ECONOMIC ANALYSIS OF THE

TOXICS RELEASE INVENTORY

PHASE 2 BURDEN REDUCTION RULE

Analytical Support Branch

Environmental Analysis Division

Office of Information Analysis and Access

Office of Environmental Information

U.S. Environmental Protection Agency

September 22, 2006


[Federal Register Volume 83, Number 43 (Monday, March 5, 2018)]
[Proposed Rules]
[Pages 9238-9242]
[FR Doc No: 2018-04228]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 83, No. 43 / Monday, March 5, 2018 / Proposed
Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0162; Product Identifier 2017-NM-116-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to supersede Airworthiness Directive (AD) 2016-18-
01, which applies to certain The Boeing Company Model 737-600, -700, -
700C, -800, -900, and -900ER series airplanes. AD 2016-18-01 requires
repetitive lubrication of the forward and aft trunnion pin assemblies
of the right and left main landing gears (MLGs); repetitive inspection
of these assemblies for corrosion and chrome damage, and related
investigative and corrective actions, if necessary; and installation of
new or modified trunnion pin assembly components, which terminates the
repetitive lubrication and repetitive inspections. Since we issued AD
2016-18-01, we have determined that rotable parts were not addressed in
that AD and that all airplanes of the affected models, excluding those
with a certain configuration, should be inspected to determine if
affected MLG trunnion pin assemblies are installed. This proposed AD
would therefore add airplanes to the applicability. We are proposing
this AD to address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by April 19, 2018.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Boeing
Commercial Airplanes, Attention: Contractual & Data Services (C&DS),
2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600;
telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com. You may
view this service information at the FAA, Transport Standards Branch,
2200 South 216th St., Des Moines, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. It is also
available on the internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2018-0162.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0162; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this NPRM, the regulatory evaluation, any comments received,
and other information. The street address for the Docket Office (phone:
800-647-5527) is in the ADDRESSES section. Comments will be available
in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Alan Pohl, Aerospace Engineer,
Airframe Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des
Moines, WA 98198; telephone and fax:<PHONE_NUMBER>; email:
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2018-0162;
Product Identifier 2017-NM-116-AD'' at the beginning of your comments.
We specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this NPRM. We will consider all
comments received by the closing date and may amend this NPRM because
of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We issued AD 2016-18-01, Amendment 39-18631 (81 FR 59830, August
31, 2016) (``AD 2016-18-01''), for certain The Boeing Company Model
737-600, -700, -700C, -800, -900, and -900ER series airplanes. AD 2016-
18-01 requires repetitive lubrication of the forward and aft trunnion
pin assemblies of the right and left MLGs; repetitive inspection of
these assemblies for corrosion and chrome damage, and related
investigative and corrective actions, if necessary; and installation of
new or modified trunnion pin assembly components, which terminates the
repetitive lubrication and repetitive inspections. AD 2016-18-01
resulted from reports of heavy corrosion and chrome damage on the
forward and aft trunnion pin assemblies of the right and left MLGs. We
issued AD 2016-18-01 to detect and correct heavy corrosion and chrome
damage on the forward and aft trunnion pin assemblies of the right and
left MLGs, which could result in cracking of these assemblies and
collapse of the MLGs.

Actions Since AD 2016-18-01 Was Issued

    To support operations, many operators have put processes in place
that, given certain conditions, allow them to rotate or transfer parts
or equipment within their fleets to different aircraft than what is
defined in the manufacturer's type design. We have determined that the
parts or equipment subject to the unsafe condition addressed by this
proposed AD may have been rotated or transferred in this manner, due to
similarity with parts or equipment not subject to the unsafe condition
addressed by this proposed AD. Therefore, AD 2016-18-01 is being
superseded to include all Model 737-600, -700, -700C, -800, -900, and -
900ER airplanes.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Special Attention Service Bulletin 737-32-1448,
Revision 2, dated August 2, 2017 (``BSASB 737-32-1448, R2''). This
service information describes procedures for determining the part
numbers of the forward and aft trunnion pin assemblies installed on the
right and left MLGs, inspections for corrosion or damage on the forward
and aft trunnion pin assemblies and related investigative and
corrective actions, repetitive lubrication of these assemblies, and
installation of new or modified trunnion pin assembly components. This
service information is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would retain all requirements of AD 2016-18-01.
This proposed AD would add airplanes to the applicability. This
proposed AD would also prohibit the installation of a MLG or MLG
trunnion pin assembly on any airplane identified in paragraph (c) of
the proposed AD unless certain actions are accomplished. In addition,
this proposed AD would require accomplishing the actions specified in
the service information described previously, except as discussed under
``Differences Between this Proposed AD and the Service Information.''
For information on the procedures and compliance times, see this
service information at http://www.regulations.gov by searching for and
locating Docket No. FAA-2018-0162.
    The phrase ``related investigative actions'' is used in this
proposed AD. Related investigative actions are follow-on actions that
(1) are related to the primary action, and (2) further investigate the
nature of any condition found. Related investigative actions in an AD
could include, for example, inspections.
    The phrase ``corrective actions'' is used in this proposed AD.
Corrective actions correct or address any condition found. Corrective
actions in an AD could include, for example, repairs.

Differences Between This Proposed AD and the Service Information

    The effectivity specified in BSASB 737-32-1448, R2 consists of
Model 737-600, -700, -700C, -800, -900, and -900ER airplanes identified
as line numbers 1 through 6510 inclusive. Expanding the applicability
of this proposed AD to all Model 737-600, -700, -700C, -800, -900, and
-900ER airplanes addresses the rotability of the MLG trunnion pin
assembly.
    In this proposed AD, operators would need to accomplish the actions
required by paragraphs (g), (h), (i), (j) and (k) of this proposed AD,
and comply with the parts installation prohibition in paragraph (m) of
this proposed AD, on any Model 737-600, -700, -700C, -800, -900, and -
900ER airplanes with an original Certificate of Airworthiness or an
original Export Certificate of Airworthiness dated on or before the
effective date of the final rule. We have confirmed with Boeing that
the accomplishment instructions in BSASB 737-32-1448, R2 are applicable
to these expanded groups of airplanes.
    For Model 737-600, -700, -700C, -800, -900, and -900ER airplanes
with an original Certificate of Airworthiness or an original Export
Certificate of Airworthiness dated after the effective date of the
final rule, operators would not be required to comply with the
requirements of paragraphs (g), (h), (i), (j), and (k) of this proposed
AD, but would be required to comply with the parts installation
prohibition in paragraph (m) of this proposed AD.

Costs of Compliance

    We estimate that this proposed AD affects up to 1,814 airplanes of
U.S. registry. We estimate the following costs to comply with this
proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Lubrication (retained actions      2 work-hours x $85                0  $170 per             $173,910, per
 from AD 2016-18-01).               per hour = $170                      lubrication cycle.   lubrication cycle
                                    per lubrication                                           (1,023 airplanes).
                                    cycle.
Inspection (Groups 1 and 2,        51 work-hours x $85               0  $4,335 per           $4,282,980 per
 Configuration 1 airplanes;         per hour = $4,335                    inspection cycle.    inspection cycle
 retained actions from AD 2016-18-  per inspection                                            (988 airplanes).
 01).                               cycle.
Inspection (Group 3 airplanes;     93 work-hours x $85               0  $7,905 per           $276,675 per
 retained actions from AD 2016-18-  per hour = $7,905                    inspection cycle.    inspection cycle
 01).                               per inspection                                            (35 airplanes).
                                    cycle.
Replacement/overhaul (Groups 1     84 work-hours x $85               0  $7,140.............  $7,054,320 (988
 and 2 airplanes; retained          per hour = $7,140.                                        airplanes).
 actions from AD 2016-18-01).
Replacement/overhaul (Group 3      86 work-hours x $85               0  $7,310.............  $255,850 (35
 airplanes retained actions from    per hour = $7,310.                                        airplanes).
 AD 2016-18-01).
Lubrication pin assemblies (new    2 work-hours x $85                0  $170 per             $308,380, per
 proposed action, Work Packages 1   per hour = $170                      lubrication cycle.   lubrication cycle
 and 2).                            per lubrication                                           (up to 1,814
                                    cycle.                                                    airplanes).
Inspection (new proposed action;   51 work-hours x $85               0  $4,335 per           $7,594,920 per
 Groups 1, 2, 4, and 5,             per hour = $4,335                    inspection cycle.    inspection cycle
 Configuration 1 airplanes; Work    per inspection                                            (1,752 airplanes).
 Package 2).                        cycle.
Inspection (new proposed action;   93 work-hours x $85               0  $7,905 per           $490,110 per
 Groups 3 and 6 airplanes; Work     per hour = $7,905                    inspection cycle.    inspection cycle
 Package 2).                        per inspection                                            (62 airplanes).
                                    cycle.

Replacement/overhaul trunnion pin  84 work-hours x $85               0  $7,140.............  $12,509,280 (up to
 assembly (Groups 1, 2, 4, and 5    per hour = $7,140.                                        1,752 airplanes).
 airplanes; new proposed action;
 Work Package 2).
Replacement/overhaul trunnion pin  86 work-hours x $85               0  $7,310.............  $453,220 (62
 assembly (Groups 3 and 6           per hour = $7,310.                                        airplanes).
 airplanes; new proposed action;
 Work Package 2).
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this proposed
AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    This proposed AD is issued in accordance with authority delegated
by the Executive Director, Aircraft Certification Service, as
authorized by FAA Order 8000.51C. In accordance with that order,
issuance of ADs is normally a function of the Compliance and
Airworthiness Division, but during this transition period, the
Executive Director has delegated the authority to issue ADs applicable
to transport category airplanes to the Director of the System Oversight
Division.

Regulatory Findings

    We have determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that the proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD)
2016-18-01, Amendment 39-18631 (81 FR 59830, August 31, 2016), and
adding the following new AD:

The Boeing Company: Docket No. FAA-2018-0162; Product Identifier
2017-NM-116-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by April 19,
2018.

(b) Affected ADs

    This AD replaces AD 2016-18-01, Amendment 39-18631 (81 FR 59830,
August 31, 2016) (``AD 2016-18-01'').

(c) Applicability

    This AD applies to all The Boeing Company Model 737-600, -700, -
700C, -800, -900, and -900ER series airplanes, certificated in any
category, as specified in paragraphs (c)(1) through (c)(7) of this
AD
    (1) Airplanes in Groups 1 and 2, Configuration 1, as identified
in Boeing Special Attention Service Bulletin 737-32-1448, Revision
2, dated August 2, 2017 (``BSASB 737-32-1448, R2'').
    (2) Airplanes in Groups 1 and 2, Configuration 2, as identified
in BSASB 737-32-1448, R2.
    (3) Airplanes in Group 3, as identified in BSASB 737-32-1448,
R2.
    (4) Airplanes in Groups 4 and 5, Configuration 1, as identified
in BSASB 737-32-1448, R2, except where this service bulletin
specifies the groups as line numbers 3527 through 6510 inclusive,
this AD specifies those groups as line number 3527 through any line
number of an airplane with an original Certificate of Airworthiness
or an original Export Certificate of Airworthiness dated on or
before the effective date of this AD.
    (5) Airplanes in Groups 4 and 5, Configuration 2, as identified
in BSASB 737-32-1448, R2, except where this service bulletin
specifies the groups as line numbers 3527 through 6510 inclusive,
this AD specifies those groups as line number 3527 through any line
number of an airplane with an original Certificate of Airworthiness
or an original Export Certificate of Airworthiness dated on or
before the effective date of this AD.
    (6) Airplanes in Groups 6 as identified in BSASB 737-32-1448,
R2, except where this service bulletin specifies the groups as line
numbers 3527 through 6510 inclusive, this AD specifies those groups
as line number 3527 through any line number of an airplane with an
original Certificate of Airworthiness or an original Export
Certificate of Airworthiness dated on or before the effective date
of this AD.
    (7) All Model 737-600, -700, -700C, -800, -900 and -900ER series
airplanes with an original Certificate of Airworthiness or an
original Export Certificate of Airworthiness dated after the
effective date of this AD.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing
Gear.

(e) Unsafe Condition

    This AD was prompted by reports of heavy corrosion and chrome
damage on the forward and aft trunnion pin assemblies of the right
and left main landing gears (MLGs). We are issuing this AD to detect
and correct heavy corrosion and chrome damage on the forward and aft
trunnion pin assemblies of the right and left MLGs, which could
result in cracking of these assemblies and collapse of the MLGs.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Inspection To Determine Part Number of MLG Trunnion Pin Assembly

    For airplanes identified in paragraphs (c)(1), (c)(3), (c)(4),
and (c)(6) of this AD: Except as required by paragraph (l) of this
AD, at the applicable time specified in Table 1, Table 2, Table 4,
or Table 5, of paragraph 1.E., ``Compliance,'' of BSASB 737-32-1448,
R2, do an inspection to determine if any of the MLG trunnion pin
assembly part numbers identified in paragraph 2.C.3., ``Parts
Modified and Reidentified,'' of BSASB 737-32-1448, R2, are
installed. A review of airplane maintenance records is acceptable in
lieu of this inspection if the part number of each MLG trunnion pin
assembly can be conclusively determined from that review.

(h) Repetitive Lubrication of MLG Trunnion Pin Assemblies

    For airplanes identified in paragraphs (c)(1), (c)(3), (c)(4),
or (c)(6) of this AD, having any part number identified in paragraph
2.C.3., ``Parts Modified and Reidentified,'' of BSASB 737-32-1448,
R2, installed: Except as required by paragraph (l) of this AD, at
the applicable time specified in Table 1, Table 2, Table 4, or Table
5, of paragraph 1.E., ``Compliance,'' of BSASB 737-32-1448, R2,
lubricate the applicable forward and aft trunnion pin assemblies of
the right and left MLGs, in accordance with Work Package 1 of the
Accomplishment Instructions of BSASB 737-32-1448, R2. Repeat the
lubrication thereafter at intervals not to exceed those specified in
Table 1, Table 2, Table 4, or Table 5, of paragraph 1.E.,
``Compliance,'' of BSASB 737-32-1448, R2. Accomplishment of the
actions specified in paragraph (j) of this AD terminates the
repetitive lubrication required by this paragraph.

(i) Repetitive Inspections, Corrective Actions, and Lubrication

    For airplanes identified in paragraphs (c)(1), (c)(3), (c)(4),
or (c)(6) of this AD, having any part number identified in paragraph
2.C.3., ``Parts Modified and Reidentified,'' BSASB 737-32-1448, R2,
installed: Except as required by paragraph (l) of this AD, at the
applicable time specified in Table 1, Table 2, Table 4, or Table 5,
of paragraph 1.E., ``Compliance,'' of BSASB 737-32-1448, R2, do a
general visual inspection of the left and right MLGs at the forward
and aft trunnion pin locations and the visible surfaces of the
forward and aft trunnion pin assemblies for discrepancies including
signs of corrosion or chrome plating damage, and lubricate the
forward and aft trunnion pin assemblies as applicable, in accordance
with Work Package 2 of the Accomplishment Instructions of BSASB 737-
32-1448, R2. Repeat the general visual inspection thereafter at
intervals not to exceed those specified in paragraph 1.E.,
``Compliance,'' of BSASB 737-32-1448, R2. If any discrepancy is
found during any inspection required by this paragraph, before
further flight, do all applicable related investigative and
corrective actions in accordance with Work Package 2 of the
Accomplishment Instructions of BSASB 737-32-1448, R2. Accomplishment
of the actions required by paragraph (j) of this AD terminates the
repetitive inspections required by this paragraph.

(j) Modification of MLG Trunnion Pin Assemblies

    For airplanes identified in paragraphs (c)(1), (c)(3), (c)(4),
or (c)(6) of this AD, having any part number identified in paragraph
2.C.3., ``Parts Modified and Reidentified,'' BSASB 737-32-1448, R2
installed: Except as required by paragraph (l) of this AD, at the
time specified in Table 1, Table 2, Table 4, or Table 5, as
applicable, of paragraph 1.E., ``Compliance,'' of BSASB 737-32-1448,
R2, modify the left and right MLG trunnion pin assemblies, including
all applicable related investigative and corrective actions, in
accordance with Work Package 3 of the Accomplishment Instructions of
BSASB 737-32-1448, R2. All applicable related investigative and
corrective actions must be done at the time specified in paragraph
1.E., ``Compliance,'' of BSASB 737-32-1448, R2. Accomplishment of
the actions in Work Package 3 of the Accomplishment Instructions of
BSASB 737-32-1448, R2 terminates the repetitive lubrication required
by paragraph (h) of this AD and the repetitive inspections required
by paragraph (i) of this AD.

(k) Replacement of MLG Forward Trunnion Pin Housing Assembly, Seal, and
Retainer

    For airplanes identified in paragraphs (c)(2) and (c)(5) of this
AD: Except as required by paragraph (l) of this AD, at the time
specified in Table 3 or Table 6, as applicable, of paragraph 1.E.,
``Compliance,'' of BSASB 737-32-1448, R2, replace the seal,
retainer, and support ring assembly with a new seal and retainer
configuration; install the forward trunnion pin assembly into the
housing assembly; and lubricate the forward and aft trunnion pin
assemblies for the left and right MLGs; in accordance with Work
Package 4 of the Accomplishment Instructions of BSASB 737-32-1448,
R2.

(l) Exception to Service Information Specification

    Where paragraph 1.E., ``Compliance,'' of BSASB 737-32-1448, R2
specifies a compliance time ``after the Revision 2 date of this
service bulletin,'' this AD requires compliance within the specified
compliance time after the effective date of this AD.

(m) Parts Installation Limitation

    As of the effective date of this AD, no person may install a MLG
or MLG trunnion pin assembly on any airplane identified in
paragraphs (c)(1) through (c)(7) of this AD unless the actions
required by paragraphs (j) or (k), as applicable, of this AD have
been accomplished on the MLG or MLG trunnion pin assembly.

(n) Credit for Previous Actions

    (1) This paragraph provides credit for the requirements of
paragraph (h) of this AD, if those actions were performed before the
effective date of this AD using Boeing Special Attention Service
Bulletin 737-32-1448, dated May 19, 2011; or Boeing Special
Attention Service Bulletin 737-32-1448, Revision 1, dated May 29,
2015.
    (2) This paragraph provides credit for the requirements of
paragraphs (i), (j), and (k) of this AD, if those actions were
performed before the effective date of this AD using Boeing Special
Attention Service Bulletin 737-32-1448, Revision 1, dated May 29,
2015.

(o) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or local Flight Standards District
Office, as appropriate. If sending information directly to the
manager of the certification office, send it to the attention of the
person identified in paragraph (p)(1) of this AD. Information may be
emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by the Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has been authorized by the
Manager, Seattle ACO Branch, to make those findings. To be approved,
the repair method, modification deviation, or alteration deviation
must meet the certification basis of the airplane, and the approval
must specifically refer to this AD.
    (4) AMOCs approved previously for AD 2016-18-01 are approved as
AMOCs for the corresponding provisions of this AD.

(p) Related Information

    (1) For more information about this AD, contact Alan Pohl,
Aerospace Engineer, Airframe Section, FAA, Seattle ACO Branch, 2200
South 216th St., Des Moines, WA 98198; telephone and fax: 206-231-
3527; email: [email protected].
    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com. You may view this referenced service
information at the FAA, Transport Standards Branch, 2200 South 216th
St., Des Moines, WA. For information

on the availability of this material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on February 20, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-04228 Filed 3-2-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 40 (Friday, February 28, 2014)]
[Notices]
[Page 11448]
[FR Doc No: 2014-04425]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-D-0180]

Draft Guidance for Industry on Attachment to Guidance on
Antiviral Product Development--Conducting and Submitting Virology
Studies to the Agency: Guidance for Submitting Human Immunodeficiency
Virus-1 Resistance Data; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of a draft guidance for industry entitled ``Attachment to
Guidance on Antiviral Product Development--Conducting and Submitting
Virology Studies to the Agency: Guidance for Submitting HIV-1
Resistance Data.'' The purpose of this guidance is to assist sponsors
in submitting human immunodeficiency virus (HIV) clinical virology data
that are important for supporting clinical trials of products in
development for the treatment of HIV. HIV resistance data submitted in
appropriately formatted datasets are critical components in the review
of investigational antiviral products for the treatment of HIV. The
information in this guidance will facilitate the development of anti-
HIV products. This draft guidance revises the guidance for industry
entitled ``Attachment to Guidance on Antiviral Product Development--
Conducting and Submitting Virology Studies to the Agency: Guidance for
Submitting HIV Resistance Data'' issued on June 5, 2006.

DATES: Although you can comment on any guidance at any time (see 21 CFR
10.115(g)(5)), to ensure that the Agency considers your comment on this
draft guidance before it begins work on the final version of the
guidance, submit either electronic or written comments on the draft
guidance by April 29, 2014.

ADDRESSES: Submit written requests for single copies of the draft
guidance to the Division of Drug Information, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, rm. 2201, Silver Spring, MD 20993-0002. Send
one self-addressed adhesive label to assist that office in processing
your requests. See the SUPPLEMENTARY INFORMATION section for electronic
access to the draft guidance document.
    Submit electronic comments on the draft guidance to http://www.regulations.gov. Submit written comments to the Division of Dockets
Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane,
rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Lisa K. Naeger, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg., 22, rm. 6366, Silver Spring, MD 20993-0002, 301-
796-0771.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a draft guidance for industry
entitled ``Attachment to Guidance on Antiviral Product Development--
Conducting and Submitting Virology Studies to the Agency: Guidance for
Submitting HIV-1 Resistance Data.'' The purpose of this guidance is to
assist sponsors in submitting HIV clinical virology data that are
important for supporting clinical trials of products in development for
the treatment of HIV. This guidance revises and replaces the guidance
on submitting HIV resistance data published in June 2006. The revised
guidance provides the format, recommended definitions, standardization
of column headings and variables, and recommended data for submission
of HIV resistance datasets.
    This draft guidance is being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The draft guidance, when
finalized, will represent the Agency's current thinking on submitting
HIV clinical virology data. It does not create or confer any rights for
or on any person and does not operate to bind FDA or the public. An
alternative approach may be used if such approach satisfies the
requirements of the applicable statutes and regulations.

II. The Paperwork Reduction Act of 1995

    This guidance refers to previously approved collections of
information that are subject to review by the Office of Management and
Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520). The collections of information in 21 CFR part 312 have been
approved under OMB control number 0910-0014.

III. Comments

    Interested persons may submit either electronic comments regarding
this document to http://www.regulations.gov or written comments to the
Division of Dockets Management (see ADDRESSES). It is only necessary to
send one set of comments. Identify comments with the docket number
found in brackets in the heading of this document. Received comments
may be seen in the Division of Dockets Management between 9 a.m. and 4
p.m., Monday through Friday.

IV. Electronic Access

    Persons with access to the Internet may obtain the document at
either http://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm or http://www.regulations.gov.

    Dated: February 24, 2014.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2014-04425 Filed 2-27-14; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 76, Number 138 (Tuesday, July 19, 2011)]
[Proposed Rules]
[Page 42613]
[FR Doc No: 2011-18122]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2002-0037; FRL-9440-8]
RIN 2060-AN33

National Emission Standards for Hazardous Air Pollutants for
Polyvinyl Chloride and Copolymers Production; Extension of Comment
Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; extension of public comment period.

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

SUMMARY: The EPA is announcing that the period for providing public
comments on the May 20, 2011, Proposed National Emission Standards for
Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers
Production is being extended for 14 days.

DATES: Comments. The public comment period for the proposed rule
published May 20, 2011 (76 FR 29528) is being extended for 14 days to
August 2, 2011, in order to provide the public additional time to
submit comments and supporting information.

ADDRESSES: Comments. Written comments on the proposed rule may be
submitted to EPA electronically, by mail, by facsimile or through hand
delivery/courier. Please refer to the proposal for the addresses and
detailed instructions.
    Docket. Publicly available documents relevant to this action are
available for public inspection either electronically in http://www.regulations.gov or in hard copy at the EPA Docket Center, Room
3334, 1301 Constitution Avenue, NW., Washington, DC. The Public Reading
Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays. A reasonable fee may be charged for copying.
    World Wide Web. The EPA Web site for this rulemaking is at: http://www.epa.gov/ttn/atw/pvc/pvcpg.html.

FOR FURTHER INFORMATION CONTACT: Ms. Jodi Howard, Refining and
Chemicals Group (E143-01), Sector Policies and Programs Division,
Office of Air Quality Planning and Standards, U.S. Environmental
Protection Agency, Research Triangle Park, North Carolina 27711;
Telephone number:<PHONE_NUMBER>; Fax number<PHONE_NUMBER>; Email
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comment Period

    Due to requests we have received from industry to extend the public
comment period for the May 20, 2011, Proposed Polyvinyl Chloride and
Copolymers Production Rule, the EPA is extending the public comment
period for an additional 14 days. Therefore, the public comment period
will end on August 2, 2011, rather than July 19, 2011.

How can I get copies of this document and other related information?

    The EPA has established the official public docket No. EPA-HQ-OAR-
2002-0037. The EPA has also developed websites for the proposed
rulemaking at the addresses given above.

    Dated: July 13, 2011.
Gina McCarthy,
Assistant Administrator for Air and Radiation.
[FR Doc. 2011-18122 Filed 7-18-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 168 (Thursday, August 31, 2023)]
[Notices]
[Pages 60213-60215]
[FR Doc No: 2023-18834]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2023-N-3168]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Extralabel Drug Use in Animals

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
an opportunity for public comment on the proposed collection of certain
information by the Agency. Under the Paperwork Reduction Act of 1995
(PRA), Federal Agencies are required to publish notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an

existing collection of information, and to allow 60 days for public
comment in response to the notice. This notice solicits comments on the
reporting requirements associated with extralabel drug use in animals.

DATES: Either electronic or written comments on the collection of
information must be submitted by October 30, 2023.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of October 30, 2023. Comments
received by mail/hand delivery/courier (for written/paper submissions)
will be considered timely if they are received 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 No.
FDA-2023-N-3168 for ``Agency Information Collection Activities;
Proposed Collection; Comment Request; Extralabel Drug Use in Animals.''
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,<PHONE_NUMBER>.
     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
``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 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.govinfo.gov/content/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,<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Rachel Showalter, Office of
Operations, Food and Drug Administration, Three White Flint North, 10A-
12M, 11601 Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3521), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice of the proposed collection
of information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

Extralabel Drug Use in Animals--21 CFR 530

OMB Control Number 0910-0325--Extension

    This information collection supports FDA's implementation of
section 512 of the Federal Food, Drug and Cosmetic Act (21 U.S.C.
360b), which governs new animal drugs. Agency regulations in 21 CFR
part 530, permit FDA, if we find that there is a reasonable probability
that the extralabel use of an animal drug may present a risk to public
health, to establish a safe level for a residue from the extralabel use
of the drug, and to require the development of an analytical method for
the detection of residues above that established safe level. This
requirement is codified at 21 CFR 530.22(b). Although to date, we

have not established a safe level for a residue from the extralabel use
of any new animal drug and, therefore, have not required the
development of analytical methodology, we believe that there may be
instances when analytical methodology will be required. We are,
therefore, estimating the reporting burden based on two methods being
required annually. The requirement to establish an analytical method
may be fulfilled by any interested person. We believe that the sponsor
of the drug will be willing to develop the method in most cases.
Alternatively, FDA, the sponsor, and perhaps a third party may
cooperatively arrange for method development. The respondents may be
sponsors of new animal drugs, State, or Federal and/or State Agencies,
academia, or individuals.
    We estimate the burden of this collection of information as
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of
                       21 CFR Part; activity                            Number of      responses per     Total annual    Average burden    Total hours
                                                                       respondents       respondent       responses       per response
--------------------------------------------------------------------------------------------------------------------------------------------------------
530.22(b); Submission(s) of analytical method......................               2                1                2            4,160            8,320
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    Based on a review of the information collection since our last
request for OMB approval, we have made no adjustments to our burden
estimate.

    Dated: August 28, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2023-18834 Filed 8-30-23; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register: December 2, 2009 (Volume 74, Number 230)]
[Notices]
[Page 63147-63148]
[DOCID:fr02de09-33]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER10-149-000]

Elk City Wind, LLC; Notice of Filing

November 24, 2009.
    Take notice that, on November 18, 2009, Elk City Wind, LLC filed to
supplement, its filing in the above captioned docket with information
required under the Commission's regulations. Such filing served to
reset the filing date in this proceeding.
    Any person desiring to intervene or to protest this filing must
file in

accordance with Rules 211 and 214 of the Commission's Rules of Practice
and Procedure (18 CFR 385.211, 385.214). Protests 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. Any
person wishing to become a party must file a notice of intervention or
motion to intervene, as appropriate. Such notices, motions, or protests
must be filed on or before the comment date. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions 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 or intervention 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 December 9, 2009.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-28790 Filed 12-1-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 75, Number 35 (Tuesday, February 23, 2010)]
[Notices]
[Pages 8182-8183]
[FR Doc No: 2010-3562]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2009-0294]

Qualification of Drivers; Exemption Applications; Diabetes

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

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA announces its decision to exempt twenty-four individuals
from its rule prohibiting persons with insulin-treated diabetes
mellitus (ITDM) from operating commercial motor vehicles (CMVs) in
interstate commerce. The exemptions will enable these individuals to
operate CMVs in interstate commerce.

DATES: The exemptions are effective February 23, 2010. The exemptions
expire on February 23, 2012.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical
Programs,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA, Room W64-224,
Department of Transportation, 1200 New Jersey Avenue, SE., Washington,
DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., Monday
through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

    You may see all the comments online through the Federal Document
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov and/or Room W12-140 on the
ground level of the West Building, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of DOT's dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, or other
entity). You may review DOT's complete Privacy Act Statement in the
Federal Register (65 FR 19477, Apr. 11, 2000). This statement is also
available at http://www.regulations.gov.

Background

    On December 22, 2009, FMCSA published a notice of receipt of
Federal diabetes exemption applications from twenty-four individuals
and requested comments from the public (74 FR 68092). The public
comment period closed on January 21, 2010 and one comment was received.
    FMCSA has evaluated the eligibility of the twenty-four applicants
and determined that granting the exemptions to these individuals would
achieve a level of safety equivalent to, or greater than, the level
that would be achieved by complying with the current regulation 49 CFR
391.41(b)(3).

Diabetes Mellitus and Driving Experience of the Applicants

    The Agency established the current standard for diabetes in 1970
because several risk studies indicated that diabetic drivers had a
higher rate of crash involvement than the general population. The
diabetes rule provides that ``A person is physically qualified to drive
a commercial motor vehicle if that person has no established medical
history or clinical diagnosis of diabetes mellitus currently requiring
insulin for control'' (49 CFR 391.41(b)(3)).
    FMCSA established its diabetes exemption program, based on the
Agency's July 2000 study entitled ``A Report to Congress on the
Feasibility of a Program to Qualify Individuals with Insulin-Treated
Diabetes Mellitus to Operate in Interstate Commerce as Directed by the
Transportation Act for the 21st Century.'' The report concluded that a
safe and practicable protocol to allow some drivers with ITDM to
operate CMVs is feasible. The September 3, 2003 (68 FR 52441) Federal
Register Notice in conjunction with the November 8, 2005 (70 FR 67777)
Federal Register Notice provides the current protocol for allowing such
drivers to operate CMVs in interstate commerce.
    These twenty-four applicants have had ITDM over a range of 1 to 42
years. These applicants report no hypoglycemic reaction that resulted
in loss of consciousness or seizure, that required the assistance of
another person, or resulted in impaired cognitive function without
warning symptoms in the past 5 years (with one year of stability
following any such episode). In each case, an endocrinologist has
verified that the driver has demonstrated willingness to properly
monitor and manage his/her diabetes, received education related to
diabetes management, and is on a stable insulin regimen. These drivers
report no other disqualifying conditions, including diabetes-related
complications. Each meets the vision standard at 49 CFR 391.41(b)(10).

    The qualifications and medical condition of each applicant were
stated and discussed in detail in the December 22, 2009, Federal
Register Notice therefore, they will not be repeated in this notice.

Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the diabetes standard in 49 CFR 391.41(b)(3) if the exemption is
likely to achieve an equivalent or greater level of safety than would
be achieved without the exemption. The exemption allows the applicants
to operate CMVs in interstate commerce.
    To evaluate the effect of these exemptions on safety, FMCSA
considered medical reports about the applicants' ITDM and vision, and
reviewed the treating endocrinologists' medical opinion related to the
ability of the driver to safely operate a CMV while using insulin.
    Consequently, FMCSA finds that in each case exempting these
applicants from the diabetes standard in 49 CFR 391.41(b)(3) is likely
to achieve a level of safety equal to that existing without the
exemption.

Conditions and Requirements

    The terms and conditions of the exemption will be provided to the
applicants in the exemption document and they include the following:
(1) That each individual submit a quarterly monitoring checklist
completed by the treating endocrinologist as well as an annual
checklist with a comprehensive medical evaluation; (2) that each
individual reports within 2 business days of occurrence, all episodes
of severe hypoglycemia, significant complications, or inability to
manage diabetes; also, any involvement in an accident or any other
adverse event in a CMV or personal vehicle, whether or not it is
related to an episode of hypoglycemia; (3) that each individual provide
a copy of the ophthalmologist's or optometrist's report to the medical
examiner at the time of the annual medical examination; and (4) that
each individual provide a copy of the annual medical certification to
the employer for retention in the driver's qualification file, or keep
a copy in his/her driver's qualification file if he/she is self-
employed. The driver must also have a copy of the certification when
driving, for presentation to a duly authorized Federal, State, or local
enforcement official.

Discussion of Comments

    FMCSA received one comment in this proceeding. The comment was
considered and discussed below.
    The Pennsylvania Department of Transportation expressed that it had
reviewed the driving records for Joseph I. Kulp, Sr., and was in favor
of granting a Federal diabetes exemption to him.

Conclusion

    Based upon its evaluation of the twenty-four exemption
applications, FMCSA exempts, Daniel W. Boldra, Simon P. Bollin, Patrick
J. Bukolt, Leonel L. Cantu, Jr., William J. Cobb, Jr., Wallace E.
Conover, Daniel C. Druffel, Gregory J. Godley, Troy A. Gortmaker,
Charles M. Griswold, Kenneth M. Ham, Justin R. Henneinke, William R.
Huntley, Ricky G. Kile, Joseph I. Kulp, Sr., Paul J. Failla, Eric D.
Larson, Kevin R. Mooney, Daniel D. Neale, Richard D. Preisser, Brian A.
Schlieckau, Richard L. Sulzberger, Clayton F. Tapscott, Dirk VanStralen
and Henry L. Waskow, from the ITDM standard in 49 CFR 391.41(b)(3),
subject to the conditions listed under ``Conditions and Requirements''
above.
    In accordance with 49 U.S.C. 31136(e) and 31315 each exemption will
be valid for two years unless revoked earlier by FMCSA. The exemption
will be revoked if: (1) The person fails to comply with the terms and
conditions of the exemption; (2) the exemption has resulted in a lower
level of safety than was maintained before it was granted; or (3)
continuation of the exemption would not be consistent with the goals
and objectives of 49 U.S.C. 31136(e) and 31315. If the exemption is
still effective at the end of the 2-year period, the person may apply
to FMCSA for a renewal under procedures in effect at that time.

    Issued on: February 5, 2010.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-3562 Filed 2-22-10; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 80, Number 40 (Monday, March 2, 2015)]
[Notices]
[Page 11189]
[FR Doc No: 2015-04243]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13213-003; Project No. 13214-003]

Lock 14 Hydro Partners, LLC and Lock 12 Hydro Partners, LLC;
Notice of Availability of Environmental Assessment

    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission (Commission or FERC)
regulations, 18 Code of Federal Regulations (CFR) Part 380, the Office
of Energy Projects has reviewed the applications for original licenses
for the Heidelberg Hydroelectric Project (FERC Project No. 13213-003)
and Ravenna Hydroelectric Project (FERC Project No. 13214-003). The
proposed projects would be located on the Kentucky River in Kentucky.
The Heidelberg Project would be located at the Kentucky River
Authority's Lock and Dam No. 14, near the Town of Heidelberg, Lee
County, Kentucky. The Ravenna Project would be located at the Kentucky
River Authority's Lock and Dam No. 12, near the Town of Ravenna, Estill
County, Kentucky. No lands managed by the Federal government are
located within the project boundary of either project.
    Staff prepared a multi-project environmental assessment (EA), which
analyzes the potential environmental effects of licensing both
projects, and concludes that licensing the projects, with appropriate
environmental protection measures, would not constitute a major federal
action that would significantly affect the quality of the human
environment.
    A copy of the EA is available for review at the Commission in the
Public Reference Room or may be viewed on the Commission's Web site at
http://www.ferc.gov using the ``eLibrary'' link. Enter the docket
number excluding the last three digits, in the docket number field to
access the document. For assistance, contact FERC Online Support at
<EMAIL_ADDRESS>or toll-free at 1-866-208-3676, or for TTY,
(202) 502-8659.
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    Any comments should be filed within 30 days from the date of this
notice.
    The Commission strongly encourages electronic filings. Please file
comments using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp.
    Commenters can submit brief comments up to 6,000 characters,
without prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp.
    You must include your name and contact information at the end of
your comments. For assistance, please contact FERC Online Support. In
lieu of electronic filing, please send a paper copy to: Secretary,
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426. Please affix ``Heidelberg Hydroelectric Project No. 13213-
003, and/or Ravenna Hydroelectric Project No. 13214-003'' as
appropriate to all comments.
    For further information, contact Michael Spencer at<PHONE_NUMBER>,
or by email at<EMAIL_ADDRESS>
    Dated: February 24, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-04243 Filed 2-27-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 12 (Thursday, January 18, 2018)]
[Notices]
[Page 2630]
[FR Doc No: 2018-00755]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM98-1-000]

Records Governing Off-the-Record Communications; Public Notice

    This constitutes notice, in accordance with 18 CFR 385.2201(b), of
the receipt of prohibited and exempt off-the-record communications.
    Order No. 607 (64 FR 51222, September 22, 1999) requires Commission
decisional employees, who make or receive a prohibited or exempt off-
the-record communication relevant to the merits of a contested
proceeding, to deliver to the Secretary of the Commission, a copy of
the communication, if written, or a summary of the substance of any
oral communication.
    Prohibited communications are included in a public, non-decisional
file associated with, but not a part of, the decisional record of the
proceeding. Unless the Commission determines that the prohibited
communication and any responses thereto should become a part of the
decisional record, the prohibited off-the-record communication will not
be considered by the Commission in reaching its decision. Parties to a
proceeding may seek the opportunity to respond to any facts or
contentions made in a prohibited off-the-record communication, and may
request that the Commission place the prohibited communication and
responses thereto in the decisional record. The Commission will grant
such a request only when it determines that fairness so requires. Any
person identified below as having made a prohibited off-the-record
communication shall serve the document on all parties listed on the
official service list for the applicable proceeding in accordance with
Rule 2010, 18 CFR 385.2010.
    Exempt off-the-record communications are included in the decisional
record of the proceeding, unless the communication was with a
cooperating agency as described by 40 CFR 1501.6, made under 18 CFR
385.2201(e)(1)(v).
    The following is a list of off-the-record communications recently
received by the Secretary of the Commission. The communications listed
are grouped by docket numbers in ascending order. These filings are
available for electronic review at the Commission in the Public
Reference Room or may be viewed on the Commission's website at http://www.ferc.gov using the eLibrary link. Enter the docket number,
excluding the last three digits, in the docket number field to access
the document. For assistance, please contact FERC Online Support at
[email protected] or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>.
    Exempt:

----------------------------------------------------------------------------------------------------------------
                Docket No.                    File date                    Presenter or requester
----------------------------------------------------------------------------------------------------------------
CP15-138-000.............................      12-29-2017  U.S. House Representative Charles W. Dent.
----------------------------------------------------------------------------------------------------------------

    Dated: January 9, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-00755 Filed 1-17-18; 8:45 am]
 BILLING CODE 6717-01-P


OMB # 2060 0170 Expiration Date: 8/ 31/ 05 U. S. Environmental Protection Agency STRATOSPHERIC OZONE PROTECTION PROGRAM CLASS I CONTROLLED SUBSTANCE REPORT: IMPORTER QUARTERLY REPORT ( Sec 82.13( g)( 4) AND Sec 82.13( o q))

SECTION 1 IMPORTING COMPANY IDENTIFICATION 1.1 Date of Submission 1.2 Number of Transactions Reported 1.3 Number of Pages Submitted 1.4 Quarter and Year to Which This Report Applies 1 st 2 nd 3 rd 4 th Year 1.5 Importing Company Company Name Street Address City State Zip Code 1.6 Company Contact Identification Reporting Company Contact Person Phone Number Fax Number 1.7 Signature of Reporting Company Representative I certify under penalty of law that I have personally examined and am familiar with the information submitted in this and all attached documents, and that based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment.

Name Title Signature Date SEND COMPLETED FORMS TO: Tracking System Program Manager Global Programs Division U. S. EPA ( 6205J) 1200 Pennsylvania Avenue, NW Washington, DC 20460 Information in reports submitted in compliance with the final rule may be claimed as confidential. A company may assert a claim of confidentiality for information submitted by clearly marking that information as confidential. Such information shall be treated in accordance with EPA's procedures for information claimed as confidential at 40 CFR Part 2, Subpart B, and will only be disclosed by the means set forth in the subpart. If no claim of confidentiality accompanies the report when it is received by EPA, it may be made public without further notice to the company ( 40 CFR 2.203).

Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. Public reporting burden for this collection of information is estimated to average 16 hours per response. 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 OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15. Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, OPPE Regulatory Information Division, U. S. Environmental Protection Agency ( 2137), 1200 Pennsylvania Avenue, NW, Washington, D. C. 20460; and to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Officer for EPA. Include the EPA ICR number and OMB control number in any correspondence. DO NOT SEND THIS FORM TO THE ABOVE ADDRESS. ONLY SEND COMMENTS TO THESE ADDRESSES.

ICR NUMBER 1432.22 I 1, Revised 5/ 05 OMB # 2060 0170 Expiration Date: 8/ 31/ 05 U. S. Environmental Protection Agency STRATOSPHERIC OZONE PROTECTION PROGRAM CLASS I CONTROLLED SUBSTANCE REPORT: IMPORTER QUARTERLY REPORT ( Sec 82.13( g)( 4) AND Sec 82.13( o q))

SECTION 2 TRANSACTION RECORDS ( Reproduce additional sheets as needed) 2.1 Company Name 2.2 Transaction Summaries TRANSACTION #

Source Country Port of Exit from Source Country Quantity of Commodity Imported ( kg) Commodity Code of Shipment Importer Number Class I Substance Imported Quantity of Class I Substance Imported ( kg)

Port of Entry into the U. S. Date of Import ( mm/ dd/ yy) Customs Entry Summary Number Intended Use: Essential Use Transformation Destruction Transaction Type: Used Heels TRANSACTION #

Source Country Port of Exit from Source Country Quantity of Commodity Imported ( kg) Commodity Code of Shipment Importer Number Class I Substance Imported Quantity of Class I Substance Imported ( kg)

Port of Entry into the U. S. Date of Import ( mm/ dd/ yy) Customs Entry Summary Number Intended Use: Essential Use Transformation Destruction Transaction Type: Used Heels TRANSACTION #

Source Country Port of Exit from Source Country Quantity of Commodity Imported ( kg) Commodity Code of Shipment Importer Number Class I Substance Imported Quantity of Class I Substance Imported ( kg)

Port of Entry into the U. S. Date of Import ( mm/ dd/ yy) Customs Entry Summary Number Intended Use: Essential Use Transformation Destruction Transaction Type: Used Heels ICR NUMBER 1432.22 I 2, Revised 5/ 05 OMB # 2060 0170 Expiration Date: 8/ 31/ 05 U. S. Environmental Protection Agency STRATOSPHERIC OZONE PROTECTION PROGRAM CLASS I CONTROLLED SUBSTANCE REPORT:

IMPORTER QUARTERLY REPORT ( Sec 82.13( g)( 4) AND Sec 82.13( o q))

SECTION 3 COMPANY IMPORT DATA 3.1 Company Name 3.2 Company Import Totals A B C D E F G H I Essential Uses Chemical Name Global Laboratory Exemption ( kg) Other Essential Use Exemption ( kg) In House Transformation ( kg) Second Party Transformation ( kg) In House Destruction ( kg) Second Party Destruction ( kg) Total Imports of Class I Substance ( B + C + D + E + F = G)

( kg) Total Imports of " Used" Class I Substance ( kg) Total Amount of " Heels" of Class I Substance ( kg)

CFC 11 CFC 12 CFC 13 CFC 113 CFC 114 Other CFCs ( please specify)

HBFCs ( please specify)

Halons ( please specify)

Carbon Tetrachloride Methyl Chloroform CBM ICR NUMBER 1432.22 I 3, Revised 5/ 05 OMB # 2060 0170 Expiration Date: 8/ 31/ 05 U. S. Environmental Protection Agency STRATOSPHERIC OZONE PROTECTION PROGRAM CLASS I CONTROLLED SUBSTANCE REPORT:

IMPORTER QUARTERLY REPORT ( Sec 82.13( g)( 4) AND Sec 82.13( o q))

SECTION 4 ALLOWANCE EXPENDITURE DATA 4.1 Company Name 4.2 Yearly Balance Summary of Allowances A B Total consumption allowances for year to date ( as of the end of the quarter) that were: Chemical Name Expended Unexpended CFC 11 CFC 12 CFC 13 CFC 111 CFC 112 CFC 113 CFC 114 CFC 115 Other CFCs ( please specify)

HBFCs ( please specify)

Halons ( please specify)

Carbon Tetrachloride Methyl Chloroform CBM ICR NUMBER 1432.22 I 4, Revised 5/ 05


[Federal Register: February 12, 2007 (Volume 72, Number 28)]
[Notices]
[Page 6560-6561]
[DOCID:fr12fe07-76]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Application Accepted for Filing and Soliciting Motions
to Intervene, Protests, and Comments

February 2, 2007.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Preliminary Permit.
    b. Project No.: 12768-000.
    c. Date filed: January 11, 2007.
    d. Applicant: Rochester Gas and Electric Corporation.
    e. Name and Location of Project: The proposed Station No. 2, Unit 2
Project would be located at the site of the existing Station No. 2
Hydroelectric Project (FERC No. 2582) on the Genesee River in the City
of Rochester, Monroe County, New York and would provide additional
capacity at that site.
    f. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    g. Applicant Contact: Mr. Thomas W. McCollach, Rochester Gas and
Electric Corporation, 89 East Avenue, Rochester, NY 14649, (585) 724-
8085.
    h. FERC Contact: Tom Papsidero,<PHONE_NUMBER>.
    i. Deadline for filing motions to intervene, protests and comments:
60 days from the issuance date of this notice.
    All documents (original and eight copies) should be filed with
Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426. Comments, protests and
interventions may be filed electronically via the Internet in lieu of
paper; see 18 CFR 385.2001(a)(1)(iii) and the instructions on the
Commission's Web site under the ``e-Filing'' link. The Commission
strongly encourages electronic filings. Please include the project
number (P-12768-000) on any comments or motions filed.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person in the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    j. Description of Proposed Project: The proposed project would be
located at the site of the licensed Station No. 2 Hydroelectric Project
and would have the following new facilities: (1) A proposed 235-foot-
long, 13-foot-diameter penstock which would include a low-level
bifurcation to provide flow to the proposed powerhouse, (2) a proposed
powerhouse containing one generating unit with an installed capacity of
6.0 megawatts, (3) a proposed one-mile-long transmission line which
would connect to an existing power line; and (4) appurtenant
facilities. The project would have an annual generation of 25 gigawatt-
hours, which would be sold to a local utility.
    k. Location of Applications: A copy of the application is available
for inspection and reproduction at the Commission in the Public
Reference Room or may be viewed on the Commission's Web site at http://www.ferc.gov
 using the ``eLibrary'' link. Enter the docket number

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

also available for inspection and reproduction at the address in item g
above.
    l. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    m. Competing Preliminary Permit: Anyone desiring to file a
competing application for preliminary permit for a proposed project
must submit the competing application itself, or a notice of intent to
file such an application, to the Commission on or before the specified
comment date for the particular application (see 18 CFR 4.36).
Submission of a timely notice of intent allows an interested person to
file the competing preliminary permit application no later than 30 days
after the specified comment date for the particular application. A
competing preliminary permit application must conform with 18 CFR
4.30(b) and 4.36.
    n. Competing Development Application: Any qualified development
applicant desiring to file a competing development application must
submit to the Commission, on or before a specified comment date for the
particular application, either a competing development application or a
notice of intent to file such an application. Submission of a timely
notice of intent to file a development application allows an interested
person to file the competing application no later than 120 days after
the specified comment date for the particular

application. A competing license application must conform with 18 CFR
4.30(b) and 4.36.
    o. Notice of Intent: A notice of intent must specify the exact
name, business address, and telephone number of the prospective
applicant, and must include an unequivocal statement of intent to
submit, if such an application may be filed, either a preliminary
permit application or a development application (specify which type of
application). A notice of intent must be served on the applicant(s)
named in this public notice.
    p. Proposed Scope of Studies under Permit: A preliminary permit, if
issued, does not authorize construction. The term of the proposed
preliminary permit would be 36 months. The work proposed under the
preliminary permit would include economic analysis, preparation of
preliminary engineering plans, and a study of environmental impacts.
Based on the results of these studies, the Applicant would decide
whether to proceed with the preparation of a development application to
construct and operate the project.
    q. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper; See 18 CFR 385.2001 (a)(1)(iii) and
the instructions on the Commission's Web site under ``e-filing'' link.
The Commission strongly encourages electronic filing.
    r. Filing and Service of Responsive Documents: Any filings must
bear in all capital letters the title ``COMMENTS'', ``NOTICE OF INTENT
TO FILE COMPETING APPLICATION'', ``COMPETING APPLICATION'',
``PROTEST'', or ``MOTION TO INTERVENE'', as applicable, and the Project
Number of the particular application to which the filing refers. Any of
the above-named documents must be filed by providing the original and
the number of copies provided by the Commission's regulations to: The
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. An additional copy must be sent to Director,
Division of Hydropower Administration and Compliance, Federal Energy
Regulatory Commission, at the above-mentioned address. A copy of any
notice of intent, competing application or motion to intervene must
also be served upon each representative of the Applicant specified in
the particular application.
    s. Agency Comments: Federal, State, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.

Magalie R. Salas,
Secretary.
 [FR Doc. E7-2259 Filed 2-9-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 110 (Wednesday, June 8, 2016)]
[Rules and Regulations]
[Pages 36798-36800]
[FR Doc No: 2016-13458]

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

Coast Guard

33 CFR Part 117

[Docket No. USCG-2015-0940]
RIN 1625-AA09

Drawbridge Operation Regulation; Indian Creek, Miami Beach, FL

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the operating schedule that
governs the 63rd Street Bridge across Indian Creek, mile 4.0, at Miami
Beach, FL. This rule implements restrictions that allow the bridge to
remain closed during peak vehicle traffic times. Bridge openings during
peak vehicle traffic times cause major traffic jams that may be avoided
without negatively impacting vessel traffic on the Indian Creek.
Modifying the bridge operating schedule will reduce major vehicle
traffic issues during rush hour times.

DATES: This rule is effective July 8, 2016.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2015-0940. In the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Rod Elkins with the Coast Guard; telephone 305-415-
6989, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On February, 18, 2016, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulation; Indian Creek, Miami
Beach, FL in the Federal Register (81 FR 8168). We received 508
comments on this rule.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
    The 63rd Street Bridge across Indian Creek, mile 4.0, at Miami
Beach, Florida is a single leaf bascule bridge. It has a vertical
clearance of 11 feet at mean high water in the closed position and a
horizontal clearance of 50 feet. Presently, in accordance with 33 CFR
117.5, the 63rd Street Bridge is required to open on signal for the
passage of vessels. Traffic on the waterway includes both commercial
and recreational vessels.
    The City of Miami Beach and Miami Dade County determined through
bridge studies, traffic logs, and public meetings that restricting
bridge openings during peak traffic hours will significantly reduce
vehicular traffic congestion. Based on this determination, the City of
Miami Beach requested this action to alleviate additional traffic
congestion created by bridge openings during peak hours.
    In addition to changing the schedule to allow for limited openings
during the regular work week, the Coast Guard is making a regulatory
change that will apply during the annual boat show. Every year in mid-
February the City of Miami Beach hosts the Yacht and Brokerage Show
which creates unusually high vehicle and vessel traffic during the
weeks before and after the show. The Coast Guard typically issues
temporary deviations to the 63rd Street Bridge operations that help
balance vessel and vehicle needs during those times. The Coast Guard is
adopting the annual temporary deviation as part of this bridge
regulation. The bridge owner, Florida Department of Transportation
concurs with this Final Rule change.

IV. Discussion of Comments, Changes and the Final Rule

    There were 508 comments received concerning the proposed rule. Of
these comments, 497 were in favor of the proposed rule. Eight comments
recommended various additional closure times that place more
restrictions on bridge openings and do meet the reasonable needs of
navigation. Two comments recommended openings on the hour and half hour
at all times of day. The Coast Guard did not adopt these proposals
because they are less restrictive than necessary to balance the needs
of vehicle traffic during peak travel hours of the day and more
restrictive than necessary to accommodate the reasonable needs of
maritime navigation outside times of increased vehicle traffic. One
comment recommended placing a toll system for openings on the bridge.
This rulemaking seeks to set an operating schedule that will balance
the needs of vehicle traffic with the reasonable needs of navigation.
Therefore, the Coast Guard did not accept this proposal because it is
outside the scope of this rulemaking.
    The Coast Guard is adding Sec.  117.293 as proposed without change.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders (E.O.s) related to rulemaking. Below we summarize our
analyses based on a number of these statutes and E.O.s, and we discuss
First Amendment rights of protesters.

A. Regulatory Planning and Review

    E.O.s 12866 and 13563 direct agencies to assess the costs and
benefits of available regulatory alternatives and, if regulation is
necessary, to select regulatory approaches that maximize net benefits.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has not been designated a ``significant
regulatory action,'' under E.O. 12866. Accordingly, it has not been
reviewed by the Office of Management and Budget.
    This regulatory action determination is based on the ability that
vessels can still transit the waterway during scheduled openings.
Additionally, vessels that are capable of transiting under the bridge
in the closed position, may do so at any time.

B. 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 received zero comments from the Small Business
Administration on this rule. 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 might be
small entities: The owners or operators of vessels that require more
than eleven feet vertical clearance that need to transit the bridge
during daytime closure periods. Vessels will still be allowed to
transit this waterway at all times if they can clear without an
opening, or at the specified times if they need the bridge open. This
change in operating schedule will still meet the reasonable needs of
navigation while taking into account other modes of transportation.
    While some owners or operators of vessels intending to transit the
bridge may be small entities, for the reasons stated in section V.A
above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
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.

C. 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).

D. Federalism and Indian Tribal Government

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guides the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a
determination that this action is one of a category of actions which do
not individually or cumulatively have a significant effect on the human
environment. This rule simply promulgates the operating regulations or
procedures for drawbridges. This action is categorically excluded from
further review, under figure 2-1, paragraph (32)(e), of the
Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule.

G. Protest Activities

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

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority:  33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.

0
2. Add Sec.  117.293 to read as follows:

Sec.  117.293  Indian Creek.

    The draw of the 63rd Street Bridge, Indian Creek mile 4.0, at Miami
Beach, shall open on signal except as follows:
    (a) From 7 a.m. to 7 p.m., Monday through Friday except Federal
holidays, the draw need open only on the hour and half-hour.
    (b) From 7:10 a.m. to 9:55 a.m. and 4:05 p.m. to 6:59 p.m., Monday
through Friday except Federal holidays, the draw need not open for the
passage of vessels.
    (c) In February of each year during the period seven days prior to
the City of Miami Beach Yacht and Brokerage Show and the four days
following the show, from 10 a.m. to 4 p.m., the bridge need not open
except for 10 minutes at the top of the hour. At all other times the
bridge shall operate on its normal schedule.

    Dated: June 2, 2016.
S.A. Buschman,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 2016-13458 Filed 6-7-16; 8:45 am]
 BILLING CODE 9110-04-P