Reader’s Guide Mefluidide

CRM: Wilhelmena Livingston

EPA/OPPTS/OPP/SRRD

Reader’s Guide to Mefluidide Docket # EPA-HQ-OPP-2007-0431

Publication Date: June 20, 2007

	EPA has created this document to provide an organizational structure to
the Mefluidide Docket for Public Comments.  The docket index groups
related documents.  The first group contains the Federal Register and
Docket Organizational Documents; the second group contains the Human
Health Risk Assessment for Phase 3 Public Comments, the third group
contains the Environmental Risk Assessment documents for Phase 3 Public
Comments.  The Agency is providing the “Reader’s Guide” to allow
the reader to more easily access and navigate the various items
contained in the Mefluidide docket.

Federal Register and Docket Organizational Documents:

Docket Item 1.	Federal Register Notice:  Mefluidide Risk Assessments;
Notice of 				Availability (Phase 3 of 4-Phase Process)

This notice announces that the risk assessments are available for the
public review and comment.

Docket Item 2.	Reader’s Guide to the Mefluidide Docket #
EPA-HQ-OPP-2007-				0431

The reader’s guide is designed to give a brief description of all the
mefluidide documents in the mefluidide docket.

Use Profile:

Docket Item 3.	Mefluidide Use Closure Memo

This document clarifies mefludide uses for the Reregistration
Eligibility Decision (RED) risk assessment.

Attachment to the Use Closure Memo:

Docket Item 4.	Table A3. Non-Food/Non-Feed Use Patterns Summary for
Mefluidide (Case 2370)

Docket Item 5.	Table A3. Non-Food-Feed Use Patterns Summary for
Mefluidide, 				diethanolamine salt (CASE 2370)

Docket Item 6.	Table A3. Non-Food/Non-Feed Use Patterns Summary for
Potassium mefluidide (CASE 2370)

Docket Item 7.	Table A3. Non-Food/Non-Feed Use Patterns Summary for
Mefluidide, diethanolamine salt by Acid Equivalent 					(CASE 2370)

Human Health Risk Assessment Documents for Phase 3 Public Comments:

Docket Item 8.	Mefluidide; Diethanolamine Mefluidide, and Potassium
Mefluidide- Phase 2, (30-Day Error only Correction), HED 					Chapter of
the Re-registration Eligibility Decision Document 				(RED).

			(May 30, 2007)

This document describes all the human health risk from the use of
mefluidide.

Docket Item 9.	Mefluidide - Toxicology Section for the Reregistration
Eligibility 				Decision Document (RED)

			(January 31, 2007)

This document reports the review of the Hazard Identification Assessment
Risk Committee with regards to the acute and chronic reference doses and
the toxicological endpoint selection for use as appropriate in the
occupational/residential exposure risk assessment.

Docket Item 10.	Mefluidide – Occupational and Residential Exposure and
Risk 				Assessment for the Reregistration Eligibility Decision (RED)

			(February 28, 2007)

This document describes the occupational and residential exposure and
risk assessment for the Mefluidide RED.

Appendices for the Occupational and Residential Exposure and Risk
Assessment for the Reregistration Eligibility Decision (RED)

Docket Item 11.	Appendix A 1-3 Standard Formulas Used for Calculating
		Occupational and Residential Exposures to Mefluidide; 					Ocupational
Handler Exposure Data and;Risk Calculations for 				Mefluidide;
Residential Handler Exposure Data and Risk 					Calculations for
Mefluidide

Docket Item 12.	Appendix B – Mefluidide Occupational Handler Risks

Docket Item 13.	Appendix C – Residential Handler Risks

Docket Item 14.	Appendix D – Residential Turf Post Application Risk
		Assessment for Melfuidide

Docket Item 15.	Mefluidide Incident Report

			(July 25, 2006)

This document reports the poisoning incident data on the active
ingredient mefluidide.

Environmental Fate and Effects Documents Phase 3 Public Comments:

Docket Item 16.	Error Corrections First Phase for Reregistration of
Mefluidide 				acid, Mefluidide-DEA and Mefluidide-K

			(June 7, 2007)

This is the transmittal memo for the Environmental Fate and Effects
Division (EFED) revised environmental risk assessment for Phase 1 error
corrections only.

Docket Item 17.	Re-registration Eligibility Document Environmental Fate
and 				Effects Science Chapter

			(June 7, 2007)

This document describes the ecological effects of mefluidide.

Docket Item 18.	Drinking Water Assessment for N-[2,4-dimethyl-5-
[[(trifluoromethyl)sulfonyl]amino]phenyl]acetamide 					(Mefluidide),
N-{2,4-dimentyl-5-
]]trifluoromethyl)sulfonyl]amino]phenyl’acetamide 						monopotassium
salt (Potassium Mefluidide), and N-[2,4-					dimethyl-

			5[[(trifluoromethyl)salfonyl]amino]phenyl]actamide

			Compound with 2,2-iminobsi[ethanol] (1:1)

			(May 9, 2007)

This document represents the Agency’s current drinking water
assessment for Mefluidide.


[Federal Register: September 23, 2010 (Volume 75, Number 184)]
[Rules and Regulations]
[Page 57857-57859]
[DOCID:fr23se10-9]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0705]
RIN 1625-AA00

Safety Zone; Blue Angels at Kaneohe Bay Air Show, Oahu, HI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing two temporary safety zones
while the U.S. Navy Blue Angels Squadron conducts aerobatic
performances over Kaneohe Bay, Oahu, Hawaii. These safety zones are
necessary to protect watercraft and the general public from hazards
associated with the U.S. Navy Blue Angels aircraft low flying, high
powered jet aerobatics over open waters.

DATES: This rule is effective from 9 a.m. on September 24, 2010,
through 7 p.m. on September 26, 2010.

ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2010-0705 and are available online by going to
http://www.regulations.gov, inserting USCG-2010-0705 in the ``Keyword''
box, and then clicking ``Search.'' This material is also available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail Lieutenant Commander Marcella Granquist,
Waterways Management Division, U.S. Coast Guard Sector Honolulu,
telephone<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>If you
have questions on viewing the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On August 18, 2010, we published a notice of proposed rulemaking
(NPRM) entitled: Safety Zone; Blue Angels at Kaneohe Bay Air Show,
Oahu, HI in the Federal Register (75 FR 159). We received no comments
on the proposed rule. No public meeting was requested, and none was
held.
    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 because the duration to complete
meetings with local stakeholders, required before a safety zone could
be designated, did not afford the time needed before the rulemaking
process could be completed to protect watercraft and the general public
from hazards associated with the U.S. Navy Blue Angels aerial
aerobatics.

Basis and Purpose

    On July 20, 2010, Kaneohe Bay Air Show 2010 coordinators informed
the U.S. Coast Guard of a State of Hawaii approved Air Show plan that
include an aerial performance ``show box'' extending beyond the Kaneohe
Bay Naval Defensive Sea Area (NDSA) as established by Executive Order
No. 8681 of February 14, 1941. Within this ``show box'', the U.S. Navy
Blue Angels Squadron will conduct aerobatic performances, exhibiting
their aircraft's maximum performance capabilities, over Kaneohe Bay,
Oahu, Hawaii during a 3-day period. Taking into account the hazards
associated within this ``show box'' during the Squadron's high powered,
multiple jet aircraft performances, and that Kaneohe Bay normally
experiences heavy waterway traffic during weekends, two safety zones
for the portions of the ``show box'' that extend beyond the Kaneohe Bay
NDSA was determined to be appropriate by the Captain of the Port so as
to ensure the safety of all watercraft and the general public during
the performances.

Discussion of Comments and Changes

    As planning for the event developed, it was suggested that the best
course of action would be to modify the temporary safety zones, by
moving the ``show box'' northeast, to ensure channels within Kaneohe
Bay remained open during the Blue Angels' performance. The Coast Guard
believes that the slightly modified area is better suited to
accommodating the needs of the air show and safeguarding the public.
Consequently, the two safety zones were moved slightly but remain
intact to cover the areas of the required ``show box'' that fall
outside of the NDSA. The coordinates for the two temporary safety zones
are now as follows: (1) Southwest of Mokapu Peninsula: The NDSA
extending from 21[deg]26.449 N, 157[deg]47.071 W then Southeast to
21[deg]26.270 N, 157[deg]46.895 W then Northwest at a bearing of
51[deg] True to the NDSA. (2) North of Mokapu Peninsula: The NDSA
extending Northeast to position 21[deg]27.943 N, 157[deg]44.953 W then
Southeast to 21[deg]28.251 N, 157[deg]44.880 W then South at a bearing
of 239[deg] True to the NDSA. Even with the modifications, we note that
transit through Kaneohe Bay, the Sampan Channel and Kaneohe Bay
Entrance Channel will remain open.

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 rule restricts access to the waters within the two
temporary safety zones, the effect of this rule will not be significant
because watercraft will be able to transit around without restriction.
Furthermore, watercraft will be able to transit through the safety
zones with permission from the Honolulu Captain of the Port.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
would not have a significant economic impact on a substantial number of
small entities. While the temporary safety zones are being enforced,
watercraft will be able to transit freely around the zones.
Furthermore, watercraft will be allowed to transit through the
temporary safety zones if permission to enter is granted by the
Honolulu Captain of the Port. Before the effective period, we will
issue daily maritime advisories and widely available to users of the
area including VHF Channel 16.

Assistance for Small Entities

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

Collection of Information

    This rule would call 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 (adjusted for
inflation) or more in any one year. Though this rule would not result
in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

Taking of Private Property

    This rule will not cause 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 would not create an
environmental risk to health or risk to safety that might
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 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.

Energy Effects

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

require a Statement of Energy Effects under Executive Order 13211.

Technical Standards

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

Environment

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

List of Subjects in 33 CFR Part 165

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

0
For the reasons discussed in the preamble, the Coast Guard is amending
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. Add Sec.  165.T14-210 to read as follows:

Sec.  165.T14-210  Safety Zone; Blue Angels at Kaneohe Bay Air Show,
Oahu, Hawaii.

    (a) Location. The following areas, consisting of all waters
contained within an area of one box on the southwest side and one box
on the north side of the Kaneohe Bay Naval Defensive Sea Area (NDSA) as
established by Executive Order No. 8681 of February 14, 1941, in
Kaneohe Bay, Oahu, Hawaii, are temporary safety zones. This safety zone
extends from the surface of the water to the ocean floor. These
coordinates are based upon the National Oceanic and Atmospheric
Administration Coast Survey, Pacific Ocean, Oahu, Hawaii, chart 19359.
    (1) Southwest of Mokapu Peninsula: The NDSA extending from
21[deg]26.449 N, 157[deg]47.071 W then Southeast to 21[deg]26.270 N,
157[deg]46.895 W then Northwest at a bearing of 51[deg]True to the
NDSA.
    (2) North of Mokapu Peninsula: The NDSA extending Northeast to
position 21[deg]27.943 N, 157[deg]44.953 W then Southeast to
21[deg]28.251 N, 157[deg]44.880 W then South at a bearing of 239[deg]
True to the NDSA.
    (b) Regulations. (1) Entry into or remaining in the temporary
safety zones described in paragraph (a) of this section is prohibited
unless authorized by the Honolulu Coast Guard Captain of the Port.
    (2) Persons desiring to transit in the safety zones may contact the
Honolulu Captain of the Port on VHF channel 16 (156.800 MHz), or at
telephone numbers<PHONE_NUMBER> or<PHONE_NUMBER> to seek permission to
transit the area. If permission is granted, all persons and watercraft
must comply with the instructions of the Honolulu Captain of the Port
or her designated representative.
    (c) Effective period. This rule is effective from 9 a.m. local
(HST) time September 24, 2010, through 7 p.m. local (HST) time
September 26, 2010. This rule will be enforced daily between the hours
of 9 a.m. local (HST) time to 7 p.m. local (HST) time during September
24-26, 2010.
    (d) Regulations. In accordance with the general regulations in 33
CFR part 165, subpart C, no person or vessel may enter or remain in
either zone except for support vessels/aircraft and support personnel,
or other watercraft authorized by the Honolulu Captain of the Port or
her designated representatives.
    (e) Penalties. Vessels or persons violating this rule would be
subject to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.

    Dated: September 8, 2010.
J.M. Nunan,
Captain, U.S. Coast Guard, Captain of the Port Honolulu.
[FR Doc. 2010-23768 Filed 9-22-10; 8:45 am]
BILLING CODE 9110-04-P


78j, 78j-1, 78k, 78k-1, 78l, 78m, 78n, 78o, 78p, 78q, 78s, 78u-5,
78w, 78x, 78ll, 78mm, 80a-20, 80a-23, 80a-29, 80a-37, 80b-3, 80b-4,
80b-11, and 7201 et seq.; and 18 U.S.C. 1350 and 12 U.S.C.
5221(e)(3) unless otherwise noted.

* * * * *

0
7. Amend Sec.  240.14a-101 by:
0
a. Revising paragraph (b) of Item 7;
0
b. In Item 22:
0
i. Redesignating paragraph (b)(3) as paragraph (b)(3)(ii);
0
ii. Adding new paragraph (b)(3)(i); and
0
iii. Redesignating Instruction to paragraph (b)(3) as Instruction to
paragraph (b)(3)(ii);
0
iv. Redesignating paragraph (b)(4), introductory text, and paragraph
(b)(4)(i) through paragraph (b)(4)(iv) as new paragraph (b)(4)(i),
introductory text, and paragraph (b)(4)(i)(A) through paragraph
(b)(4)(i)(D);
0
v. Adding new paragraph (b)(4)(ii);
0
vi. Revising paragraph (b)(11) before the Instruction; and
0
vii. Revising Instruction to paragraph (b)(11).
    The revisions and additions read as follows:

Sec.  240.14a-101  Schedule 14A. Information required in proxy
statement.

* * * * *
    Item 7. Directors and executive officers.
* * * * *
    (b) The information required by Items 401, 404(a) and (b), 405 and
407(d)(4), (d)(5) and (h) of Regulation S-K (Sec.  229.401, Sec.
229.404(a) and (b), Sec.  229.405 and Sec.  229.407(d)(4), (d)(5) and
(h) of this chapter).
* * * * *
    Item 22. Information required in investment company proxy
statement.
* * * * *
    (b) Election of Directors. * * *
    (3)(i) For each director or nominee for election as director,
briefly discuss the specific experience, qualifications, attributes, or
skills that led to the conclusion that the person should serve as a
director for the Fund at the time that the disclosure is made in light
of the Fund's business and structure. If material, this disclosure
should cover more than the past five years, including information about
the person's particular areas of expertise or other relevant
qualifications.
* * * * *
    (4) * * *
    (ii) Unless disclosed in the table required by paragraph (b)(1) of
this Item or in response to paragraph (b)(4)(i) of this Item, indicate
any directorships held during the past five years by each director or
nominee for election as director in any company with a class of
securities registered pursuant to section 12 of the Exchange Act (15
U.S.C. 78l) or subject to the requirements of section 15(d) of the
Exchange Act (15 U.S.C. 78o(d)) or any company registered as an
investment company under the Investment Company Act of 1940 (15 U.S.C.
80a-1 et seq.), as amended, and name the companies in which the
directorships were held.
* * * * *
    (11) Provide in tabular form, to the extent practicable, the
information required by Items 401(f) and (g), 404(a), 405, and 407(h)
of Regulation S-K (Sec. Sec.  229.401(f) and (g), 229.404(a), 229.405,
and 229.407(h) of this chapter).
    Instruction to paragraph (b)(11). Information provided under
paragraph (b)(8) of this Item 22 is deemed to satisfy the requirements
of Item 404(a) of Regulation S-K for information about directors,
nominees for election as directors, and Immediate Family Members of
directors and nominees, and need not be provided under this paragraph
(b)(11).
* * * * *

PART 249--FORMS, SECURITIES EXCHANGE ACT OF 1934

0
8. The authority citation for part 249 continues to read in part as
follows:

    Authority: 15 U.S.C. 78a et seq. and 7201 et seq.; and 18 U.S.C.
1350, unless otherwise noted.
* * * * *

0
9. Amend Form 8-K (referenced in Sec.  249.308) by adding Item 5.07
under the caption ``Information To Be Included in the Report'' after
the General Instructions read as follows:

    Note: The text of Form 8-K does not, and this amendment will
not, appear in the Code of Federal Regulations.

Form 8-K

* * * * *

General Instructions

* * * * *

Information To Be Included in the Report

* * * * *

Item 5.07 Submission of Matters to a Vote of Security Holders

    If any matter was submitted to a vote of security holders, through
the solicitation of proxies or otherwise, provide the following
information:

    (a) The date of the meeting and whether it was an annual or special
meeting.
    (b) If the meeting involved the election of directors, the name of
each director elected at the meeting, as well as a brief description of
each other matter voted upon at the meeting; and state the number of
votes cast for, against or withheld, as well as the number of
abstentions and broker non-votes as to each such matter, including a
separate tabulation with respect to each nominee for office.
    (c) A description of the terms of any settlement between the
registrant and any other participant (as defined in Instruction 3 to
Item 4 of Schedule 14A (17 CFR 240.14a-101)) terminating any
solicitation subject to Rule 14a-12(c), including the cost or
anticipated cost to the registrant.
    Instruction 1 to Item 5.07. The four business day period for
reporting the event under this Item 5.07 shall begin to run on the day
on which the meeting ended. The registrant shall disclose on Form 8-K
under this Item 5.07 the preliminary voting results. The registrant
shall file an amended report on Form 8-K under this Item 5.07 to
disclose the final voting results within four business days after the
final voting results are known. However, no preliminary voting results
need be disclosed under this Item 5.07 if the registrant has disclosed
final voting results on Form 8-K under this Item.
    Instruction 2 to Item 5.07. If any matter has been submitted to a
vote of security holders otherwise than at a meeting of such security
holders, corresponding information with respect to such submission
shall be provided. The solicitation of any authorization or consent
(other than a proxy to vote at a stockholders' meeting) with respect to
any matter shall be deemed a submission of such matter to a vote of
security holders within the meaning of this item.
    Instruction 3 to Item 5.07. If the registrant did not solicit
proxies and the board of directors as previously reported to the
Commission was re-elected in its entirety, a statement to that effect
in answer to paragraph (b) will suffice as an answer thereto.
    Instruction 4 to Item 5.07. If the registrant has furnished to its
security holders proxy soliciting material containing the information
called for by paragraph (c), the paragraph may be answered by reference
to the information contained in such material.
    Instruction 5 to Item 5.07. If the registrant has published a
report containing all the information called for by this item, the item
may be answered by a reference to the information contained in such
report.
* * * * *

0
10. Amend Form 10-Q (referenced in Sec.  249.308a) by removing Item 4
in Part II--Other Information, and redesignating Items 5 and 6 as Items
4 and 5.

0
11. Amend Form 10-K (referenced in Sec.  249.310) by removing Item 4 in
Part I, and redesignating Items 5 through 15 as Items 4 through 14.

    Note: The text of Forms 10-Q and 10-K do not, and these
amendments will not, appear in the Code of Federal Regulations.

PART 239--FORMS PRESCRIBED UNDER THE SECURITIES ACT OF 1933

PART 274--FORMS PRESCRIBED UNDER THE INVESTMENT COMPANY ACT OF 1940

0
12. The authority citation for Part 274 continues to read in part as
follows:

    Authority: 15 U.S.C. 77f, 77g, 77h, 77j, 77s, 78c(b), 78l, 78m,
78n, 78o(d), 80a-8, 80a-24, 80a-26, and 80a-29, unless otherwise
noted.

* * * * *
0
13. Form N-1A (referenced in Sec. Sec.  239.15A and 274.11A), Item 17
is amended by:
0
a. Revising the heading to paragraph (b);
0
b. Revising paragraph (b)(1);
0
c. Redesignating paragraph (b)(3), introductory text, and paragraph
(b)(3)(i) through paragraph (b)(3)(iv) as paragraph (b)(3)(i),
introductory text, and paragraph (b)(3)(i)(A) through paragraph
(b)(3)(i)(D);
0
d. Adding new paragraph (b)(3)(ii); and
0
e. Adding paragraph (b)(10).
    The revisions and additions read as follows:

    Note: The text of Form N-1A does not, and these amendments will
not, appear in the Code of Federal Regulations.

Form N-1A

* * * * *

Item 17. Management of the Fund

* * * * *
    (b) Leadership Structure and Board of Directors.
    (1) Briefly describe the leadership structure of the Fund's board,
including the responsibilities of the board of directors with respect
to the Fund's management and whether the chairman of the board is an
interested person of the Fund. If the chairman of the board is an
interested person of the Fund, disclose whether the Fund has a lead
independent director and what specific role the lead independent
director plays in the leadership of the Fund. This disclosure should
indicate why the Fund has determined that its leadership structure is
appropriate given the specific characteristics or circumstances of the
Fund. In addition, disclose the extent of the board's role in the risk
oversight of the Fund, such as how the board administers its oversight
function and the effect that this has on the board's leadership
structure.
* * * * *
    (3) * * *
    (ii) Unless disclosed in the table required by paragraph (a)(1) of
this Item 17 or in response to paragraph (b)(3)(i) of this Item 17,
indicate any directorships held during the past five years by each
director in any company with a class of securities registered pursuant
to section 12 of the Securities Exchange Act (15 U.S.C. 78l) or subject
to the requirements of section 15(d) of the Securities Exchange Act (15
U.S.C. 78o(d)) or any company registered as an investment company under
the Investment Company Act, and name the companies in which the
directorships were held.
* * * * *
    (10) For each director, briefly discuss the specific experience,
qualifications, attributes, or skills that led to the conclusion that
the person should serve as a director for the Fund at the time that the
disclosure is made, in light of the Fund's business and structure. If
material, this disclosure should cover more than the past five years,
including information about the person's particular areas of expertise
or other relevant qualifications.
* * * * *

0
14. Form N-2 (referenced in Sec. Sec.  239.14 and 274.11a-1), Item 18
is amended by:
0
a. Redesignating paragraph 5, introductory text, and paragraph 5(a)
through paragraph 5(d) as paragraph 5(b), introductory text, and
paragraph 5(b)(1) through paragraph 5(b)(4);
0
b. Adding new paragraph 5(a);
0
c. Redesignating paragraph 6, introductory text, and paragraph 6(a)
through paragraph 6(d) as paragraph 6(a), introductory text, and
paragraph 6(a)(1) through paragraph 6(a)(4);
0
d. Adding new paragraph 6(b); and
0
e. Adding paragraph 17 after the instructions.
    The additions read as follows:

    Note: The text of Form N-2 does not, and these amendments will
not, appear in the Code of Federal Regulations.

Form N-2

* * * * *

Item 18. Management

* * * * *
    5.(a) Briefly describe the leadership structure of the Registrant's
board, including whether the chairman of the board is an interested
person of the Registrant, as defined in section 2(a)(19) of the 1940
Act (15 U.S.C. 80a-2(a)(19)). If the chairman of the board is an
interested person of the Registrant, disclose whether the Registrant
has a lead independent director and what specific role the lead
independent director plays in the leadership of the Registrant. This
disclosure should indicate why the Registrant has determined that its
leadership structure is appropriate given the specific characteristics
or circumstances of the Registrant. In addition, disclose the extent of
the board's role in the risk oversight of the Registrant, such as how
the board administers its oversight function, and the effect that this
has on the board's leadership structure.
* * * * *
    6. * * *
    (b) Unless disclosed in the table required by paragraph 1 of this
Item 18 or in response to paragraph 6(a) of this Item 18, indicate any
directorships held during the past five years by each director in any
company with a class of securities registered pursuant to section 12 of
the Exchange Act (15 U.S.C. 78l) or subject to the requirements of
section 15(d) of the Exchange Act (15 U.S.C. 78o(d)) or any company
registered as an investment company under the 1940 Act, and name the
companies in which the directorships were held.
* * * * *
    17. For each director, briefly discuss the specific experience,
qualifications, attributes, or skills that led to the conclusion that
the person should serve as a director for the Registrant at the time
that the disclosure is made, in light of the Registrant's business and
structure. If material, this disclosure should cover more than the past
five years, including information about the person's particular areas
of expertise or other relevant qualifications.
* * * * *

0
15. Form N-3 (referenced in Sec. Sec.  239.17a and 274.11b), Item 20 is
amended by:
0
a. Redesignating paragraph (d), introductory text, and paragraph (d)(i)
through paragraph (d)(iv) as paragraph (d)(ii), introductory text, and
paragraph (d)(ii)(A) through paragraph (d)(ii)(D);
0
b. Adding new paragraph (d)(i);
0
c. Redesignating paragraph (e), introductory text, and paragraph (e)(i)
through paragraph (e)(iv) as paragraph (e)(i), introductory text, and
paragraph (e)(i)(A) through paragraph (e)(i)(D);
0
d. Adding new paragraph (e)(ii); and
0
e. Adding paragraph (o) after the instructions.
    The additions read as follows:

    Note: The text of Form N-3 does not, and these amendments will
not, appear in the Code of Federal Regulations.

Form N-3

* * * * *

Item 20. Management

* * * * *
    (d)(i) Briefly describe the leadership structure of the
Registrant's board, including whether the chairman of the board is an
interested person of the Registrant, as defined in Section 2(a)(19) of
the 1940 Act (15 U.S.C. 80a-2(a)(19)) and the rules thereunder. If the
chairman of the board is an interested person of the Registrant,
disclose whether the Registrant has a lead independent director and
what specific role the lead independent director plays in the
leadership of the Registrant. This disclosure should indicate why the
Registrant has determined that its leadership structure is appropriate
given the specific characteristics or circumstances of the Registrant.
In addition, disclose the extent of the board's role in the risk
oversight of the Registrant, such as how the board administers its risk
oversight function, and the effect that this has on the board's
leadership structure.
    (e) * * *
    (ii) Unless disclosed in the table required by paragraph (a) of
this Item 20 or in response to paragraph (e)(i) of this Item 20,
indicate any directorships held during the past five years by each
director in any company with a class of securities registered pursuant
to section 12 of the Exchange Act (15 U.S.C. 78l) or subject to the
requirements of Section 15(d) of the Exchange Act (15 U.S.C. 78o(d)) or
any company registered as an investment company under the 1940 Act, and
name the companies in which the directorships were held.
* * * * *
    (o) For each director, briefly discuss the specific experience,
qualifications, attributes, or skills that led to the conclusion that
the person should serve as a director for the Registrant at the time
that the disclosure is made, in light of the Registrant's business and
structure. If material, this disclosure should cover more than the past
five years, including information about the person's particular areas
of expertise or other relevant qualifications.
* * * * *

    Dated: December 16, 2009.

    By the Commission.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-30327 Filed 12-17-09; 4:15 pm]


[Federal Register Volume 77, Number 99 (Tuesday, May 22, 2012)]
[Proposed Rules]
[Pages 30236-30238]
[FR Doc No: 2012-12401]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0529; Directorate Identifier 2011-SW-050-AD]
RIN 2120-AA64

Airworthiness Directives; Agusta S.p.A. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Agusta S.p.A. (Agusta) Model AW139 helicopters. This proposed
AD is prompted by the discovery of improper installation of solder
splices on the co-pilot audio system causing intermittent noise through
the audio system during flight. The proposed actions are intended to
prevent degradation and complete loss of communications between the
pilot and co-pilot during flight, impairing the co-pilot's capability
to react immediately to operational difficulties, which could lead to
subsequent loss of control of the helicopter.

DATES: We must receive comments on this proposed AD by July 23, 2012.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your
comments electronically.
     Fax:<PHONE_NUMBER>.
     Mail: Send comments to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Examining the AD Docket: You may examine the AD docket on the
Internet at http://www.regulations.gov 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
economic evaluation, any comments received, and other information. The
street address for the Docket Operations Office (telephone 800-647-
5527) is in the ADDRESSES section. Comments will be available in the AD
docket shortly after receipt.
    For service information identified in this proposed AD, contact
Agusta Westland, Customer Support & Services, Via Per Tornavento 15,
21019 Somma Lombardo (VA) Italy, Attn: Giovanni Cecchelli; telephone
39-0331-711133; fax 39 0331 711180; or at http://www.agustawestland.com/technical-bullettins. You may review copies of
the referenced service information at the FAA, Office of the Regional
Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth,
Texas 76137.

FOR FURTHER INFORMATION CONTACT: John VanHoudt, Aerospace Engineer,
FAA, Rotorcraft Directorate, Regulations and Policy Group, 2601 Meacham
Blvd., Fort Worth, Texas 76137, telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to participate in this rulemaking by submitting
written comments, data, or views. We also invite comments relating to
the economic, environmental, energy, or federalism impacts that might
result from adopting the proposals in this document. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should send only one copy of written comments, or if comments are filed
electronically, commenters should submit only one time.
    We will file in the docket all comments that we receive, as well as
a report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. Before acting on this proposal, we
will consider all comments we receive on or before the closing date for
comments. We will consider comments filed after the comment period has
closed if it is possible to do so without incurring expense or delay.
We may change this proposal in light of the comments we receive.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued AD No.:
2011-0140, dated July 20, 2011 (2011-0140), to correct an unsafe
condition for certain Agusta AW139 helicopters. EASA advises that some
occurrences of intermittent noise in the co-pilot audio system have
been reported. The technical investigation carried out by Agusta showed
that some of the solder splices on the audio panel were the

possible cause of these malfunctions. This condition, if not detected
and corrected, could impair the co-pilot's capability to react
immediately to operational difficulties. The EASA AD requires
inspecting the solder splices and related wires for their condition and
for proper installation, and if required, replacing the solder splices.

FAA's Determination

    These helicopters have been approved by the aviation authority of
Italy and are approved for operation in the United States. Pursuant to
our bilateral agreement with Italy, EASA, their technical
representative, has notified us of the unsafe condition described in
its AD. We are proposing this AD because we evaluated all information
provided by EASA and determined that an unsafe condition is likely to
exist or develop on other helicopters of the same type design.

Related Service Information

    Agusta has issued Bollettino Tecnico (BT) No. 139-249, dated July
13, 2011 (BT 139-249), which specifies performing an inspection and
manual pull-test of the solder splices and replacing any splices which
fail the inspection or pull-test. EASA classified this BT as mandatory
and issued 2011-0140 to ensure the continued airworthiness of these
helicopters.

Proposed AD Requirements

    This proposed AD would require, within 500 hours time-in-service
(TIS) or 5 months or when an ``AVIONICS FAULT'' crew alerting system
(CAS) message is displayed, whichever occurs first, replacing all
solder splices identified in BT 139-249. The actions would be required
to be accomplished by following specified portions of the service
bulletin described previously.

Differences Between This Proposed AD and the EASA AD

    The EASA AD requires performing a visual inspection and manual
pull-test of the solder splices, while this proposed AD does not. The
EASA AD requires compliance within 600 flight hours or 6 months, while
this proposed AD would require compliance within 500 hours TIS or 5
months.

Costs of Compliance

    We estimate that this proposed AD would affect 32 helicopters of
U.S. Registry. We estimate that operators may incur the following costs
in order to comply with this AD. Replacing the solder splices will
require approximately 110 work-hours at an average labor cost of $85
per hour and required parts will cost $200, for a total cost per
helicopter of $9,550 and a total cost to the U.S. operator fleet of
$305,600.

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, 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 to the extent that
it justifies making a regulatory distinction; 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.
    We prepared an economic evaluation of the estimated costs to comply
with this proposed AD and placed it in the AD docket.

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

    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]

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

Agusta S.P.A. Helicopters: Docket No. FAA-2012-0529; Directorate
Identifier 2011-SW-050-AD.

(a) Applicability

    This AD applies to Agusta S.p.A. Model AW139 helicopters, serial
numbers 31248, 31249, 41001 through 41023, 41201 through 41234,
41236, 41237 through 41255 (except 41240, 41242, 41246, 41249,
41251, and 41252), and 41257, certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as intermittent noise
through the audio system during flight caused by improper
installation of solder splices on the co-pilot's audio panel. This
condition could result in degradation and complete loss of
communications between the pilot and co-pilot during flight,
impairing the co-pilot's capability to react immediately to
operational difficulties, which could lead to subsequent loss of
control of the helicopter.

(c) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

(d) Required Action

    Within 500 hours time-in-service or 5 months, or in the event of
an AVIONICS FAULT crew alerting system (CAS) message, whichever
occurs first, replace the co-pilot audio panel solder splices,
listed in Tables 1 and 2 of Agusta Bollettino Tecnico No. 139-249,
dated July 13, 2011 (ABT), in accordance with paragraphs 7.1 through
7.11. and Figures 12, 14, and 15 of the ABT.

(e) Alternative Methods of Compliance (AMOC)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs
for this AD. Send your proposal to: John VanHoudt, Aerospace
Engineer, FAA, Rotorcraft Directorate, Regulations and Policy Group,
2601 Meacham Blvd., Fort Worth, Texas 76137, telephone (817) 222-
5167, email<EMAIL_ADDRESS>    (2) For operations conducted under 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, we suggest that you
notify your principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office or
certificate holding district office before operating any aircraft
complying with this AD through an AMOC.

(f) Additional Information

    The subject of this AD is addressed in European Aviation Safety
Agency (Italy) AD No.: 2011-0140, dated July 20, 2011.

(g) Subject

    Joint Aircraft System Component (JASC) Code: 2397:
Communications System Wiring.

    Issued in Fort Worth, Texas, on May 10, 2012.
Kim Smith,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2012-12401 Filed 5-21-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 147 (Monday, August 1, 2016)]
[Notices]
[Pages 50592-50593]
[FR Doc No: 2016-18131]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0180]

Commercial Driver's License (CDL) Testing; Application for
Exemption: State of Minnesota

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

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

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

SUMMARY: FMCSA announces that the State of Minnesota has applied for an
exemption from regulations governing commercial driver's license (CDL)
skills testing procedures and practices. Minnesota believes it can
deliver CDL skills testing more efficiently in an alternative manner.
It asserts that its method of delivering skills testing will maintain
the testing standards enumerated by the regulations. FMCSA requests
public comments on the request for exemption.

DATES: Comments must be received on or before August 31, 2016.

ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2016-0180 by any of the following
methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow
the online instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building, Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m.
E.T., Monday through Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and
docket number. For detailed instructions on submitting comments and
additional information on the exemption process, see the Public
Participation heading below. Note that all comments received will be
posted without change to www.regulations.gov, including any personal
information provided. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or
comments received, go to www.regulations.gov at any time and in the box
labeled ``SEARCH for'' enter FMCSA-2016-0180 and click on the tab
labeled ``SEARCH.''
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
    Public Participation: The Federal eRulemaking Portal is available
24 hours each day, 365 days each year. You can get electronic
submission and retrieval help and guidelines under the ``help'' section
of the Federal eRulemaking Portal Web site. If you want us to notify
you that we received your comments, please include a self-addressed,
stamped envelope or postcard, or print the acknowledgement page that
appears after submitting comments online.

FOR FURTHER INFORMATION CONTACT: For information concerning this
notice, contact Mr. Thomas L. Yager, Chief, FMCSA Driver and Carrier
Operations Division; Office of Carrier, Driver and Vehicle Safety
Standards; Telephone:<PHONE_NUMBER>; Email<EMAIL_ADDRESS>If you have
questions on viewing or submitting material to the docket, contact
Docket Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from the Federal Motor Carrier Safety Regulations (FMCSRs)
(49 CFR part 350 et seq.). 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 also provide an opportunity for public
comment on the request.
    The Agency reviews the safety analyses and the public comments, 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 decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)) with the reason for the grant or denial, and, if granted,
the specific person or class of persons receiving the exemption, and
the regulatory provision or provisions from which exemption is granted.
The notice must also specify the effective period of the exemption (up
to 5 years), and explain the terms and conditions of the exemption. The
exemption may be renewed (49 CFR 381.300(b)).

Background

    The Commercial Motor Vehicle Safety Act of 1986 (CMVSA) was
designed to improve highway safety by ensuring that truck and bus
drivers are qualified to drive a commercial motor vehicle (CMV). It
provided for removal of the driving privileges of unsafe or unqualified
drivers. States issue commercial driver's licenses (CDLs) to CMV
operators, but the CMVSA directed the Federal government to establish
minimum requirements for the issuance of a CDL.
    Subpart H of 49 CFR part 383 contains the principal requirements
governing State testing of applicants for a CDL. Testing must be
conducted in such a way as to determine if the applicant possesses the
required knowledge and skills (Sec.  383.133(a)).

Request for Exemption

    Minnesota seeks a partial exemption from Sec.  383.133, ``Test
Methods.'' Pursuant to that section, the CDL skills test must be
conducted in three parts in the following order: pre-trip inspection,
vehicle control skills, and on-road driving (Sec.  383.133(c)(6)).
Minnesota asks that it be allowed to combine the second and third parts
(vehicle control skills and on-road driving) and thus reduce the skills
test to two parts. It also asks to be exempted from using the American
Association of Motor Vehicle Administrators (AAMVA) 2005 Test Model
Score Sheet. Finally, it asks to be exempted from the requirement that
applicants must pass the pre-trip inspection portion of the exam before
proceeding to the balance of the test.
    Minnesota states that under its proposed approach, it can more
efficiently manage the limited space of its test sites and conduct more
CDL tests each day. It states that denial of its application for
exemption will result in a less-rigorous CDL test and negatively affect
motor carriers and drivers. A copy of Minnesota's application for
exemption is in the docket listed at the beginning of this notice.

Request for Comments

    In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA
requests public comment on Minnesota's application for exemption. The
Agency will consider all comments received by close of business on
August 31, 2016.
    Comments will be available for examination in the docket at the
location listed under the ADDRESSES section of this notice.

    Issued on: July 22, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-18131 Filed 7-29-16; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 88, Number 43 (Monday, March 6, 2023)]
[Notices]
[Pages 13844-13845]
[FR Doc No: 2023-04528]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2023-0002; Internal Agency Docket No. FEMA-B-2317]

Proposed Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: Notice.

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

SUMMARY: Comments are requested on proposed flood hazard
determinations, which may include additions or modifications of any
Base Flood Elevation (BFE), base flood depth, Special Flood Hazard Area
(SFHA) boundary or zone designation, or regulatory floodway on the
Flood Insurance Rate Maps (FIRMs), and where applicable, in the
supporting Flood Insurance Study (FIS) reports for the communities
listed in the table below. The purpose of this notice is to seek
general information and comment regarding the preliminary FIRM, and
where applicable, the FIS report that the Federal Emergency Management
Agency (FEMA) has provided to the affected communities. The FIRM and
FIS report are the basis of the floodplain management measures that the
community is required either to adopt or to show evidence of having in
effect in order to qualify or remain qualified for participation in the
National Flood Insurance Program (NFIP).

DATES: Comments are to be submitted on or before June 5, 2023.

ADDRESSES: The Preliminary FIRM, and where applicable, the FIS report
for each community are available for inspection at both the online
location https://hazards.fema.gov/femaportal/prelimdownload and the
respective Community Map Repository address listed in the tables below.
Additionally, the current effective FIRM and FIS report for each
community are accessible online through the FEMA Map Service Center at
https://msc.fema.gov for comparison.
    You may submit comments, identified by Docket No. FEMA-B-2317, to
Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance
and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC
20472,<PHONE_NUMBER>, or (email) [email protected].

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
[email protected]; or visit the FEMA Mapping and Insurance
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: FEMA proposes to make flood hazard
determinations for each community listed below, in accordance with
section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4104, and 44 CFR 67.4(a).
    These proposed flood hazard determinations, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities. These flood
hazard determinations are used to meet the floodplain management
requirements of the NFIP.
    The communities affected by the flood hazard determinations are
provided in the tables below. Any request for reconsideration of the
revised flood hazard information shown on the Preliminary FIRM and FIS
report that satisfies the data requirements outlined in 44 CFR 67.6(b)
is considered an appeal. Comments unrelated to the flood hazard
determinations also will be considered before the FIRM and FIS report
become effective.

    Use of a Scientific Resolution Panel (SRP) is available to
communities in support of the appeal resolution process. SRPs are
independent panels of experts in hydrology, hydraulics, and other
pertinent sciences established to review conflicting scientific and
technical data and provide recommendations for resolution. Use of the
SRP only may be exercised after FEMA and local communities have been
engaged in a collaborative consultation process for at least 60 days
without a mutually acceptable resolution of an appeal. Additional
information regarding the SRP process can be found online at https://www.floodsrp.org/pdfs/srp_overview.pdf.
    The watersheds and/or communities affected are listed in the tables
below. The Preliminary FIRM, and where applicable, FIS report for each
community are available for inspection at both the online location
https://hazards.fema.gov/femaportal/prelimdownload and the respective
Community Map Repository address listed in the tables. For communities
with multiple ongoing Preliminary studies, the studies can be
identified by the unique project number and Preliminary FIRM date
listed in the tables. Additionally, the current effective FIRM and FIS
report for each community are accessible online through the FEMA Map
Service Center at https://msc.fema.gov for comparison.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Michael M. Grimm,
Assistant Administrator for Risk Management, Federal Emergency
Management Agency, Department of Homeland Security.

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
          Pender County, North Carolina and Incorporated Areas
 Project: 11-04-6510S Preliminary Dates: November 30, 2018 and July 30,
                                  2021
------------------------------------------------------------------------
Town of Surf City......................  Surf City Municipal Complex,
                                          214 West Florence Way,
                                          Hampstead, NC 28443.
Town of Topsail Beach..................  Building Inspection Department,
                                          820 South Anderson Boulevard,
                                          Topsail Beach, NC 28445.
Unincorporated Areas of Pender County..  Pender County Planning
                                          Department, 805 South Walker
                                          Street, Burgaw, NC 28425.
------------------------------------------------------------------------

[FR Doc. 2023-04528 Filed 3-3-23; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 83, Number 51 (Thursday, March 15, 2018)]
[Notices]
[Page 11512]
[FR Doc No: 2018-05233]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL18-125-000]

Associated Electric Cooperative, Inc.; Notice of Petition for
Partial Waiver

    Take notice that on March 9, 2018, pursuant to section 292.402 of
the Federal Energy Regulatory Commission's (Commission) Rules and
Regulations,\1\ 18 CFR 292.402 (2018), Associated Electric Cooperative,
Inc. (Associated Electric), on behalf of 56 rural electric cooperative
member-owners (collectively, the Participating Members),\2\ request a
partial waiver of certain obligations imposed on the Participating
Members under sections 292.303(a) and 292.303(b) of the Commission's
Regulations \3\ implementing section 210 of the Public Utility
Regulatory Policies Act of 1978, all as more fully explained in the
petition.
---------------------------------------------------------------------------

    \1\ 18 CFR 292.402 (2017).
    \2\ Associated Electric Cooperative, Incorporated's
Participating Member-Owners joining in this petition are Central
Electric Power Cooperative, Boone Electric Cooperative, Callaway
Electric Cooperative, Central Missouri Electric Cooperative, Inc.,
CO-MO Electric Cooperative, Inc., Consolidated Electric Cooperative,
Cuivre River Electric Cooperative, Inc., Howard Electric
Cooperative, Inc., Three Rivers Electric Cooperative, KAMO Electric
Cooperative, Inc., Barry Electric Cooperative, Inc., Barton County
Electric Cooperative, Inc., Cookson Hills Electric Cooperative,
Inc., East Central Oklahoma Electric Cooperative, Inc., Indian
Electric Cooperative, Inc., Kiamichi Electric Cooperative, Inc.,
Lake Region Electric Cooperative, Inc., New-Mac Electric
Cooperative, Inc., Northeast Oklahoma Electric Cooperative, Inc.,
Osage Valley Electric Cooperative Association, Inc., Ozark Electric
Cooperative, Inc., Ozarks Electric Cooperative Corp., Sac Osage
Electric Cooperative, Inc., Southwest Electric Cooperative,
Verdigris Valley Electric Cooperative, Inc., White River Valley
Electric Cooperative, Inc., M&A Electric Power Cooperative, Black
River Electric Cooperative, Ozark Border Electric Cooperative,
Pemiscot-Dunklin Electric Cooperative, Inc., SEMO Electric
Cooperative, Inc., Northeast Missouri Electric Power Cooperative,
Access Energy Cooperative, Chariton Valley Electric Cooperative,
Inc., Lewis County Rural Electric Cooperative Association, Macon
Electric Cooperative, Missouri Rural Electric Cooperative, Ralls
County Electric Cooperative, Southern Iowa Electric Cooperative,
Tri-County Electric Cooperative Association, NW Electric Power
Cooperative, Inc., Atchison-Holt Electric Cooperative, Farmers'
Electric Cooperative, Inc., Grundy Electric Cooperative, Inc., North
Central Missouri Electric Cooperative, Inc., Platte-Clay Electric
Cooperative, Inc., United Electric Cooperative, Inc., West Central
Electric Cooperative, Inc., Sho-Me Power Electric Cooperative,
Crawford Electric Cooperative, Gascosage Electric Cooperative,
Howell-Oregon Electric Cooperative, Inc., Intercounty Electric
Cooperative Association, Laclede Electric Cooperative, Se-Ma-No
Electric Cooperative, and Webster Electric Cooperative.
    \3\ 18 CFR 292.303(a) and (b) (2012).
---------------------------------------------------------------------------

    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). 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. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the eFiling link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE, Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
eLibrary link and is available for review in the Commission's Public
Reference Room in Washington, DC. There is an eSubscription link on the
website that enables subscribers to receive email notification when a
document is added to a subscribed docket(s). For assistance with any
FERC Online service, please email [email protected], or call
(866) 208-3676 (toll free). For TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern time on March 30, 2018.

    Dated: March 9, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-05233 Filed 3-14-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 149 (Monday, August 3, 2020)]
[Notices]
[Pages 46685-46686]
[FR Doc No: 2020-16745]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4555-DR; Docket ID FEMA-2020-0001]

Alabama; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Alabama (FEMA-4555-DR), dated July 10, 2020,
and related determinations.

DATES: The declaration was issued July 10, 2020.

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 July 10, 2020, 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 Alabama resulting from severe storms, tornadoes, straight-line
winds, and flooding during the period of April 12 to April 13, 2020,
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 Alabama.
    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
Public Assistance and Hazard Mitigation will be limited to 75
percent of the total eligible costs.
    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, Terry L. Quarles, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of Alabama have been designated as
adversely affected by this major disaster:

    Blount, Cullman, DeKalb, Etowah, Jackson, Marshall, and Walker
Counties for Public Assistance.
    All areas within the State of Alabama are eligible 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.

Pete Gaynor,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2020-16745 Filed 7-31-20; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 79, Number 133 (Friday, July 11, 2014)]
[Rules and Regulations]
[Pages 39959-39961]
[FR Doc No: 2014-15528]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0939; Directorate Identifier 2013-CE-043-AD;
Amendment 39-17881; AD 2013-22-23 R1]
RIN 2120-AA64

Airworthiness Directives; AERMACCHI S.p.A. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: We are rescinding Airworthiness Directive (AD) 2013-22-23 for
AERMACCHI S.p.A. Models F.260, F.260B, F.260C, F.260D, F.260E, F.260F,
S.208, and S.208A airplanes equipped with a Lycoming O-540, IO-540, or
AEIO-540 (depending on the airplane model) wide cylinder flange engine
with a front crankcase mounted propeller governor. AD 2013-22-23
resulted from mandatory continuing airworthiness information (MCAI)
issued by the aviation authority of another country to identify and
correct an unsafe condition on an aviation product. We issued the AD to
detect and

correct improper position of the set screw, which could lead to
complete loss of engine oil pressure and result in emergency landing.
Since we issued AD 2013-22-23, we have determined the unsafe condition
does not exist specific to the airplane design features.

DATES: This AD is effective July 11, 2014. We must receive comments on
this AD by August 25, 2014.

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.

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-2013-
0939; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The street address for the Docket Office (phone:
800-647-5527) is in the ADDRESSES section. Comments will be available
in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Mike Kiesov, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    On October 31, 2013, we issued AD 2013-22-23, Amendment 39-17655
(78 FR 68357; November 14, 2013). That AD required actions intended to
address an unsafe condition on AERMACCHI S.p.A. Models F.260, F.260B,
F.260C, F.260D, F.260E, F.260F, S.208, and S.208A airplanes equipped
with a Lycoming O-540, IO-540, or AEIO-540 (depending on the airplane
configuration) wide cylinder flange engine with a front crankcase
mounted propeller.
    AD 2013-22-23 (78 FR 68357; November 14, 2013) was based on
mandatory continuing airworthiness action (MCAA) by the State of Design
of these products. The European Aviation Safety Agency (EASA), which is
the Technical Agent for the Member States of the European Community,
has issued EASA AD No.: 2012-0228R1, dated November 13, 2012, to
address the above situation. You may examine the MCAI on the Internet
at http://www.regulations.gov by searching for and locating Docket No.
FAA-2013-0939.
    Since we issued AD 2013-22-23 (78 FR 68357; November 14, 2013), we
determined the unsafe condition does not exist specific to the airplane
design features. We will evaluate this condition at the engine level,
and we may take rulemaking action in the future.

FAA's Determination

    We are issuing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
specific to the engine design feature rather than the specific airplane
design feature. We will evaluate this condition further and may take
rulemaking action in the future.

AD Requirements

    This AD rescinds AD 2013-22-23, Amendment 39-17655 (78 FR 68357;
November 14, 2013).

FAA's Determination of the Effective Date

    Since we issued AD 2013-22-23 (78 FR 68357; November 14, 2013), we
determined the unsafe condition does not exist specific to the airplane
design features. We will evaluate this condition at the engine level,
and we may take rulemaking action in the future. Therefore, we find
that notice and opportunity to comment prior to adoption of this rule
are unnecessary and that good cause exists for making this amendment
effective in less than 30 days.

Comments Invited

    Although this is a final rule that was not preceded by notice and
an opportunity for public comment, we invite you to send any written
data, views, or arguments about this AD. Send your comments to an
address listed under the ADDRESSES section. Include the docket number
FAA-2013-0939 and Directorate Identifier 2013-CE- 043-AD at the
beginning of your comments. We specifically invite comments on the
overall regulatory, economic, environmental, and energy aspects of this
AD. We will consider all comments received by the closing date and may
amend this AD 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 AD.

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

    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 removing Airworthiness Directive (AD)
2013-22-23, Amendment 39-17655 (78 FR 68357; November 14, 2013) and
adding the following new AD:

2013-22-23 R1 AERMACCHI S.p.A.: Amendment 39-17881; Docket No. FAA-
2013-0939; Directorate Identifier 2013-CE-043-AD.

(a) Effective Date

    This AD is effective July 11, 2014.

(b) Affected ADs

    This AD rescinds AD 2013-22-23, Amendment 39-17655 (78 FR 68357;
November 14, 2013).

(c) Applicability

    This AD applies to the following AERMACCHI S.p.A. airplanes that
are certificated in any category:
    (1) Models F.260, F.260B, F.260C, F.260D, F.260E, and F.260F
airplanes, all serial numbers, that are equipped with either a
Lycoming O-540, IO-540, or AEIO-540 wide cylinder flange engine
(identified by the suffix ``A'' or ``E'' in the serial number) with
a front crankcase mounted propeller governor; and
    (2) Models S.208 and S.208A airplanes, all serial numbers, that
are equipped with a Lycoming O-540 wide cylinder flange engine
(identified by the suffix ``A'' or ``E'' in the serial number) with
a front crankcase mounted propeller governor.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 71: Powerplant.

    Issued in Kansas City, Missouri, on June 19, 2014.
Timothy Smyth,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-15528 Filed 7-10-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 116 (Friday, June 15, 2012)]
[Rules and Regulations]
[Pages 35855-35857]
[FR Doc No: 2012-14647]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-0251]
RIN 1625-AA00

Safety Zone, Temporary Change for Recurring Fifth Coast Guard
District Fireworks Displays; Northwest Harbor (East Channel) and Tred
Avon River, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is temporarily changing the enforcement
periods and regulated areas of safety zone regulations for two
recurring fireworks displays within the Fifth Coast Guard District.
This regulation applies to recurring fireworks display events that take
place at Baltimore, MD and Oxford, MD. Safety zone regulations are
necessary to provide for the safety of life on navigable waters during
the event. This action is intended to restrict vessel traffic in
portions of the Northwest Harbor (East Channel), Patapsco River, and
Tred Avon River during the event.

DATES: This rule is effective from 8 p.m. on June 16, 2012, until 10:30
p.m. on July 3, 2012.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-0251]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Ronald Houck, Sector Baltimore Waterways Management
Division, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing or submitting
material to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    On May 9, 2012, we published a notice of proposed rulemaking (NPRM)
entitled ``Safety Zone, Temporary Change for Recurring Fifth Coast
Guard District Fireworks Displays; Northwest Harbor (East Channel) and
Tred Avon River, MD'' in the Federal Register (77 FR 27159). We
received no comments on the proposed rule. No public meeting was
requested, and none was held.
    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. Due to the need for immediate
action, the restriction of vessel traffic is necessary to protect life,
property and the environment; therefore, a 30-day notice is
impracticable. Delaying the effective date would be contrary to the
safety zones' intended objectives of protecting persons and vessels
involved in the event, and enhancing public and maritime safety.

B. Basis and Purpose

    Fireworks display events are frequently held on or adjacent to
navigable waters within the boundary of the Fifth Coast Guard District.
For a description of the geographical area of each Coast Guard Sector--
Captain of the Port Zone, please see 33 CFR 3.25. This regulation
temporarily changes the enforcement period and regulated area for a
safety zone for two annually recurring fireworks events, described at
(b)(5) and (b)(21) of the Table to 33 CFR 165.506, that are normally
scheduled to occur each year on June 14th and June and July--Saturday
or Sunday before Independence Day holiday, respectively.
    On June 16, 2012, the American Flag Foundation will sponsor their
annual fireworks event. This event will take place in Baltimore, MD on
the waters of the Patapsco River. The regulation at 33 CFR 165.506 is
enforced annually for this event. Also, a fleet of spectator vessels is
expected to gather near the event site to view the fireworks. To
provide for the safety of participants, spectators, and transiting
vessels, the Coast Guard will temporarily restrict vessel traffic in
the event area from 8 p.m. to 10:30 p.m. on June 16, 2012. The
regulation at 33 CFR 165.506 will be enforced for the duration of the
event. Vessels may not enter the regulated area unless they receive
permission from the Coast Guard Captain of the Port

Baltimore or the designated on-scene patrol personnel.
    On July 3, 2012, the Tred Avon Yacht Club will sponsor their annual
fireworks event. This event will take place in Oxford, MD on the waters
of the Tred Avon River. The regulation at 33 CFR 165.506 is enforced
annually for this event. Also, a fleet of spectator vessels is expected
to gather near the event site to view the fireworks. To provide for the
safety of participants, spectators, and transiting vessels, the Coast
Guard will temporarily restrict vessel traffic in the event area from 8
p.m. to 10:30 p.m. on July 3, 2012. The regulation at 33 CFR 165.506
will be enforced for the duration of the event. Vessels may not enter
the regulated area unless they receive permission from the Coast Guard
Captain of the Port Baltimore or the designated on-scene patrol
personnel.

C. Discussion of Comments, Changes and the Final Rule

    The Coast Guard received no comments in response to the NPRM. No
public meeting was requested and none was held.

D. 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.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. Although this regulation
would restrict access to these areas, the effect of this rule will not
be significant because: (i) The safety zones will only be in effect
from 8 p.m. to 10:30 p.m. on June 16, 2012 and from 8 p.m. to 10:30
p.m. on July 3, 2012, (ii) the Coast Guard will give advance
notification via maritime advisories so mariners can adjust their plans
accordingly, and (iii) although the safety zone will apply to the
sections of the Patapsco River, Northwest Harbor (East Channel), and
the Tred Avon River, vessel traffic will be able to transit safely
around the safety zone.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The Coast Guard
received no comments from the Small Business Administration on this
rule. 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 would affect the following entities, some of
which might be small entities: The owners or operators of vessels
intending to transit or anchor in the effected portions of the Potomac
River and National Harbor Access Channel during the event. Although
this regulation prevents traffic from transiting specified portions of
the Patapsco River, Northwest Harbor (East Channel), from 8 p.m.
through 10:30 p.m. on June 16, 2012, and the Tred Avon River, from 8
p.m. through 10:30 p.m. on July 3, 2012. This safety zone will not have
a significant economic impact on a substantial number of small entities
for the following reasons: (i) The regulated areas are of limited size,
(ii) this rule will only be in effect for five hours total, and (iii)
although the safety zone will apply to a section of the Patapsco River
and Tred Avon River, vessel traffic will be able to transit safely
around the safety zone. Before the enforcement period, the Coast Guard
will issue maritime advisories widely available to users of the
waterway, to allow mariners to make alternative plans for transiting
the affected area.

3. Assistance for Small Entities

    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 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,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

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

5. Federalism

    A rule has implications for federalism under Executive Order 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 rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

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

7. 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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

8. Taking of Private Property

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

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. 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 determined
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 rule involves implementation of regulations at 33 CFR
part 165 that establish safety zones on navigable waters of the United
States for fireworks events. These safety zones are enforced for the
duration of fireworks display events. The fireworks are launched from
or immediately adjacent to navigable waters of the United States and
may have potential for negative impact on the safety or other interest
of waterway users and near shore activities in the event area. The
category of activities includes fireworks launched from barges at or
near the shoreline that generally rely on the use of navigable waters
as a safety buffer. This rule is categorically excluded from further
review under paragraph 34(g) of Figure 2-1 of the Commandant
Instruction. An environmental analysis checklist supporting this
determination and a Categorical Exclusion Determination are available
in the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. In Sec.  165.506, amend the table as follows:
0
a. Under ``(b) Coast Guard Sector Baltimore-COTP Zone,'' suspend number
5,
0
b. Under ``(b) Coast Guard Sector Baltimore-COTP Zone,'' suspend number
21, and
0
c. Under ``(b) Coast Guard Sector Baltimore-COTP Zone,'' add numbers 26
and 27, to read as follows:

Sec.  165.506  Safety Zones; Fifth Coast Guard District Fireworks
Displays.

* * * * *

  Table to Sec.   165.506--All Coordinates Listed in the Table to Sec.
                    165.506 Reference Datum NAD 1983
------------------------------------------------------------------------
   Number            Date            Location          Regulated area
------------------------------------------------------------------------
                 Coast Guard Sector Baltimore--COTP Zone
------------------------------------------------------------------------

                              * * * * * * *
26..........  June 16th, July    Northwest Harbor  All waters of the
               4th, September--   (East Channel),   Patapsco River
               2nd Saturday,      Patapsco River,   within a 200 yards
               December 31st.     MD, Safety Zone.  radius of the
                                                    fireworks barge in
                                                    approximate position
                                                    39[deg]15'54'' N,
                                                    076[deg]34'40'' W,
                                                    located adjacent to
                                                    the East Channel of
                                                    Northwest Harbor.
27..........  July 3rd.........  Tred Avon River,  All waters of the
                                  Oxford, MD,       Tred Avon River
                                  Safety Zone.      within a 150 yard
                                                    radius of the
                                                    fireworks barge in
                                                    approximate position
                                                    latitude
                                                    38[deg]41'24'' N,
                                                    longitude
                                                    076[deg]10'37'' W,
                                                    approximately 500
                                                    yards northwest of
                                                    the waterfront at
                                                    Oxford, MD.
------------------------------------------------------------------------

* * * * *

    Dated: June 4, 2012.
Mark P. O'Malley,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2012-14647 Filed 6-14-12; 8:45 am]
BILLING CODE 9110-04-P