[Federal Register Volume 81, Number 12 (Wednesday, January 20, 2016)]
[Proposed Rules]
[Pages 3056-3059]
[FR Doc No: 2016-00637]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-8469; Directorate Identifier 2014-NM-105-AD]
RIN 2120-AA64

Airworthiness Directives; Fokker Services B.V. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
Fokker Services B.V. Model F.28 Mark 1000, 2000, 3000, and 4000
airplanes. This proposed AD was prompted by a design review that
revealed insufficient measures were taken to ensure the correct locking
of the attachments of the fuel quantity tank units (FQTUs) in each wing
tank. When an FQTU becomes loose, this could lead to insufficient
clearance between the FQTU and the adjacent tank structure or other
metal parts, and under certain conditions, create an ignition source
inside the wing fuel vapor space. This proposed AD would require
modifying the FQTUs by applying sealant to cover the nuts, washers, and
stud ends at the FQTU attachments in each main wing tank. This proposed
AD would also require

revising the maintenance or inspection program, as applicable, by
incorporating a fuel airworthiness limitation item and a critical
design configuration control limitation (CDCCL). We are proposing this
AD to prevent an ignition source in the wing fuel tank vapor space,
which could result in a wing fuel tank explosion and consequent loss of
the airplane.

DATES: We must receive comments on this proposed AD by March 7, 2016.

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, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Fokker Services B.V., Technical Services Dept., P.O. Box 1357, 2130 EL
Hoofddorp, the Netherlands; telephone +31 (0)88-6280-350; fax +31
(0)88-6280-111; email<EMAIL_ADDRESS>Internet http://www.myfokkerfleet.com. You may view this referenced service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>.

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-2015-
8469; or in person at the Docket Operations office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Operations office (telephone<PHONE_NUMBER>) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2015-8469;
Directorate Identifier 2014-NM-105-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on 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 proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2014-0106, dated May 7, 2014 (referred to after
this the Mandatory Continuing Airworthiness Information, or ``the
MCAI''), to correct an unsafe condition for all Fokker Services B.V.
Model F.28 Mark 1000, 2000, 3000, and 4000 airplanes. The MCAI states:

    Prompted by an accident . . ., the Federal Aviation
Administration (FAA) published Special Federal Aviation Regulation
(SFAR) 88 [(66 FR 23086, May 7, 2001)], and the Joint Aviation
Authorities (JAA) published Interim Policy INT/POL/25/12.
    The review conducted by Fokker Services on the Fokker F28
design, in response to these regulations, revealed that insufficient
measures were taken to ensure the correct locking of the attachments
of the Fuel Quantity Tank Units (FQTUs). When a FQTU becomes loose,
this could lead to insufficient clearance between the FQTU and the
adjacent tank structure or other metal parts and, under certain
conditions, create an ignition source inside the wing fuel tank
vapour space.
    This condition, if not detected and corrected, could result in a
wing fuel tank explosion and consequent loss of the aeroplane.
    To address this potential unsafe condition, Fokker Services
developed a modification to ensure that each FQTU remains properly
attached.
    For the reasons described above, this [EASA] AD requires the
application of sealant covering the nuts, washers and stud ends at
the FQTU attachment in each wing tank [and a revision to the
maintenance or inspection program, as applicable to incorporate a
fuel airworthiness limitation item and a CDCCL]. More information on
this subject can be found in Fokker Services All Operators Message
AOF28.038#02.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
8469.
    The FAA has examined the underlying safety issues involved in fuel
tank explosions on several large transport airplanes, including the
adequacy of existing regulations, the service history of airplanes
subject to those regulations, and existing maintenance practices for
fuel tank systems. As a result of those findings, we issued a
regulation titled ``Transport Airplane Fuel Tank System Design Review,
Flammability Reduction and Maintenance and Inspection Requirements''
(66 FR 23086, May 7, 2001). In addition to new airworthiness standards
for transport airplanes and new maintenance requirements, this rule
included Special Federal Aviation Regulation No. 88 (``SFAR 88,''
Amendment 21-78, and subsequent Amendments 21-82 and 21-83).
    Among other actions, SFAR 88 (66 FR 23086, May 7, 2001) requires
certain type design (i.e., type certificate (TC) and supplemental type
certificate (STC)) holders to substantiate that their fuel tank systems
can prevent ignition sources in the fuel tanks. This requirement
applies to type design holders for large turbine-powered transport
airplanes and for subsequent modifications to those airplanes. It
requires them to perform design reviews and to develop design changes
and maintenance procedures if their designs do not meet the new fuel
tank safety standards. As explained in the preamble to the rule, we
intended to adopt airworthiness directives to mandate any changes found
necessary to address unsafe conditions identified as a result of these
reviews.
    In evaluating these design reviews, we have established four
criteria intended to define the unsafe conditions associated with fuel
tank systems that require corrective actions. The percentage of
operating time during which fuel tanks are exposed to flammable
conditions is one of these criteria. The other three criteria address
the failure types under evaluation: Single failures, single failures in
combination with a latent condition(s), and in-service failure
experience. For all four criteria, the evaluations included
consideration of previous actions taken that may mitigate the need for
further action.

    The Joint Aviation Authorities (JAA) has issued a regulation that
is similar to SFAR 88 (66 FR 23086, May 7, 2001). (The JAA is an
associated body of the European Civil Aviation Conference (ECAC)
representing the civil aviation regulatory authorities of a number of
European States who have agreed to co-operate in developing and
implementing common safety regulatory standards and procedures.) Under
this regulation, the JAA stated that all members of the ECAC that hold
type certificates for transport category airplanes are required to
conduct a design review against explosion risks.
    We have determined that the actions identified in this AD are
necessary to reduce the potential of ignition sources inside fuel
tanks, which, in combination with flammable fuel vapors, could result
in fuel tank explosions and consequent loss of the airplane.

Related Service Information Under 1 CFR Part 51

    Fokker Services B.V. has issued Fokker Service Bulletin SBF28-28-
054, Revision 1, which includes Fokker Manual Change Notification MCNM-
F28-037, Revision 1, dated January 9, 2014. The service information
describes procedures for applying sealant to the attachment nuts,
washers, and stud ends of the FQTU.
    Fokker Services B.V. has also issued Fokker Service Bulletin SBF28-
28-050, Revision 3, dated December 11, 2014. The service information
describes the fuel airworthiness limitation item and the CDCCL.
    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.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of these
same type designs.
    This AD requires revisions to certain operator maintenance
documents to include new actions (e.g., inspections) and/or CDCCLs.
Compliance with these actions and/or CDCCLs is required by 14 CFR
91.403(c). For airplanes that have been previously modified, altered,
or repaired in the areas addressed by this AD, the operator may not be
able to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must request
approval for an alternative method of compliance according to paragraph
(k)(1) of this proposed AD. The request should include a description of
changes to the required actions that will ensure the continued
operational safety of the airplane.

Costs of Compliance

    We estimate that this proposed AD affects 5 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Modification and maintenance program  7 work-hours x $85 per               $0             $595           $2,975
 revision.                             hour = $595.
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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.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the 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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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):

Fokker Services B.V.: Docket No. FAA-2015-8469; Directorate
Identifier 2014-NM-105-AD.

(a) Comments Due Date

    We must receive comments by March 7, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Fokker Services B.V. Model F.28 Mark 1000,
2000, 3000, and 4000 airplanes, certificated in any category, all
serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel.

(e) Reason

    This AD was prompted by a design review that revealed
insufficient measures were taken to ensure the correct locking of
the attachments of the fuel quantity tank units (FQTUs) in each wing
tank. When an FQTU becomes loose, this could lead to insufficient
clearance between the FQTU and the adjacent tank structure or other
metal parts, and under certain conditions, create an ignition source
inside the wing fuel vapor space. We are issuing this AD to prevent
an ignition source in the wing fuel tank vapor space, which could
result in a wing fuel tank explosion and consequent loss of the
airplane.

(f) Compliance

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

(g) Modification of the FQTUs

    At the next scheduled opening of the fuel tanks after the
effective date of this AD, but no later than 84 months after the
effective date of this AD, modify the FQTU in each main wing tank by
applying sealant to cover the nuts, washers, and stud ends of the
FQTU attachments, and do an inspection for leakage of the tank
access panels, in accordance with the Accomplishment Instructions of
Fokker Service Bulletin SBF28-28-054, Revision 1, including Fokker
Manual Change Notification MCNM-F28-037, Revision 1, dated January
9, 2014. If any fuel leakage is found, before further flight,
reapply the sealant, in accordance with the Accomplishment
Instructions of Fokker Service Bulletin SBF28-28-054, Revision 1,
including Fokker Manual Change Notification MCNM-F28-037, Revision
1, dated January 9, 2014.

(h) Revision of Maintenance or Inspection Program

    Before further flight after completing the modification
specified in paragraph (g) of this AD, or within 30 days after the
effective date of this AD, whichever occurs later: Revise the
airplane maintenance or inspection program, as applicable, by
incorporating the fuel airworthiness limitation item and critical
design configuration control limitation (CDCCL) specified in
paragraph 1.L.(1)(c) of Fokker Service Bulletin SBF28-28-054,
Revision 1, dated January 9, 2014. The initial compliance times for
these tasks are at the latest of the times specified in paragraphs
(h)(1), (h)(2), and (h)(3) of this AD.
    (1) At the applicable time specified in Fokker Service Bulletin
SBF28-28-050, Revision 3, dated December 11, 2014.
    (2) Before further flight after completing the modification
specified in paragraph (g) of this AD.
    (3) Within 30 days after the effective date of this AD.

(i) No Alternative Actions, Intervals, and CDCCLs

    After accomplishing the revision required by paragraph (h) of
this AD, no alternative actions (e.g., inspections), intervals, or
CDCCLs may be used unless the actions, intervals, or CDCCLs are
approved as an alternative method of compliance (AMOC) in accordance
with the procedures specified in paragraph (k)(1) of this AD.

(j) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph
(g) of this AD, if those actions were performed before the effective
date of this AD using Fokker Service Bulletin SBF28-28-054, dated
June 30, 2010, which is not incorporated by reference in this AD.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, 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 International Branch, send it to ATTN: Tom
Rodriguez, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton,
WA 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

Information may be emailed to<EMAIL_ADDRESS>
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. The AMOC approval letter must specifically reference this
AD.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or the
European Aviation Safety Agency (EASA); or Fokker B.V. Service's
EASA Design Organization Approval (DOA). If approved by the DOA, the
approval must include the DOA-authorized signature.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2014-0106, dated May 7, 2014,
for related information. This MCAI may be found in the AD docket on
the Internet at http://www.regulations.gov. by searching for and
locating Docket No. FAA-2015-8469.
    (2) For service information identified in this AD, contact
Fokker Services B.V., Technical Services Dept., P.O. Box 1357, 2130
EL Hoofddorp, the Netherlands; telephone +31 (0)88-6280-350; fax +31
(0)88-6280-111; email<EMAIL_ADDRESS>Internet http://www.myfokkerfleet.com. You may view this service information at the
FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
WA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

    Issued in Renton, Washington, on January 6, 2016.
Victor Wicklund,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-00637 Filed 1-19-16; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: July 11, 2006 (Volume 71, Number 132)]
[Notices]
[Page 39092-39093]
[DOCID:fr11jy06-76]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Application and Soliciting Comments, Motions To
Intervene, and Protests

July 3, 2006.
    Take notice that the following application has been filed with the
Commission and is available for public inspection:
    a. Application Type: Shoreline Management Plan.
    b. Project No.: 2030-073.
    c. Date Filed: June 8, 2006.
    d. Applicant: Portland General Electric Company and the
Confederated Tribes of the Warm Springs Reservation of Oregon (CTWS).
    e. Name of Project: Pelton Round Butte Hydroelectric Project.
    f. Location: The project is located on the Deschutes River in
Jefferson County, Oregon. The project occupies 3,503.74 acres of
Federal and tribal lands administered by the U.S. Forest Service
(USFS), U.S. Bureau of Land Management (BLM), and U.S. Bureau of Indian
Affairs (BIA).
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Ms. Julie A. Keil, Director of Hydro
Licensing, Portland General Electric Company, 121 SW Salmon, Portland,
OR 97204,<PHONE_NUMBER>.
    i. FERC Contact: Any questions on this notice should be addressed
to Lesley Kordella at<PHONE_NUMBER>, or by e-mail:
<EMAIL_ADDRESS>
    j. Deadline for filing comments and /or motions: July 31, 2006.
    All documents (original and eight copies) should be filed with: Ms.
Magalie R. Salas, Secretary, Federal Energy Regulatory Commission,
DHAC, PJ-12.1, 888 First Street, NE., Washington DC 20426. Please
include the project number (2030-073) on any comments or motions filed.
Comments, protests and interventions may be filed electronically via
the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the
instructions on the Commission's Web site under the ``e-Filing'' link.
The Commission strongly encourages electronic filings.

    k. Description of Proposal: The licensees submitted a Shoreline
Management Plan (SMP) as required by article 428. The SMP was developed
in consultation with the CTWS Branch of Natural Resources, USFS, BLM,
BIA, Oregon Department of Fish and Wildlife, Oregon Parks and
Recreation Department, and Jefferson County, in order to guide
development and resource protection on the shorelines of Lake Billy
Chinook and Lake Simtustus. It is intended to provide a tool to manage
shoreline developments to protect public health and safety, while
allowing efficient management of the project. The SMP addresses issues
relating to natural resources, recreation and public access, and
guidance for new shoreline development, installation of new docks, and
modifications to existing docks.
    l. This filing is available for review at the Commission in the
Public Reference Room or may be viewed on the Commission's Web site at
http://www.ferc.gov using the ``eLibrary'' link. Enter the docket

number excluding the last three digits in the docket number field to
access the document. For assistance, contact FERC Online Support at
<EMAIL_ADDRESS>or call toll-free 1-866-208-3676, or for

TTY, call<PHONE_NUMBER>.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210,
385.211, 385.214. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    o. Filing and Service of Responsive Documents: Any filings must
bear in all capital letters the title ``COMMENTS'', ``RECOMMENDATIONS
FOR TERMS AND CONDITIONS'', ``PROTEST'', or ``MOTION TO INTERVENE'', as
applicable, and the Project Number of the particular application to
which the filing refers. A copy of any motion to intervene must also be
served upon each representative of the Applicant specified in the
particular application.
    p. Agency Comments: Federal, state, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.

Magalie R. Salas,
Secretary.
[FR Doc. E6-10805 Filed 7-10-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: April 9, 2008 (Volume 73, Number 69)]
[Notices]
[Page 19269]
[DOCID:fr09ap08-90]

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SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

Upon written request, copies available from: U.S. Securities and
Exchange Commission, Office of Investor Education and Advocacy,
Washington, DC 20549-0213.

Extension:
    Rule 611, OMB Control No. 3238-0600, SEC File No. 270-540.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget a request for approval of extension of the existing
collection of information provided for in the following rule: Rule 611
(17 CFR 242.611).
    On June 9, 2005, effective August 29, 2005 (see 70 FR 37496, June
29, 2005), the Commission adopted Rule 611 of Regulation NMS under the
Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) to require any
national securities exchange, national securities association,
alternative trading system, exchange market maker, over-the-counter
market maker and any other broker-dealer that executes orders
internally by trading as principal or crossing orders as agent, to
establish, maintain, and enforce policies and procedures reasonably
designed to prevent the execution of a transaction in its market at a
price that is inferior to a bid or offer displayed in another market at
the time of execution (a ``trade-though''), absent an applicable
exception and, if relying on an exception, that are reasonably designed
to assure compliance with the terms of the exception. Without this
collection of information, respondents would not have a means to
enforce compliance with the Commission's intention to prevent trade-
throughs pursuant to the rule.
    There are approximately 788 respondents\1\ per year that will
require an aggregate total of 47,280 hours to comply with this rule.\2\
It is anticipated that each respondent will continue to expend
approximately 60 hours annually: two hours per month of internal legal
time and three hours per month of internal compliance time to ensure
that its written policies and procedures are up-to-date and remain in
compliance with Rule 611. The estimated cost for an in-house attorney
is $295 per hour and the estimated cost for an assistant compliance
director in the securities industry is $301 per hour. Therefore the
estimated total cost of compliance for the annual hour burden is as
follows: [(2 legal hours x 12 months x $295) x 788] + [(3 compliance
hours x 12 months x $301) x 788] = $14,117,808.\3\ There are no longer
start-up costs associated with Rule 611.
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    \1\ This estimate includes nine national securities exchanges
and one national securities association that trade NMS stocks. The
estimate also includes the approximately 731 firms that were
registered equity market makers or specialists at year-end 2006, as
well as automated trading systems that operate trading systems that
trade NMS stocks.
    \2\ Please note that the 60 Day Notice to extend the
effectiveness of Rule 611 stated the annual hour burden as 36,540,
which does not reflect the increase in the number of respondents;
see Securities and Exchange Commission Proposed Collection; Comment
Request, 73 FR 5600 (January 30, 2008). The one-time hour burden
associated with developing the required policies and procedures is
no longer applicable.
    \3\ The total cost of compliance for the annual hour burden has
been revised to reflect updated estimated cost figures for an in-
house attorney and an assistant compliance director. These figures
are from SIFMA's Management & Professional Earnings in the
Securities Industry 2007, adjusted by the SEC staff for an 1800 hour
work year and multiplied by 5.35 to account for bonuses, firm size,
employee benefits and overhead. See Securities Exchange Act Release
No. 50870 (Dec. 16, 2004), 69 FR 77424 (Dec. 27, 2004) at notes 427,
428 and accompanying text.
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    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid control number.
    Comments should be directed to (i) Desk Officer for the Securities
and Exchange Commission, Office of Information and Regulatory Affairs,
Office of Management and Budget, Room 10102, New Executive Office
Building, Washington, DC 20503 or by sending an e-mail to: Alexander--
<EMAIL_ADDRESS>and (ii) R. Corey Booth, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Shirley
Martinson, 6432 General Green Way, Alexandria, VA 22312 or send an e-
mail to<EMAIL_ADDRESS>Comments must be submitted within 30
days of this notice.

    Dated: April 2, 2008.
Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E8-7397 Filed 4-8-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 2 (Tuesday, January 5, 2016)]
[Proposed Rules]
[Pages 194-196]
[FR Doc No: 2015-33167]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket Number USCG-2015-0825]
RIN 1625-AA01

Anchorage Regulations, Delaware River; Philadelphia, PA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend the geographic coordinates
and modify the regulated use of anchorage ``10'' in the Delaware River
in the vicinity of the Navy Yard in Philadelphia, Pennsylvania. The
proposed change would alter the size and use of the anchorage, reducing
the anchorage in size and allowing the anchorage to be used as a
general anchorage in the Delaware River. We invite your comments on
this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before February 4, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2015-0825 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant Brennan Dougherty, U.S.
Coast Guard, Sector Delaware Bay, Chief Waterways Management Division,
Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code
COTP Captain of the Port

II. Background, Purpose, and Legal Basis

    The legal basis for this rule is: 33 U.S.C. 471, 1221 through 1236,
2071; 33 CFR 1.05-1; and Department of Homeland Security Delegation No.
0170.1, which collectively authorize the Coast Guard to define
anchorage grounds.
    On December, 12, 1967, the Coast Guard Fifth District published a
final rule establishing an anchorage area on the Delaware River in
Philadelphia, Pennsylvania in the Federal Register (32 FR 17726,
17749). The anchorage area established is contained in 33 CFR
110.157(a)(11). This proposed rule would change the shape and the
dimensions of anchorage ``10'', and remove the ``restricted naval
anchorage'' verbiage from the regulation. The anchorage currently
remains unused by the Naval Yard. Removing the restrictions on
anchorage ``10'' would alleviate congestion within the port, allowing
the anchorage to be used as a general anchorage for commercial traffic.

III. Discussion of Proposed Rule

    The new anchorage area would encompass all waters of the Delaware
River on the north side of the channel along West Horseshoe Range,
bounded as follows: Beginning off of the southeasterly corner of Pier 1
at 39[deg]53'07'' N., 075[deg]10'30'' W., thence south to the to the
north edge of the channel along West Horseshoe Range to 39[deg]52'58''
N., 075[deg]10'29'' W., thence east along the edge of the channel to
39[deg]52'56'' N., 075[deg]09'53'' W., thence north to 39[deg]53'07''
N., 075[deg]09'54'' W., thence continuing west to the beginning point
at 39[deg]53'07'' N., 075[deg]10'30'' W. Additionally, the restrictions
on the use of the anchorage will be removed, permitting all vessels to
anchor within its bounds. The regulatory text we are proposing appears
at the end of this document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and executive orders (E.O.s) related to rulemaking. Below we summarize
our analyses based on a number of these

statutes and E.O.s, and we discuss First Amendment rights of
protestors.

A. Regulatory Planning and Review

    E.O.s 12866 and 13563 direct agencies to assess the costs and
benefits of available regulatory alternatives and, if regulation is
necessary, to select regulatory approaches that maximize net benefits.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This NPRM has not been designated a ``significant
regulatory action,'' under E.O. 12866. Accordingly, the NPRM has not
been reviewed by the Office of Management and Budget.
    This proposed rule is not a significant regulatory action because
it will not interfere with existing maritime activity on the Delaware
River. Moreover, it is enhancing navigational safety along the Delaware
River by providing an additional anchorage for commercial and
recreational vessels. The proposed anchorage maintains the same
parallel distance along the channel boundaries as the existing
anchorage. The impacts to navigational safety are expected to be
minimal because the proposed anchorage area would not unnecessarily
restrict traffic, as it is located outside of the established
navigation channel. Vessels may navigate in, around, and through the
proposed anchorage.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    For the reasons stated in paragraph IV.A, this proposed rule would
not have a significant economic impact on a substantial number of small
entities. If you think that your business, organization, or
governmental jurisdiction qualifies as a small entity and that this
rule would have a significant economic impact on it, please submit a
comment (see ADDRESSES) explaining why you think it qualifies and how
and to what degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under E.O. 13132,
Federalism, if it has 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. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in E.O. 13132.
    Also, this proposed rule does not have tribal implications under
E.O. 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section above.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this proposed 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 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves the
alteration of the size and use of anchorage ``10,'' restricted Naval
Anchorage. It is categorically excluded from further review under
paragraph 34(f) of Figure 2-1 of Commandant Instruction M16475.lD. A
preliminary environmental analysis checklist supporting this
determination and a Categorical Exclusion Determination are available
in the docket where indicated under ADDRESSES. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions. Documents mentioned in this NPRM, and all public
comments, will be in our online docket at http://www.regulations.gov
and can be viewed by following that Web site's

instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).

List of Subjects in 33 CFR Part 110

    Anchorage grounds.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 110 as follows:

PART 11--ANCHORAGE REGULATIONS

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

    Authority: 33 U.S.C. 471, 1221 through 1236, 2071; 33 CFR 1.05-
1; Department of Homeland Security Delegation No. 0170.1.

0
2. In Sec.  110.157, revise paragraph (a)(11) to read as follows:

Sec.  110.157  Delaware Bay and River.

    (a) * * *
    (11) Anchorage 10 at Naval Base, Philadelphia. On the north side of
the channel along West Horseshoe Range, bounded as follows: Beginning
off of the southeasterly corner of Pier 1 at 39[deg]53'07'' N.,
075[deg]10'30'' W., thence south to the to the north edge of the
channel along West Horseshoe Range to 39[deg]52'58'' N.,
075[deg]10'29'' W., thence east along the edge of the channel to
39[deg]52'56'' N., 075[deg]09'53'' W., thence north to 39[deg]53'07''
N., 075[deg]09'54'' W., thence continuing west to the beginning point
at 39[deg]53'07'' N., 075[deg]10'30'' W.
* * * * *

    Dated: December 17, 2015.
Stephen P. Metruck,
Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2015-33167 Filed 1-4-16; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 145 (Monday, July 29, 2013)]
[Notices]
[Pages 45548-45549]
[FR Doc No: 2013-18129]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4125-DR; Docket ID FEMA-2013-0001]

South Dakota; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of South Dakota (FEMA-4125-DR), dated June 28,
2013, and related determinations.
    DATES: Effective Date: June 28, 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: Notice is hereby given that, in a letter
dated June 28, 2013, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the damage in certain areas of the State
of South Dakota resulting from severe storms, tornado, and flooding
during the period of May 24-31, 2013, is of sufficient severity and
magnitude to warrant a major disaster declaration under the Robert
T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C.
5121 et seq. (the ``Stafford Act''). Therefore, I declare that such
a major disaster exists in the State of South Dakota.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated areas and Hazard Mitigation throughout the State.
Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Hazard Mitigation will be limited to 75 percent of the total
eligible costs. Federal funds provided under the Stafford Act for
Public Assistance also will be limited to 75 percent of the total
eligible costs, with the exception of projects that meet the
eligibility criteria for a higher Federal cost-sharing percentage
under the Public Assistance Alternative Procedures Pilot Program for
Debris Removal implemented pursuant to Section 428 of the Stafford
Act.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Gary R. Stanley, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of South Dakota have been
designated as adversely affected by this major disaster:

    Bennett, Corson, Lawrence, Lincoln, and Union Counties and the
Pine Ridge Indian Reservation within Bennett County for Public
Assistance.
    All counties and Indian Tribes in the State of South Dakota are
eligible to apply for assistance under the Hazard Mitigation Grant
Program.

    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. 2013-18129 Filed 7-26-13; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 77, Number 10 (Tuesday, January 17, 2012)]
[Notices]
[Page 2287]
[FR Doc No: 2012-690]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project Nos. 12921-002 and 14076-000]

FFP Project 32, LLC and Northland Power Mississippi River LLC;
Notice Announcing Preliminary Permit Drawing

    The Commission has received two preliminary permit applications
deemed filed on February 1, 2011, at 8:30 a.m.,\1\ for proposed
projects to be located on the Mississippi River, in Tensas Parish,
Louisiana, and Jefferson County Mississippi. The applications were
filed by FFP Project 32, LLC for Project No. 12921-002, and Northland
Power Mississippi River LLC for Project No. 14076-000.
---------------------------------------------------------------------------

    \1\ Under the Commission's Rules of Practice and Procedure, any
document received after regular business hours is considered filed
at 8:30 a.m. on the next regular business day. 18 CFR 385.2001(a)(2)
(2011).
---------------------------------------------------------------------------

    On January 17, 2012, at 9 a.m. (eastern time), the Secretary of the
Commission, or her designee, will conduct a random drawing to determine
the filing priority of the applicants identified in this notice. The
Commission will select among competing permit applications as provided
in section 4.37 of its regulations.\2\ The priority established by this
drawing will be used to determine which applicant, among those with
identical filing times, will be considered to have the first-filed
application.
---------------------------------------------------------------------------

    \2\ 18 CFR 4.37 (2011).
---------------------------------------------------------------------------

    The drawing is open to the public and will be held in room 2C, the
Commission Meeting Room, located at 888 First St. NE., Washington, DC
20426. A subsequent notice will be issued by the Secretary announcing
the results of the drawing.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-690 Filed 1-13-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 53 (Tuesday, March 21, 2017)]
[Rules and Regulations]
[Page 14476]
[FR Doc No: 2017-05509]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 270

[Docket No. FRA-2011-0060, Notice No. 5]
RIN 2130-AC31

System Safety Program

AGENCY: Federal Railroad Administration (FRA), Department of
Transportation.

ACTION: Final rule; stay of regulations.

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

SUMMARY: On August 12, 2016, FRA published a final rule requiring
commuter and intercity passenger railroads to develop and implement a
system safety program (SSP) to improve the safety of their operations.
On February 10, 2017, FRA stayed the SSP final rule's requirements
until March 21, 2017. This document extends that stay until May 22,
2017.

DATES: Effective March 20, 2017, 49 CFR part 270 is stayed until May
22, 2017.

FOR FURTHER INFORMATION CONTACT: Matthew Navarrete, Trial Attorney,
U.S. Department of Transportation, Federal Railroad Administration,
Office of Chief Counsel; telephone:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On August 12, 2016, FRA published a final
rule requiring commuter and intercity passenger railroads to develop
and implement an SSP to improve the safety of their operations. See 81
FR 53850. On February 10, 2017, FRA stayed the SSP final rule's
requirements until March 21, 2017 consistent with the new
Administration's guidance issued January 20, 2017, intended to provide
the Administration an adequate opportunity to review new and pending
regulations. 82 FR 10443, Feb. 13, 2017. To provide time for that
review, FRA needs to extend the stay until May 22, 2017.
    FRA's implementation of this action without opportunity for public
comment is based on the good cause exceptions in 5 U.S.C. 553(b)(B) and
553(d)(3), in that seeking public comment is impracticable, unnecessary
and contrary to the public interest. The delay in the effective date
until May 22, 2017, is necessary to provide the opportunity for further
review and consideration of this new regulation, consistent with the
new Administration's January 20, 2017 guidance. Given the imminence of
the effective date of the ``System Safety Program'' final rule, seeking
prior public comment on this temporary delay would be impractical, as
well as contrary to the public interest in the orderly promulgation and
implementation of regulations.

    Authority:  49 U.S.C. 20103, 20106-20107, 20118-20119, 20156,
21301, 21304, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89.

    Issued in Washington, DC, on March 15, 2017.
Robert C. Lauby,
Associate Administrator for Railroad Safety and Chief Safety Officer.
[FR Doc. 2017-05509 Filed 3-20-17; 8:45 am]
 BILLING CODE 4910-06-P


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

General Comment: Dear Mr. Zeller: My Name is William Joyner,I am  a 42 year old American male I lost my dad November 30 2013
due to both  esophigial cancer  and idiopathic pulminary fibrosis,broght on by a long life of smoking he was 65 years old and also an air force airman in vietnam I am urging you to think strongly about the
positives of "Vaping" / E- Cigarettes as I have been a two and a half pack a day smoker for 20 plus years and
"Vaping is the only thing that has helped me quit and stay that way!THIS is an alternative
way for people to get their Nicotine  for those that patches gum and  pills that cause depression/suicide and hypnosis
just don't work for! I am begging you to let me and others prolong their lives by doing what works for them!I would love
to see tobacco cigarettes get the same treament as heroin being  that drug seems to be easier to quit that cigarettes
thank you for taking the time to read this and LET ME LIVE AS LONG AS I CAN!!
my personal email addres is<EMAIL_ADDRESS>PLEASE PLEASE feel free to contact me anytime with
any and all questions you may have concerning my story/"Vaping"

I am writing as an individual consumer to request an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control 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 devote to researching and providing thoughtful comments on these important questions is limited. I have already spent many hours researching and dissecting these issues, but they take time. I know that 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 very strongly about e-cigarettes as an alternative to combustible cigarettes. Quite simply, I firmly believe that they saved my life. I wish to provide you with my personal story, 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 happy to discuss this issue with you further.


[Federal Register Volume 77, Number 12 (Thursday, January 19, 2012)]
[Rules and Regulations]
[Pages 2650-2653]
[FR Doc No: 2012-900]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-8211]

Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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SUMMARY: This rule identifies communities where the sale of flood
insurance has been authorized under the National Flood Insurance
Program (NFIP) that are scheduled for suspension on the effective dates
listed within this rule because of noncompliance with the floodplain
management requirements of the program. If the Federal Emergency
Management Agency (FEMA) receives documentation that the community has
adopted the required floodplain management measures prior to the
effective suspension date given in this rule, the suspension will not
occur and a notice of this will be provided by publication in the
Federal Register on a subsequent date.

DATES: Effective Dates: The effective date of each community's
scheduled suspension is the third date (``Susp.'') listed in the third
column of the following tables.

FOR FURTHER INFORMATION CONTACT: If you want to determine whether a
particular community was suspended on the suspension date or for
further information, contact David Stearrett, Mitigation Directorate,
Federal Emergency Management Agency, 500 C Street SW., Washington, DC
20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase
Federal flood insurance that is not otherwise generally available from
private insurers. In return, communities agree to adopt and administer
local floodplain management aimed at protecting lives and new
construction from future flooding. Section 1315 of the National Flood
Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits the sale
of NFIP flood insurance unless an appropriate public body adopts
adequate floodplain management measures with effective enforcement
measures. The communities listed in this document no longer meet that
statutory requirement for compliance with program regulations, 44 CFR
part 59. Accordingly, the communities will be suspended on the
effective date in the third column. As of that date, flood insurance
will no longer be available in the community. We recognize that some of
these communities may adopt and submit the required documentation of
legally enforceable floodplain management measures after this rule is
published but prior to the actual suspension date. These communities
will not be suspended and will continue their eligibility for the sale
of insurance. A notice withdrawing the suspension of the communities
will be published in the Federal Register.
    In addition, FEMA publishes a Flood Insurance Rate Map (FIRM) that
identifies the Special Flood Hazard Areas (SFHAs) in these communities.
The date of the FIRM, if one has been published, is indicated in the
fourth column of the table. No direct Federal financial assistance
(except assistance pursuant to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act not in connection with a flood) may be
provided for construction or acquisition of buildings in identified
SFHAs for communities not participating in the NFIP and identified for
more than a year on FEMA's initial FIRM for the community as having
flood-prone areas (section 202(a) of the Flood Disaster Protection Act
of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against
certain types of Federal assistance becomes effective for the
communities listed on the date shown in the last column. The
Administrator finds that notice and public comment under 5 U.S.C.
553(b) are impracticable and unnecessary because communities listed in
this final rule have been adequately notified.
    Each community receives 6-month, 90-day, and 30-day notification
letters addressed to the Chief Executive Officer stating that the
community will be suspended unless the required floodplain management
measures are met prior to the effective suspension date. Since these
notifications were made, this final rule may take effect within less
than 30 days.
    National Environmental Policy Act. This rule is categorically
excluded from the requirements of 44 CFR part 10, Environmental
Considerations. No environmental impact assessment has been prepared.
    Regulatory Flexibility Act. The Administrator has determined that
this rule is exempt from the requirements of the Regulatory Flexibility
Act because the National Flood Insurance Act of 1968, as amended, 42
U.S.C. 4022, prohibits flood insurance coverage unless an appropriate
public body adopts adequate floodplain management measures with
effective enforcement measures. The communities listed no longer comply
with the statutory requirements, and after the effective date, flood
insurance will no longer be available in the communities unless
remedial action takes place.
    Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This rule involves no policies
that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This rule meets the
applicable standards of Executive Order 12988.
    Paperwork Reduction Act. This rule does not involve any collection
of information for purposes of the Paperwork Reduction Act, 44 U.S.C.
3501 et seq.

List of Subjects in 44 CFR Part 64

    Flood insurance, Floodplains.

    Accordingly, 44 CFR part 64 is amended as follows:

PART 64--[AMENDED]

0
1. The authority citation for part 64 continues to read as follows:

    Authority:  42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp.; p. 376.

Sec.  64.6  [Amended]

0
2. The tables published under the authority of Sec.  64.6 are amended
as follows:

----------------------------------------------------------------------------------------------------------------
                                                 Effective date
                                                 authorization/
                                   Community    cancellation of    Current effective map   Date certain Federal
       State and location             No.        sale of flood             date            assistance no longer
                                                  insurance in                              available in SFHAs
                                                   community
----------------------------------------------------------------------------------------------------------------
           Region III

West Virginia:
    Addison, Town of, Webster          540204  May 13, 1975,      Jan. 6, 2012..........  Jan. 6, 2012.
     County.                                    Emerg; February
                                                16, 1990, Reg;
                                                January 6, 2012,
                                                Susp.
    Camden-On-Gauley, Town of,         540205  August 6, 1975,    ......do..............   Do.
     Webster County.                            Emerg; August
                                                24, 1984, Reg;
                                                January 6, 2012,
                                                Susp.
    Cowen, Town of, Webster            540206  August 18, 1975,   ......do..............   Do.
     County.                                    Emerg; August
                                                24, 1984, Reg;
                                                January 6, 2012,
                                                Susp.
    Webster County,                    540203  December 2, 1975,  ......do..............   Do.
     Unincorporated Areas.                      Emerg; February
                                                16, 1990, Reg;
                                                January 6, 2012,
                                                Susp.
           Region IV

Mississippi:
    Greene County,                     280271  July 9, 1976,      ......do..............   Do.
     Unincorporated Areas.                      Emerg; September
                                                18, 1985, Reg;
                                                January 6, 2012,
                                                Susp.
    Leakesville, Town of,              280057  March 23, 1976,    ......do..............   Do.
     Greene County.                             Emerg; September
                                                30, 1988, Reg;
                                                January 6, 2012,
                                                Susp.
    McLain, Town of, Greene            280058  November 12,       ......do..............   Do.
     County.                                    1974, Emerg;
                                                December 1,
                                                1983, Reg;
                                                January 6, 2012,
                                                Susp.
Tennessee:
    Jasper, Town of, Marion            475429  July 30, 1971,     ......do..............   Do.
     County.                                    Emerg; February
                                                26, 1972, Reg;
                                                January 6, 2012,
                                                Susp.
    Kimball, Town of, Marion           470116  July 1, 1975,      ......do..............   Do.
     County.                                    Emerg; May 19,
                                                1987, Reg;
                                                January 6, 2012,
                                                Susp.
    Marion County,                     470114  October 23, 1973,  ......do..............   Do.
     Unincorporated Areas.                      Emerg; May 15,
                                                1980, Reg;
                                                January 6, 2012,
                                                Susp.
    New Hope, Town of, Marion          470377  October 5, 1981,   ......do..............   Do.
     County.                                    Emerg; September
                                                27, 1985, Reg;
                                                January 6, 2012,
                                                Susp.
    Powells Crossroads, Town           470456  N/A, Emerg; May    ......do..............   Do.
     of, Marion County.                         7, 2009, Reg;
                                                January 6, 2012,
                                                Susp.
    South Pittsburg, City of,          475447  July 9, 1971,      ......do..............   Do.
     Marion County.                             Emerg; April 14,
                                                1972, Reg;
                                                January 6, 2012,
                                                Susp.
    Whitwell, City of, Marion          470118  N/A, Emerg; July   ......do..............   Do.
     County.                                    10, 2009, Reg;
                                                January 6, 2012,
                                                Susp.
            Region V

Illinois:
    Bath, Village of, Mason            170464  April 4, 1979,     ......do..............   Do.
     County.                                    Emerg; January
                                                5, 1984, Reg;
                                                January 6, 2012,
                                                Susp.
    Havana, City of, Mason             170465  July 23, 1981,     ......do..............   Do.
     County.                                    Emerg; July 23,
                                                1981, Reg;
                                                January 6, 2012,
                                                Susp.
    Mason City, City of, Mason         170466  December 12,       ......do..............   Do.
     County.                                    1975, Emerg;
                                                July 18, 1985,
                                                Reg; January 6,
                                                2012, Susp.
    Mason County,                      170463  January 19, 1977,  ......do..............   Do.
     Unincorporated Areas.                      Emerg; February
                                                1, 1984, Reg;
                                                January 6, 2012,
                                                Susp.
Michigan:
    Alabaster, Township of,            260249  November 20,       ......do..............   Do.
     Iosco County.                              1973, Emerg;
                                                February 19,
                                                1987, Reg;
                                                January 6, 2012,
                                                Susp.
    Au Sable, Township of,             260098  May 25, 1973,      ......do..............   Do.
     Iosco County.                              Emerg; January
                                                6, 1988, Reg;
                                                January 6, 2012,
                                                Susp.
    East Tawas, City of, Iosco         260100  May 1, 1973,       ......do..............   Do.
     County.                                    Emerg; September
                                                30, 1977, Reg;
                                                January 6, 2012,
                                                Susp.
    Oscoda, Township of, Iosco         260101  May 15, 1973,      ......do..............   Do.
     County.                                    Emerg; September
                                                1, 1978, Reg;
                                                January 6, 2012,
                                                Susp.
    Tawas City, City of, Iosco         260102  July 23, 1973,     ......do..............   Do.
     County.                                    Emerg; February
                                                15, 1978, Reg;
                                                January 6, 2012,
                                                Susp.
    Croswell, City of, Sanilac         260515  October 13, 1976,  ......do..............   Do.
     County.                                    Emerg; August
                                                19, 1986, Reg;
                                                January 6, 2012,
                                                Susp.
    Delaware, Township of,             260756  April 7, 1986,     ......do..............   Do.
     Sanilac County.                            Emerg; December
                                                18, 1986, Reg;
                                                January 6, 2012,
                                                Susp.
    Forester, Township of,             260771  August 4, 1986,    ......do..............   Do.
     Sanilac County.                            Emerg; September
                                                18, 1987, Reg;
                                                January 6, 2012,
                                                Susp.
    Lexington, Township of,            260718  March 4, 1980,     ......do..............   Do.
     Sanilac County.                            Emerg; January
                                                15, 1988, Reg;
                                                January 6, 2012,
                                                Susp.
    Port Sanilac, Village of,          260779  September 26,      ......do..............   Do.
     Sanilac County.                            1986, Emerg;
                                                April 15, 1988,
                                                Reg; January 6,
                                                2012, Susp.
    Sanilac, Township of,              260791  January 20, 1987,  ......do..............   Do.
     Sanilac County.                            Emerg; September
                                                18, 1987, Reg;
                                                January 6, 2012,
                                                Susp.
    Worth, Township of, Sanilac        260296  June 7, 1974,      ......do..............   Do.
     County.                                    Emerg; June 1,
                                                1987, Reg;
                                                January 6, 2012,
                                                Susp.
Ohio:

    Bremen, Village of,                390160  July 22, 1975,     ......do..............   Do.
     Fairfield County.                          Emerg; September
                                                2, 1982, Reg;
                                                January 6, 2012,
                                                Susp.
    Buckeye Lake, Village of,          390882  April 26, 1983,    ......do..............   Do.
     Fairfield County.                          Emerg; August
                                                15, 1984, Reg;
                                                January 6, 2012,
                                                Susp.
    Lancaster, City of,                390161  July 28, 1975,     ......do..............   Do.
     Fairfield County.                          Emerg; May 1,
                                                1980, Reg;
                                                January 6, 2012,
                                                Susp.
    Millersport, Village of,           390689  May 8, 1990,       ......do..............   Do.
     Fairfield County.                          Emerg; February
                                                1, 1991, Reg;
                                                January 6, 2012,
                                                Susp.
    Pickerington, City of,             390162  June 11, 1976,     ......do..............   Do.
     Fairfield County.                          Emerg; August 5,
                                                1991, Reg;
                                                January 6, 2012,
                                                Susp.
    Sugar Grove, Village of,           390163  June 25, 1975,     ......do..............   Do.
     Fairfield County.                          Emerg; September
                                                2, 1982, Reg;
                                                January 6, 2012,
                                                Susp.
    Thurston, Village of,              390690  October 1, 1976,   ......do..............   Do.
     Fairfield County.                          Emerg; November
                                                23, 1984, Reg;
                                                January 6, 2012,
                                                Susp.
Wisconsin:
    Bangor, Village of, La             550218  January 20, 1975,  ......do..............   Do.
     Crosse County.                             Emerg; January
                                                2, 1981, Reg;
                                                January 6, 2012,
                                                Susp.
    Holmen, Village of, La             550219  June 27, 1975,     ......do..............   Do.
     Crosse County.                             Emerg; April 20,
                                                1979, Reg;
                                                January 6, 2012,
                                                Susp.
    La Crosse, City of, La             555562  December 4, 1970,  ......do..............   Do.
     Crosse County.                             Emerg; January
                                                15, 1971, Reg;
                                                January 6, 2012,
                                                Susp.
    La Crosse County,                  550217  March 26, 1971,    ......do..............   Do.
     Unincorporated Areas.                      Emerg; March 15,
                                                1984, Reg;
                                                January 6, 2012,
                                                Susp.
    Onalaska, City of, La              550221  July 3, 1975,      ......do..............   Do.
     Crosse County.                             Emerg; September
                                                16, 1981, Reg;
                                                January 6, 2012,
                                                Susp.
    Rockland, Village of, La           550222  N/A, Emerg; March  ......do..............   Do.
     Crosse County.                             9, 2010, Reg;
                                                January 6, 2012,
                                                Susp.
    West Salem, Village of, La         550560  April 17, 1986,    ......do..............   Do.
     Crosse County.                             Emerg; April 17,
                                                1986, Reg;
                                                January 6, 2012,
                                                Susp.
           Region VI

Texas:
    Caddo Mills, City of, Hunt         480364  N/A, Emerg; March  ......do..............   Do.
     County.                                    6, 2008, Reg;
                                                January 6, 2012,
                                                Susp.
    Celeste, City of, Hunt             480365  February 11,       ......do..............   Do.
     County.                                    1985, Emerg;
                                                September 1,
                                                1987, Reg;
                                                January 6, 2012,
                                                Susp.
    Commerce, City of, Hunt            480366  April 10, 1975,    ......do..............   Do.
     County.                                    Emerg; March 2,
                                                1981, Reg;
                                                January 6, 2012,
                                                Susp.
    Greenville, City of, Hunt          485473  December 31,       ......do..............   Do.
     County.                                    1970, Emerg;
                                                August 13, 1971,
                                                Reg; January 6,
                                                2012, Susp.
    Josephine, City of, Hunt           480756  N/A, Emerg;        ......do..............   Do.
     County.                                    December 15,
                                                1995, Reg;
                                                January 6, 2012,
                                                Susp.
    Royse City, City of, Hunt          480548  July 3, 1975,      ......do..............   Do.
     County.                                    Emerg; July 16,
                                                1980, Reg;
                                                January 6, 2012,
                                                Susp.
    Tuscola, Town of, Taylor           481017  October 30, 1979,  ......do..............   Do.
     County.                                    Emerg; November
                                                1, 1989, Reg;
                                                January 6, 2012,
                                                Susp.
    Union Valley, City of, Hunt        480246  N/A, Emerg; April  ......do..............   Do.
     County.                                    1, 2010, Reg;
                                                January 6, 2012,
                                                Susp.
           Region VII

Nebraska:
    Arlington, Village of,             310227  June 11, 1975,     ......do..............   Do.
     Washington County.                         Emerg; January
                                                16, 1981, Reg;
                                                January 6, 2012,
                                                Susp.
    Blair, City of, Washington         310228  September 17,      ......do..............   Do.
     County.                                    1974, Emerg;
                                                July 16, 1981,
                                                Reg; January 6,
                                                2012, Susp.
    Dakota City, City of,              310053  December 17,       ......do..............   Do.
     Dakota County.                             1974, Emerg;
                                                September 16,
                                                1981, Reg;
                                                January 6, 2012,
                                                Susp.
    Dakota County,                     310429  August 18, 1975,   ......do..............   Do.
     Unincorporated Areas.                      Emerg; April 15,
                                                1982, Reg;
                                                January 6, 2012,
                                                Susp.
    Fort Calhoun, City of,             310368  September 10,      ......do..............   Do.
     Washington County.                         1976, Emerg;
                                                December 1,
                                                1983, Reg;
                                                January 6, 2012,
                                                Susp.
    Herman, Village of,                310229  January 10, 1975,  ......do..............   Do.
     Washington County.                         Emerg; March 18,
                                                1985, Reg;
                                                January 6, 2012,
                                                Susp.
    Homer, Village of, Dakota          310241  March 26, 1975,    ......do..............   Do.
     County.                                    Emerg; April 3,
                                                1984, Reg;
                                                January 6, 2012,
                                                Susp.
    Jackson, Village of, Dakota        310292  May 6, 1977,       ......do..............   Do.
     County.                                    Emerg; September
                                                4, 1987, Reg;
                                                January 6, 2012,
                                                Susp.
    Kennard, Village of,               310230  March 26, 1975,    ......do..............   Do.
     Washington County.                         Emerg; September
                                                18, 1985, Reg;
                                                January 6, 2012,
                                                Susp.
    Washington, Village of,            315496  April 4, 1986,     ......do..............   Do.
     Washington County.                         Emerg; September
                                                14, 1990, Reg;
                                                January 6, 2012,
                                                Susp.

    Washington County,                 310483  September 4,       ......do..............   Do.
     Unincorporated Areas.                      1975, Emerg;
                                                February 4,
                                                1981, Reg;
                                                January 6, 2012,
                                                Susp.
          Region VIII

Colorado:
    Canon City, City of,               080068  May 28, 1974,      ......do..............   Do.
     Fremont County.                            Emerg; November
                                                3, 1982, Reg;
                                                January 6, 2012,
                                                Susp.
    Coal Creek, Town of,               080210  N/A, Emerg;        ......do..............   Do.
     Fremont County.                            February 4,
                                                2011, Reg;
                                                January 6, 2012,
                                                Susp.
    Florence, City of, Fremont         080070  June 25, 1975,     ......do..............   Do.
     County.                                    Emerg; December
                                                4, 1984, Reg;
                                                January 6, 2012,
                                                Susp.
    Fremont County,                    080067  June 25, 1975,     ......do..............   Do.
     Unincorporated Areas.                      Emerg; September
                                                29, 1989, Reg;
                                                January 6, 2012,
                                                Susp.
    Montrose, City of, Montrose        080125  January 31, 1975,  ......do..............   Do.
     County.                                    Emerg; March 1,
                                                1984, Reg;
                                                January 6, 2012,
                                                Susp.
    Montrose County,                   080124  May 23, 1975,      ......do..............   Do.
     Unincorporated Areas.                      Emerg; February
                                                15, 1984, Reg;
                                                January 6, 2012,
                                                Susp.
    Naturita, Town of, Montrose        080126  June 18, 1975,     ......do..............   Do.
     County.                                    Emerg; January
                                                6, 1982, Reg;
                                                January 6, 2012,
                                                Susp.
    Olathe, Town of, Montrose          080128  June 5, 1975,      ......do..............   Do.
     County.                                    Emerg; September
                                                16, 1982, Reg;
                                                January 6, 2012,
                                                Susp.
    Rockvale, Town of, Fremont         080221  September 21,      ......do..............   Do.
     County.                                    1979, Emerg;
                                                October 15,
                                                1985, Reg;
                                                January 6, 2012,
                                                Susp.
Montana:
    Butte-Silver Bow County,           300077  September 17,      ......do..............   Do.
     All Jurisdictions.                         1974, Emerg;
                                                September 28,
                                                1979, Reg;
                                                January 6, 2012,
                                                Susp.
South Dakota:
    Belle Fourche, City of,            460012  May 3, 1973,       ......do..............   Do.
     Butte County.                              Emerg; June 1,
                                                1977, Reg;
                                                January 6, 2012,
                                                Susp.
    Butte County,                      460236  November 24,       ......do..............   Do.
     Unincorporated Areas.                      1998, Emerg; N/
                                                A, Reg; January
                                                6, 2012, Susp.
    Custer, City of, Custer            460019  April 11, 1973,    ......do..............   Do.
     County.                                    Emerg; January
                                                2, 1981, Reg;
                                                January 6, 2012,
                                                Susp.
    Custer County,                     460018  October 28, 1977,  ......do..............   Do.
     Unincorporated Areas.                      Emerg; September
                                                29, 1986, Reg;
                                                January 6, 2012,
                                                Susp.
    Hermosa, Town of, Custer           460230  July 24, 2003,     ......do..............   Do.
     County.                                    Emerg; August 1,
                                                2006, Reg;
                                                January 6, 2012,
                                                Susp.
    Woonsocket, City of,               460075  May 28, 1975,      ......do..............   Do.
     Sanborn County.                            Emerg; November
                                                15, 1985, Reg;
                                                January 6, 2012,
                                                Susp.
----------------------------------------------------------------------------------------------------------------
*do- = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp--Suspension.

    Dated: December 9, 2011.
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation
Administration, Department of Homeland Security, Federal Emergency
Management Agency.
[FR Doc. 2012-900 Filed 1-18-12; 8:45 am]
BILLING CODE 9110-12-P