[Federal Register: August 6, 2008 (Volume 73, Number 152)]
[Notices]
[Page 45757]
[DOCID:fr06au08-58]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. RT01-99-000, etc.]

Regional Transmission Organizations, et al.; Notice

July 31, 2008.

------------------------------------------------------------------------
                                                    Docket No.
------------------------------------------------------------------------
Regional Transmission Organizations....  RT01-99-000, RT01-99-001, RT01-
                                          99-002 and RT01-99-003.
Bangor Hydro-Electric Company, et al...  RT01-86-000, RT01-86-001 and
                                          RT01-86-002.
New York Independent System Operator,    RT01-95-000, RT01-95-001 and
 Inc., et al..                            RT01-95-002.
PJM Interconnection, L.L.C., et al.....  RT01-2-000, RT01-2-001, RT01-2-
                                          002 and RT01-2-003.
PJM Interconnection, L.L.C.............  RT01-98-000.
ISO New England, Inc. New York           RT02-3-000.
 Independent System Operator, Inc..
------------------------------------------------------------------------

Notice

    Take notice that PJM Interconnection, L.L.C., New York Independent
System Operator, Inc. and ISO New England, Inc. have posted on their
internet Web sites information updating their progress on the
resolution of RTO seams.
    Any person desiring to file comments on this information should
file with the Federal Energy Regulatory Commission, 888 First Street,
NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure Docket No. RT01-99-000, et
al.
    (18 CFR 385.211 and 385.214). All such comments should be filed on
or before the comment date. Comments may be filed electronically via
the Internet in lieu of paper; see 18 CFR 385.2001(a)(1)(iii) and the
instructions on the Commission's Web site under the ``e-Filing'' link.
The Commission strongly encourages electronic filings.
    Comment Date: August 21, 2008.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-18005 Filed 8-5-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: August 27, 2010 (Volume 75, Number 166)]
[Notices]
[Page 52768]
[DOCID:fr27au10-75]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-N-0002]

Withdrawal of Approval of New Animal Drug Applications;
Dichlorophene and Toluene Capsules

AGENCY:  Food and Drug Administration, HHS.

ACTION:  Notice.

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SUMMARY:  The Food and Drug Administration (FDA) is withdrawing
approval of two new animal drug applications (NADAs) for use of
dichlorophene and toluene deworming capsules for cats and dogs. In a
final rule published elsewhere in this issue of the Federal Register,
FDA is amending the regulations to remove portions reflecting approval
of these NADAs.

DATES:  Withdrawal of approval is effective September 7, 2010.

FOR FURTHER INFORMATION CONTACT:  John Bartkowiak, Center for
Veterinary Medicine (HFV-212), Food and Drug Administration, 7519
Standish Pl., Rockville, MD 20855,<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Pegasus Laboratories, Inc., 8809 Ely Rd.,
Pensacola, FL 32514 has requested that FDA withdraw approval of NADA
101-497 for TINY TIGER (dichlorophene/toluene) Worming Capsules, NADA
101-498 for LK (dichlorophene/toluene) Worming Capsules because they
are no longer manufactured or marketed.
    Therefore, under authority delegated to the Commissioner of Food
and Drugs and redelegated to the Center for Veterinary Medicine, and in
accordance with Sec.  514.116 Notice of withdrawal of approval of
application (21 CFR 514.116), notice is given that approval of NADAs
101-497 and 101-498, and all supplements and amendments thereto, is
hereby withdrawn, effective September 7, 2010.
    In a final rule published elsewhere in this issue of the Federal
Register, FDA is amending the animal drug regulations to reflect the
withdrawal of approval of these NADAs.

    Dated: August 23, 2010.
Bernadette Dunham,
Director, Center for Veterinary Medicine.
[FR Doc. 2010-21295 Filed 8-26-10; 8:45 am]
BILLING CODE 4160-01-S


[Federal Register Volume 85, Number 195 (Wednesday, October 7, 2020)]
[Notices]
[Page 63351]
[FR Doc No: 2020-22204]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2020-0078]

Notice of Application for Approval of Discontinuance or
Modification of a Railroad Signal System

    Under part 235 of title 49 of the Code of Federal Regulations (CFR)
and 49 U.S.C. 20502(a), this document provides the public notice that
on September 21, 2020, Union Pacific Railroad Company (UPRR) petitioned
the Federal Railroad Administration (FRA) seeking approval to
discontinue or modify a signal system. FRA assigned the petition Docket
Number FRA-2020-0078.

Applicant: Union Pacific Railroad Company, Mr. Neal Hathaway, A.V.P.--
Signal Maintenance & Construction, 1400 Douglas Street, MS/RM 0910,
Omaha, NE 68179

    Specifically, UPRR requests permission to re-classify a portion of
Main Track #2 from yard limits (YL)/automatic block system (ABS) to YL,
between milepost (MP) 2.6 and MP 4.7, allowing the remote control
locomotive (RCL) pullback on Main Track #2 to be extended through Grand
Avenue at Milwaukee Subdivision (Proviso Yard 9) located in Proviso,
Illinois.
    UPRR states that extending YL on Main Track #2 will allow Operating
Practices to pull longer cuts out of the yard, which will in turn help
with congestion and conflict in the yard. RCL Operations would end a
minimum of 290 feet from the track feed for the signal at MP 4.7 on
Main Track #2.
    The current configuration of the 2WT track circuit and the Main
Track Crossover between the current end of ABS Limits and MP 4.7 will
not change with this application.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested parties
desire an opportunity for oral comment and a public hearing, they
should notify FRA, in writing, before the end of the comment period and
specify the basis for their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation (DOT), 1200 New Jersey Ave. SE, W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Ave. SE, Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by November 23, 2020 will be considered by
FRA before final action is taken. Comments received after that date
will be considered if practicable.
    Anyone can search the electronic form of any written communications
and comments received into any of our dockets by the name of the
individual submitting the comment (or signing the document, if
submitted on behalf of an association, business, labor union, etc.).
Under 5 U.S.C. 553(c), DOT solicits comments from the public to better
inform its processes. DOT posts these comments, without edit, including
any personal information the commenter provides, to
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacyNotice for the
privacy notice of regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2020-22204 Filed 10-6-20; 8:45 am]
BILLING CODE 4910-06-P


and transiting the DC SFRA to be properly identified and cleared. This
alternative would affect all airports and aviation-related businesses.
    Conclusion: This alternative is preferred because it balances the
security concerns against the impact on the airports and aviation-
related businesses.
    Alternative 4--Exempt small, slow aircraft--This alternative would
exempt small, piston-driven aircraft. The rationale behind this
alternative is that these aircraft are slower than turbine-driven
aircraft and are much less likely to be a threat. Most general aviation
aircraft fall into this category, and so most aircraft operators would
not be subject to this rule. However, the FAA's air traffic controllers
cannot distinguish between piston-drive and turbine-drive aircraft from
radar or from transponder codes, making this alternative difficult to
enforce, thus having the potential to compromise security.
    Conclusion: This alternative would increase the vulnerability of
and diminish the level of protection now in place to safeguard vital
national assets located within the National Capital Region. This
alternative is rejected because it would compromise the security of
vital national assets and increase their vulnerability. Thus, the FAA
does not consider this to be a significant alternative in accordance
with 5 U.S.C. 603(d).

D. International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39) prohibits Federal
agencies from establishing any standards or engaging in related
activities that create unnecessary obstacles to the foreign commerce of
the United States. Legitimate domestic objectives, such as safety, are
not considered unnecessary obstacles. The statute also requires
consideration of international standards and, where appropriate, that
they be the basis for U.S. standards. The FAA has assessed the
potential effect of this final rule and determined that it will have
only a domestic impact and therefore no effect on international trade.

E. Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement
assessing the effects of any Federal mandate in a proposed or final
agency rule that may result in an expenditure of $100 million or more
(adjusted annually for inflation) in any one year by State, local, and
tribal governments, in the aggregate, or by the private sector; such a
mandate is deemed to be a ``significant regulatory action.'' The FAA
currently uses an inflation-adjusted value of $136.1 million in lieu of
$100 million.
    This final rule does not contain such a mandate. The requirements
of Title II do not apply.

VIII. Executive Order 13132, Federalism

    The FAA has analyzed this final rule under the principles and
criteria of Executive Order 13132, Federalism. The FAA has determined
that this action will not have a substantial direct effect on the
States, or the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, and, therefore, does not have federalism
implications.

IX. Environmental Analysis

    FAA Order 1050.1E identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act in the absence of extraordinary circumstances. The FAA has
determined this rulemaking action qualifies for the

categorical exclusion identified in paragraph 312f and involves no
extraordinary circumstances.

X. Regulations That Significantly Affect Energy Supply, Distribution,
or Use

    The FAA has analyzed this final rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). We have determined that it is not
a ``significant energy action'' under the executive order because,
while it is a ``significant regulatory action'' under Executive Order
12866, it is not likely to have a significant adverse effect on the
supply, distribution, or use of energy.

XI. Availability of Rulemaking Documents

    You can get an electronic copy of rulemaking documents using the
Internet by--
    1. Searching the Federal eRulemaking Portal (http://
www.regulations.gov);
    2. Visiting the FAA's Regulations and Policies Web page at http://
www.faa.gov/regulations_policies/; or
    3. Accessing the Government Printing Office's Web page at http://
www.gpoaccess.gov/fr/index.html.
    You can also get a copy by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue, SW., Washington, DC 20591, or by calling<PHONE_NUMBER>. Make
sure to identify the amendment number or docket number of this
rulemaking.
    Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit
or you may visit http://DocketsInfo.dot.gov.

XII. Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires FAA to comply with small entity requests for information
or advice about compliance with statutes and regulations within its
jurisdiction. If you are a small entity and you have a question
regarding this document, you may contact your local FAA official, or
the person listed under the FOR FURTHER INFORMATION CONTACT heading at
the beginning of the preamble. You can find out more about SBREFA on
the Internet at http://www.faa.gov/regulations_policies/rulemaking/
sbre_act/.

List of Subjects

14 CFR Part 1

    Air transportation.

14 CFR Part 93

    Aircraft flight, Airspace, Aviation safety, Air traffic control,
Aircraft, Airmen, Airports.

The Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
amends parts 1 and 93 of title 14 Code of Federal Regulations (14 CFR
parts 1 and 93) as follows:

PART 1--DEFINITIONS AND ABBREVIATIONS

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

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

0
2. Amend Sec.  1.1 by adding the definition of ``National defense
airspace'' in alphabetical order to read as follows:

Sec.  1.1  General definitions.

* * * * *
    National defense airspace means airspace established by a
regulation prescribed, or an order issued under, 49 U.S.C. 40103(b)(3).
* * * * *

PART 93--SPECIAL AIR TRAFFIC RULES

0
3. The authority citation for part 93 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40106, 40109, 40113, 44502,
44514, 44701, 44719, 46301.

0
4. Add subpart V, consisting of Sec. Sec.  93.331 through 93.345, to
read as follows:
Subpart V--Washington, DC Metropolitan Area Special Flight Rules Area
Sec.
93.331 Purpose and applicability of this subpart.
93.333 Failure to comply with this subpart.
93.335 Definitions.
93.337 Requirements for operating in the DC SFRA.
93.339 Requirements for operating in the DC SFRA, including the DC
FRZ.
93.341 Aircraft operations in the DC FRZ.
93.343 Requirements for aircraft operations to or from College Park
Airport, Potomac Airfield, or Washington Executive/Hyde Field
Airport.
93.345 VFR outbound procedures for fringe airports.

Subpart V--Washington, DC Metropolitan Area Special Flight Rules
Area

Sec.  93.331  Purpose and applicability of this subpart.

    This subpart prescribes special air traffic rules for aircraft
operating in the Washington, DC Metropolitan Area. Because
identification and control of aircraft is required for reasons of
national security, the areas described in this subpart constitute
national defense airspace. The purpose of establishing this area is to
facilitate the tracking of, and communication with, aircraft to deter
persons who would use an aircraft as a weapon, or as a means of
delivering weapons, to conduct an attack on persons, property, or
buildings in the area. This subpart applies to pilots conducting any
type of flight operations in the airspace designated as the Washington,
DC Metropolitan Area Special Flight Rules Area (DC SFRA) (as defined in
Sec.  93.335), which includes the airspace designated as the
Washington, DC Metropolitan Area Flight Restricted Zone (DC FRZ) (as
defined in Sec.  93.335).

Sec.  93.333  Failure to comply with this subpart.

    (a) Any violation. The FAA may take civil enforcement action
against a pilot for violations, whether inadvertent or intentional,
including imposition of civil penalties and suspension or revocation of
airmen's certificates.
    (b) Knowing or willful violations. The DC FRZ and DC SFRA were
established for reasons of national security under the provisions of 49
U.S.C. 40103(b)(3). Areas established by the FAA under that authority
constitute ``national defense airspace'' as that term is used in 49
U.S.C. 46307. In addition to being subject to the provisions of
paragraph (a) of this section, persons who knowingly or willfully
violate national defense airspace established pursuant to 49 U.S.C.
40103(b)(3) may be subject to criminal prosecution.

Sec.  93.335  Definitions.

    For purposes of this subpart--
    DC FRZ flight plan is a flight plan filed for the sole purpose of
complying with the requirements for VFR operations into, out of, and
through the DC FRZ. This flight plan is separate and distinct from a
standard VFR flight plan, and does not include search and rescue
services.
    DC SFRA flight plan is a flight plan filed for the sole purpose of
complying with the requirements for VFR operations into, out of, and
through the DC SFRA. This flight plan is separate and distinct from a
standard VFR flight

plan, and does not include search and rescue services.
    Fringe airports are the following airports located near the outer
boundary of the Washington, DC Metropolitan Area Special Flight Rules
Area: Barnes (MD47), Flying M Farms (MD77), Mountain Road (MD43),
Robinson (MD14), and Skyview (51VA).
    Washington, DC Metropolitan Area Flight Restricted Zone (DC FRZ) is
an area bounded by a line beginning at the Washington VOR/DME (DCA)
311[deg] radial at 15 nautical miles (NM) (Lat. 38[deg]59'31'' N.,
Long. 077[deg]18'30'' W.); then clockwise along the DCA 15 nautical
mile arc to the DCA 002[deg] radial at 15 NM (Lat. 39[deg]06'28'' N.,
Long 077[deg]04'32'' W.); then southeast via a line drawn to the DCA
049[deg] radial at 14 NM (Lat. 39[deg]02'18'' N., Long. 076[deg]50'38''
W.); thence south via a line drawn to the DCA 064[deg] radial at 13 NM
(Lat. 38[deg]59'01'' N., Long. 076[deg]48'32'' W.); thence clockwise
along the 13 NM arc to the DCA 276[deg] radial at 13 NM
(Lat.38[deg]50'53'' N., Long 077[deg]18'48'' W.); thence north to the
point of beginning, excluding the airspace within a one nautical mile
radius of the Freeway Airport, W00, Mitchellville, MD from the surface
up to but not including flight level (FL) 180. The DC FRZ is within and
part of the Washington, DC Metropolitan Area SFRA.
    Washington, DC Metropolitan Area Special Flight Rules Area (DC
SFRA) is an area of airspace over the surface of the earth where the
ready identification, location, and control of aircraft is required in
the interests of national security. Specifically, the DC SFRA is that
airspace, from the surface to, but not including, FL 180, within a 30-
mile radial of Lat. 38[deg]51'34'' N., Long. 077[deg]02'11'' W., or the
DCA VOR/DME. The DC SFRA includes the DC FRZ.

Sec.  93.337  Requirements for operating in the DC SFRA.

    A pilot conducting any type of flight operation in the DC SFRA must
comply with the restrictions listed in this subpart and all special
instructions issued by the FAA in the interest of national security.
Those special instructions may be issued in any manner the FAA
considers appropriate, including a NOTAM. Additionally, a pilot must
comply with all of the applicable requirements of this chapter.

Sec.  93.339  Requirements for operating in the DC SFRA, including the
DC FRZ.

    (a) Except as provided in paragraphs (b) and (c) of this section
and in Sec.  93.345, or unless authorized by Air Traffic Control, no
pilot may operate an aircraft, including an ultralight vehicle or any
civil aircraft or public aircraft, in the DC SFRA, including the DC
FRZ, unless--
    (1) The aircraft is equipped with an operable two-way radio capable
of communicating with Air Traffic Control on appropriate radio
frequencies;
    (2) Before operating an aircraft in the DC SFRA, including the DC
FRZ, the pilot establishes two-way radio communications with the
appropriate Air Traffic Control facility and maintains such
communications while operating the aircraft in the DC SFRA, including
the DC FRZ;
    (3) The aircraft is equipped with an operating automatic altitude
reporting transponder;
    (4) Before operating an aircraft in the DC SFRA, including the DC
FRZ, the pilot obtains and transmits a discrete transponder code from
Air Traffic Control, and the aircraft's transponder continues to
transmit the assigned code while operating within the DC SFRA;
    (5) For VFR operations, the pilot must file and activate a DC FRZ
or DC SFRA flight plan by obtaining a discrete transponder code. The
flight plan is closed upon landing at an airport within the DC SFRA or
when the aircraft exits the DC SFRA;
    (6) Before operating the aircraft into, out of, or through the
Washington, DC Tri-Area Class B Airspace Area, the pilot receives a
specific Air Traffic Control clearance to operate in the Class B
airspace area; and
    (7) Before operating the aircraft into, out of, or through Class D
airspace area that is within the DC SFRA, the pilot complies with Sec.
91.129 of this chapter.
    (b) Paragraph (a)(5) of this section does not apply to operators of
Department of Defense aircraft, law enforcement operations, or
lifeguard or air ambulance operations under an FAA/TSA airspace
authorization, if the flight crew is in contact with Air Traffic
Control and is transmitting an Air Traffic Control-assigned discrete
transponder code.
    (c) When operating an aircraft in the VFR traffic pattern at an
airport within the DC SFRA (but not within the DC FRZ) that does not
have an airport traffic control tower, a pilot must--
    (1) File a DC SFRA flight plan for traffic pattern work;
    (2) Communicate traffic pattern position via the published Common
Traffic Advisory Frequency (CTAF);
    (3) Monitor VHF frequency 121.5 or UHF frequency 243.0, if the
aircraft is suitably equipped;
    (4) Obtain and transmit the Air Traffic Control-assigned discrete
transponder code; and
    (5) When exiting the VFR traffic pattern, comply with paragraphs
(a)(1) through (a)(7) of this section.
    (d) When operating an aircraft in the VFR traffic pattern at an
airport within the DC SFRA (but not within the DC FRZ) that has an
operating airport traffic control tower, a pilot must--
    (1) Before departure or before entering the traffic pattern,
request to remain in the traffic pattern;
    (2) Remain in two-way radio communications with the tower. If the
aircraft is suitably equipped, the pilot must also monitor VHF
frequency 121.5 or UHF frequency 243.0;
    (3) Continuously operate the aircraft transponder on code 1234
unless Air Traffic Control assigns a different code; and
    (4) Before exiting the traffic pattern, comply with paragraphs
(a)(1) through (a)(7) of this section.
    (e) Pilots must transmit the assigned transponder code. No pilot
may use transponder code 1200 while in the DC SFRA.

Sec.  93.341  Aircraft operations in the DC FRZ.

    (a) Except as provided in paragraph (b) of this section, no pilot
may conduct any flight operation under part 91, 101, 103, 105, 125,
133, 135, or 137 of this chapter in the DC FRZ, unless the specific
flight is operating under an FAA/TSA authorization.
    (b) Department of Defense (DOD) operations, law enforcement
operations, and lifeguard or air ambulance operations under an FAA/TSA
airspace authorization are excepted from the prohibition in paragraph
(a) of this section if the pilot is in contact with Air Traffic Control
and operates the aircraft transponder on an Air Traffic Control-
assigned beacon code.
    (c) The following aircraft operations are permitted in the DC FRZ:
    (1) Aircraft operations under the DCA Access Standard Security
Program (DASSP) (49 CFR part 1562) with a Transportation Security
Administration (TSA) flight authorization.
    (2) Law enforcement and other U.S. Federal aircraft operations with
prior FAA approval.
    (3) Foreign-operated military and state aircraft operations with a
State Department-authorized diplomatic clearance, with State Department
notification to the FAA and TSA.
    (4) Federal, State, Federal DOD contract, local government agency
aircraft operations and part 121, 129 or 135 air carrier flights with
TSA-approved full aircraft operator standard security programs/
procedures, if operating with DOD permission and notification to the
FAA and the National

Capital Regional Coordination Center (NCRCC). These flights may land
and depart Andrews Air Force Base, MD, with prior permission, if
required.
    (5) Aircraft operations maintaining radio contact with Air Traffic
Control and continuously transmitting an Air Traffic Control-assigned
discrete transponder code. The pilot must monitor VHF frequency 121.5
or UHF frequency 243.0.
    (d) Before departing from an airport within the DC FRZ, or before
entering the DC FRZ, all aircraft, except DOD, law enforcement, and
lifeguard or air ambulance aircraft operating under an FAA/TSA airspace
authorization must file and activate an IFR or a DC FRZ or a DC SFRA
flight plan and transmit a discrete transponder code assigned by an Air
Traffic Control facility. Aircraft must transmit the discrete
transponder code at all times while in the DC FRZ or DC SFRA.

Sec.  93.343  Requirements for aircraft operations to or from College
Park Airport, Potomac Airfield, or Washington Executive/Hyde Field
Airport.

    (a) A pilot may not operate an aircraft to or from College Park
Airport, MD, Potomac Airfield, MD, or Washington Executive/Hyde Field
Airport, MD unless--
    (1) The aircraft and its crew and passengers comply with security
rules issued by the TSA in 49 CFR part 1562, subpart A;
    (2) Before departing, the pilot files an IFR or DC FRZ or DC SFRA
flight plan with the Washington Hub Flight Service Station (FSS) for
each departure and arrival from/to College Park, Potomac Airfield, and
Washington Executive/Hyde Field airports, whether or not the aircraft
makes an intermediate stop;
    (3) When filing a flight plan with the Washington Hub FSS, the
pilot identifies himself or herself by providing the assigned pilot
identification code. The Washington Hub FSS will accept the flight plan
only after verifying the code; and
    (4) The pilot complies with the applicable IFR or VFR egress
procedures in paragraph (b), (c) or (d) of this section.
    (b) If using IFR procedures, a pilot must--
    (1) Obtain an Air Traffic Control clearance from the Potomac
TRACON; and
    (2) Comply with Air Traffic Control departure instructions from
Washington Executive/Hyde Field, Potomac Airport, or College Park
Airport. The pilot must then proceed on the Air Traffic Control-
assigned course and remain clear of the DC FRZ.
    (c) If using VFR egress procedures, a pilot must--
    (1) Depart as instructed by Air Traffic Control and expect a
heading directly out of the DC FRZ until the pilot establishes two-way
radio communication with Potomac Approach; and
    (2) Operate as assigned by Air Traffic Control until clear of the
DC FRZ, the DC SFRA, and the Class B or Class D airspace area.
    (d) If using VFR ingress procedures, the aircraft must remain
outside the DC SFRA until the pilot establishes communications with Air
Traffic Control and receives authorization for the aircraft to enter
the DC SFRA.
    (e) VFR arrivals:
    (1) If landing at College Park Airport a pilot may receive routing
via the vicinity of Freeway Airport; or
    (2) If landing at Washington Executive/Hyde Field or Potomac
Airport, the pilot may receive routing via the vicinity of Maryland
Airport or the Nottingham VORTAC.

Sec.  93.345  VFR outbound procedures for fringe airports.

    (a) A pilot may depart from a fringe airport as defined in Sec.
93.335 without filing a flight plan or communicating with Air Traffic
Control, unless requested, provided:
    (1) The aircraft's transponder transmits code 1205;
    (2) The pilot exits the DC SFRA by the most direct route before
proceeding on course; and
    (3) The pilot monitors VHF frequency 121.5 or UHF frequency 243.0.
    (b) No pilot may operate an aircraft arriving at a fringe airport
or transit the DC SFRA unless that pilot complies with the DC SFRA
operating procedures in this subpart.

    Issued in Washington, DC, on December 9, 2008.
Robert A. Sturgell,
Acting Administrator.
[FR Doc. E8-29711 Filed 12-15-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 36 (Monday, February 24, 2014)]
[Notices]
[Pages 10138-10139]
[FR Doc No: 2014-03846]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER13-488-002.
    Applicants: Essential Power Rock Springs, LLC, PJM Interconnection,
L.L.C.
    Description: EP Rock Springs submits compliance filing per 1/23/
2014 Order in ER13-488 to be effective 7/1/2013.
    Filed Date: 2/13/14.
    Accession Number: 20140213-5011.
    Comments Due: 5 p.m. ET 3/6/14.

    Docket Numbers: ER13-1556-003.
    Applicants: Entergy Services, Inc.
    Description: ESI Compliance ER13-1556 2-14-2014 to be effective 1/
16/2014.
    Filed Date: 2/14/14.
    Accession Number: 20140214-5035.
    Comments Due: 5 p.m. ET 3/7/14.

    Docket Numbers: ER13-1896-005.
    Applicants: AEP Generation Resources Inc.
    Description: AEP Generation Resources Inc. submits tariff filing
per 35.17(b): AEP Gen Resources MBR Revision Amd to be effective 3/1/
2014.
    Filed Date: 2/14/14.
    Accession Number: 20140214-5129.
    Comments Due: 5 p.m. ET 3/7/14.

    Docket Numbers: ER14-126-002.
    Applicants: Yellow Jacket Energy, LLC.
    Description: Response to Requests for Information, Comment Period
and Confidential Treatment to be effective 12/18/2013.
    Filed Date: 2/14/14.
    Accession Number: 20140214-5068.
    Comments Due: 5 p.m. ET 3/7/14.

    Docket Numbers: ER14-591-001.
    Applicants: Southwest Power Pool, Inc.
    Description: 2635 Lincoln Electric System GIA--Compliance Filing to
be effective 11/26/2013.
    Filed Date: 2/14/14.
    Accession Number: 20140214-5026.
    Comments Due: 5 p.m. ET 3/7/14.

    Docket Numbers: ER14-594-002.
    Applicants: Ohio Power Company.
    Description: Ohio Power Company submits tariff filing per 35.17(b):
Ohio Power MBR Revision Amd to be effective 3/1/2014.
    Filed Date: 2/14/14.
    Accession Number: 20140214-5128.
    Comments Due: 5 p.m. ET 3/7/14.

    Docket Numbers: ER14-859-001.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: 2014--02--13--SPP JOA Amendment 3 amendment filing to
be effective 3/1/2014.
    Filed Date: 2/13/14.
    Accession Number: 20140213-5007.
    Comments Due: 5 p.m. ET 2/24/14.

    Docket Numbers: ER14-861-000.
    Applicants: Public Service Company of Colorado.
    Description: Supplement to December 27, 2013 Public Service Company
of Colorado tariff filing.
    Filed Date: 2/12/14.
    Accession Number: 20140212-5149.
    Comments Due: 5 p.m. ET 2/19/14.

    Docket Numbers: ER14-863-001.
    Applicants: Southwest Power Pool, Inc.
    Description: SPP-MISO JOA Emergency Energy Assistance Revisions
Amendment to be effective 3/1/2014.
    Filed Date: 2/13/14.
    Accession Number: 20140213-5006.
    Comments Due: 5 p.m. ET 2/24/14.

    Docket Numbers: ER14-867-001.
    Applicants: AEP Energy, Inc.
    Description: AEP Energy, Inc. submits tariff filing per 35.17(b):
AEP Energy MBR Revision Amd to be effective 3/1/2014.
    Filed Date: 2/14/14.
    Accession Number: 20140214-5123.
    Comments Due: 5 p.m. ET 3/7/14.

    Docket Numbers: ER14-868-001.
    Applicants: AEP Retail Energy Partners.
    Description: AEP Retail Energy Partners submits tariff filing per
35.17(b): AEP Retail Energy Partners MBR Revision Amd to be effective
3/1/2014.
    Filed Date: 2/14/14.
    Accession Number: 20140214-5122.
    Comments Due: 5 p.m. ET 3/7/14.

    Docket Numbers: ER14-869-001.
    Applicants: AEP Texas Central Company, Southwestern Electric Power
Company, Public Service Company of Oklahoma, AEP Texas North Company.
    Description: AEP Texas Central Company submits tariff filing per
35.17(b): CSW Oper Co MBR Revision Amd to be effective 3/1/2014.
    Filed Date: 2/14/14.
    Accession Number: 20140214-5124.
    Comments Due: 5 p.m. ET 3/7/14.

    Docket Numbers: ER14-870-001.
    Applicants: Indiana Michigan Power Company, Kentucky Power Company,
Kingsport Power Company, Ohio Power Company, Wheeling Power Company,
Appalachian Power Company.
    Description: Indiana Michigan Power Company submits tariff filing
per 35.17(b): AEP Operating Companies MBR Revision Amd to be effective
3/1/2014.
    Filed Date: 2/14/14.
    Accession Number: 20140214-5126.
    Comments Due: 5 p.m. ET 3/7/14.

    Docket Numbers: ER14-871-001.
    Applicants: AEP Energy Partners, Inc.
    Description: AEP Energy Partners, Inc. submits tariff filing per
35.17(b): AEP Energy Partners MBR Revision Amd to be effective 3/1/
2014.
    Filed Date: 2/14/14.
    Accession Number: 20140214-5127.
    Comments Due: 5 p.m. ET 3/7/14.

    Docket Numbers: ER14-872-001.
    Applicants: CSW Energy Services, Inc.
    Description: CSW Energy Services, Inc. submits tariff filing per
35.17(b): CSW Energy Services MBR Revision Amd to be effective 3/1/
2014.
    Filed Date: 2/14/14.
    Accession Number: 20140214-5120.
    Comments Due: 5 p.m. ET 3/7/14.

    Docket Numbers: ER14-1306-000.
    Applicants: Northeast Utilities Service Company, The Connecticut
Light and Power Company.
    Description: The United Illuminating Company submits Notice of
Cancellation of Certificate of Concurrence of Black Pond Junction Code
Works Agreement.
    Filed Date: 2/12/14.
    Accession Number: 20140212-5160.
    Comments Due: 5 p.m. ET 3/5/14.

    Docket Numbers: ER14-1314-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: 2014-02-12--NIPSCO 69kV TUA to be effective 2/13/2014.
    Filed Date: 2/12/14.
    Accession Number: 20140212-5078.

    Comments Due: 5 p.m. ET 3/5/14.

    Docket Numbers: ER14-1315-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: 2014-02-12--NIPSCO 138kV TUA to be effective 2/13/
2014.
    Filed Date: 2/12/14.
    Accession Number: 20140212-5080.
    Comments Due: 5 p.m. ET 3/5/14.

    Docket Numbers: ER14-1317-000.
    Applicants: Sunshine Gas Producers, LLC.
    Description: Application for Market-Based Rate Authority to be
effective 4/1/2014.
    Filed Date: 2/12/14.
    Accession Number: 20140212-5115.
    Comments Due: 5 p.m. ET 3/5/14.

    Docket Numbers: ER14-1318-000.
    Applicants: California Independent System Operator Corporation.
    Description: 2014-02-12--PriceCorrectionsTariffWaiver to be
effective N/A under ER14-1318 Filing Type: 80.
    Filed Date: 2/12/14.
    Accession Number: 20140212-5117.
    Comments Due: 5 p.m. ET 3/5/14.

    Docket Numbers: ER14-1319-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Pre-Energization WPA under Comprehensive Agreement
between PG&E and DWR to be effective 2/14/2014.
    Filed Date: 2/13/14.
    Accession Number: 20140213-5003.
    Comments Due: 5 p.m. ET 3/6/14.

    Docket Numbers: ER14-1320-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: 2014-02-13--Northeast Power-ITC-AECI T-T IA to be
effective 1/29/2014.
    Filed Date: 2/13/14.
    Accession Number: 20140213-5004.
    Comments Due: 5 p.m. ET 3/6/14.

    Docket Numbers: ER14-1321-000.
    Applicants: Appalachian Power Company.
    Description: 20140213 TCC Att K Refiling to be effective 2/10/2014.
    Filed Date: 2/13/14.
    Accession Number: 20140213-5012.
    Comments Due: 5 p.m. ET 3/6/14.

    Docket Numbers: ER14-1322-000.
    Applicants: Corinth Energy, LLC.
    Description: Notice of MBR Tariff Cancellation to be effective 2/
14/2014.
    Filed Date: 2/14/14.
    Accession Number: 20140214-5021.
    Comments Due: 5 p.m. ET 3/7/14.

    Docket Numbers: ER14-1323-000.
    Applicants: ISO New England Inc.
    Description: ISO New England Inc., Capital Budget Quarterly Filing
for Fourth Quarter of 2013.
    Filed Date: 2/13/14.
    Accession Number: 20140213-5091.
    Comments Due: 5 p.m. ET 3/6/14.

    Docket Numbers: ER14-1324-000.
    Applicants: Panoche Energy Center, LLC.
    Description: Order No. 784 Compliance Filing to be effective 2/18/
2014.
    Filed Date: 2/14/14.
    Accession Number: 20140214-5104.
    Comments Due: 5 p.m. ET 3/7/14.

    Docket Numbers: ER14-1325-000.
    Applicants: Northern States Power Company, a Minnesota corporation.
    Description: 20140214--InterchangeAgreement to be effective 1/1/
2014.
    Filed Date: 2/14/14.
    Accession Number: 20140214-5116.
    Comments Due: 5 p.m. ET 3/7/14.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: February 14, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-03846 Filed 2-21-14; 8:45 am]
BILLING CODE 6717-01-P


DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1910

[Docket No. OSHA-2011-0183]

RIN 1218-AC64

Revising Standards Referenced in the Acetylene Standard

AGENCY:  Occupational Safety and Health Administration (OSHA),
Department of Labor.

ACTION:  Notice of proposed rulemaking; request for comments.

SUMMARY:  In this notice of proposed rulemaking, the Agency is proposing
to revise its Acetylene Standard for general industry by updating a
reference to a standard published by a standards developing organization
(“SDO standards”).  OSHA also is publishing a direct final rule in
today’s Federal Register taking this same action.  This rulemaking is
a continuation of OSHA’s ongoing effort to update references to SDO
standards used throughout its rules.

DATES:  Submit comments to this proposed rule (including comments to the
information-collection (paperwork) determination described under the
section titled PROCEDURAL DETERMINATIONS), hearing requests, and other
information by [INSERT DATE 30 DAYS AFTER DATE OF PUBLICATION OF THIS
NOTICE IN THE FEDERAL REGISTER].  All submissions must bear a postmark
or provide other evidence of the submission date.  (The following
section titled ADDRESSES describes methods available for making
submissions.)

ADDRESSES:  Submit comments, hearing requests, and other information as
follows:

	•  Electronic:  Submit comments electronically to  HYPERLINK
"http://www.regulations.gov" http://www.regulations.gov , which is the
Federal eRulemaking Portal.  Follow the instructions online for
submitting comments.

•  Facsimile:  OSHA allows facsimile transmission of comments and
hearing requests that are 10 pages or fewer in length (including
attachments).  Send these documents to the OSHA Docket Office at (202)
693-1648; OSHA does not require hard copies of these documents.  Instead
of transmitting facsimile copies of attachments that supplement these
documents (e.g., studies, journal articles), commenters must submit
these attachments to the OSHA Docket Office, Technical Data Center, Room
N-2625, OSHA, U.S. Department of Labor, 200 Constitution Ave., NW.,
Washington, DC 20210.  These attachments must clearly identify the
sender’s name, date, subject, and docket number (OSHA-2011-0183) so
that the Agency can attach them to the appropriate document.

•  Regular mail, express delivery, hand (courier) delivery, and
messenger service:  Submit comments and any additional material (e.g.,
studies, journal articles) to the OSHA Docket Office, Docket No.
OSHA-2011-0183 or Regulation Identification Number (RIN) 1218-AC08,
Technical Data Center, Room N-2625, OSHA, U.S. Department of Labor, 200
Constitution Ave., NW., Washington, DC 20210; telephone:  (202)
693-2350.  (OSHA’s TTY number is<PHONE_NUMBER>.)  Note that
security-related procedures may result in significant delays in
receiving comments and other written materials by regular mail.  Please
contact the OSHA Docket Office for information about security procedures
concerning delivery of materials by express delivery, hand delivery, and
messenger service.  The hours of operation for the OSHA Docket Office
are 8:15 a.m. to 4:45 p.m., e.t.

•  Instructions:  All submissions must include the Agency name and the
OSHA docket number (OSHA-2011-0183).  OSHA will place comments and other
material, including any personal information, in the public docket
without revision, and these materials will be available online at
HYPERLINK "http://www.regulations.gov" http://www.regulations.gov .
Therefore, the Agency cautions commenters about submitting statements
they do not want made available to the public, or submitting comments
that contain personal information (either about themselves or others)
such as Social Security numbers, birth dates, and medical data.

•  Docket:  The electronic docket for this NPRM established at
HYPERLINK "http://www.regulations.gov/" http://www.regulations.gov
lists most of the documents in the docket.  However, some information
(e.g., copyrighted material) is not publicly available to read or
download through this website.  All submissions, including copyrighted
material, are available for inspection and copying at the OSHA Docket
Office.  Contact the OSHA Docket Office for assistance in locating
docket submissions.

FOR FURTHER INFORMATION CONTACT:  Press inquiries:  Contact Frank
Meilinger, OSHA Office of Communications, Room N-3647, U.S. Department
of Labor, 200 Constitution Avenue, NW., Washington, DC 20210; telephone:
<PHONE_NUMBER>.

General and technical information:  Contact Ted Twardowski, Office of
Safety Systems, Directorate of Standards and Guidance, Room N-3609,
OSHA, U.S. Department of Labor, 200 Constitution Avenue, NW.,
Washington, DC 20210; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Copies of this Federal Register notice:  Electronic copies of this
Federal Register notice are available at http://www.regulations.gov.
This notice, as well as news releases and other relevant information,
also are available at OSHA’s webpage at http://www.osha.gov.

Table of Contents

I.	Background

II.	Direct Final Rulemaking

General

Relationship Between this Direct Final Rule and the Companion Proposed
Rule

Request for Comment

III.	Summary and Explanation of Revisions to the Acetylene Standard

IV.	Procedural Determinations

	A.  Legal Considerations

	B.  Final Economic Analysis and Regulatory Flexibility Act
Certification

	C.  OMB Review Under the Paperwork Reduction Act of 1995

	D.  Federalism

	E.  State Plan States

	F.  Unfunded Mandates Reform Act of 1995

	G.  Public Participation

V.	Authority and Signature

I.  Background

This action is part of a rulemaking project instituted by the
Occupational Safety and Health Administration (“OSHA” or “the
Agency”) to update OSHA standards that reference or include language
from outdated standards published by standards developing organizations
(“SDO standards”) (69 FR 68283).  A SDO standard referenced in
OSHA’s Acetylene Standard (29 CFR 1910.102) is among the SDO standards
that the Agency identified for revision.

OSHA adopted the original Acetylene Standard in 1974 pursuant to Section
6(a) of the Occupational Safety and Health Act of 1970 (OSH Act; 29
U.S.C. 651, 655).  This section allowed OSHA, during the first two years
after passage of the OSH Act, to adopt existing Federal and national
consensus standards as OSHA safety and health standards, including the
Acetylene Standard.

On August, 11, 2009, OSHA published a direct final rule (DFR) and an
accompanying notice of proposed rulemaking (NPRM) that updated
references to recognize the latest edition of the Compressed Gas
Association standard, CGA G-1-2003, in the Acetylene Standard.  See 74
FR 40442 and 74 FR 40450, respectively.  OSHA received no adverse
comments on the DFR, and it became effective on November 9, 2009.  See
74 FR 57883.

The Compressed Gas Association published a new edition of CGA G-1 in
June 2009.  OSHA did not include the CGA G-1-2009 in the DFR because
that edition was not available to OSHA prior to publication of the DFR.
However, three of the eight comments received on the DFR (Exs.
OSHA-2008-0034-0017, -0010, and -0022) recommended that the Agency
reference CGA G-1-2009 instead of the 2003 edition.  This NPRM would
remove CGA G-1-2003 from the existing Acetylene Standard and replace it
with CGA G-1-2009.

II.  Direct Final Rulemaking

A.  General

	In a direct final rulemaking, an agency publishes a DFR in the Federal
Register along with a statement that the rule will become effective
unless the agency receives a significant adverse comment within a
specified period.  An agency uses direct final rulemaking when it
anticipates the rule will be non-controversial.  The agency concurrently
publishes a proposed rule that is essentially identical to the DFR.  If
the agency receives no significant adverse comments in response to the
DFR, the rule goes into effect.  If, however, the agency receives
significant adverse comment within the specified period, the agency
withdraws the DFR and treats the comments as submissions on the proposed
rule.

	OSHA is using a DFR in this rulemaking because it expects the rule to:
be noncontroversial; provide protection to employees that is at least
equivalent to the protection afforded to them by the outdated standard;
and impose no significant new compliance costs on employers (69 FR
68283, 68285).  OSHA used DFRs previously to update or, when
appropriate, revoke references to outdated national SDO standards in
OSHA rules (see, e.g., 69 FR 68283, 70 FR 76979, and 71 FR 80843).

	For purposes of this rulemaking, a significant adverse comment is one
that explains why the rule would be inappropriate, including challenges
to the rule’s underlying premise or approach.  In determining whether
a comment necessitates withdrawal of the DFR, OSHA will consider whether
the comment raises an issue serious enough to warrant a substantive
response in a notice-and-comment process.  OSHA will not consider a
comment recommending an addition to the rule to be a significant adverse
comment unless the comment states why the DFR would be ineffective
without the addition.  If OSHA receives a timely significant adverse
comment, the Agency will publish a Federal Register notice withdrawing
the DFR no later than [INSERT DATE 60 DAYS AFTER DATE OF PUBLICATION OF
THIS NOTICE IN THE FEDERAL REGISTER].

OSHA preliminarily determined that updating and replacing the SDO
standard in the Acetylene Standard is appropriate for direct final
rulemaking.  First, the revision made to the Acetylene Standard will not
compromise the safety of employees, and instead enhances employee
protection.  As described below, the revision will make the requirements
of OSHA’s Acetylene Standard consistent with current industry
practices, thereby eliminating confusion and clarifying employer
obligations, which will increase employee safety by encouraging
compliance.  Furthermore, bringing the Acetylene Standard in line with
industry practice will not produce additional costs for employers, and
may reduce compliance costs.  Finally, the revision is non-controversial
because it merely updates the SDO standard referenced in the rule to the
most current version of that standard.

B.  Relationship Between this Proposed Rule and the Companion Direct
Final Rule

This NPRM is the companion document to a direct final rule (DFR) also
published in today’s Federal Register.  If OSHA receives no
significant adverse comment on the DFR, it will publish a Federal
Register document confirming the effective date of the DFR and
withdrawing this NPRM.  The confirmation may include minor stylistic or
technical corrections to the DFR.  For the purpose of judicial review,
OSHA considers the date that it confirms the effective date of the DFR
to be the date of issuance.  However, if OSHA receives significant
adverse comment on the DFR, it will publish a timely withdrawal of the
DFR and proceed with this NPRM, which addresses

C.  Request for Comment

OSHA requests comments on all issues related to this rulemaking,
including economic or other regulatory impacts of this action on the
regulated community.  OSHA will consider all of the comments, and the
comments will become part of the record.

the same revisions to the Acetylene Standard.

III. Summary and Explanation of Revisions to the Acetylene Standard

This NPRM would update the SDO standard referenced in paragraph
1910.102(a) of the Acetylene Standard.  To ensure that employers have
access to the latest safety requirements for managing acetylene, this
NPRM would adopt the requirements specified in the most recent, 2009,
edition of the SDO standard, CGA G-1-2009.  The following discussion
provides a summary of the revisions OSHA is proposing for paragraph (a)
of the Acetylene Standard.

For paragraph (a) of § 1910.102 (Cylinders), this NPRM would replace
the reference to the 2003 edition of CGA Pamphlet G-1 (“Acetylene”)
(Ex. OSHA-2008-0034-0006) with the most recent (2009) edition of that
standard, also entitled “Acetylene” (Ex. OSHA-2011-0183-0003).  In
reviewing CGA G1-2009, the Agency prepared a side-by-side comparison of
the 2009 and 2003 editions (Ex. OSHA-2011-0183-0004).  OSHA found minor
changes to the titles of CGA reports referenced in paragraph 4 of
section 3.2 (Physical and chemical properties) and section 4.2 (Valves);
these changes are not substantive.  In section 4.5 (Marking and
labeling), CGA also provides additional guidance clarifying Department
of Transportation labeling regulations, and labeling requirements for
transporting acetylene in Canada.  The Agency preliminarily determined
that this information provides guidance only, and, therefore, would
impose no additional burden on employers.  Lastly, OSHA identified an
addition to the note in section 5.2 (Rules for storing acetylene) that
designates as “in service” single cylinders of acetylene and oxygen
located at a work station (e.g., chained to a wall or building column,
secured on a cylinder cart).  The Agency preliminarily determined that
this change is consistent with current industry practice, and,
consequently, would not increase employers’ burden.

OSHA believes that the provisions of CGA G-1-2009 are consistent with
the usual and customary practice of employers in the industry, and
preliminarily determined that incorporating CGA G-1-2009 into paragraph
(a) of § 1910.102 would not add compliance burden for employers.  OSHA
invites the public to comment on whether the revisions proposed for the
Acetylene Standard represent current industry practice.

IV. Procedural Determinations

A.  Legal Considerations

The purpose of the Occupational Safety and Health Act of 1970 (29 U.S.C.
651 et seq.), is "to assure so far as possible every working man and
woman in the nation safe and healthful working conditions and to
preserve our human resources."  29 U.S.C. 651(b).  To achieve this goal,
Congress authorized the Secretary of Labor to promulgate and enforce
occupational safety and health standards.  29 U.S.C. 655(b), 654(b).  A
safety or health standard is a standard "which requires conditions, or
the adoption or use of one or more practices, means, methods,
operations, or processes, reasonably necessary or appropriate to provide
safe or healthful employment or places of employment."  29 U.S.C.
652(8).  A standard is reasonably necessary or appropriate within the
meaning of Section 652(8) when a significant risk of material harm
exists in the workplace and the standard would substantially reduce or
eliminate that workplace risk.

This NPRM would not reduce the employee protections put into place by
the standard OSHA is proposing to update under this rulemaking.
Instead, OSHA believes this rulemaking likely would enhance employee
safety by clarifying employer obligations.  Therefore, it is unnecessary
to determine significant risk, or the extent to which this rule would
reduce that risk, as typically is required by Industrial Union
Department, AFL-CIO v. American Petroleum Institute (448 U.S. 607
(1980)).

B.  Final Economic Analysis and Regulatory Flexibility Act Certification

The proposed standard would not be “economically significant” as
specified by Executive Order 12866, or a "major rule" under Section 804
of the Small Business Regulatory Enforcement Fairness Act of 1996
(“SBREFA”; 5 U.S.C. 804).  The DFR resulting from this proposed rule
would not impose significant additional costs on any private-sector or
public-sector entity, and does not meet any of the criteria for an
economically significant or major rule specified by Executive Order
12866 and the relevant statutes.  OSHA developed this proposal with
attention to the approaches to rulemaking outlined in Executive Orders
12866 and 13563.

This NPRM simply proposes to update a reference to an outdated SDO
standard in OSHA’s Acetylene Standard.  The Agency preliminarily
concludes that the revisions will not impose any additional costs on
employers because it believes that the updated SDO standard represents
the usual and customary practice of employers in the industry.
Consequently, the proposal imposes no costs on employers.  Therefore,
OSHA certifies that this rulemaking would not have a significant
economic impact on a substantial number of small entities.  Accordingly,
the Agency is not preparing a regulatory flexibility analysis under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

C.  OMB Review Under the Paperwork Reduction Act of 1995

Neither the existing nor updated SDO standard addressed by this NPRM
contain collection of information requirements.  Therefore, this NPRM
does not impose or remove any information-collection requirements for
purposes of the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq.
and 5 CFR 1320.  Accordingly, the Agency does not have to prepare an
Information Collection Request in association with this rulemaking.

Members of the public may respond to this paperwork determination by
sending their written comments to the Office of Information and
Regulatory Affairs, Attn:  OSHA Desk Officer (RIN 1218-AC08), Office of
Management and Budget, Room 10235, 725 17th Street NW., Washington, DC
20503.  The Agency encourages commenters to submit these comments to the
rulemaking docket, along with their comments on other parts of the NPRM.
 For instructions on submitting these comments and accessing the docket,
see the sections of this Federal Register notice titled DATES and
ADDRESSES.  However, OSHA will not consider any comment received on this
paperwork determination to be a “significant adverse comment” as
specified under Section II (“Direct Final Rulemaking”) of this
notice.

	To make inquiries, or to request other information, contact Mr. Todd
Owen, Directorate of Standards and Guidance, OSHA, Room N-3609, U.S.
Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210;
telephone<PHONE_NUMBER>.

D.  Federalism

OSHA reviewed this NPRM in accordance with the Executive Order on
Federalism (Executive Order 13132, 64 FR 43255, August 10, 1999), which
requires that Federal agencies, to the extent possible, refrain from
limiting State policy options, consult with States prior to taking any
actions that would restrict State policy options, and take such actions
only when clear constitutional authority exists and the problem is
national in scope.

Under Section 18 of the Occupational Safety and Health Act of 1970
(“OSH Act”; U.S.C. 651 et seq.), Congress expressly provides that
States may adopt, with Federal approval, a plan for the development and
enforcement of occupational safety and health standards; OSHA refers to
States that obtain Federal approval for such a plan as “State Plan
States.”  29 U.S.C. 667.  Occupational safety and health standards
developed by State Plan States must be at least as effective in
providing safe and healthful employment and places of employment as the
Federal standards.  Subject to these requirements, State Plan States are
free to develop and enforce their own requirements for occupational
safety and health standards.  While OSHA drafted this NPRM to protect
employees in every State, Section 18(c)(2) of the Act permits State Plan
States and Territories to develop and enforce their own standards for
acetylene operations provided these requirements are at least as
effective in providing safe and healthful employment and places of
employment as the final requirements that result from this proposal.

	In summary, this NPRM complies with Executive Order 13132.  In States
without OSHA-approved State Plans, any standard developed from this NPRM
would limit State policy options in the same manner as every standard
promulgated by OSHA.  In States with OSHA-approved State Plans, this
rulemaking would not significantly limit State policy options.

E.  State Plan States

When Federal OSHA promulgates a new standard or a more stringent
amendment to an existing standard, the 27 States or U.S. Territories
with their own OSHA-approved occupational safety and health plans
(“State Plan States”) must amend their standards to reflect the new
standard or amendment, or show OSHA why such action is unnecessary
(e.g., if an existing State standard covering this area is already “at
least as effective” as the new Federal standard or amendment).  29 CFR
1953.5(a).  The State standard must be “at least as effective” as
the final Federal rule, and must be completed within six months of the
publication date of the final Federal rule.  29 CFR 1953.5(a).  When
OSHA promulgates a new standard or amendment that does not impose
additional or more stringent requirements than the existing standard,
State Plan States are not required to amend their standards, although
OSHA may encourage them to do so.

While this proposed rule does not impose any additional or more
stringent requirements on employers than the existing Acetylene
Standard, OSHA believes that the provisions of this proposal would
provide employers with critical, updated information and methods that
will help protect their employees from the hazards found in workplaces
engaged in acetylene operations.  Therefore, if adopted as proposed,
OSHA will encourage the State Plan States to adopt comparable provisions
within six months of publication of the final rule.  The 27 States and
territories with OSHA-approved State Plans are:  Alaska, Arizona,
California, Connecticut, Hawaii, Illinois, Indiana, Iowa, Kentucky,
Maryland, Michigan, Minnesota, Nevada, New Mexico, New Jersey, New York,
North Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah,
Vermont, Virginia, Virgin Islands, Washington, and Wyoming.
Connecticut, Illinois, New Jersey, New York, and the Virgin Islands have
OSHA-approved State Plans that apply to State and local government
employees only.

F.  Unfunded Mandates Reform Act of 1995

	OSHA reviewed this NPRM in accordance with the Unfunded Mandates Reform
Act of 1995 (“UMRA”; 2 U.S.C. 1501 et seq.) and Executive Order
12875 (56 FR 58093).  As discussed above in Section IV.B (“Final
Economic Analysis and Regulatory Flexibility Act Certification”) of
this notice, the Agency determined that this NPRM would not impose
additional costs on any private-sector or public-sector entity.
Accordingly, this NPRM requires no additional expenditures by either
public or private employers.

As noted above under Section IV.E (“State Plan States”) of this
notice, the Agency’s standards do not apply to State and local
governments except in States that have elected voluntarily to adopt a
State Plan approved by the Agency.  Consequently, this NPRM would not
meet the definition of a "Federal intergovernmental mandate" (See
Section 421(5) of the UMRA (2 U.S.C. 658(5))).  Therefore, for the
purposes of the UMRA, the Agency certifies that this NPRM does not
mandate that State, local, or tribal governments adopt new, unfunded
regulatory obligations, or increase expenditures by the private sector
of more than $100 million in any year.

G.  Public Participation

	OSHA requests comments on all issues concerning this NPRM.  The Agency
also welcomes comments on its determination that this NPRM would have no
negative economic or other regulatory impacts on employers, and will
increase employee protection.  If OSHA receives no significant adverse
comment, it will publish a Federal Register document confirming the
effective date of the companion DFR and withdrawing this NPRM.  Such
confirmation may include minor stylistic or technical corrections to the
document.  For a full discussion of what constitutes a significant
adverse comment, see Section II (“Direct Final Rulemaking”) of this
notice.

 	The Agency will withdraw the DFR if it receives significant adverse
comment on the amendments contained in it, and proceed with this NPRM by
addressing the comment(s) and publishing a new final rule.  The comment
period for this NPRM runs concurrently with that of the DFR.  Therefore,
OSHA will treat any comments received under this NPRM as comments
regarding the DFR.  Similarly, OSHA will consider a significant adverse
comment submitted to the DFR as a comment to this NPRM; the Agency will
consider such a comment in developing a subsequent final rule.

	OSHA will post comments received without revision to  HYPERLINK
"http://www.regulations.gov" http://www.regulations.gov , including any
personal information provided.  Accordingly, OSHA cautions commenters
about submitting personal information such as Social Security numbers
and birth dates.

List of Subjects in 29 CFR Part 1910

Acetylene, General industry, Occupational safety and health, Safety.

V.  Authority and Signature

David Michaels, PhD, MPH, Assistant Secretary of Labor for Occupational
Safety and Health, U.S. Department of Labor, 200 Constitution Avenue,
NW., Washington, DC 20210, authorized the preparation of this notice.
The Agency is issuing this notice under Sections 4, 6, and 8 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657),
Secretary of Labor’s Order 4-2010 (75 FR 55355), and 29 CFR part 1911.

	Signed at Washington, DC on November 22, 2011.

____________________________________________________

David Michaels, PhD, MPH

Assistant Secretary of Labor for Occupational Safety and Health.

Amendments to the Standard

	For the reasons discussed in the preamble, the Occupational Safety and
Health Administration is proposing to amend 29 CFR part 1910 as set
forth below:

PART 1910—OCCUPATIONAL SAFETY AND HEALTH STANDARDS

Subpart A—[Amended]

1.  The authority citation for subpart A continues to read as follows:

Authority:  Sections 4, 6, and 8 of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order No.
12–71 (36 FR 8754), 8–76 (41 FR 25059), 9–83 (48 FR 35736), 1–90
(55 FR 9033), 6–96 (62 FR 111), 3–2000 (65 FR 50017), 5–2002 (67
FR 65008), 5–2007 (72 FR 31159), and 4–2010 (75 FR 55355), as
applicable.

Sections 1910.6, 1910.7, 1910.8 and 1910.9 also issued under 29 CFR part
1911. Section 1910.7(f) also issued under 31 U.S.C. 9701, 29 U.S.C. 9a,
5 U.S.C. 553; Pub. L. 106–113 (113 Stat. 1501A–222); Pub. L. 111–8
and 111–317; and OMB Circular A–25 (dated July 8, 1993) (58 FR
38142, July 15, 1993).

2.  Amend § 1910.6 by revising paragraph (k)(3) to read as follows:

§ 1910.6  Incorporation by reference.

*	*	*	*	*

(k)  	*	*	*

*	*	*	*	*

(3)  CGA G-1-2009 Acetylene, IBR approved for § 1910.102(a).  Copies of
CGA Pamphlet G-1, Twelfth Edition, are available for purchase from the:
Compressed Gas Association, Inc., 4221 Walney Road, 5th Floor,
Chantilly, VA 20151; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
e-mail<EMAIL_ADDRESS>
*	*	*	*	*

Subpart H—[Amended]

3.  Revise the authority citation for subpart H to read as follows:

   Authority:  29 U.S.C. 653, 655, 657; Secretary of Labor’s Orders
Nos. 12-71(36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90 (55
FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 5-2002 (67 FR 65008),
5-2007 (72 FR 31159), or 4-2010 (75 FR 55355), as applicable; and 29 CFR
part 11.

   	Sections 1910.103, 1910.106 through 1910.111, and 1910.119,
1910.120, and 1910.122 through 1910.126 also issued under 29 CFR part
1911.

   	Section 1910.119 also issued under Section 304, Clean Air Act
Amendments of 1990 (Pub.L. 101-549), reprinted at 29 U.S.C. 655 Note.

   	Section 1910.120 also issued under 29 U.S.C. 655 Note, and 5 U.S.C.
553.

4.  Amend § 1910.102 by revising paragraph (a) to read as follows:

§ 1910.102  Acetylene.

(a)  Cylinders.  Employers must ensure that the in-plant transfer,
handling, storage, and use of acetylene in cylinders comply with the
provisions of CGA Pamphlet G-1-2009 (“Acetylene”) (incorporated by
reference, see §1910.6).

*	*	*	*	*

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In its comments to the 2009 DFR revising OSHA’s Acetylene Standard,
CGA made the following statement regarding the addition to this note:
“CGA does not envision a hardship or economic burden on the industry
nor any reduction in industrial safety as a result of this change.”

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[Federal Register Volume 87, Number 107 (Friday, June 3, 2022)]
[Notices]
[Page 33804]
[FR Doc No: 2022-11916]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4618-DR; Docket ID FEMA-2022-0001]

Pennsylvania; Amendment No. 6 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 Commonwealth of Pennsylvania (FEMA-4618-DR), dated September
10, 2021, and related determinations.

DATES: This change occurred on April 28, 2022.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) hereby gives notice that pursuant to the authority vested in the
Administrator, under Executive Order 12148, as amended, Charles Monroe
Maltbie III, of FEMA is appointed to act as the Federal Coordinating
Officer for this disaster.
    This action terminates the appointment of E. Craig Levy Sr. as
Federal Coordinating Officer for this disaster.

    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.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2022-11916 Filed 6-2-22; 8:45 am]
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