[Federal Register Volume 83, Number 226 (Friday, November 23, 2018)]
[Notices]
[Pages 59398-59399]
[FR Doc No: 2018-25525]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2018-0002; Internal Agency Docket No. FEMA-B-1864]

Proposed Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: Comments are requested on proposed flood hazard
determinations, which may include additions or modifications of any
Base Flood Elevation (BFE), base flood depth, Special Flood Hazard Area
(SFHA) boundary or zone designation, or regulatory floodway on the
Flood Insurance Rate Maps (FIRMs), and where applicable, in the
supporting Flood Insurance Study (FIS) reports for the communities
listed in the table below. The purpose of this notice is to seek
general information and comment regarding the preliminary FIRM, and
where applicable, the FIS report that the Federal Emergency Management
Agency (FEMA) has provided to the affected communities. The FIRM and
FIS report are the basis of the floodplain management measures that the
community is required either to adopt or to show evidence of having in
effect in order to qualify or remain qualified for participation in the
National Flood Insurance Program (NFIP). In addition, the FIRM and FIS
report, once effective, will be used by insurance agents and others to
calculate appropriate flood insurance premium rates for new buildings
and the contents of those buildings.

DATES: Comments are to be submitted on or before February 21, 2019.

ADDRESSES: The Preliminary FIRM, and where applicable, the FIS report
for each community are available for inspection at both the online
location https://www.fema.gov/preliminaryfloodhazarddata and the
respective Community Map Repository address listed in the tables below.
Additionally, the current effective FIRM and FIS report for each
community are accessible online through the FEMA Map Service Center at
https://msc.fema.gov for comparison.
    You may submit comments, identified by Docket No. FEMA-B-1864, to
Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance
and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC
20472,<PHONE_NUMBER>, or (email) [email protected].

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
[email protected]; or visit the FEMA Map Information
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: FEMA proposes to make flood hazard
determinations for each community listed below, in accordance with
section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4104, and 44 CFR 67.4(a).
    These proposed flood hazard determinations, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or

pursuant to policies established by other Federal, State, or regional
entities. These flood hazard determinations are used to meet the
floodplain management requirements of the NFIP and are used to
calculate the appropriate flood insurance premium rates for new
buildings built after the FIRM and FIS report become effective.
    The communities affected by the flood hazard determinations are
provided in the tables below. Any request for reconsideration of the
revised flood hazard information shown on the Preliminary FIRM and FIS
report that satisfies the data requirements outlined in 44 CFR 67.6(b)
is considered an appeal. Comments unrelated to the flood hazard
determinations also will be considered before the FIRM and FIS report
become effective.
    Use of a Scientific Resolution Panel (SRP) is available to
communities in support of the appeal resolution process. SRPs are
independent panels of experts in hydrology, hydraulics, and other
pertinent sciences established to review conflicting scientific and
technical data and provide recommendations for resolution. Use of the
SRP only may be exercised after FEMA and local communities have been
engaged in a collaborative consultation process for at least 60 days
without a mutually acceptable resolution of an appeal. Additional
information regarding the SRP process can be found online at https://www.floodsrp.org/pdfs/srp_overview.pdf.
    The watersheds and/or communities affected are listed in the tables
below. The Preliminary FIRM, and where applicable, FIS report for each
community are available for inspection at both the online location
https://www.fema.gov/preliminaryfloodhazarddata and the respective
Community Map Repository address listed in the tables. For communities
with multiple ongoing Preliminary studies, the studies can be
identified by the unique project number and Preliminary FIRM date
listed in the tables. Additionally, the current effective FIRM and FIS
report for each community are accessible online through the FEMA Map
Service Center at https://msc.fema.gov for comparison.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

David I. Maurstad,
Deputy Associate Administrator for Insurance and Mitigation, Department
of Homeland Security, Federal Emergency Management Agency.

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
             Maricopa County, Arizona and Incorporated Areas
          Project: 17-09-0411S Preliminary Date: March 16, 2018
------------------------------------------------------------------------
City of Avondale.......................  City Hall, 11465 West Civic
                                          Center Drive, Development and
                                          Engineering Services
                                          Department, Suite 120,
                                          Avondale, AZ 85323.
City of Buckeye........................  Engineering Department, 530
                                          East Monroe Avenue, Buckeye,
                                          AZ 85326.
City of Goodyear.......................  Engineering Department, 14455
                                          West Van Buren Street,
                                          Goodyear, AZ 85338.
City of Phoenix........................  Street Transportation
                                          Department, 200 West
                                          Washington Street, 5th Floor,
                                          Phoenix, AZ 85003.
Town of Gila Bend......................  Town Hall, 644 West Pima
                                          Street, Gila Bend, AZ 85337.
Unincorporated Areas of Maricopa County  Flood Control District of
                                          Maricopa County, 2801 West
                                          Durango Street, Phoenix, AZ
                                          85009.
------------------------------------------------------------------------
             Cerro Gordo County, Iowa and Incorporated Areas
           Project: 16-07-2144S Preliminary Date: May 3, 2018
------------------------------------------------------------------------
City of Clear Lake.....................  Public Works Office, 1419 2nd
                                          Avenue South, Clear Lake, IA
                                          50428.
City of Dougherty......................  City Hall, 81 East Patrick
                                          Street, Doughtery, IA 50433.
City of Mason City.....................  City Hall, 10 1st Street
                                          Northwest, Mason City, IA
                                          50401.
City of Meservey.......................  City Hall, 428 1st Steet,
                                          Meservey, IA 50457.
City of Plymouth.......................  City Hall, 616 Broad Street,
                                          Plymouth, IA 50464.
City of Rock Falls.....................  City Hall, 3 South Nottingham
                                          Street, Suite 100, Rock Falls,
                                          IA 50467.
City of Rockwell.......................  City Hall, 114 3rd Street
                                          North, Rockwell, IA 50469.
City of Swaledale......................  City Hall, 506 Main Street,
                                          Swaledale, IA 50477.
City of Thornton.......................  City Hall, 404 Main Street,
                                          Thornton, IA 50479.
City of Ventura........................  City Hall, 101 Sena Street,
                                          Ventura, IA 50482.
Unincorporated Areas of Cerro Gordo      Cerro Gordo County Courthouse,
 County.                                  220 North Washington Avenue,
                                          Mason City, IA 50401.
------------------------------------------------------------------------

[FR Doc. 2018-25525 Filed 11-21-18; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register: June 29, 2006 (Volume 71, Number 125)]
[Notices]
[Page 37130]
[DOCID:fr29jn06-86]

=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting Notice

Federal Register Citation of Previous Announcement:  71 FR 36569, June
27, 2006.

Status:  Closed Meeting.

Place:  100 F Street, NE., Washington, DC.

Date and Time of Previously Announced Meeting:  Thursday, June 29, 2006
at 2 p.m.

Change in the Meeting: Time Change.
    The Closed Meeting scheduled for Thursday, June 29, 2006 at 2 p.m.
has been changed to Thursday, June 29, 2006 at 1 p.m.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting items. For further information and to
ascertain what, if any, matters have been added, deleted or postponed,
please contact the Office of the Secretary at<PHONE_NUMBER>.

    Dated: June 27, 2006.
Nancy M. Morris,
Secretary.
[FR Doc. 06-5903 Filed 6-27-06; 10:51 am]

BILLING CODE 8010-01-P


[Federal Register Volume 77, Number 54 (Tuesday, March 20, 2012)]
[Notices]
[Pages 16215-16216]
[FR Doc No: 2012-6645]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC12-4-000]

Commission Information Collection Activities (FERC-716); Comment
Request

AGENCY: Federal Energy Regulatory Commission, Department of Energy.

ACTION: Comment request.

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

SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995, 44 U.S.C. 3507(a)(1)(D), the Federal Energy Regulatory
Commission (Commission or FERC) is submitting the information
collection FERC-716, Self Certification for Entities Seeking Exempt
Wholesale Generator or Foreign Utility Company Status, to the Office of
Management and Budget (OMB) for review of the information collection
requirements. Any interested person may file comments directly with OMB
and should address a copy of those comments to the Commission as
explained below. The Commission issued a Notice in the Federal Register
(77 FR 98, 1/3/2012) requesting public comments. FERC received no
comments on the FERC-716 and is making this notation in its submittal
to OMB.

DATES: Comments on the collection of information are due by April 19,
2012.

ADDRESSES: Comments filed with OMB, identified by the OMB Control No.
1902-0170, should be sent via email to the Office of Information and
Regulatory Affairs<EMAIL_ADDRESS>Attention: Federal Energy
Regulatory Commission Desk Officer. The Desk Officer may also be
reached via telephone at<PHONE_NUMBER>.
    A copy of the comments should also be sent to the Federal Energy
Regulatory Commission, identified by the Docket No. IC12-4-000, by
either of the following methods:
     eFiling at Commission's Web Site: http://www.ferc.gov/docs-filing/efiling.asp.
     Mail/Hand Delivery/Courier: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street, NE.,
Washington, DC 20426.
    Instructions: All submissions must be formatted and filed in
accordance with submission guidelines at: http://www.ferc.gov/help/submission-guide.asp. For user assistance contact FERC Online Support
by email at<EMAIL_ADDRESS>or by phone at:<PHONE_NUMBER>
(toll-free), or<PHONE_NUMBER> for TTY.
    Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading comments and
issuances in this docket may do so at http://www.ferc.gov/docs-filing/docs-filing.asp.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at
<EMAIL_ADDRESS>by telephone at<PHONE_NUMBER>, and by fax at
(202) 273-0873.

SUPPLEMENTARY INFORMATION:
    Title: FERC-716, Good Faith Request for Transmission Service and
Response by Transmitting Utility Under Sections 211(a) and 213(a) of
the Federal Power Act.
    OMB Control No.: 1902-0170.
    Type of Request: Three-year extension of the FERC-716 information
collection requirements with no changes to the reporting requirements.
    Abstract: The Commission uses the information collected under the
requirements of FERC-716 to

implement the statutory provisions of sections 211 and 213 of the
Federal Power Act (FPA) as amended and added by the Energy Policy Act
of 1992. FERC-716 also includes the requirement to file a section 211
request if the negotiations between the transmission requestor and the
transmitting utility are unsuccessful. For the initial process, the
information is not filed with the Commission. However, the request and
response may be analyzed as a part of a section 211 action. The
Commission may order transmission services under the authority of FPA
211.
    The Commission's regulations in the Code of Federal Regulations
(CFR), 18 CFR 2.20, provide standards by which the Commission
determines if and when a valid good faith request for transmission has
been made under section 211 of the FPA. By developing the standards,
the Commission sought to encourage an open exchange of data with a
reasonable degree of specificity and completeness between the party
requesting transmission services and the transmitting utility. As a
result, 18 CFR 2.20 identifies 12 components of a good faith estimate
and 5 components of a reply to a good faith request.
    Type of Respondents: Transmission Requestors and Transmitting
Utilities.
    Estimate of Annual Burden: \1\ The Commission estimates the total
Public Reporting Burden for this information collection as:
---------------------------------------------------------------------------

    \1\ Burden is defined as 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. For
further explanation of what is included in the information
collection burden, reference 5 Code of Federal Regulations 1320.3.

  FERC-716 (IC12-4-000): Good Faith Request for Transmission Service and Response by Transmitting Utility Under
                               Sections 211(a) and 213(a) of the Federal Power Act
----------------------------------------------------------------------------------------------------------------
                                                     Number of     Total number       Average        Estimated
                                     Number of     responses per   of responses    burden hours    total annual
                                    respondents     respondent      (A) x (B) =    per response    burden  (C) x
                                        (A)             (B)             (C)             (D)             (D)
----------------------------------------------------------------------------------------------------------------
Information exchange between                   3               1               3             100             300
 parties........................
Application submitted to FERC if               3               1               3             2.5           \2\ 8
 parties' negotiations are
 unsuccessful...................
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............             308
----------------------------------------------------------------------------------------------------------------

    The  total estimated annual cost burden to respondents is $21,082
[308 hours / 2080 \3\ hours/year = 0.14807 years * $142,372 \4\ =
$21,082].
---------------------------------------------------------------------------

    \2\ Actual figure (7.5) rounded to 8.
    \3\ 2080 hours = 40 hours/week * 52 weeks (1 year).
    \4\ Average annual salary per employee in 2011.
---------------------------------------------------------------------------

    Comments: Comments are invited on: (1) Whether the collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information will have practical
utility; (2) the accuracy of the agency's estimate of the burden and
cost of the collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information collection; and (4) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of automated collection techniques or
other forms of information technology.

    Dated: March 14, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-6645 Filed 3-19-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: November 25, 2009 (Volume 74, Number 226)]
[Notices]
[Page 61734]
[DOCID:fr25no09-120]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Opportunity for Public Comment on Surplus Property
Release at Kinston Regional Jetport, Kinston, NC

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice.

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

SUMMARY: Under the provisions of Title 49, U.S.C. 47153(d), notice is
being given that the FAA is considering a request from the North
Carolina Global TransPark Authority to waive the requirement that a
9.683 acre parcel of surplus property, located at the Kinston Regional
Jetport, be used for aeronautical purposes.

DATES: Comments must be received on or before December 28, 2009.

ADDRESSES: Comments on this notice may be mailed or delivered in
triplicate to the FAA at the following address: Atlanta Airports
District Office, 1701 Columbia Ave., Campus Building, Suite 2-260,
College Park, GA 30337.
    In addition, one copy of any comments submitted to the FAA must be
mailed or delivered to Ms. Darlene A. Waddell, Executive Director at
the following address: 2780 Jetport Road, Suite A, Kinston, NC 28504.

FOR FURTHER INFORMATION CONTACT: Rusty Nealis, Program Manager, Atlanta
Airports District Office, 1701 Columbia Ave., Campus Bldg., Suite 2-
260, College Park, GA 30337,<PHONE_NUMBER>. The application may be
reviewed in person at this same location.

SUPPLEMENTARY INFORMATION: The FAA is reviewing a request by the North
Carolina Global TransPark Authority to release 9.683 acres of surplus
property at the Kinston Regional Jetport. The surplus property will be
developed for industrial and commercial use.
    Any person may inspect the request in person at the FAA office
listed above under FOR FURTHER INFORMATION CONTACT.
    In addition, any person may, upon request, inspect the request,
notice and other documents germane to the request in person at 2780
Jetport Road, Suite A, Kinston, NC 28504.

    Issued in Atlanta, Georgia on November 16, 2009.
Scott L. Seritt,
Manager, Atlanta Airports District Office, Southern Region.
[FR Doc. E9-28208 Filed 11-24-09; 8:45 am]

BILLING CODE 4910-13-M


[Federal Register: October 16, 2009 (Volume 74, Number 199)]
[Notices]
[Page 53315]
[DOCID:fr16oc09-153]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent To Request Revision From the Office of
Management and Budget of a Currently Approved Information Collection
Activity, Request for Comments; Application for Employment With the
Federal Aviation Administration

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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

SUMMARY: The FAA invites public comments about our intention to request
the Office of Management and Budget (OMB) to approve a current
information collection. This collection is necessary for gathering data
concerning potential new hires for the FAA.

DATES: Please submit comments by December 15, 2009.

FOR FURTHER INFORMATION CONTACT: Carla Mauney on<PHONE_NUMBER>, or by
e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Federal Aviation Administration (FAA)

    Title: Application for Employment with the Federal Aviation
Administration.
    Type of Request: Extension without change of an approved
collection.
    OMB Control Number: 2120-0597.
    Form(s): 3330-42, 3330-52, OF 304, 3330-43-1. AF-SRG-005, AF-SRG-
002, 3330-43, AF SRG-001, OPM 1635, 54972, AC-3300-70, 3330-473, AF-
SRG-007, 3330-71, ASG-MFG-001, OF 612, SF 15, AF-SRG-004, OPM-1170, AF-
SRG-003, AF-SRG-006, AF 3330.1A. 52569, FTP 001. 2105-0557.
    Affected Public: A total of 81,526 Respondents.
    Frequency: The information is collected on occasion.
    Estimated Average Burden per Response: Approximately 1.5 hours per
response.
    Estimated Annual Burden Hours: An estimated 123,000 hours annually.
    Abstract: This collection of information is necessary for gathering
data concerning potential new hires for the FAA. The information will
be used to evaluate the qualifications of applicants for a variety of
positions. Without this information there would be no reliable means to
accurately evaluate applicants' skills, knowledge, and abilities to
perform the duties of these positions.

ADDRESSES: Send comments to the FAA at the following address: Ms. Carla
Mauney, Room 712, Federal Aviation Administration, IT Enterprises
Business Services Division, AES-200, 800 Independence Ave., SW.,
Washington, DC 20591.
    Comments are invited on: Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Department, including whether the information will have practical
utility; the accuracy of the Department's estimates of the burden of
the proposed information collection; ways to enhance the quality,
utility and clarity of the information to be collected; and ways to
minimize the burden of the collection of information on respondents,
including the use of automated collection techniques or other forms of
information technology.

    Issued in Washington, DC, on October 8, 2009.
Carla Mauney,
FAA Information Collection Clearance Officer, IT Enterprises Business
Services Division, AES-200.
[FR Doc. E9-24762 Filed 10-15-09; 8:45 am]

BILLING CODE 4910-13-M


[Federal Register: April 10, 2009 (Volume 74, Number 68)]
[Notices]
[Page 16384-16385]
[DOCID:fr10ap09-57]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13378-000]

Sonoma County Water Agency; Notice of Preliminary Permit
Application Accepted for Filing and Soliciting Comments, Motions To
Intervene, and Competing Applications

April 3, 2009.
    On February 23, 2009, Sonoma County Water Agency filed an
application for a preliminary permit, pursuant to section 4(f) of the
Federal Power Act, proposing to study the feasibility of the Sonoma
Coast Hydrokinetic Energy Project Fort Ross (North) to be located on
the Pacific Ocean off the coast of Sonoma County, California. The
project uses no dam or impoundment. The sole purpose of a preliminary
permit, if issued, is to grant the permit holder priority to file a
license application during the permit term. A preliminary permit does
not authorize the permit holder to perform any land disturbing
activities or otherwise enter upon lands or waters owned by others
without the owners' express permission.
    The proposed project would consist of: (1) Approximately 5 to 10
oscillating water column devices and/or buoy-type wave energy
conversion devices with an estimated total power output of 2 to 5
megawatts (MW); (2) a potential expansion of the proposed project or
additional projects up to 40 to 200 MW; (3) one or more proposed
submersible armored submarine cables, including a 12-kilovolt
transmission line approximately 5 miles in length; (4) a potential sub-
station and 1-mile-long transmission line, if the proposed project is
expanded; and (5) appurtenant facilities. The project is estimated to
have an annual generation of 20 gigawatt-hours, which would be sold to
a local utility or used by the Sonoma County Water Agency to offset its
own load.

    Applicant Contact: Sonoma County Water Agency, Mr. Randy D. Poole,
General Manager/Chief Engineer, 404 Aviation Boulevard, Santa Rosa,
California 95403, phone:<PHONE_NUMBER>.
    FERC Contact: Aaron Liberty<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Comments, motions to intervene, notices of intent, and competing
applications may be filed electronically via the Internet. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. If unable to be filed electronically,
documents may be paper-filed. To paper-file, an original and eight
copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426. For
more information on how to submit these types of filings, please go to
the Commission's Web site located at http://www.ferc.gov/filing-
comments.asp. More information about this project can be viewed or
printed on the ``eLibrary'' link of Commission's Web site at http://
www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number (P-
13378) in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3372.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-8161 Filed 4-9-09; 8:45 am]


[Federal Register: May 2, 2007 (Volume 72, Number 84)]
[Notices]
[Page 24295-24297]
[DOCID:fr02my07-56]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2007-0350; FRL-8125-9]

Chloropicrin Revised Risk Assessments; Notice of Availability and
Solicitation of Risk Reduction Options

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces the availability of EPA's revised risk
assessments for the pesticide chloropicrin. In addition, this notice
solicits public comment on risk reduction options paper for
chloropicrin

and a preliminary benefits assessment. The public is encouraged to
suggest risk management ideas or proposals to address the risks
identified. EPA is developing a Reregistration Eligibility Decision
(RED) for chloropicrin through the full, 6-Phase public participation
process that the Agency uses to involve the public in developing
pesticide reregistration and tolerance reassessment decisions. EPA is
also concurrently assessing the risks of five other soil fumigant
pesticides to ensure that its assessment approaches are consistent and
to ensure that risk tradeoffs and economic outcomes can be adequately
predicted in reaching management decisions. The Agency is seeking the
same input for the other soil fumigants on a similar schedule. Through
these programs, EPA is ensuring that all pesticides meet current health
and safety standards.

DATES: Comments must be received on or before July 2, 2007.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2007-0350, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2007-0350. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The Federal regulations.gov website is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
regulations.gov, your e-mail address will be automatically captured and
included as part of the comment that is placed in the docket and made
available on the Internet. If you submit an electronic comment, EPA
recommends that you include your name and other contact information in
the body of your comment and with any disk or CD-ROM you submit. If EPA
cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index
available in regulations.gov. To access the electronic docket, go to
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket

Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov web
site to view the docket index or access available documents. Although
listed in the index, some information is not publicly available, e.g.,
CBI or other information whose disclosure is restricted by statute.
Certain other material, such as copyrighted material, is not placed on
the Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available either in the
electronic docket at http://www.regulations.gov, or, if only available

in hard copy, at the OPP Regulatory Public Docket in Rm. S-4400, One
Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The
hours of operation of this Docket Facility are from 8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays. The Docket
telephone number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Nathan Mottl, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

     1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
     ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Background

A. What Action is the Agency Taking?

    EPA is making available the Agency's revised risk assessments,
previously issued for comment through a Federal Register notice
published on November 29, 2006 (Vol. 71 FR 69112) (FRL-8087-4 );
response to comments documents; and related documents for chloropicrin.
EPA is also soliciting public comment on a risk reduction options paper
for chloropicrin and preliminary benefits assessments. EPA developed
the risk assessments for chloropicrin as part of its public process for
making pesticide reregistration eligibility and tolerance reassessment
decisions. Through these programs, EPA is ensuring that pesticides meet
current standards under the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) and the Federal Food, Drug, and Cosmetic Act
(FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA).
    Chloropicrin is a non-selective pre-plant soil fumigant with
fungicidal, herbicidal, insecticidal, and nematicidal properties.
Chloropicrin is also used in combination with other soil fumigants and
as a warning agent for other soil fumigants such as methyl bromide and
telone (1,3-Dichloropropane). Chloropicrin is primarily used for pre-
plant soil uses for agricultural crops and greenhouses. However,
chloropicrin is also used for fumigations for empty grain and storage
bins, tree replant sites, and wood telephone poles and timber. An
estimated 5-9 million pounds of chloropicrin is applied annually. Crops
for which over a million pounds of chloropicrin are used annually
include tobacco (3.6 million pounds), tomatoes (1.7 million pounds),
and strawberries (1.4 million pounds). Strawberries (20 percent),
tobacco (15 percent), and tomatoes (10 percent) are the crops with the
highest percentage of their overall acreage treated. Many of the pre-
plant soil fumigation uses of chloropicrin are used in combination with
either methyl bromide or telone.
    EPA is providing an opportunity, through this notice, for
interested parties to provide risk management proposals or otherwise
comment on risk management for chloropicrin. Risks of concern
associated with the use of chloropicrin are: bystander inhalation
exposure risk, worker inhalation risk, and ecological risk. Bystanders
would include any person living, working, or located near a fumigant
application that may be exposed to emissions coming off the treated
field. A complete list of the risks and the mitigation options can be
found in the Risk Mitigation Options Document (available at ID number
EPA-HQ-OPP-2007-0350-0003). A Readers Guide has been created to provide
and organizational structure to the chloropicrin docket, to allow
readers to more easily access and navigate the various entries
contained in the chloropicrin docket, and to facilitate public comment.
You may find this guide at ID number EPA-HQ-OPP-2007-0350-0002. In
targeting these risks of concern, the Agency solicits information on
effective and practical risk reduction measures.
    EPA is applying the principles of public participation to all
pesticides undergoing reregistration and tolerance reassessment. The
Agency's Pesticide Tolerance Reassessment and Reregistration; Public
Participation Process, published in the Federal Register on May 14,
2004, (69 FR 26819) (FRL-7357-9) explains that in conducting these
programs, EPA is tailoring its public participation process to be
commensurate with the level of risk, extent of use, complexity of
issues, and degree of public concern associated with each pesticide.
Due to its uses, risks, and other factors, chloropicrin is being
reviewed through the full 6-Phase public participation process.
    All comments should be submitted using the methods in ADDRESSES,
and must be received by EPA on or before the closing date. Comments and
proposals will become part of the Agency Docket for chloropicrin.
Comments received after the close of the comment period will be marked
``late'' EPA is not required to consider these late comments.
    After considering comments received, EPA will develop and issue for
comment the chloropicrin RED.

B. What is the Agency's Authority for Taking this Action?

    Section 4(g)(2) of FIFRA as amended directs that, after submission
of all data concerning a pesticide active ingredient, ``the
Administrator shall determine whether pesticides containing such active
ingredient are eligible for reregistration,'' before calling in product
specific data on individual end-use products and either reregistering
products or taking other ``appropriate regulatory action.''

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: April 22, 2007.
Peter Caulkins,
Acting Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E7-8371 Filed 5-1-07; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 86, Number 221 (Friday, November 19, 2021)]
[Notices]
[Pages 64978-64979]
[FR Doc No: 2021-25227]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-93575; File No. SR-NYSEArca-2021-28]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of
Designation of a Longer Period for Commission Action on Proceedings To
Determine Whether To Approve or Disapprove a Proposed Rule Change, as
Modified by Amendment No. 1, To List and Trade Shares of
ConvexityShares Daily 1.5x SPIKES Futures ETF Under NYSE Arca Rule
8.200-E (Trust Issued Receipts)

November 15, 2021.
    On May 13, 2021, NYSE Arca, Inc. (``Exchange'') filed with the
Securities and Exchange Commission (``Commission''), pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\
and Rule 19b-4 thereunder,\2\ a proposed rule change to list and trade
shares of the ConvexityShares Daily 1.5x SPIKES Futures ETF, a series
of the ConvexityShares Trust, under NYSE Arca Rule 8.200-E, Commentary
.02 (``Trust Issued Receipts''). The proposed rule change was published
for comment in the Federal Register on May 26, 2021.\3\ On July 2,
2021, pursuant to Section 19(b)(2) of the Act,\4\ the Commission
designated a longer period within which to approve the proposed rule
change, disapprove the proposed rule change, or institute proceedings
to determine whether to approve or disapprove the proposed rule
change.\5\ On July 26, 2021, the Exchange filed Amendment No. 1 to the
proposed rule change, which replaced and superseded the proposed rule
change as originally filed.\6\ On August 12, 2021, the Commission
noticed filing of Amendment No. 1 and instituted proceedings pursuant
to Section 19(b)(2)(B) of the Act \7\ to determine whether to approve
or disapprove the proposed rule change.\8\ The Commission has received
no comment letters on the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 91949 (May 20,
2021), 86 FR 28420.
    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 92320, 86 FR 36309
(July 9, 2021).
    \6\ Amendment No. 1 is available at: https://www.sec.gov/comments/sr-nysearca-2021-28/srnysearca202128-9090695-246773.pdf.
    \7\ 15 U.S.C. 78s(b)(2)(B).
    \8\ See Securities Exchange Act Release No. 92651, 86 FR 46292
(August 18, 2021).
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \9\ provides that, after initiating
disapproval proceedings, the Commission shall issue an order approving
or disapproving the proposed rule change not later than 180 days after
the date of publication of notice of filing of the proposed rule
change. The Commission may extend the period for issuing an order
approving or disapproving the proposed rule change, however, by not
more than 60 days if the Commission determines that a longer period is
appropriate and publishes the reasons for such determination. The
proposed rule change was published for notice and comment in the
Federal Register on May 26, 2021. November 22, 2021 is 180 days from
that date, and January 21, 2022 is 240 days from that date.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission finds it appropriate to designate a longer period
within which to issue an order approving or disapproving the proposed
rule change so that it has sufficient time to consider the proposed
rule change. Accordingly, the Commission, pursuant to Section 19(b)(2)
of the Act,\10\ designates January 21, 2022 as the date by which the
Commission shall either approve or disapprove the proposed rule change,
as modified by Amendment No. 1 (File No. SR-NYSEArca-2021-28).
---------------------------------------------------------------------------

    \10\ Id.

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

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(57).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-25227 Filed 11-18-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: March 30, 2007 (Volume 72, Number 61)]
[Notices]
[Page 15133-15134]
[DOCID:fr30mr07-71]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

March 26, 2007.
    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC07-70-000.
    Applicants: Calcasieu Power, LLC; Entergy Gulf States, Inc.
    Description: Calcasieu Power, LLC and Entergy Gulf States, Inc.
submit a Joint application for order authorizing the acquisition and
disposition of jurisdictional assets under section 203 of the FPA.
    Filed Date: 03/15/2007.
    Accession Number: 20070326-0041.
    Comment Date: 5 p.m. Eastern Time on Monday, April 30, 2007.

    Docket Numbers: EC07-72-000.
    Applicants: Brookfield Asset Management Inc.; Horizon Acquisition
Co; Longview Fibre Company.
    Description: Brookfield Asset Management, Inc. et al. submit an
application for authorization under Section 203(a)(2) of the Federal
Act.
    Filed Date: 03/22/2007.
    Accession Number: 20070323-0183
    Comment Date: 5 p.m. Eastern Time on Thursday, April 12, 2007.
    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG07-43-000.
    Applicants: Sleeping Bear, LLC.
    Description: Sleeping Bear, LLC submits its notice of self-
certification for a qualifying facility.
    Filed Date: 03/22/2007.
    Accession Number: 20070322-5021.
    Comment Date: 5 p.m. Eastern Time on Thursday, April 12, 2007.
    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER06-615-006.
    Applicants: California Independent System Operator Corporation.
    Description: California Independent System Operator Corp submits
its Ancillary Service Sub-Regions, and Reliability Must-Run resources &
market resources in compliance with FERC's 9/21/06 Order.
    Filed Date: 03/20/2007.
    Accession Number: 20070323-0181.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 10, 2007.

    Docket Numbers: ER06-1474-003.
    Applicants: PJM Interconnection LLC.
    Description: PJM Interconnection, LLC submits a compliance filing
providing additional information and amendments to the Amended and
Restated Operating Agreement.
    Filed Date: 03/21/2007.
    Accession Number: 20070323-0186.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 11, 2007.

    Docket Numbers: ER07-95-003.
    Applicants: Michigan Electric Transmission Company, LLC; Midwest
Independent Transmission System, Inc.
    Description: Michigan Electric Transmission Company, LLC et al.
submit revised tariff sheets, Substitute Original Sheet 1365Z.16A et
al. to FERC Electric Tariff, Third Revised Vol 1, compliance with
Commission's 2/21/07 Order.
    Filed Date: 03/23/2007.
    Accession Number: 20070326-0017.
    Comment Date: 5 p.m. Eastern Time on Friday, April 13, 2007.

    Docket Numbers: ER07-318-001.
    Applicants: National Grid.
    Description: Niagara Mohawk Power Corp dba National Grid submits an
amendment to its 12/13/06 filing of an Original Service Agreement with
New Athens Generating Co, LLC.
    Filed Date: 03/21/2007.
    Accession Number: 20070323-0182.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 11, 2007.

    Docket Numbers: ER07-365-001.
    Applicants: ISO New England Inc.; New England Power Pool
Participants Committee.
    Description: ISO New England and the New England Power Pool
Participants Committee submit a joint compliance filing re revisions to
Market Rule 1 relating to the Methodology for Calculating Installed
Capacity Requirements.
    Filed Date: 03/20/2007.
    Accession Number: 20070323-0180.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 10, 2007.

    Docket Numbers: ER07-482-001.
    Applicants: Xcel Energy Services Inc.
    Description: Xcel Energy Services Inc, agent for Northern States
Power Co et al. submits an errata to its 1/30/07 filing.
    Filed Date: 03/21/2007.
    Accession Number: 20070323-0185.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 11, 2007.

    Docket Numbers: ER07-636-000; ER07-637-000.
    Applicants: Calcasieu Power, LLC; Entergy Gulf States, Inc.
    Description: Calcasieu Power, LLC submits a notice of termination
of rate schedule and Tariff.
    Filed Date: 03/15/2007.
    Accession Number: 20070326-0041.
    Comment Date: 5 p.m. Eastern Time on Thursday, April 05, 2007.

    Docket Numbers: ER07-643-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc submits eight executed Meter
Agent Services Agreements with American Electric Power and various
participants.
    Filed Date: 03/21/2007.
    Accession Number: 20070323-0179.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 11, 2007.

    Docket Numbers: ER07-644-000.
    Applicants: New York Independent System Operator, Inc.
    Description: New York Independent System Operator, Inc submits
proposed revisions to its Market Administration and Control Area
Services Tariff.
    Filed Date: 03/21/2007.
    Accession Number: 20070323-0184.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 11, 2007.

    Docket Numbers: ER07-645-000.
    Applicants: Sleeping Bear, LLC.
    Description: Sleeping Bear LLC submits a petition for order
accepting market-based rate tariff for filing and granting waivers and
blanket approvals.
    Filed Date: 03/22/2007.
    Accession Number: 20070326-0018.
    Comment Date: 5 p.m. Eastern Time on Thursday, April 12, 2007.

    Docket Numbers: ER07-646-000.
    Applicants: Arizona Public Service Company.
    Description: Arizona Public Service Company submits an executed
transmission Interconnection Agreement with Southwest Transmission
Cooperative, Inc.
    Filed Date: 03/23/2007.
    Accession Number: 20070326-0015.
    Comment Date: 5 p.m. Eastern Time on Friday, April 13, 2007.

    Docket Numbers: ER07-647-000.
    Applicants: PJM Interconnection, LLC.
    Description: PJM Interconnection, LLC submits an executed
construction service agreement with Camp Grove Wind Farm, LLC and
Commonwealth Edison Co.
    Filed Date: 03/22/2007.
    Accession Number: 20070326-0020.
    Comment Date: 5 p.m. Eastern Time on Thursday, April 12, 2007.

    Docket Numbers: ER07-648-000.
    Applicants: California Independent System Operator Corporation.

    Description: California Independent System Operator Corporation
submits a proposed amendment to Section <IP_ADDRESS> of the ISO tariff.
    Filed Date: 03/22/2007.
    Accession Number: 20070326-0019.
    Comment Date: 5 p.m. Eastern Time on Thursday, April 12, 2007.
    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. 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. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov.
 To facilitate electronic service, persons with Internet

access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St, NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also 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 dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Philis J. Posey,
Acting Secretary.
[FR Doc. E7-5888 Filed 3-29-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 75, Number 220 (Tuesday, November 16, 2010)]
[Notices]
[Pages 70071-70074]
[FR Doc No: 2010-28732]

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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2010-0154]

Terrafugia, Inc.; Receipt of Application for Temporary Exemption
From Requirements for Tire Selection and Rims for Motor Vehicles FMVSS
No. 110, Electronic Stability Control Systems FMVSS No. 126, Glazing
Materials FMVSS No. 205, and Occupant Crash Protection FMVSS No. 208

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Notice of receipt of petition for temporary exemption and
request for comments.

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

SUMMARY: In accordance with the procedures in 49 CFR Part 555,
Terrafugia, Inc. (``Terrafugia''), has petitioned the agency for a
temporary exemption from certain FMVSS requirements for the
Transition[reg], a Light Sport Aircraft that has road-going capability.
Terrafugia seeks exemption from the FMVSS requirements for tire
selection and rims for motor vehicles (FMVSS No. 110), electronic
stability control systems (FMVSS No. 126), glazing materials (FMVSS No.
205), and occupant crash protection, specifically advanced air bags
(FMVSS No. 208). The basis for the application is that compliance would
cause substantial economic hardship to a manufacturer that has tried in
good faith to comply with the standard.
    NHTSA is publishing this notice of receipt of an application for
temporary exemption and providing an opportunity to comment in
accordance with the requirements of 49 U.S.C. Sec.  30113(b)(2). NHTSA
has not made any judgment on the merits of the application.

DATES: You should submit your comments not later than December 16,
2010.

FOR FURTHER INFORMATION CONTACT: William Shakely, Office of the Chief
Counsel, NCC-112, National Highway Traffic Safety Administration, 1200
New Jersey Avenue, SE., West Building 4th Floor, Room W41-318,
Washington, DC 20590. Telephone:<PHONE_NUMBER>; Fax:<PHONE_NUMBER>.

COMMENTS: We invite you to submit comments on the application described
above. You may submit comments identified by docket number at the
heading of this notice by any of the following methods:
     Online: Go to http://www.regulations.gov. Follow the
instructions for submitting comments on the electronic docket site by
clicking on ``Help'' or ``FAQs.''
     Fax: 1-202-493-2251.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
     Hand Delivery: 1200 New Jersey Avenue, SE., West Building
Ground Floor, Room W12-140, Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    Instructions: All submissions must include the agency name and
docket number. Note that all comments received will be posted without
change to http://www.regulations.gov, including any personal
information provided. Please see the Privacy Act discussion below. We
will consider all comments received before the close of business on the
comment closing date indicated above. To the extent possible, we will
also consider comments filed after the closing date.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov at any time or to
1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. Telephone:<PHONE_NUMBER>.
    Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78) or you may visit http://www.dot.gov/privacy.html.
    Confidential Business Information: If you wish to submit any
information under a claim of confidentiality, you should submit three
copies of your complete submission, including the information you claim
to be confidential business information, to the Chief Counsel, NHTSA,
at the address given under FOR FURTHER INFORMATION CONTACT. In
addition, you should submit two copies, from which you have deleted the
claimed confidential business information, to Docket Operations at the
address given above. When you send a comment containing information
claimed to be confidential business information, you should include a
cover letter setting forth the information specified in our
confidential business information regulation (49 CFR Part 512).

SUPPLEMENTARY INFORMATION:

I. Overview of Terrafugia, Inc. and Its Petition for an Economic
Hardship Exemption

    In accordance with 49 U.S.C. 30113 and the procedures in 49 CFR
Part 555, Terrafugia has petitioned (dated July 20, 2010) the agency
for a temporary exemption from certain FMVSS requirements for the
Transition[supreg], a Light Sport Aircraft that has road-going
capability. Terrafugia seeks an exemption from requirements for tire
selection and rims for motor vehicles (FMVSS No. 110), electronic
stability control systems (FMVSS No. 126), glazing materials (FMVSS No.
205), and advanced air bags (FMVSS No. 208). The basis for the
application is that compliance would cause substantial economic
hardship to the manufacturer who has tried in good faith to comply with
the standard. Terrafugia has requested a three-year hardship exemption.
A copy of the petition is available for review and has been placed in
the docket of this notice.\1\
---------------------------------------------------------------------------

    \1\ To view the petition, go to http://www.regulations.gov and
enter the docket number set forth in the heading of this document.
The company requested confidential treatment under 49 CFR Part 512
for certain business and financial information submitted as part of
its petition for temporary exemption. Accordingly, the information
placed in the docket does not contain such information that the
agency has determined to be confidential.
---------------------------------------------------------------------------

    According to the petition, Terrafugia is a small, privately held
company that was incorporated in the state of Delaware in 2006, and
maintains headquarters in Woburn, Massachusetts. Terrafugia states that
the company employs ten full-time employees. The company identifies
itself as a Massachusetts Institute of Technology (MIT) spin-off
company, but states that it does not have access to MIT's financial
resources. The company also states that it is not affiliated with any
other aircraft or automobile manufacturer.
    Terrafugia has designed and built the first prototype of the
Transition[supreg], which it describes as a ``Roadable Aircraft.''
Terrafugia characterizes the Transition[supreg] as a Light Sport
Aircraft (LSA), as defined by the Federal Aviation Administration
(FAA), and states that the road-going capability in the aircraft will
``provide a significant increase in operational functionality and
safety for the General Aviation pilot community by allowing pilots to
safely continue their travel plans in the event of inclement weather.''
\2\
---------------------------------------------------------------------------

    \2\ See Terrafugia Petition, p. 3.
---------------------------------------------------------------------------

    To date, Terrafugia has not produced any vehicles for sale, but
intends to begin delivery of the Transition[supreg] in 2011 and
anticipates producing 200 aircraft during the three-year requested
exemption period. Terrafugia states that it expects to remain a low-
volume manufacturer for the foreseeable future, continuing to market
the Transition[supreg] as an aircraft with road-going capability, not
as a ``flying car.'' Thus, the primary market for the
Transition[supreg] will be U.S. pilots.
    The agency has not made any judgment on the eligibility of the
petitioner or the merits of the application, and is placing a non-
confidential copy of the petition in the docket. In accordance with 49
U.S.C. 30113(b)(2), NHTSA invites comments on the subject petition as
discussed in the ``COMMENTS'' section of this notice. After considering
public comments and other available information, the agency will
publish a notice of final action on the application in the Federal
Register.\3\
---------------------------------------------------------------------------

    \3\ 49 U.S.C. 30113(g).
---------------------------------------------------------------------------

II. Statutory Basis for Requested Part 555 Exemption

    The National Traffic and Motor Vehicle Safety Act, as amended,
codified as 49 U.S.C. Chapter 301, provides the Secretary of
Transportation authority to exempt, on a temporary basis and under
specified circumstances, motor vehicles from a motor vehicle safety
standard or bumper standard. This authority is set forth at 49 U.S.C.
30113. The Secretary has delegated the authority for this section to
NHTSA.\4\
---------------------------------------------------------------------------

    \4\ 49 CFR 1.50.
---------------------------------------------------------------------------

    NHTSA established part 555, Temporary Exemption from Motor Vehicle
Safety and Bumper Standards, to implement the statutory provisions
concerning temporary exemptions. Vehicle manufacturers may apply for
temporary exemptions on several bases, one of which is that compliance
would cause substantial economic hardship to a manufacturer that has
tried in good faith to comply with the standard.
    A petitioner must provide specified information in submitting a
petition for exemption.\5\ Foremost among these requirements are that
the petitioner must set forth the basis of the application under Sec.
555.6, and the reasons why the exemption would be in the public
interest and, as applicable, consistent with the objectives of 49
U.S.C. Chapter 301.
---------------------------------------------------------------------------

    \5\ 49 CFR 555.5.
---------------------------------------------------------------------------

    A manufacturer is eligible to apply for a hardship exemption if its
total motor vehicle production in its most recent year of production
did not exceed 10,000 vehicles, as determined by the NHTSA
Administrator.\6\ In determining whether a manufacturer of a vehicle
meets that criterion, NHTSA considers whether a second vehicle
manufacturer also might be deemed the manufacturer of that vehicle.
---------------------------------------------------------------------------

    \6\ 49 U.S.C. 30113(d).
---------------------------------------------------------------------------

    Finally, while 49 U.S.C. 30113(b) states that exemptions from a
Federal motor vehicle safety standard prescribed under Chapter 301 are
to be granted on a ``temporary basis,'' the statute also expressly
provides for renewal of an exemption on reapplication.\7\ Manufacturers
are nevertheless cautioned that the agency's decision to grant an
initial petition in no way predetermines that the agency will
repeatedly grant renewal petitions. Exempted manufacturers seeking
renewal must bear in mind that the agency is directed to consider
financial hardship as but one factor, along with the manufacturer's on-
going good faith efforts to comply with the regulation and the public
interest among other factors provided in the statute.
---------------------------------------------------------------------------

    \7\ 49 U.S.C. 30113(b)(1).
---------------------------------------------------------------------------

III. Terrafugia's Petition for an Economic Hardship Exemption

    Terrafugia's basis for the petition is that requiring compliance
with the stated provisions ``would cause substantial economic hardship
to a manufacturer that has tried to comply with the standard in good
faith.'' 49 U.S.C. 30113(b)(3)(B)(i). Terrafugia requests that the
exemption period begin with the first delivery of the
Transition[supreg] on or near December 2011 and extend for a period of
three years. This section broadly discusses Terrafugia's statements of
economic hardship and public interest. Please refer to the petition in
the docket for more details.

A. Terrafugia's Statement of Economic Hardship

    Terrafugia states that the denial of the requested exemption will
result in substantial economic hardship. The Transition's[supreg] dual-
purpose as an aircraft and ground vehicle has necessitated the
application of both FAA regulations for LSA and the FMVSS established
by NHTSA and applicable to manufacturers of new motor vehicles and
motor vehicle equipment. Terrafugia contends that ``it is not always
possible to completely merge the two regulations without compromising
safety, incurring prohibitive costs, and/or reducing core
functionality.'' \8\ For example, in order to comply with the maximum
weight requirement of the

FAA for LSA,\9\ Terrafugia calculates that for each pound of weight
that can be removed from the aircraft to accommodate additional
equipment in conformity with FMVSS, it costs $14,500 per pound \10\ in
development costs and adds $4,200 \11\ to the cost of the aircraft.\12\
Terrafugia estimates that the denial of this petition for exemption
would double the price point of the Transition[supreg], significantly
lowering the demand for the vehicle and, likely, forcing the company to
abandon LSA certification and the development of the
Transition[supreg].
---------------------------------------------------------------------------

    \8\ Terrafugia Petition, p. 3.
    \9\ Terrafugia obtained a partial grant of exemption from the
FAA (FAA Docket No. FAA-2009-1087), allowing the Transition[supreg]
to have a maximum takeoff weight (MTOW) of 1,430 pounds (650 kg)
instead of the general MTOW requirement of 1,320 pounds (600 kg).
    \10\ Terrafugia explains that this is based on the experience of
removing weight between the Proof of Concept vehicle to the
prototype and the fact that as more and more weight must be removed,
it becomes increasingly more difficult to do so.
    \11\ Terrafugia explains that this figure is based on identified
cost vs. weight trade-offs, such as material replacement, and a
minimal margin.
    \12\ Terrafugia notes that there is a physical limitation as to
how much weight can be removed from the vehicle, at any cost, before
it is no longer capable of safely performing its function. The
dollar values provided by Terrafugia are applicable until that limit
is reached, past which very little can be done at any price and the
product is no longer viable.
---------------------------------------------------------------------------

    Terrafugia states that a grant of the requested exemptions would
allow the company to continue with LSA certification for the
Transition[supreg] while pursuing lightweight compliance solutions and
researching additional ways of reducing the weight of non-safety
critical systems for the aircraft.

B. Terrafugia's Statement of Public Interest

    Terrafugia asserts that the requested exemptions are in the public
interest because the Transition[supreg] will increase the safety of
flight for General Aviation (GA) \13\ in the United States, contribute
to the advancement of technology for light aircraft and light-weight,
fuel efficient automobiles, and improve the environment and economy.
---------------------------------------------------------------------------

    \13\ Terrafugia explains that General Aviation is the segment of
the air transportation industry characterized by flight outside of
the commercial airline system and military operations.
---------------------------------------------------------------------------

    According to Terrafugia's petition, one of the most significant
causes of GA accidents and fatalities is weather, and a leading cause
of weather-related accidents is when pilots flying primarily on visual
references find themselves in a situation where those references are
compromised, get disoriented, and enter an unrecoverable situation that
results in an often fatal accident.\14\ According to Terrafugia, the
Transition[supreg] offers a new alternative to pilots, which allows
them to divert to the nearest airport and continue the trip on the
ground. Although the trip may take longer, Terrafugia states that the
Transition[supreg] is expected to eliminate the possibility of an
indeterminately long delay caused by either retracing the flight route
to clearer weather or diverting and waiting for the weather to pass.
Terrafugia expects that the Transition[supreg] will contribute to
significantly reducing a major source of fatal aviation accidents,
while also making GA more appealing and accessible to a greater number
of people. Additionally, because the Transition[supreg] is equipped
with basic FMVSS occupant crash protection features, it is advancing
passenger safety technology in light aircraft.
---------------------------------------------------------------------------

    \14\ Terrafugia Petition, p. 22.
---------------------------------------------------------------------------

    The Transition[supreg] uses an FAA certified, four cylinder, 100
horsepower, unleaded gasoline-fueled aircraft engine to power the
vehicle both in the air and on the ground. Terrafugia contends that the
use of unleaded gasoline will provide ``significant ecological and
energy benefits,'' as compared to the leaded gasoline used in other GA
aircraft. Terrafugia also envisions that one day a future version of
the Transition[supreg] may play a role in reducing highway congestion
and CO2 emissions by enabling more people to shift from
highway-based travel to a combination of flight and road use for mid-
range trips. Terrafugia expects that the Transition[supreg] will cruise
in the air at approximately 105 miles per hour and maintain highway
speeds on the ground, while attaining between 25 and 40 miles per
gallon in flight and on the road. Terrafugia anticipates that the
Transition[supreg] will only be operated on public roadways in
conjunction with a flight. The company expects that the typical
recreational owner will operate the vehicle as an aircraft for at least
65 percent of its engine-on-time, with less than 2,000 miles of road
driven annually. Terrafugia contends that the combination of low sales
volume and limited use on roadways limits the Transition's[supreg]
overall impact on motor vehicle safety.
    Terrafugia also anticipates that by 2015 the production of the
Transition[supreg] will provide 500 manufacturing, engineering, and
support jobs to the U.S. economy.

IV. Terrafugia's Requested Temporary Exemptions

    As always, we are concerned about the potential safety implication
of any temporary exemption granted by this agency. In the present case,
we are addressing a petition submitted for a temporary exemption from
FMVSS requirements pertaining to tire and rim selection, electronic
stability control (ESC), glazing materials, and advanced air bags.
According to the petition, the three-year requested exemption period
will give the petitioner, Terrafugia, the needed time and revenue to
reach compliant solutions.

A. FMVSS No. 110, Tire Selection and Rims and Motor Home/Recreation
Vehicle Trailer Load Carrying Capacity Information for Motor Vehicles
With a GVWR of 4,536 Kilograms (10,000 pounds) or Less, Sections S4.1,
S4.4 \15\
---------------------------------------------------------------------------

    \15\ 49 CFR 571.110.
---------------------------------------------------------------------------

    Terrafugia seeks an exemption from the tire and rim requirements of
FMVSS No. 110 S4.1 (general requirements), S4.4 (rim requirements).
Terrafugia states that compliance with the tire and rim requirements
for motor vehicles with a gross weight rating of 4,536 kilograms or
less would cause substantial economic hardship, and that Terrafugia has
tried to comply with the standard in good faith. Terrafugia intends on
using tires and rims with proper load and speed ratings that are
certified for motorcycle use. See 49 CFR 571.119. The company states
that the lighter motorcycle tire and rim combination would provide an
equivalent level of safety as tires certified for traditional passenger
vehicles, while allowing for a weight savings of 25 pounds (11.3 kg).
Terrafugia successfully flight tested the proposed tires for takeoff
and landing operations in spring 2009 and plans to conduct further
tests to include handling and braking.

B. FMVSS No. 126, Electronic Stability Control Systems \16\
---------------------------------------------------------------------------

    \16\ 49 CFR 571.126.
---------------------------------------------------------------------------

    Terrafugia seeks an exemption from the electronic stability control
(ESC) systems requirements of FMVSS No. 126. ESC systems employ
automatic computer-controlled braking of individual wheels to assist
the driver in maintaining control in critical driving situations.\17\
NHTSA's crash data study shows that ESC systems reduce the number of
fatal single-vehicle crashes of passenger cars and sport utility
vehicles (SUVs). NHTSA also estimates that ESC has the potential to
prevent 70 percent of the fatal passenger car rollovers and 88 percent
of the fatal SUV rollovers that would otherwise occur in single-vehicle
crashes.\18\
---------------------------------------------------------------------------

    \17\ 73 FR 54526, 54527 (September 22, 2008).
    \18\ Id.
---------------------------------------------------------------------------

    Terrafugia states that it faces two challenges with an off-the-
shelf ESC unit. First, an ESC system would add

6 pounds of weight to the Transition[supreg] (i.e., assuming weight
could not be removed elsewhere in the vehicle). Second, an ESC system
poses a flight risk because by design an ESC system may automatically
cut the engine power when activated in a vehicle, which would create a
single point failure that could shut down the Transition's[supreg]
engine in flight. Terrafugia believes that this additional flight risk
outweighs the benefit of the ESC system to braking performance on the
ground. Terrafugia states that it currently does not have the technical
or financial resources to independently develop an ESC system for its
dual purpose vehicle and, to date, potential vendors have been
unwilling to provide an ESC system for use on the Transition[supreg]
because it is an aircraft.

C. FMVSS No. 205, Glazing Materials, Section S5 \19\
---------------------------------------------------------------------------

    \19\ 49 CFR 571.205.
---------------------------------------------------------------------------

    Terrafugia seeks an exemption from the glazing material
requirements of FMVSS No. 205, S5 (``Requirements''), which affect the
Transition's[supreg] windshield and side windows. Terrafugia states
that installing compliant glazing materials, such as traditional
laminated safety glass, would result in a weight penalty of 29 pounds
(13.2 kg). The company contends that it may not be able to remove this
additional weight without compromising the safety of existing crash
protection structures. Further, Terrafugia states that traditional
automotive glazing materials, when subjected to loading similar to a
bird strike in flight, either shatter, exposing the occupants to the
free-stream air, or craze to a level that would substantially inhibit
the pilots view.
    Alternatively, Terrafugia plans to install polycarbonate glazing
material, which is normally used in aircraft, and withstands aircraft
bird strikes well. According to the petition, the polycarbonate
material has passed intrusion tests without cracking, but Terrafugia is
still pursuing options for scratch-resistant coating that can be
certified to tier 1 glass.\20\ In the meantime, Terrafugia intends to
require that the Transition's[supreg] windshield be subject to regular
inspections and contends that Transition[supreg] owners, as pilots,
already are accustomed to strict maintenance standards. Terrafugia
states that the exemption period will allow it to continue working on
the capacity of modern coated polycarbonate glazing materials to be
certified to the FMVSS requirements.
---------------------------------------------------------------------------

    \20\ We assume Terrafugia is referring to certification as Item
1 glazing, or traditional laminated safety glass.
---------------------------------------------------------------------------

D. FMVSS No. 208, Occupant Crash Protection, Section S14 (Advanced Air
Bags) \21\
---------------------------------------------------------------------------

    \21\ 49 CFR 571.208.
---------------------------------------------------------------------------

    Terrafugia seeks an exemption from the advanced air bag
requirements of FMVSS No. 208 (S14) because the company currently does
not have the financial resources to design and install an advanced air
bag system. The company, however, intends to install basic air bags in
the Transition[supreg]. Terrafugia states that the Transition[supreg]
also will be equipped with a carbon fiber omega beam ``safety cage''
surrounding the passenger compartment, energy-absorbing crush
structures, seat belts, and other necessary passenger safety equipment
not traditionally installed in LSA. According to the petition,
Terrafugia anticipates using the sales revenue to pursue the
development of an advanced air bag system, ideally one that would be
able to differentiate between the needs of an automotive crash and an
aviation crash.

V. Request for Comments

    We are providing a 30-day comment period and instructions for
submitting comments are described in the ``COMMENTS'' section of this
notice. As described in Terrafugia's petition, the Transition[supreg]
offers a pilot an alternative mode of transportation during periods of
inclement weather, allowing the pilot to drive on roads rather than fly
the vehicle. Given the safety features for which Terrafugia seeks
exemption, NHTSA specifically seeks comment on whether the safety
benefits of reducing weather-related accidents for flights of the
Transition[supreg] in inclement weather outweigh the safety risks
associated with road use of the Transition[supreg] in inclement
weather. NHTSA further seeks comment on the likelihood that a child
would be a passenger in the Transition[supreg] (i.e., there is one
front passenger seat and no rear seats) to evaluate the safety risks
posed by noncompliance with the advanced air bag requirements.

    Issued on: November 9, 2010.
Nathaniel Beuse,
Director, Office of Crash Avoidance Standards.
[FR Doc. 2010-28732 Filed 11-15-10; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 87, Number 149 (Thursday, August 4, 2022)]
[Proposed Rules]
[Pages 47661-47663]
[FR Doc No: 2022-16669]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0623]
RIN 1625-AA00

Safety Zone; Swim, Columbia River, Cascade Locks, OR

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for certain waters of the Columbia River. This action is necessary
to provide for the safety of participants and the maritime public
during a cross-channel swim on the Columbia River near Cascade Locks,
Oregon, to Stevenson, Washington, on the morning of September 5, 2022.
This proposed rulemaking would prohibit non-participant persons and
vessels from being in the safety zone unless authorized by the Captain
of the Port Columbia River or a designated representative. We invite
your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before August 19, 2022.

ADDRESSES: You may submit comments identified by docket number USCG-
2022-0623 using the Federal Decision Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email LT Sean Murphy, Waterways Management
Division, Marine Safety Unit Portland, U.S. Coast Guard; telephone 503-
240-9319, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background, Purpose, and Legal Basis

    On April 20, 2022, True West LLC with Visit Hood River notified the
Coast Guard that the Roy Webster Cross Channel Swim, an annually
recurring marine event, will be occurring at Cascade Locks to
Stevenson. The event consists of a cross-channel swim from 07:30 to
10:30 a.m. on September 5, 2022. The Captain of the Port Columbia River
(COTP) has determined that the potential hazards associated with the
swim event would be a safety concern for anyone within the designated
area of the safety zone before, during, or after the swim.
    The purpose of this rulemaking is to protect personnel, vessels,
and the marine environment in these navigable waters before, during,
and after the scheduled event. The Coast Guard is proposing this
rulemaking under authority in 46 U.S.C. 70034 (previously 33 U.S.C.
1231).

III. Discussion of Proposed Rule

    The COTP is proposing to establish a safety zone from 7 until 11
a.m. on September 5, 2022. The safety zone will cover all navigable
waters of the Columbia River between RM 149 and RM 150 near Cascade
Locks, Oregon. The duration of the zone is intended to ensure the
safety of vessels and these navigable waters before, during, and after
the scheduled 7:30 a.m. to 10:30 p.m. swim. No vessel or person would
be permitted to enter the safety zone without obtaining permission from
the COTP or a designated representative. The regulatory text we are
proposing appears at the end of this document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking.

Below we summarize our analyses based on a number of these statutes 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. This NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the size,
location, and duration of the safety zone. The safety zone created by
this proposed rule is designed to minimize its impact on navigable
waters. This proposed rule would prohibit entry into certain navigable
waters of the Columbia River and is not anticipated to exceed four
hours in duration. Thus, restrictions on vessel movement within that
particular area are expected to be minimal. Moreover, under certain
conditions, vessels may still transit through the safety zone when
permitted by the COTP. The Coast Guard will issue a Broadcast Notice to
Mariners via VHF-FM marine channel 16 about the zone, and the rule
would allow vessels to seek permission to enter 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 during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed 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 IV.A above, this proposed rule would not
have a significant economic impact on any vessel owner or operator.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call or email the person listed in the
FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.

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

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves safety
zone lasting 4 hours that would prohibit entry between RM 149 to RM 150
on the Columbia River. Normally such actions are categorically excluded
from further review under paragraph L60(a) of Appendix A, Table 1 of
DHS Instruction Manual 023-01-001-01, Rev. 1. A preliminary Record of
Environmental Consideration supporting this determination is available
in the docket. For instructions on locating the docket, see the
ADDRESSES section of this preamble. We seek any comments or information
that may lead to the discovery of a significant environmental impact
from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2022-0623 in the
search box and

click ``Search.'' Next, look for this document in the Search Results
column, and click on it. Then click on the Comment option. If you
cannot submit your material by using https://www.regulations.gov, call
or email the person in the FOR FURTHER INFORMATION CONTACT section of
this proposed rule for alternate instructions.
    Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive.
    Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).

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 is
proposing to amend 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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.

0
2. Add Sec.  165.T13-0623 to read as follows:

Sec.  165.T13-0623  Safety Zone; Columbia River, Cascade Locks, OR.

    (a) Location. The following area is a safety zone: All navigable
waters of the Columbia River, from surface to bottom, starting
approximately RM 150 to RM 149.
    (b) Definitions. As used in this section--
    Designated representative means a Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty officer, or other officer
operating a Coast Guard vessel and a Federal, State, and local officer
designated by or assisting the Captain of the Port Columbia River
(COTP) in the enforcement of the regulations in this section.
    Participant means all persons and vessels registered with the event
sponsor as a participant in the race.
    (c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's
representative by calling<PHONE_NUMBER> or the Sector Columbia River
Command Center on Channel 16 VHF-FM. Those in the safety zone must
comply with all lawful orders or directions given to them by the COTP
or the designated representative.
    (3) The COTP will provide advance notice of the regulated area via
broadcast notice to mariners. The COTP may also designate on-scene
representatives to provide such advance notice.
    (d) Enforcement period. This section will be enforced from 7 until
11 a.m. on September 5, 2022. It will be subject to enforcement this
entire period unless the COTP determines it is no longer needed, in
which case the Coast Guard will inform mariners via Notice to Mariners.

    Dated: July 29, 2022.
M. Scott Jackson,
Captain, U.S. Coast Guard, Captain of the Port Sector Columbia River.
[FR Doc. 2022-16669 Filed 8-3-22; 8:45 am]
BILLING CODE 9110-04-P