[Federal Register Volume 77, Number 247 (Wednesday, December 26, 2012)]
[Rules and Regulations]
[Pages 75853-75855]
[FR Doc No: 2012-30913]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0956]
RIN 1625-AA00

Safety Zone; Bone Island Triathlon, Atlantic Ocean; Key West, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters of the Atlantic Ocean in Key West, Florida, during the Bone
Island Triathlon on Saturday, January 12, 2013. The safety zone is
necessary to provide for the safety of life on navigable waters during
the event. Persons and vessels are prohibited from entering, transiting
through, anchoring in, or remaining within the safety zone unless
authorized by the Captain of the Port Key West or a designated
representative.

DATES: This rule is effective from 7:00 a.m. until 12:00 p.m. on
January 12, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-0956]. To view documents mentioned in this preamble as being
available in the docket, go to 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 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary final rule, call or email Marine Science Technician First
Class William G. Winegar, Sector Key West Prevention Department, Coast
Guard; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>If
you have questions on viewing the docket, call Renee V. Wright, 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. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the Coast Guard did not receive
necessary information about the event until November 27, 2012. As a
result, the Coast Guard did not have sufficient time to publish an NPRM
and to receive public comments prior to the event. Any delay in the
effective date of this rule would be contrary to the public interest
because immediate action is needed to minimize potential danger to the
race participants, participant vessels, spectators, and the general
public.
    For the same reason discussed above, 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.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and other limited access areas: 33
U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Public Law 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1.
    The purpose of the rule is to protect race participants,
participant vessels, spectators, and the general public from the
hazards associated with the event.

C. Discussion of the Final Rule

    On January 12, 2013, Questor Multisport, LLC is hosting the Bone
Island Triathlon. The event will be held on the waters of the Atlantic
Ocean located south of Key West, Florida. Approximately 1000 swimmers
will be participating in the race. It is anticipated that at least 10
spectator vessels will be present during the races.
    The safety zone encompasses certain waters of the Atlantic Ocean
located south of Key West, Florida. The safety zone will be enforced
from 7 a.m. until 12 p.m. on January 12, 2013. All persons and vessels,
except those participating in the event, are prohibited from entering,
transiting, anchoring, or remaining in the safety zone area.
    Persons and vessels may request authorization to enter, transit
through, anchor in, or remain within the race area by contacting the
Captain of the Port Key West by telephone at<PHONE_NUMBER>, or a
designated representative via VHF radio on channel 16. If authorization
to enter, transit through, anchor in, or remain within the race area is
granted by the Captain of the Port Key West or a designated
representative, all persons and vessels receiving such authorization
must comply with the instructions of the Captain of the Port Key West
or a designated representative. The Coast Guard will provide notice of
the regulated area by Local Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated representatives.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 14 of these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of

Executive Order 12866, Regulatory Planning and Review, as supplemented
by Executive Order 13563, 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 rule is not significant for the
following reasons: (1) The safety zone will only be enforced for five
hours; (2) vessel traffic in the area is expected to be minimal during
the enforcement period; (3) although persons and vessels will not be
able to enter, transit through, anchor in, or remain within the safety
zone without authorization from the Captain of the Port Key West or a
designated representative, they may operate in the surrounding area
during the enforcement period; (4) persons and vessels may still enter,
transit through, anchor in, or remain within the safety zone if
authorized by the Captain of the Port Key West or a designated
representative; and (5) the Coast Guard will provide advance
notification of the safety zone to the local maritime community by
Local Notice to Mariners and Broadcast Notice to Mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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. This rule may affect the following entities, some of which
may be small entities: The owners or operators of vessels intending to
enter, transit through, anchor in, or remain within that portion of the
Atlantic Ocean encompassed within the safety zone from 7:00 a.m. until
12:00 p.m. on January 12, 2013. For the reasons discussed in the
Regulatory Planning and Review section above, this rule will not have a
significant economic impact on a substantial number of small entities.

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 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,
above.
    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.

4. Collection of Information

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

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 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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

    This rule does not have Tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

12. Energy Effects

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

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human

environment. This rule is categorically excluded, under Figure 2-1,
paragraph (34)(g), of the Instruction. This rule involves establishing
a temporary safety zone that will be enforced for a total of five
hours. An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, 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; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.

0
2. Add a temporary Sec.  165.T07-0956 to read as follows:

Sec.  165.T07-0956  Safety Zone; Bone Island Triathlon, Atlantic Ocean,
Key West, FL.

    (a) Regulated Area. All waters of the Atlantic Ocean located south
of Key West encompassed within a line connecting the following points
are designated a safety zone: Starting at Point 1 in position
24[deg]32'49'' N, 81[deg]47'21'' W; thence south to Point 2 in position
24[deg]32'33'' N, 81[deg]47'05'' W; thence northeast to Point 3 in
position 24[deg]32'56'' N, 81[deg]45'40'' W; thence north to Point 4 in
position 24[deg]33'09'' N, 81[deg]45'40'' W; thence southwest following
the shoreline back to origin. All coordinates are North American Datum.
    (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 Key West in the enforcement of the regulated area.
    (c) Regulations. (1) All persons and vessels, except those
participating in the event, are prohibited from entering, transiting
through, anchoring in, or remaining within the regulated area unless
authorized by the Captain of the Port Key West or a designated
representative.
    (2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the Captain of the
Port Key West by telephone at<PHONE_NUMBER>, or a designated
representative via VHF radio on channel 16, to request authorization.
If authorization to enter, transit through, anchor in, or remain within
the regulated area is granted by the Captain of the Port Key West or a
designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Key West or a designated representative.
    (3) The Coast Guard will provide notice of the regulated area by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
representatives.
    (d) Effective Date. This rule is effective from 7:00 a.m. until
12:00 p.m. on January 12, 2013.

    Dated: December 6, 2012.
A.S. Young Sr.,
Captain, U.S. Coast Guard, Captain of the Port Key West.
[FR Doc. 2012-30913 Filed 12-21-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 83, Number 13 (Friday, January 19, 2018)]
[Notices]
[Pages 2868-2869]
[FR Doc No: 2018-00843]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0428]

Hours of Service; Electronic Logging Devices; Limited 90-Day
Waiver; Truck Renting and Leasing Association, Inc.

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

ACTION: Notice; grant of waiver.

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SUMMARY: FMCSA grants a limited 3-month waiver from the Federal hours-
of-service (HOS) requirements for electronic logging devices (ELDs) to
motor carriers and drivers operating property-carrying commercial motor
vehicles (CMVs) that are rented for a period not exceeding 30 days. The
Agency takes this action in response to a waiver request from the Truck
Renting and Leasing Association, Inc. (TRALA). The Agency has
determined that granting this waiver is in the public interest and will
likely achieve a level of safety that is equivalent to the level that
would be achieved absent the waiver, based on the terms and conditions
imposed.

DATES: This waiver is effective January 19, 2018, through April 19,
2018.

FOR FURTHER INFORMATION CONTACT: Thomas L. Yager, Chief, Driver and
Carrier Operations Division, Office of Bus and Truck Standards and
Operations, Federal Motor Carrier Safety Administration, 1200 New
Jersey Ave. SE, Washington, DC 20590. Email: [email protected]. Phone:
(614) 942-6477.

SUPPLEMENTARY INFORMATION:

Legal Basis

    The Transportation Equity Act for the 21st Century (TEA-21) (Pub.
L. 105-178, 112 Stat. 107, sec. 4007(a) June 9, 1998) provides the
Secretary of Transportation (the Secretary) the authority to grant
waivers from any of the Federal Motor Carrier Safety Regulations issued
under Chapter 313 of Title 49 of the United States Code or 49 U.S.C.
31136, to a person(s) seeking regulatory relief (49 U.S.C. 31136(e),
31315(a)). The Secretary must make a determination that the waiver is
in the public interest and that it is likely to achieve a level of
safety that is equivalent to, or greater than, the level of safety that
would be obtained in the absence of the waiver. Individual waivers may
be granted only for a specific unique, non-emergency event, for a
period up to three months. TEA-21 authorizes the Secretary to grant
waivers without prior notice or request for public comment.
    The Administrator of FMCSA has been delegated authority under 49
CFR 1.87(e) to carry out the functions vested in the Secretary by 49
U.S.C. chapter 311, subchapters I and III, relating to commercial motor
vehicle programs and safety regulations.

Background

    TRALA is a national trade association representing companies that
engage in commercial truck renting and leasing as well as consumer
truck rentals. Its membership encompasses major independent firms such
as Ryder System, Penske Truck Leasing, U-Haul, Budget, and Enterprise
Truck Rental, as well as small and medium-size businesses that
generally participate as members of four leasing group systems:
Idealease, NationaLease, PACCAR Leasing company, and Mack Leasing
System-Volvo Truck Leasing. In total, its nearly 500 member companies
operate more than 5,000 commercial leasing and rental locations, and
more than 20,000 consumer rental locations throughout the United
States, Mexico, and Canada. ``Renting'' is a term of art in the vehicle
leasing industry, generally meaning a transaction granting the
exclusive use of a vehicle for 30 days or less, whereas a lease
generally means a transaction granting the exclusive use of a vehicle
for more than 30 days.
    In November 2016, TRALA submitted a petition requesting a 5-year
exemption on behalf of operators of property-carrying commercial motor
vehicles rented for 30 days or fewer from the requirement that motor
carriers whose drivers are required to keep records of duty status
(RODS) under the HOS rules generally must employ ELDs beginning
December 18, 2017, in lieu of paper logs, pursuant to an FMCSA rule
published December 16, 2015 (80 FR 78292). While TRALA stated that it
supported the ELD mandate, it was concerned about unintended technical
and operational consequences that would unfairly and adversely affect
short-term rental vehicles, namely, lack of interoperability between
the motor carrier's ELD technology and the rental company's platform,
potentially precluding data transfer between the two systems. TRALA
also raised concerns about data liability, particularly if the rental
companies needed to bear the burden of safeguarding data on behalf of
the motor carrier.
    In accordance with 49 CFR 381.315, FMCSA sought public comment on
TRALA's exemption request (82 FR 14789 (Mar. 22, 2017)). FMCSA
evaluated TRALA's application and the public comments and granted a
limited exception, subject to specified terms and conditions, but only
for rentals not exceeding 8 days (82 FR 47306 (Oct. 11, 2017)).

Waiver Request

    After FMCSA granted TRALA's exemption in part, TRALA filed a
request for a 90-day waiver from the ELD requirement for truck rentals
not exceeding 30 days. TRALA indicated that a 90-day waiver would allow
rental companies and their customers ``critical additional time to
develop compliance strategies'' to address ``unique issues relating to
the use of ELDs in short-term rental vehicles'' and allow time for

TRALA to consider whether to petition for reconsideration of FMCSA's
action on its exemption.
    TRALA described unique challenges faced by operators of short-term
rentals, namely the lack of interoperability between ELD device
platforms, a situation that requires rental companies to address how
their customers' drivers might record their HOS using ELDs as
efficiently as possible. TRALA described several steps its members have
taken since FMCSA's October 11, 2017, decision granting a partial
exemption for rental trucks, including building cloud-based portal
systems between ELD providers and purchasers of ELDs. Nevertheless,
TRALA states that additional time is required and that a 90-day waiver
would allow its members to continue working through the issues
presented by the required technology and the need for individual
customer-based compliance strategies.
    TRALA stated that the waiver would not result in any adverse impact
on safety as drivers of rental vehicles would remain subject to HOS
regulations and the requirement to keep paper records of duty status
under 49 CFR 395.3 and 395.8. Furthermore, TRALA stated that planned
enforcement activities would not be compromised, given the decision
that CMVs will not be placed out-of-service and carriers' Safety
Measurement System scores will not be impacted for failure to employ
ELDs through April 1, 2018.
    Finally, TRALA explained why the waiver would not serve as a safe
harbor for carriers seeking to avoid compliance with the HOS
regulations, given the increased cost of operating under short-term
rental arrangements.

FMCSA Determination

    Given the obstacles to ELD implementation unique to short-term CMV
rentals and the impact on carriers renting trucks for a period not
exceeding 30 days, FMCSA finds it is in the public interest to grant a
limited 3-month waiver from the requirement that carriers and drivers
operating rental CMVs in interstate commerce employ ELDs effective
December 18, 2017. This waiver will avoid business disruptions for
carriers required to employ short-term rentals, regardless of the
reason, and allow businesses renting CMVs to continue their work to
reconcile the ELD requirement with the needs of their individual
customers. Given the brief time frame during which the waiver will be
in effect and the terms and conditions applicable to drivers operating
under its provisions, FMCSA finds that a level of safety is likely to
be achieved that is equivalent to the level that would be obtained
absent the waiver. Because this waiver applies to all short-term truck
rentals not exceeding 30 days, during a time period both the previous
exemption and this waiver are in effect, this waiver supersedes the
exemption granted to TRALA on October 11, 2017 (82 FR 47306) to the
extent there is any inconsistency.

Terms and Conditions of the Waiver

    (1) This waiver from the requirements of 49 CFR 395.8(a)(1)(i) is
effective from January 19, 2018, through April 19, 2018.
    (2) This exemption covers rental of any property-carrying CMV for a
period of 30 days or less, regardless of the reason for the rental.
Evidence that a carrier has replaced one rental CMV with another on 30-
day cycles or attempted to renew a rental agreement for the same CMV
for a period beyond 30 days will be regarded as a violation of the
waiver.
    (3) Carriers and drivers operating under this waiver must comply
with all other applicable requirements of the Federal Motor Carrier
Safety Regulations, including the preparation of paper records of duty
status (RODS) for operations which are currently considered to be
subject to the HOS rules and the record retention requirements
associated with those RODs and supporting documents.
    (4) Motor carriers operating under this waiver must have a
``satisfactory'' safety rating from FMCSA or be unrated; motor carriers
with ``conditional'' or ``unsatisfactory'' safety ratings are
prohibited from taking advantage of the waiver.
    (5) Carriers operating under this waiver must ensure that their
drivers carry a copy of this Federal Register notice in the vehicle and
present it to motor carrier safety enforcement officials upon request.
    (6) Crash Notification to FMCSA
    Carriers operating under this waiver must notify FMCSA within 5
business days of any accident (as defined in 49 CFR 390.5), involving
any of the motor carrier's drivers operating under the terms of this
waiver. The notification must include the following information:
    (a) Identity of Waiver: ``TRALA,''
    (b) Date of the accident,
    (c) City or town, and State, in which the accident occurred, or
closest to the accident scene,
    (d) Driver's name and license number,
    (e) Co-driver's name and license number (if applicable),
    (f) Vehicle number and State license number,
    (g) Number of individuals suffering physical injury,
    (h) Number of fatalities,
    (i) The police-reported cause of the accident,
    (j) Whether the driver was cited for violation of any traffic laws
or motor carrier safety regulations, and
    (k) The total driving time and total on-duty time period prior to
the accident.
    Accident notifications must be emailed to [email protected].
    (7) FMCSA expects that any drivers and their employing motor
carrier operating under the terms and conditions of this waiver will
maintain their safety record. Should any safety problems be discovered,
however, FMCSA will take all steps necessary to protect the public
interest. Use of this waiver is voluntary, and FMCSA will immediately
revoke the waiver for any interstate driver or motor carrier for
failure to comply with the terms and conditions of the waiver.

Preemption of State Requirements

    Consistent with 49 U.S.C. 31315(d), this waiver preempts
inconsistent State or local requirements applicable to interstate
commerce.

    Issued on: January 12, 2018.
Cathy F. Gautreaux,
Deputy Administrator.
[FR Doc. 2018-00843 Filed 1-18-18; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register: March 30, 2009 (Volume 74, Number 59)]
[Notices]
[Page 14183]
[DOCID:fr30mr09-115]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Membership in the National Parks Overflights Advisory Group
Aviation Rulemaking Committee

ACTION: Notice.

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SUMMARY: By Federal Register notices (See 73 FR 61447; October 16, 2008
and 73 FR 77102, December 18, 2008) the National Park Service (NPS) and
the Federal Aviation Administration (FAA) invited interested persons to
apply to fill a vacant position on the National Parks Overflights
Advisory Group (NPOAG) Aviation Rulemaking Committee (ARC). This notice
invited interested persons to apply to fill the vacancy representing
Native American tribal concerns due to the incumbent member's
completion of a three-year term appointment on April 2, 2009. This
notice informs the public of the person selected to fill the vacancy on
the NPOAG ARC.

FOR FURTHER INFORMATION CONTACT: Barry Brayer, Special Programs Staff,
Federal Aviation Administration, Western-Pacific Region Headquarters,
P.O. Box 92007, Los Angeles, CA 90009-2007, telephone:<PHONE_NUMBER>,
e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The National Parks Air Tour Management Act of 2000 (the Act) was
enacted on April 5, 2000, as Public Law 106-181. The Act required the
establishment of the advisory group within 1 year after its enactment.
The NPOAG was established in March 2001. The advisory group is
comprised of a balanced group of representatives of general aviation,
commercial air tour operations, environmental concerns, and Native
American tribes. The Administrator of the FAA and the Director of NPS
(or their designees) serve as ex officio members of the group.
Representatives of the Administrator and Director serve alternating 1-
year terms as chairman of the advisory group.
    In accordance with the Act, the advisory group provides ``advice,
information, and recommendations to the Administrator and the
Director--
    (1) On the implementation of this title [the Act] and the
amendments made by this title;
    (2) On commonly accepted quiet aircraft technology for use in
commercial air tour operations over a national park or tribal lands,
which will receive preferential treatment in a given air tour
management plan;
    (3) On other measures that might be taken to accommodate the
interests of visitors to national parks; and
    (4) At the request of the Administrator and the Director, safety,
environmental, and other issues related to commercial air tour
operations over a national park or tribal lands.''

Membership

    The current NPOAG ARC is made up of one member representing general
aviation, three members representing the commercial air tour industry,
four members representing environmental concerns, and two members
representing Native American interests.
    Current members of the NPOAG ARC are as follows: Randy Kenagy
representing general aviation; Alan Stephen, Elling Halvorson, and
Matthew Zuccaro representing commercial air tour operations; Chip
Dennerlein, Greg Miller, Mark Peterson, and Don Barger representing
environmental interests; and Rory Majenty and Richard Deertrack
representing Native American tribes.

Selection

    Selected to fill this vacancy, for an additional term, is returning
member Rory Majenty. Mr. Majenty's term begins on April 3, 2009. The
term of service for NPOAG ARC members is 3 years.

    Issued in Hawthorne, CA on March 9, 2009.
Barry Brayer,
Manager, Special Progams Staff, Western-Pacific Region.
[FR Doc. E9-5667 Filed 3-27-09; 8:45 am]

BILLING CODE 4910-13-M


[Federal Register: July 14, 2006 (Volume 71, Number 135)]
[Notices]
[Page 40089]
[DOCID:fr14jy06-59]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP01-382-016]

Northern Natural Gas Company; Notice of Filing of Reimbursement
Report

July 6, 2006.
    Take notice that on June 30, 2006, Northern Natural Gas Company
(Northern) tendered for filing various schedules detailing the Carlton
buyout and surcharge dollars reimbursed to the appropriate parties.
    Northern further states that copies of the filing have been mailed
to each of its customers and interested State Commissions.
    Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing will be considered by the
Commission in determining the appropriate action to be taken, but will
not serve to make protestants parties to the proceeding. Such protests
must be filed on or before the date as indicated below. Anyone filing a
protest must serve a copy of that document on all the parties to the
proceeding.
    The Commission encourages electronic submission of protests in lieu
of paper using the ``eFiling'' link at http://www.ferc.gov. Persons

unable to file electronically should submit an original and 14 copies
of the protest to the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on July 13, 2006.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-11171 Filed 7-13-06; 8:45 am]

BILLING CODE 6717-01-P