[Federal Register Volume 88, Number 20 (Tuesday, January 31, 2023)]
[Rules and Regulations]
[Pages 6168-6169]
[FR Doc No: 2023-01911]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0070]
RIN 1625-AA00

Safety Zone; Laguna Madre, South Padre Island, TX

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain navigable waters in the Laguna Madre. The safety zone is needed
to protect personnel, vessels, and the marine environment from
potential hazards created by a firework display launched from a barge
in the Laguna Madre, South Padre Island, Texas. Entry of vessels or
persons into this zone is prohibited unless specifically authorized by
the Captain of the Port Sector Corpus Christi or a designated
representative.

DATES: This rule is effective from 8:30 through 9 p.m. on January 28,
2023.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander Anthony Garofalo, Sector Corpus
Christi Waterways Management Division, U.S. Coast Guard; telephone 361-
939-5130, 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. We must
establish this safety zone immediately to protect personnel, vessels,
and the marine environment from potential hazards created by the
fireworks display and lack sufficient time to provide a reasonable
comment period and then to 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 immediate
action is needed to respond to the potential safety hazards associated
with fireworks launched from a barge in the waters of the Laguna Madre.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Sector Corpus Christi (COTP) has
determined that potential hazards associated with the fireworks display
from 8:30 through 9 p.m. on January 28, 2023, will be a safety concern
for anyone within the waters of the Laguna Madre area with a 200 yds
radius from the following point; 26[deg]5'49.71'' N, 97[deg]10'14.69''
W. The purpose of this rule is to ensure safety of vessels and persons
on these navigable waters in the safety zone while the display of the
fireworks takes place in the Laguna Madre.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from 8:30 through 9
p.m. on January 28, 2023. The safety zone will encompass certain
navigable waters of the Laguna Madre and is defined by a 200 yds radius
around the launching platform. The regulated area encompasses a 200 yds
radius from the following point; 26[deg]5'49.71'' N, 97[deg]10'14.69''
W. The fireworks display will take place in waters of the Laguna Madre.
No vessel or person is permitted to enter the temporary safety zone
during the effective period without obtaining permission from the COTP
or a designated representative, who may be contacted on Channel 16 VHF-
FM (156.8 MHz) or by telephone at<PHONE_NUMBER>. The Coast Guard will
issue Broadcast Notices to Mariners, Local Notices to Mariners, and/or
Safety Marine Information Broadcasts as appropriate.

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 temporary safety zone
will be enforced for a short period of less than one hour. The zone is
limited to a 200 yds radius from the launching position of in the
navigable waters of the Laguna Madre. The rule does not completely
restrict the traffic within a waterway and allows mariners to request
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
temporary 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
contact the person

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

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, and 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 establishment of a temporary safety
zone for navigable waters of the Laguna Madre in a zone defined by a
200 yds radius from the following coordinate: 26[deg]5'49.71'' N,
97[deg]10'14.69'' W. The safety zone is needed to protect personnel,
vessels, and the marine environment from potential hazards created by
fireworks display in the waters of the Laguna Madre. It is
categorically excluded from further review under paragraph L60 of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
record of environmental consideration is not necessary, but will be
provided if needed.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.

0
2. Add Sec.  165.T08-0070 to read as follows:

Sec.  165.T08-0070  Safety Zone; Laguna Madre, South Padre Island, TX.

    (a) Location. The following area is a safety zone: all navigable
waters of the Laguna Madre encompassed by a 200 yds radius from the
following point; 26[deg]5'49.71'' N, 97[deg]10'14.69'' W.
    (b) Effective period. This section is effective from 8:30 through 9
p.m. on January 28, 2023.
    (c) Regulations. (1) According to the general regulations in Sec.
165.23 of this part, entry into this temporary safety zone is
prohibited unless authorized by the Captain of the Port Sector Corpus
Christi (COTP) or a designated representative. They may be contacted on
Channel 16 VHF-FM (156.8 MHz) or by telephone at<PHONE_NUMBER>.
    (2) If permission is granted, all persons and vessels shall comply
with the instructions of the COTP or designated representative.
    (d) Information broadcasts. The COTP or a designated representative
will inform the public of the enforcement times and date for this
safety zone through Broadcast Notices to Mariners, Local Notices to
Mariners, and/or Safety Marine Information Broadcasts as appropriate.

M.A. Cintron,
Captain, U.S. Coast Guard, Acting Captain of the Port Sector Corpus
Christi.
[FR Doc. 2023-01911 Filed 1-30-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: May 23, 2007 (Volume 72, Number 99)]
[Notices]
[Page 29019-29020]
[DOCID:fr23my07-103]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55774; File No. SR-BSE-2007-09]

Self-Regulatory Organizations; Boston Stock Exchange, Inc.;
Notice of Filing of Proposed Rule Change and Amendment No. 1 Thereto
Relating to Appointment of Market Makers

May 16, 2007.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on February 20, 2007, the Boston Stock Exchange (``BSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been substantially prepared by the BSE.
On May 11, 2007, the Exchange filed with the Commission Amendment No.
1.\3\ The Commission is publishing this notice to solicit comments on
the proposed rule change, as amended, from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Amendment No. 1 supersedes and replaces the original
proposal in its entirety.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Section 4 (Appointment of Market
Makers) of Chapter VI of the Rules of the Boston Options Exchange
(``BOX''). The BSE is proposing to amend the BOX Rules to grant the
authority for the Exchange to approve Market Maker appointments instead
of the Board or a committee designated by the Board, as the rule
currently states. The Exchange is also proposing to provide a process
for those Market Makers who wish to withdraw from trading an option
issue within their appointment. The text of the proposed rule change is
available on the Exchange's website (http://www.bse.com), at the

Exchange's Office of the Secretary and at the Commission.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
Sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend Section 4 (Appointment of Market
Makers) of Chapter VI of the BOX Rules to grant the authority for the
Exchange to approve Market Maker appointments instead of the Board or
committee designated by the Board, as the rule currently states. The
Exchange is also proposing to provide a process for those Market Makers
who wish to withdraw from trading an option issue within their
appointment.
    The proposed change of granting the Exchange the authority to
approve Market Maker appointments instead of the Board or a committee
designated by the Board will help aid in the efficiency of BOX's Market
Maker allocation process. If approved, this proposed change will allow
the regulatory staff of the Exchange the ability to approve Market
Maker appointments. The BSE regulatory staff is more accessible than
the Board and this change will help with the expediency of the Market
Marker allocation approval process.
    The Exchange has also proposed to add a provision to establish a
process for those Market Makers who wish to withdraw from trading an
option issue within their appointment.\4\ A Market Maker may withdraw
from an appointment as long as the Market Maker provides BOX with three
business days written notice of their intent to withdraw from an
appointment. If such written notice is not provided to BOX, then the
Market Maker may be subject to formal disciplinary action.
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    \4\ See Proposed Section 4, subparagraph (i), Chapter VI of the
BOX Rules.

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2. Statutory Basis
    The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Act,\5\ in general, and Section
6(b)(5) of the Act,\6\ in particular, in that it is designed to promote
just and equitable principles of trade, to remove impediments to and
perfect the mechanism of a free and open market and national market
system, and protect investors and the public interest.
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    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received from Members, Participants, or Others

    The Exchange has neither solicited nor received comments on the
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) As the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the BSE consents, the Commission will:
    (a) By order approve such proposed rule change, or
    (b) Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules.sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-BSE-2007-09 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
    All submissions should refer to File No. SR-BSE-2007-09. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules.sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying at the Commission's Public Reference Room. Copies of such
filing will also be available for inspection and copying at the
principal office of the BSE. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you with to make available publicly. All submissions should refer to
the file number in the caption above and should be submitted on or
before June 13, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\7\
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    \7\ 17 CFR 200.30-3(a)(12).
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J. Lynn Taylor,
Assistant Secretary.
 [FR Doc. E7-9855 Filed 5-22-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: March 4, 2010 (Volume 75, Number 42)]
[Notices]
[Page 9916-9917]
[DOCID:fr04mr10-93]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2009-0001]

Agency Information Collection Activities: Submission for OMB
Review; Comment Request, OMB No. 1660-NEW; FEMA Preparedness Grants:
Emergency Management Performance Grant (EMPG)

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice; 30-day notice and request for comments; new
information; OMB No. 1660-NEW; FEMA Form--None.

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SUMMARY: The Federal Emergency Management Agency (FEMA) has submitted
the information collection abstracted below to the Office of Management
and Budget for review and clearance in accordance with the requirements
of the Paperwork Reduction Act of 1995. The submission describes the
nature of the information collection, the categories of respondents,
the estimated burden (i.e., the time, effort and resources used by
respondents to respond) and cost, and the actual data collection
instruments FEMA will use.

DATES: Comments must be submitted on or before April 5, 2010.

ADDRESSES: 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 Desk
Officer for the Department of Homeland Security, Federal Emergency
Management Agency, and sent via electronic mail to
<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of the information collection should be made to Director, Office
of Records Management, 1800 South Bell Street, Arlington, VA 20598-
3005, facsimile number<PHONE_NUMBER>, or e-mail address FEMA-
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Collection of Information

    Title: FEMA Preparedness Grants: Emergency Management Performance
Grant (EMPG). The title has changed since publication of the 60-Day
Federal Register Notice at 74 FR 59237, Nov. 17, 2009.
    Type of information collection: New information collection.
    OMB Number: 1660-NEW.
    Form Titles and Numbers: FEMA Form--None.
    Abstract: The Emergency Management Performance Grants (EMPG) assist
State and local governments in enhancing and sustaining all-hazards
emergency management capabilities. The EMPG Work Plan narrative must
demonstrate how proposed projects address gaps, deficiencies, and
capabilities in current programs and the ability to provide
enhancements consistent with the purpose of the program and guidance
provided by FEMA. FEMA uses the information to provide details,
timelines, and milestones on proposed projects.

    Affected Public: State, Local or Tribal Government.
    Estimated Number of Respondents: 58.
    Frequency of Response: On occasion.
    Estimated Average Hour Burden per Respondent: 3 hours.
    Estimated Total Annual Burden Hours: 174 hours.
    Estimated Cost: There is no annual reporting or recordkeeping costs
associated with this collection.

Larry Gray,
Director, Office of Records Management, Office of Management, Federal
Emergency Management Agency, Department of Homeland Security.
[FR Doc. 2010-4444 Filed 3-3-10; 8:45 am]
BILLING CODE 9111-78-P


[Federal Register Volume 76, Number 21 (Tuesday, February 1, 2011)]
[Rules and Regulations]
[Pages 5470-5471]
[FR Doc No: 2011-2055]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2010-1033; Airspace Docket No. 10-AGL-21]

Amendment of Class E Airspace; Richmond, IN

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class E airspace at Richmond, IN, to
accommodate new Area Navigation (RNAV) Standard Instrument Approach
Procedures (SIAP) at Reid Hospital Heliport, Richmond, IN. The FAA is
taking this action to enhance the safety and management of Instrument
Flight Rule (IFR) operations at the heliport.

DATES: Effective date: 0901 UTC, May 5, 2011. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone (817) 321-
7716.

SUPPLEMENTARY INFORMATION:

History

    On November 8, 2010, the FAA published in the Federal Register a
notice of proposed rulemaking to amend Class E airspace for Richmond,
IN, creating controlled airspace at Reid Hospital Heliport (75 FR
68555) Docket No. FAA-2010-1033. Interested parties were invited to
participate in this rulemaking effort by submitting written comments on
the proposal to the FAA. No comments were received. Class E airspace
designations are published in paragraph 6005 of FAA Order 7400.9U dated
August 18, 2010, and effective September 15, 2010, which is
incorporated by reference in 14 CFR 71.1. The Class E airspace
designations listed in this document will be published subsequently in
the Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
part 71 by amending Class E airspace extending upward from 700 feet
above the surface to accommodate the new COPTER RNAV (POINT-IN-SPACE)
standard instrument approach procedures at Reid Hospital Heliport,
Richmond, IN. This action is necessary for the safety and management of
IFR operations at the heliport.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation: (1) Is not a ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under DOT

Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, section 106, describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
subtitle VII, part A, subpart I, section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends controlled airspace at Reid Hospital Heliport, Richmond,
IN.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

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

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

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9U, Airspace Designations and
Reporting Points, dated August 18, 2010, and effective September 15,
2010, is amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface.

* * * * *

AGL IN E5 Richmond, IN [Amended]

Richmond Municipal Airport, IN
    (Lat. 39[deg]45'26'' N., long. 84[deg]50'34'' W.)

Reid Hospital Heliport, IN
Point In Space
    (Lat. 39[deg]52'25'' N., long. 84[deg]53'24'' W.)

    That airspace extending upward from 700 feet above the surface
within a 7-mile radius of Richmond Municipal Airport, and within a
6-mile radius of the Reid Hospital Heliport point in space at lat.
39[deg]52'25'' N., long. 84[deg]53'24'' W.

    Issued in Fort Worth, Texas, on January 14, 2011.
Richard J. Kervin, Jr.,
Acting Manager Operations Support Group, ATO Central Service Center.
[FR Doc. 2011-2055 Filed 1-31-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 205 (Thursday, October 23, 2014)]
[Notices]
[Pages 63389-63390]
[FR Doc No: 2014-25253]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: EC15-11-000.
    Applicants: American Transmission Company LLC.
    Description: Application for Authority to Acquire Transmission
Facilities under Section 203 of the Federal Power Act, Request for
Expedited Treatment and Shortened Notice Period of American
Transmission Company LLC.
    Filed Date: 10/15/14.
    Accession Number: 20141015-5165.
    Comments Due: 5 p.m. ET 11/5/14.

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG15-6-000.
    Applicants: Heritage Stoney Corners Wind Farm I, LLC.
    Description: Self-Certification of Exempt Wholesale Generator
Status of Heritage Stoney Corners Wind Farm I, LLC.
    Filed Date: 10/16/14.
    Accession Number: 20141016-5086.
    Comments Due: 5 p.m. ET 11/6/14.

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

    Docket Numbers: ER10-1901-010.

    Applicants: Upper Peninsula Power Company.
    Description: Notice of Non-Material Change in Status of Upper
Peninsula Power Company.
    Filed Date: 10/16/14.
    Accession Number: 20141016-5051.
    Comments Due: 5 p.m. ET 11/6/14.

    Docket Numbers: ER14-623-001.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Amendment per 35.17(b): Compliance Filing per
2/20/2014 Order in Docket No. ER14-623-000 to be effective 11/4/2014.
    Filed Date: 10/16/14.
    Accession Number: 20141016-5068.
    Comments Due: 5 p.m. ET 11/6/14.

    Docket Numbers: ER14-2236-001.
    Applicants: New York Independent System Operator, Inc., PJM
Interconnection, L.L.C.
    Description: Compliance filing per 35: NYISO/PJM joint compliance
filing to set effective date for NYISO/PJM JOA re CTS to be effective
11/4/2014.
    Filed Date: 10/16/14.
    Accession Number: 20141016-5067.
    Comments Due: 5 p.m. ET 11/6/14.

    Docket Numbers: ER14-2740-001.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Amendment per 35.17(b): Compliance Filing in
Docket No. ER14-2740-000 to be effective 11/4/2014.
    Filed Date: 10/16/14.
    Accession Number: 20141016-5070.
    Comments Due: 5 p.m. ET 11/6/14.

    Docket Numbers: ER14-2802-001.
    Applicants: CP Energy Marketing (US) Inc.
    Description: Tariff Amendment per 35.17(b): Supplement to Request
for Category 1 Status to be effective 9/9/2014.
    Filed Date: 10/15/14.
    Accession Number: 20141015-5144.
    Comments Due: 5 p.m. ET 11/5/14.

    Docket Numbers: ER14-2803-001.
    Applicants: CPI USA North Carolina LLC.
    Description: Tariff Amendment per 35.17(b): Supplement to Request
for Category 1 Status to be effective 9/9/2014.
    Filed Date: 10/15/14.
    Accession Number: 20141015-5145.
    Comments Due: 5 p.m. ET 11/5/14.

    Docket Numbers: ER15-111-000.
    Applicants: Public Service Company of Colorado.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): 2014-
10-16_TSGT-TSA 110 Agrmt-332-NOC-Filing to be effective 10/1/2014.
    Filed Date: 10/16/14.
    Accession Number: 20141016-5042.
    Comments Due: 5 p.m. ET 11/6/14.

    Docket Numbers: ER15-112-000.
    Applicants: ISO New England Inc.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): 2015
Revised Tariff Sheets for Administrative Costs and Capital Budget to be
effective 1/1/2015.
    Filed Date: 10/16/14.
    Accession Number: 20141016-5061.
    Comments Due: 5 p.m. ET 11/6/14.

    Docket Numbers: ER15-113-000.
    Applicants: ISO New England Inc.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): Rev.
Tariff Sheet for Recovery of Costs 2015 NESCOE to be effective 1/1/
2015.
    Filed Date: 10/16/14.
    Accession Number: 20141016-5063.
    Comments Due: 5 p.m. ET 11/6/14.

    Docket Numbers: ER15-114-000.
    Applicants: Alterna Springerville LLC.
    Description: Initial rate filing per 35.12 Baseline MBR Tariff to
be effective 1/1/2015.
    Filed Date: 10/16/14.
    Accession Number: 20141016-5066.
    Comments Due: 5 p.m. ET 11/6/14.

    Docket Numbers: ER15-115-000.
    Applicants: ISO New England Inc.
    Description: ISO New England Inc.'s 3Q Capital Budget Report.
    Filed Date: 10/16/14.
    Accession Number: 20141016-5096.
    Comments Due: 5 p.m. ET 11/6/14.

    Docket Numbers: ER15-116-000.
    Applicants: Consumers Energy Company.
    Description: Notice of Cancellation of Consumers Energy Company
Service Agreement No. 59--Tariff No. 6.
    Filed Date: 10/16/14.
    Accession Number: 20141016-5097.
    Comments Due: 5 p.m. ET 11/6/14.

    Take notice that the Commission received the following land
acquisition reports:

    Docket Numbers: LA14-3-000.
    Applicants: Wolverine Power Supply Cooperative, Inc.
    Description: Quarterly Land Acquisition Report of Wolverine Power
Supply Cooperative, Inc.
    Filed Date: 10/16/14.
    Accession Number: 20141016-5094.
    Comments Due: 5 p.m. ET 11/6/14.

    Take notice that the Commission received the following public
utility holding company filings:

    Docket Numbers: PH15-2-000.
    Applicants: Consolidated Edison, Inc.
    Description: Consolidated Edison, Inc. submits FERC 65-B Material
Change in Facts of Waiver Notification.
    Filed Date: 10/15/14.
    Accession Number: 20141015-5181.
    Comments Due: 5 p.m. ET 11/5/14.

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

    Dated: October 16, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-25253 Filed 10-22-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 247 (Thursday, December 26, 2019)]
[Notices]
[Pages 71067-71068]
[FR Doc No: 2019-27707]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket Number: FAA-2019-0946]

Pilot Records Improvement Act; Agency Information Collection
Activities: Requests for Comments; Clearance of a Renewed Approval of
Information Collection: Pilot Records Improvement Act of 1996/Pilot
Record Database

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 to renew an information
collection. This collection involves the pilot/applicant's name, home
address which is provided by the applicant, and his/her FAA certificate
number. In most cases, the certificate number is one that has been
assigned by Airmen Certification. The information collected is
imperative to be able to identify the airman in order to process the
required background check for the potential hiring air carrier
employer.

DATES: Written comments should be submitted by February 24, 2020.

ADDRESSES: Please send written comments:
    By Electronic Docket: www.regulations.gov (Enter docket number into
search field).
    By mail: FEDERAL AVIATION ADMINISTRATION, ATTN: Aviation Data
Systems Branch, AFS-620 (PRD/

PRIA), PO Box 25082, Oklahoma City, OK 73125-0082.
    By fax:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Christopher Morris by email at:
<EMAIL_ADDRESS>or by calling<PHONE_NUMBER>.

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: 2120-0607.
    Title: Pilot Records Improvement Act of 1996/Pilot Record Database.
    Form Numbers:

FAA 8060-10 FAA RECORDS REQUEST (PRIA)
FAA 8060-10 AIRMAN NOTICE AND RIGHT TO RECEIVE COPY--FAA RECORDS (PRIA)
FAA 8060-11 AIR CARRIER AND OTHER RECORDS REQUEST (PRIA)
FAA 8060-11A AIRMAN NOTICE AND RIGHT TO RECEIVE COPY--AIR CARRIER AND
OTHER RECORDS (PRIA)
FAA 8060-12 AUTHORIZATION FOR RELEASE OF DOT DRUG AND ALCOHOL TESTING
RECORDS UNDER PRIA AND MAINTAINED UNDER TITLE 49 CODE OF FEDERAL
REGULATIONS (49 CFR) PART 40
FAA 8060-13 NATIONAL DRIVER REGISTER RECORDS REQUEST (PRIA)
FAA FORM 8060-XX PILOT CONSENT/REVOCATION FOR AIR CARRIER ACCESS TO
PILOT RECORDS DATABASE

    Type of Review: Renewal of an information collection.
    Background: The Pilot Records Improvement Act of 1996 (PRIA) as
amended, was enacted to ensure that part 121, 125 and 135 air carriers
and air operators adequately investigate a pilot's background before
allowing that pilot to conduct commercial air carrier flights for their
company. Under PRIA, a hiring employer cannot place a pilot into
service until they obtain, reviews and approve the pilot's background
and other safety-related records for the past 5 year period as
specified in PRIA. The FAA information disclosed under PRIA are medical
and airman certificate verifications and any closed enforcement and
revocation data. The air carrier information disclosed under PRIA are
those concerning pilot performance and training, disciplinary and
removal from service, and drug and alcohol testing records. Records
from the Department of Motor Vehicles of any particular State would
include records of drug and alcohol convictions. Other records
collections such as financial statements, fingerprints and failed check
rides may be requested and received but they are outside the purview
and scope of PRIA and would be requested using other vehicles than the
PRIA forms. PRIA request forms can be received by fax or mail; however,
the most common method is by email attachment, one pilot/applicant per
one form. Each 8060-10 form will include all information needed to
process the requested PRIA report. FAA Form 8060-xx is being added to
this collection to allow pilots to release their FAA-records to a
hiring aviation employer when they cannot release the records
themselves via the PRD website. Use of FAA Form 8060-xx is not required
if FAA Form 8060-10 is used or if the pilot releases the records
themselves via the PRD website.
    Respondents: The PRIA representative at each part 121, 125 and 135
air carrier is responsible for completing, forwarding, receiving and
providing the air carrier with the completed PRIA report so the air
carrier can make a more informed hiring decision concerning each pilot/
applicant. One complete PRIA package is required for every pilot/
applicant. The FAA processes approximately 24,120 PRIA packages per
year from respondents.
    Frequency: On occasion.
    Estimated Average Burden per Response: 98 hours.
    Estimated Total Annual Burden: 2,086,380 hours.

    Issued in Oklahoma City, OK on December 18, 2019.
Christopher Morris,
PRD/PRIA Program Manager, Regulatory Support Division, Flight Standards
Service, Office of Aviation Safety AFS-620.
[FR Doc. 2019-27707 Filed 12-23-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 163 (Wednesday, August 22, 2012)]
[Rules and Regulations]
[Pages 50584-50589]
[FR Doc No: 2012-20671]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 400

[Docket No.: FAA-2012-0318; Amdt. No. 400-4]
RIN 2120-AJ84

Voluntary Licensing of Amateur Rocket Operations

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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

SUMMARY: The FAA is amending the scope of its regulations to allow
launch operators that conduct certain amateur rocket launches an
opportunity to voluntarily apply for a commercial space transportation
license or experimental permit.

DATES: Effective October 9, 2012.
    Submit comments on or before September 21, 2012. If adverse comment
is received, the FAA will publish a timely withdrawal in the Federal
Register.

ADDRESSES: You may send comments identified by docket number FAA-2012-
0318 using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: The FAA will post all comments it receives, without
change, to http://www.regulations.gov, including any personal
information the commenter provides. Using the search function of the
docket Web site, anyone can find and read the electronic form of all
comments received into any FAA docket, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or Docket Operations in Room W12-140 of the
West Building Ground Floor at 1200 New Jersey Avenue SE., Washington,
DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.

FOR FURTHER INFORMATION CONTACT: For technical questions, contact
Shirley McBride, Senior Transportation Industry Analyst, Regulations
and Analysis Division, AST-300, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone (202) 267-
7470; facsimile<PHONE_NUMBER>; email<EMAIL_ADDRESS>    For legal questions, contact Laura Montgomery, Senior Attorney for
Commercial Space Transportation, Office of the Chief Counsel,
Regulations Division, AGC-200, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone (202) 267-
3150; facsimile<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules on commercial space
transportation safety is found in Title 49 of the United States Codes,
section 322(a), which authorizes the Secretary of Transportation to
carry out Subtitle V, Chapter 509, 51 U.S.C. 50901-50923, popularly
referred to as the Commercial Space Launch Act or the CSLA. The CSLA
authorizes the Department of Transportation (DOT) and thus the FAA,
through delegations, to oversee, license, and regulate commercial
launch and reentry activities, and the operation of launch and reentry
sites as carried out by U.S. citizens or within the United States. 51
U.S.C. 50904, 50905. The CSLA directs the FAA to exercise this
responsibility consistent with public health and safety, safety of
property, and the national security and foreign policy interests of the
United States. 51 U.S.C. 50905. The FAA is also responsible for
encouraging, facilitating, and promoting commercial space launches by
the private sector. 51 U.S.C. 50903.

Direct Final Rule Procedure

    A direct final rule is a quicker way to issue rules that are not
controversial. It is based on the Administrative Procedure Act's good
cause exception to notice and comment procedures. 5 U.S.C. 553. We use
this exception where we have found the public comment procedures to be
unnecessary because we do not expect to receive adverse comment. It
involves publishing a rule in the Federal Register with a statement
that, unless we receive an adverse comment on the rule (or a notice of
intent to file an adverse comment) within the comment period, the rule
will become effective on a specified date. Normally, the effective date
of a direct final rule is at least 30 calendar days after the end of
the comment period.

Adverse Comment

    An adverse comment explains why a rule would be inappropriate, or
would be ineffective or unacceptable without a change. It may challenge
the rule's underlying premise or approach. In determining whether an
adverse comment is significant enough to end a rulemaking, we consider
whether the comment raises an issue that would warrant a substantive
response in a notice of proposed rulemaking (NPRM).
    If we do not receive an adverse comment (or notice of intent to
file an adverse comment), we publish a confirmation document in the
Federal Register, generally within 30 calendar days after the comment
period closes.

The confirmation document tells the public the effective date of the
direct final rule.
    If we do receive an adverse comment (or notice of intent to file an
adverse comment), we publish a Notice of Withdrawal in the Federal
Register before the effective date of the direct final rule. The
document may withdraw the direct final rule in whole or in part. We may
incorporate the commenter's recommendation into another direct final
rule or we may publish an NPRM.

The Direct Final Rule

    The FAA anticipates that this regulation will not result in adverse
or negative comment since its application is strictly voluntary.
Therefore, the agency is issuing it as a direct final rule. This rule
allows an operator of a Class 3 \1\ amateur rocket \2\ to voluntarily
apply for a license or experimental permit under chapter III. Because
these applications are purely voluntary, there should be no adverse
effects of this rule. Operators of Class 3 amateur rockets who do not
wish to apply for a license or permit need not do so. Such operators
would continue to operate as they do now under part 101.
---------------------------------------------------------------------------

    \1\ Class 3 as defined by Sec.  101.22.
    \2\ Amateur rocket as defined by Sec.  1.1.
---------------------------------------------------------------------------

Comments Invited

    The Regulatory Policies and Procedures of the Department of
Transportation (DOT) (44 FR 1134; February 26, 1979) provide that to
the maximum extent possible, operating administrations for the DOT
should provide an opportunity for public comment on regulations issued
without prior notice. Accordingly, the FAA invites interested persons
to participate in this rulemaking by submitting written comments, data,
or views. The agency also invites comments relating to the economic,
environmental, energy, or federalism impacts that might result from
adopting this final rule. The most helpful comments reference a
specific portion of the document, explain the reason for any
recommended change, and include supporting data. To ensure the docket
does not contain duplicate comments, please send only one copy of
written comments, or if filing comments electronically, please submit
your comments only one time.
    The FAA will file all comments we receive in the docket, as well as
a report summarizing each substantive public contact with FAA personnel
concerning this rulemaking. Before acting on this direct final rule,
the FAA will consider all comments received on or before the closing
date for comments. The agency will consider comments filed after the
comment period has closed if it is possible to do so without incurring
expense or delay. The FAA may change this direct final rule in light of
the comments we receive.

Proprietary or Confidential Business Information

    Do not file in the docket information that you consider to be
proprietary or confidential business information. Send or deliver this
information directly to the person identified in the FOR FURTHER
INFORMATION CONTACT section of this document. Mark the information that
is considered proprietary or confidential. If the information is on a
disk or CD ROM, mark the outside of the disk or CD ROM and also
identify electronically within the disk or CD ROM the specific
information that is proprietary or confidential.
    Under 14 CFR 11.35(b), when the FAA is aware of proprietary
information filed with a comment, the agency does not place it in the
docket. The FAA holds it in a separate file to which the public does
not have access, and the agency places a note in the docket that it has
received it. If the FAA receives a request to examine or copy this
information, the FAA treats it as any other request under the Freedom
of Information Act, 5 U.S.C. 552. The FAA processes such a request
under the DOT procedures found in 49 CFR part 7.

Availability of Rulemaking Documents

    You can get an electronic copy using the Internet by:
    (1) Searching the Federal eRulemaking portal at http://www.regulations.gov;
    (2) Visiting the FAA's Regulations and Policies web page at http://www.faa.gov/regulations_policies/; or
    (3) Accessing the Government Printing Office's web page at http://www.gpo.gov/fdsys/.
    You can also get a copy by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW., Washington, DC 20591, or by calling<PHONE_NUMBER>. Make
sure to identify the docket and amendment numbers of this rulemaking.

Background

    Currently, the FAA's commercial space regulations specify that the
requirements in chapter III do not apply to amateur rockets activities.
This direct final rule amends Sec.  400.2 of chapter III to allow
operators of Class 3 amateur rockets to voluntarily apply to the FAA
for a license or experimental permit.
    Chapter III contains the requirements that apply to commercial
space transportation activities conducted in the United States or by a
United States citizen. Section 400.2 (Scope) states that the
requirements of chapter III do not apply to amateur rocket activities.
Section 1.1 of chapter I defines an amateur rocket as an unmanned
rocket propelled by a motor or motors having a combined total impulse
of 889,600 Newton-seconds (200,000 pound-seconds) or less; and cannot
reach an altitude greater than 150 kilometers (93.2 statute miles)
above the earth's surface.
    In 2008, the FAA amended its regulations governing amateur rocket
activities to create three separate classes of amateur rockets.\3\
---------------------------------------------------------------------------

    \3\ See 14 CFR 101.22.
---------------------------------------------------------------------------

     Class 1 Model Rocket--Uses no more than 125 grams (4.4
ounces) of propellant; uses a slow-burning propellant; is made of
paper, wood, or breakable plastic; contains no substantial metal parts;
and weighs no more than 1,500 grams (53 ounces), including the
propellant.
     Class 2 High-Power Rocket--An amateur rocket other than a
model rocket that is propelled by a motor or motors having a combined
total impulse of 40,960 Newton-seconds (9,208 pound-seconds) or less.
     Class 3 Advanced High-Power Rocket--An amateur rocket
other than a model rocket or high-powered rocket.
    On May 26, 2011, The National Aeronautics and Space Administration
(NASA) issued Release 11-170,\4\ which sought proposals for services
from commercial suborbital flight providers and others to support the
agency's Flight Opportunities Program. This program combines NASA's
Facilitated Access to the Space Environment for Technology and
Commercial Reusable Suborbital Research efforts.
---------------------------------------------------------------------------

    \4\ NASA Calls for Commercial Suborbital Flight Services
Proposals, Release 11-170.
---------------------------------------------------------------------------

    On August 9, 2011, NASA issued Release 11-258 \5\ in which it
selected seven companies to support its Flight Opportunities Program
through launches to near space. In order for the financial
responsibility requirements of the CSLA \6\ to apply, NASA has required
these operators to be licensed by the FAA. The suborbital launches
under the NASA program typically involve smaller launch vehicles, some
of whose launches would satisfy the amateur rocket definition, and thus
would fall

outside the scope of the FAA's space transportation regulations in
chapter III.
---------------------------------------------------------------------------

    \5\ NASA Selects Seven Firms To Provide Near-Space Flight
Services, Release 11-258.
    \6\ 51 U.S.C. 50914--Liability Insurance and Financial
Responsibility requirements.
---------------------------------------------------------------------------

    At least one amateur rocket operator has sought to obtain an FAA
license. The operator said it will not change its operational profile
to otherwise fall within the authority of chapter III regulations.
Without a rulemaking, the FAA may not entertain applications for the
licensing or permitting of amateur rocket activities.\7\
---------------------------------------------------------------------------

    \7\ Allentown Mack Sales & Serv. v. NLRB, 522 U.S. 359, 373-74
(1998); United States v. Nixon, 418 U.S. 683, 695-96 (1974); Nat'l
Family Planning & Reprod. Health Ass'n v. Sullivan, 979 F.2d 227,
235-41 (D.C. Cir. 1992).
---------------------------------------------------------------------------

    The CSLA provides that the United States should encourage private
sector launches, reentries, and associated services and, only to the
extent necessary, regulate those launches to ensure compliance with
international obligations of the United States and to protect the
public health and safety, safety of property, and national security and
foreign policy interests of the United States.\8\ Thus, because a
license is necessary for a launch operator to be eligible for the NASA
program, it is appropriate to issue this direct final rule to allow
operators of specified amateur rockets to voluntarily submit an
application for a chapter III license or experimental permit.\9\
---------------------------------------------------------------------------

    \8\ 51 U.S.C. 50901(a)(7), 50903(b).
    \9\ Although NASA does not require a permit, the FAA sees no
need to distinguish between the two authorizations.
---------------------------------------------------------------------------

    This direct final rule amends Sec.  400.2 to allow operators of
Class 3 amateur rockets to voluntarily apply to the FAA for a license
or permit.

New Requirements

    To accommodate NASA's interest in funding only licensed launches,
the FAA will allow launches of sufficient size to voluntarily apply for
an FAA license and, therefore, fall under the financial responsibility
requirements of the CSLA. The changes do not apply to launches
involving a Class 1 or Class 2 amateur rocket. Instead, they only apply
to launch activities related to a Class 3 amateur rocket. The FAA will
not solicit such applications, because solicitation would call into
question whether the application was, in fact, voluntary.
    Also, this rule only permits voluntary applications for a license
from entities that are not part of the U.S. Government. The CSLA does
not apply to activities the U.S. Government conducts for the
government, which means the FAA does not have the authority to consider
even voluntary applications for a license from other Federal
agencies.\10\
---------------------------------------------------------------------------

    \10\ 51 U.S.C. 50919(g).
---------------------------------------------------------------------------

    Further, a prospective applicant must keep in mind that once it
applies for and accepts an FAA license or permit, part 101 will not
apply and the requirements of chapter III will apply to and govern its
operations. These requirements govern not only the operational safety
requirements of chapter III, but also requirements applicable to
financial responsibility, the signing of reciprocal waivers of claims,
environmental impacts, and civil penalties.

Paperwork Reduction Act

    Information collection requirements in the amendment to the
Commercial Space Transportation Licensing Regulations have been
previously approved by the Office of Management and Budget (OMB) under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C.
3507(d)), and assigned OMB Control Number 2120-0608. This final rule
allows launch operators that conduct certain amateur rockets launches
an opportunity to voluntarily apply for a commercial space
transportation license or experimental permit.

Regulatory Evaluation, Regulatory Flexibility Determination,
International Trade Impact Assessment, and Unfunded Mandates Assessment

    Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 and Executive Order 13563
directs that each Federal agency shall propose or adopt a regulation
only upon a reasoned determination that the benefits of the intended
regulation justify its costs. Second, the Regulatory Flexibility Act of
1980 (Pub. L. 96-354) requires agencies to analyze the economic impact
of regulatory changes on small entities. Third, the Trade Agreements
Act (Pub. L. 96-39) prohibits agencies from setting standards that
create unnecessary obstacles to the foreign commerce of the United
States. In developing U.S. standards, this Trade Act requires agencies
to consider international standards and, where appropriate, that they
be the basis of U.S. standards. Fourth, the Unfunded Mandates Reform
Act of 1995 (Pub. L. 104-4) requires agencies to prepare a written
assessment of the costs, benefits, and other effects of proposed or
final rules that include a Federal mandate likely to result in the
expenditure by State, local, or tribal governments, in the aggregate,
or by the private sector, of $100 million or more annually (adjusted
for inflation with base year of 1995). This portion of the preamble
summarizes the FAA's analysis of the economic impacts of this direct
final rule. We suggest readers seeking greater detail read the full
regulatory evaluation, a copy of which we have placed in the docket for
this rulemaking.
    In conducting these analyses, FAA has determined that this final
rule: (1) Has benefits that justify its costs, (2) is not an
economically ``significant regulatory action'' as defined in section
3(f) of Executive Order 12866, (3) is not ``significant'' as defined in
DOT's Regulatory Policies and Procedures; (4) will not have a
significant economic impact on a substantial number of small entities;
(5) will not create unnecessary obstacles to the foreign commerce of
the United States; and (6) will not impose an unfunded mandate on
state, local, or tribal governments, or on the private sector by
exceeding the threshold identified above. These analyses are summarized
below.

Total Benefits and Costs

    The FAA does not require licensing of amateur rocket operators, who
may continue to operate as before, without incurring the cost of
obtaining a license. The FAA notes that an operator's customers,
including other agencies such as NASA, may require a license for an
amateur rocket operator who wishes to provide launch services or to
participate in programs, such as NASA's Flight Opportunities Program.
Since this license is not an FAA requirement, the FAA attributes the
costs of operator compliance to the customer, not to this rule.
Whenever a license or permit is issued, the FAA will incur a cost to
produce the authorization. Operators who choose to obtain a license
under this rule will also incur costs although we do not attribute
these costs to the rule, because they are voluntary.
    The estimated cost associated with issuing licenses and
experimental permits under this rule is $1.8 million ($1.5 million
present value using a 7 percent discount rate and $ 1.7 million present
value using a 3 percent discount rate) over 5 years for the cost to the
government. Operator benefits are expected to equal or exceed their
costs. The FAA is not able to quantify other societal benefits of this
rule. To the extent the licensing requirements provide a societal
benefit, those benefits, including any reduction in risk, may attend
this rule. Those benefits are not quantifiable for launch vehicles of
this size, but the benefits are present.

Who is potentially affected by this rule?

     Launch operators who would like to launch amateur rocket
vehicles under a license or permit
     Customers, including NASA
     FAA

Assumptions

     All monetary values are expressed in 2011 dollars.
     The time horizon for the analysis is 5 years because this
time period captures all of the relevant costs.
     Present value costs are estimated at 7 percent and 3
percent.
     Hourly burdened government rate is $51.72.
     Ten operator licenses for amateur rocket launches will be
issued over the first 5 years.\11\
---------------------------------------------------------------------------

    \11\ NASA's Flight Opportunities Program (FOP) has awarded
contracts to seven operators. We find it reasonable to assume that
in the first 2 years after the rule publishes, three amateur rocket
licenses will be granted. Two more amateur rocket operators not
involved with the FOP have inquired into the possibility of
obtaining voluntary licenses for research and development and
demonstration launches. It is reasonable to estimate that the FAA
could issue up to 10 amateur rocket licenses in the first 5 years.
---------------------------------------------------------------------------

     Operator licenses for reusable launch vehicles are valid
for 2 years.
     Operators will begin license renewal process for each
license the second year of the license.
[GRAPHIC] [TIFF OMITTED] TR22AU12.027

     Operators will renew with amendments to include additional
configurations.
     Cost of these renewals will be 70 percent of the cost of
the original license because configurations will be expanded beyond
original license.
     There will be multiple launches per year.
     We assume amateur rocket operators who choose to obtain a
license will decide to launch from a licensed launch site which will
already have a completed environmental review or which will have a
government grant for preparing an environmental review. This would
result in minimal costs.

Benefits

    Because the rule is voluntary, the FAA does not require amateur
operators to obtain a license. Amateur rocket operators will choose to
obtain an FAA license in order to launch rockets only if their expected
benefits exceed their costs. An operator will seek a license only if
the costs of obtaining a license are worth it. Any benefit to the
operator associated with having a license will be realized only after
an operator has incurred the cost of obtaining a license. This rule
encourages rocket launches, which is consistent with the FAA mission.
The FAA is not able to quantify other societal benefits of this rule,
other than to note the expected benefits exceed the expected costs.

Costs Associated With Licenses

    Although the FAA does not attribute such costs to this rule, the
FAA notes that amateur rocket operators would incur costs to submit the
data and analyses to the FAA for a license or experimental permit and
for the cost of third party liability insurance. Assuming 10 licenses
are issued in the first 5 years, operators will voluntarily expend a
total of $2 million ($1.66 million present value using a 7 percent
discount rate and $ 1.85 million present value using a 3 percent
discount rate) over 5 years for licenses. These costs are presented in
the table below:
[GRAPHIC] [TIFF OMITTED] TR22AU12.028

    The FAA would incur the cost of reviewing and processing the
materials that the operators submit for a license or experimental
permit. These costs are presented in the table below:

[GRAPHIC] [TIFF OMITTED] TR22AU12.029

Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA)
establishes ``as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objectives of the rule and of applicable
statutes, to fit regulatory and informational requirements to the scale
of the businesses, organizations, and governmental jurisdictions
subject to regulation. To achieve this principle, agencies are required
to solicit and consider flexible regulatory proposals and to explain
the rationale for their actions to assure that such proposals are given
serious consideration.'' The RFA covers a wide-range of small entities,
including small businesses, not-for-profit organizations, and small
governmental jurisdictions. Agencies must perform a review to determine
whether a rule will have a significant economic impact on a substantial
number of small entities. If the agency determines that it will, the
agency must prepare a regulatory flexibility analysis as described in
the RFA.
    However, if an agency determines that a rule is not expected to
have a significant economic impact on a substantial number of small
entities, section 605(b) of the RFA provides that the head of the
agency may so certify and a regulatory flexibility analysis is not
required. The certification must include a statement providing the
factual basis for this determination, and the reasoning should be
clear.
    The FAA believes that this final rule will not have a significant
impact on a substantial number of entities for the following reasons:
The rule is voluntary and does not create costs on operators. Also,
operators of amateur rockets would not willingly obtain licenses or
experimental permits if the costs were to exceed the expected benefits.
    Therefore, as the Acting FAA Administrator, I certify that this
rule will not have a significant economic impact on a substantial
number of small entities.

International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing standards or engaging in related activities
that create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to these Acts, the establishment of standards is not
considered an unnecessary obstacle to the foreign commerce of the
United States, so long as the standard has a legitimate domestic
objective, such as the protection of safety, and does not operate in a
manner that excludes imports that meet this objective. The statute also
requires consideration of international standards and, where
appropriate, that they be the basis for U.S. standards. The FAA has
assessed the potential effect of this final rule and determined that it
will have only a domestic impact and therefore will not create
unnecessary obstacles to the foreign commerce of the United States.

Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement
assessing the effects of any Federal mandate in a proposed or final
agency rule that may result in an expenditure of $100 million or more
(in 1995 dollars) in any one year by State, local, and tribal
governments, in the aggregate, or by the private sector; such a mandate
is deemed to be a ``significant regulatory action.'' The FAA currently
uses an inflation-adjusted value of $143.1 million in lieu of $100
million. This direct final rule does not contain such a mandate;
therefore, the requirements of Title II of the Act do not apply.

Executive Order 13132, Federalism

    The FAA has analyzed this final rule under the principles and
criteria of Executive Order 13132, Federalism. We determined that this
action will not have a substantial direct effect on the States, or the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. Therefore, we determined that this final rule does not have
federalism implications.

Environmental Analysis

    FAA Order 1050.1E identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act in the absence of extraordinary circumstances. The FAA has
determined this rulemaking action qualifies for the categorical
exclusion identified in Chapter 3, paragraph 312d, governing
rulemakings such as this, and involves no extraordinary circumstances.

Regulations That Significantly Affect Energy Supply, Distribution, or
Use

    The FAA has analyzed this final rule under Executive Order 13211,
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use, 66 FR 28355 (May 18, 2001). We have determined
that it is not a ``significant energy action'' under the executive
order because it is not a ``significant regulatory action'' under
Executive Order 12866, and it is not likely to have a significant
adverse effect on the supply, distribution, or use of energy.

List of Subjects in 14 CFR Part 400

    Commercial space transportation, Licensing, Reporting and
recordkeeping requirements.

The Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends chapter III of Title 14, Code of Federal
Regulations as follows:

PART 400--BASIS AND SCOPE

0
1. The authority citation for part 400 continues to read as follows:

    Authority:  51 U.S.C. 50901-50923.

0
2. Revise Sec.  400.2 to read as follows:

Sec.  400.2  Scope.

    These regulations set forth the procedures and requirements
applicable to the authorization and supervision under 51 U.S.C.
Subtitle V, chapter 509, of commercial space transportation activities
conducted in the United States or by a U.S. citizen. The regulations in
this chapter do not apply to--
    (a) Space activities carried out by the United States Government on
behalf of the United States Government; or
    (b) The launch of an amateur rocket as defined in Sec.  1.1 of
chapter I unless--
    (1) The rocket is a Class 3 advanced high-power rocket as defined
in Sec.  101.22 of chapter I; and
    (2) The operator of the Class 3 advanced high-power rocket
voluntarily submits an application for a license or a permit.

    Issued in Washington, DC, on July 31, 2012.
Michael P. Huerta,
Acting Administrator.
[FR Doc. 2012-20671 Filed 8-21-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 170 (Wednesday, September 2, 2015)]
[Notices]
[Pages 53146-53147]
[FR Doc No: 2015-21711]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER15-2530-000]

Censtar Operating Company, LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Censtar Operating Company, LLC's application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR

part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is September 16, 2015.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the Web site that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: August 27, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-21711 Filed 9-1-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 214 (Tuesday, November 5, 2013)]
[Notices]
[Pages 66354-66355]
[FR Doc No: 2013-26452]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14532-000]

Northwoods Renewables, LLC; Notice of Preliminary Permit
Application Accepted for Filing and Soliciting Comments, Motions To
Intervene, and Competing Applications

    On June 21, 2013, Northwoods Renewables, LLC filed an application
for a preliminary permit, pursuant to section 4(f) of the Federal Power
Act (FPA), proposing to study the feasibility of the Bethlehem
Hydroelectric Project to be located on the Ammonoosuc River, in the
town of Bethlehem, Grafton County, New Hampshire. The sole purpose of a
preliminary permit, if issued, is to grant the permit holder priority
to file a license application during the permit term. A preliminary
permit does not authorize the permit holder to perform any land-
disturbing activities or otherwise enter upon lands or waters owned by
others without the owners' express permission.
    The proposed project would consist of: (1) An existing 29-foot-
high, 282-foot-long concrete dam that includes a 20-foot-high, 139.5-
foot-long spillway with new 3-foot-high flashboards; (2) an existing
1,500-foot-long, 5.5-acre impoundment with a normal water surface
elevation of 1140.4 feet National Geodetic Vertical Datum of 1929; (3)
an existing sluiceway with a new 8-foot-wide, 10-foot-high sluice gate;
(4) a new 4,000-cubic-foot forebay structure with a 35-foot-wide, 10-
foot-high trashrack; (5) a new 9-foot-wide, 10-foot-high head gate; (6)
a new 8-foot-diameter, 50-foot-long penstock that passes through an
existing 25-foot-long gatehouse; (7) a new 25-foot-wide, 25-foot-long
powerhouse containing a 140-kilowatt (kW) turbine-generating unit and
260-kW turbine-generating unit for a total installed capacity of 400
kW; (8) a new 25-foot-long excavated tailrace; (9) a new 100 to 200-
foot-long, 480 to 600-volt buried transmission line and 35 to 60-foot-
long, 19.9-kilovolt aboveground transmission line connecting the
powerhouse to the Public Service of New Hampshire's distribution
system; and (10) appurtenant facilities. The proposed project would
have an estimated average annual generation of 1,480 megawatt-hours.
    Applicant Contact: James World, 12 High Street, Lancaster, NH
03584; phone:<PHONE_NUMBER>.
    FERC Contact: Brandon Cherry; phone:<PHONE_NUMBER>.

    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36. The Commission strongly encourages electronic filing.
Please file comments, motions to intervene, notices of intent, and
competing applications using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426. The first page of any filing should include
docket number P-14532-000.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's Web site at www.ferc.gov/docs-filing/elibrary.asp. Enter
the docket number (P-14532) in the docket number field to access the
document. For assistance, contact FERC Online Support.

    Dated: October 29, 2013.
 Kimberly D. Bose,
 Secretary.
[FR Doc. 2013-26452 Filed 11-4-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 212 (Monday, November 2, 2020)]
[Notices]
[Pages 69381-69382]
[FR Doc No: 2020-24187]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2020-0011]

Qualification of Drivers; Exemption Applications; Vision

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

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA announces its decision to exempt five individuals from
the vision requirement in the Federal Motor Carrier Safety Regulations
(FMCSRs) to operate a commercial motor vehicle (CMV) in interstate
commerce. They are unable to meet the vision requirement in one eye for
various reasons. The exemptions enable these individuals to operate
CMVs in interstate commerce without meeting the vision requirement in
one eye.

DATES: The exemptions were applicable on October 3, 2020. The
exemptions expire on October 3, 2022.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.,
ET, Monday through Friday, except Federal holidays. If you have
questions regarding viewing or submitting material to the docket,
contact Dockets Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to http://www.regulations.gov/docket?D=FMCSA-2020-0011 and choose the document to review. If you do
not have access to the internet, you may view the docket online by
visiting Dockets Operations in Room W12-140 on the ground floor of the
DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590,
between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal
holidays. To be sure someone is there to help you, please call (202)
366-9317 or<PHONE_NUMBER> before visiting Docket Operations.

B. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.transportation.gov/privacy.

II. Background

    On September 2, 2020, FMCSA published a notice announcing receipt
of applications from five individuals requesting an exemption from the
vision requirement in 49 CFR 391.41(b)(10) and requested comments from
the public (85 FR 54621). The public comment period ended on October 2,
2020, and no comments were received.
    FMCSA has evaluated the eligibility of these applicants and
determined that granting the exemptions to these individuals would
achieve a level of safety equivalent to, or greater than, the

level that would be achieved by complying with Sec.  391.41(b)(10).
    The physical qualification standard for drivers regarding vision
found in Sec.  391.41(b)(10) states that a person is physically
qualified to drive a CMV if that person has distant visual acuity of at
least 20/40 (Snellen) in each eye without corrective lenses or visual
acuity separately corrected to 20/40 (Snellen) or better with
corrective lenses, distant binocular acuity of a least 20/40 (Snellen)
in both eyes with or without corrective lenses, field of vision of at
least 70[deg] in the horizontal meridian in each eye, and the ability
to recognize the colors of traffic signals and devices showing red,
green, and amber.

III. Discussion of Comments

    FMCSA received no comments in this proceeding.

IV. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-year period if it finds such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption. The statute also allows the Agency to renew exemptions at
the end of the 5-year period. FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
    The Agency's decision regarding these exemption applications is
based on medical reports about the applicants' vision, as well as their
driving records and experience driving with the vision deficiency. The
qualifications, experience, and medical condition of each applicant
were stated and discussed in detail in the September 2, 2020, Federal
Register notice (85 FR 54621) and will not be repeated here.
    FMCSA recognizes that some drivers do not meet the vision
requirement but have adapted their driving to accommodate their
limitation and demonstrated their ability to drive safely. The five
exemption applicants listed in this notice are in this category. They
are unable to meet the vision requirement in one eye for various
reasons, including amblyopia, chorioretinal scarring, glaucoma, and
macular scarring. In most cases, their eye conditions did not develop
recently. Three of the applicants were either born with their vision
impairments or have had them since childhood. The two individuals that
developed their vision conditions as adults have had them for a range
of 5 to 14 years. Although each applicant has one eye that does not
meet the vision requirement in Sec.  391.41(b)(10), each has at least
20/40 corrected vision in the other eye, and, in a doctor's opinion,
has sufficient vision to perform all the tasks necessary to operate a
CMV.
    Doctors' opinions are supported by the applicants' possession of a
valid license to operate a CMV. By meeting State licensing
requirements, the applicants demonstrated their ability to operate a
CMV with their limited vision in intrastate commerce, even though their
vision disqualified them from driving in interstate commerce. We
believe that the applicants' intrastate driving experience and history
provide an adequate basis for predicting their ability to drive safely
in interstate commerce. Intrastate driving, like interstate operations,
involves substantial driving on highways on the interstate system and
on other roads built to interstate standards. Moreover, driving in
congested urban areas exposes the driver to more pedestrian and
vehicular traffic than exists on interstate highways. Faster reaction
to traffic and traffic signals is generally required because distances
between them are more compact. These conditions tax visual capacity and
driver response just as intensely as interstate driving conditions.
    The applicants in this notice have driven CMVs with their limited
vision in careers ranging for 3 to 20 years. In the past 3 years, no
drivers were involved in crashes, and no drivers were convicted of
moving violations in CMVs. All the applicants achieved a record of
safety while driving with their vision impairment that demonstrates the
likelihood that they have adapted their driving skills to accommodate
their condition. As the applicants' ample driving histories with their
vision deficiencies are good predictors of future performance, FMCSA
concludes their ability to drive safely can be projected into the
future.
    Consequently, FMCSA finds that in each case exempting these
applicants from the vision requirement in Sec.  391.41(b)(10) is likely
to achieve a level of safety equal to that existing without the
exemption.

V. Conditions and Requirements

    The terms and conditions of the exemption are provided to the
applicants in the exemption document and includes the following: (1)
Each driver must be physically examined every year (a) by an
ophthalmologist or optometrist who attests that the vision in the
better eye continues to meet the standard in Sec.  391.41(b)(10) and
(b) by a certified medical examiner (ME) who attests that the
individual is otherwise physically qualified under Sec.  391.41; (2)
each driver must provide a copy of the ophthalmologist's or
optometrist's report to the ME at the time of the annual medical
examination; and (3) each driver must provide a copy of the annual
medical certification to the employer for retention in the driver's
qualification file, or keep a copy in his/her driver's qualification
file if he/she is self-employed. The driver must also have a copy of
the exemption when driving, for presentation to a duly authorized
Federal, State, or local enforcement official.

VI. Preemption

    During the period the exemption is in effect, no State shall
enforce any law or regulation that conflicts with this exemption with
respect to a person operating under the exemption.

VII. Conclusion

    Based upon its evaluation of the five exemption applications, FMCSA
exempts the following drivers from the vision requirement, Sec.
391.41(b)(10), subject to the requirements cited above:

Tanner L. Batey (MT)
Martin G. Burley, Jr. (ID)
Fernando Casillas Lucio (CA)
Franz E. Fehr (TX)
Jonathan D. Steen (MN)

    In accordance with 49 U.S.C. 31136(e) and 31315(b), each exemption
will be valid for 2 years from the effective date unless revoked
earlier by FMCSA. The exemption will be revoked if the following
occurs: (1) The person fails to comply with the terms and conditions of
the exemption; (2) the exemption has resulted in a lower level of
safety than was maintained prior to being granted; or (3) continuation
of the exemption would not be consistent with the goals and objectives
of 49 U.S.C. 31136(e) and 31315(b).

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-24187 Filed 10-30-20; 8:45 am]
BILLING CODE 4910-EX-P


7545 Breen Street  Houston, Texas 77086 Phone: ( 281) 445 2243  Fax: ( 281) 445 4061 Kal Karmous GSF   Operations Support 7 19 02 Dear Sir,

Regarding your query of possible EPA regulations reducing fluid velocity to .5 feet per second at fluid entry point, we advise the following solution.

Current fluid velocity averages around 3.5 feet per second for the majority of GSF rigs. To reduce this velocity each rig would be required to install new caisson with a minimum inner diameter of approximately 40". Obviously the cost impact of such a task would be high and would depend on each shipyard utilized for day rates and material cost, not to mention down time for the rig itself. Even worse, the current rigs in your fleet were not designed for such large caisson pipe and would probably require major design changes just to accommodate the required modifications.

Any rigs operating submersible motors other than EMU motors would require adding a special flow inducer to maintain fluid flow over the motor for cooling purposes in this larger caisson. The EMU motor is would with specially radiated, high temperature winding wire and does not require fluid flow past the motor in sea water up to 40oC, 104oF. The EMU motors will not require any special adders if this design change is implemented.

Another possibility which may be suggested is a screen on the bottom of your current caisson to eliminate fish and sea life from entering the caisson; this is not recommended. A screen would give sea life, such as barnacles and sea grasses an attachment point. This sea life can completely clog your caisson fluid entry point, literally in only a couple of months, starving the submersible unit of water and causing catastrophic failure to your sea water pumps and motors. The maintenance nightmare this would create far outweighs the larger caisson solution.

With Best Regards Richard W. Draper S& N Pump Company richarddraper@ snpump. com www. snpump. com