[Federal Register Volume 76, Number 107 (Friday, June 3, 2011)]
[Proposed Rules]
[Pages 32107-32110]
[FR Doc No: 2011-13802]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

14 CFR Part 382

[Docket No. DOT-OST-2011-0098]
RIN 2105-AD87

Nondiscrimination on the Basis of Disability in Air Travel;
Accessibility of Aircraft and Stowage of Wheelchairs

AGENCY: Office of the Secretary (OST), Department of Transportation
(DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The Department of Transportation is seeking comment on whether
or not the prohibition against using the seat-strapping method (placing
a wheelchair across a row of seats using a strap kit with safety-
approval from the Federal Aviation Administration or applicable foreign
government) to transport a passenger's wheelchair in the cabin of newer
aircraft as set forth in DOT regulations should be deleted, modified,
or remain as written.

DATES: Interested persons are invited to submit comments regarding this
proposal. Comments must be received on or before August 2, 2011.

ADDRESSES: You may file comments identified by the docket number DOT-
OST-2011-0098 by any of the following methods:
     Federal Rulemaking Portal: go to http://www.regulations.gov and follow the online instructions for submitting
comments.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Ave., SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Ave., SE., between 9 a.m. and 5 p.m. ET,
Monday through Friday, except Federal Holidays.
     Fax:<PHONE_NUMBER>.
    Instructions: You must include the agency name and docket number
DOT-OST-2011-0098 or the Regulatory Identification Number (RIN) for the
rulemaking at the beginning of your comment. All comments received will
be posted without change to http://www.regulations.gov, including any
personal information provided.
    Privacy Act: Anyone is able to search the electronic form of all
comments received in any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.) You may review DOT's
complete Privacy Act statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78), or you may visit http://DocketsInfo.dot.gov.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov or to the street
address listed above. Follow the online instructions for accessing the
docket.

FOR FURTHER INFORMATION CONTACT: Amna Arshad, Trial Attorney, Office of
the Assistant General Counsel for Aviation Enforcement and Proceedings,
Department of Transportation, 1200 New Jersey Avenue, SE., Room W96-
405, Washington, DC 20590,<PHONE_NUMBER>. You may also contact Blane
A. Workie, Deputy Assistant General Counsel, Office of the Assistant
General Counsel for Aviation Enforcement and Proceedings, Department of
Transportation, 1200 New Jersey Avenue, SE., Room W96-464, Washington,
DC 20590,<PHONE_NUMBER>. Arrangements to receive this notice in an
alternative format may be made by contacting the above named
individuals.

SUPPLEMENTARY INFORMATION:

Summary of Preliminary Regulatory Analysis

    The preliminary regulatory analysis suggests that the benefits of
the proposed requirement to allow carriers to use the seat-strapping
method to stow a passenger's manual folding wheelchair in the cabin of
``new'' aircraft exceed its costs. This analysis, outlined in the table
below, finds that the expected net present value of the rule over 20
years at a 7% discount rate would amount to $243 million to $273
million.

----------------------------------------------------------------------------------------------------------------
                                                                                Present value (millions)
----------------------------------------------------------------------------------------------------------------
Total Quantified Benefits...............  20 years, 7% discounting.......  $243 to $273.
Total Quantified Costs *................  20 years, 7% discounting.......  $0.
Net Quantified Benefits.................  20 years, 7% discounting.......  $243 to $273.
----------------------------------------------------------------------------------------------------------------
* No basis for concluding that rule would impose quantified costs on any party.

Information on additional benefits and costs for which quantitative
estimates could not be developed is provided in the Regulatory Analysis
and Notices section.

Background

    The Air Carrier Access Act (ACAA) prohibits discrimination by U.S.
and foreign carriers against passengers with disabilities. (See 49
U.S.C. 41705) Its implementing regulation, 14 CFR Part 382, contains
detailed standards and requirements to ensure carriers provide
nondiscriminatory service to passengers with disabilities. This rule
was updated on May 13, 2008, to, among other things, cover foreign air
carriers. (73 FR 27614) This NPRM seeks comment on whether the
Department should amend the provisions in the May 13, 2008, rule
pertaining to the stowage of one passenger's manual folding wheelchair
in the cabin of aircraft with 100 or more passenger seats (Sec.
382.67) in order to allow the continued use of the seat-strapping
method (placing a wheelchair across a row of seats using a strap kit
approved by the Federal Aviation Administration or applicable foreign
government).
    When the requirement for in-cabin space for a folding passenger
wheelchair was originally adopted in 1990, the Department's intention
was that new aircraft would have a designated space (e.g., a closet or
similar compartment) in which a passenger's wheelchair could be stowed.
(55 FR 8007) The practice of seat-strapping was not authorized, or even
mentioned, in the regulatory text or the original rulemaking. The
practice of seat-strapping was subsequently permitted under Department
enforcement policy as an alternative to compliance with the
regulation's requirement with respect to accommodating a passenger's
manual folding wheelchair in the cabin. The Department determined in
the final rule issued in 2008 that it was best not to carry over this
policy to the new rule with respect to new aircraft (i.e., aircraft
ordered after May 13, 2009, or delivered after May 13, 2011), and
required, consistent with the intent of the original 1990 rule, that
new aircraft be capable of accommodating a passenger's wheelchair in a
priority stowage space in the cabin. The Department made this

decision because of concerns that seat-strapping (1) Is an awkward way
of transporting a wheelchair in the cabin; (2) can result in less
timely stowage and return of the passenger's wheelchair; (3) can be
more conspicuous and bring unwanted attention to passengers with
disabilities; (4) can be more likely to result in damage to the
passenger's wheelchair; and (5) can result in last-minute surprise
denials of service to other passengers holding confirmed tickets on
full flights. Existing aircraft were not required to be retrofitted,
however, and airlines could continue to use seat-strapping on those
aircraft.
    Within six months of issuance of the May 13, 2008, final rule, the
Department received two requests to continue the use of seat-strapping.
The Department also received a request to stow a passenger's manual
folding wheelchair in a designated cargo stowage space as an
alternative to stowing the passenger's wheelchair in the cabin of
aircraft. These requests were submitted pursuant to the ``equivalent
alternative'' provision of the May 13, 2008, final rule, which allows
carriers to request a determination that a carrier's policy, practice,
or other accommodation provides substantially equivalent accessibility
to passengers with disabilities compared to a specified provision of
Part 382. (See 14 CFR 382.9)
    The Department denied the two requests to continue the use of seat-
strapping because it was contrary to the explicit language of the rule,
and a change in the substance of the rule must be addressed through
rulemaking. (See Response to Application of JetBlue Airways Corp., for
an Equivalent Alternative Determination from 14 CFR 382.123(c), Docket
DOT-OST-2008-0273-0063 (filed July 22, 2009); Response to Application
of US Airways, Inc., for an Equivalent Alternative Determination from
14 CFR 382.123(c), Docket DOT-OST-2008-0273-0064 (filed July 22,
2009).) The Department, however, granted a request to stow a
passenger's manual folding wheelchair in a designated cargo stowage
space as an alternative to stowing the wheelchair in the cabin on a
one-year trial basis subject to numerous conditions to ensure the same
or greater accessibility to persons with a disability. (See Response to
Application of Aerovias Del Continente Americano S.A., for an
Equivalent Alternative Determination from 14 CFR 382.67 and 14 CFR
382.123, Docket DOT-OST-2008-0273-0101.)
    The Department believes that the issues raised by carriers with
regard to using the seat-strapping method should be considered further.
Therefore, the Department is seeking comment on whether carriers should
be allowed to use the seat-strapping method to stow a passenger's
manual folding wheelchair in the cabin of ``new'' aircraft. The
Department wants to make clear that, by issuing this NPRM, we are not
taking a position on the merits of the use of seat-strapping. The
proposed regulatory text is language that the Department could use if
we decide to change the rule. Its presence does not mean that making
such a change is the Department's policy preference at this time.
    In addition to comments on whether or not seat-strapping should be
allowed as an alternative to the requirement for a designated stowage
space in the cabin for a passenger wheelchair, the Department has
developed a series of questions to assist us in determining the impact
of seat-strapping on passengers with a disability, other members of the
traveling public, and carriers. The Department will consider
information in response to the questions posed below in determining
whether carriers should be allowed to use seat-strapping. The
Department specifically seeks comments on the following broad
categories: Potential stigmatization associated with the seat-strapping
method, impact on other passengers that may result from the seat-
strapping method, compliance cost if the prohibition on the use of the
seat-strapping method remains, complaints relating to damage to
wheelchairs or delay in the return and stowage of a passenger's
wheelchair, training of carrier employees, identification of priority
space for assistive devices, additional accommodations that may be
required if seat-strapping method is permitted, and other miscellaneous
questions.
Stigmatization
    (1) Concerns over potential stigmatization or embarrassment
associated with the seat-strapping method, including but not limited
to, how a passenger might feel if he or she is made aware that other
passengers could be denied boarding on a full flight in order to
accommodate his or her wheelchair in the cabin of the aircraft and how
carriers might address such situations; and
    (2) Procedures currently used, or that could be created, to
minimize the potential stigmatization or embarrassment associated with
the seat-strapping method.
Impact on Other Passengers
    (1) The effect the seat-strapping method would have on passengers
other than those stowing a wheelchair in the cabin of an aircraft;
    (2) Procedures currently used, or that could be created, to
minimize the possibility that passengers will be denied boarding due to
the use of the seat-strapping method; and
    (3) The number of passengers denied boarding per year due to the
use of the seat-strapping method on old aircraft (i.e., aircraft
ordered on or before May 13, 2009, or aircraft delivered on or before
May 13, 2011) and a description of the process by which such data were
collected.
Compliance Cost
    (1) The cost to carriers if the prohibition on the use of the seat-
strapping method remains as currently written in 14 CFR 382.123(c)
(i.e., prohibited on any aircraft ordered after May 13, 2009, or
delivered after May 13, 2011);
    (2) The effects, other than cost, that continuing the prohibition
of the seat-strapping method would have on carriers; and
    (3) Benefits to using the seat-strapping method, aside from cost
savings to carriers, over the requirement to have a priority stowage
space.
    (4) Any increased costs to carriers, such as increased purchases of
wheelchair strapping kits, that would result from allowing the seat-
strapping method.
Complaints Regarding Damage to Wheelchairs and Timely Stowage and
Return of a Passenger's Wheelchair
    (1) Concerns regarding damage to a wheelchair if the seat-strapping
method is allowed;
    (2) Complaints received regarding wheelchair damage from using the
seat-strapping method;
    (3) Complaints received regarding wheelchair damage from stowing a
wheelchair in a priority space in the cabin (e.g., closets), using a
method other than the seat-strapping method; and
    (4) Concerns regarding less timely stowage and return of a
passenger's manual folding wheelchair when using the seat-strapping
method.
Training
    (1) How do carriers currently ensure that their employees know that
passengers can use the seat-strapping method to stow wheelchairs; and
    (2) Whether the existing requirement for carriers to train their
public contact employees to proficiency on the proper and safe
operation of any equipment used to accommodate passengers with a
disability is sufficient to ensure carrier

employees know the proper manner in which stow a wheelchair across a
row of seats using a strap kit.
Identification of Priority Space for Stowage of Assistive Devices
    (1) Whether the Department should require carriers to visually
identify through some sort of placard (e.g., a placard that notes the
space is a ``Priority Stowage Space for Assistive Devices,'' with the
International Symbol for Access) that wheelchairs, other mobility aids,
and other assistive devices have priority for stowage in the cabin
compartment over other items; and
    (2) Whether there is any benefit in requiring airlines to inform
passengers of the location of seats where a folding manual wheelchair
may be stowed.
Additional Accommodations if Seat Strapping Method Is Allowed
    (1) Whether the dimensions of a wheelchair that must fit without
disassembly into the priority space currently 13 inches by 36 inches by
42 inches or less should be increased if the Department allows carriers
to use the seat-strapping method as a means of stowing a folding manual
wheelchair in the passenger cabin;
    (2) Given the wide variety of wheelchairs and mobility devices on
the market, what dimensions would be a reasonable compromise between
the needs of passengers and the space constraints of carriers using the
seat-strapping method to stow wheelchairs; and
    (3) If seat-strapping is allowed, should carriers be required to
accommodate more than one folding wheelchair in the passenger cabin
when the stowage of additional wheelchairs would not displace other
passengers.
Other
    (1) Whether the Department should prohibit or allow U.S. and
foreign carriers to remove existing closets or other priority spaces
used for stowing a passenger's wheelchair on aircraft covered by Part
382 (i.e., should any requirement that is adopted only apply to new
aircraft);
    (2) Whether the Department should allow the use of the seat-
strapping method only on single-aisle aircraft as there is sufficient
space for a closet or other priority stowage space on twin-aisle
aircraft; and
    (3) Any other information or data that are relevant to the
Department's decision.
    We invite all interested persons to comment on the issues raised in
this notice. Our final action will be based on the comments and
supporting evidence filed in this docket and on our own analysis.

Regulatory Analysis and Notices

A. Executive Order 12866 (Regulatory Planning and Review), DOT
Regulatory Policies and Procedures, and Executive Order 13563
(Improving Regulation and Regulatory Review)
    This action has been determined to be significant under Executive
Order 12866 and the Department of Transportation's Regulatory Policies
and Procedures. It has been reviewed by the Office of Management and
Budget in accordance with Executive Order 12866 (Regulatory Planning
and Review) and Executive Order 13563 (Improving Regulation and
Regulatory Review) and is consistent with the requirements in both
orders. Executive Order 13563 refers to nonquantifiable values,
including equity and fairness.
    The Regulatory Evaluation estimates that the monetary benefit of
allowing airlines to use seat-strapping exceeds the monetary costs.
Specifically, the benefit of allowing carriers to use seat-strapping
would likely result in a total net revenue gain over a 20-year period
of $243-$273 million present value. This represents revenue derived
from seats that would not have to be removed in order to make space for
a permanent wheelchair stowage area. No mandatory additional cost will
be imposed on carriers if seat-strapping is allowed as an alternative
to complying with the current requirement to provide a priority space
for wheelchair stowage. It is unclear whether allowing carriers to use
the seat-strapping method would impose costs related to damage or
delayed stowage and return of wheelchairs on passengers with
disabilities. Based on a review of the Department's consumer complaint
database and discussions with the industry, the Department has no
evidence that such consequences are likely and seeks comment
particularly from persons with disabilities and disability
organizations. Furthermore, non-disabled, ticketed passengers may be
required to forego their seats on a full flight in order to accommodate
a wheelchair, but the Department has not received any complaints
regarding this practice. We request from the public any information
that will improve the accuracy of our estimates or aid us in
determining whether seat-strapping offers advantages or disadvantages
that have not been considered. A copy of the Preliminary Regulatory
Analysis has been placed in the docket.
B. Executive Order 13132 (Federalism)
    This Notice of Proposed Rulemaking has been analyzed in accordance
with the principles and criteria contained in Executive Order 13132
(``Federalism''). This notice does not propose any regulation that has
substantial direct effects on the States, the relationship between the
national government and the States, or the distribution of power and
responsibilities among the various levels of government. It does not
propose any regulation that imposes substantial direct compliance costs
on State and local governments. It does not propose any regulation that
preempts State law, because States are already preempted from
regulating in this area under the Airline Deregulation Act, 49 U.S.C.
41713. Therefore, the consultation and funding requirements of
Executive Order 13132 do not apply.
C. Executive Order 13084
    This notice has been analyzed in accordance with the principles and
criteria contained in Executive Order 13084 (``Consultation and
Coordination With Indian Tribal Governments''). Because none of the
options on which we are seeking comment would significantly or uniquely
affect the communities of the Indian tribal governments or impose
substantial direct compliance costs on them, the funding and
consultation requirements of Executive Order 13084 do not apply.
D. Regulatory Flexibility Act
    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an
agency to review regulations to assess their impact on small entities
unless the agency determines that a rule is not expected to have a
significant economic impact on a substantial number of small entities.
We hereby certify that the rule proposed in this notice of proposed
rulemaking will not have a significant economic impact on a substantial
number of small entities. A direct air carrier or a foreign air carrier
is a small business if it provides air transportation only with small
aircraft (i.e., aircraft designed to have a maximum passenger capacity
of not more than 60 seats or a maximum payload capacity of not more
than 18,000 pounds). See 14 CFR 399.73. The subject matter of this
notice only affects aircraft with 100 or more passenger seats.
Therefore, this requirement would not apply to small businesses. In
addition, the proposed change would lessen the burden on U.S. and
foreign air carriers by allowing the carriers to retain their current
seating configuration and not remove seats to install a priority space
in the cabin for a passenger

wheelchair. We invite comment to facilitate our assessment of the
potential impact of these initiatives on small entities.
E. Paperwork Reduction Act
    This rule imposes no new information reporting or record keeping
necessitating clearance by the Office of Management and Budget.
F. Unfunded Mandates Reform Act
    The Department has determined that the requirements of Title II of
the Unfunded Mandates Reform Act of 1995 do not apply to this notice.

    Issued this 26th day of May 2011, at Washington, DC.
Ray LaHood,
Secretary of Transportation.

List of Subjects in 14 CFR Part 382

    Air carriers, Civil rights, and Individuals with disabilities.

    For the reasons set forth in the preamble, the Department is
proposing to amend 14 CFR part 382, as follows:

PART 382--NONDISCRIMINATION ON THE BASIS OF DISABILITY IN AIR
TRAVEL

    1. The authority citation for part 382 continues to read as
follows:

    Authority:  49 U.S.C. 41705.

    2. Section 382.67 is revised to read as follows:

Sec.  382.67  What is the requirement for priority space in the cabin
to store passengers' wheelchairs?

    (a) As a carrier, you must ensure that there is a priority space
(e.g., a closet or a row of seats where a wheelchair may be strapped
using a strap kit approved by the Federal Aviation Administration or
applicable foreign government) in the cabin of sufficient size to stow
at least one typical adult-sized folding, collapsible, or break-down
manual passenger wheelchair, the dimensions of which are 13 inches by
36 inches by 42 inches or less without having to remove the wheels or
otherwise disassemble it. This requirement applies to any aircraft with
100 or more passenger seats.
    (b) This space must be other than the overhead compartments and
under-seat spaces routinely used for passengers' carry-on items.
    (c) If passengers holding confirmed reservations are not able to
travel on a flight because their seats are being used to stow a
passenger's wheelchair as required by paragraph (a) of this section,
carriers must compensate those passengers in an amount to be calculated
as provided for in instances of involuntary denied boarding under 14
CFR part 250, where part 250 applies.
    (d) As a carrier, you must never request or suggest that a
passenger should not stow his or her wheelchair in the cabin to
accommodate other passengers (e.g., informing a passenger that stowing
a wheelchair in the cabin will require other passengers to be removed
from the flight), or for any other non-safety related reason (e.g.,
easier for the carrier if the wheelchair is stowed in the cargo).
    (e) As a foreign carrier, you must meet the requirement of
paragraph (a) of this section for new aircraft ordered after May 13,
2009, or delivered after May 13, 2010. As a U.S. carrier, this
requirement applies to you with respect to new aircraft you operate
that were ordered after April 5, 1990, or which were delivered after
April 5, 1992.

Sec.  382.123  [Amended]

    3. Section 382.123(c) is removed.

[FR Doc. 2011-13802 Filed 6-2-11; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register Volume 81, Number 38 (Friday, February 26, 2016)]
[Notices]
[Page 9928]
[FR Doc No: 2016-04210]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Eighty-Fourth Meeting: RTCA Special Committee (147) Minimum
Operational Performance Standards for Traffic Alert and Collision
Avoidance Systems Airborne Equipment

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

ACTION: Notice of Eighty-Fourth RTCA Special Committee 147 Meeting.

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SUMMARY: The FAA is issuing this notice to advise the public of the
Eighty-Fourth RTCA Special Committee 147 meeting.

DATES: The meeting will be held March 15-17, 2016 from 9:00 a.m.-5:00
p.m.

ADDRESSES: The meeting will be held at Drury Inn and Suites Phoenix,
2335 W. Pinnacle Peak Rd, Phoenix, AZ, 85027, Tel:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: The RTCA Secretariat, 1150 18th Street
NW., Suite 910, Washington, DC 20036, or by telephone at (202) 833-
9339, fax at<PHONE_NUMBER>, or Web site at http://www.rtca.org or
Albert Secen, Program Director, RTCA, Inc<EMAIL_ADDRESS>(202) 330-
0647.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., App.), notice is
hereby given for a meeting of RTCA Special Committee 147. The agenda
will include the following:

Tuesday, March 15, 2016

1. TWG Agenda
    a. Review of TWG Activity List/Schedule
    b. Run 14 Stress Testing
    c. MOPS Test Status Review
    d. High Performance Encounter Updates
    e. Climb Inhibits
    f. Metrics Matrix Updates/Acceptability Criteria
    g. ASIM/Test Suite Update
    h. MOPS Review
2. SWG Agenda
    a. Review of SWG Activity List/Schedule
    b. Passive Surveillance Requirements Review/Walkthrough
    c. Passive Surveillance Tests Examples
    d. Review Planned Changes for Run 15 STM
    e. STM-related MOPS Reviews
    f. Updated LA Basin Analysis Against Proposed Mode C Algorithms
    g. Downlink Messages
    h. Misc. Smaller Topics/Meeting Close

Wednesday, March 16, 2016

1. SWG & TWG Agenda
    a. Change Process for Run 15
    b. 2015 Flight Test Summary--Run 15 Focus
    c. Data Tables Formatting and MOPS
    d. Documentation
    e. ACAS Xo Updates/Open Items
    f. EUROCONTROL Report (SEGMENT, CAF[Eacute])
    g. OWG/OWS Updates
    h. Report from CSG
    i. Julia Overview

Thursday, March 17, 2016

1. Plenary Agenda
    a. Opening Plenary Session
    i. Chairmen's Opening Remarks/Introductions
    ii. Approval of Minutes from 83rd meeting of SC-147
    iii. Approval of Agenda
    b. WG-75 Update
    c. SESAR 1 Update
    d. S2020 Safety Nets
    e. Working Group Reports
    i. Report from WG-1 (Surveillance and Tracking)
    ii. Report from WG-2 (Threat Resolution)
    iii. Report from Safety Sub-Group
    iv. Report from Xo Sub-Group
    v. Report from Coordination Sub-Group
    vi. Report from OWG/OWS
    vii. Report from Xu subgroup
    f. Review of the ADD and RMJM
    g. Overflow
    h. Closing Session
    i. Next Meeting Location

    Attendance is open to the interested public but limited to space
availability. With the approval of the chairman, members of the public
may present oral statements at the meeting. Plenary information will be
provided upon request. Persons who wish to present statements or obtain
information should contact the person listed in the FOR FURTHER
INFORMATION CONTACT section. Members of the public may present a
written statement to the committee at any time.

    Issued in Washington, DC, on February 23, 2016.
Latasha Robinson,
Management & Program Analyst, NextGen, Enterprise Support Services
Division, Federal Aviation Administration.
[FR Doc. 2016-04210 Filed 2-25-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 65 (Monday, April 6, 2015)]
[Notices]
[Page 18397]
[FR Doc No: 2015-07795]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP15-61-000]

Northern Natural Gas Company; Notice of Staff Protest to Proposed
Blanket Certificate Activity

    Commission staff (Protestor) hereby protests the prior notice
request filed under the provisions of part 157, subpart F, of the
Commission's regulations, by Northern Natural Gas Company (Northern) on
January 20, 2015 in the above referenced docket. Pursuant to its part
157, subpart F, blanket certificate authority, Northern proposes to
construct and abandon facilities in Clark and Codington Counties, South
Dakota. Protestor seeks to have this prior notice request processed as
a case-specific application filed under section 7(c) of the Natural Gas
Act and part 157, subpart A, of the Commission's regulations.\1\
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    \1\ Section 157.205(f) provides that a protested prior notice
filing shall be treated as though it had filed a case-specific
application under NGA section 7, unless, pursuant to section
157.205(g) the protestor withdraws its protest within 30 days after
protests were due.
---------------------------------------------------------------------------

    Protestor notes that on February 27, 2015, Northern filed a data
response which described communication with the Sisseton-Wahpeton Oyate
of the Lake Traverse Reservation (tribe). The tribe indicated that it
would be necessary to conduct a Traditional Cultural Properties (TCP)
survey to ensure that no TCPs would be affected by construction.
Northern has not yet provided the results of the TCP survey. Northern
must file with the FERC the results of the TCP survey and/or updated
communication with the tribe to ensure the project's compliance with
the National Historic Preservation Act, as required under Appendix II
to Subpart F of Part 157 of the Commission's regulations. Without this
information, environmental concerns cannot be adequately assessed
before the protest period expires today.

    Dated: March 31, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-07795 Filed 4-3-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 238 (Wednesday, December 12, 2018)]
[Rules and Regulations]
[Pages 63804-63806]
[FR Doc No: 2018-26860]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-1081]
RIN 1625-AA00

Safety Zone; Rocket Debris Control and Removal Operations,
Atlantic Ocean, Cape Canaveral, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a 1000-yard temporary moving
safety zone around the Falcon 9 rocket in the Atlantic Ocean, in the
vicinity of Port Canaveral Harbor, Cape Canaveral, FL. This safety zone
is necessary to protect personnel, vessels, and the public from
potential hazards associated with the control and removal of the rocket
and any debris from navigable waters of the Atlantic Ocean. All persons
and vessels are prohibited from entering, transiting through, anchoring
in, or remaining within the safety zone unless authorized by the
Captain of the Port Jacksonville or a designated representative.

DATES: This rule is effective without actual notice from December 12,
2018 through December 28, 2018. For purposes of enforcement, actual
notice will be used from December 5, 2018 through December 12, 2018.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2018-1081 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Rory Boyle, Sector Jacksonville, Waterways
Management Division, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

COTP Captain of the Port
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O Executive order
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

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable. On December 5,
2018, the Coast Guard determined that immediate action was necessary to
protect life and property from the hazards associated with control and
removal of a Falcon 9 rocket and any associated debris located in the
Atlantic Ocean. Due to the emergent nature and increased safety risks
associated with control and removal operations for the rocket, there is
insufficient time to publish an NPRM and to receive public comments
before the rulemaking is required. The regulation is necessary to
provide for the safety of persons and vessels within a 1000-yard radius
of the Falcon 9 rocket. For those reasons, it would be impracticable to
publish an NPRM.
    For the reasons discussed above, under 5 U.S.C. 553(d)(3), the
Coast Guard finds that good cause exists for making this rule effective
less than 30 days after publication in the Federal Register.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Jacksonville (COTP) has determined that
potential hazards associated with control and removal operations for
the Falcon 9 rocket will be a safety concern for persons and vessels
within a 1000-yard radius of the rocket. The purpose of this rule is to
protect personnel, vessels, and the marine environment in the navigable
waters within the safety zone during control and removal operations
associated with the Falcon 9 rocket.

IV. Discussion of the Rule

    This rule establishes a safety zone that will encompass all
navigable waters of the Atlantic Ocean within a 1000-yard radius of a
Falcon 9 rocket located at position 28[deg]24.3 N 080[deg]30.8 W, in
the vicinity of Port Canaveral Harbor, Cape Canaveral, Florida. The
safety zone will be enforced during control, movement, and removal
operations associated with the Falcon 9 rocket from 7 p.m. on December
5, 2018 until 11:59 p.m. on December 28, 2018, unless sooner terminated
by the COTP Jacksonville upon completion of the removal operations. The
duration of the safety zone is intended to ensure the safety of
persons, vessels, and the marine environment from potential hazards
associated with rocket and debris movement control and removal
operations. These operations include the use of towing vessels, divers
and support vessels. There will be occasions during the operations when
there will be divers in the water and the waterway will be obstructed
by the associated vessels and equipment. No vessel or person will be
permitted to enter, transit through, anchor in, or remain within the
safety zone unless authorized by the COTP Jacksonville or designated
representative. If authorization to enter, transit through, anchor in,
or remain within the safety zone granted by the COTP Jacksonville or a
designated representative, all persons and vessels receiving such
authorization must transit at a minimum safe speed and must comply with
the orders of the COTP Jacksonville or designated representative. The
Coast Guard will provide notice and status of the safety zone by
Broadcast Notice to Mariners or on-scene designated representatives.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has

not been reviewed by the Office of Management and Budget (OMB), and
pursuant to OMB guidance it is exempt from the requirements of
Executive Order 13771.
    This regulatory action determination is based on the size,
location, duration, and time-of-day. Although persons and vessels may
not enter, transit through, anchor in, or remain within the safety zone
without authorization from the COTP Jacksonville or a designated
representative, vessel traffic will be able to safely operate in the
surrounding area during the enforcement. Additionally, any persons or
vessels may request authorization to enter, transit through, anchor in,
or remain with the safety zone from the COTP Jacksonville or a
designated representative. Moreover, the Coast Guard will provide
notice of the safety zone to the local maritime community by Broadcast
Notice to Mariners via VHF-FM marine channel 16 about the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on ``small entities'' comprised of small businesses and
not-for-profit organizations that are independently owned and operated
and are not dominant in their fields, and governmental jurisdictions
with populations of less than 50,000. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule would not have a significant economic
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such 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
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves a safety zone that will prohibit entry within navigable
waters outlined in the Discussion of the Rule above. This rule is
categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of the DHS Instruction Manual 023-01-001-01, Rev.
01.

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 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add Sec.  165.T07-1081 to read as follows:

Sec.  165.T07-1081  Safety Zone; Rocket Debris Control and Removal
Operations, Atlantic Ocean, Cape Canaveral, FL.

    (a) Regulated area. The following regulated area is a moving safety
zone: All waters of the Atlantic Ocean within a 1,000-yard radius
around the Falcon 9 rocket and associated debris. The safety zone will
start east of Port Canaveral Harbor, Cape Canaveral, Florida, in
approximate position 28[deg]24.3 N 080[deg]30.8 W and transit with the
rocket in the vicinity of Port Canaveral Harbor, Cape Canaveral, FL.
    (b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard

vessels, and Federal, state, and local officers designated by or
assisting the Captain of the Port Jacksonville in the enforcement of
the regulated area.
    (c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area unless authorized by the Captain of the Port
Jacksonville or a designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the Captain of the
Port Jacksonville by telephone at<PHONE_NUMBER>, or a designated
representative via VHF-FM radio channel 16, to request authorization.
If authorization is granted by the Captain of the Port Jacksonville or
a designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Jacksonville or a designated representative.
    (3) The Coast Guard will issue notice of the safety zone to the
local maritime community via Broadcast Notice to Mariners via VHF-FM
marine channel 16 or by on-scene designated representatives.
    (d) Enforcement. This section will be enforced from 7:00 p.m. on
December 5, 2018 until 11:59 p.m. on December 28, 2018, unless sooner
terminated by the Captain of the Port Jacksonville upon completion of
rocket and debris control and removal operations.

    Dated: December 6, 2018.
T.C. Wiemers,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 2018-26860 Filed 12-11-18; 8:45 am]
BILLING CODE 9110-04-P