[Federal Register Volume 76, Number 74 (Monday, April 18, 2011)]
[Notices]
[Pages 21733-21734]
[FR Doc No: 2011-9300]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

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

    Docket Numbers: EC11-60-000.
    Applicants: Progress Energy, Inc., Duke Energy Corporation.
    Description: Duke Energy Corporation and Progress Energy, Inc.
Application for Authorization of Disposition of Jurisdictional Assets
and Merger under section 203 of the Federal Power Act.
    Filed Date: 04/04/2011.
    Accession Number: 20110404-5212.
    Comment Date: 5 p.m. Eastern Time on Monday, April 25, 2011.

    Docket Numbers: EC11-61-000.
    Applicants: TPF Generation Holdings, LLC, LS Power Development,
LLC.
    Description: TPF Generation Holdings, LLC, University Park Energy,
LLC, and LSP
    Park Generating, LLC, Joint Application for Authorization of
    Transaction under section 203 of the Federal Power Act and Request
for Expedited Consideration.
    Filed Date: 04/04/2011.
    Accession Number: 20110404-5218.
    Comment Date: 5 p.m. Eastern Time on Monday, April 25, 2011.

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

    Docket Numbers: ER06-613-011.
    Applicants: ISO New England Inc., New England Power Pool
    Description: ISO New England Inc's Tenth Compliance Report
Regarding Possible Implementation of a Forward Ten-Minute Spinning
Reserve Market under ER06-613.
    Filed Date: 04/04/2011.
    Accession Number: 20110404-5208.
    Comment Date: 5 p.m. Eastern Time on Monday, April 25, 2011.

    Docket Numbers: ER11-2224-005.
    Applicants: New York Independent System Operator, Inc.
    Description: New York Independent System Operator, Inc. submits
tariff filing per 35: NYISO Errata to March 29,

2011 ICAP Demand Curve Filing to be effective 12/31/9998.
    Filed Date: 04/04/2011.
    Accession Number: 20110404-5054.
    Comment Date: 5 p.m. Eastern Time on Monday, April 25, 2011.

    Docket Numbers: ER11-2962-001.
    Applicants: Tropicana Manufacturing Company Inc.
    Description: Tropicana Manufacturing Company Inc. submits tariff
filing per 35.17(b): Amended Application for Market-Based Rate
Authority to be effective 3/1/2011.
    Filed Date: 04/04/2011.
    Accession Number: 20110404-5073.
    Comment Date: 5 p.m. Eastern Time on Monday, April 25, 2011.

    Docket Numbers: ER11-3283-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, L.L.C. submits tariff filing per
35.13(a)(2)(iii: PJM Queue No. W1-077 ISA, Original Service Agreement
No. 2848 to be effective 3/4/2011.
    Filed Date: 04/04/2011.
    Accession Number: 20110404-5090.
    Comment Date: 5 p.m. Eastern Time on Monday, April 25, 2011.

    Docket Numbers: ER11-3284-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, L.L.C. submits tariff filing per
35.13(a)(2)(iii: Queue No. V3-070; Original Service Agreement No. 2803
to be effective 3/4/2011.
    Filed Date: 04/04/2011.
    Accession Number: 20110404-5096.
    Comment Date: 5 p.m. Eastern Time on Monday, April 25, 2011.

    Docket Numbers: ER11-3285-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Application of PJM Interconnection, L.L.C. under New
Docket for Limited Waiver Duke Access to EMS Data.
    Filed Date: 04/04/2011.
    Accession Number: 20110404-5104.
    Comment Date: 5 p.m. Eastern Time on Monday, April 25, 2011.

    Docket Numbers: ER11-3286-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc.'s Notice of Cancellation of
Large Generator Interconnection Agreement.
    Filed Date: 04/04/2011.
    Accession Number: 20110404-5125.
    Comment Date: 5 p.m. Eastern Time on Monday, April 25, 2011.

    Docket Numbers: ER11-3287-000.
    Applicants: WSPP Inc.
    Description: WSPP Inc. submits tariff filing per 35.13(a)(2)(iii:
Revisions to PSCo Schedule Q to be effective 6/3/2011.
    Filed Date: 04/04/2011.
    Accession Number: 20110404-5147.
    Comment Date: 5 p.m. Eastern Time on Monday, April 25, 2011.

    Docket Numbers: ER11-3288-000.
    Applicants: Portland General Electric Company.
    Description: Portland General Electric Company submits tariff
filing per 35.1: General Transfer Agreement between PGE and BPA--FERC
Rate Schedule 72 to be effective 6/1/2011.
    Filed Date: 04/04/2011.
    Accession Number: 20110404-5178.
    Comment Date: 5 p.m. Eastern Time on Monday, April 25, 2011.

    Docket Numbers: ER11-3289-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, L.L.C. submits notice of
cancellation of interconnection service agreement.
    Filed Date: 04/04/2011.
    Accession Number: 20110404-5220.
    Comment Date: 5 p.m. Eastern Time on Monday, April 25, 2011.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    As it relates to any qualifying facility filings, the notices of
self-certification [or self-recertification] listed above, do not
institute a proceeding regarding qualifying facility status. A notice
of self-certification [or self-recertification] simply provides
notification that the entity making the filing has determined the
facility named in the notice meets the applicable criteria to be a
qualifying facility. Intervention and/or protest do not lie in dockets
that are qualifying facility self-certifications or self-
recertifications. Any person seeking to challenge such qualifying
facility status may do so by filing a motion pursuant to 18 CFR
292.207(d)(iii). Intervention and protests may be filed in response to
notices of qualifying facility dockets other than self-certifications
and self-recertifications.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: April 05, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-9300 Filed 4-15-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 131 (Friday, July 8, 2016)]
[Notices]
[Pages 44629-44639]
[FR Doc No: 2016-16177]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-N-1486]

Authorization of Emergency Use of an In Vitro Diagnostic Device
for Detection of Zika Virus; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the
issuance of an Emergency Use Authorization (EUA) (the Authorization)
for an in vitro diagnostic device for detection of the Zika virus in
response to the Zika virus outbreak in the Americas. FDA issued this
Authorization under the Federal Food, Drug, and Cosmetic Act (the FD&C
Act), as requested by Hologic, Inc. The Authorization contains, among
other things, conditions on the emergency use of the authorized in
vitro diagnostic device. The Authorization follows the February 26,
2016, determination by the Secretary of Health and Human Services (HHS)
that there is a significant potential for a public health emergency
that has a significant potential to affect national security or the
health and security of U.S. citizens living abroad and that involves
Zika virus. On the basis of such determination, the Secretary of HHS
declared on February 26, 2016, that circumstances exist justifying the
authorization of emergency use of in vitro diagnostic tests for
detection of Zika virus and/or diagnosis of Zika virus infection,
subject to the terms of any authorization issued under the FD&C Act.
The Authorization, which includes an explanation of the reasons for
issuance, is reprinted in this document.

DATES: The Authorization is effective as of June 17, 2016.

ADDRESSES: Submit written requests for single copies of the EUA to the
Office of Counterterrorism and Emerging Threats, Food and Drug
Administration, 10903 New Hampshire Ave., Bldg. 1, Rm. 4338, Silver
Spring, MD 20993-0002. Send one self-addressed adhesive label to assist
that office in processing your request or include a fax number to which
the Authorization may be sent. See the SUPPLEMENTARY INFORMATION
section for electronic access to the Authorization.

FOR FURTHER INFORMATION CONTACT: Carmen Maher, Office of
Counterterrorism and Emerging Threats, Food and Drug Administration,
10903 New Hampshire Ave., Bldg. 1, Rm. 4347, Silver Spring, MD 20993-
0002,<PHONE_NUMBER> (this is not a toll free number).

SUPPLEMENTARY INFORMATION:

I. Background

    Section 564 of the FD&C Act (21 U.S.C. 360bbb-3) as amended by the
Project BioShield Act of 2004 (Pub. L. 108-276) and the Pandemic and
All-Hazards Preparedness Reauthorization Act of 2013 (Pub. L. 113-5)
allows FDA to strengthen the public health protections against
biological, chemical, nuclear, and radiological agents. Among other
things, section 564 of the FD&C Act allows FDA to authorize the use of
an unapproved medical product or an unapproved use of an approved
medical product in certain situations. With this EUA authority, FDA can
help assure that medical countermeasures may be used in emergencies to
diagnose, treat, or prevent serious or life-threatening diseases or
conditions caused by biological, chemical, nuclear, or radiological
agents when there are no adequate, approved, and available
alternatives.
    Section 564(b)(1) of the FD&C Act provides that, before an EUA may
be issued, the Secretary of HHS must declare that circumstances exist
justifying the authorization based on one of the following grounds: (1)
A determination by the Secretary of Homeland Security that there is a
domestic emergency, or a significant potential for a domestic
emergency, involving a heightened risk of attack with a biological,
chemical, radiological, or nuclear agent or agents; (2) a determination
by the Secretary of Defense that there is a military emergency, or a
significant potential for a military emergency, involving a heightened
risk to U.S. military forces of attack with a biological, chemical,
radiological, or nuclear agent or agents; (3) a determination by the
Secretary of HHS that there is a public health emergency, or a
significant potential for a public health emergency, that affects, or
has a significant potential to affect, national security or the health
and security of U.S. citizens living abroad,

and that involves a biological, chemical, radiological, or nuclear
agent or agents, or a disease or condition that may be attributable to
such agent or agents; or (4) the identification of a material threat by
the Secretary of Homeland Security under section 319F-2 of the Public
Health Service (PHS) Act (42 U.S.C. 247d-6b) sufficient to affect
national security or the health and security of U.S. citizens living
abroad.
    Once the Secretary of HHS has declared that circumstances exist
justifying an authorization under section 564 of the FD&C Act, FDA may
authorize the emergency use of a drug, device, or biological product if
the Agency concludes that the statutory criteria are satisfied. Under
section 564(h)(1) of the FD&C Act, FDA is required to publish in the
Federal Register a notice of each authorization, and each termination
or revocation of an authorization, and an explanation of the reasons
for the action. Section 564 of the FD&C Act permits FDA to authorize
the introduction into interstate commerce of a drug, device, or
biological product intended for use when the Secretary of HHS has
declared that circumstances exist justifying the authorization of
emergency use. Products appropriate for emergency use may include
products and uses that are not approved, cleared, or licensed under
sections 505, 510(k), or 515 of the FD&C Act (21 U.S.C. 355, 360(k),
and 360e) or section 351 of the PHS Act (42 U.S.C. 262). FDA may issue
an EUA only if, after consultation with the HHS Assistant Secretary for
Preparedness and Response, the Director of the National Institutes of
Health, and the Director of the Centers for Disease Control and
Prevention (to the extent feasible and appropriate given the applicable
circumstances), FDA \1\ concludes: (1) That an agent referred to in a
declaration of emergency or threat can cause a serious or life-
threatening disease or condition; (2) that, based on the totality of
scientific evidence available to FDA, including data from adequate and
well-controlled clinical trials, if available, it is reasonable to
believe that: (A) The product may be effective in diagnosing, treating,
or preventing (i) such disease or condition; or (ii) a serious or life-
threatening disease or condition caused by a product authorized under
section 564, approved or cleared under the FD&C Act, or licensed under
section 351 of the PHS Act, for diagnosing, treating, or preventing
such a disease or condition caused by such an agent; and (B) the known
and potential benefits of the product, when used to diagnose, prevent,
or treat such disease or condition, outweigh the known and potential
risks of the product, taking into consideration the material threat
posed by the agent or agents identified in a declaration under section
564(b)(1)(D) of the FD&C Act, if applicable; (3) that there is no
adequate, approved, and available alternative to the product for
diagnosing, preventing, or treating such disease or condition; and (4)
that such other criteria as may be prescribed by regulation are
satisfied.
---------------------------------------------------------------------------

    \1\ The Secretary of HHS has delegated the authority to issue an
EUA under section 564 of the FD&C Act to the Commissioner of Food
and Drugs.
---------------------------------------------------------------------------

    No other criteria for issuance have been prescribed by regulation
under section 564(c)(4) of the FD&C Act. Because the statute is self-
executing, regulations or guidance are not required for FDA to
implement the EUA authority.

II. EUA Request for an In Vitro Diagnostic Device for Detection of the
Zika Virus

    On February 26, 2016, the Secretary of HHS determined that there is
a significant potential for a public health emergency that has a
significant potential to affect national security or the health and
security of U.S. citizens living abroad and that involves Zika virus.
On February 26, 2016, under section 564(b)(1) of the FD&C Act, and on
the basis of such determination, the Secretary of HHS declared that
circumstances exist justifying the authorization of emergency use of in
vitro diagnostic tests for detection of Zika virus and/or diagnosis of
Zika virus infection, subject to the terms of any authorization issued
under section 564 of the FD&C Act. Notice of the determination and
declaration of the Secretary was published in the Federal Register on
March 2, 2016 (81 FR 10878). On June 15, 2016, Hologic, Inc. requested,
and on June 17, 2016, FDA issued, an EUA for the Aptima[supreg] Zika
Virus assay, subject to the terms of the Authorization.

III. Electronic Access

    An electronic version of this document and the full text of the
Authorization are available on the Internet at http://www.regulations.gov.

IV. The Authorization

    Having concluded that the criteria for issuance of the
Authorization under section 564(c) of the FD&C Act are met, FDA has
authorized the emergency use of an in vitro diagnostic device for
detection of Zika virus subject to the terms of the Authorization. The
Authorization in its entirety (not including the authorized versions of
the fact sheets and other written materials) follows and provides an
explanation of the reasons for its issuance, as required by section
564(h)(1) of the FD&C Act:
BILLING CODE 4164-01-P

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    Dated: July 1, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-16177 Filed 7-7-16; 8:45 am]
 BILLING CODE 4164-01-C


[Federal Register Volume 83, Number 30 (Tuesday, February 13, 2018)]
[Rules and Regulations]
[Pages 6114-6118]
[FR Doc No: 2018-02551]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0068; Product Identifier 2017-CE-049-AD; Amendment
39-19176; AD 2018-03-03]
RIN 2120-AA64

Airworthiness Directives; Textron Aviation Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Textron Aviation Inc. Models 401, 401A, 401B, 402, 402A, 402B, 402C,
411, 411A, 414, 414A 421, 421A, 421B, 421C, and 425 airplanes. This AD
requires repetitively inspecting the left and the right forward lower
carry through spar cap for cracks and replacing the carry through spar
if cracks are found. This AD was prompted by a report of a fully
cracked lower forward carry through spar cap found on an affected
airplane. We are issuing this AD to address the unsafe condition on
these products.

DATES: This AD is effective February 28, 2018.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of February 28,
2018.
    We must receive comments on this AD by March 30, 2018.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, 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 service information identified in this final rule, contact
Textron Aviation Inc., Textron Aviation Customer Service, One Cessna
Blvd., Wichita, Kansas 67215; telephone:<PHONE_NUMBER>; email:
[email protected];

internet: www.txtav.com. You may view this service information at the
FAA, Policy and Innovation Division, 901 Locust, Kansas City, Missouri
64106. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0068.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0068; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the regulatory evaluation, any comments received, and
other information. The street address for Docket Operations (phone:
800-647-5527) is in the ADDRESSES section. Comments will be available
in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Bobbie Kroetch, Aerospace Engineer,
Wichita ACO Branch, 1801 Airport Road, Room 100, Wichita, Kansas 67209;
telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
[email protected] or [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    We received a report of a fully cracked lower forward carry through
spar cap found on a Textron Aviation Inc. (type certificate previously
held by Cessna Aircraft Company) Model 402C airplane. Investigation
revealed that the crack is a result of metal fatigue. At this time, the
cracking has only been found on the Model 402C airplanes. However, the
carry through spar cap and surrounding structure on the other model
airplanes included in this AD are similar and the loads on the other
model airplanes are similar to (or higher than) the Model 402C
airplanes.
    This condition, if not addressed, could cause failure of the carry
through spar cap during flight and result in loss of control. We are
issuing this AD to address the unsafe condition on these products.

Related Service Information Under 1 CFR Part 51

    We reviewed Textron Aviation Multi-engine Mandatory Service Letter
MEL-57-01 and Textron Aviation Conquest Mandatory Service Letter CQL-
57-01, both dated December 18, 2017. As applicable, these service
letters describe procedures for repetitively inspecting the forward
lower carry through spar cap for cracks. This service information is
reasonably available because the interested parties have access to it
through their normal course of business or by the means identified in
the ADDRESSES section.

Other Related Service Information

    We reviewed Textron Aviation Conquest Service Bulletin CQB-57-01,
Textron Aviation Multi-engine Service Bulletin MEB-57-01, and Textron
Multi-engine Service Bulletin MEB-57-02, all dated December 20, 2017.
As applicable, these service bulletins provide the manufacturer's
optional procedures for installing access panels for easier access to
the forward lower carry through spars. This AD does not require
installing the access panels.

FAA's Determination

    We are issuing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

AD Requirements

    This AD requires repetitively inspecting the left and the right
forward lower carry through spar cap for cracks and replacing the carry
through spar if cracks are found. This AD also requires sending the
inspection results to the FAA.

Interim Action

    We consider this AD interim action. Textron Aviation Inc. is
evaluating the initial and repetitive inspection intervals, as well as
designing a replacement lower carry through spar cap from an improved
material. After the evaluations are complete and the design
modification is developed, approved, and available, we may consider
additional rulemaking.

FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies waiving notice and comment prior to adoption of this rule
because cracks in the left and/or the right forward lower carry through
spar cap could cause the carry through spar cap to fail during flight
and result in loss of control. Therefore, we find good cause that
notice and opportunity for prior public comment are impracticable. In
addition, for the reason stated above, we find that good cause exists
for making this amendment effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety and was not preceded by notice and an opportunity for public
comment. However, we invite you to send any written data, views, or
arguments about this final rule. Send your comments to an address
listed under the ADDRESSES section. Include the docket number FAA-2018-
0068 and Product Identifier 2017-CE-049-AD at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this final rule. We will
consider all comments received by the closing date and may amend this
final rule because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this final rule.

Costs of Compliance

    We estimate that this AD affects 2,147 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                            Cost per
            Action                   Labor cost          Parts cost         product      Cost on U.S.  operators
----------------------------------------------------------------------------------------------------------------
Inspect the left and the       12 work-hours x $85    Not applicable..  $1,020 per       $2,189,940 per
 right forward lower carry      per hour = $1,020                        inspection       inspection cycle.
 through spar cap for cracks    per inspection cycle.                    cycle.
 (without inspection access
 panels).
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacement
that would be required based on the results of the inspection. We have
no way of determining the number of aircraft that might need this
replacements:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                   Action                                 Labor cost                Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replace carry through spar.................  800 work-hours x $85 per hour =              $5,000         $73,000
                                              $68,000.
----------------------------------------------------------------------------------------------------------------

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a current valid OMB control number. The control
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in
the Costs of Compliance section of this document and includes time for
reviewing instructions, as well as completing and reviewing the
collection of information. Therefore, all reporting associated with
this AD is mandatory. Comments concerning the accuracy of this burden
and suggestions for reducing the burden should be directed to the FAA
at 800 Independence Ave. SW, Washington, DC 20591. ATTN: Information
Collection Clearance Officer, AES-200.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation Programs''
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to small airplanes, gliders,
balloons, airships, domestic business jet transport airplanes, and
associated appliances to the Director of the Policy and Innovation
Division.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

2018-03-03 Textron Aviation Inc.: Amendment 39-19176; Docket No.
FAA-2018-0068; Product Identifier 2017-CE-049-AD.

(a) Effective Date

    This AD is effective February 28, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the following Textron Aviation Inc. (type
certificate previously held by Cessna Aircraft Company) model
airplanes, that are certificated in any category:

 Table 1 to Paragraph (c) of This AD--Affected Models and Serial Numbers
------------------------------------------------------------------------
                 Model                            Serial numbers
------------------------------------------------------------------------
401....................................  401-0001 through 401-0322
401A...................................  401A0001 through 401A0132
401B...................................  401B0001 through 401B0221
402....................................  402-0001 through 402-0322
402A...................................  402A0001 through 402A0129
402B...................................  402B0001 through 402B1384
402C...................................  689, 402C0001 through 402C1020
411....................................  411-0001 through 411-0250
411A...................................  411-0251 through 411-0300
414....................................  414-0001 through 414-0965
414A...................................  414A0001 through 414A1212
421....................................  421-0001 through 421-0200
421A...................................  421A0001 through 421A0158
421B...................................  421B0001 through 421B0970
421C...................................  421C0001 through 421C1807
425....................................  425-0001 through 425-0236
------------------------------------------------------------------------

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by a report that a fully cracked lower
forward carry through spar cap was found on a Textron Model 402C
airplane. We are issuing this AD to prevent failure of the carry
through spar cap during flight. The unsafe condition, if not
addressed, could result in loss of control.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Initial Inspection for All Affected Airplanes With 24,975 Hours
Time-In-Service (TIS) or More on the Carry Through Spars

    Within the next 25 hours TIS after February 28, 2018 (the
effective date of this

AD), do a detailed visual inspection of the left and right forward
lower carry through spar cap for cracks. Using a 10X magnifier
visually inspect the bottom surface of the carry through spar cap in
the areas around the fasteners located just inboard of the left-hand
and right-hand forward lower wing fittings. If a crack is not
positively identified during the detailed visual inspection but is
suspected or the area is questionable, before further flight, do a
surface eddy current inspection of the suspected area. Do these
inspections using the Accomplishment Instructions in Textron
Aviation Multi-engine Mandatory Service Letter MEL-57-01 and Textron
Aviation Conquest Mandatory Service Letter CQL-57-01, both dated
December 18, 2017, as applicable.

(h) Initial Inspection for All Affected Airplanes With Less Than 24,975
Hours TIS on the Carry Through Spars

    Using the compliance times listed in paragraphs (h)(1) through
(3) of this AD, do a detailed visual inspection of the left and
right forward lower carry through spar cap for cracks. Using a 10X
magnifier visually inspect the bottom surface of the carry through
spar cap in the areas around the fasteners located just inboard of
the left-hand and right-hand forward lower wing fittings. If a crack
is not positively identified during the detailed visual inspection
but is suspected or the area is questionable, before further flight,
do a surface eddy current inspection of the suspected area. Do these
inspections using the Accomplishment Instructions in Textron
Aviation Multi-engine Mandatory Service Letter MEL-57-01 and Textron
Aviation Conquest Mandatory Service Letter CQL-57-01, both dated
December 18, 2017, as applicable.
    (1) For Models 401, 401A, 401B, 402, 402A, 402B, 402C, 411,
411A, 414, 414A, 421, and 421A airplanes: Before the accumulation of
15,000 TIS on the carry through spars or within the next 50 hours
TIS after February 28, 2018 (the effective date of this AD),
whichever occurs later.
    (2) For Models 421B and 421C airplanes: Before the accumulation
of 12,000 hours TIS on the carry through spars or within the next 50
hours TIS after February 28, 2018 (the effective date of this AD),
whichever occurs later.
    (3) For Model 425 airplanes: Before the accumulation of 11,000
TIS on the carry through spars or within the next 50 hours TIS after
February 28, 2018 (the effective date of this AD), whichever occurs
later.

(i) Repetitive Inspections for All Affected Airplanes

    If no cracks are found during the detailed visual inspections or
the surface eddy current inspections required in paragraphs (g) and
(h) of this AD, repetitively thereafter inspect at intervals not to
exceed 50 hours TIS. Inspect as specified in paragraphs (g) and (h)
of this AD using the service information specified in each paragraph
as applicable.

(j) Replacement of Carry Through Spars for All Affected Airplanes

    If cracks are found during any inspection required in paragraphs
(g) through (i) and paragraph (k) of this AD, before further flight,
replace the carry through spar.

(k) Initial and Repetitive Inspections of Newly Replaced Carry Through
Spars for All Affected Airplanes

    At the compliance times in paragraphs (k)(1) through (3) of this
AD, do a detailed visual inspection of the left and right forward
lower carry through spar cap for cracks. Using a 10X magnifier
visually inspect the bottom surface of the carry through spar cap in
the areas around the fasteners located just inboard of the left-hand
and right-hand forward lower wing fittings. If a crack is not
positively identified during the detailed visual inspection but is
suspected or the area is questionable, before further flight, do a
surface eddy current inspection of the suspected area. Do these
inspections using the Accomplishment Instructions in Textron
Aviation Multi-engine Mandatory Service Letter MEL-57-01 and Textron
Aviation Conquest Mandatory Service Letter CQL-57-01, both dated
December 18, 2017, as applicable.
    (1) For Models 401, 401A, 401B, 402, 402A, 402B, 402C, 411,
411A, 414, 414A, 421, and 421A airplanes: Before the accumulation of
15,000 hours TIS on the newly installed carry through spar. If no
cracks are found, repetitively thereafter inspect at intervals not
to exceed 50 hours TIS.
    (2) For Models 421B and 421C airplanes: Before the accumulation
of 12,000 hours TIS on the newly installed carry through spar. If no
cracks are found, repetitively thereafter inspect at intervals not
to exceed 50 hours TIS.
    (3) For Model 425 airplanes: Before the accumulation of 11,000
hours TIS on the newly installed carry through spar. If no cracks
are found, repetitively thereafter inspect at intervals not to
exceed 50 hours TIS.

(l) Reporting Requirement for All Affected Airplanes

    Within 30 days after each inspection required by paragraphs (g)
through (i) and paragraph (k) of this AD, report the results of the
inspection to the FAA representative identified in paragraph (q) of
this AD using the undated Attachment (titled Spar Cap Inspection
Results Form and Spar Cap Inspection Results Form Continued) to
Textron Aviation Multi-engine Mandatory Service Letter MEL-57-01 and
Textron Aviation Conquest Mandatory Service Letter CQL-57-01, both
dated December 18, 2017, as applicable. Please identify AD 2018-03-
03 in the subject line if submitted through email.

(m) Installation of Optional Access Panels All Affected Airplanes

    Textron Aviation Conquest Service Bulletin CQB-57-01, Textron
Aviation Multi-engine Service Bulletin MEB-57-01, and Textron Multi-
engine Service Bulletin MEB-57-02, all dated December 20, 2017,
provide the manufacturer's optional procedures for installing access
panels for easier access to the forward carry through spars. This AD
does not require installing the access panels, but does not restrict
the owner/operator from doing so.

(n) Credit for Actions Done Following Previous Service Information for
Affected Airplanes

    This AD allows credit for the initial inspection of the forward
lower carry through spar cap required in paragraphs (g) and (h) of
this AD if done before February 28, 2018 (the effective date of this
AD) using the following documents:
    (1) Models 401, 401A, 401B, 402, 402A, 402B airplanes: Cessna
Aircraft Company Model 401/402 Supplemental Inspection Document,
Supplemental Inspection Number 57-10-10, dated June 3, 2002.
    (2) Model 402C airplanes: Cessna Aircraft Company Model 402C
Maintenance Manual, Supplemental Inspection Number 57-10-14, dated
June 3, 2002.
    (3) Models 411 and 411A airplanes: Cessna Aircraft Company Model
411, Supplemental Inspection Document, Supplemental Inspection
Number 57-10-10, dated January 6, 2003.
    (4) Model 414 airplanes: Cessna Aircraft Company Model 414
Supplemental Inspection Document, Supplemental Inspection Number 57-
10-10, dated August 1, 2002.
    (5) Model 414A airplanes: Cessna Aircraft Company Model 414A
Supplemental Inspection Document, Supplemental Inspection Number 57-
10-14, dated August 1, 2002.
    (6) Models 421, 421A, and 421B airplanes: Cessna Aircraft
Company Model 421 Supplemental Inspection Document, Supplemental
Inspection Number 57-10-10, dated March 3, 2003.
    (7) Model 421C airplanes: Cessna Aircraft Company Model 421C
Supplemental Inspection Document, Supplemental Inspection Number 57-
10-14, dated January 6, 2003.

(o) Paperwork Reduction Act Burden Statement

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty
for failure to comply with a collection of information subject to
the requirements of the Paperwork Reduction Act unless that
collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 15 minutes per response, including the
time for reviewing instructions, completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Comments concerning the accuracy of this
burden and suggestions for reducing the burden should be directed to
the FAA at: 800 Independence Ave. SW, Washington, DC 20591, Attn:
Information Collection Clearance Officer, AES-200.

(p) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Wichita ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your

principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the manager of the
certification office, send it to the attention of the person
identified in paragraph (q) of this AD.
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(q) Related Information

    For more information about this AD, contact Bobbie Kroetch,
Aerospace Engineer, Wichita ACO Branch, 1801 Airport Road, Room 100,
Wichita, Kansas 67209; telephone:<PHONE_NUMBER>; fax: (316) 946-
4107; email: [email protected] or [email protected].

(r) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Textron Aviation Multi-engine Mandatory Service Letter MEL-
57-01, dated December 18, 2017 (includes the undated Attachment
titled Spar Cap Inspection Results Form and Spar Cap Inspection
Results Form Continued).
    (ii) Textron Aviation Conquest Mandatory Service Letter CQL-57-
01, dated December 18, 2017 (includes the undated Attachment titled
Spar Cap Inspection Results Form and Spar Cap Inspection Results
Form Continued).
    (3) For Textron Aviation service information identified in this
AD, contact Textron Aviation Inc., Textron Aviation Customer
Service, One Cessna Blvd., Wichita, Kansas 67215; telephone: (316)
517-5800; email: [email protected]; internet: www.txtav.com.
    (4) You may view this service information at FAA, Policy and
Innovation Division, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call
(816) 329-4148.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri, on February 2, 2018.
Melvin J. Johnson,
Deputy Director, Policy & Innovation Division, Aircraft Certification
Service.
[FR Doc. 2018-02551 Filed 2-12-18; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 6 (Monday, January 11, 2016)]
[Notices]
[Pages 1184-1185]
[FR Doc No: 2016-339]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9941-22-Region 6]

Adequacy Status of the Dallas-Fort Worth, Texas Reasonable
Further Progress 8-Hour Ozone Motor Vehicle Emission Budgets for
Transportation Conformity Purposes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of adequacy.

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

SUMMARY: EPA is notifying the public that it has found that the motor
vehicle emissions budgets (MVEBs) in the Dallas-Fort Worth, Texas (DFW)
Reasonable Further Progress (RFP) State Implementation Plan (SIP)
revision, submitted on July 10, 2015 by the Texas Commission on
Environmental Quality (TCEQ) are adequate for transportation conformity
purposes. As a result of EPA's finding, the DFW area must use these
budgets for future conformity determinations.

DATES: These budgets are effective January 26, 2016.

FOR FURTHER INFORMATION CONTACT: The essential information in this
notice will be available at EPA's conformity Web site: http://www.epa.gov/otaq/stateresources/transconf/adequacy.htm. You may also
contact Mr. Jeffrey Riley, Air Planning Section (6PD-L), U.S.
Environmental Protection Agency, Region 6, 1445 Ross Avenue, Dallas,
Texas 75202-2733, telephone<PHONE_NUMBER>, Email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refers to EPA. The word ``budget(s)'' refers to the mobile
source emissions budget for volatile organic compounds (VOCs) and the
mobile source emissions budget for nitrogen oxides (NOX).
    On July 10, 2015, we received a SIP revision from the TCEQ. This
revision consisted of an RFP SIP for the DFW ozone nonattainment area.
This submission established MVEBs for the DFW area for the year 2017.
The MVEB is the amount of emissions allowed in the state implementation
plan for on-road motor vehicles; it establishes an emissions ceiling
for the regional transportation network. The MVEBs are provided in
Table 1:

Table 1--Dallas-Fort Worth Reasonable Further Progress NOX and VOC MVEBS
                      [Summer season tons per day]
------------------------------------------------------------------------
                                                               2017
------------------------------------------------------------------------
NOX.....................................................          148.36
VOC.....................................................           77.18
------------------------------------------------------------------------

    On August 25, 2015, EPA posted the availability of the DFW area
MVEBs on EPA's Web site for the purpose of soliciting public comments,
as part of the adequacy process. The comment period closed on September
24, 2015, and we received no comments.
    Today's notice is simply an announcement of a finding that EPA has
already made. EPA Region 6 sent a letter to TCEQ on December 10, 2015,
finding that the MVEBs in the DFW RFP SIP, submitted on July 10, 2015
are adequate and must be used for transportation conformity
determinations in the DFW area. This finding has also been announced on
EPA's conformity Web site: http://www.epa.gov/otaq/stateresources/transconf/adequacy.htm.
    Transportation conformity is required by section 176(c) of the
Clean Air Act. EPA's conformity rule, 40 Code of Federal Regulations
(CFR) part 93, requires that transportation plans, programs and
projects conform to state air quality implementation plans and
establishes the criteria and procedures for determining whether or not
they do so. Conformity to a SIP means that transportation activities
will not produce new air quality violations, worsen existing
violations, or delay timely attainment of the national ambient air
quality standards.
    The criteria by which EPA determines whether a SIP's MVEB is
adequate for transportation conformity purposes are outlined in 40 CFR
93.118(e)(4). We have also described the process for determining the
adequacy of submitted SIP budgets in our July 1, 2004, final rulemaking
entitled, ``Transportation Conformity Rule Amendments for the New 8-
hour Ozone and PM2.5 National Ambient Air Quality Standards
and Miscellaneous Revisions for Existing

Areas; Transportation Conformity Rule Amendments: Response to Court
Decision and Additional Rule Changes'' (69 FR 40004). Please note that
an adequacy review is separate from EPA's completeness review, and it
should not be used to prejudge EPA's ultimate approval of the DFW RFP
SIP revision submittal. Even if EPA finds the budgets adequate, the DFW
RFP SIP revision submittal could later be disapproved.
    Within 24 months from the effective date of this notice, the DFW-
area transportation partners, such as the North Central Texas Council
of Governments, will need to demonstrate conformity to the new MVEBs if
the demonstration has not already been made, pursuant to 40 CFR
93.104(e). See, 73 FR 4419 (January 24, 2008).

    Authority: 42 U.S.C. 7401 et seq.

    Dated: December 29, 2015.
Samuel Coleman,
Acting Regional Administrator, Region 6.
[FR Doc. 2016-339 Filed 1-8-16; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 164 (Friday, August 25, 2023)]
[Notices]
[Pages 58434-58435]
[FR Doc No: 2023-18361]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2023-0185]

Commercial Driver's License: State of Hawaii; Application for
Exemption

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

ACTION: Notice of application for exemption; request for comments.

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

SUMMARY: FMCSA announces that it has received an application from the
state of Hawaii to exempt specified portions of the CDL skills test for
drivers on the islands of Lanai and Molokai due to the lack of highway
infrastructure to allow completion of the full skills test. Regulations
require a CDL applicant to possess and demonstrate specific on-road
safe driving skills, including the ability to choose a safe gap for
changing lanes, passing other vehicles, and crossing or entering
traffic and the ability to signal appropriately when changing direction
in traffic. The state of Hawaii proposes to issue a restricted CDL to
drivers who pass a limited CDL skills test in which the driver would
not be required to demonstrate the ability to perform those on-road
skills. FMCSA requests public comment on the applicant's request for
exemption.

DATES: Comments must be received on or before September 25, 2023.

ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Number FMCSA-2023-0185 by any of the following
methods:
     Federal eRulemaking Portal: www.regulations.gov. See the
Public Participation and Request for Comments section below for further
information.
     Mail: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor,
1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m. E.T., Monday
through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
    Each submission must include the Agency name and the docket number
(FMCSA-2023-0185) for this notice. Note that DOT posts all comments
received without change to www.regulations.gov, including any personal
information included in a comment. Please see the Privacy Act heading
below.
    Docket: For access to the docket to read background documents or
comments, go to www.regulations.gov at any time or visit the ground
level of the West Building, 1200 New Jersey Avenue SE, Washington, DC,
between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal
holidays. To be sure someone is there to help you, please call (202)
366-9317 or<PHONE_NUMBER> before visiting Dockets Operations.
    Privacy Act: In accordance with 49 U.S.C. 31315(b), DOT solicits
comments from the public to better inform its exemption 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
https://www.transportation.gov/privacy, the comments are searchable by
the name of the submitter.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards, FMCSA, at<PHONE_NUMBER> or [email protected].
If you have questions on viewing or submitting material to the docket,
contact Dockets Operations at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this
notice (FMCSA-2023-0185), indicate the specific section of this
document to which the comment applies, and provide a reason for
suggestions or recommendations. 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 the Agency can contact you if it has questions
regarding your submission.
    To submit your comment online, go to www.regulations.gov and put
the docket number ``FMCSA-2023-0185'' in the keyword box, and click
``Search.'' Next, sort the results by ``Posted (Newer-Older),'' choose
the first notice listed, click the ``Comment'' 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.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant
exemptions from Federal Motor Carrier Safety Regulations (FMCSRs).
FMCSA must publish a notice of each exemption request in the Federal
Register (49 CFR 381.315(a)). The Agency must provide the public an
opportunity to inspect the information relevant to the application,
including any safety analyses that have been conducted. The Agency must
provide an opportunity for public comment on the request.
    The Agency reviews safety analyses and public comments submitted
and determines whether granting the exemption would likely achieve a
level of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305). The Agency must
publish its decision in the Federal Register (49 CFR 381.315(b)) with
the reasons for denying or granting the application and, if granted,
the name of the person or class of persons receiving the exemption and
the regulatory provision from which the exemption is granted. The
notice must specify the effective period and explain the terms and
conditions of the exemption. The exemption may be renewed (49 CFR
381.300(b)).

III. Applicant's Request

    The state of Hawaii seeks an exemption from the requirements in 49
CFR 383.113(c) that an applicant for a commercial driver's license
(CDL) must demonstrate safe on-road driving skills, including the
ability to choose a safe gap for changing lanes, passing other
vehicles, crossing or entering traffic, and the ability to signal
appropriately when changing direction in traffic (49 CFR 383.113(c)(2)
and (4)). The state of Hawaii maintains that the islands of Lanai and
Molokai do not have at least two miles of a straight section of urban
business street and at least two miles of an expressway or highway
section with multiple lanes going in each direction to allow the
ability to legally change lanes. The state of Hawaii proposes to
establish a new CDL restriction ``R'', limiting the CDL's validity to
the islands of Lanai and Molokai only. These restricted CDLs would also
have the ``K'' (intrastate) restriction and would be applied to drivers
who take an abbreviated CDL skills test.
    A copy of the State of Hawaii's application for exemption, along
with supplemental information provided by HDOT, is available for review
in the docket for this notice.

IV. Request for Comments

    In accordance with 49 U.S.C. 31315(b), FMCSA requests public
comment from all interested persons on the state of Hawaii's
application for an exemption from the CDL regulations in 49 CFR
383.113(c). All comments received before the close of business on the
comment closing date indicated at the beginning of this notice will be
considered and will be available for examination in the docket at the
location listed under the ADDRESSES section of this notice. Comments
received after the comment closing date will be filed in the public
docket and will be considered to the extent practicable. In addition to
late comments, FMCSA will also continue to file, in the public docket,
relevant information that becomes available after the comment closing
date. Interested persons should continue to examine the public docket
for new material.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2023-18361 Filed 8-24-23; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 88, Number 99 (Tuesday, May 23, 2023)]
[Rules and Regulations]
[Pages 32961-32963]
[FR Doc No: 2023-10941]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 31486; Amdt. No. 4060]

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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This rule amends, suspends, or removes Standard Instrument
Approach Procedures (SIAPs) and associated Takeoff Minimums and
Obstacle Departure Procedures for operations 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 for the 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, 2023. 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, 2023.

ADDRESSES: Availability of matter 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 Information Services, 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, email
[email protected] or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free
of charge. Visit the National Flight Data Center online 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., STB Annex, Bldg 26, Room 217,
Oklahoma City, OK 73099. Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    This rule amends 14 CFR part 97 by amending the referenced SIAPs.
The complete regulatory description of each SIAP is listed on the
appropriate FAA Form 8260, as modified by the National Flight Data
Center (NFDC)/Permanent Notice to Airmen (P-NOTAM), and is incorporated
by reference under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR 97.20.
The large number of SIAPs, their complex nature, and the need for a
special format make their verbatim publication in the Federal Register
expensive and impractical. Further, airmen do not use the regulatory
text of the SIAPs, but 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 contained on FAA form documents is
unnecessary. This amendment provides the affected CFR sections, and
specifies the SIAPs and 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 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 and Takeoff Minimums and ODP as amended in the
transmittal. For safety and timeliness of change considerations, this
amendment incorporates only specific changes contained for each SIAP
and Takeoff Minimums and ODP as modified by FDC permanent NOTAMs.
    The SIAPs and Takeoff Minimums and ODPs, as modified by FDC
permanent NOTAM, and contained in this amendment are based on criteria
contained in the U.S. Standard for Terminal Instrument Procedures
(TERPS). In developing these changes to SIAPs and Takeoff Minimums and
ODPs, the TERPS criteria were applied only to specific conditions
existing at the affected airports. All SIAP amendments in this rule
have been previously issued by the FAA in a FDC NOTAM as an emergency
action of immediate flight safety relating directly to published
aeronautical charts.
    The circumstances that created the need for these SIAP and Takeoff
Minimums and ODP amendments require making them effective in less than
30 days.
    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 these
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 April 28, 2023.
Thomas J Nichols,
Manager, Aviation Safety, Flight Standards Service, Standards Section,
Flight Procedures & Airspace Group, Flight Technologies & Procedures
Division.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, 14 CFR part
97 is amended by amending Standard Instrument Approach Procedures and
Takeoff Minimums and ODPs, 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:
    By amending: Sec.  97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec.  97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; Sec.
97.27 NDB, NDB/DME; Sec.  97.29 ILS, ILS/DME, MLS, MLS/DME, MLS/RNAV;
Sec.  97.31 RADAR SIAPs; Sec.  97.33 RNAV SIAPs; and Sec.  97.35 COPTER
SIAPs, Identified as follows:

* * * Effective Upon Publication

--------------------------------------------------------------------------------------------------------------------------------------------------------
      AIRAC date           State             City                 Airport          FDC No.      FDC date                      Subject
--------------------------------------------------------------------------------------------------------------------------------------------------------
15-Jun-23.............  HI           Kahului.............  Kahului.............       2/6251    3/21/2023  RNAV (RNP) Z RWY 2, Amdt 1A
15-Jun-23.............  MA           Hyannis.............  Cape Cod Gateway....       2/8573    4/13/2023  ILS OR LOC RWY 15, Amdt 5B
15-Jun-23.............  MA           Hyannis.............  Cape Cod Gateway....       2/8574    4/13/2023  ILS OR LOC RWY 24, Amdt 19A
15-Jun-23.............  MA           Hyannis.............  Cape Cod Gateway....       2/8576    4/13/2023  RNAV (GPS) RWY 6, Orig-C
15-Jun-23.............  MA           Hyannis.............  Cape Cod Gateway....       2/8577    4/13/2023  RNAV (GPS) RWY 15, Orig-D
15-Jun-23.............  MA           Hyannis.............  Cape Cod Gateway....       2/8578    4/13/2023  RNAV (GPS) RWY 33, Orig-D
15-Jun-23.............  MA           Hyannis.............  Cape Cod Gateway....       2/8580    4/13/2023  RNAV (GPS) RWY 24, Amdt 1B
15-Jun-23.............  MA           Hyannis.............  Cape Cod Gateway....       2/8581    4/13/2023  VOR RWY 6, Amdt 10A
15-Jun-23.............  FL           Fernandina Beach....  Fernandina Beach           3/0147    2/27/2023  RNAV (GPS) RWY 4, Orig
                                                            Muni.
15-Jun-23.............  NY           Canandaigua.........  Canandaigua.........       3/0605    2/28/2023  VOR-A, Orig-B
15-Jun-23.............  NY           Canandaigua.........  Canandaigua.........       3/0606    2/28/2023  RNAV (GPS) RWY 31, Amdt 1B
15-Jun-23.............  NY           Canandaigua.........  Canandaigua.........       3/0608    2/28/2023  RNAV (GPS) RWY 13, Amdt 2A
15-Jun-23.............  TX           Waco................  McGregor Exec.......       3/0656    3/28/2023  RNAV (GPS) RWY 35, Amdt 1B
15-Jun-23.............  TX           Waco................  McGregor Exec.......       3/0658    3/28/2023  RNAV (GPS) RWY 17, Amdt 1B
15-Jun-23.............  TX           Waco................  McGregor Exec.......       3/0662    3/28/2023  VOR RWY 17, Amdt 11
15-Jun-23.............  KS           Great Bend..........  Great Bend Muni.....       3/0838    3/13/2023  ILS OR LOC RWY 35, Orig-D
15-Jun-23.............  TN           Rogersville.........  Hawkins County......       3/0911     3/1/2023  RNAV (GPS) RWY 7, Orig
15-Jun-23.............  MO           Fort Leonard Wood...  Waynesville-St             3/1658     2/7/2023  ILS OR LOC RWY 15, Amdt 2A
                                                            Robert Rgnl Forney
                                                            Fld.
15-Jun-23.............  VA           Saluda..............  Hummel Fld..........       3/1763     3/1/2023  Takeoff Minimums and Obstacle DP, Amdt 2
15-Jun-23.............  FL           Palatka.............  Palatka Muni--Lt Kay       3/1975    4/17/2023  RNAV (GPS) RWY 27, Orig-C
                                                            Larkin Fld.
15-Jun-23.............  NC           Greensboro..........  Piedmont Triad Intl.       3/2447     3/6/2023  RNAV (GPS) RWY 23R, Orig-D
15-Jun-23.............  SC           Charleston..........  Charleston Exec.....       3/3226     3/6/2023  ILS OR LOC RWY 9, Amdt 2D
15-Jun-23.............  AK           Fairbanks...........  Fairbanks Intl......       3/3227    3/21/2023  RNAV (GPS) Y RWY 20R, Amdt 1D
15-Jun-23.............  ND           Langdon.............  Robertson Fld.......       3/3936    3/29/2023  RNAV (GPS) RWY 32, Orig
15-Jun-23.............  IL           Chicago/Rockford....  Chicago/Rockford           3/4972     4/5/2023  ILS OR LOC RWY 7, Amdt 2A
                                                            Intl.
15-Jun-23.............  MA           Falmouth............  Cape Cod Coast Guard       3/5067    2/14/2023  ILS Z OR LOC Z RWY 23, Amdt 2
                                                            Air Station.
15-Jun-23.............  GA           Macon...............  Middle Georgia Rgnl.       3/5240    2/14/2023  RNAV (GPS) RWY 32, Amdt 1D
15-Jun-23.............  GA           Macon...............  Middle Georgia Rgnl.       3/5244    2/14/2023  RNAV (GPS) RWY 14, Amdt 2D
15-Jun-23.............  NC           Washington..........  Washington-Warren...       3/5848     4/5/2023  RNAV (GPS) RWY 23, Amdt 1B
15-Jun-23.............  AK           King Salmon.........  King Salmon.........       3/5870     4/6/2023  VOR Y OR TACAN Y RWY 30, Amdt 12
15-Jun-23.............  IL           Springfield.........  Abraham Lincoln            3/6048    3/21/2023  Takeoff Minimums and Obstacle DP, Orig
                                                            Capital.
15-Jun-23.............  CA           Corona..............  Corona Muni.........       3/6212    2/17/2023  Takeoff Minimums and Obstacle DP, Amdt 3
15-Jun-23.............  OH           Hamilton............  Butler County Rgnl/        3/6340    3/13/2023  RNAV (GPS) RWY 11, Amdt 1A
                                                            Hogan Fld.
15-Jun-23.............  WI           Milwaukee...........  Lawrence J Timmerman       3/6342    3/13/2023  LOC RWY 15L, Amdt 6E
15-Jun-23.............  AR           Little Rock.........  Bill And Hillary           3/7372    3/24/2023  RNAV (GPS) RWY 4R, Amdt 1F
                                                            Clinton Ntl/Adams
                                                            Fld.
15-Jun-23.............  AR           Little Rock.........  Bill And Hillary           3/7373    3/24/2023  VOR-A, Orig-D
                                                            Clinton Ntl/Adams
                                                            Fld.
15-Jun-23.............  AR           Little Rock.........  Bill And Hillary           3/7374    3/24/2023  RNAV (GPS) RWY 36, Amdt 1
                                                            Clinton Ntl/Adams
                                                            Fld.
15-Jun-23.............  OK           Stillwater..........  Stillwater Rgnl.....       3/7770    3/23/2023  RNAV (GPS) RWY 17, Amdt 1
15-Jun-23.............  TN           Crossville..........  Crossville Meml-           3/8479    1/30/2023  ILS Y OR LOC Y RWY 26, Orig-D
                                                            Whitson Fld.
15-Jun-23.............  TN           Crossville..........  Crossville Meml-           3/8489    1/30/2023  ILS Z OR LOC Z RWY 26, Amdt 14D
                                                            Whitson Fld.
15-Jun-23.............  SC           Spartanburg.........  Spartanburg Downtown       3/9742     2/3/2023  ILS OR LOC RWY 5, Amdt 2
                                                            Meml/Simpson Fld.

15-Jun-23.............  SC           Spartanburg.........  Spartanburg Downtown       3/9743     2/3/2023  RNAV (GPS) RWY 5, Amdt 1
                                                            Meml/Simpson Fld.
15-Jun-23.............  TX           Waco................  McGregor Exec.......       3/9769    3/28/2023  RADAR-1, Amdt 1A
15-Jun-23.............  TX           Presidio............  Presidio Lely Intl..       3/9793    3/21/2023  RNAV (GPS)-A, Orig-A
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2023-10941 Filed 5-22-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 120 (Wednesday, June 22, 2011)]
[Rules and Regulations]
[Pages 36316-36318]
[FR Doc No: 2011-15621]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0385]
RIN 1625-AA00

Safety Zone; Upper Mississippi River, Mile 180.0 to 179.0

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for
all waters of the Upper Mississippi River, from Mile 180.0 to 179.0,
extending the entire width of the river. This safety zone is needed to
protect persons, spectators, and vessels from safety hazards associated
with a demonstration of Marine Corps combat capabilities. Entry into
this zone is prohibited unless specifically authorized by the Captain
of the Port Upper Mississippi River or a designated representative.

DATES: This rule is effective from 12 p.m. on June 23, 2011 through 6
p.m. CDT on June 25, 2011.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0385 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-0385 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. EST, Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail Chief Petty Officer Bryan Klostermeyer,
Sector Upper Mississippi River Response Department at telephone (314)
269-2566, e-mail<EMAIL_ADDRESS>If you have questions
on viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    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 using the NPRM process. The Coast Guard received minimal
notice that the Marine Corps demonstration, which did not allow for the
time needed to publish a NPRM and provide for a comment period.
Delaying this rule by publishing a NPRM would be impracticable and
unnecessarily delay the scheduled demonstration. This rule is needed to
protect vessels and mariners from the safety hazards associated with
such a demonstration.
    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. The Coast Guard received minimal
notice that the Marine Corps demonstration, which did not allow for a
30-day notice period. Delaying this rule by providing 30 days notice
would be impracticable and unnecessarily delay the scheduled
demonstration. Delaying the rule's effective date would be
impracticable because immediate action is needed to protect vessels and
mariners from the safety hazards associated with a demonstration of
Marine Corps combat capabilities.

Basis and Purpose

    From June 23 through June 25, 2011 the USMC 3rd Battalion, 24th
Marines will conduct a series of demonstrations of Marine Corps combat
capabilities between Mile 180.0 and 179.0 on the Upper Mississippi
River. This event presents safety hazards to the navigation of vessels
between Mile 180.0 and 179.0, extending the entire width of the river.
To provide for the safety of the public, the Coast Guard will
temporarily restrict access to this section of the Upper Mississippi
River during the scheduled demonstrations.

Discussion of Rule

    The Coast Guard is establishing a temporary safety zone for all
waters of the Upper Mississippi River, Mile 180.0 to 179.0, extending
the entire width of the river. Entry into this zone is prohibited to
all vessels and persons except participants and those persons and
vessels specifically authorized by the Captain of the Port Upper
Mississippi River. This rule is effective from 12 noon on June 23, 2011
through 6 p.m. CDT on June 25, 2011. This rule will be enforced from
3:30 p.m. until 5 p.m. CDT on June 23 and 24, 2011, and 1:30 p.m. until
3 p.m. CDT on June 25, 2011. The Captain of the Port Upper Mississippi
River will inform the public through broadcast notice to mariners of
all safety zone requirements changes and enforcement periods.

Regulatory Analyses

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

Regulatory Planning and Review

    This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    Although this regulation will restrict access to this area, the
effect of the rule is not significant because: (1) This rule will be in
effect for a limited time period and notifications to the marine
community will be made through local notice to mariners; and (2)
vessels may be permitted to transit the area by the Captain of the Port
Upper Mississippi River or designated representative.

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 the Upper Mississippi River, Mile 180.0 to 179.0 after 12 noon
on June 23, 2011 through 6 p.m. CDT on June 25, 2011. This safety zone
will not have a significant economic impact on a substantial number of
small entities because this rule will only be in effect for a limited
period of time.
    If you are a small business entity and are significantly affected
by this regulation, please contact Chief Petty Officer Bryan
Klostermeyer, Sector Upper Mississippi River at<PHONE_NUMBER>.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they 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 businesses. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

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

Federalism

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

Unfunded Mandates Reform Act

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

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not 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 establishes a temporary safety
zone to protect the public from the dangers associated with the
scheduled demonstrations of Marine Corps combat capabilities. 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 record
keeping requirements, Security measures, Waterways.

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. A new temporary Sec.  165.T11-0385 is added to read as follows:

Sec.  165.T11-0385  Safety Zone; Upper Mississippi River, Mile 180.0 to
179.0.

    (a) Location. The following area is a safety zone: all waters of
the Upper Mississippi River, Mile 180.0 to 179.0 extending the entire
width of the waterway.
    (b) Effective date. This rule is effective from 12 p.m. on June 23,
2011 through 6 p.m. CDT on June 25, 2011.
    (c) Periods of enforcement. This rule will be enforced from 3:30
p.m. until 5 p.m. CDT on June 23 and 24, 2011, as well as, 1:30 p.m.
until 3 p.m. CDT on June 25, 2011. The Captain of the Port Upper
Mississippi River will inform the public of the enforcement periods and
any safety zone changes through broadcast notice to mariners.
    (d) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port Upper Mississippi River or a
designated representative.
    (2) Persons or vessels requiring entry into or passage through the
zone must request permission from the Captain of the Port Upper
Mississippi River or a designated representative. The Captain of the
Port Upper Mississippi River representative may be contacted at (314)
269-2332.
    (3) All persons and vessels shall comply with the instructions of
the Captain of the Port Upper Mississippi River or their designated
representative. Designated Captain of the Port representatives include
United States Coast Guard commissioned, warrant, and petty officers.

    Dated: May 25, 2011.
S.L. Hudson,
Captain, U.S. Coast Guard, Captain of the Port Upper Mississippi River.
[FR Doc. 2011-15621 Filed 6-21-11; 8:45 am]
BILLING CODE 4910-15-P