[Federal Register: June 8, 2010 (Volume 75, Number 109)]
[Rules and Regulations]
[Page 32268]
[DOCID:fr08jn10-8]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2010-0249; Airspace Docket No. 10-ASO-22]

Establishment of Class E Airspace; Panama City, Tyndall AFB, FL.

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; confirmation of effective date.

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SUMMARY: This action confirms the effective date of a direct final rule
published in the Federal Register April 1, 2010 that establishes Class
E airspace at Tyndall AFB, Panama City, FL.

DATES: Effective Date: 0901 UTC, June 8, 2010.

FOR FURTHER INFORMATION CONTACT: Melinda Giddens, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, P.O.
Box 20636, Atlanta, Georgia 30320; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Confirmation of Effective Date

    The FAA published this direct final rule with a request for
comments in the Federal Register on April 1, 2010 (75 FR 16331), Docket
No. FAA-2010-0249; Airspace Docket No. 10-ASO-22. The FAA uses the
direct final rulemaking procedure for a non-controversial rule where
the FAA believes that there will be no adverse public comment. This
direct final rule advised the public that no adverse comments were
anticipated, and that unless a written adverse comment, or a written
notice of intent to submit such an adverse comment, were received
within the comment period, the regulation would become effective on
June 3, 2010. No adverse comments were received, and thus this notice
confirms that effective date.

    Issued in College Park, Georgia, on May 27, 2010.
Barry A. Knight,
Acting Manager, Operations Support Group, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2010-13635 Filed 6-7-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 59 (Tuesday, March 30, 2021)]
[Notices]
[Pages 16653-16655]
[FR Doc No: 2021-06490]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2020-1051]

Agency Information Collection Activities: Requests for Comments;
Clearance of New Approval of Information Collection: Unmanned Aircraft
Systems (UAS) BEYOND and Partnership for Safety Plan (PSP) Programs

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval for a new information

collection. The collection involves data and report submissions by
State, local and tribal participants in the UAS BEYOND program, and by
industry participants in the Partnership for Safety Plan (PSP) program.
UAS BEYOND and PSP participants will also conduct qualitative, non-
statistical surveys of the general public. The information to be
collected will be used to inform FAA policy and decision-making
regarding integrating UAS into the National Airspace System.

DATES: Written comments should be submitted by June 1, 2021.

ADDRESSES: Please send written comments:

By Electronic Docket: www.regulations.gov (Enter docket number into
search field)
By Mail: Corbin Jones, Federal Aviation Administration, 470 L'Enfant
Plaza, Washington, DC 20024
By Fax:<PHONE_NUMBER>

FOR FURTHER INFORMATION CONTACT: Corbin Jones by email at:
<EMAIL_ADDRESS>phone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.
    OMB Control Number: 2120-XXXX.
    Title: Unmanned Aircraft Systems (UAS) BEYOND and Partnership for
Safety Plan (PSP) Programs.
    Form Numbers:

 UAS Flight Anomaly Report (Pending)
 UAS Characteristics Report (Pending)
 Standard UAS Monthly Operational Flight Report (Pending)
 Part 107 UAS Monthly Operational Flight Report (Pending)
 44807 UAS Monthly Operational Flight Report (Pending)
 40102(a)_41025 COA UAS Monthly Operational Flight Report
(Pending)
 UAS Monthly Maintenance Report (Pending)
 UAS Test Data Submission Form (Pending)
 BEYOND Semi-Annual Report (Pending)
 PSP Quarterly Report (Pending)
 BEYOND Final Report (Pending)
 PSP Final Report (Pending)
 Community Engagement Data Submission Form (Pending)
 Societal and Economic Data Submission Form (Pending)
 BEYOND Program Withdrawal Report (Pending)
 Community Engagement Tool (Pending)

    Type of Review: New information collection. Background: The data
collected during the Unmanned Aircraft Systems (UAS) BEYOND and
Partnership for Safety Plan (PSP) programs is delineated as part of the
Memorandum of Agreement (MOA) or Memorandum of Understanding (MOU) each
Lead Participant or industry partner participant signs with the FAA,
and entered into under the authority of 49 U.S.C. 106(l) and (m). There
are five types of data collection.
    First, participants submit narrative reports to inform the FAA of
operational trends, and highlight successes and failures and their
causes. The purpose of the narrative reports is to help the FAA make
policy and resource decisions, especially in regards to the challenges
and lessons learned in integrating UAS into the NAS. These include
Semi-Annual, Final and Program Withdrawal Reports for the UAS BEYOND
program and Quarterly and Final Reports for the PSP program.
    Second, participants submit systems and operations data, including
UAS Data, Maintenance Data, Operational Flight Data, Test Data and
Anomaly Data. The purpose of these submissions is to inform policy and
decision-making related to the risks associated with operations
involving command and control (C2) links, DAA capabilities, anomaly
detection and a host of other categories, in order to solve challenges
in enabling UAS BVLOS operations and to fully integrate various
operation types into the NAS.
    Third, participants submit quantitative and qualitative data
related to the societal and economic benefits of their UAS operations.
The information will be used to inform FAA policy and decision-making
toward integrating different types of operations into the NAS, and to
inform discussions with the public on the benefits of using UAS. These
will be submitted with the Semi-Annual BEYOND reports or the Quarterly
PSP reports.
    Fourth, participants submit quantitative and qualitative data
related to their community engagement activities. The information will
be used to inform FAA policy and decision-making on how to best engage
the public in discussions about the use of UAS in their communities,
and to give insight into the public's desire or resistance toward
approvals of different types of operations in various communities.
These will be submitted with the Semi-Annual BEYOND reports or the
Quarterly PSP reports.
    Fifth, participants collect and submit data collected from the
general public using questions provided in community engagement tool.
The objective is to gather general information about community
sentiment to be shared within FAA and with external stakeholders, and
to assist in the development of artifacts such as best practices and
lessons learned documents. Those artifacts can then be shared with UAS
stakeholders to help inform their stakeholder engagement activities. It
is not meant to be statistical in nature, nor to provide statistically
significant information for policy or decision-making. This data will
be submitted with the Semi-Annual BEYOND reports or the Quarterly PSP
reports.
    Respondents: Depending on the submission, the respondents are three
groups:

1. Business or other for-profit--PSP participants only
2. State, Local or Tribal Government--BEYOND participants only
3. Individuals or Households

    See the following table for details.
    Frequency: The frequency depends on the report or form. See the
following table for details.
    Estimated Average Burden per Response: Depending on the submission,
the overall estimated average burden per response varies from 5 minutes
to 80 hours. See the following table for details.
    Estimated Total Annual Burden: The estimated total annual burden
for all submissions is 17,190.91 hours. See the following table for a
breakdown by report or form.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Estimated    Estimated
                                                                                Total       average       total
                Submission                        Affected public                 Frequency            Number of    number of    burden per     annual
                                                                                respondents   responses     response      burden
                                                                                (hours)      (hours)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          Reports and Accompanying Submissions
--------------------------------------------------------------------------------------------------------------------------------------------------------
PSP Quarterly Submissions................  Business or other for-        Quarterly..................         7.00        28.00        80.00     2,240.00
                                            profit, PSP participants
                                            only.
BEYOND Semi-Annual Submissions...........  State, Local or Tribal        Semi-Annually..............        12.00        24.00        80.00     1,920.00
                                            Government, BEYOND
                                            participants only.
PSP and BEYOND Final Reports.............  Business or other for-        One-Time Submission........        19.00         6.33        40.00       253.33
                                            profit--PSP participants
                                            only, and State, Local or
                                            Tribal Government--BEYOND
                                            participants only.
BEYOND Program Withdrawal Reports........  State, Local or Tribal        Occasional.................        12.00         4.00        40.00       160.00
                                            Government, BEYOND
                                            participants only.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Systems and Operations Data
--------------------------------------------------------------------------------------------------------------------------------------------------------
UAS Monthly Operational Flight Reports     Business or other for-        Monthly....................        19.00       456.00         1.00       456.00
 and Maintenance Reports.                   profit--PSP participants
                                            only, and State, Local or
                                            Tribal Government--BEYOND
                                            participants only.
UAS Aircraft Characteristics Submissions.  Business or other for-        On Occasion--for each New          19.00       475.00         0.20        95.00
                                            profit--PSP participants      Aircraft--Assuming average
                                            only, and State, Local or     25 annual submissions.
                                            Tribal Government--BEYOND
                                            participants only.
UAS Anomaly Reports......................  Business or other for-        On Occasion--Assuming 10           19.00       190.00         1.00       190.00
                                            profit--PSP participants      annually per participant.
                                            only, and State, Local or
                                            Tribal Government--BEYOND
                                            participants only.
Optional Ad Hoc Test Data Submissions....  Business or other for-        Ad hoc.....................        19.00        19.00         0.08         1.58
                                            profit--PSP participants
                                            only, and State, Local or
                                            Tribal Government--BEYOND
                                            participants only.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Community Engagement Tool................  Individuals or Households...  On Occasion................    47,500.00    47,500.00         0.25    11,875.00
                                          --------------------------------------------------------------------------------------------------------------
    Totals...............................  ............................  ...........................    47,626.00    48,702.33         0.35    17,190.91
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Issued in Washington, DC, on February 16, 2021.
Corbin Jones,
Support Team Manager, BEYOND Program, Unmanned Aircraft Systems
Integration Office, Federal Aviation Administration.
[FR Doc. 2021-06490 Filed 3-29-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 96 (Friday, May 17, 2019)]
[Rules and Regulations]
[Pages 22363-22364]
[FR Doc No: 2019-10171]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2019-0335; Airspace Docket No. 19-AEA-5]
RIN 2120-AA66

Amendment of Class E Airspace; Cambridge, MD

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; technical amendment.

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SUMMARY: This action amends Class E airspace for the Cambridge-
Dorchester Regional Airport, Cambridge, MD, by correcting the airspace
designation header in the 7400.11 to coincide with the FAA's
aeronautical database. This does not affect the boundaries or operating
requirements of the airspace.

DATES: Effective 0901 UTC, June 20, 2019. The Director of the Federal
Register approves this incorporation by reference action under title 1
Code of Federal Regulations part 51, subject to the annual revision of
FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11C, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed on line at http://www.faa.gov/airtraffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11C at NARA, call<PHONE_NUMBER>, or go
to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, 1701
Columbia Ave., College Park, GA 30337; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 amends Class E airspace for Cambridge-Dorchester Regional
Airport, Cambridge, MD, by correcting the airspace designation header.
The header is amended from `AEA ME E5 Cambridge, MD' to `AEA MD E5
Cambridge, MD'. Accordingly, since this is an administrative change,
and does not affect the boundaries, altitudes, or operating
requirements of the airspace, notice and public procedures under 5
U.S.C. 553(b) are unnecessary.
    The Class E airspace designations are published in Paragraph 6005
of FAA Order 7400.11C, dated August 13, 2018, and effective September
15, 2018, which is incorporated by reference in 14 CFR 71.1. The Class
E airspace designations listed in this document will be published
subsequently in the order.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11C, Airspace
Designations and Reporting Points, dated August 13, 2018, and effective
September 15, 2018. FAA Order 7400.11C is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11C lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore, (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a Regulatory Evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part A. Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends the airspace descriptor for Cambridge-Dorchester Regional
Airport, Cambridge, MD.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for Part 71 will continue to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.11C, Airspace Designations and Reporting
Points, dated August 13, 2018, and effective September 15, 2018, is
amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

AEA MD E5 Cambridge, MD [Amended]

Cambridge-Dorchester Regional Airport, MD
    (Lat. 38[deg]32'22'' N, long. 76[deg]01'49'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.6-mile radius of Cambridge-Dorchester Regional Airport.

    Issued in College Park, Georgia, on May 9, 2019.
Ryan W. Almasy,
Manager, Operations Support Group, Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2019-10171 Filed 5-16-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 124 (Monday, June 29, 2015)]
[Rules and Regulations]
[Pages 36924-36926]
[FR Doc No: 2015-15932]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0198]
RIN 1625-AA00

Safety Zone; Ohio River Between Mile 618.5 and Mile 619.5;
Louisville, KY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
all waters of the Ohio River between mile 618.5 and mile 619.5 on June
27, 2015. This safety zone is needed to protect persons, property, and
infrastructure from potential damage and safety hazards associated with
the Riverview Park Independence Festival firework display. Deviation
from the safety zone is prohibited unless specifically authorized by
the Captain of the Port (COTP) Ohio Valley or a designated
representative.

DATES: This rule is effective and will be enforced through actual
notice from 10:00 p.m. through 10:30 p.m. on June 27, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0198]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Cody Robinson, U.S. Coast Guard; telephone
502-779-5347, email<EMAIL_ADDRESS>If you have questions on
viewing or submitting material to the docket, call Cheryl F. Collins,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

APA Administrative Procedures Act
BNM Broadcast Notice to Mariners
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
MM Mile Marker
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule. Providing a full 30 days notice is
unnecessary and contrary to the public interest as it would delay the
effectiveness of the temporary safety zone until after the planned
fireworks event. Immediate action is needed to protect vessels and
mariners from the safety hazards associated with aerial fireworks
displays over a waterway when large concentrations of spectators and
vessel traffic are expected. The Coast Guard will give actual notice to
the public and maritime community that the safety zone will be in
effect and of the enforcement period via broadcast notices to mariners
(BNM).
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Immediate action is needed to
protect vessels and mariners from the safety hazards associated with
aerial fireworks displays over a waterway when large concentrations of
spectators are expected. The Coast Guard will give actual notice to the
public and maritime community that the safety zone will be in effect
and of the enforcement period via BNM.

B. Basis and Purpose

    The legal basis and authorities for this rule are found in 33
U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Department of Homeland Security Delegation No. 0170.1 which
collectively authorize the Coast Guard to establish and define safety
zones.
    The purpose of this safety zone is to protect life and property
from the hazards associated with and resulting from the Riverview Park
Independence Festival firework display. The rule is necessary due to
significant safety hazards associated with an aerial fireworks display
over the waterway

when a large concentration of spectators and vessel traffic are
expected. Establishing the safety zone to extend from mile 618.5 to
mile 619.5 on the Ohio River is necessary for the Coast Guard to
maintain navigational safety on the river.

C. Discussion of the Temporary Final Rule

    The Coast Guard is establishing a temporary safety zone on the Ohio
River between mile 618.5 and mile 619.5, extending the entire width of
the Ohio River. Transit into and through this area is prohibited
beginning at 10:00 p.m. through 10:30 p.m. on June 27, 2015 or until
the Riverview Park Independence Festival firework display has
concluded, whichever occurs earlier. Deviation from this temporary
safety zone is prohibited unless specifically authorized by the COTP
Ohio Valley, or a designated representative. Deviation requests will be
considered and reviewed on a case-by-case basis. The COTP Ohio Valley
may be contacted by telephone at 1-800-253-7465 or can be reached by
VHF-FM channel 16.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. This rule establishes a
temporary safety zone for vessels on all waters of the Ohio River from
mile 618.5 to mile 619.5. The safety zone will be established for less
than one hour. Due to the limited scope and short duration of the
temporary safety zone, the impacts on routine navigation are expected
to be minimal.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The Coast Guard
certifies under 5 U.S.C. 605(b) that this rule will not have a
significant economic impact on a substantial number of small entities.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not
have a significant economic impact on a substantial number of small
entities.
    This rule will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
the Ohio River, from 10:00 p.m. to 10:30 p.m. on June 27, 2015. This
temporary safety zone will not have a significant economic impact on a
substantial number of small entities due to its limited scope and short
duration. Additionally, requests to deviate from the rule will be
considered on a case-by-case basis. Notifications to the marine
community will be made through BNM, local notice to mariners, and
communications with local waterway users. Notices of changes to the
safety zone and effective times will also be made.

3. Assistance for Small Entities

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

4. Collection of Information

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

5. Federalism

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

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

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

responsibilities between the Federal Government and Indian tribes.

12. Energy Effects

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

13. Technical Standards

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

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule is categorically excluded from further review
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction.
Because this safety zone is established in response to a temporary
situation and is less than one week in duration, an environmental
analysis checklist and a categorical exclusion determination are not
required.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. A new temporary Sec.  165.T08-0198 is added to read as follows:

Sec.  165.T08-0198  Safety Zone; Ohio River between mile 618.5 and mile
619.5, Louisville, KY.

    (a) Location. The following area is a safety zone: All waters of
the Ohio River between mile 618.5 and mile 619.5, Louisville, KY,
extending the entire width of the Ohio River.
    (b) Effective dates. This safety zone is effective and will be
enforced through actual notice from 10:00 p.m. through 10:30 p.m. on
June 27, 2015.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23, entry into this zone is prohibited unless authorized by
the Captain of the Port (COTP) Ohio Valley or a designated
representative.
    (2) Persons or vessels desiring to enter into or pass through the
zone must request permission from the COTP Ohio Valley or a designated
representative. They may be contacted on VHF-FM channel 16 or by
telephone at 1-800-253-7465.
    (3) If permission is granted, all persons and vessels shall comply
with the instructions of the COTP Ohio Valley or designated
representative.
    (d) Informational broadcasts. The COTP Ohio Valley or a designated
representative will inform the public through broadcast notices to
mariners of the enforcement period for the temporary safety zone as
well as any changes in the dates and times of enforcement.

    Dated: June 9, 2015.
R.V. Timme,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2015-15932 Filed 6-26-15; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 87, Number 132 (Tuesday, July 12, 2022)]
[Notices]
[Page 41309]
[FR Doc No: 2022-14802]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP22-21-000; Docket No. CP22-22-000]

Venture Global CP2 LNG, LLC; Venture Global CP Express, LLC;
Notice Suspending Environmental Review Schedule of the Proposed CP2 LNG
and CP EXPRESS PROJECTS

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) is suspending the environmental review schedule of the CP2
LNG and CP Express Projects (Projects) involving construction and
operation of facilities by Venture Global CP2 LNG, LLC (CP2 LNG) and
Venture Global CP Express, LLC (CP Express) in Jasper and Newton
Counties, Texas, and Calcasieu and Cameron Parishes, Louisiana. The
notice of schedule, issued on February 9, 2022, identified a July 2022
draft Environmental Impact Statement (EIS) issuance date and a February
10, 2023 final EIS date. This schedule was based upon CP2 LNG and CP
Express providing complete and timely responses to any data requests.
Environmental or engineering data requests were issued on February 11,
April 11, April 14, and May 11, 2022. CP2 LNG and CP Express responded
partially to these data requests on March 3, March 11, March 31, April
22, May 2, May 4, May 20, May 31, June 10, and June 30, 2022. A number
of responses to data requests remain outstanding and/or are deficient,
including the following, which are integral to the development of the
draft EIS:

------------------------------------------------------------------------
  Examples of necessary information for    Date to be provided according
                draft EIS                   to CP2 LNG and CP  express
------------------------------------------------------------------------
Process Hazard Analysis.................  August 1, 2022.
Hazard Analysis Report..................  August 1, 2022.
Building Siting Analysis................  August 1, 2022.
Carbon Capture and Sequestration........  September 1, 2022.
Details on LNG Sendout Lines (pipe-in-    September 1, 2022.
 pipe, including under a waterway).
Noise Impact Analyses...................  (no date provided).
Cumulative Impacts using the recommended  (no date provided).
 appropriate geographic scope.
Non-Jurisdictional Facilities...........  (no date provided).
Draft Beneficial Use Dredged Material     (no date provided).
 Plan.
Draft Biological Assessment.............  (no date provided).
Air Dispersion Modeling.................  (no date provided).
------------------------------------------------------------------------

    As stated in our data requests, complete responses to these
information requests within the time frame requested was necessary to
maintain the published schedule for issuance of the EIS. CP2 LNG and CP
Express have indicated in its responses to staff data requests that
certain information would not be provided in time for staff to evaluate
the responses and complete the analysis required for the draft EIS.
Because there are still a number of outstanding responses to staff's
environmental and engineering data requests, FERC staff are no longer
able to complete the draft EIS as scheduled.
    Therefore, the Commission will suspend the environmental review
schedule for the Projects. Once CP2 LNG and CP Express provide the
outstanding information or a schedule for when all substantive
responses would be provided, the Commission will issue a revised
schedule for the draft and final EIS. This is not a suspension of the
Commission staff's review of the CP2 LNG and CP Express' Projects.
Staff will continue to process CP2 LNG and CP Express' proposal to the
extent possible based upon the information filed to date while awaiting
the remaining data responses.

Additional Information

    Additional information about the Projects are available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC website at www.ferc.gov using the eLibrary link. Click on the
eLibrary link, click on ``General Search'' and enter the docket number
in the ``Docket Number'' field, excluding the last three digits (i.e.,
CP22-21 and CP22-22). Be sure you have selected an appropriate date
range. For assistance, please contact FERC Online Support at
[email protected] or<PHONE_NUMBER>, or for TTY, contact (202)
502-8659. The eLibrary link also provides access to the texts of all
formal documents issued by the Commission, such as orders, notices, and
rulemakings.
    Public sessions or site visits will be posted on the Commission's
calendar located at https://www.ferc.gov/news-events/events along with
other related information.

    Dated: July 6, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-14802 Filed 7-11-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 117 (Friday, June 17, 2016)]
[Notices]
[Pages 39653-39672]
[FR Doc No: 2016-14380]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-N-1486]

Authorizations of Emergency Use of In Vitro Diagnostic Devices
for Detection of Zika Virus; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the
issuance of two Emergency Use Authorizations (EUAs) (the
Authorizations) for two in vitro diagnostic devices for detection of
Zika virus in response to the Zika virus outbreak in the Americas. FDA
issued these Authorizations under the Federal Food, Drug, and Cosmetic
Act (the FD&C Act), as requested by Focus Diagnostics, Inc., and altona
Diagnostics GmbH. The Authorizations contain,

among other things, conditions on the emergency use of the authorized
in vitro diagnostic devices. The Authorizations follow the February 26,
2016, determination by the Department of Health and Human Services
(HHS) Secretary that there is a significant potential for a public
health emergency that has a significant potential to affect national
security or the health and security of U.S. citizens living abroad and
that involves Zika virus. On the basis of such determination, the HHS
Secretary declared on February 26, 2016, that circumstances exist
justifying the authorization of emergency use of in vitro diagnostic
tests for detection of Zika virus and/or diagnosis of Zika virus
infection subject to the terms of any authorization issued under the
FD&C Act. The Authorizations, which include explanations of the reasons
for issuance, are reprinted in this document.

DATES: The Authorization for Focus Diagnostics, Inc., is effective as
of April 28, 2016, and the Authorization for altona Diagnostics GmbH is
effective as of May 13, 2016.

ADDRESSES: Submit written requests for single copies of the EUAs to the
Office of Counterterrorism and Emerging Threats, Food and Drug
Administration, 10903 New Hampshire Ave., Bldg. 1, Rm. 4338, Silver
Spring, MD 20993-0002. Send one self-addressed adhesive label to assist
that office in processing your request or include a fax number to which
the Authorizations may be sent. See the SUPPLEMENTARY INFORMATION
section for electronic access to the Authorizations.

FOR FURTHER INFORMATION CONTACT: Carmen Maher, Office of
Counterterrorism and Emerging Threats, Food and Drug Administration,
10903 New Hampshire Ave., Bldg. 1, Rm. 4347, Silver Spring, MD 20993-
0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 564 of the FD&C Act (21 U.S.C. 360bbb-3) as amended by the
Project BioShield Act of 2004 (Pub. L. 108-276) and the Pandemic and
All-Hazards Preparedness Reauthorization Act of 2013 (Pub. L. 113-5)
allows FDA to strengthen the public health protections against
biological, chemical, nuclear, and radiological agents. Among other
things, section 564 of the FD&C Act allows FDA to authorize the use of
an unapproved medical product or an unapproved use of an approved
medical product in certain situations. With this EUA authority, FDA can
help assure that medical countermeasures may be used in emergencies to
diagnose, treat, or prevent serious or life-threatening diseases or
conditions caused by biological, chemical, nuclear, or radiological
agents when there are no adequate, approved, and available
alternatives.
    Section 564(b)(1) of the FD&C Act provides that, before an EUA may
be issued, the Secretary of HHS must declare that circumstances exist
justifying the authorization based on one of the following grounds: (1)
A determination by the Secretary of Homeland Security that there is a
domestic emergency, or a significant potential for a domestic
emergency, involving a heightened risk of attack with a biological,
chemical, radiological, or nuclear agent or agents; (2) a determination
by the Secretary of Defense that there is a military emergency, or a
significant potential for a military emergency, involving a heightened
risk to U.S. military forces of attack with a biological, chemical,
radiological, or nuclear agent or agents; (3) a determination by the
Secretary of HHS that there is a public health emergency, or a
significant potential for a public health emergency, that affects, or
has a significant potential to affect, national security or the health
and security of U.S. citizens living abroad, and that involves a
biological, chemical, radiological, or nuclear agent or agents, or a
disease or condition that may be attributable to such agent or agents;
or (4) the identification of a material threat by the Secretary of
Homeland Security under section 319F-2 of the Public Health Service
(PHS) Act (42 U.S.C. 247d-6b) sufficient to affect national security or
the health and security of U.S. citizens living abroad.
    Once the Secretary of HHS has declared that circumstances exist
justifying an authorization under section 564 of the FD&C Act, FDA may
authorize the emergency use of a drug, device, or biological product if
the Agency concludes that the statutory criteria are satisfied. Under
section 564(h)(1) of the FD&C Act, FDA is required to publish in the
Federal Register a notice of each authorization, and each termination
or revocation of an authorization, and an explanation of the reasons
for the action. Section 564 of the FD&C Act permits FDA to authorize
the introduction into interstate commerce of a drug, device, or
biological product intended for use when the Secretary of HHS has
declared that circumstances exist justifying the authorization of
emergency use. Products appropriate for emergency use may include
products and uses that are not approved, cleared, or licensed under
sections 505, 510(k), or 515 of the FD&C Act (21 U.S.C. 355, 360(k),
and 360e) or section 351 of the PHS Act (42 U.S.C. 262). FDA may issue
an EUA only if, after consultation with the HHS Assistant Secretary for
Preparedness and Response, the Director of the National Institutes of
Health, and the Director of the Centers for Disease Control and
Prevention (to the extent feasible and appropriate given the applicable
circumstances), FDA \1\ concludes: (1) That an agent referred to in a
declaration of emergency or threat can cause a serious or life-
threatening disease or condition; (2) that, based on the totality of
scientific evidence available to FDA, including data from adequate and
well-controlled clinical trials, if available, it is reasonable to
believe that: (A) The product may be effective in diagnosing, treating,
or preventing (i) such disease or condition; or (ii) a serious or life-
threatening disease or condition caused by a product authorized under
section 564, approved or cleared under the FD&C Act, or licensed under
section 351 of the PHS Act, for diagnosing, treating, or preventing
such a disease or condition caused by such an agent; and (B) the known
and potential benefits of the product, when used to diagnose, prevent,
or treat such disease or condition, outweigh the known and potential
risks of the product, taking into consideration the material threat
posed by the agent or agents identified in a declaration under section
564(b)(1)(D) of the FD&C Act, if applicable; (3) that there is no
adequate, approved, and available alternative to the product for
diagnosing, preventing, or treating such disease or condition; and (4)
that such other criteria as may be prescribed by regulation are
satisfied.
---------------------------------------------------------------------------

    \1\ The Secretary of HHS has delegated the authority to issue an
EUA under section 564 of the FD&C Act to the Commissioner of Food
and Drugs.
---------------------------------------------------------------------------

    No other criteria for issuance have been prescribed by regulation
under section 564(c)(4) of the FD&C Act. Because the statute is self-
executing, regulations or guidance are not required for FDA to
implement the EUA authority.

II. EUA Requests for In Vitro Diagnostic Devices for Detection of Zika
Virus

    On February 26, 2016, the Secretary of HHS determined that there is
a significant potential for a public health emergency that has a
significant potential to affect national security or the health and
security of U.S. citizens living abroad and that involves Zika virus.
On February 26, 2016, under section 564(b)(1) of the FD&C Act, and on
the basis of such determination, the

Secretary of HHS declared that circumstances exist justifying the
authorization of emergency use of in vitro diagnostic tests for
detection of Zika virus and/or diagnosis of Zika virus infection,
subject to the terms of any authorization issued under section 564 of
the FD&C Act. Notice of the determination and declaration of the
Secretary was published in the Federal Register on March 2, 2016 (81 FR
10878). On April 26, 2016, Focus Diagnostics, Inc., requested, and on
April 28, 2016, FDA issued, an EUA for the Zika Virus RNA Qualitative
Real-Time RT-PCR test, subject to the terms of the Authorization. On
May 11, 2016, altona Diagnostics GmbH requested, and on May 13, 2016,
FDA issued, an EUA for the RealStar[supreg] Zika Virus RT-PCR Kit U.S.,
subject to the terms of the Authorization.

III. Electronic Access

    An electronic version of this document and the full text of the
Authorizations are available on the Internet at http://www.regulations.gov.

IV. The Authorizations

    Having concluded that the criteria for issuance of the
Authorizations under section 564(c) of the FD&C Act are met, FDA has
authorized the emergency use of two in vitro diagnostic devices for
detection of Zika virus subject to the terms of the Authorizations. The
Authorizations in their entirety (not including the authorized versions
of the fact sheets and other written materials) follow and provide
explanations of the reasons for their issuance, as required by section
564(h)(1) of the FD&C Act.
BILLING CODE 4164-01-P

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[GRAPHIC] [TIFF OMITTED] TN17JN16.023

    Dated: June 13, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-14380 Filed 6-16-16; 8:45 am]
 BILLING CODE 4164-01-C


Limetree Bay monitoring proposal
EPA reviewed the Limetree Bay Terminals and Refining Environmental Justice Analysis Modeling Report dated June 2019.  EPA is proposing the following monitoring requirements based on the information provided in the report and previous HOVENSA monitoring activities.
SO2 Monitoring
 Operate and maintain SO2 ambient air monitoring stations at 5 locations.  4 of these stations were formerly operated by HOVENSA.  A new station should be located in the approximate area of highest SO2, NO2, and PM2.5 modeled concentrations.  The new station is named "PEAK" in the tables and figures that follow.   All the stations should continuously monitor for SO2.
                         EJ Modeling Report Station #
                                    Address
                                      Lat
                                      Lon
                                       1
                       WEST GATE MARTIN MARIETTA ALUMINA
                                    17.7050
                                   -64.7801
                                       3
                         PLOT 25, ESTATE CLIFTON HILL
                                    17.7205
                                   -64.7763
                                       4
                          PLOT 487 ESTATE BARREN SPOT
                                    17.7325
                                   -64.7829
                                       5
                             PLOT 214 ESTATE RUBY
                                    17.7397
                                   -64.7515
                                     PEAK

                                    17.7206
                                   -64.7537

NO2 Monitoring
 Operate and maintain NO2 ambient air monitoring at 2 locations.  The stations should continuously monitor for NO2.
                         EJ Modeling Report Station #
                                    Address
                                      Lat
                                      Lon
                                       1
                       WEST GATE MARTIN MARIETTA ALUMINA
                                    17.7050
                                   -64.7801
                                     PEAK

                                    17.7206
                                   -64.7537

PM2.5 Monitoring
 Operate and maintain PM2.5 ambient air monitoring at 1 location.  The station should continuously monitor for PM2.5.
                         EJ Modeling Report Station #
                                    Address
                                      Lat
                                      Lon
                                     PEAK

                                    17.7206
                                   -64.7537

Locations of Monitoring Stations
Figure 1 shows the approximate locations of proposed monitoring sites.  The figure is a modified version of a figure included in the Limetree Bay Terminals and Refining Environmental Justice Analysis Modeling Report.  The location marked off with a "P" indicates the area where modeled peak concentrations of SO2, NO2, and PM2.5 were identified.

Figure 1 Proposed ambient air monitoring stations
Monitoring Data
 Monitoring data should be uploaded into EPA's Air Quality System (AQS)
Meteorological Tower
 Operate and maintain a meteorological tower.  The meteorological tower can be located at one of the monitoring sites or at an individual site such as the former Cottage Meteorological Station.


[Federal Register: December 23, 2005 (Volume 70, Number 246)]
[Rules and Regulations]
[Page 76165-76168]
[DOCID:fr23de05-9]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R03-OAR-2005-VA-0007; FRL-8012-2]

Approval and Promulgation of Air Quality Implementation Plans;
Virginia; Redesignation of the City of Fredericksburg, Spotsylvania
County, and Stafford County Ozone Nonattainment Area to Attainment and
Approval of the Area's Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is approving a redesignation request and a State
Implementation Plan (SIP) revision submitted by the Commonwealth of
Virginia. The Virginia Department of Environmental Quality (VADEQ) is
requesting that the City of Fredericksburg, Spotsylvania County, and
Stafford County (the Fredericksburg area) be redesignated as attainment
for the 8-hour ozone national ambient air quality standard (NAAQS). In
conjunction with its redesignation request, the Commonwealth submitted
a SIP revision consisting of a maintenance plan for the Fredericksburg
area that provides for continued attainment of the 8-hour ozone NAAQS
for the next 10 years. EPA is also approving the adequacy determination
for the motor vehicle emission budgets (MVEBs) that are identified in
the 8-hour maintenance plan for the Fredericksburg area for purposes of
transportation conformity, and is approving those MVEBs. EPA is
approving the redesignation request and the maintenance plan revision
to the Virginia SIP in accordance with the requirements of the CAA.

DATES: Effective Date: This final rule is effective on January 23,
2006.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2005-VA-0007. All documents in the docket are listed
in the http://www.regulations.gov Web site. Although listed in the

electronic docket, some information is not publicly available, i.e.,
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through http://www.regulations.gov
 or in hard copy for public inspection during normal

business hours at the Air Protection Division, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103. Copies of the State submittal are available at the
Virginia Department of Environmental Quality, 629 East Main Street,
Richmond, Virginia 23219.

FOR FURTHER INFORMATION CONTACT: Amy Caprio,<PHONE_NUMBER>, or by e-
mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On September 12, 2005 (70 FR 53746), EPA proposed approval of a
redesignation request and maintenance plan submitted by the
Commonwealth of Virginia for the Fredericksburg area. On September 30,
2005 (70 FR 57238), EPA withdrew the September 12, 2005 proposed rule.
    On November 2, 2005 (70 FR 66316), EPA published a notice of
proposed rulemaking (NPR) for the Commonwealth of Virginia. The NPR
proposed approval of both Virginia's redesignation request and a SIP
revision that establishes a maintenance plan for the Fredericksburg
area that sets forth how the Fredericksburg area will maintain
attainment of the 8-hour ozone NAAQS for the next 10 years. The formal
SIP revision was submitted by the VADEQ on May 2, 2005 and May 4, 2005.
Other specific requirements of Virginia's redesignation request SIP
revision for the maintenance plan, and the rationale for EPA's proposed
action are explained in the NPR and will not be restated here. No
public comments were received on the NPR.

II. General Information Pertaining to SIP Submittals From the
Commonwealth of Virginia

    In 1995, Virginia adopted legislation that provides, subject to
certain conditions, for an environmental assessment (audit)
``privilege'' for voluntary compliance evaluations performed by a
regulated entity. The legislation further addresses the relative burden
of proof for parties either asserting the privilege or seeking
disclosure of documents for which the privilege is claimed. Virginia's
legislation also provides, subject to certain conditions, for a penalty
waiver for violations of environmental laws when a regulated entity
discovers such violations pursuant to a voluntary compliance evaluation
and voluntarily discloses such violations to the Commonwealth and takes
prompt and appropriate measures to remedy the violations. Virginia's
Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1-
1198, provides a privilege that protects from disclosure documents and
information about the content of those documents that are the product
of a voluntary environmental assessment. The Privilege Law does not
extend to documents or information (1) that are generated or developed
before the commencement of a voluntary environmental assessment; (2)
that are prepared independently of the assessment process; (3) that
demonstrate a clear, imminent and substantial danger to the public
health or environment; or (4) that are required by law.
    On January 12, 1998, the Commonwealth of Virginia Office of the
Attorney General provided a legal opinion that states that the
Privilege law, Va. Code Sec. 10.1-1198, precludes granting a privilege
to documents and information ``required by law,''

including documents and information ``required by Federal law to
maintain program delegation, authorization or approval,'' since
Virginia must ``enforce Federally authorized environmental programs in
a manner that is no less stringent than their Federal counterparts * *
*.'' The opinion concludes that ``[r]egarding Sec.  10.1-1198,
therefore, documents or other information needed for civil or criminal
enforcement under one of these programs could not be privileged because
such documents and information are essential to pursuing enforcement in
a manner required by Federal law to maintain program delegation,
authorization or approval.''
    Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that
``[t]o the extent consistent with requirements imposed by Federal
law,'' any person making a voluntary disclosure of information to a
state agency regarding a violation of an environmental statute,
regulation, permit, or administrative order is granted immunity from
administrative or civil penalty. The Attorney General's January 12,
1998 opinion states that the quoted language renders this statute
inapplicable to enforcement of any Federally authorized programs, since
``no immunity could be afforded from administrative, civil, or criminal
penalties because granting such immunity would not be consistent with
Federal law, which is one of the criteria for immunity.''
    Therefore, EPA has determined that Virginia's Privilege and
Immunity statutes will not preclude the Commonwealth from enforcing its
program consistent with the Federal requirements. In any event, because
EPA has also determined that a state audit privilege and immunity law
can affect only state enforcement and cannot have any impact on Federal
enforcement authorities, EPA may at any time invoke its authority under
the Clean Air Act, including, for example, sections 113, 167, 205, 211
or 213, to enforce the requirements or prohibitions of the state plan,
independently of any state enforcement effort. In addition, citizen
enforcement under section 304 of the Clean Air Act is likewise
unaffected by this, or any, state audit privilege or immunity law.

III. Final Action

    EPA is approving the Commonwealth of Virginia's May 2, 2005
redesignation request and May 4, 2005 maintenance plan because the
requirements for approval have been satisfied. EPA has evaluated
Virginia's redesignation request, submitted on May 2, 2005, and
determined that it meets the redesignation criteria set forth in
section 107(d)(3)(E) of the CAA. EPA believes that the redesignation
request and monitoring data demonstrate that the Fredericksburg area
has attained the 8-hour ozone standard. The final approval of this
redesignation request will change the designation of the Fredericksburg
area from nonattainment to attainment for the 8-hour ozone standard.
EPA is approving the associated maintenance plan for this area,
submitted on May 4, 2005, as a revision to the Virginia SIP. EPA is
approving the maintenance plan for the Fredericksburg area because it
meets the requirements of section 175A. EPA is also approving the MVEBs
submitted by Virginia for this area in conjunction with its
redesignation request. The Fredericksburg area is subject to the CAA's
requirements for moderate ozone nonattainment areas until and unless it
is redesignated to attainment.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)). This
action merely approves state law as meeting Federal requirements and
imposes no additional requirements beyond those imposed by state law.
Redesignation of an area to attainment under section 107(d)(3)(e) of
the Clean Air Act does not impose any new requirements on small
entities. Redesignation is an action that affects the status of a
geographical area and does not impose any new regulatory requirements
on sources. Accordingly, the Administrator certifies that this rule
will not have a significant economic impact on a substantial number of
small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.). Because this rule approves pre-existing requirements under state
law and does not impose any additional enforceable duty beyond that
required by state law, it does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). This rule also
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, as specified by Executive Order
13175 (65 FR 67249, November 9, 2000), nor will it have substantial
direct effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it
merely proposes to affect the status of a geographical area, does not
impose any new requirements on sources, or allow the state to avoid
adopting or implementing other requirements, and does not alter the
relationship or the distribution of power and responsibilities
established in the Clean Air Act. This rule also is not subject to
Executive Order 13045 (62 FR 19885, April 23, 1997), because it is not
economically significant.
    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Redesignation is an
action that affects the status of a geographical area and does not
impose any new requirements on sources. Thus, the requirements of
section 12(d) of the National Technology Transfer and Advancement Act
of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 of
Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this
rule, EPA has taken the necessary steps to eliminate drafting errors
and ambiguity, minimize potential litigation, and provide a clear legal
standard for affected conduct. EPA has complied with Executive Order
12630 (53 FR 8859, March 15, 1988) by examining the takings
implications of the rule in accordance with the ``Attorney General's
Supplemental Guidelines for the Evaluation of Risk and Avoidance of
Unanticipated Takings'' issued under the executive order.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a

copy of the rule, to each House of the Congress and to the Comptroller
General of the United States. EPA will submit a report containing this
rule and other required information to the U.S. Senate, the U.S. House
of Representatives, and the Comptroller General of the United States
prior to publication of the rule in the Federal Register. This rule is
not a ``major rule'' as defined by 5 U.S.C. 804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by February 21, 2006. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action.
    This action, to approve the redesignation request, maintenance plan
and adequacy determination for MVEBs for the Fredericksburg area, may
not be challenged later in proceedings to enforce its requirements.
(See section 307(b)(2).)

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental
relations, Ozone, Nitrogen dioxide, Reporting and recordkeeping
requirements, Volatile organic compounds.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks,
Wilderness areas.

    Dated: December 13, 2005.
Donald S. Welsh,
Regional Administrator, Region III.

0
40 CFR parts 52 and 81 are amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart VV--Virginia

0
2. In Sec.  52.2420, the table in paragraph (e) is amended by adding an
entry for the 8-Hour Ozone Maintenance Plan, Fredericksburg, VA Area at
the end of the table to read as follows:

Sec.  52.2420  Identification of plan.

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
   Name of non-regulatory SIP     Applicable geographic        State                              Additional
            revision                       area           submittal date   EPA approval date      explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
8-Hour Ozone Maintenance Plan    City of Fredericksburg,          5/4/05  12/23/05 [Insert
 for the Fredericksburg VA Area.  Spotsylvania County,                     page number where
                                  and Stafford County.                     the document
                                                                           begins].
----------------------------------------------------------------------------------------------------------------

PART 81--[AMENDED]

0
1. The authority citation for Part 81 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

0
2. Section 81.347 is amended by revising the ozone table entry for the
Fredericksburg, VA Area to read as follows:

Sec.  81.347  Virginia.

* * * * *

                                        Virginia--Ozone (8-Hour Standard)
----------------------------------------------------------------------------------------------------------------
                                                 Designation \a\                      Category/classification
        Designated area        ---------------------------------------------------------------------------------
                                   Date \1\                   Type                   Date \1\          Type
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Fredericksburg, VA Area:
    City of Fredericksburg....        12/23/05  Attainment......................
    Spotsylvania County.......        12/23/05  Attainment......................
    Stafford County...........        12/23/05  Attainment......................

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.

[FR Doc. 05-24363 Filed 12-22-05; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 75, Number 248 (Tuesday, December 28, 2010)]
[Rules and Regulations]
[Pages 81437-81438]
[FR Doc No: 2010-32570]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2010-0769; Airspace Docket No. 10-ACE-9]

Amendment of Class E Airspace; Farmington, MO

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class E airspace at Farmington, MO, to
accommodate new Area Navigation (RNAV) Standard Instrument Approach
Procedures (SIAP) at Farmington Regional Airport, Farmington, MO. The
FAA is taking this action to enhance the safety and management of
Instrument Flight Rule (IFR) operations at the airport.

DATES: Effective date: 0901 UTC, March 10, 2011. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone (817) 321-
7716.

SUPPLEMENTARY INFORMATION:

History

    On October 21, 2010, the FAA published in the Federal Register a
notice of proposed rulemaking to amend Class E airspace for Farmington,
MO, creating additional controlled airspace at Farmington Regional
Airport (75 FR 64969), Docket No. FAA-2010-0769. Interested parties
were invited to participate in this rulemaking effort by submitting
written comments on the proposal to the FAA. No comments were received.
Class E airspace designations are published in paragraph 6005 of FAA
Order 7400.9U dated August 18, 2010, and effective September 15, 2010,
which is incorporated by reference in 14 CFR 71.1. The Class E airspace
designations listed in this document will be published subsequently in
the Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
part 71 by amending Class E airspace extending upward from 700 feet
above the surface to accommodate SIAPs at Farmington Regional Airport,
Farmington, MO. This action is necessary for the safety and management
of IFR operations at the airport.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation: (1) Is not a ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, Section 106, describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
subtitle VII, part A, subpart I, section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends controlled airspace at Farmington Regional Airport,
Farmington, MO.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9U, Airspace Designations and
Reporting Points, dated August 18, 2010, and effective September 15,
2010, is amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface.

* * * * *

ACE MO E5 Farmington, MO [Amended]

Farmington Regional Airport, MO
    (Lat. 37[deg]45'40'' N., long. 90[deg]25'43'' W.)
Farmington VORTAC
    (Lat. 37[deg]40'24'' N., long. 90[deg]14'03'' W.)
Perrine NDB
    (Lat. 37[deg]45'50'' N., long. 90[deg]25'43'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of Farmington Regional Airport, and within
4 miles each side of the 204[deg] bearing from the airport extending
from the 6.4-mile radius to 11.5 miles southwest of the airport, and
within 2.6 miles each side of the 034[deg] bearing from the Perrine
NDB extending from the 6.4-mile radius to 7.9 miles northeast of the
airport, and within 1.3 miles each side of the Farmington VORTAC
300[deg] radial extending from the 6.4-mile radius of the airport to
the VORTAC.

    Issued in Fort Worth, Texas, on December 15, 2010.
Walter L. Tweedy,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2010-32570 Filed 12-27-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 235 (Friday, December 6, 2019)]
[Notices]
[Page 66895]
[FR Doc No: 2019-26343]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14989-000]

Pumped Hydro Storage LLC; Notice of Preliminary Permit
Application Accepted for Filing and Soliciting Comments, Motions To
Intervene, and Competing Applications

    On October 8, 2019, Pumped Hydro Storage LLC filed an application
for a preliminary permit, pursuant to section 4(f) of the Federal Power
Act (FPA), proposing to study the feasibility of the Montezuma Pumped
Storage Project (Montezuma Project or project) to be located near
Maricopa, Pinal County, Arizona. The sole purpose of a preliminary
permit, if issued, is to grant the permit holder priority to file a
license application during the permit term. A preliminary permit does
not authorize the permit holder to perform any land-disturbing
activities or otherwise enter upon lands or waters owned by others
without the owners' express permission.
    The proposed project would consist of the following: (1) A new
rockfill, concrete-face impoundment, 3,000 feet by 110 feet creating an
upper reservoir with a maximum elevation of 3,000 feet above mean sea
level (MSL), and a usable storage capacity of 9,500 acre-feet; (2) a
new rockfill, concrete-face impoundment, 4,000 feet by 130 feet
creating a lower reservoir with a maximum elevation of 1,350 feet MSL,
and a usable storage capacity of 9,500 acre-feet; (3) two 32-foot-
diameter, 7,000-foot-long reinforced concrete penstocks; (4) a
powerhouse constructed of reinforced concrete with approximate
dimensions of 900 feet by 150 feet and 150 feet high, and containing
six turbine-generator units with a total installed capacity of 2100
megawatts; (5) a tailrace constructed of reinforced concrete with
approximate dimensions of 1,200 feet by 50 feet by 50 feet; (6) a 500-
kilovolt substation; (7) a 500-kilovolt, 11-mile-long transmission
line; (8) a 500-kilovolt, 8-mile-long transmission line; (9) one 24-
inch-diameter, ductile iron pipe pipeline connecting the project to the
existing City of Phoenix 91st Avenue Wastewater Treatment Plant; (10)
one 24-inch-diameter, ductile iron pipe pipeline connecting the project
to the existing Salt River Project irrigation canal; (11) one 24-inch-
diameter, ductile iron pipe pipeline connecting the project to the
existing Gila River Indian Community irrigation canal; (12) one 24-
inch-diameter, ductile iron pipe pipeline connecting the project to a
new water supply well in Santa Cruz Wash; (13) one steel casing water
supply well in Santa Cruz wash rated at 2,000 gallons-per-minute; (14)
one 1-million-gallon steel overflow tank; (15) six agricultural fields,
2-square-miles in area, that would be irrigated with excess water from
the steel overflow tank; and (16) appurtenant facilities. The proposed
project would produce about 9,600 megawatt hours of energy daily. The
estimated annual generation of the Montezuma Project would be 3,504
gigawatt-hours.
    Applicant Contact: Mr. Steve Irwin, Pumped Hydro Storage LLC, 6514
41st Lane, Phoenix, AZ 85041; phone:<PHONE_NUMBER>.
    FERC Contact: Evan Williams; phone:<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, notices of intent, and competing
applications using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. The first page of any filing should include
docket number P-14804-000.
    More information about this project, including a copy of the
application, can be viewed or printed on the eLibrary link of
Commission's website at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-14989) in the docket number field to access
the document. For assistance, contact FERC Online Support.

    Dated: December 2, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-26343 Filed 12-5-19; 8:45 am]
BILLING CODE 6717-01-P