[Federal Register Volume 85, Number 160 (Tuesday, August 18, 2020)]
[Rules and Regulations]
[Page 50784]
[FR Doc No: 2020-17518]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket Number USCG-2016-0989]
RIN 1625-AA01

Anchorage Regulations; Passagassawakeag River, Belfast, ME;
Corrections

AGENCY: Coast Guard, DHS.

ACTION: Correcting amendments.

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SUMMARY: On April 20, 2020, the Coast Guard published a correcting
amendment that corrected errors in the coordinates describing the
boundaries of the special anchorage areas in the Passagassawakeag River
in the vicinity of Belfast, ME. Unfortunately, that correcting
amendment also contained errors for two of the coordinates describing
the boundaries of Special Anchorage Area A. This document corrects
those errors.

DATES: Effective August 18, 2020.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
document, call or email Mr. Craig D. Lapiejko, Coast Guard First
District Waterways Management Branch, telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On April 20, 2020, the Coast Guard published
a correcting amendment titled ``Anchorage Regulations; Passagassawakeag
River, Belfast, ME; Corrections'' (85 FR 21773). This amendment
corrected the coordinates to Special Anchorage Area A and Special
Anchorage Area B in the Passagassawakeag River, Belfast Bay, Belfast,
Maine.
    On April 23, 2020, the Coast Guard was made aware of a discrepancy
with two of the coordinates describing the boundaries of Special
Anchorage Area A by a cartographer from the National Oceanic and
Atmospheric Administration (NOAA).
    In the notice of proposed rulemaking we published to start the
process of designating these special anchorage areas, we made it clear
that they are intended to reduce the risk of vessel collisions and to
promote safe and efficient travel in the navigable channel of the
Passagassawakeag River to the mouth of Belfast Bay (82 FR 46004,
October 3, 2017). The potential of vessels anchoring in the navigable
channel is contrary to waterway safety and coordinates identifying any
portion of Special Anchorage Area A in the navigable channel are errors
that must be corrected promptly to reduce the risk of vessel collisions
in the navigable channel. As we stated in the final rule, we made no
changes from the proposed rule (84 FR 32269, 32270, July 8, 2019). This
document corrects two of the coordinates in 33 CFR 110.4(d)(1)
describing the boundaries of Special Anchorage Area A in the
Passagassawakeag River.
    We find good cause under 5 U.S.C. 553(d) to make this correction
effective on its date of publication. Delaying its effective date would
continue the risk of vessel collisions in the navigable channel based
on errors in the coordinates describing the special anchorage areas.

List of Subjects in 33 CFR Part 110

    Anchorage Regulations.

    Accordingly, 33 CFR part 110 is corrected by making the following
correcting amendments:

PART 110--ANCHORAGE REGULATIONS

0
1. The authority citation for part 110 continues to read as follows:

    Authority: 33 U.S.C. 471, 2071; 46 U.S.C. 70034; 33 CFR 1.05-1;
Department of Homeland Security Delegation No. 0170.1

Sec.  110.4   [Amended]

0
2. In Sec.  110.4(d)(1), remove ``longitude 069[deg]58'54.0838'' W'',
and add, in its place ``longitude 068[deg]58'54.0838'' W'', and remove
``longitude 069[deg]59'55.2686'' W'' and add, in its place ``longitude
068[deg]59'55.2686'' W''.

    Dated: August 5, 2020.
T.G. Allan Jr.,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.

[FR Doc. 2020-17518 Filed 8-17-20; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: January 18, 2008 (Volume 73, Number 13)]
[Notices]
[Page 3470-3471]
[DOCID:fr18ja08-58]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. 2008N-0004]

Draft Guidance for Industry on Acute Bacterial Otitis Media:
Developing Drugs for Treatment; Availability

AGENCY:  Food and Drug Administration, HHS.

ACTION:  Notice.

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SUMMARY:  The Food and Drug Administration (FDA) is announcing the
availability of a draft guidance for industry entitled ``Acute
Bacterial Otitis Media: Developing Drugs for Treatment.'' The purpose
of this draft guidance is to assist clinical trial sponsors and
investigators in the development of antimicrobial drug products for the
treatment of acute bacterial otitis media (ABOM). The agency's thinking
in this area has evolved in recent years, and this draft guidance, when
finalized, will inform sponsors of the changes in our recommendations.
In addition, it will fulfill a statutory requirement to publish such a
guidance enacted in the Food and Drug Administration Amendments Act of
2007 (FDAAA).

DATES:  Although you can comment on any guidance at any time (see 21
CFR 10.115(g)(5)), to ensure that the agency considers your comment on
this draft guidance before it begins work on the final version of the
guidance, submit written or electronic comments on the draft guidance
by April 17, 2008.

ADDRESSES:  Submit written requests for single copies of the draft
guidance to the Division of Drug Information (HFD-240), Center for Drug
Evaluation and Research, Food and Drug Administration, 5600 Fishers
Lane, Rockville, MD 20857. Send one self-addressed adhesive label to
assist that office in processing your requests. Submit written comments
on the draft guidance to the Division of Dockets Management (HFA-305),
Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville,
MD 20852. Submit electronic comments to either http://www.fda.gov/dockets/ecomments or http://www.regulations.gov. See the SUPPLEMENTARY
RY
INFORMATION section for electronic access to the draft guidance
document.

FOR FURTHER INFORMATION CONTACT: John Alexander, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 22, rm. 6134, Silver Spring, MD 20993-0002, 301-
796-1400.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a draft guidance for industry
entitled ``Acute Bacterial Otitis Media: Developing Drugs for
Treatment.'' The purpose of this draft guidance is to assist clinical
trial sponsors and investigators in the development of antimicrobial
drug products for the treatment of ABOM. This guidance revises the
draft guidance regarding ABOM published in 1998. Section 911 of FDAAA
(Public Law 110-85) adds section 511 to the Federal Food, Drug, and
Cosmetic Act that directs the Secretary of Health and Human Services to
``issue guidance for the conduct of clinical trials with respect to
antibiotic drugs, including antimicrobials to treat * * * acute
bacterial otitis media * * *.'' This draft guidance will fulfill this
statutory requirement.
    The design of clinical trials for ABOM was the subject of an Anti-
Infective Drugs Advisory Committee meeting on July 11, 2002. In
addition, other advisory committee meetings have focused on the
development of specific drug products for this indication. As a result
of these public discussions, as well as review of pending applications
at FDA, the agency's thinking in this area has evolved in recent years,
and this guidance informs sponsors of the changes in our
recommendations. Specifically, this draft guidance recommends that ABOM
clinical trials be designed as superiority rather than noninferiority
trials, and discusses some possible study designs that might be
employed in an ABOM trial designed to show superiority. This draft
guidance

also recommends that microbiological information be obtained in at
least one of the controlled studies. This draft guidance discusses
patient-reported outcome instruments for assessing clinical response,
and the use of time to resolution as a possible approach to assessing
the primary endpoint in clinical studies.
    This draft guidance is being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The draft guidance, when
finalized, will represent the agency's current thinking on developing
drugs for the treatment of acute bacterial otitis media. It does not
create or confer any rights for or on any person and does not operate
to bind FDA or the public. An alternative approach may be used if such
approach satisfies the requirements of the applicable statutes and
regulations.

II. The Paperwork Reduction Act of 1995

    This draft guidance refers to previously approved collections of
information that are subject to review by the Office of Management and
Budget under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
The collections of information in 21 CFR part 312 have been approved
under 0910-0014; the collections of information in 21 CFR part 314 have
been approved under 0910-0001; and the collections of information
referred to in the guidance Establishment and Operation of Clinical
Trial Data Monitoring Committees have been approved under 0910-0581.

III. Comments

    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) written or electronic comments regarding this document.
Submit a single copy of electronic comments or two paper copies of any
mailed comments, except that individuals may submit one paper copy.
Comments are to be identified with the docket number found in brackets
in the heading of this document. Received comments may be seen in the
Division of Dockets Management between 9 a.m. and 4 p.m., Monday
through Friday.
    Please note that in January 2008, the FDA Web site is expected to
transition to the Federal Dockets Management System (FDMS). FDMS is a
Government-wide, electronic docket management system. After the
transition date, electronic submissions will be accepted by FDA through
the FDMS only. When the exact date of the transition to FDMS is known,
FDA will publish a Federal Register notice announcing that date.

IV. Electronic Access

    Persons with access to the Internet may obtain the document at
either http://www.fda.gov/cder/guidance/index.htm or http://www
.fda.gov/ohrms/dockets/default.htm.

    Dated: January 11, 2008.
Jeffrey Shuren,
Assistant Commissioner for Policy.
[FR Doc. E8-835 Filed 1-17-08; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register Volume 76, Number 115 (Wednesday, June 15, 2011)]
[Rules and Regulations]
[Pages 34855-34859]
[FR Doc No: 2011-14828]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0470]
RIN 1625-AA00

Safety Zones; Marine Events in Captain of the Port Long Island
Sound Zone

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing 17 temporary safety zones for
marine events within the Captain of the Port (COTP) Long Island Sound
Zone for firework displays. This action is necessary to provide for the
safety of life on navigable waters during the events. Entry into,
transit through, mooring or anchoring within these zones is prohibited
unless authorized by the Captain of the Port Sector Long Island Sound.

DATES: This rule is effective in the CFR on June 15, 2011 through 10:30
p.m. on July 16, 2011. This rule is effective with actual notice for
purposes of enforcement beginning at 8:30 p.m. on June 11, 2011.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0470 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-0470 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail Petty Officer Joseph Graun, Prevention
Department, Coast Guard Sector Long Island Sound,<PHONE_NUMBER>,
<EMAIL_ADDRESS>If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because any delay encountered in this
regulation's effective date by publishing a NPRM would be contrary to
public interest since immediate action is needed to provide for the
safety of life and property on navigable waters from the hazardous
nature of fireworks including unexpected detonation and burning debris.
We spoke with each event sponsor and each indicated they were unable
and unwilling to move their event date to a later time for the
following reasons. Sponsors for Sag Harbor, Mason's Island Yacht Club,
Lawrence Beach Club, Cancer Center for Kids, Barnum Festival, Devon
Yacht Club, Independence Day Celebration, Go 4th on the Bay, Dolan
Family Fourth, City of Long Beach, Shelter Island, Point O'Woods Fire
Company, South Bay Go 4th on the Bay Davis Park, North Bay Go 4th on
the Bay, and Montauk Yacht Club Independence Day fireworks displays
stated they are unwilling to reschedule these events because they are
held in conjunction with the Fourth of July holiday and various holiday
festivities. Many community members have made holiday plans based on
these fireworks events, changing the date would cause numerous
cancelations and hurt small businesses. Rescheduling would not be a
viable option because most event venues, entertainers and venders have
fully booked summer schedules making rescheduling nearly impossible.
These fireworks displays are all reoccurring marine events with a
proposed permanent rule currently in a public comment period under
docket number USCG-2008-0384 titled, Special Local Regulations; Safety
and Security Zones; Recurring Events in Captain of the Port Long Island
Sound Zone. Additionally, the Coast Guard has ordered safety zones or
special local regulations for all of these areas for past events and
has not received public comments or concerns regarding the impact to
waterway traffic from those events.
    The sponsor of the Claim Shell Foundation Fireworks stated they are
unwilling to reschedule their event due to other activities being held
in conjunction with their fireworks display, including a large
community fund raising festival and many festivals put on by local
small businesses. Many community members have made plans based on these
events and changing the date would cause numerous cancelations and hurt
small businesses. This event is a reoccurring marine events with a
proposed permanent rule currently in a public comment period under
docket number USCG-2008-0384 titled, Special Local Regulations; Safety
and Security Zones; Recurring Events in Captain of the Port Long Island
Sound Zone. Additionally, the Coast Guard has ordered safety zones or
special local regulations for this area for past events and has not
received public comments or concerns regarding the impact to waterway
traffic from events.
    The sponsor for the Chezzam Entertainment Group Fireworks was not
aware of the requirements for submitting a marine event application 135
days in advance resulting in a late notification to the Coast Guard.
The sponsor is now aware of this for future events. It is not viable
for the sponsor to reschedule the event due to other activities being
held in conjunction with their fireworks display, including a

birthday party celebration involving many out of town guests.
    For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard
finds that good cause exists for making this rule effective less than
30 days after publication in the Federal Register. Delaying the
effective date by first publishing a NPRM would be contrary to the
rule's objectives of ensuring safety of life on the navigable waters
during these scheduled events as immediate action is needed to protect
persons and vessels from the hazardous nature of fireworks including
unexpected detonation and burning debris.

Basis and Purpose

    The legal basis for the temporary rule is 33 U.S.C. 1226, 1231; 46
U.S.C. Chapter 701, 3306, 3703; Public Law 107-295, 116 Stat. 2064; and
Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to define safety zones.
    Marine events are frequently held on the navigable waters within
the COTP Long Island Sound Zone. Based on accidents that have occurred
in other Captain of the Port zones, and the explosive hazards of
fireworks, the COTP Long Island has determined that fireworks launches
proximate to watercrafts pose significant risk to public safety and
property. The combination of increased numbers of recreation vessels,
congested waterways, darkness punctuated by bright flashes of light,
and debris falling into the water has the potential to result in
serious injuries or fatalities. In order to protect the safety of all
waterway users including event participants and spectators, this
temporary rule establishes temporary safety zones for the time and
location of each event.
    This rule prevents vessels from entering, transiting, mooring or
anchoring within areas specifically designated as regulated areas
during the periods of enforcement unless authorized by the COTP, or
designated on-scene patrol personnel.

Discussion of Rule

    This temporary rule creates safety zones for all navigable waters
within a 1000 foot zone around each firework displays. These events are
listed below in the text of the regulation.
    Because large numbers of spectator vessels are expected to
congregate around the location of these events, the regulated areas are
needed to protect both spectators and participants from the safety
hazards created by fireworks displays including unexpected detonation
and burning debris. During the enforcement period of the regulated
areas, persons and vessels are prohibited from entering, transiting
through, remaining, anchoring or mooring within the zone unless
specifically authorized by the COTP or his designated representatives.
The Coast Guard may be assisted by other Federal, state and local
agencies in the enforcement of these regulated areas.
    The Coast Guard determined that these regulated areas will not have
a significant impact on vessel traffic due to their temporary nature
and limited size and the fact that vessels are allowed to transit the
navigable waters outside of the regulated areas. Additionally, The
Coast Guard has ordered safety zones or special local regulations for
all of these 17 areas for past events and has not received public
comments or concerns regarding the impact to waterway traffic from
events.
    Advanced public notifications will also be made to the local
maritime community by the Local Notice to Mariners as well as Broadcast
Notice to Mariners.

Regulatory Analyses

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

Executive Order 12866 and Executive Order 13563

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. The Office of Management and Budget has not reviewed it
under that Order.
    The Coast Guard determined that this rule is not a significant
regulatory action for the following reasons: The regulated areas will
be of limited duration, they cover only a small portion of the
navigable waterways, and the events are designed to avoid, to the
extent possible, deep draft, fishing, and recreational boating traffic
routes. In addition, vessels requiring entry into the area of the
regulated areas may be authorized to do so by the Captain of the Port.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule will affect the following entities, some of which
may be small entities: the owners or operators of vessels intending to
transit or anchor in the designated regulated area during the
enforcement periods stated for each event in the List of Subjects.
    The temporary safety zones will not have a significant economic
impact on a substantial number of small entities for the following
reasons: The regulated areas will be of limited size and of short
duration, and vessels that can safely do so may navigate in all other
portions of the waterways except for the areas designated as regulated
areas. Additionally, before the effective period, the Coast Guard will
issue notice of the time and location of each regulated area through a
Local Notice to Mariners and Broadcast Notice to Mariners.

Assistance for Small Entities

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

Collection of Information

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

Federalism

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

Unfunded Mandates Reform Act

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

Taking of Private Property

    This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

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

Protection of Children

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

Indian Tribal Governments

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

Energy Effects

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

Technical Standards

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

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves the establishment of
temporary safety zones. An environmental analysis checklist and a
categorical exclusion determination are available in the docket where
indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapters 701, 3306,
3703; 33 CFR 1.05-1 and 160.5; Pub. L. 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T01-0470 to read as follows:

Sec.  165.T01-0470  Safety Zones; Maine Events in Captain of the Port
Long Island Sound Zone

    (a) Regulations.
    The general regulations contained in 33 CFR 165.23 as well as the
following regulations apply to the fireworks displays listed in TABLE 1
of T01-0470.
    These regulations will be enforced for the duration of each event.
Notifications of exact dates and times of the enforcement period will
be made to the local maritime community through the Local Notice to
Mariners and Broadcast Notice to Mariners. First Coast Guard District
Local Notice to Mariners can be found at http://www.navcen.uscg.gov/.
    (b) Definitions. The following definitions apply to this section:
    (1) Designated Representative. A ``designated representative'' is
any Coast Guard commissioned, warrant or petty officer of the U.S.
Coast Guard who has been designated by the Captain of the Port, Sector
Long Island Sound (COTP), to act on his or her behalf. The designated
representative may be on an official patrol vessel or may be on shore
and will communicate with vessels via VHF-FM radio or loudhailer. In
addition, members of the Coast Guard Auxiliary may be present to inform
vessel operators of this regulation.
    (2) Official Patrol Vessels. Official patrol vessels may consist of
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement
vessels assigned or approved by the COTP.
    (3) Spectators. All persons and vessels not registered with the
event sponsor as participants or official patrol vessels.
    (c) Vessel operators desiring to enter or operate within the
regulated areas should contact the COTP or the designated
representative via VHF channel 16 to obtain permission to do so.
    (d) Spectators or other vessels shall not anchor, block, loiter, or
impede the transit of event participants or official patrol vessels in
the regulated areas during the effective dates and times, or

dates and times as modified through the Local Notice to Mariners,
unless authorized by COTP or designated representative.
    (e) Upon being hailed by a U.S. Coast Guard vessel or the
designated representative, by siren, radio, flashing light or other
means, the operator of the vessel shall proceed as directed. Failure to
comply with a lawful direction may result in expulsion from the area,
citation for failure to comply, or both.
    (f) The COTP or designated representative may delay or terminate
any marine event in this subpart at any time it is deemed necessary to
ensure the safety of life or property.
    (g) The regulated area for all fireworks displays listed in TABLE 1
of T01-0470 is that area of navigable waters within a 1000 foot radius
of the launch platform or launch site for each fireworks display.
    (h) Fireworks barges used in these locations will also have a sign
on their port and starboard side labeled ``FIREWORKS--STAY AWAY.'' This
sign will consist of 10 inch high by 1.5 inch wide red lettering on a
white background. Shore sites used in these locations will display a
sign labeled ``FIREWORKS--STAY AWAY'' with the same dimensions.

                           Table 1 of T01-0470
------------------------------------------------------------------------

------------------------------------------------------------------------
6                                                      June
------------------------------------------------------------------------
6.1 Chezzam Entertainment Group           Date: June 11, 2011.
 Fireworks Display.                       Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: All water of
                                          Great South Bay, Ocean Bay
                                          Park, NY in approximate
                                          position 40[deg]39'06.45'' N,
                                          073[deg]8'45.26'' W (NAD 83).
------------------------------------------------------------------------
7                                                      July
------------------------------------------------------------------------
7.1 Sag Harbor Fireworks...............   Date: July 2, 2011.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters of
                                          Sag Harbor Bay off Havens
                                          Beach, Sag Harbor, NY in
                                          approximate position
                                          41[deg]00'26'' N,
                                          072[deg]17'9'' W (NAD 83).
------------------------------------------------------------------------
7.2 Mason's Island Yacht Club Fireworks   Date: July 2, 2011.
                                          Rain date: July 3,
                                          2011.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters of
                                          Fisher's Island Sound, Noank,
                                          CT in approximate position
                                          41[deg]19'30.61'' N,
                                          071[deg]57'48.22'' W (NAD 83).
------------------------------------------------------------------------
7.3 Lawrence Beach Club Fireworks......   Date: July 2, 2011.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters of
                                          the Atlantic Ocean off
                                          Lawrence Beach Club, Atlantic
                                          Beach, NY in approximate
                                          position 40[deg]34'42.65'' N,
                                          073[deg]42'56.02'' W (NAD 83).
------------------------------------------------------------------------
7.4 Cancer Center for Kids Fireworks...   Date: July 2, 2011.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters of
                                          Long Island Sound, Bayville,
                                          NY in approximate position
                                          40[deg]54'38.20'' N,
                                          073[deg]34'56.88'' W (NAD 83).
------------------------------------------------------------------------
7.5 Barnum Festival Fireworks..........   Date: July 3, 2011.
                                          Rain Date: following
                                          day.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters of
                                          Bridgeport Harbor, Bridgeport,
                                          CT in approximate position
                                          41[deg]9'04'' N,
                                          073[deg]12'49'' W (NAD 83).
------------------------------------------------------------------------
7.6 Devon Yacht Club...................   Date: July 3, 2011.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Water of
                                          Napeague Bay, Block Island
                                          Sound, Amagansett, NY in
                                          approximate position
                                          40[deg]59'41.4'' N,
                                          072[deg]6'8.7'' W (NAD 83).
------------------------------------------------------------------------
7.7 Independence Day Celebration          Date: July 4, 2011.
 Fireworks.                               Rain date: July 5,
                                          2011.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters of
                                          Atlantic Ocean off Umbrella
                                          Beach, Montauk, NY in
                                          approximate position
                                          41[deg]01'44'' N,
                                          071[deg]57'13'' W (NAD 83).
------------------------------------------------------------------------
7.8 Go 4th on the Bay..................   Date: July 4, 2011.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Water of the
                                          Great South Bay, Blue Point,
                                          NY in approximate position
                                          40[deg]44'06.28'' N,
                                          073[deg]01'02.50'' W (NAD 83).
------------------------------------------------------------------------
7.9 Dolan Family Fourth................   Date: July 4, 2011.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Water of
                                          Long Island Sound, Oyster Bay
                                          Harbor, Oyster Bay, NY in
                                          approximate position
                                          40[deg]53'42.50'' N,
                                          073[deg]30'04.30'' W (NAD 83).
------------------------------------------------------------------------

7.10 City of Long Beach Fireworks......   Date: July 4, 2011.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters off
                                          Riverside Blvd, City of Long
                                          Beach, NY in approximate
                                          position 40[deg]34'38.77'' N,
                                          073[deg]39'41.32'' W (NAD 83).
------------------------------------------------------------------------
7.11 Shelter Island Fireworks..........   Date: July 4, 2011.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters of
                                          Gardiner Bay, Shelter Island,
                                          NY in approximate position
                                          41[deg]04'39.11'' N,
                                          072[deg]22'01.07'' W (NAD 83).
------------------------------------------------------------------------
7.12 Point O'Woods Fire Company Summer    Date: July 3, 2011.
 Fireworks.                               Rain date: July 4,
                                          2011.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters of
                                          the Great South Bay, Point
                                          O'Woods, NY in approximate
                                          position 40[deg]39'18.57'' N,
                                          073[deg]08'5.73'' W (NAD 83).
------------------------------------------------------------------------
7.13 South Bay Go 4th on the Bay Davis    Date: July 4, 2011.
 Park Fireworks.                          Rain date: July 5,
                                          2011.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters of
                                          the Great South Bay, Davis
                                          Park, NY in approximate
                                          position, 40[deg]41'38.23'' N,
                                          073[deg]00'21.54'' W (NAD 83).
------------------------------------------------------------------------
7.14 North Bay Go 4th on the Bay          Date: July 4, 2011.
 Fireworks.                               Rain date: July 5,
                                          2011.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters of
                                          the Great South Bay, Blue
                                          Point, NY in approximate
                                          position, 40[deg]44'06.28'' N,
                                          073[deg]01'02.50'' W (NAD 83).
------------------------------------------------------------------------
7.15 Montauk Yacht Club Independence      Date: July 2, 2011.
 Day Fireworks.                           Rain date: July 3,
                                          2011.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters of
                                          Lake Montauk, Montauk, NY in
                                          approximate position,
                                          41[deg]03'58.80'' N,
                                          071[deg]55'42.83'' W (NAD 83).
------------------------------------------------------------------------
7.16 Clam Shell Fireworks..............   Date: July 16, 2011.
                                          Rain date: July 17,
                                          2011.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters of
                                          Three Mile Harbor, East
                                          Hampton, NY in approximate
                                          position, 41[deg]01'14.58'' N,
                                          072[deg]11'11.38'' W (NAD 83).
------------------------------------------------------------------------

    Dated: June 3, 2011.
J.M. Vojvodich,
Captain, U. S. Coast Guard, Captain of the Port Sector Long Island
Sound.
[FR Doc. 2011-14828 Filed 6-14-11; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 84, Number 191 (Wednesday, October 2, 2019)]
[Notices]
[Pages 52585-52588]
[FR Doc No: 2019-21456]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-1999-5578; FMCSA-1999-5748; FMCSA-2000-7165; FMCSA-
2000-7918; FMCSA-2003-15892; FMCSA-2004-17984; FMCSA-2005-20560; FMCSA-
2005-21711; FMCSA-2007-29019; FMCSA-2008-0021; FMCSA-2009-0086; FMCSA-
2009-0121; FMCSA-2009-0154; FMCSA-2009-0206; FMCSA-2010-0161; FMCSA-
2011-0057; FMCSA-2011-0124; FMCSA-2011-0141; FMCSA-2013-0025; FMCSA-
2013-0027; FMCSA-2013-0029; FMCSA-2014-0300; FMCSA-2014-0304; FMCSA-
2015-0048; FMCSA-2015-0052; FMCSA-2015-0055; FMCSA-2015-0056; FMCSA-
2016-0377; FMCSA-2017-0017; FMCSA-2017-0020; FMCSA-2017-0022; FMCSA-
2017-0023]

Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemptions; request for comments.

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

SUMMARY: FMCSA announces its decision to renew exemptions for 79
individuals from the vision requirement in the Federal Motor Carrier
Safety Regulations (FMCSRs) for interstate commercial motor vehicle
(CMV) drivers. The exemptions enable these individuals to continue to
operate CMVs in interstate commerce without meeting the vision
requirements in one eye.

DATES: Each group of renewed exemptions were applicable on the dates
stated in the discussions below and will expire on the dates stated in
the discussions below. Comments must be received on or before November
1, 2019.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-1999-5578, Docket No. FMCSA-
1999-5748, Docket No. FMCSA-2000-7165, Docket No. FMCSA-2000-7918,
Docket No. FMCSA-2003-15892, Docket No. FMCSA-2004-17984, Docket No.
FMCSA-2005-20560, Docket No. FMCSA-2005-21711, Docket No. FMCSA-2007-
29019, Docket No. FMCSA-2008-0021, Docket No. FMCSA-2009-0086, Docket
No. FMCSA-2009-0121, Docket No. FMCSA-2009-0154, Docket No. FMCSA-2009-
0206, Docket No. FMCSA-2010-0161, Docket No. FMCSA-2011-0057, Docket
No. FMCSA-2011-0124, Docket No. FMCSA-2011-0141, Docket No. FMCSA-2013-
0025, Docket No. FMCSA-2013-0027, Docket No. FMCSA-2013-0029, Docket
No. FMCSA-2014-0300, Docket No. FMCSA-2014-0304, Docket No. FMCSA-2015-
0048, Docket No. FMCSA-2015-0052, Docket No. FMCSA-2015-0055, Docket
No. FMCSA-2015-0056, Docket No. FMCSA-2016-0377, Docket No. FMCSA-2017-
0017, Docket No. FMCSA-2017-0020, Docket No. FMCSA-2017-0022, or Docket
No. FMCSA-2017-0023 using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
ET, Monday through Friday, except Federal Holidays.
     Fax:<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.,
ET, Monday through Friday, except Federal holidays. If you have
questions regarding viewing or submitting material to the docket,
contact Docket Services,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-1999-5578; FMCSA-1999-5748; FMCSA-2000-7165;
FMCSA-2000-7918; FMCSA-2003-15892; FMCSA-2004-17984; FMCSA-2005-20560;
FMCSA-2005-21711; FMCSA-2007-29019; FMCSA-2008-0021; FMCSA-2009-0086;
FMCSA-2009-0121; FMCSA-2009-0154; FMCSA-2009-0206; FMCSA-2010-0161;
FMCSA-2011-0057; FMCSA-2011-0124; FMCSA-2011-0141; FMCSA-2013-0025;
FMCSA-2013-0027; FMCSA-2013-0029; FMCSA-2014-0300; FMCSA-2014-0304;
FMCSA-2015-0048; FMCSA-2015-0052; FMCSA-2015-0055; FMCSA-2015-0056;
FMCSA-2016-0377; FMCSA-2017-0017; FMCSA-2017-0020; FMCSA-2017-0022; or
FMCSA-2017-0023), indicate the specific section of this document to
which each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online or by
fax, mail, or hand delivery, but please use only one of these means.
FMCSA recommends that you include your name and a mailing address, an
email address, or a phone number in the body of your document so that
FMCSA can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
put the docket number, FMCSA-1999-5578; FMCSA-1999-5748; FMCSA-2000-
7165; FMCSA-2000-7918; FMCSA-2003-15892; FMCSA-2004-17984; FMCSA-2005-
20560; FMCSA-2005-21711; FMCSA-2007-29019; FMCSA-2008-0021; FMCSA-2009-
0086; FMCSA-2009-0121; FMCSA-2009-0154; FMCSA-2009-0206; FMCSA-2010-
0161; FMCSA-2011-0057; FMCSA-2011-0124; FMCSA-2011-0141; FMCSA-2013-
0025; FMCSA-2013-0027; FMCSA-2013-0029; FMCSA-2014-0300; FMCSA-2014-
0304; FMCSA-2015-0048; FMCSA-2015-0052; FMCSA-2015-0055; FMCSA-2015-
0056; FMCSA-2016-0377; FMCSA-2017-0017; FMCSA-2017-0020; FMCSA-2017-
0022; or FMCSA-2017-0023, in the keyword box, and click ``Search.''
When the new screen appears, click on the ``Comment Now!'' button and
type your comment into the text box on the following screen. Choose
whether you are submitting your comment as an individual or on behalf
of a third party and then submit.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the
comment period.

B. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to http://www.regulations.gov.
Insert the docket number, FMCSA-1999-5578; FMCSA-1999-5748; FMCSA-2000-
7165; FMCSA-2000-7918; FMCSA-

2003-15892; FMCSA-2004-17984; FMCSA-2005-20560; FMCSA-2005-21711;
FMCSA-2007-29019; FMCSA-2008-0021; FMCSA-2009-0086; FMCSA-2009-0121;
FMCSA-2009-0154; FMCSA-2009-0206; FMCSA-2010-0161; FMCSA-2011-0057;
FMCSA-2011-0124; FMCSA-2011-0141; FMCSA-2013-0025; FMCSA-2013-0027;
FMCSA-2013-0029; FMCSA-2014-0300; FMCSA-2014-0304; FMCSA-2015-0048;
FMCSA-2015-0052; FMCSA-2015-0055; FMCSA-2015-0056; FMCSA-2016-0377;
FMCSA-2017-0017; FMCSA-2017-0020; FMCSA-2017-0022; or FMCSA-2017-0023,
in the keyword box, and click ``Search.'' Next, click the ``Open Docket
Folder'' button and choose the document to review. If you do not have
access to the internet, you may view the docket online by visiting the
Docket Management Facility in Room W12-140 on the ground floor of the
DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590,
between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal
holidays.

C. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

II. Background

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-year period if it finds such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption. The statute also allows the Agency to renew exemptions at
the end of the 5-year period. FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
    The physical qualification standard for drivers regarding vision
found in 49 CFR 391.41(b)(10) states that a person is physically
qualified to drive a CMV if that person has distant visual acuity of at
least 20/40 (Snellen) in each eye without corrective lenses or visual
acuity separately corrected to 20/40 (Snellen) or better with
corrective lenses, distant binocular acuity of a least 20/40 (Snellen)
in both eyes with or without corrective lenses, field of vision of at
least 70[deg] in the horizontal meridian in each eye, and the ability
to recognize the colors of traffic signals and devices showing red,
green, and amber.
    The 79 individuals listed in this notice have requested renewal of
their exemptions from the vision standard in Sec.  391.41(b)(10), in
accordance with FMCSA procedures. Accordingly, FMCSA has evaluated
these applications for renewal on their merits and decided to extend
each exemption for a renewable 2-year period.

III. Request for Comments

    Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315(b), FMCSA will take immediate steps to revoke the
exemption of a driver.

IV. Basis for Renewing Exemptions

    In accordance with 49 U.S.C. 31136(e) and 31315(b), each of the 79
applicants has satisfied the renewal conditions for obtaining an
exemption from the vision standard (see 64 FR 27027; 64 FR 40404; 64 FR
51568; 64 FR 66962; 65 FR 33406; 65 FR 57234; 65 FR 66286; 66 FR 13825;
66 FR 63289; 68 FR 13360; 68 FR 52811; 68 FR 61860; 68 FR 64944; 69 FR
33997; 69 FR 61292; 70 FR 12265; 70 FR 17504; 70 FR 30997; 70 FR 48797;
70 FR 61165; 70 FR 61493; 70 FR 67776; 71 FR 55820; 71 FR 62147; 72 FR
11426; 72 FR 27624; 72 FR 40362; 72 FR 54971; 72 FR 58362; 72 FR 64273;
72 FR 67344; 73 FR 15567; 73 FR 27015; 73 FR 65009; 74 FR 8302; 74 FR
19267; 74 FR 19270; 74 FR 26461; 74 FR 28094; 74 FR 34394; 74 FR 34630;
74 FR 37295; 74 FR 43217; 74 FR 48343; 74 FR 49069; 74 FR 53581; 74 FR
57551; 74 FR 57553; 74 FR 62632; 75 FR 19674; 75 FR 39725; 75 FR 61833;
76 FR 4413; 76 FR 12216; 76 FR 18824; 76 FR 25762; 76 FR 29024; 76 FR
32016; 76 FR 34136; 76 FR 37168; 76 FR 40445; 76 FR 53710; 76 FR 54530;
76 FR 55463; 76 FR 62143; 76 FR 64171; 76 FR 66123; 76 FR 70212; 76 FR
70215; 77 FR 23797; 77 FR 56262; 78 FR 18667; 78 FR 20376; 78 FR 24300;
78 FR 24798; 78 FR 32703; 78 FR 34141; 78 FR 34143; 78 FR 46407; 78 FR
51269; 78 FR 52602; 78 FR 64280; 78 FR 68137; 78 FR 77782; 79 FR 4531;
79 FR 23797; 79 FR 24298; 79 FR 51642; 80 FR 2473; 80 FR 14223; 80 FR
16500; 80 FR 18693; 80 FR 25768; 80 FR 26139; 80 FR 26320; 80 FR 29149;
80 FR 31635; 80 FR 33011; 80 FR 35699; 80 FR 37718; 80 FR 44188; 80 FR
48404; 80 FR 48409; 80 FR 49302; 80 FR 50917; 80 FR 59225; 80 FR 59230;
80 FR 62161; 80 FR 63869; 81 FR 1284; 81 FR 71173; 82 FR 13045; 82 FR
18956; 82 FR 20962; 82 FR 32919; 82 FR 33542; 82 FR 34564; 82 FR 37499;
82 FR 37504; 82 FR 43647; 82 FR 47296; 82 FR 47309; 82 FR 47312; 83 FR
2289; 83 FR 3861; 83 FR 4537). They have submitted evidence showing
that the vision in the better eye continues to meet the requirement
specified at Sec.  391.41(b)(10) and that the vision impairment is
stable. In addition, a review of each record of safety while driving
with the respective vision deficiencies over the past 2 years indicates
each applicant continues to meet the vision exemption requirements.
These factors provide an adequate basis for predicting each driver's
ability to continue to drive safely in interstate commerce. Therefore,
FMCSA concludes that extending the exemption for each renewal applicant
for a period of 2 years is likely to achieve a level of safety equal to
that existing without the exemption.
    In accordance with 49 U.S.C. 31136(e) and 31315(b), the following
groups of drivers received renewed exemptions in the month of November
and are discussed below. As of November 3, 2019, and in accordance with
49 U.S.C. 31136(e) and 31315, the following 56 individuals have
satisfied the renewal conditions for obtaining an exemption from the
vision requirement in the FMCSRs for interstate CMV drivers (65 FR
33406; 65 FR 57234; 65 FR 66286; 66 FR 13825; 68 FR 13360; 68 FR 52811;
68 FR 61860; 69 FR 33997; 69 FR 61292; 70 FR 12265; 70 FR 48797; 70 FR
61165; 70 FR 61493; 71 FR 62147; 72 FR 11426; 72 FR 27624; 72 FR 54971;
73 FR 15567; 73 FR 27015; 74 FR 8302; 74 FR 19267; 74 FR 19270; 74 FR
26461; 74 FR 28094; 74 FR 34630; 74 FR 37295; 74 FR 48343; 74 FR 49069;
74 FR 53581; 75 FR 19674; 75 FR 39725; 75 FR 61833; 76 FR 12216; 76 FR
25762; 76 FR 32016; 76 FR 37168; 76 FR 40445; 76 FR 53710; 76 FR 62143;
76 FR 64171; 77 FR 23797; 77 FR 56262; 78 FR 18667; 78 FR 20376; 78 FR
24300; 78 FR 24798; 78 FR 32703; 78 FR 34141; 78 FR 34143; 78 FR 46407;
78 FR 51269; 78 FR 52602; 78 FR 68137; 78 FR 77782; 79 FR 4531; 79 FR
23797; 79 FR 51642; 80 FR 2473; 80 FR 14223; 80 FR 16500; 80 FR 18693;
80 FR 25768; 80 FR 26139; 80 FR 26320; 80 FR 29149; 80 FR 31635; 80 FR
33011; 80 FR 35699; 80 FR 37718; 80 FR 44188; 80 FR 48404; 80 FR 48409;
80 FR 49302; 80 FR 50917; 80 FR 59225; 80 FR 59230; 80 FR 62161; 81 FR
1284; 81 FR 71173; 82 FR 13045; 82 FR 18956; 82 FR 20962; 82 FR 32919;
82 FR 33542;

82 FR 34564; 82 FR 37499; 82 FR 37504; 82 FR 43647; 82 FR 47296; 82 FR
47309; 82 FR 47312; 83 FR 2289; 83 FR 3861; 83 FR 4537):

Steven B. Anderson (ID)
Gregory W. Babington (MA)
Ronald Bostick (SC)
Brian M. Bowman (TN)
Eric L. Boyle, Jr. (MD)
Steven J. Brauer (NJ)
Robert J. Burns (KY)
Charles C. Chapman (NC)
Roderick Croft (FL)
Jeffrey S. Daniel (VA)
Mark P. Davis (ME)
John J. Davis (SC)
Chris M. DeJong (NM)
Dan J. Feik (IL)
Saul E. Fierro (AZ)
John A. Gartner (MN)
Elias Gomez, Jr. (TX)
Keith N. Hall (UT)
Donald A. Hall (NC)
Walter A. Hanselman (IN)
Robert D. Hattabaugh (AR)
Dustin L. Hawkins (MO)
Dean R. Hawley (NC)
Steven E. Hayes (IN)
Amos S. Hostetter (OH)
James T. Johnson (KY)
Michael A. Kelly (TX)
Mark L. LeBlanc (MN)
David F. LeClerc (MN)
Stephen C. Linardos (FL)
Daniel C. Linares (CA)
Robert E. Mayers (MN)
James G. Miles (TN)
Jeffrey M. Mueller (MO)
Charles W. Mullenix (GA)
Pablo R. Murillo (TX)
Ricky Nickell (OH)
Jesse A. Nosbush (MN)
Lonnie D. Prejean (TX)
Matias P. Quintanilla (CA)
Alonzo K. Rawls (NJ)
Berry A. Rodrigue (LA)
Roger D. Rogers (PA)
Manuel H. Sanchez (TX)
Ricky J. Sanderson (UT)
Brandon L. Siebe (KY)
Gregory C. Simmons (VA)
Efren J. Soliz (NM)
Wayne M. Stein (FL)
John B. Stiltner (KY)
Dale G. Stringer (TX)
James B. Taflinger, Sr. (VA)
James B. Tucker (KY)
Arnulfo J. Valenzuela (TX)
Danny L. Watson (TN)
William E. Zezulka (MN)

    The drivers were included in docket numbers FMCSA-2000-7165; FMCSA-
2000-7918; FMCSA-2003-15892; FMCSA-2004-17984; FMCSA-2005-21711; FMCSA-
2008-0021; FMCSA-2009-0086; FMCSA-2009-0121; FMCSA-2009-0154; FMCSA-
2010-0161; FMCSA-2011-0141; FMCSA-2013-0025; FMCSA-2013-0027; FMCSA-
2013-0029; FMCSA-2014-0300; FMCSA-2014-0304; FMCSA-2015-0048; FMCSA-
2015-0052; FMCSA-2015-0055; FMCSA-2015-0056; FMCSA-2016-0377; FMCSA-
2017-0017; FMCSA-2017-0020; FMCSA-2017-0022; and FMCSA-2017-0023. Their
exemptions are applicable as of November 3, 2019, and will expire on
November 3, 2021.
    As of November 6, 2019, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following nine individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (70 FR 17504; 70 FR 30997; 70 FR
48797; 70 FR 61493; 72 FR 40362; 72 FR 54971; 74 FR 34394; 74 FR 43217;
74 FR 49069; 74 FR 57551; 76 FR 18824; 76 FR 29024; 76 FR 34136; 76 FR
54530; 76 FR 55463; 76 FR 66123; 78 FR 77782; 79 FR 24298; 80 FR 63869;
83 FR 3861):

James J. Doan (PA)
James E. Fix (SC)
James P. Greene (NY)
Steven R. Lechtenberg (NE)
Joseph L. Mast (OR)
Jesse R. McClary, Sr. (MO)
Halman Smith (DE)
Jerry W. Stanfill (AR)
Scott C. Teich (MN)

    The drivers were included in docket numbers FMCSA-2005-20560;
FMCSA-2005-21711; FMCSA-2009-0206; FMCSA-2011-0057; and FMCSA-2011-
0124. Their exemptions are applicable as of November 6, 2019, and will
expire on November 6, 2021.
    As of November 28, 2019, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following eight individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (69 FR 33997; 69 FR 61292; 70 FR
48797; 70 FR 61493; 71 FR 55820; 72 FR 54971; 72 FR 58362; 72 FR 67344;
73 FR 65009; 74 FR 49069; 74 FR 57553; 76 FR 4413; 76 FR 70212; 80 FR
63869; 83 FR 3861):

Robert W. Bequeaith (IA)
Clarence N. Florey, Jr. (PA)
Loren H. Geiken (SD)
Michael A. Hershberger (OH)
Patrick J. Hogan, Jr. (DE)
Amilton T. Monteiro (MA)
David G. Oakley (SC)
Brent L. Seaux (LA)

    The drivers were included in docket numbers FMCSA-2004-17984;
FMCSA-2005-21711; and FMCSA-2007-29019. Their exemptions are applicable
as of November 28, 2019, and will expire on November 28, 2021.
    As of November 30, 2019, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following six individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (64 FR 27027; 64 FR 40404; 64 FR
51568; 64 FR 66962; 66 FR 63289; 68 FR 64944; 70 FR 67776; 72 FR 64273;
74 FR 62632; 76 FR 70215; 78 FR 64280; 80 FR 63869; 83 FR 3861):

Terry J. Aldridge (MS)
Jerry D. Bridges (TX)
Gary R. Gutschow (WI)
James J. Hewitt (WI)
Thomas E. Walsh (CA)
Kevin P. Weinhold (MA)

    The drivers were included in docket numbers FMCSA-1999-5578; and
FMCSA-1999-5748. Their exemptions are applicable as of November 30,
2019, and will expire on November 30, 2021.

V. Conditions and Requirements

    The exemptions are extended subject to the following conditions:
(1) Each driver must undergo an annual physical examination (a) by an
ophthalmologist or optometrist who attests that the vision in the
better eye continues to meet the requirements in 49 CFR 391.41(b)(10),
and (b) by a certified medical examiner (ME), as defined by Sec.
390.5, who attests that the driver is otherwise physically qualified
under Sec.  391.41; (2) each driver must provide a copy of the
ophthalmologist's or optometrist's report to the ME at the time of the
annual medical examination; and (3) each driver must provide a copy of
the annual medical certification to the employer for retention in the
driver's qualification file or keep a copy of his/her driver's
qualification if he/her is self-employed. The driver must also have a
copy of the exemption when driving, for presentation to a duly
authorized Federal, State, or local enforcement official. The exemption
will be rescinded if: (1) The person fails to comply with the terms and
conditions of the exemption; (2) the exemption has resulted in a lower
level of safety than was maintained before it was granted; or (3)
continuation of the exemption would not be consistent with the goals
and objectives of 49 U.S.C. 31136(e) and 31315(b).

VI. Preemption

    During the period the exemption is in effect, no State shall
enforce any law or regulation that conflicts with this exemption with
respect to a person operating under the exemption.

VI. Conclusion

    Based upon its evaluation of the 79 exemption applications, FMCSA
renews the exemptions of the aforementioned drivers from the vision
requirement in

Sec.  391.41(b)(10), subject to the requirements cited above. In
accordance with 49 U.S.C. 31136(e) and 31315(b), each exemption will be
valid for two years unless revoked earlier by FMCSA.

    Issued on: September 25, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-21456 Filed 10-1-19; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 78, Number 169 (Friday, August 30, 2013)]
[Notices]
[Page 53775]
[FR Doc No: 2013-21262]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4138-DR; Docket ID FEMA-2013-0001]

Florida; Amendment No. 1 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Florida (FEMA-4138-DR), dated August 2, 2013, and
related determinations.

DATES: Effective August 22, 2013.

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: The notice of a major disaster declaration
for the State of Florida is hereby amended to include the following
area among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of August 2, 2013.

    Bay County for Public Assistance.

    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.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2013-21262 Filed 8-29-13; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 76, Number 6 (Monday, January 10, 2011)]
[Notices]
[Pages 1504-1507]
[FR Doc No: 2011-208]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2010-0381

Pipeline Safety: Establishing Maximum Allowable Operating
Pressure or Maximum Operating Pressure Using Record Evidence, and
Integrity Management Risk Identification, Assessment, Prevention, and
Mitigation

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA);
DOT.

ACTION: Notice; issuance of Advisory Bulletin.

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SUMMARY: PHMSA is issuing an Advisory Bulletin to remind operators of
gas and hazardous liquid pipeline facilities of their responsibilities,
under Federal integrity management (IM) regulations, to perform
detailed threat and risk analyses that integrate accurate data and
information from their entire pipeline system, especially when
calculating Maximum Allowable Operating Pressure (MAOP) or Maximum
Operating Pressure (MOP), and to utilize these risk analyses in the
identification of appropriate assessment methods, and preventive and
mitigative measures.

FOR FURTHER INFORMATION CONTACT: Alan Mayberry by phone at<PHONE_NUMBER>
or by e-mail at<EMAIL_ADDRESS>All materials in this docket may
be accessed electronically at http://www.regulations.gov. General
information about the PHMSA Office of Pipeline Safety (OPS) can be
obtained by accessing OPS's Internet home page at http://www.phmsa.dot.gov/pipeline.

SUPPLEMENTARY INFORMATION:

Background

    PHMSA's goal is to improve the overall integrity of pipeline
systems and reduce risks. To adequately evaluate risk, it is necessary
to identify and evaluate the physical and operational characteristics
of each individual pipeline system. To that end, the Hazardous Liquid
and Gas Transmission Pipeline Integrity Management (IM) Programs were
created with the following objectives:
     Ensuring the quality of pipeline integrity in areas with a
higher potential for adverse consequences (high consequence areas or
HCAs);
     Promoting a more rigorous and systematic management of
pipeline integrity and risk by operators;
     Maintaining the government's prominent role in the
oversight of pipeline operator integrity plans and programs; and
     Increasing the public's confidence in the safe operation
of the nation's pipeline network.
    The IM regulations supplement PHMSA's prescriptive safety
regulations with requirements that are intelligent, performance based
and process-oriented. One of the fundamental tenets of the IM program
is that pipeline operators must be aware of the physical attributes of
their pipeline as well as the physical environment that it transverses.
These programs reflect the recognition that each pipeline is unique and
has its own specific risk profile that is dependent upon the pipelines
attributes, its geographical location, design, operating environment,
the commodity being transported, and many other factors. This
information is a vital component in an operator's ability to identify
and evaluate the risks to its pipeline and identify the appropriate
assessment tools, set the schedule for assessments of the integrity of
the pipeline segments and identify the need for additional preventive
and mitigative measures such as lowering operating pressures. If this
information is unknown, or unknowable, a more conservative approach to
operations is dictated.
    An IM program must go beyond simply assessing pipeline segments and
repairing defects. Improving operator IM programs, the analytical
processes involved in identifying and responding to risk, and the
application of assessment and development of preventive and mitigative
measures is also a critical objective. In addition, the ability to
integrate and analyze threat and integrity related data from many
sources is essential for enhanced safety and proactive integrity
management. However, some operators are not sufficiently aware of their
pipeline attributes nor are they adequately or consistently assessing
threats and risks as a part of their IM programs.
    Over the past several years, PHMSA inspections and investigations
have revealed deficiencies in individual

operators' risk analysis approaches, the integration of data into these
risk assessments, the abilities to adequately support the selection of
assessment methods, identification and implementation of preventive and
mitigative measures, and maintenance of up-to-date risk information and
findings about their pipeline segments. In particular, operators'
programs fail to adequately address stress corrosion cracking, seam
failure, or internal corrosion in their threat identification and risk
assessments. The actual use of threat and risk information to determine
assessment methods, to evaluate other preventive and mitigative
measures, and to use those measures during periodic evaluation have
been found to be deficient. Inspections and investigations have
revealed examples where assessment methods, specific tools, and
schedules were not based on a rigorous assessment of the type of
threats posed by the pipeline segment, including consideration of the
age, design, pipe material including seam type, coating, welding
technique, cathodic protection, soil type, surrounding environment,
operational history, or other relevant factors. Finally, inspections
and investigations indicate that efforts to collect and integrate risk
information can be inappropriately narrow, lack verification and fail
to take into account relevant risk information and lessons learned from
other parts of their system.
    In recent pipeline accident investigations, NTSB and PHMSA have
discovered indications that operator oversight of IM programs has been
lacking and thereby failed to detect flaws and deficiencies in their
programs. The level of self-evaluation and oversight currently being
exercised by some pipeline operators is not uniformly applied. The NTSB
is also concerned that pipeline operators throughout the United States
may have discrepancies in their records that could potentially
compromise the safe operation of their pipelines. NTSB has recommended
that operators diligently and objectively scrutinize the effectiveness
of their programs, identify areas for improvement, and implement
corrective measures.
    On January 3, 2011, NTSB recommended that PHMSA inform the pipeline
industry of the circumstances leading up to and the consequences of the
September 9, 2010, pipeline rupture in San Bruno, California, to ensure
that both PHMSA and NTSB findings and recommendations with respect to
the verification of records used to establish or adjust MAOP or MOP are
expeditiously incorporated into the IM programs for pipeline operators.
The pipeline rupture in San Bruno, CA involved a 30-inch-diameter
natural gas transmission pipeline owned and operated by Pacific Gas and
Electric Company (PG&E). The rupture occurred in a residential area
killing eight people, injuring many more, and causing substantial
property damage. The rupture created a crater about 72 feet long by 26
feet wide. A ruptured pipe segment about 28 feet long was found about
100 feet away from the crater. The resulting fire destroyed 37 homes
and damaged 18. NTSB's preliminary findings indicate that the pipeline
operator did not have an accurate basis for the MAOP calculation.
    There are several methods available for establishing MAOP or MOP. A
hydrostatic pressure test that stresses the pipe to a designated
percent of the desired MAOP or MOP, without failure, is generally the
most effective method. Hydrostatic testing requirements and
restrictions for natural gas pipelines are specified in Title 49 CFR
Part 192, Subpart J. Similar requirements for hazardous liquid
pipelines are found in 49 CFR Part 195, Subpart E. Although hydrostatic
testing is recognized to be the most direct and effective methodology
for validating a MAOP or MOP, its implementation requires that
operating lines be shut down, which may adversely affect customers
dependent on the natural gas supplied by the pipeline, particularly if
the pipe fails during the test, which could necessitate a protracted
shutdown. Consequently, operators prefer to use available design,
construction, inspection, testing, and other related records to
calculate the valid MAOP or MOP. However, this method is susceptible to
error if pipeline records are inaccurate. With respect to the portion
of the pipeline that failed in the September 9, 2010, San Bruno
incident, PG&E used available design, construction, inspection,
testing, and other related records to calculate the MAOP. The NTSB's
examination of the ruptured pipe segment and review of PG&E records
revealed that although the as-built drawings and alignment sheets mark
the pipe as seamless API 5L Grade X42 pipe, the pipeline in the area of
the rupture was constructed with longitudinal seam-welded pipe. The
ruptured pipe segment was constructed of five sections of pipe, some of
which were short pieces measuring about four feet long, containing
different longitudinal seam welds of various types, including single-
and double-sided welds. Consequently, the short pieces of pipe of
unknown specifications in the ruptured pipe segment may not have been
as strong as the seamless API 5L Grade X42 steel pipe listed in PG&E's
records. PG&E's records also identify Consolidated Western Steel
Corporation as the manufacturer of the accident segment of Line 132.
However, after physical inspection of the ruptured section,
investigators were unable to confirm the manufacturing source of some
of the pieces of ruptured pipe.

Integrity Management Regulatory Provisions

    For hazardous liquid pipelines, Sec.  195.452 establishes
requirements for IM programs in HCAs. Section 195.452(b)(1) requires
that each operator of a hazardous liquid pipeline ``develop a written
IM program that addresses the risks on each segment of pipeline.''
Section 195.452(e) defines the minimum list of risk factors that must
be included in the risk assessments used to schedule segment
assessments. Appendix C provides additional guidance on these risk
factors. Section 195.452(f) defines the required elements of an IM
program. These elements include an analysis that integrates all
available information about the integrity of the entire pipeline and
the consequences of a failure, including data gathered during previous
integrity assessments and data gathered in conjunction with other
maintenance inspections and investigations. These elements also include
an identification of additional preventive and mitigative measures to
protect the HCAs (Sec.  195.452(i)), including conducting a risk
analysis in which an operator must evaluate the likelihood of a
pipeline release and how it could affect the HCAs. Preventive and
mitigative measures to be evaluated based on risk factors include, but
are not limited to, leak detection system modifications and
installation of additional Emergency Flow Restricting Devices.
    For natural gas pipelines, Subpart O of 49 CFR Part 192 establishes
the requirements for IM programs in HCAs. Section 192.911(c) requires
that IM programs include ``[a]n identification of threats to each
covered pipeline segment, which must include data integration and a
risk assessment.'' This section further requires ``[a]n operator must
use the threat identification and risk assessment to prioritize covered
segments for assessment (Sec.  192.917) and to evaluate the merits of
additional preventive and mitigative measures (Sec.  192.935) for each
covered segment.'' Section 192.917(b) requires an operator to integrate
existing data and information on the entire pipeline that could be
relevant to a covered segment. In performing this data gathering and

integration, an operator must follow the requirements in ASME/ANSI
B31.8S, section 4. At a minimum, an operator must gather and evaluate
the set of data specified in Appendix A to ASME/ANSI B31.8S, and
consider both on the covered segment and similar non-covered segments,
past incident history, corrosion control records, continuing
surveillance records, patrolling records, maintenance history, internal
inspection records, operating stress levels, past pressure test
information, soil characteristics, and all other conditions specific to
each pipeline. Section 192.917(c) states that an operator must conduct
a risk assessment that follows ASME/ANSI B31.8S, section 5, and
considers the identified threats for each covered segment. An operator
must use the risk assessment to prioritize the covered segments for the
baseline and periodic reassessments, and to determine what additional
preventive and mitigative measures are needed for the covered segment.
Sections 192.919 and 192.921(a) further require that the operator
explain why the particular assessment method for each segment was
selected to address the identified threats to each covered segment.
Specifically, Sec.  192.921(a) requires the operator to select the
method or methods best suited to address the identified threats to the
covered segment (pipeline), which include internal inspection tool[s],
pressure test, direct assessment, or other technology that an operator
demonstrates can provide an equivalent understanding of the condition
of the pipeline. More than one assessment method may be required to
address all the threats to the covered pipeline segment. Section
192.935 requires that an operator take additional measures beyond those
already required by Part 192 to prevent a pipeline failure and to
mitigate the consequences of a pipeline failure in a HCA. An operator
must base the additional measures on the threats the operator has
identified to each pipeline segment. This section requires that an
operator conduct, in accordance with one of the risk assessment
approaches in ASME/ANSI B31.8S, section 5, a risk analysis of its
pipeline to identify additional measures to protect the HCA and enhance
public safety.

Advisory Bulletin (ADB-11-01)

    To: Owners and Operators of Hazardous Liquid and Gas Pipeline
Systems.
    Subject: Establishing Maximum Allowable Operating Pressure or
Maximum Operating Pressure Using Record Evidence, and Integrity
Management Risk Identification, Assessment, Prevention, and Mitigation.
    Advisory: To further enhance the Department's safety efforts and
implement the NTSB's January 3, 2011, recommendation to PHMSA [P-10-1],
PHMSA is issuing this Advisory Bulletin concerning establishing MAOP
and MOP using record evidence and integrity management; threat and risk
identification; risk assessment; risk information collection, accuracy
and integration, and identification and implementation of preventive
and mitigative measures.

I. Establishing MAOP or MOP Using Record Evidence

    As PHMSA and NTSB recommended, operators relying on the review of
design, construction, inspection, testing and other related data to
calculate MAOP or MOP must assure that the records used are reliable.
An operator must diligently search, review and scrutinize documents and
records, including but not limited to, all as-built drawings, alignment
sheets, and specifications, and all design, construction, inspection,
testing, maintenance, manufacturer, and other related records. These
records shall be traceable, verifiable, and complete. If such a
document and records search, review, and verification cannot be
satisfactorily completed, the operator cannot rely on this method for
calculating MAOP or MOP. Copies of the recommendations issued by NTSB
to PHMSA, PG&E, and the California Public Utilities Commission, are
available in the public docket and at PHMSA's Web site: http://www.phmsa.dot.gov/pipeline/regs/ntsb.

II. Performing Risk Identification, Assessment, Data Accuracy,
Prevention, and Mitigation

    Pipeline operators are reminded of their responsibilities to
identify pipeline integrity threats, perform rigorous risk analyses,
integrate information, and identify, evaluate, and implement preventive
and mitigative measures as required by the Federal pipeline safety
regulations. Operators should thoroughly review their current IM
programs and make any changes necessary to become fully compliant with
the Federal pipeline safety regulations. Future, PHMSA inspections will
place emphasis on the areas noted in this Advisory Bulletin.
    Operators are also advised that PHMSA and its State partners intend
to sponsor a public workshop on threat and risk identification, risk
assessment, risk information collection and integration, and
identification of preventive and mitigative measures. The purpose of
the workshop will be to expand the industry's knowledge base about
effective IM programs. At this workshop, PHMSA will discuss the
progress it has seen and the challenges remaining. Operators with
demonstrably effective programs will be invited to share information.
Public participation will be encouraged.
A. Risk and Threat Identification
    PHMSA emphasizes the need for operators to be fully cognizant of
the physical and operational characteristics of their systems,
understand the threats to their systems, and the risks posed by their
systems. Each operator is ultimately responsible for identifying all
risk factors and cannot rely solely on the factors in Sec.  195.452(e)
and Appendix C of Part 195 or Sec.  192.917. Any operator of a
hazardous liquid or gas transmission pipeline that is not fully
cognizant of the location, pipe material and seam type, coating,
cathodic protection history, repair history, previous pressure testing,
or operational pressure history, and other assessment information,
incident data, soil type and environment, operational history, or other
key risk factors of a pipeline operating at or above 30% SMYS should
(1) institute an aggressive program as soon as possible to obtain this
information, (2) assess the risks, and (3) take the proper mitigative
measures based upon the operator's IM program risk findings. In
addition, if these operators do not have verified information on key
risk factors, an immediate and interim mitigation measure that should
be strongly considered is a pressure reduction to 80 percent of the
operating pressure for the previous month, hydro testing the pipeline
or creating a remediation program to identify threat risks. Operators
of transmission pipelines operating below 30% SMYS should also conduct
an integrity threat and risk review of these pipelines to ensure safety
in HCAs. PHMSA will require an operator that has not adequately
identified all threats to take mitigative measures.
B. Risk Assessment
    Operators are advised to re-examine the basis for their IM
assessment, as well as their MAOP or MOP calculations and documentation
to meet Federal regulations in 49 CFR Parts 192 and 195. Operators must
consider all significant risk factors in their risk assessments;
conduct risk assessments capable of supporting identification of
preventive and mitigative measures; integrate into their threat and
risk

assessments all relevant risk information from prior integrity
assessments, inspections, investigations, and incidents with design,
construction, operational and maintenance data; to critically analyze
the integrated data and incorporate the analysis into their risk
assessments and integrity-related decision making; update and maintain
their risk information; and to ensure that the risk information is made
available throughout the organization in a form that can effectively
support decisions on integrity assessment methods, tools, process and
procedure changes, and schedule during the required periodic
evaluations of pipeline integrity. PHMSA and its State partners intend
to verify that operators have taken these actions during the course of
future pipeline safety inspections and investigations.
C. Data Accuracy
    Operators must review and scrutinize pipeline infrastructure
documents and records, including but not limited to, all as-built
drawings, alignment sheets, specifications, and all design,
construction, inspection, testing, material manufacturer, operational
maintenance data, and other related records, to ensure company records
accurately reflect the pipeline's physical and operational
characteristics. These records should be traceable, verifiable, and
complete to meet Sec. Sec.  192.619 and 195.302. Incomplete or partial
records are not an adequate basis for establishing MAOP or MOP using
this method. If such a document and records search, review, and
verification cannot be satisfactorily completed, the operator may need
to conduct other activities such as in-situ examination, pressure
testing, and nondestructive testing or otherwise verify the
characteristics of the pipeline when identifying and assessing threats
or risks.
D. Risk Mitigation and Prevention
    PHMSA advises operators to implement a robust IM process that
includes methods best suited to address the threats and risks
identified (Sec.  192.921(a) and Sec.  195.452(f)). Operators must use
post assessment and continuing evaluation processes to evaluate program
effectiveness in identifying threats, addressing threat preventative
and mitigative measures, and providing internal IM program feedback of
assessment findings so the assessment process can be updated based upon
threat findings.

    Issued in Washington, DC, on January 4, 2011.
Jeffrey D. Wiese,
Associate Administrator for Pipeline Safety.
[FR Doc. 2011-208 Filed 1-7-11; 8:45 am]
BILLING CODE 4910-60-P


Comment Info: =================

General Comment:Dear Mr. Zeller;

I am writing as an individual consumer to request an extension of the comment period for the FDA’s Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act (the “Proposed Rule”) published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. On behalf of myself, I am requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days.

The Proposed Rule raises a number of significant issues and questions that are important and relevant to me, as a consumer of products that are proposed for regulation under the Proposed Rule. The Proposed Rule asks about a hundred different questions I might want to respond to.  I want to provide my thoughts and comments on many of these issues, but my time to spend on researching and providing thoughtful comments is limited. I have already spent many hours researching and dissecting these issues, but they take a lot of time.  I know the FDA took many years to even come up with the Proposed Rule, so I do not think it is at all unreasonable to allow the public a mere six months to comment on it.  This is our only opportunity, as consumers, to provide our feedback.

I feel extremely strong about e-cigarettes as a alternative to combustible cigarettes. I truly believe that they have saved my daughters life as well as my own. I would love to provide you with my personal experience, as well as science- and evidence- based responses to your questions so that you can take my comment into account. I realize that the FDA has the authority under 21 CFR 10,40 to extend this time frame and that the FDA has exercised this authority on numerous occasions in the past. I would therefore ask that you do so here, so that all stakeholders have the opportunity to provide their comments on this proposed regulation.

I appreciate your consideration of my request and am more than happy to discuss this issue with you further.


[Federal Register Volume 84, Number 100 (Thursday, May 23, 2019)]
[Rules and Regulations]
[Pages 23710-23712]
[FR Doc No: 2019-10736]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 31251; Amdt. No. 3851]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This rule establishes, amends, suspends, or removes Standard
Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums
and Obstacle Departure Procedures (ODPs) foroperations at certain
airports. These regulatory actions are needed because of the adoption
of new or revised criteria, or because of changes occurring in the
National Airspace System, such as the

commissioning of new navigational facilities, adding new obstacles, or
changing air traffic requirements. These changes are designed to
provide safe and efficient use of the navigable airspace and to promote
safe flight operations under instrument flight rules at the affected
airports.

DATES: This rule is effective May 23, 2019. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of May 23, 2019.

ADDRESSES: Availability of matters incorporated by reference in the
amendment is as follows:

For Examination

    1. U.S. Department of Transportation, Docket Ops-M30, 1200 New
Jersey Avenue SE, West Bldg., Ground Floor, Washington, DC 20590-0001.
    2. The FAA Air Traffic Organization Service Area in which the
affected airport is located;
    3. The office of Aeronautical Navigation Products, 6500 South
MacArthur Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free
of charge. Visit the National Flight Data Center at nfdc.faa.gov to
register. Additionally, individual SIAP and Takeoff Minimums and ODP
copies may be obtained from the FAA Air Traffic Organization Service
Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT: Thomas J. Nichols, Flight Procedures
and Airspace Group, Flight Technologies and Procedures Division, Flight
Standards Service, Federal Aviation Administration. Mailing Address:
FAA Mike Monroney Aeronautical Center, Flight Procedures and Airspace
Group, 6500 South MacArthur Blvd., Registry Bldg. 29 Room 104, Oklahoma
City, OK 73125. Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14 of the Code of
Federal Regulations, Part 97 (14 CFR part 97), by establishing,
amending, suspending, or removes SIAPS, Takeoff Minimums and/or ODPS.
The complete regulatory description of each SIAP and its associated
Takeoff Minimums or ODP for an identified airport is listed on FAA form
documents which are incorporated by reference in this amendment under 5
U.S.C. 552(a), 1 CFR part 51, and 14 CFR part 97.20. The applicable FAA
forms are FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A, and 8260-15B when
required by an entry on 8260-15A.
    The large number of SIAPs, Takeoff Minimums and ODPs, their complex
nature, and the need for a special format make publication in the
Federal Register expensive and impractical. Further, airmen do not use
the regulatory text of the SIAPs, Takeoff Minimums or ODPs, but instead
refer to their graphic depiction on charts printed by publishers of
aeronautical materials. Thus, the advantages of incorporation by
reference are realized and publication of the complete description of
each SIAP, Takeoff Minimums and ODP listed on FAA form documents is
unnecessary. This amendment provides the affected CFR sections and
specifies the types of SIAPs, Takeoff Minimums and ODPs with their
applicable effective dates. This amendment also identifies the airport
and its location, the procedure, and the amendment number.

Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as
listed in the ADDRESSES section.
    The material incorporated by reference describes SIAPS, Takeoff
Minimums and/or ODPS as identified in the amendatory language for part
97 of this final rule.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP, Takeoff Minimums and ODP as Amended in the
transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments
may have been issued previously by the FAA in a Flight Data Center
(FDC) Notice to Airmen (NOTAM) as an emergency action of immediate
flight safety relating directly to published aeronautical charts.
    The circumstances that created the need for some SIAP and Takeoff
Minimums and ODP amendments may require making them effective in less
than 30 days. For the remaining SIAPs and Takeoff Minimums and ODPs, an
effective date at least 30 days after publication is provided.
    Further, the SIAPs and Takeoff Minimums and ODPs contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these SIAPs and
Takeoff Minimums and ODPs, the TERPS criteria were applied to the
conditions existing or anticipated at the affected airports. Because of
the close and immediate relationship between these SIAPs, Takeoff
Minimums and ODPs, and safety in air commerce, I find that notice and
public procedure under 5 U.S.C. 553(b) are impracticable and contrary
to the public interest and, where applicable, under 5 U.S.C 553(d),
good cause exists for making some SIAPs effective in less than 30 days.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26,1979); and
(3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air traffic control, Airports, Incorporation by reference,
Navigation (air).

    Issued in Washington, DC, on May 3, 2019.
Rick Domingo,
Executive Director, Flight Standards Service.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,
Code of Federal Regulations, Part 97 (14 CFR part 97) is amended by
establishing, amending, suspending, or removing Standard Instrument
Approach Procedures and/or Takeoff Minimums and Obstacle Departure
Procedures effective at 0901 UTC on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40103, 40106, 40113,
40114, 40120, 44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

Effective 20 June 2019

Akiak, AK, Akiak, RNAV (GPS) RWY 3, Orig-C
Akiak, AK, Akiak, RNAV (GPS) RWY 21, Orig-C
Kodiak, AK, Kodiak, ILS Y OR LOC Y RWY 26, Amdt 3B
Kodiak, AK, Kodiak, VOR RWY 26, Amdt 3A
Prescott, AZ, Prescott Rgnl--Ernest A. Love Fld, Prescott Three
Graphic DP
Prescott, AZ, Prescott Rgnl--Ernest A. Love Fld, Takeoff Minimums
and Obstacle DP, Amdt 5A
Tucson, AZ, Ryan Field, NDB RWY 6R, Amdt 2
Tucson, AZ, Ryan Field, RNAV (GPS) RWY 6R, Orig
Hawthorne, CA, Jack Northrop Field/Hawthorne Muni, Takeoff Minimums
and Obstacle DP, Amdt 5
Stockton, CA, Stockton Metropolitan, ILS OR LOC RWY 29R, ILS RWY 29R
SA CAT II, Amdt 22
Stockton, CA, Stockton Metropolitan, Takeoff Minimums and Obstacle
DP, Amdt 1
New Smyrna Beach, FL, New Smyrna Beach Muni, RNAV (GPS) RWY 2, Orig-
B
New Smyrna Beach, FL, New Smyrna Beach Muni, RNAV (GPS) RWY 7, Orig-
B
New Smyrna Beach, FL, New Smyrna Beach Muni, RNAV (GPS) RWY 25,
Orig-B
New Smyrna Beach, FL, New Smyrna Beach Muni, RNAV (GPS) RWY 29,
Orig-B
Burlington, IA, Southeast Iowa Rgnl, RNAV (GPS) RWY 30, Amdt 1B
Washington, IA, Washington Muni, VOR RWY 36, Amdt 1C
Chicago, IL, Chicago O'Hare Intl, ILS OR LOC RWY 4R, ILS RWY 4R SA
CAT I, ILS RWY 4R SA CAT II, Amdt 8
Morris, MN, Morris Muni--Charlie Schmidt Fld, RNAV (GPS) RWY 14,
Amdt 1C
Morris, MN, Morris Muni--Charlie Schmidt Fld, RNAV (GPS) RWY 32,
Amdt 1C
St Joseph, MO, Rosecrans Memorial, ILS OR LOC RWY 35, Amdt 31C
St Joseph, MO, Rosecrans Memorial, LOC BC RWY 17, Amdt 9B
St Joseph, MO, Rosecrans Memorial, VOR OR TACAN RWY 17, Amdt 14B
St Joseph, MO, Rosecrans Memorial, VOR OR TACAN RWY 35, Orig-B
Oshkosh, NE, Garden County/King Rhiley Field, Takeoff Minimums and
Obstacle DP, Orig-A
Bend, OR, Bend Muni, RNAV (GPS) RWY 34, Orig-A
Bend, OR, Bend Muni, RNAV (GPS) Z RWY 16, Orig-A
Darlington, SC, Darlington County, RNAV (GPS) RWY 5, Orig-D
Cleveland, TX, Cleveland Muni, RNAV (GPS) RWY 16, Orig-C
College Station, TX, Easterwood Field, RNAV (GPS) RWY 29, Amdt 1B
Spokane, WA, Spokane Intl, RNAV (RNP) Z RWY 3, Amdt 1B

    RESCINDED: On April 22, 2019 (84 FR 16606), the FAA published an
Amendment in Docket No. 31247, Amdt No. 3847, to Part 97 of the
Federal Aviation Regulations under sections 97.33. The following
entry for Plainville, CT, effective June 20, 2019, is hereby
rescinded in its entirety:

Plainville, CT, Robertson Field, RNAV (GPS) RWY 2, Orig-A

[FR Doc. 2019-10736 Filed 5-22-19; 8:45 am]
 BILLING CODE 4910-13-P