[Federal Register: July 2, 2008 (Volume 73, Number 128)]
[Rules and Regulations]
[Page 37795-37797]
[DOCID:fr02jy08-10]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0297; Directorate Identifier 2007-NM-330-AD;
Amendment 39-15586; AD 2008-13-23]
RIN 2120-AA64

Airworthiness Directives; Dornier Model 328-100 Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:

    During maintenance water has been found in the elevator
[assembly].

The unsafe condition is water or ice accumulating in the elevator
assembly, which could result in corrosion and consequent reduced
structural integrity of the flight control surface, or an unbalanced
flight control surface. These conditions could result in reduced
controllability of the airplane. We are issuing this AD to require
actions to correct the unsafe condition on these products.

DATES: This AD becomes effective August 6, 2008. The Director of the
Federal Register approved the incorporation by reference of a certain
publication listed in this AD as of August 6, 2008.

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

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2125; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on March 13, 2008 (73
FR 13503). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

    During maintenance water has been found in the elevator
[assembly].

The unsafe condition is water or ice accumulating in the elevator
assembly, which could result in corrosion and consequent reduced
structural integrity of the flight control surface, or an unbalanced
flight control surface. These conditions could result in reduced
controllability of the airplane. You may obtain further information by
examining the MCAI in the AD docket.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.

Conclusion

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

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect about 12 products of U.S.
registry. We also estimate that it will take about 2 work-hours per
product to comply with the basic requirements of this AD. The average
labor rate is $80 per work-hour. Required parts will cost about $100
per product. Where the service information lists required parts costs
that are covered under warranty, we have assumed that there will be no
charge for these parts. As we do not control warranty coverage for
affected parties, some parties may incur costs higher than estimated
here. Based on these

figures, we estimate the cost of this AD to the U.S. operators to be
$3,120, or $260 per product.

Authority for This Rulemaking

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

Regulatory Findings

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

Examining the AD Docket

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2008-13-23 328 Support Services GmbH (Formerly Avcraft Aerospace
GmbH): Amendment 39-15586. Docket No. FAA-2008-0297; Directorate
Identifier 2007-NM-330-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective August
6, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Dornier Model 328-100 airplanes,
certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 55:
Stabilizers.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    During maintenance water has been found in the elevator
[assembly]. The unsafe condition is water or ice accumulating in the
elevator assembly, which could result in corrosion and consequent
reduced structural integrity of the flight control surface, or an
unbalanced flight control surface. These conditions could result in
reduced controllability of the airplane.

Actions and Compliance

    (f) Within 90 days after the effective date of this AD, unless
already done, do the following actions. Install a drain hole in the
lower skin of the left and right-hand elevator horns in accordance
with the Accomplishment Instructions of Avcraft Dornier Service
Bulletin SB-328-55-450, Revision 1, dated November 19, 2003.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information
as follows: Although the MCAI or service information specifies a
compliance time for installing the drain hole within 23 days,
paragraph (f) of this AD requires that the installation be done
within 90 days after the effective date of the AD.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. Send information to ATTN: Dan
Rodina, Aerospace Engineer, International Branch, ANM-116, FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI German Airworthiness Directive D-2004-004,
effective January 8, 2004; and Avcraft Dornier Service Bulletin SB-
328-55-450, Revision 1, dated November 19, 2003; for related
information.

Material Incorporated by Reference

    (i) You must use Avcraft Dornier Service Bulletin SB-328-55-450,
Revision 1, dated November 19, 2003, to do the actions required by
this AD, unless the AD specifies otherwise. (Only the odd-numbered
pages of this document contain the document date; no other page of
the document contains this information.)
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 328
Support Services GmbH, Post Box 1252, D-82231 Wessling, Federal
Republic of Germany.
    (3) You may review copies at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the
National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call<PHONE_NUMBER>,
or go to: http://www.archives.gov/federal-register/cfr/ibr-
locations.html.

    Issued in Renton, Washington, on June 7, 2008.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-14205 Filed 7-1-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 88 (Friday, May 6, 2022)]
[Notices]
[Pages 27142-27143]
[FR Doc No: 2022-09768]

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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:

Filings Instituting Proceedings

    Docket Numbers: RP22-881-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Compliance filing: TETLP OFO April 2022 Penalty
Disbursement Report to be effective N/A.
    Filed Date: 4/29/22.
    Accession Number: 20220429-5147.
    Comment Date: 5 p.m. ET 5/11/22.

    Docket Numbers: RP22-882-000.
    Applicants: Gulf South Pipeline Company, LLC.
    Description: Sec.  4(d) Rate Filing: Cap Rel Neg Rate Agmt
(Southern 49811 to Spotlight 55299) to be effective 5/1/2022.
    Filed Date: 4/29/22.
    Accession Number: 20220429-5170.
    Comment Date: 5 p.m. ET 5/11/22.

    Docket Numbers: RP22-883-000.
    Applicants: Gulf South Pipeline Company, LLC.
    Description: Sec.  4(d) Rate Filing: Cap Rel Neg Rate Agmt (FPL
41619 to Eco-Energy 55311) to be effective 5/1/2022.
    Filed Date: 4/29/22.
    Accession Number: 20220429-5171.
    Comment Date: 5 p.m. ET 5/11/22.

    Docket Numbers: RP22-884-000.
    Applicants: Gulfstream Natural Gas System, L.L.C.
    Description: Sec.  4(d) Rate Filing: 2022 GNGS TUP/SBA Annual
Filing to be effective 6/1/2022.
    Filed Date: 4/29/22.
    Accession Number: 20220429-5176.
    Comment Date: 5 p.m. ET 5/11/22.

    Docket Numbers: RP22-885-000.
    Applicants: Gulf South Pipeline Company, LLC.
    Description: Sec.  4(d) Rate Filing: Cap Rel Neg Rate Agmt (Osaka
46428 to Uniper 55304, Sequent 55312) to be effective 5/1/2022.
    Filed Date: 4/29/22.
    Accession Number: 20220429-5177.
    Comment Date: 5 p.m. ET 5/11/22.

    Docket Numbers: RP22-886-000.
    Applicants: Southern Star Central Gas Pipeline, Inc.
    Description: Sec.  4(d) Rate Filing: Vol. 2-Neg and Conforming Rate
Agreements--Tenaska PLS to be effective 5/1/2022.
    Filed Date: 4/29/22.
    Accession Number: 20220429-5230.
    Comment Date: 5 p.m. ET 5/11/22.

    Docket Numbers: RP22-887-000.
    Applicants: Enable Mississippi River Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Filing (Non-
Conforming)--US Steel 5.1.2022 to be effective 5/1/2022.
    Filed Date: 4/29/22.
    Accession Number: 20220429-5247.

    Comment Date: 5 p.m. ET 5/11/22.

    Docket Numbers: RP22-889-000.
    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--Leidy
South--IT--Fuel Balancing--Seneca to be effective 5/1/2022.
    Filed Date: 4/29/22.
    Accession Number: 20220429-5264.
    Comment Date: 5 p.m. ET 5/11/22.

    Docket Numbers: RP22-890-000.
    Applicants: El Paso Natural Gas Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Agreement (Eco
Energy #617531-FT1EPNG) to be effective 5/1/2022.
    Filed Date: 4/29/22.
    Accession Number: 20220429-5289.
    Comment Date: 5 p.m. ET 5/11/22.

    Docket Numbers: RP22-891-000.
    Applicants: Discovery Gas Transmission LLC.
    Description: Sec.  4(d) Rate Filing: Discovery Gas Transmission
LLC's Negotiated Rates Filing to be effective 5/1/2022.
    Filed Date: 4/29/22.
    Accession Number: 20220429-5313.
    Comment Date: 5 p.m. ET 5/11/22.

    Docket Numbers: RP22-893-000.
    Applicants: Equitrans, L.P.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Capacity
Release Agreements--5/1/2022 to be effective 5/1/2022.
    Filed Date: 5/2/22.
    Accession Number: 20220502-5030.
    Comment Date: 5 p.m. ET 5/16/22.

    Docket Numbers: RP22-896-000.
    Applicants: Enable Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Filing--May 1
2022 CERC LA to be effective 5/1/2022.
    Filed Date: 5/2/22.
    Accession Number: 20220502-5057.
    Comment Date: 5 p.m. ET 5/16/22.

    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 comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    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: May 2, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-09768 Filed 5-5-22; 8:45 am]
BILLING CODE 6717-01-P


July 26, 2006 Note to Docket On July 20, 2006 a conference call was held between Jason Burnett of EPA, Amy Flynn and Art Fraas of OMB, and National Association of Home Builders Staff ( Susan Asmus, Gary Suskauer, and Michael Mittelholzer). The purpose of the call was discuss coarse PM.


[Federal Register: August 8, 2007 (Volume 72, Number 152)]
[Rules and Regulations]
[Page 44388-44393]
[DOCID:fr08au07-10]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2006-0075; FRL-8141-3]

Fenazaquin, 4-tert-butylphenethyl Quinazolin-4-yl Ether;
Pesticide Import Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes import tolerances for residues of
fenazaquin, 4-tert-butylphenethyl quinazolin-4-yl ether, in or on apple
at 0.2 parts per million (ppm); in or on pear at 0.2 ppm; in or on
citrus fruit group 10, except grapefruit, at 0.5 ppm; and in or on
citrus oil at 10 ppm. Gowan Company requested these tolerances under
the Federal Food, Drug, and Cosmetic Act (FFDCA).

DATES: This regulation is effective August 8, 2007. Objections and
requests for hearings must be received on or before October 9, 2007,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2006-0075. To access the
electronic docket, go to http://www.regulations.gov, select ``Advanced

Search,'' then ``Docket Search.'' Insert the docket ID number where
indicated and select the ``Submit'' button. Follow the instructions on
the regulations.gov web site to view the docket index or access
available documents. All documents in the docket are listed in the
docket index available in regulations.gov. Although listed in the
index, some information is not publicly available, e.g., 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 in the electronic docket at http://www.regulations.gov,or, if

only available in hard copy, at the OPP Regulatory Public Docket in Rm.
S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington,
VA. The Docket Facility is open from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The Docket Facility telephone
number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Dan Peacock, Registration Division,
Office of Pesticide Programs, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(703) 305-5407; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to those
engaged in the following activities:
     Crop production (NAICS code 111), e.g., agricultural
workers; greenhouse, nursery, and floriculture workers; farmers.
     Animal production (NAICS code 112), e.g., cattle ranchers
and farmers, dairy cattle farmers, livestock farmers.
     Food manufacturing (NAICS code 311), e.g., agricultural
workers; farmers; greenhouse, nursery, and floriculture workers;
ranchers; pesticide applicators.
     Pesticide manufacturing (NAICS code 32532), e.g.,
agricultural workers; commercial applicators; farmers; greenhouse,
nursery, and floriculture workers; residential users.
    This listing is not intended to be exhaustive, but rather to
provide a guide for readers regarding entities likely to be affected by
this action. Other types of entities not listed in this unit could also
be affected. The North American Industrial Classification System
(NAICS) codes have been provided to assist you and others in
determining whether this action might apply to certain entities. If you
have any questions regarding the applicability of this action to a
particular entity, consult the person listed under FOR FURTHER
INFORMATION CONTACT.

B. How Can I Access Electronic Copies of this Document?

    In addition to accessing an electronic copy of this Federal
Register document through the electronic docket at http://www.regulations.gov
, you may access this Federal Register document

electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr. You may also access a

frequently updated electronic version of EPA's tolerance regulations at
40 CFR part 180 through the Government Printing Office's pilot e-CFR
site at http://www.gpoaccess.gov/ecfr.

C. Can I File an Objection or Hearing Request?

    Under section 408(g) of the FFDCA, any person may file an objection
to any aspect of this regulation and may also request a hearing on
those objections. You must file your objection or request a hearing on
this regulation in accordance with the instructions provided in 40 CFR
part 178. To ensure proper receipt by EPA, you must identify docket ID
number EPA-HQ-OPP-2006-0075 in the subject line on the first page of
your submission. All requests must be in writing, and must be mailed or
delivered to the Hearing Clerk as required by 40 CFR part 178 on or
before October 9, 2007.
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing that does not contain any CBI for inclusion in the public
docket that is described in ADDRESSES. Information not marked
confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA
without prior notice. Submit this copy, identified by docket ID number
EPA-HQ-OPP-2006-0075, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket Facility telephone number is<PHONE_NUMBER>.

II. Petition for Tolerance

    In the Federal Register of April 12, 2006 (71 FR 18736) (FRL-7775-
5), EPA issued a notice pursuant to section 408(d)(3) of FFDCA, 21
U.S.C. 346a(d)(3), announcing the filing of an import pesticide
petition (PP 9E5059) by Gowan Company, 370 S. Main Street, Yuma, AZ
85364. The petition requested that 40 CFR part 180 be amended by
establishing import tolerances for residues of the insecticide,
fenazaquin, in or on apple at 0.2 ppm; in or on pear at 0.2 ppm, and in
or on citrus fruits at 0.5 ppm. That notice referenced a summary of the
petition prepared by Gowan Company, the registrant, which is available
to the public in the docket, under docket identification (ID) number
EPA-HQ-OPP-2006-0075-0002 at http://www.regulations.gov. There were no

comments received in response to the notice of filing.
    Based upon review of the data supporting the petition, EPA has
modified Gowan Company's request for tolerances as follows. This
regulation establishes import tolerances for residues of fenazaquin in
or on apple at 0.2 ppm; in or on pear at 0.2 ppm; in or on citrus fruit
group 10, except grapefruit, at 0.5 ppm; and in or on citrus oil at 10
ppm. The reason for the addition of a tolerance for citrus oil at 10
ppm is explained in Unit V. (Conclusions).

III. Aggregate Risk Assessment and Determination of Safety

    Section 408(b)(2)(A)(i) of the FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of the FFDCA defines ``safe'' to mean that ``there is
a reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings, but does not include occupational exposure.
Section 408(b)(2)(C) of the FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue. . .
.'' These provisions were added to the FFDCA by the Food Quality
Protection Act (FQPA) of 1996.
    Consistent with FFDCA section 408(b)(2)(D), and the factors
specified in section 408(b)(2)(D), EPA has reviewed the available
scientific data and other relevant information in support of this
action. EPA has sufficient data to assess the hazards of and to make a
determination on aggregate exposure for the petitioned-for import
tolerances for residues of Fenazaquin in or on apple at 0.2 ppm; in or
on pear at 0.2 ppm; in or on citrus fruit group 10, except grapefruit,
at 0.5 ppm; and in or on citrus oil at 10 ppm. EPA's assessment of
exposures and risks associated with establishing the tolerance follows.

A. Toxicological Profile

    EPA has evaluated the available toxicity data and considered its
validity, completeness, and reliability as well as the relationship of
the results of the studies to human risk. EPA has also considered
available information concerning the variability of the sensitivities
of major identifiable subgroups of consumers, including infants and
children. Specific information on the studies received and the nature
of the adverse effects caused by Fenazaquin as well as the no-observed-
adverse-effect-level (NOAEL) and the lowest-observed-adverse-effect-
level (LOAEL) from the toxicity studies can be found at http://www.regulations.gov.
 The referenced document (Fenazaquin: PP

9E5059. Tolerances on apples, pears and citrus fruits exported to the
U.S. HED Risk Assessment) is available in the docket established by
this action, which is described under ADDRESSES, and is identified as
docket ID No. EPA-HQ-OPP-2006-0075-0004 in that docket.

B. Toxicological Endpoints

    For hazards that have a threshold below which there is no
appreciable risk, the toxicological level of concern (LOC) is derived
from the highest dose at which no adverse effects are observed (the
NOAEL) in the toxicology study identified as appropriate for use in
risk assessment. However, if a NOAEL cannot be determined, the lowest
dose at which adverse effects of concern are identified (the LOAEL) is
sometimes used for risk assessment. Uncertainty/safety factors (UF) are
used in conjunction with the LOC to take into account uncertainties
inherent in the extrapolation from laboratory animal data to humans and
in the variations in sensitivity among members of the human population
as well as other unknowns. Safety is assessed for acute and chronic
risks by comparing aggregate exposure to the pesticide to the acute
population adjusted dose (aPAD) and chronic population adjusted dose
(cPAD). The aPAD and cPAD are calculated by dividing the LOC by all
applicable uncertainty/safety factors. Short-term, intermediate-term,
and long-term risks are evaluated by comparing aggregate exposure to
the LOC to ensure that the margin of exposure (MOE) called for by the
product of all applicable uncertainty/safety factors is not exceeded.
    For non-threshold risks, the Agency assumes that any amount of
exposure will lead to some degree of risk and estimates risk in terms
of the probability of occurrence of additional adverse cases.
Generally, cancer risks are considered non-threshold. For more
information on the general principles EPA uses in risk characterization
and a complete description of the risk assessment process, see http://www.epa.gov/fedrgstr/EPA-PEST/1997/November/Day-26/p30948.htm
.

    A summary of the toxicological endpoints for Fenazaquin used for
human risk assessment is shown in Table 1 below of this unit and in
docket ID number EPA-HQ-OPP-2007-0075-0004 in an alternate format.

      Table 1.--Summary of Toxicological Dose and Endpoints for Fenazaquin for Use in Human Risk Assessment
----------------------------------------------------------------------------------------------------------------
                                          Dose used in risk
                                             assessment,          Special FQPA SF and
          Exposure/Scenario                interspecies and       level of concern for   Study and toxicological
                                         intraspecies and any      risk assessment UF            effects
                                         traditional FQPA, SF
----------------------------------------------------------------------------------------------------------------
Acute dietary (general population      NOAEL = 10 mg/kg/day SF  Special FQPA SF = 1 x    Rat developmental
 including infants and children)        = 100                   aPAD = acute...........   toxicity
                                       Acute RfD = 0.1 mg/kg/   RfD = 0.1 mg/kg/day....  LOAEL = 40 mg/kg/day
                                        day.                                              based on findings (as
                                                                                early as GD 6-9) of
                                                                                decreased body weight
                                                                                gain, food intake, and
                                                                                food efficiency.
----------------------------------------------------------------------------------------------------------------
Chronic dietary (all populations)      NOAEL= 5 mg/kg/day       Special FQPA             Rat two-generation
                                       SF = 100...............  SF = 1 x...............   toxicity study
                                       Chronic RfD = 0.05 mg/   cPAD = chronic.........  LOAEL = 25 mg/kg/day
                                        kg/day.                 RfD = 0.05 mg/kg/day...   based on excessive
                                                                                salivation and
                                                                                decreased body weight/
                                                                                weight gain and food
                                                                                intake.
----------------------------------------------------------------------------------------------------------------
Short-term, intermediate-term, and     These exposure
 long-term incidential oral (1-30       scenarios do not apply
 days; 1-6 months) (Residential)        to this risk
                                        assessment because
                                        there are no proposed
                                        registered residential
                                        uses of fenazaquin.
----------------------------------------------------------------------------------------------------------------
Short-term, intermediate-term, and     These exposure
 long-term dermal (1-30 days; 1-6       scenarios do not apply
 months) (Residential)                  to this risk
                                        assessment because
                                        there are no proposed
                                        registered residential
                                        or occupational uses
                                        of fenazaquin.
----------------------------------------------------------------------------------------------------------------
Short-term, intermediate-term, long-   These exposure
 term inhalation (1-30 days; 1-6        scenarios do not apply
 months) (Residential)                  to this risk
                                        assessment because
                                        there are no proposed
                                        registered residential
                                        or occupational uses
                                        of fenazaquin.
----------------------------------------------------------------------------------------------------------------

Cancer (oral, dermal, inhalation)      A quantitative exposure
                                        assessment for cancer
                                        risk was not performed
                                        because fenazaquin has
                                        been classified as
                                        ``Not likely to be
                                        Carcinogenic to
                                        Humans'' and is not
                                        expected to pose a
                                        cancer risk.
----------------------------------------------------------------------------------------------------------------

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary
exposure to fenazaquin, EPA considered exposure under the petitioned-
for tolerances as well as a tolerance in or on citrus oil. EPA assessed
dietary exposures from Fenazaquin in food as follows:
    i. Acute exposure. Quantitative acute dietary exposure and risk
assessments are performed for a food-use pesticide, if a toxicological
study has indicated the possibility of an effect of concern occurring
as a result of a one-day or single exposure. In estimating acute
dietary exposure, EPA used food consumption information from the United
States Department of Agriculture (USDA) 1998 Nationwide Continuing
Surveys of Food Intake by Individuals (CSFII). As to residue levels in
food, EPA assumed all foods for which there are tolerances were treated
and contain tolerance-level residues. Percent Crop Treated (PCT) and
anticipated residues were not used.
    ii. Chronic exposure. In conducting the chronic dietary exposure
assessment EPA used the food consumption data from the USDA 1998 CSFII.
As to residue levels in food, EPA assumed all foods for which there are
tolerances were treated and contain tolerance-level residues. Percent
Crop Treated (PCT) and anticipated residues were not used.
    iii. Cancer. A quantitative exposure assessment for cancer risk was
not performed because fenazaquin has been classified as ``Not likely to
be Carcinogenic to Humans'' and is not expected to pose a cancer risk.
    iv. Anticipated residue and PCT information.PCT and anticipated
residues were not used.
    2. Dietary exposure from drinking water. Because the import
tolerances in this Final Rule do not involve current or proposed
registered uses of Fenazaquin in the United States, EPA does not
anticipate dietary exposure from drinking water. Therefore, EPA has not
assessed such exposure in this document.
    3. From non-dietary exposure. The term ``residential exposure'' is
used in this document to refer to non-occupational, non-dietary
exposure (e.g., for lawn and garden pest control, indoor pest control,
termiticides, and flea and tick control on pets).
     Fenazaquin is not registered for use on any sites that would
result in residential exposure.
    4. Cumulative effects from substances with a common mechanism of
toxicity. Section 408(b)(2)(D)(v) of the FFDCA requires that, when
considering whether to establish, modify, or revoke a tolerance, the
Agency consider ``available information'' concerning the cumulative
effects of a particular pesticide's residues and ``other substances
that have a common mechanism of toxicity.''
    Unlike other pesticides for which EPA has followed a cumulative
risk approach based on a common mechanism of toxicity, EPA has not made
a common mechanism of toxicity finding as to fenazaquin and any other
substances and fenazaquin does not appear to produce a toxic metabolite
produced by other substances. For the purposes of this tolerance
action, therefore, EPA has not assumed that fenazaquin has a common
mechanism of toxicity with other substances. For information regarding
EPA's efforts to determine which chemicals have a common mechanism of
toxicity and to evaluate the cumulative effects of such chemicals, see
EPA's website at http://www.epa.gov/pesticides/cumulative.

D. Safety Factor for Infants and Children

    1. In general. Section 408 of FFDCA provides that EPA shall apply
an additional (10X) tenfold margin of safety for infants and children
in the case of threshold effects to account for prenatal and postnatal
toxicity and the completeness of the data base on toxicity and exposure
unless EPA determines based on reliable data that a different margin of
safety will be safe for infants and children. This additional margin of
safety is commonly referred to as the FQPA safety factor. In applying
this provision, EPA either retains the default value of 10X when
reliable data do not support the choice of a different factor, or, if
reliable data are available, EPA uses a different additional FQPA
safety factor value based on the use of traditional uncertainty/safety
factors and/or special FQPA safety factors, as appropriate.
    2. Prenatal and postnatal sensitivity. There are no qualitative or
quantitative prenatal or postnatal susceptibility issues based on
available data from two developmental toxicity studies and a two-
generation reproduction toxicity study.
    3. Conclusion. EPA has determined that reliable data show that it
would be safe for infants and children to reduce the FQPA safety factor
to 1X. That decision is based on the following findings:
    i. The toxicity database for fenazaquin is complete.
    ii. There is no need for a developmental neurotoxicity study or
additional uncertainty factors to account for neurotoxicity.
    iii. There is no evidence that fenazaquin results in increased
susceptibility in in utero rats or rabbits in the prenatal
developmental studies or in young rats in the two-generation
reproduction study.
    iv. There are no residual uncertainties identified in the exposure
databases. The dietary food exposure assessments were performed based
on 100% CT and tolerance-level residues.
    v. There is no potential for dietary drinking water exposure and
there are no residential uses.

    By using these screening-level assessments, acute and chronic
exposures/risks will not be underestimated.

E. Aggregate Risks and Determination of Safety

    Safety is assessed for acute and chronic risks by comparing
aggregate exposure to the pesticide to the aPAD and cPAD. The aPAD and
cPAD are calculated by dividing the LOC by all applicable uncertainty/
safety factors. For linear cancer risks, EPA calculates the probability
of additional cancer cases given aggregate exposure. Short-term,
intermediate, and long-term risks are evaluated by comparing aggregate
exposure to the LOC to ensure that the margin of exposure (MOE) called
for by the product of all applicable uncertainty/safety factors is not
exceeded.
    1. Acute risk. Using the exposure assumptions discussed in this
unit for acute exposure, the acute dietary exposure from food to
fenazaquin will occupy 48% of the aPAD for the population group
(children, 1-2 years old) receiving the greatest exposure. There is no
acute dietary exposure from water.
    2. Chronic risk. Using the exposure assumptions described in this
unit for chronic exposure, EPA has concluded that exposure to
fenazaquin from food will utilize 25% of the cPAD for the population
group (children, 1-2 years old) receiving the greatest exposure.
Because the tolerances being established in this Final Rule are for
uses outside of the United States, there is no acute dietary exposure
from water. There are no residential uses for Fenazaquin that result in
chronic residential exposure to Fenazaquin.
    3. Short-term risk. Short-term aggregate exposure takes into
account residential exposure plus chronic exposure to food and water
(considered to be a background exposure level).
    Fenazaquin is not registered for use on any sites that would result
in residential exposure. Also, because the tolerances being established
in this Final Rule are for uses outside of the United States, there is
no acute dietary exposure from water. Therefore, the aggregate risk is
the sum of the risk from food, which does not exceed the Agency's level
of concern.
    4. Intermediate-term risk. Intermediate-term aggregate exposure
takes into account residential exposure plus chronic exposure to food
and water (considered to be a background exposure level).
    Fenazaquin is not registered for use on any sites that would result
in residential exposure. Also, because the tolerances being established
in this final rule are for uses outside of the United States, there is
no chronic dietary exposure from water. Therefore, the aggregate risk
is the sum of the risk from food, which does not exceed the Agency's
level of concern.
    5. Aggregate cancer risk for U.S. population. Fenazaquin is not
expected to pose a cancer risk based on negative cancer findings in two
adequate rodent carcinogenicity studies.
    6. Determination of safety. Based on these risk assessments, EPA
concludes that there is a reasonable certainty that no harm will result
to the general population, or to infants and children from aggregate
exposure to fenazaquin residues.

IV. Other Considerations

A. Analytical Enforcement Methodology

    Adequate enforcement methodology (gas chromatography) is available
to enforce the tolerance expression, using the existing Food and Drug
Administration (FDA) Multiresidue Methods in the Pesticide Analytical
Manual (PAM), Vol I, available from http://www.cfsan.fda.gov/~lrd/pestadd.html
.

B. International Residue Limits

    There are no established or proposed Canadian, Mexican or Codex
MRLs for residues of fenazaquin in plant commodities.

C. Response to Comments

    The Agency did not receive any comments to this request for import
tolerances for fenazaquin.

V. Conclusion

    Therefore, the Agency is establishing import tolerances for
residues of Fenazaquin in or on apple at 0.2 parts per million (ppm);
in or on pear at 0.2 ppm; in or on citrus fruit group 10, except
grapefruit, at 0.5 ppm; and in or on citrus oil at 10 ppm. The original
petition did not request the establishment of a tolerance in or on
citrus oil at 10 ppm. However, the Agency added this tolerance for the
following reason. Separate tolerances are not required for apple and
orange juice as residues do not concentrate in these commodities.
However, the citrus processing studies indicate that fenazaquin
residues concentrate on average by 25x in citrus oil and thus residues
in citrus oil could exceed the tolerance for citrus fruits. Based on
the 25x processing factor and residue data on fenazaquin levels in or
on oranges, a tolerance of 10 ppm would be appropriate for citrus oil.

VI. Statutory and Executive Order Reviews

    This final rule establishes a tolerance under section 408(d) of
FFDCA in response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled Regulatory Planning and
Review (58 FR 51735, October 4, 1993). Because this rule has been
exempted from review under Executive Order 12866, this rule is not
subject to Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355,
May 22, 2001) or Executive Order 13045, entitled Protection of Children
from Environmental Health Risks and Safety Risks (62 FR 19885, April
23, 1997). This final rule does not contain any information collections
subject to OMB approval under the Paperwork Reduction Act (PRA), 44
U.S.C. 3501 et seq., nor does it require any special considerations
under Executive Order 12898, entitled Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis
of a petition under section 408(d) of FFDCA, such as the tolerance in
this final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.) do not apply.
    This final rule directly regulates growers, food processors, food
handlers and food retailers, not States or tribes, nor does this action
alter the relationships or distribution of power and responsibilities
established by Congress in the preemption provisions of section
408(n)(4) of FFDCA. As such, the Agency has determined that this action
will not have a substantial direct effect on States or tribal
governments, on the relationship between the national government and
the States or tribal governments, or on the distribution of power and
responsibilities among the various levels of government or between the
Federal Government and Indian tribes. Thus, the Agency has determined
that Executive Order 13132, entitled Federalism (64 FR 43255, August
10, 1999) and Executive Order 13175, entitled Consultation and
Coordination with Indian Tribal Governments (65 FR 67249, November 6,
2000) do not apply to this rule. In addition, This rule does not impose
any enforceable duty or contain any unfunded mandate as described under
Title II of the Unfunded

Mandates Reform Act of 1995 (UMRA) (Public Law 104-4).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272
note).

VII. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report to each House of the Congress and to
the Comptroller General of the United States. EPA will submit a report
containing this rule 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 this final rule in the Federal
Register. This final rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: July 26, 2007.
Debra Edwards,
Director, Office of Pesticide Programs.

0
Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.

0
2. Section 180.632 is added to read as follows:

Sec.  180.632  Fenazaquin; import tolerances for residues.

    (a) General. Import tolerances are established for residues of the
insecticide and miticide, fenazaquin, 4-tert-butylphenethyl quinazolin-
4-yl ether, in or on raw agricultural commodities as follows:

------------------------------------------------------------------------
                      Commodity                        Parts per million
------------------------------------------------------------------------
Apple................................................                0.2
Citrus Oil...........................................                 10
Fruit, Citrus, Group 10, except Grapefruit...........                0.5
Pear.................................................                0.2
------------------------------------------------------------------------

    (b) Section is emergency exempotions. [Reserved]
    (c) Tolerances with regional registration. [Reserved]
    (d) Indirect or inadvertent residues. [Reserved]
[FR Doc. E7-15334 Filed 8-7-07; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 87, Number 81 (Wednesday, April 27, 2022)]
[Rules and Regulations]
[Pages 24868-24869]
[FR Doc No: 2022-08875]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 31425; Amdt. No. 4006]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This rule amends, suspends, or removes Standard Instrument
Approach Procedures (SIAPs) and associated Takeoff Minimums and
Obstacle Departure Procedures for operations at certain airports. These
regulatory actions are needed because of the adoption of new or revised
criteria, or because of changes occurring in the National Airspace
System, such as the commissioning of new navigational facilities,
adding new obstacles, or changing air traffic requirements. These
changes are designed to provide for the safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective April 27, 2022. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of April 27, 2022.

ADDRESSES: Availability of matter incorporated by reference in the
amendment is as follows:

For Examination

    1. U.S. Department of Transportation, Docket Ops-M30, 1200 New
Jersey Avenue SE, West Bldg., Ground Floor, Washington, DC 20590-0001;
    2. The FAA Air Traffic Organization Service Area in which the
affected airport is located;
    3. The office of Aeronautical Information Services, 6500 South
MacArthur Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA).
    For information on the availability of this material at NARA, email
[email protected] or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free
of charge. Visit the National Flight Data Center online at nfdc.faa.gov
to register. Additionally, individual SIAP and Takeoff Minimums and ODP
copies may be obtained from the FAA Air Traffic Organization Service
Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT: Thomas J. Nichols, Flight Procedures
and Airspace Group, Flight Technologies and Procedures Division, Flight
Standards Service, Federal Aviation Administration. Mailing Address:
FAA Mike Monroney Aeronautical Center, Flight Procedures and Airspace
Group, 6500 South MacArthur Blvd., Registry Bldg 29 Room 104, Oklahoma
City, OK 73169. Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends 14 CFR part 97 by amending
the referenced SIAPs. The complete regulatory description of each SIAP
is listed on the appropriate FAA Form 8260, as modified by the National
Flight Data Center (NFDC)/Permanent Notice to Airmen (P-NOTAM), and is
incorporated by reference under 5 U.S.C. 552(a), 1 CFR part 51, and 14
CFR 97.20. The large number of SIAPs, their complex nature, and the
need for a special format make their verbatim publication in the
Federal Register expensive and impractical. Further, airmen do not use
the regulatory text of the SIAPs, but refer to their graphic depiction
on charts printed by publishers of aeronautical materials. Thus, the
advantages of incorporation by reference are realized and publication
of the complete description of each SIAP contained on FAA form
documents is unnecessary. This amendment provides the affected CFR
sections, and specifies the SIAPs and Takeoff Minimums and ODPs with
their applicable effective dates. This amendment also identifies the
airport and its location, the procedure and the amendment number.

Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as
listed in the ADDRESSES section.
    The material incorporated by reference describes SIAPs, Takeoff
Minimums and ODPs as identified in the amendatory language for part 97
of this final rule.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP and Takeoff Minimums and ODP as amended in the
transmittal. For safety and timeliness of change considerations, this
amendment incorporates only specific changes contained for each SIAP
and Takeoff Minimums and ODP as modified by FDC permanent NOTAMs.
    The SIAPs and Takeoff Minimums and ODPs, as modified by FDC
permanent NOTAM, and contained in this amendment are based on criteria
contained in the U.S. Standard for Terminal Instrument Procedures
(TERPS). In developing these changes to SIAPs and Takeoff Minimums and
ODPs, the TERPS criteria were applied only to specific conditions
existing at the affected airports. All SIAP amendments in this rule
have been previously issued by the FAA in a FDC NOTAM as an emergency
action of immediate flight safety relating directly to published
aeronautical charts.
    The circumstances that created the need for these SIAP and Takeoff
Minimums and ODP amendments require making them effective in less than
30 days.
    Because of the close and immediate relationship between these
SIAPs, Takeoff Minimums and ODPs, and safety in air commerce, I find
that notice and public procedure under 5 U.S.C. 553(b) are
impracticable and contrary to the public interest and, where
applicable, under 5 U.S.C. 553(d), good cause exists for making these
SIAPs effective in less than 30 days.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
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. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference,
Navigation (air).

    Issued in Washington, DC, on April 15, 2022.
Thomas J Nichols,
Aviation Safety, Flight Standards Service, Manager, Standards Section,
Flight Procedures & Airspace Group, Flight Technologies & Procedures
Division.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, 14 CFR part
97 is amended by amending Standard Instrument Approach Procedures and
Takeoff Minimums and ODPs, effective at 0901 UTC on the dates
specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40103, 40106, 40113,
40114, 40120, 44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:
    By amending: Sec.  97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec.  97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; Sec.
97.27 NDB, NDB/DME; Sec.  97.29 ILS, ILS/DME, MLS, MLS/DME, MLS/RNAV;
Sec.  97.31 RADAR SIAPs; Sec.  97.33 RNAV SIAPs; and Sec.  97.35 COPTER
SIAPs, Identified as follows:

* * * Effective Upon Publication

--------------------------------------------------------------------------------------------------------------------------------------------------------
      AIRAC date           State             City                 Airport          FDC No.      FDC date                      Subject
--------------------------------------------------------------------------------------------------------------------------------------------------------
19-May-22.............  IL           Decatur.............  Decatur.............       2/6594      3/10/22  This NOTAM, published in Docket No. 31423,
                                                                                Amdt No. 4004, TL 22-11, (87 FR 23431, April
                                                                                20, 2022) is hereby rescinded in its
                                                                                entirety.
19-May-22.............  GA           St Simons Island....  St Simons Island....       2/2714      3/28/22  This NOTAM, published in Docket No. 31423,
                                                                                Amdt No. 4004, TL 22-11, (87 FR 23431, April
                                                                                20, 2022) is hereby rescinded in its
                                                                                entirety.
19-May-22.............  FL           La Belle............  La Belle Muni.......       2/0476      3/31/22  RNAV (GPS) RWY 14, Orig-C.
19-May-22.............  FL           La Belle............  La Belle Muni.......       2/0477      3/31/22  RNAV (GPS) RWY 32, Orig-B.
19-May-22.............  CA           Carlsbad............  Mc Clellan-Palomar..       2/0885       4/4/22  RNAV (GPS) Y RWY 6, Orig.
19-May-22.............  IL           Pinckneyville.......  Pinckneyville/Du           2/1832       4/1/22  RNAV (GPS) RWY 18, Amdt 1C.
                                                            Quoin.
19-May-22.............  IL           Pinckneyville.......  Pinckneyville/Du           2/1833       4/1/22  RNAV (GPS) RWY 36, Orig-C.
                                                            Quoin.
19-May-22.............  FL           Dunnellon...........  Marion County.......       2/2023       4/1/22  RNAV (GPS) RWY 23, Orig-B.
19-May-22.............  NY           New York............  Laguardia...........       2/2114       4/1/22  RNAV (GPS) Y RWY 31, Orig-A.
19-May-22.............  TX           Austin..............  Austin Exec.........       2/2131       4/4/22  RNAV (GPS) RWY 31, Amdt 1A.
19-May-22.............  TN           Sevierville.........  Gatlinburg-Pigeon          2/2133       4/4/22  RNAV (GPS) RWY 10, Orig-B.
                                                            Forge.
19-May-22.............  CA           Los Angeles.........  Los Angeles Intl....       2/2252       4/4/22  ILS OR LOC RWY 6L, Amdt 14.
19-May-22.............  NC           Maxton..............  Laurinburg/Maxton...       2/2285       4/4/22  ILS OR LOC RWY 5, Amdt 2B.
19-May-22.............  NC           Edenton.............  Northeastern Rgnl...       2/3038       4/4/22  RNAV (GPS) RWY 1, Amdt 1A.
19-May-22.............  IL           Pekin...............  Pekin Muni..........       2/3253       4/5/22  RNAV (GPS) RWY 9, Orig-B.
19-May-22.............  IL           Pekin...............  Pekin Muni..........       2/3254       4/5/22  RNAV (GPS) RWY 27, Orig-B.
19-May-22.............  IL           Pekin...............  Pekin Muni..........       2/3255       4/5/22  VOR-A, Amdt 7B.
19-May-22.............  LA           Houma...............  Houma-Terrebonne....       2/3316       4/5/22  VOR/DME RWY 30, Amdt 12B.
19-May-22.............  FL           Sebring.............  Sebring Rgnl........       2/3320       4/5/22  RNAV (GPS) RWY 14, Orig-C.
19-May-22.............  FL           Sebring.............  Sebring Rgnl........       2/3321       4/5/22  RNAV (RNP) RWY 19, Amdt 1A.
19-May-22.............  FL           Sebring.............  Sebring Rgnl........       2/3322       4/5/22  RNAV (GPS) RWY 1, Amdt 1B.
19-May-22.............  FL           Sebring.............  Sebring Rgnl........       2/3323       4/5/22  RNAV (GPS) RWY 32, Orig-B.
19-May-22.............  MO           Maryville...........  Northwest Missouri         2/3501       4/5/22  RNAV (GPS) RWY 32, Amdt 1A.
                                                            Rgnl.
19-May-22.............  MO           Maryville...........  Northwest Missouri         2/3502       4/5/22  RNAV (GPS) RWY 14, Amdt 1A.
                                                            Rgnl.
19-May-22.............  OH           Findlay.............  Findlay.............       2/4213       4/5/22  RNAV (GPS) RWY 18, Amdt 1B.
19-May-22.............  OH           Findlay.............  Findlay.............       2/4214       4/5/22  RNAV (GPS) RWY 25, Amdt 1B.
19-May-22.............  OH           Findlay.............  Findlay.............       2/4215       4/5/22  RNAV (GPS) RWY 36, Amdt 1C.
19-May-22.............  FL           Hollywood...........  North Perry.........       2/6955      3/31/22  RNAV (GPS) RWY 28R, Orig-C.
19-May-22.............  FL           Hollywood...........  North Perry.........       2/6957      3/31/22  RNAV (GPS) RWY 10R, Orig-C.
19-May-22.............  GA           Greensboro..........  Greene County Rgnl..       2/8153      3/30/22  RNAV (GPS) RWY 7, Amdt 1E.
19-May-22.............  LA           Leesville...........  Leesville...........       2/8635       4/1/22  RNAV (GPS) RWY 18, Orig-A.
19-May-22.............  LA           Leesville...........  Leesville...........       2/8637       4/1/22  RNAV (GPS) RWY 36, Amdt 1A.
19-May-22.............  TN           Jackson.............  Mc Kellar-Sipes Rgnl       2/9906      3/31/22  RNAV (GPS) RWY 20, Orig-B.
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[FR Doc. 2022-08875 Filed 4-26-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 51 (Friday, March 15, 2013)]
[Rules and Regulations]
[Pages 16412-16414]
[FR Doc No: 2013-05955]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2012-0650; FRL-9789-9]

Approval and Promulgation of Air Quality Implementation Plans;
Indiana; Consent Decree Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a portion of Indiana's construction permit
rule for sources subject to the state operating permit program
regulations at 40 CFR part 70. These provisions authorize the state to
incorporate terms from Federal consent decrees or Federal district
court orders into these construction permits. EPA is also approving
public notice requirements for these permit actions. These rules will
help streamline the process for making Federal consent decree and
Federal district court order requirements permanent and Federally
enforceable.

DATES: This direct final rule will be effective May 14, 2013, unless
EPA receives adverse comments by April 15, 2013. If adverse comments
are received, EPA will publish a timely withdrawal of the direct final
rule in the Federal Register informing the public that the rule will
not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2012-0650, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: Genevieve Damico, Chief, Air Permits Section, Air Programs
Branch (AR-18J), U.S. Environmental Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Genevieve Damico, Chief, Air Permits Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are only
accepted during the Regional Office normal hours of operation, and
special arrangements should be made for deliveries of boxed
information. The Regional Office official hours of business are Monday
through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2012-0650. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Environmental Protection
Agency, Region 5, Air and Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays.
We recommend that you telephone Sam Portanova, Environmental Engineer,
at<PHONE_NUMBER> before visiting the Region 5 office.

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

I. What is being addressed in this document?
II. What are the changes that EPA is approving?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews.

I. What is being addressed in this document?

    EPA is approving 326 IAC 2-7-10.5(b) as a revision to Indiana's
State Implementation Plan (SIP). This provision authorizes Indiana to
issue construction permits to sources subject to the state operating
permit program regulations at 40 CFR part 70 (part 70 sources) that
include requirements from Federal district court orders of adjudication
and Federal consent decrees. Permits incorporating these requirements
are issued to sources that

are subject to Title V of the Clean Air Act (CAA). EPA is also
approving 326 IAC 2-7-10.5(k), which requires public notice procedures
for these permit revisions.

II. What are the changes that EPA is approving?

    On August 9, 2012, the Indiana Department of Environmental
Management (IDEM) submitted a SIP revision request to EPA for revisions
to the State's part 70 source construction permit rules. If approved,
the first revision would allow provisions from Federal district court
orders of adjudication and Federal consent decrees to be incorporated
into construction permits issued to sources that are subject to title V
of the CAA. The SIP submittal also included a second rule revision to
include public notice requirements for these permitting actions.
Indiana filed these rule revisions on February 6, 2012, and they became
effective on March 8, 2012.
    The rule revision in 326 IAC 2-7-10.5(b) provides for the
incorporation of control requirements and emission limits set forth in
a Federal district court order that adjudicates violations or a Federal
consent decree that is entered into for the purpose of resolving
alleged violations of the following: (1) Prevention of significant
deterioration provisions, (2) nonattainment new source review
requirements, (3) Section 112(g) and 112(j) of the CAA, or (4) 326 IAC
20 (state rules for National Emission Standards for Hazardous Air
Pollutants).
    The rule revision in 326 IAC 2-7-10.5(k) requires that construction
modification approval proceedings under 326 IAC 2-7-10.5 provide for
adequate opportunity for public notice established in 326 IAC 2-1.1.6
and 326 IAC 2-7-17. 326 IAC 2-1.1-6 is a SIP-approved rule that
contains public notice requirements for sources subject to 326 IAC
Article 2. 326 IAC 2-7-17 is the portion of Indiana's Federally
approved title V program that contains public notice requirements for
title V sources.
    EPA has not previously undertaken rulemaking on 326 IAC 2-7-10.5,
but has determined that the provisions of 326 IAC 2-7-10.5(b) and (k)
are severable from other sections of that rule. Therefore, this
approval does not affect the SIP approval status of the other portions
of this rule.
    The provision in 326 IAC 2-7-10.5(b) allows IDEM to establish the
provisions of Federal consent decree and Federal court orders as
Federally enforceable conditions in state-issued part 70 source
construction permits, which are permits issued pursuant to programs
approved under title I of the CAA. Upon their inclusion in the
construction permits, the consent decree and consent order provisions
become ``applicable requirements'' under 40 CFR 70.2, and will become
part of a source's title V permit through a title V permit
modification. Once incorporated into a construction permit under 326
IAC 2-7-10.5(b), the Federal consent decree and consent order
provisions will become permanently enforceable by both IDEM and EPA. It
should be noted, however, that this rule does not cause these
requirements to be incorporated directly into the SIP.

III. What action is EPA taking?

    EPA is approving Indiana's part 70 source construction permit rule
provisions at 326 IAC 2-7-10.5(b) and 326 IAC 2-7-10.5(k). We are
publishing this action without prior proposal because we view this as a
noncontroversial amendment and anticipate no adverse comments. However,
in the proposed rules section of this Federal Register publication, we
are publishing a separate document that will serve as the proposal to
approve the state plan if relevant adverse written comments are filed.
This rule will be effective May 14, 2013 without further notice unless
we receive relevant adverse written comments by April 15, 2013. If we
receive such comments, we will withdraw this action before the
effective date by publishing a subsequent document that will withdraw
the final action. All public comments received will then be addressed
in a subsequent final rule based on the proposed action. EPA will not
institute a second comment period. Any parties interested in commenting
on this action should do so at this time. Please note that if EPA
receives adverse comment on an amendment, paragraph, or section of this
rule and if that provision may be severed from the remainder of the
rule, EPA may adopt as final those provisions of the rule that are not
the subject of an adverse comment. If we do not receive any comments,
this action will be effective May 14, 2013.

IV. Statutory and Executive Order Reviews

    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.
    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).
    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 May 14, 2013. 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: March 4, 2013.
Susan Hedman,
Regional Administrator, Region 5.

    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.

0
2. In Sec.  52.770 the table in paragraph (c) is amended by adding a
new entry in ``Article 2. Permit Review Rules'' for ``Rule 7. Part 70
Permit Program'' in numerical order to read as follows:

Sec.  52.770  Identification of plan.

* * * * *
    (c) * * *

                                                            EPA-Approved Indiana Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      Indiana  effective
          Indiana citation                       Subject                     date                EPA approval date                    Notes
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Article 2. Permit Review Rules
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
Rule 7. Part 70 Permit Program:
    2-7-10.5........................  Part 70 permits; source       03/7/2012               3/15/2013, [INSERT PAGE      (b) and (k) only.
                                       modifications.                                       NUMBER WHERE THE...........
                                                                                DOCUMENT BEGINS]...........

                                                                      * * * * * * *
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[FR Doc. 2013-05955 Filed 3-14-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 98 (Tuesday, May 21, 2019)]
[Rules and Regulations]
[Pages 22969-22971]
[FR Doc No: 2019-10584]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2019-0203]
RIN 1625-AA08

Special Local Regulation; Upper Potomac River, National Harbor,
MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing special local regulations for
certain waters of the Upper Potomac River. This action is necessary to
provide for the safety of life on the navigable waters located at
National Harbor, MD, during a swim event on the morning of June 23,
2019. This regulation prohibits persons and vessels from entering the
regulated area unless authorized by the Captain of the Port Maryland-
National Capital Region or the Coast Guard Patrol Commander.

DATES: This rule is effective from 7 a.m. to 11 a.m. on June 23, 2019.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0203 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 Mr. Ron Houck, U.S. Coast Guard Sector Maryland-National
Capital Region; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Coast Guard Patrol Commander
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    Enviro-Sports Productions, Inc. of Stinson Beach, CA, notified the
Coast Guard that it will be conducting the Washington DC Sharkfest Swim
between 7:30 a.m. and 10:30 a.m. on June 23, 2019, along a course that
starts and finishes at the end of the commercial pier at National
Harbor, MD. In response, on April 9, 2019, the Coast Guard published a
notice of proposed rulemaking (NPRM) entitled ``Special Local
Regulation; Upper Potomac River, National Harbor, MD'' (84 FR 14061).
There we stated why we issued the NPRM, and invited comments on our
proposed regulatory action related to this open water swim event.
During the comment period that ended May 9, 2019, we received no
comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The Captain of the Port Maryland-National Capital Region (COTP)
has determined that potential hazards associated with the power boat
racing event will be a safety concern for anyone intending to operate
in or near the event area. The purpose of this rule is to protect event
participants, spectators, and transiting vessels on specified waters of
the Upper Potomac River before, during, and after the scheduled event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published April
9, 2019. 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 to be enforced
from 7 a.m. through 11 a.m. on June 23, 2019. There is no alternate
date planned for this event. The regulated area will cover all
navigable waters of the Upper Potomac River, within an area bounded by
a line connecting the following points: From the shoreline at latitude
38[deg]47'30.30'' N, longitude 077[deg]01'26.70'' W, thence west to
latitude 38[deg]47'30.00'' N, longitude 077[deg]01'37.30'' W, thence
south to latitude 38[deg]47'08.20'' N, longitude 077[deg]01'37.30'' W,
thence east to latitude 38[deg]47'09.00'' N, longitude
077[deg]01'09.20'' W, located at National Harbor, MD. The duration of
the special local regulations and size of the regulated area are
intended to ensure the safety of life on these navigable waters before,
during, and after the open water swim, scheduled from 7:30 a.m. to
10:30 a.m. on June 23, 2019.
    Except for participants and vessels already at berth, a person or
vessel within the regulated area at the start of enforcement of this
regulation must immediately depart the regulated area. A person or
vessel that desires to transit, moor, or anchor within the regulated
area must obtain authorization from the COTP Maryland-National Capital
Region or PATCOM. A person or vessel seeking such permission can
contact the COTP Maryland-National Capital Region at telephone number
410-576-2693 or on VHF-FM channel 16, or the PATCOM on VHF-FM channel
16 and channel 22A. A vessel within the regulated area must operate at
a safe speed that minimizes wake. Official Patrols are any vessel
assigned or approved by Commander, Coast Guard Sector Maryland-National
Capital Region with a commissioned, warrant, or petty officer on board
and displaying a Coast Guard ensign. If permission is granted, the
person or vessel must pass directly through the regulated area as
instructed by PATCOM. Official Patrols enforcing this regulated area
can be contacted on VHF-FM channel 16 and channel 22A. A person or
vessel not registered with the event sponsor as a participant or
assigned as official patrols would be considered a spectator. Official
Patrols will direct spectator vessels while within the regulated area.
A spectator vessel must not loiter within the navigable channel while
within the regulated area. The Coast Guard will publish a notice in the
Fifth Coast Guard District Local Notice to Mariners and issue a marine
information broadcast on VHF-FM marine band radio announcing specific
event date and times.

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 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 size, time of day
and duration of the regulated area, which will impact a small
designated area of the Upper Potomac River for 4 hours. The Coast Guard
would issue a Broadcast Notice to Mariners via VHF-FM channel 16 about
the status of the regulated area. Moreover, the rule would allow
vessels to seek permission to enter the regulated area, and vessel
traffic would be able to safely transit the regulated area once the
PATCOM deems it safe to do so.

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
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
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
implementation of regulations within 33 CFR part 100 applicable to
organized marine events on the navigable waters of the United States.
The temporary regulated area will be in effect for 4 hours. 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, 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: 46 U.S.C. 70041; 33 CFR 1.05-1.

0
2. Add Sec.  100.501T05-0203 to read as follows:

Sec.  100.501T05-0203  Special Local Regulation; Upper Potomac River,
National Harbor, MD.

    (a) Definitions. As used in this section:
    Captain of the Port (COTP) Maryland-National Capital Region means
the Commander, U.S. Coast Guard Sector

Maryland-National Capital Region or any Coast Guard commissioned,
warrant or petty officer who has been authorized by the COTP to act on
his behalf.
    Coast Guard Patrol Commander (PATCOM) means a commissioned,
warrant, or petty officer of the U.S. Coast Guard who has been
designated by the Commander, Coast Guard Sector Maryland-National
Capital Region.
    Official Patrol means any vessel assigned or approved by Commander,
Coast Guard Sector Maryland-National Capital Region with a
commissioned, warrant, or petty officer on board and displaying a Coast
Guard ensign.
    Participant means a person or vessel registered with the event
sponsor as participating in the Washington DC Sharkfest Swim or
otherwise designated by the event sponsor as having a function tied to
the event.
    Spectator means a person or vessel not registered with the event
sponsor as participants or assigned as official patrols.
    (b) Location. The following location is a regulated area. All
navigable waters of the Upper Potomac River, within an area bounded by
a line connecting the following points: From the Rosilie Island
shoreline at latitude 38[deg]47'30.30'' N, longitude 077[deg]01'26.70''
W, thence west to latitude 38[deg]47'30.00'' N, longitude
077[deg]01'37.30'' W, thence south to latitude 38[deg]47'08.20'' N,
longitude 077[deg]01'37.30'' W, thence east to latitude
38[deg]47'09.00'' N, longitude 077[deg]01'09.20'' W, thence southeast
along the pier to latitude 38[deg]47'06.30'' N, longitude
077[deg]01'02.50'' W, thence north along the shoreline and west along
the southern extent of the Woodrow Wilson (I-95/I-495) Memorial Bridge
and south and west along the shoreline to the point of origin, located
at National Harbor, MD. All coordinates reference Datum NAD 1983.
    (c) Special local regulations. (1) The COTP Maryland-National
Capital Region or PATCOM may forbid and control the movement of all
vessels and persons, including event participants, in the regulated
area. When hailed or signaled by an official patrol, a vessel or person
in the regulated area shall immediately comply with the directions
given by the patrol. Failure to do so may result in the Coast Guard
expelling the person or vessel from the area, issuing a citation for
failure to comply, or both. The COTP Maryland-National Capital Region
or PATCOM may terminate the event, or a participant's operations at any
time the COTP Maryland-National Capital Region or PATCOM believes it
necessary to do so for the protection of life or property.
    (2) Except for participants and vessels already at berth, a person
or vessel within the regulated area at the start of enforcement of this
section must immediately depart the regulated area.
    (3) A spectator must contact the PATCOM to request permission to
either enter or pass through the regulated area. The PATCOM, and
official patrol vessels enforcing this regulated area, can be contacted
on marine band radio VHF-FM channel 16 (156.8 MHz) and channel 22A
(157.1 MHz). If permission is granted, the spectator must pass directly
through the regulated area as instructed by PATCOM. A vessel within the
regulated area must operate at safe speed that minimizes wake. A
spectator vessel must not loiter within the navigable channel while
within the regulated area.
    (4) A person or vessel that desires to transit, moor, or anchor
within the regulated area must obtain authorization from the COTP
Maryland-National Capital Region or PATCOM. A person or vessel seeking
such permission can contact the COTP Maryland-National Capital Region
at telephone number<PHONE_NUMBER> or on Marine Band Radio, VHF-FM
channel 16 (156.8 MHz) or the PATCOM on Marine Band Radio, VHF-FM
channel 16 (156.8 MHz).
    (5) The Coast Guard will publish a notice in the Fifth Coast Guard
District Local Notice to Mariners and issue a marine information
broadcast on VHF-FM marine band radio announcing specific event date
and times.
    (d) Enforcement officials. The Coast Guard may be assisted with
marine event patrol and enforcement of the regulated area by other
Federal, State, and local agencies.
    (e) Enforcement period. This section will be enforced from 7 a.m.
to 11 a.m. on June 23, 2019.

    Dated: May 16, 2019.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2019-10584 Filed 5-20-19; 8:45 am]
 BILLING CODE 9110-04-P