[Federal Register Volume 78, Number 67 (Monday, April 8, 2013)]
[Proposed Rules]
[Pages 20846-20847]
[FR Doc No: 2013-08087]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2013-0033; Airspace Docket No. 13-AEA-1]

Proposed Establishment of Class E Airspace; Leesburg, VA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of Proposed Rulemaking (NPRM).

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SUMMARY: This action proposes to establish Class E surface airspace at
Leesburg, VA, to aid Potomac TRACON in the safe and orderly flow of air
traffic at Leesburg Executive Airport. This action would enhance the
safety and airspace management of Instrument Flight Rules (IFR)
operations at the airport.

DATES: Comments must be received on or before May 23, 2013. The
Director of the Federal Register approves this incorporation by
reference action under title 1, Code of Federal Regulations, part 51,
subject to the annual revision of FAA, Order 7400.9 and publication of
conforming amendments.

ADDRESSES: Send comments on this rule to: U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey SE., Washington, DC 20590-0001; Telephone: 1-
800-647-5527; Fax:<PHONE_NUMBER>. You must identify the Docket Number
FAA-2013-0033; Airspace Docket No. 13-AEA-1, at the beginning of your
comments. You may also submit and review received

comments through the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, P.O.
Box 20636, Atlanta, Georgia 30320; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to comment on this rule by
submitting such written data, views, or arguments, as they may desire.
Comments that provide the factual basis supporting the views and
suggestions presented are particularly helpful in developing reasoned
regulatory decisions on the proposal. Comments are specifically invited
on the overall regulatory, aeronautical, economic, environmental, and
energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA-2013-0033; Airspace Docket No. 13-AEA-1) and be submitted in
triplicate to the Docket Management System (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at http://www.regulations.gov.
    Persons wishing the FAA to acknowledge receipt of their comments on
this action must submit with those comments a self-addressed stamped
postcard on which the following statement is made: ``Comments to Docket
No. FAA-2013-0033; Airspace Docket No. 13-AEA-1.'' The postcard will be
date/time stamped and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded from and
comments submitted through http://www.regulations.gov. Recently
published rulemaking documents can also be accessed through the FAA's
Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see the ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal
holidays. An informal docket may also be examined between 8:30 a.m. and
5:00 p.m. Monday through Friday, except Federal holidays at the office
of the Eastern Service Center, Federal Aviation Administration, room
350, 1701 Columbia Avenue, College Park, Georgia 30337.
    Persons interested in being placed on a mailing list for future
NPRM's should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
to request a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking distribution System, which describes the application
procedure.

The Proposal

    The FAA is considering an amendment to Title 14, Code of Federal
Regulations (14 CFR) part 71 to establish Class E surface airspace at
Leesburg, VA, providing the controlled airspace required to aid Potomac
TRACON in the safe and orderly flow of air traffic at Leesburg
Executive Airport. Controlled airspace extending upward from the
surface within a 6-mile radius of the airport would be established for
the safety and management of IFR operations.
    Class E surface airspace designations are published in Paragraph
6002 of FAA Order 7400.9W, dated August 8, 2012, and effective
September 15, 2012, which is incorporated by reference in 14 CFR 71.1.
The Class E airspace designation listed in this document will be
published subsequently in the Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore, (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a Regulatory Evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this proposed rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This proposed rulemaking is promulgated under the authority
described in Subtitle VII, Part, A, Subpart I, Section 40103. Under
that section, the FAA is charged with prescribing regulations to assign
the use of airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This proposed regulation is within the scope
of that authority as it would establish Class E surface airspace at
Leesburg Executive Airport, Leesburg, VA.
    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

The Proposed Amendment:

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR Part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for Part 71 continues to read as follows:

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.9V, Airspace Designations and Reporting
Points, dated August 9, 2011, effective September 15, 2011, is amended
as follows:

Paragraph 6002 Class E airspace designated as surface areas.

* * * * *

AEA VA E2 Leesburg, VA [New]

Leesburg Executive Airport, VA
    (Lat. 49[deg]04'41'' N., long. 7577[deg]33'27'' W.)

    That airspace extending upward from the surface within a 6-mile
radius of Leesburg Executive Airport.

    Issued in College Park, Georgia, on March 29, 2013.
Barry A. Knight,
Manager, Operations Support Group, Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2013-08087 Filed 4-5-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 207 (Wednesday, October 26, 2016)]
[Notices]
[Pages 74464-74468]
[FR Doc No: 2016-25801]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2016-0030]

Assistance to Firefighters Grant Program

AGENCY: Federal Emergency Management Agency (FEMA), Department of
Homeland Security (DHS).

ACTION: Notice of availability of grant application and application
deadline.

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SUMMARY: Pursuant to the Federal Fire Prevention and Control Act of
1974, as amended (15 U.S.C. 2229), the Administrator of the Federal
Emergency Management Agency (FEMA) is publishing this notice describing
the Fiscal Year (FY) 2016 Assistance to Firefighters Grant (AFG)
Program application process, deadlines, and award selection criteria.
This notice explains the differences, if any, between these guidelines
and those recommended by representatives of the national fire service
leadership during the annual meeting of the Criteria Development Panel,
which was held November 9-10, 2015. The application period for the FY
2016 AFG Program will be held October 11, 2016 through November 18,
2016, and will be announced on the AFG Web site www.fema.gov/firegrants, as well as www.grants.gov.

    Authority:  15 U.S.C. 2229.

DATES: Grant applications for the Assistance to Firefighters Grants
will be accepted electronically at https://portal.fema.gov, from
October 11, 2016 through November 18, 2016, at 5:00 p.m. Eastern Time.

ADDRESSES: Assistance to Firefighters Grants Branch, DHS/FEMA, 400 C
Street SW., 3N, Washington, DC 20472-3635.

FOR FURTHER INFORMATION CONTACT: Catherine Patterson, Branch Chief,
Assistance to Firefighters Grant Branch, 1-866-274-0960.

SUPPLEMENTARY INFORMATION: The AFG Program awards grants directly to
fire departments, nonaffiliated emergency medical services (EMS)
organizations, and state fire training academies (SFTAs) for the
purpose of enhancing the abilities of first responders to protect the
health and safety of the public, as well as first-responder personnel
facing fire and fire-related hazards.
    Applications for the FY 2016 AFG Program will be submitted and
processed online at https://portal.fema.gov. Before the application
period starts, the FY 2016 AFG Notice of Funding Opportunity (NOFO)
will be published on the AFG Web site www.fema.gov/firegrants. The AFG
Web site will also provide additional information and materials useful
to applicants including: (1) Frequently Asked Questions; (2) Get Ready
Guide; and (3) Quick Reference Guide. Based on past AFG application
periods, it is expected that 10,000 to 15,000 applications will be
submitted for FY 2016 AFG Program grant funds. FEMA anticipates that it
will be able to award approximately 3,000 grants with the available
grant funding.

Appropriations

    For the FY 2016 Assistance to Firefighters Grant Program, Congress
appropriated $345,000,000 (see: the Department of Homeland Security
Appropriations Act, 2016, Public Law 114-1130. From this amount,
$310,500,000 will be made available for AFG awards. In addition, the
Federal Fire Prevention and Control Act of 1974, as amended (15 U.S.C.
2229), requires that a minimum of 10 percent of available funds be
expended for Fire Prevention and Safety Grants (FP&S), to be made
directly to local fire departments and to local, regional, state, or
national entities recognized for their expertise in the fields of fire
prevention and firefighter safety research and development. Funds
appropriated for

FY 2016 will be available for obligation and award until September 30,
2017.
    The Federal Fire Prevention and Control Act of 1974 further directs
FEMA to administer the appropriations according to the following
requirements:
     Career (fire department): Not less than 25 percent of
available grant funds.
     Volunteer (fire department): Not less than 25 percent of
available grant funds.
     Combination (fire department) and departments using paid-
on-call firefighting personnel--not less than 25 percent of available
grant funds.
     Open Competition: Career, volunteer, and combination fire
departments and fire departments using paid-on-call firefighting
personnel--not less than 10 percent of available grant funds awarded.
     Emergency Medical Services Providers: Fire departments and
nonaffiliated EMS organizations; not less than 3.5 percent of available
grants funds awarded, with nonaffiliated EMS providers receiving no
more than 2 percent of the total available grant funds.
     State Fire Training Academies (SFTAs): No more than 3
percent of available grant funds shall be collectively awarded to state
fire training academy applicants, with a maximum of $500,000 to be
awarded per applicant.
     Vehicles: Not more than 25 percent of available grant
funds may be used for the purchase of vehicles; 10 percent of the total
vehicle funds will be dedicated to funding ambulances. The allocation
of funding will be distributed as equally as possible among urban,
suburban, and rural community applicants. The remaining Vehicle
Acquisition funds will be awarded competitively without regard to
community classification.
     Micro Grants: This is a voluntary funding limitation
choice made by the applicant for requests submitted for Operations and
Safety Grant Component Program; it is not an additional funding
opportunity. Micro Grants are awards that have a federal participation
(share) that does not exceed $25,000. Only fire departments and
nonaffiliated EMS organizations are eligible to choose Micro Grants,
and the only eligible Micro Grants activities are Training, Equipment,
Personal Protective Equipment (PPE), and Wellness and Fitness.
Applicants that select Micro Grants as a funding opportunity may
receive additional consideration for award. If an applicant selects
Micro Grants in their application, they will be limited in the total
amount of funding their organization can be awarded; if they are
requesting funding in excess of $25,000 federal participation, they
should not select Micro Grants.

Background of the AFG Program

    Since 2001, AFG has helped firefighters and other first responders
to obtain critically needed equipment, protective gear, emergency
vehicles, training, and other resources needed to protect the public
and emergency personnel from fire and related hazards. FEMA awards the
grants on a competitive basis to the applicants that best address the
AFG Program's priorities and provide the most compelling justification.
Applications that best address the Program's priorities will be
reviewed by a panel composed of fire service personnel.

Application Evaluation Criteria

    Prior to making a grant award, FEMA is required by 31 U.S.C. 3321
and 41 U.S.C. 2313 to review information available through any Office
of Management and Budget (OMB)-designated repositories of government-
wide eligibility qualification or financial integrity information.
Therefore, application evaluation criteria may include the following
risk based considerations of the applicant: (1) Financial stability;
(2) quality of management systems and ability to meet management
standards; (3) history of performance in managing federal award; (4)
reports and findings from audits; and (5) ability to effectively
implement statutory, regulatory, or other requirements.
    FEMA will rank all complete and submitted applications based on how
well they match program priorities for the type of jurisdiction(s)
served. Answers to activity-specific questions provide information used
to determine each application's ranking relative to the stated program
priorities.
    Funding priorities and criteria for evaluating AFG applications are
established by FEMA based on the recommendations from the Criteria
Development Panel (CDP). The CDP is comprised of fire service
professionals that make recommendations to FEMA regarding the creation
of new or the modification of previously established funding
priorities, as well as developing criteria for awarding grants. The
content of the NOFO reflects implementation of the CDP's
recommendations with respect to the priorities and evaluation criteria
for awards.
    The nine major fire service organizations represented on the CDP
are:

 International Association of Fire Chiefs
 International Association of Fire Fighters
 National Volunteer Fire Council
 National Fire Protection Association
 National Association of State Fire Marshals
 International Association of Arson Investigators
 International Society of Fire Service Instructors
 North American Fire Training Directors
 Congressional Fire Service Institute

Review and Selection Process

    AFG applications are reviewed through a multi-phase process. First,
applications are electronically pre-scored and ranked; then scored
competitively by (no less than three) members of the Peer Review Panel.
Applications are also evaluated through a series of internal FEMA
review processes for completeness, adherence to programmatic
guidelines, technical feasibility, and anticipated effectiveness of the
proposed project(s). The review process is outlined below:

1. Pre-Scoring Process

    The application undergoes an electronic pre-scoring process based
on established program priorities listed within the NOFO. Application
narratives are not reviewed during pre-scoring. Request details and
budget information should comply with program guidance and statutory
funding limitations. The pre-score is 50 percent of the total
application score.

2. Peer Review Panel Process

    Applications with the highest pre-score will be evaluated by a peer
review process. The peer review is comprised of fire service
representatives recommended by CDP national organizations. The
panelists assess the merits of each application with respect to the
detail provided in the narrative section of the application, including
the evaluation elements listed in the Narrative Evaluation Criteria
below. The panel will independently score each project within the
application, discuss the merits and/or shortcomings of the application,
and document its findings. A consensus is not required. The panel score
is 50 percent of the total application score.

3. Technical Evaluation Process

    The highest ranked applications are deemed within the fundable
range. Applications that are in the fundable range undergo both a
technical review by a subject matter expert (SME), as well as a FEMA
AFG Branch review prior to being recommended for award. The

FEMA AFG Branch will assess the request with respect to costs,
quantities, feasibility, eligibility, and recipient responsibility
prior to recommending an application for award.
    Once the technical evaluation process is complete, the cumulative
score for each application will be determined and a final ranking of
applications will be generated. FEMA will award grants based on this
final ranking and the required funding limitations in statute.

Narrative Evaluation Criteria

1. Financial Need (25%)

    Applicants should describe their financial need and how consistent
it is with the intent of the AFG Program. This statement should include
details describing the applicant's financial distress, summarizing
budget constraints, unsuccessful attempts to secure other funding, and
proving the financial distress is out of their control.

2. Project Description and Budget (25%)

    This statement should clearly explain the applicant's project
objectives and the relationship between those objectives and the
applicant's budget and risk analysis. The applicant should describe the
various activities applied for with respect to any program priority or
facility modifications, ensuring they are consistent with project
objectives, the applicant's mission, and any national, state, and/or
local requirements. Applicants should link the proposed expenses to
operations and safety, as well as the completion of the project goals.

3. Operations and Safety/Cost Benefit (25%)

    Applicants should describe how they plan to address the operations
and personal safety needs of their organization, including cost
effectiveness and sharing assets. This statement should also include
details about gaining the maximum benefits from grant funding by citing
reasonable or required costs, such as specific overhead and
administrative costs. The applicant's request should also be consistent
with their mission and identify how funding will benefit their
organization and personnel.

4. Statement of Effect/Impact on Daily Operations (25%)

    This statement should explain how this funding request will enhance
the organization's overall effectiveness. It should address how this
request will improve daily operations and reduce the organization's
common risk(s). Applicants should include how frequently the requested
item(s) will be used and in what capacity. Applicants should also
indicate how the requested item(s) will help the community and increase
the organization's ability to save additional lives and property.

Eligible Applicants

    Fire Departments: Fire departments operating in any of the 56
states, which include any state of the United States, the District of
Columbia, the Commonwealth of the Northern Mariana Islands, the U.S.
Virgin Islands, Guam, American Samoa, the Commonwealth of Puerto Rico;
or, any federally recognized Indian tribe or tribal organization, are
eligible applicants. A fire department is an agency or organization
having a formally recognized arrangement with a state, territory,
local, or tribal authority (city, county, parish, fire district,
township, town, or other governing body) to provide fire suppression to
a population within a geographically fixed primary first due response
area.
    Nonaffiliated EMS organizations: Nonaffiliated EMS organizations
operating in any of the 56 states, which include any state of the
United States, the District of Columbia, the Commonwealth of the
Northern Mariana Islands, the U.S. Virgin Islands, Guam, American
Samoa, the Commonwealth of Puerto Rico; or, any federally recognized
Indian tribe or tribal organization, are eligible applicants. A
nonaffiliated EMS organization is an agency or organization that is a
public or private nonprofit emergency medical services entity providing
medical transport that is not affiliated with a hospital and does not
serve a geographic area in which emergency medical services are
adequately provided by a fire department.
    FEMA considers the following as hospitals under the AFG Program:
     Clinics
     Medical centers
     Medical college or university
     Infirmary
     Surgery centers
     Any other institution, association, or foundation
providing medical, surgical, or psychiatric care and/or treatment for
the sick or injured.
    State Fire Training Academies: A State Fire Training Academy (SFTA)
operating in any of the 56 states, which includes any state of the
United States, the District of Columbia, the Commonwealth of the
Northern Mariana Islands, the U.S. Virgin Islands, Guam, American
Samoa, and the Commonwealth of Puerto Rico is an eligible applicant.
Applicants must be designated either by legislation or by a Governor's
declaration as the sole state fire service training agency within a
state. The designated SFTA shall be the only State agency/bureau/
division, or entity within that State, to be an eligible AFG SFTA
applicant.

Ineligibility

     FEMA considers two or more separate fire departments or
nonaffiliated EMS organizations sharing facilities as being one
organization. If two or more organizations share facilities, and each
organization submits an application in the same program area, FEMA may
deem all of those program area applications to be ineligible to avoid
any duplication of benefits.
     Fire-based EMS organizations are not eligible to apply as
nonaffiliated EMS organizations. Fire-based EMS training and equipment
must be requested by a fire department under the AFG component program
Operations and Safety.

Statutory Limits to Funding

    Congress has enacted statutory limits to the amount of funding that
a grant recipient may receive from the AFG Program in any single fiscal
year (15 U.S.C. 2229(c)(2)) based on the population served. Awards will
be limited based on the size of the population protected by the
applicant, as indicated below. Notwithstanding the annual limits stated
below, the FEMA Administrator may not award a grant in an amount that
exceeds one percent of the available grants funds in such fiscal year,
except where it is determined that such recipient has an extraordinary
need for a grant in an amount that exceeds the one percent aggregate
limit.
     In the case of a recipient that serves a jurisdiction with
100,000 people or fewer, the amount of available grant funds awarded to
such recipient shall not exceed $1 million in any fiscal year.
     In the case of a recipient that serves a jurisdiction with
more than 100,000 people but not more than 500,000 people, the amount
of available grant funds awarded to such recipient shall not exceed $2
million in any fiscal year.
     In the case of a recipient that serves a jurisdiction with
more than 500,000 but not more than 1 million people, the amount of
available grant funds awarded to such recipient shall not exceed $3
million in any fiscal year.
     In the case of a recipient that serves a jurisdiction with
more than 1 million people but not more than 2,500,000 people, the
amount of available grant funds awarded to such recipient shall not
exceed $6 million for any fiscal year, but is subject to the one
percent aggregate cap of $3,450,000 for FY 2016.

     In the case of a recipient that serves a jurisdiction with
more than 2,500,000 people, the amount of available grant funds awarded
to such recipient shall not exceed $9 million in any fiscal year, but
is subject to the one percent aggregate cap of $3,450,000 for FY 2016.
     FEMA may not waive the caps on the maximum amount of
available grant funds awarded based upon population.
    The cumulative total of the federal share of awards in Operations
and Safety, Regional and Vehicle Acquisition activities will be
considered when assessing award amounts and any limitations thereto.
Applicants may request funding up to the statutory limit on each of
their applications.
    For example, an applicant that serves a jurisdiction with more than
100,000 people but not more than 500,000 people may request up to $2
million on their Operations and Safety Application and up to $2 million
on their Vehicle Acquisition Request. However, should both grants be
awarded, the applicant would have to choose which award to accept if
the cumulative value of both applications exceeds the statutory limits.

Cost Sharing and Maintenance of Effort

    Grant recipients must share in the costs of the projects funded
under this grant program as required by 15 U.S.C. 2229(k)(1) and in
accordance with applicable federal regulations governing grants in
effect at the time a grant is awarded to a grant recipient, but they
are not required to have the cost-share at the time of application nor
at the time of award. However, before a grant is awarded, FEMA will
contact potential awardees to determine whether the grant recipient has
the funding in hand or if the grant recipient has a viable plan to
obtain the funding necessary to fulfill the cost-sharing requirement.
    In general, an eligible applicant seeking a grant shall agree to
make available non-federal funds equal to not less than 15 percent of
the grant awarded. However, the cost share will vary as follows based
on the size of the population served by the organization:
     Applicants serving areas with populations above 20,000 but
not more than 1 million shall agree to make available non-federal funds
equal to not less than 10 percent of the total project cost.
     Applicants that serve populations of 20,000 or less must
match the federal grant funds with an amount of non-federal funds equal
to 5 percent of the total project cost.
    The cost share of state fire training academies and joint/regional
projects will be based on the entire state or region, not the
population of the host organization.
    On a case by case basis, FEMA may allow grant recipient that
already own assets (equipment or vehicles) to use the trade-in
allowance/credit value of those assets as ``cash'' for the purpose of
meeting the cost-share obligation of their AFG award. In-kind cost-
share matches are not allowed.
    Grant recipients under this grant program must also agree to a
maintenance of effort requirement as required by 15 U.S.C. 2229(k)(3)
(referred to as a ``maintenance of expenditure'' requirement in that
statute). A grant recipient shall agree to maintain during the term of
the grant the applicant's aggregate expenditures relating to the
activities allowable under the NOFO at not less than 80 percent of the
average amount of such expenditures in the two fiscal years preceding
the fiscal year in which the grant amounts are received.
    In cases of demonstrated economic hardship, and on the application
of the grant recipient, the Administrator of FEMA may waive or reduce a
grant recipient's cost share requirement or maintenance of expenditure
requirement. As required by statute, the Administrator of FEMA has
established guidelines for determining what constitutes economic
hardship and published these guidelines at FEMA's Web site
www.fema.gov/grants.
    Prior to the start of the FY 2016 AFG application period, FEMA will
conduct applicant workshops and/or Internet webinars to inform
potential applicants about the AFG Program. In addition, FEMA will
provide applicants with information at the AFG Web site www.fema.gov/firegrants to help them prepare quality grant applications. The AFG
Help Desk will be staffed throughout the application period to assist
applicants with the automated application process as well as assistance
with any questions they have. Applicants can reach the AFG Help Desk
through a toll-free telephone number (1-866-274-0960) or electronic
mail<EMAIL_ADDRESS>
Application Process

    Organizations may submit one application per application period in
each of the three AFG Program areas, e.g., one application for
Operations and Safety, one for Vehicle Acquisition, and/or a separate
application to be a Joint/Regional Project host. If an organization
submits more than one application for any single AFG Program area,
e.g., two applications for Operations and Safety, two for Vehicles,
etc.; either intentionally or unintentionally, FEMA will deem all
applications submitted by that organization for the particular program
to be ineligible for funding.
    Applicants will be advised to access the application electronically
at https://portal.fema.gov. The application will also be accessible
from the U.S. Fire Administration's Web site http://www.usfa.fema.gov
and http://www.grants.gov. New applicants will be required to register
and establish a username and password for secure access to their
application. Applicants that applied for any previous AFG funding
opportunities will be required to use their previously established
usernames and passwords.
    In completing the application, applicants will be asked to provide
relevant information on their organization's characteristics, call
volume, and existing capabilities. Applicants will be asked to answer
questions about their grant request that reflect the AFG funding
priorities, which are described below. In addition, each applicant must
complete four separate narratives for each project or grant activity
requested.

System for Award Management (SAM)

    In 2012, the SAM replaced the Central Contractor Registry (CCR).
Per 2 CFR 25.200, all grant applicants and recipients are now required
to register in https://SAM.gov, which is available free of charge. They
must maintain validated information in SAM that is consistent with the
data provided in their AFG grant application and in the Dun &
Bradstreet (DUNS) database. FEMA will not accept any application,
process any awards, consider any payment or amendment requests, or
consider any amendment until the applicant or grant recipient has
complied with the requirements to provide a valid DUNS number and an
active SAM registration with current information. The banking
information, employer identification number (EIN), organization/entity
name, address, and DUNS number provided in the application must match
the information that provided in SAM.

Criteria Development Panel (CDP) Recommendations

    FEMA must explain any differences between the published guidelines
and the recommendations made by the CDP and publish this information in
the Federal Register prior to making any grants under the AFG Program.
For FY 2016, FEMA accepted and is implementing all of the CDP's
recommendations for the prioritization of eligible activities. The CDP
discussed

the current funding available for the Fire Prevention and Safety grants
and recommended to increase the available funding from 10% to 15% of
the overall appropriated amount. FEMA was unable to accept that
recommendation due to existing statutory language that outlines the
eligible use of funds for AFG awards.

Adopted Recommendations for FY 2016

Wellness and Fitness Micro Grants

    Priority 1 Wellness and Fitness activities are now eligible when
applying for a Micro Grant.

Change to Complete Set of PPE Definition

    AFG will now consider a complete set of PPE to include two sets of
gloves and two hoods.

Equipment Product Lifecycles

    Equipment will now be scored using an additional variable of ``Age
Category.'' Equipment is assigned an age category of Short (5-7 years),
Medium (8-14 years), or Long (15-20 years). These age categories are
used to compare like types of equipment. Under this system, an item
that should have a useful life of 10 years is only competing against
other items that have a similar lifecycle. An application does not
score higher or lower based on the product lifecycle of an item. It
only serves to ensure a more even scoring of equipment based on type.

Tow Vehicles

    Tow vehicles are now listed under a separate chart in the equipment
section to clarify the priority levels between application types.

    Dated: October 6, 2016.
W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2016-25801 Filed 10-25-16; 8:45 am]
BILLING CODE 9111-64-P


[Federal Register Volume 87, Number 115 (Wednesday, June 15, 2022)]
[Notices]
[Page 36164]
[FR Doc No: 2022-12849]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-332, OMB Control No. 3235-0378]

Proposed Collection; Comment Request: Extension; Form F-8

Upon Written Request Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for extension and approval.
    Form F-8 (17 CFR 239.38) may be used to register securities of
certain Canadian issuers under the Securities Act of 1933 (15 U.S.C.
77a et seq.) that will be used in an exchange offer or business
combination. The information collected is intended to ensure that the
information required to be filed by the Commission permits verification
of compliance with securities law requirements and assures the public
availability of such information. We estimate that Form F-8 takes
approximately one hour per response to prepare and is filed by
approximately 5 respondents. We estimate that 25% of one hour per
response (15 minutes) is prepared by the company for a total annual
reporting burden of one hour (15 minutes/60 minutes per response x 5
responses = 1.25 hours rounded to the nearest whole number one hour).
    Written comments are invited on: (a) whether this proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden imposed by the collection of information; (c) ways to
enhance the quality, utility, and clarity of the information collected;
and (d) ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication by August 15, 2022.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid control number.
    Please direct your written comment to David Bottom, Director/Chief
Information Officer, Securities and Exchange Commission, c/o John
Pezzullo, 100 F Street NE, Washington, DC 20549 or send an email to:
[email protected].

    Dated: June 9, 2022.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-12849 Filed 6-14-22; 8:45 am]
BILLING CODE 8011-01-P


Comment Info: =================

General Comment:I have been a consumer of e-cigarette products for over two years now.  I have completely stopped the consumption of all tobacco products since using electronic cigarettes.  I tried numerous cessation products prior to e-cigarettes that did not help me stop smoking (i.e. wellbutrin, nicotine gum, nicotine patches).  The cessation products that I tried before all came with side effects that made it easier to just keep smoking.  E-cigarettes have allowed me to completely quit smoking and I have seen a reduction in bronchial and breathing related issues that use to stem from traditional cigarette use.  I am completely in favor of regulation to prevent minors from starting use of e-cigarette products, but I credit this industry for assisting me in being able to stop smoking.  While all efforts should be made to prevent those under 18 from starting the use of nicotine products, it is quite concerning to me that you would prevent me from using a product that has helped me to become a healthier person. Fore instance, I have reduced my nicotine consumption from 24 ml (similar to the Marlboro Reds I use to smoke) down to 6 ml nicotine use.  I am working toward using 0 nicotine products.  I have also seen a huge benefit to those around me who have started using e-cigarettes because of the success they have seen in my own journey to overcoming my nicotine dependence. I have more money to spend on other things these days because I have quit smoking and I have more energy to be a more active member of my community.  I no longer have to worry about smelling like cigarettes and I don't have to leave out of work or family events to take smoke breaks. Due to my own personal experience with e-cigarettes, I am highly concerned and opposed to the FDA considering e-cigarettes a tobacco product.  It is the exact opposite of the tobacco product.  Therefore, a 75 day comment period is insufficient time for the vaping industry and the wider vaping community to comment on the proposed deeming regulations. I would respectfully request that the period for comment be extended to 180 days.


[Federal Register Volume 84, Number 112 (Tuesday, June 11, 2019)]
[Notices]
[Pages 27128-27130]
[FR Doc No: 2019-12305]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket Nos. FDA-2018-E-0068; FDA-2018-E-0069; FDA-2018-E-0070; FDA-
2018-E-0071; and FDA-2018-E-0072]

Determination of Regulatory Review Period for Purposes of Patent
Extension; KISQALI

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or the Agency) has
determined the regulatory review period for KISQALI and is publishing
this notice of that determination as required by law. FDA has made the
determination because of the submission of applications to the Director
of the U.S. Patent and Trademark Office (USPTO), Department of
Commerce, for the extension of patents which claims that human drug
product.

DATES: Anyone with knowledge that any of the dates as published (see
the SUPPLEMENTARY INFORMATION section) are incorrect may submit either
electronic or written comments and ask for a redetermination by August
12, 2019. Furthermore, any interested person may petition FDA for a
determination regarding whether the applicant for extension acted with
due diligence during the regulatory review period by December 9, 2019.
See ``Petitions'' in the SUPPLEMENTARY INFORMATION section for more
information.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before August 12, 2019. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of August 12, 2019. Comments
received by mail/hand delivery/courier (for written/paper submissions)
will be considered timely if they are postmarked or the delivery
service acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any

confidential information that you or a third party may not wish to be
posted, such as medical information, your or anyone else's Social
Security number, or confidential business information, such as a
manufacturing process. Please note that if you include your name,
contact information, or other information that identifies you in the
body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket Nos.
FDA-2018-E-0068; FDA-2018-E-0069; FDA-2018-E-0070; FDA-2018-E-0071; and
FDA-2018-E-0072 for ``Determination of Regulatory Review Period for
Purposes of Patent Extension; KISQALI.'' Received comments, those filed
in a timely manner (see ADDRESSES), will be placed in the docket and,
except for those submitted as ``Confidential Submissions,'' publicly
viewable at https://www.regulations.gov or at the Dockets Management
Staff between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with Sec.  10.20 (21 CFR 10.20) and
other applicable disclosure law. For more information about FDA's
posting of comments to public dockets, see 80 FR 56469, September 18,
2015, or access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Beverly Friedman, Office of Regulatory
Policy, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
51, Rm. 6250, Silver Spring, MD 20993,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Drug Price Competition and Patent Term Restoration Act of 1984
(Pub. L. 98-417) and the Generic Animal Drug and Patent Term
Restoration Act (Pub. L. 100-670) generally provide that a patent may
be extended for a period of up to 5 years so long as the patented item
(human drug product, animal drug product, medical device, food
additive, or color additive) was subject to regulatory review by FDA
before the item was marketed. Under these acts, a product's regulatory
review period forms the basis for determining the amount of extension
an applicant may receive.
    A regulatory review period consists of two periods of time: A
testing phase and an approval phase. For human drug products, the
testing phase begins when the exemption to permit the clinical
investigations of the drug becomes effective and runs until the
approval phase begins. The approval phase starts with the initial
submission of an application to market the human drug product and
continues until FDA grants permission to market the drug product.
Although only a portion of a regulatory review period may count toward
the actual amount of extension that the Director of USPTO may award
(for example, half the testing phase must be subtracted as well as any
time that may have occurred before the patent was issued), FDA's
determination of the length of a regulatory review period for a human
drug product will include all of the testing phase and approval phase
as specified in 35 U.S.C. 156(g)(1)(B).
    FDA has approved for marketing the human drug product KISQALI
(ribociclib succinate). KISQALI, in combination with an aromatase
inhibitor as initial endocrine-based therapy, is indicated for the
treatment of postmenopausal women with hormone receptor-positive, human
epidermal growth factor receptor 2-negative advanced or metastatic
breast cancer. Subsequent to this approval, the USPTO received patent
term restoration applications for KISQALI (U.S. Patent Nos. 8,324,225;
8,415,355; 8,685,980; 8,962,630; and 9,416,136) from Novartis AG and
Astex Therapeutics Ltd., and the USPTO requested FDA's assistance in
determining the patents' eligibility for patent term restoration. In a
letter dated February 6, 2018, FDA advised the USPTO that this human
drug product had undergone a regulatory review period and that the
approval of KISQALI represented the first permitted commercial
marketing or use of the product. Thereafter, the USPTO requested that
FDA determine the product's regulatory review period.

II. Determination of Regulatory Review Period

    FDA has determined that the applicable regulatory review period for
KISQALI is 2,393 days. Of this time, 2,196 days occurred during the
testing phase of the regulatory review period, while 197 days occurred
during the approval phase. These periods of time were derived from the
following dates:
    1. The date an exemption under section 505(i) of the Federal Food,
Drug, and Cosmetic Act (FD&C Act) (21 U.S.C. 355(i)) became effective:
August 26, 2010. FDA has verified the applicant's claim that the date
the investigational new drug application became effective was on August
26, 2010.
    2. The date the application was initially submitted with respect to
the human drug product under section 505(b) of the FD&C Act: August 29,
2016. FDA has verified the applicant's claim that the new drug
application (NDA) for KISQALI (NDA 209092) was initially submitted on
August 29, 2016.
    3. The date the application was approved: March 13, 2017. FDA has
verified the applicant's claim that NDA

209092 was approved on March 13, 2017.
    This determination of the regulatory review period establishes the
maximum potential length of a patent extension. However, the USPTO
applies several statutory limitations in its calculations of the actual
period for patent extension. In its applications for patent extension,
this applicant seeks 879 days, 22 days, 292 days, 459 days, or 204 days
of patent term extension.

III. Petitions

    Anyone with knowledge that any of the dates as published are
incorrect may submit either electronic or written comments and, under
21 CFR 60.24, ask for a redetermination (see DATES). Furthermore, as
specified in Sec.  60.30 (21 CFR 60.30), any interested person may
petition FDA for a determination regarding whether the applicant for
extension acted with due diligence during the regulatory review period.
To meet its burden, the petition must comply with all the requirements
of Sec.  60.30, including but not limited to: Must be timely (see
DATES), must be filed in accordance with Sec.  10.20, must contain
sufficient facts to merit an FDA investigation, and must certify that a
true and complete copy of the petition has been served upon the patent
applicant. (See H. Rept. 857, part 1, 98th Cong., 2d sess., pp. 41-42,
1984.) Petitions should be in the format specified in 21 CFR 10.30.
    Submit petitions electronically to https://www.regulations.gov at
Docket No. FDA-2013-S-0610. Submit written petitions (two copies are
required) to the Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    Dated: June 6, 2019.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2019-12305 Filed 6-10-19; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 85, Number 20 (Thursday, January 30, 2020)]
[Notices]
[Pages 5534-5535]
[FR Doc No: 2020-01763]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0286]

Parts and Accessories Necessary for Safe Operation; Application
for an Exemption From Robert Bosch LLC and Mekra Lang North America LLC

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

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

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

SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
requests public comment on an application for exemption from Robert
Bosch LLC and Mekra Lang North America LLC to allow motor carriers to
operate commercial motor vehicles (CMVs) equipped with the company's CV
[Commercial Vehicle] Digital Mirror System installed as an alternative
to the two rear-vision mirrors required by the Federal Motor Carrier
Safety Regulations (FMCSR).

DATES: Comments must be received on or before March 2, 2020.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2019-0286 using any of the
following methods:
     Website: http://www.regulations.gov. Follow the
instructions for submitting comments on the Federal electronic docket
site.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility, U.S. Department of
Transportation, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590-0001.
     Hand Delivery: Ground Floor, Room W12-140, DOT Building,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.
e.t., Monday-Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and
docket number for this notice. For detailed instructions on submitting
comments and additional information on the exemption process, see the
``Public Participation'' heading below. Note that all comments received
will be posted without change to http://www.regulations.gov, including
any personal information provided. Please see the ``Privacy Act''
heading for further information.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov or to Room W12-140,
DOT Building, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays.
    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.
    Public participation: The http://www.regulations.gov website is
generally available 24 hours each day, 365 days each year. You may find
electronic submission and retrieval help and guidelines under the
``help'' section of the http://www.regulations.gov website as well as
the DOT's http://docketsinfo.dot.gov website. If you would like
notification that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgment
page that appears after submitting comments online.

FOR FURTHER INFORMATION CONTACT: Mr. Luke Loy, Vehicle and Roadside
Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC-
PSV,<PHONE_NUMBER>, Federal Motor Carrier Safety Administration, 1200
New Jersey Avenue SE, Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

Background

I. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain parts of the Federal Motor Carrier Safety
Regulations (FMCSRs). FMCSA is required to publish notice of exemption
requests in the Federal Register (49 U.S.C. 31315(b)(6)(A)). This
notice seeks public comment on the request posted to the docket
referenced above; the Agency takes no position on its merits. FMCSA
will review the request and all comments submitted to the docket before
deciding whether to grant or deny the exemption.

II. Robert Bosch LLC and Mekra Lang North America LLC Application for
Exemption

    Section 393.80(a) of the FMCSRs requires that each bus, truck, and
truck-tractor be equipped with two rear-vision mirrors, one at each
side. The mirrors must be positioned to reflect to the driver a view of
the highway to the rear and the area along both sides of the CMV.
Section 393.80(a) cross-references the National Highway Traffic Safety
Administration's standard for mirrors on motor vehicles (49 CFR
571.111, Federal Motor Vehicle Safety Standard [FMVSS] No. 111).
Paragraph S7.1 of FMVSS No. 111 provides requirements for mirrors on
multipurpose passenger vehicles and trucks with a gross vehicle weight
rating (GVWR) greater than 4,536 kg and less than 11,340 kg and each
bus, other than a school bus, with a GVWR of more than 4,536 kg.
Paragraph S8.1 provides requirements for mirrors on multipurpose
passenger vehicles and trucks with a GVWR of 11,340 kg or more. Robert
Bosch LLC and Mekra Lang North America LLC have applied for an
exemption from 393.80(a) to allow motor carriers to operate CMVs
equipped with the company's CV Digital Mirror System installed as an
alternative to the two rear-vision mirrors required by the FMCSRs. A
copy of the application is included in the docket referenced at the
beginning of this notice.

III. Request for Comments

    In accordance with 49 U.S.C. 31315(b)(6), FMCSA requests public
comment from all interested persons on the application for an exemption
from 49 CFR 393.80(a). All comments received before the close of
business on the comment closing date indicated at the beginning of this
notice will be considered and will be available for examination in the
docket at the location listed under the Addresses section of this
notice. Comments received after the comment closing date will be filed
in the public docket and will be considered to the extent practicable.
In addition to late comments.
    FMCSA will also continue to file, in the public docket, relevant
information that becomes available after the comment closing date.
Interested persons should continue to examine the public docket for new
material.

    Issued on: January 27, 2020.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-01763 Filed 1-29-20; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 78, Number 118 (Wednesday, June 19, 2013)]
[Rules and Regulations]
[Pages 36664-36667]
[FR Doc No: 2013-14548]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

 [Docket Number USCG-2013-0421]
RIN 1625-AA00

Safety Zone; Fifth Coast Guard District Fireworks Display,
Currituck Sound; Corolla, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily changing the location of a
safety zone for one recurring fireworks display in the Fifth Coast
Guard District. This regulation applies to only one recurring fireworks
event, held adjacent to the Currituck Sound, Corolla, North Carolina.
The fireworks display previously originated from a barge but will this
year originate from a location on land. The safety zone is necessary to
provide for the safety of life on navigable waters during the event.
This

action is intended to restrict vessel traffic in a portion of the
Currituck Sound, Corolla, NC, during the event.

DATES: This rule will be effective from July 4, 2013 until July 5,
2013.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0421]. 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 rule,
call or email BOSN4 Joseph M. Edge, Coast Guard Sector North Carolina,
Coast Guard; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>If
you have questions on viewing or submitting material to the docket,
call Barbara Hairston, Program Manager, Docket Operations, telephone
(202) 366-9826.

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 it would be impracticable to issue an
NPRM and final rule before the scheduled event.
    For similar reasons, 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. The fireworks are
planned for July 4, 2013, so a 30-day delay would be impracticable.
Earlier implementation is needed to ensure the safety zone is in place
to protect participants, crew, spectators, participating vessels, and
other vessels and users of the waterway during the event.

B. Basis and Purpose

    Recurring fireworks displays are frequently held on or adjacent to
the navigable waters within the boundary of the Fifth Coast Guard
District. For a description of the geographical area of each Coast
Guard Sector--Captain of the Port Zone, please see 33 CFR 3.25.
    The regulation listing annual fireworks displays within the Fifth
Coast Guard District and safety zones locations is 33 CFR 165.506. The
Table to Sec.  165.506 identifies fireworks displays by COTP zone, with
the COTP North Carolina zone listed in section ``(d.)'' of the Table.
    The township of Corolla, North Carolina, sponsors an annual
fireworks display held on July 4th over the waters of Currituck Sound
at Corolla, North Carolina. The Table to Sec.  165.506, at section (d.)
event Number ``5'', describes the enforcement date and regulated
location for this fireworks event.
    The location listed in the Table has the fireworks display
originating from a fireworks barge on Currituck Sound. However, this
proposed rule changes the fireworks launch location on July 4, 2013, to
a position on shore at latitude 36[deg]22[min]23.8[sec] N longitude
075[deg]49[min]56.3[sec] W.
    A fleet of spectator vessels is anticipated to gather nearby to
view the fireworks display. Due to the need for vessel control during
the fireworks display vessel traffic will be temporarily restricted to
provide for the safety of participants, spectators and transiting
vessels. Under provisions of 33 CFR 165.506, during the enforcement
period, vessels may not enter the regulated area unless they receive
permission from the Coast Guard Patrol Commander.

C. Discussion of the Final Rule

    The Coast Guard will temporarily suspend the regulation listed in
Table to Sec.  165.506, section (d.) event Number 5, and insert this
temporary regulation at Table to Sec.  165.506, at section (d.) as
event Number ``16'', in order to reflect that the fireworks display
will originate from a point on shore and therefore the regulated area
is changed. This change is needed to accommodate the sponsor's event
plan. No other portion of the Table to Sec.  165.506 or other
provisions in Sec.  165.506 shall be affected by this regulation.
    The regulated area of this safety zone includes all water of the
Currituck Sound within a 300 yards radius of latitude
36[deg]22[min]23.8[sec] N longitude 075[deg]49[min]56.3[sec] W.
    This safety zone will restrict general navigation in the regulated
area during the fireworks event. Except for persons or vessels
authorized by the Coast Guard Patrol Commander, no person or vessel may
enter or remain in the regulated area during the effective period. The
regulated area is needed to control vessel traffic during the event for
the safety of participants and transiting vessels.
    The enforcement period for this safety zone does not change from
that enforcement period listed in Sec.  165.506(d)(5) which is 5:30
p.m. on July 4, 2013 through 1 a.m. on July 5, 2013.
    In addition to notice in the Federal Register, the maritime
community will be provided extensive advance notification via the Local
Notice to Mariners, and marine information broadcasts so mariners can
adjust their plans accordingly.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and 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. Although this regulation
restricts access to a small segment of Currituck Sound, the effect of
this rule will not be significant because: (i) the safety zone will be
in effect for a limited duration; (ii) the zone is of limited size; and
(iii) the Coast Guard will make notifications via maritime advisories
so mariners can adjust their plans accordingly. Additionally, this
rulemaking changes the regulated area for the Currituck Sound fireworks
demonstration for July 4, 2013 only and does not change the permanent
regulated area that has been published in 33 CFR 165.506, Table to
Sec.  165.506 at portion ``d'' event Number ``5''. In some cases vessel
traffic may be able to transit the regulated area when the Coast Guard
Patrol Commander deems it is safe to do so.

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 would affect the following entities, some of
which might be small entities: the owners or operators of vessels
intending to transit or anchor in the Currituck Sound where fireworks
events are being held. This regulation will not have a significant
impact on a substantial number of small entities because it will be
enforced only during the fireworks display event permitted by Coast
Guard Captain of the Port North Carolina. The Captain of the Port will
ensure that small entities are able to operate in the regulated area
when it is safe to do so. In some cases, vessels will be able to safely
transit around the regulated area at various times, and, with the
permission of the Patrol Commander, vessels may transit through the
regulated area. Before the enforcement period, the Coast Guard will
issue maritime advisories so mariners can adjust their plans
accordingly.
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 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 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 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 establishing a safety zone for a
fireworks display launch site and fallout area and is expected to have
no impact on the water or environment. This zone is designed to protect
mariners and spectators from the hazards associated with aerial
fireworks displays. This rule is categorically excluded from further
review under paragraph 34(g) of Figure 2-1 of the Commandant
Instruction. An environmental analysis checklist supporting this
determination and a Categorical Exclusion Determination are 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 rule.

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. In the Table to Sec.  165.506, make the following amendments:
0
a. Under ``(d) Coast Guard Sector North Carolina--COTP Zone,'' suspend
entry 5;
0
b. Under, ``(d) Coast Guard Sector North Carolina--COTP Zone,'' add
entry 16 to read as follows:

Sec.  165.506  Safety Zones; Fifth Coast Guard District Fireworks
Displays.

* * * * *

                                             Table to Sec.   165.506
----------------------------------------------------------------------------------------------------------------
                                (d) Coast Guard Sector North Carolina--COTP Zone
-----------------------------------------------------------------------------------------------------------------
              Number                           Date                    Location              Regulated area
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
16................................  July 4-5, 2013............  Currituck Sound,       All waters of the
                                                                 Corolla, NC, Safety    Currituck Sound within a
                                                                 Zone.                  300 yard radius of the
                                                                                fireworks launch site in
                                                                                approximate position
                                                                                latitude
                                                                                36[deg]22'23.8'' N
                                                                                longitude
                                                                                075[deg]49'56.3'',
                                                                                located near Whale Head
                                                                                Bay.
----------------------------------------------------------------------------------------------------------------

* * * * *

    Dated: June 4, 2013.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the Port Sector North Carolina.
[FR Doc. 2013-14548 Filed 6-18-13; 8:45 am]
BILLING CODE 9110-04-P