[Federal Register Volume 80, Number 7 (Monday, January 12, 2015)]
[Notices]
[Pages 1502-1503]
[FR Doc No: 2015-00243]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2014-0523; FRL-9921-59-OEI]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; Air Stationary Source Compliance and
Enforcement Information Reporting (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency has submitted an
information collection request (ICR), ``Air Stationary Source
Compliance and Enforcement Information Reporting'' (EPA ICR No.
0107.11, OMB Control No. 2060-0096) to the Office of Management and
Budget (OMB) for review and approval in accordance with the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.). This is a proposed extension of
the ICR, which is currently approved through January 30, 2015. Public
comments were previously requested via the Federal Register (79 FR
49511) on August 21, 2014 during a 60-day comment period. This notice
allows for an additional 30 days for public comments. A fuller
description of the ICR is given below, including its estimated burden
and cost to the public. An Agency may not conduct or sponsor and a
person is not required to respond to a collection of information unless
it displays a currently valid OMB control number.

DATES: Additional comments may be submitted on or before February 11,
2015.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OECA-2014-0523, to (1) EPA online using www.regulations.gov (our
preferred method), by email to<EMAIL_ADDRESS>or by mail to: EPA
Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW., Washington, DC 20460, and (2) OMB via email to
<EMAIL_ADDRESS>Address comments to OMB Desk Officer for
EPA.
    EPA's policy is that all comments received will be included in the
public

docket without change including any personal information provided,
unless the comment includes profanity, threats, information claimed to
be Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: David A. Meredith, Enforcement
Targeting and Data Division, Office of Compliance, (2222A),
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents, which explain in
detail the information that the EPA will be collecting, are available
in the public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Abstract: Air Stationary Source Compliance and Enforcement
Information Reporting is an activity whereby State, Local, Tribal,
Territorial and Commonwealth governments (hereafter referred to as
``delegated agencies'') report air stationary source compliance and
enforcement information to the U.S. Environmental Protection Agency
(the EPA or the Agency) on a regular basis. The information is provided
to the EPA via input to the Integrated Compliance Information System
(ICIS). ICIS replaced the Air Facility System (AFS) as the database of
record for this information. The modules within ICIS that are used to
report Air related data are collectively referred to as ICIS-Air. The
majority of delegated agencies maintain their own data systems and
extract data from it and report it to ICIS either electronically or
manually. A small number of delegated agencies use ICIS as their only
data system. The information provided to the EPA includes source
information, compliance monitoring activities, violation
determinations, and enforcement activities. The EPA uses this
information to assess the health of the compliance and enforcement
program established under the Clean Air Act (CAA).
    Form Numbers: None.
    Respondents/affected entities: The respondents for the information
collection activity are state, local, territorial, and tribal delegated
agencies. These agencies are classified in NAICS 924110. Source
compliance data assembled by delegated agencies covers numerous NAICS
categories. The total number of respondents is 99 (50 states, the
District of Columbia, Puerto Rico, the Virgin Islands, Guam, American
Samoa, the Mariana Protectorate and 43 local air pollution control
agencies).
    Respondent's obligation to respond: Mandatory. The CAA calls for
state, local, federal and tribal governments to implement the Act in
partnership to reduce pollution. It is well understood that working
closely with government partners leads to better programs that are more
effective and efficient. For regulatory programs, EPA often has
discussions early in the rulemaking process with government partners
(federal, state, local and tribal) and with interested parties such as
affected industries, environmental groups, and communities. After a
rule is complete, EPA works with government partners and stakeholders
to achieve effective implementation. This ICR supports the partnership
established for CAA program implementation by facilitating regular
information exchange. Section 114(a)(1) of the CAA, 42 U.S.C.
7414(a)(1), establishes that EPA may request information on a one-time,
periodic or continuous basis for the purpose of carrying out any
provision of the Act. Individually, certain provisions of the Act and
its implementing regulations include specific language for the
collection of some of the information requested by this ICR. For
example, 110(p) of the CAA, 42 U.S.C. 7410(p), establishes that EPA may
request information to assess the implementation of any state
implementation plan. 40 CFR 70.4(j)(1) (title V) requires that any
information obtained or used in the administration of a title V permit
program be available to EPA. This ICR encompasses this information in
addition to information that assists with carrying out additional
provisions of the Act. Related provisions include but are not limited
to New Source Performance Standards (NSPS) in 40 CFR part 60, National
Emission Standards for Hazardous Air Pollutants (NESHAP) in 40 CFR part
61 and part 63, and New Source Review (NSR) permitting regulations in
40 CFR part 51 and part 52. The periodic reporting of regulated source
information, compliance monitoring, violation determination, and
enforcement information is the subject of this renewal ICR.
    Estimated number of respondents: 99.
    Frequency of response: Every 60 days at minimum.
    Total estimated burden: 51,413 hours (per year). Burden is defined
at 5 CFR 1320.03(b).
    Total estimated cost: $2,688,900 (per year).
    Changes in the Estimates: There is a decrease of 2,971 hours in the
total estimated respondent burden compared with the ICR currently
approved by OMB. This decrease is as a result of slight shifts in the
distribution of agencies by size, due to a continued reduction in the
universe of major air sources.

Courtney Kerwin,
Acting Director, Collection Strategies Division.
[FR Doc. 2015-00243 Filed 1-9-15; 8:45 am]
BILLING CODE P


[Federal Register Volume 79, Number 249 (Tuesday, December 30, 2014)]
[Notices]
[Pages 78556-78557]
[FR Doc No: 2014-30247]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2014-0011-N-24]

Proposed Agency Information Collection Activities; Comment
Request

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

ACTION: Notice and request for comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, this
notice announces that the renewal Information Collection Requests
(ICRs) abstracted below arebeing forwarded to the Office of Management
and Budget (OMB) for review and comment. The ICRs describes the nature
of the information collection and its expected burden. The Federal
Register notice with a 60-day comment period soliciting comments on the
following collection of information was published on October 17, 2014
(79 FR 62513).

DATES: Comments must be submitted on or before January 29, 2015.

FOR FURTHER INFORMATION CONTACT:  Mr. Robert Brogan, Office of Planning
and Evaluation Division, RRS-21, Federal Railroad Administration, 1200
New Jersey Ave. SE., Mail Stop 25, Washington, DC 20590 (Telephone:
(202) 493-6292), or Ms. Kimberly Toone, Office of Information
Technology, RAD-20, Federal Railroad Administration, 1200 New Jersey
Ave. SE., Mail Stop 35, Washington, DC 20590 (Telephone: (202) 493-
6132). (These telephone numbers are not toll-free.)

SUPPLEMENTARY INFORMATION:  The Paperwork Reduction Act of 1995 (PRA),
Public Law 104-13, sec. 2, 109 Stat. 163 (1995) (codified as revised at
44 U.S.C. 3501-3520), and its implementing regulations, 5 CFR part
1320, require Federal agencies to issue two notices seeking public
comment on information collection activities before OMB may approve
paperwork packages. 44 U.S.C. 3506, 3507; 5 CFR 1320.5, 1320.8(d)(1),
1320.12. On October 17, 2014, FRA published a 60-day notice in the
Federal Register soliciting comment on ICR that the agency is seeking
OMB approval. See 79 FR 62513. FRA received no comments in response to
this notice.
    Before OMB decides whether to approve these proposed collections of
information, it must provide 30 days for public comment. 44 U.S.C.
3507(b); 5 CFR 1320.12(d). Federal law requires OMB to approve or
disapprove paperwork packages between 30 and 60 days after the 30 day
notice is published. 44 U.S.C. 3507 (b)-(c); 5 CFR 1320.12(d); see also
60 FR 44978, 44983, Aug. 29, 1995. OMB believes that the 30 day notice
informs the regulated community to file relevant comments and affords
the agency adequate time to digest public comments before it renders a
decision. 60 FR 44983, Aug. 29, 1995. Therefore, respondents should

submit their respective comments to OMB within 30 days of publication
to best ensure having their full effect. 5 CFR 1320.12(c); see also 60
FR 44983, Aug. 29, 1995.
    The summary below describes the nature of the information
collection requests (ICRs) and the expected burden. The revised request
is being submitted for clearance by OMB as required by the PRA.
    Title: Inspection Brake System Safety Standards for Freight and
Other Non-Passenger Trains and Equipment (Power Brakes and Drawbars).
    OMB Control Number: 2130-0008.
    Abstract: Section 7 of the Rail Safety Enforcement and Review Act
of 1992, Public Law 102-365, amended Section 202 of the Federal
Railroad Safety Act of 1970 (45 U.S.C. 421, 431 et seq.), empowered the
Secretary of Transportation to conduct a review of the Department's
rules with respect to railroad power brakes and, where applicable,
prescribe standards regarding dynamic brake equipment. In keeping with
the Secretary's mandate and the authority delegated from him to the FRA
Administrator, FRA issued revisions to the regulations governing
freight power brakes and equipment in October 2008 by adding a new
subpart addressing electronically controlled pneumatic (ECP) brake
systems. The revisions are designed to provide for and encourage the
safe implementation and use of ECT brake system technologies. These
revisions contain specific requirements relating to design,
interoperability, training, inspection, testing, handling defective
equipment and periodic maintenance related to ECP brake systems. The
final rule also identifies provisions of the existing regulations and
statutes where FRA is proposing to provide flexibility to facilitate
the voluntary adoption of this advanced brake system technology. The
collection of information is used by FRA to monitor and enforce current
regulatory requirements related to power brakes on freight cars as well
as the recently added requirements related to ECP brake systems. The
collection of information is also used by locomotive engineers and road
crews to verify that the terminal air brake test has been performed in
a satisfactory manner.
    Type of Request: Extension without change of a currently approved
information collection.
    Affected Public: Businesses (Railroads).
    Form(s): N/A.
    Annual Estimated Burden: 991,451 hours.
    Title: Occupational Noise Exposure for Railroad Operating
Employees.
    OMB Control Number: 2130-0571.
    Abstract: The collection of information is used by FRA to ensure
that railroads covered by this rule establish and implement--by
specified dates--noise monitoring, hearing conservation, and
audiometric testing programs, as well as hearing conservation training
programs, to protect their employees against the damaging and
potentially dangerous effects of excessive noise in the everyday rail
environment.
    Type of Request: Extension with change of a currently approved
information collection.
    Affected Public: Businesses (Railroads).
    Form(s): N/A.
    Annual Estimated Burden: 30,331 hours.
    Addressee: Send comments regarding these information collections to
the Office of Information and Regulatory Affairs, Office of Management
and Budget, 725 Seventeenth Street NW., Washington, DC, 20503,
Attention: FRA Desk Officer. Comments may also be sent via email to OMB
at the following address<EMAIL_ADDRESS>    Comments are invited on the following: Whether the proposed
collections of information are necessary for the proper performance of
the functions of the Department, including whether the information will
have practical utility; the accuracy of the Department's estimates of
the burden of the proposed information collections; ways to enhance the
quality, utility, and clarity of the information to be collected; and
ways to minimize the burden of the collections of information on
respondents, including the use of automated collection techniques or
other forms of information technology.
    A comment to OMB is best assured of having its full effect if OMB
receives it within 30 days of publication of this notice in the Federal
Register.

    Authority:  44 U.S.C. 3501-3520.

Rebecca Pennington,
Chief Financial Officer.
[FR Doc. 2014-30247 Filed 12-29-14; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 82, Number 247 (Wednesday, December 27, 2017)]
[Notices]
[Pages 61285-61286]
[FR Doc No: 2017-27900]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: EC18-37-000.
    Applicants: Shoreham Solar Commons LLC.
    Description: Application for Approval of the Disposition of
Jurisdictional Facilities under Section 203 of the Federal Power Act of
Shoreham Solar Commons LLC.
    Filed Date: 12/19/17.
    Accession Number: 20171219-5217.
    Comments Due: 5 p.m. ET 1/9/18.

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

    Docket Numbers: ER10-1350-006.
    Applicants: Entergy Services, Inc.
    Description: Entergy Services, Inc., as agent for the Entergy
Operating Companies submits filing per 35.19a(b): Refund Report to be
effective N/A.
    Filed Date: 12/18/17.
    Accession Number: 20171218-5269.
    Comments Due: 5 p.m. ET 1/8/18.

    Docket Numbers: ER13-136-004; ER13-135-004; ER13-137-004; ER13-138-
004; ER13-141-004; ER13-142-004.
    Applicants: Georgia-Pacific Brewton LLC.
    Description: Triennial Market-Power Analyses of the Georgia-Pacific
Entities in the Southeast Region.
    Filed Date: 12/19/17.
    Accession Number: 20171219-5242.
    Comments Due: 5 p.m. ET 2/20/18.

    Docket Numbers: ER15-1905-007.
    Applicants: Amazon Energy LLC.
    Description: Notice of Change in Status of Amazon Energy LLC.
    Filed Date: 12/19/17.
    Accession Number: 20171219-5241.
    Comments Due: 5 p.m. ET 1/9/18.

    Docket Numbers: ER17-1562-001.
    Applicants: Energy Unlimited, Inc.
    Description: Compliance filing: Energy Unlimited Inc MBR Tariff
Update to be effective 2/19/2018.
    Filed Date: 12/19/17.
    Accession Number: 20171219-5204.
    Comments Due: 5 p.m. ET 1/9/18.

    Docket Numbers: ER17-2201-003; ER13-1536-015; ER10-2192-031; ER10-
2178-031; ER10-2181-035; ER10-2182-034.
    Applicants: Exelon FitzPatrick, LLC, Exelon Generation Company,
LLC, Constellation Energy Commodities Group Maine, LLC, Constellation
NewEnergy, Inc., Nine Mile Point Nuclear Station, LLC, R.E. Ginna
Nuclear Power Plant, LLC.
    Description: Notice of Non-Material Change in Status of Exelon
FitzPatrick, LLC, et. al.
    Filed Date: 12/19/17.
    Accession Number: 20171219-5240.
    Comments Due: 5 p.m. ET 1/9/18.

    Docket Numbers: ER18-210-002.
    Applicants: Emera Maine.
    Description: Tariff Amendment: Request to Lift Stay and Answer
Protest ER18-210-000 to be effective 1/1/2018.
    Filed Date: 12/19/17.
    Accession Number: 20171219-5195.
    Comments Due: 5 p.m. ET 1/9/18.

    Docket Numbers: ER18-215-001.
    Applicants: Interstate Power and Light Company.
    Description: Supplement to December 18, 2017 Interstate Power and
Light Company tariff filing (Certificate of Service).
    Filed Date: 12/19/17.
    Accession Number: 20171219-5230.
    Comments Due: 5 p.m. ET 12/26/17.

    Docket Numbers: ER18-455-001.
    Applicants: ISO New England Inc.
    Description: Tariff Amendment: Errata to Filing Re: CSO Transfer
Improvements--ER18-455-000 to be effective 3/1/2018.
    Filed Date: 12/20/17.
    Accession Number: 20171220-5047.
    Comments Due: 5 p.m. ET 1/10/18.

    Docket Numbers: ER18-475-000.
    Applicants: The Potomac Edison Company, Monongahela Power Company,
Virginia Electric and Power Company, PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: VEPCO, Potomac and
Monongahela submit Interconnection Agreement SA No. 4874 to be
effective 2/20/2018.

    Filed Date: 12/20/17.
    Accession Number: 20171220-5029.
    Comments Due: 5 p.m. ET 1/10/18.

    Docket Numbers: ER18-476-000.
    Applicants: Nevada Power Company.
    Description: Notices of Cancellation of Rate Schedule No. 69, et
al. of Nevada Power Company.
    Filed Date: 12/19/17.
    Accession Number: 20171219-5227.
    Comments Due: 5 p.m. ET 1/9/18.

    Docket Numbers: ER18-477-000.
    Applicants: Alabama Power Company.
    Description: Sec.  205(d) Rate Filing: Russell County Solar LGIA
Filing to be effective 12/11/2017.
    Filed Date: 12/20/17.
    Accession Number: 20171220-5075.
    Comments Due: 5 p.m. ET 1/10/18.

    Docket Numbers: ER18-478-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 1276R15 KCPL NITSA NOA to be
effective 12/1/2017.
    Filed Date: 12/20/17.
    Accession Number: 20171220-5077.
    Comments Due: 5 p.m. ET 1/10/18.

    Docket Numbers: ER18-479-000.
    Applicants: California Independent System Operator Corporation.
    Description: Tariff Cancellation: 2017-12-20 Notice of
Cancellation--EIM Implementation Agreement with PacifiCorp to be
effective 2/19/2018.
    Filed Date: 12/20/17.
    Accession Number: 20171220-5107.
    Comments Due: 5 p.m. ET 1/10/18.

    Docket Numbers: ER18-480-000.
    Applicants: Mid-Atlantic Interstate Transmission, LLC, American
Transmission Systems, Incorporated, PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: MAIT and ATSI submit ECSA
Nos. 4719, 4720 and 4800 to be effective 2/19/2018.
    Filed Date: 12/20/17.
    Accession Number: 20171220-5108.
    Comments Due: 5 p.m. ET 1/10/18.

    Docket Numbers: ER18-481-000.
    Applicants: California Independent System Operator Corporation.
    Description: Tariff Cancellation: 2017-12-20 Notice of
Cancellation--EIM Implementation Agreement with NV Energy to be
effective 2/19/2018.
    Filed Date: 12/20/17.
    Accession Number: 20171220-5113.
    Comments Due: 5 p.m. ET 1/10/18.

    Docket Numbers: ER18-482-000.
    Applicants: Public Service Company of Colorado.
    Description: Sec.  205(d) Rate Filing: OATT Att O-PSCo
Depreciation, Tbl 25 Filing to be effective 5/1/2018.
    Filed Date: 12/20/17.
    Accession Number: 20171220-5116.
    Comments Due: 5 p.m. ET 1/10/18.

    Docket Numbers: ER18-483-000.
    Applicants: Public Service Company of Colorado.
    Description: Sec.  205(d) Rate Filing: 20171220_Depreciation Filing
to be effective 5/1/2018.
    Filed Date: 12/20/17.
    Accession Number: 20171220-5148.
    Comments Due: 5 p.m. ET 1/10/18.

    Docket Numbers: ER18-484-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: PJM submits Revisions to OA
section 18.17.7 re: Generator Data Confidentiality to be effective 2/
19/2018.
    Filed Date: 12/20/17.
    Accession Number: 20171220-5154.
    Comments Due: 5 p.m. ET 1/10/18.

    Docket Numbers: ER18-485-000.
    Applicants: Duke Energy Progress, LLC.
    Description: Sec.  205(d) Rate Filing: DEP-NCEMC PSCA RS No. 182
(5th Amended) to be effective 1/1/2018.
    Filed Date: 12/20/17.
    Accession Number: 20171220-5156.
    Comments Due: 5 p.m. ET 1/10/18.

    Docket Numbers: ER18-486-000.
    Applicants: Allegheny Generating Company.
    Description: Baseline eTariff Filing: Baseline new to be effective
2/16/2018.
    Filed Date: 12/20/17.
    Accession Number: 20171220-5196.
    Comments Due: 5 p.m. ET 1/10/18.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: December 20, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-27900 Filed 12-26-17; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 169 (Thursday, August 30, 2018)]
[Rules and Regulations]
[Pages 44238-44241]
[FR Doc No: 2018-18796]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 206

[Docket ID: FEMA-2018-0015]
RIN 1660-AA94

Removal of Dispute Resolution Pilot Program for Public Assistance
Appeals

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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SUMMARY: The Federal Emergency Management Agency (FEMA) is removing its
regulations regarding its Dispute Resolution Pilot Program (DRPP) for
the Public Assistance Program. The statutory authority for the DRPP
sunset on December 31, 2015.

DATES: This rule is effective August 30, 2018.

ADDRESSES: The docket for this rulemaking is available for inspection
using the Federal eRulemaking Portal at http://www.regulations.gov and
can be viewed by following that website's instructions.

FOR FURTHER INFORMATION CONTACT: Liza Davis, Associate Chief Counsel,
Regulatory Affairs, Office of Chief Counsel, Federal Emergency
Management Agency, 500 C Street SW,

Washington, DC 20472,<PHONE_NUMBER>, or (email) [email protected].

SUPPLEMENTARY INFORMATION: Section 1105 of the Sandy Recovery
Improvement Act of 2013 (SRIA), Public Law 113-2, 127 Stat. 43 (Jan.
29, 2013), 42 U.S.C. 5189a note, directed FEMA to establish a Dispute
Resolution Pilot Program (DRPP). The DRPP allowed applicants to choose
arbitration by an independent review panel in lieu of a second appeal
to resolve disputes relating to Public Assistance projects. FEMA
published a final rule on August 16, 2013 (78 FR 49950) to establish
the DRPP. The regulation is located at 44 CFR 206.210.
    Under section 1105 of SRIA, the authority to accept requests for
arbitration pursuant to the DRPP sunset on December 31, 2015. FEMA did
not receive any requests for arbitration under the DRPP. As the
authority for the DRPP has sunset, FEMA is now removing the regulations
from the CFR.

Regulatory Analysis

Administrative Procedure Act

    The Administrative Procedure Act (APA) generally requires agencies
to publish a notice of proposed rulemaking in the Federal Register and
provide interested persons the opportunity to submit comments. See 5
U.S.C. 553(b) and (c). The APA provides an exception to this
requirement for rules of agency organization, procedure, or practice. 5
U.S.C. 553(b)(A). The final rule that established 44 CFR 206.210 was a
rule of agency organization, procedure, or practice, and was
promulgated without notice and comment rulemaking. This removal of that
rule is also a rule of agency organization, procedure, or practice.
Removing these regulations is consistent with FEMA's current statutory
authority and does not affect the substantive rights or interests of
the public.
    The APA also provides an exception from notice and comment
procedures when an agency finds for good cause that those procedures
are impracticable, unnecessary, or contrary to the public interest. 5
U.S.C. 553(b)(B). FEMA finds good cause to issue this rule without
prior notice or comment, as such procedures are unnecessary. The
removal of these regulations would have no substantive effect on the
public because the statutory authority for the DRPP has sunset.
    The APA generally requires that substantive rules incorporate a 30-
day delayed effective date. 5 U.S.C. 553(d). This rule, however, is
merely procedural and does not impose substantive requirements; thus,
FEMA finds that a delayed effective date is unnecessary.

Executive Orders 12866, 13563, and 13771

    Executive Orders 12866 (``Regulatory Planning and Review'') and
13563 (``Improving Regulation and Regulatory Review'') direct agencies
to assess the costs and benefits of available regulatory alternatives
and, if regulation is necessary, to select regulatory approaches that
maximize net benefits (including potential economic, environmental,
public health and safety effects, distributive impacts, and equity).
Executive Order 13563 emphasizes the importance of quantifying both
costs and benefits, of reducing costs, of harmonizing rules, and of
promoting flexibility. Executive Order 13771 (``Reducing Regulation and
Controlling Regulatory Costs'') directs agencies to reduce regulation
and control regulatory costs and provides that ``for every one new
regulation issued, at least two prior regulations be identified for
elimination, and that the cost of planned regulations be prudently
managed and controlled through a budgeting process.''
    The Office of Management and Budget (OMB) has not designated this
rule a significant regulatory action under section 3(f) of Executive
Order 12866. Accordingly, OMB has not reviewed it. As this rule is not
a significant regulatory action, this rule is exempt from the
requirements of Executive Order 13771. See OMB's Memorandum ``Guidance
Implementing Executive Order 13771, Titled `Reducing Regulation and
Controlling Regulatory Costs' '' (April 5, 2017).
    SRIA included a sunset provision of December 31, 2015 for the DRPP.
Accordingly, the program is discontinued and there are no costs or cost
savings associated with removing the regulations regarding the DRPP.
This rule's benefits include a more streamlined CFR that reflects
current program options.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612), and
section 213(a) of the Small Business Regulatory Enforcement Fairness
Act of 1996, Public Law 104-121, 110 Stat. 847, 858-9 (Mar. 29, 1996)
(5 U.S.C. 601 note) require that special consideration be given to the
effects of regulations on small entities. The RFA applies only when an
agency is ``required by section 553 . . . to publish general notice of
proposed rulemaking for any proposed rule.'' 5 U.S.C. 603(a). An RFA
analysis is not required for this rulemaking because FEMA is not
required to publish a notice of proposed rulemaking.

Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 658, 1501-1504,
1531-1536, 1571, pertains to any rulemaking which is likely to result
in the promulgation of any rule that includes a Federal mandate that
may result in the expenditure by State, local, and Tribal governments,
in the aggregate, or by the private sector, of $100 million (adjusted
annually for inflation) or more in any one year. If the rulemaking
includes a Federal mandate, the Act requires an agency to prepare an
assessment of the anticipated costs and benefits of the Federal
mandate. The Act also pertains to any regulatory requirements that
might significantly or uniquely affect small governments. Before
establishing any such requirements, an agency must develop a plan
allowing for input from the affected governments regarding the
requirements.
    FEMA has determined that this rulemaking will not result in the
expenditure by State, local, and tribal governments, in the aggregate,
nor by the private sector, of $100,000,000 or more in any one year as a
result of a Federal mandate, and it will not significantly or uniquely
affect small governments. Therefore, no actions are deemed necessary
under the provisions of the Unfunded Mandates Reform Act of 1995.

Paperwork Reduction Act of 1995

    As required by the Paperwork Reduction Act of 1995 (PRA), Public
Law 104-13, 109 Stat. 163, (May 22, 1995) (44 U.S.C. 3501 et seq.),
FEMA may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless the collection of
information displays a valid control number.
    Due to this final rule, FEMA will remove FEMA Form 055-0-0-1,
Request for Arbitration and Recommendation resulting from Dispute
Resolution Pilot Program from information collection, OMB Control
Number 1660-0017, Public Assistance Program. Since the program is
discontinued, the form is no longer required, and FEMA is removing the
associated hour burden estimates which equal 60 hours. Thus, the total
hour burden for this collection is being reduced from 425,736 to
425,676.

Collection of Information

    Title: Public Assistance Program.
    OMB Number: 1660-0017.

    FEMA Forms: FEMA Form 009-0-49 Request for Public Assistance; FEMA
Form 009-0-91 Project Worksheet (PW); FEMA Form 009-0-91A Project
Worksheet (PW)--Damage Description and Scope of Work Continuation
Sheet; FEMA Form 009-0-91B Project Worksheet (PW)--Cost Estimate
Continuation Sheet; FEMA Form 009-0-91C Project Worksheet (PW)--Maps
and Sketches Sheet; FEMA Form 009-0-91D Project Worksheet (PW)--Photo
Sheet; FEMA Form 009-0-120 Special Considerations Questions; FEMA Form
009-0-121 PNP Facility Questionnaire; FEMA Form 009-0-123 Force Account
Labor Summary Record; FEMA Form 009-0-124 Materials Summary Record;
FEMA Form 009-0-125 Rented Equipment Summary Record; FEMA Form 009-0-
126 Contract Work Summary Record; FEMA Form 009-0-127 Force Account
Equipment Summary Record; FEMA Form 009-0-128 Applicant's Benefits
Calculation Worksheet; and FEMA Form 009-0-111, Quarterly Progress
Reports.
    Abstract: The information collected is utilized by FEMA to make
determinations for Public Assistance grants based on the information
supplied by the respondents.
    Affected Public: State, Local or Tribal government.
    Estimated Number of Respondents: 1012.
    Estimated Number of Responses: 398,068.
    Estimated Total Annual Burden Hours: 425,676.
    Estimated Total Annual Respondent Cost: The estimated annual cost
to respondents for the hour burden is $26,306,779.
    Estimated Respondents' Operation and Maintenance Costs: None.
    Estimated Respondents' Capital and Start-Up Costs: None.
    Estimated Total Annual Cost to the Federal Government: $805,311.96.

Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments

    Executive Order 13175, ``Consultation and Coordination With Indian
Tribal Governments,'' 65 FR 67249, November 9, 2000, applies to agency
regulations that have Tribal implications, that is, regulations that
have substantial direct effects 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. Under this Executive Order, to the extent
practicable and permitted by law, no agency shall promulgate any
regulation that has Tribal implications, that imposes substantial
direct compliance costs on Indian Tribal governments, and that is not
required by statute, unless funds necessary to pay the direct costs
incurred by the Indian Tribal government or the Tribe in complying with
the regulation are provided by the Federal Government, or the agency
consults with Tribal officials.
    FEMA is removing the DRPP regulations, whose legislative authority
has sunset. The removal of these regulations will have no substantive
effect on the public since the statutory authority for the program has
sunset and will not affect the substantive rights or interests of
Indian Tribal governments.

Executive Order 13132, Federalism

    Executive Order 13132, ``Federalism,'' 64 FR 43255, August 10,
1999, sets forth principles and criteria that agencies must adhere to
in formulating and implementing policies that have federalism
implications, that is, regulations that have substantial direct effects
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. Federal agencies must closely examine
the statutory authority supporting any action that would limit the
policymaking discretion of the States, and to the extent practicable,
must consult with State and local officials before implementing any
such action.
    FEMA has determined that this rulemaking does 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, and
therefore does not have federalism implications as defined by the
Executive Order.

National Environmental Policy Act of 1969 (NEPA)

    Under the National Environmental Policy Act of 1969 (NEPA), as
amended, 42 U.S.C. 4321 et seq., an agency must prepare an
environmental assessment or environmental impact statement for any
rulemaking that significantly affects the quality of the human
environment. FEMA has determined that this rulemaking does not
significantly affect the quality of the human environment and
consequently has not prepared an environmental assessment or
environmental impact statement.
    Rulemaking is a major Federal action subject to NEPA. Categorical
exclusion A3 included in the list of exclusion categories at Department
of Homeland Security Instruction Manual 023-01-001-01, Revision 01,
Implementation of the National Environmental Policy Act, Appendix A,
issued November 6, 2014, covers the promulgation of rules, issuance of
rulings or interpretations, and the development and publication of
policies, orders, directives, notices, procedures, manuals, and
advisory circulars if they meet certain criteria provided in A3(a-f).
This rule meets Categorical Exclusion A3(a), which covers rules of a
strictly administrative or procedural nature.

Congressional Review of Agency Rulemaking

    Under the Congressional Review of Agency Rulemaking Act (CRA), 5
U.S.C. 801-808, before a rule can take effect, the Federal agency
promulgating the rule must submit to Congress and to the Government
Accountability Office (GAO) a copy of the rule; a concise general
statement relating to the rule, including whether it is a major rule;
the proposed effective date of the rule; a copy of any cost-benefit
analysis; descriptions of the agency's actions under the Regulatory
Flexibility Act and the Unfunded Mandates Reform Act; and any other
information or statements required by relevant executive orders.
    FEMA has sent this final rule to the Congress and to GAO pursuant
to the CRA. The rule is not a ``major rule'' within the meaning of the
CRA. It will not have an annual effect on the economy of $100,000,000
or more; it will not result in a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions; and it will not have significant
adverse effects on competition, employment, investment, productivity,
innovation, or on the ability of United States-based enterprises to
compete with foreign-based enterprises in domestic and export markets.

List of Subjects in 44 CFR Part 206

    Administrative practice and procedure, Coastal zone, Community
facilities, Disaster assistance, Fire prevention, Grant programs--
housing and community development, Housing, Insurance,
Intergovernmental relations, Loan programs--housing and community
development, Natural resources, Penalties, Reporting and recordkeeping
requirements.

    For the reasons set forth in the preamble, the Federal Emergency
Management Agency amends 44 CFR part 206 as set forth below:

PART 206--FEDERAL DISASTER ASSISTANCE

0
1. The authority citation for part 206 is revised to read as follows:

    Authority: Robert T. Stafford Disaster Relief and Emergency
Assistance Act, 42 U.S.C. 5121 through 5207; Homeland Security Act
of 2002, 6 U.S.C. 101 et seq.; Department of Homeland Security
Delegation 9001.1.

Sec.  206.210   [Removed and Reserved]

0
2. Remove Sec.  206.210.

    Dated: August 23, 2018.
Brock Long,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2018-18796 Filed 8-29-18; 8:45 am]
 BILLING CODE 9110-11-P


[Federal Register Volume 79, Number 176 (Thursday, September 11, 2014)]
[Notices]
[Page 54344]
[FR Doc No: 2014-21617]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2009-0096]

Petition for Amending Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), this document provides the public notice that by a letter dated
April 10, 2014, the NJ Transit Rail Operation (NJTR) has petitioned the
Federal Railroad Administration (FRA) for an extension of a waiver
granted in Docket Number FRA-2009-0096 on November 18, 2009, that
provided relief from certain provisions of the Federal railroad safety
regulations contained at 49 CFR part 240, Qualification and
Certification of Locomotive Engineers, for a period of 5 years. The
waiver extension would be contingent on the railroad's continued
participation in the Confidential Close Call Reporting System (C3RS)
pilot project.
    The April 10, 2014, letter provides that the Implementing
Memorandum of Agreement (IMOU) dated June 11, 2009, and all subsequent
amendments that govern the C3RS pilot program will be modified and
replaced. The new IMOU is dated August 20,
    2014, and is based on a revised template provided by FRA. The new
IMOU provides similar provisions to those of the current IMOU with
three changes:
    1. The addition of Article 3.2 will extend protections to tenant
locomotive engineers and conductors in tenant/host operations on the
NJTR system.
    2. Article 6.4 will permit relief for all covered events under the
FRA reporting threshold pursuant with 49 CFR 225, Railroad Accidents/
Incidents: Reports Classification, and Investigation.
    3. The National Aeronautics and Space Administration will replace
the Bureau of Transportation Statistics as the third participating
party.
    NJTR; the Brotherhood of Locomotive Engineers and Trainmen; and
Sheet Metal, Air, Rail and Transportation Workers Transportation
Division seek to shield the reporting employees and the railroad from
punitive sanctions that would otherwise arise as provided in selected
sections of 49 CFR 240.307, Revocation of certification, to encourage
locomotive engineer reporting of close calls and to protect locomotive
engineers and NJTR from discipline or sanctions arising from the
incidents reported pursuant to the new IMOU.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue SE., W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received within October 14, 2014 of the date of this
notice will be considered by FRA before final action is taken. Comments
received after that date will be considered as far as practicable.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the document,
if submitted on behalf of an association, business, labor union, etc.).
See http://www.regulations.gov/#!privacyNotice for the privacy notice
    of regulations.gov or interested parties may review DOT's complete
Privacy Act Statement in the Federal Register published on April 11,
2000 (65 FR 19477).

    Issued in Washington, DC, on September 4, 2014.
Ron Hynes,
Director, Office of Technical Oversight.
[FR Doc. 2014-21617 Filed 9-10-14; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register: August 27, 2009 (Volume 74, Number 165)]
[Notices]
[Page 43695]
[DOCID:fr27au09-69]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PR09-29-000]

Cypress Gas Pipeline, LLC; Notice of Technical Conference

August 20, 2009.
    Take notice that the Commission will convene a technical conference
in the above-captioned proceeding on Thursday, August 27, 2009, at 10
a.m. (EDT), in a room to be designated at the offices of the Federal
Energy Regulatory Commission (Commission), 888 First Street, NE.,
Washington, DC. 20426.
    Cypress Gas Pipeline, LLC (Cypress) has requested a technical
conference to discuss additional data it is submitting which will
revise its Petition for Rate Approval filed July 13, 2009. At the
conference, Commission Staff and interested persons will have the
opportunity to discuss the additional data being submitted by Cypress.
Cypress should be prepared to address all of the above-mentioned
subject matter, and to provide, as necessary, additional support for
its filing.
    FERC conferences are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations please
send an e-mail to<EMAIL_ADDRESS>or call toll free (866) 208-
3372 (voice) or<PHONE_NUMBER> (TTY), or send a fax to<PHONE_NUMBER> with
the required accommodations.
    All interested parties and staff are permitted to attend. For
further information please contact Greg Kusel at<PHONE_NUMBER> or e-
mail at<EMAIL_ADDRESS>
Kimberly D. Bose,
Secretary.
[FR Doc. E9-20650 Filed 8-26-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: July 25, 2008 (Volume 73, Number 144)]
[Rules and Regulations]
[Page 43352]
[DOCID:fr25jy08-6]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-0448; Airspace Docket No. 08-AAL-9]

Revision of Class E Airspace; Gulkana, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action revises Class E airspace at Gulkana, AK to provide
adequate controlled airspace to contain aircraft executing Standard
Instrument Approach Procedures (SIAPs). Two SIAPs are being amended for
the Gulkana Airport. This action revises existing Class E airspace
upward from 700 feet (ft.) and 1,200 ft. above the surface at Gulkana
Airport, Gulkana, AK. The present Class E2 Surface Area is not being
amended.

DATES: Effective Date: 0901 UTC, September 25, 2008. The Director of
the Federal Register approves this incorporation by reference action
under title 1, Code of Federal Regulations, part 51, subject to the
annual revision of FAA Order 7400.9 and publication of conforming
amendments.

FOR FURTHER INFORMATION CONTACT: Gary Rolf, AAL-538G, Federal Aviation
Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513-7587;
telephone number<PHONE_NUMBER>; fax:<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>Internet address: http://www.alaska.faa.gov/at.

SUPPLEMENTARY INFORMATION:

History

    On Thursday May 29, 2008, the FAA proposed to amend part 71 of the
Federal Aviation Regulations (14 CFR part 71) to revise Class E
airspace upward from 700 ft. above the surface and from 1,200 ft. above
the surface at Gulkana, AK (73 FR 30828). The action was proposed in
order to create Class E airspace sufficient in size to contain aircraft
while executing instrument procedures for the Gulkana Airport. Class E
controlled airspace extending upward from 700 ft. and 1,200 ft. above
the surface in the Gulkana Airport area is revised by this action.
    Interested parties were invited to participate in this rulemaking
proceeding by submitting written comments on the proposal to the FAA.
No comments were received. The rule is adopted as proposed.
    The area will be depicted on aeronautical charts for pilot
reference. The coordinates for this airspace docket are based on North
American Datum 83. The Class E airspace areas designated as 700/1,200
ft. transition areas are published in paragraph 6005 of FAA Order
7400.9R, Airspace Designations and Reporting Points, signed August 15,
2007, and effective September 15, 2007, which is incorporated by
reference in 14 CFR 71.1. The Class E airspace designations listed in
this document will be published subsequently in the Order.

The Rule

    This amendment to 14 CFR part 71 revises Class E airspace at the
Gulkana Airport, Alaska. This Class E airspace is revised to
accommodate aircraft executing amended instrument procedures, and will
be depicted on aeronautical charts for pilot reference. The intended
effect of this rule is to provide adequate controlled airspace for
Instrument Flight Rules (IFR) operations at the Gulkana Airport,
Gulkana, Alaska.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule will not have a significant economic impact on
a substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle 1, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart 1, Section 40103, Sovereignty and use of
airspace. Under that section, the FAA is charged with prescribing
regulations to ensure the safe and efficient use of the navigable
airspace. This regulation is within the scope of that authority because
it creates Class E airspace sufficient in size to contain aircraft
executing instrument procedures for the Gulkana Airport and represents
the FAA's continuing effort to safely and efficiently use the navigable
airspace.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND
CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.9R, Airspace Designations and Reporting
Points, signed August 15, 2007, and effective September 15, 2007, is
amended as follows:

Paragraph 6005 Class E Airspace extending upward from 700 feet or
more above the surface of the earth.

* * * * *

AAL AK E5 Gulkana, AK [Revised]

Gulkana, Gulkana Airport, AK
    (Lat. 62[deg]09'18'' N., long. 145[deg]27'16'' W.)

Gulkana VOR/DME, AK
    (Lat. 62[deg]09'14'' N., long. 145[deg]26'50'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of the Gulkana Airport, AK, and within 4
miles either side of the 178[deg] radial of the Gulkana VOR/DME, AK,
extending from the 6.5-mile radius to 12.5 miles south of the
Gulkana Airport, AK, and within 4 miles either side of the 351[deg]
radial of the Gulkana VOR/DME, AK, extending from the 6.5-mile
radius to 12.5 miles north of the Gulkana Airport, AK; and that
airspace extending upward from 1,200 feet above the surface within a
67-mile radius of the Gulkana Airport, AK.
* * * * *

    Issued in Anchorage, AK, on July 17, 2008.
Anthony M. Wylie,
Manager, Alaska Flight Services Information Area Group.
 [FR Doc. E8-16968 Filed 7-24-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 29 (Tuesday, February 12, 2019)]
[Notices]
[Pages 3533-3536]
[FR Doc No: 2019-01994]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2007-28043]

Hours of Service (HOS) of Drivers; American Pyrotechnics Assn.
(APA); Request To Add New Members to Current APA Exemption

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to grant an exemption to three
additional member companies of the American Pyrotechnics Association
(APA)--Artisan Pyrotechnics Inc., Montana Display Fireworks, Inc., and
ZY Pyrotechnics, LLC dba Skyshooter Displays, Inc.--from the
prohibition on driving commercial motor vehicles (CMVs) after the 14th
hour after the driver comes on duty. During the 2017 Independence Day
period 51 APA members held such an exemption, effective during the
period June 28 through July 8 each year through 2020. APA advised FMCSA
of the

discontinuance of the exemption for one carrier; with the addition of
the three new members the total increases to 53. The exemption granted
to the three carriers will terminate at the same time as the other 50
exempted carriers. FMCSA has determined that the terms and conditions
of the exemption ensure a level of safety equivalent to, or greater
than, the level of safety achieved without the exemption.

DATES: These exemptions from 49 CFR 395.3(a)(2) are effective from June
28 through July 8, at 11:59 p.m. local time, each year through 2020.

ADDRESSES:
    Docket: For access to the docket to read background documents or
comments, go to www.regulations.gov at any time or visit Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday,
except Federal holidays. The on-line Federal Docket Management System
(FDMS) is available 24 hours each day, 365 days each year. If you want
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgment
page that appears after submitting comments on-line.
    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.

FOR FURTHER INFORMATION CONTACT: Ms. LaTonya Mimms, Chief, FMCSA Driver
and Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; Email<EMAIL_ADDRESS>If you have questions
on viewing or submitting material to the docket, contact Docket
Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to www.regulations.gov and insert
the docket number, ``FMCSA-2007-28043'' in the ``Keyword'' box and
click ``Search.'' Next, click ``Open Docket Folder'' button and choose
the document listed to review. If you do not have access to the
internet, you may view the docket online by visiting the Docket
Management Facility in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9
a.m. and 5 p.m., E.T., Monday through Friday, except Federal holidays.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain parts of the Federal Motor Carrier Safety
Regulations. 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)).

III. APA Application for Exemption

    The HOS rule in 49 CFR 395.3(a)(2) prohibits the driver of a
property-carrying CMV from driving after the 14th hour after coming on
duty following 10 consecutive hours off duty. During the 2017
Independence Day period 51 APA members held such an exemption,
effective during the period June 28 through July 8 each year through
2020. APA has requested additional exemptions for Artisan Pyrotechnics
Inc., DOT# 1898096, Montana Display Fireworks, Inc., DOT# 1030231, and
ZY Pyrotechnics, LLC dba Skyshooter Displays, Inc., DOT# 2149202, and
the discontinuance of an exemption for Island Fireworks, DOT# 414583,
increasing the total to 53. Like the other 50 member companies, the
three new companies would be subject to all the terms and conditions of
the multi-year APA exemption that terminates on July 8, 2020. Although
this is less than the 5-year exemption period authorized by 49 U.S.C.
31315(b)(2), FMCSA believes that the interests of the APA members and
the Agency would best be served by harmonizing, as far as possible, the
expiration dates of all such fireworks-related exemptions. On June 21,
2018, FMCSA granted waivers to these three APA members to allow them to
participate in the 2018 Independence Day celebration.
    The initial APA application for relief from the 14-hour rule was
submitted in 2004; a copy is in the docket. That application fully
describes the nature of the pyrotechnic operations of CMV drivers
during a typical Independence Day period.
    As stated in the 2004 request, the CMV drivers employed by APA
member companies are trained pyro-technicians who hold commercial
driver's licenses (CDLs) with hazardous materials (HM) endorsements.
They transport fireworks and related equipment by CMVs on a very
demanding schedule during a brief Independence Day period, often to
remote locations. After they arrive, the drivers are responsible for
set-up and staging of the fireworks shows.
    The APA states that it is seeking an additional exemption for the
three new member companies because compliance with the current 14-hour
rule in 49 CFR 395.3(a)(2) would impose a substantial economic hardship
on numerous cities, towns and municipalities, as well as its member
companies. To meet the demand for fireworks without the exemption, APA
states that its member companies would be required to hire a second
driver for most trips. The APA advises that the result would be a
substantial increase in the cost of the fireworks shows--beyond the
means of many of its members' customers--and that many Americans would
be denied this important component of the celebration of Independence
Day.
    On June 21, 2018, FMCSA granted waivers to APA on behalf of Artisan
Pyrotechnics Inc., Montana Display Fireworks, Inc., and ZY
Pyrotechnics, LLC dba Skyshooter Displays, Inc., to allow these
carriers to participate in the 2018 Independence Day celebration. The
waiver also allowed the Agency time to complete the exemption process.

IV. Method To Ensure an Equivalent or Greater Level of Safety

    The APA believes that the exemption would not adversely affect the
safety of the fireworks transportation provided by this motor carrier.
According to APA, its member-companies have operated under this
Independence Day exemption for the past 10 years without a reported
motor carrier safety incident. Moreover, it asserts that, without the

extra time provided by the exemption, safety would decline because APA
drivers would be unable to return to their home base after each show.
They would be forced to park the CMVs carrying HM 1.1G, 1.3G and 1.4G
products in areas less secure than the motor carrier's home base. As a
condition of holding the exemption, each motor carrier will be required
to notify FMCSA within 5 business days of any accident (as defined in
49 CFR 390.5) involving the operation of any of its CMVs while under
this exemption. To date, FMCSA has received no accident notifications,
nor is the Agency aware of any accidents reportable under terms of the
prior APA exemption.
    In its exemption request, APA asserts that the operational demands
of this unique industry minimize the risks of CMV crashes. In the last
few days before July 4, these drivers transport fireworks over
relatively short routes from distribution points to the site of the
fireworks display, and normally do so in the early morning when traffic
is light. At the site, they spend considerable time installing, wiring,
and safety-checking the fireworks displays, followed by several hours
off duty in the late afternoon and early evening prior to the event.
During this time, the drivers are able to rest and nap, thereby
reducing or eliminating the fatigue accumulated during the day. Before
beginning another duty day, these drivers must take 10 consecutive
hours off duty, the same as other CMV drivers.

V. Public Comments

    On June 8, 2018, FMCSA published notice of this application and
requested public comments (83 FR 26742). The only comment submitted was
not relevant to this notice.

VI. FMCSA Response

    FMCSA has determined that granting an exemption to Artisan
Pyrotechnics Inc., Montana Display Fireworks, Inc., and ZY
Pyrotechnics, LLC dba Skyshooter Displays, Inc., will achieve a level
of safety equivalent to or greater than the level that compliance with
the 14-hour rule would ensure. Prior to publishing the Federal Register
notice announcing the receipt of APA's application to add these three
carriers to the current list of carriers operating under the exemption,
FMCSA ensured that each motor carrier possessed an active USDOT
registration, minimum required levels of insurance, and was not subject
to any ``imminent hazard'' or other out-of-service (OOS) orders. The
Agency conducted a comprehensive investigation of the safety
performance history on each of the motor carriers listed in the
appendix table during the review process. As part of this process,
FMCSA reviewed its Motor Carrier Management Information System safety
records, including inspection and accident reports submitted to FMCSA
by State agencies.
    With regard to safety statistics, none of the carriers, including
the 3 new carriers proposed for exemption, was under an imminent hazard
or OOS order, had any alerts in the Safety Management System (SMS), or
was under investigation by the Pipeline and Hazardous Materials Safety
Administration. All had ``satisfactory'' safety ratings based on
compliance reviews, and all had valid Hazardous Materials Safety
Permits.

VII. Terms and Conditions of the Exemption

Period of the Exemption

    The exemption from 49 CFR 395.3(a)(2) is effective from June 28
through July 8, at 11:59 p.m. local time, each year through 2020 for
the 53 carriers identified in this notice.

Terms and Conditions of the Exemption

    The exemption from 49 CFR 395.3(a)(2) will be limited to drivers
employed by the 50 motor carriers already covered by the multi-year
exemption, and drivers employed by the three additional carriers
identified by an asterisk in the appendix table of this notice. Section
395.3(a)(2) prohibits a driver from driving a CMV after the 14th hour
after coming on duty and does not permit off-duty periods to extend the
14-hour limit. Drivers covered by this exemption may exclude off-duty
and sleeper-berth time of any length from the calculation of the 14-
hour limit. This exemption is contingent on each driver driving no more
than 11 hours in the 14-hour period after coming on duty, as extended
by any off-duty or sleeper-berth time in accordance with this
exception. The exemption is further contingent on each driver having a
full 10 consecutive hours off duty following 14 hours on duty prior to
beginning a new driving period. The carriers and drivers must comply
with all other requirements of the Federal Motor Carrier Safety
Regulations (49 CFR parts 350-399) and Hazardous Materials Regulations
(49 CFR parts 105-180).

Preemption

    In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR
381.600, during the period this exemption is in effect, no State shall
enforce any law or regulation applicable to interstate commerce that
conflicts with or is inconsistent with this exemption with respect to a
firm or person operating under the exemption. States may, but are not
required to, adopt the same exemption with respect to operations in
intrastate commerce.

FMCSA Notification

    Exempt motor carriers are required to notify FMCSA within 5
business days of any accidents (as defined by 49 CFR 390.5) involving
the operation of any of their CMVs while under this exemption. The
notification must be by email to<EMAIL_ADDRESS>and include the
following information:
    a. Name of the Exemption: ``APA''
    b. Date of the accident,
    c. City or town, and State, in which the accident occurred, or
which is closest to the scene of the accident,
    d. Driver's name and driver's license State, number, and class,
    e. Co-Driver's name and driver's license State, number, and class,
    f. Vehicle company number and power unit license plate State and
number,
    g. Number of individuals suffering physical injury,
    h. Number of fatalities,
    i. The police-reported cause of the accident,
    j. Whether the driver was cited for violation of any traffic laws,
or motor carrier safety regulations, and
    k. The total driving time and the total on-duty time of the CMV
driver at the time of the accident.
    In addition, if there are any injuries or fatalities, the carrier
must forward the police accident report to<EMAIL_ADDRESS>as soon as
available.

Termination

    The FMCSA does not believe the motor carriers and drivers covered
by this exemption will experience any deterioration of their safety
record. However, should this occur, FMCSA will take all steps necessary
to protect the public interest, including revocation of the exemption.
The FMCSA will immediately revoke the exemption for failure to comply
with its terms and conditions. Exempt motor carriers and drivers would
be subject to FMCSA monitoring while operating under this exemption.

    Issued on: February 1, 2019.
Raymond P. Martinez,
Administrator.

 Appendix to Notice of Application for Approval of Motor Carriers To Utilize American Pyrotechnics Association's
                   (APA) Exemption From the 14-Hour Rule During Independence Day Celebrations
                                         [June 28 through July 8, 2020]
----------------------------------------------------------------------------------------------------------------
              Motor carrier                     Street address           City, state, zip code        DOT No.
----------------------------------------------------------------------------------------------------------------
1. American Fireworks Company...........  7041 Darrow Road..........  Hudson, OH 44236..........          103972
2. American Fireworks Display, LLC......  P.O. Box 980..............  Oxford, NY 13830..........         2115608
3. AM Pyrotechnics, LLC.................  2429 East 535th Rd........  Buffalo, MO 65622.........         1034961
4. Arthur Rozzi Pyrotechnics............  6607 Red Hawk Ct..........  Maineville, OH 45039......         2008107
5. Artisan Pyrotechnics, Inc *..........  82 Grace Road.............  Wiggins, MS 39577.........         1898096
6. Atlas PyroVision Entertainment Group,  136 Old Sharon Rd.........  Jaffrey, NH 03452.........          789777
 Inc.
7. Central States Fireworks, Inc........  18034 Kincaid Street......  Athens, IL 62613..........         1022659
8. East Coast Pyrotechnics, Inc.........  4652 Catawba River Rd.....  Catawba, SC 29704.........          545033
9. Entertainment Fireworks, Inc.........  13313 Reeder Road SW......  Tenino, WA 98589..........          680942
10. Falcon Fireworks....................  3411 Courthouse Road......  Guyton, GA 31312..........         1037954
11. Fireworks & Stage FX America........  12650 Hwy. 67S, Suite B...  Lakeside, CA 92040........          908304
12. Fireworks by Grucci, Inc............  20 Pinehurst Drive........  Bellport, NY 11713........          324490
13. Flashing Thunder Fireworks dba Legal  700 E Van Buren Street....  Mitchell, IA 50461........          420413
 Aluminum King Mtg.
14. J&J Computing dba Fireworks           174 Route 17 North........  Rochelle Park, NJ 07662...         2064141
 Extravaganza.
15. Gateway Fireworks Displays..........  P.O. Box 39327............  St Louis, MO 63139........         1325301
16. Great Lakes Fireworks...............  24805 Marine..............  Eastpointe, MI 48021......         1011216
17. Hamburg Fireworks Display, Inc......  2240 Horns Mill Road SE...  Lancaster, OH.............          395079
18. Hawaii Explosives & Pyrotechnics,     17-7850 N Kulani Road.....  Mountain View, HI 96771...         1375918
 Inc.
19. Hollywood Pyrotechnics, Inc.........  1567 Antler Point.........  Eagan, MN 55122...........         1061068
20. Homeland Fireworks, Inc.............  P.O. Box 7................  Jamieson, OR 97909........         1377525
21. J&M Displays, Inc...................  18064 170th Ave...........  Yarmouth, IA 52660........          377461
22. Lantis Fireworks, Inc...............  130 Sodrac Dr., Box 229...  N Sioux City, SD 57049....          534052
23. Legion Fireworks Co., Inc...........  10 Legion Lane............  Wappingers Falls, NY 12590          554391
24. Miand Inc. dba Planet Productions     P.O. Box 294, 3999 Hupp     Kingsbury, IN 46345.......          777176
 (Mad Bomber).                             Road, R31.
25. Martin & Ware Inc. dba Pyro City      P.O. Box 322..............  Hallowell, ME 04347.......          734974
 Maine & Central Maine Pyrotechnics.
26. Melrose Pyrotechnics, Inc...........  1 Kingsbury Industrial      Kingsbury, IN 46345.......          434586
                                           Park.
27. Montana Display Fireworks, Inc *....  9480 Inspiration Road.....  Missoula, MT 59808........         1030231
28. Precocious Pyrotechnics, Inc........  4420-278th Ave. NW........  Belgrade, MN 56312........          435931
29. Pyro Shows, Inc.....................  115 N 1st Street..........  LaFollette, TN 37766......          456818
30. Pyro Shows of Alabama, Inc..........  3325 Poplar Lane..........  Adamsville, AL 35005......         2859710
31. Pyro Shows of Texas, Inc............  6601 9 Mile Azle Rd.......  Fort Worth, TX 76135......         2432196
32. Pyro Engineering Inc., dba/Bay        400 Broadhollow Rd., Ste.   Farmingdale, NY 11735.....          530262
 Fireworks.                                #3.
33. Pyro Spectaculars, Inc..............  3196 N Locust Ave.........  Rialto, CA 92376..........          029329
34. Pyro Spectaculars North, Inc........  5301 Lang Avenue..........  McClellan, CA 95652.......         1671438
35. Pyrotechnic Display, Inc............  8450 W St. Francis Rd.....  Frankfort, IL 60423.......         1929883
36. Pyrotecnico (S. Vitale Pyrotechnic    302 Wilson Rd.............  New Castle, PA 16105......          526749
 Industries, Inc.).
37. Pyrotecnico FX......................  6965 Speedway Blvd., Suite  Las Vegas, NV 89115.......         1610728
                                           115.
38. Rainbow Fireworks, Inc..............  76 Plum Ave...............  Inman, KS 67546...........         1139643
39. RES Specialty Pyrotechnics..........  21595 286th St............  Belle Plaine, MN 56011....          523981
40. Rozzi's Famous Fireworks, Inc.......  11605 North Lebanon Rd....  Loveland, OH 45140........         0483686
41. Sky Wonder Pyrotechnics, LLC........  3626 CR 203...............  Liverpool, TX 77577.......         1324580
42. Skyworks, Ltd.......................  13513 W Carrier Rd........  Carrier, OK 73727.........         1421047
43. Sorgi American Fireworks Michigan,    935 Wales Ridge Rd........  Wales, MI 48027...........         2475727
 LLC.
44. Spielbauer Fireworks Co., Inc.......  220 Roselawn Blvd.........  Green Bay, WI 54301.......          046479
45. Spirit of 76........................  6401 West Hwy. 40.........  Columbia, MO 65202........         2138948
46. Starfire Corporation................  682 Cole Road.............  Carrolltown, PA 15722.....          554645
47. Vermont Fireworks Co., Inc./          2235 Vermont Route 14       East Montpelier, VT 05651.          310632
 Northstar Fireworks Co., Inc.             South.
48. Western Display Fireworks, Ltd......  10946 S New Era Rd........  Canby, OR 97013...........          498941
49. Western Enterprises, Inc............  P.O. Box 160..............  Carrier, OK 73727.........          203517
50. Wolverine Fireworks Display, Inc....  205 W Seidlers............  Kawkawlin, MI.............          376857
51. Young Explosives Corp...............  P.O. Box 18653............  Rochester, NY 14618.......          450304
52. Zambelli Fireworks MFG, Co., Inc....  P.O. Box 1463.............  New Castle, PA 16103......          033167
53. ZY Pyrotechnics, LLC dba Skyshooter   1014 Slocum Road..........  Wapwallopen, PA 18660.....         1030231
 Displays, Inc *.
----------------------------------------------------------------------------------------------------------------
* Not included in 2017-2020 list of approved carriers.

[FR Doc. 2019-01994 Filed 2-11-19; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 85, Number 2 (Friday, January 3, 2020)]
[Rules and Regulations]
[Pages 210-212]
[FR Doc No: 2019-28191]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2019-0967]
RIN 1625-AA00

Safety Zones; Sacramento New Years Eve Fireworks Display,
Sacramento River, Sacramento, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing three temporary safety zones
in the navigable waters of the Sacramento River near River Walk Park
and the Tower Bridge in Sacramento, CA in support of the Sacramento New
Years Eve Fireworks Display on December 31, 2019. These safety zones
are necessary to protect personnel, vessels, and the marine environment
from the dangers associated with pyrotechnics. Unauthorized persons or
vessels are prohibited from entering into, transiting through, or
remaining in the safety zones without permission of the Captain of the
Port or a designated representative.

DATES: This rule is effective from 8:30 p.m. to 10 p.m. on December 31,
2019.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2019-0967 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Emily Rowan, U.S. Coast Guard Sector San
Francisco; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port San Francisco
DHS Department of Homeland Security
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking with
respect to this rule because it is impracticable. The Coast Guard did
not receive final details for this event until November 5, 2019. There
was insufficient time to undergo the full rulemaking process, including
providing a reasonable comment period and considering those comments,
because the Coast Guard must establish this temporary safety zone by
December 31, 2019.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to public interest because immediate action
is necessary to respond to the potential safety hazards associated with
the firework display near Sacramento, CA.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port San
Francisco has determined that potential hazards associated with the
Sacramento New Year's Eve fireworks display on December 31, 2019, will
be a safety concern for anyone within a 175-foot radius of the
fireworks firing sites. This rule is needed to protect personnel,
vessels, and the marine environment in the navigable waters around the
fireworks firing site during the fireworks display.

IV. Discussion of the Rule

    This rule establishes three temporary safety zones from 8:30 p.m.
to 10 p.m. on December 31, 2019. At 8:30 p.m., 30 minutes prior to the
commencement of the 20-minute fireworks display, scheduled to being at
9:00 p.m. on December 31, 2019, the three safety zones for the
Sacramento New Years Eve Fireworks Display will encompass the navigable
waters, from surface to bottom, around the fireworks firing sites
within three respective circles each with a radius of 175 feet with the
respective circle centers in approximate positions:

    Southern Firing Site at 38[deg]34'50'' N, 121[deg]30'30'' W,
    Northern Firing Site at 38[deg]35'02'' N, 121[deg]30'40'' W, and
    Near the Tower Bridge at 38[deg]34'50'' N, 121[deg]30'30'' W
(NAD83).

The safety zones shall terminate at 10 p.m. on December 31, 2019.
    This regulation is needed to keep persons and vessels away from the
immediate vicinity of the firework display locations to ensure the
safety of participants, spectators, and transiting vessels. Except for
persons or vessels authorized by the COTP or the COTP's designated
representative, no person or vessel may enter or remain in the
restricted areas. A ``designated representative'' means a Coast Guard
Patrol Commander, including a Coast Guard coxswain, petty officer, or
other officer operating a Coast Guard vessel or a Federal, State, or
local officer designated by or assisting the COTP in the enforcement of
the safety zones. The COTP or the COTP's designated representative will
notify the maritime community of periods during which these zones will
be enforced using information broadcasts.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the limited
duration and narrowly tailored geographic area of the

safety zones. These safety zones impacts three, 175-foot-radius
circular areas of the Sacramento River in Sacramento, CA for 2 hours
and 30 minutes. The vessels desiring to transit through or around the
temporary safety zones may do so upon express permission from the COTP
or the COTP's designated representative.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
temporary safety zones may be small entities, for the reasons stated in
section V.A. above, this rule will not have a significant economic
impact on any vessel owner or operator.
    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
section.
    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.

C. 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).

D. Federalism and Indian Tribal Governments

    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 have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and U.S. Coast Guard Environmental Planning Policy,
COMDTINST 5090.1 (series), which guide the Coast Guard in complying
with the National Environmental Policy Act of 1969 (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 safety zones
lasting two hours and thirty minutes that prevents entry to a 175-foot-
radius area of the Sacramento River in Sacramento, CA. It is
categorically excluded from further review under paragraph L60(a) in
Table 3-1 of Department of Homeland Security Directive 023-01. A Record
of Environmental Consideration supporting this determination is
available in the docket where indicated under ADDRESSES.

G. Protest Activities

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

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: 46 U.S.C 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-6,
and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T11-016 to read as follows:

Sec.  165.T11-016   Safety zones; Sacramento New Years Eve Fireworks
Display, Sacramento River, Sacramento, CA.

    (a) Location. These temporary safety zones are established in the
navigable waters of the Sacramento River near River Walk Park and the
Tower Bridge in Sacramento, CA as depicted in National Oceanic and
Atmospheric Administration (NOAA) Chart 18662. From 8:30 p.m. until 10
p.m. on December 31, 2019, the three temporary safety zones apply to
all navigable waters of the Sacramento River, from surface to bottom,
within three circles each with a radius of 175 feet with circle centers
at each of the three fireworks firing sites, near River Walk Park and
the Tower Bridge in Sacramento, CA, in approximate positions,
respectively: Southern Firing Site at 38[deg]34'50'' N, 121[deg]30'30''
W, Northern Firing Site at 38[deg]35'02'' N, 121[deg]30'40'' W, and
Near the Tower Bridge at 38[deg]34'50'' N, 121[deg]30'30'' W (NAD83).
    (b) Definitions. As used in this section, ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer

on a Coast Guard vessel, or a Federal, State, or local officer
designated by or assisting the Captain of the Port San Francisco (COTP)
in the enforcement of the safety zones.
    (c) Regulations. (1) Under the general safety zone regulations in
subpart B, you may not enter the safety zones described in paragraph
(a) of this section unless authorized by the COTP or the COTP's
designated representative.
    (2) The safety zones are closed to all vessel traffic, except as
may be permitted by the COTP or the COTP's designated representative.
    (3) Vessel operators desiring to enter or operate within the safety
zones must contact the COTP or the COTP's designated representative to
obtain permission to do so. Vessel operators given permission to enter
or operate in the safety zones must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative. Persons and vessels may request permission to enter the
safety zones on VHF-23A or through the 24-hour Command Center at
telephone<PHONE_NUMBER>.
    (d) Enforcement period. This section will be enforced from 8:30
p.m. until 10 p.m. on December 31, 2019.
    (e) Information broadcasts. The COTP or the COTP's designated
representative will notify the maritime community of periods during
which these zones will be enforced in accordance with Sec.  165.7.

    Dated: December 23, 2019.
Howard H. Wright,
Captain, U.S. Coast Guard, Alternate Captain of the Port, San
Francisco.
[FR Doc. 2019-28191 Filed 12-30-19; 4:15 pm]
BILLING CODE 9110-04-P


requirements of Sec. Sec.  242.109 and 242.111 of this part. Those
provisions require that railroads consider the motor vehicle driving
record of each person prior to issuing him or her certification or
recertification as a conductor.
    To fulfill that obligation, a railroad must review a
certification candidate's recent motor vehicle driving record.
Generally, that will be a single record on file with the state
agency that issued the candidate's current license. However, it can
include multiple records if the candidate has been issued a motor
vehicle driving license by more than one state agency or foreign
country.

Access to State Motor Vehicle Driving Record Data

    The right of railroad workers, their employers, or prospective
employers to have access to a state motor vehicle licensing agency's
data concerning an individual's driving record is controlled by
state law. Although many states have mechanisms through which
employers and prospective employers such as railroads can obtain
such data, there are some states in which privacy concerns make such
access very difficult or impossible. Since individuals generally are
entitled to obtain access to driving record data that will be relied
on by a state motor vehicle licensing agency when that agency is
taking action concerning their driving privileges, FRA places
responsibility on individuals, who want to serve as conductors to
request that their current state drivers licensing agency or
agencies furnish such data directly to the railroad considering
certifying them as a conductor. Depending on the procedures adopted
by a particular state agency, this will involve the candidate's
either sending the state agency a brief letter requesting such
action or executing a state agency form that accomplishes the same
effect. It will normally involve payment of a nominal fee
established by the state agency for such a records check. In rare
instances, when a certification candidate has been issued multiple
licenses, it may require more than a single request.
    Once the railroad has obtained the motor vehicle driving
record(s), the railroad must afford the prospective conductor an
opportunity to review that record and respond in writing to its
contents in accordance with the provisions of Sec.  242.401. The
review opportunity must occur before the railroad evaluates that
record. The railroad's required evaluation and subsequent decision
making must be done in compliance with the provisions of this part.

APPENDIX D TO PART 242--MEDICAL STANDARDS GUIDELINES

    (1) The purpose of this appendix is to provide greater guidance
on the procedures that should be employed in administering the
vision and hearing requirements of Sec.  242.117.
    (2) In determining whether a person has the visual acuity that
meets or exceeds the requirements of this part, the following
testing protocols are deemed acceptable testing methods for
determining whether a person has the ability to recognize and
distinguish among the colors used as signals in the railroad
industry. The acceptable test methods are shown in the left hand
column and the criteria that should be employed to determine whether
a person has failed the particular testing protocol are shown in the
right hand column.

------------------------------------------------------------------------
             Accepted tests                      Failure criteria
------------------------------------------------------------------------
                     Pseudoisochromatic Plate Tests
------------------------------------------------------------------------
American Optical Company 1965..........  5 or more errors on plates 1-
                                          15.
------------------------------------------------------------------------
AOC--Hardy-Rand-Ritter plates-second     Any error on plates 1-6 (plates
 edition.                                 1-4 are for demonstration--
                                          test plate 1 is actually plate
                                          5 in book).
Dvorine--Second edition................  3 or more errors on plates 1-
                                          15.
Ishihara (14 plate)....................  2 or more errors on plates 1-
                                          11.
Ishihara (16 plate)....................  2 or more errors on plates 1-8.
Ishihara (24 plate)....................  3 or more errors on plates 1-
                                          15.
Ishihara (38 plate)....................  4 or more errors on plates 1-
                                          21.
Richmond Plates 1983...................  5 or more errors on plates 1-
                                          15.
------------------------------------------------------------------------
                       Multifunction Vision Tester
------------------------------------------------------------------------
Keystone Orthoscope....................  Any error.
OPTEC 2000.............................  Any error.
Titmus Vision Tester...................  Any error.
Titmus II Vision Tester................  Any error.
------------------------------------------------------------------------

    (3) In administering any of these protocols, the person
conducting the examination should be aware that railroad signals do
not always occur in the same sequence and that ``yellow signals'' do
not always appear to be the same. It is not acceptable to use
``yarn'' or other materials to conduct a simple test to determine
whether the certification candidate has the requisite vision. No
person shall be allowed to wear chromatic lenses during an initial
test of the person's color vision; the initial test is one conducted
in accordance with one of the accepted tests in the chart and Sec.
242.117(h)(3).
    (4) An examinee who fails to meet the criteria in the chart, may
be further evaluated as determined by the railroad's medical
examiner. Ophthalmologic referral, field testing, or other practical
color testing may be utilized depending on the experience of the
examinee. The railroad's medical examiner will review all pertinent
information and, under some circumstances, may restrict an examinee
who does not meet the criteria for serving as a conductor at night,
during adverse weather conditions or under other circumstances. The
intent of Sec.  242.117(j) is not to provide an examinee with the
right to make an infinite number of requests for further evaluation,
but to provide an examinee with at least one opportunity to prove
that a hearing or vision test failure does not mean the examinee
cannot safely perform as a conductor. Appropriate further medical
evaluation could include providing another approved scientific
screening test or a field test. All railroads should retain the
discretion to limit the number of retests that an examinee can
request but any cap placed on the number of retests should not limit
retesting when changed circumstances would make such retesting
appropriate. Changed circumstances would most likely occur if the
examinee's medical condition has improved in some way or if
technology has advanced to the extent that it arguably could
compensate for a hearing or vision deficiency.
    (5) Conductors who wear contact lenses should have good
tolerance to the lenses and should be instructed to have a pair of
corrective glasses available when on duty.

[GRAPHIC] [TIFF OMITTED] TP10NO10.001

    Issued in Washington, DC, on October 8, 2010.
Karen J. Rae,
Deputy Administrator.

[FR Doc. 2010-27642 Filed 11-9-10; 8:45 am]
BILLING CODE 4910-06-P