[Federal Register Volume 81, Number 105 (Wednesday, June 1, 2016)]
[Proposed Rules]
[Pages 34919-34926]
[FR Doc No: 2016-12129]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 11, 404, 405, 420, 431, 435, 437, 460

[Docket No.: FAA-2016-6761; Notice No. 16-03]
RIN 2120-AK76

Updates to Rulemaking and Waiver Procedures and Expansion of the
Equivalent Level of Safety Option

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action would streamline and improve commercial space
transportation regulations' general rulemaking and petition procedures
by reflecting current practice; reorganizing the regulations for
clarity and flow; and allowing petitioners to file their petitions to
the FAA's Office of Commercial Space Transportation electronically.
Further, it would expand the option to satisfy commercial space
transportation requirements by demonstrating an equivalent level of
safety. These changes are necessary to ensure the regulations are
current, accurate, and are not unnecessarily burdensome. The intended
effect of these changes is to improve the clarity of the regulations
and reduce burden on the industry and on the FAA.

DATES: Send comments on or before August 1, 2016.

ADDRESSES: Send comments identified by docket number FAA-2016-6761
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: For questions concerning this proposed
rule, contact Shirley McBride, AST-300, Office of Commercial Space
Transportation, Federal Aviation Administration, 800 Independence
Avenue SW., Washington, DC 20591; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The Commercial Space Launch Act of 1984, as amended and re-codified
at 51 U.S.C. 50901-50923 (the Act), authorizes the Department of
Transportation and thus the FAA, through delegations, to oversee,
license, and regulate commercial launch and reentry activities, and the
operation of launch and reentry sites as carried out by U.S. citizens
or within the United States. 51 U.S.C. 50904, 50905. The Act directs
the FAA to exercise this responsibility consistent with public health
and safety, safety of property, and the national security and foreign
policy interests of the United States. 51 U.S.C. 50905. The Act directs
the FAA to regulate only to the extent necessary to protect the public
health and safety, safety of property, and national security and
foreign policy interests of the United States. 51 U.S.C. 50901(a)(7).
The FAA is also responsible for encouraging, facilitating, and
promoting commercial space launches by the private sector. 51 U.S.C.
50903.

I. Background

    The Office of Commercial Space Transportation (AST) was established
under the Act as part of the Office of the Secretary of Transportation
within the Department of Transportation. In 1988, the general
rulemaking and petition procedures, under the authority of the Act,
were codified in 14 CFR, chapter III, part 404.
    In November 1995, AST was transferred to the FAA as the agency's
only space-related line of business. The FAA's general rulemaking and
petition procedures, for which the agency follows public rulemaking
procedures under the Administrative Procedure Act, 5 U.S.C. 553, reside
in 14 CFR chapter I, part 11. When AST became part of the FAA, the
general rulemaking and petition procedures in part 404 were not
conformed to those in part 11 to remove duplicate and outdated
information, or to clarify those provisions that apply specifically to
the FAA's commercial space transportation regulations. The proposed
rule would update parts 404 and 11 to remove duplicate information from
part 404 and add appropriate cross references between part 11 and part
404. In addition, the proposal would update part 404 to reflect current
practice, clarify the requirements, and add an option to submit
petitions to AST electronically.
    Currently, the option to satisfy a commercial space transportation
regulation by demonstrating an ``equivalent level of safety'' is
limited to part 417 \1\ and to some specific sections of chapter III.
This restricts the FAA's flexibility in approving launch and reentry
related activities where the operator can convincingly demonstrate that
an alternative approach to the requirements of chapter III provides an
equivalent level of safety. This proposal would expand the equivalent
level of safety option so that it applies more broadly to chapter III
requirements for both launch and reentry activities.
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    \1\ See Sec.  417.1(g): Equivalent level of safety. The
requirements of this part apply to a launch operator and the launch
operator's launch unless the launch operator clearly and
convincingly demonstrates that an alternative approach provides an
equivalent level of safety.
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    The current title of part 405 is ``Investigations and
Enforcement.'' However, part 405 does not relate to investigations. To
avoid confusion, the FAA proposes to revise the title of part 405 to a
title more descriptive of its contents, namely, ``Compliance and
Enforcement.''

II. Discussion of the Proposal

1. General Rulemaking Procedures (Part 11)

    The general rulemaking and petition procedures for commercial space
transportation regulations, 14 CFR

chapter III, part 404, are not aligned with the FAA's general
rulemaking and petition procedures located in 14 CFR chapter I, part
11. This has caused some confusion about how the two parts relate to
each other and what requirements apply specifically to commercial space
transportation regulations. Additionally, there is no option to file
petitions electronically under chapter III.
    The FAA proposes minor changes to part 11 to clarify that this part
applies to all FAA regulations, including commercial space
transportation regulations, except as otherwise noted. Also, the FAA
proposes to correct an outdated Internet link in part 11.
Sec.  11.15--What is a petition for exemption?
    The FAA proposes to amend Sec.  11.15 to cross reference part 404
for commercial space transportation waivers. Authority for the FAA's
aviation safety oversight falls under Title 49 U.S.C., while the
agency's authority for commercial space transportation oversight falls
under 51 U.S.C. 50901-50923. Title 49 allows for ``exemptions'' as
requests for relief from a regulatory requirement, whereas Title 51
allows the Secretary to ``waive'' regulatory requirements. To retain
the distinction of terms under both statutes, the FAA proposes to
revise Sec.  11.15 to cross reference part 404, which describes the
agency's delegated authority to issue commercial space transportation
waivers.
Sec.  11.27--Are there other ways FAA collects specific rulemaking
recommendations before we issue an NPRM?
    The FAA proposes to add the Commercial Space Transportation
Advisory Committee (COMSTAC) as an example of an advisory committee the
FAA uses to review and provide advice on various issues. While the FAA
uses the Aviation Rulemaking Advisory Committee (ARAC) for aviation-
specific issues, it uses COMSTAC for commercial space transportation
issues. ARAC is comprised of representatives from the aviation
industry. COMSTAC includes representatives from the commercial space
industry.
Sec.  11.63--How and to whom do I submit my petition for rulemaking or
petition for exemption?
    The proposal would amend this section to remove an outdated
Internet address in Sec.  11.63(a)(1), ``http://www.faa.gov/regulations,'' where petitioners are directed to find additional
instructions on filing their petitions, and replace it with a
description of where it could be found. This is because an Internet
address may be subject to change, and a description would be more
flexible while still providing adequate instruction.

2. Petitions for Waiver and Rulemaking (Part 404)

    Currently, part 404, subpart A is organized such that requirements
for filing and processing a petition for waiver and a petition for
rulemaking are combined in the same sections, Sec. Sec.  404.3 and
404.5. This causes confusion because while some requirements apply to
both petition for waiver and petition for rulemaking, certain others
apply only to one or to the other. Having requirements for both types
of petitions in the same sections make it difficult to determine which
requirement applies to which type of petition. The agency proposes to
establish separate sections for requirements applicable to both
petitions for waiver and petitions for rulemaking (proposed Sec. Sec.
404.1 and 404.3), requirements applicable only to petitions for waiver
(proposed Sec. Sec.  404.5 and 404.7), and those applicable only to
petitions for rulemaking (proposed Sec. Sec.  404.9 and 404.11).
    Current subpart B of part 404 includes general rulemaking
procedures that duplicate those in chapter I, part 11. The FAA proposes
to reorganize subpart B to remove the duplicate information and add
relevant cross references to part 11.
    The FAA also proposes to remove the subpart titles in part 404
because the other organizational changes to part 404 would remove the
need to use subpart titles as guides.
    Additionally, and as indicated in the ``Proposed Reorganization--
Part 404'' table below, in order to accommodate the reorganization of
part 404, the current part title, some section titles, and some section
numbers would change. Also, new sections would be added.

[GRAPHIC] [TIFF OMITTED] TP01JN16.010

    Further, the proposal would update part 404 to reflect current
practice. For example, part 404 does not include the option for
petitioners to file their petitions electronically.
    A discussion of the specific, proposed changes for part 404
follows.
Proposed Sec.  404.1--Scope
    The FAA proposes to revise Sec.  404.1 to clarify the scope of part
404. Currently Sec.  404.1 states that part 404 ``establishes
procedures for issuing regulations to implement 51 U.S.C. Subtitle V,
chapter 509, and for eliminating or waiving requirements for licensing
or permitting of commercial space transportation activities under that
statute.'' The FAA would revise Sec.  404.1 to state that part 404
establishes procedures for issuing regulations and for filing a
petition for waiver or a petition for rulemaking to the Associate
Administrator for Commercial Space Transportation.
Proposed Sec.  404.3--General
    The FAA proposes to change the title of this section from ``Filing
of petitions to the Associate Administrator'' to ``General'' to reflect
the reorganization of the part.
    The reorganized section would include information applicable to
both petitions for waiver and petitions for rulemaking. This
information would include the physical address to which petitioners
should send their petitions, as well as the option to file petitions to
AST electronically by using the specified FAA email address.
    Current Sec.  404.3(d), which explains a petitioner's rights,
provided by Congress in 51 U.S.C. 50916, to request the agency withhold
certain sensitive information or data from the public, subject to
certain conditions, would be moved to proposed Sec.  404.3(b). Also,
proposed Sec.  404.3(a)(3) would reference the waiver exception
described in proposed Sec.  404.7(b). Further, the provision about
public hearings in current Sec.  404.5(a) would be moved to proposed
Sec.  404.3(g).
    Current Sec.  404.3 requires petitioners to send two copies of
their petition to either AST's physical address or to the docket's
physical address. The FAA proposes to require all petitions be sent to
AST to ensure timely consideration. The FAA also proposes to remove the
requirement to submit duplicate copies so that petitioners need only
send one copy of the petition to AST.
    The proposal would remove from Sec.  404.3 the requirement that a
petition for rulemaking contain a summary that the FAA may cause to be
published in the Federal Register because part 11 does not require such
a summary and the FAA does not seek public comment on petitions for
rulemaking.
    The proposal also would move the provisions in current Sec. Sec.
404.5(d) and 404.5(e) to Sec. Sec.  404.3(e) and 404.3(f),
respectively, because notification and reconsideration of the Associate
Administrator's decision applies to both petitions for waiver and
petitions for rulemaking.
Proposed Sec.  404.5--Filing a Petition for Waiver
    The proposal would change the section title from ``Action on
petitions'' to ``Filing a Petition for Waiver.'' Also, it would move
the waiver procedures from current Sec.  404.3 to proposed Sec.  404.5.
Proposed Sec.  404.5 would clarify the requirements for filing a waiver
request and, as noted in the discussion of proposed Sec.  404.3, would
move the information in current Sec.  404.5(a) about public hearings
related to petitions to proposed Sec.  404.3(g).
    Current Sec.  404.3 states that the petition must ``set forth the
text or substance of the regulation . . . to be waived.'' Proposed
Sec.  404.5 would clarify that the petition must reference the specific
section or sections of 14 CFR chapter III from which relief is sought.
Further, to help ensure petitions are complete and meet the
requirements of the Act, 51 U.S.C. 50905(b)(3), proposed Sec.  404.5
would clarify that the petition must state the reasons why granting the
request for relief is in the public interest and will not jeopardize
the public health and safety, safety of property, and national security
and foreign policy interests of the United States.

Proposed Sec.  404.7--Action on a Petition for Waiver
    The requirements in current Sec.  404.5 that describe the FAA's
actions on petitions for waiver would be moved to proposed Sec.  404.7.
Proposed Sec.  404.7 would clarify that under 51 U.S.C. 50905(b)(3),
the FAA is not authorized to grant a waiver that would permit the
launch or reentry of a launch vehicle or a reentry vehicle without a
license or permit if a human being would be on board.
Proposed Sec.  404.9--Filing a Petition for Rulemaking
    As noted, the current requirements for filing a petition for
rulemaking reside in Sec.  404.3. This proposal would remove those
requirements and, instead, new Sec.  404.9 would require a petitioner
to follow Sec.  11.71 for filing a petition for rulemaking. This
proposed change would align the procedures for filing a petition for
rulemaking under part 404 with the procedures for filing all other
petitions for rulemaking made to the agency.
    There are no substantive differences in the process for filing a
petition for rulemaking with the FAA under part 404 or under Sec.
11.71 of part 11. Therefore, the FAA does not foresee any issues with
using part 11 procedures for commercial space petitions for rulemaking.
Proposed Sec.  404.11--Action on a Petition for Rulemaking
    The requirements in current Sec.  404.5 that describe the FAA's
actions on petitions for rulemaking would be removed, and new Sec.
404.11 would cross reference Sec.  11.73, which includes the FAA's
actions on petitions for rulemaking. This change would align the
actions of the FAA on petitions for rulemaking under part 404 with its
actions regarding all other petitions for rulemaking made to the
agency.
Proposed Sec.  404.13--Rulemaking
    Since the FAA's general rulemaking procedures, which apply to all
FAA regulations, including commercial space transportation regulations,
reside in 14 CFR chapter I, part 11, the agency proposes to remove the
general rulemaking procedures in current Sec. Sec.  404.11, 404.13, and
404.15 and, instead, add a cross reference in proposed Sec.  404.13(a)
to part 11's general rulemaking procedures. Also, current Sec.  404.17
(Additional rulemaking proceedings) and Sec.  404.19 (Hearings) of
subpart B would be retained as is. As a result, proposed Sec.
404.13(b) states that in addition to the procedures referenced in Sec.
404.13(a), the provisions in Sec. Sec.  404.17 and 404.19 also apply.
Proposed Sec.  404.15--Removed and Reserved
    As discussed under proposed Sec.  404.13, the proposal would remove
the current, specified contents of subpart B, including Sec.  404.15,
and add a cross reference to part 11. In addition, it would reserve
Sec.  404.15 to prevent gaps in the CFR numbering for part 404.

3. Investigations and Enforcement (Part 405)

    The agency proposes to change the title of part 405 to better
reflect the part's requirements. Part 405 has not substantially changed
since 1988. Although its current title is ``Investigations and
Enforcement,'' the part does not apply to investigations. Instead,
requirements for investigations reside in part 406, entitled
``Investigations, Enforcement, and Administrative Review.''
    What part 405 actually contains is requirements for FAA monitoring
of licensed and permitted activities; the agency's authority to modify,
suspend or revoke a license or permit; and the FAA's authority to issue
emergency orders to terminate, prohibit, or suspend a licensed or
permitted launch or reentry activity. To avoid confusion, the FAA
proposes to revise the title of part 405 to ``Compliance and
Enforcement,'' to better reflect the content of the part.

4. Equivalent Level of Safety

    Currently, the option to satisfy the requirements of 14 CFR,
chapter III by demonstrating an ``equivalent level of safety'' is
limited to part 417 (safety of expendable launch vehicles) and to
specific sections of parts 420 (operation of a launch site), 437
(experimental permits), and 460 (human space flight). The option does
not apply to parts 431 and 435, which govern reentry of reusable launch
vehicles and other reentry vehicles. The FAA addresses this limitation
through the waiver process, which places an unnecessary burden on the
industry and on the FAA. Thus, the agency proposes to expand the
availability of its equivalent level of safety option.
    Currently, in parts 420 and 437, the equivalent level of safety
option only applies to Sec. Sec.  420.23(a)(3), (b)(4), and (c)(2);
420.25(a); and, 437.65(b). The FAA proposes to expand the availability
of the option so that it applies not just to these specific sections
but to parts 420 and 437 in their entirety. Therefore, this proposal
would remove the equivalent level of safety provision in these specific
sections and replace them with proposed Sec. Sec.  420.1(b) and
437.1(b). The proposed change to Sec.  420.23 would remove current
Sec.  420.23(c)(2), move current Sec.  420.23(c)(3) to proposed Sec.
420.23(c)(2) to prevent a gap in paragraph numbering, and remove
current Sec.  420.23(c)(3) to prevent identical language from appearing
in both Sec.  420.23(c)(2) and (c)(3). These proposed sections would
require that each requirement of the part would apply unless an
applicant or licensee under part 420, or a permittee under part 437,
clearly and convincingly demonstrates that an alternative provides an
equivalent level of safety to the requirement of the part.
    Current parts 431 and 435 have no equivalent level of safety
option. Therefore, the FAA proposes to add this option to the
``General'' sections of parts 431 and 435 (Sec. Sec.  431.1 and 435.1,
respectively) so that the option would apply to these parts in their
entirety.
    The agency further proposes to expand the equivalent level of
safety provision now in Sec.  460.5. That provision, which includes
qualification requirements for a pilot and a remote operator, currently
only extends the equivalent level of safety option (see Sec.  460.5(d))
to a remote operator but not to a pilot. The FAA proposes amending
Sec.  460.5(d) to allow an applicant, licensee, or permittee to satisfy
pilot qualification requirements by demonstrating an equivalent level
of safety.

IV. Regulatory Notices and Analyses

A. Regulatory Evaluation

    Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 and Executive Order 13563 direct
that each Federal agency shall propose or adopt a regulation only upon
a reasoned determination that the benefits of the intended regulation
justify its costs. Second, the Regulatory Flexibility Act of 1980 (Pub.
L. 96-354) requires agencies to analyze the economic impact of
regulatory changes on small entities. Third, the Trade Agreements Act
(Pub. L. 96-39) prohibits agencies from setting standards that create
unnecessary obstacles to the foreign commerce of the United States. In
developing U.S. standards, the Trade Act requires agencies to consider
international standards and, where appropriate, that they be the basis
of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4) requires agencies to prepare a written assessment of
the costs, benefits, and other effects of proposed or final rules that
include a Federal mandate

likely to result in the expenditure by State, local, or tribal
governments, in the aggregate, or by the private sector, of $100
million or more annually (adjusted for inflation with base year of
1995). This portion of the preamble summarizes the FAA's analysis of
the economic impacts of this proposed rule.
    Department of Transportation Order DOT 2100.5 prescribes policies
and procedures for simplification, analysis, and review of regulations.
If the expected cost impact is so minimal that a proposed or final rule
does not warrant a full evaluation, this order permits that a statement
to that effect and the basis for it to be included in the preamble if a
full regulatory evaluation of the cost and benefits is not prepared.
Such a determination has been made for this proposed rule. The
reasoning for this determination follows.
    This rule proposes to streamline and improve commercial space
transportation regulations' general rulemaking and petition procedures.
It proposes to do this by updating the rule language to reflect current
practice; reorganizing it for clarity and flow; and allowing
petitioners to file their petitions to the FAA's Office of Commercial
Space Transportation electronically. In addition, this rule proposes to
expand the option to satisfy commercial space transportation
requirements by demonstrating an equivalent level of safety. These
changes are necessary to ensure the regulations are current, accurate,
and not unnecessarily burdensome.
    The intended effect of these proposed changes is to improve the
clarity of the regulations and reduce burden on the industry and on the
FAA. Increased clarity could result in fewer requests for more
information and, therefore, in cost savings. Expanding the equivalent
level of safety option provides more choice to operators and lowers the
number of waiver requests the FAA must process, resulting in reduced
FAA burden. Allowing petitioners the option to submit electronically
could result in small cost savings, from reduced mail expense.
    Since the expected outcome of this proposal is increased regulatory
clarity with the potential of a minimal cost impact, a regulatory
evaluation was not prepared. The FAA requests comments with supporting
justification about the FAA determination of minimal impact.
    FAA has, therefore, determined that this proposed rule is not a
``significant regulatory action'' as defined in section 3(f) of
Executive Order 12866, and is not ``significant'' as defined in DOT's
Regulatory Policies and Procedures.

B. Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA)
establishes ``as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objectives of the rule and of applicable
statutes, to fit regulatory and informational requirements to the scale
of the businesses, organizations, and governmental jurisdictions
subject to regulation.'' To achieve this principle, agencies are
required to solicit and consider flexible regulatory proposals and to
explain the rationale for their actions to assure that such proposals
are given serious consideration.'' The RFA covers a wide-range of small
entities, including small businesses, not-for-profit organizations, and
small governmental jurisdictions.
    Agencies must perform a review to determine whether a rule will
have a significant economic impact on a substantial number of small
entities. If the agency determines that it will, the agency must
prepare a regulatory flexibility analysis as described in the RFA.
    However, if an agency determines that a rule is not expected to
have a significant economic impact on a substantial number of small
entities, section 605(b) of the RFA provides that the head of the
agency may so certify and a regulatory flexibility analysis is not
required. The certification must include a statement providing the
factual basis for this determination, and the reasoning should be
clear.
    This proposal is expected to have an effect on States, local
governments, large entities such as Boeing and a significant number of
small entities such as Scaled Composites, LLC, Masten Space Systems,
XCOR Aerospace, Escape Dynamics, and Space Information Laboratories.
    As this proposed rule would streamline and clarify FAA rulemaking
procedures, codify current practice and expand options to demonstrate
an equivalent level of safety, the expected outcome would have only
minimal costs to minor cost savings impact on any small entity affected
by this rulemaking action.
    If an agency determines that a rulemaking will not result in a
significant economic impact on a substantial number of small entities,
the head of the agency may so certify under section 605(b) of the RFA.
Therefore, as provided in section 605(b), the head of the FAA certifies
that this rulemaking will not result in a significant economic impact
on a substantial number of small entities.

C. International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing standards or engaging in related activities
that create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to these Acts, the establishment of standards is not
considered an unnecessary obstacle to the foreign commerce of the
United States, so long as the standard has a legitimate domestic
objective, such as the protection of safety, and does not operate in a
manner that excludes imports that meet this objective. The statute also
requires consideration of international standards and, where
appropriate, that they be the basis for U.S. standards. The FAA has
assessed the potential effect of this proposed rule and determined that
it would impose the same costs on domestic and international entities
and thus has a neutral trade impact.

D. Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement
assessing the effects of any Federal mandate in a proposed or final
agency rule that may result in an expenditure of $100 million or more
(in 1995 dollars) in any one year by State, local, and tribal
governments, in the aggregate, or by the private sector; such a mandate
is deemed to be a ``significant regulatory action.'' The FAA currently
uses an inflation-adjusted value of $155 million in lieu of $100
million.
    This proposed rule does not contain such a mandate; therefore, the
requirements of Title II of the Unfunded Mandates Reform Act do not
apply.

E. Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that the FAA consider the impact of paperwork and other information
collection burdens imposed on the public. The FAA has determined that
there would be no new requirement for information collection associated
with this proposed rule.

F. International Compatibility and Cooperation

    (1) In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to conform to
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA

has determined that there are no ICAO Standards and Recommended
Practices that correspond to these proposed regulations.
    (2) Executive Order 13609, Promoting International Regulatory
Cooperation, promotes international regulatory cooperation to meet
shared challenges involving health, safety, labor, security,
environmental, and other issues and to reduce, eliminate, or prevent
unnecessary differences in regulatory requirements. The FAA has
analyzed this action under the policies and agency responsibilities of
Executive Order 13609, and has determined that this action would have
no effect on international regulatory cooperation.

G. Environmental Analysis

    FAA Order 1050.1E identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act in the absence of extraordinary circumstances. The FAA has
determined this rulemaking action qualifies for the categorical
exclusion identified in paragraph 312f and involves no extraordinary
circumstances.

V. Executive Order Determinations

A. Executive Order 13132, Federalism

    The FAA has analyzed this proposed rule under the principles and
criteria of Executive Order 13132, Federalism. The agency has
determined that this action would not have a substantial direct effect
on the States, or the relationship between the Federal Government and
the States, or on the distribution of power and responsibilities among
the various levels of government, and, therefore, would not have
Federalism implications.

B. Executive Order 13211, Regulations That Significantly Affect Energy
Supply, Distribution, or Use

    The FAA analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). The agency has determined that it
would not be a ``significant energy action'' under the executive order
and would not be likely to have a significant adverse effect on the
supply, distribution, or use of energy.

VI. Additional Information

A. Comments Invited

    The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. The agency
also invites comments relating to the economic, environmental, energy,
or federalism impacts that might result from adopting the proposals in
this document. The most helpful comments reference a specific portion
of the proposal, explain the reason for any recommended change, and
include supporting data. To ensure the docket does not contain
duplicate comments, commenters should send only one copy of written
comments, or if comments are filed electronically, commenters should
submit only one time.
    The FAA will file in the docket all comments it receives, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this proposed rulemaking. Before acting on this
proposal, the FAA will consider all comments it receives on or before
the closing date for comments. The FAA will consider comments filed
after the comment period has closed if it is possible to do so without
incurring expense or delay. The agency may change this proposal in
light of the comments it receives.

B. Availability of Rulemaking Documents

    An electronic copy of rulemaking documents may be obtained from the
Internet by--
    1. Searching the Federal eRulemaking Portal (http://www.regulations.gov);
    2. Visiting the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies or
    3. Accessing the Government Printing Office's Web page at http://www.gpo.gov/fdsys/.
    Copies may also be obtained by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW., Washington, DC 20591, or by calling<PHONE_NUMBER>.
Commenters must identify the docket or notice number of this
rulemaking.
    All documents the FAA considered in developing this proposed rule,
including economic analyses and technical reports, may be accessed from
the Internet through the Federal eRulemaking Portal referenced in item
(1) above.

List of Subjects

14 CFR Part 11

    Administrative practice and procedure, Reporting and recordkeeping
requirements.

14 CFR Part 404

    Administrative practice and procedure, Space transportation and
exploration.

14 CFR Part 405

    Investigations, Penalties, Space transportation and exploration.

14 CFR Part 420

    Environmental protection, Reporting and recordkeeping requirements,
Space transportation and exploration.

14 CFR Part 431

    Aviation safety, Environmental protection, Investigations,
Reporting and recordkeeping requirements, Space transportation and
exploration.

14 CFR Part 435

    Aviation safety, Environmental protection, Investigations,
Reporting and recordkeeping requirements, Space transportation and
exploration.

14 CFR Part 437

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements, Space transportation and exploration.

14 CFR Part 460

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements, Space transportation and exploration.

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend chapters I and III of title 14, Code
of Federal Regulations as follows:

PART 11--GENERAL RULEMAKING PROCEDURES

0
1. The authority citation for part 11 is amended to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40101, 40103, 40105, 40109,
40113, 44110, 44502, 44701-44702, 44711, 46102, and 51 U.S.C. 50901-
50923.

0
2. Revise Sec.  11.15 to read as follows:

Sec.  11.15  What is a petition for exemption?

    A petition for exemption is a request to the FAA by an individual
or entity asking for relief from the requirements of a current
regulation. For petitions for waiver of commercial space transportation
regulations, see part 404 of this title.
0
3. Revise Sec.  11.27 to read as follows:

Sec.  11.27  Are there other ways FAA collects specific rulemaking
recommendations before we issue an NPRM?

    Yes, the FAA obtains advice and recommendations from advisory
committees, including the Aviation Rulemaking Advisory Committee (ARAC)
for aviation issues and the Commercial Space Transportation Advisory
Committee (COMSTAC) for

commercial space transportation issues. These advisory committees are
formal standing committees comprised of representatives of industry,
consumer groups, and interested individuals. In conducting their
activities, ARAC and COMSTAC comply with the Federal Advisory Committee
Act (FACA) and the direction of FAA. We task these advisory committees
with providing us with recommended rulemaking actions dealing with
specific areas and problems. If we accept their recommendation to
change an FAA rule, we ordinarily publish an NPRM using the procedures
in this part. The FAA may establish other rulemaking advisory
committees for a limited period of time as needed to focus on aviation-
specific issues.
0
4. Amend Sec.  11.63 by revising paragraph (a)(1) to read as follows:

Sec.  11.63  How and to whom do I submit my petition for rulemaking or
petition for exemption?

    (a) * * *
    (1) By electronic submission, submit your petition for rulemaking
or exemption to the FAA through the Internet at http://www.regulations.gov, the Federal Docket Management System Web site. For
additional instructions, you may visit http://www.faa.gov/regulations_policies/, and navigate to the Rulemaking home page.
* * * * *

PART 404--PETITION AND RULEMAKING PROCEDURES

0
5. The authority citation for part 404 continues to read as follows:

    Authority: 51 U.S.C. 50901-50923.

0
6. The heading of part 404 is revised to read as set forth above.
0
7. Remove the headings of subparts A and B.
0
8. Revise Sec.  404.1 to read as follows:

Sec.  404.1  Scope.

    This part establishes procedures for issuing regulations and for
filing a petition for waiver or petition for rulemaking to the
Associate Administrator for Commercial Space Transportation.
0
9. Amend Sec.  404.3 by revising the section heading and paragraphs
(a)(3), (b), (c), (d), and adding new paragraphs (e), (f), and (g) to
read as follows:

Sec.  404.3  General.

    (a) * * *
    (3) Waive the requirement for a license, except as provided in
Sec.  404.7(b) of this part.
    (b) A petition filed under this section may request, under Sec.
413.9 of this chapter, that the Associate Administrator withhold
certain trade secrets or proprietary commercial or financial data from
public disclosure.
    (c) Each petitioner filing under this section must:
    (1) For electronic submission, send one copy of the petition by
email to the Office of Commercial Space Transportation at
<EMAIL_ADDRESS>or
    (2) For paper submission, send the petition to the Office of
Commercial Space Transportation, Federal Aviation Administration, 800
Independence Avenue SW., Room 331, Washington, DC 20591.
    (d) Each petition filed under this section must include the
petitioner's name, mailing address, telephone number and any other
contact information, such as an email address or a fax number.
    (e) Notification. When the Associate Administrator determines that
a petition should be granted or denied, the Associate Administrator
notifies the petitioner of the Associate Administrator's action and the
reasons supporting the action.
    (f) Reconsideration. Any person may petition the FAA to reconsider
a denial of a petition the person filed. The petitioner must send a
request for reconsideration within 60 days after being notified of the
denial to the same address to which the original petition was filed.
For the FAA to accept the reconsideration request, the petitioner must
show--
    (1) There is a significant additional fact and the reason it was
not included in the original petition;
    (2) The FAA made an important factual error in its denial of the
original petition; or
    (3) The denial is not in accordance with the applicable law and
regulations.
    (g) Public hearing. No public hearing, argument or other proceeding
is held on a petition before its disposition under this section.
0
10. Revise Sec.  404.5 to read as follows:

Sec.  404.5  Filing a petition for waiver.

    A petition for waiver must be submitted at least 60 days before the
proposed effective date of the waiver unless the petitioner shows good
cause for later submission in the petition, and the petition for waiver
must--
    (a) Include the specific section or sections of 14 CFR chapter III
from which the petitioner seeks relief;
    (b) Include the extent of the relief sought and the reason the
relief is being sought;
    (c) Include any facts, views, and data available to the petitioner
to support the waiver request; and
    (d) Show why granting the request for relief is in the public
interest and will not jeopardize the public health and safety, safety
of property, and national security and foreign policy interests of the
United States.
0
11. Add new Sec.  404.7 to read as follows:

Sec.  404.7  Action on a petition for waiver.

    (a) Grant of waiver. The Associate Administrator may grant a
waiver, except as provided in paragraph (b) of this section, if the
Associate Administrator determines that the waiver is in the public
interest and will not jeopardize public health and safety, the safety
or property, or any national security or foreign policy interest of the
United States.
    (b) The FAA may not grant a waiver that would permit the launch or
reentry of a launch vehicle or a reentry vehicle without a license or
permit if a human being will be on board.
    (c) Denial of waiver. If the Associate Administrator determines
that the petition does not justify granting a waiver, the Associate
Administrator denies the petition.
0
12. Add new Sec.  404.9 to read as follows:

Sec.  404.9  Filing a petition for rulemaking.

    A petition for rulemaking filed under this part must be made in
accordance with 14 CFR 11.71.
0
13. Revise Sec.  404.11 to read as follows:

Sec.  404.11  Action on a petition for rulemaking.

    The FAA will process petitions for rulemaking under this part in
accordance with 14 CFR 11.73.
0
14. Revise Sec.  404.13 to read as follows:

Sec.  404.13  Rulemaking.

    (a) The FAA's rulemaking procedures are located in subpart A
chapter I, part 11 under the General, Written Comments, and Public
Meetings and Other Proceedings headings.
    (b) In addition to the rulemaking procedures referenced in
paragraph (a) of this section, the provisions of Sec. Sec.  404.17 and
404.19 of this subpart also apply.

Sec.  404.15  [Removed and Reserved]

0
15. Remove and reserve Sec.  404.15.

PART 405--COMPLIANCE AND ENFORCEMENT

0
16. The authority citation for part 405 continues to read as follows:

    Authority: 51 U.S.C. 50901-50923.

0
17. Amend part 405 by revising the part heading to read as set forth
above.

PART 420--LICENSE TO OPERATE A LAUNCH SITE

0
18. The authority citation for part 420 continues to read as follows:

    Authority:  51 U.S.C. 50901-50923.

0
19. Revise Sec.  420.1 to read as follows:

Sec.  420.1  General.

    (a) Scope. This part prescribes the information and demonstrations
that must be provided to the FAA as part of a license application, the
bases for license approval, license terms and conditions, and post-
licensing requirements with which a licensee shall comply to remain
licensed. Requirements for preparing a license application are
contained in part 413 of this subchapter.
    (b) Equivalent level of safety. Each requirement of this part
applies unless the applicant or licensee clearly and convincingly
demonstrates that an alternative approach provides an equivalent level
of safety to the requirement of this part.
0
20. Amend Sec.  420.23 by revising paragraphs (a)(3), (b)(4), and
(c)(2), and removing paragraph (c)(3) to read as follows:

Sec.  420.23  Launch site location review--flight corridor.

    (a) * * *
    (3) Uses one of the methodologies provided in appendix A or B of
this part.
    (b) * * *
    (4) Uses one of the methodologies provided in appendices A or B to
this part.
    (c) * * *
    (2) An applicant shall base its analysis on an unguided suborbital
launch vehicle whose final launch vehicle stage apogee represents the
intended use of the launch point.
* * * * *
0
21. Amend Sec.  420.25 by revising paragraph (a) to read as follows:

Sec.  420.25  Launch site location review--risk analysis.

    (a) If a flight corridor or impact dispersion area defined by Sec.
420.23 contains a populated area, the applicant shall estimate the
casualty expectation associated with the flight corridor or impact
dispersion area. An applicant shall use the methodology provided in
appendix C to this part for guided orbital or suborbital expendable
launch vehicles and appendix D for unguided suborbital launch vehicles.
* * * * *

PART 431--LAUNCH AND REENTRY OF A REUSABLE LAUNCH VEHICLE (RLV)

0
22. The authority citation for part 431 continues to read as follows:

    Authority: 51 U.S.C. 50901-50923.

0
23. Revise Sec.  431.1 to read as follows:

Sec.  431.1  General.

    (a) Scope. This part prescribes requirements for obtaining a
reusable launch vehicle (RLV) mission license and post-licensing
requirements with which a licensee must comply to remain licensed.
Requirements for preparing a license application are contained in part
413 of this subchapter.
    (b) Equivalent level of safety. Each requirement of this part
applies unless the applicant or licensee clearly and convincingly
demonstrates that an alternative approach provides an equivalent level
of safety to the requirement of this part.

PART 435--REENTRY OF A REENTRY VEHICLE OTHER THAN A REUSABLE LAUNCH
VEHICLE (RLV)

0
24. The authority citation for part 435 continues to read as follows:

    Authority: 51 U.S.C. 50901-50923.

0
25. Revise Sec.  435.1 to read as follows:

Sec.  435.1  General.

    (a) Scope. This part prescribes requirements for obtaining a
license to reenter a reentry vehicle other than a reusable launch
vehicle (RLV), and post-licensing requirements with which a licensee
must comply to remain licensed. Requirements for preparing a license
application are contained in part 413 of this subchapter.
    (b) Equivalent level of safety. Each requirement of this part
applies unless the applicant or licensee clearly and convincingly
demonstrates that an alternative approach provides an equivalent level
of safety to the requirement of this part.

PART 437--EXPERIMENTAL PERMITS

0
26. The authority citation for part 437 continues to read as follows:

    Authority: 51 U.S.C. 50901-50923.

0
27. Revise Sec.  437.1 to read as follows:

Sec.  437.1  Scope and organization of this part.

    (a) Scope. This part prescribes requirements for obtaining an
experimental permit. It also prescribes post-permitting requirements
with which a permittee must comply to maintain its permit. Part 413 of
this subchapter contains procedures for applying for an experimental
permit.
    (b) Equivalent level of safety. Each requirement of this part
applies unless the applicant or permittee clearly and convincingly
demonstrates that an alternative approach provides an equivalent level
of safety to the requirement of this part.
    (c) Organization of this part. Subpart A contains general
information about an experimental permit. Subpart B contains
requirements to obtain an experimental permit. Subpart C contains the
safety requirements with which a permittee must comply while conducting
permitted activities. Subpart D contains terms and conditions of an
experimental permit.
0
28. Amend Sec.  437.65 by revising paragraph (b) to read as follows:

Sec.  437.65  Collision avoidance analysis.

* * * * *
    (b) The collision avoidance analysis must establish each period
during which a permittee may not initiate flight to ensure that a
permitted vehicle and any jettisoned components do not pass closer than
200 kilometers to a manned or mannable orbital object.

PART 460--HUMAN SPACE FLIGHT REQUIREMENTS

0
29. The authority citation for part 460 continues to read as follows:

    Authority: 51 U.S.C. 50901-50923.

0
30. Amend Sec.  460.5 by revising paragraph (d) to read as follows:

Sec.  460.5  Crew qualifications and training.

* * * * *
    (d) A pilot or a remote operator may demonstrate an equivalent
level of safety to paragraph (c)(1) of this section through the license
or permit process.
* * * * *

    Issued under authority provided by 49 U.S.C. 106(f) and (g),
44701(a), 44703 and 51 U.S.C. 50901-50923 in Washington, DC, on May
16, 2016.
George Nield,
Associate Administrator for Commercial Space Transportation.
[FR Doc. 2016-12129 Filed 5-31-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 107 (Wednesday, June 4, 2014)]
[Notices]
[Pages 32275-32276]
[FR Doc No: 2014-12934]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

City of Fort Collins, Colorado; Notice of Preliminary
Determination of a Qualifying Conduit Hydropower Facility and
Soliciting Comments and Motions To Intervene

    On May 16, 2014, the City of Fort Collins, Colorado filed a notice
of intent to construct a qualifying conduit hydropower facility,
pursuant to section 30 of the Federal Power Act (FPA), as amended by
section 4 of the Hydropower Regulatory Efficiency Act of 2013 (HREA).
The proposed City of Fort Collins Micro Hydro Project would have an
installed capacity of 75 kilowatts (kW) and would utilize water from
and connect with an existing 54-inch diameter pipeline. The project
would be located near the City of Fort Collins in Larimer County,
Colorado.
    Applicant Contact: Kenneth Morrison, City of Fort Collins,
Colorado, 4316 LaPorte Avenue, Fort Collins, CO 80522, Phone No. (970)
416-2159.
    FERC Contact: Robert Bell, Phone No.<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>    Qualifying Conduit Hydropower Facility Description: The proposed
project would consist of: (1) A proposed 11-foot-long, 12-inch-diameter
intake pipe; (3) a proposed powerhouse containing one generating unit
with an installed capacity of 75 kW; (4) a proposed 30-foot-long, 12-
inch-diameter discharge pipe back into the main pipeline; and (5)
appurtenant facilities. The proposed project would have an estimated
annual generating capacity of 550 megawatt-hours.
    A qualifying conduit hydropower facility is one that is determined
or deemed to meet all of the criteria shown in the table below.

                          Table 1--Criteria for Qualifying Conduit Hydropower Facility
----------------------------------------------------------------------------------------------------------------
              Statutory provision                                 Description                    Satisfies (Y/N)
----------------------------------------------------------------------------------------------------------------
FPA 30(a)(3)(A), as amended by HREA...........  The conduit the facility uses is a tunnel,                    Y
                                                 canal, pipeline, aqueduct, flume, ditch, or
                                                 similar manmade water conveyance that is
                                                 operated for the distribution of water for
                                                 agricultural, municipal, or industrial
                                                 consumption and not primarily for the
                                                 generation of electricity.
FPA 30(a)(3)(C)(i), as amended by HREA........  The facility is constructed, operated, or                     Y
                                                 maintained for the generation of electric
                                                 power and uses for such generation only the
                                                 hydroelectric potential of a non-federally
                                                 owned conduit.
FPA 30(a)(3)(C)(ii), as amended by HREA.......  The facility has an installed capacity that                   Y
                                                 does not exceed 5 megawatts.
FPA 30(a)(3)(C)(iii), as amended by HREA......  On or before August 9, 2013, the facility is                  Y
                                                 not licensed, or exempted from the licensing
                                                 requirements of Part I of the FPA.
----------------------------------------------------------------------------------------------------------------

    Preliminary Determination: Based upon the above criteria,
Commission staff preliminarily determines that the proposal satisfies
the requirements for a qualifying conduit hydropower facility, which is
not required to be licensed or exempted from licensing.

    Comments and Motions to Intervene: Deadline for filing comments
contesting whether the facility meets the qualifying criteria is 45
days from the issuance date of this notice.
    Deadline for filing motions to intervene is 30 days from the
issuance date of this notice.
    Anyone may submit comments or a motion to intervene in accordance
with the requirements of Rules of Practice and Procedure, 18 CFR
385.210 and 385.214. Any motions to intervene must be received on or
before the specified deadline date for the particular proceeding.
    Filing and Service of Responsive Documents: All filings must (1)
bear in all capital letters the ``COMMENTS CONTESTING QUALIFICATION FOR
A CONDUIT HYDROPOWER FACILITY'' or ``MOTION TO INTERVENE,'' as
applicable; (2) state in the heading the name of the applicant and the
project number of the application to which the filing responds; (3)
state the name, address, and telephone number of the person filing; and
(4) otherwise comply with the requirements of sections 385.2001 through
385.2005 of the Commission's regulations.\1\ All comments contesting
Commission staff's preliminary determination that the facility meets
the qualifying criteria must set forth their evidentiary basis.
---------------------------------------------------------------------------

    \1\ 18 CFR 385.2001-2005 (2013).
---------------------------------------------------------------------------

    The Commission strongly encourages electronic filing. Please file
motions to intervene and comments using the Commission's eFiling system
at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit
brief comments up to 6,000 characters, without prior registration,
using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the
end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>(866) 208-3676 (toll free), or
(202) 502-8659 (TTY). In lieu of electronic filing, please send a paper
copy to: Secretary, Federal Energy Regulatory Commission, 888 First
Street NE., Washington, DC 20426. A copy of all other filings in
reference to this application must be accompanied by proof of service
on all persons listed in the service list prepared by the Commission in
this proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.
    Locations of Notice of Intent: Copies of the notice of intent can
be obtained directly from the applicant or such copies can be viewed
and reproduced at the Commission in its Public Reference Room, Room 2A,
888 First Street NE., Washington, DC 20426. The filing may also be
viewed on the Web at http://www.ferc.gov/docs-filing/elibrary.asp using
the ``eLibrary'' link. Enter the docket number (e.g., CD14-20-000) in
the docket number field to access the document. For assistance, call
toll-free 1-866-208-3676 or email<EMAIL_ADDRESS>For TTY,
call<PHONE_NUMBER>.

    Dated: May 29, 2014.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2014-12934 Filed 6-3-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 131 (Tuesday, July 9, 2013)]
[Notices]
[Page 41074]
[FR Doc No: 2013-16468]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4086-DR; Docket ID FEMA-2013-0001]

New Jersey; Amendment No. 9 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster for the
State of New Jersey (FEMA-4086-DR), dated October 30, 2012, and related
determinations.

DATES: Effective Date: June 25, 2013.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated June 25, 2013, the President amended the cost-sharing
arrangements regarding Federal funds provided under the authority of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42
U.S.C. 5121 et seq. (the ``Stafford Act''), in a letter to W. Craig
Fugate, Administrator, Federal Emergency Management Agency, Department
of Homeland Security, under Executive Order 12148, as follows:

    I have determined that the damage in certain areas of the State
of New Jersey resulting from Hurricane Sandy during the period of
October 26 to November 8, 2012, is of sufficient severity and
magnitude that special cost sharing arrangements are warranted
regarding Federal funds provided under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq.
(the ``Stafford Act'').
    Therefore, I amend my declaration of October 30, 2012, as
previously amended, to authorize Federal funds for all categories of
Public Assistance at 90 percent of total eligible costs, except
assistance previously designated at 100 percent Federal share.
    This adjustment to State and local cost sharing applies only to
Public Assistance costs and direct Federal assistance eligible for
such adjustments under the law. The Robert T. Stafford Disaster
Relief and Emergency Assistance Act specifically prohibits a similar
adjustment for funds provided for Other Needs Assistance (Section
408) and the Hazard Mitigation Grant Program (Section 404). These
funds will continue to be reimbursed at 75 percent of total eligible
costs.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households in
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050 Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.)

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2013-16468 Filed 7-8-13; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 80, Number 38 (Thursday, February 26, 2015)]
[Notices]
[Page 10474]
[FR Doc No: 2015-03999]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP13-193-000]

Aguirre Offshore GasPort, LLC; Notice of Availability of the
Final Environmental Impact Statement for the Proposed Aguirre Offshore
Gasport Project

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) has prepared a final environmental impact statement (EIS)
for the Aguirre Offshore GasPort Project (Project), proposed by Aguirre
Offshore GasPort, LLC (Aguirre LLC), a wholly owned subsidiary of
Excelerate Energy, LP in the above-referenced docket. Aguirre LLC is
seeking authorization from the FERC to develop, construct, and operate
a liquefied natural gas (LNG) import terminal off the southern coast of
Puerto Rico.
    The final EIS assesses the potential environmental effects of the
construction and operation of the Aguirre Offshore GasPort Project in
accordance with the requirements of the National Environmental Policy
Act (NEPA). Construction and operation of the Project would result in
mostly temporary and short-term environmental impacts; however, some
long-term and permanent environmental impacts would occur. The FERC
staff concluded that approval of the proposed Project, with the
mitigation measures recommended in the EIS, would result in limited
adverse environmental impacts.
    The U.S. Environmental Protection Agency (EPA), U.S. Coast Guard,
U.S. Department of Transportation, U.S. Department of Energy, U.S.
Department of Agriculture, Puerto Rico Permits Management Office,
Puerto Rico Environmental Quality Board, Puerto Rico Planning Board,
Puerto Rico Department of Natural and Environmental Resources, and
Puerto Rico Department of Health participated as cooperating agencies
in the preparation of the EIS. Cooperating agencies have jurisdiction
by law or special expertise with respect to resources potentially
affected by the proposal, and participate in the NEPA analysis. In
addition, other federal, state, and local agencies may use this EIS in
approving or issuing permits for all or part of the proposed Project.
Although the cooperating agencies provided input to the conclusions and
recommendations presented in the final EIS, the agencies will present
their own conclusions and recommendations in their respective Records
of Decision for the Project.
    The U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service,
and National Oceanic and Atmospheric Administration, National Marine
Fisheries Service also provided assistance in preparing this EIS as
permitting and consulting agencies.
    The Project is being developed in cooperation with the Puerto Rico
Electric Power Authority (PREPA) for the purpose of receiving, storing,
and regasifying the LNG to be acquired by PREPA; and delivering natural
gas to PREPA's existing Aguirre Power Complex (Aguirre Plant) in
Salinas, Puerto Rico. The Project will help diversify Puerto Rico's
energy sources, allow the Aguirre Plant to meet the EPA's Mercury and
Air Toxics Standard rule, reduce fuel oil barge traffic in Jobos Bay,
and contribute to price stabilization for power in the region. The
final EIS addresses the potential environmental effects of the
construction and operation of the following Project facilities:
     An offshore berthing platform;
     an offshore marine LNG receiving facility;
     a Floating Storage and Regasification Unit moored at the
offshore berthing platform;
     visiting LNG carriers; and
     a 4.0-mile-long (6.4 kilometer) subsea pipeline connecting
the Offshore GasPort to the Aguirre Plant.
    The FERC staff mailed copies of the final EIS to federal, state,
and local government representatives and agencies; elected officials;
environmental and public interest groups; other interested individuals
and groups; newspapers and libraries in the Project area; and parties
to this proceeding. The final EIS was also translated in Spanish. Paper
copy versions of this EIS in English were mailed to those specifically
requesting them; all others received a CD version. To accommodate
translation, paper copy and CD versions of this EIS in Spanish are
scheduled to be mailed out about two weeks after the English version.
In addition, the final EIS is available for public viewing on the
FERC's Web site (www.ferc.gov) using the eLibrary link. A limited
number of copies are available for distribution and public inspection
at: Federal Energy Regulatory Commission, Public Reference Room, 888
First Street NE., Room 2A, Washington, DC 20426,<PHONE_NUMBER>.
    Additional information about the Project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC (www.ferc.gov) using the eLibrary link. Click on the eLibrary
link, click on ``General Search,'' and enter the docket number
excluding the last three digits in the Docket Number field (i.e., CP13-
193). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>; for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription that allows you to keep track of all formal issuances and
submittals in specific dockets. This can reduce the amount of time you
spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to http://www.ferc.gov/docs-filing/esubscription.asp.

    Dated: February 20, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-03999 Filed 2-25-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 102 (Friday, May 25, 2012)]
[Notices]
[Pages 31408-31409]
[FR Doc No: 2012-12725]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

Extension:
    Rules 17h-1T and 17h-2T, SEC File No. 270-359, OMB Control No.
3235-0410.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.) (``PRA''), the Securities and Exchange
Commission

(``Commission'') is soliciting comments on the existing collection of
information provided for in Rules 17h-1T and 17h-2T (17 CFR 240.17h-1T
and 17 CFR 240.17h-2T), under the Securities Exchange Act of 1934 (17
U.S.C. 78a et seq.). The Commission plans to submit this existing
collection of information to the Office of Management and Budget
(``OMB'') for extension and approval.
    Rule 17h-1T requires a broker-dealer to maintain and preserve
records and other information concerning certain entities that are
associated with the broker-dealer. This requirement extends to the
financial and securities activities of the holding company, affiliates
and subsidiaries of the broker-dealer that are reasonably likely to
have a material impact on the financial or operational condition of the
broker-dealer. Rule 17h-2T requires a broker-dealer to file with the
Commission quarterly reports and a cumulative year-end report
concerning the information required to be maintained and preserved
under Rule 17h-1T.
    The collection of information required by Rules 17h-1T and 17h-2T,
collectively referred to as the ``risk assessment rules'' is necessary
to enable the Commission to monitor the activities of a broker-dealer
affiliate whose business activities are reasonably likely to have a
material impact on the financial and operational condition of the
broker-dealer. Without this information, the Commission would be unable
to assess the potentially damaging impact of the affiliate's activities
on the broker-dealer.
    There are currently 275 respondents that must comply with Rules
17h-1T and 17h-2T. Each of these 275 respondents requires approximately
10 hours per year, or 2.5 hours per quarter, to maintain the records
required under Rule 17h-1T, for an aggregate annual burden of 2750
hours (275 respondents x 10 hours). In addition, each of these 275
respondents must make five annual responses under Rule 17h-2T. These
five responses require approximately 14 hours per respondent per year,
or 3.5 hours per quarter, for an aggregate annual burden of 3,850 hours
(275 respondents x 14 hours).
    In addition, there are approximately twenty-five new respondents
per year that must draft an organizational chart required under Rule
17h-1T and establish a system for complying with the risk assessment
rules. The staff estimates that drafting the required organizational
chart requires one hour and establishing a system for complying with
the risk assessment rules requires three hours, thus requiring an
aggregate of 100 hours (25 new respondents x 4 hours). Thus, the total
compliance burden per year is approximately 6,700 burden hours (2,750 +
3,850 + 100).
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the Commission, including whether the information will
have practical utility; (b) the accuracy of the Commission's estimate
of the burden of the collection of information; (c) ways to enhance the
quality, utility, and clarity of the information collected; and (d)
ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.
    The Commission may not conduct or sponsor a collection of
information unless it displays a currently valid OMB control number. No
person shall be subject to any penalty for failing to comply with a
collection of information subject to the PRA that does not display a
valid OMB control number.
    Please direct your written comments to: Thomas Bayer, Director/
Chief Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 6432 General Green Way, Alexandria, Virginia 22312 or
send an email to<EMAIL_ADDRESS>
    Dated: May 21, 2012.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-12725 Filed 5-24-12; 8:45 am]
BILLING CODE 8011-01-P