[Federal Register Volume 85, Number 159 (Monday, August 17, 2020)]
[Notices]
[Pages 50035-50040]
[FR Doc No: 2020-18005]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2020-0016]

Voluntary Agreement Under Section 708 of the Defense Production
Act; Manufacture and Distribution of Critical Healthcare Resources
Necessary To Respond to a Pandemic

AGENCY: Federal Emergency Management Agency, Homeland Security (DHS).

ACTION: Notice.

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

SUMMARY: The Federal Emergency Management Agency (FEMA) announces the
formation of a voluntary agreement under Section 708 of the Defense
Production Act for the Manufacture and Distribution of Critical
Healthcare Resources Necessary to Respond to a Pandemic. This Notice
contains the text of the Voluntary Agreement.

FOR FURTHER INFORMATION CONTACT: Harold Lucie, Joint DPA Office,
Federal Emergency Management Agency, 500 C Street SW, Washington, DC
20472-3184, telephone<PHONE_NUMBER>, and email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Authority

    Section 708 of the Defense Production Act (DPA), 50 U.S.C. 4558,
allows the President to provide for the formation of voluntary
agreements by the private sector to help provide for the national
defense. This authority was delegated to the Secretary of Homeland
Security generally in section 401 of Executive Order 13603,\1\
``National Defense Resources Preparedness,'' and specifically for
response to COVID-19 in section 3 of Executive Order 13911,\2\
``Delegating Additional Authority Under the Defense Production Act With
Respect to Health and Medical Resources To Respond to the Spread of
COVID-19.'' The Secretary of Homeland Security has delegated these
authorities to the FEMA Administrator in Department of Homeland
Security (DHS) Delegation 09052 Rev. 00, ``Delegation of Defense
Production Act Authority to the Administrator of the Federal Emergency
Management Agency,'' (Jan. 3, 2017), and DHS Delegation 09052 Rev.
00.1, ``Delegation of Defense Production Act Authority to the
Administrator of the Federal Emergency Management Agency'' (Apr. 1,
2020), respectively.
---------------------------------------------------------------------------

    \1\ 77 FR 16651 (Mar. 22, 2012).
    \2\ 85 FR 18403 (Apr. 1, 2020).
---------------------------------------------------------------------------

Background

    FEMA sought and received approval from the Attorney General, after
consultation with the Federal Trade Commission (FTC), to begin
consultation with the private sector, as required by Section 708(c)(2).
Pursuant to that approval, on May 12, 2020, FEMA posted an announcement
of a public meeting and request for comments to develop a Voluntary
Agreement in the Federal Register (85 FR 28031). FEMA held a public
meeting on May 21, 2020, and accepted public comments until June 5,
2020.\3\ FEMA received 34 public comments and considered these comments
when preparing the Voluntary Agreement.\4\
---------------------------------------------------------------------------

    \3\ The original comment period was extended to allow
commentators additional time to respond. FEMA posted notices of
extension to www.regulations.gov under the Docket ID for this
notice, FEMA-2020-0016.
    \4\ Available on www.regulations.gov under Docket ID for this
notice.
---------------------------------------------------------------------------

    The Attorney General, in consultation with the Chairman of the
Federal Trade Commission, made the required finding that the purpose of
the voluntary agreement may not reasonably be achieved through an
agreement having less anticompetitive effect or without any voluntary
agreement. Pursuant to Sec. 708(f)(1)(B) of the Defense Production Act,
the Department of Justice is separately publishing this finding in this
issue of the Federal Register as a notice. The FEMA Administrator, as
the Sponsor of the agreement, has certified in writing that the
agreement is necessary to help provide for the national defense.

Text of the Voluntary Agreement, Manufacture and Distribution of
Critical Healthcare Resources Necessary To Respond to a Pandemic

Table of Contents

Preface
I. Purpose
II. Authorities
III. General Provisions
    A. Definitions
    B. Committee Participation
    C. Effective Date and Duration of Participation
    D. Withdrawal
    E. Plan of Action Activation and Deactivation
    F. Rules and Regulations
    G. Modification and Amendment
    H. Expenses
    I. Record Keeping
IV. Antitrust Defense
V. Terms and Conditions
    A. Plan of Action Execution
    B. Information Management and Responsibilities
    C. Oversight
VI. Establishment of the Committee
VII. Application and Agreement
VIII. Assignment

Voluntary Agreement, Manufacture and Distribution of Critical
Healthcare Resources Necessary To Respond to a Pandemic

Preface

    Pursuant to section 708 of the Defense Production Act of 1950
(DPA), as amended (50 U.S.C. 4558), the Federal Emergency Management
Agency (FEMA) Administrator (Administrator), after consultation with
the Secretary of the Department of Health and Human Services (HHS), the
Attorney General of the United States (Attorney General), and the
Chairman of the Federal Trade Commission (FTC), has developed this
Voluntary Agreement (Agreement). This Agreement is intended to maximize
the effectiveness of the manufacture and distribution of Critical
Healthcare Resources nationwide to respond to a pandemic by
establishing unity of effort between the Participants and the Federal
Government for integrated coordination, planning, information sharing
with FEMA, and allocation and distribution of Critical Healthcare
Resources. The activities contemplated by this Agreement are limited to
those necessary to respond to a Pandemic, at the sole determination of
FEMA. This Agreement affords Participants defenses

to civil and criminal actions brought for violations of antitrust laws
when carrying out this Agreement and an appropriate Plan of Action.
This Agreement is intended to foster a close working relationship among
FEMA, HHS, and the Participants to address national defense needs
through cooperative action under the direction and supervision of FEMA.
This Agreement, when implemented through a Plan of Action, affords
Participants a safe harbor to exchange information, collaborate and
adjust commercial operations as to particular products and services,
when FEMA determines it necessary for the national defense, and only to
the extent necessary for the national defense.

I. Purpose

    A pandemic may present conditions that pose a direct threat to the
national defense of the United States or its preparedness programs such
that, pursuant to DPA section 708(c)(1), an agreement to collectively
coordinate, plan and collaborate for the manufacture and distribution
of personal protective equipment (PPE), Pharmaceuticals and other
Critical Healthcare Resources is necessary for the national defense.
This Agreement will maximize the effectiveness of the manufacture and
distribution of Critical Healthcare Resources nationwide to respond to
a pandemic by establishing unity of effort between the Participants and
the Federal Government for integrated coordination, planning,
information sharing with FEMA, allocation and distribution of Critical
Healthcare Resources. The activities included in this Agreement are
limited to those necessary to respond to a Pandemic, at the sole
determination, direction, and supervision of FEMA and implemented
through Plans of Action.

II. Authorities

    Section 708, Defense Production Act (50 U.S.C. 4558); sections
402(2) & 501(b), Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121-5207); sections 503(b)(2)(B) &
504(a)(10) & (16) of the Homeland Security Act of 2002 (6 U.S.C.
313(b)(2)(B), 314(a)(10) & (16)); sections 201, 301, National
Emergencies Act (50 U.S.C. 1601 et seq.); section 319, Public Health
Service Act (42 U.S.C. 247d); Executive Order (E.O.) 13911, 85 FR 18403
(Mar. 27, 2020); Prioritization and Allocation of Certain Scarce or
Threatened Health and Medical Resources for Domestic Use, 85 FR 20195
(Apr. 10, 2020). Pursuant to DPA section 708(f)(1)(A), the
Administrator certifies that this Agreement is necessary for the
national defense.

III. General Provisions

A. Definitions

Administrator
    The FEMA Administrator who, as a Presidentially appointed and
Senate confirmed official, is the Sponsor of this Agreement. Pursuant
to a delegation or redelegation of the functions given to the President
by DPA section 708, the Administrator proposes and provides for the
development and carrying out of this Agreement. The Administrator is
responsible for carrying out all duties and responsibilities required
by 50 U.S.C. 4558 and 44 CFR part 332 and for appointing one or more
Chairpersons to manage and administer the Committee and any Sub-
Committee formed to carry out this Agreement.
Agreement
    The Voluntary Agreement. Participants who have been invited to join
and agreed to the terms of this Agreement as described in Section VII
below may join the ``Committee for the Distribution of Healthcare
Resources Necessary to Respond to a Pandemic.''
Attendees
    Subject matter experts, invited by the Chairperson to attend
meetings authorized under this Agreement, to provide technical advice
or to represent other Government agencies or interested parties.
Attendees are not Members of the Committee.
Chairperson
    FEMA senior executive, appointed by the Administrator, to chair the
``Committee for the Distribution of Healthcare Resources Necessary to
Respond to a Pandemic.'' The Chairperson shall be responsible for the
overall management and administration of the Committee, this Agreement,
and Plans of Action developed under this Agreement while remaining
under the supervision of the Administrator; may create one or more Sub-
Committees, as approved by the Administrator; shall initiate, or
approve in advance, each meeting held to discuss problems, determine
policies, recommend actions, and make decisions necessary to carry out
this Agreement; and otherwise shall carry out all duties and
responsibilities assigned to him. The Administrator may appoint one or
more co-Chairpersons to chair the Committee and Sub-Committees, as
appropriate.
Committee
    Committee for the Distribution of Healthcare Resources Necessary to
Respond to a Pandemic established under this Agreement. Provides
Committee Members a forum to maximize the effectiveness of the
manufacture and distribution of Critical Healthcare Resources
nationwide to respond to a Pandemic through integrated coordination,
planning, and identification and development of Plans of Action needed
to respond to a pandemic, including making recommendations on the
creation of a Plan of Action.
Critical Healthcare Resources
    All categories of health and medical resources for which production
and distribution capacity is necessary to respond to a pandemic,
including, but not limited to, PPE, Pharmaceuticals, respiratory
devices, vaccines, raw materials, supplies, and medical devices.
Documents
    Any information, on paper or in electronic format, including
written, recorded, and graphic materials of every kind, in the
possession, custody, or control of the Participant.
Members
    Collectively the Chairperson, Representatives, and Participants of
the Committee. Jointly responsible for developing all decisions
necessary to carry out this Agreement and to develop and execute Plans
of Action under this Agreement.
Pandemic
    A Pandemic is defined as an epidemic that has spread to human
populations across a large geographic area that is subject to one or
more declarations under the National Emergencies Act, the Public Health
Service Act, or the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, or if the Administrator determines that one or more
declarations is likely to occur and the epidemic poses a direct threat
to the national defense or its preparedness programs. For example,
Coronavirus Disease 2019 (COVID-19).
Participant
    An individual, partnership, corporation, association, or private
organization, other than a Federal agency, that has substantive
capabilities, resources or expertise to carry out the purpose of this
Agreement, that has been specifically invited to participate in this
Agreement by the Chairperson, and that has applied and agreed to the

terms of this Agreement in Section VII below. ``Participant'' includes
a corporate or non-corporate entity entering into this Agreement and
all subsidiaries and affiliates of that entity in which that entity has
50 percent or more control either by stock ownership, board majority,
or otherwise. The Administrator may invite Participants to join this
Agreement at any time during its effective period.
Personal Protective Equipment
    Objects that provide measures of safety protection for healthcare
workers, first responders, critical infrastructure personnel and/or the
general public for the response to the Pandemic. These PPE items may
include, but are not limited to, face coverings, filtering facepiece
respirators, face shields, isolation and surgical gowns, examination
and surgical gloves, suits, and foot coverings.
Pharmaceuticals
    All drugs defined under the Food, Drug, and Cosmetic Act, 21 U.S.C.
321(g), including biological products defined under the Public Health
Service Act, 42 U.S.C. 262(i).
Plan of Action
    A documented method, pursuant to 50 U.S.C. 4558(b)(2), proposed by
FEMA and adopted by invited Participants, to implement this Agreement,
through a Sub-Committee focused on a particular Critical Healthcare
Resource, or pandemic response workstream or functional area necessary
for the national defense.
Plan of Action Agreement
    A separate commitment made by Participants upon invitation and
agreement to participate in a Plan of Action. Completing the Plan of
Action Agreement confers responsibilities on the Participant consistent
with those articulated in the Plan of Action and affords Participants
antitrust protections for actions taken consistent with that Plan of
Action as described in Section IV below.
Point of Care
    All categories of medical service providers necessary to respond to
a pandemic, as determined by the Chairperson after consultation with
the Members of the Committee. This may include, but is not limited to,
Acute Care, First Responders, Nursing Homes, Private Hospitals, Public
Hospitals, Veterans Administration Hospitals, Physician Offices, Dental
Offices, Ambulatory Clinics, Pharmacies, Community Health Clinics,
Laboratories, and other acute and non-acute care facilities responsible
for healthcare.
Representatives
    The representatives the Administrator identifies and invites to the
Committee from FEMA, HHS, and other Federal agencies with equities in
this Agreement, and empowered to speak on behalf of their agencies'
interests. The Attorney General and the Chairman of the FTC, or their
delegates, may also attend any meeting as a Representative.
Sub-Committee
    A body formed by the Administrator from select Participants to
implement a Plan of Action.

B. Committee Participation

    The Committee established under this Agreement will consist of the
(1) Chairperson, (2) Representatives from FEMA, HHS, DOJ, and other
Federal agencies with equities in this Agreement, and (3) Participants
that have substantive capabilities, resources or expertise to carry out
the purpose of this Agreement. Other Attendees--invited by the
Chairperson as subject matter experts to provide technical advice or to
represent the interests of other Government agencies or interested
parties--may also participate in Committee meetings. Collectively, the
Chairperson, Representatives and Participants will serve as the Members
of the Committee. Public notice will be provided as each Participant
joins or withdraws from this Agreement. The list of Participants will
be published annually in the Federal Register.

C. Effective Date and Duration of Participation

    This Agreement is effective immediately upon the signature of the
Participant or their authorized designees. This Agreement shall remain
in effect until terminated in accordance with 44 CFR 332.4, or in any
case, it shall be effective no more than five (5) years from the date
the requirements of DPA section 708(f)(1) are satisfied as to the
initial Voluntary Agreement regarding the manufacture and distribution
of critical healthcare resources necessary to respond to a Pandemic,
unless otherwise terminated pursuant to DPA section 708(h)(9) and 44
CFR 332.4 or extended as set forth in DPA section 708(f)(2). No action
may take place under this Agreement until it is activated, as described
in Section III(E.), below.

D. Withdrawal

    Participants may withdraw from this Agreement at any point, subject
to the fulfillment of obligations incurred under this Agreement prior
to the date this agreement is terminated with regard to such
Participant, by giving written notice to the Administrator at least
fifteen (15) calendar days prior to the effective date of that
Participant's withdrawal. Following receipt of such notice, the
Administrator will inform the other Participants of the date of the
withdrawal.
    Upon the effective date of the withdrawal, the Participant must
cease all activities under this Agreement.

E. Plan of Action Activation and Deactivation

    Upon occurrence of a Pandemic, the Administrator may authorize a
Plan of Action and Sub-Committee for one or more specific Pandemic
response workstreams, functional areas, or Critical Healthcare Resource
national defense needs, e.g., a pharmaceuticals plan of action, or a
PPE distribution plan of action, or a vaccine plan of action. The
Administrator will invite a select group of Participants who are
representative of the segment of the industry for which the Plan of
Action is intended to participate on the Sub-Committee. The Plan of
Action will be activated for each invited Participant when the
Participant executes a Plan of Action Agreement. Actions taken by
Participants to develop a Plan of Action and actions taken after
executing a Plan of Action Agreement to collectively coordinate, plan
and collaborate, pursuant to that Plan of Action and as directed and
supervised by FEMA, will constitute action taken to develop and carry
out this Agreement pursuant to 50 U.S.C. 4558(j).
    Sub-Committees will meet only for the purposes specified in this
Agreement and as provided for in writing by the Chairperson. They will
report directly to the Committee regarding all actions taken by them,
and any Plan of Action adopted by a Sub-Committee must be approved
first by the Chairperson. A Plan of Action may not become effective
unless and until the Attorney General (after consultation with the
Chairman of the Federal Trade Commission) finds, in writing, that such
purpose(s) of the Plan of Action may not reasonably be achieved through
a Plan of Action having less anticompetitive effects or without any
Plan of Action and publishes such finding in the Federal Register. The
Chairperson may appoint a Sub-Committee Chairperson to preside over
each Sub-Committee as

a delegate of the Chairperson; however, the Chairperson retains
responsibility for all Sub-Committees and for administerial and record
keeping requirements of any meetings held by such Sub-Committees,
including providing public notice as required of any meetings.
    When recommended by the Sub-Committee Chairperson, the
Administrator will provide notice of a Plan of Action Deactivation. Any
actions taken by Participants after the Deactivation date are outside
the scope of Plan of Action Agreement and the Section IV antitrust
defense is not available.

F. Rules and Regulations

    Participants acknowledge and agree to comply with all provisions of
DPA section 708, as amended, and regulations related thereto which are
promulgated by FEMA, the Department of Homeland Security, HHS, the
Attorney General, and the FTC. FEMA has promulgated standards and
procedures pertaining to voluntary agreements in 44 CFR part 332. The
Administrator shall inform Participants of new rules and regulations as
they are issued.

G. Modification and Amendment

    The Administrator, after consultation with the Attorney General and
the Chairman of the FTC, may terminate or modify, in writing, this
Agreement or a Plan of Action at any time, and may remove Participants
from this Agreement or a Plan of Action at any time. Participants may
propose modifications or amendments to this Agreement at any time. The
Administrator shall inform Participants of modifications or amendments
to this Agreement as they are issued. If a Participant indicates an
intent to withdraw from the Agreement due to a modification or
amendment of the Agreement, the Participant will not be required to
perform actions directed by that modification or amendment.
    The Attorney General, after consultation with the Chairman of the
FTC and the Administrator, may terminate or modify, in writing, this
Agreement or a Plan of Action at any time, and may remove Participants
from this Agreement or a Plan of Action at any time. If the Attorney
General decides to use this authority, the Attorney General will notify
the Chairperson as soon as possible, who will in turn notify
Participants.

H. Expenses

    Participation in this Agreement does not confer funds to
Participants, nor does it limit or prohibit any pre-existing source of
funds. Unless otherwise specified, all expenses, administrative or
otherwise, incurred by Participants associated with participation in
this Agreement shall be borne exclusively by the Participants.

I. Record Keeping

    The Chairperson shall have primary responsibility for maintaining
records in accordance with 44 CFR part 332, and shall be the official
custodian of records related to carrying out this Agreement. Each
Participant shall maintain for 5 years all minutes of meetings,
transcripts, records, documents, and other data, including any
communications with other Participants or with any other member of the
Committee, including drafts, related to the carrying out of this
Agreement or any Plan of Action or incorporating data or information
received in the course of carrying out this Agreement or any Plan of
Action. Each Participant agrees to produce to the Administrator, the
Attorney General, and the Chairman of the FTC upon request any item
that this section requires the Participant to maintain. Any record
maintained in accordance with 44 CFR part 332 shall be available for
public inspection and copying, unless exempted on the grounds specified
in 5 U.S.C. 552(b)(1), (3) or (4) or identified as privileged and
confidential information in accordance with DPA section 705(d), and 44
CFR 332.5.

IV. Antitrust Defense

    Under the provisions of DPA subsection 708(j), each Participant in
this Agreement shall have available as a defense to any civil or
criminal action brought for violation of the antitrust laws (or any
similar law of any State) with respect to any action to develop or
carry out this Agreement or a Plan of Action, that such action was
taken by the Participant in the course of developing or carrying out
this Agreement or a Plan of Action, that the Participant complied with
the provisions of DPA section 708 and the rules promulgated thereunder,
and that the Participant acted in accordance with the terms of this
Agreement and any relevant Plan of Action. Except in the case of
actions taken to develop this Agreement or a Plan of Action, this
defense shall be available only to the extent the Participant asserting
the defense demonstrates that the action was specified in, or was
within the scope of, this Agreement or a Plan of Action.
    This defense shall not apply to any action occurring after the
termination of this Agreement or a Plan of Action. Immediately upon
modification of this Agreement or a Plan of Action, no antitrust
immunity shall apply to any subsequent action that is beyond the scope
of the modified Agreement or Plan of Action. The Participant asserting
the defense bears the burden of proof to establish the elements of the
defense. The defense shall not be available if the person against whom
the defense is asserted shows that the action was taken for the purpose
of violating the antitrust laws.

V. Terms and Conditions

    Each Participant agrees to voluntarily collaborate with all
Committee Members to recommend Plans of Action and Sub-Committees that
will, at the direction of and under the supervision of FEMA, maximize
the effectiveness of the manufacture and distribution of Critical
Healthcare Resources nationwide to respond to a pandemic by
establishing unity of effort between the Participants and the Federal
Government for integrated coordination, planning, information sharing
with FEMA, and allocation and distribution of Critical Healthcare
Resources. These efforts aim to promote efficiency and timeliness to
mitigate shortages of Critical Healthcare Resources to respond to a
Pandemic and to meet the overall demands of the healthcare and other
selected critical infrastructure sectors, along with those demands
necessary to continue all-level-of-government mission-essential
functions.
    As the sponsoring agency, FEMA will maintain oversight over
Committee and Sub-Committee activities and direct and supervise actions
taken to carry out this Agreement and subsequent Plans of Action,
including by retaining decision-making authority over actions taken
pursuant to this Agreement and subsequent Plans of Action to ensure
such actions are necessary to address a direct threat to the national
defense. The Department of Justice (DOJ) and the Chairman of the FTC
will monitor activities of the Committee and Sub-Committees to ensure
they execute their responsibilities in a manner consistent with this
Agreement having the least anticompetitive effects possible.

A. Plan of Action Execution

    Specific Member obligations and actions to be undertaken will only
be provided for in individual Plans of Action, not in the Agreement.
Activities taken to develop a Plan of Action or to implement a Plan of
Action that has been activated pursuant to section III.E. above will
provide Participants the antitrust defense described in section

IV. Each Plan of Action will endeavor to clearly identify the conduct
that Participants will undertake in carrying out the Plan of Action and
that would be subject to the defense described in Section IV.
    Each Plan of Action will describe what information Members will
share, as directed by FEMA and under FEMA's supervision. Information
will be used to create a common operating picture in furtherance of the
Plan of Action's purpose and/or to promote overall situational
awareness of Critical Healthcare Resource manufacturing and
distribution activities.
    Each Plan of Action, and information gathered pursuant to that
plan, will be used to support one or more of the following objectives:
    (1) Facilitate maximum availability of Critical Healthcare
Resources to end-users by deconflicting overlapping requirements for
the collective Participant customer base;
    (2) Facilitate maximum availability of Critical Healthcare
Resources to Members by deconflicting overlapping supply chain demands
of Members;
    (3) Facilitate efficient distribution of Critical Healthcare
Resources by deconflicting overlapping distribution chain activities of
Members;
    (4) Inform where expansion of the manufacture of Critical
Healthcare resources is necessary;
    (5) Identify and prioritize Critical Healthcare Resource
requirements;
    (6) Validate Critical Healthcare Resource requirements;
    (7) Project future demand for Critical Healthcare Resource
requirements.
    (8) Execute a collaborative manufacturing strategy to more
efficiently make use of limited resources for key manufacturing lines
of effort for Critical Healthcare Resources;
    (9) Collaborate in the voluntary Participant allocation of Critical
Healthcare Resources nationwide;
    (10) Cooperate to the fullest extent possible to distribute
Critical Healthcare Resources to locations most in need, as identified
by FEMA;
    (11) Explore strategies for increased manufacturing of Critical
Health Resources in or near the United States;
    (12) Carry out any other activities as determined and directed by
FEMA necessary to address the Pandemic's direct threat to the national
defense.

B. Information Management and Responsibilities

    FEMA will request only that data and information from Participants
that is necessary to meet the objectives of a Plan of Action. Upon
signing a Plan of Action Agreement, participants should endeavor to
cooperate to the greatest extent possible to share data and information
necessary to meet the objectives of the Plan of Action.
    The specific data requested, procedures for sharing that data, and
data management and disposition will be tailored for each specific Plan
of Action. Where feasible and to the greatest extent possible, FEMA
will incorporate the following principles regarding data sharing into
each Plan of Action:
     In general, Participants will not be asked to share
competitively sensitive information directly with other Participants.
Direct sharing of information among Participants will be requested only
when necessary and will be closely supervised by FEMA, including
requiring appropriate safeguards regarding participant use and
dissemination of other participants' data.
     If FEMA needs to share information with parties outside
the Sub-Committee, FEMA will limit the amount and type of information
shared to the greatest extent feasible and permitted by law, while
still furthering the objectives of the Plan of Action.
     Prior to distribution within or outside the Sub-Committee,
FEMA will aggregate and anonymize data in such a way that will maximize
the effectiveness of the Plan of Action without compromising
competitively sensitive information.
     Pursuant to 5 U.S.C. 552(b)(4) and 44 CFR 332.5, FEMA will
withhold from disclosure under the Freedom of Information Act
Participant trade secrets and commercial or financial information and
will restrict Sub-Committee meeting attendance where necessary to
protect trade secrets and commercial or financial information.
     Any party receiving competitively sensitive information
through a Plan of Action shall use such information solely for the
purposes outlined in the Plan of Action and take steps, such as
imposing firewalls or tracking usage, to ensure such information is not
used for any other purpose. Disclosure and use of competitively
sensitive information will be limited to the greatest extent possible.
     At the conclusion of a Participant's involvement in a Plan
of Action--due to the deactivation of the Plan of Action or due to the
Participant's withdrawal or removal--each Participant will be requested
to sequester any and all competitively sensitive information received
through participation in the Plan of Action. This sequestration will
include the deletion of all competitively sensitive information unless
required to be kept pursuant to the Record Keeping requirements as
described supra, Section I, 44 CFR part 332, or any other provision of
law.

C. Oversight

    The Chairperson is responsible for ensuring the Attorney General,
or suitable delegate(s) from DOJ, and the FTC Chairman, or suitable
delegate(s) from the FTC, have awareness of activities under this
Agreement, including Plan of Action activation, deactivation, and
scheduling of meetings. The Attorney General, the FTC Chairman, or
their delegates may attend Committee and Sub-Committee meetings and
request to be apprised of any activities taken in accordance with
activities under this Agreement or a Plan of Action. DOJ or FTC
Representatives may request and review any proposed action by the
Committee, Sub-Committee or Participants undertaken pursuant to this
Agreement or Plan of Action, including the provision of data. If any
DOJ or FTC Representative believes any actions proposed or taken are
not consistent with relevant antitrust protections provided by the DPA,
he or she shall provide warning and guidance to the Committee as soon
as the potential issue is identified. If questions arise about the
antitrust protections applicable to any particular action, FEMA may
request DOJ, in consultation with the FTC, provide an opinion on the
legality of the action under relevant DPA antitrust protections.

VI. Establishment of the Committee

    There is established a Committee for the Manufacture and
Distribution of Healthcare Resources Necessary to Respond to a Pandemic
(Committee) to provide the Federal Government and the Participants a
forum to maximize the effectiveness of the manufacture and distribution
of Critical Healthcare Resources nationwide to respond to a Pandemic
through integrated coordination, planning, and information sharing with
FEMA. A Chairperson designated by the FEMA Administrator will convene
and preside over the Committee. The Committee will not be used for
widespread or collective exchange of information among members. These
activities, if required, shall be done within individual Sub-
Committees, and in accordance with an established Plan of Action. The
Committee will not be used for contract negotiations or contract
discussions between the Participants and the Federal Government; such
negotiations or discussions will be in accordance with applicable
Federal contracting

policies and procedures. However, this shall not limit any discussion
within a Sub-Committee about the operational utilization of existing
and potential contracts between the Participants and Representatives
when seeking to align their use with overall manufacturing and
distribution efforts consistent with this Agreement and a Plan of
Action.
    The Committee will consist of designated Representatives from FEMA,
HHS, other Federal agencies with equities in this Agreement, and each
Participant. The Attorney General and Chairman of the FTC, or their
delegates, may also join the Committee and attend meetings at their
discretion. Attendees may also be invited at the discretion of the
Chairperson as subject matter experts, to provide technical advice, or
to represent other Government agencies, but will not be considered part
of the Committee.
    To the extent necessary to respond to the Pandemic and at the
explicit direction of the Chairperson, the Committee Members will
provide technical advice to each other as needed, share information
collectively, identify and validate places and resources of the
greatest need, project future manufacturing and distribution demands,
collectively identify and resolve the allocation of scarce resources
amongst all necessary public and private sector domestic needs, and as
necessary, share vendor, manufacturer and distribution information, and
take any other necessary actions to maximize the timely manufacture and
distribution of Critical Healthcare Resources as determined necessary
by FEMA to respond to the Pandemic. The Chairperson or his or her
designee, at the Chairperson's sole discretion, will make decisions on
these issues in order to ensure the maximum coordination, efficiency,
and effectiveness in the use of Member's resources and will create and
execute Plans of Action as needed. All Participants will be invited to
open Committee meetings. For selected Committee meetings, attendance
may be limited to designated Participants to meet specific operational
requirements.
    The Committee Chairperson shall notify the Attorney General, the
Chairman of the FTC, Representatives, and Participants of the time,
place, and nature of each meeting and of the proposed agenda of each
meeting to be held to carry out this Agreement. Additionally, the
Chairperson shall provide for publication in the Federal Register of a
notice of the time, place, and nature of each meeting. If a meeting is
open, a Federal Register notice will be published reasonably in advance
of the meeting. The Chairman may restrict attendance at meetings only
on the grounds outlined by 44 CFR 332.5(c)(1)-(3). If a meeting is
closed, a Federal Register notice will be published within 10 days of
the meeting and will include the reasons why the meeting is closed
pursuant to 44 CFR 332.3(c)(2).
    The Chairperson shall establish the agenda for each meeting, be
responsible for adherence to the agenda, and provide for a written
summary or other record of each meeting and provide copies of
transcripts or other records to FEMA, the Attorney General, the
Chairman of the FTC, and all Participants. The Chair shall take
necessary actions to protect from public disclosure any data discussed
with or obtained from Participants which a Participant has identified
as a trade secret or as privileged and confidential in accordance with
DPA sections 708(h)(3) and 705(d), or which qualifies for withholding
under 44 CFR 332.5.
    The Administrator, in his or her sole discretion and after
consultation with the Committee Members, will create Plans of Action
and Sub-Committees for specific workstreams or functional areas
requiring collective coordination, planning, and collaboration. These
Sub-Committees shall be subject to the same rules, regulations and
requirements of the Committee and any other rules or requirements
deemed necessary by the Chairperson, the Administrator, or the Attorney
General, after consultation with the Chairman of the FTC.

VII. Application and Agreement

    The Participant identified below hereby agrees to join in the
Federal Emergency Management Agency sponsored Voluntary Agreement
entitled Committee for the Manufacture and Distribution of Healthcare
Resources Necessary to Respond to a Pandemic (Agreement) and to become
a Participant in this Committee. This Agreement will be published in
the Federal Register. This Agreement is authorized under section 708 of
the Defense Production Act of 1950, as amended. Regulations governing
this Agreement appear at 44 CFR part 332. The applicant, as
Participant, agrees to comply with the provisions of section 708 of the
Defense Production Act of 1950, as amended, the regulations at 44 CFR
part 332, and the terms of this Agreement.

VIII. Assignment

    No Participant may assign or transfer this Agreement, in whole or
in part, or any protections, rights or obligations hereunder without
the prior written consent of the Chairperson. When requested, the
Chairperson will respond to written requests for consent within 10
business days of receipt.

-----------------------------------------------------------------------
(Company name)

-----------------------------------------------------------------------
(Name of authorized representative)

-----------------------------------------------------------------------
(Signature of authorized representative)

-----------------------------------------------------------------------
(Date)

-----------------------------------------------------------------------
Administrator (Sponsor)

-----------------------------------------------------------------------
(Date)

Pete Gaynor,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2020-18005 Filed 8-14-20; 8:45 am]
BILLING CODE 9111-19-P


defined in Sec.  241.2) from discarded non-hazardous secondary
materials and that are used as fuels or ingredients in a combustion
unit, and that meet the legitimacy criteria specified in paragraph
(d)(1) of this section, with respect to fuels, and paragraph (d)(2) of
this section, with respect to ingredients.
    (c) The Administrator may grant a non-waste determination that a
non-hazardous secondary material used as a fuel is not discarded and
therefore not a solid waste when combusted. The criteria and process
for making such non-waste determinations includes the following:
    (1) Submittal of an application to the Regional Administrator for
the EPA Region where the facility combusting the non-hazardous
secondary material is located by an applicant for a determination that
the non-hazardous secondary material, even though it has been
transferred to a third party, has not been discarded and is
indistinguishable in all relevant aspects from a product fuel. The
determination will be based on whether the non-hazardous secondary
material has been discarded, is a legitimate fuel as specified in
paragraph (d)(1) of this section and on the following criteria:
    (i) Whether market participants treat the non-hazardous secondary
material as a fuel rather than a solid waste;
    (ii) Whether the chemical and physical identity of the non-
hazardous secondary material is comparable to commercial fuels;
    (iii) Whether the non-hazardous secondary material will be used in
a reasonable time frame given the state of the market;
    (iv) Whether the constituents in the non-hazardous secondary
material are released to the air, water or land from the point of
generation to the combustion of the secondary material at levels
comparable to what would otherwise be released from traditional fuels;
and
    (v) Other relevant factors.
    (2) The Regional Administrator will evaluate the application based
on the following procedures:
    (i) The applicant must apply to the Regional Administrator for the
non-waste determination addressing the relevant criteria in paragraphs
(c)(1)(i) through (v) of this section.
    (ii) The Regional Administrator will evaluate the application and
issue a draft notice tentatively granting or denying the application.
Notification of this tentative decision will be published in a
newspaper advertisement or radio broadcast in the locality where the
facility combusting the non-hazardous secondary material is located,
and be made available on EPA's Web site.
    (iii) The Regional Administrator will accept comment on the
tentative decision for at least 30 days, and may also hold a public
hearing upon request or at his discretion. The Regional Administrator
will issue a final decision after receipt of comments and after the
hearing (if any).
    (iv) If a change occurs that affects how a non-hazardous secondary
material meets the relevant criteria contained in paragraphs (c)(1)(i)
through (v) of this section after a formal non-waste determination has
been granted, the applicant must re-apply to the Regional Administrator
for a formal determination that the non-hazardous secondary material
continues to meet the relevant criteria and is not discarded and is
thus not a solid waste.
    (d) Legitimacy criteria for non-hazardous secondary materials.
    (1) Legitimacy criteria for non-hazardous secondary materials used
as fuels in combustion units include the following:
    (i) The non-hazardous secondary material must be managed as a
valuable commodity based on the following factors:
    (A) The storage of the non-hazardous secondary material prior to
use must not exceed reasonable time frames;
    (B) Where there is an analogous fuel, the non-hazardous secondary
material must be managed in a manner consistent with the analogous fuel
or otherwise be adequately contained to prevent releases to the
environment;
    (C) If there is no analogous fuel, the non-hazardous secondary
material must be adequately contained so as to prevent releases to the
environment;
    (ii) The non-hazardous secondary material must have a meaningful
heating value and be used as a fuel in a combustion unit that recovers
energy.
    (iii) The non-hazardous secondary material must contain
contaminants at levels comparable or lower to those in traditional
fuels which the combustion unit is designed to burn. Such comparison is
to be based on a direct comparison of the contaminant levels in the
non-hazardous secondary material to the traditional fuel itself.
    (2) Legitimacy criteria for non-hazardous secondary materials used
as an ingredient in combustion units include the following:
    (i) The non-hazardous secondary material used as an ingredient must
be managed as a valuable commodity based on the following factors:
    (A) The storage of the non-hazardous secondary material prior to
use must not exceed reasonable time frames;
    (B) Where there is an analogous ingredient, the non-hazardous
secondary material must be managed in a manner consistent with the
analogous ingredient or otherwise be adequately contained to prevent
releases to the environment;
    (C) If there is no analogous ingredient, the non-hazardous
secondary material must be adequately contained to prevent releases to
the environment;
    (ii) The non-hazardous secondary material used as an ingredient
must provide a useful contribution to the production or manufacturing
process. The secondary material provides a useful contribution if it
contributes a valuable ingredient to the product or intermediate or is
an effective substitute for a commercial product.
    (iii) The non-hazardous secondary material used as an ingredient
must be used to produce a valuable product or intermediate. The product
or intermediate is valuable if:
    (A) The material is sold to a third party, or
    (B) The material is used as an effective substitute for a
commercial product or as an ingredient or intermediate in an industrial
process.
    (iv) The non-hazardous secondary material used as an ingredient
must result in products that contain contaminants at levels that are
comparable or lower in concentration to those found in traditional
products that are manufactured without the non-hazardous secondary
material.

[FR Doc. 2010-10837 Filed 6-3-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 29 (Tuesday, February 12, 2019)]
[Notices]
[Page 3444]
[FR Doc No: 2019-01923]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-R05-OAR-2018-0402; FRL-9989-35--Region 5]

Notice of Issuance of Grand Casino Mille Lacs PSD and Part 71
Permits

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces that the Environmental Protection Agency
(EPA) issued Federal operating permits to the Mille Lacs Band Corporate
Commission for Grand Casino Mille Lacs. The source is in Onamia,
Minnesota on lands held in trust for the Mille Lacs Band of Ojibwe
Indians. The permits authorize a change in the testing requirements for
oxides of nitrogen (NOX) emissions from three existing
diesel-fired internal combustion engines. These engines are used for
peak load management as well as for backup power. NOx
performance test requirements are increased in frequency from once in
five years to once in three years.

FOR FURTHER INFORMATION CONTACT: Paymon Danesh, Environmental Engineer,
Air Permits Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:

I. How can I get copies of this document and other related information?

    Docket. EPA has established a docket for this action under Docket
ID No. EPA-R05-OAR-2018-0402. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Environmental Protection Agency, Region 5, Air and
Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604.
This facility is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. We recommend that you telephone
Paymon Danesh, Environmental Engineer, at<PHONE_NUMBER> before
visiting the Region 5 office.

A. What is the background information?

    Mille Lacs Corporate Commission owns and operates four diesel-fired
generators used for peak load management and backup power at the Grand
Casino Mille Lacs facility, located in Onamia, Minnesota. Mille Lacs
Corporate Commission also owns and operates a fifth diesel-fired
generator used for emergency backup power. The facility is located on
land that is held in trust for the Mille Lacs Band of Ojibwe. EPA is
responsible for issuing and enforcing any air quality permits for the
source until such time that the Mille Lacs Band of Ojibwe has EPA
approval to do so.
    On March 13, 2018, EPA received from Mille Lacs Band Corporate
Commission a significant permit modification application requesting a
revision to the facility's annual NOx compliance test requirements. The
applicant also requested that the frequency of performance tests for
the engines be increased from once in every 5 years to once in every 3
years. EPA approved the requested changes. On June 18, 2018, EPA
published a draft revised title V permit and draft revised Prevention
of Significant Deterioration (PSD) permit for public comment. The
public comment period ended on July 23, 2018. EPA did not receive any
comments on the permits. EPA issued the final permits for Grand Casino
Mille Lacs, title V permit number 2018-71MNML-001, and PSD permit
number 2018-52MNML-001, on August 2, 2018. Pursuant to 40 CFR
71.11(i)(2)(iii) and 40 CFR 124.15(b)(3), the permits became effective
immediately upon issuance since EPA did not receive any comments on the
permits.

B. Appeal of the Permits

    Pursuant to 40 CFR 71.11(l), any person who filed comments on the
draft permit may petition for administrative review subject to the
requirements of 40 CFR 71.11(l). If no one filed comments on the draft
permit and the final permit is identical to the permit as proposed, any
person may petition for administrative review of the permit only to the
extent that grounds for a petition have arisen that were not reasonably
foreseeable during the public comment period on the draft permit. For
Grand Casino Mille Lacs permit number 2018-71MNML-001, the 30-day
period during which a person may seek review under 40 CFR 71.11(l)
began on August 7, 2018.
    Pursuant to 40 CFR 124.19(a)(2), any person who filed comments on
the draft PSD permit may file a petition for review as provided in 40
CFR 124.19. Additionally, any person who failed to file comments may
petition for administrative review of any permit conditions set forth
in the final permit decision, but only to the extent that those final
permit conditions reflect changes from the proposed draft permit. For
Grand Casino Mille Lacs permit number 2018-52MNML-001, the 30-day
period during which a person may seek review under 40 CFR 124.19 began
on August 7, 2018.

C. What is the purpose of this notice?

    EPA is notifying the public of the issuance of a revised title V
operating permit and revised PSD construction permit to Mille Lacs Band
Corporate Commission for Grand Casino Mille Lacs.
    EPA issued permit numbers 2018-71MNML-001 and 2018-52MNML-001 on
August 2, 2018 to Mille Lacs Band Corporate Commission, which became
effective immediately upon issuance.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: December 21, 2018.
James O. Payne,
Acting Regional Administrator, Region 5.
[FR Doc. 2019-01923 Filed 2-11-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 57 (Thursday, March 24, 2011)]
[Notices]
[Pages 16621-16624]
[FR Doc No: 2011-6920]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

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

    Docket Numbers: EC11-51-000.
    Applicants: Capital Power Investments LLC, LS Power Equity Partners
II, L.P., LS Power Equity Partners II Pie A, L.P., LS Power Equity
Partners II Pie B, L.P., LS Power Partners II, L.P., Bridgeport Energy,
LLC.
    Description: Application of LS Power Partners II, L.P., et al. for
Order Under

section 203 of the Federal Power Act and Requests for Confidential
Treatment, Limited Waivers, and 21 Day Comment Period.
    Filed Date: 03/16/2011.
    Accession Number: 20110316-5145.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 06, 2011.

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

    Docket Numbers: EG11-70-000.
    Applicants: Lively Grove Energy Partners, LLC.
    Description: Self-Certification of EG or FC of Lively Grove Energy
Partners, LLC.
    Filed Date: 03/16/2011.
    Accession Number: 20110316-5128.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 06, 2011.

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER10-2748-002.
    Applicants: Entergy Arkansas, Inc.
    Description: Entergy Arkansas, Inc. submits tariff filing per 35:
ICT Extension Compliance Filing to be effective 11/17/2010.
    Filed Date: 03/16/2011.
    Accession Number: 20110316-5038.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 06, 2011.

    Docket Numbers: ER11-2127-002.
    Applicants: Terra-Gen Dixie Valley, LLC.
    Description: Terra-Gen Dixie Valley, LLC submits tariff filing per
35: Open Access Transmission Tariff to be effective 5/14/2011.
    Filed Date: 03/16/2011.
    Accession Number: 20110316-5000.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 06, 2011.

    Docket Numbers: ER11-2334-008.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits tariff filing per 35.17(b): ATC Notice of Succession Amendment
I to be effective 2/9/2011.
    Filed Date: 03/14/2011.
    Accession Number: 20110314-5297.
    Comment Date: 5 p.m. Eastern Time on Monday, April 04, 2011.

    Docket Numbers: ER11-2700-003.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits tariff filing per 35.17(b): 03-16-11 CMMPA Amendment to be
effective 7/28/2010.
    Filed Date: 03/16/2011.
    Accession Number: 20110316-5138.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 06, 2011.

    Docket Numbers: ER11-2825-001.
    Applicants: GBC Metals LLC.
    Description: GBC Metals LLC submits tariff filing per 35.17(b):
GBC--Metals--MBRA Amendment to be effective 4/1/2011.
    Filed Date: 03/17/2011.
    Accession Number: 20110317-5039.
    Comment Date: 5 p.m. Eastern Time on Thursday, March 31, 2011.

    Docket Numbers: ER11-2844-001.
    Applicants: Adagio Energy LLC.
    Description: Adagio Energy LLC submits tariff filing per 35:
Baseline 714 compliance to be effective 4/4/2011.
    Filed Date: 03/16/2011.
    Accession Number: 20110316-5049.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 06, 2011.

    Docket Numbers: ER11-2844-001.
    Applicants: Adagio Energy LLC.
    Description: Amendment to Application of Adagio Energy LLC.
    Filed Date: 03/16/2011.
    Accession Number: 20110316-5109.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 06, 2011.

    Docket Numbers: ER11-3100-000.
    Applicants: Wisconsin Public Service Corporation.
    Description: Wisconsin Public Service Corporation submits tariff
filing per 35.13(a)(2)(iii: Annual PEB/PBOP Filing of Wisconsin Public
Service Corporation to be effective 4/1/2011.
    Filed Date: 03/16/2011.
    Accession Number: 20110316-5029.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 06, 2011.

    Docket Numbers: ER11-3101-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits tariff filing per
35.13(a)(2)(iii: Revisions to Attachment C--Methodology to Access
Available Transfer Capability to be effective 5/16/2011.
    Filed Date: 03/16/2011.
    Accession Number: 20110316-5030.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 06, 2011.

    Docket Numbers: ER11-3102-000.
    Applicants: Alabama Power Company.
    Description: Alabama Power Company submits tariff filing per
35.13(a)(2)(iii: JEA UPS Amendment & Compliance under Docket No. ER11-
2477 to be effective 9/24/2010.
    Filed Date: 03/16/2011.
    Accession Number: 20110316-5033.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 06, 2011.

    Docket Numbers: ER11-3103-000.
    Applicants: Georgia Power Company.
    Description: Georgia Power Company submits tariff filing per
35.13(a)(2)(iii: JEA UPS Amendment & Compliance Under Docket No. ER11-
2477 to be effective 9/24/2010.
    Filed Date: 03/16/2011.
    Accession Number: 20110316-5034.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 06, 2011.

    Docket Numbers: ER11-3104-000.
    Applicants: Gulf Power Company.
    Description: Gulf Power Company submits tariff filing per
35.13(a)(2)(iii: JEA UPS Amendment & Compliance Under Docket No. ER11-
2477 to be effective 9/24/2010.
    Filed Date: 03/16/2011.
    Accession Number: 20110316-5035.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 06, 2011.

    Docket Numbers: ER11-3105-000.
    Applicants: Mississippi Power Company.
    Description: Mississippi Power Company submits tariff filing per
35.13(a)(2)(iii: JEA UPS Amendment & Compliance Under Docket No. ER11-
2477 to be effective 9/24/2010.
    Filed Date: 03/16/2011.
    Accession Number: 20110316-5036.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 06, 2011.

    Docket Numbers: ER11-3106-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, L.L.C. submits tariff filing per
35.13(a)(2)(iii: Amendments to Schedule 12-Appendix per PJM Board
Approval of Cost Allocations to be effective 4/4/2011.
    Filed Date: 03/16/2011.
    Accession Number: 20110316-5053.
    Comment Date: 5 p.m. Eastern Time on Friday, April 15, 2011.

    Docket Numbers: ER11-3107-000.
    Applicants: Alabama Power Company.
    Description: Alabama Power Company submits tariff filing per
35.13(a)(2)(iii: FPC UPS Amendment & Compliance under Docket No. ER11-
2477 to be effective 9/24/2010.
    Filed Date: 03/16/2011.
    Accession Number: 20110316-5068.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 06, 2011.

    Docket Numbers: ER11-3108-000.
    Applicants: Innovative Energy Systems, LLC.
    Description: Innovative Energy Systems, LLC submits tariff filing
per 35.13(a)(2)(iii: Innovative Energy Systems MBR Tariff to be
effective 3/17/2011.
    Filed Date: 03/16/2011.
    Accession Number: 20110316-5069.

    Comment Date: 5 p.m. Eastern Time on Wednesday, April 06, 2011.

    Docket Numbers: ER11-3109-000.
    Applicants: Seneca Energy, II LLC.
    Description: Seneca Energy, II LLC submits tariff filing per
35.13(a)(2)(iii: Seneca Energy II MBR Tariff to be effective 3/17/2011.
    Filed Date: 03/16/2011.
    Accession Number: 20110316-5070.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 06, 2011.

    Docket Numbers: ER11-3110-000.
    Applicants: Crete Energy Venture, LLC.
    Description: Crete Energy Venture, LLC submits tariff filing per
35.13(a)(2)(iii: Crete Energy Venture, LLC Reactive Service Rate
Schedule to be effective 4/1/2011.
    Filed Date: 03/16/2011.
    Accession Number: 20110316-5071.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 06, 2011.

    Docket Numbers: ER11-3111-000.
    Applicants: Orange and Rockland Utilities, Inc.
    Description: Orange and Rockland Utilities, Inc. submits tariff
filing per 35: Technical re-filing to be effective 6/10/2010.
    Filed Date: 03/16/2011.
    Accession Number: 20110316-5081.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 06, 2011.

    Docket Numbers: ER11-3112-000.
    Applicants: Garland Power Company.
    Description: Garland Power Company submits tariff filing per 35.1:
Garland Power FERC Electric Tariff to be effective 12/10/2010.
    Filed Date: 03/16/2011.
    Accession Number: 20110316-5087.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 06, 2011.

    Docket Numbers: ER11-3113-000.
    Applicants: Georgia Power Company.
    Description: Georgia Power Company submits tariff filing per
35.13(a)(2)(iii: FPC UPS Amendment & Compliance Under Docket No. ER11-
2477 to be effective 9/24/2010.
    Filed Date: 03/16/2011.
    Accession Number: 20110316-5088.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 06, 2011.

    Docket Numbers: ER11-3114-000.
    Applicants: Gulf Power Company.
    Description: Gulf Power Company submits tariff filing per
35.13(a)(2)(iii: FPC UPS Amendment & Compliance Under Docket No. ER11-
2477 to be effective 9/24/2010.
    Filed Date: 03/16/2011.
    Accession Number: 20110316-5089.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 06, 2011.

    Docket Numbers: ER11-3115-000.
    Applicants: Mississippi Power Company.
    Description: Mississippi Power Company submits tariff filing per
35.13(a)(2)(iii: FPC UPS Amendment & Compliance Under Docket No. ER11-
2477 to be effective 9/24/2010.
    Filed Date: 03/16/2011.
    Accession Number: 20110316-5090.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 06, 2011.

    Docket Numbers: ER11-3116-000.
    Applicants: PJM Interconnection, L.L.C., Delmarva Power & Light
Company.
    Description: PJM Interconnection, L.L.C. submits tariff filing per
35.13(a)(2)(iii: IMOA between Delmarva & City of Newark, Service
Agreement 2771 to be effective 5/15/2011.
    Filed Date: 03/16/2011.
    Accession Number: 20110316-5097.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 06, 2011.

    Docket Numbers: ER11-3117-000.
    Applicants: Lively Grove Energy Partners, LLC.
    Description: Lively Grove Energy Partners, LLC submits tariff
filing per 35.12: Market-Based Rate Application to be effective 5/31/
2011.
    Filed Date: 03/16/2011.
    Accession Number: 20110316-5102.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 06, 2011.

    Docket Numbers: ER11-3118-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits tariff filing per 35.13(a)(2)(iii: ITC-NEMO IA to be effective
3/17/2011.
    Filed Date: 03/16/2011.
    Accession Number: 20110316-5110.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 06, 2011.

    Docket Numbers: ER11-3120-000.
    Applicants: Genon Power Midwest, LP.
    Description: Genon Power Midwest, LP submits tariff filing per
35.13(a)(2)(iii: Amendment of Rate Schedule to Transfer Reactive Power
Revenue Requirement to be effective 6/1/2011.
    Filed Date: 03/16/2011.
    Accession Number: 20110316-5116.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 06, 2011.

    Docket Numbers: ER11-3121-000.
    Applicants: Alabama Power Company.
    Description: Alabama Power Company submits tariff filng per
35.13(a)(2)(iii: FPL UPS Amendment & Compliance Under Docket No. ER11-
2477 to be effective 9/24/2010.
    Filed Date: 03/16/2011.
    Accession Number: 20110316-5117.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 06, 2011.

    Docket Numbers: ER11-3122-000.
    Applicants: Georgia Power Company.
    Description: Georgia Power Company submits tariff filing per
35.13(a)(2)(iii: FPL UPS Amendment & Compliance Under Docket No. ER11-
2477 to be effective 9/24/2010.
    Filed Date: 03/16/2011.
    Accession Number: 20110316-5118.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 06, 2011.

    Docket Numbers: ER11-3123-000.
    Applicants: Gulf Power Company.
    Description: Gulf Power Company submits tariff filing per
35.13(a)(2)(iii: FPL UPS Amendment & Compliance Under Docket No. ER11-
2477 to be effective 9/24/2010.
    Filed Date: 03/16/2011.
    Accession Number: 20110316-5124.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 06, 2011.

    Docket Numbers: ER11-3124-000.
    Applicants: Mississippi Power Company.
    Description: Mississippi Power Company submits tariff filing per
35.13(a)(2)(iii: FPL Amendment & Compliance Under Docket No. ER11-2477
to be effective 9/24/2010.
    Filed Date: 03/16/2011.
    Accession Number: 20110316-5127.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 06, 2011.

    Docket Numbers: ER11-3125-000.
    Applicants: Old Dominion Electric Cooperative.
    Description: Old Dominion Electric Cooperative submits tariff
filing per 35.37: MBR Triennial Filing to be effective 9/13/2010.
    Filed Date: 03/16/2011.
    Accession Number: 20110316-5142.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 06, 2011.

    Docket Numbers: ER11-3129-000.
    Applicants: Tampa Electric Company.
    Description: Notice of Cancellation of Service Schedule J under
three individual bilateral interchange contracts of Tampa Electric
Company.
    Filed Date: 03/17/2011.
    Accession Number: 20110317-5047.
    Comment Date: 5 p.m. Eastern Time on Thursday, April 07, 2011.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene

again in a subdocket related to a compliance filing if you have
previously intervened in the same docket. Protests will be considered
by the Commission in determining the appropriate action to be taken,
but will not serve to make protestants parties to the proceeding.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant. In reference to filings initiating a
new proceeding, interventions or protests submitted on or before the
comment deadline need not be served on persons other than the
Applicant.
    As it relates to any qualifying facility filings, the notices of
self-certification [or self-recertification] listed above, do not
institute a proceeding regarding qualifying facility status. A notice
of self-certification [or self-recertification] simply provides
notification that the entity making the filing has determined the
facility named in the notice meets the applicable criteria to be a
qualifying facility. Intervention and/or protest do not lie in dockets
that are qualifying facility self-certifications or self-
recertifications. Any person seeking to challenge such qualifying
facility status may do so by filing a motion pursuant to 18 CFR
292.207(d)(iii). Intervention and protests may be filed in response to
notices of qualifying facility dockets other than self-certifications
and self-recertifications.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: March 17, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-6920 Filed 3-23-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: February 23, 2009 (Volume 74, Number 34)]
[Notices]
[Page 8083-8084]
[DOCID:fr23fe09-53]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER09-594-000]

Coaltrain Energy LP; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

February 12, 2009.
    This is a supplemental notice in the above-referenced proceeding of
Coaltrain Energy LP's application for market-based rate authority, with
an accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR Part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to intervene or protest must serve a
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR Part 34, of future issuances of securities and assumptions of
liability, is March 4, 2009.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St. NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC

Online service, please e-mail<EMAIL_ADDRESS>or call (866)
208-3676 (toll free). For TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-3681 Filed 2-20-09; 8:45 am]

BILLING CODE 6717-01-P


             Agenda for Emerald Kalama Chemical Delisting Petition
                            Ecology/EPA Discussion
                            Thursday, May 14, 2015
                             9:30 AM  -  11:30 AM

   1. Settle in and review agenda
   2. Delisting process overview
   3. Specific topics to discuss
         a. Tentative schedule for delisting process
         b. Petition  -  What does this look like? What are the requirements for EKC?         Any different needs for retroactive and future delisting?
         c. Waste characteristic sampling plan
                 i. Variability of waste
                 ii. Number and frequency of samples
                 iii. Parameters to sample
         d. Public notice  -  How does this work for State and Federal?
         e. Guidance on delisting  -  What guidance documents can we give EKC?
         f. Responsibilities and timing  -  Who does what and when?
         g. Final management of materials
                 i. Sludge as generated at EKC's wastewater treatment plant
                 ii. Mixed material at FMF
                 iii. Have to go to a solid waste landfill? Is land application an option?
                 iv. What is the legal mechanism for keeping EKC responsible for the mixed material at FMF (assuming delisting is successful and the mixed material is not a state-only waste)?
                 v. Clean closure of FMF impoundments and storage bunker
   4. Other items?
   5. Agenda for meeting with Ecology/EPA/EKC/FMF


[Federal Register Volume 84, Number 170 (Tuesday, September 3, 2019)]
[Notices]
[Pages 46092-46094]
[FR Doc No: 2019-18942]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0385]

Qualification of Drivers; Exemption Applications; Hearing

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

ACTION: Notice of renewal of exemptions; request for comments.

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

SUMMARY: FMCSA announces its decision to renew exemptions for three
individuals from the hearing requirement in the Federal Motor Carrier
Safety Regulations (FMCSRs) for interstate commercial motor vehicle
(CMV) drivers. The exemptions enable these hard of hearing and deaf
individuals to continue to operate CMVs in interstate commerce.

DATES: The exemptions were applicable on August 13, 2019. The
exemptions expire on August 13, 2021. Comments must be received on or
before October 3, 2019.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2015-0385 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/docket FMCSA-2015-0385. Follow the online
instructions for submitting comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
ET, Monday through Friday, except Federal Holidays.

     Fax:<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.

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

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2015-0385), indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so that FMCSA can contact you if there are questions
regarding your submission.
    To submit your comment online, go http://www.regulations.gov/docket?D=FMCSA-2015-0385. Click on the ``Comment Now!'' button and type
your comment into the text box on the following screen. Choose whether
you are submitting your comment as an individual or on behalf of a
third party and then submit.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the
comment period.

B. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to http://www.regulations.gov/docket?D=FMCSA-2015-0385 and choose the document to review. If you do
not have access to the internet, you may view the docket online by
visiting the Docket Management Facility in Room W12-140 on the ground
floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington,
DC 20590, between 9 a.m. and 5 p.m., ET, Monday through Friday, except
Federal holidays.

C. Privacy Act

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

II. Background

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-year period if it finds such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption. The statute also allows the Agency to renew exemptions at
the end of the 5-year period. FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
    The physical qualification standard for drivers regarding hearing
found in 49 CFR 391.41(b)(11) states that a person is physically
qualified to drive a CMV if that person first perceives a forced
whispered voice in the better ear at not less than 5 feet with or
without the use of a hearing aid or, if tested by use of an audiometric
device, does not have an average hearing loss in the better ear greater
than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a
hearing aid when the audiometric device is calibrated to American
National Standard (formerly ASA Standard) Z24.5--1951.
    This standard was adopted in 1970 and was revised in 1971 to allow
drivers to be qualified under this standard while wearing a hearing
aid, 35 FR 6458, 6463 (April 22, 1970) and 36 FR 12857 (July 3, 1971).
    The three individuals listed in this notice have requested renewal
of their exemptions from the hearing standard in Sec.  391.41(b)(11),
in accordance with FMCSA procedures. Accordingly, FMCSA has evaluated
these applications for renewal on their merits and decided to extend
each exemption for a renewable 2-year period.

III. Request for Comments

    Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315(b), FMCSA will take immediate steps to revoke the
exemption of a driver.

IV. Basis for Renewing Exemptions

    In accordance with 49 U.S.C. 31136(e) and 31315(b), each of the
three applicants has satisfied the renewal conditions for obtaining an
exemption from the hearing requirement. The three drivers in this
notice remain in good standing with the Agency. In addition, for
Commercial Driver's License (CDL) holders, the Commercial Driver's
License Information System and the Motor Carrier Management Information
System are searched for crash and violation data. For non-CDL holders,
the Agency reviews the driving records from the State Driver's
Licensing Agency. These factors provide an adequate basis for
predicting each driver's ability to continue to safely operate a CMV in
interstate commerce. Therefore, FMCSA concludes that extending the
exemption for each of these drivers for a period of 2 years is likely
to achieve a level of safety equal to that existing without the
exemption.
    As of August 13, 2019, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following three individuals have satisfied the
renewal conditions for obtaining an exemption from the hearing
requirement in the FMCSRs for interstate CMV drivers:

Jerrell M. McCrary (NC); David A. Pressley (TX); and Jason D.
Swearington (WA).

    The drivers were included in docket number FMCSA-2015-0385. Their
exemptions are applicable as of August 13, 2019, and will expire on
August 13, 2021.

V. Conditions and Requirements

    The exemptions are extended subject to the following conditions:
(1) Each driver must report any crashes or accidents as defined in
Sec.  390.5; and (2) report all citations and convictions for
disqualifying offenses under 49 CFR 383 and 49 CFR 391 to FMCSA; and
(3) each driver prohibited from operating a

motorcoach or bus with passengers in interstate commerce. The driver
must also have a copy of the exemption when driving, for presentation
to a duly authorized Federal, State, or local enforcement official. In
addition, the exemption does not exempt the individual from meeting the
applicable CDL testing requirements. Each exemption will be valid for 2
years unless rescinded earlier by FMCSA. The exemption will be
rescinded if: (1) The person fails to comply with the terms and
conditions of the exemption; (2) the exemption has resulted in a lower
level of safety than was maintained before it was granted; or (3)
continuation of the exemption would not be consistent with the goals
and objectives of 49 U.S.C. 31136(e) and 31315(b).

VI. Preemption

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

VII. Conclusion

    Based upon its evaluation of the three exemption applications,
FMCSA renews the exemptions of the aforementioned drivers from the
hearing requirement in Sec.  391.41(b)(11). In accordance with 49
U.S.C. 31136(e) and 31315(b), each exemption will be valid for 2 years
unless revoked earlier by FMCSA.

    Issued on: August 21, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-18942 Filed 8-30-19; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register: October 28, 2010 (Volume 75, Number 208)]
[Rules and Regulations]
[Page 66302]
[DOCID:fr28oc10-5]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2010-0607; Airspace Docket No. 10-ACE-7]

Amendment of Class E Airspace; Boonville, MO

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action amends Class E airspace for Boonville, MO.
Decommissioning of the Viertel non-directional beacon (NDB) at Jesse
Viertel Memorial Airport, Boonville, MO, has made this action necessary
to enhance the safety and management of Instrument Flight Rule (IFR)
operations at the airport.

DATES: Effective date 0901 UTC, January 13, 2011. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR Part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

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

SUPPLEMENTARY INFORMATION:

History

    On July 27, 2010, the FAA published in the Federal Register a
notice of proposed rulemaking to amend Class E airspace for Boonville,
MO, reconfiguring controlled airspace at Jesse Viertel Memorial Airport
(75 FR 43887) Docket No. FAA-2010-0607. Interested parties were invited
to participate in this rulemaking effort by submitting written comments
on the proposal to the FAA. No comments were received. Class E airspace
designations are published in paragraph 6005 of FAA Order 7400.9U dated
August 18, 2010, and effective September 15, 2010, which is
incorporated by reference in 14 CFR 71.1. The Class E airspace
designations listed in this document will be published subsequently in
the Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
Part 71 by amending Class E airspace extending upward from 700 feet
above the surface for the new standard instrument approach procedures
at Jesse Viertel Memorial Airport, Boonville, MO. Decommissioning of
the Viertel NDB and cancellation of the NDB approach at Jesse Viertel
Memorial Airport has made it necessary to reconfigure the airspace for
the safety and management of IFR operations at the airport.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation: (1) Is not a ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, Section 106, describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends controlled airspace at Jesse Viertel Memorial Airport,
Boonville, MO.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

Adoption of the Amendment

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

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

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

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

Sec.  71.1  [Amended]

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

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

* * * * *

ACE MO E5 Boonville, MO [Amended]

Jesse Viertel Memorial Airport, MO
    (Lat. 38[deg]56'48'' N., long. 92[deg]40'58'' W.)
Hallsville VORTAC
    (Lat. 39[deg]06'49'' N., long. 92[deg]07'42'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.9-mile radius of Jesse Viertel Memorial Airport, and
within 2.4 miles each side of the Hallsville VORTAC 249[deg] radial
extending from the 6.9-mile radius of the airport to 19.4 miles
southwest of the VORTAC.

    Issued in Fort Worth, Texas, on October 19, 2010.
Anthony D. Roetzel,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2010-27259 Filed 10-27-10; 8:45 am]
BILLING CODE 4910-13-P