[Federal Register: September 6, 2007 (Volume 72, Number 172)]
[Notices]
[Page 51297-51301]
[DOCID:fr06se07-125]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2007-29133; Notice No. 07-08]

Safety Advisory Guidance: Use of Mobile Acetylene Trailers

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA).

ACTION: Safety advisory notice; request for comments.

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SUMMARY: This safety advisory is addressed to persons involved in the
use, operation, fabrication, or other handling of mobile acetylene
trailers. In this notice, we discuss recent acetylene incidents,
requirements in the Hazardous Materials Regulations, national consensus
standards issued by the Compressed Gas Association and National Fire
Protection Association, operating procedures, fire mitigation and
detection systems, and training of persons who operate, charge, and
discharge mobile acetylene trailer systems. We urge companies and
workers to review their operating practices to ensure that filling and
discharge operations are conducted in the safest possible manner. In
addition, we are requesting information on the effectiveness of current
DOT regulations and industry best practices, as well as suggestions for
enhancing the safety of these operations.

DATES: Submit comments by November 5, 2007.

ADDRESSES: You may submit comments identified by the docket number
(PHMSA-2007-29133) by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the instructions for submitting comments.
     Web Site: http://dms.dot.gov. Follow the instructions for

submitting comments on the DOT electronic docket site.
     Fax: 1<PHONE_NUMBER>.
     Mail: Docket Operations, U.S. Department of
Transportation, West Building, Ground Floor, Room W12-140, Routing
Symbol M-30, 1200 New Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: Docket Operations, U.S. Department of
Transportation, West Building, Ground Floor, Room W12-140, Routing
Symbol M-30, 1200 New Jersey Avenue, SE., Washington, DC 20590 between
9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Instructions: You must include the agency name and docket number
(PHMSA-2007-29133) for this notice at the beginning of your comment.
Internet users may access comments received by the Department of
Transportation at http://dms.dot.gov Note that comments received may be posted without change to http://dms.dot.gov. including any personal

information provided.

FOR FURTHER INFORMATION CONTACT: Ben Supko, Office of Hazardous
Materials Standards, Pipeline and Hazardous Materials Safety
Administration,<PHONE_NUMBER>, or Charles Hochman, Director, Office of
Hazardous Materials Technology, Pipeline and Hazardous Materials Safety
Administration,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    Acetylene is a highly flammable gas that requires special packaging
and handling procedures to be transported safely. Acetylene is
regulated as a Division 2.1 flammable gas under the Hazardous Materials
Regulations (HMR;

49 CFR parts 171-180) and is subject to stringent packaging and
handling requirements. Acetylene is filled and transported in cylinders
containing a porous mass and solvent; transportation in bulk containers
is prohibited.
    In place of bulk packaging, mobile acetylene trailers (MATs) are
used to transport large quantities of acetylene. The Compressed Gas
Association (CGA) defines a MAT as a group of cylinders, secured
together as a unit, mounted on an open transport vehicle, and
manifolded for containing and transporting acetylene.
    On July 25, 2007, shortly after 9 am, at a Southwest Industrial
Gases facility in Dallas, Texas, a MAT delivered by Western
International Gas and Cylinders Inc. caught fire while the trailer was
being prepared to discharge acetylene to the facility. The origin of
the fire has not been identified. Witness reports state that a small
fire began at the rear of the trailer and then spread to cylinders in
the facility. The fire burned for more than an hour and ruptured a
number of cylinders with explosive effects. Three people were injured.
The fire caused the closure of local streets and Interstates 30 and 35E
for much of the day and destroyed four trailers at the Southwest
Industrial Gases facility. Both the Chemical Safety Board (CSB) and
National Transportation Safety Board (NTSB) are investigating the
incident; PHMSA is assisting with the investigations.
    On August 7, 2007, just north of Houston, Texas, outside of the
Hughes Christensen Co., a fire started on a MAT delivered by Western
International Gas and Cylinders, Inc. None of the cylinders ruptured,
and firefighters were able to douse the acetylene cylinders with water
and keep the fire confined to the trailer. No one was hurt, but 800
employees were evacuated. NTSB and CSB are also investigating this
incident; PHMSA is participating in the investigations.

II. PHMSA Regulations

    The HMR specify requirements for the safe transportation of
hazardous materials in commerce by rail car, aircraft, vessel, and
motor vehicle. The hazardous material regulatory system is a risk
management system that is prevention-oriented and focused on
identifying a safety or security hazard and reducing the probability of
and consequence from a hazardous material release. Under the HMR,
hazardous materials are categorized into hazard classes and packing
groups based upon the risks they present during transportation. The HMR
specify appropriate packaging and handling requirements for hazardous
materials, and require a shipper to communicate the material's hazards
through use of shipping papers, package marking and labeling, and
vehicle placarding. The HMR also require shippers to provide emergency
response information applicable to the specific hazard or hazards of
the material being transported. Finally, the HMR mandate training
requirements for persons who prepare hazardous materials for shipment
or who transport hazardous materials in commerce. The HMR also include
operational requirements applicable to each mode of transportation. The
HMR apply to each person who offers a hazardous material for
transportation in commerce, causes a hazardous material to be
transported in commerce, or transports a hazardous material in commerce
(see 49 CFR 171.1(b) and (c)).
    Under the HMR, acetylene is regulated as a Division 2.1 flammable
gas. Acetylene is only authorized for transportation in DOT
specification 8 or 8AL cylinders or in UN cylinders conforming to ISO
3807-2 (see 49 CFR 173.303). Transportation of acetylene in bulk
packagings, such as cargo tanks, portable tanks, or rail tank cars is
prohibited. Section 173.301(f) requires cylinders to be equipped with
one or more pressure relief devices sized and selected as to type,
location, and quantity, and tested in accordance with CGA S-1.1 and S-
7. For acetylene, CGA S-1.1 requires DOT 8 or 8AL cylinders to be
fitted with a CG-3 fusible plug, which operates at 212[deg]F. The plug
must be proven using the fire test method specified in CGA publication
C-12. To ensure the stability of the acetylene during transportation,
cylinders are constructed with porous filler and are charged with
solvent. The porous filler is typically calcium silicate, and the
solvent is typically acetone or dimethylformamide. The amount of
solvent and porous filler must be closely monitored to prevent
overfilling. Sections 178.59(l)(4)(i) and 178.60(p)(4)(i) establish
requirements regarding the amount and porosity of the porous filler and
maximum amount of solvent authorized based on the water capacity of DOT
8 and 8AL cylinders.
    The HMR permit acetylene cylinders to be manifolded during
transportation (see 49 CFR 173.301(g)(1)(iii)). However, the manifolded
cylinders must conform to the following conditions: (1) Manifolded
branch lines must be sufficiently flexible to prevent damage to the
valves; (2) the cylinders must be supported and held together as a unit
by structurally adequate means; (3) each cylinder must be equipped with
an individual shutoff valve that is tightly closed in transit and an
individual pressure relief device that discharges upward; and (4) the
valves and pressure relief devices must be protected from damage by
framing, a cabinet, or other method.
    The requirements for the transportation of hazardous materials by
highway are found in Part 177 of the HMR, including requirements for
loading and unloading hazardous materials from highway transport
vehicles. When cylinders containing acetylene and other Class 2 gases
are transported in commerce, they must be securely restrained in a
manner that prevents shifting, overturning, or ejection from the motor
vehicle under normal transportation conditions (see 49 CFR
177.840(a)(1)). Normal transportation conditions include vehicle
starting, stopping, cornering, accident avoidance, and varied road
conditions. We request comments pertaining to the adequacy of current
securement requirements for cylinders, including whether existing
securement measures would withstand the force of an accident or
rollover. Comments should consider the protection from damage afforded
to manifolded cylinders by framing, cabinets, or other methods, as
required by Sec.  173.301(g)(1)(iii)).
    Except for cargo tanks and portable tanks, the HMR generally
prohibit the discharge or emptying of a package's contents prior to its
removal from the motor vehicle (see 49 CFR 177.834(h)). However, this
general prohibition does not apply in all circumstances. For example,
it has been our longstanding interpretation that the prohibition in
Sec.  177.834(h) does not apply to tube trailers, which are 3AX, 3AAX,
and 3T cylinders mounted to a transport vehicle, because removing them
from the motor vehicle prior to discharging their contents is not
practicable. We have long applied the same standard to discharge
operations involving manifolded acetylene cylinders that are mounted to
a transport vehicle.

III. National Consensus Standards

    Several national consensus standards apply to the generation,
storage, movement, and use of acetylene. The standards cover filling
and discharge operations for acetylene cylinders and the transportation
of such cylinders. Persons involved in these operations should
thoroughly review these standards to ensure that they are utilizing
appropriate safety practices. Below we list and summarize applicable
national consensus standards.

A. CGA G-1, Acetylene

    This standard, developed by the Compressed Gas Association (CGA),
provides general information on the characteristics of acetylene and
proper handling procedures. The publication begins by describing the
manufacturing process, composition, properties, and the physiological
effects of acetylene. It continues by detailing the HMR requirements
that apply to shipments of acetylene. It describes authorized
packaging, valves, pressure relief devices, filling limits, and hazard
communication. In addition, it outlines safe methods for storing
acetylene cylinders at a fixed facility location and safe methods for
handling and using acetylene. The standard concludes by discussing the
type of piping that is suitable for acetylene.

B. NFPA 51A--Standard for Acetylene Cylinder Charging Plants

    This standard, published by the National Fire Protection
Association (NFPA), establishes safeguards for the design,
construction, and installation of acetylene cylinder charging plants.
The standard applies to plants that are engaged in the generation and
compression of acetylene and charging of cylinders with acetylene. The
standard applies to the location, arrangement, construction, design,
and development of facilities used in the generation of acetylene and
also includes valuable information regarding the charging of manifolded
cylinders. In fact, Chapter 10 of the NFPA 51A standard specifically
addresses facility-based acetylene cylinder charging manifolds. Though
the standard does not provide specific transportation-related
information, the safety precautions recommended for facility-based
charging stations are very similar to those used to charge MATs,
including:
     Charging manifolds must have a shutoff and blowdown valve
vented outside or to the low pressure system.
     A check valve must be installed in the facility pipeline
at each cylinder charging manifold and lead.
     Pressure gauges must be protected by a device that stops a
detonation of flame and limits a rise in pressure.
     Manifold outlets must have a shutoff valve.
     Manifolds must be arranged to limit stress in the cylinder
charging leads.
     In order to prevent liquefying of acetylene at low ambient
temperatures, specific maximum charging pressures based on ambient air
temperature must be followed.
     Cylinder valves must be opened first at the start of
charging and closed last at the end of charging.
     Acetylene cylinders connected to charging manifolds must
have provisions for cooling by water spray applied from a manually
activated spray nozzle system where needed for removing heat from
solution acetylene, as determined by ambient temperature and cylinder
charging rate.

C. CGA G-1.6, Recommended Practices for Mobile Acetylene Trailer
Systems

    In this publication, CGA provides safe practices for the design,
construction, and operation of MATs. The publication also provides
recommended safe practices for auxiliary equipment used in conjunction
with MATs, including piping, regulators, flash arrestors, and meters.
The standard specifically addresses the following areas:
    1. Design and construction (CGA G-1.6, Section 4)
     Trailer must conform to all applicable Federal, state, and
local regulations.
     A grounding system for the piping that conforms to NFPA
70, National Electrical Code, must be provided to ground the piping
system.
     Piping must: be carbon steel, stainless steel, wrought
iron, malleable iron, or copper alloys containing not more than 65%
copper; conform to the American National Standard Institute A13.1,
Scheme for Identification of Piping Systems; be braced and supported;
and meet the appropriate Schedule based on pressure.
     Leads between cylinders and manifolds must be sufficiently
long and flexible to minimize strain on valves and leads.
     Manifolds must be equipped with a shut-off valve, pressure
gauge, and vent.
     Vents and pressure relief devices must be directed upwards
above the acetylene piping.
     Protective equipment must be installed between a MAT and
facility piping.
     Cylinders must: conform to the HMR; be vertical,
supported, and secured; have valves that are capable of being closed in
the event of an emergency; have similar functional characteristics,
including dimensions, porous mass, solvent, and solvent quantity; and
be arranged in aisles to allow access.
    2. Operation (CGA G-1.6 Section 5)
     To be charged, cylinders must conform to applicable HMR
requirements.
     Cylinders must be marked in accordance with CGA C-7,
``Guide to the Preparation of Precautionary Labeling and Marking of
Compressed Gas Containers.''
     In order to prevent liquefying of acetylene, specific
maximum charging pressures based on ambient air temperature must be
followed.
     During cylinder charging, valves are to be opened first
and closed after the pressure between manifolded cylinders equalizes
(takes several hours).
     Valves must be closed during transportation.
     Acetylene pressure must be maintained in leads and
manifolds during delivery and return shipments.
     Legible instructions must be posted at the discharge
location when consumers use any equipment to discharge the acetylene.
     The trailer must be chocked or secured to prevent movement
during discharge.
     During any manual valve operations, or when the trailer is
being connected or disconnected, a trained person must be in
attendance.
     When acetylene is discharged in an enclosure, appropriate
venting to the outside must be used.
     The flow rate of acetylene for intermittent withdrawal
from the trailer must not exceed 10% of the trailer capacity per hour,
for continuous withdrawal the flow rate should not exceed 6.6% (1/15)
of the trailer capacity per hour.
    3. Associated equipment (CGA G-1.6, Section 6)
     The trailer discharge station must be in conformance with
NFPA 50, ``Standard for Bulk Oxygen Systems at Consumer Sites'' and be
a minimum distance of 50 feet from property lines, bulk flammable
liquid storage, and non-acetylene bulk flammable gas storage.
     The trailer must be a minimum distance of 25 feet from
property lines, 50 feet from combustible construction, and 15 feet from
non-combustible construction.
     The trailer site must: Provide adequate space for
positioning the trailer and be protected with curbing or guardrails; be
not exposed to power, flammable liquid, flammable gas, or oxidizing
lines; be equipped with signage stating ``ACETYLENE--FLAMMABLE GAS'NO
SMOKING--NO OPEN FLAMES'; and have a grounding system for the trailer.
     Appropriate hoses, meters and electrical equipment must be
used.
    4. General provisions (CGA G-1.6, Section 7)
     MATs must be marked and placarded in accordance the Part
172, Subparts D and F of the HMR.
     Charging and discharging stations for MATSs must be
provided with

conspicuously located and easily accessible fire hoses or fixed spray
systems and dry chemical fire extinguishers. Nozzles on fire hoses
should be of the type that adjusts from full stream to a fog pattern.
     Exits and fire protection equipment may not be blocked or
obstructed.

IV. Recommended Practices

    The standards summarized above outline specific procedures for
filling, discharging, and transporting acetylene cylinders and for
storing and using acetylene. Based on our review of the recent
incidents and the applicable national consensus standards, we recommend
that entities involved in the transportation of acetylene, particularly
the filling and discharge of manifolded cylinders mounted on a motor
vehicle, implement safety procedures conforming to applicable sections
of CGA G-1, ``Acetylene (1990), NFPA 51A Standard for Acetylene
Charging Plants'' (2006 Edition), and CGA G-1.6, ``Recommended
Practices for Mobile Acetylene Trailer Systems,'' (1996, Fourth
Edition, Reaffirmed 2001). In addition, entities must ensure that
acetylene cylinders fully comply with all HMR requirements applicable
to the specification cylinder, including cylinder components such as
valves, pressure relief devices, porous filler, and solvent.
    The CSB Web site provides several examples of best practices to
mitigate fires, including the use of fire monitors and water deluge and
sprinkler systems. We strongly recommend that entities involved in the
transportation of acetylene review the best practices highlighted by
CSB and implement those that apply to their operations. In particular,
facility operators should consider the installation of fire monitors
and water deluge or sprinkler systems. In the event of a cylinder fire,
the presence of such fire mitigation systems will help cool the
cylinders, reducing the likelihood of additional gas releases, cylinder
ruptures, and other potentially catastrophic consequences. For
additional information, the CSB's Web site provides best practices
based on a Praxair Flammable Gas Cylinder Fire that occurred in St.
Louis, MO on June 24, 2005. A safety bulletin and video addressing the
Praxair incident can be found at http://www.csb.gov/index.cfm?folder=completed_investigations&page=info&INV_ID=59#
.

    The acetylene accidents covered in this safety advisory notice
occurred in conjunction with our assessment of the safety risks
associated with bulk loading and unloading operations. On June 14,
2007, we hosted a public workshop to examine industry data, identify
industry best practices and standards, discuss the role of recommended
practices, and consider industry actions that have the potential to
reduce risk during loading and unloading. Representatives from
industry, federal agencies, state and local government, standards
organizations, the emergency response community, employee groups,
environmental and public interest organizations, and the public
participated in the meeting. As a result of this collaborative effort
between PHMSA and our stakeholders, we developed a set of recommended
practices that are generally applicable to loading and unloading
operations involving hazardous materials in many different types of
packagings and a number of different operational and modal contexts.
Consistent with these recommended practices, we recommend that shippers
and carriers of acetylene develop and implement specific procedures for
loading and unloading operations that are based on an assessment of the
safety risks associated with the type of loading or unloading operation
being conducted and the material or materials involved. Please consider
the following guidelines when developing operating procedures for
acetylene:
    (1) Make sure employees know and understand their specific
responsibilities during loading and unloading operations, including
attendance or monitoring responsibilities.
    (2) Identify and implement appropriate safety precautions,
including measures specific to the material transported, such as
pressure or temperature controls and maximum filling limits; necessary
protective equipment; controlling access to the area where the
operations take place; procedures for connecting and disconnecting
piping, hoses, and connections; ignition sources; and procedures for
monitoring the loading and unloading operations.
    (3) Identify and implement appropriate pre-transfer procedures,
including pre-transfer inspections of the transport unit, packaging,
transfer area, and piping, hoses, or other connections are free of
defects, leaks, or other problems that could result in an unsafe
condition.
    (4) Identify and implement appropriate transfer procedures;
    (5) Identify and implement appropriate emergency procedures,
including identification of emergency response equipment and
individuals authorized in its use; incident response; use of emergency
shut-down systems; and emergency communication and spill reporting.
    In addition, we remind entities that offer for transportation or
transport acetylene cylinders that their employees must be trained. In
accordance with the requirements in Subpart H of Part 172 of the HMR,
persons who directly affect hazardous materials transportation safety
must complete training that covers the following:
    1. General awareness training designed to familiarize each employee
with the requirements of the HMR and to enable each employee to
recognize and identify hazardous materials.
    2. Function-specific training designed to ensure that each employee
understands how he is to perform the functions or operations for which
he is responsible. Training for employees responsible for loading or
unloading operations should include training on established procedures
applicable to such operations, as well as national consensus standards
that have been incorporated into such procedures.
    3. Safety training concerning emergency response information
applicable to the specific hazardous material(s) handled, measures to
protect the employee from the hazards associated with the materials to
which the employee may be exposed in the work place, and methods and
procedures for avoiding incidents.
    4. Security training that provides an awareness of the security
risks associated with hazardous materials transportation and methods to
enhance transportation security.
    We believe that the procedures outlined above, including those
contained in the CGA and NFPA standards, combined with a rigorous
training program, will ensure that persons responsible for filling,
operating, and discharging MATs have the knowledge and information to
enable them to conduct these operations safely. We urge shippers and
carriers engaged in these operations to evaluate their current
operations, review the national consensus standards, and make
adjustments in procedures and practices where necessary to minimize the
safety risks associated with the transportation of acetylene on MATs.

VI. Enhanced Safety Program for Mobile Acetylene Trailers

    We plan to work with acetylene shippers and carriers, emergency
responders, associations such as CGA and NFPA, government agencies
concerned with the safe handling and use of acetylene, and other
stakeholders to assess the effectiveness of current

safety procedures used for filling, operating, and discharging MATs to
determine whether additional safety procedures should be implemented.
To this end, we request that persons who use such transportation
systems to provide us with information on the effectiveness of the
current DOT regulations, consensus standards, and industry best
practices. We are also interested in any other procedures utilized to
ensure that operations related to the transportation of acetylene on
MATs are performed safely.
    We would also like to work with shippers, carriers, and facilities
that receive shipments of acetylene in MATs to develop and implement a
pilot program to test the effectiveness of current or alternative
procedures or methods designed to enhance the safety of transportation
operations involving acetylene on MATs. As part of this program, we
will assist individual companies or facilities to evaluate the
effectiveness of their current procedures and to identify additional
measures that should be implemented. We welcome suggestions concerning
how such a program should be structured and the entities that should
participate.
    To ensure that our message reaches all stakeholders affected by
these risks, we plan to communicate this advisory through our public
affairs notification and outreach processes. For additional visibility,
we have made this advisory available on the PHMSA homepage at http://www.phmsa.dot.gov and the DOT electronic docket site at http://

dms.dot.gov. In addition, if you are aware of other companies that are
involved in the charging, operating, and discharging MATs, please share
this advisory notice with them and, if possible, identify them in your
correspondence with this agency. We believe a collaborative effort
involving an integrated and cooperative approach will help us to
address safety risks, reduce incidents, enhance safety, and protect the
public.

    Issued in Washington, DC on August 30, 2007.
Theodore L. Willke,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. 07-4355 Filed 9-5-07; 8:45 am]

BILLING CODE 4910-60-P


[Federal Register Volume 87, Number 249 (Thursday, December 29, 2022)]
[Rules and Regulations]
[Page 80079]
[FR Doc No: 2022-28314]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 122 and 123

[EPA-HQ-OW-2022-0834; FRL-10123-04-OW]
RIN 2040-AG27

NPDES Small MS4 Urbanized Area Clarification; Extension of
Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule; extension of comment period.

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SUMMARY: The Environmental Protection Agency (EPA) is extending the
comment period for the direct final rule entitled ``NPDES Small MS4
Urbanized Area Clarification.'' EPA is extending the comment period for
15 days, from January 3, 2023 to January 18, 2023, in response to a
stakeholder request for an extension. EPA is also publishing the same
extension of the comment period in the ``Proposed Rules'' section of
the Federal Register.

DATES: The comment period for the direct final rule published in the
Federal Register on December 2, 2022 (87 FR 73965) is being extended
for fifteen days. Comments must be received on or before January 18,
2023.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OW-2022-0834 to https://www.regulations.gov/. Follow the online
instructions for submitting comments.
    Once submitted, comments cannot be edited or removed from
Regulations.gov. EPA may publish any comment received to the public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment.
    The written comment is considered the official comment and should
include discussion of all points you wish to make. The agencies will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit http://www2.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Heather Huddle, Water Permits Division
(MC4203), Environmental Protection Agency, 1200 Pennsylvania Ave, NW,
Washington, DC 20004; telephone number:<PHONE_NUMBER>; email address:
[email protected].

SUPPLEMENTARY INFORMATION: On December 2, 2022, EPA published a direct
final rule (87 FR 73965) and a proposed rule (87 FR 74066) entitled
``NPDES Small MS4 Urbanized Area Clarification.'' The original deadline
to submit comments was January 3, 2023. This action extends the comment
period for 15 days. Written comments must now be received by January
18, 2023. Related to this extension, the direct final rule will become
effective on March 2, 2023 without further notice, unless EPA receives
adverse comment by January 18, 2023. If EPA receives adverse comment by
January 18, 2023, the Agency will publish a timely withdrawal in the
Federal Register informing the public that the rule will not take
effect.

Wynne Miller,
Deputy Director, Office of Wastewater Management.
[FR Doc. 2022-28314 Filed 12-28-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 87 (Friday, May 4, 2018)]
[Rules and Regulations]
[Page 19630]
[FR Doc No: 2018-09496]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2017-0993]

Special Local Regulation: Fort Lauderdale Air Show; Atlantic
Ocean, Fort Lauderdale, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the special local regulation for
the Fort Lauderdale Air Show from May 5 through 6, 2018 from 9:00 a.m.
to 6:00 p.m., to provide for the safety of life on navigable waterways
during this event. During the enforcement periods, the operator of any
vessel in the regulated area must comply with directions from the
Patrol Commander or any Official Patrol displaying a Coast Guard
ensign.

DATES: The special local regulation in 33 CFR 100.726 will be enforced
from 9 a.m. until 6 p.m., each day from May 5, 2018, through May 6,
2018.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, call Petty Officer Mara J. Brown, Sector Miami
Waterways Management Division, U.S. Coast Guard; telephone 305-535-
4317, email [email protected].

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the special
local regulation in 33 CFR 100.726 for the Fort Lauderdale Air Show
regulated area from 9:00 a.m. to 6:00 p.m. on May 5 and 6, 2018. This
action is being taken to provide for the safety of life on navigable
waterways during this 2-day event. Our regulation for the Fort
Lauderdale Air Show, Sec.  100.726, specifies the location of the
regulated area for the Fort Lauderdale Air Show which is located on the
Atlantic Ocean, east of Ft. Lauderdale, FL. During the enforcement
periods, if you are the operator of a vessel in the regulated area you
must comply with directions from the Patrol Commander or any Official
Patrol displaying a Coast Guard ensign.
    In addition to this notice of enforcement in the Federal Register,
the Coast Guard plans to provide notification of this enforcement
period via the Local Notice to Mariners and marine information
broadcasts.

    Dated: May 1, 2018.
M.M. Dean,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2018-09496 Filed 5-3-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 87, Number 104 (Tuesday, May 31, 2022)]
[Proposed Rules]
[Pages 32373-32374]
[FR Doc No: 2022-11491]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-0541; Airspace Docket No. 22-AAL-48]
RIN 2120-AA66

Proposed Revocation of Alaskan Airway V-621 Near Atqasuk, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to revoke the Alaskan VHF Omnidirectional
Range (VOR) Federal airway V-621 (hereinafter referred to as Alaskan V-
621) due to the planned decommissioning of the Atqasuk, AK, (ATK) Non-
Directional Beacon (NDB) Navigational Aid (NAVAID).

DATES: Comments must be received on or before July 15, 2022.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone:
(800) 647-5527, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2022-0541; Airspace Docket No. 22-AAL-48 at the beginning of your
comments. You may also submit comments through the internet at https://www.regulations.gov. FAA Order JO 7400.11F, Airspace Designations and
Reporting Points, and subsequent amendments can be viewed online at
https://www.faa.gov/air_traffic/publications/. For further information,
you can contact the Rules and Regulations Group, Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC, 20591;
telephone:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Jesse Acevedo, Rules and Regulations
Group, Office of Policy, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. 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
the 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 would modify the airway structure as necessary to
preserve the safe and efficient flow of air traffic within the National
Airspace System.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA-2022-0541; Airspace Docket No 22-AAL-48) and be submitted in
triplicate to the Docket Management Facility (see ADDRESSES section for
address and phone number). You may also submit comments through the
internet at https://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to FAA Docket No. FAA-2022-0541; Airspace Docket No. 22-AAL-48.'' The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified comment
closing date will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the comment
closing date. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRM

    An electronic copy of this document may be downloaded through the
internet at https://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at https://www.faa.gov/air_traffic/publications/airspace_amendments/.

    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal
holidays. An informal docket may also be examined during normal
business hours at the office of the Operations Support Group, Western
Service Center, Federal Aviation Administration, 2200 South 216th St.,
Des Moines, WA 98198.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order JO 7400.11F, Airspace
Designations and Reporting Points, dated August 10, 2021, and effective
September 15, 2021. FAA Order JO 7400.11F is publicly available as
listed in the ADDRESSES section of this document. FAA Order JO 7400.11F
lists Class A, B, C, D, and E airspace areas, air traffic service
routes, and reporting points.

Background

    The aviation industry/users have indicated a desire for the FAA to
transition the Alaskan en-route navigation structure away from the
dependency on NDBs. The advances in technology have allowed for
alternate navigation methods to support the decommissioning of high
cost ground navigation equipment. The FAA conducted a non-rulemaking
study, in accordance with FAA Order JO 7400.2, Procedures for Handling
Airspace Matters, in 2021 on the Atqasuk, AK, (ATK) NDB due to the
ongoing high cost of maintenance and repairs. As a result of the study,
there were no objections to remove the Atqasuk, AK, (ATK) NDB.
Therefore, the FAA proceeded to schedule the decommissioning of the
Atqasuk, AK, (ATK) NDB.
    With the planned decommissioning of Atqasuk, AK, (ATK) NDB, the
remaining ground-based coverage in the area is insufficient to enable
the continuity of the Alaskan V-621. As such, this proposal would
result in the Alaskan V-621 being revoked. To overcome the loss of
Alaskan V-621, pilots equipped with Area Navigation (RNAV) capabilities
may use neighboring RNAV T-routes T-235, T-246, and T-267 as alternate
routes.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 to revoke
Alaskan VOR Federal airway V-621, due to the planned decommissioning of
the Atqasuk, AK, (ATK) NDB. The proposed airway change is described
below.
    Alaskan V-621: Alaskan V-621 currently navigates between the
Barrow, AK, VOR and the Atqasuk, AK, NDB. The FAA proposes to remove
the airway in its entirety.
    Alaskan VOR Federal airways are published in paragraph 6010(b) of
FAA Order JO 7400.11F dated August 10, 2021 and effective September 15,
2021, which is incorporated by reference in 14 CFR 71.1. The Alaskan
VOR Federal airway listed in this document would be removed
subsequently from FAA Order JO 7400.11.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (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 proposed 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.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 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(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11F, Airspace Designations and Reporting Points, dated August 10,
2021, and effective September 15, 2021, is amended as follows:

Paragraph 6010(b) Alaskan VOR Federal Airways.

* * * * *

V-621 [Removed]

* * * * *

    Issued in Washington, DC, on May 23, 2022.
Scott M. Rosenbloom,
Manager, Airspace Rules and Regulations.
[FR Doc. 2022-11491 Filed 5-27-22; 8:45 am]
BILLING CODE 4910-13-P