[Federal Register Volume 83, Number 97 (Friday, May 18, 2018)]
[Rules and Regulations]
[Pages 23224-23226]
[FR Doc No: 2018-10624]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2018-0224]
RIN 1625-AA08

Special Local Regulation; Monongahela, Allegheny, and Ohio
Rivers, Pittsburgh Pennsylvania

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local
regulation for parts of the navigable waters of the Allegheny,
Monongahela, and Ohio Rivers. This action is necessary to ensure safety
of life on these navigable waters during the weekend of the Kenny
Chesney concert at Heinz Field. Persons and vessels are prohibited from
loitering, anchoring, stopping, mooring, remaining, or drifting in any
manner that impedes safe passage of another vessel to any launching
ramp, marina, or fleeting area unless authorized by the Captain of the
Port Marine Safety Unit Pittsburgh or a designated representative. In
addition, persons and vessels are prohibited from loitering, anchoring,
stopping, or drifting more than 100 feet from any riverbank unless
authorized by the Captain of the Port Marine Safety Unit Pittsburgh or
a designated representative.

DATES: This rule is effective from 4 p.m. on June 1, 2018 through 3
p.m. on June 3, 2018.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0224 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Jennifer Haggins, Marine Safety Unit
Pittsburgh Waterways Division, U.S. Coast Guard; telephone 412-221-
0807, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Marine Safety Unit Pittsburgh
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On March 7, 2018, Heinz Field notified the Coast Guard that it
would be holding a concert from 4 p.m. to 11 p.m. on June 2, 2018.
Heinz Field is located in close proximity to the banks of the Ohio and
Allegheny Rivers, which are high vessel traffic areas used by both
commercial and recreational vessels. Due to the proximity of Heinz
Field to these waterways, it will be a destination for many
recreational vessels to anchor and loiter throughout the concert
weekend of June 1, 2018 to June 3, 2018. In response to the
notification, on April 19, 2018, the Coast Guard published a notice of
proposed rulemaking (NPRM) titled Special Local Regulation;
Monongahela, Allegheny, and Ohio Rivers, Pittsburgh PA (83 FR 17333).
There we stated why we issued the NPRM, and invited comments on our
proposed regulatory action related to this concert. During the comment
period that ended May 4, 2018, we received no comments.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to the public interest because immediate
action is needed to respond to the potential safety concerns and
hazards that could occur in this area during the concert.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1233. The Captain of the Port Marine Safety Unit Pittsburgh (COTP) has
determined that this special local regulation is necessary

to maintain an open navigation channel and ensure the safety of vessels
on these navigable waters during the concert weekend. Risk of
collisions near Heinz Field is a safety concern for any vessel
loitering, anchoring, stopping, or drifting more than 100 feet from a
riverbank or in a manner that impedes the passage of another vessel to
any launching ramp, marina, or fleeting area. The purpose of this
rulemaking is to ensure the safety of vessels on the navigable waters
adjacent to Heinz Field, the Allegheny, Monongahela, and Ohio Rivers
before, during, and after the Kenny Chesney concert weekend.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published April
19, 2018. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM.
    This rule establishes a special local regulation from 4 p.m. on
June 1, 2018 through 3 p.m. on June 3, 2018. The special local
regulation will cover all navigable waters of the Allegheny,
Monongahela, and Ohio Rivers between the Ninth Street Highway Bridge at
mile marker (MM) 0.8, Allegheny River, Fort Pitt Highway Bridge at MM
0.22, Monongahela River, and West End-North Side Highway Bridge at MM
0.8, Ohio River. The duration of the zone is intended to ensure the
safety of vessels on these navigable waters. This special local
regulation applies to any vessel operating within the area, including a
naval or public vessel, except a vessel engaged in law enforcement,
servicing aids to navigation, or surveying, maintaining, or improving
waters within the regulated area. No vessel is permitted to loiter,
anchor, stop, moor, remain or drift in any manner that impedes safe
passage of another vessel to any launching ramp, marina, or fleeting
area unless authorized by the COTP or a designated representative. In
addition, no vessel or person is permitted to loiter, anchor, stop,
remain, or drift more than 100 feet from any riverbank unless
authorized by the COTP or a designated representative. Persons and
vessels seeking entry into the regulated area must request permission
from the COTP or a designated representative. A designated
representative is a commissioned, warrant, or petty officer of the U.S.
Coast Guard assigned to units under the operational control of USCG
Marine Safety Unit Pittsburgh. They may be contacted on VHF-FM Channel
16. Persons and vessels permitted to enter this regulated area must
transit at their slowest safe speed and comply with all lawful
directions issued by the COTP or the designated representative.

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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated as a ``significant regulatory action,'' under Executive
Order 12866. Accordingly, this rule has not been reviewed by the Office
of Management and Budget (OMB), and pursuant to OMB guidance it is
exempt from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size and
location of the special local regulation. The special local regulation
will impact a small section of the Allegheny, Monongahela, and Ohio
Rivers, less than three total miles. Moreover, the special local
regulation will not stop vessels from transiting the area, it will only
establish certain areas where vessels are prohibited from loitering,
anchoring, stopping, or drifting.

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

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.1D, 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
special local regulation covering less than 3 miles and lasting
approximately 3 days. It will prohibit persons and vessels from
loitering, anchoring, stopping, or drifting more than 100 feet from any
riverbank or act in a manner that impedes the passage of another vessel
to any launching ramp, marina, or fleeting area. It is categorically
excluded from further review under paragraph L61 of Appendix A, Table 1
of DHS Instruction Manual 023-01-001-01, Rev. 01. A Record of
Environmental Consideration supporting this determination is available
in the docket where indicated under ADDRESSES.

G. Protest Activities

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

List of Subjects in 33 CFR Part 100

    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 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233; 33 CFR 1.05-1.

0
2. Add Sec.  100.T08-0224 to read as follows:

Sec.  100.T08-0224   Special Local Regulation; Monongahela, Allegheny,
and Ohio Rivers, Pittsburgh, PA.

    (a) Location. The following is a special local regulation for all
navigable waters of the Allegheny, Monongahela, and Ohio Rivers between
the Ninth Street Highway Bridge at mile marker (MM) 0.8, Allegheny
River, Fort Pitt Highway Bridge at MM 0.22, Monongahela River, and West
End-North Side Highway Bridge at MM 0.8, Ohio River.
    (b) Applicability. This section applies to any vessel operating
within the area, including a naval or public vessel, except a vessel
engaged in:
    (1) Law enforcement;
    (2) Servicing aids to navigation; or
    (3) Surveying, maintaining, or improving waters within the
regulated area.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  100.801, no vessel shall loiter, anchor, stop, moor, remain,
drift, or act in any manner as to impede safe passage of another vessel
to any launching ramp, marina, or fleeting area unless authorized by
the Captain of the Port Marine Safety Unit Pittsburgh (COTP) or a
designated representative.
    (2) No vessel shall loiter, anchor, stop, moor, remain or drift at
any time more than 100 feet from any riverbank within the regulated
area unless authorized by the COTP or a designated representative.
    (3) Persons and vessels seeking entry into the regulated area must
request permission from the COTP or a designated representative. A
designated representative is a commissioned, warrant, or petty officer
of the U.S. Coast Guard assigned to units under the operational control
of USCG Marine Safety Unit Pittsburgh. They may be contacted on VHF-FM
Channel 16.
    (4) Persons and vessels permitted to enter the regulated area must
transit at their slowest safe speed and comply with all lawful
directions issued by the COTP or the designated representative.
    (d) Effective period. This section will be effective from 4 p.m. on
June 1, 2018 through 3 p.m. on June 3, 2018.
    (e) Informational broadcasts. The COTP or a designated
representative will inform the public of the effective period for the
safety zone as well as any changes in the dates and times of
enforcement through Local Notice to Mariners (LNMs), Broadcast Notices
to Mariners (BNMs), and/or Marine Safety Information Bulletins (MSIBs)
as appropriate.

    Dated: May 9, 2018.
L. McClain, Jr.,
Commander, U.S. Coast Guard, Captain of the Port Marine Safety Unit
Pittsburgh.
[FR Doc. 2018-10624 Filed 5-17-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 37 (Monday, February 25, 2013)]
[Notices]
[Pages 12824-12825]
[FR Doc No: 2013-04287]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2002-14116]

Notice of Application for Approval of Discontinuance or
Modification of a Railroad Signal System or Relief From Requirements

    In accordance with Part 235 of Title 49 Code of Federal Regulations
(CFR) and 49 U.S.C. 20502(a), this document provides the public notice
that by a document dated January 21, 2013, the Grand Trunk Western
Railroad Company (GTW), which operates under the trade name of the
Canadian National Railway Company (CN), has petitioned the Federal
Railroad Administration (FRA) for an extension of relief from the
requirements of the rules, standards, and instructions contained in 49
CFR part 236. FRA assigned the petition Docket Number FRA-2002-14116.
    In 2002, CN sought relief from 49 CFR 236.408 so that route locking
need not be provided for the power-operated switches at the 32nd Street
crossover at Milepost 333.28 in the existing traffic control system at
Port Huron, MI, on the Midwest Division, Flint Subdivision. The request
was based on the fact that the design of the 32nd Street crossover is
not uncommon in the railroad industry, and it provides all the
requisite components and safety features of a standard interlocking, or
an electric lock location. FRA issued the initial relief to CN in 2003.
CN subsequently requested an extension of relief, which FRA granted in
2008.
    GTW has operated under this waiver for nearly 10 years without
incident, and it therefore believes that extending this waiver and
making it permanent is appropriate.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey Ave.
SE., W12-140, Washington, DC 20590. The Docket Operations Facility is
open from 9 a.m. to 5 p.m., Monday through Friday, except Federal
Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Web site: http://www.regulations.gov/. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by April 11, 2013 will be considered by FRA
before final action is taken. Comments received after that date will be
considered as far as practicable.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the document,
if submitted on behalf of an association, business, labor union, etc.).
See http://www.regulations.gov/#!privacyNotice for the privacy notice
of regulations.gov

or interested parties may review DOT's complete Privacy Act Statement
in the Federal Register published on April 11, 2000 (65 FR 19477).

    Issued in Washington, DC, on February 20, 2013.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2013-04287 Filed 2-22-13; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register: November 19, 2008 (Volume 73, Number 224)]
[Notices]
[Page 69718-69719]
[DOCID:fr19no08-141]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-26367]

Announcement of Renewal of the Motor Carrier Safety Advisory
Committee Charter; Request for Nominations

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

ACTION: Notice of renewal of advisory committee charter and
reappointment of members; request for member nominations.

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SUMMARY: FMCSA announces the renewal of the charter for its Motor
Carrier Safety Advisory Committee (MCSAC) and the reappointment of 13
of the 15 original members of the Committee, and solicits nominations
for interested persons in the safety enforcement community to serve on
the Committee. The MCSAC was mandated by the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users,
Public Law 109-59; established on September 8, 2006; and, renewed on
September 8, 2008. The Committee is charged with providing advice and
recommendations to the FMCSA Administrator on the needs, objectives,
plans, approaches, content, and accomplishments of Federal motor
carrier safety programs and Federal motor carrier safety regulations.

DATES: Nominations for the MCSAC must be received on or before December
4, 2008.

FOR FURTHER INFORMATION CONTACT: Mr. Jeffrey Miller, Chief, Strategic
Planning and Program Evaluation Division, Office of Policy Plans and
Regulation,<PHONE_NUMBER>, Federal Motor Carrier Safety
Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 4144 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (SAFETEA-LU) (Pub. L.
109-59, August 10, 2005), required the Secretary to establish the
MCSAC. The Committee provides advice and recommendations to the
Administrator of FMCSA on the needs, objectives, plans, approaches,
content, and accomplishments of motor carrier safety programs and motor
carrier safety regulations. The Committee may be comprised of up to 20
members appointed by the Administrator for up to two-year terms. They
are selected from among individuals who are not employees of FMCSA and
who are specially qualified to serve on the Committee based on their
education, training, or experience. The members include representatives
of the motor carrier industry, safety advocates, and safety enforcement
officials. Representatives of a single enumerated interest group may
not constitute a majority of the Committee members. The Administrator
designates a chairman of the Committee from among the members.
Committee members must not be officers or employees of the Federal
Government and will serve without pay. The Administrator may allow a
member, when attending meetings of the Committee or a subcommittee,
reimbursement of expenses authorized under Section 5703 of Title 5,
United States Code and the Federal Travel Regulation, 41 CFR Part 301,
relating to per diem, travel and transportation. FMCSA anticipates
calling Committee meetings at least four times each year. Meetings will
be open to the general public, except as provided under the Federal
Advisory Committee Act (5 U.S.C. App. 2). Notice of each meeting will
be published in the Federal Register at least 15 calendar days prior to
the date of the meeting.
    On March 5, 2007, the Administrator appointed motor carrier sector
representatives John M. Bauer (Kohl's Corporation), Clyde J. Hart
(American Bus Association), David J. Osiecki (American Trucking
Associations), Robert G. Petrancosta (Conway Freight), J. Todd Spencer
(Owner Operators Independent Drivers Association); safety advocacy
representatives Michael T. Irwin (Michigan Center for Truck Safety),
Stephen C. Owings (Road Safe America), David R. Parker (Great West
Casualty Company), Lester B. Sokolowski (National Safety Council),
Judith Lee Stone (Advocates for Highway and Auto Safety); and safety
enforcement representatives Michael Greene (Columbia Machine Works,
Incorporated), Lt. Colonel Terry L. Maple (Kansas Highway Patrol),
Captain Robert R. Powers (Michigan State Police), Karen Sain (North
Carolina Highway Patrol), and Roger Vanderpool (Arizona Department of
Public Safety) to the Committee. Their terms expired on September 30,
2008.
    On October 1, 2008, the Administrator reappointed motor carrier
sector representatives John M. Bauer, Clyde J. Hart, David J. Osiecki,
Robert G. Petrancosta, J. Todd Spencer; safety advocacy representatives
Michael T. Irwin, Stephen C. Owings, David R. Parker, Lester B.
Sokolowski, Judith Lee Stone; and, safety enforcement representatives
Lt. Colonel Terry L. Maple, Captain Robert R. Powers, and Roger
Vanderpool, for two-year terms, ending September 30, 2010.

II. Motor Carrier Safety Advisory Committee Charter [This is the Text
of the Charter That the Department of Transportation Filed With the
General Services Administration on September 8, 2008.]

    1. Purpose: This charter renews the Motor Carrier Safety Advisory
Committee and provides for its operation in accordance with provisions
of the Federal Advisory Committee Act (FACA), as amended (5 U.S.C.); 41
CFR Part 102-3; DOT Order 1120.3B; and Section 4144 of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
for Users, Pub. L. 109-59. The charter also sets forth the principles
governing the committee's operation.
    2. Scope and Objectives: The committee will provide advice and
recommendations to the Administrator of the Federal Motor Carrier
Safety Administration (FMCSA) on motor carrier safety programs and
motor carrier safety regulations.
    3. Duties: The members of the committee shall:
    a. Attend committee meetings.

    b. Gather information as necessary to discuss issues presented by
the Designated Federal Official (DFO).
    c. Deliberate.
    d. Provide written consensus advice to the Administrator.
    4. Support: The Administrator shall provide support staff for the
committee. On request of the committee, the Administrator shall provide
information, administrative services, and supplies that the
Administrator considers necessary for the committee to carry out its
duties and powers. The FMCSA's Strategic Planning and Program
Evaluation Division shall furnish support services for the operation of
the committee.
    5. Designated Federal Officer and Sponsor: The DFO for the
committee and its subcommittees is FMCSA's Associate Administrator for
Policy and Program Development or his or her designee. The DFO shall
designate an independent facilitator for advisory committee meetings.
The committee sponsor is FMCSA's Director for the Office of Policy
Plans and Regulation, or his or her designee.
    6. Cost: The annual operating costs associated with the committee's
functions are estimated to be $150,000 including all direct and
indirect expenses. We estimate that .25 part-time equivalent positions
will be required to support the committee.
    7. Membership: The committee shall be comprised of up to 20 members
(special government employees and/or representatives) appointed by the
Administrator for up to two-year terms. Members serve at the pleasure
of the Administrator, subject to their stated terms. Members may be
reappointed to one or more consecutive terms. Members will be selected
from among individuals who are not employees of FMCSA and who are
specially qualified to serve on the committee based on their education,
training, or experience. The members shall include representatives of
the motor carrier industry, safety advocates, and safety enforcement
officials. Representatives of a single enumerated interest group may
not constitute a majority of the committee. Members may continue to
serve until appointment of their replacements.
    8. Officers: The Administrator shall designate a chairman among
members of the committee.
    9. Organization: The chairman may recommend subcommittees subject
to approval of the Agency. Subcommittees will be established for
limited purposes within the scope and objectives of the full committee.
The chairman of any subcommittee shall be a member of the full
committee and shall be appointed by the full committee chairman with
the approval of the DFO. Members of a subcommittee may be appointed
from any source by the full committee chairman with the approval of the
DFO. Members of a subcommittee do not become members of the full
committee and are not eligible for expenses under item 10 of this
charter. Subcommittees will submit all recommendations only to the full
committee. Subcommittees may be terminated by the full committee
chairman, subject to approval by the DFO.
    10. Compensation for Members: Committee members are not officers or
employees of the Federal Government and shall serve without pay; except
that the Administrator may allow a member, when attending meetings of
the committee or a subcommittee, reimbursement of expenses authorized
under Section 5703 of Title 5, United States Code, and the Federal
Travel Regulation, 41 CFR Part 301, relating to per diem, travel, and
transportation. All travel by individual members when engaged in
official committee business shall be approved in advance by the DFO,
and arranged and funded by the sponsor.
    11. Meetings: The DFO anticipates calling committee meetings at
least four times each year. The agenda for all meetings shall be set by
the DFO. Meetings shall be open to the general public, except as
provided under FACA. Notice of each meeting shall be published in the
Federal Register at least 15 calendar days prior to the date of the
meeting. Notice shall include the meeting agenda. The DFO or his or her
designee shall attend and preside at each meeting. The DFO or his or
her designee shall adjourn any meeting when determined to be in the
public interest. Detailed minutes of each meeting shall be certified by
the DFO or his or her designee and maintained by the sponsor. The
minutes, as certified, shall be available for public inspection and
copying in the office of the sponsor.
    12. Reports: All committee and subcommittee reports and
recommendations shall be submitted by the chairman to FMCSA's
Administrator through the DFO or his or her designee. The DFO or his or
her designee shall direct the committee to prepare such documents and
any other reports. Within 60 days following the last meeting of each
fiscal year, the DFO or his or her designee shall submit to FMCSA's
Administrator an annual report describing the committee's membership,
activities, and accomplishments for the year. Committee and
subcommittee reports and other documents, which are made available to
or prepared by the committee, shall be included in FMCSA's public
docket and shall be available for public inspection and copying in
accordance with the Freedom of Information Act (5 U.S.C. 552).
    13. Date of Termination: The committee shall terminate on September
30, 2010.
    14. Charter Filing Date: The filing date of this charter is
September 8, 2008, which is also the charter's effective date. The
Motor Carrier Safety Advisory Committee will terminate two years after
this date unless prior to that time the charter is extended in
accordance with the FACA and other applicable requirements.

III. Request for Nominations

    FMCSA seeks nominations for membership to MCSAC from
representatives of the safety enforcement sector with specialized
experience, education, or training in commercial motor vehicle issues;
there are two vacancies. The Agency is committed to appointing members
to the Committee with diverse professional backgrounds, as well as a
broad array of gender, ethnicity, demographic, and socioeconomic
factors. All Committee members must be able to attend three to four
meetings each year in Washington, DC, or by teleconference, and spend
approximately five to six hours each month providing additional
consultation. Interested persons should have a commitment to
transportation safety, knowledge of transportation issues, experience
on panels that deal with transportation safety and a record of
collaboration and professional experience in commercial motor vehicle
issues.
    For nomination information or a nomination application, please
contact Karen Lynch at<PHONE_NUMBER>, or by e-mail at
<EMAIL_ADDRESS>Nominations must be received on or before December
4, 2008.

    Issued on: November 7, 2008.
Rose A. McMurray,
Chief Safety Officer, Assistant Administrator.
[FR Doc. E8-27385 Filed 11-18-08; 8:45 am]

BILLING CODE 4910-EX-P


[Federal Register: May 24, 2007 (Volume 72, Number 100)]
[Notices]
[Page 29158-29159]
[DOCID:fr24my07-69]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12757-000]

Bost4 Hydroelectric LLC; Notice of Application Accepted for
Filing and Soliciting Motions To Intervene, Protests and Comments

May 17, 2007.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Preliminary Permit.
    b. Project No.: 12757-000.
    c. Date Filed: December 12, 2006.
    d. Applicant: Bost4 Hydroelectric LLC.
    e. Name of Project: Red River Lock & Dam No. 4 Hydroelectric
Project.
    f. Location: The proposed project would utilize the existing U.S.
Army Corps of Engineers' Red River Lock & Dam 4 and would be
located on the Red River in Red River Parish, Louisiana.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mr. Robert Larson, Bost4 Hydroelectric LLC,
c/o Gray, Plant, Mooty, Mooty, & Bennett, 80 South 8th Street, Suite
500, Minneapolis, MN 55402,<PHONE_NUMBER>.
    i. FERC Contact: Patricia W. Gillis at<PHONE_NUMBER>.
    j. Deadline for filing comments, protests, and motions to
intervene: 60 days from the issuance date of this notice.
    k. All documents (original and eight copies) should be filed with
the Secretary, Federal Energy Regulatory Commission, 888 First Street,
NE., Washington, DC 20426. Please include the project number (P-12757-
000) on any comments, protests, or motions filed.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency. A copy
of any motion to intervene must also be served upon each representative
of the Applicant specified in the particular application.
    l. Description of Project: The proposed project would use the
existing U.S. Army Corps of Engineers' Red River Lock and Dam No. 4 and
consist of: (1) Five proposed penstocks; (2) a proposed powerhouse
containing five generating units with a total installed capacity of 27-
megawatts; (3) a proposed 500-foot-long, 14.7-kilovolt transmission
line; and (4) appurtenant facilities. The proposed project would have
an estimated annual generation of approximately 166-gigawatt-hours. The
applicant plans to sell the generated energy to a local utility.
    m. Location of Application: A copy of the application is available
for inspection and reproduction at the Commission in the Public
Reference Room, located at 888 First Street, NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at http://www.ferc.gov using the

``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3676 or e-mail
<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>. A copy is

also available for inspection and reproduction at the address in item h
above.
    n. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    o. Competing Preliminary Permit--Anyone desiring to file a
competing application for preliminary permit for a proposed project
must submit the competing application itself, or a notice of intent to
file such an application, to the Commission on or before the specified
comment date for the particular application (see 18 CFR 4.36).
Submission of a timely notice of intent allows an interested person to
file the competing preliminary permit application no later than 30 days
after the specified comment date for the particular application. A
competing preliminary permit application must conform with 18 CFR
4.30(b) and 4.36.
    p. Competing Development Application--Any qualified development
applicant desiring to file a competing development application must
submit to the Commission, on or before a specified comment date for the
particular application, either a competing development application or a
notice of intent to file such an application. Submission of a timely
notice of intent to file a development application allows an interested
person to file the competing application no later than 120 days after
the specified comment date for the particular application. A competing
license application must conform with 18 CFR 4.30(b) and 4.36.
    q. Notice of Intent--A notice of intent must specify the exact
name, business address, and telephone number of the prospective
applicant, and must include an unequivocal statement of intent to
submit, if such an application may be filed, either a preliminary
permit application or a development application (specify which type of
application). A notice of intent must be served on the applicant(s)
named in this public notice.
    r. Proposed Scope of Studies under Permit--A preliminary permit, if
issued, does not authorize construction. The term of the proposed
preliminary permit would be 36 months. The work proposed under the
preliminary permit would include economic analysis, preparation of
preliminary engineering plans, and a study of environmental impacts.
Based on the results of these studies, the Applicant would decide
whether to proceed with the preparation of a development application to
construct and operate the project.
    s. Comments, Protests, or Motions to Intervene--Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified

comment date for the particular application.
    t. Filing and Service of Responsive Documents--Any filings must
bear in all capital letters the title ``COMMENTS'', ``PROTEST'',
``MOTION TO INTERVENE'', ``NOTICE OF INTENT'', or ``COMPETING
APPLICATION'', as applicable, and the Project Number of the particular
application to which the filing refers. Any of the above-named
documents must be filed by providing the original and the number of
copies provided by the Commission's regulations to: The Secretary,
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. A copy of any motion to intervene must also be
served upon each representative of the Applicant specified in the
particular application.
    u. Agency Comments--Federal, State, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.
    v. Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and
the instructions on the Commission's Web site at http://www.ferc.gov

under the ``e-Filing'' link.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-9997 Filed 5-23-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 175 (Tuesday, September 12, 2017)]
[Notices]
[Page 42808]
[FR Doc No: 2017-19248]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER17-2429-000]

Just Energy Texas I Corp.; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding,
of Just Energy Texas I Corp.'s application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is September 26, 2017.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the Web site that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For TTY,
call<PHONE_NUMBER>.

    Dated: September 6, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-19248 Filed 9-11-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 42 (Monday, March 4, 2013)]
[Rules and Regulations]
[Pages 14005-14007]
[FR Doc No: 2013-04855]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2012-1211; Special Conditions No. 25-486-SC]

Special Conditions: Embraer S.A., Model EMB-550 Airplanes; Flight
Envelope Protection: Pitch and Roll Limiting Functions

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions.

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SUMMARY: These special conditions are issued for the Embraer S.A. Model
EMB-550 airplane. This airplane will have a novel or unusual design
feature associated with pitch and roll limiting functions, specifically
an electronic flight control system which contains fly-by-wire control
laws, including envelope protections. The applicable airworthiness
regulations do not contain adequate or appropriate safety standards for
this design feature. These special conditions contain the additional
safety standards that the Administrator considers necessary to
establish a level of safety equivalent to that established by the
existing airworthiness standards.

DATES: Effective Date: April 3, 2013.

FOR FURTHER INFORMATION CONTACT: Joe Jacobsen, FAA, Airplane and Flight
Crew Interface Branch, ANM-111, Transport Airplane Directorate,
Aircraft Certification Service, 1601 Lind Avenue SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; facsimile<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background

    On May 14, 2009, Embraer S.A. applied for a type certificate for
their new Model EMB-550 airplane. The Model EMB-550 airplane is the
first of a new family of jet airplanes designed for corporate flight,
fractional, charter, and private owner operations. The aircraft has a
conventional configuration with a low wing and T-tail empennage. The
primary structure is metal with composite empennage and control
surfaces. The Model EMB-550 airplane is designed for 8 passengers, with
a maximum of 12 passengers. It is equipped with two Honeywell

HTF7500-E medium bypass ratio turbofan engines mounted on aft fuselage
pylons. Each engine produces approximately 6,540 pounds of thrust for
normal takeoff. The primary flight controls consist of hydraulically
powered fly-by-wire elevators, aileron and rudder, controlled by the
pilot or copilot sidestick.
    The airworthiness standards in Title 14, Code of Federal
Regulations (14 CFR) part 25 do not specifically relate to flight
characteristics associated with fixed attitude limits. Embraer S.A.
will implement pitch and roll attitude protection functions through the
normal modes of the electronic flight control system that will provide
speed stability for high and low pitch angles. These functions also
provide strong spiral stability for roll angles at high bank angles. In
addition, bank angle limiting is introduced at speeds greater than
VMO/MMO, up to VDF/MDF.

Type Certification Basis

    Under the provisions of 14 CFR 21.17, Embraer S.A. must show that
the Model EMB-550 airplane meets the applicable provisions of part 25,
as amended by Amendments 25-1 through 25-127 thereto.
    If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Model EMB-550 airplane because of
a novel or unusual design feature, special conditions are prescribed
under the provisions of Sec.  21.16.
    Special conditions are initially applicable to the model for which
they are issued. Should the type certificate for that model be amended
later to include any other model that incorporates the same or similar
novel or unusual design feature, the special conditions would also
apply to the other model under Sec.  21.101.
    In addition to the applicable airworthiness regulations and special
conditions, the Model EMB-550 airplane must comply with the fuel vent
and exhaust emission requirements of 14 CFR part 34 and the noise
certification requirements of 14 CFR part 36 and the FAA must issue a
finding of regulatory adequacy under section 611 of Public Law 92-574,
the ``Noise Control Act of 1972.''
    The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec.  11.38, and they become part of the type-
certification basis under Sec.  21.17(a)(2).

Novel or Unusual Design Features

    The Model EMB-550 airplane will incorporate the following novel or
unusual design feature: An electronic flight control system which
contains fly-by-wire control laws, including envelope protections,
which were not envisioned when part 25 was written.

Discussion

    We expect that high thrust-to-weight ratios will provide the most
critical cases for the positive pitch limit. A margin in pitch control
must be available to enable speed control in maneuvers such as climb
after takeoff and balked landing climb. The pitch limit must not impede
likely maneuvering made necessary by collision avoidance efforts. A
negative pitch limit must similarly not interfere with collision
avoidance capability or with attaining and maintaining speeds near
VMO/MMO for emergency descent.
    Spiral stability must not restrict attaining roll angles up to 65
degrees (i.e., an approximately 2.4g-level turn). This force must not
require excessive pilot strength as stated in Sec.  25.143(f).
    These special conditions contain the additional safety standards
that the Administrator considers necessary to establish a level of
safety equivalent to that established by the existing airworthiness
standards.

Discussion of Comments

    Notice of proposed special conditions No. 25-12-10-SC for the
Embraer S.A. Model EMB-550 airplanes was published in the Federal
Register on November 20, 2012 (77 FR 69569). We received one comment
from Mr. Sokolow, who stated that these types of rules should be
generic and not pertain to one model. He said that it splinters the
regulations and can lead to abuse.
    We acknowledge Mr. Sokolow's concerns about issuing regulations for
individual models. In the case of new technlogy or new designs that are
not covered in the regulations, the FAA issues special conditions that
are applicable to only one model of airplane. The Embraer S.A. Model
EMB-550 airplane will have a novel or unusual design feature associated
with pitch and roll limiting functions, specifically an electronic
flight control system which contains fly-by-wire control laws,
including envelope protections. The applicable airworthiness
regulations do not contain adequate or appropriate safety standards for
this design feature. These special conditions contain the additional
safety standards that the Administrator considers necessary to
establish a level of safety equivalent to that established by the
existing airworthiness standards.
    We agree with the commenter that the FAA should issue general
rulemaking to cover general issues that affect many types of airplanes.
Currently, the FAA is tasking an Aviation Rulemaking Advisory Committee
(ARAC) to address this and other similar requirements for electronic
flight control systems (EFCS). The goal is to develop general rules
that could be applied to all designs. In the meantime, however, we will
continue to issue special conditions to ensure an adequate level of
safety for specific EFCS design features.
    We are adopting the special conditions as proposed.

Applicability

    As discussed above, these special conditions are applicable to the
Model EMB-550 airplane. Should Embraer S.A. apply at a later date for a
change to the type certificate to include another model incorporating
the same novel or unusual design feature, the special conditions would
apply to that model as well.

Conclusion

    This action affects only certain novel or unusual design features
on one model of airplanes. It is not a rule of general applicability.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

    The authority citation for these special conditions is as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701, 44702, 44704.

The Special Conditions

0
Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the type certification basis for Embraer S.A. Model EMB-550 airplanes.
    In addition to Sec.  25.143, the following requirements apply:
    1. Flight Envelope Protection: Pitch and Roll Limiting Functions.
    a. The pitch limiting function must not impede normal maneuvering
for pitch angles up to the maximum required for normal maneuvering,
including a normal all-engines operating takeoff, plus a suitable
margin to allow for satisfactory speed control.
    b. The pitch and roll limiting functions must not restrict or
prevent attaining pitch attitudes necessary for emergency maneuvering
or roll angles up to 66 degrees with flaps up, or 60 degrees with flaps
down. Spiral

stability, which is introduced above 33 degrees roll angle, must not
require excessive pilot strength to achieve these roll angles. Other
protections, which further limit the roll capability under certain
extreme angle of attack or attitude or high speed conditions, are
acceptable, as long as they allow at least 45 degrees of roll
capability.
    c. A lower limit of roll is acceptable beyond the overspeed warning
if it is possible to recover the aircraft to the normal flight envelope
without undue difficulty or delay.

    Issued in Renton, Washington, on February 26, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-04855 Filed 3-1-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 178 (Friday, September 15, 2023)]
[Notices]
[Pages 63647-63648]
[FR Doc No: 2023-19976]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2022-0002-N-24]

Proposed Agency Information Collection Activities; Comment
Request

AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).

ACTION: Notice of information collection; request for comment.

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SUMMARY: Under the Paperwork Reduction Act of 1995 (PRA) and its
implementing regulations, this notice announces that FRA is forwarding
the Information Collection Request (ICR) summarized below to the Office
of Management and Budget (OMB) for review and comment. The ICR
describes the information collection and its expected burden. On
November 14, 2022, FRA published a notice providing a 60-day period for
public comment on the ICR.

DATES: Interested persons are invited to submit comments on or before
October 16, 2023.

ADDRESSES: Written comments and recommendations for the proposed ICR
should be sent within 30 days of publication of this notice to
www.reginfo.gov/public/do/PRAMain. Find the particular ICR by selecting
``Currently under 30-day Review--Open for Public Comments'' or by using
the search function.

FOR FURTHER INFORMATION CONTACT: Ms. Arlette Mussington, Information
Collection Clearance Officer, at email: [email protected] or
telephone:<PHONE_NUMBER>, or Ms. Joanne Swafford, Information
Collection Clearance Officer, at email: [email protected] or
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The PRA, 44 U.S.C. 3501-3520, and its
implementing regulations, 5 CFR part 1320, require Federal agencies to
issue two notices seeking public comment on information collection
activities before OMB may approve paperwork packages. See 44 U.S.C.
3506, 3507; 5 CFR 1320.8 through 1320.12. On November 14, 2022, FRA
published a 60-day notice in the Federal Register soliciting comment on
the ICR for which it is now seeking OMB approval. See 87 FR 68226. FRA
received one comment from the Association of American Railroads (AAR)
related to the proposed collection of information.
    On January 13, 2023, AAR submitted a spreadsheet containing
suggestions for changes to the proposed collection. AAR's suggestions
fell into three categories: (1) changes to the data validation and
listed options, (2) options to fill in a cell with a blank, ``N/A'', or
``Other'' if there was not a valid option in the proposed list, and (3)
general changes to the form's instructions to improve clarity.
    For data validation and listed options, AAR asked that the software
version numbers allow for free text, so versions such as ``<IP_ADDRESS>''
be allowed rather than just numbers with a single decimal point, such
as 6.3. The restrictions on the cell were removed to allow for free
text entry. AAR additionally asked that, for ``Type of Reportable
Issue'', a listed option be changed to ``Previously Unidentified
Hazard'' from the incorrectly listed prior two options that stated
``Previously'' and ``Unidentified Hazard.'' In the dropdown list, the
two original line items were combined into ``Previously Unidentified
Hazard'' to correct for the typographical error.
    AAR asked for the option to fill in many cells with ``N/A'', a
blank, or provide an ``Other'' option to record additional entries
outside of the original list. Doing so would allow for cases where an
entity might not know the information requested but could provide an
answer to the form rather than leaving it blank. For example, positive
train control (PTC) Suppliers or Vendors do not often know confidential
information about the railroad, such as mile posts or track segment
designations, and this option would allow them to submit without
knowing milepost or track segment associated with the failure. The
following sections now allow for ``N/A'' or ``Other'' options:
``Affected Railroad, Supplier or Vendor'', ``Track Segment'', and
``Nature of Failure''.
    Additionally, several of the form instructions were clarified or
elaborated on as requested by AAR. The revisions did not require
changing the context of a cell, but rather allowed for multiple cases
and a better understanding of what FRA is asking for within the form.
The following sections were updated: ``Submission Instructions'',
``Additional Affected Railroad(s), Supplier(s), or Vendor(s).'' As the
``Submission Instructions'' were updated, FRA elected not to revise the
instructions next to the cells themselves as the revisions that were
made were sufficient.
    Finally, AAR made two suggestions that FRA did not act on. First,
AAR recommended removing the ``Estimated Date to Correct Failure''
field. However, this is required per regulatory compliance, so FRA has
not removed this field. Second, AAR noted that the proposed form cells
need to ``grow'' as text is entered. FRA conducted testing on several
noted cells, such as the ``Synopsis'' field, and confirmed that the
field did expand as the user entered more text.
    Before OMB decides whether to approve the proposed collection of
information, it must provide 30 days for public comment. Federal law
requires OMB to approve or disapprove paperwork packages between 30 and
60 days after the 30-day notice is published. 44 U.S.C. 3507(b)-(c); 5
CFR 1320.12(a); see also 60 FR 44978, 44983 (Aug. 29, 1995). OMB
believes the 30-day notice informs the regulated community to file
relevant comments and affords the agency adequate time to digest public
comments before it renders a decision. 60 FR 44983 (Aug. 29, 1995).
Therefore, respondents should submit their respective comments to OMB
within 30 days of publication.
    Comments are invited on the following ICR regarding: (1) whether
the information collection activities are necessary for FRA to properly
execute its functions, including whether the information will have
practical utility; (2) the accuracy of FRA's estimates of the burden of
the information collection activities, including the validity of the
methodology and assumptions used to determine the estimates; (3) ways
for FRA to enhance the quality, utility, and clarity of the information
being collected; and (4) ways to minimize the burden of information
collection activities on the public, including the use of automated
collection techniques or other forms of information technology.
    The summary below describes the ICR that FRA will submit for OMB
clearance as the PRA requires:
    Title: Positive Train Control and Other Signal Systems.
    OMB Control Number: 2130-0553.
    Abstract: FRA's regulations require that both railroads and PTC
vendors and suppliers notify FRA of certain PTC system errors and
malfunctions. 49 CFR 236.1023. For example, railroads must maintain a
database of all safety-relevant hazards identified in their PTC Safety
Plans (PTCSP) and those that had not previously been identified in
their PTCSPs. 49 CFR 236.1023(e). If the frequency of a safety-relevant
hazard exceeds the thresholds in a railroad's PTCSP, or such hazard has
not been previously identified in a railroad's risk analysis, then the
railroad must notify FRA of the failure, malfunction, or defective
condition that decreased or eliminated the safety functionality of

the railroad's PTC system. 49 CFR 236.1023(e)(1). In addition, FRA's
regulations require PTC vendors and suppliers to notify FRA of any
safety-relevant failure, defective condition, or previously
unidentified hazard discovered by the vendor or supplier and the
identity of each affected and notified railroad. 49 CFR 236.1023(h)(2).
Currently, each railroad or PTC vendor and supplier that must submit
notifications of such a failure, malfunction, or defective condition
does so by emailing the information to an FRA inbox
([email protected]). The information is sent in
different formats by each railroad or PTC supplier and vendor because
there is currently no standardized form.
    Therefore, FRA is hereby proposing to standardize the reporting
process required by 49 CFR 236.1023(e)(1), (h), and (f) by creating the
Errors and Malfunctions Notification Form (Form FRA F 6180.179), which
is one part of the existing information collection request under OMB
Control No. 2130-0553. This proposed Form FRA F 6180.179 will be in an
Excel format and will make it easier for the entities to notify FRA of
each applicable failure, malfunction, or defective condition, and for
FRA to synthesize and act on the reported failure. The Errors and
Malfunctions Notification Form would not change the requirements that
each railroad or PTC supplier and vendor currently must follow to
notify FRA of each reportable failure, malfunction, or defective
condition. See, e.g., 49 CFR 236.1023(e), (h), and (f). The proposed
Form FRA F 6180.179 would be submitted to
[email protected] within the 15-day deadline under 49
CFR 236.1023(f)(1).
    With the current reporting process, FRA estimated that each
notification would take 8 hours to prepare. With the new standardized
Form, FRA estimates that, on average, each notification will be reduced
to 7.5 hours to prepare if the railroad or PTC supplier or vendor uses
the FRA-provided Excel Form. This estimate is based on the fact that
the proposed new Form FRA F 6180.179 offers drop-down menus that would
allow railroads or PTC suppliers and vendors to select an answer from
an established list instead of creating each answer from scratch. The
revised burden would also account for the review of the instructions in
the FRA-provided Excel Form. Thus, FRA estimates that by creating this
Form, the total annual burden hours will decrease by 14 hours.\1\
---------------------------------------------------------------------------

    \1\ The current inventory exhibits a total burden of 51,993
hours and 4,567,826 responses, while the total burden in this notice
is 51,930 hours and 4,567,826 responses. As noted in the 60-day FRN,
the decrease in burden is due to the proposed standardized reporting
process using FRA F 6180.179 and in this notice, FRA has made
adjustments to correct rounding errors in previously reported burden
hours.
---------------------------------------------------------------------------

    Type of Request: Revision to a currently approved collection.
    Affected Public: Businesses.
    Form(s): FRA F 6180.179 (new form) and FRA F 6180.152 (existing
form).\2\
---------------------------------------------------------------------------

    \2\ OMB-approved form FRA F 6180.152 remains unchanged.
---------------------------------------------------------------------------

    Respondent Universe: 742 railroads and 10 vendors.\3\
---------------------------------------------------------------------------

    \3\ While included in the PRA table published, FRA inadvertently
did not include the 10 vendors as part of the respondent universe
summary.
---------------------------------------------------------------------------

    Frequency of Submission: On occasion.
    Total Estimated Annual Responses: 4,567,826.
    Total Estimated Annual Burden: 51,930 hours.
    Total Estimated Annual Burden Hour Dollar Cost Equivalent:
$4,324,155.
    FRA informs all interested parties that it may not conduct or
sponsor, and a respondent is not required to respond to, a collection
of information that does not display a currently valid OMB control
number.
    Authority: 44 U.S.C. 3501-3520.

Christopher S. Van Nostrand,
Acting Deputy Chief Counsel.
[FR Doc. 2023-19976 Filed 9-14-23; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register: February 24, 2010 (Volume 75, Number 36)]
[Proposed Rules]
[Page 8285-8286]
[DOCID:fr24fe10-16]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2010-0054; Airspace Docket No. 10-ASO-11]

Establishment of Class D Airspace, Modification of Class E
Airspace; Columbus, GA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to establish Class D airspace and modify
existing Class E airspace at Columbus Metropolitan Airport, Columbus,
GA. A decrease in air traffic volume at the airport has made it
necessary to downgrade controlled airspace for the safety and
management of Instrument Flight Rules (IFR) and Visual Flight Rules
(VFR) operations.

DATES: Comments must be received on or before April 12, 2010.

ADDRESSES: Send comments on this proposal to: U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001;
Telephone: 1-800-647-5527; Fax:<PHONE_NUMBER>. You must identify the
Docket Number FAA-2010-0054; Airspace Docket No. 10-ASO-11, at the
beginning of your comments. You may also submit and review received
comments through the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Melinda Giddens, Airspace Specialist,
Operations Support Group, Eastern Service Center, Air Traffic
Organization, Federal Aviation Administration, P.O. Box 20636, Atlanta,
Georgia 30320; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to comment on this rule 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 2010-0054; Airspace Docket No. 10-ASO-11) and be submitted in
triplicate to the Docket Management System (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at  http://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 Docket
No. FAA-2010-0054; Airspace Docket No. 10-ASO-11.'' The postcard will
be date/time stamped and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded from and
comments submitted through http://www.regulations.gov. Recently
published rulemaking documents can also be accessed through the FAA's
Web page at http://www.faa.gov/airports_airtraffic/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 the ADDRESSES section for address and phone number) between
9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. An
informal docket may also be examined during normal business hours at
the office of the Eastern Service Center, Federal Aviation
Administration, Room 210, 1701 Columbia Avenue, College Park, Georgia
30337.
    Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>, to
request a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    The FAA is considering an amendment to Title 14, Code of Federal
Regulations (14 CFR) part 71 to establish Class D airspace and modify
existing Class E airspace at Columbus, GA. Due to a decrease in air
traffic volume at Columbus Metropolitan Airport a less restrictive
Class D airspace would be established with specific dates and times
established in advance by a Notice to Airmen. The existing Class E
surface area would be modified to be coincident with the newly
established Class D airspace. The existing Class E airspace extending
upward from 700 feet above the surface would be modified for the safety
and management of IFR operations. Lawson Army Airfield, Columbus, GA,
would be removed from the Class E2 and E5 airspace description, and
would be re-established under separate rulemaking.
    Class D airspace designations, Class E2 surface airspace
designations and Class E5 designations are published in Paragraphs
5000, 6002 and 6005, respectively, of FAA Order 7400.9T, signed August
27, 2009, and effective September 15, 2009, which is incorporated by
reference in 14 CFR

71.1. The Class D and E airspace designations listed in this document
would be published subsequently in the Order.
    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 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, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the 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 proposed rulemaking is promulgated under the authority
described in Subtitle VII, Part, A, Subpart I, Section 40103. Under
that section, the FAA is charged with prescribing regulations to assign
the use of airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This proposed regulation is within the scope
of that authority as it would establish Class D airspace and modify
existing Class E airspace at Columbus Metropolitan Airport, Columbus,
GA.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, 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

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

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

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of Federal
Aviation Administration Order 7400.9T, Airspace Designations and
Reporting Points, signed August 27, 2009, and effective September 15,
2009, is amended as follows:

Paragraph 5000 Class D Airspace

* * * * *

ASO GA D Columbus, GA [NEW]

Columbus Metropolitan Airport, GA
    (Lat. 32[deg]30[min]59[sec] N., long. 84[deg]56[min]20[sec] W.)

    That airspace extending upward from the surface to and including
2,500 feet MSL within a 4.4-mile radius of the Columbus Metropolitan
Airport and that airspace within 1 mile each side of the 234[deg]
bearing from the airport, extending from the 4.4-mile radius to 5
miles southwest of the airport. This Class D airspace is effective
during the specific dates and times established in advance by a
Notice to Airmen. The effective date and time will thereafter be
continuously published in the Airport/Facility Directory.
* * * * *

Paragraph 6002 Class E Airspace Designated as Surface Areas.

* * * * *

ASO GA E2 Columbus, GA [Amended]

Columbus Metropolitan Airport, GA
    (Lat. 32[deg]30[min]59[sec] N., long. 84[deg]56[min]20[sec] W.)

    Within a 4.4-mile radius of the Columbus Metropolitan Airport
and that airspace within 1 mile each side of the 234[deg] bearing
from the airport, extending from the 4.4-mile radius to 5 miles
southwest of the airport. This Class E airspace area is effective
during the specific dates and times established in advance by a
Notice to Airmen. The effective date and time will thereafter be
continuously published in the Airport/Facility Directory.
* * * * *

Paragraph 6005 Class E Airspace Areas Extending Upward from 700
feet or More Above the Surface of the Earth.

* * * * *

ASO GA E5 Columbus, GA [Amended]

Columbus Metropolitan Airport, GA
    (Lat. 32[deg]30[min]59[sec] N., long. 84[deg]56[min]20[sec] W.)

    That airspace extending upward from 700 feet above the surface
within a 6.8-mile radius of the Columbus Metropolitan Airport and
that airspace within 1 mile each side each side of the 234[deg]
bearing from the airport, extending from the 6.8-mile radius to 7.3-
miles southwest of the airport.

    Issued in College Park, Georgia, on February 5, 2010.
Barry A. Knight,
Acting Manager, Operations Support Group, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2010-3737 Filed 2-23-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 67 (Tuesday, April 7, 2020)]
[Notices]
[Page 19496]
[FR Doc No: 2020-07270]

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

Federal Emergency Management Agency

[Docket ID: FEMA-2020-0010; OMB No. 1660-0033]

Agency Information Collection Activities: Proposed Collection;
Comment Request; Residential Basement Floodproofing Certification

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice and request for comments.

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

SUMMARY: The Federal Emergency Management Agency, as part of its
continuing effort to reduce paperwork and respondent burden, invites
the general public to take this opportunity to comment on an extension,
without change, of a currently approved information collection. In
accordance with the Paperwork Reduction Act of 1995, this notice seeks
comments concerning information collected for eligible properties
insured under the National Flood Insurance Program (NFIP) policies to
certify the floodproofing of residential basements.

DATES: Comments must be submitted on or before June 8, 2020.

ADDRESSES: To avoid duplicate submissions to the docket, please use
only one of the following means to submit comments:
    (1) Online. Submit comments at www.regulations.gov under Docket ID
FEMA-2020-0010. Follow the instructions for submitting comments.
    (2) Mail. Submit written comments to Docket Manager, Office of
Chief Counsel, DHS/FEMA, 500 C Street SW, 8NE, Washington, DC 20472-
3100.
    All submissions received must include the agency name and Docket
ID. Regardless of the method used for submitting comments or material,
all submissions will be posted, without change, to the Federal
eRulemaking Portal at http://www.regulations.gov, and will include any
personal information you provide. Therefore, submitting this
information makes it public. You may wish to read the Privacy and
Security Notice that is available via the link on the homepage of
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Joycelyn Collins, Underwriting Branch
Program Analyst, Federal Insurance Directorate,<PHONE_NUMBER>. You may
contact the Information Management Division for copies of the proposed
collection of information at email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The National Flood Insurance Program (NFIP)
is authorized by Public Law 90-448 (1968) and expanded by Public Law
93-234 (1973) and requires that the Federal Emergency Management Agency
(FEMA) provide flood insurance. FEMA delineates flood zones on a Flood
Insurance Rate Map to identify Special Flood Hazard Areas (SFHAs) in a
community. Title 44 CFR 60.3(c)(2) requires that all new construction
and substantial improvements of residential structures within SFHA
Zones A1-30, AE and AH zones have the lowest floor, including the
basement, elevated to or above the base flood level unless an exception
is granted. Title 44 CFR 60.6(a)(7) and 44 CFR 60.6(b)(1) allow
communities to apply for an exception when circumstances present a
hardship that would not allow for adherence to the requirement for
elevation above the base flood level. This exception must meet the
conditions set forth in 44 CFR 60.6(c). When owners of residential
structures in these zones are seeking flood insurance, they must be
certified that the structural design is floodproof.

Collection of Information

    Title: Residential Basement Floodproofing Certification.
    Type of Information Collection: Extension, without change, of a
currently approved information collection.
    OMB Number: 1660-0033.
    FEMA Forms: FEMA Form 086-0-24, Residential Basement Floodproofing
Certification.
    Abstract: The Residential Basement Floodproofing Certification,
completed by a registered professional surveyor, engineer, or
architect, is required to certify that floodproofing of a structure
meets at least minimal floodproofing specifications. Residential
structures that receive this certification are granted reduced rates on
flood insurance premiums.
    Affected Public: Business or other for-profit.
    Estimated Number of Respondents: 10.
    Estimated Number of Responses: 10.
    Estimated Total Annual Burden Hours: 32.5.
    Estimated Total Annual Respondent Cost: $2,138.
    Estimated Respondents' Operation and Maintenance Costs: $5,000.
    Estimated Respondents' Capital and Start-Up Costs: 0.
    Estimated Total Annual Cost to the Federal Government: $44.59.

Comments

    Comments may be submitted as indicated in the ADDRESSES caption
above. Comments are solicited to (a) evaluate whether the proposed data
collection is necessary for the proper performance of the agency,
including whether the information shall have practical utility; (b)
evaluate the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (c) enhance the quality, utility, and
clarity of the information to be collected; and (d) minimize the burden
of the collection of information on those who are to respond, including
through the use of appropriate automated, electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses.

Maile Arthur,
Acting Records Management Branch Chief, Office of the Chief
Administrative Officer, Mission Support, Federal Emergency Management
Agency, Department of Homeland Security.
[FR Doc. 2020-07270 Filed 4-6-20; 8:45 am]
BILLING CODE 9111-52-P


[Federal Register Volume 84, Number 242 (Tuesday, December 17, 2019)]
[Notices]
[Page 68928]
[FR Doc No: 2019-27147]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP20-261-000.
    Applicants: El Paso Natural Gas Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Non-Conforming Agreements
Filing (SWG_TEP) to be effective 1/1/2020.
    Filed Date: 11/25/19.
    Accession Number: 20191125-5261.
    Comments Due: 5 p.m. ET 12/16/19.

    Docket Number: PR20-2-001.
    Applicants: Valley Crossing Pipeline, LLC.
    Description: Tariff filing per 284.123(b),(e)+(g): Amended Petition
for Rate Approval and Statement of Operating Conditions to be effective
10/18/2019.
    Filed Date: 12/10/19.
    Accession Number: 20191210-5169.
    Comments Due: 5 p.m. ET 12/31/19.
    284.123(g) Protests Due: 5 p.m. ET 2/10/20.

    Docket Numbers: RP20-320-000.
    Applicants: Trailblazer Pipeline Company LLC.
    Description: Sec.  4(d) Rate Filing: Neg Rates 2019-12-06 RP18-922
Settlement Ks to be effective 10/1/2019.
    Filed Date: 12/9/19.
    Accession Number: 20191209-5130.
    Comments Due: 5 p.m. ET 12/23/19.

    Docket Numbers: RP20-321-000.
    Applicants: East Tennessee Natural Gas, LLC.
    Description: Sec.  4(d) Rate Filing: ETNG Oglethorpe release to
Ratio Energy eff 12-11-2019 to be effective 12/11/2019.
    Filed Date: 12/10/19.
    Accession Number: 20191210-5111.
    Comments Due: 5 p.m. ET 12/23/19.

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

    Dated: December 11, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-27147 Filed 12-16-19; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 190 (Thursday, October 1, 2015)]
[Rules and Regulations]
[Pages 59055-59057]
[FR Doc No: 2015-24862]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2015-0404; FRL-9934-92-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Adoption of Control Techniques Guidelines for Metal Furniture
Coatings and Miscellaneous Metal Parts Coatings

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of Maryland.
The revision includes amendments to Maryland's regulation for the
control of volatile organic compounds (VOC) and meets the requirement
to adopt reasonably available control technology (RACT) for sources
covered by EPA's Control Techniques Guidelines (CTG) standards for
coatings for metal furniture and miscellaneous metal parts. These
amendments will reduce emissions of VOC from these source categories
and assist Maryland to attain and maintain the national ambient air
quality standard (NAAQS) for ozone. EPA is approving this revision to
reduce VOC emissions in accordance with the requirements of the Clean
Air Act (CAA).

DATES: This final rule is effective on November 2, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2015-0404. All documents in the docket are listed in
the www.regulations.gov Web site. Although listed in the electronic
docket, some information is not publicly available, i.e., confidential
business information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State
submittal are available at the Maryland Department of the Environment,
1800 Washington Boulevard, Suite 705, Baltimore, Maryland 21230.

FOR FURTHER INFORMATION CONTACT: Ellen Schmitt,<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On July 17, 2015 (80 FR 42459), EPA published a notice of proposed
rulemaking (NPR) for the State of Maryland, proposing approval of
Maryland's SIP submittal which includes amendments to the State's
regulation for the control of VOCs and adopts the requirements of EPA's
CTGs for the coating of metal furniture and miscellaneous metal parts,
as RACT for these source categories. The formal SIP revision (#14-02)
was submitted by the State of Maryland on July 28, 2014.
    Section 172(c)(1) of the CAA provides that SIPs for nonattainment
areas must include reasonably available control measures (RACM),
including RACT for sources of emissions. Section 182(b)(2)(A) provides
that for certain nonattainment areas, states must revise their SIPs to
include RACT for sources of VOC emissions covered by a CTG document
issued after November 15, 1990 and prior to the area's date of
attainment. States can follow the CTGs and adopt state regulations to
implement the recommendations contained therein, or they can adopt
alternative approaches. In either case, states must submit their RACT
rules to EPA for review and approval as part of the SIP process.
    In September 2007, EPA published a new CTG for Metal Furniture
Coatings (EPA-453/R-07-005), and in September 2008, EPA published a new
CTG for Miscellaneous Metal and Plastic Parts Coatings (EPA-453/R-08-
003). These CTGs discuss the nature of VOC emissions from these
industries, the available control technologies for addressing such
emissions, the cost of available control options, and other
information. EPA developed new CTGs for these industries after
reviewing existing state and local VOC emission reduction approaches,
new source performance standards (NSPS), previously issued CTGs, and
national emission standards for hazardous air pollutants (NESHAP) for
these source categories.

II. Summary of SIP Revision

    On July 28, 2014, the State of Maryland through the Maryland
Department of the Environment (MDE) submitted to EPA a SIP revision
(#14-02) concerning the adoption of the emission limits for metal
furniture coatings found in the Metal Furniture Coatings CTG and
miscellaneous metal parts coatings found in the Miscellaneous Metal and
Plastic Parts Coatings CTG. Maryland has adopted EPA's CTG standards
for metal furniture and miscellaneous metal parts coating processes by
amending Regulation .08 under COMAR 26.11.19, Volatile Organic
Compounds from Specific Sources. Specifically, this revision amends the
existing regulation in section <IP_ADDRESS> by adding coating standards
for both metal furniture and miscellaneous metal parts that are either
equal to or more stringent than the coating standards found in EPA's
CTGs. Additionally, new definitions and application methods were added
to COMAR section <IP_ADDRESS>. A detailed summary of Maryland's
amendments and EPA's review of and rationale for approving this SIP
revision submittal may be found in the NPR and Technical Support
Document (TSD) for this rulemaking action which is available online at
www.regulations.gov, Docket number EPA-R03-OAR-2015-0404.

III. Final Action

    EPA is approving the State of Maryland's July 28, 2014 SIP
submittal as a revision to the Maryland SIP. The SIP submittal being
approved in this action consists of amendments to Maryland's regulation
for the control of VOCs and adopts the requirements of EPA's CTGs for
the coating of metal furniture and miscellaneous metal parts, as RACT
for these source categories.

IV. Incorporation by Reference

    In this rulemaking action, the EPA is finalizing regulatory text
that includes incorporation by reference. In accordance with
requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by
reference of the MDE rules regarding control of VOC emissions from
metal furniture and miscellaneous metal parts coatings as described in
Section II of this rulemaking action. The EPA has made, and will
continue to make, these documents generally available electronically
through www.regulations.gov and/or in hard copy at the appropriate EPA
office (see the ADDRESSES section of this preamble for more
information).

V. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 30, 2015. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action to approve amendments of Maryland's VOC control
regulation into Maryland's SIP may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.

    Dated: September 17, 2015.
Shawn M. Garvin,
Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart V--Maryland

0
2. In Sec.  52.1070, the table in paragraph (c) is amended by revising
the entry for ``<IP_ADDRESS>'' to read as follows:

Sec.  52.1070  Identification of plan.

* * * * *
    (c) * * *

                 EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP
----------------------------------------------------------------------------------------------------------------
                                                                                Additional explanation/
Code of Maryland Administrative     Title/Subject         State       EPA approval date     citation at 40 CFR
  Regulations (COMAR) citation                       effective date                              52.1100
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                           26.11.19 Volatile Organic Compounds From Specific Processes
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
<IP_ADDRESS>....................  Metal Parts and            5/26/14  10/1/15 [Insert     Amends section title.
                                  Products Coating.                   Federal Register   Adds definitions.
                                                                      citation].
                                                                                Section <IP_ADDRESS>(B),
                                                                                Emission Standards,
                                                                                removed.
                                                                                Section <IP_ADDRESS>(B),
                                                                                Incorporation by
                                                                                Reference, added.
                                                                                Section <IP_ADDRESS>(C),
                                                                                Applicability and
                                                                                Exemptions, added.

                                                                                Section <IP_ADDRESS>(D),
                                                                                Emission Standards,
                                                                                added.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-24862 Filed 9-30-15; 8:45 am]
 BILLING CODE 6560-50-P