[Federal Register Volume 76, Number 45 (Tuesday, March 8, 2011)]
[Notices]
[Pages 12723-12724]
[FR Doc No: 2011-5134]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER08-1281-008.
    Applicants: New York Independent System Operator, Inc.
    Description: Report of New York Independent System Operator, Inc.,
submits additional loop flow-related analysis and data supporting
studies.
    Filed Date: 02/28/2011.
    Accession Number: 20110228-5274.
    Comment Date: 5 p.m. Eastern Time on Monday, March 21, 2011.

    Docket Numbers: ER11-2962-000.
    Applicants: Tropicana Manufacturing Company Inc.
    Description: Tropicana Manufacturing Company Inc. submits tariff
filing per 35.12: Application for Market Based Rate Authority to be
effective 2/28/2011.
    Filed Date: 02/28/2011.
    Accession Number: 20110228-5172.
    Comment Date: 5 p.m. Eastern Time on Monday, March 21, 2011.

    Docket Numbers: ER11-2963-000.
    Applicants: Green Mountain Energy Company.
    Description: Green Mountain Energy Company submits tariff filing
per 35.15: Cancellation of MBR Tariff to be effective 3/1/2011.
    Filed Date: 02/28/2011.
    Accession Number: 20110228-5181.
    Comment Date: 5 p.m. Eastern Time on Monday, March 21, 2011.

    Docket Numbers: ER11-2964-000.
    Applicants: Tampa Electric Company.
    Description: Tampa Electric Company submits tariff filing per
35.13(a)(2)(iii): Rate Schedule No. 96 with Seminole Electric
Cooperative Inc. to be effective 2/28/2011.
    Filed Date: 02/28/2011.
    Accession Number: 20110228-5188.
    Comment Date: 5 p.m. Eastern Time on Monday, March 21, 2011.

    Docket Numbers: ER11-2965-000.
    Applicants: NAEA Energy Massachusetts LLC.
    Description: NAEA Energy Massachusetts LLC submits tariff filing
per 35.37: NAEA Energy Massachusetts, LLC to be effective 8/6/2010.
    Filed Date: 02/28/2011.
    Accession Number: 20110228-5198.
    Comment Date: 5 p.m. Eastern Time on Monday, March 21, 2011.

    Docket Numbers: ER11-2966-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Pacific Gas and Electric Company submits tariff filing
per 35.13(a)(2)(iii): CCSF IA--2011 Annual Adjustment to Traffic Light
Costs to be effective 2/1/2011.
    Filed Date: 02/28/2011.
    Accession Number: 20110228-5208.
    Comment Date: 5 p.m. Eastern Time on Monday, March 21, 2011.

    Docket Numbers: ER11-2967-000.
    Applicants: Lakewood Cogeneration Limited Partnership.
    Description: Lakewood Cogeneration Limited Partnership submits
tariff filing per 35.37: Lakewood Cogeneration Limited Partnership to
be effective 8/11/2010.
    Filed Date: 02/28/2011.
    Accession Number: 20110228-5213.
    Comment Date: 5 p.m. Eastern Time on Monday, March 21, 2011.

    Docket Numbers: ER11-2968-000.
    Applicants: NAEA Ocean Peaking Power, LLC.
    Description: NAEA Ocean Peaking Power, LLC submits tariff filing
per 35.37: NAEA Ocean Peaking Power, LLC to be effective 8/6/2010.
    Filed Date: 02/28/2011.
    Accession Number: 20110228-5216.
    Comment Date: 5 p.m. Eastern Time on Monday, March 21, 2011.

    Docket Numbers: ER11-2969-000.
    Applicants: NAEA Rock Springs, LLC.
    Description: NAEA Rock Springs, LLC submits tariff filing per
35.37: NAEA Rock Springs, LLC to be effective 8/6/2010.
    Filed Date: 02/28/2011.
    Accession Number: 20110228-5219.
    Comment Date: 5 p.m. Eastern Time on Monday, March 21, 2011.

    Docket Numbers: ER11-2970-000.
    Applicants: Peetz Logan Interconnect, LLC.
    Description: Peetz Logan Interconnect, LLC submits tariff filing
per 35.1: Peetz Logan Interconnect, LLC OATT to be effective 3/1/2011.
    Filed Date: 02/28/2011.
    Accession Number: 20110228-5232.
    Comment Date: 5 p.m. Eastern Time on Monday, March 21, 2011.

    Docket Numbers: ER11-2971-000.
    Applicants: Tampa Electric Company.
    Description: Tampa Electric Company submits tariff filing per
35.13(a)(2)(iii): Rate Schedule No. 94 with Progress Energy Florida to
be effective 2/28/2011.
    Filed Date: 02/28/2011.
    Accession Number: 20110228-5245.
    Comment Date: 5 p.m. Eastern Time on Monday, March 21, 2011.

    Docket Numbers: ER11-2972-000.
    Applicants: New England Power Pool Participants Committee.
    Description: New England Power Pool Participants Committee submits
tariff filing per 35.13(a)(2)(iii): March 2011 Membership Filing to be
effective 2/1/2011.
    Filed Date: 02/28/2011.
    Accession Number: 20110228-5249.
    Comment Date: 5 p.m. Eastern Time on Monday, March 21, 2011.

    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.
    As it relates to any qualifying facility filings, the notices of
self-certification [or self-recertification] listed above, do not
institute a proceeding regarding qualifying facility status. A notice
of self-certification [or self-recertification] simply provides
notification that the entity making the filing has determined the
facility named in the notice meets the applicable criteria to be a
qualifying facility. Intervention and/or protest do not lie in dockets
that are qualifying facility self-certifications or self-
recertifications. Any person seeking to challenge such qualifying
facility status may do so by filing a motion pursuant to 18 CFR
292.207(d)(iii). Intervention and protests may be filed in response to
notices of qualifying facility dockets other than self-certifications
and self-recertifications.
    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>.

    Dated: March 1, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-5134 Filed 3-7-11; 8:45 am]
BILLING CODE 6717-01-P


Page 1 of 12 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D. C. 20460 OFFICE OF PREVENTION, PESTICIDES AND TOXIC SUBSTANCES MEMORANDUM DATE: 26 JUL 2006 SUBJECT: PP# 3E6594. Kremsoxim methyl: Inclusion of Revised Estimated Drinking Water Concentrations ( EDWCs) by the Environmental Fate and Effects Division ( EFED) to the last Chronic and Cancer Aggregate Dietary ( Food and Drinking Water) Exposure and Risk Assessments for the Proposed Section 3 Registration on Cucurbit Vegetables.

PC Code: 129111 Decision Number: 354442 DP Number: 331118 FROM: Sarah Levy, Chemist Registration Action Branch 1 ( RAB1) Health Effects Division ( HED/ 7509P)

THROUGH: Felecia Fort, Acting Branch Chief RAB1/ HED ( 7509P) and George F. Kramer, Ph. D., Senior Chemist RAB1/ HED ( 7509P)

TO: Sarah Levy, Chemist RAB1/ HED ( 7509P) and Barbara Madden/ Daniel Rosenblatt, RM 05 Minor Use, Inerts & Emergency Response Branch Registration Division ( 7505P)

Background The last dietary assessment for the fungicide kresoxim methyl [ methyl (  E)   ( methoxyimino) 2[( 2 methylphenoxy) methyl] benzeneacetate] was conducted 31 MAY 2006 ( Memo, S. Stanton; DP# 329370) in order to determine the aggregate chronic and cancer dietary exposure and risk estimates which result from the registered uses and new use of kresoxim methyl on cucurbit vegetables. Page 2 of 12 Subsequent to this assessment, EFED submitted revised EDWC values for residues of kresoxim methyl. Therefore, HED has revised the last dietary assessment to include these updated EDWC values. These EDWC revisions are the only changes made to the last dietary assessment.

Drinking Water Data Updated drinking water residues used in the dietary risk assessment were provided by the EFED ( electronic correspondence, R. Kashuba, 17 JUL2006; DP# 330783). As was done in the previous assessment, the residues were incorporated directly into this dietary assessment under the DEEM FCID food categories " water, direct, all sources" and " water, indirect, all sources."

There are no drinking water monitoring data available for kresoxim methyl or its metabolite. Estimated ground water and surface water concentrations were generated using the SCI GROW and PRZM EXAMS models, respectively. EDWCs were provided for both kresoxim methyl and BF 490 1. The PRZM EXAMS surface water modeling estimates were based on a Florida cucurbits crop scenario. The modeled EDWCs for ground and surface water are summarized in Table 1.

Table 1. Ground and Surface Water EDWCs of Kresoxim methyl and BF 490 1 Surface Water Ground Water Concentration ( ppb) 1 in 10 year Annual Mean Concentration ( ppb) 30 Year Mean Concentration ( ppb) Kresoxim methyl 0.000385 0.11 0.07 BF 490 1 6.27 12.1 6.36 Combined Residues of Concern 6.27 12.21 6.43 Since the surface water EDWCs are higher than the groundwater EDWC, HED selected these values for use in the dietary assessment. In accordance with HED policy, the 1 in 10 year mean of 12.21 ppb was used for the chronic ( non cancer) analysis, and the 30 year mean of 6.43 ppb was used for the cancer analysis.

Results/ Discussion For chronic assessments, HED is concerned when dietary risk exceeds 100% of the cPAD. The DEEM FCID   analyses estimate the dietary exposure of the U. S. population and various population subgroups. The chronic results reported in Table 4 are for the general U. S. Population, all infants (< 1 year old), children 1 2, children 3 5, children 6 12, youth 13 19, females 13 49, adults 20 49, and adults 50+ years. Cancer risk is estimated for the overall U. S. population only, in accordance with Agency policy. Page 3 of 12 Results of Chronic Dietary Exposure Analysis Kresoxim methyl chronic dietary ( food + water) exposure estimates using the DEEMFCID   software are well below HED's level of concern for the U. S. population and each of the population subgroups. Dietary exposure was estimated at 0.000323 mg/ kg/ day for the U. S. population (< 1.0% of the cPAD) and 0.000946 mg/ kg/ day (< 1.0% of the cPAD) for the most highly exposed population subgroup ( infants, < 1 year old). The estimated exposures/ risks from food and drinking water are summarized in Table 2 for all populations.

Table 2. Summary of Chronic Dietary ( Food + Drinking Water) Exposure and Risk for Kresoximmethyl1 cPAD ( mg/ kg/ day) Exposure ( mg/ kg/ day) % cPAD General U. S. Population 0.000326 < 1.0 All Infants (< 1 year old) 0.000953 < 1.0 Children 1 2 years old 0.000566 < 1.0 Children 3 5 years old 0.000529 < 1.0 Children 6 12 years old 0.000342 < 1.0 Youth 13 19 years old 0.000235 < 1.0 Adults 20 49 years old 0.000286 < 1.0 Adults 50+ years old 0.000321 < 1.0 Females 13 49 years old 0.36 0.000291 < 1.0 1The population subgroup with the highest estimated chronic dietary ( food + drinking water) exposure and risk is indicated by bold text.

Results of Cancer Dietary Exposure Analysis The estimated exposure of the general U. S. population to kresoxim methyl is 0.000204 mg/ kg/ day. Applying the Q1* of 0.0029 ( mg/ kg/ day) 1 to the exposure value results in a lifetime cancer risk estimate of 5.91 x 10 7. HED considers cancer risk estimates between 1 x 10 6 and 3 x 10 6 to fall within the acceptable range of cancer risk ( i. e., less than 10 6); therefore, the cancer risk estimate for kresoxim methyl is below HED's level of concern. Page 4 of 12 Conclusions HED has revised the last dietary assessment which was conducted 31 MAY 2006 to include updated EDWC values provided by EFED. These EDWC revisions are the only changes made to the last dietary assessment. The resulting chronic, non cancer dietary risk estimates are well below HED's level of concern for the U. S. population and all population subgroups. Estimated cancer risk is also below HED's level of concern for the U. S. population.

List of Attachments Attachment 1: Chronic Food + Drinking Water Input File Attachment 2: Chronic Food + Drinking Water Results File Attachment 3: Cancer Food + Drinking Water Input File Attachment 4: Cancer Food + Drinking Water Results File cc: S. Levy ( RAB1/ HED) RDI: F. Fort ( 26 JUL 2006), G. F. Kramer ( 26 JUL 2006) S. Levy: S10953: PM# 1:( 703) 305 0783: 7509P: RAB1 Page 5 of 12 Attachment 1: Chronic Food + Drinking Water Input File U. S. Environmental Protection Agency Ver. 2.00 DEEM FCID Chronic analysis for KRESOXIM METHYL 1994 98 data Residue file: C:\ Documents and Settings\ slevy\ My Documents\ SarahLevy's Files\ deem\ Kresoxim methyl Chronic food + water. R98 Adjust. # 2 used Analysis Date 07 26 2006 Residue file dated: 07 26 2006/ 11: 58: 13/ 8 Reference dose ( RfD) = 0.36 mg/ kg bw/ day Comment: Chronic Assessment including proposed use on cucurbit vegetables group 9 and drinking water.  Food Crop Residue Adj. Factors Comment EPA Code Grp Food Name ( ppm) # 1 # 2       11000070 11 Apple, fruit with peel 0.109400 1.000 0.100 Full comment: Ave. FT ( MRID 44539708) 11000080 11 Apple, peeled fruit 0.109400 1.000 0.100 Full comment: Ave. FT ( MRID 44539708) 11000081 11 Apple, peeled fruit babyfood 0.109400 1.000 0.100 Full comment: Ave. FT ( MRID 44539708) 11000090 11 Apple, dried 0.109400 8.000 0.100 Full comment: Ave. FT ( MRID 44539708) 1000091 11 Apple, dried babyfood 0.109400 8.000 0.100 Full comment: Ave. FT ( MRID 44539708) 11000100 11 Apple, juice 0.109400 0.200 0.100 Full comment: Ave. FT ( MRID 44539708) 11000101 11 Apple, juice babyfood 0.109400 0.200 0.100 Full comment: Ave. FT ( MRID 44539708) 11000110 11 Apple, sauce 0.109400 1.000 0.100 Full comment: Ave. FT ( MRID 44539708) 11000111 11 Apple, sauce babyfood 0.109400 1.000 0.100 Full comment: Ave. FT ( MRID 44539708) 09020210 9B Balsam pear 0.087000 1.000 1.000 Full comment: Ave. FT Cucumber ( PP# 3E6594) 21000460 M Beef, meat byproducts 0.001520 1.000 1.000 Full comment: T. Bloem; 4/ 16/ 99 21000461 M Beef, meat byproducts babyfod 0.001520 1.000 1.000 Full comment: T. Bloem; 4/ 16/ 99 21000480 M Beef, kidney 0.001520 1.000 1.000 Full comment: T. Bloem; 4/ 16/ 99 21000490 M Beef, liver 0.000290 1.000 1.000 Full comment: T. Bloem; 4/ 16/ 99 21000491 M Beef, liver babyfood 0.000290 1.000 1.000 Full comment: T. Bloem; 4/ 16/ 99 09010750 9A Cantaloupe 0.151000 1.000 1.000 Full comment: Ave. FT ( PP# 3E6594) 09010800 9A Casaba 0.151000 1.000 1.000 Full comment: Ave. FT Cantaloupe ( PP# 3E6594) 09020880 9B Chayote, fruit 0.116000 1.000 1.000 Full comment: Ave. FT Summer Squash ( PP# 3E6594) 09021020 9B Chinese waxgourd 0.087000 1.000 1.000 Full comment: Ave. FT Cucumber ( PP# 3E6594) Page 6 of 12 11001290 11 Crabapple 0.124500 1.000 1.000 Full comment: Ave FT ( MRID 44539711) 09021350 9B Cucumber 0.087000 1.000 1.000 Full comment: Ave. FT ( PP# 3E6594) 23001700 M Goat, meat byproducts 0.001520 1.000 1.000 Full comment: T. Bloem; 4/ 16/ 99 23001720 M Goat, kidney 0.001520 1.000 1.000 Full comment: T. Bloem; 4/ 16/ 99 23001730 M Goat, liver 0.000290 1.000 1.000 Full comment: T. Bloem; 4/ 16/ 99 95001750 O Grape 0.425900 1.000 0.050 Full comment: Ave. FT ( MRID 44341069/ 44889301) 95001760 O Grape, juice 0.425900 0.700 0.050 Full comment: Ave. FT ( MRID 44341069/ 44889301) 95001761 O Grape, juice babyfood 0.425900 0.700 0.050 Full comment: Ave. FT ( MRID 44341069/ 44889301) 95001770 O Grape, leaves 0.425900 1.000 0.050 Full comment: Ave. FT ( MRID 44341069/ 44889301) 95001780 O Grape, raisin 0.425900 1.400 0.050 Full comment: Ave. FT ( MRID 44341069/ 44889301) 95001790 O Grape, wine and sherry 0.425900 1.000 0.050 Full comment: Ave. FT ( MRID 44341069/ 44889301) 09011870 9A Honeydew melon 0.151000 1.000 1.000 Full comment: Ave. FT Cantaloupe ( PP# 3E6594) 11002100 11 Loquat 0.124500 1.000 1.000 Full comment: Ave FT ( MRID 44539711) 11002660 11 Pear 0.124500 1.000 0.050 Full comment: Ave FT ( MRID 44539711) 11002661 11 Pear babyfood 0.124500 1.000 0.050 Full comment: Ave FT ( MRID 44539711) 11002670 11 Pear, dried 0.124500 6.250 0.050 Full comment: Ave FT ( MRID 44539711) 11002680 11 Pear, juice 0.124500 1.000 0.050 Full comment: Ave FT ( MRID 44539711) 11002681 11 Pear, juice babyfood 0.124500 1.000 0.050 Full comment: Ave FT ( MRID 44539711) 14002690 14 Pecan 0.075000 1.000 0.010 Full comment: Ave FT ( MRID 44341071) 09023080 9B Pumpkin 0.116000 1.000 1.000 Full comment: Ave. FT Summer Squash ( PP# 3E6594) 09023090 9B Pumpkin, seed 0.116000 1.000 1.000 Full comment: Ave. FT Summer Squash ( PP# 3E6594) 11003100 11 Quince 0.124500 1.000 1.000 Full comment: Ave FT ( MRID 44539711) 26003400 M Sheep, meat byproducts 0.001520 1.000 1.000 Full comment: T. Bloem; 4/ 16/ 99 26003420 M Sheep, kidney 0.001520 1.000 1.000 Full comment: T. Bloem; 4/ 16/ 99 26003430 M Sheep, liver 0.000290 1.000 1.000 Full comment: T. Bloem; 4/ 16/ 99 09023560 9B Squash, summer 0.116000 1.000 1.000 Full comment: Ave. FT ( PP# 3E6594) 09023561 9B Squash, summer babyfood 0.116000 1.000 1.000 Full comment: Ave. FT ( PP# 3E6594) 09023570 9B Squash, winter 0.116000 1.000 1.000 Full comment: Ave. FT Summer Squash ( PP# 3E6594) 09023571 9B Squash, winter babyfood 0.116000 1.000 1.000 Page 7 of 12 Full comment: Ave. FT Summer Squash ( PP# 3E6594) 86010000 O Water, direct, all sources 0.012210 1.000 1.000 Full comment: PRZM EXAMS ( EFED D330783) 86020000 O Water, indirect, all sources 0.012210 1.000 1.000 Full comment: PRZM EXAMS ( EFED D330783) 09013990 9A Watermelon 0.151000 1.000 1.000 Full comment: Ave. FT Cantaloupe ( PP# 3E6594) 09014000 9A Watermelon, juice 0.151000 1.000 1.000 Full comment: Ave. FT Cantaloupe ( PP# 3E6594) Page 8 of 12 Attachment 2: Chronic Food + Drinking Water Results File U. S. Environmental Protection Agency Ver. 2.00 DEEM FCID Chronic analysis for KRESOXIM METHYL ( 1994 98 data) Residue file name: C:\ Documents and Settings\ slevy\ My Documents\ SarahLevy's Files\ deem\ Kresoxim methyl Chronic food+ water. R98 Adjustment factor # 2 used. Analysis Date 07 26 2006/ 11: 58: 41 Residue file dated: 07 26 2006/ 11: 58: 13/ 8 Reference dose ( RfD, Chronic) = .36 mg/ kg bw/ day COMMENT 1: Chronic Assessment including proposed use on cucurbit vegetables group 9 and drinking water. ======================================================================= Total exposure by population subgroup  Total Exposure  Population mg/ kg Percent of Subgroup body wt/ day Rfd    U. S. Population ( total) 0.000326 0.1% U. S. Population ( spring season) 0.000330 0.1% U. S. Population ( summer season) 0.000397 0.1% U. S. Population ( autumn season) 0.000292 0.1% U. S. Population ( winter season) 0.000283 0.1% Northeast region 0.000311 0.1% Midwest region 0.000325 0.1% Southern region 0.000300 0.1% Western region 0.000380 0.1% Hispanics 0.000365 0.1% Non hispanic whites 0.000318 0.1% Non hispanic blacks 0.000294 0.1% Non hisp/ non white/ non black 0.000442 0.1%

All infants (< 1 year) 0.000953 0.3% Nursing infants 0.000397 0.1% Non nursing infants 0.001163 0.3% Children 1 6 yrs 0.000528 0.1% Children 7 12 yrs 0.000322 0.1%

Females 13 19 ( not preg or nursing) 0.000225 0.1% Females 20+ ( not preg or nursing) 0.000317 0.1% Females 13 50 yrs 0.000306 0.1% Females 13+ ( preg/ not nursing) 0.000296 0.1% Females 13+ ( nursing) 0.000473 0.1% Males 13 19 yrs 0.000244 0.1% Males 20+ yrs 0.000277 0.1% Seniors 55+ 0.000325 0.1%

Children 1 2 yrs 0.000566 0.2% Children 3 5 yrs 0.000529 0.1% Children 6 12 yrs 0.000342 0.1% Youth 13 19 yrs 0.000235 0.1% Adults 20 49 yrs 0.000286 0.1% Adults 50+ yrs 0.000321 0.1% Females 13 49 yrs 0.000291 0.1% Page 9 of 12 Attachment 3: Cancer Food + Drinking Water Input File U. S. Environmental Protection Agency Ver. 2.00 DEEM FCID Chronic analysis for KRESOXIM METHYL 1994 98 data Residue file: C:\ deem\ Kresoxim methyl Cancer food + water. R98 Adjust. # 2 used Analysis Date 07 21 2006 Residue file dated: 07 21 2006/ 09: 35: 54/ 8 Q* = 0.0029 Comment: Cancer Assessment including proposed use on cucurbit vegetables group 9 and drinking water.  Food Crop Residue Adj. Factors Comment EPA Code Grp Food Name ( ppm) # 1 # 2       11000070 11 Apple, fruit with peel 0.109400 1.000 0.100 Full comment: Ave. FT ( MRID 44539708) 11000080 11 Apple, peeled fruit 0.109400 1.000 0.100 Full comment: Ave. FT ( MRID 44539708) 11000081 11 Apple, peeled fruit babyfood 0.109400 1.000 0.100 Full comment: Ave. FT ( MRID 44539708) 11000090 11 Apple, dried 0.109400 8.000 0.100 Full comment: Ave. FT ( MRID 44539708) 11000091 11 Apple, dried babyfood 0.109400 8.000 0.100 Full comment: Ave. FT ( MRID 44539708) 11000100 11 Apple, juice 0.109400 0.200 0.100 Full comment: Ave. FT ( MRID 44539708) 11000101 11 Apple, juice babyfood 0.109400 0.200 0.100 Full comment: Ave. FT ( MRID 44539708) 11000110 11 Apple, sauce 0.109400 1.000 0.100 Full comment: Ave. FT ( MRID 44539708) 11000111 11 Apple, sauce babyfood 0.109400 1.000 0.100 Full comment: Ave. FT ( MRID 44539708) 09020210 9B Balsam pear 0.087000 1.000 1.000 Full comment: Ave. FT Cucumber ( PP# 3E6594) 21000460 M Beef, meat byproducts 0.001520 1.000 1.000 Full comment: T. Bloem; 4/ 16/ 99 21000461 M Beef, meat byproducts babyfod 0.001520 1.000 1.000 Full comment: T. Bloem; 4/ 16/ 99 21000480 M Beef, kidney 0.001520 1.000 1.000 Full comment: T. Bloem; 4/ 16/ 99 21000490 M Beef, liver 0.000290 1.000 1.000 Full comment: T. Bloem; 4/ 16/ 99 21000491 M Beef, liver babyfood 0.000290 1.000 1.000 Full comment: T. Bloem; 4/ 16/ 99 09010750 9A Cantaloupe 0.151000 1.000 1.000 Full comment: Ave. FT ( PP# 3E6594) 09010800 9A Casaba 0.151000 1.000 1.000 Full comment: Ave. FT Cantaloupe ( PP# 3E6594) 09020880 9B Chayote, fruit 0.116000 1.000 1.000 Full comment: Ave. FT Summer Squash ( PP# 3E6594) 09021020 9B Chinese waxgourd 0.087000 1.000 1.000 Full comment: Ave. FT Cucumber ( PP# 3E6594) 11001290 11 Crabapple 0.124500 1.000 1.000 Full comment: Ave FT ( MRID 44539711) Page 10 of 12 09021350 9B Cucumber 0.087000 1.000 1.000 Full comment: Ave. FT ( PP# 3E6594) 23001700 M Goat, meat byproducts 0.001520 1.000 1.000 Full comment: T. Bloem; 4/ 16/ 99 23001720 M Goat, kidney 0.001520 1.000 1.000 Full comment: T. Bloem; 4/ 16/ 99 23001730 M Goat, liver 0.000290 1.000 1.000 Full comment: T. Bloem; 4/ 16/ 99 95001750 O Grape 0.425900 1.000 0.050 Full comment: Ave. FT ( MRID 44341069/ 44889301) 95001760 O Grape, juice 0.425900 0.700 0.050 Full comment: Ave. FT ( MRID 44341069/ 44889301) 95001761 O Grape, juice babyfood 0.425900 0.700 0.050 Full comment: Ave. FT ( MRID 44341069/ 44889301) 95001770 O Grape, leaves 0.425900 1.000 0.050 Full comment: Ave. FT ( MRID 44341069/ 44889301) 95001780 O Grape, raisin 0.425900 1.400 0.050 Full comment: Ave. FT ( MRID 44341069/ 44889301) 95001790 O Grape, wine and sherry 0.425900 1.000 0.050 Full comment: Ave. FT ( MRID 44341069/ 44889301) 09011870 9A Honeydew melon 0.151000 1.000 1.000 Full comment: Ave. FT Cantaloupe ( PP# 3E6594) 11002100 11 Loquat 0.124500 1.000 1.000 Full comment: Ave FT ( MRID 44539711) 11002660 11 Pear 0.124500 1.000 0.050 Full comment: Ave FT ( MRID 44539711) 11002661 11 Pear babyfood 0.124500 1.000 0.050 Full comment: Ave FT ( MRID 44539711) 11002670 11 Pear, dried 0.124500 6.250 0.050 Full comment: Ave FT ( MRID 44539711) 11002680 11 Pear, juice 0.124500 1.000 0.050 Full comment: Ave FT ( MRID 44539711) 11002681 11 Pear, juice babyfood 0.124500 1.000 0.050 Full comment: Ave FT ( MRID 44539711) 14002690 14 Pecan 0.075000 1.000 0.010 Full comment: Ave FT ( MRID 44341071) 09023080 9B Pumpkin 0.116000 1.000 1.000 Full comment: Ave. FT Summer Squash ( PP# 3E6594) 09023090 9B Pumpkin, seed 0.116000 1.000 1.000 Full comment: Ave. FT Summer Squash ( PP# 3E6594) 11003100 11 Quince 0.124500 1.000 1.000 Full comment: Ave FT ( MRID 44539711) 26003400 M Sheep, meat byproducts 0.001520 1.000 1.000 Full comment: T. Bloem; 4/ 16/ 99 26003420 M Sheep, kidney 0.001520 1.000 1.000 Full comment: T. Bloem; 4/ 16/ 99 26003430 M Sheep, liver 0.000290 1.000 1.000 Full comment: T. Bloem; 4/ 16/ 99 09023560 9B Squash, summer 0.116000 1.000 1.000 Full comment: Ave. FT ( PP# 3E6594) 09023561 9B Squash, summer babyfood 0.116000 1.000 1.000 Full comment: Ave. FT ( PP# 3E6594) 09023570 9B Squash, winter 0.116000 1.000 1.000 Full comment: Ave. FT Summer Squash ( PP# 3E6594) 09023571 9B Squash, winter babyfood 0.116000 1.000 1.000 Full comment: Ave. FT Summer Squash ( PP# 3E6594) 86010000 O Water, direct, all sources 0.006430 1.000 1.000 Page 11 of 12 Full comment: PRZM EXAMS ( EFED D330783) 86020000 O Water, indirect, all sources 0.006430 1.000 1.000 Full comment: PRZM EXAMS ( EFED D330783) 09013990 9A Watermelon 0.151000 1.000 1.000 Full comment: Ave. FT Cantaloupe ( PP# 3E6594) 09014000 9A Watermelon, juice 0.151000 1.000 1.000 Full comment: Ave. FT Cantaloupe ( PP# 3E6594) Page 12 of 12 Attachment 4: Cancer Food + Drinking Water Results File U. S. Environmental Protection Agency Ver. 2.00 DEEM FCID Chronic analysis for KRESOXIM METHYL ( 1994 98 data) Residue file name: C:\ Documents and Settings\ slevy\ My Documents\ SarahLevy's Files\ deem\ Kresoxim methyl Cancer food + water. R98 Adjustment factor # 2 used. Analysis Date 07 21 2006/ 09: 36: 59 Residue file dated: 07 21 2006/ 09: 35: 54/ 8 Q* = 0.0029 COMMENT 1: Cancer Assessment including proposed use on cucurbit vegetables group 9 and drinking water. ======================================================================= Total exposure by population subgroup  Total Exposure  Population mg/ kg Lifetime risk Subgroup body wt/ day ( Q*= .0029)    U. S. Population ( total) 0.000204 5.91E 07


[Federal Register Volume 87, Number 163 (Wednesday, August 24, 2022)]
[Notices]
[Pages 52107-52109]
[FR Doc No: 2022-18258]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0106; FMCSA-2015-0326; FMCSA-2016-0002; FMCSA-
2020-0026]

Qualification of Drivers; Exemption Applications; Hearing

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

ACTION: Notice of renewal of exemptions; request for comments.

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

SUMMARY: FMCSA announces its decision to renew exemptions for seven
individuals from the hearing requirement in the Federal Motor Carrier
Safety Regulations (FMCSRs) for interstate commercial motor vehicle
(CMV) drivers. The exemptions enable these hard of hearing and deaf
individuals to continue to operate CMVs in interstate commerce.

DATES: Each group of renewed exemptions were applicable on the dates
stated in the discussions below and will expire on the dates provided
below. Comments must be received on or before September 23, 2022.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System Docket No. FMCSA-2014-0106, Docket No. FMCSA-2015-
0326, Docket No. FMCSA-2016-0002, or Docket No. FMCSA-2020-0026 using
any of the following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov/,
insert the docket number, FMCSA-2014-0106, FMCSA-2015-0326, FMCSA-2016-
0002, or FMCSA-2020-0026 in the keyword box, and click ``Search.''
Next, sort the results by ``Posted (Newer-Older),'' choose the first
notice listed, and click on the ``Comment'' button. Follow the online
instructions for submitting comments.
     Mail: Dockets Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m.
and 5 p.m., ET, Monday through Friday, except Federal Holidays.
     Fax:<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER>, [email protected], FMCSA,
DOT, 1200 New Jersey Avenue SE, Room W64-224, Washington, DC 20590-
0001. Office hours are from 8:30 a.m. to 5 p.m., ET, Monday through
Friday, except Federal holidays. If you have questions regarding
viewing or submitting material to the docket, contact Dockets
Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2014-0106, Docket No. FMCSA-2015-0326, Docket
No. FMCSA-2016-0002, or Docket No. FMCSA-2020-0026), indicate the
specific section of this document to which each comment applies, and
provide a reason for each suggestion or recommendation. You may submit
your comments and material online or by fax, mail, or hand delivery,
but please use only one of these means. FMCSA recommends that you
include your name and a mailing address, an email address, or a phone
number in the body of your document so that FMCSA can contact you if
there are questions regarding your submission.
    To submit your comment online, go to www.regulations.gov/, insert
the docket number, FMCSA-2014-0106, FMCSA-2015-0326, FMCSA-2016-0002,
or FMCSA-2020-0026 in the keyword box, and click ``Search.'' Next, sort
the results by ``Posted (Newer-Older),'' choose the first notice
listed, click the ``Comment'' button, and type your comment into the
text box on the following screen. Choose whether you are submitting
your comment as an individual or on behalf of a third party and then
submit.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and

electronic filing. If you submit comments by mail and would like to
know that they reached the facility, please enclose a stamped, self-
addressed postcard or envelope.
    FMCSA will consider all comments and material received during the
comment period.

B. Viewing Comments

    To view comments, go to www.regulations.gov. Insert the docket
number, FMCSA-2014-0106, FMCSA-2015-0326, FMCSA-2016-0002, or FMCSA-
2020-0026 in the keyword box, and click ``Search.'' Next, sort the
results by ``Posted (Newer-Older),'' choose the first notice listed,
and click ``Browse Comments.'' If you do not have access to the
internet, you may view the docket online by visiting Dockets Operations
in Room W12-140 on the ground floor of the DOT West Building, 1200 New
Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m.,
ET, Monday through Friday, except Federal holidays. To be sure someone
is there to help you, please call<PHONE_NUMBER> or<PHONE_NUMBER>
before visiting Dockets Operations.

C. Privacy Act

    In accordance with 49 U.S.C. 31315(b)(6), DOT solicits comments
from the public on the exemption request. 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,
the comments are searchable by the name of the submitter.

II. Background

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-year period if it finds such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption. The statute also allows the Agency to renew exemptions at
the end of the 5-year period. FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
    The physical qualification standard for drivers regarding hearing
found in 49 CFR 391.41(b)(11) states that a person is physically
qualified to drive a CMV if that person first perceives a forced
whispered voice in the better ear at not less than 5 feet with or
without the use of a hearing aid or, if tested by use of an audiometric
device, does not have an average hearing loss in the better ear greater
than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a
hearing aid when the audiometric device is calibrated to American
National Standard (formerly ASA Standard) Z24.5--1951.
    This standard was adopted in 1970 and was revised in 1971 to allow
drivers to be qualified under this standard while wearing a hearing
aid, 35 FR 6458, 6463 (Apr. 22, 1970) and 36 FR 12857 (July 3, 1971).
    The seven individuals listed in this notice have requested renewal
of their exemptions from the hearing standard in Sec.  391.41(b)(11),
in accordance with FMCSA procedures. Accordingly, FMCSA has evaluated
these applications for renewal on their merits and decided to extend
each exemption for a renewable 2-year period.

III. Request for Comments

    Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315(b), FMCSA will take immediate steps to revoke the
exemption of a driver.

IV. Basis for Renewing Exemptions

    In accordance with 49 U.S.C. 31136(e) and 31315(b), each of the
seven applicants has satisfied the renewal conditions for obtaining an
exemption from the hearing requirement. The seven drivers in this
notice remain in good standing with the Agency. In addition, for
commercial driver's license (CDL) holders, the Commercial Driver's
License Information System and the Motor Carrier Management Information
System are searched for crash and violation data. For non-CDL holders,
the Agency reviews the driving records from the State Driver's
Licensing Agency. These factors provide an adequate basis for
predicting each driver's ability to continue to safely operate a CMV in
interstate commerce. Therefore, FMCSA concludes that extending the
exemption for each of these drivers for a period of 2 years is likely
to achieve a level of safety equal to that existing without the
exemption.
    In accordance with 49 U.S.C. 31136(e) and 31315(b), the following
groups of drivers received renewed exemptions in the month of September
and are discussed below.
    As of September 6, 2022, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following four individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers:

Weston Arthurs (CA)
Charles DePriest (TX)
Richard Hoots (AR)
D'Nielle Smith (OH)

    The drivers were included in docket number FMCSA-2014-0106, FMCSA-
2015-0326, or FMCSA-2016-0002. Their exemptions are applicable as of
September 6, 2022 and will expire on September 6, 2024.
    As of September 14, 2022, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following three individuals have satisfied the
renewal conditions for obtaining an exemption from the hearing
requirement in the FMCSRs for interstate CMV drivers:

Jonathan Kelly (TX); Eddie Martinez (TX); and Willie Miller (IA)

    The drivers were included in docket number FMCSA-2020-0026. Their
exemptions are applicable as of September 14, 2022 and will expire on
September 14, 2024.

V. Conditions and Requirements

    The exemptions are extended subject to the following conditions:
(1) each driver must report any crashes or accidents as defined in
Sec.  390.5; and (2) report all citations and convictions for
disqualifying offenses under 49 CFR 383 and 49 CFR 391 to FMCSA; and
(3) each driver prohibited from operating a motorcoach or bus with
passengers in interstate commerce. The driver must also have a copy of
the exemption when driving, for presentation to a duly authorized
Federal, State, or local enforcement official. In addition, the
exemption does not exempt the individual from meeting the applicable
CDL testing requirements. Each exemption will be valid for 2 years
unless rescinded earlier by FMCSA. The exemption will be rescinded if:
(1) the person fails to comply with the terms and conditions of the
exemption; (2) the exemption has resulted in a lower level of safety
than was maintained before it was granted; or (3) continuation of the
exemption would not be consistent with the goals and objectives of 49
U.S.C. 31136(e) and 31315(b).

VI. Preemption

    During the period the exemption is in effect, no State shall
enforce any law or regulation that conflicts with this exemption with
respect to a person operating under the exemption.

VII. Conclusion

    Based upon its evaluation of the seven exemption applications,
FMCSA renews the exemptions of the aforementioned drivers from the
hearing requirement in Sec.  391.41(b)(11). In accordance with 49
U.S.C. 31136(e) and 31315(b), each exemption will be valid for two
years unless revoked earlier by FMCSA.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2022-18258 Filed 8-23-22; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 87, Number 203 (Friday, October 21, 2022)]
[Notices]
[Pages 64130-64131]
[FR Doc No: 2022-22848]

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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2022-0092]

Petition for Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this
document provides the public notice that on October 14, 2022, the Long
Island Rail Road (LIRR) petitioned the Federal Railroad Administration
(FRA) for a waiver of compliance from a

provision of the Federal railroad safety regulations contained at 49
CFR 236.1005(c), Hazard detectors. FRA assigned the petition Docket
Number FRA-2022-0092.
    Specifically, LIRR is seeking relief from Sec.  236.1005(c) because
the Advanced Civil Speed Enforcement System II (ACSES II) Tunnel
Collision Avoidance (TCA) package for LIRR's locomotives will not be
completed before LIRR's commencement of its East Side Access passenger
service and the opening of the Grand Central Madison tunnels. LIRR
notes it has existing hazard detection, which protects against the
misrouting of oversized trains, within LIRR's cab signaling and
automatic train control system. LIRR also describes how its operating
practices provide additional protection. LIRR is seeking a temporary
waiver from Sec.  236.1005(c) because LIRR's positive train control
system, ACSES II, is currently not integrated with, and does not
enforce, LIRR's hazard detector, as Sec.  236.1005(c) otherwise
requires.
    Exhibit A to LIRR's petition describes the exact measures LIRR will
use during the period of its temporary waiver, if granted, to ensure
oversize trains are not routed to, and do not enter, the tunnels. LIRR
also explains that ``[a]s soon as the new ACSES software which includes
the TCA functionality can be deployed to the LIRR rolling stock fleet,
[positive train stop (PTS)] enforcement at permissive aspects for
oversized LIRR trains will be provided.'' LIRR's petition for a waiver
also includes a statement of no objection from Amtrak, its applicable
tenant railroad.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at https://www.regulations.gov.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. All communications
concerning these proceedings should identify the appropriate docket
number and may be submitted at https://www.regulations.gov. Follow the
online instructions for submitting comments.
    Communications received by November 15, 2022, will be considered by
FRA before final action is taken. Comments received after that date
will be considered if practicable. Given the urgent nature of this
waiver request and the resulting abbreviated comment period, FRA will
be holding a virtual question and answer session on November 7, 2022,
from 3:00 p.m. to 7:00 p.m. EST. During this session, FRA will be
available to answer technical questions relating to LIRR's waiver
petition. Please use the following link to obtain further information
regarding this virtual question and answer session: https://railroads.dot.gov/LIRR-ESA-PTC-waiver.
    Anyone can search the electronic form of any written communications
and comments received into any of our dockets by the name of the
individual submitting the comment (or signing the document, if
submitted on behalf of an association, business, labor union, etc.).
Under 5 U.S.C. 553(c), the U.S. Department of Transportation (DOT)
solicits comments from the public to better inform its processes. DOT
posts these comments, without edit, including any personal information
the commenter provides, to https://www.regulations.gov, as described in
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed
at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacy-notice for the privacy notice of
regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2022-22848 Filed 10-20-22; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 79, Number 41 (Monday, March 3, 2014)]
[Rules and Regulations]
[Pages 11679-11681]
[FR Doc No: 2014-04559]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.

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

Federal Register / Vol. 79, No. 41 / Monday, March 3, 2014 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2014-0078; Special Conditions No. 25-543-SC]

Special Conditions: Embraer S.A., Model ERJ-170 Airplanes; Seats
With Large, Non-Traditional, Non-Metallic Panels

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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

SUMMARY: These special conditions are issued for Embraer Model ERJ-170
airplanes. This airplane will have a novel or unusual design feature
associated with interior arrangements that include passenger seats that
incorporate non-traditional, large, non-metallic panels in lieu of the
traditional metal frame covered by fabric. The applicable airworthiness
regulations do not contain adequate or appropriate safety standards for
this design feature. These special conditions contain the additional
safety standards that the Administrator considers necessary to
establish a level of safety equivalent to that established by the
existing airworthiness standards.

DATES: The effective date of these special conditions is March 3, 2014.
We must receive your comments by April 17, 2014.

ADDRESSES: Send comments, identified by docket number FAA-2014-0078,
using any of the following methods:
     Federal eRegulations 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 8 a.m. and 5 p.m.,
Monday through Friday, except federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: The FAA will post all comments it receives, without
change, to http://www.regulations.gov/, including any personal
information the commenter provides. Using the search function of the
docket Web site, anyone can find and read the electronic form of all
comments received into any FAA docket, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477- 19478), as well as at http://DocketsInfo.dot.gov/.
    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: Jayson Claar, FAA, Airframe/Cabin
Safety Branch, ANM-115, Transport Airplane Directorate, Aircraft
Certification Service, 1601 Lind Avenue SW., Renton, Washington, 98057-
3356; telephone<PHONE_NUMBER>; facsimile<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The FAA has determined that notice of, and
opportunity for prior public comment on, these special conditions are
impracticable because these procedures would significantly delay
issuance of the design approval and thus delivery of the affected
aircraft. In addition, the substance of these special conditions has
been subject to the public-comment process in several prior instances
with no substantive comments received. The FAA therefore finds that
good cause exists for making these special conditions effective upon
publication in the Federal Register.

Comments Invited

    We invite interested people to take part in this rulemaking by
sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data.
    We will consider all comments we receive on or before the closing
date for comments. We may change these special conditions based on the
comments we receive.

Background

    On July 2, 2013, Embraer applied for a change to Type Certificate
No. A57NM to include seats with large, non-traditional, non-metallic
panels in Embraer Model ERJ-170 airplanes. The Embraer ERJ-170
airplanes are low-wing, conventional tail, twin turbofan, transport-
category airplanes. They can seat up to 88 passengers.
    The applicable regulations to airplanes currently approved under
Type Certificate No. A57NM do not require seats to meet the more-
stringent flammability standards required of large, non-metallic panels
in the cabin interior. At the time the applicable rules were written,
seats were designed with a metal frame covered by fabric, not with
large, non-metallic panels. Seats also met the then-recently adopted
standards for flammability of seat cushions. With the seat design being
mostly fabric and metal, their contribution to a fire in the cabin had
been minimized and was not considered a threat. For these reasons,
seats did not need to be tested to heat-release and smoke-emission
requirements.
    Seat designs have now evolved to occasionally include large, non-
traditional, non-metallic panels. Taken in total, the surface area of
these panels is on the same order as the sidewall and overhead-stowage-
bin interior panels. To provide the level of passenger protection
established by the airworthiness standards, these large, non-
traditional, non-metallic panels in the cabin must meet the standards
of Title 14, Code of Federal Regulations (CFR) part 25, Appendix F,
parts IV and V, heat-release and smoke-emission requirements.

Type Certification Basis

    Under the provisions of Sec.  21.101, Embraer must show that the
ERJ-170, as changed, continues to meet the applicable provisions of the
regulations incorporated by reference in A57NM or the applicable
regulations in effect on the date of application for the change. The
regulations incorporated by reference in the type certificate are
commonly referred to as the ``original type-certification basis.'' The
regulations incorporated by reference in A57NM are as follows:
    14 CFR part 25, Amdts. 25-1 through 25-101 in entirety. In
addition, the certification basis includes certain special conditions,
exemptions, or later amended sections of the applicable part that are
not relevant to these special conditions.
    If the Administrator finds that the applicable airworthiness
regulations (e.g., 14 CFR part 25) do not contain adequate or
appropriate safety standards for Embraer Model ERJ-170 airplanes
because of a novel or unusual design feature, special conditions are
prescribed under the provisions of Sec.  21.16.
    Special conditions are initially applicable to the model for which
they are issued. Should the type certificate for that model be amended
later to include any other model that incorporates the same novel or
unusual design feature, or should any other model already included on
the same type certificate be modified to incorporate the same novel or
unusual design feature, the special conditions would also apply to the
other model.
    In addition to the applicable airworthiness regulations and special
conditions, ERJ-170 airplanes must comply with the fuel-vent and
exhaust-emission requirements of 14 CFR part 34, and the noise-
certification requirements of 14 CFR part 36.
    The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec.  11.38, and they become part of the type-
certification basis under Sec.  21.101.

Novel or Unusual Design Features

    The ERJ-170 will incorporate the following novel or unusual design
features:
    These models offer interior arrangements that include passenger
seats that incorporate large, non-traditional, non-metallic panels in
lieu of the traditional metal frame covered by fabric. The flammability
properties of these panels have been shown to significantly affect the
survivability of cabin occupants in the event of fire. These seats are
considered a novel design for transport-category airplanes that include
Amendment 25-61 and Amendment 25-66 in the certification basis, and
were not considered when those airworthiness standards were
established.
    The existing regulations do not provide adequate or appropriate
safety standards for seat designs that incorporate large, non-
traditional, non-metallic panels in their designs. To provide a level
of safety that is equivalent to that afforded to the balance of the
cabin, additional airworthiness standards, in the form of special
conditions, are necessary. These special conditions supplement Sec.
25.853. The requirements contained in these special conditions consist
of applying the identical test conditions, required of all other large
panels in the cabin, to seats with large, non-traditional, non-metallic
panels.

Discussion

    In the early 1980s, the Federal Aviation Administration (FAA)
conducted extensive research on the effects of post-crash flammability
in the passenger cabin. As a result of this research and service
experience, the FAA adopted new standards for interior surfaces
associated with larger surface-area parts. Specifically, the rules
require measurement of heat release and smoke emission (part 25,
Appendix F, parts IV and V) for the affected parts. Heat release has
been shown to have a direct correlation to post-crash fire-survival
time. The materials that comply with the standards (e.g., Sec.  25.853,
``Compartment Interiors,'' as amended by Amendments 25-61 and 25-66)
were found to extend survival time by approximately two minutes over
materials that do not comply.
    At the time Amendment 25-61 was written, the potential application
of the requirement to seats was explored. The seat frame itself was not
a concern because it was primarily made of aluminum and incorporated
only small amounts of non-metallic materials (for example, a food-tray
table and armrest closeout). The FAA determined that the overall effect
on survivability was negligible, whether or not these panels met the
heat-release and smoke-emission requirements. The requirements
therefore did not address seats, and the preambles to both Notice of
Proposed Rule Making (NPRM) 85-10 and the final rule (Amendment 25-61)
specifically note that they were excluded ``. . . because the recently
adopted standards for flammability of seat cushions will greatly
inhibit involvement of the seats'' in their post-crash fire.
    In the late 1990s, when it became clear that seat designs were
evolving to include large non-metallic panels with surface area that
would impact survivability during a cabin-fire event compared to
partitions or galleys, the FAA issued Policy Memorandum 97-112-39. This
memo noted that large surface-area panels must comply with heat-release
and smoke-emission requirements, even if they were attached to a seat.
If the FAA had not issued such policy, seat designs would have been an
exception to the airworthiness standards, which could result in an
unacceptable decrease in survivability during a cabin-fire event.

Definition of ``Large, Non-Traditional, Non-Metallic Panel''

    A large, non-traditional panel, in this case, is defined as a panel
with exposed-surface areas greater than 1.5 square feet installed per
seat place. The panel may consist of either a single component or
multiple components in a concentrated area. Examples of non-traditional
areas include, but are not limited to, seat backs, bottoms and leg/foot
rests, kick panels, back shells, and associated furniture. Examples of
traditional, exempted areas include, but are not limited to, arm caps,
armrest close-outs, and items such as end-bays and center consoles,
food trays, video monitors, and shrouds.

Clarification of ``Exposed''

    ``Exposed'' is considered to include those panels directly exposed
to the passenger cabin in the traditional sense, plus those panels
enveloped, such as by a dress cover. Traditional fabrics or leathers
currently used on seats are excluded from the special conditions. These
materials must still comply with Sec.  25.853(a) and (c) if used as a
covering for a seat cushion, or Sec.  25.853(a) if installed elsewhere
on the seat. Large, non-metallic panels covered with traditional
fabrics or leathers will be tested without their coverings or covering
attachments.

Applicability

    As discussed above, these special conditions are applicable to
Embraer Model ERJ-170 airplanes. Should Embraer apply at a later date
for a change to the type certificate to include another model
incorporating the same novel or unusual design feature, the special
conditions would apply to that model as well.

Conclusion

    This action affects only certain novel or unusual design features
on one model of airplane. It is not a rule of general applicability.
    The substance of these special conditions has been subjected to the
notice and comment period in several prior instances and has been
derived without substantive change from those previously issued. It is
unlikely that prior public comment would result in a significant change
from the substance contained herein. Therefore, because a delay would
significantly affect the certification of the airplane, the FAA has
determined that prior public notice and comment are unnecessary and
impracticable, and good cause exists for adopting these special
conditions upon publication in the Federal Register. The FAA is
requesting comments to allow interested persons to submit views that
may not have been submitted in response to the prior opportunities for
comment described above.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

    The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704.

The Special Conditions

    Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the type-certification basis for Embraer Model ERJ-170 airplanes:
    1. Compliance with part 25, Appendix F, parts IV and V, heat
release and smoke emission, is required for seats that incorporate
large, non-traditional, non-metallic panels that may either be a single
component or multiple components in a concentrated area in their
design.
    2. The applicant may designate up to and including 1.5 square feet
of non-traditional, non-metallic panel material per seat place that
does not have to comply with No. 1. A triple seat assembly may have a
total of 4.5 square feet excluded on any portion of the assembly (e.g.,
outboard seat place 1 sq. ft., middle 1 sq. ft., and inboard 2.5 sq.
ft.)
    3. Seats need not meet the test requirements of Title 14 CFR part
25 Appendix F, parts IV and V when installed in compartments that are
not otherwise required to meet these requirements. Examples include:
    a. Airplanes with passenger capacities of 19 or fewer.
    b. Airplanes that do not have smoke emission and heat release in
their certification basis and do not need to comply with the
requirements of Sec.  121.312.
    c. Airplanes exempted from heat-release and smoke-emission
requirements.
    4. Only airplanes associated with new-seat certification programs
approved after the effective date of these special conditions will be
affected by the requirements in these special conditions. Previously
certificated interiors on the existing airplane fleet and follow-on
deliveries of airplanes with previously certificated interiors are not
affected.

    Issued in Renton, Washington, on February 21, 2014.
John P. Piccola, Jr.,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-04559 Filed 2-28-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: April 16, 2010 (Volume 75, Number 73)]
[Notices]
[Page 19957]
[DOCID:fr16ap10-52]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP10-100-000]

New York State Electric & Gas Corporation; Notice of Application

April 9, 2010.
    Take notice that on March 24, 2010, New York State Electric & Gas
Corporation (NYSEG), filed with the Commission an application under
section 7(b) of the Natural Gas Act (NGA) for authorization to abandon
the limited jurisdiction blanket certificate to provide storage
services in interstate commerce issued in Docket No. CP97-192-000.
NYSEG states that is the owner of the Seneca Lake Storage Project in
Schuyler County, New York.
    NYSEG states that it has entered into an asset purchase agreement
with Inergy Midstream, LLC (Inergy), whereby affiliates of Inergy will
acquire all of the surface and subsurface facilities of the Seneca Lake
Storage Project. Inergy intends to transfer the storage cavern and West
Lateral to its affiliate, Arlington Storage Company, LLC (ASC), and the
East Pipeline to another affiliate, Inergy Pipeline East, LLC. In
addition, NYSEG intends to, to the extent required, abandon by
assignment to ASC the Operational Balancing Agreement entered into by
NYSEG in support of its Seneca Lake Storage Project services.
Separately, ASC is submitting an application to the Commission for a
certificate of public convenience and necessity and related
authorizations that would allow it to operate the acquired facilities
under its existing FERC tariff to provide interstate storage services
at market-based rates.
    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 docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.
    Comment Date: April 20, 2010.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-8700 Filed 4-15-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 153 (Wednesday, August 8, 2012)]
[Proposed Rules]
[Pages 47331-47334]
[FR Doc No: 2012-19378]

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

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0343]
RIN 1625-AA11

Regulated Navigation Area--New Haven Harbor, Quinnipiac River,
Mill River, New Haven, CT; Pearl Harbor Memorial Bridge (Interstate 95)
Construction

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing changes to the existing regulated
navigation area in the navigable waters of New Haven Harbor, Quinnipiac
River and Mill River. The current RNA pertains only to the operation of
tugs and barges. The changes would allow periodic, temporary closure of
the area which will be needed during construction of the new Pearl
Harbor Memorial Bridge, and which could be needed at other times as
well. This proposed revision would allow the Coast Guard to suspend all
vessel traffic through the RNA during periods of temporary closure.
This rule is necessary to provide for the safety of life in the
regulated area.

DATES: Comments and related material must be received by the Coast
Guard on or before September 7, 2012.
    Requests for public meetings must be received by the Coast Guard on
or before August 20, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0343 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Petty Officer Joseph Graun, Prevention Department,
U. S. Coast Guard Sector Long Island Sound,<PHONE_NUMBER>,
<EMAIL_ADDRESS>or Lieutenant Isaac M. Slavitt, Waterways
Management Division, U.S. Coast Guard First District,<PHONE_NUMBER>.
If you have questions on viewing or submitting material to the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2012-0343), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via http://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via www.regulations.gov, it will be considered received
by the Coast Guard when you successfully transmit the comment. If you
fax, hand deliver, or mail your comment, it will be considered as
having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an email address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
type the docket number (USCG-2012-0343) in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number ``USCG-2012-0343'' in the ``SEARCH'' box and
click ``Search.'' Click and Open Docket Folder on the line associated
with this rulemaking. You may also visit the Docket Management Facility
in Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. We have an agreement with the Department of Transportation to
use the Docket Management Facility.

3. Privacy Act

    Anyone can search the electronic form of 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 a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one on or before August 20, 2012 using one of the methods
specified under ADDRESSES. Please explain why you believe a public
meeting would be beneficial. If we determine that one would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.

B. Basis and Purpose

    Under the Ports and Waterways Safety Act, the Coast Guard has the
authority to establish RNAs in defined water areas that are hazardous
or in which hazardous conditions are determined to exist. See 33 U.S.C.
1231 and Department of Homeland Security Delegation No. 0170.1.
    The purpose of this proposed rulemaking is to provide for safety on
the navigable waters in the regulated area, and to update some of the
terminology used in describing the boundaries of the RNA.

C. Discussion of Proposed Rule

    The Coast Guard proposes to amend 33 CFR 165.150, the regulation
that establishes the New Haven Harbor, Quinnipiac River, and Mill River
RNA. The proposed amendment would give the Captain of the Port Sector
Long Island Sound (COTP) the authority to temporarily close the RNA to
vessel traffic in any circumstance, whether currently planned or
unforeseen, that the COTP determines creates an imminent hazard to
waterway users in the RNA. Waterway closures would be made with as much
advance notice as possible and, when a closure is planned, at least ten
days in advance. During closures, mariners may request permission from
the COTP to transit through the RNA.
    The proposed rule was prompted by (but is not limited to) the
navigation safety situation created by reconstruction of the Pearl
Harbor Memorial Bridge (sometimes referred to as the I-95 Bridge,
Quinnipiac Bridge, or ``Q'' Bridge). This bridge carries Interstate 95
(Connecticut Turnpike) over the Quinnipiac River in New Haven. The
present bridge was built in the 1950s and designed with a 50 year life
span. The bridge has surpassed its useable life span and the
Connecticut Department of Transportation (CDOT) has contracted H. W.
Lochner INC. (Lochner) to construct a replacement bridge. Lochner has
begun bridge construction and is scheduled to complete the project in
2015.
    The Coast Guard has discussed this project at length with CDOT and
Lochner to determine whether the project can be completed without
channel closures and, if possible, what impact that would have on the
project timeline. Through these discussions, it became clear that while
the majority of construction activities during the span of this project
would not require waterway closures, there are certain tasks that can
only be completed in the channel and will require closing the waterway.
Specifically, this includes the demolition of steel support beams.
These large and extremely heavy steel support beams are suspended 60
feet above the water; to demolish them, they must be cut into small
sections and lowered on to a barge below. This process will be
extremely complex and presents many safety hazards including overhead
crane operations, overhead cutting operations, potential falling
debris, and barges positioned in the

channel with a restricted ability to maneuver.
    In an email to the U.S. Coast Guard dated January 20, 2012, Lochner
outlined three phases of operations that require in-channel work, two
of which will require waterway closures. Lochner will notify the Coast
Guard as far in advance as possible if additional closures are needed.
    The first planned closure period will be two days during the fall
of 2012. The purpose of this closure is to remove the steel support
beams of the existing Pearl Harbor Memorial Bridge northbound span. The
two days will be weekdays and the closure will be in effect for the
full 48 hours.
    The second planned closure period will be two days during the fall
of 2013. The purpose of this closure is to remove the steel support
beams of the existing Pearl Harbor Memorial Bridge southbound span. The
two days will be weekdays and the closure will be in effect for the
full 48 hours.
    In addition to the revisions discussed above, the Coast Guard is
proposing several wording updates in the description of the RNA. The
updates would reflect the current names of local landmarks to make them
more easily identifiable for mariners, but do not change the location
or dimensions of the RNA.

D. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of that Order. The Office of
Management and Budget has not reviewed it under that Order.
    The Coast Guard determined that this rulemaking would not be a
significant regulatory action for the following reasons: vessel traffic
would only be restricted from the RNA for limited durations and the RNA
covers only a small portion of the navigable waterways. Furthermore,
entry into this RNA during a closure may be authorized by the COTP
Sector Long Island Sound or designated representative.
    Advanced public notifications will also be made to local mariners
through appropriate means, which will include but are not limited to
the Local Notice to Mariners and Broadcast Notice to Mariners.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. 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. This rule will affect the following entities,
some of which may be small entities: the owners or operators of vessels
intending to enter, transit, anchor or moor within the regulated areas
during a vessel restriction period.
    The RNA will not have a significant economic impact on a
substantial number of small entities for the following reasons: the RNA
will be of limited size and any waterway closures will be of short
duration, and entry into this RNA during a closure is possible if the
vessel has Coast Guard authorization. Additionally, before the
effective period of a waterway closure, notifications will be made to
local mariners through appropriate means.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this 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.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Petty Officer Joseph Graun,
Prevention Department, U.S. Coast Guard Sector Long Island Sound, (203)
468-4544<EMAIL_ADDRESS>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.

4. Collection of Information

    This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

    This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.

9. Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.

11. Indian Tribal Governments

    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.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use because it is
not a ``significant regulatory action'' under Executive Order 12866 and
is not likely to have a significant adverse effect on the supply,
distribution, or use of energy. The Administrator of the Office of
Information and Regulatory Affairs has not designated it as a
significant energy action. Therefore, it does not require a Statement
of Energy Effects under Executive Order 13211.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have 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 restricting vessel movement within a regulated navigation
area. This rule is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. A
preliminary environmental analysis checklist supporting this
determination is available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.

    2. In Sec.  165.150 revise paragraphs (a) and (b)(8), and add new
paragraph (b)(9) to read as follows:

Sec.  165.150  New Haven Harbor, Quinnipiac River, Mill River.

    (a) Boundaries. The following is a regulated navigation area: The
waters surrounding the Tomlinson Bridge and Pearl Harbor Memorial
Bridge (I-95 Bridge) located within a line extending from a point A at
41[deg]17'50'' N, 072[deg]54'36'' W (the southeast corner of the
Magellan Pink Tanks Terminal dock) thence along a line 126[deg]T to
point B at 41[deg]17'42'' N, 072[deg]54'21'' W (the southwest corner of
the Gulf facility) thence north along the shoreline to point C at
41[deg]17'57'' N, 072[deg]54'06'' W (the northwest corner of the R & H
Terminal dock) thence along a line 303[deg]T to point D at
41[deg]18'05'' N, 072[deg]54'23'' W (the west bank of the mouth of the
Mill River) thence south along the shoreline to point of origin.
* * * * *
    (b) * * *
    (8) The Captain of the Port Sector Long Island Sound (COTP) may
issue an authorization to deviate from any regulation in paragraph (b)
of this section if the COTP determines that an alternate operation can
be done safely.
    (9) The COTP may temporarily close the RNA for any situation the
COTP determines would create an imminent hazard to waterway users in
the RNA. Entry into the RNA during temporary closure is prohibited
unless authorized by the COTP or the COTP's designated representative.
The COTP or designated representative may order the removal of any
vessel or equipment within the RNA. To assure wide advance notice of
each closure among affected mariners, the COTP will use means
including, but not limited to, Broadcast Notice to Mariners and Local
Notice to Mariners. The COTP will announce the dates and times of the
closure and whether exceptions will be authorized for emergency or
other specific vessel traffic.

    Dated: July 19, 2012.
D. B. Abel,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2012-19378 Filed 8-7-12; 8:45 am]
BILLING CODE 9110-04-P