UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on March 4, 2004

      NOTICE OF ACTION TAKEN -- DOCKET OST-2004-17112

________________________________________________________________________
____________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Application of  Atlantic Southeast Airlines, Inc.              filed
2/11/04  for:

XX   Exemption under 49 U.S.C. 40109 to provide the following service:

Scheduled foreign air transportation of persons, property, and mail
between a point or points in the United States and a point or points in
the Bahamas; and authority to integrate this authority with its existing
certificate and exemption authority. Atlantic Southeast Airlines intends
to operate this service pursuant to a code-share arrangement with Delta
Air Lines.

Applicant rep:   Robert E. Cohn<PHONE_NUMBER>   DOT Analyst:  Gerald
Caolo<PHONE_NUMBER>

D I S P O S I T I O N

XX  Granted (subject to conditions, see below)

The above action was effective when taken:  March 4, 2004, through
March 4, 2006

Action taken by:   Paul L. Gretch, Director

		    Office of International Aviation

XX  The authority granted is consistent with the 1946 Air Transport
Agreement between the United States and the United Kingdom, as amended,
to which the Government of the Bahamas acceded upon its independence and
the overall state of aviation relations between the two countries.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:   XX Holder’s
certificates of public convenience and necessity

	    XX  Standard exemption conditions (attached)

________________________________________________________________________
___________

Remarks:  Atlantic Southeast Airlines has previously been found to be a
citizen of the

United States and fit, willing, and able to provide scheduled foreign
air transportation of persons, property, and mail as a certificated air
carrier.  The foreign air transportation services authorized here are
not markedly different in terms of aircraft size or stage length from
the carrier's current operations under its existing authority.  We,
therefore, found that Atlantic Southeast Airlines is qualified to
provide the proposed air transportation for the period covered by the
exemption.

Conditions:  The route integration authority granted is subject to the
condition that any service provided

under this exemption shall be consistent with all applicable agreements
between the United States and the foreign countries involved.
Furthermore, (a) nothing in the award of the route integration authority

requested should be construed as conferring upon Atlantic Southeast
Airlines rights (including fifth-freedom intermediate and/or beyond
rights) to serve markets where U.S. carrier entry is limited unless
Atlantic Southeast Airlines notifies the Department of its intent to
serve such a market and unless and until the Department has completed
any necessary carrier selection procedures to determine which carrier(s)
should be authorized to exercise such rights; and (b) should there be a
request by any carrier to use the limited-entry route rights that are
included in Atlantic Southeast Airlines’ authority by virtue of the
route integration exemption granted here, but that are not then being
used by Atlantic Southeast Airlines, the holding of such authority by
route integration will not be considered as providing any preference for
Atlantic Southeast Airlines in a competitive carrier selection
proceeding to determine which carrier(s) should be entitled to use the
authority at issue.

The code-share operations conducted under this authorization are subject
to the following conditions: (a) The code-sharing operations conducted
under this authority must comply with 14 CFR 257 and with any amendment
to the Department’s regulations concerning code-share arrangements
that may be adopted.  Notwithstanding any provisions in the contract
between the carriers, our approval here is expressly conditioned upon
the requirements that the subject foreign air transportation be sold in
the name of the carrier holding out such service in computer reservation
systems and elsewhere; that the carrier selling such transportation
(i.e., the carrier shown on the ticket) accept responsibility for the
entirety of the code-share journey for all obligations established in
its contract of carriage with the passenger; and that the passenger
liability of the operating carrier be unaffected; and  (b) the authority
granted here is specifically conditioned so that neither Atlantic
Southeast Airlines nor Delta Air Lines shall give any force or effect to
any contractual provisions between themselves that are contrary to these
conditions.

________________________________________________________________________
______________

On the basis of data officially noticeable under Rule 24(g) of the
Department’s regulations, we found the applicant qualified to provide
the services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; and (2) grant of the authority was consistent with the public
interest; and (3) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted, we denied all requests in the referenced
Docket.  We may amend, modify, or revoke the authority granted in this
Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

(5)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR 203, concerning
waiver of Warsaw Convention liability limits and defenses;

(6)  Comply with all applicable requirements of the Federal Aviation
Administration and with all applicable U.S. Government requirements
concerning security.  To assure compliance with all applicable U.S.
Government requirements concerning security, the holder shall, before
commencing any new service (including charter flights) to or from a
foreign airport, contact its Principal Security Inspector (PSI) to
advise the PSI of its plans and to find out whether the Transportation
Security Administration has determined that security is adequate to
allow such airport(s) to be served; and

(7)  Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department of Transportation, with all applicable orders and regulations
of other U.S. agencies and courts, and with all applicable laws of the
United States.

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

08/2003

 Atlantic Southeast Airlines, a subsidiary of Delta, is currently
serving the Atlanta- Freeport market with commuter aircraft but it now
plans to serve this market with both small and regional aircraft.

 PAGE

 PAGE   3


[Federal Register Volume 77, Number 101 (Thursday, May 24, 2012)]
[Notices]
[Pages 31004-31005]
[FR Doc No: 2012-12607]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Commission Staff Attendance

    The Federal Energy Regulatory Commission hereby gives notice that
members of the Commission's staff may attend the following meetings
related to the transmission planning activities of the Midwest
Independent Transmission System Operator, Inc. (MISO):
    Planning Advisory Committee--May 30, 2012.
    RECB Task Force--May 31, 2012.
    Order 1000 Right of First Refusal (ROFR) Task Team--June 1, 2012.
The above-referenced meeting will be held at:
    MISO Headquarters, 720 City Center Drive, Carmel, IN 46032.
The above-referenced meeting is open to the public.
    Further information may be found at www.misoenergy.org.
    The discussions at the meeting described above may address matters
at issue in the following proceedings:

Docket No. ER12-1577-000, Midwest Independent Transmission System
Operator, Inc.
Docket No. ER12-715, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER12-480, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER12-309, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER11-1844, Midwest Independent Transmission System Operator,
Inc.
Docket No. EL11-56, FirstEnergy Service Company.
Docket No. EL11-30, E.ON Climate & Renewables North America, LLC v.
Midwest Independent Transmission System Operator, Inc.
Docket No. EL12-24-000, Pioneer Transmission LLC v. Midwest Independent
Transmission System Operator, Inc.
Docket No. EL12-28-000, Xcel Energy Services Inc. v. American
Transmission Company, LLC.
Docket No. OA08-53, Midwest Independent Transmission System Operator,
Inc.
    For more information, contact Christopher Miller, Office of Energy
Markets Regulation, Federal Energy Regulatory Commission at (317) 249-
5936 or<EMAIL_ADDRESS>

    Dated: May 17, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-12607 Filed 5-23-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 110 (Wednesday, June 8, 2022)]
[Rules and Regulations]
[Pages 34781-34784]
[FR Doc No: 2022-12319]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0330]
RIN 1625-AA00

Safety Zone; Potomac River, Between Charles County, MD and King
George County, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule; effective date extension and request for
comment.

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

SUMMARY: The Coast Guard is is extending the duration of a temporary
safety zone on certain waters of the Potomac River. This action is
necessary to provide for the safety of persons, and the marine
environment from the potential safety hazards associated with
construction operations at the new Governor Harry W. Nice/Senator
Thomas ``Mac'' Middleton Memorial (US-301) Bridge, through July 1,
2022. This rule prohibits persons and vessels from being in the safety
zone unless authorized by the Captain of the Port, Maryland-National
Capital Region or a designated representative.

DATES: The effective period of 33 CFR 165.T05-0330, published at 87 FR
28776 on May 11, 2022, which was set to expire at 8 p.m. on June 18,
2022, is extended through 8 p.m. on July 1, 2022.

    Comments and related material must be received on or before June
21, 2022.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0330 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Ron Houck, Sector Maryland-NCR, Waterways Management
Division, U.S. Coast Guard: telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
Sec.  Section
TFR Temporary Final Rule
U.S.C. United States Code

II. Background Information and Regulatory History

    On May 11, 2022, the Coast Guard issued a final rule establishing a
temporary safety zone on certain navigable waters of the Potomac River
to protect persons and vessels during critical operations requiring a
large crane within the federal navigation channel to lift and set 250-
ton pier protection fender ring precast segments adjacent to the
federal navigation channel at the new Governor Harry W. Nice/Senator
Thomas ``Mac'' Middleton Memorial (US-301) Bridge (87 FR 28776). The
original rule runs through 8 p.m. on June 18, 2022. However, additional
time is needed to conduct the critical heavy lift operations, and, as a
result, the Coast Guard needs to extend the safety zone through 8 p.m.
on July 1, 2022. The Coast Guard is issuing this temporary rule without
prior notice and opportunity to comment pursuant to authority under
section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C.
553(b)). This provision authorizes an agency to issue a rule without
prior notice and opportunity to comment when the agency for good cause
finds that those procedures are ``impracticable, unnecessary, or
contrary to the public interest.'' Under 5 U.S.C. 553(b)(B), the Coast
Guard finds that good cause exists for not publishing a notice of
proposed rulemaking (NPRM) with respect to this rule because doing so
would be impracticable and contrary to the public interest. The Coast
Guard was unable to publish an NPRM and hold a reasonable comment
period for this rulemaking due to the emergent nature of the continuing
critical bridge construction operations and required publication of
this extension. Immediate action is needed to continue to protect
persons and vessels from the hazards associated with carrying out large
crane heavy lifts at the new Governor Harry W. Nice/Senator Thomas
``Mac'' Middleton Memorial (US-301) Bridge that must occur within the
federal navigation channel. It is impracticable and contrary to the
public interest to publish an NPRM, because the extension needs to be
in place by June 18, 2022. However, the Coast Guard is providing an
opportunity to comment while the rule is in effect and may amend the
rule after it becomes effective, if necessary.
    We are issuing this rule under 5 U.S.C. 553(d)(3), and in
accordance with 5 U.S.C. 553(d)(3), the Coast Guard finds that good
cause exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable and contrary to the public interest
because immediate action is needed to continue to respond to the
potential safety hazards associated with construction operations at the
new Governor Harry W. Nice/Senator Thomas ``Mac'' Middleton Memorial
(US-301) Bridge to be conducted within the federal navigation channel.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The COTP has determined there are
potential hazards associated with critical bridge construction
operations. The work is a safety concern for anyone within the federal
navigation channel at the new Governor Harry W. Nice/Senator Thomas
``Mac'' Middleton Memorial (US-301) Bridge construction site. This rule
is needed to protect personnel, vessels, and the marine environment in
the navigable waters within the safety zone while the bridge is being
constructed.

IV. Discussion of the Rule

    This rule extends the effective dates of an established safety
zone, originally effective May 16, 2022 through 8 p.m. on June 18,
2022, through 8 p.m. on July 1, 2022. This extension makes no other
changes to the original rule other than the end effective date. The
safety zone includes all navigable waters of the Potomac River
encompassed by a line connecting the following points beginning at
38[deg]21'50.96'' N, 076[deg]59'22.04'' W, thence south to
38[deg]21'43.08'' N, 076[deg]59'20.55'' W, thence west to
38[deg]21'41.00'' N, 076[deg]59'34.90'' W, thence north to
38[deg]21'48.90'' N, 076[deg]59'36.80'' W, and east back to the
beginning point located between Charles County, MD and King George
County, VA. The zone is approximately 450 yards in width and 270 yards
in length. The extended duration of the zone is intended to protect
personnel and the marine environment in these navigable waters while
pier protection fender ring precast segments are lifted and set at the
new Governor Harry W. Nice/Senator Thomas ``Mac'' Middleton Memorial
(US-301) Bridge. Except for marine equipment and vessels operated by
Skanska-Corman-McLean, Joint Venture, or its subcontractors, no vessel
or person will be permitted to enter the safety zone without obtaining
permission from the COTP Maryland-National Capital Region or a
designated representative.
    The COTP will notify the public that the safety zone will be
enforced by all appropriate means to the affected segments of the
public, as practicable, in accordance with 33 CFR 165.7(a). Such means
of notification will also include, but are not limited to, Broadcast
Notice to Mariners. Vessels or persons violating this rule are subject
to the penalties set forth in 46 U.S.C. 70036 (previously codified in
33 U.S.C. 1232) and 46 U.S.C. 70052 (previously codified in 50 U.S.C.
192).

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action'' under Executive Order 12866. Accordingly, this rule
has not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on size of the safety
zone. The temporary safety zone is approximately 450 yards in width and
270 yards in length. This safety zone will impact a small designated
area of the Potomac River for 13 days, but we anticipate that there
will be no vessels that are unable to conduct business. Excursion
vessels and commercial fishing vessels are not

impacted by this rulemaking. Excursion vessels do not operate in this
area, and commercial fishing vessels are not impacted because of their
draft. Some towing vessels may be impacted, but bridge project
personnel have been conducting outreach throughout the project in order
to coordinate with those vessels. Vessel traffic, including
recreational vessels, not required to use the navigation channel will
be able to safely transit around the safety zone. Such vessels may be
able to transit to the east or the west of the federal navigation
channel, as similar vertical clearance and water depth exist under the
next bridge span to the east and west. Moreover, the Coast Guard will
issue Local Notices to Mariners and a Broadcast Notice to Mariners via
VHF-FM marine channel 16 about the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the
temporary safety zone may be small entities, for the reasons stated in
section V.A above, this rule will not have a significant economic
impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
temporary safety zone lasting 13 total days that will prohibit entry
within a portion of the Potomac River. It is categorically excluded
from further review under paragraph L60(a) of Appendix A, Table 1 of
DHS Instruction manual 023-01-001-01, Rev. 1. A Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble.

G. Protest Activities

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

VI. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2022-0330 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
    Viewing material in docket. To view documents mentioned in this
rule as being available in the docket, find the docket as described in
the previous paragraph, and then select ``Supporting & Related
Material'' in the Document Type column. Public comments will also be
placed in our online docket and can be viewed by following instructions
on the https://www.regulations.gov Frequently Asked Questions web page.
We review all comments received, but

we will only post comments that address the topic of the rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive.
    Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.

0
2. In Sec.  165.T05-0330, revise paragraph (e) to read as follows:

Sec.  165.T05-0330  Safety Zone; Potomac River, Between Charles County,
MD and King George County, VA.

* * * * *
    (e) Enforcement period. The section will be enforced from 7 a.m. on
May 16, 2022, through 8 p.m. on July 1, 2022.

    Dated: June 3, 2022.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Sector Maryland-National
Capital Region.
[FR Doc. 2022-12319 Filed 6-7-22; 8:45 am]
BILLING CODE 9110-04-P


                              Calendar Year 2011
      Field Federal Safety & Health Council (FFSHC) Award Recipients

Category I:  	FFSHCs serving an area with a federal employee population
	greater than 24,000

            	Superior Performance  -  Northern New Jersey
            	Meritorious Achievement  -  Southern New Jersey
            	Meritorious Achievement  -  Dallas/Fort Worth
            	Notable Recognition  -  Greater New York
            	Notable Recognition  -  San Francisco Bay Area

Category II:  	FFSHCs serving an area with a federal employee population
	between 12,000 to 24,000

            	Superior Performance  -  Western New York
            	Meritorious Achievement  -  Greater St. Louis
            	Notable Recognition  -  Minneapolis

Category III:		FFSHCs serving an area with a federal employee population of
		less than 12,000

            	Superior Performance  -  Hudson Valley
            	Meritorious Achievement  -  Greater Omaha
            	Notable Recognition  -  Duluth/Superior


[Federal Register: November 25, 2009 (Volume 74, Number 226)]
[Proposed Rules]
[Page 61600-61604]
[DOCID:fr25no09-38]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 86 and 600

[EPA-HQ-OAR-2005-0169; FRL-8982-2]
RIN 2060-A036

Fuel Economy Regulations for Automobiles: Technical Amendments
and Corrections

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to amend and correct portions of its existing
fuel economy regulations. There are three reasons for this action.
First, some minor corrections and amendments are needed to EPA's
December 27, 2006 final rule for fuel economy labeling requirements for
cars and light trucks. Second, the Department of Transportation
finalized new average fuel economy standards for 2008-2011 light trucks
on April 6, 2006. Third, on March 30, 2009, NHTSA revised CAFE
requirements for 2011 trucks and finalized new average fuel economy
(CAFE) standards for 2011 passenger automobiles. In order for DOT to
administer these new standards, EPA must make some conforming changes
to its regulations. In addition, some minor conforming changes to EPA's
regulations are needed for two other separate statutory and regulatory
actions. None of the above amendments and corrections would have any
direct impact on human health and the environment, but they would allow
for the more effective administration of existing regulations. In the
``Rules and Regulations'' section of this Federal Register, we
published the above actions as a direct final rule without a prior
proposed rule. If we receive no adverse comment, we will not take
further action on this proposed rule. If we receive adverse comment, we
will withdraw the portions of the final rule receiving such comment and
those portions will not take effect. We will address all public
comments in a subsequent final rule based on this proposed rule. We
will not institute a second comment period on this action. Any parties
interested in commenting must do so at this time.

DATES: Written comments must be received by December 28, 2009.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2005-0169, by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Environmental Protection Agency, EPA Docket Center
(EPA/DC), Air and Radiation Docket, Mail Code 6102T, 1200 Pennsylvania
Avenue, NW., Washington, DC 20460, Attention Docket ID No. EPA-HQ-OAR-
2005-0169. In addition, please mail a copy of your comments on the
information collection provisions to the Office of Information and
Regulatory Affairs, Office of Management and Budget (OMB), Attn: Desk
Officer for EPA, 725 17th St., NW., Washington, DC 20503.''
     Hand Delivery: Docket Center, (EPA/DC) EPA West, Room
B102, 1301 Constitution Ave., NW., Washington, DC, Attention Docket ID
No. OAR-2005-0169. Such deliveries are only accepted during the
Docket's normal hours of operation, and special arrangements should be
made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2005-0169. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://
www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/
epahome/dockets.htm. For additional instructions on submitting
comments, go to Section VII of the SUPPLEMENTARY INFORMATION section of
this document.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the EPA Docket Center, EPA/
DC, EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC.
This Docket Facility is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The EPA Docket Center
telephone number is<PHONE_NUMBER>. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number

for the Public Reading Room is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Christine Mikolajczyk, Office of
Transportation and Air Quality, Compliance and Innovative Strategies
Division, Environmental Protection Agency, 2000 Traverwood Drive, Ann
Arbor, MI 48105; telephone number:<PHONE_NUMBER>; fax number: (734)
214-4053; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Why Is EPA Issuing This Proposed Rule?

    This document proposes to take action on minor amendments and
corrections to EPA's existing emission and fuel economy regulations,
located at 40 CFR Part 86 and Part 600. This proposal clarifies that
special test procedures, calculation methods and label formats may be
used for fuel economy labels and CAFE calculations of advanced
technology vehicles. Advanced technology vehicles include, but are not
limited to electric vehicles, fuel cell vehicles, plug-in hybrid
vehicles and vehicles equipped with hydrogen-fueled internal combustion
engines. This proposal also includes technical amendments to the fuel
economy label regulations, including changes to the minivan definition,
van definition, interior volume measurements of passenger vehicles, and
special purpose class of vehicles. Today's action also proposes to
correct some typographical errors and make other minor modifications to
ensure accurate interpretation of the regulations. The changes to the
EPA CAFE regulations are being proposed to conform to the NHTSA
regulations, and include adding new reporting provisions that would
enable EPA to provide NHTSA with the data it needs to determine
compliance with the 2008-2011 CAFE standards for passenger automobiles
and trucks.
    In addition, two conforming changes are being proposed to align the
EPA CAFE regulations with a 2007 Energy Independence and Security Act
(EISA) amendment extending the alternative fuel vehicle CAFE credits to
2019, and to align the EPA CAFE regulations with a previous NHTSA
rulemaking which eliminated the requirement to report separate CAFE
values for domestic and imported trucks.
    We have published a direct final rule which amends the Fuel Economy
and Emission Regulation requirements in the ``Rules and Regulations''
section of this Federal Register because we view this as a
noncontroversial action and anticipate no adverse comment. We have
explained our reasons for this action in the preamble to the direct
final rule. This proposal incorporates by reference all of the
reasoning, explanation, and regulatory text for this proposal. Please
refer to the direct final rule that is located in the ``Rules and
Regulations'' section of this Federal Register publication. The direct
final rule will be effective on January 25, 2010 unless we receive
adverse comment by December 28, 2009.
    If we receive no adverse comment, we will not take further action
on this proposed rule. If we receive adverse comment, we will withdraw
the direct final rule and it will not take effect. We would address all
public comments in any subsequent final rule based on this proposed
rule. If we receive adverse comment on a distinct provision of this
rulemaking, we will publish a withdrawal in the Federal Register
indicating which provisions we are withdrawing. The provisions that are
not withdrawn will become effective on the date set out above,
notwithstanding adverse comment on any other provision.
    We do not intend to institute a second comment period on this
action. Any parties interested in commenting must do so at this time.
For further information, please see the information provided in the
ADDRESSES section of this document.

II. Does This Action Apply to Me?

    This action applies to manufacturers of new passenger cars and
light trucks, including medium-duty passenger vehicles.\1\ Regulated
categories and entities include:
---------------------------------------------------------------------------

    \1\ ``Passenger car,'' ``light truck,'' and ``medium-duty
passenger vehicle'' are defined in 40 CFR 600.002-08. Generally, the
term ``light truck'' means a pick-up truck, sport-utility vehicle,
or minivan of up to 8,500 lbs gross vehicle weight rating, and
``medium-duty passenger vehicle'' means a sport-utility vehicle or
passenger van from 8,500 to 10,000 lbs gross vehicle weight rating.
Medium-duty passenger vehicles do not include pick-up trucks.

----------------------------------------------------------------------------------------------------------------
                                                                               Examples of potentially regulated
                 Category                            NAICS codes \a\                        entities
----------------------------------------------------------------------------------------------------------------
Industry.................................  336111, 336112....................  Motor vehicle manufacturers.
Industry.................................  811112, 811198, 541514............  Commercial Importers of Vehicles
                                                                                and Vehicle Components.
----------------------------------------------------------------------------------------------------------------
\a\ North American Industry Classification System (NAICS).

III. What Should I Consider as I Prepare My Comments for EPA?

A. Submitting CBI

    Do not submit this information to EPA through http://
www.regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.

B. Tips for Preparing Your Comments

    When submitting comments, remember to:
     Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
     Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
     Describe any assumptions and provide any technical
information and/or data that you used.
     If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
     Provide specific examples to illustrate your concerns, and
suggest alternatives.
     Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.

     Make sure to submit your comments by the comment period
deadline identified.

C. Docket Copying Costs

    You may be charged a reasonable fee for photocopying docket
materials, as provided in 40 CFR Part 2.

IV. What Are the Administrative Requirements of This Proposed Rule?

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order (EO) 12866 (58 FR 51735, October 4, 1993),
this action is a ``significant regulatory action'' because it has the
potential to raise novel legal or policy issues. Accordingly, EPA
submitted this action to the Office of Management and Budget (OMB) for
review under EO 12866 and any changes made in response to OMB
recommendations have been documented in the docket for this action.

B. Paperwork Reduction Act

    This action does not impose any substantive new information
collection burden under the provisions of the Paperwork Reduction Act,
44 U.S.C. 3501 et seq. for the changes to the minivan definition, the
requirements to include medium-duty passenger vehicles (MDPVs) in CAFE
calculations, the additional CAFE footprint reporting requirements, or
any other certification, fuel economy labeling and CAFE changes
contained in this direct final rule. Burden is defined at 5 CFR
1320.3(b). Note that the data submittal requirements to include MDPVs
in 2011 and later CAFE data and to report footprint information for
reformed CAFE have already been established by NHTSA in its final rules
for new passenger automobile and truck CAFE standards,\2\ and the
accompanying NHTSA ICR (OMB 2127-00019).
---------------------------------------------------------------------------

    \2\ See 49 CFR 537.7(c)(4), as amended by 71 FR 17678, April 6,
2006 and 74 FR 14196, March 30, 2009.
---------------------------------------------------------------------------

    The revision to the minivan definition in today's action has a de
minimis impact; however, if anything, the revision is expected to
reduce manufacturers' information collection burden. For example,
manufacturers were previously required to calculate and report to EPA
the total interior volume of each style of minivan and full-sized van
to determine whether the van was at or below 180 cubic feet in interior
volume. Today's action eliminates the 180 cubic feet interior volume
specification from the minivan definition, thus slightly reducing
manufacturers' reporting and recordkeeping burden.
    Regarding the MDPV requirements for 2011 and later CAFE, the
following statement was made in EPA's Information Collection Request
(ICR) for the 2008 Fuel Economy Labeling rule (71 FR 77872, December
27, 2006):

    Also beginning with model year 2011, medium-duty passenger
vehicles (MDPVs) will be included in the labeling program. MDPVs
essentially include SUVs and passenger vans that are between 8,500
and 10,000 lbs. ``GVWR'' (gross vehicle weight ratings). This change
is congruent with the National Highway Traffic Safety
Administration's (NHTSA's) expansion of the Corporate Average Fuel
Economy (CAFE) program to include MDPVs beginning the same model
year (71 FR 17565; April 6, 2006). Because more vehicle testing is
required under CAFE than under labeling, the impacts of increased
testing for MDPVs will be in the ICR for the rule to implement EPA's
role in the CAFE program, which will be finalized in a separate
action, in time for model year 2011, or in the appropriate fuel
economy program information collection renewal.\3\ (Emphasis added.)
---------------------------------------------------------------------------

    \3\ See 71 FR 77872, December 27, 2006.

    Thus, in the 2008 FE Label rulemaking EPA indicated we would either
include the MDPV information collection requirements in an ICR for
today's rulemaking or include it in the EPA's emission and fuel economy
ICR renewal request to OMB (which occurs every three years). EPA
elected the latter approach, and has included the additional MDPV
testing, reporting and recordkeeping burden for fuel economy labeling
and CAFE purposes in ICR 0783.54 (OMB 2060-0320), the renewal of the
Motor Vehicle Emissions and Fuel Economy Compliance ICR which was
submitted to OMB for review on October 23, 2008. Since EPA MDPV ICR
requirements have been previously submitted to OMB and because they
were also included in NHTSA's ICR (OMB 2127-00019), they are not
included in today's action.
    Regarding footprint information, the reporting requirements for
footprint information and related data were not specifically addressed
in the ICR for EPA's Fuel Economy Labeling Rule (ICR 0783.51, OMB 2060-
0104) because any change in burden was considered to be negligible and
within the margin of error for the information technology estimate in
that ICR; and because the information collection burden was partially
included in the NHTSA ICR (OMB 2127-00019). The information collection
burden for footprint information is currently included in EPA's ICR
0783.54 (OMB 2060-0320), the renewal of the Motor Vehicle Emissions and
Fuel Economy Compliance ICR, which was submitted to OMB for review on
October 23, 2008.
    Additionally, the footprint information reported to EPA for final
CAFE reports (wheelbase, track width and sales information) is
essentially the same information which will have been previously
reported to NHTSA when manufacturers submitted their preliminary CAFE
(PCAFE) and mid-model year CAFE reports to NHTSA. [Note that
manufacturers are not required to submit PCAFE or mid-model year
reports to EPA.] Reporting footprint information to EPA with final
sales data is expected to be a minimal burden because manufacturers
will have already established company business practices to track
footprint and sales information for NHTSA and because manufacturers
have been reporting CAFE final sales information to EPA since 1978.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of this proposed rule on
small entities, a small entity is defined as: (1) A small business as
defined by the Small Business Administration (SBA) regulations at 13
CFR 121.201; (2) a small governmental jurisdiction that is a government
of a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
    After considering the economic impacts of this action on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. Based on
Small Business Administration size standards, small businesses in the
automobile manufacturing industry are defined as those having less than
1000 employees per firm. Additionally, they are identified using the
North America Industrial Classification System (NAICS) by NAICS code
336111. Out of a total of approximately 80 automotive manufacturers
subject to this action,

EPA estimates that approximately 10 of these could be classified as
small entities based on SBA size standards. No new burden for fuel
economy labeling is being imposed by this action. The new reporting
requirement for the reform CAFE footprint data has already been
established by NHTSA in its final rule for new truck CAFE standards,\4\
and thus this action imposes no additional burden.
---------------------------------------------------------------------------

    \4\ See 49 CFR 537.7(c)(4), as amended by 71 FR 17678, Apr. 6,
2006.
---------------------------------------------------------------------------

D. Unfunded Mandates Reform Act

    This rule does not contain a Federal mandate that may result in
expenditures of $100 million or more for State, local, and tribal
governments, in the aggregate, or the private sector in any one year.
This action simply makes minor amendments, clarifications, and
corrections that will allow for the more effective administration of
existing regulations. Thus, this rule is not subject to the
requirements of sections 202 or 205 of the Unfunded Mandates Reform
Act. This rule is also not subject to the requirements of section 203
of the Unfunded Mandates Reform Act because it contains no regulatory
requirements that might significantly or uniquely affect small
governments. This action imposes no enforceable duty on any State,
local or tribal governments.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
    This proposed rule does not have federalism implications. It will
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. Thus, Executive Order 13132 does
not apply to this rule.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). The impacts of
this proposed rule are limited to the regulated entities: the
automotive manufacturing industry. Thus, Executive Order 13175 does not
apply to this action. EPA specifically solicits additional comment on
this proposed action from tribal officials.

G. EO 13045 ``Protection of Children From Environmental Health Risks
and Safety Risks''

    Executive Order 13045: ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies
to any rule that: (1) Is determined to be ``economically significant''
as defined under Executive Order 12866, and (2) concerns an
environmental health or safety risk that EPA has reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, the Agency must evaluate the environmental health
or safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
    EPA interprets EO 13045 (62 FR 19885, April 23, 1997) as applying
only to those regulatory actions that concern health or safety risks,
such that the analysis required under section 5-501 of the EO has the
potential to influence the regulation. This action is not subject to EO
13045 because it does not establish an environmental standard intended
to mitigate health or safety risks.

H. Executive Order 13211 (Energy Effects)

    This rule is not a ``significant energy action'' as defined in
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001) because it is not likely to have a significant
adverse effect on the supply, distribution, or use of energy. Further,
we have concluded that this rule is not likely to have any adverse
energy effects.

I. National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. NTTAA directs EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards.
    This action does not involve technical standards. Therefore, EPA
did not consider the use of any voluntary consensus standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order (EO) 12898 (59 FR 7629, Feb. 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    EPA has determined that this proposed rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. This action simply makes minor amendments, clarifications,
and corrections that will allow for the more effective administration
of existing regulations without impacting the current fuel economy and
emission control measures.

V. Statutory Provisions and Legal Authority

    Statutory authority for the fuel economy labeling program and for
corporate average fuel economy can be found in the Clean Air Act, 42
U.S.C. 7401-7671q, 49 U.S.C. 32901-32919, and Public Law 109-58.
Statutory authority for vehicle emission control program is found in
the Clean Air Act, as amended 42 U.S.C. 7401 et seq., in particular
sections 202 and 206 of the Act, 42 U.S.C. 7521 and 7525.

List of Subjects

40 CFR Part 86

    Administrative practice and procedure, Confidential business

information, Incorporation by reference, Labeling, Motor vehicle
pollution, Reporting and recordkeeping requirements.

40 CFR Part 600

    Administrative practice and procedure, Electric power, Fuel
economy, Incorporation by reference, Labeling, Reporting and
recordkeeping.

    Dated: November 9, 2009.
Lisa P. Jackson,
Administrator.
[FR Doc. E9-27943 Filed 11-24-09; 8:45 am]

BILLING CODE 6560-50-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on December 11, 2003

NOTICE OF ACTION TAKEN -- DOCKET OST-2003-16582

________________________________________________________________________
__________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant:  Aero Continente Dominicana S.A.		Date Filed:  November 28,
2003

Relief requested: Exemption from 49 U.S.C. § 41301 to engage in
scheduled foreign air transportation of persons, property and mail
between Santo Domingo and Santiago, the Dominican Republic, on the one
hand, and Miami, Florida, New York, New York, and San Juan, Puerto Rico,
on the other hand, via intermediate points; and authority to conduct
charters in accordance with 14 CFR Part 212 of the Department’s rules.
 The applicant would conduct these services only by wet leasing aircraft
from a duly authorized and properly supervised U.S. or foreign air
carrier.

Date and citation of last action:  Aero Continente Dominicana previously
held the authority described above in two dockets; those authorities
expired by their terms on May 23 and August 14, 2003 (see Notices of
Action Taken, dated May 23, 2002, in Docket OST 2002-12212, for Miami
and New York authority, and August 14, 2002, in Docket OST-2002-12898,
for San Juan authority).

Applicant representative:  Susan B. Jollie<PHONE_NUMBER>

DOT Analyst:  Gordon H. Bingham<PHONE_NUMBER>

Responsive pleadings:  None filed

	DISPOSITION

Action:  Approved							Action date:  December 11, 2003

(We acted on this application without awaiting expiration of the 15-day
answer period with the consent of all parties served)

Effective dates of authority granted:  December 11, 2003-December 11,
2004

Basis for approval (bilateral agreement/reciprocity):  Air Transport
Agreement between the United States and the Dominican Republic

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations indicated:  X Standard exemption
conditions (attached)

Special conditions/Partial grant/Denial basis/Remarks:  Aero Continente
Dominicana may not conduct U.S. operations with its own aircraft and
crews without further order of the Department.

Action taken by:   Paul L. Gretch, Director

		      Office of International Aviation

________________________________________________________________________
__________________________________________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) the applicant was qualified to perform the
proposed operations; (2) our action was consistent with

Department policy; (3) grant of the authority was consistent with the
public interest; and (4) grant of the authority would not constitute a
major regulatory action under the Energy Policy and Conservation Act

of 1975.  To the extent not granted/deferred/dismissed, we denied all
requests in the referenced Docket.  We may amend, modify, or revoke the
authority granted in this Notice at any time without hearing at our
discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR §
385.30, may file their petitions within seven (7) days after the date

of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp

											Attachment

Foreign Carrier Conditions

In the conduct of the operations authorized, the foreign carrier
applicant(s) shall:

(1)  Not conduct any operations unless it holds a currently effective
authorization from its homeland for such operations, and it has filed a
copy of such authorization with the Department;

(2)  Comply with all applicable requirements of the Federal Aviation
Administration, including, but not limited to, 14 CFR Parts 129, 91, and
36, and with all applicable U.S. Government requirements concerning
security.  To assure compliance with all applicable U.S. Government
requirements concerning security, the holder shall, before commencing
any new service (including charter flights) from a foreign airport that
would be the holder’s last point of departure for the United States,
contact its Principal Security Inspector (PSI) to advise the PSI of its
plans and to find out whether the Transportation Security Administration
has determined that security is adequate to allow such airport(s) to be
served;

(3)  Comply with the requirements for minimum insurance coverage
contained in 14 CFR Part 205, and, prior to the commencement of any
operations under this authority, file evidence of such coverage, in the
form of a completed OST Form 6411, with the Federal Aviation
Administration’s Program Management Branch (AFS-260), Flight Standards
Service (any changes to, or termination of, insurance also shall be
filed with that office);

(4)  Not operate aircraft under this authority unless it complies with
operational safety requirements at least equivalent to Annex 6 of the
Chicago Convention;

(5)  Conform to the airworthiness and airman competency requirements of
its Government for international air services;

(6)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR Part 203,
concerning waiver of Warsaw Convention liability limits and defenses;

(7)  Agree that operations under this authority constitute a waiver of
sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with
respect to those actions or proceedings instituted against it in any
court or other tribunal in the United States that are: (a)  based on its
operations in international air transportation that, according to the
contract of carriage, include a point in the United States as a point of
origin, point of destination, or agreed stopping place, or for which the
contract of carriage was purchased in the United States; or (b)  based
on a claim under any international agreement or treaty cognizable in any
court or other tribunal of the United States.  In this condition, the
term "international air transportation" means "international
transportation" as defined by the Warsaw Convention, except that all
States shall be considered to be High Contracting Parties for the
purpose of this definition;

(8)  Except as specifically authorized by the Department, originate or
terminate all flights to/from the United States in its homeland;

(9)  Comply with the requirements of 14 CFR Part 217, concerning the
reporting of scheduled, nonscheduled, and charter data;

(10) If charter operations are authorized, except as otherwise provided
in the applicable aviation agreement, comply with the Department's rules
governing charters (including 14 CFR Parts 212 and 380); and

(11) Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department, with all applicable orders or regulations of other U.S.
agencies and courts, and with all applicable laws of the United States.

This authority shall not be effective during any period when the holder
is not in compliance with the conditions imposed above.  Moreover, this
authority cannot be sold or otherwise transferred without explicit
Department approval under Title 49 of the U.S. Code.

  The Dominican Republic is currently a Category 2 country under the
FAA’s International Aviation Safety Assessment Program (IASA).


[Federal Register Volume 76, Number 194 (Thursday, October 6, 2011)]
[Rules and Regulations]
[Pages 61947-61950]
[FR Doc No: 2011-25816]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0870]
RIN 1625-AA00

Safety Zones; Fireworks Displays in Captain of the Port Long
Island Sound Zone

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing safety zones for Fireworks
displays within the Captain of the Port (COTP) Long Island Sound Zone.
This action is necessary to provide for the safety of life on navigable
waters during these events. Entry into, transit through, mooring or
anchoring within these zones is prohibited unless authorized by the
COTP Sector Long Island Sound.

DATES: This rule is effective in the CFR from October 6, 2011 until
10:30 p.m. on October 28, 2011. This rule is effective with actual
notice for purposes of enforcement from 8:30 p.m. on September 24, 2011
until 10:30 p.m. on October 28, 2011.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0870 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-0870 in the
``Keyword'' box, and then clicking ``Search.'' They are also 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail Petty Officer Joseph Graun, Prevention
Department, U. S. Coast Guard Sector Long Island Sound,<PHONE_NUMBER>,
<EMAIL_ADDRESS>If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because any delay encountered in this
regulation's effective date by publishing an NPRM would be contrary to
public interest since immediate action is needed to protect both
spectators and participants from the potential safety hazards
associated with these events. We spoke to the event sponsors, and they
are unable and unwilling to move their event dates for the following
reasons.
    The sponsor for CDM Chamber of Commerce Annual Music Festival
Fireworks submitted a marine event application with sufficient notice
to the Coast Guard. This fireworks display is a recurring marine event
with a corresponding entry in a proposed permanent rule for which the
NPRM just closed its public comment period

(docket number USCG-2008-0384); No public comments were received. The
Coast Guard is establishing this temporary safety zone to provide for
safety of life during this year's event.
    The sponsor for the Dooley Wedding Fireworks stated their event is
held in conjunction with a wedding that cannot be moved. The sponsor
was not aware of the requirements for submitting a marine event
application 135 days in advance resulting in a late notification to the
Coast Guard. The sponsor is now aware of the reporting requirements.
    The sponsor for the Charles W. Morgan 70th Anniversary Fireworks
Display stated they are unable and unwilling to reschedule their event
because it is held in conjunction with a 70th anniversary festival that
cannot be moved. Rescheduling the event would not be a viable option
because the festival is a large public event with numerous venders
already scheduled. This is a first time event, the sponsor was not
aware of the requirements for submitting a marine event application 135
days in advance, resulting in a late notification to the Coast Guard.
The sponsor is now aware of the reporting requirements. For the same
reasons 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 by
first publishing a NPRM would be contrary to the rule's objectives of
ensuring safety of life on the navigable waters during these scheduled
events as immediate action is needed to protect both spectators and
participants from the potential safety hazards associated with these
events including unexpected pyrotechnics detonation and burning debris.

Basis and Purpose

    The legal basis for this temporary rule is 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; Public Law 107-295, 116 Stat. 2064; and
Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to define regulatory safety
zones.
    This temporary rule establishes safety zones for fireworks
displays. Fireworks displays are frequently held on the navigable
waters within the COTP Long Island Sound Zone. Based on accidents that
have occurred in the past and the explosive hazards of fireworks, the
COTP Long Island Sound has determined that fireworks displays proximate
to watercrafts pose significant risk to public safety and property.
    In order to protect the safety of all waterway users including
event participants and spectators, this temporary rule establishes
safety zones for the time and location of each event.

Discussion of Rule

    This temporary rule establishes safety zones for three fireworks
displays in the COTP Long Island Sound Zone. These events are listed
below in the text of the regulation in table format.
    Because large numbers of spectator vessels are expected to
congregate around the location of these events, these regulated areas
are needed to protect both spectators and participants from the safety
hazards created by them including unexpected pyrotechnics detonation
and burning debris.
    This rule prevents vessels from entering, transiting, mooring or
anchoring within areas specifically designated as regulated areas
during the periods of enforcement unless authorized by the COTP or
designated representative.
    The Coast Guard has determined that these regulated areas will not
have a significant impact on vessel traffic due to their temporary
nature, limited size, and the fact that vessels are allowed to transit
the navigable waters outside of the regulated areas. The COTP will
cause public notifications to be made by all appropriate means
including but not limited to the Local Notice to Mariners as well as
Broadcast Notice to Mariners.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Executive Order 12866 and Executive Order 13563

    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, and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. The Office of Management and Budget has not reviewed it
under that Order.
    The Coast Guard determined that this rule is not a significant
regulatory action for the following reasons: The regulated areas will
be of limited duration and cover only a small portion of the navigable
waterways. Furthermore, vessels may transit the navigable waterways
outside of the regulated areas. Vessels requiring entry into the
regulated areas may be authorized to do so by the COTP or the
designated representative.
    Advanced public notifications will also be made to the local
maritime community by the Local Notice to Mariners as well as Broadcast
Notice to Mariners.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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. 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 the designated regulated areas during the
enforcement periods stated for each event listed below in the List of
Subjects.
    The temporary safety zones will not have a significant economic
impact on a substantial number of small entities for the following
reasons: The regulated areas will be of limited size and of short
duration, and vessels that can safely do so may navigate in all other
portions of the waterways except for the areas designated as regulated
areas. Additionally, notifications will be made before the effective
period by all appropriate means, including but not limited to the Local
Notice to Mariners and Broadcast Notice to Mariners well in advance of
the events.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    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.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

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.

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.

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.

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.

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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

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 concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves the establishment of
safety zones.
    An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and 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; and Department of Homeland Security
Delegation No. 0170.1.

0
2. Add Sec.  165.T01-0870 to read as follows:

Sec.  165.T01-0870  Safety Zones; Fireworks Displays in Captain of the
Port Long Island Sound Zone.

    (a) Regulations.
    The general regulations contained in 33 CFR 165.23 as well as the
following regulations apply to the events listed in the TABLE of Sec.
165.T01-0870. These regulations will be enforced for the duration of
each event.
    (b) Definitions. The following definitions apply to this section:
    (1) Designated Representative. A ``designated representative'' is
any Coast Guard commissioned, warrant or petty officer of the U.S.
Coast Guard who has been designated by the Captain of the Port, Sector
Long Island Sound (COTP), to act on his or her behalf. The designated
representative may be on an official patrol vessel or may be on shore
and will communicate with vessels via VHF-FM radio or loudhailer. In
addition, members of the Coast Guard Auxiliary may be present to inform
vessel operators of this regulation.
    (2) Official Patrol Vessels. Official patrol vessels may consist of
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement
vessels assigned or approved by the COTP.
    (3) Spectators. All persons and vessels not registered with the
event sponsor as participants or official patrol vessels.
    (c) Vessel operators desiring to enter or operate within the
regulated areas should contact the COTP or the designated
representative via VHF

channel 16 or by telephone at<PHONE_NUMBER> to obtain permission to do
so.
    (d) Spectators shall not anchor, block, loiter, or impede the
transit of event participants or official patrol vessels in the
regulated areas during the effective dates and times, or dates and
times as modified through the Local Notice to Mariners, unless
authorized by COTP or designated representative.
    (e) The COTP or designated representative may delay or terminate
any marine event in this subpart at any time it is deemed necessary to
ensure the safety of life or property.
    (f) The regulated area for all fireworks displays listed in the
TABLE of Sec.  165.T01-0870 is that area of navigable waters within a
1000 foot radius of the launch platform or launch site for each
fireworks display. Fireworks barges used in these locations will also
have a sign on their port and starboard side labeled ``FIREWORKS--STAY
AWAY.'' This sign will consist of 10 inch high by 1.5 inch wide red
lettering on a white background. Shore sites used in these locations
will display a sign labeled ``FIREWORKS--STAY AWAY'' with the same
dimensions.

                      Table of Sec.   165.T01-0870
------------------------------------------------------------------------
                                             Fireworks display events
------------------------------------------------------------------------
1 CDM Chamber of Commerce Annual Music    Date: September 24,
 Festival Fireworks.                      2011.
                                          Rain date: September
                                          25, 2011.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: A point off
                                          of Cedar Beach Town Park,
                                          Mount Sinai, NY in approximate
                                          position 40[deg]57'54.02'' N,
                                          073[deg]01'57.52'' W (NAD 83).
2 Dooley Wedding Fireworks.............   Date: October 1, 2011.
                                          Rain Date: October 2,
                                          2011.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: A point off
                                          of Oyster Bay Harbor, Mill
                                          Neck, NY in approximate
                                          position 40[deg]53'04.27'' N,
                                          073[deg]32'38.53'' W (NAD 83).
3 Charles W. Morgan 70th Anniversary      Date: October 28,
 Fireworks.                               2011.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: A point on
                                          the Mystic River, Mystic, CT
                                          in approximate position
                                          41[deg]21'56.455'' N,
                                          071[deg]57'58.32'' W (NAD 83).
------------------------------------------------------------------------

    Dated: September 23, 2011.
J.M. Vojvodich,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island
Sound.
[FR Doc. 2011-25816 Filed 10-5-11; 8:45 am]
BILLING CODE 9110-04-P