[Federal Register Volume 80, Number 6 (Friday, January 9, 2015)]
[Notices]
[Pages 1435-1436]
[FR Doc No: 2015-00139]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: U.S. Securities and
Exchange Commission, Office of FOIA Services, 100 F Street NE.,
Washington, DC 20549-2736.

Extension: Reports of Evidence of Material Violations.
    SEC File No. 270-514, OMB Control No. 3235-0572.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
(PRA) of 1995, 44 U.S.C. Sections 3501-3520, the Securities and
Exchange Commission (``Commission'') is soliciting comments on the
collection of information summarized below. The Commission plans to
submit the existing collection of information to the Office of
Management and Budget for extension of the previously approved
collection of information discussed below.
    On February 6, 2003, the Commission published final rules,
effective August 5, 2003, entitled ``Standards of Professional Conduct
for Attorneys Appearing and Practicing Before the Commission in the
Representation of an Issuer'' (17 CFR 205.1-205.7). The information
collection embedded in the rules is necessary to implement the
Standards of Professional Conduct for Attorneys prescribed by the rule
and required by Section 307 of the Sarbanes-Oxley Act of 2002 (15
U.S.C. 7245). The rules impose an ``up-the-ladder'' reporting
requirement when attorneys appearing and practicing before the
Commission become aware of evidence of a material violation by the
issuer or any officer, director, employee, or agent of the issuer. An
issuer may choose to establish a qualified legal compliance committee
(``QLCC'') as an alternative procedure for reporting evidence of a
material violation. In the rare cases in which a majority of a QLCC has
concluded that an issuer did not act appropriately, the QLCC may
communicate the information to the Commission. The collection of
information is, therefore, an important component of the Commission's
program to discourage violations of the federal securities laws and
promote ethical behavior of attorneys appearing and practicing before
the Commission.
    The respondents to this collection of information are attorneys who
appear and practice before the Commission and, in certain cases, the
issuer, and/or officers, directors and committees of the issuer. In
providing quality representation to issuers, attorneys may report
evidence of violations to others within the issuer, including the Chief
Legal Officer, the Chief Executive Officer, and, where necessary, the
directors. In addition, officers and directors investigate evidence of
violations and report within the issuer the results of the
investigation and the remedial steps they have taken or sanctions they
have imposed. Except as discussed below, we therefore believe that the
reporting requirements imposed by the rule are ``usual and customary''
activities that do not add to the burden that would be imposed by the
collection of information.
    Certain aspects of the collection of information, however, may
impose a burden. For an issuer to establish a QLCC, the QLCC must adopt
written procedures for the confidential receipt, retention, and
consideration of any report of evidence of a material violation. We
estimate for purposes of the PRA that there are approximately 11,396
issuers that are subject to the rules.\1\ Of these, we estimate that
approximately 3.3 percent, or 373, have established or will establish a
QLCC.\2\ Establishing the written procedures required by the rule
should not impose a significant burden. We assume that an issuer would
incur a greater burden in the year that it first establishes the
procedures than in subsequent years, in which the burden would be
incurred in updating, reviewing, or modifying the procedures. For
purposes of the PRA, we assume that an issuer would spend 6 hours every
three-year period on the procedures. This would result in an average
burden of 2 hours per year. Thus, we estimate for purposes of the PRA
that the total annual burden imposed by the collection of information
would be 746 hours. Assuming half of the burden hours will be incurred
by outside counsel at a rate of $500 per hour would result in a cost of
$186,500.
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    \1\ This figure is based on the estimated 8,145 operating
companies that filed annual reports on Form 10-K, Form 20-F, or Form
40-F during the 2013 fiscal year (the most recent data currently
available), and the estimated 3,251 investment companies that filed
periodic reports on Form N-SAR between June 1, 2013 and May 31, 2014
(the most recent data currently available).
    \2\ This estimate is based on the issuer filings made with the
Commission during the past three years that include a reference to
the issuer's QLCC.
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    The estimate of average burden hours is made solely for the
purposes of the Paperwork Reduction Act, and is not derived from a
comprehensive or even a representative survey or study. An agency may
not conduct or sponsor, and a person is not required to respond to, a
collection of information unless it displays a currently valid OMB
control number.
    Written comments are requested on: (a) Whether the collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information has practical
utility; (b) the accuracy of the Commission's estimate of the burden[s]
of the collection of information; (c) ways to enhance the quality,
utility, and clarity of the information collected; and (d) ways to
minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques or other
forms of information technology. Consideration will be given to
comments and suggestions submitted in writing within 60 days of this
publication.
    Please direct your written comments to Pamela Dyson, Acting
Director/Chief Information Officer, Securities and Exchange Commission,
c/o Remi Pavlik-Simon, 100 F St. NE., Washington, DC 20549; or send an
email to<EMAIL_ADDRESS>

     Dated: January 5, 2015.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2015-00139 Filed 1-8-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 85 (Thursday, May 4, 2017)]
[Proposed Rules]
[Pages 20859-20861]
[FR Doc No: 2017-09036]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket Number USCG-2016-0897]
RIN 1625-AA01

Anchorage Ground; Atlantic Ocean, Jacksonville, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend its anchorage regulations to
establish a new offshore anchorage area approximately 7 nautical miles
northeast of the St. Johns River inlet, Florida. Currently, there is
not a dedicated deep draft offshore anchorage for commercial ocean-
going vessels arriving at the Port of Jacksonville. Establishing an
adequate and dedicated offshore anchorage will alleviate hazardous
conditions with vessels anchoring in the common approaches to the St.
Johns River. This action is necessary to ensure the safety and
efficiency of navigation for all vessels transiting in and out of the
Port of Jacksonville. We invite your comments on this proposed
rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before June 5, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0897 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant Allan Storm, Sector
Jacksonville, Waterways Management Division, U.S. Coast Guard;
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The Coast Guard, with the recommendation from the St. Johns Bar
Pilot Association (SJBPA) and Jacksonville Marine Transportation
Exchange (JMTX) Harbor Safety Committee, developed the dedicated
offshore anchorage area approximately 7 nautical miles northeast of the
St. Johns River inlet, Florida proposed in this notice of proposed
rulemaking (NPRM).
    The purpose of this proposed rulemaking is to improve the
navigational safety, traffic management and port security for the Port
of Jacksonville.
    Currently, there is not a dedicated deep draft offshore anchorage
for commercial ocean-going vessels arriving at the port of
Jacksonville. Vessels have routinely been recommended to anchor 1\1/2\
nautical miles northeast of the ``STJ'' entrance buoy. However, many
mariners are hesitant to anchor in this location due to its proximity
to the charted danger area, which is related to unexploded ordinances
on the sea floor. Without a designated charted anchorage area, many
vessels end up drifting or anchoring in the common approaches to the
St. Johns River, creating a potential hazardous condition for all
vessels transiting in and out of the Port of Jacksonville. These
conditions may worsen with the expected growth in the number of
vessels, and the likelihood of large vessels calling on Jacksonville in
the near future.
    In 2013, Coast Guard Sector Jacksonville hosted a meeting to
discuss the establishment of a commercial anchorage off the entrance to
the St. Johns River. Members from SJBPA, JMTX, Jacksonville Port
Authority, Florida Docking Masters, Army Corp of Engineers, NOAA, local
tug companies, and the local Shrimp Producers Association all provided
input to the proposed anchorage outlined in this notice. Additionally,
in April 2016, Coast Guard Sector Jacksonville conducted a focused
Waterways Analysis and Management System (WAMS) study for the proposed
offshore anchorage area. No additional findings were found and no
comments of concern were received from this WAMS study.
    The Coast Guard proposes this rulemaking under authority in 33
U.S.C. 471, 1221 through 1236, 2071; 33 CFR 1.05-1; Department of
Homeland Security Delegation No. 0170.1.

III. Discussion of Proposed Rule

    The Coast Guard proposes to amend its anchorage regulations to
establish an offshore anchorage area approximately seven nautical miles
northeast of the St. Johns River inlet, Florida. There currently is not
a dedicated deep draft offshore anchorage for commercial ocean-going
vessels arriving at the port of Jacksonville. This action is necessary
to ensure the safety and efficiency of navigation for all vessels
transiting in and out of the Port of Jacksonville. The anchorage area's
dimensions are approximately three nautical miles by two nautical miles
and would encompass approximately six square nautical miles.
    The anchorage boundaries are described, using precise coordinates,
in the proposed regulatory text at the end of this notice.

IV. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 (Regulatory Planning and Review) and 13563
(Improving Regulation and Regulatory Review) direct agencies to assess
the

costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying costs and
benefits, reducing costs, harmonizing rules, and promoting flexibility.
Executive Order 13771 (Reducing Regulation and Controlling Regulatory
Costs) directs agencies to reduce regulation and control regulatory
costs and provides that ``for every one new regulation issued, at least
two prior regulations be identified for elimination, and that the cost
of planned regulations be prudently managed and controlled through a
budgeting process.''
    The Office of Management and Budget (OMB) has not designated this
rule a significant regulatory action under section 3(f) of Executive
Order 12866. Accordingly, OMB has not reviewed it. As this rule is not
a significant regulatory action, this rule is exempt from the
requirements of Executive Order 13771. See the OMB Memorandum titled
``Interim Guidance Implementing Section 2 of the Executive Order of
January 30, 2017 titled `Reducing Regulation and Controlling Regulatory
Costs' '' (February 2, 2017).
    This regulatory action determination is based on the fact that
there will be minimal impact to routine navigation because the proposed
anchorage area would not restrict traffic as it is located well outside
of the established navigation channel. Vessels would still be able to
maneuver in, around, and through the anchorage.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    While some owners or operators of vessels intending to transit the
anchorage area may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves
establishing one offshore anchorage ground; the overall size of the
anchorage area will be approximately 6 square nautical miles. The
anchorage ground is not designated a critical habitat or special
management area. Normally such actions are categorically excluded from
further review under paragraph 34(f) of Figure 2-1 of Commandant
Instruction M16475.lD. A preliminary environmental analysis checklist
and Categorical Exclusion Determination are available in the docket
where indicated under ADDRESSES. We seek any comments or information
that may lead to the discovery of a significant environmental impact
from this proposed rule.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.

    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

List of Subjects in 33 CFR Part 110

    Anchorage grounds.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 110 as follows:

PART 110--ANCHORAGE REGULATIONS

0
1. The authority citation for part 110 continues to read as follows:

    Authority:  33 U.S.C. 471, 1221 through 1236, 2071; 33 CFR 1.05-
1; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  110.184 to read as follows:

Sec.  110.184  Atlantic Ocean, Offshore Jacksonville, FL.

    (a) The anchorage ground. All waters of the Atlantic Ocean
encompassed within the following points: Starting at Point 1 in
position 30[deg]29.08' N., 81[deg]18.21' W.; thence south to Point 2 in
position 30[deg]26.06' N., 81[deg]18.21' W.; thence east to Point 3 in
position 30[deg]26.06' N., 81[deg]16.05' W.; thence north to Point 4 in
position 30[deg]29.08' N., 81[deg]16.05' W.; thence west back to
origin. All coordinates are North American Datum 1983.
    (b) The regulations. (1) Commercial vessels in the Atlantic Ocean
in the vicinity of the Port of Jacksonville must anchor only within the
anchorage area hereby defined and established, except in cases of
emergency.
    (2) Before entering the anchorage area, all vessels must notify the
Coast Guard Captain of the Port (COTP) Jacksonville on VHF-FM Channel
22A.
    (3) All vessels within the designated anchorage area must maintain
a 24-hour bridge watch by a licensed or credentialed deck officer
proficient in English, monitoring VHF-FM channel 16. This individual
must confirm that the ship's crew performs frequent checks of the
vessel's position to ensure the vessel is not dragging anchor.
    (4) Vessels may anchor anywhere within the designated anchorage
area provided that: Such anchoring does not interfere with the
operations of any other vessels currently at anchorage; and all anchor
and chain or cable is positioned in such a manner to preclude dragging.
    (5) No vessel may anchor in a ``dead ship'' status (that is,
propulsion or control unavailable for normal operations) without the
prior approval of the COTP Jacksonville. Vessels experiencing
casualties such as a main propulsion, main steering or anchoring
equipment malfunction or which are planning to perform main propulsion
engine repairs or maintenance, must immediately notify the COTP
Jacksonville on VHF-FM Channel 22A.
    (6) No vessel may anchor within the designated anchorage for more
than 72 hours without the prior approval of the COTP Jacksonville. To
obtain this approval, contact the COTP Jacksonville on VHF-FM Channel
22A.
    (7) The COTP Jacksonville may close the anchorage area and direct
vessels to depart the anchorage during periods of adverse weather or at
other times as deemed necessary in the interest of port safety or
security.
    (8) Commercial vessels anchoring under emergency circumstances
outside the anchorage area must shift to new positions within the
anchorage area immediately after the emergency ceases.

    Dated: April 27, 2017.
S.A. Buschman,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 2017-09036 Filed 5-3-17; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: December 20, 2010 (Volume 75, Number 243)]
[Rules and Regulations]
[Page 79293-79294]
[DOCID:fr20de10-5]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2010-0921; Airspace Docket No. 10-ASO-33]

Amendment and Revocation of Class E Airspace; Vero Beach, FL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class E surface airspace, and airspace
extending upward from 700 feet above the surface, and removes Class E
airspace designated as an extension to Class D surface area at Vero
Beach Municipal Airport, Vero Beach, FL. The Vero Beach Non-Directional
Beacon (NDB) has been decommissioned and new Standard Instrument
Approach Procedures (SIAPs) have been developed for the airport. This
action also updates the geographic coordinates of the St. Lucie County
International Airport to aid in the navigation of our National Airspace
System.

DATES: Effective 0901 UTC, March 10, 2011. 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 7400.9 and publication of conforming amendments.

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:

History

    On October 26, 2010, the FAA published in the Federal Register a
notice of proposed rulemaking to amend and remove Class E airspace at
Vero Beach, FL (75 FR 65581) Docket No. FAA-2010-0921. Interested
parties were invited to participate in this rulemaking effort by
submitting written comments on the proposal to the FAA. No comments
were received. During the comment period the FAA received a request
from the National Aeronautical Navigation Services to update the
geographic coordinates of the St. Lucie County International Airport,
Fort Pierce, FL. This action makes the adjustment.
    Class E airspace designated as surface areas, Class E airspace
areas designated as an extension to a Class D surface area, and Class E
airspace areas extending upward from 700 feet above the surface of the
earth are published in paragraph 6002, 6004, and 6005, respectively, of
FAA Order 7400.9U dated August 18, 2010, and effective September 15,
2010, which is incorporated by reference in 14 CFR Part 71.1. The Class
E airspace designations listed in this document will be published
subsequently in the Order.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part amends Class E airspace designated as surface area to remove any
reference to the decommissioned Vero Beach NDB at Vero Beach Municipal
Airport, Vero Beach, FL. This action also adds additional controlled
airspace extending upward from 700 feet above the surface to
accommodate new Standard Instrument Approach Procedures (SIAPs) at the
airport, and removes Class E airspace designated as an extension to
Class D surface area for Vero Beach Municipal Airport. Also, this
action will update the geographic coordinates of the St. Lucie County
International Airport, Fort Pierce, FL.
    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, is
non-controversial and unlikely to result in adverse or negative
comments. 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, 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 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 controlled airspace at Vero Beach Municipal Airport, Vero
Beach, FL, and corrects geographic coordinates for St. Lucie County
International Airport, Fort Pierce, FL.

Lists 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 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 Federal Aviation
Administration Order 7400.9U, Airspace Designations and Reporting
Points, dated August 18, 2010, effective September 15, 2010, is amended
as follows:

Paragraph 6002 Class E airspace designated as surface areas.

* * * * *

ASO FL E2 Vero Beach, FL [AMENDED]

Vero Beach Municipal Airport, FL
    (Lat. 27[deg]39'20'' N., long. 80[deg]25'05'' W.)

    That airspace extending upward from the surface to and including
2,500 feet MSL within a 4.2 mile radius of the Vero Beach

Municipal Airport. This Class E airspace area is effective during
the specific dates and times established in advance by a Notice to
Airmen. The effective date and time will thereafter be continuously
purblished in the Airport/Facility Directory.
* * * * *

Class E airspace areas designated as an extension to a class D
surface area.

* * * * *

ASO FL E4 Vero Beach, FL [REMOVED]

* * * * *

Class E airspace areas extending upward from 700 feet or more above
the surface of the earth.

* * * * *

ASO FL E5 Vero Beach, FL [AMENDED]

Vero Beach Municipal Airport, FL
    (Lat. 27[deg]39'20'' N. long. 80[deg]25'05'' W.)
Vero Beach VORTAC
    (Lat. 27[deg]40'42'' N., long. 80[deg]29'23'' W.)
St. Lucie County International Airport, FL
    (Lat. 27[deg]29'51'' N., long. 80[deg]22'21'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.7-mile radius of the Vero Beach Airport and within 4
miles north and 8 miles south of the Vero Beach VORTAC 296[deg]
radial, extending from the 6.7-mile radius to 16 miles northwest of
the VORTAC and within a 7-mile radius of St. Lucie County
International Airport.

    Issued in College Park, Georgia, on December 10, 2010.
John R. Schroeter,
Acting Manager, Operations Support Group, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2010-31768 Filed 12-17-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: August 24, 2007 (Volume 72, Number 164)]
[Notices]
[Page 48626]
[DOCID:fr24au07-45]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP07-579-000]

Black Marlin Pipeline Company; Notice of Non-Conforming Agreement
Filing

August 20, 2007.
    Take notice that on August 15, 2007, Black Marlin Pipeline Company
(Black Marlin) tendered for filing as part of its FERC Gas Tariff,
First Revised Volume No. 1, the following tariff sheets to become
effective August 15, 2007:

First Revised Sheet No. 5
Original Sheet No. 6

    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-16740 Filed 8-23-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 60 (Thursday, March 28, 2013)]
[Notices]
[Pages 18972-18973]
[FR Doc No: 2013-07220]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER13-1150-000]

Alta Wind X, LLC; Supplemental Notice That Initial Market-Based
Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding,
of Alta Wind X, LLC's application for market-based rate authority, with
an accompanying rate schedule, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest 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 (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability is April 11, 2013.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the

eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding(s) are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: March 22, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-07220 Filed 3-27-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: November 15, 2005 (Volume 70, Number 219)]
[Notices]
[Page 69331]
[DOCID:fr15no05-45]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-79-000]

Questar Southern Trails Pipeline Company; Notice of Tariff Filing

November 8, 2005.
    Take notice that on November 4, 2005, Questar Southern Trails
Pipeline Company (Southern Trails), tendered for filing as part of its
FERC Gas Tariff, Original Volume No. 1, Third Revised Sheet No. 54,
with an effective date of December 5, 2005.
    Southern Trails states that copies of this filing were served upon
its customers and the public service commissions of Utah, New Mexico,
Arizona and California.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
 [FR Doc. E5-6287 Filed 11-14-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: March 30, 2009 (Volume 74, Number 59)]
[Notices]
[Page 14135-14137]
[DOCID:fr30mr09-61]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2008-N-0286]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Survey to Evaluate
FDA's Food Defense Awareness Initiative ALERT

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

DATES: Fax written comments on the collection of information by April
29, 2009.

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

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

SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Survey to Evaluate FDA's Food Defense Awareness Initiative ALERT

    In July 2006, FDA announced its Food Defense Awareness Initiative,
called ALERT (the letters stand for the five key components of the
initiative: assure, look, employees, report, and threat). The ALERT
initiative is intended to raise the awareness of State and local
government agencies and the food industry regarding food defense
issues. ALERT identifies five key points that industry and businesses
can use to decrease the risk of intentional food contamination at their
facility. The ALERT Web-based training module and more information on
ALERT are available at www.cfsan.fda.gov/~dms/defterr.html.
    Under section 903(b)(2) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 393(b)(2)), FDA is authorized to conduct research relating
to foods and to conduct educational and public information programs
relating to the safety of the nation's food supply. Under this
authority, FDA is planning to conduct a survey of first line
supervisors working in a range of capacities in the food industry about
their awareness and perceptions of the agency's ALERT initiative and
the ALERT initiative informational materials. The purpose of the survey
is to help FDA evaluate ALERT informational materials and to gauge
whether the materials succeed in informing food industry supervisory
employees about the risk of intentional food contamination and in
motivating them to engage in protective behaviors. The survey results
will be used to assess how knowledge and awareness, threat perceptions,
attitudes, norms, benefits and barriers affect the implementation of
the ALERT initiative.
    The data will be collected using a Web-based questionnaire. The
survey will employ a stratified sampling design. Using industry
networks and listings, we will randomly sample from databases of seven
industry groups (growers, packers, processors, warehouses,
transporters, retailers, and food service operators). We will stratify
within groups by organization size (small, medium, and large) based on
number of employees on the payroll, for a total random sample of 2,500
organizations. Participation in the survey is voluntary. Cognitive
interviews and a pre-test will be conducted prior to fielding the
survey.
    In the Federal Register of May 22, 2008 (73 FR 29759), FDA
published a 60-day notice requesting public comment on the information
collection provisions. No comments were received.
    FDA estimates the burden of this collection of information as
follows:

                                 Table 1.--Estimated Annual Reporting Burden\1\
----------------------------------------------------------------------------------------------------------------
                        No. of         Annual Frequency       Total Annual       Hours per
    Activity         Respondents         per Response          Responses          Response        Total Hours
----------------------------------------------------------------------------------------------------------------
Cognitive                         7                     1                  7                1                  7
 Interviews
----------------------------------------------------------------------------------------------------------------
Telephone                        28                     1                 28             0.10                  3
 Interview - Pre-
 test Invitation
----------------------------------------------------------------------------------------------------------------
Completed Pre-                   14                     1                 14             0.25                  4
 test
----------------------------------------------------------------------------------------------------------------
Telephone                     5,000                     1              5,000             0.10                500
 Interview -
 Survey
 Invitation
----------------------------------------------------------------------------------------------------------------
Completed Survey              2,500                     1              2,500             0.25                625
----------------------------------------------------------------------------------------------------------------
Total                                                                                1,139
----------------------------------------------------------------------------------------------------------------
\1\There are no capital costs or operating and maintenance costs associated with this collection of information.

    In the 60-day notice published on May 22, 2008, FDA estimated the
total burden hours to be 94 hours. FDA has made several changes to its
burden estimate, reflected in table 1 of this document. The agency
reduced the number of cognitive interviews from 10 to 7, added hours
for 28 telephone pre-test invitations, increased the number of pre-
tests from 10 to 14, added 5,000 survey invitations, and increased the
number of completed surveys from 200 to 2,500. The total burden hours
are estimated to be 1,138.3 (rounded to 1,139).
    Cognitive interviews will be conducted with seven participants. We
estimate that the cognitive interviews will take 60 minutes (1 hour) to
complete for a total of 7 hours. An invitation to take a pre-test will
be extended to 28 food-defense decision-makers; we estimate that it
will take respondents 6 minutes (0.10 hours) to respond to the
invitation and make arrangements to complete the pretest, for a total
of 2.8 hours (rounded to 3). Fourteen respondents will complete the
pre-test; we estimate that it will take respondents 15 minutes (0.25
hour) to complete the pretest for a total of 3.5 hours (rounded to 4).
An invitation to take the survey will be extended to 5,000 food defense
decision-makers; we estimate that it will take 6 minutes (0.10 hours)
to respond to the invitation and make arrangements to complete the
survey, for a total of 500 hours. Twenty-five hundred respondents will
complete the survey. We estimate that it will take a respondent 15
minutes (0.25 hours) to complete the entire survey, for a total of 625
hours. Thus, the total estimated burden is 1,138.3 hours (rounded to
1,139).

    FDA's burden estimate is based on prior experience with surveys
that are similar to this proposed survey.

    Dated: March 23, 2009.
Jeffrey Shuren,
Associate Commissioner for Policy and Planning.
[FR Doc. E9-7002 Filed 3-27-09; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register: March 31, 2010 (Volume 75, Number 61)]
[Rules and Regulations]
[Page 16005-16006]
[DOCID:fr31mr10-8]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2009-0840]
RIN 1625-AA09

Drawbridge Operation Regulation; Port of Coos Bay Railroad
Bridge, Coos Bay, North Bend, OR

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the drawbridge operation
regulation for the Coos Bay Railroad Bridge, Coos Bay, mile 9.0, at
North Bend, Oregon to delete the requirement for special sound signals
used in foggy weather and to change the name of the owner. The change
is necessary to make the sound signals used at the bridge consistent
with other bridges in the area and to eliminate the unnecessary special
sound signals.

DATES: This rule is effective April 30, 2010.

ADDRESSES: Comments and related materials received from the public, as
well as documents mentioned in this preamble as being available in this
docket are part of docket USCG-2009-0840 and are available online by
going to http://www.regulations.gov, inserting USCG-2009-0840 in the
``Keyword'' box, and then clicking ``Search''. This material is also
available for inspection or copying at the Docket Management Facility
(M-30), U.S. Department of Transportation, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001,
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 Austin Pratt, Chief, Bridge Section, Waterways Management
Branch, 13th Coast Guard; telephone<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On November 16, 2009, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulations; Port of Coos Bay
Railroad Bridge, Coos Bay, North Bend, OR, in the Federal Register (74
FR 58931). No comments were received on the proposed rule. No public
meeting was requested and none was held.

Background and Purpose

    This rule will remove the requirements at the Port of Coos Bay
Railroad Bridge, Coos Bay, mile 9.0, at North Bend, Oregon for a bell
to be rung continuously in foggy weather and that a siren be sounded in
foggy weather when the swingspan is closed. The movable span is
normally kept in the open position except for the passage of trains or
maintenance work. The rule will also change the regulation to reflect
the bridge's current owner as the Port of Coos Bay.
    The bell and siren at this drawbridge are not standard requirements
at drawbridges and there is nothing specific to this bridge that
currently warrants the continuance of these signals. Vessel traffic
through the swingspan includes tugs and tows and a variety of
recreational craft. Oceangoing ship traffic has diminished greatly in
recent decades.
    The operating regulations currently in effect for the bridge are
found at 33 CFR 117.871. These state that the bridge be maintained
normally in the open position except for the passage of trains or
maintenance. The aforementioned sound signals are also prescribed.

Discussion of Comments and Changes

    No comments on the proposed rule were received and no changes were
made to it.

Regulatory Analyses

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

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. The Coast Guard has made this finding
based on the fact that the rule will have no known impact on the
maritime public.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
would not have a significant economic impact on a substantial number of
small entities because it will have no known impact on any vessel
traffic.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the proposed rule so that they
can better evaluate its effects on them and participate in the
rulemaking process.

Collection of Information

    This rule would call for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

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 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

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

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.

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 would not create an
environmental risk to health or risk to safety that might
disproportionately affect children.

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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of Information and Regulatory Affairs has
not designated this as a significant energy action. Therefore, it does
not require a Statement of Energy Effects under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guides the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that this action is one of a category of actions which do not
individually or cumulatively have a significant effect on the human
environment. This rule is categorically excluded, under figure 2-1,
paragraph (32)(e), of the Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule.

List of Subjects in 33 CFR Part 117

    Bridges.

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

     Authority:  33 U.S.C. 499; 33 CFR 1.05-1; Department of
Homeland Security Delegation No. 0170.1.2.

0
2. Revise Sec.  117.871 to read as follows:

Sec.  117.871  Coos Bay.

    The draw of the Port of Coos Bay railroad bridge, mile 9.0 at North
Bend, shall be maintained in the fully open position, except for the
crossing of trains or maintenance.

    Dated: March 11, 2010.
G.T. Blore,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. 2010-7159 Filed 3-30-10; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 83, Number 55 (Wednesday, March 21, 2018)]
[Notices]
[Pages 12398-12399]
[FR Doc No: 2018-05659]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-D-6580]

Drug Products Labeled as Homeopathic; Draft Guidance for Staff
and Industry; Availability; Extension of Comment Period

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability; extension of comment period.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is extending
the comment period for the notice entitled ``Drug Products Labeled as
Homeopathic; Draft Guidance for Food and Drug Administration Staff and
Industry; Availability'' that appeared in the Federal Register of
December 20, 2017. The Agency is taking this action to allow interested
persons additional time to submit comments.

DATES: FDA is extending the comment period on the notice published
December 20, 2017 (82 FR 60403). Submit either electronic or written
comments on the draft guidance by May 21, 2018, to ensure that the
Agency considers your comment on this draft guidance before it begins
work on the final version of the guidance.

ADDRESSES: You may submit comments on any guidance at any time as
follows:

Electronic Submissions

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

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2017-D-6580 for ``Drug Products Labeled as Homeopathic; Draft
Guidance for Staff and Industry; Availability; Extension of Comment
Period.'' Received comments will be placed in the docket and, except
for those submitted as ``Confidential Submissions,'' publicly viewable
at https://www.regulations.gov or at the Dockets Management Staff
between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.
    You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
    Submit written requests for single copies of the draft guidance to
the Division of Drug Information, Center for Drug Evaluation and
Research, Food and Drug Administration, 10001 New Hampshire Ave.,
Hillandale Building, 4th Floor, Silver Spring, MD 20993-0002; or to the
Office of Communication, Outreach and Development, Center for Biologics
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 71, Rm. 3128, Silver Spring, MD 20993-0002. Send
one self-addressed adhesive label to assist that office in processing
your requests. See the SUPPLEMENTARY INFORMATION section for electronic
access to the draft guidance document.

FOR FURTHER INFORMATION CONTACT: Elaine Lippmann, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, Rm. 6238, Silver Spring, MD 20993-0002, 301-
796-3600; or Stephen Ripley, Center for Biologics Evaluation and
Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
71, Rm. 7301, Silver Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    In the Federal Register of December 20, 2017 (82 FR 60403), FDA
published a notice with a 90-day comment period to request comments on
the draft guidance for industry and staff entitled ``Drug Products
Labeled as Homeopathic.'' FDA is extending the comment period until May
21, 2018. The Agency believes that a 60-day extension allows adequate
time for interested persons to submit comments without significantly
delaying publication of the final version of the guidance.

II. Electronic Access

    Persons with access to the internet may obtain the draft guidance
at https://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/

Guidances/default.htm, https://www.fda.gov/BiologicsBloodVaccines/GuidanceComplianceRegulatoryInformation/Guidances/default.htm, or
https://www.regulations.gov.

    Dated: March 15, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-05659 Filed 3-20-18; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 85, Number 41 (Monday, March 2, 2020)]
[Rules and Regulations]
[Pages 12224-12226]
[FR Doc No: 2020-03508]

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

40 CFR Part 31

[FRL-10005-45-OECA]
RIN 2020-AA53

On-Site Civil Inspection Procedures

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is promulgating this rule of Agency procedure to fulfill
the objectives outlined in the October 9, 2019 Executive Order (E.O.)
13892, Promoting the Rule of Law Through Transparency and Fairness in
Civil Administrative Enforcement and Adjudication. This rule describes
certain Agency procedures for conducting on-site civil inspections, as
contemplated by section 7 of E.O. 13892, Ensuring Reasonable
Administrative Inspections. This rule applies to on-site civil
inspections conducted by federally credentialed EPA civil inspectors,
federally credentialed contractors and Senior Environmental Employment
(SEE) employees conducting inspections on behalf of EPA.

DATES: This rule is effective March 2, 2020.

FOR FURTHER INFORMATION CONTACT: Chad Carbone<PHONE_NUMBER>), Office
Enforcement and Compliance Assurance (2221A), U.S. Environmental
Protection Agency, Washington, DC 20460; telephone number: (202) 564-
2523; fax number:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The following outline is provided to assist
the reader in locating topics of interest in the rule.

Table of Contents

I. General Information
    A. Does this action apply to me?
    B. What action is the Agency taking?
    C. What is the Agency's authority for taking the action?
II. Background
    A. General Overview of On-Site Civil Inspections
    1. Timing of Inspections and Facility Notification
    2. Inspector Qualifications
    3. Obtaining Consent to Enter
    4. Opening Conference
    5. Physical Inspection
    6. Managing Confidential Business Information (CBI)
    7. Interview Facility Personnel
    8. Records Review
    9. Sampling
    10. Closing Conference
    B. Inspection Report
III. Statutory and Executive Order Reviews

I. General Information

A. Does this action apply to me?

    This rule applies to all federally credentialed EPA civil
inspectors, federally credentialed contractors and Senior Environmental
Employment (SEE) employees conducting inspections on behalf of EPA. As
an internal rule of Agency procedure, the rule does not apply to
federally credentialed state and tribal inspectors conducting
inspections on EPA's behalf. This rule describes certain important
aspects of the Agency's process of conducting on-site civil inspections
and does not alter the rights or interests of parties or any person or
entity outside the EPA.

B. What action is the Agency taking?

    The purpose of this rulemaking is to provide direction to agency
personnel on how to conduct EPA on-site civil administrative
inspections, as required by section 7 of E.O. 13892, entitled Ensuring
Reasonable Administrative Inspections, and which states: ``Within 120
days of the date of this order, each agency that conducts civil
administrative inspections shall publish a rule of agency procedure
governing such inspections, if such a rule does not already exist. Once
published, an agency must conduct inspections of regulated parties in
compliance with the rule.'' This rulemaking addresses the common
elements applicable to on-site civil inspections for compliance with
all of the environmental laws that EPA implements. The specific
activities that may occur during an inspection may vary depending on
the facility and the statutory authority upon which the inspection is
based. It is also important to note that EPA inspections are only one
type of compliance monitoring activity that EPA conducts in order to
help evaluate compliance. The primary focus of inspections is on
recording observations and gathering information. As such, compliance
determinations are an independent process that rely upon a myriad of
information and are reviewed by Agency attorneys and management.

C. What is the Agency's authority for taking the action?

    EPA's authority to issue this procedural rule is contained in the:
Clean Air Act (CAA): 42 U.S.C. 7414, 7525, 7542, 7603, 7621; Clean
Water Act (CWA): 33 U.S.C. 1318, 1321, 1364, 1367; Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA)
(Superfund): 42 U.S.C. 9604, 9606, 9622, Executive Order 12580, section
2(j)(2); Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA): 7
U.S.C. 136; Resource Conservation and Recovery Act (RCRA): 42 U.S.C.
6908, 6912, 6927, 6928, 6934, 6971, 6973, 6991, 6992; Safe Drinking
Water Act (SDWA): 42 U.S.C. 300; and the Toxic Substances Control Act
(TSCA): 15 U.S.C. 2610. EPA is also issuing this rule under its
housekeeping authority. Section 301 of Title 5 U.S.C. authorizes an
agency head to prescribe regulations governing his or her department
and the performance of its business, among other purposes. EPA gained
housekeeping authority through the Reorganization Plan No. 3 of 1970,
84 Stat. 2086 (July 9, 1970), as recognized by the U.S. Department of
Justice Office of Legal Counsel. See ``Authority of EPA to Hold
Employees Liable for Negligent Loss, Damage, or Destruction of
Government Personal Property,'' 32 O.L.C. 79, 2008 WL 4422366 at *4
(May 28, 2008). As a rule of Agency procedure this rule is exempt from
the notice and comment requirements set forth in the Administrative
Procedure Act. See 5 U.S.C. 553(b)(A).

II. Background

A. General Overview of On-Site Civil Inspections

    Below is a general overview of the process for conducting on-site
civil inspections. To ensure greater transparency and clearer direction
to its inspectors, the Agency is codifying the major elements of
inspections it carries out in its civil enforcement of environmental
laws. (This rule does not apply to investigations of environmental
crimes.) This overview also provides information regarding additional
activities that may occur during the civil inspection process.
1. Timing of Inspections and Facility Notification
    EPA inspectors should generally conduct inspections during the
facility's normal work hours. However, there may be circumstances which
require EPA inspectors to access, monitor, or observe specific
operations or activities at other times. Where possible, for announced

inspections, EPA inspectors shall take reasonable steps to work with
the facility to agree on a workable schedule for accessing areas for
the inspection. EPA inspectors have the authority to conduct, and do
conduct, inspections with or without prior notice to a facility.
2. Inspector Qualifications
    EPA inspectors must hold a valid credential to perform the
inspection. EPA credentials are issued to inspectors that have
completed training relevant to the statutory programs under which they
will inspect and training for health and safety hazards they may
encounter or experience while conducting inspections.
3. Obtaining Consent To Enter
    Upon arrival at a facility, EPA inspectors shall present their
valid EPA Inspector Credentials to a facility employee, describe the
authority and purpose of the inspection, and where possible seek the
facilities' consent to enter. Inspectors are required under certain
statutes to advise facility personnel that they can deny entry, but EPA
may then seek a warrant for entry.
    EPA inspectors should not sign a facility release of liability
(waiver) or any statement limiting EPA's use of information. However,
the EPA inspector can sign a ``visitors log sheet,'' if there are no
limitations printed on the sheet. EPA inspectors are not authorized to
relinquish their EPA Inspector Credential. EPA inspectors are also not
authorized to relinquish their personally identifiable information
(e.g., driver's license), except in certain circumstances to obtain
Federal Facility security access. Finally, some statutes also require
the facility to sign a ``Notice of Inspection'' form at the time of
entry.
4. Opening Conference
    The EPA inspector shall request an opening conference with
available facility representatives or employees, where practicable.
This may not be possible, for example, where facility personnel are not
on-site or where the site is geographically isolated, and no facility
or staff are located nearby. The opening conference will commence as
early as possible upon arrival at the facility, unless there are
specific reasons why that is not feasible or conflicts with the
inspection objectives. The EPA inspector shall discuss the overall
objectives of the inspection and establish him or herself as a
spokesperson for EPA during the inspection. EPA inspectors may request
access to/copies of facility records and request to interview facility
employees, as necessary. EPA inspectors may also ask facility personnel
for an overview of plant operations, potential site-specific health and
safety hazards, confirm whether the inspection requires access to
specific portions of the facility, and obtain a site map indicating the
locations where potentially regulated activities are conducted.
    If the facility is a small business, EPA inspectors will offer a
Small Business Resources Information Sheet that provides an array of
resources to help small businesses understand and comply with federal
and state environmental laws. In addition to helping small businesses
understand their environmental obligations and improve compliance,
these resources may also help such businesses find cost-effective ways
to comply through pollution prevention techniques and innovative
technologies.
5. Physical Inspection
    EPA inspectors shall inspect the areas, units, sources and
processes relevant to the scope of the inspection. The inspectors will
generally document their observations with photos and notes.
6. Managing Confidential Business Information (CBI)
    Pursuant to existing statutory and regulatory requirements,
inspectors shall complete appropriate, statute-specific, CBI training
before managing CBI. The EPA inspectors shall manage all CBI claims
made by a facility during an inspection in accordance with 40 CFR part
2, subpart B.
7. Interview Facility Personnel
    EPA inspectors may conduct interviews of facility personnel as
appropriate. Interviews may include, but are not limited to, the
environmental contacts, process operators, contractors, maintenance
personnel, process engineers, control room operators, and other
employees working in the area(s) of interest. EPA inspectors should
document names and titles of all facility personnel interviewed
including the places and dates in which these interviews occurred.
8. Records Review
    Once the records requested by the EPA inspector are assembled, the
EPA inspector shall review any records relevant to the facility
inspection/field investigation. EPA inspectors may request copies of
many different types of records (paper, electronically scanned,
downloaded or recorded through other digital storage devices), when
appropriate, and record copies of records taken from the facility. An
EPA inspector may request records before, during, or after an
inspection.
9. Sampling
    EPA inspectors may take samples when appropriate. Where applicable
and practicable, during the opening conference, the inspector shall
offer facility personnel the opportunity to obtain split samples or to
collect duplicate samples.
10. Closing Conference
    EPA inspectors shall offer a closing conference with available
facility employees, as practicable. A closing conference may not be
possible where, for example, an inspection is conducted at a
geographically isolated portion of the facility and no facility staff
are located nearby. If a closing conference is possible and
appropriate, EPA inspectors will discuss any outstanding questions or
missing documents and the process for follow up. EPA inspectors may
also discuss next steps and how the facility will be contacted on the
results of the inspection and identify the appropriate point of contact
for further communication and coordination. EPA inspectors may also
summarize any potential ``areas of concern'' identified in the
inspection.

B. Inspection Report

    After an inspection, EPA shall share an inspection report with the
facility. The content and format of the report may vary depending on
the facility, type of the inspection, and the statutory authority upon
which the inspection is based. The inspection report may be a
narrative, form, checklist, letter, email message or other type of
document.

III. Statutory and Executive Order Reviews

A. Executive Orders 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is exempt from review by the Office of Management and
Budget (OMB) because it is limited to agency organization, management
or personnel matters.

B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs

    This action is not an Executive Order 13771 regulatory action
because it relates to ``agency organization, management or personnel.''

C. Paperwork Reduction Act (PRA)

    This action does not contain any information collection activities
and

therefore does not impose an information collection burden under the
PRA.

D. Regulatory Flexibility Act (RFA)

    This action is not subject to the RFA. The RFA applies only to
rules subject to notice and comment rulemaking requirements under the
Administrative Procedure Act (APA), 5 U.S.C. 553, or any other statute.
This rule pertains to agency management or personnel, which the EPA
expressly exempts from notice and comment rulemaking requirements under
5 U.S.C. 553(a)(2).

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1536, and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local or tribal governments or the private sector.

F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
a substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.

G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications as specified in
Executive Order 13175.

H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that EPA has reason to believe may disproportionately affect children,
per the definition of ``convered regulatory action'' in section 2-202
of the Executive Order. This action is not subject to Executive Order
13045 because it does not concern an environmental health risk or
safety risk.

I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use

    This action is not a ``significant energy action'' because it is
not likely to have a significant adverse effect on the supply,
distribution or use of energy.

J. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    This action is not subject to Executive Order 12898 (59 Fed 7629,
Feb. 16, 1994) because it does not establish an environmental health or
safety standard.

L. Congressional Review Act (CRA)

    This rule is exempt because it is a rule of agency organization,
procedure, or practice that does not substantially affect the rights or
obligations of non-agency parties.

List of Subjects in 40 CFR Part 31

    Environmental protection, On-site civil inspection procedures.

    Dated: February 6, 2020.
Andrew R. Wheeler,
Administrator.

0
For the reasons set forth in the preamble, EPA adds 40 CFR part 31,
consisting of Sec.  31.1, to subchapter A to read as follows:

PART 31--ON-SITE CIVIL INSPECTION PROCEDURES

    Authority: Clean Air Act 42 U.S.C. 7414, 7525, 7542, 7603, 7621;
Clean Water Act 33 U.S.C. 1318, 1321, 1364, 1367; Comprehensive
Environmental Response, Compensation, and Liability Act 42 U.S.C.
9604, 9606, 9622, Executive Order 12580, section 2(j)(2); Federal
Insecticide, Fungicide, and Rodenticide Act 7 U.S.C. 136; Resource
Conservation and Recovery Act 42 U.S.C. 6908, 6912, 6927, 6928,
6934, 6971, 6973, 6991, 6992; Safe Drinking Water Act 42 U.S.C. 300;
Toxic Substances Control Act 15 U.S.C. 2610; 5 U.S.C. 301; and
Reorganization Plan No. 3 of 1970, 84 Stat. 2086.

Sec.  31.1  Procedures conducted by EPA for on-site civil inspections.

    (a) All on-site civil inspections by EPA inspectors shall be
conducted in accordance with this part. For purposes of this part, all
references throughout to ``inspection'' or ``inspections'' refer to on-
site civil inspections; this part does not apply to criminal
inspections or investigations of environmental crimes.
    (b) EPA inspections shall take place at such times and in such
places as appropriate.
    (c) At the beginning of an inspection, EPA inspectors shall present
their credentials to the owner, operator, or agent in charge at the
facility or site, if available. EPA inspectors shall generally explain
the nature and purpose of the inspection; offer an opening conference;
confirm any safety hazards; and indicate generally the scope of the
inspection and the records which they wish to review. However, such
designation of records shall not preclude access to additional records.
    (1) During the opening conference, EPA inspectors shall, where
applicable and practicable, offer facility personnel the opportunity to
obtain split samples or to collect duplicate samples.
    (2) If the facility is a small business, EPA inspectors shall offer
a Small Business Resources Information Sheet to help small businesses
understand and comply with federal and state environmental laws.
    (d)(1) EPA inspectors shall document observations, and, as
appropriate, take environmental or other samples and take or obtain
photographs and copies of documents related to the purpose of the
inspection, and employ other reasonable investigative techniques.
    (2) Where possible, EPA inspectors shall interview the owner,
operator, agent or employee of an establishment. Reasonable
investigative techniques include, but are not limited to, the use of
monitoring devices/equipment to measure releases to the environment.
    (e) EPA inspectors shall take reasonable precautions to ensure
actions conducted during inspections will not cause hazardous
situations, and, where appropriate, wear and use appropriate protective
clothing and equipment.
    (f)(1) At the conclusion of an inspection, EPA inspectors shall
offer a closing conference, where practicable, to confer with the
facility/site representative and informally advise them of any
observations, potential deficiencies and concerns discovered by the
inspection, as applicable.
    (2) During such conference, the facility/site representative shall
be afforded an initial opportunity to bring to the attention of the EPA
inspector any pertinent information regarding the potential concerns
identified.
    (g) After an inspection, EPA shall prepare an inspection report and
share it with the facility. The content and format of the report may
vary.

[FR Doc. 2020-03508 Filed 2-28-20; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 175 (Thursday, September 10, 2015)]
[Proposed Rules]
[Pages 54444-54446]
[FR Doc No: 2015-22827]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2015-2776; Airspace Docket No. 15-AEA-5]
RIN 2120-AA66

Proposed Amendment and Establishment of Restricted Areas;
Chincoteague Inlet, VA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to expand the restricted airspace at
Chincoteague Inlet, VA, to support the National Aeronautics and Space
Administration's (NASA) Wallops Island Flight Facility requirements.
The proposed expansion would add 3 new restricted areas, designated R-
6604C, R-6604D, and R-6604E. Additionally, a minor change would be made
to 2 points in the boundary of existing area R-6604A to match the
updated 3 nautical mile (NM) line from the shoreline of the United
States (U.S.) as provided by the National Oceanic and Atmospheric
Administration (NOAA).

DATES: Comments must be received on or before October 26, 2015.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, M-30, 1200 New Jersey Avenue SE.,
West Building Ground Floor, Room W12-140, Washington, DC 20590-0001;
telephone:<PHONE_NUMBER>. You must identify FAA Docket No. FAA-2015-
2776 and Airspace Docket No. 15-AEA-5, at the beginning of your
comments. You may also submit comments through the Internet at http://www.regulations.gov. Comments on environmental and land use aspects to
should be directed to: NASA Wallops Flight Facility, Attn: Ms. Shari
Silbert, Wallops Island, VA 23337; telephone:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace Policy and
Regulations Group, Office of Airspace Services, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591;
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    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 Subtitile VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the 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 would establish restricted airspace at Wallops Island,
VA, to contain activities deemed hazardous to nonparticipating
aircraft.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA-2015-2776 and Airspace Docket No. 15-AEA-5) and be submitted in
triplicate to the Docket Management System (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at http://www.regulations.gov.
    Persons wishing the FAA to acknowledge receipt of their comments on
this action must submit with those comments a self-addressed, stamped
postcard on which the following statement is made: ``Comments to FAA
Docket No. FAA-2015-2776 and Airspace Docket No. 15-AEA-5.'' The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date
for comments will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the closing date
for comments. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person at the Dockets
Office (see ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal
holidays. An informal docket may also be examined during normal
business hours at the office of the Operations Support Group, Eastern
Service Center, Federal Aviation Administration, 1701 Columbia Ave.,
College Park, GA 30337.
    Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 73 to establish
three new restricted areas, designated R-6604C, R-6604D and R-6604E, at
the NASA Wallops Island Flight Facility in Virginia. The new areas
would abut the existing restricted areas (R-6604A and R-6604B) and be
used to contain a wide variety of test activities deemed to pose a
hazard to nonparticipating aircraft. These activities include, but are
not limited to, high-risk test profiles by heavily modified test
aircraft, testing of emitters that could induce harmful electromagnetic
interference effects on nonparticipating aircraft, non-eye-safe laser
firings, and external stores separation testing. The following is a
general description of the proposed areas.
    R-6604C would overlie the Wallops Flight Facility airfield and
would be contained entirely within the Wallops Flight Facility property
boundary. It would extend from the surface up to 3,500 feet mean sea
level (MSL).
    R-6604D would extend from 100 feet above ground level (AGL) up to
3,500 feet MSL. It would be located between the western boundary of R-
6604B and VOR Federal airway V-139 and would also extend approximately
15 NM to the northeast of the R-6604A/R-6604B northern boundary.
    R-6604E would extend from 700 feet AGL up to 3,500 feet MSL. It
would be located between the western boundaries of R-6604A and R-6604B
and VOR Federal airway V-139.
    All 3 of the proposed new areas would be activated by the issuance
of a Notice to Airmen (NOTAM). Specific times of designation were not
proposed for R-6604C, D and E due to the variable nature of test
programs.
    In addition to the above, 2 points in the boundary of R-6604A that
intersect a line 3 NM from the shoreline of the U.S. shoreline would be
adjusted to reflect NOAA's updated calculation of the U.S. shoreline.
    The configuration of the proposed restricted areas was designed to
allow for activation of only that portion of the complex required for
the specific test profile being conducted. As is the current practice
with R-6604A and R-6604B, when the proposed restricted areas are not
required by the using agency, the airspace would be returned to the
controlling agency for access by other aviation users.
    Note that the existing areas (R-6604A and R-6604B) will continue to
be used, as in the past, for missile and rocket launches, aircraft
systems development, expendable launch vehicles, lasers, RPV, and other
test programs.
    Color charts showing the location of the proposed restricted areas
will be posted on the internet at http://www.regulations.gov. Search
docket no. FAA-2015-2776 to view the charts.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.

Therefore, this proposed regulation: (1) Is not a ``significant
regulatory action'' under Executive Order 12866; (2) is not a
``significant rule'' under Department of Transportation (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 proposed 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.

Environmental Review

    This proposal will be subjected to an environmental analysis in
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies
and Procedures,'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 73

    Airspace, Prohibited areas, Restricted areas.

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 73 as follows:

PART 73--SPECIAL USE AIRSPACE

0
1. The authority citation for part 73 continues 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.  73.66  [Amended]

0
2. Section 73.66 is amended as follows:
* * * * *

R-6604A Chincoteague Inlet, VA [Amended]

    By removing the current boundaries and inserting the following
in its place:
    Boundaries. Beginning at lat. 37[deg]55'25'' N., long.
75[deg]24'54'' W.; to lat. 37[deg]51'31'' N., long. 75[deg]17'16''
W.; then along a line 3 NM from and parallel to the shoreline to
lat. 37[deg]39'20'' N., long. 75[deg]31'19'' W.; to lat.
37[deg]47'00'' N., long. 75[deg]31'18'' W.; to lat. 37[deg]51'00''
N., long. 75[deg]29'36'' W.; to the point of beginning.

R-6604C Chincoteague Inlet, VA [New]

    Boundaries. Beginning at lat. 37[deg]56'57'' N., long.
75[deg]28'37'' W.; to lat. 37[deg]56'54'' N., long. 75[deg]26'56''
W.; to lat. 37[deg]56' 23'' N., long. 75[deg]26' 46'' W.; to lat.
37[deg]56' 45'' N., long. 75[deg]27'29'' W.; to lat. 37[deg]55'15''
N., long. 75[deg]28'23'' W.; to lat. 37[deg]55'15'' N., long.
75[deg]28'39'' W.; to lat. 37[deg]56'32'' N., long. 75[deg]29'18''
W.; to the point of beginning.
    Designated altitudes. Surface to 3,500 feet MSL.
    Time of designation. By NOTAM.
    Controlling agency. U.S. Navy, Patuxent River Radar Approach
Control.
    Using agency. Chief, Wallops Station, National Aeronautics and
Space Administration, Wallops Island, VA.

R-6604D Chincoteague Inlet, VA [New]

    Boundaries. Beginning at lat. 38[deg]01'42'' N., long.
75[deg]29'28'' W.; to lat. 38[deg]07'12'' N., long. 75[deg]14'48''
W.; to lat. 38[deg]04'36'' N., long. 75[deg]08'07'' W.; thence 3 NM
from and parallel to the shoreline to lat. 37[deg]51'31'' N., long.
75[deg]17'16'' W.; to lat. 37[deg]56'45'' N., long. 75[deg]27'29''
W.; to lat. 37[deg]53'55'' N., long. 75[deg]29'11'' W.; to lat.
37[deg]55'40'' N., long. 75[deg]33'27'' W.; to the point of
beginning; excluding R-6604C.
    Designated altitudes. 100 feet AGL to 3,500 feet MSL.
    Time of designation. By NOTAM.
    Controlling agency. U.S. Navy, Patuxent River Radar Approach
Control.
    Using agency. Chief, Wallops Station, National Aeronautics and
Space Administration, Wallops Island, VA.

R-6604E Chincoteague Inlet, VA [New]

    Boundaries. Beginning at lat. 37[deg]55'40'' N., long.
75[deg]33'27'' W.; to lat. 37[deg]53'55'' N., long. 75[deg]29'11''
W.; to lat. 37[deg]50'24'' N., long. 75[deg]31'19'' W.; to lat.
37[deg]39'20'' N., long. 75[deg]31'19'' W.; to lat. 37[deg]38'57''
N., long. 75[deg]31'31'' W.; to lat. 37[deg]46'55'' N., long.
75[deg]39'13'' W.; to the point of beginning.
    Designated altitudes. 700 feet AGL to 3,500 feet MSL.
    Time of designation. By NOTAM.
    Controlling agency. U.S. Navy, Patuxent River Radar Approach
Control.
    Using agency. Chief, Wallops Station, National Aeronautics and
Space Administration, Wallops Island, VA.
* * * * *

    Issued in Washington, DC on September 1, 2015.
Gary A. Norek,
Manager, Airspace Policy and Regulations Group.
[FR Doc. 2015-22827 Filed 9-9-15; 8:45 am]
 BILLING CODE 4910-13-P