[Federal Register: June 2, 2009 (Volume 74, Number 104)]
[Notices]
[Page 26453-26454]
[DOCID:fr02jn09-117]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59974; File No. SR-NSX-2009-03]

Self-Regulatory Organizations; National Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend the Fee and Rebate Schedule Issued Pursuant to Exchange Rule
16.1(c) in Order to Include Securities Priced at Less Than One Dollar
in the Calculation of Volume Thresholds Used To Determine Rebates
Payable for Displayed Order Liquidity Adding Tape A and C Securities
Executed at One Dollar or Above

May 26, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on May 15, 2009, National Stock Exchange, Inc. (``NSX'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change, as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comment on the proposed
rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is proposing to amend the Fee and Rebate Schedule (the
``Fee Schedule'') issued pursuant to Exchange Rule 16.1(c) in order to
include securities priced at less than one dollar in the calculation of
volume thresholds used to determine rebates payable for displayed order
liquidity adding Tape A and C securities executed at one dollar or
above.
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.nsx.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

Purpose
    With this rule change, the Exchange is proposing to modify the Fee
Schedule's calculation of ``Liquidity Adding Average Daily Volume''
(``Liquidity Adding ADV'') used to determine rebates payable for
displayed orders of Tape A and C securities in the Automatic Execution
Mode of order interaction (``AutoEx'') \3\ (the ``AutoEx Displayed
Order Liquidity Adding Tape A/C Rebate'') so as to include securities
priced under one dollar for purposes of determining whether a volume
tier has been achieved.
---------------------------------------------------------------------------

    \3\ The Exchange's two modes of order interaction are described
in NSX Rule 11.13(b).
---------------------------------------------------------------------------

    The AutoEx Displayed Order Liquidity Adding Tape A/C Rebate is
currently $0.0026, $0.0027 or $0.0028 per share where an ETP Holder
achieves Liquidity Adding ADV \4\ of less than 25 million, less than 40
million and 40 million or more, respectively. Currently, securities
priced under one dollar are excluded from the calculation of
``Liquidity Adding ADV''. The Proposed Rule Change would modify the
definition of ``Liquidity Adding ADV'' with respect only to the tiers
used in calculation of the AutoEx Displayed Order Liquidity Adding Tape
A/C Rebate so as to include securities under one dollar in the
calculation of whether the above referenced tiers are achieved. The
Proposed Rule Change would not modify other calculations of average
daily volume in the Fee Schedule.
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    \4\ As set forth in the Explanatory Endnotes to the Fee
Schedule, prior to implementation of the instant rule change,
``Liquidity Adding ADV'' means, with respect to an ETP Holder, ``the
number of shares such ETP Holder has executed as a liquidity
provider on average per trading day (excluding partial trading days
and securities under one dollar) across all tapes on NSX for the
calendar month (or partial month, as applicable) in which the
executions occurred''. The proposed rule change would modify the
foregoing definition by adding the following statement:
``Notwithstanding the foregoing, for purposes of determining whether
the volume tier thresholds are achieved in AutoEx with respect to
rebates applicable to displayed orders that add liquidity for Tape A
and C securities, securities priced under one dollar will be
included''.
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Rationale
    The Exchange has determined that these changes are necessary to
increase the volume of Displayed Orders of sub-dollar Tape A and C
securities in

AutoEx for the purpose of increasing the revenue of the Exchange and
adequately funding its regulatory and general business functions. The
proposed modifications are reasonable and equitably allocated to those
ETP Holders that opt to provide Tape A and C Displayed Orders in
AutoEx, and are not discriminatory because ETP Holders are free to
elect whether or not to send such orders. Based upon the information
above, the Exchange believes that the proposed rule change is
consistent with the protection of investors and the public interest.
Operative Date and Notice
    The Exchange intends to utilize the proposed calculation effective
upon filing of this proposed rule as it performs the calculations to
determine the May, 2009 AutoEx Displayed Order Liquidity Adding Tape A/
C Rebates.\5\ Pursuant to Exchange Rule 16.1(c), the Exchange will
``provide ETP Holders with notice of all relevant dues, fees,
assessments and charges of the Exchange'' through the issuance of a
Regulatory Circular of the changes to the Fee Schedule and will post a
copy of the rule filing on the Exchange's Web site (http://
www.nsx.com).
---------------------------------------------------------------------------

    \5\ The Exchange has determined that its application of the
proposed modification of the calculation of average daily volume as
it applies to the entire current calendar month could only benefit
ETP Holders by serving to increase the amount of their AutoEx
Displayed Order Liquidity Adding Tape A/C Rebate for such month. In
addition, the Exchange has determined that such application will not
adversely impact the general operating revenues of the Exchange.
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Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6(b) of the Act,\6\ in general, and
Section 6(b)(4) of the Act,\7\ in particular, in that it is designed to
provide for the equitable allocation of reasonable dues, fees and other
charges among its members and other persons using the facilities of the
Exchange. Moreover, the proposed fee and rebate structure is not
discriminatory in that all ETP Holders are eligible to submit (or not
submit) liquidity adding trades and quotes, and may do so at their
discretion in the daily volumes they choose during the course of the
measurement period.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any inappropriate burden on competition.

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

    The Exchange has neither solicited nor received written comments on
the proposed rule change.

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

    The proposed rule change has taken effect upon filing pursuant to
Section 19(b)(3)(A)(ii) of the Act \8\ and subparagraph (f)(2) of Rule
19b-4 \9\ thereunder, because, as provided in (f)(2), it changes ``a
due, fee or other charge applicable only to a member'' (known on the
Exchange as an ETP Holder). At any time within sixty (60) days of the
filing of such proposed rule change, the Commission may summarily
abrogate such rule change if it appears to the Commission that such
action is necessary or appropriate in the public interest, for the
protection of investors, or otherwise in furtherance of the purposes of
the Act.
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    \8\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \9\ 17 CFR 240.19b-4 [sic].
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NSX-2009-03 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-NSX-2009-03. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing will also be available for
inspection and copying at the principal office of the self-regulatory
organization. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-NSX-
2009-03 and should be submitted on or before June 23, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-12713 Filed 6-1-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: November 25, 2008 (Volume 73, Number 228)]
[Notices]
[Page 71665]
[DOCID:fr25no08-79]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-1800-DR]

Illinois; Amendment No. 5 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Illinois (FEMA-1800-DR), dated October 3, 2008, and
related determinations.

DATES: Effective Date: November 18, 2008.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Illinois is hereby amended to include the following
areas among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of October 3, 2008.

    Will and Woodford Counties for Public Assistance (already
designated for Individual Assistance).
    Bureau, Cass, Greene, Kendall, Macoupin, Montgomery and Scott
Counties for Public Assistance.

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

R. David Paulison,
Administrator, Federal Emergency Management Agency.
[FR Doc. E8-27913 Filed 11-24-08; 8:45 am]

BILLING CODE 9111-23-P


this purpose are generally made available under the same provisions as
loans under 23 U.S.C. 603(a)(1)(A).
    (b) Except for the purpose described in section (a) above, proceeds
of a secured loan provided under section 603 of Title 23, United States
Code may not be used to refinance long-term project obligations or
Federal credit instruments.
    (c) Proceeds of a loan provided by a guaranteed lender receiving a
TIFIA loan guarantee may be used to refinance long-term project
obligations or Federal credit instruments if the project applicant
demonstrates to the DOT's satisfaction that such refinancing will
provide at least $50 million of additional funding capacity and that
such capacity will be used to fund the completion, enhancement, or
expansion of a project that:
    (1) Is selected under section 602 of Title 23, United States Code,
or
    (2) Otherwise meets the requirements of section 602 of Title 23,
United States Code.
    (d) The fee for a refinancing application is the same as the fee
for a new TIFIA project application.
    (e) The following special provisions, terms, and limitations are
applicable to the Federal loan guarantee for a refinancing made
available under 23 U.S.C. 603(a)(1)(C):
    (1) The borrower will have the flexibility to apply the guaranteed
loan proceeds to the refinancing, the new project, or apportion an
amount to each element of the transaction. It is not required that the
guaranteed loan proceeds be used to build the new project. However,
Federal requirements (see Sec.  80.5) will apply to the new project.
    (2) The loan guarantee made available in connection with a
refinancing under this paragraph will be in an amount not larger than
the greater of:
    (i) The amount applied to funding the completion, enhancement, or
expansion of the project; and
    (ii) The amount of equity invested in the project, provided that in
no event will the amount of the secured loan exceed 33 percent of the
amount of the financing.
    (3) Returns and payouts on equity investments in a financing
transaction under this paragraph must be subordinated to the Federal
credit instrument for so long as the TIFIA debt is outstanding,
consistent with OMB Circular A-129 requirements that business borrowers
have equity at risk. (Appendix A, section II, 3a. (2)).
    (4) If the guaranteed loan proceeds are disbursed to fund both the
refinancing of the long-term obligations and the completion,
enhancement, or expansion of the project, the following provisions
apply to the repayment:
    (i) The guaranteed loan will be structured in two tranches. The
first tranche will be that portion funding the refinancing of the long-
term obligations and the second tranche will be that portion funding
the project.
    (ii) Repayments of principal or interest on the first tranche shall
be scheduled to commence six months following the first disbursement of
funds and to conclude, with full repayment of principal and interest,
by the date that is the lesser of not later than 35 years after the
date the credit agreement is executed, or the remaining useful life of
the asset.
    (iii) Repayments of principal or interest on the second tranche
shall be scheduled based on project cash flow and shall commence not
later than five years after substantial completion of the capital
improvement. The final maturity of the tranche shall be the lesser of
no later than 35 years after substantial completion of the project, or
the remaining useful life of the asset.
    (5) For improvements financed with guaranteed loan proceeds under
this section, terms and conditions will be incorporated into the
guaranteed loan agreement to ensure that the completion, enhancement,
or expansion of the refinanced facility will commence and be completed
within a reasonable period after the closing of the transaction. The
DOT will require a binding commitment assuring the project will be
completed and shall require a penalty interest rate on the guaranteed
loan in the event of a development default.
    (6) An applicant seeking a TIFIA loan guarantee under this section
must submit an application that addresses the proposed refinancing and
the improvement(s) facilitated by the refinancing using the TIFIA
application form contained in the DOT's TIFIA Program Guide, describing
in detail the plan of finance associated with the refinancing, and
demonstrate conformance with TIFIA requirements, and how the
refinancing will increase the funding capacity and enable the
completion, enhancement, or expansion of the facility.
    (7) The improvement being financed with proceeds of a guaranteed
loan must adhere to the requirements in Sec.  80.5.

Sec.  80.25  Limitations on Federal credit assistance.

    (a) The total dollar amount of Federal credit assistance offered to
a project in the form of Federal credit instruments will not exceed the
lesser of:
    (1) 33 percent of the reasonably anticipated eligible project
costs, as measured on an aggregate cash (year-of-expenditure) basis; or
    (2) If the Federal credit instrument does not receive an
investment-grade rating, the amount of project obligations senior to
the Federal credit instrument.
    (b) The costs used to calculate eligible project costs may not
include:
    (1) Costs incurred more than three years prior to the submission of
an application for a Federal credit instrument unless exceptional
circumstances exist, and inclusion of such costs is approved by the
Secretary.
    (2) Costs incurred prior to submission of an application for a
Federal credit instrument that are in excess of 20 percent of total
eligible project costs.
    (3) Operating costs incurred prior to substantial completion of the
project by a special purpose entity formed solely to construct and
operate the facility that are in excess of 5 percent of total eligible
project costs.
    (c) To be considered eligible project costs, payments to a public
entity associated with the lease acquisition or concession fee must
reflect fair market value and be dedicated to transportation projects
eligible under title 23 or chapter 53 of title 49, United States Code.
Further, the eligibility of such payments is limited to 25 percent of
total eligible project costs. The final amount of eligible project
costs associated with such payments is subject to the approval of the
Secretary.
    (d) Any loan made in connection with a credit agreement, whether a
secured loan, a guaranteed loan, or a loan made by drawing on a line of
credit, will be funded on a reimbursement basis, at such intervals as
specified in the credit agreement. In the case of a secured loan or a
guaranteed loan, the credit agreement will include the anticipated
schedule for such loan disbursements, which schedule the parties may
amend from time to time.

Sec.  80.27  Credit agreement closing and obligation of funds.

    (a) Closing conditions. The DOT will enter into a credit agreement
only when

the project to receive Federal credit assistance meets the following
requirements:
    (1) The project or project elements, as appropriate, comply with
applicable planning and programming requirements in 23 U.S.C. 134 and
135;
    (2) The project has received an environmental Categorical
Exclusion, Finding of No Significant Impact, or Record of Decision;
    (3) The requirements of 49 CFR 80.11 with respect to the
investment-grade rating must have been satisfied; and
    (4) The project, if eligible pursuant to Section 5302 of 49 U.S.C.,
Chapter 53, has complied with 49 U.S.C. 5333(b) as evidenced by a
letter from the U.S. Department of Labor.
    (b) Obligation of Federal funds. The DOT will obligate the subsidy
amount at the time it executes the credit agreement.

Sec.  80.29  Reporting requirements and credit monitoring.

    (a) Credit rating maintenance. Throughout the life of the Federal
credit instrument, the borrower must obtain annually, at no cost to the
Federal government, current credit evaluations of the project, the
project obligations, and the Federal credit instrument. The current
credit evaluations must be performed by a rating agency. In the case of
an unpublished rating, the credit evaluation must consist of a formal
credit rating letter.
    (b) Annual financial plan. Each recipient of Federal credit
assistance must submit an annual financial plan, elements of which may
be specified in the credit agreement, and audited financial statements
to the DOT not later than 180 days following the recipient's fiscal
year-end for each year during which the Federal credit instrument
remains outstanding. The annual financial plan must include a current
credit evaluation, as described in the preceding paragraph 80.29(a).
    (c) The borrower will furnish the DOT with:
    (1) Any information it submits to any rating agency; and
    (2) Any report of which the borrower has knowledge relating to the
project credit, whether prepared by a rating agency or other
institution and irrespective of whether prepared at the direction of
the borrower or otherwise.
    (d) Periodic audits. The DOT may periodically conduct, so long as a
Federal credit instrument is outstanding, such financial and compliance
audits as it deems necessary. Such audits will be at the borrower's
expense.
    (e) Additional reporting requirements. The DOT may require
additional reporting requirements in the credit agreement which it
deems necessary to enable it properly to monitor the credit performance
of the project.

Sec.  80.31  Fees.

    Section 603(b)(7) and section 604(b)(9) of Title 23, United States
Code, and Appendix A, Part II, Section 3b of OMB Circular A-129
authorize the Secretary to establish fees at a level sufficient to
recover all or a portion of the cost of making credit assistance
available under the TIFIA program. The following fees are not
considered eligible project costs for the purpose of calculating the
maximum amount of credit assistance.
    (a) Application fee. An applicant must remit with its application
for Federal credit assistance a non-refundable application fee. The
amount of the application fee will be posted on the TIFIA Web site. The
DOT may change the application fee from time to time by notice
published in the Federal Register.
    (b) Subsidy fee. If, in any given year, there is insufficient
budget authority to fund the credit instrument for a qualified project
that has been selected to receive assistance under TIFIA, the DOT and
the approved applicant may agree upon a supplemental fee to be paid by
or on behalf of the approved applicant at the time of execution of the
credit agreement to reduce the subsidy cost of that project. No such
fee may be included among eligible project costs for the purpose of
calculating the maximum 33 percent credit amount referenced in Sec.
80.25(a).
    (c) Transaction fee. The DOT will assess each borrower a
transaction fee to reimburse the DOT for its actual costs incurred in
evaluating the application and processing the transaction, which
transaction fee the borrower must pay not later than thirty days after
closing. In the event a transaction does not result in a credit
agreement closing, the approved applicant must pay the transaction fee
not later than 30 days after notifying the DOT that it will no longer
seek credit assistance, or if the approved applicant fails to give the
DOT such notice, the Secretary establishes by objective evidence that
the approved applicant is no longer seeking credit assistance and so
notifies the approved applicant, not later than 30 days after such
notification.
    (d) Servicing fee. The DOT will assess each borrower a servicing
fee for each Federal credit instrument to reimburse the DOT for the
costs of servicing Federal credit instruments. The amount of the
servicing fee will be posted on the TIFIA Web site. The DOT may change
the servicing fee from time to time by notice published in the Federal
Register.
    (e) Monitoring fee. The DOT will include in each credit agreement
terms and conditions obligating the borrower to reimburse the DOT for
costs incurred in connection with monitoring the credit performance of
a project, the enforcement of credit agreement provisions, amendments
to the credit agreement and related documents, and other performance-
related activities.

Sec.  80.33  Use of administrative offset.

    (a) The DOT will not apply an administrative offset to recover any
losses to the Federal Government resulting from project risk the DOT
has assumed under a Federal credit instrument.
    (b) The DOT will employ an administrative offset to recover fees
assessed under 49 CFR 80.31 and also in cases of fraud,
misrepresentation, false claims, or similar criminal acts or acts of
malfeasance or wrongdoing.

Sec.  80.35  Program Guide; TIFIA Web site.

    (a) Program Guide. The DOT will from time to time publish updates
to a TIFIA Program Guide, which will include updated information, a
loan template, and may reflect modifications to the application process
to provide more flexibility to project sponsors who are advancing
projects as private concessions. Reference should be made to the
Program Guide for additional information about the TIFIA program.
    (b) Web site. The DOT maintains a Web site for the TIFIA program:
http://tifia.fhwa.dot.gov. The DOT will post on the TIFIA Web site:
    (1) Amounts of application fee and monitoring fee assessed under 49
CFR 80.31;
    (2) Promptly after execution, each term sheet, and;
    (3) Promptly after closing of each credit agreement, the credit
agreement for such transaction to the extent that the credit agreement
does not contain confidential commercial information.
    (c) Additional information. Additional DOT records related to the
TIFIA program may be requested through a Freedom of Information Act
request pursuant to 49 CFR Part 7.

Sec.  80.37  Applicant Information Requirements.

    An applicant must obtain a Data Universal Number System (DUNS)
number and register on the Central Contractor Registration (CCR) site.
These requirements apply to all recipients of Federal assistance,
including entities receiving credit

assistance. If an applicant does not have a DUNS number, it can be
obtained free of charge through the Dun & Bradstreet (D&B) online Web
process at http://fedgov.dnb.com/webform. Information on CCR's on-line
registration can be found at http://www.ccr.gov. Additional information
on these requirements can be found at http://www.grants.gov/applicants/
register_your_organization.jsp.

CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF
TRANSPORTATION

PART 261--CREDIT ASSISTANCE FOR SURFACE TRANSPORTATION PROJECTS

    3. Revise the authority citation for part 261 to read as follows:

    Authority: secs. 1501, et seq., Pub. L. 105-178, 112 Stat. 107,
241, as amended; sec. 1601, 1602, Pub. L. 109-59, 119 Stat.1144; 23
U.S.C. 601-609 and 315; 49 CFR 1.49.

CHAPTER VI--FEDERAL TRANSIT ADMINISTRATION, DEPARTMENT OF
TRANSPORTATION

PART 640--CREDIT ASSISTANCE FOR SURFACE TRANSPORTATION PROJECTS

    4. Revise the authority for Part 640 to read as follows:

    Authority: secs. 1501, et seq., Pub. L. 105-178, 112 Stat. 107,
241, as amended; sec. 1601, 1602, Pub. L. 109-59, 119 Stat.1144; 23
U.S.C. 601-609 and 315; 49 CFR 1.51.

    5. Add 49 CFR Chapter XIII to read as follows:

CHAPTER XIII--MARITIME ADMINISTRATION, DEPARTMENT OF TRANSPORTATION

PART 1700--CREDIT ASSISTANCE FOR SURFACE TRANSPORTATION PROJECTS

Sec.
1700.1 Cross-reference to credit assistance.

    Authority: secs. 1501, et seq., Pub. L. 105-178, 112 Stat. 107,
241, as amended; sec. 1601, 1602, Pub. L. 109-59, 119 Stat. 1144; 23
U.S.C. 601-609 and 315; 49 CFR 1.66.

Sec.  1700.1  Cross-reference to credit assistance.

    The regulations in 49 CFR Part 80 shall be followed in complying
with the requirements of this part. Title 49, CFR Part 80 implements
the Transportation Infrastructure Finance and Innovation Act of 1998,
secs. 1501, et seq., (Pub. L. 105-178, 112 Stat. 107, 241), as amended;
sec. 1601, 1602, Pub. L. 109-59, 119 Stat. 1144; 23 U.S.C. 601-609.

 [FR Doc. E9-1117 Filed 1-16-09; 8:45 am]

BILLING CODE 4910-62-P


Ethyl mercaptan...           3  UN2363...........  I..............  3..............  T11, TP2, TP13....  None...........  201............  243............  Forbidden......  30 L..........  E...........  95, 102

                                                                                * * * * * * *

               Ethyldichlorosilan         4.3  UN1183...........  I..............  4.3, 8, 3......  A2, A7, N34, T14,   None...........  201............  244............  Forbidden......  1 L...........  D...........  21, 40, 49,

                e.                                                                                TP2, TP7, TP13,                                                                                100

                                                                                W31.

                                                                                * * * * * * *

               Fluoroboric acid..           8  UN1775...........  II.............  8..............  A7, B2, B15, IB2,   154............  202............  242............  1 L............  30 L..........  A...........

                                                                                N3, N34, T7, TP2.

               Fluorophosphoric             8  UN1776...........  II.............  8..............  A7, B2, IB2, N3,    None...........  202............  242............  1 L............  30 L..........  A...........

                acid anhydrous.                                                                      N34, T8, TP2.

                                                                                * * * * * * *

               Fluorosilicic acid           8  UN1778...........  II.............  8..............  A7, B2, B15, IB2,   None...........  202............  242............  1 L............  30 L..........  A...........

                                                                                N3, N34, T8, TP2.

               Fluorosulfonic               8  UN1777...........  I..............  8..............  A7, A10, B6, B10,   None...........  201............  243............  0.5 L..........  2.5 L.........  D...........  40

                acid.                                                                                N3, N36, T10, TP2.

                                                                                * * * * * * *

               Hydrazine,                   8  UN2029...........  I..............  8, 3, 6.1......  A7, A10, B7, B16,   None...........  201............  243............  Forbidden......  2.5 L.........  D...........  40, 52, 125

                anhydrous.                                                                           B53.

                                                                                * * * * * * *

               Hydriodic acid....           8  UN1787...........  II.............  8..............  A3, B2, IB2, N41,   154............  202............  242............  1 L............  30 L..........  C...........

                                                                                T7, TP2.

                                                                  III............  8..............  IB3, T4, TP1......  154............  203............  241............  5 L............  60 L..........  C...........  8

                                                                                * * * * * * *

               Hydrobromic acid,            8  UN1788...........  II.............  8..............  A3, B2, B15, IB2,   154............  202............  242............  1 L............  30 L..........  C...........

                with not more                                                                        N41, T7, TP2.

                than 49 percent

                hydrobromic acid.

                                                                  III............  8..............  A3, IB3, T4, TP1..  154............  203............  241............  5 L............  60 L..........  C...........  8

                                                                                * * * * * * *

               Hydrochloric acid.           8  UN1789...........  II.............  8..............  386, A3, B3, B15,   154............  202............  242............  1 L............  30 L..........  C...........

                                                                                B133, IB2, N41,

                                                                                T8, TP2.

                                                                  III............  8..............  A3, IB3, T4, TP1..  154............  203............  241............  5 L............  60 L..........  C...........  8

                                                                                * * * * * * *

               Hydrofluoric acid            8  UN1786...........  I..............  8, 6.1.........  A7, B15, B23, N5,   None...........  201............  243............  Forbidden......  2.5 L.........  D...........  40

                and Sulfuric acid                                                                    N34, T10, TP2,

                mixtures.                                                                            TP13.

                                                                                * * * * * * *

               Hydrofluoric acid,           8  UN1790...........  I..............  8, 6.1.........  A7, B4, B15, B23,   None...........  201............  243............  0.5 L..........  2.5 L.........  D...........  12, 25, 40

                with more than 60                                                                    N5, N34, T10,

                percent strength.                                                                    TP2, TP13.

               Hydrofluoric acid,           8  UN1790...........  II.............  8, 6.1.........  A7, B15, IB2, N5,   154............  202............  243............  1 L............  30 L..........  D...........  12, 25, 40

                with not more                                                                        N34, T8, TP2.

                than 60 percent

                strength.

                                                                                * * * * * * *

               Hydrogen peroxide          5.1  UN3149...........  II.............  5.1, 8.........  145, A2, A3, B53,   None...........  202............  243............  1 L............  5 L...........  D...........  25, 66, 75

                and peroxyacetic                                                                     IB2, IP5, T7,

                acid mixtures,                                                                       TP2, TP6, TP24.

                stabilized with

                acids, water, and

                not more than 5

                percent

                peroxyacetic acid.

                                                                                * * * * * * *

               Hydrogen peroxide,         5.1  UN2014...........  II.............  5.1, 8.........  A2, A3, B53, IB2,   None...........  202............  243............  1 L............  5 L...........  D...........  25, 66, 75

                aqueous solutions                                                                    IP5, T7, TP2,

                with not less                                                                        TP6, TP24, TP37.

                than 20 percent

                but not more than

                40 percent

                hydrogen peroxide

                (stabilized as

                necessary).

                                                                                * * * * * * *

               Lithium aluminum           4.3  UN1411...........  I..............  4.3, 3.........  A2, A11, N34......  None...........  201............  244............  Forbidden......  1 L...........  D...........  13, 40, 148

                hydride, ethereal.

                                                                                * * * * * * *

               Mercaptans,                  3  UN1228...........  II.............  3, 6.1.........  IB2, T11, TP2,      None...........  202............  243............  Forbidden......  60 L..........  B...........  40, 95, 102

                liquid,                                                                              TP27.

                flammable, toxic,

                n.o.s. or

                Mercaptan

                mixtures, liquid,

                flammable, toxic,

                n.o.s.

                                                                  III............  3, 6.1.........  B1, IB3, T7, TP1,   150............  203............  242............  5 L............  220 L.........  A...........  40, 95, 102

                                                                                TP28.

               Mercaptans,                6.1  UN3071...........  II.............  6.1, 3.........  IB2, T11, TP2,      153............  202............  243............  5 L............  60 L..........  C...........  40, 102, 121

                liquid, toxic,                                                                       TP13, TP27.

                flammable, n.o.s.

                or Mercaptan

                mixtures, liquid,

                toxic, flammable,

                n.o.s., flash

                point not less

                than 23 degrees C.

                                                                                * * * * * * *

               Methyldichlorosila         4.3  UN1242...........  I..............  4.3, 8, 3......  A2, A7, B6, B77,    None...........  201............  243............  Forbidden......  1 L...........  D...........  21, 40, 49,

                ne.                                                                                N34, T14, TP2,                                                                                100

                                                                                TP7, TP13, W31.

                                                                                * * * * * * *

               Morpholine........           8  UN2054...........  I..............  8, 3...........  T10, TP2..........  None...........  201............  243............  0.5 L..........  2.5 L.........  A...........

                                                                                * * * * * * *

               Nitric acid other            8  UN2031...........  II.............  8, 5.1.........  B2, B47, B53, IB2,  None...........  158............  242............  Forbidden......  30 L..........  D...........  66, 74, 89, 90

                than red fuming,                                                                     IP15, T8, TP2.

                with at least 65

                percent, but not

                more than 70

                percent nitric

                acid.

               Nitric acid other            8  UN2031...........  II.............  8..............  A212, B2, B47,      None...........  158............  242............  Forbidden......  30 L..........  D...........  44, 66, 74,

                than red fuming,                                                                     B53, IB2, IP15,                                                                                89, 90

                with more than 20                                                                    T8, TP2.

                percent and less

                than 65 percent

                nitric acid.

               Nitric acid other            8  UN2031...........  II.............  8..............  B2, B47, B53, IB2,  None...........  158............  242............  1 L............  30 L..........  D...........

                than red fuming                                                                      T8, TP2.

                with not more

                than 20 percent

                nitric acid.

                                                                                * * * * * * *

               Nitric acid other            8  UN2031...........  I..............  8, 5.1.........  B47, B53, T10,      None...........  158............  243............  Forbidden......  2.5 L.........  D...........  44, 66, 89,

                than red fuming,                                                                     TP2, TP12, TP13.                                                                                90, 110, 111

                with more than 70

                percent nitric

                acid.

                                                                                * * * * * * *

               Nitrohydrochloric            8  UN1798...........  I..............  8..............  B10, N41, T10,      None...........  201............  243............  Forbidden......  2.5 L.........  D...........  40, 66, 74,

                acid.                                                                                TP2, TP13.                                                                                89, 90

                                                                                * * * * * * *

               Nitrosylsulfuric             8  UN2308...........  II.............  8..............  A3, A7, B2, IB2,    154............  202............  242............  1 L............  30 L..........  D...........  40, 66, 74,

                acid, liquid.                                                                        N34, T8, TP2.                                                                                89, 90

                                                                                * * * * * * *

               Organotin                  6.1  UN2788...........  I..............  6.1............  N33, N34, T14,      None...........  201............  243............  1 L............  30 L..........  B...........  40

                compounds,                                                                           TP2, TP13, TP27.

                liquid, n.o.s.

                                                                  II.............  6.1............  A3, IB2, N33, N34,  153............  202............  243............  5 L............  60 L..........  A...........  40

                                                                                T11, TP2, TP13,

                                                                                TP27.

                                                                  III............  6.1............  IB3, T7, TP2, TP28  153............  203............  241............  60 L...........  220 L.........  A...........  40

                                                                                * * * * * * *

G............  Oxidizing liquid,          5.1  UN3098...........  I..............  5.1, 8.........  62................  None...........  201............  244............  Forbidden......  2.5 L.........  D...........  13, 56, 58,

                corrosive, n.o.s.                                                                                138

                                                                  II.............  5.1, 8.........  62, IB1...........  None...........  202............  243............  1 L............  5 L...........  B...........  13, 56, 58,

                                                                                138

                                                                  III............  5.1, 8.........  62, IB2...........  152............  203............  242............  2.5 L..........  30 L..........  B...........  13, 56, 58,

                                                                                138

G............  Oxidizing liquid,          5.1  UN3139...........  I..............  5.1............  62, 127, A2.......  None...........  201............  243............  Forbidden......  2.5 L.........  D...........  56, 58, 138

                n.o.s.

                                                                  II.............  5.1............  62, 127, 148, A2,   152............  202............  242............  1 L............  5 L...........  B...........  56, 58, 138

                                                                                IB2.

                                                                  III............  5.1............  62, 127, 148, A2,   152............  203............  241............  2.5 L..........  30 L..........  B...........  56, 58, 138

                                                                                IB2.

G............  Oxidizing liquid,          5.1  UN3099...........  I..............  5.1, 6.1.......  62................  None...........  201............  244............  Forbidden......  2.5 L.........  D...........  56, 58, 138

                toxic, n.o.s.

                                                                  II.............  5.1, 6.1.......  62, IB1...........  152............  202............  243............  1 L............  5 L...........  B...........  56, 58, 95,

                                                                                138

                                                                  III............  5.1, 6.1.......  62, IB2...........  152............  203............  242............  2.5 L..........  30 L..........  B...........  56, 58, 95,

                                                                                138

                                                                                * * * * * * *

               Perchloric acid            5.1  UN1873...........  I..............  5.1, 8.........  A2, N41, T10, TP1.  None...........  201............  243............  Forbidden......  2.5 L.........  D...........  66

                with more than 50

                percent but not

                more than 72

                percent acid, by

                mass.

                                                                                * * * * * * *

               Phosphorus                   8  UN1808...........  II.............  8..............  A3, A7, B2, B25,    None...........  202............  242............  Forbidden......  30 L..........  C...........  40

                tribromide.                                                                          IB2, N34, N43,

                                                                                T7, TP2.

                                                                                * * * * * * *

               Propanethiols.....           3  UN2402...........  II.............  3..............  IB2, T4, TP1, TP13  150............  202............  242............  5 L............  60 L..........  E...........  95, 102

                                                                                * * * * * * *

               Propylene oxide...           3  UN1280...........  I..............  3..............  N34, T11, TP2, TP7  None...........  201............  243............  1 L............  30 L..........  E...........  40

                                                                                * * * * * * *

               1,2-                         8  UN2258...........  II.............  8, 3...........  A3, IB2, N34, T7,   None...........  202............  243............  1 L............  30 L..........  A...........  40

                Propylenediamine.                                                                    TP2.

               Propyleneimine,              3  UN1921...........  I..............  3, 6.1.........  N34, T14, TP2,      None...........  201............  243............  1 L............  30 L..........  D...........  40

                stabilized.                                                                          TP13.

                                                                                * * * * * * *

               Selenium                     8  UN2879...........  I..............  8, 6.1.........  A7, N34, T10, TP2,  None...........  201............  243............  0.5 L..........  2.5 L.........  E...........  40

                oxychloride.                                                                         TP13.

                                                                                * * * * * * *

               Silicon                      8  UN1818...........  II.............  8..............  A3, B2, B6, T10,    None...........  202............  242............  Forbidden......  30 L..........  C...........  40

                tetrachloride.                                                                       TP2, TP7, TP13.

                                                                                * * * * * * *

               Sulfur chlorides..           8  UN1828...........  I..............  8..............  5, A7, A10, B10,    None...........  201............  243............  Forbidden......  2.5 L.........  C...........  40

                                                                                B77, N34, T20,

                                                                                TP2.

                                                                                * * * * * * *

               Sulfuric acid,               8  UN1831...........  I..............  8..............  A7, N34, T20, TP2,  None...........  201............  243............  Forbidden......  2.5 L.........  C...........  14, 40

                fuming with less                                                                     TP13.

                than 30 percent

                free sulfur

                trioxide.

                                                                                * * * * * * *

               Trichloroacetic              8  UN2564...........  II.............  8..............  A3, A7, B2, IB2,    154............  202............  242............  1 L............  30 L..........  B...........

                acid, solution.                                                                      N34, T7, TP2.

               ..................  ..........  .................  III............  8..............  A3, A7, IB3, N34,   154............  203............  241............  5 L............  60 L..........  B...........  8

                                                                                T4, TP1.

                                                                                * * * * * * *

               Trifluoroacetic              8  UN2699...........  I..............  8..............  A7, B4, N3, N34,    None...........  201............  243............  0.5 L..........  2.5 L.........  B...........  12, 25, 40

                acid.                                                                                N36, T10, TP2.

                                                                                * * * * * * *

               Valeryl chloride..           8  UN2502...........  II.............  8, 3...........  A3, A7, B2, IB2,    154............  202............  243............  1 L............  30 L..........  C...........  40

                                                                                N34, T7, TP2.

                                                                                * * * * * * *

               Vanadium                     8  UN2443...........  II.............  8..............  A3, A7, B2, B16,    154............  202............  242............  Forbidden......  30 L..........  C...........  40

                oxytrichloride.                                                                      IB2, N34, T7, TP2.

                                                                                * * * * * * *

               Vanadium                     8  UN2444...........  I..............  8..............  A7, B4, N34, T10,   None...........  201............  243............  Forbidden......  2.5 L.........  C...........  40

                tetrachloride.                                                                       TP2.

                                                                                * * * * * * *

               Vinyl ethyl ether,           3  UN1302...........  I..............  3..............  387, T11, TP2.....  None...........  201............  243............  1 L............  30 L..........  D...........

                stabilized.

                                                                                * * * * * * *

               Xylyl bromide,             6.1  UN1701...........  II.............  6.1............  A3, A7, IB2, N33,   None...........  340............  None...........  Forbidden......  60 L..........  D...........  40

                liquid.                                                                              T7, TP2, TP13,

                                                                                W31.

                                                                                * * * * * * *

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

0

3. In Sec.  172.102, in paragraph (c)(2), special provision A3 is

revised as follows:

Sec.  172.102   Special provisions.

* * * * *

    (c) * * *

    (2) * * *

    A3 For combination packagings, if glass inner packagings (including

ampoules) are used, they must be packed with absorbent material in

tightly closed rigid and leakproof receptacles before packing in outer

packagings.

* * * * *

PART 175--CARRIAGE BY AIRCRAFT

0

4. The authority citation for part 175 continues to read as follows:

    Authority:  49 U.S.C. 5101-5128, 44701; 49 CFR 1.81 and 1.97.

0

5. In Sec.  175.10, paragraphs (a)(18) introductory text and (a)(18)(i)

are revised to read as follows:

Sec.  175.10   Exceptions for passengers, crewmembers, and air

operators.

    (a) * * *

    (18) Except as provided in Sec.  173.21 of this subchapter,

portable electronic devices (e.g., watches, calculating machines,

cameras, cellular phones, laptop and notebook computers, camcorders,

medical devices, etc.) containing dry cells or dry batteries (including

lithium cells or batteries) and spare dry cells or batteries for these

devices, when carried by passengers or crewmembers for personal use.

Portable electronic devices powered by lithium batteries may be carried

in either checked or carry-on baggage. Spare lithium batteries must be

carried in carry-on baggage only. Each installed or spare lithium

battery must be of a type proven to meet the requirements of each test

in the UN Manual of Tests and Criteria, part III, sub-section 38.3 and

each spare lithium battery must be individually protected so as to

prevent short circuits (e.g., by placement in original retail

packaging, by otherwise insulating terminals by taping over exposed

terminals, or placing each battery in a separate plastic bag or

protective pouch). In addition, each installed or spare lithium battery

must not exceed the following:

    (i) For a lithium metal battery, the lithium content must not

exceed 2 grams. With the approval of the operator, portable medical

electronic devices (e.g., automated external defibrillators (AED),

nebulizer, continuous positive airway pressure (CPAP), etc.) may

contain lithium metal batteries exceeding 2 grams, but not exceeding 8

grams. With the approval of the operator, no more than two lithium

metal batteries each exceeding 2 grams, but not exceeding 8 grams, may

be carried as spare batteries for portable medical electronic devices

in carry-on baggage and must be carried with the portable medical

electronic device the spare batteries are intended to operate;

* * * * *

0

6. In Sec.  175.30, paragraphs (b) introductory text, (c) introductory

text, and (c)(1) are revised to read as follows:

Sec.  175.30   Inspecting shipments.

* * * * *

    (b) Except as provided in paragraph (d) of this section, no person

may carry a hazardous material in a package or overpack aboard an

aircraft unless the package or overpack is inspected by the operator of

the aircraft immediately before placing it:

* * * * *

    (c) A hazardous material may be carried aboard an aircraft only if,

based on the inspection by the operator, the package or overpack

containing the hazardous material:

    (1) Has no leakage or other indication that its integrity has been

compromised; and

* * * * *

0

7. Section 175.33 is revised to read as follows:

Sec.  175.33   Shipping paper and information to the pilot-in-command.

    (a) When a hazardous material subject to the provisions of this

subchapter is carried in an aircraft, the operator of the aircraft must

provide the pilot-in-command and the flight dispatcher or other ground

support personnel with responsibilities for operational control of the

aircraft with accurate and legible written information (e.g.,

handwritten, printed, or electronic form) as early as practicable

before departure of the aircraft, but in no case later than when the

aircraft moves under its own power, which specifies at least the

following:

    (1) The date of the flight;

    (2) The air waybill number (when issued);

    (3) The proper shipping name (the technical name(s) shown on the

shipping paper is not required), hazard class or division, subsidiary

risk(s) corresponding to a required label(s), packing group and

identification number of the material as specified in Sec.  172.101 of

this subchapter or the ICAO Technical Instructions (IBR, see Sec.

171.7 of this subchapter). In the case of Class 1 materials, the

compatibility group letter also must be shown.

    (4) The total number of packages;

    (5) The exact loading location of the packages;

    (6) The net quantity or gross mass, as applicable, for each package

except those containing Class 7 (radioactive) materials. For a shipment

consisting of multiple packages containing hazardous materials bearing

the same proper shipping name and identification number, only the total

quantity and an indication of the quantity of the largest and smallest

package at each loading location need to be provided. For consumer

commodities, the information provided may be either the gross mass of

each package or the average gross mass of the packages as shown on the

shipping paper;

    (7) For Class 7 (radioactive) materials, the number of packages

overpacks or freight containers, their category, transport index (if

applicable), and their exact loading location;

    (8) Confirmation that the package must be carried on cargo-only

aircraft;

    (9) The airport at which the package(s) is to be unloaded;

    (10) An indication, when applicable, that a hazardous material is

being carried under terms of a special permit or under a State

exemption as prescribed in the ICAO Technical Instructions (IBR, see

Sec.  171.7 of this subchapter);

    (11) The telephone number from whom the information contained in

the information to the pilot-in-command can be obtained. The aircraft

operator must ensure the telephone number is monitored at all times the

aircraft is in flight. The telephone number is not required to be

placed on the information to the pilot-in-command if the phone number

is in a location in the cockpit available and known to the pilot-in-

command;

    (12) For UN1845, Carbon dioxide, solid (dry ice), the information

required by this paragraph (a) may be replaced by the UN number, proper

shipping name, hazard class, total quantity in each cargo compartment

aboard the aircraft, and the airport at which the package(s) is to be

unloaded; and

    (13)(i) For UN3480, Lithium ion batteries, and UN3090, Lithium

metal batteries, the information required by this paragraph (a) may be

replaced by the UN number, proper shipping name, hazard class, total

quantity at each specific loading location, and whether the package

must be carried on cargo-only aircraft.

    (ii) For UN3480, Lithium ion batteries, and UN3090, Lithium metal

batteries, carried under a special permit or a State exemption as

prescribed in the ICAO Technical Instructions (IBR, see Sec.  171.7 of

this subchapter), must

meet all of the requirements of this section.

    (iii) For UN3480, UN3481, UN3090, and UN3091 prepared in accordance

with Sec.  173.185(c), except those prepared in accordance with Sec.

173.185(c)(4)(vi), are not required to appear on the information to the

pilot-in-command.

    (b)(1) The information provided to the pilot-in-command must also

include a signed confirmation or some other indication from the person

responsible for loading the aircraft that there was no evidence of any

damage to or leakage from the packages or any leakage from the unit

load devices loaded on the aircraft;

    (2) The information to the pilot-in-command and the emergency

response information required by subpart G of part 172 of this

subchapter shall be readily available to the pilot-in-command and

flight dispatcher during flight.

    (3) The pilot-in-command must indicate in writing (e.g.,

handwritten, printed, or electronic form) that the information to the

pilot-in-command has been received.

    (c) The aircraft operator must--

    (1) For shipping papers. (i) Ensure a copy of the shipping paper

required by Sec.  175.30(a)(2) accompanies the shipment it covers

during transportation aboard the aircraft.

    (ii) Retain a copy of the shipping paper required by Sec.

175.30(a)(2) or an electronic image thereof, that is accessible at or

through its principal place of business and must make the shipping

paper available, upon request, to an authorized official of a federal,

state, or local government agency at reasonable times and locations.

For a hazardous waste, each shipping paper copy must be retained for

three years after the material is accepted by the initial carrier. For

all other hazardous materials, each shipping paper copy must be

retained by the operator for one year after the material is accepted by

the initial carrier. Each shipping paper copy must include the date of

acceptance by the carrier. The date on the shipping paper may be the

date a shipper notifies the air carrier that a shipment is ready for

transportation, as indicated on the air waybill or bill of lading, as

an alternative to the date the shipment is picked up or accepted by the

carrier. Only an initial carrier must receive and retain a copy of the

shipper's certification, as required by Sec.  172.204 of this

subchapter.

    (2) For information to the pilot-in-command. Retain for 90 days at

the airport of departure or the operator's principal place of business.

    (3) Have the shipping paper and information to the pilot-in-command

readily accessible at the airport of departure and the intended airport

of arrival for the duration of the flight.

    (4) Make available, upon request, to an authorized official of a

Federal, State, or local government agency (which includes emergency

responders) at reasonable times and locations, the documents or

information required to be retained by this paragraph. In the event of

a reportable incident, as defined in Sec.  171.15 of this subchapter,

the aircraft operator must make immediately available to an authorized

official of a Federal, State, or local government agency (which

includes emergency responders), the documents or information required

to be retained by this paragraph (c).

    (5) Specify the personnel to be provided the information required

by paragraph (a) of this section in their operations manual and/or

other appropriate manuals.

    (d) The information required by paragraph (a) of this section and

the shipping paper required by (c)(1) of this section may be combined

into one document.

0

8. In Sec.  175.88, paragraph (c) is revised to read as follows:

Sec.  175.88   Inspection, orientation and securing packages of

hazardous materials.

* * * * *

    (c) Packages containing hazardous materials must be:

    (1) Secured in an aircraft in a manner that will prevent any

shifting or change in the orientation of the packages;

    (2) Protected from being damaged, including by the shifting of

baggage, mail, stores, or other cargo;

    (3) Loaded so that accidental damage is not caused through dragging

or mishandling; and

    (4) When containing Class 7 (radioactive) materials, secured in a

manner that ensures that the separation requirements of Sec. Sec.

175.701 and 175.702 will be maintained at all times during flight.

    Issued in Washington, DC, on October 5, 2018 under authority

delegated in 49 CFR 1.97.

Howard R. Elliott,

Administrator, Pipeline and Hazardous Materials Safety Administration.

[FR Doc. 2018-22114 Filed 10-17-18; 8:45 am]

 BILLING CODE 4910-60-P


[Federal Register Volume 77, Number 173 (Thursday, September 6, 2012)]
[Rules and Regulations]
[Pages 54800-54802]
[FR Doc No: 2012-21653]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0633; Directorate Identifier 2012-CE-018-AD;
Amendment 39-17170; AD 2012-17-07]
RIN 2120-AA64

Airworthiness Directives; Diamond Aircraft Industries GmbH
Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Diamond Aircraft Industries GmbH Models DA 42, DA 42 NG, and DA 42 M-NG
airplanes. This AD results from mandatory continuing airworthiness
information (MCAI) issued by an aviation authority of another country
to identify and correct an unsafe condition on an aviation product. The
MCAI describes the unsafe condition as excessive voids in the adhesive
joint between the center wing spars and the

upper center wing skins. This condition could cause the wing to fail,
which could result in loss of control of the airplane. We are issuing
this AD to require actions to address the unsafe condition on these
products.

DATES: This AD is effective October 11, 2012.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of October 11,
2012.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at Document Management Facility, U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC
20590.
    For service information identified in this AD, contact Diamond
Aircraft Industries GmbH, N.A. Otto-Stra[szlig]e 5, A-2700 Wiener
Neustadt, Austria, telephone: +43 2622 26700; fax: +43 2622 26780;
email<EMAIL_ADDRESS>Internet: http://www.diamond-air.at. You
may review copies of the referenced service information at the FAA,
Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106.
For information on the availability of this material at the FAA, call
(816) 329-4148.

FOR FURTHER INFORMATION CONTACT: Mike Kiesov, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on June 15, 2012 (77 FR
35890). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

    During conversion of a DA 42 to a DA 42 NG, voids were detected
in the adhesive joint between the centre wing spars and the upper
centre wing skins, between the fuselage wall and the engine nacelle.
The available information indicates that wings with voids continue
to meet the certification design limits, provided the voids are
within established criteria.
    However, to detect any wings that may have voids exceeding these
criteria, Diamond has issued Mandatory Service Bulletin (MSB) 42-092
and MSB 42NG-022 (single document) that describes instructions for
inspection of the aeroplanes that had these wings installed during
manufacture. Aeroplanes that have voids within the inspection
criteria may continue to operate without restriction, pending the
outcome of ongoing investigations. Aeroplanes that have voids
exceeding the inspection criteria must be repaired.
    For reasons described above, the EASA AD required the inspection
of the affected aeroplanes to measure the voids in the adhesive
joint between the centre wing spars and the upper centre wing skins,
the reporting of all findings to Diamond Aircraft Industries and the
repair of any voids exceeding the criteria as specified in the MSB.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (77 FR 35890, June 15,
2012) 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 the AD 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 (77 FR 35890, June 15, 2012) for correcting the unsafe condition;
and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (77 FR 35890, June 15, 2012).

Costs of Compliance

    We estimate that this AD will affect 172 products of U.S. registry.
We also estimate that it will take about 2 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour.
    Based on these figures, we estimate the cost of this AD on U.S.
operators to be $29,240, or $170 per product.
    In addition, we estimate that any necessary follow-on actions will
take about 10 work-hours, for a cost of $850 per product. We have no
way of determining the number of products that may need these actions.
    According to the manufacturer, some of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this 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 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.

Examining the AD Docket

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

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 AD:

2012-17-07 Diamond Aircraft Industries GmbH: Amendment 39-17170;
Docket No. FAA-2012-0633; Directorate Identifier 2012-CE-018-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective October 11,
2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the following Diamond Aircraft Industries
GmbH Models DA 42, DA 42 NG, and DA 42 M-NG airplanes: serial
numbers 42.006 through 42.008, 42.010, 42.012 through 42.014, 42.016
through 42.033, 42.035 through 42.043, 42.045, 42.046, 42.048
through 42.051, 42.053, 42.055 through 42.059, 42.061 through
42.081, 42.083 through 42.093, 42.096 through 42.097, 42.099 through
42.120, 42.122 through 42.125, 42.127 through 42.148, 42.150 through
42.170, 42.172 through 42.176, 42.178, 42.179, 42.181 through
42.200, 42.202 through 42.224, 42.AC001 through 42.AC028, and
42.AC030 through 42.AC052, certificated in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 57, Wings.

(e) Reason

    This AD was prompted by mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. The MCAI describes the unsafe condition as excessive voids
in the adhesive joint between the center wing spars and the upper
center wing skins. We are issuing this AD to prevent wing failure,
which could result in loss of control of the airplane.

(f) Actions and Compliance

    Unless already done, do the following actions:
    (1) Within the next 100 hours time-in-service (TIS) after
October 11, 2012 (the effective date of this AD) or within the next
3 months after October 11, 2012 (the effective date of this AD),
whichever occurs first, inspect the adhesive joint between the
center wing spars and the upper center wing skin following Diamond
Aircraft Industries GmbH Work Instruction WI-MSB-42-092, WI-MSB-
42NG-22, dated May 20, 2011, as specified in Diamond Aircraft
Industries GmbH Mandatory Service Bulletin No. MSB 42-092, MSB 42NG-
022, dated May 20, 2011.
    (2) Within 30 days after the inspection required in paragraph
(f)(1) of this AD, using Appendix A of Diamond Aircraft Industries
GmbH Work Instruction WI-MSB-42-092, WI-MSB-42NG-22, dated May 20,
2011, report the results of the inspection to Diamond Aircraft
Industries GmbH at the address in paragraph (i)(3) of this AD.
    (3) If, during the inspection required in paragraph (f)(1) of
this AD, voids are detected that exceed the criteria specified in
Diamond Aircraft Industries GmbH Work Instruction WI-MSB-42-092, WI-
MSB-42NG-22, dated May 20, 2011, before further flight, repair the
airplane following Diamond Aircraft Industries GmbH Work Instruction
WI-MSB-42-092, WI-MSB-42NG-22, dated May 20, 2011, as specified in
Diamond Aircraft Industries GmbH Mandatory Service Bulletin No. MSB
42-092, MSB 42NG-022, dated May 20, 2011.
    (4) For the purpose of compliance with paragraph (f)(3) of this
AD, a single positioning flight is allowed to a location where the
repair can be done following the provisions specified in Section
III.1 of Diamond Aircraft Industries GmbH Work Instruction WI-MSB-
42-092, WI-MSB-42NG-22, dated May 20, 2011.

(g) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Mike Kiesov, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>Before using any approved AMOC on any airplane
to which the AMOC applies, notify your appropriate principal
inspector (PI) in the FAA Flight Standards District Office (FSDO),
or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, a federal agency may not conduct or sponsor, and a person
is not required to respond to, nor shall a person be subject to a
penalty for failure to comply with a collection of information
subject to the requirements of the Paperwork Reduction Act unless
that collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 5 minutes per response, including the
time for reviewing instructions, completing, and reviewing the
collection of information. All responses to this collection of
information are mandatory. Comments concerning the accuracy of this
burden and suggestions for reducing the burden should be directed to
the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer, AES-200.

(h) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA) AD No.
2011-0100, dated May 26, 2011; Diamond Aircraft Industries GmbH
Mandatory Service Bulletin No. MSB 42-092, MSB 42NG-022, dated May
20, 2011; and Diamond Aircraft Industries GmbH Work Instruction WI-
MSB-42-092, WI-MSB-42NG-22, dated May 20, 2011, for related
information.

(i) 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 the AD specifies otherwise.
    (i) Diamond Aircraft Industries GmbH Mandatory Service Bulletin
No. MSB 42-092, MSB 42NG-022, dated May 20, 2011.
    (ii) Diamond Aircraft Industries GmbH Work Instruction WI-MSB-
42-092, WI-MSB-42NG-22, dated May 20, 2011.
    (3) For Diamond Aircraft Industries GmbH service information
identified in this AD, contact Diamond Aircraft Industries GmbH,
N.A. Otto-Stra[szlig]e 5, A-2700 Wiener Neustadt, Austria,
telephone: +43 2622 26700; fax: +43 2622 26780; email:
<EMAIL_ADDRESS>Internet: http://www.diamond-air.at.
    (4) You may view this service information at FAA, FAA, Small
Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call
(816) 329-4148.
    (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/index.html.

    Issued in Kansas City, Missouri, on August 21, 2012.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2012-21653 Filed 9-5-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 190 (Tuesday, October 3, 2017)]
[Rules and Regulations]
[Pages 45977-45978]
[FR Doc No: 2017-21165]

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

Coast Guard

33 CFR Part 100

[Docket Number USCG-2017-0727]
RIN 1625-AA08

Special Local Regulation; Tennessee River, Chattanooga, TN

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a special local regulation for
all navigable waters of the Tennessee River from mile marker (MM) 453.0
to MM 453.6. This action is necessary to provide for the safety of life
on these navigable waters near Chattanooga, TN during the Swim the Suck
marine event. Entry into, transiting through, or anchoring within this
regulated area is prohibited unless authorized by the Captain of the
Port Sector Ohio Valley (COTP) or a designated representative.

DATES: This rule is effective from 9:15 a.m. through 9:45 a.m. on
October 14, 2017.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0727 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice
of enforcement, call Petty Officer Jonathan Braddy, Marine Safety
Detachment Nashville, U.S. Coast Guard, telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable.
    We must establish this special local regulation by October 14, 2017
and lack sufficient time to provide a reasonable comment period and
then consider those comments before issuing the rule. The NPRM process
would delay the establishment of the special local regulation until
after the scheduled date of the marine event and jeopardize public
safety.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it effective less than 30
days after publication in the Federal Register. Delaying this rule
would be impracticable and contrary to the public interest because
immediate action is necessary to protect persons and property from the
dangers associated with the marine event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1233. The Captain of the Port Sector Ohio Valley (COTP) has determined
that potential hazards associated with the Swim the Suck marine event
from 9:15 a.m. through 9:45 a.m. on October 14, 2017 will present a
safety concern for all navigable waters on the Tennessee River
extending from mile marker (MM) 453.0 to MM 453.6. The purpose of this
rulemaking is to ensure the safety of life and vessels on the navigable
waters before, during, and after the scheduled event.

IV. Discussion of the Rule

    This rule establishes a special local regulation from 9:15 a.m.
through 9:45 a.m. on October 14, 2017 for all navigable waters on the
Tennessee River from MM 453.0 to MM 453.6. The duration of the special
local regulation is intended to ensure the safety of life and vessels
on these navigable waters before, during, and after the scheduled
event. No vessel or person will be permitted to enter the regulated
area without obtaining permission from the COTP or a designated
representative.

V. Regulatory Analyses

    We developed this 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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
location, duration, and time-of-day of the regulated area. Vessel
traffic will be able to safely navigate through the affected area
before

and after the scheduled event. Moreover, the Coast Guard will issue
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the
regulated area and the rule allows vessels to seek permission to enter
the area.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
regulated area may be small entities, for the reasons stated in section
V.A. above, this rule will not have a significant economic impact on
any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

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

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 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 rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for Federalism or Indian tribes,
please contact 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 rule will not result in
such expenditure, we do discuss the effects of this rule elsewhere in
this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves the establishment of a special local regulation lasting
one half of an hour extending less than one mile that will prohibit
entry on all navigable waters of the Tennessee River from MM 453.0 to
MM 453.6. It is categorically excluded from further review under
paragraph 35(a) of Figure 2-1 of the Commandant Instruction and a
Record of Environmental Consideration was not necessary.

G. Protest Activities

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

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.

0
2. Add temporary Sec.  100.35T08-0727 to read as follows:

Sec.  100.35T08-0727   Special Local Regulation; Tennessee River,
Chattanooga, TN.

    (a) Location. The following area is a temporary special local
regulation: All navigable waters of the Tennessee River between mile
marker (MM) 453.0 and MM 453.6, Chattanooga, TN.
    (b) Effective period. This section will be effective from 9:15 a.m.
through 9:45 a.m. on October 14, 2017.
    (c) Special local regulations. (1) Entry into this area is
prohibited unless authorized by the Captain of the Port Sector Ohio
Valley (COTP) or a designated representative.
    (2) Persons or vessels desiring entry into or passage through the
area must request permission from the COTP or a designated
representative. U.S. Coast Guard Sector Ohio Valley may be contacted on
VHF Channel 13 or 16 or by telephone at 1-800-253-7465.
    (d) Informational broadcasts. The COTP or a designated
representative will inform the public through broadcast notices to
mariners of the enforcement period for the special local regulation, as
well as any changes in the dates and times of enforcement.

    Dated: September 18, 2017.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port, Sector Ohio Valley.
[FR Doc. 2017-21165 Filed 10-2-17; 8:45 am]
 BILLING CODE 9110-04-P