[Federal Register: March 16, 2009 (Volume 74, Number 49)]
[Rules and Regulations]
[Page 11001-11003]
[DOCID:fr16mr09-1]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0169; Directorate Identifier 2008-SW-42-AD;
Amendment 39-15833; AD 2009-05-09]
RIN 2120-AA64

Airworthiness Directives; Bell Helicopter Textron Inc. Model 412,
412CF, and 412EP Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) for
the specified Bell Helicopter Textron Inc. (Bell) model helicopters.
This action requires reidentifying a certain part-numbered main rotor
yoke (yoke) based on whether it was ever installed on a Model 412CF
helicopter or on a Model 412 or 412EP helicopter with a slope landing
kit. This AD also requires reducing the retirement life of the
reidentified yokes from 5,000 hours time-in-service (TIS) to 4,500
hours TIS. Also, this AD requires recording the reidentified yoke part
number (P/N) and the reduced retirement life on the component history
card or equivalent record. This amendment is prompted by fatigue
analysis that shows that the retirement life should be reduced on
certain yokes. The actions specified in this AD are intended to prevent
fatigue cracking of a yoke, failure of a yoke, and subsequent loss of
control of the helicopter.

DATES: Effective March 31, 2009.
    Comments for inclusion in the Rules Docket must be received on or
before May 15, 2009.

ADDRESSES: Use one of the following addresses to submit comments on
this AD:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    You may get the service information identified in this AD from Bell
Helicopter Textron, Inc., P.O. Box 482, Fort Worth, Texas 76101,
telephone<PHONE_NUMBER>, fax<PHONE_NUMBER> or at http://
www.bellcustomer.com/files/.
    Examining the Docket: You may examine the docket that contains the
AD, any comments, and other information on the Internet at http://
www.regulations.gov, or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The Docket Operations office (telephone<PHONE_NUMBER>) is
located in Room W12-140 on the ground floor of the West Building at the
street address stated in the ADDRESSES section. Comments will be
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Michael Kohner, Aviation Safety
Engineer, FAA, Rotorcraft Directorate, Rotorcraft Certification Office,
Fort Worth, Texas 76193-0170, telephone<PHONE_NUMBER>, fax (817) 222-
5783.

SUPPLEMENTARY INFORMATION: This amendment adopts a new AD for the
specified Bell model helicopters. This action requires reidentifying a
certain part-numbered yoke based on whether it was ever installed on a
Model 412CF helicopter or on a Model 412 or 412EP helicopter with a
slope landing kit. This AD also requires reducing the retirement life
of the reidentified yokes from 5,000 hours TIS to 4,500 hours TIS.
Also, this AD requires recording the reidentified yoke P/N and the
reduced retirement life on the component history card or equivalent
record. This amendment is prompted by fatigue analysis that shows that
the retirement life should be reduced on certain yokes. This condition,
if not corrected, could result in fatigue cracking of a yoke, failure
of a yoke, and subsequent loss of control of the helicopter.
    We have reviewed Bell Alert Service Bulletin (ASB) No. 412-08-128,
dated March 4, 2008, for the Model 412 and 412EP helicopters and ASB
No. 412CF-08-35 dated March 4, 2008, for the Model 412CF helicopters.
The ASBs specify reducing the life limit of certain part-numbered yokes
from 5,000 hours TIS to 4,500 hours TIS. The ASBs also describe
procedures for reidentifying the yoke P/N and recording the information
on a component history card or equivalent record.
    This unsafe condition is likely to exist or develop on other
helicopters of these same type designs. Therefore, this AD is being
issued to prevent fatigue cracking of a yoke, failure of a yoke, and
subsequent loss of control of the helicopter. This AD applies to Bell
Model 412 and 412EP helicopters with a yoke, P/N 412-010-101-123, -127,
-129, or -133, with a (BHT-412-SI-62) slope landing kit, installed.
This AD also applies to Model 412CF helicopters with yoke, P/N 412-010-
101-127 or -129, installed. This AD requires the following actions
within 10 hours TIS for each affected model helicopter:
     Review the helicopter records to determine all of the
helicopter models on which the affected yoke has been installed since
its production and the hours TIS of each yoke.
     If an affected part-numbered yoke has ever been installed
on a Model 412CF or on a Model 412 or 412EP helicopter with a (BHT-412-
SI-62) slope landing kit, P/N 412-704-012-101, do the following:
    [cir] Reidentify the P/N on the existing yoke data plate by using a
vibrating stylus and etching two lines through the last three digits of
the existing P/N and etching ``137FM'' adjacent to where you etched
through the last three digits of the original P/N. This converts each
affected yoke P/N to a new yoke P/N, 412-010-101-137FM. The serial
number remains the same.
    [cir] Record the reidentified P/N on the applicable component
history card or equivalent record.
     If you cannot determine all the model helicopters on which
an affected

yoke has been installed since its production or whether it has ever
been installed on a Model 412 or 412EP helicopter with a (BHT-412-SI-
62) slope landing kit, P/N 412-704-012-101, installed, reidentify the
yoke as P/N 412-010-101-137FM using a vibrating stylus. Record the
reidentified P/N on the applicable component history card or equivalent
record.
     For each reidentified yoke, P/N 412-010-101-137FM, record
the revised 4,500-hour TIS life limit on the applicable component
history card or equivalent record.
    This AD revises the Airworthiness Limitations section of the
applicable maintenance manual or the Instructions for Continued
Airworthiness (ICAs) by reducing the retirement life from 5,000 hours
TIS to 4,500 hours TIS for reidentified yoke, P/N 412-010-101-137FM.
    The short compliance time involved is required because the
previously described critical unsafe condition can adversely affect the
structural integrity and controllability of the helicopter. Therefore,
to prevent fatigue cracking, the actions described previously are
required within 10 hours TIS. Also, replacing certain yokes that have
exceeded 4,500 hours TIS but have not reached their previous 5,000
hours TIS retirement life is required before further flight, and this
AD must be issued immediately.
    Since a situation exists that requires the immediate adoption of
this regulation, it is found that notice and opportunity for prior
public comment hereon are impracticable, and that good cause exists for
making this amendment effective in less than 30 days.
    We estimate that this AD will affect 115 helicopters and will take
about:
     1 hour to review the records,
     2 hours to revise the maintenance manual or ICAs, record
the new retirement life, reidentify the P/N, and
     20 hours to replace a yoke.

The average labor rate is estimated to be $80 per work hour. Required
parts will cost about $40,157 per helicopter. Based on these figures,
we estimate the total cost of the AD on U.S. operators will be $278,142
($27,600 to review and revise the records and $250,542 to replace the
yokes, assuming 5 percent of the fleet or a total of 6 yokes have
exceeded the 4,500-hour life limit).

Comments Invited

    This AD is a final rule that involves requirements that affect
flight safety and was not preceded by notice and an opportunity for
public comment; however, we invite you to submit any written data,
views, or arguments regarding this AD. Send your comments to an address
listed under ADDRESSES. Include ``Docket No. FAA-2009-0169; Directorate
Identifier 2008-SW-42-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of the AD. We will consider all
comments received by the closing date and may amend the AD in light of
those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact
with FAA personnel concerning this AD. Using the search function of our
docket Web site, you can find and read the comments to any of our
dockets, including the name of the individual who sent the comment. You
may review the DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19477-78).

Regulatory Findings

    We have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national Government and the States, or on the distribution of power
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that the regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared an economic evaluation of the estimated costs to comply
with this AD. See the AD docket to examine the economic evaluation.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (14 CFR part 39) as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. Section 39.13 is amended by adding a new airworthiness directive to
read as follows:

2009-05-09 Bell Helicopter Textron, Inc.: Amendment 39-15833. Docket
No. FAA-2009-0169; Directorate Identifier 2008-SW-42-AD.

    Applicability: The following model helicopters with the listed
part-numbered main rotor yoke assembly (yoke), installed,
certificated in any category.

----------------------------------------------------------------------------------------------------------------
                    Model                                    With yoke part number (P/N) installed
----------------------------------------------------------------------------------------------------------------
412 and 412EP................................  412-010-101-123, -127, -129, or -133
412CF........................................  412-010-101-127, -129
----------------------------------------------------------------------------------------------------------------

    Compliance: Within 10 hours time-in-service (TIS), unless
accomplished previously:
    To prevent fatigue cracking of a yoke, failure of the yoke, and
subsequent loss of control of the helicopter, do the following:
    (a) Review the helicopter records to determine all of the
helicopter models on which the affected yoke has been installed
since its production and the hours TIS of each affected yoke.
    (b) If an affected part-numbered yoke is installed or has ever
been installed on a Model 412CF helicopter or on a Model 412 or
412EP helicopter with a (BHT-412-SI-62) slope landing kit, P/N 412-
704-012-101, installed, do the following:
    (1) Reidentify the P/N on the existing yoke data plate by using
a vibrating stylus and etching two lines through the last three
digits of the existing P/N and etching ``137FM'' adjacent to where
you etched through the last three digits of the original P/N. This
converts each affected yoke P/N to a new yoke P/N 412-010-101-137FM.
The serial number remains the same.

    Note 1: The ``FM'' P/N suffix denotes a field modified part.

    (2) Record the reidentified P/N on the applicable component
history card or equivalent record.
    (c) If you cannot determine all the model helicopters on which
an affected yoke has been installed since its production or whether
it has ever been installed on a Model 412 or 412EP helicopter with a
(BHT-412-SI-62) slope landing kit, P/N 412-704-012-101, installed,
reidentify the yoke P/N as P/N 412-010-101-137FM using a vibrating
stylus in accordance with paragraph (b)(1) of this AD. Record the
reidentified P/N on the applicable component history card or
equivalent record.
    (d) For each reidentified yoke, P/N 412-010-101-137FM, reduce
the retirement life from 5,000 hours TIS to 4,500 hours TIS. Record
the revised life limit on the applicable component history card or
equivalent record.

    Note 2: Bell Helicopter Textron, Inc. Alert Service Bulletins
No. 412-08-128 and No. 412CF-08-35, both dated March 4, 2008,
pertain to the subject of this AD.

    (e) This AD revises the Airworthiness Limitations section of the
applicable maintenance manual or the Instructions for Continued
Airworthiness (ICAs) by reducing the retirement life from 5,000
hours TIS to 4,500 hours TIS for each reidentified yoke, P/N 412-
010-101-137FM.
    (f) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Contact the Manager, Rotorcraft Directorate, FAA, ATTN: Michael
Kohner, Aviation Safety Engineer, Rotorcraft Certification Office,
Fort Worth, Texas 76193-0170, telephone<PHONE_NUMBER>, fax (817)
222-5783, for information about previously approved alternative
methods of compliance.
    (g) Special flight permits will not be issued.
    (h) This amendment becomes effective on March 31, 2009.

    Issued in Fort Worth, Texas, on February 12, 2009.
Scott A. Horn,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
 [FR Doc. E9-4950 Filed 3-13-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register: February 3, 2010 (Volume 75, Number 22)]
[Notices]
[Page 5584-5585]
[DOCID:fr03fe10-39]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2005-0206; FRL-8806-6]

Fipronil; Product Cancellation Order and Amendment to Terminate
Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's cancellation order and amendment
to terminate uses of products containing the pesticide fipronil,
pursuant to section 3 of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), as amended. This cancellation order follows
the November 15, 2009 expirations of conditional registrations and in
one case expiration of a use. These are not the last fipronil products
registered for use in the United States. Any distribution, sale, or use
of the fipronil products subject to this cancellation order is
permitted only in accordance with the terms of this order, including
any existing stocks provisions.

DATES: The expirations occurred on November 15, 2009.

FOR FURTHER INFORMATION CONTACT: Richard Gebken, Registration Division,
Office of Pesticide Programs, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(703) 305-6701; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

    EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2005-0206. Publicly available
docket materials are available either in the electronic docket at
http://www.regulations.gov, or, if only available in hard copy, at the
Office of Pesticide Programs (OPP) Regulatory Public Docket in Rm. S-
4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington,
VA. The hours of operation of this Docket Facility are from 8:30 a.m.
to 4 p.m., Monday through Friday, excluding legal holidays. The Docket
Facility telephone number is<PHONE_NUMBER>.

II. What Action is the Agency Taking?

    This notice announces the expiration of certain corn-in-furrow and
turfgrass end-use fipronil products registered under section 3 of
FIFRA. This notice also announces the amendment to terminate uses of
all corn-in-furrow end-use fipronil products registered under section 3
of FIFRA, and this notice serves as a cancellation order to provide for
existing stocks of affected products. These registrations are listed in
sequence by registration number in Tables 1 and 2 of this unit.

                Table 1.--Fipronil Product Cancellations
------------------------------------------------------------------------
          EPA Registration Number                   Product Name
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7969-206                                    Regent 1.5G
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7969-208                                    Regent 80WG
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7969-212                                    H&G 61748 / ``Over n
                                             Out''432-1451 BES 1000
                                             Insecticide
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   Table 2.--Fipronil Product Registration Amendment to Terminate Uses
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          EPA Registration Number                   Product Name
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7969-207                                    Regent 4SC
------------------------------------------------------------------------

    Table 3 of this unit includes the names and addresses of record for
all registrants of the products in Tables 1 and 2 of this unit, in
sequence by EPA company number.

   Table 3.--Registrants of Cancelled and/or Amended Fipronil Products
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            EPA Company Number                Company Name and Address
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432                                         Bayer Environmental Science2
                                             T. W. Alexander Drive
                                             Research Triangle Park, NC
                                             27709
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7969                                        BASF Corporation P.O. Box
                                             1352826 Davis Drive
                                             Research Triangle Park, NC
                                             27709
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III. Cancellation Order

    Pursuant to FIFRA section 3, EPA hereby announces the expirations,
of fipronil registrations identified in Table 1 of Unit II and
expiration of the corn-in-furrow use for the registration in Table 2 of
Unit II. The Agency considers the expiration of a time limited
registration to be a cancellation under section 3 of FIFRA, for
purposes of section 6(a)(1) of FIFRA. Any distribution, sale, or use of
existing stocks of the cancelled products or terminated uses identified
in Tables 1 and 2 of Unit II in a manner inconsistent with any of the
Provisions for Disposition of Existing Stocks set forth in Unit IV will
be considered a violation of FIFRA.

IV. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products
which are currently in the United States and which were packaged,
labeled, and released for shipment prior to the effective date of the
cancellation action. The cancellation order issued in this notice
includes the following existing stocks provisions.
    1. The registrant may continue to sell or distribute existing
stocks of fipronil products identified in Tables 1 and 2 of Unit II
with previously approved labeling until May 15, 2011.
    2. Persons other than the registrant may continue to sell or
distribute existing stocks of fipronil products identified in Tables 1
and 2 of Unit II with previously approved labeling until such stocks
are exhausted.
    3. Persons other than the registrant may use existing stocks of
fipronil products identified in Tables 1 and 2 of Unit II until
existing stocks are exhausted. Any use of existing stocks must be in a
manner consistent with the previously approved labeling for that
product.

List of Subjects

    Environmental protection, Pesticides and pests, Cancellation order.

    Dated: January 19, 2010.
 Lois Rossi,
Director, Registration Division, Office of Pesticide Program.
[FR Doc. 2010-2147 Filed 2-2-10; 8:45 am]
BILLING CODE 6560-50-S


[Federal Register Volume 87, Number 104 (Tuesday, May 31, 2022)]
[Rules and Regulations]
[Pages 32315-32316]
[FR Doc No: 2022-11216]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0329]
RIN 1625-AA00

Safety Zone; Station Camp Creek, Gallatin, TN

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters of Station Camp Creek located south of the
Gallatin Marina in Gallatin, TN. The safety zone is needed to protect
personnel, vessels, and the marine environment from potential hazards
created by Gallatin Marina Fireworks. Entry of vessels or persons into
this zone is prohibited unless specifically authorized by the Captain
of the Port Sector Ohio Valley or a designated representative.

DATES: This rule is effective on July 3, 2022 from 9 p.m. through 9:30
p.m.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0329 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Third Class Joshua Rehl Marine Safety
Detachment Nashville, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable. The Coast Guard
must establish this safety zone by July 3, 2022 and will not have ample
time to allow for a reasonable comment period and then consider those
comments before issuing the rule.
    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 the public interest because action is
needed on July 3, 2022 to ensure the safety of the participants in the
Gallatin Marina Fireworks.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Sector Ohio
Valley (COTP) has determined that potential hazards associated with the
fireworks, will be a safety concern from 36.340966 N, -86.478265 W to
36.344847 N, -86.478330 W on Station Camp Creek. This rule is needed to
protect personnel, vessels, and the marine environment in the navigable
waters within the safety zone during the duration of the event.

IV. Discussion of the Rule

    This rule establishes a safety zone from 9 to 9:30 p.m. on July 3,
2022. The safety zone covers all navigable waters within 120 yards of 3
floating platforms in Station Camp Creek located south of the Gallatin
Marina in Gallatin, TN. The duration of the zone is intended to ensure
the safety of vessels and these navigable waters before, during, and
after the scheduled 9 to 9:30 p.m. fireworks display. No vessel or
person is permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative.

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. 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).
    This regulatory action determination is based on the size,
location, and duration of the safety zone. The safety zone will be 30
minutes during nighttime hours in Gallatin, TN. The safety zone will
only encompass from 36.340966 N, -86.478265 W to 36.344847 N, -
86.478330 W of the Station Camp Creek. Vessel traffic will be unable to
safely transit around this safety zone which would impact the width of
Station Camp Creek. Moreover, the Coast Guard would issue a Broadcast
Notice to Mariners via VHF-FM marine channel 16 about the zone, and the
rule would allow vessels to seek permission to enter the zone.

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
safety zone 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 call or email 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.

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, Rev. 1, associated implementing instructions, and
Environmental Planning 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 a
safety zone lasting 30 minutes that would prohibit entry within 120
yards of the floating platforms. It is categorically excluded from
further review under paragraph L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
00170.1. Revision No. 01.2.

0
2. Add Sec.  165.T08-0329 to read as follows:

Sec.  165.T08-0329  Safety Zone; Station Camp Creek, Gallatin, TN.

    (a) Location. The following area is a safety zone: all navigable
waters of Station Camp Creek from 36.340966 N, -86.478265 W to
36.344847 N, -86.478330 W.
    (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 operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Sector Ohio Valley (COTP) in the enforcement of the
safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
    (2) Vessels requiring entry into this safety zone must request
permission from the COTP or a designated representative. To seek entry
into the safety zone, contact the COTP or the COTP's representative by
telephone at<PHONE_NUMBER> or on VHF-FM channel 16.
    (3) Persons and vessels permitted to enter this safety zone must
transit at their slowest safe speed and comply with all lawful
directions issued by the COTP or the designated representative.
    (d) Enforcement period. This section will be enforced from 9 p.m.
to 9:30 p.m. on July 3, 2022.

    Dated: May 19, 2022.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2022-11216 Filed 5-27-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 87, Number 81 (Wednesday, April 27, 2022)]
[Notices]
[Pages 25074-25075]
[FR Doc No: 2022-08929]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2019-0334]

Agency Information Collection Activities: Requests for Comments;
Clearance of New Approval of Information Collection: Safety Statement
Requirement for Manufacturers of Small Unmanned Aircraft

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of

Management and Budget (OMB) approval new information collection. The
Federal Register Notice with a 60-day comment period soliciting
comments on the following collection of information was published on
May 7, 2019. The collection involves manufacturers of small unmanned
aircraft providing a safety statement to owners of the UAS they
produce. This is a statutory requirement. To minimize the burden on
small businesses, the FAA has developed an example safety statement
that can be used to satisfy the requirement.

DATES: Written comments should be submitted by May 27, 2022.

ADDRESSES: Interested persons are invited to submit written comments on
the proposed information collection to the Office of Information and
Regulatory Affairs, Office of Management and Budget. Comments should be
addressed to the attention of the Desk Officer, Department of
Transportation/FAA, and sent via electronic mail to
[email protected], or faxed to<PHONE_NUMBER>, or mailed to
the Office of Information and Regulatory Affairs, Office of Management
and Budget, Docket Library, Room 10102, 725 17th Street NW, Washington,
DC 20503.

FOR FURTHER INFORMATION CONTACT: Jessica Orquina, Senior Communications
Specialist, by email at: [email protected]; phone: 202-267-
7493.

SUPPLEMENTARY INFORMATION:
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.
    OMB Control Number: 2120-XXXX.
    Title: Requests for Comments; Clearance of New Approval of
Information Collection: Safety Statement Requirement for Manufacturers
of Small Unmanned Aircraft.
    Form Numbers: N/A.
    Type of Review: This is a new information collection request.
    Background: The Federal Register Notice with a 60-day comment
period soliciting comments on the following collection of information
was published on May 7, 2019 (Document Citation: 84 FR 72438).
    Section 2203 of the FAA Extension, Safety, and Security Act of 2016
(Pub. L. 114-90) requires manufacturers of small unmanned aircraft to
make available to the owner a safety statement that satisfies
requirements detailed in that section. The requirements include:
    1. Information about, and sources of, laws and regulations
applicable to small unmanned aircraft;
    2. Recommendations for using small unmanned aircraft in a manner
that promotes the safety of person and property;
    3. The date that the safety statement was created or last modified;
and
    4. Language approved by the Administrator regarding the following:
    a. A person may operate the small unmanned aircraft as a model
aircraft (as defined in section 336 of the FAA Modernization and Reform
Act of 2012 (49 U.S.C. 40101 note)) or otherwise in accordance with
Federal Aviation Administration authorization or regulation, including
requirements for the completion of any applicable airman test.
    b. The definition of a model aircraft under section 336 of the FAA
Modernization and Reform Act of 2012 (49 U.S.C. 40101 note).
    c. The requirements regarding the operation of a model aircraft
under section 336 of the FAA Modernization and Reform Act of 2012 (49
U.S.C. 40101 note).
    d. The Administrator may pursue enforcement action against a person
operating model aircraft who endangers the safety of the national
airspace system.
    By statute, manufacturers will be required to make a safety
statement available to small UAS owners. This manufacturer insert
serves as an example safety statement that UAS manufacturers may use.
The FAA provides an example safety statement and guidance to assist
manufacturers to comply with this requirement.
    The FAA received comments to the 60-day Federal Register Notice
from Airlines from America and two individuals.
     The FAA considered all comments equally.
     The FAA agrees with Airlines for America: ``The Safety
Statement is an important safety and oversight tool to ensure that sUAS
manufacturers are compliant with FAA accepted consensus safety
standards, while imposing minimal burden upon the sUAS industry.''
     Since the requirement for manufacturers to make safety
statements available is statutory, this information collection request
is not an overstep by the FAA, but part of the process to implement
Section 2203 of the FAA Extension, Safety, and Security Act of 2016
(Pub. L. 114-90). In addition, to reduce the burden on manufacturers,
the FAA has provided a sample safety statement for manufacturers to use
to satisfy this requirement or as a guide to create a custom safety
statement. The FAA has updated the sample safety statement as needed
and will continue to do so.
    Respondents: Manufacturers of small UAS sold in the U.S.
(Association for Unmanned Vehicle Systems International (AUVSI) reports
there are 471 active manufacturers in February 2019.)
    Frequency: Updates as required due to changes in Agency
regulations, rules, or policy.
    Estimated Average Burden per Response: 40 Hours.
    Estimated Total Annual Burden: Estimated cost per respondent is
$3,200.

    Issued in Washington, DC.
Jessica Ann Orquina,
Acting Manager, Executive Office, AUS-10, UAS Integration Office.
[FR Doc. 2022-08929 Filed 4-26-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 84 (Wednesday, May 1, 2013)]
[Notices]
[Pages 25525-25529]
[FR Doc No: 2013-10305]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No FMCSA-2011-0097]

Pilot Program on NAFTA Trucking Provisions

AGENCY: Federal Motor Carrier Safety Administration (FMCSA).

ACTION: Notice; request for public comment.

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

SUMMARY: FMCSA announces and requests public comment on data and
information concerning the Pre-Authorization Safety Audit (PASA) for
Servicio de Transporte Internacional y Local SA de CV (STIL) with U.S.
Department of Transportation (USDOT) number 557341, which applied to
participate in the Agency's long-haul pilot program to test and
demonstrate the ability of Mexico-domiciled motor carriers to operate
safely in the United States beyond the municipalities in the United
States on the United States-Mexico international border or the
commercial zones of such municipalities. This action is required by the
``U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq
Accountability Appropriations Act, 2007'' and all subsequent
appropriations.

DATES: Comments must be received on or before May 13, 2013.

ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2011-0097 by any one of the following
methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility, (M-30), U.S. Department
of Transportation (DOT), 1200 New Jersey Avenue SE., West Building,
Ground Floor, Room 12-140, Washington, DC 20590-0001.
     Hand Delivery: Same as mail address above, between 9 a.m.
and 5 p.m., ET, Monday through Friday, except Federal holidays. The
telephone number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
All submissions must include the Agency name and docket number for this
notice. See the ``Public Participation'' heading below for instructions
on submitting comments and additional information.
    Note that all comments received, including any personal information
provided, will be posted without change to http://www.regulations.gov.
Please see the ``Privacy Act'' heading below.
    Docket: For access to the docket to read background documents or
comments, go to www.regulations.gov at any time or visit 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 document management system
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 acknowledgement
page that appears after submitting comments on-line.
    Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
Privacy Act System of Records Notice for the DOT Federal Docket
Management System published in the Federal Register on January 17, 2008
(73 FR 3316), or you may visit http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.
    Public Participation: The http://www.regulations.gov Web site is
generally available 24 hours each day, 365 days each year. You can get
electronic submission and retrieval help and guidelines under the
``help'' section of the http://www.regulations.gov Web site. Comments
received after the comment closing date will be included in the docket,
and will be considered to the extent practicable.

FOR FURTHER INFORMATION CONTACT: Marcelo Perez, FMCSA, North American
Borders Division, 1200 New Jersey Avenue SE., Washington, DC 20590-
0001. Telephone<PHONE_NUMBER> Ext. 228; email<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

Background

    On May 25, 2007, the President signed into law the U.S. Troop
Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability
Appropriations Act, 2007 (the Act), (Pub. L. 110-28, 121 Stat. 112,
183, May 25, 2007). Section 6901 of the Act requires that certain
actions be taken by the Department of Transportation (the Department)
as a condition of obligating or expending appropriated funds to grant
authority to Mexico-domiciled motor carriers to operate beyond the
municipalities in the United States on the United States-Mexico
international border or the commercial zones of such municipalities
(border commercial zones).
    On July 8, 2011, FMCSA announced in the Federal Register [76 FR
40420] its intent to proceed with the initiation of a U.S.-Mexico
cross-border long-haul trucking pilot program to test and demonstrate
the ability of Mexico-domiciled motor carriers to operate safely in the
United States beyond the border commercial zones as detailed in the
Agency's April 13, 2011, Federal Register notice [76 FR 20807]. The
pilot program is a part of FMCSA's implementation of the North American
Free Trade Agreement (NAFTA) cross-border long-haul trucking provisions
in compliance with section 6901(b)(2)(B) of the Act. FMCSA reviewed,
assessed, and evaluated the required safety measures as noted in the
July 8, 2011, notice and considered all comments received on or before
May 13, 2011, in response to the April 13, 2011, notice. Additionally,
to the extent practicable, FMCSA considered comments received after May
13, 2011.
    In accordance with section 6901(b)(2)(B)(i) of the Act, FMCSA is
required to publish in the Federal Register, and provide sufficient
opportunity for public notice and comment comprehensive data and
information on the PASAs conducted of motor carriers domiciled in
Mexico that are granted authority to operate beyond the border
commercial zones. This notice serves to fulfill this requirement.
    FMCSA is publishing for public comment the data and information
relating to one PASA that was completed on June 13, 2012. FMCSA
announces that the Mexico-domiciled motor carrier in Table 1
successfully completed the PASA. Notice of this completion was also
published in the FMCSA Register.
    Tables 2, 3 and 4 all titled (``Successful Pre-Authorization Safety
Audit (PASA) Information'') set out additional information on the
carrier(s) noted in Table 1. A narrative description of each column in
the tables is provided as follows:
    A. Row Number in the Appendix for the Specific Carrier: The row
number for each line in the tables.
    B. Name of Carrier: The legal name of the Mexico-domiciled motor
carrier that applied for authority to operate in the United States
(U.S.) beyond the border commercial zones and was considered for
participation in the long-haul pilot program.
    C. U.S. DOT Number: The identification number assigned to the
Mexico-domiciled motor carrier and required to be displayed on each
side of the motor carrier's power units. If granted provisional
operating authority, the Mexico-domiciled motor carrier will be
required to add the suffix ``X'' to the ending of its assigned U.S. DOT
Number for those vehicles approved to participate in the pilot program.
    D. FMCSA Register Number: The number assigned to the Mexico-
domiciled motor carrier's operating authority as found in the FMCSA
Register.
    E. PASA Initiated: The date the PASA was initiated.
    F. PASA Completed: The date the PASA was completed.
    G. PASA Results: The results upon completion of the PASA. The PASA
receives a quality assurance review before approval. The quality
assurance process involves a dual review by the FMCSA Division Office
supervisor of the auditor assigned to conduct the PASA and by the FMCSA
Service Center New Entrant Specialist designated for the specific FMCSA
Division Office. This dual review ensures the successfully completed
PASA was conducted in accordance with FMCSA policy, procedures and
guidance. Upon approval, the PASA results are uploaded into the FMCSA's
Motor Carrier Management Information System (MCMIS). The PASA
information and results are then recorded in the Mexico-domiciled motor
carrier's safety performance record in MCMIS.
    H. FMCSA Register: The date FMCSA published notice of a
successfully completed PASA in the FMCSA Register. The FMCSA Register
notice advises interested parties that the application has been
preliminarily granted and that protests to the application must be
filed within 10 days of the publication date. Protests are filed with
FMCSA Headquarters in Washington, DC. The notice in the FMCSA Register
lists the following information:
    a. Current registration number (e.g., MX-226885);
    b. Date the notice was published in the FMCSA Register;
    c. The applicant's name and address; and
    d. Representative or contact information for the applicant.

The FMCSA Register may be accessed through FMCSA's Licensing and
Insurance public Web site at http://li-public.fmcsa.dot.gov/, and
selecting FMCSA Register in the drop down menu.
    I. U.S. Drivers: The total number of the motor carrier's drivers
approved for long-haul transportation in the United States beyond the
border commercial zones.
    J. U.S. Vehicles: The total number of the motor carrier's power
units approved for long-haul transportation in the United States beyond
the border commercial zones.
    K. Passed Verification of 5 Elements (Yes/No): A Mexico-domiciled
motor carrier will not be granted provisional operating authority if
FMCSA cannot verify all of the following five mandatory elements. FMCSA
must:
    a. Verify a controlled substances and alcohol testing program
consistent with 49 CFR part 40.
    b. Verify a system of compliance with hours-of-service rules of 49
CFR part 395, including recordkeeping and retention;
    c. Verify the ability to obtain financial responsibility as
required by 49 CFR 387, including the ability to obtain insurance in
the United States;
    d. Verify records of periodic vehicle inspections; and
    e. Verify the qualifications of each driver the carrier intends to
use under such authority, as required by 49 CFR parts 383 and 391,
including confirming the validity of each driver's Licencia Federal de
Conductor and English language proficiency.
    L. If No, Which Element Failed: If FMCSA cannot verify one or more
of the five mandatory elements outlined in 49 CFR part 365, Appendix A,
Section III, this column will specify which mandatory element(s) cannot
be verified.
    Please note that for items L through P below, during the PASA,
after verifying the five mandatory elements discussed in item K above,
FMCSA will gather information by reviewing a motor carrier's compliance
with ``acute and critical'' regulations of the Federal Motor Carrier
Safety Regulations (FMCSRs) and Hazardous Materials Regulations (HMRs).
Acute regulations are those where noncompliance is so

severe as to require immediate corrective actions by a motor carrier
regardless of the overall basic safety management controls of the motor
carrier. Critical regulations are those where noncompliance relates to
management and/or operational controls. These regulations are
indicative of breakdowns in a carrier's management controls. A list of
acute and critical regulations is included in 49 CFR part 385, Appendix
B, Section VII.
    Parts of the FMCSRs and HMRs having similar characteristics are
combined together into six regulatory areas called ``factors.'' The
regulatory factors are intended to evaluate the adequacy of a carrier's
management controls.
    M. Passed Phase 1, Factor 1: A ``yes'' in this column indicates the
carrier has successfully met Factor 1 (listed in part 365, Subpart E,
Appendix A, Section IV(f)). Factor 1 includes the General Requirements
outlined in parts 387 (Minimum Levels of Financial Responsibility for
Motor Carriers) and 390 (Federal Motor Carrier Safety Regulations--
General).
    N. Passed Phase 1, Factor 2: A ``yes'' in this column indicates the
carrier has successfully met Factor 2, which includes the Driver
Requirements outlined in parts 382 (Controlled Substances and Alcohol
Use and Testing), 383 (Commercial Driver's License Standards;
Requirements and Penalties) and 391 (Qualifications of Drivers and
Longer Combination Vehicle (LCV) Driver Instructors).
    O. Passed Phase 1, Factor 3: A ``yes'' in this column indicates the
carrier has successfully met Factor 3, which includes the Operational
Requirements outlined in parts 392 (Driving of Commercial Motor
Vehicles) and 395 (Hours of Service of Drivers).
    P. Passed Phase 1, Factor 4: A ``yes'' in this column indicates the
carrier has successfully met Factor 4, which includes the Vehicle
Requirements outlined in parts 393 (Parts and Accessories Necessary for
Safe Operation) and 396 (Inspection, Repair and Maintenance) and
vehicle inspection and out-of-service data for the last 12 months.
    Q. Passed Phase 1, Factor 5: A ``yes'' in this column indicates the
carrier has successfully met Factor 5, which includes the hazardous
material requirements outlined in parts 171 (General Information,
Regulations, and Definitions), 177 (Carriage by Public Highway), 180
(Continuing Qualification and Maintenance of Packagings) and 397
(Transportation of Hazardous Materials; Driving and Parking Rules).
    R. Passed Phase 1, Factor 6: A ``yes'' in this column indicates the
carrier has successfully met Factor 6, which includes Accident History.
This factor is the recordable accident rate during the past 12 months.
A recordable ``accident'' is defined in 49 CFR 390.5, and means an
accident involving a commercial motor vehicle operating on a public
road in interstate or intrastate commerce which results in a fatality;
a bodily injury to a person who, as a result of the injury, immediately
received medical treatment away from the scene of the accident; or one
or more motor vehicles incurring disabling damage as a result of the
accident requiring the motor vehicle to be transported away from the
scene by a tow truck or other motor vehicle.
    S. Number U.S. Vehicles Inspected: The total number of vehicles
(power units) the motor carrier is approved to operate in the United
States beyond the border commercial zones that received a vehicle
inspection during the PASA. During a PASA, FMCSA inspected all power
units to be used by the motor carrier in the pilot program and applied
a current Commercial Vehicle Safety Alliance (CVSA) inspection decal,
if the inspection is passed successfully. This number reflects the
vehicles that were inspected, irrespective of whether the vehicle
received a CVSA inspection at the time of the PASA decal as a result of
a passed inspection.
    T. Number U.S. Vehicles Issued CVSA Decal: The total number of
inspected vehicles (power units) the motor carrier is approved to
operate in the United States beyond the border commercial zones that
received a CVSA inspection decal as a result of an inspection during
the PASA.
    U. Controlled Substances Collection: Refers to the applicability
and/or country of origin of the controlled substance and alcohol
collection facility that will be used by a motor carrier that has
successfully completed the PASA.
    a. ``US'' means the controlled substance and alcohol collection
facility is based in the United States.
    b. ``MX'' means the controlled substance and alcohol collection
facility is based in Mexico.
    c. ``Non-CDL'' means that during the PASA, FMCSA verified that the
motor carrier is not utilizing commercial motor vehicles subject to the
commercial driver's license requirements as defined in 49 CFR 383.5
(Definition of Commercial Motor Vehicle). Any motor carrier that does
not operate commercial motor vehicles as defined in Sec.  383.5 is not
subject to DOT controlled substance and alcohol testing requirements.
    V. Name of Controlled Substances and Alcohol Collection Facility:
Shows the name and location of the controlled substances and alcohol
collection facility that will be used by a Mexico-domiciled motor
carrier who has successfully completed the PASA.

                                 Table 1
------------------------------------------------------------------------
Row number in Tables 2, 3 and 4 of
  the Appendix to today's notice     Name of carrier       USDOT No.
------------------------------------------------------------------------
1 Servicio de Transporte                       557341  .................
 Internacional y Local SA de CV...
------------------------------------------------------------------------

                             Table 2--Successful Pre-Authorization Safety Audit (PASA) Information (see also Tables 3 and 4)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Column E--    Column F--                     Column H--
Column A--row   Column B--name of  Column C--US   Column D--FMCSA      PASA          PASA       Column G--PASA      FMCSA     Column I--US  Column J--US
    Number           carrier        DOT number    register number    initiated     completed       results        register       drivers      vehicles
--------------------------------------------------------------------------------------------------------------------------------------------------------
1............  Servicio de               557341  MX-226885           05/23/2012    06/13/2012  Pass...........     4/17/2013            13            20
                Transporte
                Internacional y
                Local SA de CV.
--------------------------------------------------------------------------------------------------------------------------------------------------------

                             Table 3--Successful Pre-Authorization Safety Audit (PASA) Information (see also Tables 2 and 4)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Column K-
 Column A-   Column B-name of   Column C-US  Column D-FMCSA      passed        Column L-If      Column M-      Column N-      Column O-      Column P-
 row Number       carrier       DOT number       register     verification      no, which    passed phase 1   passed phase   passed phase   passed phase
                                                 Number       of 5 elements  element failed      factor 1     1  factor 2    1  factor 3    1  factor 4
----------------------------------------------------------------(Yes/No)--------------------------------------------------------------------------------
1..........  Servicio de             557341  MX-226885       Yes...........  None..........  Pass..........  Pass.........  Pass.........  Pass
              Transporte
              Internacional y
              Local SA de CV.
--------------------------------------------------------------------------------------------------------------------------------------------------------

                 Table 4--Successful Pre-Authorization Safety Audit (PASA) Information as of September 9, 2011 (see also Tables 2 and 3)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Column V--Name
                                                               Column Q--      Column R--      Column S--    Column T--     Column U--    of controlled
 Column A--   Column B--name   Column C--US    Column D--    passed phase I  passed phase I    Number US      Number US     controlled    substances and
  row No.       of carrier        DOT No.         FMCSA          factor 5        factor 6       vehicles      vehicles      substance        alcohol
                                              register No.                                     inspected     issued CVSA    collection      collection
                                                                                decal                        facility
--------------------------------------------------------------------------------------------------------------------------------------------------------
1..........  Servicio de             557341  MX-226885       N/A...........  Pass..........  20...........            20  MX...........  Quest
              Transporte                                                                                Diagnostics
              Internacional y                                                                                Mexico SA de
              Local SA de CV.                                                                                CV.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    In an effort to provide as much information as possible for review,
the application and PASA results for this carrier are posted at the
Agency's Web site for the pilot program at http://www.fmcsa.dot.gov/intl-programs/trucking/Trucking-Program.aspx. For carriers that
participated in the Agency's demonstration project that ended in 2009,
copies of the previous PASA and compliance review, if conducted, are
also posted. All documents were redacted so that personal information
regarding the drivers is not released. Sensitive business information,
such as the carrier's tax identification number, is also redacted. In
response to previous comments received regarding the PASA notice
process, FMCSA also posted copies of the vehicle inspections conducted
during the PASA in the PASA document.
    A list of the carrier's vehicles approved by FMCSA for use in the
pilot program is also available at the above referenced Web site.
    During the PASA process, the auditor conducting the PASA identified
no acute violations but did identify violations of three critical
regulations: (1) driver qualification files that did not include
drivers' certification of violations (49 CFR Sec.  391.51(a)), (2)
absence of carrier inquiries about drivers' drug and alcohol history
(49 CFR 391.51(b)(2)), and (3) improper use of the 100-air-mile-radius
exemption (49 CFR 395.1(e). None of the violations, alone or in
combination, rises to a level that results in a failure of the PASA or
a failure in any of the five factors for evaluation.
    The Agency acknowledges that through the PASA process it was
determined that STIL had affiliations not identified in the original
application. It was noted during the Agency's vetting and documented as
an attachment to the PASA. STIL submitted for the record a letter
confirming the relationship with a U.S.-domiciled motor carrier,
International Transportation Services, Inc. (USDOT2257332).
During its vetting of the application and the PASA, FMCSA confirmed
that STIL did not establish or use the affiliated companies to evade
FMCSA regulation in continuing motor carrier operations, or for the
purpose of avoiding or hiding previous non-compliance or safety
problems.
    FMCSA reviewed the inspection records of the affiliated carrier,
International Transportation Services, Inc. (USDOT number 2257332), an
OP-1 carrier. International Transportation Services is currently in the
Agency's New Entrant program and has limited inspection data. The
company's SMS data reflects scores of 0% in the Unsafe Driving, Hours
of Service Compliance, Driver Fitness and Controlled Substances/Alcohol
BASICs. International Transportation Services has insufficient
inspections to receive a score in the Vehicle Maintenance BASIC.
    FMCSA notes that STIL exceeds the intervention thresholds in the
Safety Measurement System (SMS) in the Driver Fitness (99.5%) and
Vehicle Maintenance (94.8%) Behavioral Analysis and Safety Improvement
Categories (BASICs), as of the most recent 2-year period of data ending
on March 22, 2013.
    Of the 1,332 violations in the Driver Fitness BASIC, 1,320 involve
the English language proficiency (ELP) of the drivers. The drivers
approved for this pilot program completed ELP testing during the PASA.
Regarding Vehicle Maintenance, the Agency notes that STIL will be using
2008 and 2011 model year vehicles in the program and the vehicles
passed the inspections required to obtain a Commercial Vehicle Safety
Alliance (CVSA) decal. As a requirement of the pilot program, the
vehicles must be reinspected every 90 days and display a valid CVSA
decal.
    STIL has requested the use of 13 drivers and 20 vehicles to
participate in the pilot program. None of the proposed drivers have any
driver out of service violations noted on the 415 inspections conducted
during the 24 months prior to March 22, 2013. Of the 20 vehicles on
which FMCSA conducted inspections, all passed inspection and received
CVSA decals. The fleet includes both 2008 Freightliners and 2011
Internationals.
    A review of the 20 vehicles' inspection histories indicates 804
inspections during the 24 months on or before March 22, 2013. The
inspections resulted in 197 violations, of which 38 constituted out-of-
service violations.
    The Agency identified 3 crashes involving STIL reported to the
Motor Carrier Management Information System (MCMIS) during the 2-year
reporting period ending March 22, 2013. All crashes involved tow-away
activity but no fatalities or injuries. STIL has had 13 enforcement
actions between 2000 and 2012; all but one of those cases occurred
prior to 2012. The most recent enforcement action in 2012 involved a
violation of 49 CFR 396.7, operating a motor vehicle in such a
condition as to likely cause accident or breakdown, discovered during a
roadside

inspection. The notice of claim (NOC) was closed with a signed
settlement agreement and prompt payment of assessments. STIL does not
have any open enforcement cases. The motor carrier currently has a
driver out-of-service rate of 0% and a vehicle out-of-service rate of
9.0%. Both rates fall well below the current national averages of 5.5%
and 20.7%, respectively.
    STIL is currently a hazardous materials carrier (registration
060210600018SU) registered with the Pipeline and Hazardous
Materials Safety Agency (PHMSA) and reports the transportation of 7
types of hazardous materials on its MCS-150 filing for its OP-2
(commercial zone) authority. The motor carrier uses a specific fleet of
vehicles and a specific dispatch location for its commercial zone
operations. The fleet of vehicles and the dispatch location for these
operations differ entirely from the vehicles and dispatch location for
the upcoming OP-1MX authority operations. STIL will be subject to the
terms and conditions of the pilot program, and during the PASA process
FMCSA confirmed that STIL will not transport placardable hazardous
materials under the upcoming OP-1MX authority the pilot program.
    To obtain additional information about the current operating
characteristics of the company and to further explore the reasons for
the carrier's high BASICs scores, FMCSA completed a compliance review
on February 15, 2013. The results identified five violations: (1) Sec.
382.301(a), using a driver before the motor carrier has received a
negative pre-employment controlled substance test result; (2) Sec.
390.15(b), failing to maintain, for a period of 3 years after an
accident occurs, an accident register; (3) Sec. 391.11(b)(6), failing
to require driver to furnish list of motor vehicle traffic violations
each 12 months; (4) Sec. 395.8(a), failing to require driver to make a
record of duty status; and (5) Sec. 396.9(d)(3), failing to maintain
completed inspection form for 12 months from the date of inspection at
the carrier's principal place of business). No acute violations were
discovered, and the violations of critical regulations did not rise to
the level of critical violation. The carrier received a
``Satisfactory'' safety rating upon conclusion of the compliance
review. The Agency provided the carrier with recommendations for
correcting the violations, and corrective actions will be verified when
the Agency conducts another compliance review on the company within 18
months, as required under the Pilot Program.
    A copy of the compliance review report is available on the Agency's
Web site for the Pilot Program with the PASA document. The Agency noted
some differences between information provided by the motor carrier
during the PASA and the compliance review, such as vehicle and driver
counts, mileage, and gross revenues. The motor carrier explained that
they ceased some operations, reducing the vehicles, drivers, and
mileage. The differences on revenue figures were the company's total
revenue versus the revenue of the cross border operations.

Request for Comments

    In accordance with the Act, FMCSA requests public comment from all
interested persons on the PASA information presented in this notice.
All comments received before the close of business on the comment
closing date indicated at the beginning of this notice will be
considered and will be available for examination in the docket at the
location listed under the ADDRESSES section of this notice. Comments
received after the comment closing date will be filed in the public
docket and will be considered to the extent practicable. In addition to
late comments, the FMCSA will also continue to file, in the public
docket, relevant information that becomes available after the comment
closing date. Interested persons should continue to examine the public
docket for new material.
    FMCSA notes that under its regulations, preliminary grants of
authority, pending the carrier's showing of compliance with insurance
and process agent requirements and the resolution of any protests, are
publically noticed through publication in the FMCSA Register. Any
protests of such grants must be filed within 10 days of publication of
notice in the FMCSA Register.

    Issued on: April 19, 2013.
Anne S. Ferro,
Administrator.
[FR Doc. 2013-10305 Filed 4-30-13; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 80, Number 131 (Thursday, July 9, 2015)]
[Proposed Rules]
[Pages 39400-39402]
[FR Doc No: 2015-16806]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2015-0509]
RIN 1625-AA00

Safety Zone; Incredoubleman Triathlon, Henderson Bay, Lake
Ontario, Sackets Harbor, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a safety zone on
Henderson Bay, Lake Ontario, Sackets Harbor, NY for a triathlon event.
This safety zone is necessary to protect swimmers from vessels
operating in the area. This safety zone would restrict vessels from a
portion of Lake Ontario during the swimming portion of the
Incredoubleman Triathlon event.

DATES: Comments and related materials must be received by the Coast
Guard on or before August 10, 2015. Requests for public meetings must
be received July 29, 2015.

ADDRESSES: You may submit comments identified by docket number USCG-
2015-0509 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Delivery: At the same as mail address above, between 9 a.m. and
5 p.m., Monday through Friday, except federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LTJG Amanda Garcia, Chief of Waterways Management, U.S.
Coast Guard Sector Buffalo; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone<PHONE_NUMBER> or 1-800-647-5527.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2015-0509), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online at http://www.regulations.gov or by fax, mail, or hand delivery,
but please use only one of these means. If you submit a comment online,
it will be considered received by the Coast Guard when the comment is
successfully transmitted. If you fax, hand deliver, or mail your
comment, it will be considered received by the Coast Guard when the
comment is received at the Docket Management Facility. We recommend
that you include your name and a mailing address, an email address, or
a telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
type the docket number [USCG-2015-0509] in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this notice of proposed rulemaking.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to

http://www.regulations.gov, type the docket number (USCG-2015-0509) in
the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on
the line associated with this rulemaking. You may also visit the Docket
Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. If you want us to hold
a public meeting, submit your request by July 29, 2015, using one of
the methods specified under ADDRESSES. Any subsequent meetings held
where public comment is sought to aid this rulemaking would be held at
a time and place announced by a later notice in the Federal Register.

B. Basis and Purpose

    The legal basis and authorities for this rulemaking are found in 33
U.S.C. 1231, 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Public Law 107-295, 116 Stat.
2064; and Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to establish and define
regulatory safety zones.
    Between 7:45 a.m. until 9:30 a.m. on September 12 and 13, 2015, a
triathlon/swimming race will be held offshore of Henderson Bay, Lake
Ontario, Sackets Harbor, NY. The Captain of the Port Buffalo has
determined that a large scale swimming event on a navigable waterway
will pose a significant risk to participants and the boating public.

D. Discussion of Proposed Rule

    With the aforementioned hazards in mind, the Captain of the Port
Buffalo proposes to establish a safety zone that will ensure the safety
of participants, spectators, and vessels during the IncreDoubleman
Triathlon event. The proposed safety zone would be effective and
enforced from 7 a.m. until 10 a.m. on September 12 and 13, 2015. The
proposed zone would encompass all areas on the waters of Henderson Bay,
Lake Ontario, Sackets Harbor, NY within the following positions:
43[deg]53'52.58'' N. and 076[deg]7'40.19'' W., then Northwest to
43[deg]54'4.44'' N. and 076[deg]7'43.89'' W., then Southwest to
43[deg]53'57.19'' N. and 076[deg]8'19.19'' W., then Southeast to
43[deg]53'52.58'' N. and 076[deg]7'40.19'' W. (NAD 83).
    Entry into, transiting, or anchoring within the proposed safety
zone is prohibited unless authorized by the Captain of the Port Buffalo
or his on-scene representative. The Captain of the Port or his on-scene
representative may be contacted via VHF Channel 16.

E. Regulatory Analyses

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

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. It is not
``significant'' under the regulatory policies and procedures of the
Department of Homeland Security (DHS). We conclude that this proposed
rule is not a significant regulatory action because we anticipate that
it will have minimal impact on the economy, will not interfere with
other agencies, will not adversely alter the budget of any grant or
loan recipients, and will not raise any novel legal or policy issues.
The safety zone created by this proposed rule will be relatively small
and enforced for relatively short time. Also, the proposed safety zone
is designed to minimize its impact on navigable waters.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule will not have a significant economic impact on a
substantial number of small entities. This proposed rule may affect the
following entities, some of which might be small entities: The owners
or operators of vessels intending to transit or anchor in a portion of
Lake Ontario near Sackets Harbor, NY between 7 a.m. to 1 a.m. on
September 12 and 13, 2015.
    This proposed safety zone will not have a significant economic
impact on a substantial number of small entities for the following
reasons: The safety zone will be enforced for only 3 hours early in the
day for two days. Traffic may be allowed to pass through the zone with
the permission of the Captain of the Port. The Captain of the Port can
be reached via VHF channel 16. Before the enforcement of the zone, we
would issue local Broadcast Notice to Mariners.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this proposed rule would economically affect it.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION
CONTACT, above. The Coast Guard will not retaliate against small
entities that comment on this proposed rule or any policy or action of
the Coast Guard.

4. Collection of Information

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

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
determined that this

rulemaking does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
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.

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

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

12. Energy Effects

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

13. Technical Standards

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

14. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. This proposed rule is
categorically excluded, under figure 2-1, paragraph (34)(g), of the
Commandant Instruction because it involves the establishment of a
safety zone.
    A preliminary environmental analysis checklist and a preliminary
categorical exclusion determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
proposed rule.

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 proposes
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 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.T09-0509 to subpart F under the undesignated center
heading Ninth Coast Guard District to read as follows:

Sec.  165.T09-0509  Safety Zone; Incredoubleman Triathlon, Henderson
Bay, Lake Ontario, Sackets Harbor, NY.

    (a) Location. The following area is a safety zone: All areas on the
waters of Henderson Bay, Lake Ontario, Sackets Harbor, NY within the
following positions: 43[deg]53'52.58'' N. and 076[deg]7'40.19'' W.,
then Northwest to 43[deg]54'4.44'' N. and 076[deg]7'43.89'' W., then
Southwest to 43[deg]53'57.19'' N. and 076[deg]8'19.19'' W., then
Southeast to 43[deg]53'52.58'' N and 076[deg]7'40.19'' W. (NAD 83).
    (b) Enforcement period. This section will be enforced from 7 a.m.
until 10 a.m. on September 12 and 13, 2015.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23, entry into, transiting, or anchoring within this safety
zone is prohibited unless authorized by the Captain of the Port Buffalo
or his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Buffalo or his designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port
Buffalo is any Coast Guard commissioned, warrant or petty officer who
has been designated by the Captain of the Port Buffalo to act on his
behalf.
    (4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Buffalo or his on-scene
representative to obtain permission to do so. The Captain of the Port
Buffalo or his on-scene representative may be contacted via VHF Channel
16. Vessel operators given permission to enter or operate in the safety
zone must comply with all directions given to them by the Captain of
the Port Buffalo, or his on-scene representative.

    Dated: June 15, 2015.
B.W. Roche,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2015-16806 Filed 7-8-15; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: June 16, 2009 (Volume 74, Number 114)]
[Notices]
[Page 28587-28588]
[DOCID:fr16jn09-100]

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

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2009-0144]

Agency Information Collection Activities; Revision of Two
Currently Approved Information Collection Requests: OMB Control Numbers
2126-0032 and 2126-0033 (Financial and Operating Statistics for Motor
Carriers of Property)

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

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, this
notice announces FMCSA's plan to submit to the Office of Management and
Budget (OMB) its request to revise two currently-approved information
collection requests (ICRs) as follows: (1) OMB Control Number 2126-0032
entitled, ``Annual Report of Class I and Class II Motor Carriers of
Property (formerly OMB 2139-0004),'' and (2) OMB Control Number 2126-
0033 entitled, ``Quarterly Report of Class I Motor Carriers of Property
(formerly OMB 2139-0002).'' These ICRs are necessary to ensure that
motor carriers comply with FMCSA's financial and operating statistics
requirements at chapter III of title 49 CFR part 369 entitled,
``Reports of Motor Carriers.'' On April 8, 2009, FMCSA published a
Federal Register notice allowing for a 60-day comment period on the
ICR. No comments were received.

DATES: Please send your comments by July 16, 2009. OMB must receive
your comments by this date in order to act quickly on the ICR.

ADDRESSES: All comments should reference Federal Docket Management
System (FDMS) Docket Number FMCSA-2009-0144. Interested persons are
invited to submit written comments on the proposed information
collection to the Office of Information and Regulatory Affairs, Office
of Management and Budget. Comments should be addressed to the attention
of the Desk Officer, Department of Transportation/Federal Motor Carrier
Safety Administration, and sent via electronic mail to oira_
<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>, or mailed to the
Office of Information and Regulatory Affairs, Office of Management and
Budget, Docket Library, Room 10102, 725 17th Street, NW., Washington,
DC 20503.

FOR FURTHER INFORMATION CONTACT: Ms. Vivian Oliver, Office of Research
and Information Technology, Department of Transportation, Federal Motor
Carrier Safety Administration, West Building 6th Floor, 1200 New Jersey
Avenue, SE., Washington, DC 20590-0001. Telephone:<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Office hours are from 9 a.m. to 5 p.m., Monday
through Friday, except Federal Holidays.

SUPPLEMENTARY INFORMATION:
    Title: Annual Report of Class I and Class II Motor Carriers of
Property (formerly OMB Control Number 2139-0004).
    New OMB Control Number: 2126-0032.
    Type of Request: Revision of a currently-approved information
collection.
    Respondents: Class I and Class II Motor Carriers of Property.
    Estimated Number of Respondents: 372 (per year).
    Estimated Time per Response: 9 hours.
    Expiration Date: June 30, 2009.
    Frequency of Response: Annually.
    Estimated Total Annual Burden: 3,348 hours [372 respondents x 9
hours to complete form = 3,348].

    Title: Quarterly Report of Class I Motor Carriers of Property
(formerly OMB Control Number 2139-0002).
    New OMB Control Number: 2126-0033.
    Type of Request: Revision of a currently-approved information
collection.
    Respondents: Class I Motor Carriers of Property.
    Estimated Number of Respondents: 120.
    Estimated Time per Response: 1.8 hours (27 minutes per quarter).
    Expiration Date: June 30, 2009.
    Frequency of Response: Quarterly.
    Estimated Total Annual Burden: 216 hours [120 respondents x 1.8
hours to complete forms = 216].
    Background: The Annual Report of Class I and Class II Motor
Carriers of Property (Form M) and the Quarterly Report of Class I Motor
Carriers of Property (Form QFR) are reporting requirements for all for-
hire motor carriers. See 49 U.S.C. Sec.  14123, and implementing FMCSA
regulations at 49 CFR part 369. The Secretary of Transportation
(Secretary) has exercised his discretion under section 14123 to also
require Class I property carriers (including dual-property carriers),
Class I household goods carriers and Class I passenger carriers to file
quarterly reports. Motor carriers (including interstate and intrastate)
subject to the Federal Motor Carrier Safety Regulations are classified
on the basis of their gross carrier operating revenues.\1\
---------------------------------------------------------------------------

    \1\ For purposes of the F&OS program, carriers are classified
into the following three groups: (1) Class I carriers are those
having annual carrier operating revenues (including interstate and
intrastate) of $10 million or more after applying the revenue
deflator formula as set forth in Note A of 49 CFR 369.2; (2) Class
II carriers are those having annual carrier operating revenues
(including interstate and intrastate) of at least $3 million, but
less than $10 million after applying the revenue deflator formula as
set forth in 49 CFR 369.2; and (3) Class III carriers are those
having annual carrier operating revenues (including interstate and
intrastate) of less than $3 million after applying the revenue
deflator formula as set forth in Note A of 49 CFR Sec.  369.2.
---------------------------------------------------------------------------

    Under the F&OS program, FMCSA collects from Class I and Class II
property carriers balance sheet and income statement data along with
information on safety needs, tonnage, mileage, employees,
transportation equipment, and other related data. FMCSA may also ask
carriers to respond to surveys concerning their operations. The data
and information collected would be made publicly available and used by
FMCSA to determine a motor carrier's compliance with the F&OS program
requirements prescribed at chapter III of title 49 CFR part 369.
    The regulations were formerly administered by the Interstate
Commerce Commission and later transferred to the Secretary on January
1, 1996, by section 103 of the ICC Termination Act of 1995 (Pub. L.104-
88, 109 Stat. 803 (Dec. 29, 1995)), now

codified at 49 U.S.C. 14123. On September 30, 1998, the Secretary
delegated and transferred the authority to administer the F&OS program
to the former Bureau of Transportation Statistics (BTS), now part of
the Research and Innovative Technology Administration (RITA), to former
chapter XI, subchapter B of 49 CFR part 1420 (63 FR 52192).
    On September 29, 2004, the Secretary transferred the responsibility
for the F&OS program from BTS to FMCSA in the belief that the program
was more aligned with FMCSA's mission and its other motor carrier
responsibilities (69 FR 51009). On August 10, 2006, the Secretary
published a final rule (71 FR 45740) that transferred and redesignated
certain motor carrier financial and statistical reporting regulations
of BTS, that were formerly located at chapter XI, subchapter B of title
49 CFR part 1420, to FMCSA under chapter III of title 49 CFR part 369.
    On April 8, 2009, FMCSA published a Federal Register notice on this
same topic and provided 60 days for public comment (74 FR 16037). The
Agency received no comments to the docket in response to this notice.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including: (1) Whether the proposed
collection is necessary for the FMCSA to perform its functions; (2) the
accuracy of the estimated burden; (3) ways for the FMCSA to enhance the
quality, usefulness, and clarity of the collected information; and (4)
ways that the burden could be minimized without reducing the quality of
the collected information.

    Issued on: June 2, 2009
David G. Anewalt,
Acting Associate Administrator for Research and Information Technology.
[FR Doc. E9-14122 Filed 6-15-09; 8:45 am]

BILLING CODE 4910-EX-P