[Federal Register Volume 84, Number 200 (Wednesday, October 16, 2019)]
[Notices]
[Pages 55375-55376]
[FR Doc No: 2019-22501]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0110]

Qualification of Drivers; Exemption Applications; Hearing

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

ACTION: Notice of applications for exemption; request for comments.

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SUMMARY: FMCSA announces receipt of applications from 29 individuals
for an exemption from the hearing requirement in the Federal Motor
Carrier Safety Regulations (FMCSRs) to operate a commercial motor
vehicle (CMV) in interstate commerce. If granted, the exemptions would
enable these hard of hearing and deaf individuals to operate CMVs in
interstate commerce.

DATES: Comments must be received on or before November 15, 2019.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2019-0110 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/docket?D=FMCSA-2019-0110. Follow the online
instructions for submitting comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
ET, Monday through Friday, except Federal Holidays.
     Fax:<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.

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

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2019-0110), indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so that FMCSA can contact you if there are questions
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov/docket?D=FMCSA-2019-0110. Click on the ``Comment Now!'' button and type
your comment into the text box on the following screen. Choose whether
you are submitting your comment as an individual or on behalf of a
third party and then submit.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the
comment period.

B. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to http://www.regulations.gov/docket?D=FMCSA-2019-0110 and choose the document to review. If you do
not have access to the internet, you may view the docket online by
visiting the Docket Management Facility in Room W12-140 on the ground
floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington,
DC 20590, between 9 a.m. and 5 p.m., ET, Monday through Friday, except
Federal holidays.

C. Privacy Act

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

II. Background

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-year period if it finds such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption. The statute also allows the Agency to renew exemptions at
the end of the 5-year period. FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
    The 29 individuals listed in this notice have requested an
exemption from the hearing requirement in 49 CFR 391.41(b)(11).
Accordingly, the Agency will evaluate the qualifications of each
applicant to determine whether granting the exemption will achieve the
required level of safety mandated by statute.
    The physical qualification standard for drivers regarding hearing
found in Sec.  391.41(b)(11) states that a person is physically
qualified to drive a CMV if that person first perceives a forced
whispered voice in the better ear at not less than 5 feet with or
without the use of a hearing aid or, if tested by use of an audiometric
device, does not have an average hearing loss in the better ear greater
than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a
hearing aid when the audiometric device is calibrated to American
National Standard (formerly ASA Standard) Z24.5--1951.

    This standard was adopted in 1970 and was revised in 1971 to allow
drivers to be qualified under this standard while wearing a hearing
aid, 35 FR 6458, 6463 (April 22, 1970) and 36 FR 12857 (July 3, 1971).
    On February 1, 2013, FMCSA announced in a Notice of Final
Disposition titled, ``Qualification of Drivers; Application for
Exemptions; National Association of the Deaf,'' (78 FR 7479), its
decision to grant requests from 40 individuals for exemptions from the
Agency's physical qualification standard concerning hearing for
interstate CMV drivers. Since that time the Agency has published
additional notices granting requests from hard of hearing and deaf
individuals for exemptions from the Agency's physical qualification
standard concerning hearing for interstate CMV drivers.

III. Qualifications of Applicants

Jeremy T. Albright

    Mr. Albright, 31, holds an operator's license in California.

Byron S. Allen

    Mr. Allen, 30, holds an operator's license in Florida.

Carlos Arellano

    Mr. Arellano, 32, holds an operator's license in California.

Ryan Arrington

    Mr. Arrington, 34, holds an operator's license in Minnesota.

Jeffrey A. Barbuto

    Mr. Barbuto, 38, holds an operator's license in New Hampshire.

Dain Covington

    Mr. Covington, 31, holds an operator's license in Virginia.

Tymekia L. Crawford

    Ms. Crawford, 26, holds an operator's license in Texas.

Brian J. Davlin

    Mr. Davlin, 50, holds a class A CDL in Nevada.

John Fazio

    Mr. Fazio, 37, holds a class A CDL in Ohio.

Alvin Grasty

    Mr. Grasty, 54, holds a class A CDL in Pennsylvania.

Derek Hawkins

    Mr. Hawkins, 37, holds an operator's license in New Hampshire.

Emil A. Iontchev

    Mr. Iontchev, 38, holds a class A CDL in Illinois.

Shane Kennedy

    Mr. Kennedy, 71, holds a class A CDL in Florida.

Lacey Mathis

    Ms. Mathis, 37, holds an operator's license in Tennessee.

Billy Joe McClain

    Mr. McClain, 53, holds a class A CDL in New York.

Danny W. McGowan

    Mr. McGowan, 42, holds a class A CDL in West Virginia.

Alan Mitchell

    Mr. Mitchell, 70, holds a class A CDL in New York.

Ronald Misner

    Mr. Misner, 57, holds a class A CDL in California.

Matthew Moore

    Mr. Moore, 34, holds a class A CDL in Texas.

Abdiwahab S. Olow

    Mr. Olow, 31, holds an operator's license in Minnesota.

Timothy Roberts

    Mr. Roberts, 29, holds an operator's license in Tennessee.

Gilbert L. Swagger, Jr.

    Mr. Swagger, 66, holds a class A CDL in Texas.

Teddy R. Tice

    Mr. Tice, 50, holds a class A CDL in New York.

Cameron Thomas

    Mr. Thomas, 33, holds an operator's license in Iowa.

Tyler Turner

    Mr. Turner, 52, holds an operator's license in Tennessee.

Jerry Ward

    Mr. Ward, 28, holds an operator's license in North Carolina.

Edward Wessels

    Mr. Wessels, 28, holds an operator's license in Missouri.

Joseph Williams

    Mr. Williams, 58, holds an operator's license in Maryland.

Thomas E. Wray

    Mr. Wray, 50, holds an operator's license in North Carolina.

IV. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315(b), FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments received before
the close of business on the closing date indicated under the DATES
section of the notice.

    Issued on: October 4, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-22501 Filed 10-15-19; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 76, Number 244 (Tuesday, December 20, 2011)]
[Proposed Rules]
[Pages 78872-78874]
[FR Doc No: 2011-32557]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-HQ-OAR-2008-0476; FRL- 9608-6]

EPA Responses to State and Tribal 2008 Ozone Designation
Recommendations: Notice of Availability and Public Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability and public comment period.

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SUMMARY: Notice is hereby given that the EPA has posted its responses
to state and tribal designation recommendations for the 2008 Ozone
National Ambient Air Quality Standards (NAAQS) on the Agency's Internet
Web site. The EPA invites public comments on its responses during the
comment period

specified in the DATES section. The EPA sent responses directly to the
states and tribes on or about December 9, 2011, and intends to make
final designation determinations for the 2008 Ozone NAAQS in spring
2012.

DATES: Comments must be received on or before January 19, 2012. Please
refer to SUPPLEMENTARY INFORMATION for additional information on the
comment period.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-OAR-
HQ-2008-0476, by one of the following methods:
     http://www.regulations.gov. Follow the online instructions
for submitting comments.
     Email<EMAIL_ADDRESS>Attention Docket ID No.
EPA-HQ-OAR-2008-0476.
     Fax:<PHONE_NUMBER>. Attention Docket ID No. EPA-HQ-OAR-
2008-0476.
     Mail: Air Docket, Attention Docket ID No. EPA-HQ-OAR-2008-
0476, Environmental Protection Agency, Mail Code: 6102T, 1200
Pennsylvania Ave. NW., Washington, DC 20460.
     Hand Delivery: EPA Docket Center, 1301 Constitution Avenue
NW., Room 3334, Washington, DC. Such deliveries are only accepted
during the Docket's normal hours of operation, and special arrangements
should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2008-0476. The 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 or other information whose disclosure
is restricted by statute. Do not submit information that you consider
to be confidential business information or otherwise protected through
www.regulations.gov or email. The www.regulations.gov web site is an
``anonymous access'' system, which means the 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 the 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, the 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 the EPA is unable to read your
comment and cannot contact you for clarification due to technical
difficulties, the EPA may not be able to consider your comment.
Electronic files should avoid the use of special characters, any form
of encryption, and be free of any defects or viruses. For additional
information about the EPA's public docket, visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm. For additional
instructions on submitting comments, go to Section II of the
SUPPLEMENTARY INFORMATION section of this document.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., confidential business
information or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, is not
placed on the Internet and will be publicly available only in hard copy
form. Publicly available docket materials are available either
electronically in www.regulations.gov or in hard copy at the EPA Docket
Center, EPA West, Room 3334, 1301 Constitution Avenue NW., Washington,
DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
Public Reading Room is<PHONE_NUMBER>, and the telephone number for the
Air Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: For general questions concerning this
action, please contact Carla Oldham, U.S. EPA, Office of Air Quality
Planning and Standards, Air Quality Planning Division, C539-04,
Research Triangle Park, NC 27711, telephone<PHONE_NUMBER>, email at
<EMAIL_ADDRESS>For questions about areas in the EPA Region 1,
please contact Richard Burkhart, U.S. EPA, telephone<PHONE_NUMBER>,
email at<EMAIL_ADDRESS>For questions about areas in the EPA
Region 2, please contact Bob Kelly, U.S. EPA, telephone<PHONE_NUMBER>,
email at<EMAIL_ADDRESS>For questions about areas in the EPA
Region 3, please contact Maria Pino, U.S. EPA, telephone (215) 814-
2181, email at<EMAIL_ADDRESS>For questions about areas in the EPA
Region 4, please contact Jane Spann, U.S. EPA, telephone (404) 562-
9029, email at<EMAIL_ADDRESS>For questions about areas in the EPA
Region 5, please contact Edward Doty, U.S. EPA, telephone (312) 886-
6057, email at<EMAIL_ADDRESS>For questions about areas in the
EPA Region 6, please contact Guy Donaldson, U.S. EPA, telephone (214)
665-7242, email at<EMAIL_ADDRESS>For questions about areas in
the EPA Region 7, please contact Lachala Kemp, U.S. EPA, telephone
(913) 551-7214, email at<EMAIL_ADDRESS>For questions about
areas in the EPA Region 8, please contact Scott Jackson, U.S. EPA,
telephone<PHONE_NUMBER>, email at<EMAIL_ADDRESS>For questions
about areas in the EPA Region 9, please contact John J. Kelly, U.S.
EPA, telephone<PHONE_NUMBER>, email at<EMAIL_ADDRESS>For
questions about areas in EPA Region 10, please contact Claudia Vaupel,
U.S. EPA, telephone<PHONE_NUMBER>, email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background and Purpose

    On March 12, 2008, the EPA revised the NAAQS for ozone to provide
increased protection of public health and welfare from ozone pollution
(73 FR 16436; March 27, 2008). The process for designating areas
following promulgation of a new or revised NAAQS is contained in Clean
Air Act (CAA) section 107(d) (42 U.S.C. 7407). Following the
promulgation of a new or revised standard, each governor or tribal
leader has an opportunity to recommend air quality designations,
including the appropriate boundaries for nonattainment areas, to the
EPA. The EPA considers these recommendations as part of its duty to
promulgate the formal area designations and boundaries for the new or
revised standards. By no later than 120 days prior to promulgating
designations, the EPA is required to notify states and tribes of any
intended modification to an area designation or boundary recommendation
that the EPA deems necessary. On or around December 9, 2011, the EPA
notified states and tribes of its intended area designations for the
2008 Ozone NAAQS. States and tribes now have an opportunity to
demonstrate why they believe an intended modification by the EPA may be
inappropriate. The EPA encouraged states and tribes to provide comments
and additional information for consideration by the EPA in finalizing
designations. The EPA plans to make final designation decisions for the
2008 Ozone NAAQS in spring 2012.
    The purpose of this notice is to solicit public comments from
interested parties other than states and tribes on the EPA's recent
responses to the state and tribal

designation recommendations for the 2008 Ozone NAAQS. These responses
can be found on the EPA's Internet Web site at http://www.epa.gov/ozonedesignations and also in the public docket for ozone designations
at Docket ID No. EPA-HQ-OAR-2008-0476. The CAA section 107(d) provides
a process for designations that involves recommendations by states and
tribes to the EPA and responses from the EPA to those parties, prior to
the EPA promulgating final designations and boundaries. The EPA is not
required under the CAA section 107(d) to seek public comment during the
designation process, but is electing to do so for the 2008 Ozone NAAQS
in order to gather additional information for the EPA to consider
before making final designations. The EPA invites public comment on its
responses to states and tribes during the 30-day comment period
provided by this notice. Due to the statutory timeframe for
promulgating designations set out in the CAA section 107(d), the EPA
will not be able to consider any public comments submitted after
January 19, 2012. This notice and opportunity for public comment does
not affect any rights or obligations of any state, tribe or the EPA
which might otherwise exist pursuant to the CAA section 107(d).
    Please refer to the ADDRESSES section above in this document for
specific instructions on submitting comments and locating relevant
public documents.
    In establishing nonattainment area boundaries, the EPA is required
to identify the area that does not meet the 2008 Ozone NAAQS and any
nearby area that is contributing to the area that does not meet that
standard. We are particularly interested in receiving comments,
supported by relevant information, if you believe that a specific
geographic area that the EPA is proposing to identify as a
nonattainment area should not be categorized by the CAA section 107(d)
criteria as nonattainment, or if you believe that a specific area not
proposed by the EPA to be identified as a nonattainment area should in
fact be categorized as nonattainment using the CAA section 107(d)
criteria. Please be as specific as possible in supporting your views.
     Describe any assumptions and provide any technical
information and/or data that you used.
     Provide specific examples to illustrate your concerns, and
suggest alternatives.
     Explain your views as clearly as possible.
     Make sure to submit your comments by the comment period
deadline identified in the DATES section above.

II. Instructions for Submitting Public Comments

What should I consider as I prepare my comments for the EPA?

    1. Submitting Confidential Business Information. Do not submit this
information to the EPA through www.regulations.gov or email. Clearly
mark the part or all of the information that you claim to be
confidential business information. For confidential business
information in a disk or CD-ROM that you mail to the EPA, mark the
outside of the disk or CD-ROM as confidential business information and
then identify electronically within the disk or CD-ROM the specific
information that is claimed as confidential business information. In
addition to one complete version of the comment that includes
information claimed as confidential business information, a copy of the
comment that does not contain the information claimed as confidential
business information must be submitted for inclusion in the public
docket. Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2. Send or deliver
information identified as confidential business information only to the
following address: Roberto Morales, U.S. EPA, Office of Air Quality
Planning and Standards, Mail Code C404-02, Research Triangle Park, NC
27711, telephone<PHONE_NUMBER>, email at<EMAIL_ADDRESS>
Attention Docket ID No. EPA-HQ-OAR-2008-0476.
    2. Tips for Preparing Your Comments. When submitting comments,
remember to:
     Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
     Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
     Describe any assumptions and provide any technical
information and/or data that you used.
     If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
     Provide specific examples to illustrate your concerns, and
suggest alternatives.
     Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
     Make sure to submit your comments by the comment period
deadline identified.

III. Internet Web Site for Rulemaking Information

    The EPA has also established a Web site for this rulemaking at
www.epa.gov/ozonedesignations. The Web site includes the state and
tribal designation recommendations, information supporting the EPA's
preliminary designation decisions, as well as the rulemaking actions
and other related information that the public may find useful.

    Dated: December 13, 2011.
Jennifer Noonan Edmonds,
Acting Director, Office of Air Quality Planning and Standards.
 [FR Doc. 2011-32557 Filed 12-19-11; 8:45 am]
BILLING CODE 6560-50-P


" Johnston, A. Todd" < ajohnston@ nma. org>

07/ 19/ 2006 10: 20 AM To Jason Burnett/ DC/ USEPA/ US@ EPA cc Subject Coarse PM Exclusion  States Ability to Regulate Dust ISSUE: Would the Proposed Exclusions of Coarse Particulate Matter ( 1) " dominated by rural windblown dust and soils and PM generated by agricultural and mining sources" and ( 2) from " agricultural sources, mining sources and other similar sources" prevent states or local governments from imposing reasonable controls on fugitive dusts in non urban areas, and from agricultural, mining and similar sources?

CONCLUSION: No, it would not. States have a full arsenal of authority and existing laws and controls to control rural and urban dusts under their police power, public and private nuisance laws, soil conservation laws, and air pollution control laws based on available control technology and best management practices. In addition, because EPA has determined that the excluded dust does not present substantial health or welfare concerns at ambient concentrations, there is no need to control dust for the purpose of meeting those standards. EPA cites Virginia v EPA, 108 F. 3d 1397 ( D. C. Cir. 1997), as supporting its contention that the coarse PM exclusion will unlawfully bar Governors from regulating coarse PM. That case holds that EPA cannot restrict the measures chosen by a state to achieve the ambient standards. Here, EPA is not mandating particular controls a state must adopt. Instead, EPA is not regulating non urban coarse PM because it does not pose health concerns  i. e., regulation is not " requisite" to protect public health. Because agricultural, mining and similar sources produce non urban coarse PM that has not been shown to pose a health concern, those sources do not need to be controlled under the PM NAAQS. States have authority both under their traditional " police power" and under section 116 of the Clean Air Act, to go beyond and enact provisions more stringent than those required by the Clean Air Act.

States neither need to, nor have they generally relied on, the PM NAAQS to make requirements for dust control. In fact, under EPA's rural fugitive dust policy and attainment guidance, states have not been required to control rural fugitive dusts even when those dusts exceeded the PM NAAQS. Control of coarse PM dusts, such as fugitive dusts, have been made on the basis of best management practices and control techniques, not NAAQS emission factors and models ( which are neither reasonably available nor adequate). BMPs are often imposed to eliminate nuisance and soiling. States have full power and authority under their police power to regulate nuisance and soiling. States have adopted emission control regulations, including fugitive dust control plans requiring agency approval, opacity, and best management practices, such as watering, windbreaks and speed limits, that must be applied. These measures are not based upon nor limited to PM2.5, PM10 or Total Suspended Particulate Matter, and instead control a broader and full spectrum of total particulate matter and dusts of much larger sizes that constitute the bulk of the mass of fugitive dusts generally. We know of no instance where EPA or a state was required to repeal control of a fugitive dust source because it was unnecessary to meet a PM NAAQS ( for instance when TSP was repealed and PM10 issued in 1987).


[Federal Register Volume 79, Number 175 (Wednesday, September 10, 2014)]
[Proposed Rules]
[Pages 53671-53673]
[FR Doc No: 2014-21463]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2014-0657]
RIN 1625-AA08

Special Local Regulation; Clearwater Super Boat National
Championship; Gulf of Mexico, Clearwater Beach, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a special local
regulation on the waters of the Gulf of Mexico in the vicinity of
Clearwater Beach, Florida during the Clearwater Super Boat National
Championship. The race is scheduled to take place annually from
approximately 10 a.m. to 5 p.m. daily during the last Saturday and
Sunday of September. The proposed special local regulation is necessary
to protect the safety of race participants, participant vessels,
spectators, and the general public on the navigable waters of the
United States during the event. The special local regulation would
restrict vessel traffic in the waters of the Gulf of Mexico in the
vicinity of Clearwater, Florida. It would establish the following three
areas: a race area, where all persons and vessels, except those persons
and vessels participating in the high speed boat races, are prohibited
from entering, transiting through, anchoring in, or remaining within; a
spectator area, where all vessels must be anchored or operate at No
Wake Speed; and an enforcement area where designated representatives
may control vessel traffic as determined by the prevailing conditions.

DATES: Comments and related material must be received by the Coast
Guard on or before October 10, 2014.

ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is<PHONE_NUMBER>.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Marine Science Technician First Class Hector I. Fuentes,
Sector St. Petersburg Prevention Department, Coast Guard; telephone
(813) 228-2191, email<EMAIL_ADDRESS>If you have questions
on viewing or submitting material to the docket, call Cheryl Collins,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
type the docket number USCG-2014-0657 in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number USCG-2014-0657 in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except federal
holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

4. Public Meeting

    We do not plan to hold a public meeting. But you may submit a
request for one, using one of the methods specified under ADDRESSES.
Please explain why you believe a public meeting would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.

B. Regulatory History and Information

    The Coast Guard is proposing to establish this special local
regulation on the waters of the Gulf of Mexico in the vicinity of
Clearwater Beach, Florida during the Clearwater Super Boat National
Championship. The race is scheduled to take place annually from
approximately 10 a.m. to 5 p.m. during the last Saturday and Sunday of
September. This proposed rule is necessary to protect the safety of
race participants, participant vessels, spectators, and the general
public on the

navigable waters of the United States during the event.

C. Basis and Purpose

    The legal basis for the proposed rule is the Coast Guard's
authority to establish special local regulations: 33 U.S.C. 1233, 33
CFR 1.05-1.
    The purpose of the proposed rule is to provide for the safety of
life on navigable waters of the United States during the Clearwater
Super Boat National Championship.

D. Discussion of Proposed Rule

    This proposed rule is necessary to establish a special local
regulation that will encompass certain waters of the Gulf of Mexico in
Clearwater Beach, Florida. The proposed special local regulations will
be enforced from approximately 10 a.m. to 5 p.m. normally occurring
annually during the last Saturday and Sunday of September. The proposed
special local regulations will establish the following three areas: (1)
A race area, where all persons and vessels, except those persons and
vessels participating in the high speed boat races, are prohibited from
entering, transiting through, anchoring in, or remaining within; (2) a
spectator area, where all vessels must be anchored or operate at No
Wake Speed; and (3) an enforcement area where designated
representatives may control vessel traffic as determined by the
prevailing conditions.
    Persons and vessels may request authorization to enter, transit
through, anchor in, or remain within the race area or buffer zone by
contacting the Captain of the Port St. Petersburg by telephone at (727)
824-7506, or a designated representative via VHF radio on channel 16.
If authorization to enter, transit through, anchor in, or remain within
the race area or buffer zone is granted by the Captain of the Port St.
Petersburg or a designated representative, all persons and vessels
receiving such authorization must comply with the instructions of the
Captain of the Port St. Petersburg or a designated representative.

E. Regulatory Analyses

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

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    The economic impact of this proposed rule is not significant for
the following reasons: (1) The special local regulations would be
enforced for only seven hours a day for two days; (2) although persons
and vessels are prohibited to enter, transit through, anchor in, or
remain within the race area or buffer zone without authorization from
the Captain of the Port St. Petersburg or a designated representative,
they may operate in the surrounding area during the enforcement period;
(3) persons and vessels may still enter, transit through, anchor in, or
remain within the race area and buffer zone, or anchor in the spectator
area, during the enforcement period if authorized by the Captain of the
Port St. Petersburg or a designated representative; and (4) the Coast
Guard would provide advance notification of the special local
regulations to the local maritime community by Local Notice to
Mariners, Broadcast Notice to Mariners and/or on-scene designate
representatives.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
will not have a significant economic impact on a substantial number of
small entities.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

3. Assistance for Small Entities

    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 proposed 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 above. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.

4. Collection of Information

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

5. Federalism

    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 proposed rule under that Order and
determined that this rule does not have implications for federalism.

6. 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.

7. 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 proposed rule would not
result in such expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.

9. Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.

10. Protection of Children From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.

11. Indian Tribal Governments

    This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments, because it would 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.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination 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 proposed rule is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. A preliminary environmental
analysis checklist supporting this determination is available in the
docket where indicated under ADDRESSES. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.

F. 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: 33 U.S.C. 1233.

0
2. Add a Special Local Regulation Sec.  100.721 to read as follows:

Sec.  100.721  Special Local Regulations; Clearwater Super Boat
National Championship, Gulf of Mexico; Clearwater Beach, FL.

    (a) Regulated Areas. The following regulated areas are established
as special local regulations. All coordinates are North American Datum
1983.
    (1) Race Area. All waters of the Gulf of Mexico contained within
the following points: 27[deg]58.67' N, 82[deg]50.32' W, thence to
position 27[deg]58.60' N, 82[deg]49.98' W, thence to position
28[deg]00.88' N, 82[deg]50.35' W, thence to position 28[deg]00.80' N,
82[deg]49.90' W, thence back to the original position, 28[deg]58.67' N,
82[deg]50.32' W.
    (2) Spectator Area. All waters of Gulf of Mexico seaward no less
than 150 yards from the race area and as agreed upon by the Coast Guard
and race officials.
    (3) Enforcement Area. All waters of the Gulf of Mexico encompassed
within the following points: 28[deg]58.67' N, 82[deg]50.62' W, thence
to position 28[deg]00.95' N, 82[deg]49.75' W, thence to position
27[deg]58.53' N, 82[deg]50.53' W, thence to position 27[deg]58.38' N,
82[deg]49.88' W, thence back to position 28[deg]58.67' N, 82[deg]50.62'
W.
    (b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port St. Petersburg in the enforcement of the regulated
areas.
    (c) Regulations.
    (1) All persons and vessels are prohibited from entering,
transiting through, anchoring in, or remaining within the Race Area
unless an authorized race participant.
    (2) Designated representatives may control vessel traffic
throughout the enforcement area as determined by the prevailing
conditions.
    (3) All vessels are to be anchored and/or operate at a No Wake
Speed in the spectator area. On-scene designated representatives will
direct spectator vessels to the spectator area.
    (4) Persons and vessels may request authorization to enter, transit
through, anchor in, or remain within the regulated areas by contacting
the Captain of the Port St. Petersburg by telephone at<PHONE_NUMBER>,
or a designated representative via VHF radio on channel 16. If
authorization is granted by the Captain of the Port St. Petersburg or a
designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port St. Petersburg or a designated representative.
    (d) Effective Date. This section is effective annually from
approximately 10 a.m. to 5 p.m. EDT daily during the last Saturday and
Sunday of September.

    Dated: August 13, 2014.
G.D. Case,
Captain, U.S. Coast Guard, Captain of the Port Saint Petersburg.
[FR Doc. 2014-21463 Filed 9-9-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 146 (Tuesday, July 30, 2013)]
[Rules and Regulations]
[Pages 45863-45864]
[FR Doc No: 2013-18229]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2013-0679]

Drawbridge Operation Regulation; Willamette River at Portland, OR

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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

SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that govern four Multnomah County bridges: The
Broadway Bridge, mile 11.7, the Burnside Bridge, mile 12.4, the
Morrison Bridge, mile 12.8, and the Hawthorne Bridge, mile 13.1, all
crossing the Willamette River at Portland, OR. This deviation is
necessary to accommodate the annual Portland Providence Bridge Pedal
event. This deviation allows the bridges to remain in the closed
position to allow safe movement of event participants.

DATES: This deviation is effective from 5 a.m. on August 11, 2013 to
12:30 p.m. August 11, 2013.

ADDRESSES: The docket for this deviation, [USCG-2013-0679] is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH.'' Click on Open Docket Folder on the line
associated with this deviation. You may also visit the Docket
Management Facility in Room W12-140 on the ground floor of the
Department of

Transportation West Building, 1200 New Jersey Avenue SE., Washington,
DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Lieutenant Commander Steven Fischer,
Bridge Specialist, Coast Guard Thirteenth District; telephone (206)220-
7282, email<EMAIL_ADDRESS>If you have questions on
viewing the docket, call Barbara Hairston, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Multnomah County has requested a temporary
deviation from the operating schedule for the Broadway Bridge, mile
11.7, the Burnside Bridge, mile 12.4, the Morrison Bridge, mile 12.8,
and the Hawthorne Bridge, mile 13.1, all crossing the Willamette River
at Portland, OR. The requested deviation is to accommodate the annual
Providence Bridge Pedal event. To facilitate this event, the draws of
the bridges will be maintained in the closed-to-navigation positions as
follows: the Broadway Bridge, mile 11.7; the Burnside Bridge, mile
12.4; Morrison Bridge, mile 12.8; and the Hawthorne Bridge, mile 13.1,
need not open for vessel traffic from 5 a.m. August 11, 2013 until
12:30 p.m. August 11, 2013. Vessels which do not require bridge
openings may continue to transit beneath these bridges during the
closure period. The Broadway Bridge, mile 11.7, provides a vertical
clearance of 90 feet in the closed position, the Burnside Bridge, mile
12.4, provides a vertical clearance of 64 feet in the closed position,
the Morrison Bridge, mile 12.8, provides a vertical clearance of 69
feet in the closed position, and the Hawthorne Bridge, mile 13.1,
provides a vertical clearance of 49 feet in the closed position; all
clearances are referenced to the vertical clearance above Columbia
River Datum 0.0. The current operating schedule for all four bridges is
set out in 33 CFR 117.897. The normal operating schedule for all four
bridges state that they need not open from 7 a.m. to 9 a.m. and from 4
p.m. to 6 p.m. Monday through Friday. This deviation period is from 5
a.m. on August 11, 2013 through 12:30 p.m. August 11, 2013. The
deviation allows the Broadway Bridge, mile 11.7, the Burnside Bridge,
mile 12.4, the Morrison Bridge, mile 12.8, and the Hawthorne Bridge,
mile 13.1, across the Willamette River, to remain in the closed
position and need not open for maritime traffic from 5 a.m. through
12:30 p.m. on August 11, 2013. The four bridges shall operate in
accordance to 33 CFR Sec.  117.897 at all other times. Waterway usage
on this stretch of the Willamette River includes vessels ranging from
commercial tug and barge to small pleasure craft. Mariners will be
notified and kept informed of the bridges' operational status via the
Coast Guard Notice to Mariners publication and Broadcast Notice to
Mariners as appropriate. The bridges will be required to open, if
needed, for vessels engaged in emergency response operations during
this closure period.
    In accordance with 33 CFR 117.35(e), the drawbridges must return to
their regular operating schedules immediately at the end of the
designated time period. This deviation from the operating regulations
is authorized under 33 CFR 117.35.

    Dated: July 24, 2013.
Daryl R. Peloquin,
Acting Bridge Administrator.
[FR Doc. 2013-18229 Filed 7-29-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 85, Number 196 (Thursday, October 8, 2020)]
[Notices]
[Pages 63642-63643]
[FR Doc No: 2020-22274]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2020-0124]

Agency Information Collection Activities: Requests for Comments;
Clearance of a New Approval of Information Collection: FAA Organization
Designation Authorization (ODA) Survey

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval for a new information collection.
The Federal Register Notice with a 60-day comment period soliciting
comments on the following collection of information was published on
February 4, 2020. The collection involves a survey of Organization
Designation Authorization (ODA) holders and ODA program applicants to
document and assess FAA certification and oversight activities. The
information to be collected is necessary because it is required of the
FAA per Section 213 of the FAA Reauthorization Act of 2018.

DATES: Written comments should be submitted by November 9, 2020.

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

FOR FURTHER INFORMATION CONTACT: Robert Busto by email at:
<EMAIL_ADDRESS>phone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information.
    OMB Control Number: 2120-XXXX.
    Title: FAA Organization Designation Authorization (ODA) Survey.
    Form Numbers: None.
    Type of Review: New information collection.
    Background: The Federal Register Notice with a 60-day comment
period soliciting comments on the following collection of information
was published on February 4, 2020 (85 FR 6528). Section 213 of the FAA
Reauthorization Act of 2018 requires FAA to establish an Expert Panel
comprised of ODA holders, aviation manufacturers, safety experts, and
FAA labor organizations. The Panel is instructed in the Act to conduct
a survey, ``of ODA holders and ODA program applicants to document and
assess FAA certification and oversight activities, including the use of
the ODA program and the timeliness and efficiency of the certification
process.'' The survey's purpose will be to provide information of
whether ODA processes and procedures function as intended, and such
information will be incorporated into the Expert Panel's report of
assessment and recommendations. To accomplish this survey, the FAA will
use an online survey, rather than a paper-based system, to reduce the
burden on respondents and ensure centralized protection and control of
the responses. Respondents taking the survey can do so anonymously.

    Respondents: We anticipate an 80% participation rate from a
respondent pool of approximately 82 ODA holders and applicants,
estimated to about 66 respondents.
    Frequency: We plan to distribute the survey one time to support the
requirement described in Section 213 of the FAA Reauthorization Act of
2018.
    Estimated Average Burden per Response: 2.5 hours to complete, 7.5
hours coordination, total 10 hrs.
    Estimated Total Annual Burden: 660 Hours total (220 annualized for
the 3-year approval window).

    Issued in Washington, DC.
Joy Wolf,
Management & Program Analyst for Regulatory and Guidance Processing,
Aircraft Certification Service.
[FR Doc. 2020-22274 Filed 10-7-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: February 7, 2007 (Volume 72, Number 25)]
[Notices]
[Page 5777]
[DOCID:fr07fe07-159]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55061A; File No. SR-NASDAQ-2006-061]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by the NASDAQ Stock Market LLC To
Codify Sponsored Access Rule

January 31, 2007.

Correction

    In FR Document No. E7-543, beginning on page 2052 for Wednesday,
January 17, 2007, the first paragraph is revised to read as follows:
    ``Pursuant to the provisions of Section 19(b)(1) under the
Securities Exchange Act of 1934 (``Act''),\1\ and Rule 19b-4
thereunder,\2\ notice is hereby given that on December 20, 2006, The
NASDAQ Stock Market LLC (``Nasdaq'') filed with the Securities and
Exchange Commission (``Commission'') the proposed rule change as
described in Items I, II, and III below, which Items have been prepared
by Nasdaq. Nasdaq filed the proposed rule change pursuant to Section
19(b)(3)(A) of the Act,\3\ and Rule 19b-4(f)(6) thereunder,\4\ which
renders the proposal effective upon filing with the Commission. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.''
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    For the Commission, by the Division of Market Regulation, pursuant
to delegated authority.\5\
---------------------------------------------------------------------------

    \5\ 17 CFR 200.30(a)(12).

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-1951 Filed 2-6-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 83, Number 189 (Friday, September 28, 2018)]
[Rules and Regulations]
[Pages 48954-48957]
[FR Doc No: 2018-21135]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0917]
RIN 1625-AA11

Regulated Navigation Area; Upper Mississippi River, Sabula
Railroad Drawbridge, Mile Marker 535, Sabula, IA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule; request for comments.

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

SUMMARY: The Coast Guard is establishing a temporary regulated
navigation area (RNA) for certain navigable waters of the Upper
Mississippi River under one of the navigable spans of the Sabula
Railroad Drawbridge at mile marker (MM) 535. The RNA is necessary to
protect persons, vessels, and the marine environment from potential
hazards associated with emergency repair work to the Sabula Railroad
Bridge following a vessel's allision with the bridge. This regulation
applies only to southbound vessel transits through the RNA, and
depending on the water flow as measured from Lock and Dam 12, this
regulation either prohibits transit or establishes operating
requirements unless a deviation is authorized by the Captain of the
Port Sector Upper Mississippi River or a designated representative. We
invite your comments on this rulemaking.

DATES: This rule is effective without actual notice from September 28,
2018 through November 30, 2018. For the purposes of enforcement, actual
notice will be used from September 24, 2018 through September 28, 2018.
Comments and related material must be received by the Coast Guard on or
before October 15, 2018.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0917 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 Lieutenant Commander Kody Stitz, Sector Upper Mississippi
River Prevention Department U.S. Coast Guard; telephone<PHONE_NUMBER>,
email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Upper Mississippi River
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(3)(B), the Coast Guard finds that
good cause exists for not publishing a notice of proposed rulemaking
(NPRM) with respect to this rule because it is impracticable. On
September 16, 2018, a vessel allided with the Sabula Railroad
Drawbridge and immediate action is needed to respond to the potential
hazards associated with emergency bridge repairs. It is impracticable
to publish an NPRM because we must establish this regulated navigation
area as soon as possible. The NPRM process would delay establishment of
the regulated navigation area until after the emergency repairs are
necessary and compromise public safety. However, the Coast Guard is
providing an opportunity to comment while the rule is in effect and may
amend the rule after it becomes effective, if necessary.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal

Register. Delaying the effective date of this rule would be contrary to
public interest because immediate action is needed to respond to the
potential safety hazards associated with emergency bridge repairs.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Eighth District Commander has determined that potential
hazards associated with emergency bridge repairs following an allision
will be a safety concern for vessels transiting southbound through the
right descending span, also known as Iowa span, of the Sabula Railroad
Drawbridge. This rule is necessary to protect persons, vessels, and the
marine environment on the navigable waters of the Upper Mississippi
River while the bridge is being repaired. The duration of this rule is
intended to cover the period of emergency repairs.

IV. Discussion of the Rule

    This rule establishes a temporary regulated navigation area from
September 21, 2018 through November 30, 2018, or until the emergency
bridge repairs are completed, whichever occurs first. The regulated
area covers all navigable waters of the Upper Mississippi River under
the right descending bank span, also known as the Iowa span, of the
Sabula Railroad Drawbridge at mile marker (MM) 535. This rule applies
only to southbound vessel transits through the RNA, and depending on
the water flow as measured from Lock and Dam 12, this regulation either
prohibits transit or establishes operating requirements unless a
deviation is authorized by the Captain of the Port Sector Upper
Mississippi River or a designated representative.
    When the water flow rate as measured from Lock and Dam 12 is
100kcfs or greater, vessels are prohibited from transiting southbound
through the RNA unless authorized by the Captain of the Port Sector
Upper Mississippi River (COTP) or a designated representative. When the
water flow rate as measured from Lock and Dam 12 is less than 100kcfs,
vessels may transit southbound through the RNA only if navigating at
their slowest safe speed and avoiding contact with any part of the
Sabula Railroad Drawbridge and the unprotected rest pier located on the
right descending side of the Sabula Railroad Drawbridge.
    When the water flow rate as measured from Lock and Dam 12 is less
than 100kcfs, vessels engaged in towing may transit southbound through
the RNA only if the size of the tow does not exceed 15 barges, the
towing vessels possess a minimum of 250 horsepower per loaded barge in
the tow, and the towing vessel uses an assist vessel of at least 1,000
horsepower when pushing three or more barges. If an assist vessel is
required by this rule, the assist vessel and the towing vessel must
discuss a plan to transit through the RNA before doing so and both the
assist vessel and the towing vessel must be capable of continuous two-
way voice communication during the transit.
    The COTP or a designated representative may review, on a case-by-
case basis, alternatives to the minimum operating or towing
requirements set forth in this rule and may approve a deviation from
these requirements should they provide an equivalent level of safety.
The COTP or a designated representative may determine, on a case-by-
case basis, that although the conditions triggering the RNA may be met,
the current potential hazards do not require that each requirement of
the RNA be enforced and that only certain of the above-prescribed
restrictions are necessary under the circumstances. The COTP or a
designated representative may consider environmental factors, the water
flow rate at Lock and Dam 12, mitigating safety factors, and the
completion progress of the bridge repairs among other factors. The COTP
or a designated representative will broadcast notice of such
determination and any subsequent changes. Notice that these vessel
operational conditions are anticipated to be put into effect, or are in
effect, will be given by Broadcast Notice to Mariners, Local Notices to
Mariners, Marine Safety Information Broadcasts, and/or actual notice,
as appropriate.

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 the limited
applicability of rule, the availability of an alternate route, and the
ability of the COTP to issue a deviation from the requirements of this
rule or suspend enforcement of this rule on a case-by-case basis. This
rule only affects southbound vessel transits through the RNA;
northbound vessels may transit the RNA at any time without
restrictions. In addition, the regulated area only covers the navigable
waters under the span of the Sabula Railroad Drawbridge that was
damaged in the allision, the right descending span, or Iowa span, of
the bridge. Vessels may transit north or southbound through the left
descending span, or Illinois span, at any time without restriction.
Finally, this rule allows vessels to seek permission to transit through
the RNA and/or deviate from the operating requirements, and also allows
the COTP to suspend enforcement of particular provisions of the RNA
under appropriate circumstances.

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 certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
temporary regulated area may be small entities, for the reasons stated
in section V.A above, this rule will not have a significant economic
impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.

    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969 (42 U.S.C. 4321-4370f), and have determined that this action is
one of a category of actions that do not individually or cumulatively
have a significant effect on the human environment. This rule involves
a regulated navigation area lasting approximately two months that
prohibits entry or establishes vessel operating requirements for
southbound transits through the right descending span of the Sabula
Railroad Drawbridge on the Upper Mississippi River while emergency
repairs are made to the bridge. It is categorically excluded from
further review under paragraph L60(d) of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 01. A Record of Environmental
Consideration supporting this determination will be made 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.

VI. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. The Coast Guard may amend this temporary final rule if we
receive comments from the public that indicate that a change is
warranted. If you submit a comment, please include the docket number
for this rulemaking, indicate the specific section of this document to
which each comment applies, and provide a reason for each suggestion.
    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this temporary final rule as being available
in the docket, and all public comments, will be in our online docket at
http://www.regulations.gov and can be viewed by following that
website's instructions. Additionally, if you go to the online docket
and sign up for email alerts, you will be notified when comments are
posted.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T08-0917 to read as follows:

Sec.  165.T08-0917  Regulated Navigation Area; Upper Mississippi River,
Sabula Railroad Drawbridge, Mile Marker 535, Sabula, IA.

    (a) Location. The following area is a regulated navigation area
(RNA): All navigable waters of the Upper Mississippi River under the
right descending bank span, also known as the Iowa span, of the Sabula
Railroad Drawbridge at mile marker (MM) 535.
    (b) Effective period. This section is effective from September 21,
2018 through November 30, 2018, or until the emergency bridge repairs
are completed, whichever occurs first.
    (c) Applicability. This section only applies to vessels transiting
southbound through the RNA.
    (d) Regulations. (1) In accordance with the general regulations
contained in 33 CFR 165.10, 165.11, and 165.13, when the water flow
rate as measured from Lock and Dam 12 is 100kcfs or greater, vessels
are prohibited from transiting southbound through the RNA unless
authorized by the Captain of the

Port Sector Upper Mississippi River (COTP) or a designated
representative.
    (2) When the water flow rate as measured from Lock and Dam 12 is
less than 100kcfs, vessels may transit southbound through the RNA only
under the following conditions:
    (i) Vessels operate at their slowest safe speed; and
    (ii) Vessels avoid contacting any part of the Sabula Railroad
Drawbridge and the unprotected rest pier located on the right
descending side of the Sabula Railroad Drawbridge.
    (3) When the water flow rate as measured from Lock and Dam 12 is
less than 100kcfs, vessels engaged in towing may transit southbound
through the RNA only under the following conditions:
    (i) The size of the tow does not exceed 15 barges; and
    (ii) The towing vessel possesses a minimum of 250 horsepower per
loaded barge in the tow; and
    (iii) When pushing three or more barges, an assist vessel of at
least 1,000 horsepower is utilized.
    (4) If an assist vessel is required under this section, before
entering the RNA:
    (i) The assist vessel and the tow vessel shall discuss a plan to
transit through the bridge, and
    (ii) Both the assist vessel and the towing vessel shall be capable
of continuous two-way voice communication while transiting through the
bridge.
    (5) The COTP or a designated representative may review, on a case-
by-case basis, alternatives to the minimum operating or towing
requirements and conditions set forth in subparagraphs (d)(2)-(d)(4) of
this section and may approve a deviation to these requirements and
conditions should they provide an equivalent level of safety.
    (6) The COTP or a designated representative may determine, on a
case-by-case basis, that although the conditions triggering the RNA may
be met, the current potential hazards do not require that each
requirement of the RNA be enforced and that only certain of the above-
prescribed restrictions are necessary under the circumstances. The COTP
or a designated representative may consider environmental factors, the
water flow rate at Lock and Dam 12, mitigating safety factors, and the
completion progress of bridge the repairs among other factors. The COTP
or a designated representative shall broadcast such notice of such
determination and any changes under the provisions of paragraph (e).
    (e) Notice of requirements. Notice that these vessel operational
conditions are anticipated to be put into effect, or are in effect,
will be given by Broadcast Notice to Mariners, Local Notices to
Mariners, Marine Safety Information Broadcasts, and/or actual notice,
as appropriate.

    Dated: September 24, 2018
P.F. Thomas,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2018-21135 Filed 9-27-18; 8:45 am]
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[Federal Register: August 22, 2008 (Volume 73, Number 164)]
[Notices]
[Page 49664-49665]
[DOCID:fr22au08-48]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project Nos. 12540-002; 12545-002; 12549-002]

Hydrodynamics, Inc.; Notice of Applications Accepted for Filing,
Soliciting Motions To Intervene and Protests, Ready for Environmental
Analysis, and Soliciting Comments, Terms and Conditions,
Recommendations, and Prescriptions

August 14, 2008.
    Take notice that the following hydroelectric applications have been
filed with the Commission and are available for public inspection.
    a. Type of Application: Minor unconstructed projects.
    b. Projects Nos.: 12540-002, 12545-002, and 12549-002.
    c. Date filed: March 31, 2008.
    d. Applicant: Hydrodynamics, Inc.
    e. Name of Projects: Woods, Johnson, and A-Drop.
    f. Location: On the Greenfields Main Canal and the Greenfields
South Canal, parts of the U. S. Bureau of Reclamation's existing Sun
River Irrigation Project, in Cascade and Teton Counties, Montana, near
Fairfield, Montana.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r)
    h. Applicant Contact: Roger Kirk, Hydrodynamics, Inc., P.O. Box
1136, Bozeman, MT 59771,<PHONE_NUMBER>.
    i. FERC Contact: Dianne Rodman, Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426; telephone
(202) 502-6077 or by e-mail at<EMAIL_ADDRESS>    j. Deadline for filing motions to intervene and protests, comments,
terms and conditions, recommendations, and prescriptions: 60 days from
the issuance of this notice. All reply comments must be filed with the
Commission within 105 days from the date of this notice.
    All documents (original and eight copies) should be filed with:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426.
    The Commission's Rules of Practice require all intervenors filing
documents with the Commission to serve a copy of that document on each
person on the official service list for the project. Further, if an
intervenor files comments or documents with the Commission relating to
the merits of an issue that may affect the responsibilities of a
particular resource agency, they must also serve a copy of the document
on that resource agency.
    Motions to intervene, protests, comments, terms and conditions,
recommendations, and prescriptions may be filed electronically via the
Internet in lieu of paper. The Commission strongly encourages
electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the instructions
on the Commission's Web site (http://www.ferc.gov) under the ``e-
Filing'' link.
    k. The applications have been accepted for filing and are now ready
for environmental analysis.
    l. The proposed Woods Project would be built at the Greenfields
Main Canal's Woods drop structure. The applicant proposes to construct:
(1) An inflatable weir spanning the full width of the canal; (2) an
intake structure with trash rack and radial gate or stop-log shut off;
(3) a buried, 72-inch-diameter, 750-foot-long steel or polyethylene
penstock; (4) a powerhouse containing one Francis or propeller
(Reaction) turbine and one generator with a rated output of 900
kilowatts (kW); (5) a tailrace returning flows to the canal; (6) a
switchyard; and (7) a 376-foot-long, 69-kilovolt (kV) transmission line
interconnecting with an existing powerline. Average annual generation
would be 2.2 gigawatt-hours (GWh).
    The proposed Johnson Project would be built at the Greenfields
South Canal's Johnson drop structure. The applicant proposes to
construct: (1) An inflatable weir spanning the width of the canal; (2)
an intake structure with trash rack and radial gate or stop-log shut
off; (3) a buried, 60-inch-diameter, 900-foot-long steel or
polyethylene penstock; (4) a powerhouse containing one Francis or
propeller (Reaction) turbine and one generator with a rated output of
700 kW; (5) a tailrace returning flows to the canal; (6) a switchyard;
(7) a 1,024-foot-long, 69-kV transmission line interconnecting with an
existing powerline; and (8) a powerhouse access road. Average annual
generation would be 1.7 GWh.
    The proposed A-Drop Project would be built at the Greenfields Main
Canal's Greenfield drop structure. The applicant proposes to construct:
(1) An inflatable weir spanning the width of the canal; (2) an intake
structure with trash rack and radial gate or stop-log shut off; (3) a
buried, 96-inch-diameter, 830-foot-long steel or polyethylene penstock;
(4) a powerhouse containing one Francis or propeller (Reaction) turbine
and one generator with a rated output of 1,000 kW; (5) a tailrace
returning flows to the canal; (6) a switchyard; (7) a buried 144-foot-
long, 12-kV transmission line interconnecting with an existing
powerline; and (8) an approximately 730-foot-long powerhouse access
road. Average annual generation would be 2.5 GWh.
    m. Copies of the applications are available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's Web site at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number, excluding the last three digits, in the
docket number field to access each of the documents. For assistance,
contact FERC Online Support at<EMAIL_ADDRESS>or toll-free
at 1-866-208-3676, or for TTY,<PHONE_NUMBER>. Copies are also
available for inspection and reproduction at the address in item h
above.
    Register online at http://www.ferc.gov/docs-filing/
esubscription.asp to be notified via e-mail of new filings and
issuances related to this or other pending projects. For assistance,
contact FERC Online Support.
    n. Any qualified applicant desiring to file a competing application
must submit to the Commission, on or before the specified intervention
deadline date, a competing development application, or a notice of
intent to file such an application. Submission of a timely notice of
intent allows an interested person to file the competing development
application no later than 120 days after the specified intervention
deadline date. Applications for preliminary permits will not be
accepted in response to this notice.
    A notice of intent must specify the exact name, business address,
and telephone number of the prospective applicant, and must include an
unequivocal statement of intent to submit a development application. A
notice of intent must be served on the applicant named in this public
notice.
    Anyone may submit comments, a protest, or a motion to intervene in
accordance with the requirements of Rules of Practice and Procedure, 18
CFR 385.210, 385.211, and 385.214. In determining the appropriate
action to take, the Commission will consider all

protests or other comments filed, but only those who file a motion to
intervene in accordance with the Commission's Rules may become a party
to the proceedings. Any comments, protests, or motions to intervene
must be received on or before the specified comment date for the
particular application.
    All filings must (1) Bear in all capital letters the title
``PROTEST'', ``MOTION TO INTERVENE'', ``NOTICE OF INTENT TO FILE
COMPETING APPLICATION'', ``COMPETING APPLICATION'', ``COMMENTS'',
``REPLY COMMENTS'', ``RECOMMENDATIONS'', ``TERMS AND CONDITIONS'', or
``PRESCRIPTIONS''; (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person protesting or intervening; and (4) otherwise comply with the
requirements of 18 CFR 385.2001 through 385.2005. All comments,
recommendations, terms and conditions or prescriptions must set forth
their evidentiary basis and otherwise comply with the requirements of
18 CFR 4.34(b). Agencies may obtain copies of the applications directly
from the applicant. A copy of any protest or motion to intervene must
be served upon each representative of the applicant specified in the
particular application. A copy of all other filings in reference to
these applications must be accompanied by proof of service on all
persons listed in the service lists prepared by the Commission in these
proceedings, in accordance with 18 CFR 4.34(b) and 385.2010.
    o. A license applicant must file no later than 60 days following
the date of issuance of this notice: (1) A copy of the water quality
certification(s); (2) a copy of the request(s) for certification,
including proof of the date on which the certifying agency received the
request(s); or (3) evidence of waiver(s) of water quality
certification.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
 [FR Doc. E8-19471 Filed 8-21-08; 8:45 am]

BILLING CODE 6717-01-P