[Federal Register Volume 77, Number 117 (Monday, June 18, 2012)]
[Rules and Regulations]
[Pages 36129-36131]
[FR Doc No: 2012-14042]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0293; Directorate Identifier 2012-NM-034-AD;
Amendment 39-17081; AD 2012-12-02]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Bombardier, Inc. Model CL-600-2C10 (Regional Jet Series 700, 701, &
702) airplanes, Model CL-600-2D15 (Regional Jet Series 705) airplanes,
and Model CL-600-2D24 (Regional Jet Series 900) airplanes. This AD was
prompted by reports of a bleed air leak from the high pressure ducts
which was not immediately detected by the bleed leak detection system.
This AD requires installing new sensing elements in the main landing
gear wheel well and the overwing area, protective blankets on the upper
surface of the wing box and fuel tubes, and protective shields on the
rudder quadrant support-beam in the aft equipment compartment. We are
issuing this AD to prevent an undetected bleed

air leak which can cause loss of rudder control, can lead to
degradation of structural integrity, and could be a potential heat
source that can lead to fuel being ignited.

DATES: This AD becomes effective July 23, 2012.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of July 23,
2012.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Cesar Gomez, Aerospace Engineer,
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New
York 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM published in the Federal Register on March 21, 2012 (77 FR
16490). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

    There have been multiple events reported where a bleed air leak
from the high pressure ducts was not immediately detected by the
Bleed Leak Detection System (BLDS).
    An investigation revealed that if a bleed air leak develops due
to a cracked or ruptured duct, the duct shroud may not channel
sufficient bleed air to the sensing loop elements to enable an
automatic shutdown of the bleed air system. The inability to detect
a bleed air leak could result in the rudder quadrant bracket,
pressure floor, pressure floor beam, fuel vent boot or fuel tubes
being exposed to high temperatures. This could potentially lead to
the loss of rudder control, degrade the structural integrity of
primary structure or fuel ignition.
    This [Canadian] Airworthiness Directive (AD) mandates the
installation of newly designed sensing elements in the main landing
gear wheel well and the overwing area, protective blankets on the
upper surface of the wing box and fuel tubes, as well as protective
shields on the rudder quadrant support-beam in the aft equipment
compartment.

    You may obtain further information by examining the MCAI in the AD
docket.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (77 FR 16490, March 21,
2012) or on the determination of the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and
the public interest require adopting the AD as proposed.

Costs of Compliance

    We estimate that this AD will affect 409 products of U.S. registry.
We also estimate that it will take about 78 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Required parts will cost about $21,353 per
product. Where the service information lists required parts costs that
are covered under warranty, we have assumed that there will be no
charge for these parts. As we do not control warranty coverage for
affected parties, some parties may incur costs higher than estimated
here. Based on these figures, we estimate the cost of this AD to the
U.S. operators to be $11,445,047, or $27,983 per product.

Authority for This Rulemaking

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

Regulatory Findings

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

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains the NPRM (77 FR 16490, March 21,
2012), the regulatory evaluation, any comments received, and other
information. The street address for the Docket Operations office
(telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2012-12-02 Bombardier, Inc.: Amendment 39-17081. Docket No. FAA-
2012-0293; Directorate Identifier 2012-NM-034-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective July 23,
2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the airplanes specified in paragraphs (c)(1)
and (c)(2) of this AD, certificated in any category.

    (1) Bombardier, Inc. Model CL-600-2C10 (Regional Jet Series 700,
701, & 702) airplanes, serial numbers 10003 through 10331 inclusive.
    (2) Bombardier, Inc. Model CL-600-2D15 (Regional Jet Series 705)
and CL-600-2D24 (Regional Jet Series 900) airplanes, serial numbers
15001 through 15279 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 36: Pneumatic.

(e) Reason

    This AD was prompted by reports of a bleed air leak from the
high pressure ducts which was not immediately detected by the bleed
leak detection system. We are issuing this AD to prevent an
undetected bleed air leak which can cause loss of rudder control,
can lead to degradation of structural integrity, and could be a
potential heat source that can lead to fuel being ignited.

(f) Compliance

    You are responsible for having the actions required by this AD
performed within the compliance times specified, unless the actions
have already been done.

(g) Install Protective Shields

    For Model CL-600-2C10 airplanes having serial numbers 10003
through 10326 inclusive, and Model CL-600-2D15 and CL-600-2D24
airplanes having serial numbers 15001 through 15267 inclusive:
Within 6,600 flight hours or 24 months after the effective date of
this AD, whichever occurs first, install protective shields on the
rudder quadrant support-beam in the aft equipment compartment, in
accordance with the Accomplishment Instructions of Bombardier
Service Bulletin 670BA-36-014, Revision A, dated October 11, 2011.

(h) Install Protective Blankets and Sensing Elements

    For Model CL-600-2C10 airplanes having serial numbers 10003
through 10331 inclusive and Models CL-600-2D15 and CL-600-2D24
airplanes having serial numbers 15001 through 15279 inclusive:
Within 6,600 flight hours or 24 months after the effective date of
this AD, whichever occurs first, install protective blankets on the
upper surface of the wing box and fuel components, and install new
sensing elements in the wheel well of the main landing gear and the
overwing area, in accordance with the Accomplishment Instructions of
Bombardier Service Bulletin 670BA-36-016, Revision A, dated October
11, 2011.

(i) Credit for Previous Actions

    This paragraph provides credit for installations, required by
paragraphs (g) and (h) of this AD, if those actions were performed
before the effective date of this AD using Bombardier Service
Bulletin 670BA-36-014 or 670BA-36-016, both dated April 7, 2011, as
applicable.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office, ANE-170, FAA, has the authority
to approve AMOCs for this AD, if requested using the procedures
found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your
request to your principal inspector or local Flight Standards
District Office, as appropriate. If sending information directly to
the ACO, send it to ATTN: Program Manager, Continuing Operational
Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite 410, Westbury,
New York 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Before
using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding district
office. The AMOC approval letter must specifically reference this
AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

(k) Related Information

    Refer to MCAI Canadian Airworthiness Directive CF-2012-06, dated
January 26, 2012, and the service bulletins specified in paragraphs
(k)(1) and (k)(2) of this AD, for related information.
    (1) Bombardier Service Bulletin 670BA-36-014, Revision A, dated
October 11, 2011.
    (2) Bombardier Service Bulletin 670BA-36-016, Revision A, dated
October 11, 2011.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the following service
information under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use the following service information to do the
actions required by this AD, unless the AD specifies otherwise.
    (i) Bombardier Service Bulletin 670BA-36-014, Revision A, dated
October 11, 2011.
    (ii) Bombardier Service Bulletin 670BA-36-016, Revision A, dated
October 11, 2011.
    (3) For service information identified in this AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; telephone<PHONE_NUMBER>; fax 514-855-
7401; email<EMAIL_ADDRESS>Internet http://www.bombardier.com.
    (4) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.
    (5) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at an NARA facility, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on May 31, 2012.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-14042 Filed 6-15-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 27 (Thursday, February 9, 2023)]
[Notices]
[Pages 8418-8420]
[FR Doc No: 2023-02749]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP23-29-000]

Saguaro Connector Pipeline, L.L.C.; Notice of Scoping Period
Requesting Comments on Environmental Issues for the Proposed Border
Facilities Project

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental document, that will discuss
the environmental impacts of the Border Facilities Project (Project)
involving construction and operation of facilities by Saguaro Pipeline
Connector, L.L.C. (Saguaro) in Hudspeth County, Texas. The Commission
will use this environmental document in its decision-making process to
determine whether the project is in the public interest.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies regarding the project. As part of the National Environmental
Policy Act (NEPA) review process, the Commission takes into account
concerns the public may have about proposals and the environmental
impacts that could result from its action whenever it considers the
issuance of an authorization. This gathering of public input is
referred to as ``scoping.'' The main goal of the scoping process is to
focus the analysis in the environmental document on the important
environmental issues. Additional information about the Commission's
NEPA process is described below in the NEPA Process and Environmental
Document section of this notice.
    By this notice, the Commission requests public comments on the
scope of issues to address in the environmental document. To ensure
that your comments are timely and properly recorded, please submit your
comments so that the Commission receives them in Washington, DC on or
before 5:00 p.m. Eastern Time on March

6, 2023. Comments may be submitted in written form. Further details on
how to submit comments are provided in the Public Participation section
of this notice.
    Your comments should focus on the potential environmental effects,
reasonable alternatives, and measures to avoid or lessen environmental
impacts. Your input will help the Commission staff determine what
issues they need to evaluate in the environmental document. Commission
staff will consider all written comments during the preparation of the
environmental document.
    If you submitted comments on this project to the Commission before
the opening of this docket on December 20, 2022, you will need to file
those comments in Docket No. CP23-29-000 to ensure they are considered
as part of this proceeding.
    This notice is being sent to the Commission's current environmental
mailing list for this project. State and local government
representatives should notify their constituents of this proposed
project and encourage them to comment on their areas of concern.
    Saguaro provided landowners with a fact sheet prepared by the FERC
entitled ``An Interstate Natural Gas Facility On My Land? What Do I
Need To Know?'' which addresses typically asked questions, including
the use of eminent domain and how to participate in the Commission's
proceedings. This fact sheet along with other landowner topics of
interest are available for viewing on the FERC website (www.ferc.gov)
under the Natural Gas Questions or Landowner Topics link.

Public Participation

    There are three methods you can use to submit your comments to the
Commission. Please carefully follow these instructions so that your
comments are properly recorded. The Commission encourages electronic
filing of comments and has staff available to assist you at (866) 208-
3676 or [email protected].
    (1) You can file your comments electronically using the eComment
feature, which is located on the Commission's website (www.ferc.gov)
under the link to FERC Online. Using eComment is an easy method for
submitting brief, text-only comments on a project;
    (2) You can file your comments electronically by using the eFiling
feature, which is located on the Commission's website (www.ferc.gov)
under the link to FERC Online. With eFiling, you can provide comments
in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on ``eRegister.'' You will be asked to select the type of filing you
are making; a comment on a particular project is considered a ``Comment
on a Filing''; or
    (3) You can file a paper copy of your comments by mailing them to
the Commission. Be sure to reference the project docket number (CP23-
29-000) on your letter. Submissions sent via the U.S. Postal Service
must be addressed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC
20426. Submissions sent via any other carrier must be addressed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission,
12225 Wilkins Avenue, Rockville, Maryland 20852.
    Additionally, the Commission offers a free service called
eSubscription which makes it easy to stay informed of all issuances and
submittals regarding the dockets/projects to which you subscribe. These
instant email notifications are the fastest way to receive notification
and provide a link to the document files which can reduce the amount of
time you spend researching proceedings. Go to https://www.ferc.gov/ferc-online/overview to register for eSubscription.

Summary of the Proposed Project

    Saguaro proposes to site, construct, connect, operate, and maintain
a 48-inch in-diameter natural gas pipeline from the United States
(U.S.) to the Estados Unidos Mexicanos (Mexico) International Border in
Hudspeth County, Texas. The section under the jurisdiction of the
Commission extends from approximately 1,000 feet on State of Texas land
to the U.S.-Mexico international border in the middle of the Rio Grande
River. The 48-inch-diameter pipeline segment from a point approximately
1,000 feet in Hudspeth County to the international border is referred
to as the ``Border Facilities.'' The Border Facilities would be
interconnected to the NewCo Mexico Pipeline on the Mexico side of the
Rio Grande River and to approximately 155 miles of non-FERC
jurisdictional intrastate pipeline in Texas, which would have a design
capacity of 2.834 billion standard cubic feet of natural gas per day
for the entire length of the Border facilities and non-jurisdictional
intrastate pipeline. According to Saguaro, the Border Facilities
interconnect would allow for natural gas produced in Texas to be
exported to a natural gas facility in Mexico.
    The Border Facilities would consist of the following components:
     approximately 1,000 feet of 48-inch in-diameter pipeline;
     50-foot-wide permanent easement;
     Additional temporary workspaces (total of 14.2 acres) and
     6.9 miles of temporary access road (Indian Hot Springs
Road).
    The general location of the project facilities is shown in appendix
1.\1\
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    \1\ The appendices referenced in this notice will not appear in
the Federal Register. Copies of the appendices were sent to all
those receiving this notice in the mail and are available at
www.ferc.gov, using the link called ``eLibrary''. For instructions
on connecting to eLibrary, refer to the last page of this notice.
For assistance, contact FERC at [email protected] or call
toll free,<PHONE_NUMBER> or TTY<PHONE_NUMBER>.
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Land Requirements for Construction

    The Project would affect approximately 35.5 acres of land during
construction, of which 34.4 acres would be restored. The remaining 1.1
acre, which includes a 50-foot-wide permanent easement for the
approximately 1,000 feet of 48-inch-diameter pipeline, would be used
for operation of the Project. The entire Border Facilities would be in
a greenfield (new construction) and there would be no aboveground
facilities associated. In the application, Saguaro indicates that it
would also construct and own new pipeline facilities (approximately 155
miles of 48-inch-diameter intrastate pipeline, two new compressor
stations, one new meter station, approximately five launchers and
receivers, and approximately seven mainline valve sites) that are not
under FERC jurisdiction. These facilities are located in Pecos, Reeves,
Jeff Davis, and Culberson counties, Texas. Although FERC does not have
regulatory authority to modify or deny the construction of these
facilities, we will disclose available information regarding the
construction impacts in our environmental document.

NEPA Process and the Environmental Document

    Any environmental document issued by the Commission will discuss
impacts that could occur as a result of the construction and operation
of the proposed project under the relevant general resource areas, as
applicable:
     geology and soils;
     water resources and wetlands;
     vegetation and wildlife;
     threatened and endangered species;
     cultural resources;
     land use;
     socioeconomics;
     air quality and noise;
     cumulative impacts; and

     reliability and safety.
    Commission staff will also evaluate reasonable alternatives to the
proposed project or portions of the project and make recommendations on
how to lessen or avoid impacts on the various resource areas. Your
comments will help Commission staff identify and focus on the issues
that might have an effect on the human environment and potentially
eliminate others from further study and discussion in the environmental
document.
    Following this scoping period, Commission staff will determine
whether to prepare an Environmental Assessment (EA) or an Environmental
Impact Statement (EIS). The EA or the EIS will present Commission
staff's independent analysis of the issues. If Commission staff
prepares an EA, a Notice of Schedule for the Preparation of an
Environmental Assessment will be issued. The EA may be issued for an
allotted public comment period. The Commission would consider timely
comments on the EA before making its decision regarding the proposed
project. If Commission staff prepares an EIS, a Notice of Intent to
Prepare an EIS/Notice of Schedule will be issued, which will open up an
additional comment period. Staff will then prepare a draft EIS which
will be issued for public comment. Commission staff will consider all
timely comments received during the comment period on the draft EIS and
revise the document, as necessary, before issuing a final EIS. Any EA
or draft and final EIS will be available in electronic format in the
public record through eLibrary \2\ and the Commission's natural gas
environmental documents web page (https://www.ferc.gov/industries-data/natural-gas/environment/environmental-documents). If eSubscribed, you
will receive instant email notification when the environmental document
is issued.
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    \2\ For instructions on connecting to eLibrary, refer to the
last page of this notice.
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    With this notice, the Commission is asking agencies with
jurisdiction by law and/or special expertise with respect to the
environmental issues of this project to formally cooperate in the
preparation of the environmental document.\3\ Agencies that would like
to request cooperating agency status should follow the instructions for
filing comments provided under the Public Participation section of this
notice.
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    \3\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40, Code of Federal
Regulations, Section 1501.8.
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Consultation Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations for section 106 of the National Historic
Preservation Act, the Commission is using this notice to initiate
consultation with the applicable State Historic Preservation Office(s),
and to solicit their views and those of other government agencies,
interested Indian tribes, and the public on the project's potential
effects on historic properties.\4\ The environmental document for this
project will document findings on the impacts on historic properties
and summarize the status of consultations under section 106.
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    \4\ The Advisory Council on Historic Preservation's regulations
are at Title 36, Code of Federal Regulations, Part 800. Those
regulations define historic properties as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register of Historic
Places.
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Environmental Mailing List

    The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American Tribes; other
interested parties; and local libraries and newspapers. This list also
includes all affected landowners (as defined in the Commission's
regulations) who are potential right-of-way grantors, whose property
may be used temporarily for project purposes, or who own homes within
certain distances of aboveground facilities, and anyone who submits
comments on the project and includes a mailing address with their
comments. Commission staff will update the environmental mailing list
as the analysis proceeds to ensure that Commission notices related to
this environmental review are sent to all individuals, organizations,
and government entities interested in and/or potentially affected by
the proposed project.
    If you need to make changes to your name/address, or if you would
like to remove your name from the mailing list, please complete one of
the following steps:
    (1) Send an email to [email protected] stating your
request. You must include the docket number CP23-29-000 in your
request. If you are requesting a change to your address, please be sure
to include your name and the correct address. If you are requesting to
delete your address from the mailing list, please include your name and
address as it appeared on this notice. This email address is unable to
accept comments.

OR

    (2) Return the attached ``Mailing List Update Form'' (appendix 2).

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC website at www.ferc.gov using the eLibrary link. Click on the
eLibrary link, click on ``General Search'' and enter the docket number
in the ``Docket Number'' field. Be sure you have selected an
appropriate date range. For assistance, please contact FERC Online
Support at [email protected] or<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of all formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    Public sessions or site visits will be posted on the Commission's
calendar located at https://www.ferc.gov/news-events/events along with
other related information.

    Dated: February 3, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-02749 Filed 2-8-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 69 (Tuesday, April 10, 2018)]
[Notices]
[Pages 15383-15385]
[FR Doc No: 2018-07356]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9976-26-OAR]

Alternative Method for Calculating Off-Cycle Credits Under the
Light-Duty Vehicle Greenhouse Gas Emissions Program: Applications From
Fiat Chrysler Automobiles and Toyota Motor North America

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) is requesting
comment on applications from Fiat Chrysler Automobiles (FCA), and
Toyota Motor North America (Toyota) for off-cycle carbon dioxide
(CO2) credits under EPA's light-duty vehicle greenhouse gas
emissions standards. ``Off-cycle'' emission reductions can be achieved
by employing technologies that result in real-world benefits, but where
that benefit is not adequately captured on the test procedures used by
manufacturers to demonstrate compliance with emission standards. EPA's
light-duty vehicle greenhouse gas program acknowledges these benefits
by giving automobile manufacturers several options for generating
``off-cycle'' CO2 credits. Under the regulations, a
manufacturer may apply for CO2 credits for off-cycle
technologies that result in off-cycle benefits. In these cases, a
manufacturer must provide EPA with a proposed methodology for
determining the real-world off-cycle benefit. These manufacturers have
submitted applications that describe methodologies for determining off-
cycle credits from technologies described in their applications.
Pursuant to applicable regulations, EPA is making the descriptions of
each manufacturer's off-cycle credit calculation methodologies
available for public comment.

DATES: Comments must be received on or before May 10, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2018-0168, to the Federal eRulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or withdrawn. The
EPA may publish any comment received to its public docket. Do not
submit electronically any information you consider to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Multimedia submissions (audio, video, etc.) must
be accompanied by a written comment. The written comment is considered
the official comment and should include discussion of all points you
wish to make. The EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e. on the web,
cloud, or other file sharing system). For additional submission
methods, the full EPA public comment policy, information about CBI or
multimedia submissions, and general guidance on making effective
comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Roberts French, Environmental
Protection Specialist, Office of Transportation and Air Quality,
Compliance Division, U.S. Environmental Protection Agency, 2000
Traverwood Drive, Ann Arbor, MI 48105. Telephone:<PHONE_NUMBER>. Fax:
(734) 214-4869. Email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    EPA's light-duty vehicle greenhouse gas (GHG) program provides
three pathways by which a manufacturer may accrue off-cycle carbon
dioxide (CO2) credits for those technologies that achieve
CO2 reductions in the real world but where those reductions
are not adequately captured on the test used to determine compliance
with the CO2 standards, and which are not otherwise
reflected in the standards' stringency. The first pathway is a
predetermined list of credit values for specific off-cycle technologies
that may be used beginning in model year 2014.\1\ This pathway allows
manufacturers to use conservative credit values established by EPA for
a wide range of technologies, with minimal data submittal or testing
requirements, as long as the technologies meet EPA regulatory
definitions. In cases where the off-cycle technology is not on the menu
but additional laboratory testing can demonstrate emission benefits, a
second pathway allows manufacturers to use a broader array of emission
tests (known as ``5-cycle'' testing because the methodology uses five
different testing procedures) to demonstrate and justify off-cycle
CO2 credits.\2\ The additional emission tests allow emission
benefits to be demonstrated over some elements of real-world driving
not adequately captured by the GHG compliance tests, including high
speeds, hard accelerations, and cold temperatures. These first two
methodologies were completely defined through notice and comment
rulemaking and therefore no additional process is necessary for
manufacturers to use these methods. The third and last pathway allows
manufacturers to seek EPA approval to use an alternative methodology
for determining the off-cycle CO2 credits.\3\ This option is
only available if the benefit of the technology cannot be adequately
demonstrated using the 5-cycle methodology. Manufacturers may also use
this option for model years prior to 2014 to demonstrate off-cycle
CO2 reductions for technologies that are on the
predetermined list, or to demonstrate reductions that exceed those
available via use of the predetermined list.
---------------------------------------------------------------------------

    \1\ See 40 CFR 86.1869-12(b).
    \2\ See 40 CFR 86.1869-12(c).
    \3\ See 40 CFR 86.1869-12(d).
---------------------------------------------------------------------------

    Under the regulations, a manufacturer seeking to demonstrate off-
cycle credits

with an alternative methodology (i.e., under the third pathway
described above) must describe a methodology that meets the following
criteria:
     Use modeling, on-road testing, on-road data collection, or
other approved analytical or engineering methods;
     Be robust, verifiable, and capable of demonstrating the
real-world emissions benefit with strong statistical significance;
     Result in a demonstration of baseline and controlled
emissions over a wide range of driving conditions and number of
vehicles such that issues of data uncertainty are minimized;
     Result in data on a model type basis unless the
manufacturer demonstrates that another basis is appropriate and
adequate.
    Further, the regulations specify the following requirements
regarding an application for off-cycle CO2 credits:
     A manufacturer requesting off-cycle credits must develop a
methodology for demonstrating and determining the benefit of the off-
cycle technology, and carry out any necessary testing and analysis
required to support that methodology.
     A manufacturer requesting off-cycle credits must conduct
testing and/or prepare engineering analyses that demonstrate the in-use
durability of the technology for the full useful life of the vehicle.
     The application must contain a detailed description of the
off-cycle technology and how it functions to reduce CO2
emissions under conditions not represented on the compliance tests.
     The application must contain a list of the vehicle
model(s) which will be equipped with the technology.
     The application must contain a detailed description of the
test vehicles selected and an engineering analysis that supports the
selection of those vehicles for testing.
     The application must contain all testing and/or simulation
data required under the regulations, plus any other data the
manufacturer has considered in the analysis.
    Finally, the alternative methodology must be approved by EPA prior
to the manufacturer using it to generate credits. As part of the review
process defined by regulation, the alternative methodology submitted to
EPA for consideration must be made available for public comment.\4\ EPA
will consider public comments as part of its final decision to approve
or deny the request for off-cycle credits.
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    \4\ See 40 CFR 86.1869-12(d)(2).
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II. Off-Cycle Credit Applications

A. Fiat Chrysler Automobiles

1. High-Efficiency Alternator
    FCA is requesting GHG credits for alternators with improved
efficiency relative to a baseline alternator. This request is for the
2009 and later model years. Automotive alternators convert mechanical
energy from a combustion engine into electrical energy that can be used
to power a vehicle's electrical systems. Alternators inherently place a
load on the engine, which results in increased fuel consumption and
CO2 emissions. High efficiency alternators use new
technologies to reduce the overall load on the engine yet continue to
meet the electrical demands of the vehicle systems, resulting in lower
fuel consumption and lower CO2 emissions. Some comments on
EPA's proposed rule for GHG standards for the 2016-2025 model years
suggested that EPA provide a credit for high-efficiency alternators on
the pre-defined list in the regulations. While EPA agreed that high-
efficiency alternators can reduce electrical load and reduce fuel
consumption, and that these impacts are not seen on the emission test
procedures because accessories that use electricity are turned off, EPA
noted the difficulty in defining a one-size-fits-all credit due to lack
of data.\5\ FCA proposes a methodology that would scale credits based
on the efficiency of the alternator; alternators with efficiency (as
measured using an accepted industry standard procedure) above a
specified baseline value could get credits of 0.14 grams/mile per
percent improvement in alternator efficiency. This methodology is
similar to that proposed by Ford and published for comment in June of
2017, as well as that proposed by GM in this Federal Register
notice.\6\ Details of the testing and analysis can be found in the
manufacturer's application.
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    \5\ See 77 FR 62730, October 15, 2012.
    \6\ See 82 FR 27819, June 19, 2017.
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2. Active Engine Warm-Up and Active Transmission Warm-Up
    Using the alternative methodology approach discussed above, FCA is
applying for credits for model years prior to 2014, and thus prior to
when the list of default credits became available. FCA has applied for
off-cycle credits using the alternative demonstration methodology
pathway for active transmission warmup and active engine warmup. EPA
has already approved credits for these technologies for model years
prior to 2014.\7\ FCA's request is consistent with previously approved
methodologies and credits. The application covers active engine warmup
used in 2011-2013 model year vehicles, and active transmission warmup
used in 2013 model year vehicles. These technologies are described in
the predetermined list of credits available in the 2014 and later model
years. The methodologies described by FCA are consistent with those
used by EPA to establish the predetermined list of credits in the
regulations, and would result in the same credit values as described in
the regulations, as shown in the table below:
---------------------------------------------------------------------------

    \7\ ``EPA Decision Document: Off-cycle Credits for Fiat Chrysler
Automobiles, Ford Motor Company, and General Motors Corporation.''
Compliance Division, Office of Transportation and Air Quality, U.S.
Environmental Protection Agency. EPA-420-R-15-014, September 2015.

------------------------------------------------------------------------
                                             Off-cycle       Off-cycle
               Technology                  credit--cars   credit--trucks
                                           (grams/mile)    (grams/mile)
------------------------------------------------------------------------
Active transmission warm-up.............             1.5             3.2
Active engine warm-up...................             1.5             3.2
------------------------------------------------------------------------

3. Variable Crankcase Suction Valve Technology in Denso AC Compressors
    Using the alternative methodology approach discussed above, FCA is
applying for credits for an air conditioning compressor manufactured by
Denso that results in air conditioning efficiency credits beyond those
provided in the regulations. This request is for the 2019 and
subsequent model years. This compressor, known as the Denso SAS
compressor, improves the internal valve system within the compressor to
reduce the internal refrigerant flow necessary throughout the range of
displacements that the compressor may use during its operating cycle.
The addition of a variable crankcase suction valve allows a larger mass
flow under maximum capacity and

compressor start-up conditions (when high flow is ideal), and then it
can reduce to smaller openings with reduced mass flow in mid- or low-
capacity conditions. The refrigerant exiting the crankcase is thus
optimized across the range of operating conditions, reducing the
overall energy consumption of the air conditioning system. EPA first
approved credits for General Motors (GM) for the use of the Denso SAS
compressor in 2015,\8\ and has subsequently approved such credits for
BMW, Ford, and Hyundai.\9\
---------------------------------------------------------------------------

    \8\ ``EPA Decision Document: Off-cycle Credits for Fiat Chrysler
Automobiles, Ford Motor Company, and General Motors Corporation.''
Compliance Division, Office of Transportation and Air Quality, U.S.
Environmental Protection Agency. EPA-420-R-15-014, September 2015.
    \9\ EPA Decision Document: Off-cycle Credits for BMW Group, Ford
Motor Company, and Hyundai Motor Company.'' Compliance Division,
Office of Transportation and Air Quality, U.S. Environmental
Protection Agency. EPA-420-R-17-010, December 2017.
---------------------------------------------------------------------------

    The credits calculated for the Denso SAS compressor would be in
addition to the credits of 1.7 grams/mile for variable-displacement A/C
compressors already allowed under EPA regulations.\10\ However, it is
important to note that EPA regulations place a limit on the cumulative
credits that can be claimed for improving the efficiency of A/C
systems. The rationale for this limit is that the additional fuel
consumption of A/C systems can never be reduced to zero, and the limits
established by regulation reflect the maximum possible reduction in
fuel consumption projected by EPA. These limits, or caps, on credits
for A/C efficiency, must also be applied to A/C efficiency credits
granted under the off-cycle credit approval process. In other words,
cumulative A/C efficiency credits for an A/C system--from the A/C
efficiency regulations and those granted via the off-cycle
regulations--must comply with the stated limits.
---------------------------------------------------------------------------

    \10\ See 40 CFR 86.1868-12.
---------------------------------------------------------------------------

    FCA is requesting an off-cycle GHG credit of 1.1 grams
CO2 per mile for the Denso SAS compressor. FCA cited the
bench test modeling analysis referenced in the original GM application,
which demonstrated a benefit of 1.1 grams/mile. Like other
manufacturers, FCA also ran vehicle tests using the AC17 test. Eight
tests were conducted on a 2014 Dodge Charger, resulting in a calculated
benefit of 3.16 grams/mile, thus substantiating the bench test results.
Based on these results, FCA is requesting a credit of 1.1 grams/mile
for all FCA vehicles equipped with the Denso SAS compressor with
variable crankcase suction valve technology, starting with 2019 model
year vehicles. Details of the testing and analysis can be found in the
manufacturer's application.

B. Toyota Motor North America

    Toyota Motor North America (Toyota) is requesting GHG credits for
alternators with improved efficiency relative to a baseline alternator.
This request is for the 2017 and later model years. Automotive
alternators convert mechanical energy from a combustion engine into
electrical energy that can be used to power a vehicle's electrical
systems. Alternators inherently place a load on the engine, which
results in increased fuel consumption and CO2 emissions.
High efficiency alternators use new technologies to reduce the overall
load on the engine yet continue to meet the electrical demands of the
vehicle systems, resulting in lower fuel consumption and lower
CO2 emissions. Some comments on EPA's proposed rule for GHG
standards for the 2016-2025 model years suggested that EPA provide a
credit for high-efficiency alternators on the pre-defined list in the
regulations. While EPA agreed that high-efficiency alternators can
reduce electrical load and reduce fuel consumption, and that these
impacts are not seen on the emission test procedures because
accessories that use electricity are turned off, EPA noted the
difficulty in defining a one-size-fits-all credit due to lack of
data.\11\ Toyota proposes a methodology that would scale credits based
on the efficiency of the alternator; alternators with efficiency (as
measured using an accepted industry standard procedure) above a
specified baseline value could get credits of 0.1 to 2.0 grams/mile
depending on the overall improvement in alternator efficiency. This
methodology is similar to that proposed by Ford and published for
comment in June of 2017.\12\ Details of the testing and analysis can be
found in the manufacturer's application.
---------------------------------------------------------------------------

    \11\ See 77 FR 62730, October 15, 2012.
    \12\ See 82 FR 27819, June 19, 2017.
---------------------------------------------------------------------------

III. EPA Decision Process

    EPA has reviewed the applications for completeness and is now
making the applications available for public review and comment as
required by the regulations. The off-cycle credit applications
submitted by the manufacturers (with confidential business information
redacted) have been placed in the public docket (see ADDRESSES section
above) and on EPA's website at https://www.epa.gov/vehicle-and-engine-certification/compliance-information-light-duty-greenhouse-gas-ghg-standards.
    EPA is providing a 30-day comment period on the applications for
off-cycle credits described in this notice, as specified by the
regulations. The manufacturers may submit a written rebuttal of
comments for EPA's consideration, or may revise an application in
response to comments. After reviewing any public comments and any
rebuttal of comments submitted by manufacturers, EPA will make a final
decision regarding the credit requests. EPA will make its decision
available to the public by placing a decision document (or multiple
decision documents) in the docket and on EPA's website at the same
manufacturer-specific pages shown above. While the broad methodologies
used by these manufacturers could potentially be used for other
vehicles and by other manufacturers, the vehicle specific data needed
to demonstrate the off-cycle emissions reductions would likely be
different. In such cases, a new application would be required,
including an opportunity for public comment.

    Dated: March 23, 2018.
Byron Bunker,
Director, Compliance Division, Office of Transportation and Air
Quality, Office of Air and Radiation.
[FR Doc. 2018-07356 Filed 4-9-18; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 35 (Wednesday, February 22, 2012)]
[Notices]
[Pages 10536-10537]
[FR Doc No: 2012-4035]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2007-D-0369]

Draft and Revised Draft Guidances for Industry Describing
Product-Specific Bioequivalence Recommendations; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of additional draft and revised draft product-specific
bioequivalence (BE) recommendations. The recommendations provide
product-specific guidance on the design of BE studies to support
abbreviated new drug applications (ANDAs). In the Federal Register of
June 11, 2010 (75 FR 33311), FDA announced the availability of a
guidance for industry entitled ``Bioequivalence Recommendations for
Specific Products,'' which explained the process that would be used to
make product-specific BE recommendations available to the public on
FDA's Web site. The BE recommendations identified in this document were
developed using the process described in that guidance.

DATES: Although you can comment on any guidance at any time (see 21 CFR
10.115(g)(5)), to ensure that the Agency considers your comments on
these draft and revised draft guidances before it begins work on the
final versions of the guidances, submit either electronic or written
comments on the draft and revised draft product-specific BE
recommendations listed in this notice by April 23, 2012.

ADDRESSES: Submit written requests for single copies of the individual
BE guidances to the Division of Drug Information, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, Rm. 2201, Silver Spring, MD 20993-0002. Send
one self-addressed adhesive label to assist that office in processing
your requests. See the SUPPLEMENTARY INFORMATION section for electronic
access to the draft guidance recommendations.
    Submit electronic comments on the draft product-specific BE
recommendations to http://www.regulations.gov. Submit written comments
to the Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Doan T. Nguyen, Center for Drug
Evaluation and Research (HFD-600), Food and Drug Administration, 7519
Standish Pl., Rockville, MD 20855,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    In the Federal Register of June 11, 2010, FDA announced the
availability of a guidance for industry entitled ``Bioequivalence
Recommendations for Specific Products,'' which explained the process
that would be used to make product-specific BE recommendations
available to the public on FDA's Web site at http://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm. As
described in that guidance, FDA adopted this process as a means to
develop and disseminate product-specific BE recommendations and provide
a meaningful opportunity for the public to consider and comment on
those recommendations. Under that process, draft recommendations are
posted on the FDA's Web site and announced periodically in the Federal
Register. The public is encouraged to submit comments on those
recommendations within 60 days of their announcement in the Federal
Register. FDA considers any comments received and either publishes
final recommendations or publishes revised draft recommendations for
comment. Recommendations were last announced in the Federal Register of
January 25, 2012 (77 FR 3777). This notice announces draft product-
specific recommendations, either new or revised, that have been posted
on the FDA's Web site in the period from July 1, 2011, through November
30, 2011.
    For a complete history of previously published Federal Register
notices relating to product-specific BE recommendations, please go to
http://www.regulations.gov and enter docket number FDA-2007-D-0369.
    These draft and revised draft guidances are being issued consistent
with FDA's good guidance practices regulation (21 CFR 10.115). The
guidances represent the Agency's current thinking on product-specific
design of BE studies to support ANDAs. They do not create or confer any
rights for or on any person and do not operate to bind FDA or the
public. An alternative approach may be used if such approach satisfies
the requirements of the applicable statutes and regulations.

II. Drug Products for Which New Draft Product-Specific BE
Recommendations Are Available

    FDA is announcing new draft product-specific BE recommendations for
drug products containing the following active ingredients:

C

Carbamazepine
Cholestyramine
Clindamycin HCl

D

Dinoprostone (multiple RLDs)

E

Enoxaparin
Ethinyl Estradiol Norethindrone
Etravirine

F

Fingolimod

I

Ibuprofen; Phenlyephrine HCl
Imiquimod

L

Lanthanum Carbonate
Loteprednol; Tobramycin

M

Methylphenidate HCl

P

Paliperidone Palmitate
Podofilox
Potassium Chloride (multiple RLDs)
Pyridostigmine Bromide

T

Testosterone

III. Drug Products for Which Revised Draft Product-Specific BE
Recommendations Are Available

    FDA is announcing revised draft product-specific BE recommendations
for drug products containing the following active ingredients:

A

Alendronate Sodium
Alendronate Sodium; Cholecalciferol

B

Benzoyl Peroxide; Erythromycin (multiple RLDs)

M

Milnacipran HCl
Mupirocin Calcium

N

Niacin; Simvastatin

S

Sevelamer HCl

IV. Drug Products for Which Draft Product-Specific BE Recommendations
Have Been Withdrawn

    FDA is announcing the withdrawal of the product-specific BE
recommendations for drug products containing the following ingredients:
Acetaminophen; Propoxyphene Napsylate. FDA has requested that products
containing propoxyphene be withdrawn from sale for reasons of safety or
efficacy. The product-specific BE recommendations for Acetaminophen;
Propoxyphene Napsylate that previously were published on the
``Bioequivalence Recommendations for Specific Products'' Web page have
been deleted.

V. Comments

    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) either electronic or written comments on any of the
specific BE recommendations posted on FDA's Web site. It is only
necessary to send one set of comments. Identify comments with the
docket number found in brackets in the heading of this document. The
guidance, notices, and received comments may be seen in the Division of
Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.

VI. Electronic Access

    Persons with access to the Internet may obtain the document at
either http://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm or http://www.regulations.gov.

    Dated: February 14, 2012.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2012-4035 Filed 2-21-12; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 78, Number 30 (Wednesday, February 13, 2013)]
[Rules and Regulations]
[Pages 10062-10064]
[FR Doc No: 2013-03261]

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

Coast Guard

33 CFR Part 165

[Docket Number USCG-2013-0022]
RIN 1625-AA00

Safety Zone; Sea World San Diego Fireworks, Mission Bay; San
Diego, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone on the navigable
waters of Mission Bay in support of the Sea World San Diego Fireworks.
This safety zone is necessary to provide for the safety of the
participants, crew, spectators, participating vessels, and other
vessels and users of the waterway. Persons and vessels are prohibited
from entering into, transiting through, or anchoring within this safety
zone unless authorized by the Captain of the Port, or his designated
representative.

DATES: This rule is effective from 8:50 p.m. to 10 p.m. on February 16,
2013.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0022]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Deborah Metzger, Waterways Management, U.S.
Coast Guard Sector San Diego, Coast Guard; telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>If you have questions on
viewing or submitting material to the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

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

A. Regulatory History and Information

    The Coast Guard is issuing this final rule without prior notice and
opportunity to comment pursuant to authority under section 4(a) of the
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because delay would be impracticable.
Immediate action is necessary to ensure the safety of vessels,
spectators, participants, and others in the vicinity of the marine
event on the dates and times this rule will be in effect.
    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 would
be impracticable, since immediate action is needed to ensure the
public's safety.

B. Basis and Purpose

    The legal basis for this temporary rule is the Ports and Waterways
Safety Act which authorizes the Coast Guard to establish safety zones
(33 U.S.C sections 1221 et seq.).
    Sea World is sponsoring the Sea World Fireworks, which will include
a fireworks presentation from a barge in Mission Bay. The fireworks
display is scheduled to occur between 8:50 p.m. and 10 p.m. on February
16, 2013. This fireworks display could cause a hazard for crew,
spectators, participants, and other vessels and users of the waterway.

C. Discussion of the Final Rule

    The Coast Guard is establishing a safety zone that will be enforced
from 8:50 p.m. to 10 p.m. on February 16, 2013. The safety zone will
cover a 600 foot radius surrounding the fireworks barge in approximate
position 32[deg]46'03'' N, 117[deg]13'11'' W. The safety zone is
necessary to provide for the safety of the crew, spectators,
participants, and other vessels and users of the waterway. When this
safety zone is being enforced, persons and vessels are prohibited from
entering into, transiting through, or anchoring within this safety zone
unless authorized by the Captain of the Port, or his designated
representative.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. This determination is
based on the size and location of the safety zone. Commercial vessels
will not be hindered by the safety zone. Recreational vessels will not
be allowed to transit through the designated safety zone during the
specified times.

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 rule
will not have a significant economic impact on a substantial number of
small entities.
    (1) This rule will affect the following entities, some of which may
be small entities: The owners or operators of vessels intending to
transit or anchor in a portion of Mission Bay from 8:50 p.m. to 10 p.m.
on February 16, 2013.
    (2) This safety zone will not have a significant economic impact on
a substantial number of small entities for the following reasons: The
safety zone will only be in effect for one hour and 10 minutes late in
the evening when vessel traffic is low.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

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

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

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

12. Energy Effects

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

13. Technical Standards

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

14. Environment

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

discovery of a significant environmental impact from this 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 amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add Sec.  165.T11-545 to read as follows:

Sec.  165.T11-545  Safety Zone; Sea World San Diego Fireworks, Mission
Bay; San Diego, CA.

    (a) Location. The safety zone will include the area within 600 feet
of the fireworks barge in approximate position 32[deg]46'03'' N,
117[deg]13'11'' W.
    (b) Enforcement Period. This safety zone will be enforced from 8:50
p.m. to 10 p.m. on February 16, 2013.
    (c) Definitions. The following definition applies to this section:
designated representative means any commissioned, warrant, or petty
officer of the Coast Guard on board Coast Guard, Coast Guard Auxiliary,
local, state, or federal law enforcement vessels who have been
authorized to act on the behalf of the Captain of the Port.
    (d) Regulations. (1) In accordance with general regulations in 33
CFR Part 165, Subpart C, entry into, transit through or anchoring
within this safety zone is prohibited unless authorized by the Captain
of the Port of San Diego or his designated representative.
    (2) Mariners requesting permission to transit through the safety
zone may request authorization to do so from the Sector San Diego
Command Center. The Command Center may be contacted on VHF-FM Channel
16.
    (3) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or his designated representative.
    (4) Upon being hailed by U.S. Coast Guard patrol personnel by
siren, radio, flashing light, or other means, the operator of a vessel
shall proceed as directed.
    (5) The Coast Guard may be assisted by other federal, state, or
local agencies.

    Dated: January 29, 2013.
J.A. Janszen,
Commander, United States Coast Guard, Acting, Captain of the Port San
Diego.
[FR Doc. 2013-03261 Filed 2-12-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 77, Number 132 (Tuesday, July 10, 2012)]
[Notices]
[Page 40700]
[FR Doc No: 2012-16844]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2012-0350]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Reopening of comment period.

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

SUMMARY: This action reopens the comment period for a Petition for
Exemption that was published on June 12, 2012. The petition for
exemption from Aircraft Owners and Pilots Association (AOPA) and
Experimental Aircraft Association (EAA), if granted, would allow AOPA
and EAA members to conduct certain operations of aircraft without
having to hold an FAA-issued medical certificate.

DATES: The comment period for Docket No. FAA-2012-0350 is reopened
until September 14, 2012.

ADDRESSES: You may send comments identified by docket number FAA-2012-
0350 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: Tyneka Thomas, ARM-105, Office of
Rulemaking, Federal Aviation Administration, 800 Independence Avenue
SW., Washington, DC 20591, telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
Background

    On June 12, 2012, a summary of the AOPA/EAA petition was published
in the Federal Register (77 FR 35103). Comments to that document were
to be received on or before July 2, 2012.
    By letter dated June 18, 2012, AOPA and EAA requested that the FAA
extend the comment period for an additional 70 days. The petitioner
states that the additional time is necessary to ensure the public has
adequate time to provide substantive comments.

Reopening Comment Period

    In accordance with Sec.  11.47(c) of Title 14, Code of Federal
Regulations, the FAA has reviewed the petition made by AOPA/EAA. The
FAA has determined that reopening of the comment period is consistent
with the public interest, and that good cause exists for taking this
action.
    Accordingly, the comment period for Docket No. FAA-2012-0350 is
reopened until September 14, 2012.

    Issued in Washington, DC, on July 3, 2012.
Lirio Liu,
Acting Director, Office of Rulemaking.
[FR Doc. 2012-16844 Filed 7-9-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: May 12, 2010 (Volume 75, Number 91)]
[Notices]
[Page 26783]
[DOCID:fr12my10-82]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2010-0288]

Certificate of Alternative Compliance for the Offshore Supply
Vessel JOSHUA CANDIES

AGENCY: Coast Guard, DHS.

ACTION: Notice.

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

SUMMARY: The Coast Guard announces that a Certificate of Alternative
Compliance was issued for the offshore supply vessel JOSHUA CANDIES as
required by 33 U.S.C. 1605(c) and 33 CFR 81.18.

DATES: The Certificate of Alternative Compliance was issued on April 1,
2010.

ADDRESSES: The docket for this notice is available for inspection or
copying at the Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. You may also find this
docket on the Internet by going to http://www.regulations.gov,
inserting USCG-2010-0288 in the ``Keyword'' box, and then clicking
``Search.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call LTJG Christine Dimitroff, District Eight, Prevention Branch, U.S.
Coast Guard, telephone<PHONE_NUMBER>. If you have questions on viewing
or submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background and Purpose

    A Certificate of Alternative Compliance, as allowed under Title 33,
Code of Federal Regulation, Parts 81 and 89, has been issued for the
offshore supply vessel JOSHUA CANDIES, O.N. 1219732. Full compliance
with 72 COLREGS and Inland Rules Act will hinder the vessel's ability
to conduct loading and unloading operations. The horizontal distance
between the forward and aft masthead lights may be 6.506 meters.
Placing the aft masthead light at the horizontal distance from the
forward masthead light as required by Annex I, paragraph 3(a) of the 72
COLREGS would result in an aft masthead light location directly over
the aft cargo deck where it would interfere with loading and unloading
operations.
    The Certificate of Alternative Compliance allows for the horizontal
separation of the forward and aft masthead lights to deviate from the
requirements of Annex I, paragraph 3(a) of 72 COLREGS. This notice is
issued under authority of 33 U.S.C. 1605(c), and 33 CFR 81.18.

    Dated: April 15, 2010.
J.W. Johnson,
Commander, U.S. Coast Guard, Chief, Inspections and Investigations
Branch, By Direction of the Commander, Eighth Coast Guard District
[FR Doc. 2010-11263 Filed 5-11-10; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 77, Number 102 (Friday, May 25, 2012)]
[Notices]
[Pages 31395-31396]
[FR Doc No: 2012-12705]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2012-0012]

The Temporary Labor Camps Standard; Extension of the Office of
Management and Budget's (OMB) Approval of Information Collection
(Paperwork) Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for public comments.

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

SUMMARY: OSHA solicits public comments concerning its proposal to
extend OMB approval of the information collection requirements
contained in the Temporary Labor Camps Standard (29 CFR 1910.142).

DATES: Comments must be submitted (postmarked, sent, or received) by
July 24, 2012.

ADDRESSES: Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
    Facsimile: If your comments, including attachments, are not longer
than 10 pages you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit a copy of your comments and
attachments to the OSHA Docket Office, Docket No. OSHA-2012-0012, U.S.
Department of Labor, Occupational Safety and Health Administration,
Room N-2625, 200 Constitution Avenue NW., Washington, DC 20210.
Deliveries (hand, express mail, messenger, and courier service) are
accepted during the Department of Labor's and Docket Office's normal
business hours, 8:15 a.m. to 4:45 p.m., e.t.
    Instructions: All submissions must include the Agency name and OSHA
docket number for the Information Collection Request (ICR) (OSHA-2012-
0012). All comments, including any personal information you provide,
are placed in the public docket without change, and may be made
available online at http://www.regulations.gov. For further information
on submitting comments see the ``Public Participation'' heading in the
section of this notice titled SUPPLEMENTARY INFORMATION.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket (including this Federal
Register notice) are listed in the http://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download from the Web site. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You may contact Theda Kenney at the
address below to obtain a copy of the Information Collection Request
(ICR).

FOR FURTHER INFORMATION CONTACT: Theda Kenney or Todd Owen, Directorate
of Standards and Guidance, OSHA, U.S. Department of Labor, Room N-3609,
200 Constitution Avenue NW., Washington, DC 20210; telephone (202) 693-
2222.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of its continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accord with the Paperwork Reduction Act of
1995 (PRA-95) (44 U.S.C. 3506(c)(2)(A)).
    This program ensures that information is in the desired format,
reporting burden (time and costs) is minimal, collection instruments
are clearly understood, and OSHA's estimate of the information
collection burden is accurate. The Occupational Safety and Health Act
of 1970 (the OSH Act) (29 U.S.C. 651 et seq.) authorizes information
collection by employers as necessary or appropriate for enforcement of
the OSH Act or for developing information regarding the causes and
prevention of occupational injuries, illnesses, and accidents (29
U.S.C. 657).
    OSHA is requesting approval from the Office of Management and
Budget (OMB) for certain information collection requirements contained
in the Temporary Labor Camps Standard (29 CFR 1910.142). The main
purpose of these provisions is to eliminate the incidence of
communicable disease among temporary labor camp residents. The Standard
requires camp superintendents to report immediately to the local health
officer the name and address of any individual in the camp known to
have, or suspected of having, a communicable disease. Whenever there is
a case of suspected food poisoning or an unusual prevalence of any
illness in which fever, diarrhea, sore throat, vomiting or jaundice is
a prominent symptom, the Standard requires the camp superintendent to
report that immediately to the health authority. In addition, the
Standard requires that where the toilet rooms are shared, separate
toilet rooms must be provided for each sex. These rooms must be
``marked for men'' and'' for women'' by signs printed in English and in
the native language of the persons occupying the camp, or marked with
easily understood pictures or symbols.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirements
are necessary for the proper performance of the Agency's functions,
including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection requirements, including the
validity of the methodology and assumptions used;
     The quality, utility, and clarity of the information
collected; and
     Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information
collection and transmission techniques.

III. Proposed Actions

    OSHA is requesting that OMB extend its approval of the information
collection requirements contained in the Temporary Labor Camps Standard
(29 CFR 1910.142). OSHA is proposing to decrease its existing burden
hour estimate from 67 hours to 54 hours, for a total decrease of 13
hours. Based on new data from the National Agricultural Statistics
Service, the Agency decreased the number of migrant workers from
135,830 to 109,760 workers. Additionally, based upon this new data, the
Agency decreased the number of ``incidents of notifiable diseases''
from 833 cases to 673.
    The Agency will summarize any comments submitted in response to
this notice and will include this summary in its request to OMB for
approval.
    Type of Review: Extension of a currently approved collection.
    Title: Temporary Labor Camps (29 CFR 1910.142).
    OMB Control Number: 1218-0096.
    Affected Public: Business or other for-profits; Federal Government;
State, Local, or Tribal Government.
    Number of Respondents: 673.
    Frequency of Response: On occasion.
    Average Time per Response: Time per response is 5 minutes (.08
hour) to report each incident to local public health authorities.
    Estimated Total Burden Hours: 54 hours.
    Estimated Cost (Operation and Maintenance): $0.

IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (fax); or (3) by hard copy. All
comments, attachments, and other material must identify the Agency name
and the OSHA docket number for the ICR (Docket No. OSHA-2012-0012). You
may supplement electronic submissions by uploading document files
electronically. If you wish to mail additional materials in reference
to an electronic or facsimile submission, you must submit them to the
OSHA Docket Office (see the section of this notice titled ADDRESSES).
The additional materials must clearly identify your electronic comments
by your name, date, and the docket number so the Agency can attach them
to your comments.
    Because of security procedures, the use of regular mail may cause a
significant delay in the receipt of comments. For information about
security procedures concerning the delivery of materials by hand,
express delivery, messenger, or courier service, please contact the
OSHA Docket Office at<PHONE_NUMBER>, (TTY<PHONE_NUMBER>).
    Comments and submissions are posted without change at http://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as social security numbers and
dates of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download through this
Web site. All submissions, including copyrighted material, are
available for inspection and copying at the OSHA Docket Office.
    Information on using the http://www.regulations.gov Web site to
submit comments and access the docket is available at the Web site's
``User Tips'' link. Contact the OSHA Docket Office for information
about materials not available through the Web site, and for assistance
in using the Internet to locate docket submissions.

V. Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is the Paperwork Reduction Act of
1995 (PRA-95) (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order
No. 1-2012 (77 FR 3912).

    Signed at Washington, DC, on May 22, 2012.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2012-12705 Filed 5-24-12; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 81, Number 199 (Friday, October 14, 2016)]
[Notices]
[Pages 71183-71185]
[FR Doc No: 2016-24863]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. DOT-OST-2016-0194]

Notice of Rights and Protections Available Under the Federal
Antidiscrimination and Whistleblower Protection Laws

AGENCY: Office of the Secretary, Department of Transportation.

ACTION: No FEAR Act Notice.

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

SUMMARY: This Notice implements Title II of the Notification and
Federal Employee Antidiscrimination and Retaliation Act of 2002 (No
FEAR Act of 2002). It is the annual obligation for Federal agencies to
notify all employees, former employees, and applicants for Federal
employment of the rights and protections available to them under the
Federal Anti-discrimination and Whistleblower Protection Laws.

FOR FURTHER INFORMATION CONTACT: Yvette Rivera, Associate Director of
Equal Employment Opportunity Programs Division (S-32), Departmental
Office of Civil Rights, Office of the

Secretary, U.S. Department of Transportation, 1200 New Jersey Avenue
SE., Room W78-306, Washington, DC 20590,<PHONE_NUMBER> or by email at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Electronic Access

    You may retrieve this document online through the Federal Document
Management System at http://www.regulations.gov. Electronic retrieval
instructions are available under the help section of the Web site.

No FEAR Act Notice

    On May 15, 2002, Congress enacted the ``Notification and Federal
Employee Antidiscrimination and Retaliation Act of 2002,'' now
recognized as the No FEAR Act (Pub. L. 107-174). One purpose of the Act
is to ``require that Federal agencies be accountable for violations of
antidiscrimination and whistleblower protection laws.'' (Pub. L. 107-
174, Summary). In support of this purpose, Congress found that
``agencies cannot be run effectively if those agencies practice or
tolerate discrimination'' (Pub. L. 107-174, Title I, General
Provisions, section 101(1)). The Act also requires the United States
Department of Transportation (USDOT) to provide this Notice to all
USDOT employees, former USDOT employees, and applicants for USDOT
employment. This Notice informs such individuals of the rights and
protections available under Federal antidiscrimination and
whistleblower protection laws.

Antidiscrimination Laws

    A Federal agency cannot discriminate against an employee or
applicant with respect to the terms, conditions, or privileges of
employment because of race, color, religion, sex, national origin, age,
disability, marital status, genetic information, or political
affiliation. One or more of the following statutes prohibit
discrimination on these bases: 5 U.S.C. 2302(b)(1), 29 U.S.C. 631, 29
U.S.C. 633a, 29 U.S.C. 206(d), 29 U.S.C. 791, 42 U.S.C. 2000e-16 and
2000ff.
    If you believe you were a victim of unlawful discrimination on the
bases of race, color, religion, sex, national origin, age, genetic
information, and/or disability, you must contact an Equal Employment
Opportunity (EEO) counselor within 45 calendar days of the alleged
discriminatory action, or in the case of a personnel action, within 45
calendar days of the effective date of the action to try and resolve
the matter informally. This must be done before filing a formal
complaint of discrimination with USDOT (See, e.g., 29 CFR part 1614).
    If you believe you were a victim of unlawful discrimination based
on age, you must either contact an EEO counselor as noted above or give
notice of intent to sue to the Equal Employment Opportunity Commission
(EEOC) within 180 calendar days of the alleged discriminatory action.
As an alternative to filing a complaint pursuant to 29 CFR part 1614,
you can file a civil action in a United States district court under the
Age Discrimination in Employment Act, against the head of an alleged
discriminating agency after giving the EEOC not less than a 30 day
notice of the intent to file such action. You may file such notice in
writing with the EEOC via mail at P.O. Box 77960, Washington, DC 20013,
personal delivery, or facsimile within 180 days of the occurrence of
the alleged unlawful practice.
    If you are alleging discrimination based on marital status or
political affiliation, you may file a written discrimination complaint
with the U.S. Office of Special Counsel (OSC). Form OSC-11 is available
online at the OSC Web site http://www.osc.gov, under the tab to file a
complaint. Additionally, you can download the form from http://www.osc.gov/Pages/Resources-OSCForms.aspx. Complete Form OSC-11 and
mail it to the Complaints Examining Unit, U.S. Office of Special
Counsel at 1730 M Street NW., Suite 218 Washington, DC 20036-4505. You
also have the option to call the Complaints Examining Unit at (800)
872-9855 for additional assistance. In the alternative (or in some
cases, in addition), you may pursue a discrimination complaint by
filing a grievance through the USDOT administrative or negotiated
grievance procedures, if such procedures apply and are available.
    If you are alleging compensation discrimination pursuant to the
Equal Pay Act, and wish to pursue your allegations through the
administrative process, you must contact an EEO counselor within 45
calendar days of the alleged discriminatory action as such complaints
are processed under EEOC's regulations at 29 CFR part 1614.
Alternatively, you may file a civil action in a court of competent
jurisdiction within two years, or if the violation is willful, three
years of the date of the alleged violation, regardless of whether you
pursued any administrative complaint processing. The filing of a
complaint or appeal pursuant to 29 CFR part 1614 shall not toll the
time for filing a civil action.

Whistleblower Protection Laws

    A USDOT employee with authority to take, direct others to take,
recommend, or approve any personnel action must not use that authority
to take, or fail to take, or threaten to take, or fail to take a
personnel action against an employee or applicant because of a
disclosure of information by that individual that is reasonably
believed to evidence violations of law, rule, or regulation; gross
mismanagement; gross waste of funds; an abuse of authority; or a
substantial and specific danger to public health or safety, unless the
disclosure of such information is specifically prohibited by law and
such information is specifically required by Executive Order to be kept
secret in the interest of national defense or the conduct of foreign
affairs.
    Retaliation against a USDOT employee or applicant for making a
protected disclosure is prohibited (5 U.S.C. 2302(b)(8)). If you
believe you are a victim of whistleblower retaliation, you may file a
written complaint with the U.S. Office of Special Counsel at 1730 M
Street NW., Suite 218, Washington, DC 20036-4505 using Form OSC-11.
Alternatively, you may file online through the OSC Web site at http://www.osc.gov.

Disciplinary Actions

    Under existing laws, USDOT retains the right, where appropriate, to
discipline a USDOT employee who engages in conduct that is inconsistent
with Federal Antidiscrimination and Whistleblower Protection laws up to
and including removal from Federal service. If OSC initiates an
investigation under 5 U.S.C. 1214, USDOT must seek approval from the
Special Counsel to discipline employees for, among other activities,
engaging in prohibited retaliation (5 U.S.C. 1214). Nothing in the No
FEAR Act alters existing laws, or permits an agency to take unfounded
disciplinary action against a USDOT employee, or to violate the
procedural rights of a USDOT employee accused of discrimination.

Additional Information

    For more information regarding the No FEAR Act regulations, refer
to 5 CFR part 724, as well as the appropriate office(s) within your
agency (e.g., EEO/civil rights offices, human resources offices, or
legal offices). You can find additional information regarding Federal
antidiscrimination, whistleblower protection, and retaliation laws at
the EEOC Web site at http://www.eeoc.gov and the OSC Web site at http://www.osc.gov.

Existing Rights Unchanged

    Pursuant to section 205 of the No FEAR Act, neither the Act nor
this notice creates, expands, or reduces any rights otherwise available
to any employee, former employee, or applicant under the laws of the
United States, including the provisions of law specified in 5 U.S.C.
2302(d).

    Issued in Washington, DC, on October 5, 2016.
Leslie M. Proll,
Director, Departmental Office of Civil Rights, U.S. Department of
Transportation.
[FR Doc. 2016-24863 Filed 10-13-16; 8:45 am]
 BILLING CODE 4910-9X-P


[Federal Register: April 21, 2010 (Volume 75, Number 76)]
[Notices]
[Page 20874-20875]
[DOCID:fr21ap10-107]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activity Seeking OMB Approval

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice.

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

SUMMARY: The FAA invites public comments about our intention to request
the Office of Management and Budget's (OMB) revision of a current
information collection. The Federal Register Notice with a 60-day
comment period soliciting comments on the following collection of
information was published on November 13, 2009, vol. 74, no. 218, page
58676-58677. This rulemaking established requirements for the FAA's
authority to issue Experimental Permits for reusable suborbital rockets
to authorize launches for the purpose of research and development, crew
training and showing compliance with the regulations.

DATES: Please submit comments by May 21, 2010.

FOR FURTHER INFORMATION CONTACT: Carla Mauney at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Federal Aviation Administration (FAA)

    Title: Experimental Permits for Reusable Suborbital Rockets.
    Type of Request: Extension without change of a currently approved
collection.
    OMB Control Number: 2120-0722.
    Form(s): There are no FAA forms associated with this collection.
    Affected Public: An estimated 10 respondents.
    Frequency: This information is collected on occasion.
    Estimated Average Burden per Response: Approximately 18.6 hours per
response.
    Estimated Annual Burden Hours: An estimated 2,567 hours annually.
    Abstract: The FAA has imposed requirements for obtaining an
Experimental Permit as required by the Commercial Space Launch
Amendments Act of 2004. This rulemaking established requirements for
the FAA's new authority to issue Experimental Permits for reusable

suborbital rockets to authorize launches for the purpose of research
and development, crew training and showing compliance with the
regulations.

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 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.
    Comments are invited on: Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Department, including whether the information will have practical
utility; the accuracy of the Department's estimates of the burden of
the proposed information collection; ways to enhance the quality,
utility, and clarity of the information to be collected; and ways to
minimize the burden of the collection of information on respondents,
including the use of automated collection techniques or other forms of
information technology.

    Issued in Washington, DC on April 14, 2010.
Carla Mauney,
FAA Information Collection Clearance Officer, IT Enterprises Business
Services Division, AES-200.
[FR Doc. 2010-9173 Filed 4-20-10; 8:45 am]
BILLING CODE 4910-13-P