[Federal Register Volume 77, Number 222 (Friday, November 16, 2012)]
[Notices]
[Pages 68800-68801]
[FR Doc No: 2012-27889]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4087-DR; Docket ID FEMA-2012-0002]

Connecticut; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Connecticut (FEMA-4087-DR), dated October 30,
2012, and related determinations.

DATES:  Effective Date: October 30, 2012.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, 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 October 30, 2012, the President issued a major disaster
declaration under the authority of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the
``Stafford Act''), as follows:

    I have determined that the damage in certain areas of the State
of Connecticut resulting from Hurricane Sandy beginning on October
27, 2012, and continuing, is of sufficient severity and magnitude to
warrant a major disaster declaration under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq.
(the ``Stafford Act''). Therefore, I declare that such a major
disaster exists in the State of Connecticut.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Individual Assistance, assistance
for debris removal and emergency protective measures (Categories A
and B), including direct federal assistance, under the Public
Assistance program in the designated areas, Hazard Mitigation
throughout the State, and any other forms of assistance under the
Stafford Act that you deem appropriate subject to completion of
Preliminary Damage Assessments (PDAs).
    Consistent with the requirement that Federal assistance is
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance, Hazard Mitigation, and Other Needs Assistance
will be limited to 75 percent of the total eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The time period prescribed for the implementation of section
310(a), Priority to Certain Applications for Public Facility and Public
Housing Assistance, 42 U.S.C. 5153, shall be for a period not to exceed
six months after the date of this declaration.
    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Albert Lewis, of FEMA is appointed
to act as the Federal Coordinating Officer for this major disaster.
    The following areas of the State of Connecticut have been
designated as adversely affected by this major disaster:

    Fairfield, Middlesex, New Haven, and New London Counties and the
Mashantucket Pequot Tribal Nation and Mohegan Tribal Nation located
within New London County for Individual Assistance.
    Fairfield, Middlesex, New Haven, and New London Counties and the
Mashantucket Pequot Tribal Nation and Mohegan Tribal Nation located
within New London County for debris removal and emergency protective
measures (Categories A and B), including direct federal assistance,
under the Public Assistance program.
    All counties and Indian Tribes in the State of Connecticut are
eligible to apply for assistance under the Hazard Mitigation Grant
Program.

    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. 2012-27889 Filed 11-15-12; 8:45 am]
BILLING CODE 9111-23-P


                                                                      9110-04-P
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2022-0179]
RIN 1625-AA08
Special Local Regulation; St. Mary's River, St. George's Creek, Piney Point, MD
AGENCY:  Coast Guard, DHS.
ACTION:  Notice of proposed rulemaking.
________________________________________________________________________
SUMMARY:  The Coast Guard is proposing to establish temporary special local regulations for certain waters of the St. Mary's River.  This action is necessary to provide for the safety of life on these navigable waters located at Piney Point, MD, during a high-speed power boat demonstration event on June 4, 2022, and June 5, 2022.  This proposed rulemaking would prohibit persons and vessels from being in the regulated area unless authorized by the Captain of the Port, Maryland-National Capital Region or the Coast Guard Event Patrol Commander.  We invite your comments on this proposed rulemaking.
DATES:  Comments and related material must be received by the Coast Guard on or before [INSERT DATE 30 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER].
ADDRESSES:  You may submit comments identified by docket number USCG-2022-0179 using the Federal Decision Making Portal at https://www.regulations.gov.  See the "Public Participation and Request for Comments" portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT:  If you have questions about this proposed rulemaking, call or email MST3 Melissa Kelly, U.S. Coast Guard Sector Maryland-National Capital Region; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>SUPPLEMENTARY INFORMATION:
I.  Table of Abbreviations

CFR			Code of Federal Regulations
COTP			Captain of the Port
DHS			Department of Homeland Security
FR			Federal Register
NPRM			Notice of proposed rulemaking
PATCOM		Coast Guard Patrol Commander
§			Section
U.S.C.			United States Code

II.  Background, Purpose, and Legal Basis
      The Southern Maryland Boat Club of Leonardtown, MD notified the Coast Guard that it will be conducting the Southern Maryland Boat Club Piney Point Rumble on the River Regatta from 8 a.m. to 4 p.m. on June 4, 2022, and from 8 a.m. to 4 p.m. on June 5, 2022.  The high-speed power boat demonstration event consists of approximately 55 participating vintage and historic race boats--including runabouts, v-bottoms, tunnel hulls, and hydroplanes--8 to 21 feet in length.  The vessels will be participating in an exhibition, operating in heats along a marked racetrack-type course 1 mile in length and 200 feet in width, located in the St. George Creek at Piney Point, MD.  The regatta is not a competition, but rather a demonstration of vintage race craft.  Hazards from the high-speed power boat demonstration event include participants operating within and adjacent to designated navigation channels and interfering with vessels intending to operate within those channels, as well as operating near approaches to local public boat landings.  The COTP Maryland-National Capital Region has determined that potential hazards associated with the high-speed power boat event would be a safety concern for anyone intending to participate in this event and for vessels that operate within specified waters of St. George Creek.
      The purpose of this rulemaking is to protect event participants, non-participants, and transiting vessels before, during, and after the scheduled event.  The Coast Guard is proposing this rulemaking under authority in 46 U.S.C. 70041.
III.  Discussion of Proposed Rule
      The COTP Maryland-National Capital Region proposes to establish special local regulations from 7:30 a.m. on June 4, 2022 through 5 p.m. on June 5, 2022.  The regulations would be enforced from 7:30 a.m. to 5 p.m. on June 4, 2022, and from 7:30 a.m. to 5 p.m. on June 5, 2022.  The regulated area would cover all navigable waters of St. George Creek, within an area bounded by a line connecting the following points: from the shoreline at Cedar Point at position latitude 38°09′03.4″ N, longitude 076°29′55.7″ W; thence south along the shoreline to Coade Bar at latitude 38°08′22.5″ N, longitude 076°29′19.9″ W; thence southeast across St. George Creek to Dodson Point at latitude 38°08′03.8″ N, longitude 076°29′44.6″ W; thence north  along the shoreline and the eastern extent of the St. George Island (SR-249) Bridge to Long Bar (at the entrance to St. George Harbor) at latitude 38° 08' 50.6"N, longitude 076° 30' 13.0"W; thence northeast across St. George Creek to and terminating at the point of origin.  The regulated area is approximately 1,750 yards in length and 940 yards in width.
      This proposed rule provides additional information about areas within the regulated area, and their definitions and the restrictions that would apply to mariners.  These areas include "Race Area," "Buffer Area," and "Spectator Area."
      The proposed duration of the special local regulations and size of the regulated area are intended to ensure the safety of life on these navigable waters before, during, and after the high-speed power boat event scheduled to take place from 8 a.m. to 4 p.m. on June 4, 2022, and from 8 a.m. to 4 p.m. on June 5, 2022.  The COTP and the Coast Guard Event PATCOM would have authority to forbid and control the movement of all vessels and persons, including event participants, in the regulated area.  When hailed or signaled by an official patrol, a vessel or person in the regulated area would be required to immediately comply with the directions given by the COTP or Event PATCOM.  If a person or vessel fails to follow such directions, the Coast Guard may expel them from the area, issue them a citation for failure to comply, or both.
      Except for Southern Maryland Boat Club Piney Point Rumble on the River Regatta participants and vessels already at berth, a vessel or person would be required to get permission from the COTP or Event PATCOM before entering the regulated area.  Vessel operators would be able to request permission to enter and transit through the regulated area by contacting the Event PATCOM on VHF-FM channel 16.  Vessel traffic would be able to safely transit the regulated area once the Event PATCOM deems it safe to do so.  A vessel within the regulated area must operate at safe speed that minimizes wake.  A person or vessel not registered with the event sponsor as a participant or assigned as official patrols would be considered a spectator.  Official Patrols are any vessel assigned or approved by the Commander, Coast Guard Sector Maryland-National Capital Region with a commissioned, warrant, or petty officer on board and displaying a Coast Guard ensign.  Official Patrols enforcing this regulated area can be contacted on VHF-FM channel 16 and channel 22A.
      If permission is granted by the COTP or Event PATCOM, a person or vessel would be allowed to enter the regulated area or pass directly through the regulated area as instructed.  Vessels would be required to operate at a safe speed that minimizes wake while within the regulated area in a manner that would not endanger event participants or any other craft.  A spectator vessel must not loiter within the navigable channel while within the regulated area.  Official patrol vessels would direct spectators to the designated spectator area.  Only participant vessels and official patrol vessels would be allowed to enter the race area.  The Coast Guard would publish a notice in the Fifth Coast Guard District Local Notice to Mariners and issue a marine information broadcast on VHF-FM marine band radio announcing specific event dates and times.
      The regulatory text we are proposing appears at the end of this document.
IV.  Regulatory Analyses
      We developed this proposed rule after considering numerous statutes and Executive orders related to rulemaking.  Below we summarize our analyses based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors.
      A.  Regulatory Planning and Review
      Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits.  This NPRM has not been designated a "significant regulatory action," under Executive Order 12866.   Accordingly, the NPRM has not been reviewed by the Office of Management and Budget (OMB).
      This regulatory action determination is based on the size and duration of the regulated area, which would impact a small designated area of St. George Creek for 19 total enforcement hours.  This waterway supports mainly recreational vessel traffic, which at its peak, occurs during the summer season.  Although this regulated area extends across the entire width of the waterway, the rule would allow vessels and persons to seek permission to enter the regulated area, and vessel traffic able to do so safely would be able to transit the regulated area on the eastern portion of the waterway away from the event area as instructed by Event PATCOM.  Such vessels must operate at safe speed that minimizes wake and not loiter within the navigable channel while within the regulated area. Moreover, the Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about the status of the regulated area.
      B.  Impact on Small Entities
      The Regulatory Flexibility Act of 1980, 5 U.S.C. 601 - 612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking.  The term "small entities" comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000.  The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule would not have a significant economic impact on a substantial number of small entities.
      While some owners or operators of vessels intending to transit the regulated area may be small entities, for the reasons stated in section IV.A above, this proposed rule would not have a significant economic impact on any vessel owner or operator.
      If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this proposed rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would economically affect it.
      Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Public Law 104-121), we want to assist small entities in understanding this proposed rule.  If the proposed rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please call or email the person listed in the FOR FURTHER INFORMATION CONTACT section.  The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard.
      C.  Collection of Information
      This proposed rule would not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 - 3520).
      D.  Federalism and Indian Tribal Governments
      A rule has implications for federalism under Executive Order 13132 (Federalism), if it has a substantial direct effect on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government.  We have analyzed this proposed rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132.
      Also, this proposed rule does not have tribal implications under Executive Order 13175 (Consultation and Coordination with Indian Tribal Governments) because it would not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.  If you believe this proposed rule has implications for federalism or Indian tribes, please call or email the person listed in the FOR FURTHER INFORMATION CONTACT section.
      E.  Unfunded Mandates Reform Act
      The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531 - 1538) requires Federal agencies to assess the effects of their discretionary regulatory actions.  In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year.  Though this proposed rule would not result in such an expenditure, we do discuss the potential effects of this proposed rule elsewhere in this preamble.
      F.  Environment
      We have analyzed this proposed rule under Department of Homeland Security Directive 023-01, Rev. 1, associated implementing instructions, and Environmental Planning COMDTINST 5090.1 (series), which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 - 4370f), and have made a preliminary determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment.  This proposed rule involves implementation of regulations within 33 CFR part 100 applicable to organized marine events on the navigable waters of the United States that could negatively impact the safety of waterway users and shore side activities in the event area for 19 total enforcement hours.  Normally such actions are categorically excluded from further review under paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual 023 - 01 - 001 - 01, Rev. 1.  For instructions on locating the docket, see the ADDRESSES section of this preamble.  We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule.
      G.  Protest Activities
      The Coast Guard respects the First Amendment rights of protesters.  Protesters are asked to call or email the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places, or vessels.
V. Public Participation and Request for Comments
      We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period.  Your comment can help shape the outcome of this rulemaking.  If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation.
      Submitting comments.  We encourage you to submit comments through the Federal Decision Making Portal at https://www.regulations.gov.  To do so, go to https://www.regulations.gov, type USCG-2022-0179 in the search box and click "Search."  Next, look for this document in the Search Results column, and click on it.  Then click on the Comment option.  If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER INFORMATION CONTACT section of this proposed rule for alternate instructions.
      Viewing material in docket.  To view documents mentioned in this proposed rule as being available in the docket, find the docket as described in the previous paragraph, and then select "Supporting & Related Material" in the Document Type column.  Public comments will also be placed in our online docket and can be viewed by following instructions on the https://www.regulations.gov Frequently Asked Questions webpage.   We review all comments received, but we will only post comments that address the topic of the proposed rule.  We may choose not to post off-topic, inappropriate, or duplicate comments that we receive.
      Personal information.  We accept anonymous comments.  Comments we post to https://www.regulations.gov will include any personal information you have provided.  For more about privacy and submissions to the docket in response to this document, see DHS's eRulemaking System of Records notice (85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 100
      Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways.
      For the reasons discussed in the preamble, the Coast Guard is proposing to amend 33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
      1.  The authority citation for part 100 continues to read as follows:
      Authority:  46 U.S.C. 70041; 33 CFR 1.05-1.

      2.  Add § 100.T05-0179 to read as follows:
§ 100.T05-0179  Southern Maryland Boat Club Piney Point Regatta, St. Mary's River, St. George Creek, Piney Point, MD.
      (a)  Locations.  All coordinates are based on datum NAD 1983.  (1)  Regulated area.  All navigable waters of St. George Creek, within an area bounded by a line connecting the following points: from the shoreline at Cedar Point at position latitude 38°09′03.4″ N, longitude 076°29′55.7″ W; thence south along the shoreline to Coade Bar at latitude 38°08′22.5″ N, longitude 076°29′19.9″ W; thence southeast across St. George Creek to Dodson Point at latitude 38°08′03.8″ N, longitude 076°29′44.6″ W; thence north  along the shoreline and the eastern extent of the St. George Island (SR-249) Bridge to Long Bar (at the entrance to St. George Harbor) at latitude 38° 08' 50.6"N, longitude 076° 30' 13.0"W; thence northeast across St. George Creek to and terminating at the point of origin.  The race area, buffer area, and spectator area are within the regulated area.
      (2)  Race area.  The race area is a polygon in shape measuring approximately 700 yards in length by 240 yards in width.  The area is bounded by a line commencing near Hodgson Point at position latitude 38° 08' 39.80" N, longitude 076° 30' 3.13" W, thence southeast to latitude 38° 08' 21.95" N, longitude 076° 29' 49.31" W; thence southwest to latitude 38° 08' 18.20"N, longitude 076° 29' 56.98" W, thence northwest to latitude 38° 08' 36.10" N, longitude 076° 30' 10.84" W; thence northeast to and terminating at the point of origin.
      (3)  Buffer area.  The buffer area is a polygon in shape measuring approximately 90 yards in all directions surrounding the entire race area described in the preceding paragraph of this section.  The area is bounded by a line commencing near Hodgson Point at position latitude 38°08′43.58″ N, longitude 076°30′02.12″ W; thence southeast to latitude 38°08′21.12″ N, longitude 076°29′44.81″ W, thence southwest to latitude 38°08′14.68″ N, longitude 076°29′58.24″ W; thence northwest to latitude 38°08′35.95″ N, longitude 076°30'14.33″ W, thence northeast to and terminating at the point of origin.
      (4)  Spectator area.  The designated spectator area is a polygon in shape with its length measuring approximately 700 yards and its width measuring approximately 300 yards at its northern portion and 150 yards at it southern portion.  The area is bounded by a line commencing at position latitude 38°08′46.86″ N, longitude 076°29′51.07″ W; thence southeast to latitude 38°08′38.11″ N, longitude 076°29′44.27″ W; thence south to latitude 38°08′26.81″ N, longitude 076°29′43.01″ W; thence southwest to latitude 38°08′23.50″ N, longitude 076°29′46.50″ W, thence northwest to latitude 38°08′41.28″ N, longitude 076°30′00.18″ W, thence northeast to and terminating at the point of origin.
      (b)  Definitions.  As used in this section---
         Buffer Area is a neutral area that surrounds the perimeter of the race area within the regulated area described by this section.  The purpose of a buffer area is to minimize potential collision conflicts with marine event participants or high-speed powerboats and spectator vessels or nearby transiting vessels.  This area provides separation between a race area and a specified Spectator Area or other vessels that are operating in the vicinity of the regulated area established by the special local regulations.
      Captain of the Port (COTP) Maryland-National Capital Region means the Commander, U.S. Coast Guard Sector Maryland-National Capital Region or any Coast Guard commissioned, warrant or petty officer who has been authorized by the COTP to act on his behalf.
         Race Area is an area described by a line bound by coordinates provided in latitude and longitude that outlines the boundary of a race area within the regulated area defined by this section.
      Event Patrol Commander or Event PATCOM means a commissioned, warrant, or petty officer of the U.S. Coast Guard who has been designated by the Commander, Coast Guard Sector Maryland-National Capital Region.
      Official Patrol means any vessel assigned or approved by Commander, Coast Guard Sector Maryland-National Capital Region with a commissioned, warrant, or petty officer on board and displaying a Coast Guard ensign.
      Participant means all persons and vessels registered with the event sponsor as participating in the "Southern Maryland Boat Club Piney Point Rumble on the River Regatta" event, or otherwise designated by the event sponsor as having a function tied to the event.
      Spectator means a person or vessel not registered with the event sponsor as participants or assigned as official patrols.
         Spectator area is an area described by a line bound by coordinates provided in latitude and longitude that outlines the boundary of a spectator area within the regulated area defined by this part.
      (c)  Special local regulations.  (1)  The COTP Maryland-National Capital Region or Event PATCOM may forbid and control the movement of all vessels and persons, including event participants, in the regulated area described in paragraph (a)(1) of this section.  When hailed or signaled by an official patrol, a vessel or person in the regulated area shall immediately comply with the directions given by the patrol.  Failure to do so may result in the Coast Guard expelling the person or vessel from the area, issuing a citation for failure to comply, or both.  The COTP Maryland-National Capital Region or Event PATCOM may terminate the event, or a participant's operations at any time the COTP Maryland-National Capital Region or Event PATCOM believes it necessary to do so for the protection of life or property.
      (2)  Except for participants and vessels already at berth, a person or vessel within the regulated area at the start of enforcement of this section must immediately depart the regulated area.
      (3)  A spectator must contact the Event PATCOM to request permission to either enter or pass through the regulated area.  The Event PATCOM, and official patrol vessels enforcing this regulated area, can be contacted on marine band radio VHF-FM channel 16 (156.8 MHz) and channel 22A (157.1 MHz).  If permission is granted, the spectator must enter the designated Spectator Area or pass directly through the regulated area as instructed by Event PATCOM.  A vessel within the regulated area must operate at safe speed that minimizes wake.  A spectator vessel must not loiter within the navigable channel while within the regulated area.
      (4)  Only participant vessels and official patrol vessels are allowed to enter and remain within the race area.
      (5)  Only participant vessels and official patrol vessels are allowed to enter and transit directly through the buffer area, in order to arrive at or depart from the race area.
      (6)  A person or vessel that desires to transit, moor, or anchor within the regulated area must obtain authorization from the COTP Maryland-National Capital Region or Event PATCOM.  A person or vessel seeking such permission can contact the COTP Maryland-National Capital Region at telephone number<PHONE_NUMBER> or on Marine Band Radio, VHF-FM channel 16 (156.8 MHz) or the Event PATCOM on Marine Band Radio, VHF-FM channel 16 (156.8 MHz).
      (7)  The Coast Guard will publish a notice in the Fifth Coast Guard District Local Notice to Mariners and issue a marine information broadcast on VHF-FM marine band radio announcing specific event dates and times.
      (d)  Enforcement officials.  The Coast Guard may be assisted with marine event patrol and enforcement of the regulated area by other federal, state, and local agencies.
      (e)  Enforcement period.  This section will be enforced from 7:30 a.m. to 5 p.m. on June 4, 2022, and from 7:30 a.m. to 5 p.m. on June 5, 2022.

Dated:  March 30, 2022.

David E. O'Connell,
Captain, U.S. Coast Guard,
Captain of the Port Maryland-National Capital Region.


[Federal Register Volume 78, Number 242 (Tuesday, December 17, 2013)]
[Notices]
[Pages 76399-76400]
[FR Doc No: 2013-29957]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2013-0185]

Qualification of Drivers; Exemption Applications; Diabetes
Mellitus

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to exempt 37 individuals from its
rule prohibiting persons with insulin-treated diabetes mellitus (ITDM)
from operating commercial motor vehicles (CMVs) in interstate commerce.
The exemptions will enable these individuals to operate CMVs in
interstate commerce.

DATES: The exemptions are effective December 17, 2013. The exemptions
expire on December 17, 2015.

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

SUPPLEMENTARY INFORMATION:

Electronic Access

    You may see all the comments online through the Federal Document
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov and/or Room W12-140 on the
ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of DOT's dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, or other
entity). You may review DOT's Privacy Act Statement for the Federal
Docket Management System (FDMS) published in the Federal Register on
January 17, 2008 (73 FR 3316).

Background

    On October 23, 2013, FMCSA published a notice of receipt of Federal
diabetes exemption applications from

37 individuals and requested comments from the public (78 FR 63285).
The public comment period closed on November 22, 2013, and no comments
were received.
    FMCSA has evaluated the eligibility of the 37 applicants and
determined that granting the exemptions to these individuals would
achieve a level of safety equivalent to or greater than the level that
would be achieved by complying with the current regulation 49 CFR
391.41(b)(3).

Diabetes Mellitus and Driving Experience of the Applicants

    The Agency established the current requirement for diabetes in 1970
because several risk studies indicated that drivers with diabetes had a
higher rate of crash involvement than the general population. The
diabetes rule provides that ``A person is physically qualified to drive
a commercial motor vehicle if that person has no established medical
history or clinical diagnosis of diabetes mellitus currently requiring
insulin for control'' (49 CFR 391.41(b)(3)).
    FMCSA established its diabetes exemption program, based on the
Agency's July 2000 study entitled ``A Report to Congress on the
Feasibility of a Program to Qualify Individuals with Insulin-Treated
Diabetes Mellitus to Operate in Interstate Commerce as Directed by the
Transportation Act for the 21st Century.'' The report concluded that a
safe and practicable protocol to allow some drivers with ITDM to
operate CMVs is feasible. The September 3, 2003 (68 FR 52441), Federal
Register notice in conjunction with the November 8, 2005 (70 FR 67777),
Federal Register notice provides the current protocol for allowing such
drivers to operate CMVs in interstate commerce.
    These 37 applicants have had ITDM over a range of 1 to 45 years.
These applicants report no severe hypoglycemic reactions resulting in
loss of consciousness or seizure, requiring the assistance of another
person, or resulting in impaired cognitive function that occurred
without warning symptoms, in the past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in the past 5 years. In each case,
an endocrinologist verified that the driver has demonstrated a
willingness to properly monitor and manage his/her diabetes mellitus,
received education related to diabetes management, and is on a stable
insulin regimen. These drivers report no other disqualifying
conditions, including diabetes-related complications. Each meets the
vision requirement at 49 CFR 391.41(b)(10).
    The qualifications and medical condition of each applicant were
stated and discussed in detail in the October 23, 2013, Federal
Register notice and they will not be repeated in this notice.

Discussion of Comments

    FMCSA received no comments in this proceeding.

Basis for Exemption Determination

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

Conditions and Requirements

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

Conclusion

    Based upon its evaluation of the 37 exemption applications, FMCSA
exempts Charles A. Adams, Jr. (CT), Thomas W. Allee (WI), J.D.
Ashcraft, Jr. (AL), Robert J. Berger III (PA). Michael E. Bingham (WA),
Danny W. Bradley (DE), Richard A. Clark (GA), Winfred G. Clemenson
(WA), Romero Coleman (WI), Thomas J. Crawford (NY), Williams N. Drake
(NY), John S. Duvall (PA), Robert B. Engel (IN), Carolyn C. Gardner
(CT), Brian L. Gregory (IL), Alfonso Grijalva (CA), Jason E. Jacobus
(KY), Ervin A. Klocko, Jr. (OH), Stephen C. Koktavy (AZ), Richard J.
Long (MN), Margaret Lopez (NY), John D. May (KS), Michael C. McDowell
(TX), Charles B. McKay (FL), Norman C. Mertz (PA), Gary D. Peters (NE),
Mark R. Phillips (WI), Francis J. Shultz (PA), Gary L. Snelling (AL),
Joseph L. Stevenson (IL), Matthew S. Thompson (PA), Robin S. Travis
(CO), William R. Van Gog (WA), Charles S. Watson (IL), David H. Wilkins
(PA), Mark A. Yurian (MT), David M. Zanicky (PA) from the ITDM
requirement in 49 CFR 391.41(b)(3), subject to the conditions listed
under ``Conditions and Requirements'' above.
    In accordance with 49 U.S.C. 31136(e) and 31315 each exemption will
be valid for two years unless revoked earlier by FMCSA. The exemption
will be revoked if the following occurs: (1) The person fails to comply
with the terms and conditions of the 1/exemption; (2) the exemption has
resulted in a lower level of safety than was maintained before it was
granted; or (3) continuation of the exemption would not be consistent
with the goals and objectives of 49 U.S.C. 31136(e) and 31315. If the
exemption is still effective at the end of the 2-year period, the
person may apply to FMCSA for a renewal under procedures in effect at
that time.

    Issued on: December 3, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-29957 Filed 12-16-13; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 78, Number 246 (Monday, December 23, 2013)]
[Notices]
[Pages 77445-77446]
[FR Doc No: 2013-30517]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP14-27-000]

Tres Palacios Gas Storage LLC; Notice of Application

    Take notice that on December 6, 2013, Tres Palacios Gas Storage LLC
(Tres Palacios) 700 Louisiana Street, Suite 2060, Houston, Texas 77002,
filed in the above reference docket application pursuant to section
7(b) of the of the Natural Gas Act (NGA) and Part 157 of the
Commission's regulations, requesting authorization for Tres Palacios to
abandon up to 22.9 Bcf of working gas storage capacity in its salt
cavern natural gas storage facility located in Matagorda, Colorado, and
Wharton Counties, Texas. Tres Palacios states that the proposed
abandonment of storage capacity is intended to respond to the current
depressed market for Gulf Coast region storage services, will better
align Tres Palacios' storage capacity with its current contractual
commitments, and will significantly reduce Tres Palacios' operating
costs. Tres Palacios' proposal is more fully set forth in the
application which is on file with the Commission and open to public
inspection. The filing may also be viewed on the web at http://www.ferc.gov using the ``eLibrary'' link. Enter the docket number
excluding the last three digits in the docket number field to access
the document. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or TTY,
contact<PHONE_NUMBER>.
    Any questions concerning this application may be directed to James
F. Bowe, Jr., King & Spalding, LLP, 1700 Pennsylvania Avenue NW.,
Washington, DC 20006-4707, by phone at<PHONE_NUMBER>, fax at 202-626-
3737, or email at<EMAIL_ADDRESS>    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit an original plus five copies of filings made with the Commission
and must mail a copy to the applicant and to every other party in the
proceeding. Only parties to the proceeding can ask for court review of
Commission orders in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project

provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commentors will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commentors will not be required to serve copies of filed
documents on all other parties. However, the non-party commentors will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically should
submit an original and five copies of the protest or intervention to
the Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: January 7, 2014.

    Dated: December 17, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-30517 Filed 12-20-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 248 (Thursday, December 26, 2013)]
[Notices]
[Pages 78424-78426]
[FR Doc No: 2013-30758]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-71137; File No. SR-CHX-2013-22]

Self-Regulatory Organizations; Chicago Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change to
Amend the Single-Sided Order Fees and Credits

December 19, 2013.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that on December 18, 2013, the Chicago Stock Exchange, Inc. (``CHX'' or
``Exchange'') filed with

the Securities and Exchange Commission (the ``Commission'') the
proposed rule change as described in Items I, II and III below, which
Items have been prepared by the self-regulatory organization. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    CHX proposes to amend its Schedule of Participant Fees and
Assessments (the ``Fee Schedule'') to amend the Single-Sided Order Fees
and Credits and the Order Cancellation Fee. The Exchange proposes to
implement the fee changes on January 2, 2014. The text of this proposed
rule change is available on the Exchange's Web site at http://www.chx.com/rules/proposed_rules.htm, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B and C below, of the most
significant parts of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend Section E.1 of the Fee Schedule,
effective January 2, 2014. Specifically, the Exchange proposes to amend
Section E.1 to set the Liquidity Providing Credit for all single-sided
orders of 100 or more shares executed in the Matching System in Tape A,
B, and C securities priced greater than or equal to $1.00/share at
$0.0020/share. The Exchange does not propose to make any other
amendments to the Fee Schedule.
Current Section E.1
    On July 1, 2013, the Exchange adopted current Section E.1 of the
Fee Schedule,\4\ which applies to all single-sided orders of 100 or
more shares executed in the CHX Matching System. Specifically, the
Exchange set the Liquidity Providing Credit for all Tape A, B, and C
securities priced greater than or equal to $1.00/share at $0.00250/
share and set the corresponding Liquidity Removing Fee at $0.0030/
share. In doing so, the Exchange unified pricing across all Tapes,
eliminated the distinction between Derivative Securities Products and
Non-Derivative Securities Products throughout the Fee Schedule and
eliminated the distinction between ``Regular Trading Session'' and
``Early or Late Trading Session'' in Section E.1 of the Fee
Schedule.\5\
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 69903 (July 1,
2013), 78 FR 40788 (July 8, 2013) (SR-CHX-2013-12) (``Notice of
Filing and Immediate Effectiveness of Proposed Rule Change to Amend
the Single-Sided Order Fees and Credits and the Order Cancellation
Fee''); see also Securities Exchange Act Release No. 69903A (August
13, 2013), 78 FR 49308 (August 13, 2013).
    \5\ Id.
---------------------------------------------------------------------------

Proposed Section E.1
    The Exchange now proposes to reduce the Liquidity Providing Credit
for all single-sided orders of 100 shares or more executed in the
Matching System in Tape A, B, and C securities priced greater than or
equal to $1.00/share from $0.00250/share to $0.0020/share. As such, the
Exchange proposes to amend paragraph (b) under Section E.1 to replace
``$0.00250/share'' with ``$0.0020/share.''
    However, the Exchange does not propose to change the corresponding
Liquidity Removing Fee, which is currently $0.0030/share. In addition,
for all single-sided orders of 100 or more shares executed in the CHX
Matching System in securities priced less than $1.00/share, the
Exchange will maintain the current Liquidity Providing Credit of
$0.00009/share and the Liquidity Removing Fee of 0.30% of the trade
value.
    Despite the proposed decrease in the Liquidity Providing Credit,
the Exchange believes that a combination of the proposed Liquidity
Providing Credit and the Exchange's recently-adopted Market Data
Revenue Rebates program \6\ will continue to incentivize activity by
Participants on the Exchange's trading facilities, encourage order
flow, and allow the Exchange to remain competitive in today's orders
marketplace.
---------------------------------------------------------------------------

    \6\ See Section P of the Fee Schedule; see also Securities
Exchange Act Release No. 70546 (October 3, 2013), 78 FR 61413
(September 27, 2013) (``Notice of Filing and Immediate Effectiveness
of Proposed Rule Change to Adopt a Market Data Revenue Rebates
Program'').
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act \7\ in general, and furthers the
objectives of Section 6(b)(4) of the Act \8\ in particular, in that it
provides for the equitable allocation of reasonable dues, fees and
other charges among members and other persons using any facility or
system which the Exchange operates or controls, and does not unfairly
discriminate between customers, issuers, or broker dealers.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f.
    \8\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    Specifically, since the proposed Liquidity Providing Credit will
continue to apply to all single-sided orders of 100 or more shares
executed in the CHX Matching System and the corresponding Liquidity
Removing Fee will remain unchanged, the Exchange believes that the
proposed Section E.1 will equitably allocate credits and fees among
Participants in a non-discriminatory nature. Furthermore, the proposed
Liquidity Providing Credit of $0.0020/share is reasonable, where the
proposed value is similar to liquidity credits offered by other
exchanges, such as NASDAQ.\9\
---------------------------------------------------------------------------

    \9\ NASDAQ ``Rebate to Add Displayed Liquidity, Shares Executed
at or Above $1.00'' ranges from $0.0020/share to $0.00305/share.
---------------------------------------------------------------------------

    The Exchange notes that it operates in a highly competitive market
in which market participants can readily favor competing venues. In
such an environment, the Exchange must continually review, and consider
adjusting, its fees and credits to remain competitive with other
exchanges. For the reasons described above, the Exchange believes that
the proposed rule change reflects this competitive environment.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. Specifically, the proposed
Liquidity Providing Credit will contribute to the protection of
investors and the public interest by maintaining the simplified
schedule of credits paid and fees assessed by the Exchange, as it will
be applied to all single-sided orders of 100 shares or more executed in
the Matching System in Tape A, B, and C securities priced greater than
or equal to $1.00/share. Moreover, the combination of the proposed
Liquidity Providing Credit

and Market Data Revenue Rebates will continue to incentivize order
senders to submit orders to the Exchange, which will, in turn, enhance
competition amongst competing trading centers and contribute to the
production of investors and the public interest.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A)(ii) of the Act \10\ and subparagraph (f)(2) of Rule
19b-4 thereunder \11\ because it establishes or changes a due, fee, or
other charge imposed by the Exchange.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \11\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.
    As fully discussed above, the Exchange believes that the proposed
Fee Schedule will create equable credit and fee amounts to incent
activity among all Participants within the Exchange's trading
facilities.

Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-CHX-2013-22 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-CHX-2013-22. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549-1090, on official business days between the hours
of 10:00 a.m. and 3:00 p.m. Copies of such filing also will be
available for inspection and copying at the principal offices of CHX.
All comments received will be posted without change; the Commission
does not edit personal identifying information from submissions. You
should submit only information that you wish to make available
publicly. All submissions should refer to File Number SR-CHX-2013-22,
and should be submitted on or before January 16, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

    \12\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-30758 Filed 12-24-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 70 (Thursday, April 11, 2013)]
[Proposed Rules]
[Pages 21578-21580]
[FR Doc No: 2013-08447]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0195; Directorate Identifier 2013-NE-08-AD]
RIN 2120-AA64

Airworthiness Directives; General Electric Company Turbofan
Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
General Electric Company (GE) model GEnx-2B67 and GEnx-2B67B turbofan
engines with booster anti-ice (BAI) air duct, part number (P/N)
2469M32G01, and support bracket, P/N 2469M46G01, installed. This
proposed AD was prompted by reports of cracks in the BAI air duct. This
proposed AD would require initial and repetitive visual inspections of
the BAI air duct, removal from service of the BAI air duct if it fails
inspection and, as a mandatory terminating action, the installation of
new BAI air duct support brackets. We are proposing this AD to prevent
failure of the BAI air duct, resulting in an in-flight shutdown of one
or more engines, loss of thrust control, and damage to the aircraft.

DATES: We must receive comments on this proposed AD by June 10, 2013.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations,

M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue
SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
General Electric, One Neumann Way, MD Y-75, Cincinnati, OH; phone: 513-
552-2913; email<EMAIL_ADDRESS>and Web site: www.GE.com. You may
view this service information at the FAA, Engine & Propeller
Directorate, 12 New England Executive Park, Burlington, MA. For
information on the availability of this material at the FAA, call 781-
238-7125.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (phone:<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Jason Yang, Aerospace Engineer, Engine
Certification Office, FAA, Engine & Propeller Directorate, 12 New
England Executive Park, Burlington, MA 01803; phone:<PHONE_NUMBER>; fax:
781-238-7199; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2013-0195;
Directorate Identifier 2013-NE-08-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We propose to adopt a new AD for all GE model GEnx-2B67 and GEnx-
2B67B turbofan engines with BAI air duct, P/N 2469M32G01, and support
bracket, P/N 2469M46G01, installed. This proposed AD was prompted by 11
reports of cracks in the BAI air duct, P/N 2469M32G01, caused by
resonant vibration of the BAI valve system. Engineering analysis
determined that the single support bracket is not sufficient to prevent
the vibration and cracking in the BAI air duct, and that additional
support brackets are needed. This proposed AD would require initial
visual inspection of the BAI air duct before it reaches 400 cycles
since new (CSN), and repetitive visual inspections every 100 cycles
thereafter. If the BAI air duct fails inspection, the proposed AD would
require removal of the BAI air duct from service. As a mandatory
terminating action, the proposed AD would also require installation of
new BAI air duct support brackets at the next removal of the BAI air
duct, and replacement of the BAI air duct with a duct eligible for
installation. This condition, if not corrected, could result in failure
of the BAI air duct, resulting in an in-flight shutdown of one or more
engines, loss of thrust control, and damage to the aircraft.

Relevant Service Information

    We reviewed GE Service Bulletin (SB) No. GEnx-2B S/B 75-0006, dated
July 23, 2012, and GE SB No. GEnx-2B S/B 75-0008, Revision 1, dated
February 4, 2013. GE SB No. GEnx-2B S/B 75-0006 describes procedures
for inspecting and, if necessary, removing and replacing the BAI air
duct. GE SB No. GEnx-2B S/B 75-0008, Revision 1, describes procedures
for installing new BAI air duct support brackets, and inspection and
possible replacement of BAI air ducts.

FAA's Determination

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

Proposed AD Requirements

    This proposed AD would require initial and repetitive visual
inspections of the BAI air duct, replacement of the BAI air duct if it
fails inspection and, as mandatory terminating action, installation of
new BAI air duct support brackets.

Costs of Compliance

    We estimate that this proposed AD affects 16 engines installed on
airplanes of U.S. registry. We also estimate that it would take about 4
hours per engine to comply with this proposed AD. The average labor
rate is $85 per hour. Required parts would cost about $11,000 per
engine. Based on these figures, we estimate the cost of the proposed AD
to U.S. operators to be $181,440.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

General Electric Company: Docket No. FAA-2013-0195; Directorate
Identifier 2013-NE-08-AD.

(a) Comments Due Date

    We must receive comments by June 10, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all General Electric Company (GE) model GEnx-
2B67 and GEnx-2B67B turbofan engines with booster anti-ice (BAI) air
duct, part number (P/N) 2469M32G01, and support bracket, P/N
2469M46G01, installed.

(d) Unsafe Condition

    This AD was prompted by reports of cracks in the BAI air duct,
P/N 2469M32G01. We are issuing this AD to prevent failure of the BAI
air duct, resulting in an in-flight shutdown of one or more engines,
loss of thrust control, and damage to the aircraft.

(e) Compliance

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

(f) Inspection of BAI Air Duct

    (1) Perform an initial visual inspection of the BAI air duct, P/
N 2469M32G01, for cracks prior to accumulating 400 cycles since new
(CSN).
    (2) Thereafter, repeat the visual inspection within every 100
cycles since last inspection.
    (3) If cracks in the BAI air duct are found during any
inspection required by this AD, remove the BAI air duct from
service.

(g) Mandatory Terminating Action

    As mandatory terminating action to the repetitive inspection
requirement of this AD, at the next removal of BAI air duct, P/N
2469M32G01, or if the BAI air duct is found cracked, after the
effective date of this AD, do the following:
    (1) Install new BAI air duct support brackets, P/Ns 2550M03G01,
2548M66G01, 2548M67P01, 2550M18G01, and 2550M17P01.
    (2) Replace the BAI air duct with one that is eligible for
installation.

(h) Definitions

    For the purpose of this AD, a BAI air duct that is eligible for
installation is one that has accumulated 25 CSN or fewer.

(i) Alternative Methods of Compliance (AMOCs)

    The Manager, Engine Certification Office, FAA, may approve AMOCs
for this AD. Use the procedures found in 14 CFR 39.19 to make your
request.

(j) Related Information

    (1) For more information about this AD, contact Jason Yang,
Aerospace Engineer, Engine Certification Office, FAA, Engine &
Propeller Directorate, 12 New England Executive Park, Burlington, MA
01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) Refer to GE Service Bulletin (SB) No. GEnx-2B S/B 75-0006,
dated July 23, 2012, and GE SB No. GEnx-2B S/B 75-0008, Revision 1,
dated February 4, 2013, for guidance on inspecting and, if
necessary, removing and replacing the BAI air duct, as well as
procedures for installation of new BAI air duct support brackets.
    (3) For service information identified in this proposed AD,
contact General Electric, One Neumann Way, MD Y-75, Cincinnati, OH;
phone:<PHONE_NUMBER>; email<EMAIL_ADDRESS>and Web site:
www.GE.com. You may view this service information at the FAA, Engine
& Propeller Directorate, 12 New England Executive Park, Burlington,
MA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

    Issued in Burlington, Massachusetts, on April 4, 2013.
Robert J. Ganley,
Acting Assistant Manager, Engine & Propeller Directorate, Aircraft
Certification Service.
[FR Doc. 2013-08447 Filed 4-10-13; 8:45 am]
BILLING CODE 4910-13-P


not issuing a proposed rule for this action, the RFA does not apply.

Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 1501 et
seq., requires each Federal agency, to the extent permitted by law, to
prepare a written assessment of the effects of any Federal mandate in a
proposed or final agency rule that may result in the expenditure by
State, local, and Tribal governments, in the aggregate, or by the
private sector, of $100 million or more (adjusted annually for
inflation) in any one year (approximately $157 million in 2015
dollars). The final rule does not result in the expenditure of State,
local, and Tribal governments of greater than $157 million in any given
year. Therefore, this rule is not an unfunded Federal mandate under
that Act.

National Environmental Policy Act of 1969 (NEPA)

    Under the National Environmental Policy Act of 1969 (NEPA), as
amended, 42 U.S.C. 4321, 4331-4335, 4344, 4365, an agency must prepare
an EA and EIS for any rulemaking that significantly affects the quality
of the human environment. FEMA has determined that this rulemaking does
not significantly affect the quality of the human environment and
consequently has not prepared an EA or EIS.

Paperwork Reduction Act of 1995

    Under the Paperwork Reduction Act of 1995 (PRA), as amended, 44
U.S.C. 3501-3520, an agency may not conduct or sponsor, and a person is
not required to respond to, a collection of information unless the
agency obtains approval from OMB for the collection and the collection
displays a valid OMB control number. See 44 U.S.C. 3506, 3507. There
are no information collections required under 44 CFR part 10. There are
specific FEMA programs that do collect information regarding
environmental considerations for certain projects; \44\ however, those
collections are sponsored by separate program information collections
and not under Part 10. Those collections are not affected by the
removal of Part 10.
---------------------------------------------------------------------------

    \44\ E.g., OMB No. 1660-0017 for the Public Assistance Program;
OMB No. 1660-0072 for the Hazard Mitigation Grant Program; OMB No.
1660-0022 for the Community Rating System (CRS) program.
---------------------------------------------------------------------------

Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments

    Executive Order 13175, ``Consultation and Coordination with Indian
Tribal Governments,'' 65 FR 67249, November 9, 2000, applies to agency
regulations that have Tribal implications, that is, regulations that
have substantial direct effects 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. Under this Executive Order, to the extent
practicable and permitted by law, no agency shall promulgate any
regulation that has Tribal implications, that imposes substantial
direct compliance costs on Indian Tribal governments, and that is not
required by statute, unless funds necessary to pay the direct costs
incurred by the Indian Tribal government or the Tribe in complying with
the regulation are provided by the Federal Government, or the agency
consults with Tribal officials.
    This rule does not have Tribal implications. It governs internal
agency procedure and does not place any requirements on Tribes.

Executive Order 13132, Federalism

    Executive Order 13132, ``Federalism,'' 64 FR 43255, August 10,
1999, sets forth principles and criteria that agencies must adhere to
in formulating and implementing policies that have federalism
implications, that is, regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.'' Federal
agencies must closely examine the statutory authority supporting any
action that would limit the policymaking discretion of the States, and
to the extent practicable, must consult with State and local officials
before implementing any such action.

    FEMA has reviewed this rule under Executive Order 13132 and has
determined that this rule does not have substantial direct effects on
the States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, and therefore does not have federalism
implications as defined by the Executive Order.

Executive Order 11988, Floodplain Management

    Pursuant to Executive Order 11988, each agency is required to
provide leadership and take action to reduce the risk of flood loss, to
minimize the impact of floods on human safety, health and welfare, and
to restore and preserve the natural and beneficial values served by
floodplains in carrying out its responsibilities for: (1) Acquiring,
managing, and disposing of Federal lands and facilities; (2) providing
Federally undertaken, financed, or assisted construction and
improvements; and (3) conducting Federal activities and programs
affecting land use, including but not limited to water and related land
resources planning, regulating, and licensing activities. In carrying
out these responsibilities, each agency must evaluate the potential
effects of any actions it may take in a floodplain; to ensure that its
planning programs and budget requests reflect consideration of flood
hazards and floodplain management; and to prescribe procedures to
implement the policies and requirements of the Executive Order.
    Before promulgating any regulation, an agency must determine
whether the proposed regulations will affect a floodplain(s), and if
so, the agency must consider alternatives to avoid adverse effects and
incompatible development in the floodplain(s). If the head of the
agency finds that the only practicable alternative consistent with the
law and with the policy set forth in Executive Order 11988 is to
promulgate a regulation that affects a floodplain(s), the agency must,
prior to promulgating the regulation, design or modify the regulation
in order to minimize potential harm to or within the floodplain,
consistent with the agency's floodplain management regulations and
prepare and circulate a notice containing an explanation of why the
action is proposed to be located in the floodplain. The changes in this
final rule will not have an effect on floodplain management. This rule
addresses FEMA's internal agency procedures for carrying out NEPA, and
maintains existing practice within FEMA for completing the NEPA
process. When FEMA undertakes specific actions that may have effects on
floodplain management, FEMA follows the procedures set forth in 44 CFR
part 9 to assure compliance with this Executive Order. This serves as
the notice that is required by the Executive Order.

Executive Order 11990, Protection of Wetlands

    Pursuant to Executive Order 11990, each agency must provide
leadership and take action to minimize the destruction, loss or
degradation of wetlands, and to preserve and enhance the natural and
beneficial values of wetlands in carrying out the agency's
responsibilities for: (1) Acquiring, managing, and disposing of Federal
lands and facilities; and (2) providing Federally undertaken, financed,
or assisted construction and improvements; and (3) conducting Federal
activities and programs affecting land use, including but not limited
to water and related land resources planning, regulating, and licensing
activities. Each agency, to the extent permitted by law, must avoid
undertaking or providing assistance for new construction located in
wetlands unless the head of the agency finds: (1) That there is no
practicable alternative to such construction, and (2) that the proposed
action includes all practicable measures to minimize harm to wetlands
which may result from such use. In making this finding the head of the
agency may take into account economic, environmental and other
pertinent factors.
    In carrying out the activities described in the Executive Order,
each agency must consider factors relevant to a proposal's effect on
the survival and quality of the wetlands. Among these factors are:
Public health, safety, and welfare, including water supply, quality,
recharge and discharge; pollution; flood and storm hazards; and
sediment and erosion; maintenance of natural systems, including
conservation and long term productivity of existing flora and fauna,
species and habitat diversity and stability, hydrologic utility, fish,
wildlife, timber, and food and fiber resources; and other uses of
wetlands in the public interest, including recreational, scientific,
and cultural uses.
    The changes in this final rule will not have an effect on land use
or wetlands. This rule addresses FEMA's internal agency procedures for
carrying out NEPA, and maintains existing practice within FEMA for
completing the NEPA process. When FEMA undertakes specific actions that
may have such effects, FEMA follows the procedures set forth in 44 CFR
part 9 to assure compliance with this Executive Order.

Congressional Review of Agency Rulemaking

    Under the Congressional Review of Agency Rulemaking Act (CRA), 5
U.S.C. 801-808, before a rule can take effect, the Federal agency
promulgating the rule must submit to Congress and to the Government
Accountability Office (GAO) a copy of the rule, a concise general
statement relating to the rule, including whether it is a major rule,
the proposed effective date of the rule, a copy of any cost-benefit
analysis, descriptions of the agency's actions under the Regulatory
Flexibility Act and the Unfunded Mandates Reform Act, and any other
information or statements required by relevant executive orders.
    FEMA has sent this rule to the Congress and to GAO pursuant to the
CRA. The rule is not a ``major rule'' within the meaning of the CRA. It
will not have an annual effect on the economy of $100,000,000 or more,
it will not result in a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions, and it will not have significant
adverse effects on competition, employment, investment, productivity,
innovation, or on the ability of United States-based enterprises to
compete with foreign-based enterprises in domestic and export markets.

List of Subjects

44 CFR Part 10

    Environmental Impact Statements.

44 CFR Part 60

    Flood insurance, Flood plains, Reporting and recordkeeping
requirements.

44 CFR Parts 78 and 79

    Flood insurance, Grant programs.

44 CFR Part 80

    Disaster assistance, Grant programs.

44 CFR Part 206

    Administrative practice and procedure, Coastal zone, Community
facilities, Disaster assistance, Fire prevention, Grant programs-
housing and community development, Housing, Insurance,
Intergovernmental relations, Loan programs-housing and community
development, Natural resources, Penalties, Reporting and recordkeeping
requirements.

44 CFR Part 209

    Administrative practice and procedure, Disaster assistance, Grant
programs, Reporting and recordkeeping requirements.

    For the reasons discussed in the preamble, and under the authority
of the Homeland Security Act of 2002, 6 U.S.C. 101 et seq., Department
of Homeland Security Delegation 9001.1, and the National Environmental
Policy Act, 42 U.S.C. 4321, 4331-4335, 4344, 4365, the Federal
Emergency Management Agency amends 44 CFR Chapter I, as follows:

PART 10--[REMOVED AND RESERVED]

0
1. Remove and reserve part 10, consisting of Sec. Sec.  10.1 through
10.14.

PART 60--CRITERIA FOR LAND MANAGEMENT AND USE

0
2. The authority citation for part 60 continues to read as follows:

    Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 43 FR 41943, 3 CFR, 1978 Comp., p. 329; E.O. 12127 of Mar. 31,
1979, 44 FR 19367, 3 CFR, 1979 Comp., p. 376.

0
3. In Sec.  60.6, revise the second sentence of paragraph (b)(2) to
read as follows:

Sec.  60.6  Variances and exceptions.

* * * * *
    (b) * * *
    (2) * * * The decision whether an Environmental Impact Statement or
other environmental document will be prepared, will be made in
accordance with applicable environmental and historic preservation
laws, regulations, Executive Orders, and agency policy. * * *
* * * * *

PART 78--FLOOD MITIGATION ASSISTANCE

0
4. The authority citation for part 78 continues to read as follows:

    Authority:  6 U.S.C. 101; 42 U.S.C. 4001 et seq.; 42 U.S.C.
4104c, 4104d; Reorganization Plan No. 3 of 1978, 43 FR 41943, 3 CFR,
1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p.
376; E.O. 12148, 44 FR 43239, 3 CFR, 1979 Comp., p. 412; E.O. 13286,
68 FR 10619, 3 CFR, 2003 Comp., p. 166.

0
5. In Sec.  78.11, revise paragraph (b) to read as follows:

Sec.  78.11   Minimum project eligibility criteria.

* * * * *
    (b) Be in conformance with 44 CFR part 9, Floodplain Management and
Protection of Wetlands; Executive Order 12699, Seismic Safety of
Federal and Federally Assisted or Regulated New Building Construction;
and any applicable environmental laws and regulations.
* * * * *

PART 79--FLOOD MITIGATION GRANTS

0
6. The authority citation for part 79 continues to read as follows:

    Authority: 6 U.S.C. 101; 42 U.S.C. 4001 et seq.; 42 U.S.C.
4104c, 4104d; Reorganization Plan No. 3 of 1978, 43 FR 41943, 3 CFR,
1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p.
376; E.O. 12148, 44 FR 43239, 3 CFR, 1979 Comp., p. 412; E.O. 13286,
68 FR 10619, 3 CFR, 2003 Comp., p. 166.

0
7. In Sec.  79.3, revise paragraph (a)(6) to read as follows:

Sec.  79.3   Responsibilities.

    (a) * * *
    (6) Comply with applicable Federal statutory, regulatory, and
Executive Order requirements related to environmental and historic
preservation compliance, including reviewing and supplementing, if
necessary, the environmental analyses conducted by the State and
subgrantee in accordance with applicable laws, regulations, and agency
policy;
* * * * *

0
8. In Sec.  79.6, revise paragraph (d)(2) to read as follows:

Sec.  79.6   Eligibility.

* * * * *
    (d) * * *
    (2) Be in conformance with part 9 of this chapter, Floodplain
management and protection of wetlands, Sec.  60.3 of this subchapter,
Flood plain management criteria for flood-prone areas, and other
applicable Federal, State, tribal, and local laws and regulations;
* * * * *

PART 80--PROPERTY ACQUISITION AND RELOCATION FOR OPEN SPACE

0
9. The authority citation for part 80 continues to read as follows:

    Authority: Robert T. Stafford Disaster Relief and Emergency
Assistance Act, 42 U.S.C. 5121 through 5207; the National Flood
Insurance Act of 1968, as amended, 42 U.S.C. 4001 et seq.;
Reorganization Plan No. 3 of 1978, 43 FR 41943, 3 CFR, 1978 Comp.,
p. 329; Homeland Security Act of 2002, 6 U.S.C. 101; E.O. 12127, 44
FR 19367, 3 CFR, 1979 Comp., p. 376; E.O. 12148, 44 FR 43239, 3 CFR,
1979 Comp., p. 412; E.O. 13286, 68 FR 10619, 3 CFR, 2003 Comp., p.
166.

0
10. In Sec.  80.5, revise paragraph (a)(5) to read as follows:

Sec.  80.5   Roles and responsibilities.

* * * * *
    (a) * * *
    (5) Complying with applicable Federal statutory, regulatory, and
Executive Order requirements related to environmental and historic
preservation compliance, including reviewing and supplementing, if
necessary, environmental analyses conducted by the State and subgrantee
in accordance with applicable laws, regulations, and agency policy;
* * * * *

PART 206--FEDERAL DISASTER ASSISTANCE

0
11. The authority citation for part 206 continues to read as follows:

    Authority:  Robert T. Stafford Disaster Relief and Emergency
Assistance Act, 42 U.S.C. 5121 through 5207; Homeland Security Act
of 2002, 6 U.S.C. 101 et seq.; Department of Homeland Security
Delegation 9001.1; sec. 1105, Pub. L. 113-2, 127 Stat. 43 (42 U.S.C.
5189a note).

0
12. In Sec.  206.110, revise paragraph (l) to read as follows:

Sec.  206.110   Federal assistance to individuals and households.

* * * * *
    (l) Environmental requirements. Assistance provided under this
subpart must comply with the National Environmental Policy Act (NEPA)
and other environmental laws, regulations, Executive Orders, and
applicable agency policy.
* * * * *
0
13. In Sec.  206.117, revise paragraph (b)(1)(ii)(C) to read as
follows:

Sec.  206.117   Housing assistance.

* * * * *
    (b) * * *
    (1) * * *
    (ii) * * *
    (C) Any site upon which a FEMA-provided housing unit is placed must
comply with applicable State and local codes and ordinances, as well as
44 CFR part 9, Floodplain Management and Protection of Wetlands, and
all other applicable environmental and historic preservation laws,
regulations, Executive Orders, and agency policy.
* * * * *

0
14. Revise Sec.  206.220 to read as follows:

Sec.  206.220   General.

    This subpart provides policies and procedures for determinations of
eligibility of applicants for public assistance, eligibility of work,
and eligibility of costs for assistance under sections 402, 403, 406,
407, 418, 419,

421(d), 502, and 503 of the Stafford Act. Assistance under this subpart
must also conform to requirements of 44 CFR part 201, Mitigation
Planning, 44 CFR part 206, subparts G--Public Assistance Project
Administration, I--Public Assistance Insurance Requirements, J--Coastal
Barrier Resources Act, and M--Minimum Standards, 44 CFR part 9--
Floodplain Management, and other applicable environmental and historic
preservation laws, regulations, Executive Orders, and agency policy.

0
15. In Sec.  206.434, revise paragraph (c)(3) to read as follows:

Sec.  206.434   Eligibility.

* * * * *
    (c) * * *
    (3) Be in conformance with 44 CFR part 9, Floodplain Management and
Protection of Wetlands, and other applicable environmental and historic
preservation laws, regulations, Executive Orders, and agency policy;
* * * * *

0
16. In Sec.  206.436, revise paragraph (c)(10) to read as follows:

Sec.  206.436   Application procedures.

* * * * *
    (c) * * *
    (10) Environmental information consistent with 44 CFR part 9,
Floodplain Management and Protection of Wetlands, and other applicable
environmental and historic preservation laws, regulations, Executive
Orders, and agency policy.
* * * * *

PART 209--SUPPLEMENTAL PROPERTY ACQUISITION AND ELEVATION
ASSISTANCE

0
17. The authority citation for part 209 continues to read as follows:

    Authority: Pub. L. 106-113, Div. B, sec. 1000(a)(5) (enacting
H.R. 3425 by cross-reference), 113 Stat. 1501, 1536; Pub. L. 106-
246, 114 Stat. 511, 568; Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121, Reorganization Plan No. 3
of 1978, 43 FR 41943, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR
19367, 3 CFR, 1979 Comp., p. 376; E.O. 12148, 44 FR 43239, 3 CFR,
1979 Comp., p. 412.

0
18. In Sec.  209.6, revise paragraph (b)(3) to read as follows:

Sec.  209.6   Project eligibility.

* * * * *
    (b) * * *
    (3) Conform with 44 CFR part 9, Floodplain Management and
Protection of Wetlands, and other applicable environmental and historic
preservation laws, regulations, Executive Orders, and agency policy.
* * * * *

    Dated: August 2, 2016.
W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2016-19536 Filed 8-19-16; 8:45 am]
 BILLING CODE 9111-A6-P


[Federal Register Volume 74, Number 111 (Thursday, June 11, 2009)]
[Notices]
[Pages 27809-27810]
[FR Doc No: E9-13767]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-N-0664]

Peripheral and Central Nervous System Drugs Advisory Committee;
Notice of Meeting

AGENCY:  Food and Drug Administration, HHS.

ACTION:  Notice.

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

    This notice announces a forthcoming meeting of a public advisory
committee of the Food and Drug Administration (FDA). The meeting will
be open to the public.
    Name of Committee: Peripheral and Central Nervous System Drugs
Advisory Committee.
    General Function of the Committee: To provide advice and
recommendations to the agency on FDA's regulatory issues.
    Date and Time: The meeting will be held on August 11, 2009, from 8
a.m. to 5 p.m.
    Location: Hilton Washington DC/Silver Spring, The Ballrooms, 8727
Colesville Rd, Silver Spring, MD. The hotel telephone number is 301-
589-5200.
    Contact Person: Diem-Kieu Ngo, Center for Drug Evaluation and
Research (HFD-21), Food and Drug Administration, 5600 Fishers Lane (for
express delivery, 5630 Fishers Lane, rm. 1093), Rockville, MD 20857,
301-827-7001, FAX:<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>or FDA
Advisory Committee Information Line, 1-800-741-8138<PHONE_NUMBER> in
the Washington, DC area), code<PHONE_NUMBER>. Please call the Information
Line for up-to-date information on this meeting. A notice in the
Federal Register about last minute modifications that impact a
previously announced advisory committee meeting cannot always be
published quickly enough to provide timely notice. Therefore, you
should always check the agency's Web site and call the appropriate
advisory committee hot line/phone line to learn about possible
modifications before coming to the meeting.
    Agenda: The committee will discuss a new drug application (NDA) for
a radiopharmaceutical proposed for a special type of brain imaging in
patients with movement disorders. NDA 22-454, Ioflupane I 123 Injection
(proposed trade name DaTSCAN), GE HealthCare, is proposed for detecting
loss of functional nigrostriatal dopaminergic neurons by single photon
emission computed tomography (SPECT) imaging in patients presenting
with symptoms or signs of dopaminergic neurodegeneration.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its Web site prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's Web site after the meeting. Background material is
available at http://www.fda.gov/ohrms/dockets/ac/acmenu.htm, click on
the year 2009 and scroll down to the appropriate advisory committee
link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
Written submissions may be made to the contact person on or before July
28, 2009. Oral presentations from the public will be scheduled between
approximately 1 p.m. and 2 p.m. Those desiring to make formal oral
presentations should notify the contact person and submit a brief
statement of the general nature of the evidence or arguments they wish
to present, the names and addresses of proposed participants, and an
indication of the approximate time requested to make their presentation
on or before July 20, 2009. Time allotted for each presentation may be
limited. If the number of registrants requesting to speak is greater
than can be reasonably accommodated during the scheduled open public
hearing session, FDA may conduct a lottery to determine the speakers
for the scheduled open public hearing session. The contact person will
notify interested persons regarding their request to speak by July 21,
2009.
    Persons attending FDA's advisory committee meetings are advised
that the agency is not responsible for providing access to electrical
outlets.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
physical disabilities or special needs. If you require special
accommodations due to

a disability, please contact Diem-Kieu Ngo at least 7 days in advance
of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our Web site at http://www.fda.gov/oc/advisory/default.htm for procedures on public conduct during advisory committee
meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: May 29, 2009.
Randall W. Lutter,
Deputy Commissioner for Policy.
[FR Doc. E9-13767 Filed 6-10-09; 8:45 am]
BILLING CODE 4160-01-S