71, Designation of Class A, B, C, D, and E Airspace Areas;
Air Traffic Service Routes; and Reporting Points), and paragraph 5-
6.5k, which categorically excludes from further environmental review
the publication of existing air traffic control procedures that do not
essentially change existing tracks, create new tracks, change altitude,
or change concentration of aircraft on these tracks. As such, this
action is not expected to result in any potentially significant
environmental impacts. In accordance with FAA Order 1050.1F, paragraph
5-2 regarding Extraordinary Circumstances, the FAA has reviewed this
action for factors and circumstances in which a normally categorically
excluded action may have a significant environmental impact requiring
further analysis. Accordingly, the FAA has determined that no
extraordinary circumstances exist that warrant preparation of an
environmental assessment or environmental impact study.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

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(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 JO
7400.11G, Airspace Designations and Reporting Points, dated August 19,
2022, and effective September 15, 2022, is amended as follows:

Paragraph 6009(b) Red Federal Airways.

* * * * *

R-51 [Removed]

* * * * *

    Issued in Washington, DC, on November 28, 2022.
Scott M. Rosenbloom,
Manager, Airspace Rules and Regulations.
[FR Doc. 2022-26166 Filed 12-1-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 33 (Thursday, February 17, 2011)]
[Rules and Regulations]
[Page 9224]
[FR Doc No: 2011-3569]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket Number USCG-2011-0025]

Drawbridge Operation Regulation; Upper Mississippi River, Rock
Island, IL

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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

SUMMARY: The Commander, Eighth Coast Guard District, has issued a
temporary deviation from the regulation governing the operation of the
Rock Island Railroad and Highway Drawbridge across the Upper
Mississippi River, mile 482.9, at Rock Island, Illinois. The deviation
is necessary to allow the Quad Cities Heart Walk to cross the bridge.
This deviation allows the bridge to be maintained in the closed-to-
navigation position for two hours.

DATES: This deviation is effective from 9 a.m. to 11 a.m. on May 21,
2011.

ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket USCG-2011-0025 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-0025 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 rule,
call or e-mail Eric A. Washburn, Bridge Administrator, Western Rivers,
Coast Guard; telephone<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>
If you have questions on viewing the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The U.S. Army Rock Island Arsenal requested
a temporary deviation for the Rock Island Railroad and Highway
Drawbridge, across the Upper Mississippi River, mile 482.9, at Rock
Island, Illinois to remain in the closed-to-navigation position for a
two hour period from 9 a.m. to 11 a.m., May 21, 2011, while a walk is
held between the cities of Davenport, IA and Rock Island, IL. The Rock
Island Railroad and Highway Drawbridge currently operates in accordance
with 33 CFR 117.5, which states the general requirement that
drawbridges shall open promptly and fully for the passage of vessels
when a request to open is given in accordance with the subpart.
    There are no alternate routes for vessels transiting this section
of the Upper Mississippi River.
    The Rock Island Railroad and Highway Drawbridge, in the closed-to-
navigation position, provides a vertical clearance of 23.8 feet above
normal pool. Navigation on the waterway consists primarily of
commercial tows and recreational watercraft. This temporary deviation
has been coordinated with waterway users. No objections were received.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: February 3, 2011.
Eric A. Washburn,
Bridge Administrator.
[FR Doc. 2011-3569 Filed 2-16-11; 8:45 am]
BILLING CODE 9110-04-P


Regulatory Flexibility Act (5 U.S.C. 601 et seq.), excerpt

§ 609. Procedures for gathering comments

 (b) Prior to publication of an initial regulatory flexibility analysis
which a covered agency is required to conduct by this chapter--

(1) a covered agency shall notify the Chief Counsel for Advocacy of the
Small Business Administration and provide the Chief Counsel with
information on the potential impacts of the proposed rule on small
entities and the type of small entities that might be affected;

(2) not later than 15 days after the date of receipt of the materials
described in paragraph (1), the Chief Counsel shall identify individuals
representative of affected small entities for the purpose of obtaining
advice and recommendations from those individuals about the potential
impacts of the proposed rule;

(3) the agency shall convene a review panel for such rule consisting
wholly of full time Federal employees of the office within the agency
responsible for carrying out the proposed rule, the Office of
Information and Regulatory Affairs within the Office of Management and
Budget, and the Chief Counsel;

(4) the panel shall review any material the agency has prepared in
connection with this chapter, including any draft proposed rule, collect
advice and recommendations of each individual small entity
representative identified by the agency after consultation with the
Chief Counsel, on issues related to subsections 603(b), paragraphs (3),
(4) and (5) and 603(c);

(5) not later than 60 days after the date a covered agency convenes a
review panel pursuant to paragraph (3), the review panel shall report on
the comments of the small entity representatives and its findings as to
issues related to subsections 603(b), paragraphs (3), (4) and (5) and
603(c), provided that such report shall be made public as part of the
rulemaking record; and

(6) where appropriate, the agency shall modify the proposed rule, the
initial regulatory flexibility analysis or the decision on whether an
initial regulatory flexibility analysis is required.

§ 603. Initial regulatory flexibility analysis

(a) Whenever an agency is required by section 553 of this title, or any
other law, to publish general notice of proposed rulemaking for any
proposed rule, or publishes a notice of proposed rulemaking for an
interpretative rule involving the internal revenue laws of the United
States, the agency shall prepare and make available for public comment
an initial regulatory flexibility analysis. Such analysis shall describe
the impact of the proposed rule on small entities. The initial
regulatory flexibility analysis or a summary shall be published in the
Federal Register at the time of the publication of general notice of
proposed rulemaking for the rule. The agency shall transmit a copy of
the initial regulatory flexibility analysis to the Chief Counsel for
Advocacy of the Small Business Administration. In the case of an
interpretative rule involving the internal revenue laws of the United
States, this chapter applies to interpretative rules published in the
Federal Register for codification in the Code of Federal Regulations,
but only to the extent that such interpretative rules impose on small
entities a collection of information requirement.

(b) Each initial regulatory flexibility analysis required under this
section shall contain--

(1) a description of the reasons why action by the agency is being
considered;

(2) a succinct statement of the objectives of, and legal basis for, the
proposed rule;

(3) a description of and, where feasible, an estimate of the number of
small entities to which the proposed rule will apply;

(4) a description of the projected reporting, recordkeeping and other
compliance requirements of the proposed rule, including an estimate of
the classes of small entities which will be subject to the requirement
and the type of professional skills necessary for preparation of the
report or record;

(5) an identification, to the extent practicable, of all relevant
Federal rules which may duplicate, overlap or conflict with the proposed
rule.

(c) Each initial regulatory flexibility analysis shall also contain a
description of any significant alternatives to the proposed rule which
accomplish the stated objectives of applicable statutes and which
minimize any significant economic impact of the proposed rule on small
entities. Consistent with the stated objectives of applicable statutes,
the analysis shall discuss significant alternatives such as--

(1) the establishment of differing compliance or reporting requirements
or timetables that take into account the resources available to small
entities;

(2) the clarification, consolidation, or simplification of compliance
and reporting requirements under the rule for such small entities;

(3) the use of performance rather than design standards; and

(4) an exemption from coverage of the rule, or any part thereof, for
such small entities.


[Federal Register Volume 86, Number 73 (Monday, April 19, 2021)]
[Notices]
[Page 20383]
[FR Doc No: 2021-07940]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4533-DR; Docket ID FEMA-2021-0001]

Alaska; Amendment No. 3 to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Alaska (FEMA-4533-DR), dated April 9, 2020, and
related determinations.

DATES: This amendment was issued February 2, 2021.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, pursuant to the
President's Memorandum to Extend Federal Support to Governors' Use of
the National Guard to Respond to COVID-19 and to Increase Reimbursement
and Other Assistance Provided to States, dated January 21, 2021 and the
President's Memorandum on Maximizing Assistance from the Federal
Emergency Management Agency, dated February 2, 2021 FEMA is amending
the cost-sharing arrangements regarding Federal funds provided under
the authority of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, 42 U.S.C. 5121-5207 (the ``Stafford Act'') for all of
the COVID-19 emergency and major disaster declarations. FEMA is
amending this declaration as follows:

    Federal funds for emergency protective measures (Category B),
including direct Federal assistance, under the Public Assistance
program (Section 403) are authorized at 100 percent of total
eligible costs for work performed from January 20, 2020 through
September 30, 2021.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.)

Robert J. Fenton,
Senior Official Performing the Duties of the Administrator, Federal
Emergency Management Agency.
[FR Doc. 2021-07940 Filed 4-16-21; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 78, Number 142 (Wednesday, July 24, 2013)]
[Notices]
[Pages 44619-44620]
[FR Doc No: 2013-17782]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No: FAA-2013-0649]

Aviation Rulemaking Advisory Committee (ARAC) Airman Testing
Standards and Training Working Group (ATSTWG)

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of Request for Comment

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

SUMMARY: This notice announces the availability of additional draft
Airman Certification Standards (ACS) documents developed by the ATSTWG
for the authorized instructor certificate, the private pilot
certificate and the instrument rating. These documents are available
for public review, download, and comment.

DATES: Send comments on or before August 23, 2013.

ADDRESSES: Send comments identified by docket number FAA-2013-0649
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: The FAA will post all comments it receives, without
change, to http://www.regulations.gov, including any personal
information the commenter provides. Using the search function of the
docket Web site, anyone can find and read the electronic form of all
comments received into any FAA dockets, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or Docket Operations in Room W12-140 of the
West Building Ground Floor at 1200 New Jersey Avenue SE., Washington,
DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.

FOR FURTHER INFORMATION CONTACT: Van L. Kerns, Manager, Regulatory
Support Division, FAA Flight Standards Service, AFS 600, FAA Mike
Monroney Aeronautical Center, P.O. Box 25082, Oklahoma City, OK 73125;
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    On August 30, 2012, the ARAC Executive Committee accepted the FAA's
assignment of a new task arising from recommendations of the Airman
Testing Standards and Training Aviation Rulemaking Committee (ARC). The
ARC recommended ways to ensure that the FAA's airman testing and
training materials better support reduction of fatal general aviation
accidents. The new task instructed the ARAC to integrate aeronautical
knowledge and flight proficiency requirements for the private pilot and
flight instructor certificates and the instrument rating into a single
ACS document for each type of certificate and rating; to develop a
detailed proposal to realign FAA training handbooks with the ACS
documents; and to propose knowledge test item bank questions consistent
with the integrated ACS documents and the principles set forth in the
ARC's recommendations.
    The FAA announced the ARAC's acceptance of this task through a
Federal Register Notice published on September 12, 2012 [77 FR 56251].
This Notice described the task elements and solicited participants for
the ATSTWG, which subsequently formed and began its work in November
2012.
    Consistent with the first part of this tasking, the ATSTWG
developed draft ACS documents that align the aeronautical knowledge
testing standards with the flight proficiency standards set out in the
existing Practical Test Standards (PTS). In addition to supporting the
FAA's effort to improve the relevance, reliability, validity, and
effectiveness of aeronautical testing and training materials, the draft
ACS documents support the FAA's goal of reducing fatal general aviation
accidents by incorporating task-specific risk management considerations
into each Area of Operation.
    The ATSTWG completed its initial work on the ACS for the private
pilot certificate and the instrument rating in April, 2013. At the
request of the ATSTWG, the FAA made these documents available for
public comment through docket number FAA-2013-0316. The comment period
for the notice published on April 24, 2013 (78 FR 24289) closed May 24,
2013. Also at the request of the ATSTWG, the FAA reopened the comment
period until July 8, 2013.
    During these periods, the ATSTWG received more than 300 comments
and questions on the draft ACS for the private pilot certificate and
the instrument rating. The ATSTWG has used these comments to inform and
refine its continuing work on this project, and has consequently asked
the FAA to make the revised versions of these documents available for
on additional period of public review and comment before it completes
its work in September, 2013.
    In addition, the ATSTWG has completed its initial draft of the
authorized instructor ACS document. The purpose of the authorized
instructor ACS is to define the acceptable performance standards for
instructional knowledge and skill, including the Fundamentals of
Instructing (FOI) concepts listed in 14 CFR part 61. Consistent with
its desire for comments to help refine its work, the ATSTWG has asked
the FAA to make this document available for public comment as well.
    In making this document available, the ATSTWG wishes to note that
while the draft authorized instructor ACS follows the overall
conceptual framework developed for the private pilot ACS and the
instrument rating ACS, its construction reflects fundamental
differences between the family of pilot certificates/ratings and the
instructor certificate. The core of the authorized instructor ACS
addresses practical application of the instructional concepts and
techniques presented in the traditional FOI. The authorized instructor
ACS uses appendices to define the acceptable standards for knowledge,
skill, and risk management in the aeronautical proficiency tasks unique
to a particular instructor certificate or rating.

    The ATSTWG also wishes to emphasize that the authorized instructor
ACS is not intended to be a stand-alone document. Rather, it is
intended to be used in conjunction with the pilot certificate level or
rating ACS for which the instructor-applicant seeks authorization to
provide instruction. Therefore, in addition to mastery of the knowledge
and skills defined in the authorized instructor ACS, the instructor-
applicant must demonstrate instructional competence for Tasks in the
ACS for the appropriate certificate level or rating, to include
analyzing and correcting common learner errors.
    The ATSTWG continues work to complete its remaining assignments.
These include developing a detailed proposal to realign and, as
appropriate, streamline and consolidate existing FAA guidance material
(e.g., handbooks) with each integrated ACS document; and to propose
methodologies to ensure that knowledge test item bank questions are
consistent with both the ACS documents and the test question
development principles set forth in the ARC's recommendations.
    The ACS documents are designed as the foundation for transitioning
to a more integrated and systematic approach to airman certification
testing and training. To accomplish this objective and achieve its
overall safety goals, the ACS documents support the safety management
system (SMS) framework. SMS methodology provides a systematic approach
to achieving acceptable levels of safety risk. The ATSTWG is
constructing ACS, associated guidance, and test item bank question
components of the airman certification system around the four
functional components of SMS:
     Safety Policy that demonstrates FAA senior management
commitment to continually improve safety through enhancements to the
airman certification testing and training system; specifically, better
integration of the aeronautical knowledge, flight proficiency, and risk
management components of the airman certification system;
     Safety Risk Management processes that create a structured
means of safety risk management decision making to identify, assess,
and determine acceptable level of risk associated with regulatory
changes, safety recommendations, or other factors requiring
modification of airman testing and training materials;
     Safety Assurance processes which allow increased
confidence on the part of industry and FAA stakeholders in risk
controls through a continual review of FAA products and the systematic,
prompt and appropriate incorporation of changes arising from new
regulations, data analysis, and safety recommendations; and
     Safety Promotion framework to support a positive safety
culture in the form of training and ongoing engagement with both
external stakeholders (e.g., the aviation training industry) and FAA
policy divisions.
    Time permitting, and given the foundational nature of the ACS
documents and their importance in the ongoing evolution of the FAA's
airman certification testing and training system, the ATSTWG wishes to
make subsequent revised draft ACS documents for the private pilot
certificate and the instrument rating, and of its current initial draft
of the authorized instructor ACS, available to the public for one
additional period of review and comment before it completes its work in
September 2013. The ATSTWG would use the comments it receives to
complete its work on this project and to develop its final report and
recommendations.

    Issued in Washington, DC on July 19, 2013.
Lirio Liu,
Designated Federal Officer, Aviation Rulemaking Advisory Committee.
[FR Doc. 2013-17782 Filed 7-23-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: May 29, 2008 (Volume 73, Number 104)]
[Notices]
[Page 30962]
[DOCID:fr29my08-99]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-1755-DR]

Maine; Amendment No. 3 to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Maine (FEMA-1755-DR), dated May 9, 2008, and related
determinations.

EFFECTIVE DATE: May 14, 2008.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident
period for this disaster is closed effective May 14, 2008.

(The following Catalog of Federal Domestic Assistance (CFDA) Numbers
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households in
Presidential Declared Disaster Areas; 97.049, Presidential Declared
Disaster Assistance--Disaster Housing Operations for Individuals and
Households; 97.050, Presidential Declared Disaster Assistance to
Individuals and Households--Other Needs; 97.036, Disaster Grants--
Public Assistance (Presidentially Declared Disasters); 97.039,
Hazard Mitigation Grant.)

R. David Paulison,
Administrator, Federal Emergency Management Agency.
[FR Doc. E8-12001 Filed 5-28-08; 8:45 am]

BILLING CODE 9110-10-P


[Federal Register: November 2, 2009 (Volume 74, Number 210)]
[Notices]
[Page 56598-56599]
[DOCID:fr02no09-24]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12661-001; Project No. 13599-000]

Green Power Development, LLC; Alaska Power & Telephone Company;
Notice of Competing Preliminary Permit Applications Accepted for Filing
and Soliciting Comment, Motions To Intervene, and Competing
Applications

October 23, 2009.
    On October 1, 2009, at 8:01 a.m. 12:01 p.m., respectively, Alaska
Power & Telephone Company (AP&T) and Green Power Development, LLC
(Green Power) filed preliminary permit applications, pursuant to
section 4(f) of the Federal Power Act, proposing to study the
feasibility of the 3160 Water Power Project and Lace Hydroelectric
Project, respectively, to be located on an unnamed lake designated by
the applicants as Lake 3160 in an unorganized Borough near Juneau,
Alaska. The project would be located within the Tongass National
Forest. The sole purpose of a preliminary permit, if issued, is to
grant the permit holder priority to file a license application during
the permit term. A preliminary permit does not authorize the permit
holder to perform any land disturbing activities or otherwise enter
upon lands or waters owned by others without the owners' express
permission.
    AP&T's proposed 3160 Water Power Project would consist of: (1) A
new siphon intake, directional bore, or a 20-foot-high timber buttress
dam with either intakes at the exit of the Lake 3160; (2) an existing
reservoir, Lake 3160, with surface area of 384 acres, storage capacity
of 7,600 acre-feet, and normal water surface elevation of 3,160 feet
mean sea level (msl); (3) a new 7,600-foot-long, 21-inch diameter
penstock; (4) a new powerhouse containing 1-2 generating units with a
total installed capacity of 4.9 megawatts (MW); (5) an open channel
tailrace discharging flows to Evelyn Lake; (6) a 6-mile-long, 14.4
kilovolt (kV) overhead,

or 24.9 kV underground transmission line; and (7) appurtenant
facilities. The proposed 3160 Water Power Project would have an average
annual generation of 34.1 gigawatt-hours (GWh).
    Green Power's proposed Lace Hydroelectric Project would consist of:
(1) A new siphon intake, directional bore, or 20-foot-high concrete dam
with either intakes at the exit of Lake 3160; (2) an existing
reservoir, Lake 3160, with a surface areas of 451 acres, storage
capacity of 19,710 acre-feet, and normal water surface elevation of
3,160 feet msl; (3) a new above ground 8,800-feet-long, 22- to 24-inch-
diameter penstock; (4) a new powerhouse containing 1-2 generating units
with a total installed capacity of 4.995 MW; (5) an open channel
tailrace discharging flows to Evelyn Lake; (6) a 7.6-mile-long, 14.4/
24.9-kV overhead, underground, or submarine cable transmission line;
and (7) appurtenant facilities. The annual production would be 40.1
GWh.
    Applicants' Contact:
    Mr. Robert Grimm, Alaska Power & Telephone Company, P.O. Box 3222,
Port Townsend, WA 98368.<PHONE_NUMBER>x120.
    Mr. Earle Ausman, Green Power Development, LLC, 1503 W. 33rd
Avenue, Suite 211A, Anchorage, AK 99503.<PHONE_NUMBER>.
    FERC Contact: Gina Krump<EMAIL_ADDRESS>(202) 502-6704.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Comments, motions to intervene, notices of intent, and competing
applications may be filed electronically via the Internet. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
(http://www.ferc.gov/docs-filing/ferconline.asp) under the ``eFiling''
link. For a simpler method of submitting text only comments, click on
``Quick Comment.'' For assistance, please contact FERC Online Support
at<EMAIL_ADDRESS>call toll-free at<PHONE_NUMBER>; or,
for TTY, contact<PHONE_NUMBER>. Although the Commission strongly
encourages electronic filing, documents may also be paper-filed. To
paper-file, mail an original and eight copies to: Kimberly D. Bose,
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of the
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-12661-001, or P-13599-000) in the docket
number field to access the document. For assistance, contact FERC
Online Support.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-26239 Filed 10-30-09; 8:45 am]

BILLING CODE 6717-01-P