[Federal Register Volume 86, Number 231 (Monday, December 6, 2021)]
[Proposed Rules]
[Pages 68948-68954]
[FR Doc No: 2021-26310]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0874]
RIN 1625-AA00

Safety Zones; Coast Guard Sector Ohio Valley Annual and Recurring
Safety Zones Update

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard is proposing to amend and update its list of
recurring safety zone regulations that take place in the Coast Guard
Sector Ohio Valley area of responsibility (AOR). Through this rule the
current list of recurring safety zones is proposed to be updated with
revisions, additional events, and removal of events that no longer take
place. This proposed rule would reduce administrative costs involved in
producing separate proposed rules for each individual recurring safety
zone and serve to provide notice of the known recurring safety zones
throughout the year. We invite your comments on this proposed
rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before January 5, 2022.

ADDRESSES: You may submit comments identified by docket number USCG-
2021-0874 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 Christopher Matthews, Sector
Ohio Valley, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Ohio Valley
DHS Department of Homeland Security
E.O. Executive Order
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code
AOR Area of Responsibility

II. Background, Purpose, and Legal Basis

    The Captain of the Port Sector Ohio Valley (COTP) proposes to amend
section 165.801 of Title 33 of the Code of Federal Regulations (CFR) to
update our regulations for annual fireworks displays and other events
in the Eighth Coast Guard District requiring safety zones with respect
to those in Sector Ohio Valley's area of responsibility (AOR).
    The current list of annual and recurring safety zones in Sector
Ohio AOR is published under 33 CFR 165.801 in Table no. 1 for annual
and recurring safety zones in the AOR. The most recent list was created
May 18, 2021 through the rulemaking 86 FR 26837.
    The Coast Guard proposes to amend and update the safety zone
regulations under 33 CFR part 165 to include the most up to date list
of recurring safety zones for events held on or around navigable waters
within Sector Ohio Valley's AOR. These events include air shows,
fireworks displays, and other marine events requiring a limited access
area restricting vessel traffic for safety purposes. The current list
in 33 CFR 165.801 needs to be amended to provide new information on
existing safety zones, and to include new safety zones expected to
recur annually or biannually, and to remove safety zones that are no
longer required. Issuing individual regulations for each new safety
zone, amendment, or removal of an existing safety zone would create
unnecessary administrative costs and burdens. This single proposed
rulemaking would considerably reduce administrative overhead and
provide the public with notice through publication in the Federal
Register of the upcoming recurring safety zone regulations.
    The Coast Guard encourages the public to participate in this
proposed rulemaking through the comment process so that any necessary
changes can be identified and implemented in a timely and efficient
manner. The Coast Guard will address all public comments accordingly,
whether through response, additional revision to the regulation, or
otherwise.

III. Discussion of Proposed Rule

    Part 165 of Title 33 of the CFR contains regulations establishing
limited access areas to restrict vessel traffic for the safety of
persons and property. Section 165.801 establishes recurring safety
zones to restrict vessel transit into and through specified areas to
protect spectators, mariners, and other persons and property from
potential hazards

presented during certain events taking place in the AOR. This section
requires amendment from time to time to properly reflect the recurring
safety zone regulations in the AOR. This proposed rule would amend and
update Sec.  165.801 by revising the current Table 1.
    This proposed rule would add the following 2 safety zones to the
existing Table 1 of Sec.  165.801 as follows:

----------------------------------------------------------------------------------------------------------------
                 Date                       Event/sponsor         Ohio Valley location        Regulated area
----------------------------------------------------------------------------------------------------------------
2. 2 days--Third Friday and Saturday   Thunder Over Louisville  Louisville, KY.........  Ohio River, Miles 597.0-
 in April.                                                                                604.0 (Kentucky).
76. 1 day--One weekend in the month    Owensboro Fireworks and  Owensboro, KY..........  Ohio River, Miles 756-
 of August or September.                Bridge Lights show.                               757 (Kentucky).
----------------------------------------------------------------------------------------------------------------

    This proposed rule would remove the following 4 safety zones to the
existing Table 1 of Sec.  165.801 as follows:

----------------------------------------------------------------------------------------------------------------
                 Date                       Event/sponsor         Ohio Valley location        Regulated area
----------------------------------------------------------------------------------------------------------------
6. 3 Days in May.....................  US Rowing Southeast      Oak Ridge, TN..........  Clinch River, Miles
                                        Youth Championship                                48.5-52.
                                        Regatta.
65. 1 Day in July....................  Three Rivers Regatta...  Knoxville, TN..........  Tennessee River, Miles
                                                                                642-653 (Tennessee).
95. 1 Day in October.................  Outdoor Chattanooga/     Chattanooga, TN........  Tennessee River, Miles
                                        Swim the Suck.                                    452.0-454.5.
96. 1 day in October.................  Chattajack.............  Chattanooga, TN........  Tennessee River, Miles
                                                                                462.7-465.5
                                                                                (Tennessee).
----------------------------------------------------------------------------------------------------------------

    This proposed rule would amend the following 1 safety zone to the
existing Table 1 of Sec.  165.801 as follows:

----------------------------------------------------------------------------------------------------------------
                 Date                       Event/sponsor         Ohio Valley location        Regulated area
----------------------------------------------------------------------------------------------------------------
23. One day--The weekend of Labor Day  Newburgh Fireworks       Newburgh, IN...........  Ohio River, Miles 777.3-
                                        Display.                                          778.3 (Indiana).
----------------------------------------------------------------------------------------------------------------

    The effect of this proposed rule would be to restrict general
navigation in the safety zones during the events. Vessels intending to
transit the designated waterway through the safety zones would only be
allowed to transit the area when the COTP, or a designated
representative, has deemed it safe to do so or at the completion of the
event. The proposed annually recurring safety zones are necessary to
provide for the safety of life on navigable waters during the events.

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).
    The Coast Guard expects the economic impact of this proposed rule
to be minimal, therefore a full regulatory evaluation is unnecessary.
This proposed rule would establish safety zones limiting access to
certain areas under 33 CFR part 165 within Sector Ohio Valley's AOR.
The effect of this proposed rulemaking would not be significant because
these safety zones would be limited in scope and duration.
Additionally, the public would be given advance notification through
the Federal Register, and/or Notices of Enforcement and, thus, will be
able to plan operations around the safety zones. Broadcast Notices to
Mariners, Local Notices to Mariners, and Safety Marine Information
Broadcasts would inform the community of these safety zones. Vessel
traffic would be allowed to request permission from the COTP or a
designated representative to enter the restricted areas. Broadcast
Notices to Mariners, Local Notices to Mariners, and Safety Marine
Information Broadcasts would inform the community of these safety
zones. Vessel traffic would be allowed to request permission from the
COTP or a designated representative to enter the restricted areas.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    While some owners or operators of vessels intending to transit the
safety

zone may be small entities, for the reasons stated in section IV.A
above this proposed rule would not have a significant economic impact
on any vessel owner or operator.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call or email the person listed in the
FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

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

F. Environment

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

G. Protest Activities

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

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2021-0874 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
    Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive.
    Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1,
Revision No. 01.2.

0
2. In Sec.  165.801, revise table 1 to read as follows:

Sec.  165.801  Annual Fireworks displays and other events in the Eighth
Coast Guard District recurring safety zones.

* * * * *

                 Table 1 of Sec.   165.801--Sector Ohio Valley Annual and Recurring Safety Zones
----------------------------------------------------------------------------------------------------------------
                                                                   Sector Ohio Valley
                 Date                        Sponsor/name               location               Safety zone
----------------------------------------------------------------------------------------------------------------
1. 3 days--Third or Fourth weekend in  Henderson Breakfast      Henderson, KY..........  Ohio River, Miles 802.5-
 April.                                 Lions Club Tri-Fest.                              805.5 (Kentucky).
2. 2 days--Third Friday and Saturday   Thunder Over Louisville  Louisville, KY.........  Ohio River, Miles 597.0-
 in April.                                                                                604.0 (Kentucky).
3. Multiple days--April through        Pittsburgh Pirates       Pittsburgh, PA.........  Allegheny River, Miles
 November.                              Season Fireworks.                                 0.2-0.9
                                                                                (Pennsylvania).
4. Multiple days--April through        Cincinnati Reds Season   Cincinnati, OH.........  Ohio River, Miles 470.1-
 November.                              Fireworks.                                        470.4; extending 500
                                                                                ft. from the State of
                                                                                Ohio shoreline (Ohio).
5. Multiple days--April through        Pittsburgh Riverhounds   Pittsburgh, PA.........  Monongahela River,
 November.                              Season Fireworks.                                 Miles 0.22-0.77
                                                                                (Pennsylvania).
6. 1 day--First week in May..........  Belterra Park Gaming     Cincinnati, OH.........  Ohio River, Miles 460.0-
                                        Fireworks.                                        462.0 (Ohio).
7. 1 day--One Friday in May prior to   Live on the Levee        Charleston, WV.........  Kanawha River, Miles
 memorial day.                          Memorial Day Fireworks/                           58.1-59.1 (West
                                        City of Charleston.                               Virginia).
8. 1 day--Saturday before Memorial     Venture Outdoors         Pittsburgh, PA.........  Allegheny River, Miles
 Day.                                   Festival.                                         0.0-0.25; Monongahela
                                                                                River, Miles 0.0-0.25
                                                                                (Pennsylvania).
9. 3 days in June....................  CMA Festival...........  Nashville, TN..........  Cumberland River, Miles
                                                                                190.7-191.1 extending
                                                                                100 feet from the left
                                                                                descending bank
                                                                                (Tennessee).
10. 1 day in June....................  Cumberland River         Nashville, TN..........  Cumberland River, Miles
                                        Compact/Nashville                                 189.7-192.1
                                        Splash Bash.                                      (Tennessee).
11. 2 days--A weekend in June........  Rice's Landing           Rice's Landing, PA.....  Monongahela River,
                                        Riverfest.                                        Miles 68.0-68.8
                                                                                (Pennsylvania).
12. 2 days--Second Friday and          City of Newport, KY/     Newport, KY............  Ohio River, Miles 468.6-
 Saturday in June.                      Italianfest.                                      471.0 (Kentucky and
                                                                                Ohio).
13. 1 day in June....................  Friends of the           Chattanooga, TN........  Tennessee River, Miles
                                        Festival, Inc./                                   462.7-465.2
                                        Riverbend Festival                                (Tennessee).
                                        Fireworks.
14. 1 day--Second or Third week of     TriState Pottery         East Liverpool, OH.....  Ohio River, Miles 42.5-
 June.                                  Festival Fireworks.                               45.0 (Ohio).
15. 3 days--One of the last three      Hadi Shrine/Evansville   Evansville, IN.........  Ohio River, Miles 790.0-
 weekends in June.                      Freedom Festival Air                              796.0 (Indiana).
                                        Show.
16. 1 day--One weekend in June.......  West Virginia Symphony   Charleston, WV.........  Kanawha River, Miles
                                        Orchestra/Symphony                                59.5-60.5 (West
                                        Sunday.                                           Virginia).
17. One weekend in June..............  Alzheimer's Water        Wheeling, WV...........  Ohio River Mile 90.3-
                                        Lantern Festival/IC                               91.8.
                                        Care.
18. 1 day--Last weekend in June or     Riverview Park           Louisville, KY.........  Ohio River, Miles 617.5-
 first weekend in July.                 Independence Festival.                            620.5 (Kentucky).
19. 1 day--Last weekend in June or     City of Point Pleasant/  Point Pleasant, WV.....  Ohio River, Miles 265.2-
 First weekend in July.                 Point Pleasant                                    266.2, Kanawha River
                                        Sternwheel Fireworks.                             Miles 0.0-0.5 (West
                                                                                Virginia).
20. 1 day--Last weekend in June or     City of Aurora/Aurora    Aurora, IN.............  Ohio River, Mile 496.7;
 first weekend in July.                 Firecracker Festival.                             1400 ft. radius from
                                                                                the Consolidated Grain
                                                                                Dock located along the
                                                                                State of Indiana
                                                                                shoreline at (Indiana
                                                                                and Kentucky).
21. 1 day--Last week of June or first  PUSH Beaver County/      Beaver, PA.............  Ohio River, Miles 25.2-
 week of July.                          Beaver County Boom.                               25.6 (Pennsylvania).
22. 1 day--Last weekend in June or     Evansville Freedom       Evansville, IN.........  Ohio River, Miles 790.0-
 first week in July.                    Celebration/4th of                                796.0 (Indiana).
                                        July Fireworks.
23. 1 day--Last week in June or First  Rising Sun Fireworks...  Rising Sun, IN.........  Ohio River, Miles 506.0-
 week in July.                                                                            507.0 (Indiana).
24. 1 day--Weekend before the 4th of   Kentucky Dam Marine/     Gilbertsville, KY......  350 foot radius, from
 July.                                  Kentucky Dam Marina                               the fireworks launch
                                        Fireworks.                                        site, on the entrance
                                                                                jetties at Kentucky
                                                                                Dam Marina, on the
                                                                                Tennessee River at
                                                                                Mile Marker 23
                                                                                (Kentucky).
25. 1 day in July....................  Town of Cumberland City/ Cumberland City, TN....  Cumberland River, Miles
                                        Lighting up the                                   103.0-105.5
                                        Cumberlands.                                      (Tennessee).
26. 1 day in July....................  Chattanooga Presents/    Chattanooga, TN........  Tennessee River, Miles
                                        Pops on the River.                                462.7-465.2
                                                                                (Tennessee).
27. 1 day in July....................  Randy Boyd/Independence  Knoxville, TN..........  Tennessee River, Miles
                                        Celebration Fireworks                             625.0-628.0
                                        Display.                                          (Tennessee).
28. 1 day--July 3rd..................  Moors Resort and Marina/ Gilbertsville, KY......  600 foot radius, from
                                        Kentucky Lake Big Bang.                           the fireworks launch
                                                                                site, on the entrance
                                                                                jetty to Moors Resort
                                                                                and Marina, on the
                                                                                Tennessee River at
                                                                                mile marker 30.5.
                                                                                (Kentucky).
29. 1 day--3rd or 4th of July........  City of Paducah, KY....  Paducah, KY............  Ohio River, Miles 934.0-
                                                                                936.0; Tennessee
                                                                                River, Miles 0.0-1.0
                                                                                (Kentucky).

30. 1 day--3rd or 4th of July........  City of Hickman, KY/     Hickman, KY............  700 foot radius from
                                        Town Of Hickman                                   GPS coordinate
                                        Fireworks.                                        36[deg]34.5035 N,
                                                                                089[deg]11.919 W, in
                                                                                Hickman Harbor located
                                                                                at mile marker 921.5
                                                                                on the Lower
                                                                                Mississippi River
                                                                                (Kentucky).
31. 1 day--July 4th..................  City of Knoxville/       Knoxville, TN..........  Tennessee River, Miles
                                        Knoxville Festival on                             646.3-648.7
                                        the 4th.                                          (Tennessee).
32. 1 day in July....................  Nashville NCVC/          Nashville, TN..........  Cumberland River, Miles
                                        Independence                                      189.7-192.3
                                        Celebration.                                      (Tennessee).
33. 1 day in July....................  Shoals Radio Group/      Florence, AL...........  Tennessee River, Miles
                                        Spirit of Freedom                                 254.5-257.4 (Alabama).
                                        Fireworks.
34. 1 day--4th of July (Rain date--    Monongahela Area         Monongahela, PA........  Monongahela River,
 July 5th).                             Chamber of Commerce/                              Miles 032.0-033.0
                                        Monongahela 4th of                                (Pennsylvania).
                                        July Celebration.
35. 1 day--July 4th..................  Cities of Cincinnati,    Newport, KY............  Ohio River, Miles 469.6-
                                        OH and Newport, KY/                               470.2 (Kentucky and
                                        July 4th Fireworks.                               Ohio).
36. 1 day--July 4th..................  Wellsburg 4th of July    Wellsburg, WV..........  Ohio River, Miles 73.5-
                                        Committee/Wellsburg                               74.5 (West Virginia).
                                        4th of July Freedom
                                        Celebration.
37. 1 day--week of July 4th..........  Wheeling Symphony        Wheeling, WV...........  Ohio River, Miles 90-92
                                        fireworks.                                        (West Virginia).
38. 1 day--First week or weekend in    Summer Motions Inc./     Ashland, KY............  Ohio River, Miles 322.1-
 July.                                  Summer Motion.                                    323.1 (Kentucky).
39. 1 day--week of July 4th..........  Chester Fireworks......  Chester, WV............  Ohio River, Miles 42.0-
                                                                                44.0 (West Virginia).
40. 1 day--First week of July........  Toronto 4th of July      Toronto, OH............  Ohio River, Miles 58.2-
                                        Fireworks.                                        58.8 (Ohio).
41. 1 day--First week of July........  Cincinnati Symphony      Cincinnati, OH.........  Ohio River, Miles 460.0-
                                        Orchestra.                                        462.0 (Ohio).
42. 1 day--First weekend or week in    Queen's Landing          Greenup, KY............  Ohio River, Miles 339.3-
 July.                                  Fireworks.                                        340.3 (West Virginia).
43. 1 day--First week or weekend in    Gallia County Chamber    Gallipolis, OH.........  Ohio River, Miles 269.5-
 July.                                  of Commerce/Gallipolis                            270.5 (Ohio).
                                        River Recreation
                                        Festival.
44. 1 day--First week or weekend in    Kindred Communications/  Huntington, WV.........  Ohio River, Miles 307.8-
 July.                                  Dawg Dazzle.                                      308.8 (West Virginia).
45. 1 day--First week or weekend in    Greenup City...........  Greenup, KY............  Ohio River, Miles 335.2-
 July.                                                                                336.2 (Kentucky).
46. 1 day--First week or weekend in    Middleport Community     Middleport, OH.........  Ohio River, Miles 251.5-
 July.                                  Association.                                      252.5 (Ohio).
47. 1 day--First week or weekend in    People for the Point     South Point, OH........  Ohio River, Miles 317-
 July.                                  Party in the Park.                                318 (Ohio).
48. 1 day--One of the first two        City of Bellevue, KY/    Bellevue, KY...........  Ohio River, Miles468.2-
 weekends in July.                      Bellevue Beach Park                               469.2 (Kentucky &
                                        Concert Fireworks.                                Ohio).
49. 1 day--First Week of July........  Pittsburgh 4th of July   Pittsburgh, PA.........  Ohio River, Miles 0.0-
                                        Celebration.                                      0.5, Allegheny River,
                                                                                Miles 0.0-0.5, and
                                                                                Monongahela River,
                                                                                Miles 0.0-0.5
                                                                                (Pennsylvania).
50. 1 day--First week or weekend in    City of Charleston/City  Charleston, WV.........  Kanawha River, Miles
 July.                                  of Charleston                                     58.1-59.1 (West
                                        Independence Day                                  Virginia).
                                        Celebration.
51. 1 day--First week or weekend in    Portsmouth River Days..  Portsmouth, OH.........  Ohio River, Miles 355.5-
 July.                                                                                357.0 (Ohio).
52. 1 day--During the first week of    Louisville Bats          Louisville, KY.........  Ohio River, Miles 602.0-
 July.                                  Baseball Club/                                    605.0 (Kentucky).
                                        Louisville Bats
                                        Firework Show.
53. 1 day--During the first week of    Waterfront Independence  Louisville, KY.........  Ohio River, Miles 602.0-
 July.                                  Festival/Louisville                               605.0 (Kentucky).
                                        Orchestra Waterfront
                                        4th.
54. 1 day--During the first week of    Celebration of the       Owensboro, KY..........  Ohio River, Miles 754.0-
 July.                                  American Spirit                                   760.0 (Kentucky).
                                        Fireworks/All American
                                        4th of July.
55. 1 day--During the first week of    Riverfront Independence  New Albany, IN.........  Ohio River, Miles 606.5-
 July.                                  Festival Fireworks.                               609.6 (Indiana).
56. 1 day in July....................  Grand Harbor Marina/     Counce, TN.............  Tennessee-Tombigbee
                                        Grand Harbor Marina                               Waterway, Miles 448.5-
                                        July 4th Celebration.                             451.0 (Tennessee).
57. 1 night in July..................  Steubenville fireworks.  Steubenville, OH.......  Ohio River, Miles 67.5-
                                                                                68.5.
58. 1 day--During the first two weeks  City of Maysville        Maysville, KY..........  Ohio River, Miles 408-
 of July.                               Fireworks.                                        409 (Kentucky).
59. 1 day--One of the first two        Madison Regatta, Inc./   Madison, IN............  Ohio River, Miles 554.0-
 weekends in July.                      Madison Regatta.                                  561.0 (Indiana).
60. 1 day--Third Saturday in July....  Pittsburgh Irish Rowing  Pittsburgh, PA.........  Ohio River, Miles 7.0-
                                        Club/St. Brendan's Cup                            9.0 (Pennsylvania).
                                        Currach Regatta.
61. 1 day--Third or fourth week in     Upper Ohio Valley        Wheeling, WV...........  Ohio River, Miles 90.0-
 July.                                  Italian Heritage                                  90.5 (West Virginia).
                                        Festival/Upper Ohio
                                        Valley Italian
                                        Heritage Festival
                                        Fireworks.

62. 1 day--Saturday Third or Fourth    Oakmont Yacht Club/      Oakmont, PA............  Allegheny River, Miles
 full week of July (Rain date--         Oakmont Yacht Club                                12.0-12.5
 following Sunday).                     Fireworks.                                        (Pennsylvania).
63. 2 days--One weekend in July......  Marietta Riverfront      Marietta, OH...........  Ohio River, Miles 171.6-
                                        Roar Fireworks.                                   172.6 (Ohio).
64. 1 day--Last weekend in July or     Fort Armstrong Folk      Kittanning, PA.........  Allegheny River, Miles
 first weekend in August.               Music Festival.                                   45.1-45.5
                                                                                (Pennsylvania).
65. 1 day--First week of August......  Kittaning Folk Festival  Kittanning, PA.........  Allegheny River, Miles
                                                                                44.0-46.0
                                                                                (Pennsylvania).
66. 1 day--First week in August......  Gliers Goetta Fest LLC.  Newport, KY............  Ohio River, Miles 469.0-
                                                                                471.0.
67. 1 day--First or second week of     Bellaire All-American    Bellaire, OH...........  Ohio River, Miles 93.5-
 August.                                Days.                                             94.5 (Ohio).
68. 1 day--Second full week of August  PA FOB Fireworks         Pittsburgh, PA.........  Allegheny River, Miles
                                        Display.                                          0.8-1.0
                                                                                (Pennsylvania).
69. 1 day--Second Saturday in August.  Guyasuta Days Festival/  Pittsburgh, PA.........  Allegheny River, Miles
                                        Borough of Sharpsburg.                            005.5-006.0
                                                                                (Pennsylvania).
70. 1 day--In the Month of August....  Pittsburgh Foundation/   Pittsburgh, PA.........  Ohio River, Miles 0.0-
                                        Bob O'Connor Cookie                               0.5 (Pennsylvania).
                                        Cruise.
71. 1 day--Third week of August......  Beaver River Regatta     Beaver, PA.............  Ohio River, Miles 25.2-
                                        Fireworks.                                        25.8 (Pennsylvania).
72. 1 day--One weekend in August.....  Parkersburg Homecoming   Parkersburg, WV........  Ohio River, Miles 183.5-
                                        Festival-Fireworks.                               185.5 (West Virginia).
73. 1 day--One weekend in August.....  Ravenswood River         Ravenswood, WV.........  Ohio River, Miles 220-
                                        Festival.                                         221 (West Virginia).
74. 1 day--The second or third         Green Turtle Bay Resort/ Grand Rivers, KY.......  420 foot radius, from
 weekend of August.                     Grand Rivers Marina                               the fireworks launch
                                        Day.                                              site, at the entrance
                                                                                to Green Turtle Bay
                                                                                Resort, on the
                                                                                Cumberland River at
                                                                                mile marker 31.5.
                                                                                (Kentucky).
75. 1 day--last 2 weekends in August/  Wheeling Dragon Boat     Wheeling, WV...........  Ohio River, Miles 90.4-
 first week of September.               Race.                                             91.5 (West Virginia).
76. 1 day--One weekend in the month    Owensboro Fireworks and  Owensboro, KY..........  Ohio River, Miles 756-
 of August or September.                Bridge Lights show.                               757 (Kentucky).
77. Sunday, Monday, or Thursday from   Pittsburgh Steelers      Pittsburgh, PA.........  Allegheny River, Miles
 August through February.               Fireworks.                                        0.0-0.25, Ohio River,
                                                                                Miles 0.0-0.1,
                                                                                Monongahela River,
                                                                                Miles 0.0-0.1.
                                                                                (Pennsylvania).
78. 1 day--Labor day.................  Portsmouth Labor Day     Portsmouth, OH.........  Ohio River, Miles 355.8-
                                        Fireworks/Hamburg                                 356.8 (Ohio).
                                        Fireworks.
79. 1 day--One weekend before Labor    Riverfest/Riverfest Inc  Nitro, WV..............  Kanawha River, Miles
 Day.                                                                                43.1-44.2 (West
                                                                                Virginia).
80. 1 day--The weekend of Labor Day..  Newburgh Fireworks       Newburgh, IN...........  Ohio River, Miles 777.3-
                                        Display.                                          778.3 (Indiana).
81. 2 days--Sunday before Labor Day    Cincinnati Bell, WEBN,   Cincinnati, OH.........  Ohio River, Miles 469.2-
 and Labor Day.                         and Proctor and Gamble/                           470.5 (Kentucky and
                                        Riverfest.                                        Ohio) and Licking
                                                                                River, Miles 0.0-3.0
                                                                                (Kentucky).
82. 1 day--Labor Day or first week of  Labor Day Fireworks      Marmet, WV.............  Kanawha River, Miles
 September.                             Show.                                             67.5-68 (West
                                                                                Virginia).
83. 1 day in September...............  Nashville Symphony/      Nashville, TN..........  Cumberland River, Miles
                                        Concert Fireworks.                                190.1-192.3
                                                                                (Tennessee).
84. 1 day--Second weekend in           City of Clarksville/     Clarksville, TN........  Cumberland River, Miles
 September.                             Clarksville Riverfest.                            124.5-127.0
                                                                                (Tennessee).
85. 3 days--Second or third week in    Wheeling Heritage Port   Wheeling, WV...........  Ohio River, Miles 90.2-
 September.                             Sternwheel Festival                               90.7 (West Virginia).
                                        Foundation/Wheeling
                                        Heritage Port
                                        Sternwheel Festival.
86. 1 day--One weekend in September..  Boomtown Days--          Nitro, WV..............  Kanawha River, Miles
                                        Fireworks.                                        43.1-44.2 (West
                                                                                Virginia).
87. 1 day--One weekend in September..  Ohio River Sternwheel    Marietta, OH...........  Ohio River, Miles 171.5-
                                        Festival Committee                                172.5 (Ohio).
                                        fireworks.
88. 1 day--One weekend in September..  Tribute to the River...  Point Pleasant, WV.....  Ohio River, Miles 264.6-
                                                                                265.6 (West Virginia).
89. 1 day--One weekend in September..  Aurora Fireworks.......  Aurora, IN.............  Ohio River, Miles 496.3-
                                                                                497.3 (Ohio).
90. 1 day--Last two weekends in        Cabana on the River....  Cincinnati, OH.........  Ohio River, Miles 483.2-
 September.                                                                               484.2 (Ohio).
91. Multiple days--September through   University of            Pittsburgh, PA.........  Ohio River, Miles 0.0-
 January.                               Pittsburgh Athletic                               0.1, Monongahela
                                        Department/University                             River, Miles 0.0-0.1,
                                        of Pittsburgh                                     Allegheny River, Miles
                                        Fireworks.                                        0.0-0.25
                                                                                (Pennsylvania).
92. 1 day--First three weeks of        Leukemia & Lymphoma      Pittsburgh, PA.........  Ohio River, Miles 0.0-
 October.                               Society/Light the                                 0.5, Allegheny River,
                                        Night.                                            Miles 0.0-0.5, and
                                                                                Monongahela River,
                                                                                Miles 0.0-0.5
                                                                                (Pennsylvania).

93. 1 day in October.................  Leukemia and Lymphoma    Nashville, TN..........  Cumberland River, Miles
                                        Society/Light the                                 189.7-192.1
                                        Night Walk Fireworks.                             (Tennessee).
94. 1 day--First two weeks in October  Yeatman's Fireworks....  Cincinnati, OH.........  Ohio River, Miles 469.0-
                                                                                470.5 (Ohio).
95. 1 day--One weekend in October....  West Virginia Motor Car  Charleston, WV.........  Kanawha River, Miles 58-
                                        Festival.                                         59 (West Virginia).
96. 2 days--One of the last three      Monster Pumpkin          Pittsburgh, PA.........  Allegheny River, Miles
 weekends in October.                   Festival.                                         0.0-0.25
                                                                                (Pennsylvania).
97. 1 day--Friday before Thanksgiving  Pittsburgh Downtown      Pittsburgh, PA.........  Allegheny River, Miles
                                        Partnership/Light Up                              0.0-1.0
                                        Night.                                            (Pennsylvania).
98. 1 day--Friday before Thanksgiving  Kittanning Light Up      Kittanning, PA.........  Allegheny River, Miles
                                        Night Firework Display.                           44.5-45.5
                                                                                (Pennsylvania).
99. 1 day--Friday before Thanksgiving  Santa Spectacular/Light  Pittsburgh, PA.........  Ohio River, Miles 0.0-
                                        up Night.                                         0.5, Allegheny River,
                                                                                Miles 0.0-0.5, and
                                                                                Monongahela River,
                                                                                Mile 0.0-0.5
                                                                                (Pennsylvania).
100. 1 day--Friday before              Monongahela Holiday      Monongahela, PA........  Ohio River, Miles 31.5-
 Thanksgiving.                          Show.                                             32.5 (Pennsylvania).
101. 1 day in November...............  Friends of the Festival/ Chattanooga, TN........  Tennessee River, Miles
                                        Cheer at the Pier.                                462.7-465.2
                                                                                (Tennessee).
102. 1 day--Third week of November...  Gallipolis in Lights...  Gallipolis, OH.........  Ohio River, Miles 269.2-
                                                                                270 (Ohio).
103. 1 day--December 31..............  Pittsburgh Cultural      Pittsburgh, PA.........  Allegheny River, Miles
                                        Trust/Highmark First                              0.5-1.0
                                        Night Pittsburgh.                                 (Pennsylvania).
104. 7 days--Scheduled home games....  University of Tennessee/ Knoxville, TN..........  Tennessee River, Miles
                                        UT Football Fireworks.                            645.6-648.3
                                                                                (Tennessee).
----------------------------------------------------------------------------------------------------------------

* * * * *

    Dated: November 22, 2021.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2021-26310 Filed 12-3-21; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 88, Number 224 (Wednesday, November 22, 2023)]
[Notices]
[Pages 81422-81423]
[FR Doc No: 2023-25854]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2023-N-4965]

Advancing the Use of Complex Innovative Designs in Clinical
Trials: From Pilot to Practice; Public Workshop; Request for Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of public workshop; request for comments.

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

SUMMARY: The Food and Drug Administration (FDA or the Agency) is
announcing the following public workshop entitled ``Advancing the Use
of Complex Innovative Designs in Clinical Trials: From Pilot to
Practice.'' The purpose of the public workshop is to discuss aspects of
complex adaptive, Bayesian, and other novel clinical trial designs.
This workshop is being conducted to meet the performance goal of
convening a public workshop on complex innovative design (CID) included
in the seventh authorization of the Prescription Drug User Fee Act
(PDUFA VII). The workshop may also inform a draft guidance on the use
of Bayesian methodology in clinical trials of drugs and biological
products. In conjunction with the workshop, FDA is seeking comments on
the use of CID to inform regulatory decision making, including high-
level case examples of CIDs and approaches that can advance the use of
these designs. The public workshop will be held on March 5, 2024, from
9 a.m. to 3:30 p.m. Eastern Time.

DATES: Either electronic or written comments on this public workshop
must be submitted by April 5, 2024. See the SUPPLEMENTARY INFORMATION
section for registration date and information.

ADDRESSES: The public workshop will be held at the FDA White Oak
Campus, 10903 New Hampshire Ave., Bldg. 31 Conference Center, the Great
Room, Silver Spring, MD 20993-0002. Entrance for the public workshop
participants (non-FDA employees) is through Building 1 where routine
security check procedures will be performed. For parking and security
information, please refer to https://www.fda.gov/about-fda/visitor-information. The public workshop will use an online platform for the
webcast.
    You may submit comments as follows. Please note that late, untimely
filed comments will not be considered. The https://www.regulations.gov
electronic filing system will accept comments until 11:59 p.m. Eastern
Time at the end of April 5, 2024. Comments received by mail/hand
delivery/courier (for written/paper submissions) will be considered
timely if they are received on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2023-N-4965 for ``Advancing the Use of Complex Innovative Designs
in Clinical Trials: From Pilot to Practice; Public Workshop; Request
for Comments.'' Received comments, those filed in a timely manner (see
ADDRESSES), will be placed in the docket and, except for those
submitted as ``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday,<PHONE_NUMBER>.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov. Submit both copies to the Dockets Management
Staff. If you do not wish your name and contact information to be made
publicly available, you can provide this information on the cover sheet
and not in the body of your comments and you must identify this
information as ``confidential.'' Any information marked as
``confidential'' will not be disclosed except in accordance with 21 CFR
10.20 and other applicable disclosure law. For more information about
FDA's posting of comments to public dockets, see 80 FR 56469, September
18, 2015, or access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Tuan Pham, Food and Drug
Administration, Center for Drug Evaluation and Research, 10903 New
Hampshire Ave., Bldg. 21, Rm. 3670, Silver Spring, MD 20993-0002, 301-
348-1595, [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    This public workshop is intended to meet a performance goal FDA
agreed to under the FDA User Fee Reauthorization Act of 2022, in
accordance with the PDUFA Reauthorization Performance Goals and
Procedures Fiscal Years 2023 Through 2027 letter (PDUFA VII letter),
which is available at https://www.fda.gov/media/151712/download.
Specifically, section I.4.e of the PDUFA VII letter outlines goals to
enhance FDA's capacity to review complex innovative designs and convene
a public workshop to discuss aspects of complex adaptive, Bayesian, and
other novel clinical trial designs.

II. Topics for Discussion at the Public Workshop

    The purpose of this public workshop is to facilitate discussion on
the use of external data sources, Bayesian statistical methods, and
simulations in complex innovative trial designs as well as trial
implementation (e.g., examples of defining and mitigating bias when
using select trial design methods). Discussion topics will include
considerations for external data sources, Bayesian statistical methods,
simulations, and clinical trial implementation and will be based on FDA
accumulated experience both within and outside of the Complex
Innovative Trial Design Meeting Program (https://www.fda.gov/drugs/development-resources/complex-innovative-trial-design-meeting-program).
    The workshop will consist of two sessions. The first session will
focus on case studies that will illustrate various aspects of complex
innovative designs and implementation. The second session will consist
of panel discussions motivated by the case studies. There will be an
opportunity for public comment.
    Workshop updates, agenda, and background materials (if any) will be
made available at https://www.fda.gov/news-events/advancing-use-complex-innovative-designs-clinical-trials-pilot-practice-03052024
prior to the workshop.

III. Participating in the Public Workshop

    Registration: To register for the public workshop, please visit
https://ComplexInnovativeDesignsWorkshop.eventbrite.com by February
27, 2024, 11:59 p.m. Eastern Time. Registration will be available
starting January 16, 2024. Please provide complete contact information
for each attendee, including name, affiliation, and email. If you are
unable to attend the workshop in person, you can register to view a
live webcast of the workshop. You will be asked to indicate in your
registration if you plan to attend in person or via the webcast.
    Registration is free and based on space availability, with priority
given to early registrants. Persons interested in attending this public
workshop must register by February 27, 2024, 11:59 p.m. Eastern Time.
Early registration is recommended because onsite seating is limited;
therefore, FDA may limit the number of in-person participants from each
organization. Registrants will receive a confirmation email after they
register.
    If you need special accommodations due to a disability, please
contact Tuan Pham (see FOR FURTHER INFORMATION CONTACT) at least 14
days before the workshop.
    Streaming Webcast of the Public Workshop: This public workshop will
also be available on webcast. To register for the webcast of this
public workshop, visit https://ComplexInnovativeDesignsWorkshop.eventbrite.com by February 27, 2024, 11:59 p.m. Eastern Time. Please
provide complete contact information for each attendee, including name,
affiliation, and email. A link to the webcast will be provided
following registration. Although FDA verified the website addresses in
this document, please note that websites are subject to change over
time.
    Transcripts: Please be advised that as soon as a transcript of the
public workshop is available, it will be accessible at https://www.regulations.gov. It may be viewed at the Dockets Management Staff
(HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061,
Rockville, MD 20852. A link to the transcript will also be available on
the internet at https://www.fda.gov/news-events/advancing-use-complex-innovative-designs-clinical-trials-pilot-practice-03052024.

    Dated: November 17, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2023-25854 Filed 11-21-23; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register: June 20, 2007 (Volume 72, Number 118)]
[Notices]
[Page 33993-33994]
[DOCID:fr20jn07-67]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP07-394-000]

Colorado Interstate Gas Company; Notice of Application

June 13, 2007.
    Take notice that on June 4, 2007 Colorado Interstate Gas Company
(Colorado), Post Office Box 1087, Colorado Springs, Colorado, 80944,
filed in Docket No. CP07-394-000, an application pursuant to section
7(b) of the Natural Gas Act (NGA), to abandon, in place, two compressor
units at CIG's Lakin Compressor Station in Kearny County, Kansas, all
as more fully set forth in the application on file with the Commission
and open to public inspection. This filing may also be viewed on the
Commission's Web site 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, call (202)
502-8659 or TTY,<PHONE_NUMBER>.
    Any questions regarding this application should be directed to
Richard Derryberry, Director, Regulatory Affairs Department, Colorado
Interstate Gas Company, Post Office Box 1087 Colorado Springs, Colorado
80904, telephone<PHONE_NUMBER>
    Pursuant to Sec.  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 14 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 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>.
    Comment Date: 5 p.m. Eastern Time on July 5, 2007.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-11874 Filed 6-19-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: October 11, 2007 (Volume 72, Number 196)]
[Notices]
[Page 57932-57933]
[DOCID:fr11oc07-54]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-RCRA-2007-0231; FRL-8480-7]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; 2007 Hazardous Waste Report, EPA
ICR Number 0976.13, OMB Control Number 2050-0024

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that an Information
Collection Request (ICR) has been forwarded to the Office of Management
and Budget (OMB) for review and approval. This is a request to renew an
existing approved collection. 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 November 13,
2007.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-RCRA-
2007-0231, to (1) EPA, either online using http://www.regulations.gov (our

preferred method), or by e-mail to rcra-

<EMAIL_ADDRESS>or by mail to: RCRA Docket (2822T), U.S. Environmental

Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460;
and (2) OMB, by mail to: Office of Information and Regulatory Affairs,
Office of Management and Budget (OMB), Attention: Desk Officer for EPA,
725 17th Street, NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Peggy Vyas, Environmental Protection
Agency, Mail Code: 5302P, 1200 Pennsylvania Ave., NW., Washington, DC
20460; telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
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 April 17, 2007 (72 FR 19194), EPA sought comments on this
ICR pursuant to 5 CFR 1320.8(d). EPA received one comment during the
comment period, which is addressed in the ICR. Any additional comments
on this ICR should be submitted to EPA and OMB within 30 days of this
notice.
    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-RCRA-2007-0231, which is available for online viewing at
http://www.regulations.gov, or in person viewing at the Resource Conservation

and Recovery Act (RCRA) Docket in the EPA Docket Center (EPA/DC), EPA
West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The EPA/
DC Public Reading Room is open from 8 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Reading
Room is<PHONE_NUMBER>, and the telephone number for the RCRA Docket is
(202) 566-0270.
    Use EPA's electronic docket and comment system at
http://www.regulations.gov, to submit or view public comments, access the

index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at http://www.regulations.gov as EPA receives

them and without change, unless the comment contains copyrighted
material, confidential business information (CBI), or other information
whose public disclosure is restricted by statute. For further
information about the electronic docket, go to http://www.regulations.gov.

    Title: 2007 Hazardous Waste Report.
    ICR Numbers: EPA ICR No. 0976.13, OMB Control No. 2050-0024.
    ICR Status: This ICR is scheduled to expire on October 31, 2007.
Under OMB regulations, the Agency may continue to conduct or sponsor
the collection of information while this submission is pending at OMB.
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
in title 40 of the CFR, after appearing in the Federal Register when
approved, are listed in 40 CFR part 9, are displayed either by
publication in the Federal Register or by other appropriate means, such
as on the related collection instrument or form, if applicable. The
display of OMB control numbers in certain EPA regulations is
consolidated in 40 CFR part 9.
    Abstract: This ICR renews an ongoing information collection from
hazardous waste generators and hazardous waste treatment, storage, or
disposal facilities. This collection is done on a two-year cycle as
required by Sections 3002 and 3004 of RCRA. The information is
collected via a mechanism known as the Hazardous Waste Report for the
required reporting year [EPA Form 8700-13 A/B] (also known as the
Biennial Report). Both RCRA Sections 3002 and 3004 require EPA to
establish standards for recordkeeping and reporting of hazardous waste
generation and management. Section 3002 applies to hazardous waste
generators and Section 3004 applies to hazardous waste treatment,
storage, and disposal facilities. The implementing regulations are
found at 40 CFR 262.40(b) and (d); 262.41(a)(1)-(5), (a)(8), and (b);
264.75(a)-(e) and (j); 265.75(a)-(e) and (j); and 270.30(l)(9). This is
mandatory reporting by the respondents.
    Burden Statement: The reporting burden is estimated to average 16.4
hours per respondent, and includes time for reviewing instructions,
gathering data, completing and reviewing the forms, and submitting the
report. The record keeping requirement is estimated to average 2.3
hours per response and includes the time for filing and storing the
Biennial Report submission for three years.
    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
which have subsequently changed; 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: Private Entities and State, Local,
or Tribal Governments.
    Estimated Number of Respondents: 12,671, including 12,619 survey
respondents and 52 state and territorial agencies.
    Frequency of Response: Biennially.
    Estimated Total Annual Hour Burden: 685,196.
    Estimated Total Annual Cost: $20,137,491, including $66,642
annualized capital or O&M costs.
    Changes in the Estimates: There is an increase of 519,944 hours in
the total estimated burden currently identified in the OMB Inventory of
Approved ICR Burdens. This increase in burden has occurred for two
reasons. First, there is an increase in the number of respondents, from
9,106 in 2005 to 12,619 projected for 2007. Second, and most
importantly, EPA is counting the State Agency burden in the overall
burden for this ICR for the first time with this renewal. Historically,
EPA calculated State Agency burden with the Federal Agency burden, so
the State Agency burden was not reflected in the bottom line burden for
the ICR.

    Dated: October 2, 2007.
Sara Hisel-McCoy,
Acting Director, Collection Strategies Division.
 [FR Doc. E7-20055 Filed 10-10-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 160 (Friday, August 17, 2018)]
[Rules and Regulations]
[Pages 40959-40961]
[FR Doc No: 2018-17624]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0303; Product Identifier 2018-NM-006-AD; Amendment
39-19360; AD 2018-17-06]
RIN 2120-AA64

Airworthiness Directives; Fokker Services B.V. Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Fokker Services B.V. Model F28 Mark 0070 and 0100 airplanes. This AD
was prompted by a report that the retraction actuator eye-end of a
Goodrich main landing gear (MLG) failed. This AD requires a one-time
general visual inspection of the left-hand (LH) and right-hand (RH) MLG
retraction actuators and replacement if necessary. We are issuing this
AD to address the unsafe condition on these products.

DATES: This AD is effective September 21, 2018.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of September
21, 2018.

ADDRESSES: For service information identified in this final rule,
contact Fokker Services B.V., Technical Services Dept., P.O. Box 1357,
2130 EL Hoofddorp, the Netherlands; telephone +31 (0)88-6280-350; fax
+31 (0)88-6280-111; email [email protected]; internet http://www.myfokkerfleet.com. You may view this service information at the
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA.
For information on the availability of this material at the FAA, call
206-231-3195. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0303.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0303; 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, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations (phone: 800-647-
5527) is in the ADDRESSES section. Comments will be available in the AD
docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT:  Tom Rodriguez, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain Fokker Services
B.V. Model F28 Mark 0070 and 0100 airplanes. The NPRM published in the
Federal Register on April 27, 2018 (83 FR 18488). The NPRM was prompted
by a report that the retraction actuator eye-end of a Goodrich MLG
failed. The NPRM proposed to require a one-time general visual
inspection of the LH and RH MLG retraction actuators and replacement if
necessary.
    We are issuing this AD to address failure of the retraction
actuator eye-end of a Goodrich MLG, which could prevent retraction of
the MLG and/or its complete extension, possibly resulting in damage to
the airplane during landing, and consequent injury to occupants.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2018-0001, dated January 4, 2018 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for certain Fokker Services B.V. Model F28
Mark 0070 and 0100 airplanes. The MCAI states:

    An occurrence was reported where, following take-off after gear
up selection, the retraction actuator eye-end (P/N [part number]
41518-3) of a Goodrich MLG failed. After the LG UNSAFE indication,
the flight crew successfully selected gear down and locked by
applying the alternate extension

procedure, and an uneventful landing was made. Investigation results
showed that the final overload fracture of the eye-end was preceded
by fatigue cracks, believed to have been caused by interference
between the MLG retraction actuator eye-end and the actuator
bracket. It was also highlighted that the affected eye-end had been
installed incorrectly, i.e. with the grease nipple located on the
lower side, thus causing damage to the eye-end due to interference
with the bracket. Further investigations revealed other occurrences
of interference between retraction actuator eye-end and bracket with
resulting damage.
    This condition, if not detected and corrected, could prevent
retraction of the MLG and/or its complete extension, possibly
resulting in damage to the aeroplane during landing, and consequent
injury to occupants.
    To address this potential unsafe condition, Fokker Services
published SBF100-32-168 to provide inspection and replacement
instructions.
    For the reasons described above, this AD requires a one-time
[general visual] inspection [for deficiencies] (check the eye-end
for presence of interference/damage and for orientation of the
greasing nipple) of the MLG retraction actuators, left-hand (LH) and
right-hand (RH) sides, and, depending on findings, replacement.

    You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0303.

Comments

    We gave the public the opportunity to participate in developing
this final rule. We received no comments on the NPRM or on the
determination of the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and
the public interest require adopting this final rule as proposed,
except for minor editorial changes. We have determined that these minor
changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    Fokker Services B.V. has issued Fokker Service Bulletin SBF100-32-
168, dated May 22, 2017. This service information describes procedures
for a one-time general visual inspection for deficiencies of the
Goodrich MLG retraction actuators and replacement of the actuator if
necessary (e.g., if the retraction actuator greasing nipple is not
located on the upper side MLG retraction actuator eye-end or if
interference damage or evidence of removed damage is present on the
eye-end of the MLG retraction actuator). This service information is
reasonably available because the interested parties have access to it
through their normal course of business or by the means identified in
the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 5 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
        Action                  Labor cost            Parts cost       Cost per product          operators
----------------------------------------------------------------------------------------------------------------
Inspection............  1 work-hour x $85 per hour              $0  $85 per inspection     $425 per inspection
                         = $85 per inspection                        cycle.                 cycle.
                         cycle.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacements
that would be required based on the results of the inspection. We have
no way of determining the number of aircraft that might need these
replacements:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                   Action                                 Labor cost                Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replacement................................  1 work-hour x $85 per hour = $85...              $0             $85
----------------------------------------------------------------------------------------------------------------

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.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes and
associated appliances to the Director of the System Oversight Division.

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,
    (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, 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.

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 (AD):

2018-17-06 Fokker Services B.V.: Amendment 39-19360; Docket No. FAA-
2018-0303; Product Identifier 2018-NM-006-AD.

(a) Effective Date

    This AD is effective September 21, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Fokker Services B.V. Model F28 Mark 0070 and
0100 airplanes, certificated in any category, all serial numbers, if
equipped with Goodrich main landing gear (MLG), part number (P/N)
41050-x (all dashes) or P/N 41060-x (all dashes).

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing
gear.

(e) Reason

    This AD was prompted by a report that the retraction actuator
eye-end of a Goodrich MLG failed. We are issuing this AD to address
failure of the retraction actuator eye-end of a Goodrich MLG, which
could prevent retraction of the MLG and/or its complete extension,
possibly resulting in damage to the airplane during landing, and
consequent injury to occupants.

(f) Compliance

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

(g) Definition

    For the purposes of this AD, a ``serviceable part'' is a
serviceable retraction actuator with an eye-end that does not have
any indication of interference or damage, as specified in the
Accomplishment Instructions of Fokker Service Bulletin SBF100-32-
168, dated May 22, 2017.

(h) Inspection and Corrective Action

    Within 12 months after the effective date of this AD, perform a
general visual inspection of the left-hand (LH) and right-hand (RH)
MLG retraction actuators for deficiencies (i.e., check for the
presence of interference damage, including evidence of removed
damage, and for the orientation of the greasing nipple), in
accordance with the Accomplishment Instructions of Fokker Service
Bulletin SBF100-32-168, dated May 22, 2017. If any deficiency is
found, before further flight, replace the affected MLG retraction
actuator with a serviceable part, in accordance with the
Accomplishment Instructions of Fokker Service Bulletin SBF100-32-
168, dated May 22, 2017.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards 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 local Flight
Standards District Office, as appropriate. If sending information
directly to the International Section, send it to the attention of
the person identified in paragraph (j)(2) of this AD. Information
may be emailed to: [email protected]. Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or the European Aviation
Safety Agency (EASA); or Fokker Services B.V.'s EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2018-0001, dated January 4, 2018, for related
information. This MCAI may be found in the AD docket on the internet
at http://www.regulations.gov by searching for and locating Docket
No. FAA-2018-0303.
    (2) For more information about this AD, contact Tom Rodriguez,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax<PHONE_NUMBER>.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Fokker Service Bulletin SBF100-32-168, dated May 22, 2017.
    (ii) Reserved.
    (3) For service information identified in this AD, contact
Fokker Services B.V., Technical Services Dept., P.O. Box 1357, 2130
EL Hoofddorp, the Netherlands; telephone +31 (0)88-6280-350; fax +31
(0)88-6280-111; email [email protected]; internet http://www.myfokkerfleet.com.
    (4) You may view this service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on August 7, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-17624 Filed 8-16-18; 8:45 am]
 BILLING CODE 4910-13-P