[Federal Register Volume 77, Number 120 (Thursday, June 21, 2012)]
[Rules and Regulations]
[Pages 37324-37326]
[FR Doc No: 2012-15113]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-0515]
RIN 1625-AA00

Safety Zone; Major Motion Picture Filming, Cape Fear River;
Wilmington, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Cape Fear River near Wilmington, North Carolina. The safety zone is
intended to restrict vessels from a portion of the Cape Fear River due
to the filming of a movie involving high speed boat chases and other
dangerous stunts on water. The temporary safety zone is necessary to
protect the surrounding public and vessels from the hazards associated
with the stunts that will be performed on the river during the filming
of this motion picture.

DATES: This rule is effective from August 2, 2012 through August 24,
2012.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-0515]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email BOSN3 Joseph M. Edge, Coast Guard Sector North Carolina,
Coast Guard; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>If
you have questions on viewing or submitting material to the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
(202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the final details for this event was
not provided to the Coast Guard until May 30, 2012. As such, it is
impracticable to provide a full comment period due to lack of time. In
addition, given the high risks of injury and damage that will be
created during the filming of the movie, a delay in enacting this
safety zone would be contrary to public interest.

B. Basis and Purpose

    The temporary safety zone is necessary to protect vessels from the
hazards associated with the stunts that will be performed during the
filming of a major motion picture. The filming will involve fast-paced,
multi-vessel, highly choreographed stunts, with multiple water and air
platforms interacting. The Captain of the Port, Sector North Carolina,
has determined that the stunts associated with the filming of this
motion picture do pose significant risks to public safety and property
and that a safety zone is necessary.

C. Discussion of the Final Rule

    The Coast Guard is establishing a temporary safety zone on the Cape
Fear River at Wilmington, NC. This safety zone will be enforced at
night, between 7:30 p.m. and 7:00 a.m. from August 2, 2012 until August
24, 2012 and encompasses all navigable waters from latitude
34[deg]11'14'' North, longitude 077[deg]57'26'' West to latitude
34[deg]12'42'' North, 077[deg]57'24'' West. [DATUM: NAD 83]
    While the enforcement periods are scheduled for approximately 12
hour blocks, filming and execution of the stunts will not take place
continuously during those periods. There will be periods of setup,
breakdown, preparation, et cetera. It is anticipated that actual
filming will take place in 20 minute increments throughout the
enforcement periods and that, in some cases, the filming may end prior
to the 7 a.m. enforcement deadlines. All persons and vessels shall
comply with the instructions of the Captain of the Port, Sector North
Carolina, or his or her on-scene representative. Entry into,
transiting, or anchoring within the safety zone is prohibited unless
authorized by the Captain of the Port, Sector North Carolina, or his or
her on-scene representative. The Captain of the Port, Sector North
Carolina, or his or her on-scene representative may be contacted via
VHF-FM channel 16.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    Although this regulation will restrict access to the area, the
effect of the rule will not be significant since this rule will only be
enforced while unsafe conditions exist. The Coast Guard also expects
that traffic will generally be very low based on the time of night that
this closure will occur.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The Coast Guard
certifies under 5 U.S.C. 605(b) that this rule will not have a
significant economic impact on a substantial number of small entities.
    This rule may affect the following entities, some of which might be
small entities: The owners or operators of vessels intending to transit
or anchor in this portion of the Cape Fear River from 7:30 p.m. to 7:00
a.m. between August 2, 2012 and August 24, 2012.
    The safety zone will not have significant economic impact on a
substantial number of small entities for the following reasons: This
rule will only be enforced while unsafe conditions exist. Traffic will
only be prohibited from passing through the zone when actual filming is
being conducted. Traffic will only be stopped

for a short duration not to exceed twenty minutes during any one
closure. In the event that the safety zone affects shipping, commercial
vessels may request permission from the Captain of the Port, Sector
North Carolina, or his or her on-scene representative to transit
through the safety zone. The Coast Guard will give notice to the public
via a Broadcast Notice to Marines that the regulation is in effect.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

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

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

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

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of safety zones. This
rule is categorically excluded from further review under paragraph
34(g) of Figure 2-1 of the Commandant Instruction. An environmental
analysis checklist supporting this determination and a Categorical
Exclusion Determination are available in the docket where indicated
under ADDRESSES. We seek any comments or information that may lead to
the discovery of a significant environmental impact from this rule.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add Sec.  165.T05-0515 to read as follows:

Sec.  165.T05-0515  Safety Zone; Major Motion Picture Filming, Cape
Fear River, Wilmington, NC.

    (a) Definitions. For the purposes of this section, Captain of the
Port means the Commander, Sector North Carolina. Representative means
any Coast Guard commissioned, warrant, or petty officer who has been
authorized to act on the behalf of the Captain of the Port.
    (b) Location. The following area is a safety zone: This safety zone
will encompass all waters on the Cape Fear River from latitude
34[deg]11'14'' North, longitude 077[deg]57'26'' West to latitude
34[deg]12'42'' North, longitude 077[deg]57'24'' West. All geographic
coordinates are North American Datum 1983 (NAD 83).
    (c) Regulations. (1) The general regulations contained in Sec.
165.23 of this

part apply to the area described in paragraph (b) of this section.
    (2) Persons or vessels requiring entry into or passage through any
portion of the safety zone must first request authorization from the
Captain of the Port, or a designated representative, unless the Captain
of the Port previously announced via Marine Safety Radio Broadcast on
VHF Marine Band Radio channel 22 (157.1 MHz) that this regulation will
not be enforced in that portion of the safety zone. The Captain of the
Port can be contacted at telephone number<PHONE_NUMBER> or by radio on
VHF Marine Band Radio, channels 13 and 16.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the zone by Federal, State, and local agencies.
    (e) Enforcement period. This section will be enforced from 7:30
p.m. to 7 a.m. from August 2, 2012 until August 24, 2012 unless
cancelled earlier by the Captain of the Port.

    Dated: June 11, 2012.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2012-15113 Filed 6-20-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: September 4, 2008 (Volume 73, Number 172)]
[Rules and Regulations]
[Page 51591-51596]
[DOCID:fr04se08-3]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 95

[Docket No. 30626; Amdt. No. 476]

IFR Altitudes; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts miscellaneous amendments to the required
IFR (instrument flight rules) altitudes and changeover points for
certain Federal airways, jet routes, or direct routes for which a
minimum or maximum en route authorized IFR altitude is prescribed. This
regulatory action is needed because of changes occurring in the
National Airspace System. These changes are designed to provide for the
safe and efficient use of the navigable airspace under instrument
conditions in the affected areas.

DATES: Effective Date: 0901 UTC, September 25, 2008.

FOR FURTHER INFORMATION CONTACT: Donald P. Pate, Flight Procedure
Standards Branch (AMCAFS-420), Flight Technologies and Programs
Division, Flight Standards Service, Federal Aviation Administration,
Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd. Oklahoma
City, OK. 73169 (Mail Address: P.O. Box 25082 Oklahoma City, OK. 73125)
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This amendment to part 95 of the Federal
Aviation Regulations (14 CFR part 95) amends, suspends, or revokes IFR
altitudes governing the operation of all aircraft in flight over a
specified route or any portion of that route, as well as the changeover
points (COPs) for Federal airways, jet routes, or direct routes as
prescribed in part 95.

The Rule

    The specified IFR altitudes, when used in conjunction with the
prescribed changeover points for those routes, ensure navigation aid
coverage that is adequate for safe flight operations and free of
frequency interference. The reasons and circumstances that create the
need for this amendment involve matters of flight safety and
operational efficiency in the National Airspace System, are related to
published aeronautical charts that are essential to the user, and
provide for the safe and efficient use of the navigable airspace. In
addition, those various reasons or circumstances require making this
amendment effective before the next scheduled charting and publication
date of the flight information to assure its timely availability to the
user. The effective date of this amendment reflects those
considerations. In view of the close and immediate relationship between
these regulatory changes and safety in air commerce, I find that notice
and public procedure before adopting this amendment are impracticable
and contrary to the public interest and that good cause exists for
making the amendment effective in less than 30 days.

Conclusion

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 95

    Airspace, Navigation (air).

    Issued in Washington, DC on August 27, 2008.
James J. Ballough,
Director, Flight Standards Service.

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me by the
Administrator, part 95 of the Federal Aviation Regulations (14 CFR part
95) is amended as follows effective at 0901 UTC, September 25, 2008.
0
1. The authority citation for part 95 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120,
44502, 44514, 44719, 44721.
0
2. Part 95 is amended to read as follows:

      Revisions to IFR Altitudes & Changeover Points--Amendment 476
                   [Effective date September 25, 2008]
------------------------------------------------------------------------
               From                           To                 MEA
------------------------------------------------------------------------
             Sec.   95.1001 DIRECT ROUTES--U.S. COLOR ROUTES
                  Sec.   95.10 AMBER FEDERAL AIRWAY A6
------------------------------------------------------------------------
IS ADDED TO READ:
    ST MARYS, AK NDB.............  NORTH RIVER, AK NDB.....         5000
------------------------------------------------------------------------

                     From                                         To                        MEA          MAA
----------------------------------------------------------------------------------------------------------------
                                    Sec.   95.4000 HIGH ALTITUDE RNAV ROUTES
                                         Sec.   95.4110 RNAV ROUTE Q110
----------------------------------------------------------------------------------------------------------------
IS AMENDED BY ADDING:
    THNDR, FL FIX.............................  KPASA, FL FIX.........................  *1        45000
                                                                                8000
        *18000--GNSS MEA......................
        DME/DME/IRU RNAV MEA.........
----------------------------------------------------------------------------------------------------------------
                                         Sec.   95.4257 RNAV ROUTE T257
----------------------------------------------------------------------------------------------------------------
IS ADDED TO READ:
    BIG SUR, CA VORTAC........................  ISIFU, CA FIX.........................         7300        17500
    ISIFU, CA FIX.............................  SUTRO, CA FIX.........................         4900        17500
    SUTRO, CA FIX.............................  POINT REYES, CA VORTAC................         4000        17500
----------------------------------------------------------------------------------------------------------------
                                         Sec.   95.4259 RNAV ROUTE T259
----------------------------------------------------------------------------------------------------------------
IS ADDED TO READ:
    SAN JOSE, CA VOR/DME......................  CEDES, CA FIX.........................         6200        17500
    CEDES, CA FIX.............................  MOVDD, CA FIX.........................         5900        17500
    MOVDD, CA FIX.............................  SACRAMENTO, CA VORTAC.................         3200        17500
----------------------------------------------------------------------------------------------------------------
                                         Sec.   95.4261 RNAV ROUTE T261
----------------------------------------------------------------------------------------------------------------
IS ADDED TO READ:
    WOODSIDE, CA VORTAC.......................  ALTAM, CA FIX.........................         5000        17500
----------------------------------------------------------------------------------------------------------------
                                         Sec.   95.4263 RNAV ROUTE T263
----------------------------------------------------------------------------------------------------------------
IS ADDED TO READ:
    SUNOL, CA FIX.............................  SCAGGS ISLAND, CA VORTAC..............         4600        17500
----------------------------------------------------------------------------------------------------------------
                                         Sec.   95.4274 RNAV ROUTE T274
----------------------------------------------------------------------------------------------------------------
IS ADDED TO READ:
    NEWPORT, OR VORTAC........................  *CRAAF, OR FIX........................         5500        17500
        *5000--MCA CRAAF, OR FIX, SW BND......
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
                      From                                          To                        MEA
-----------------------------------------------------------------------------------------------------
                                  Sec.   95.6001 VICTOR ROUTES--U.S.
                                 Sec.   95.6005 VOR FEDERAL AIRWAY V5
----------------------------------------------------------------------------------------------------------------
IS AMENDED TO READ IN PART:

    APPLETON, OH VORTAC...............  MANSFIELD, OH VORTAC...................         3000
        R-006 UNUSABLE................
----------------------------------------------------------------------------------------------------------------
                                 Sec.   95.6006 VOR FEDERAL AIRWAY V6
----------------------------------------------------------------------------------------------------------------
IS AMENDED TO READ IN PART:
    MUSTANG, NV VORTAC.........................  WADDS, NV FIX..........................        10300
    WADDS, NV FIX..............................  *LOVELOCK, NV VORTAC...................      **10000
        *8500--MCA LOVELOCK, NV VORTAC, NE BND.
        **9500--MOCA...........................
----------------------------------------------------------------------------------------------------------------
                                Sec.   95.6013 VOR FEDERAL AIRWAY V13
----------------------------------------------------------------------------------------------------------------
IS AMENDED TO READ IN PART:
    *CHESO, AR FIX.............................  RAZORBACK, AR VORTAC...................         3700
        *5000--MRA.............................
----------------------------------------------------------------------------------------------------------------
                                Sec.   95.6014 VOR FEDERAL AIRWAY V14
----------------------------------------------------------------------------------------------------------------
IS AMENDED TO READ IN PART:
    BUFFALO, NY VOR/DME........................  GENESEO, NY VOR/DME....................         4000
----------------------------------------------------------------------------------------------------------------
                                Sec.   95.6017 VOR FEDERAL AIRWAY V17
----------------------------------------------------------------------------------------------------------------
IS AMENDED TO READ IN PART:
    GARDEN CITY, KS VORTAC.....................  *COFFE, KS FIX.........................       **5500
        *9000--MRA.............................
        **4600--MOCA...........................
----------------------------------------------------------------------------------------------------------------
                                Sec.   95.6023 VOR FEDERAL AIRWAY V23
----------------------------------------------------------------------------------------------------------------
IS AMENDED TO READ IN PART:
    SACRAMENTO, CA VORTAC......................  GRIME, CA FIX..........................        *2000
        *1600--MOCA............................
    GRIME, CA FIX..............................  YUBBA, CA FIX..........................        *4000
        *2000--MOCA............................
    YUBBA, CA FIX..............................  *GRIDD, CA FIX.........................       **4000
        *4000--MRA.............................
        **3400--MOCA...........................
    GRIDD, CA FIX..............................  RED BLUFF, CA VORTAC...................        *3000
        *1700--MOCA............................
----------------------------------------------------------------------------------------------------------------
                                Sec.   95.6043 VOR FEDERAL AIRWAY V43
----------------------------------------------------------------------------------------------------------------
IS AMENDED TO READ IN PART:
    APPLETON, OH VORTAC...............  TIVERTON, OH VOR/DME...................         3000
        R-055 UNUSABLE................
----------------------------------------------------------------------------------------------------------------
                                Sec.   95.6051 VOR FEDERAL AIRWAY V51
----------------------------------------------------------------------------------------------------------------
IS AMENDED TO READ IN PART:
    NABB, IN VORTAC............................  SHELBYVILLE, IN VORTAC.................         3000
----------------------------------------------------------------------------------------------------------------
                                Sec.   95.6084 VOR FEDERAL AIRWAY V84
----------------------------------------------------------------------------------------------------------------
IS AMENDED TO READ IN PART:
    BUFFALO, NY VOR/DME........................  GENESEO, NY VOR/DME....................         4000
----------------------------------------------------------------------------------------------------------------
                                Sec.   95.6113 VOR FEDERAL AIRWAY V113
----------------------------------------------------------------------------------------------------------------
IS AMENDED TO READ IN PART:
    MUSTANG, NV VORTAC.........................  NICER, NV FIX..........................        10300
    NICER, NV FIX..............................  ROBUD, NV FIX..........................       *12000
        *10600--MOCA...........................
    ROBUD, NV FIX..............................  SOD HOUSE, NV VORTAC...................       *10000
        *9000--MOCA............................
----------------------------------------------------------------------------------------------------------------
                                Sec.   95.6171 VOR FEDERAL AIRWAY V171
----------------------------------------------------------------------------------------------------------------
IS AMENDED TO READ IN PART:
    EMILS, MN FIX..............................  FARMINGTON, MN VORTAC..................        *5500
        *3000--GNSS MEA........................
    FARMINGTON, MN VORTAC......................  JONNA, MN FIX..........................  *3
                                                                                500
        *2500--MOCA............................
        *3000--GNSS MEA...............

    JONNA, MN FIX..............................  DARWIN, MN VORTAC......................         2900
----------------------------------------------------------------------------------------------------------------
                                Sec.   95.6184 VOR FEDERAL AIRWAY V184
----------------------------------------------------------------------------------------------------------------
IS AMENDED TO READ IN PART:
    PANZE, NJ FIX..............................  FALON, NJ FIX..........................  *5
                                                                                000
        *1500--MOCA............................
        *2000--GNSS MEA...............
    FALON, NJ FIX..............................  ZIGGI, NJ FIX..........................        *2500
        *1600--MOCA............................
----------------------------------------------------------------------------------------------------------------
                                Sec.   95.6195 VOR FEDERAL AIRWAY V195
----------------------------------------------------------------------------------------------------------------
IS AMENDED TO READ IN PART:
    WILLIAMS, CA VORTAC........................  JINGO, CA FIX..........................        *3000
        *2000--MOCA............................
    JINGO, CA FIX..............................  RED BLUFF, CA VORTAC...................        *3000
        *1700--MOCA............................
----------------------------------------------------------------------------------------------------------------
                                Sec.   95.6208 VOR FEDERAL AIRWAY V208
----------------------------------------------------------------------------------------------------------------
IS AMENDED TO READ IN PART:
    PACIF, CA FIX..............................  OCEANSIDE, CA VORTAC...................         3000
----------------------------------------------------------------------------------------------------------------
                                Sec.   95.6221 VOR FEDERAL AIRWAY V221
----------------------------------------------------------------------------------------------------------------
IS AMENDED TO READ IN PART:
    HOOSIER, IN VORTAC................  SHELBYVILLE, IN VORTAC.................        *6000
        *3000--MOCA............................
        R-053 UNUSABLE................
----------------------------------------------------------------------------------------------------------------
                                Sec.   95.6232 VOR FEDERAL AIRWAY V232
----------------------------------------------------------------------------------------------------------------
IS AMENDED TO READ IN PART:
    CHARDON, OH VOR/DME........................  HAGAR, PA FIX..........................         3300
    HAGAR, PA FIX..............................  FRANKLIN, PA VOR.......................         3300
----------------------------------------------------------------------------------------------------------------
                                Sec.   95.6244 VOR FEDERAL AIRWAY V244
----------------------------------------------------------------------------------------------------------------
IS AMENDED TO READ IN PART:
    *NIKOL, CA FIX.............................  COALDALE, NV VORTAC....................        12500
        *13000--MCA NIKOL, CA FIX, W BND.......
    LAMAR, CO VORTAC...........................  *COFFE, KS FIX.........................       **9000
        *9000--MRA.............................
        **5400--MOCA...........................
----------------------------------------------------------------------------------------------------------------
                                Sec.   95.6292 VOR FEDERAL AIRWAY V292
----------------------------------------------------------------------------------------------------------------
IS AMENDED TO READ IN PART:
    SAGES, NY FIX..............................  *WIGAN, NY FIX.........................  **
                                                                                10000
        *4500--MRA.............................
        **6400--MOCA...........................
        7000--GNSS MEA................
    WIGAN, NY FIX..............................  BARNES, MA VORTAC......................  **
                                                                                10000
        **4900--MOCA...........................
        5000--GNSS MEA................
    BARNES, MA VORTAC..........................  GLYDE, MA FIX..........................  *7
                                                                                000
        *2700--MOCA............................
        4000--GNSS MEA................
----------------------------------------------------------------------------------------------------------------
                                Sec.   95.6365 VOR FEDERAL AIRWAY V365
----------------------------------------------------------------------------------------------------------------
IS AMENDED TO READ IN PART:
    *BOZEMAN, MT VOR/DME.......................  **MENAR, MT FIX........................         8700
        *9300--MCA BOZEMAN, MT VOR/DME, SE BND.
        **9200--MCA MENAR, MT FIX, NW BND......
    MENAR, MT FIX..............................  SWEDD, MT FIX..........................       *10000
        *9400--MOCA............................
----------------------------------------------------------------------------------------------------------------
                                Sec.   95.6434 VOR FEDERAL AIRWAY V434
----------------------------------------------------------------------------------------------------------------
IS AMENDED TO READ IN PART:
    PEORIA, IL VORTAC..........................  CHAMPLAIN, IL VORTAC...................         2800
----------------------------------------------------------------------------------------------------------------

                                Sec.   95.6458 VOR FEDERAL AIRWAY V458
----------------------------------------------------------------------------------------------------------------
IS AMENDED TO READ IN PART:
    PACIF, CA FIX..............................  OCEANSIDE, CA VORTAC...................         3000
----------------------------------------------------------------------------------------------------------------
                                Sec.   95.6523 VOR FEDERAL AIRWAY V523
----------------------------------------------------------------------------------------------------------------
IS AMENDED TO READ IN PART:
    APPLETON, OH VORTAC...............  TIVERTON, OH VOR/DME...................         3000
        R-055 UNUSABLE................
----------------------------------------------------------------------------------------------------------------
                                Sec.   95.6525 VOR FEDERAL AIRWAY V525
----------------------------------------------------------------------------------------------------------------
IS AMENDED TO READ IN PART:
    APPLETON, OH VORTAC...............  TIVERTON, OH VOR/DME...................         3000
        R-055 UNUSABLE................
----------------------------------------------------------------------------------------------------------------
                                Sec.   95.6536 VOR FEDERAL AIRWAY V536
----------------------------------------------------------------------------------------------------------------
IS AMENDED TO READ IN PART:
    SWEDD, MT FIX..............................  *MENAR, MT FIX.........................      **10000
        *9200--MCA MENAR, MT FIX, NW BND.......
        **9400--MOCA...........................
    MENAR, MT FIX..............................  *BOZEMAN, MT VOR/DME...................         8700
        *9300--MCA BOZEMAN, MT VOR/DME, SE BND.
----------------------------------------------------------------------------------------------------------------
                                Sec.   95.6563 VOR FEDERAL AIRWAY V563
----------------------------------------------------------------------------------------------------------------
IS AMENDED TO READ IN PART:
    LUBBOCK, TX VORTAC.........................  BIG SPRING, TX VORTAC..................         5200
----------------------------------------------------------------------------------------------------------------
                            Sec.   95.6351 ALASKA VOR FEDERAL AIRWAY V351
----------------------------------------------------------------------------------------------------------------
IS ADDED TO READ:
    DILLINGHAM, AK VOR/DME.....................  PORT HEIDEN, AK NDB/DME................         3000
----------------------------------------------------------------------------------------------------------------
                             Sec.   95.641 ALASKA VOR FEDERAL AIRWAY V414
----------------------------------------------------------------------------------------------------------------
IS ADDED TO READ:
    GAMBELL, AK NDB............................  KUKULIAK, AK VOR.......................         3000
----------------------------------------------------------------------------------------------------------------
                            Sec.   95.6477 ALASKA VOR FEDERAL AIRWAY V477
----------------------------------------------------------------------------------------------------------------
IS AMENDED TO READ IN PART:
    HUSLIA, AK VOR/DME.........................  ATAGO, AK FIX..........................  ...........
                                                 E BND..................................        *3500
                                                 W BND..................................        *4000
        *2500--MOCA............................
    ATAGO, AK FIX..............................  DESOY, AK FIX..........................         4000
    DESOY, AK FIX..............................  SELAWIK, AK VOR/DME....................  ...........
                                                 W BND..................................         2500
                                                 E BND..................................         4000
----------------------------------------------------------------------------------------------------------------
                            Sec.   95.6619 ALASKA VOR FEDERAL AIRWAY V619
----------------------------------------------------------------------------------------------------------------
IS ADDED TO READ:
    PORT HEIDEN, AK NDB/DME....................  SALDO, AK NDB..........................         4000
    SALDO, AK NDB..............................  DILLINGHAM, AK VOR/DME.................         3000
----------------------------------------------------------------------------------------------------------------

                     From                                         To                        MEA          MAA
----------------------------------------------------------------------------------------------------------------
                                            Sec.   95.7001 JET ROUTES
                                          Sec.   95.7211 JET ROUTE J211
----------------------------------------------------------------------------------------------------------------
IS AMENDED TO READ IN PART:
    YOUNGSTOWN, OH VORTAC............  JOHNSTOWN, PA VORTAC..................        18000        45000
        R-130 UNUSABLE ABOVE 24000...
----------------------------------------------------------------------------------------------------------------

------------------------------------------------------------------------
             From                     To         Distance       From
------------------------------------------------------------------------
        Sec.   95.8003 VOR FEDERAL AIRWAY CHANGEOVER POINTS V221
------------------------------------------------------------------------
IS AMENDED TO DELETE:
    HOOSIER, IN, VORTAC......  SHELBYVILLE,            15  HOOSIER
                                IN, VORTAC.
------------------------------------------------------------------------

 [FR Doc. E8-20443 Filed 9-3-08; 8:45 am]

BILLING CODE 4910-13-P


39540 Federal Register / Vol. 68, No. 127 / Wednesday, July 2, 2003 / Notices model known as MOBILE, which calculates the contribution of mobile source emissions to ambient air pollution. MOBILE is used by EPA, state and local air pollution agencies, the automotive industry, and other parties that are interested in estimating mobile source emissions. These estimates, when generated by governments are the basis for State Implementation Plans ( SIPs), and Reasonable Further Progress ( RFP) reports for the attainment status assessments for the National Ambient Air Quality Standards ( NAAQS). Furthermore, the EFP data collected under this ICR will be used to construct a new model to replace MOBILE, the `` Multi scale Motor Vehicle & Equipment Emission System'' ( MOVES). MOVES will be based on field sample data as opposed to laboratory simulations. This change is due to recommendations made to EPA by the National Research Council, the Office of Management and Budget and is enabled by the availability of suitable technology for the collection of emission and activity data while the vehicles are being used by their owners/ operators. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15, and are identified on the form and/ or instrument, if applicable. Burden Statement: The annual public reporting and recordkeeping burden for this collection of information is estimated to average about 3 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. Respondents/ Affected Entities: Owners of on highway vehicles. Estimated Number of Respondents: 420. Frequency of Response: On Occasion. Estimated Total Annual Hour Burden: 883. Estimated Total Respondent Annual Cost: $ 28,160. Changes in the Estimates: There is a decrease of 766 hours in the total estimated burden currently identified in the OMB Inventory of Approved ICR Burdens. This decrease is due to budget constraints on program which will limit the scope of the collection request.

Dated: June 24, 2003. Doreen Sterling, Acting Director, Collection Strategies Division. [ FR Doc. 03   16733 Filed 7   1   03; 8: 45 am]

BILLING CODE 6560   50   P ENVIRONMENTAL PROTECTION AGENCY [ OECA   2003   0040; FRL   7521   8]

Agency Information: Collection Activities; Submission for OMB Review and Approval; Comment Request; NSPS for Flexible Vinyl and Urethane Coating and Printing, EPA ICR Number 1157.07, OMB Number 2060   0073 AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: In compliance with the Paperwork Reduction Act ( 44 U. S. C. 3501 et seq.), this document announces that the following Information Collection Request ( ICR) has been forwarded to the Office of Management and Budget ( OMB) for review and approval: NSPS for Flexible Vinyl and Urethane Coating and Printing, OMB Control Number 2060   0073, EPA ICR Number 1157.07. The ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and cost. DATES: Additional comments may be submitted on or before August 1, 2003. ADDRESSES: Follow the detailed instructions under SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Learia Williams, Compliance Assessment and Media Programs Division, Office of Compliance, ( Mail Code 2223A), Environmental Protection Agency, 1200 Pennsylvania Avenue, NW, Washington, DC 20460; telephone number: ( 202) 564   4113; fax number: ( 202) 564   0050; e mail address: williams. learia@ epa. gov.

SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB for review and approval according to the procedures prescribed in 5 CFR 1320.12. On September 26, 2002 ( 67 FR 60672), EPA sought comments on this ICR pursuant to 5 CFR 1320.8( d). EPA received no comments. EPA has established a public docket for this ICR under Docket ID Number OECA   2003   0040, which is available for public viewing at the Enforcement and Compliance Docket and Information Center in the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Avenue, NW., Washington, DC. The EPA Docket Center Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is ( 202) 566   1744, and the telephone number for the Enforcement and Compliance Docket and Information Center is: ( 202) 566   1514. An electronic version of the public docket is available through EPA Dockets ( EDOCKET) at http:// www. epa. gov/ edocket. Use EDOCKET to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. When in the system, select `` search,'' then key in the docket ID number identified above. Any comments related to this ICR should be submitted to EPA and OMB within 30 days of this notice, and according to the following detailed instructions: ( 1) Submit your comments to EPA online using EDOCKET ( our preferred method), by e mail to docket. oeca@ epa. gov, or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code: 2201T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, and ( 2) mail your comments to OMB at: Office of Information and Regulatory Affairs, Office of Management and Budget ( OMB), Attention: Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503. EPA's policy is that public comment, whether submitted electronically or on paper, will be available for public viewing in EDOCKET, as EPA receives them without change, unless the comment contains copyrighted material, Confidential Business Information ( CBI), or other information whose public disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment placed in EDOCKET. The entire printed comment, including copyrighted material, will be available in the public docket. Although identified as an item in the official docket, information claimed as CBI, or whose disclosure is otherwise restricted by statute, is not included in the official public docket, and will not be available VerDate Jan< 31> 2003 16: 33 Jul 01, 2003 Jkt 200001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 02JYN1. SGM 02JYN1 39541 Federal Register / Vol. 68, No. 127 / Wednesday, July 2, 2003 / Notices for public viewing in EDOCKET. For further information about the electronic docket, see EPA's notice describing the electronic docket at 67 FR 38102 ( May 31, 2002), or go to www. epa. gov/ edocket. Title: NSPS for Flexible Vinyl and Urethane Coating and Printing ( 40 CFR part 60, subpart FFF), OMB Control Number 2060   0073, EPA ICR Number 1157.07. This is a request to renew an existing, approved collection that is scheduled to expire on June 30, 2003. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. Abstract: The NSPS for Flexible Vinyl and Urethane Coating and Printing, published at 40 CFR part 60, subpart FFF, were proposed on January 18, 1983, and promulgated on June 29, 1984. These standards of performance for this category of new stationary sources of hazardous air pollutants are required by section 111 of the Clean Air Act. Facilities may meet the standards by using materials with a low concentration of Volatile Organic Compounds ( VOCs), or by installing emission control devices. The information that is required to be submitted to the Agency or kept at the facility is needed to insure compliance with the regulation. These include initial one time notifications, performance tests plans and reports and records of maintenance and shutdown, startup, and malfunctions. For facilities that install continuous monitoring system ( CMS) there are performance tests, and maintenance reports. Excess emissions reports are submitted semiannually. Responses to the collection of information are mandatory ( 40 CFR part 60, subpart FFF). An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB Control Number. The OMB Control Numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15, and are identified on the form and/ or instrument, if applicable. Burden Statement: The annual public reporting and recordkeeping burden for this collection of information are estimated to average 14 ( rounded) hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. Respondents/ Affected Entities: Flexible Vinyl and Urethane Coating and Printing Manufacturers. Estimated Number of Respondents: 20. Frequency of Response: Semiannually, initially. Estimated Total Annual Hour Burden: 593. Estimated Total Capital and Operations & Maintenance ( O & M) Annual Costs: $ 61,000. Changes in the Estimates: There is an increase of 78 hours in the total estimated burden currently identified in the OMB Inventory of Approved ICR Burdens. This increase in burden from the most recently approved ICR is due to more accurate estimates of existing sources. We have assumed that there will be one new source ( respondent) over the three years period of this ICR. The change in respondent cost is also due to a labor rate change where the rate has increased over the three years period of this ICR.

Dated: June 24, 2003. Doreen Sterling, Acting Director, Collection Strategies Division. [ FR Doc. 03   16734 Filed 7   1   03; 8: 45 am]

BILLING CODE 6560   50   P ENVIRONMENTAL PROTECTION AGENCY [ OPP   2003   0212; FRL   7312   9]

Indoxacarb; Notice of Filing a Pesticide Petition to Establish a Tolerance for a Certain Pesticide Chemical in or on Food AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: This notice announces the initial filing of a pesticide petition proposing the establishment of regulations for residues of a certain pesticide chemical in or on various food commodities. DATES: Comments, identified by docket ID number OPP   2003   0212, must be received on or before August 1, 2003. ADDRESSES: Comments may be submitted electronically, by mail, or through hand delivery/ courier. Follow the detailed instructions as provided in Unit I. of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Rita Kumar, Registration Division ( 7505C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001; telephone number: ( 703) 308   8291; e mail address: kumar. rita@ epa. gov.

SUPPLEMENTARY INFORMATION:

I. General Information A. Does this Action Apply to Me?

You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. Potentially affected entities may include, but are not limited to:   Crop production ( NAICS 111)   Animal production ( NAICS 112)   Food manufacturing ( NAICS 311)   Pesticide manufacturing ( NAICS 32532) This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System ( NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of This Document and Other Related Information?

1. EPA Docket. EPA has established an official public docket for this action under docket ID number OPP   2003   0212. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although, a part of the official docket, the public docket does not include Confidential Business Information ( CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the Public Information and Records Integrity Branch ( PIRIB), Rm. 119, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open from 8: 30 a. m. to 4 p. m., Monday through Friday, excluding legal VerDate Jan< 31> 2003 16: 33 Jul 01, 2003 Jkt 200001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 02JYN1. SGM 02JYN1


[Federal Register: May 8, 2009 (Volume 74, Number 88)]
[Notices]
[Page 21688-21689]
[DOCID:fr08my09-84]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2008-N-0635]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Emergency Shortages
Data Collection System (formerly ``Emergency Medical Device Shortages
Program Survey'')

AGENCY:  Food and Drug Administration, HHS.

ACTION:  Notice.

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

SUMMARY:  The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by June 8,
2009.

ADDRESSES:  To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
FAX:<PHONE_NUMBER>, or e-mailed to<EMAIL_ADDRESS>All
comments should be identified with the OMB control number 0910-0491.
Also include the FDA docket number found in brackets in the heading of
this document.

FOR FURTHER INFORMATION CONTACT:  Denver Presley, Jr., Office of
Information Management (HFA-710), Food and Drug Administration, 5600
Fishers Lane, Rockville, MD 20857,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA
published a 30-day notice in the Federal Register of March 16, 2009 (74
FR 11116), that: (1) Responded to comments on the information
collection provisions received in response to a 60-day notice that
published in the Federal Register of December 19, 2008 (73 FR 77718),
and (2) announced submission of the proposed collection of information
to OMB for review and clearance. In response to a request by OMB, FDA
is republishing the 30-day notice of the proposed collection of
information set forth in this document.

Emergency Shortages Data Collection System (formerly ``Emergency
Medical Device Shortages Program Survey'')--Section 903(d)(2) of the
Federal Food, Drug, and Cosmetic Act (OMB Control Number 0910-0491)--
Extension

    Under section 903(d)(2) of the Federal Food, Drug, and Cosmetic Act
(the act) (21 U.S.C. 393(d)(2)), the FDA Commissioner is authorized to
implement general powers (including conducting research) to carry out
effectively the mission of FDA. Subsequent to the events of September
11, 2001, and as part of broader counter-terrorism and emergency
preparedness activities, FDA's Center for Devices and Radiological
Health (CDRH) began developing operational plans and interventions that
would enable CDRH to anticipate and respond to medical device shortages
that might arise in the context of federally-declared disasters/
emergencies or regulatory actions. In particular, CDRH identified the
need to acquire and maintain detailed data on domestic inventory,
manufacturing capabilities, distribution plans and raw material
constraints for medical devices that would be in high demand, and/or
would be vulnerable to shortages in specific disaster/emergency
situations, or following specific regulatory actions. Such data could
support prospective risk assessment, help inform risk mitigation
strategies, and support real-time decisionmaking by the Department of
Health and Human Services during actual emergencies or emergency
preparedness exercises.
    ``The Emergency Medical Device Shortages Program Survey'' was
developed in 2002 to support the acquisition of such data from medical
device manufacturers. In 2004, CDRH changed the process for the data
collection, and the electronic database in which the data were stored
and was formally renamed the ``Emergency Shortages Data Collection
System'' (ESDCS). Recognizing that some of the data collected may be
commercially confidential, access to ESDCS is restricted to members of
the FDA Emergency Shortage Team (EST) and senior management with a
need-to-know. At this time, the need-to-know senior management
personnel are limited to 5 senior managers. Further, the data are used
by this defined group only for decisionmaking and planning in the
context of a federally-declared disaster/emergency, an official
emergency preparedness exercise, or a potential public health risk
posed by non-disaster-related device shortage.
    The data procurement process consists of an initial scripted
telephone call to a regulatory officer at a registered manufacturer of
one or more key medical devices being tracked in the emergency
shortages data collection system. In this initial call, the intent and
goals of the data collection effort are described, and the specific
data request is made. After the initial call, one or more additional
followup calls and/or electronic mail correspondence may be required to
verify/validate data sent from the manufacturer, confirm receipt and/or
request additional detail. Although the regulatory officer is the agent
who is initially contacted, they may designate an alternate
representative within their organization to correspond subsequently
with the CDRH EST member who is collecting or verifying/validating the
data.
    Because of the dynamic nature of the medical device industry,
particularly with respect to specific product lines, manufacturing
capabilities and raw material/subcomponent sourcing, it is necessary to
update the data in the ESDCS at regular intervals. This is done on a
weekly basis, but efforts are made to limit the frequency of outreach
to a specific manufacturer to no more than every 4 months.
    The ESDCS will only include those medical devices for which there
will likely be high demand during a specific emergency/disaster, or for
which there are sufficiently small numbers of manufacturers such that
disruption of manufacture or loss of one or more of these manufacturers
would create a shortage.
    In the Federal Register of December 19, 2008 (73 FR 77718), FDA
published a 60-day notice requesting public comment on the information
collection provisions. No comments were received.
    FDA estimates the burden of this collection of information as
follows:

                                 Table 1.--Estimated Annual Reporting Burden\1\
----------------------------------------------------------------------------------------------------------------
  Section of the         No. of        Annual Frequency     Total Annual        Hours per
       Act            Respondents       per  Response        Responses           Response         Total Hours
----------------------------------------------------------------------------------------------------------------
903(d)(2)                        125                  3                375                0.5                188
----------------------------------------------------------------------------------------------------------------
\1\There are no capital costs or operating and maintenance costs associated with this collection of information.

    FDA based the burden estimates in Table 1 of this document on past
experience with direct contact with the medical device manufacturers,
and anticipated changes in the medical device manufacturing patterns
for the specific devices being monitored. FDA estimates that
approximately 125 manufacturers would be contacted by telephone and/or
electronic mail 3 times per year to either obtain primary data or to
verify/validate data. Because the data being requested represent data
elements that are monitored or tracked by manufacturers as part of
routine inventory management activities, it is anticipated that for
most manufacturers, the estimated time required of manufacturers to
complete the data request will not exceed 30 minutes per request cycle.

    Dated: May 4, 2009.
Jeffrey Shuren,
Associate Commissioner for Policy and Planning.
[FR Doc. E9-10816 Filed 5-7-09; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register: August 22, 2007 (Volume 72, Number 162)]
[Notices]
[Page 46984]
[DOCID:fr22au07-80]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-200-033]

Rockies Express Pipeline LLC; Notice of Tariff Filing and
Negotiated Rate

August 15, 2007.
    Take notice that on August 3, 2007, Rockies Express Pipeline LLC
(REX) tendered for filing as part of its FERC Gas Tariff, Fourth
Revised Sheet No. 22A, effective August 4, 2007.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of 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 14 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 e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-16507 Filed 8-21-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 35 (Tuesday, February 22, 2022)]
[Rules and Regulations]
[Pages 9427-9429]
[FR Doc No: 2022-03805]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0144; Project Identifier AD-2022-00042-T;
Amendment 39-21952; AD 2022-05-01]
RIN 2120-AA64

Airworthiness Directives; Learjet, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Learjet, Inc., Model 35, 35A (C-21A), 36, 36A, 55, 55B, 55C,
and 60 airplanes. This AD was prompted by a report indicating that a
repair station approved Learjet spoiler assemblies for return to
service after extending their life limit. This AD requires removing
certain spoiler assemblies from service and prohibits their
installation. The FAA is issuing this AD to address the unsafe
condition on these products.

DATES: This AD is effective March 9, 2022.
    The FAA must receive comments on this AD by April 8, 2022.

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 https://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.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0144; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this final rule, any
comments received, and other information. The street address for Docket
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Tara Shawn, Aerospace Engineer,
Airframe and Services Section, FAA, Wichita ACO Branch, 1801 Airport
Road, Room 100, Wichita, KS 67209; phone:<PHONE_NUMBER>; email:
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    On September 14, 2021, the FAA Kansas City Flight Standards
District Office (FSDO) received a report that a repair station,
Restored Aircraft Sales and Service, LLC, had approved several Learjet
spoiler assemblies for return to service after completing a life limit
extension. The Kansas City FSDO notified the Wichita ACO Branch of this
issue on September 22, 2021.
    Investigation by the Kansas City FSDO and Wichita ACO Branch
revealed that after overhauling or repairing spoiler assemblies for
Learjet airplanes, the repair station extended the FAA-approved life
limit of the spoiler assemblies, in some cases by

doubling, the life limit established by Learjet in the airworthiness
limitations section of the instructions for continued airworthiness.
This maintenance on the spoiler assemblies performed by the repair
station constituted a major change in type design. Since the repair
station does not hold the type certificate for the affected airplanes,
this major change in type design required application for a
supplemental type certificate and FAA approval to ensure the structural
durability of the spoiler assemblies beyond the established life limit.
Instead, the approval for return to service by the repair station
lacked references to acceptable data and FAA approval. Documentation
received during the investigation suggests that these spoiler
assemblies are being used in service beyond the FAA-approved life
limit. Furthermore, the investigation specifically identified eight
spoiler assemblies that had their life limit extended and were approved
for return to service, although there could be more spoiler assemblies
subject to the unsafe condition.
    Operation of an airplane with a spoiler assembly beyond its FAA-
approved life limit, if not addressed, could lead to undetected
cracking and consequent failure or separation of the spoiler assembly,
resulting in a reduction or complete loss of control of the airplane.
The FAA is issuing this AD to address the unsafe condition on these
products.

FAA's Determination

    The FAA is issuing this AD because the agency has determined that
the unsafe condition described previously is likely to exist or develop
in other products of the same type design.

AD Requirements

    This AD requires removing affected spoiler assemblies (those that
have had their life limit extended by Restored Aircraft Sales and
Service, LLC, or the maintenance records related to the life limit for
the spoiler assembly are missing or incomplete) before further flight.
This AD also prohibits the installation of affected spoiler assemblies
on the identified Learjet airplane models.

Justification for Immediate Adoption and Determination of the Effective
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies forgoing notice and comment prior to adoption of this rule
because use of a spoiler assembly beyond its FAA-approved life limit
could lead to undetected cracking and consequent failure or separation
of the spoiler assembly, resulting in a reduction or complete loss of
control of the airplane. Based on the lack of available data that would
ensure the strength or durability characteristics of these assemblies
beyond their life limit, the FAA has determined that affected spoiler
assemblies must be removed before further flight. Accordingly, notice
and opportunity for prior public comment are impracticable and contrary
to the public interest pursuant to 5 U.S.C. 553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forgo notice and
comment.

Comments Invited

    The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include Docket No. FAA-2022-0144 and Project Identifier AD-
2022-00042-T at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to Tara
Shawn, Aerospace Engineer, Airframe and Services Section, FAA, Wichita
ACO Branch, 1801 Airport Road, Room 100, Wichita, KS 67209; phone: 316-
946-4141; email: [email protected]. Any commentary that the FAA
receives that is not specifically designated as CBI will be placed in
the public docket for this rulemaking.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because the FAA has determined
that it has good cause to adopt this rule without notice and comment,
RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects at least 8 spoiler
assemblies. The FAA estimates the following costs to comply with this
AD, based on the assumption that all affected spoiler assemblies are
installed on airplanes of U.S. registry:

                                                Estimated Costs *
----------------------------------------------------------------------------------------------------------------
                                                                           Cost per spoiler      Cost on U.S.
             Action                   Labor cost          Parts cost           assembly            operators
----------------------------------------------------------------------------------------------------------------
Spoiler assembly replacement....  70 work-hours x     $44,039...........  $49,989...........  $399,912
                                   $85 per hour =
                                   $5,950.
----------------------------------------------------------------------------------------------------------------
* Each airplane contains two spoiler assemblies.

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.
    The FAA is 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

    This AD will not have federalism implications under Executive Order
13132. This AD will 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 that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 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:

2022-05-01 Learjet, Inc.: Amendment 39-21952; Docket No. FAA-2022-
0144; Project Identifier AD-2022-00042-T.

(a) Effective Date

    This airworthiness directive (AD) is effective March 9, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Learjet, Inc., Model 35, 35A (C-21A), 36,
36A, 55, 55B, 55C, and 60 airplanes, certificated in any category,
with any spoiler assembly that meets any of the criteria identified
in paragraph (c)(1) or (2) of this AD.
    (1) The spoiler assembly's life limit was extended by Restored
Aircraft Sales and Service, LLC.
    (2) The maintenance records related to the life limit for the
spoiler assembly are missing or incomplete.

(d) Subject

    Air Transport Association (ATA) of America Code 5755, Spoilers.

(e) Unsafe Condition

    This AD was prompted by a report indicating that a repair
station performed a life extension program on spoiler assemblies
that had reached or were close to reaching their life limit. The FAA
is issuing this AD to prevent use of a spoiler assembly beyond its
FAA-approved life limit, which could lead to undetected cracking and
consequent failure or separation of the spoiler assembly, resulting
in a reduction or complete loss of control of the airplane.

(f) Compliance

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

(g) Spoiler Assembly Removal

    For each spoiler assembly identified in paragraph (c) of this
AD: Remove the spoiler assembly from service before further flight.

(h) Parts Installation Prohibition

    As of the effective date of this AD, no person may install, on
any airplane, a spoiler assembly identified in paragraph (c) of this
AD.

(i) Special Flight Permit

    Special flight permits, as described in 14 CFR 21.197 and
21.199, may be issued to operate the airplane to a location where
the requirements of this AD can be accomplished, but concurrence by
the Manager, Wichita ACO Branch, FAA, is required before issuance of
the special flight permit.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Wichita ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or responsible Flight Standards Office,
as appropriate. If sending information directly to the manager of
the certification office, send it to the attention of the person
identified in paragraph (k) of this AD.
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.

(k) Related Information

    For more information about this AD, contact Tara Shawn,
Aerospace Engineer, Airframe and Services Section, FAA, Wichita ACO
Branch, 1801 Airport Road, Room 100, Wichita, KS 67209; phone: 316-
946-4141; email: [email protected].

(l) Material Incorporated by Reference

    None.

    Issued on February 16, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-03805 Filed 2-17-22; 11:15 am]
BILLING CODE 4910-13-P