[Federal Register Volume 88, Number 156 (Tuesday, August 15, 2023)]
[Rules and Regulations]
[Pages 55371-55373]
[FR Doc No: 2023-17491]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0648]
RIN 1625-AA00

Safety Zone; Ohio River, Mile Markers 46 to 46.5, St. Albans, WV

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
the City of Nitro Labor Day Fireworks Display occurring on September 3,
2023, on the Kanawha River, Nitro, WV. The safety zone will cover all
navigable waters between mile marker 46 and 46.5

to protect personnel, vessels, and the marine environment from
potential hazards associated with a fireworks event. Entry of vessels
or persons into this zone is prohibited unless specifically authorized
by the Captain of the Port Sector Ohio Valley (COTP) or a designated
representative.

DATES: This rule is effective from 9 through 10 p.m. on September 3,
2023.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0648 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Chelsea Zimmerman, Marine Safety Unit
Huntington, U.S. Coast Guard, telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because publishing an NPRM would be
impracticable. A safety zone is needed to alleviate safety concerns
associated with a fireworks display. It is impracticable to publish an
NPRM because we must establish this safety zone by September 3, 2023,
and lack sufficient time to provide a reasonable comment period and
then consider those comments before issuing the rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable and contrary to the public interest
because we must establish the safety zone by September 3, 2023 in order
to protect personnel, vessels, and the marine environment from the
potential safety hazards associated with a fireworks display.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Sector Ohio Valley (COTP) has determined
that safety needs associated with the City of Nitro Labor Day Fireworks
Display on September 3, 2023, present a safety concern. The purpose of
this rulemaking is to ensure the safety of the public surrounding
regulated area before, during, and after the fireworks event.

IV. Discussion of the Rule

    This rule establishes a safety zone that will be enforced from 9
until 10 p.m. on September 3, 2023. The safety zone will cover all
navigable waters between mile markers 46 to 46.5 on the Kanawha River.
The duration of the zone is intended to protect personnel, vessels, and
the marine environment in these navigable waters during the fireworks
display. No vessel or person will be permitted to enter the safety zone
without obtaining permission from the COTP or a designated
representative. A designated representative means a Coast Guard Patrol
Commander, including a Coast Guard coxswain, petty officer, or other
officer operating a Coast Guard vessel and a Federal, State, and local
officer designated by or assisting the Captain of the Port Sector Ohio
Valley (COTP) in the enforcement of the safety zone.
    Persons or vessels seeking to enter the safety zone must request
permission from the COTP on VHF-FM channel 16 or by telephone at 1-502-
779-5424. If permission is granted, all persons and vessels shall
comply with the instructions of the COTP or designated representative.
    The COTP or a designated representative will inform the public of
the enforcement times and date for this safety zone through Broadcast
Notices to Mariners, Local Notices to Mariners, and/or Safety Marine
Information Broadcasts as appropriate.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
    This regulatory action determination is based on the size,
location, duration, and time-of-day of the regulated area. This rule is
limited to the Kanawha River from mile 46 to 46.5 on September 3, 2023,
and will be enforced only for a one-hour duration. Moreover, the Coast
Guard will issue Broadcast Notice to Mariners via VHF-FM marine channel
16 about the regulated area and the rule allows vessels to seek
permission to enter the area.

B. Impact on Small Entities

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

Regulatory Enforcement Ombudsman and the Regional Small Business
Regulatory Fairness Boards. The Ombudsman evaluates these actions
annually and rates each agency's responsiveness to small business. If
you wish to comment on actions by employees of the Coast Guard, call 1-
888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate
against small entities that question or complain about this rule or any
policy or action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves
establishing a temporary safety zone lasting only one hour on the
Kanawha River at mile 41.5 to 42.5 on September 3, 2023. It is
categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
Record of Environmental Consideration supporting this determination is
available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.

0
2. Add Sec.  165.T08-0648 to read as follows:

Sec.  165.T08-0648  Safety Zone; Kanawha River, Mile Markers 46 to
46.5, St. Albans, WV.

    (a) Location. The following area is a safety zone: all navigable
waters of the Kanawha River from mile marker 46 to mile marker 46.5,
extending the entire width of the river.
    (b) Definitions. Designated representative means a Coast Guard
Patrol Commander (PATCOM), including a Coast Guard coxswain, petty
officer, or other officer operating a Coast Guard vessel and a Federal,
State, and local officer designated by or assisting the Captain of the
Port Ohio Valley (COTP) in the enforcement of the regulations in this
section.
    (c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative. The Coast Guard may patrol the event
area under the direction of a designated Coast Guard Patrol Commander.
    (2) To seek permission to enter, the COTP or the COTP's
representative may be contacted on Channel 16 VHF-FM (156.8 MHz) by the
call sign ``PATCOM'', or phone at 1-502-779-5424. Those in the safety
zone must comply with all lawful orders or directions given to them by
the COTP or the COTP's designated representative.
    (3) The Patrol Commander may forbid and control the movement of all
vessels in the regulated area. When hailed or signaled by an official
patrol vessel, a vessel shall come to an immediate stop and comply with
the directions given. Failure to do so may result in expulsion from the
area, citation for failure to comply, or both.
    (4) The Patrol Commander may terminate the event or the operation
of any vessel at any time it is deemed necessary for the protection of
life or property.
    (5) The COTP will provide notice of the regulated area through
advanced notice via local notice to mariners and broadcast notice to
mariners and by on-scene designated representatives.
    (d) Enforcement period. This section will be enforced from 9 to 10
p.m. on September 3, 2023.

    Dated: August 3, 2023.
H.R. Mattern,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2023-17491 Filed 8-14-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 77, Number 23 (Friday, February 3, 2012)]
[Notices]
[Pages 5616-5617]
[FR Doc No: 2012-2464]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Proposed Technical Standard Order (TSO)-C151c, Terrain Awareness
and Warning System (TAWS)

ACTION: Notice of availability and request for public comment.

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SUMMARY: This notice announces the availability of, and request for
public comments on a second draft of Technical Standard Order (TSO)-
C151c, Terrain Awareness and Warning System. Comments received from the
initial June 2011 release, resulted in changes to the proposed document
significant enough to require this public comment offering.

DATES: Comments must be received on or before March 5, 2012.

ADDRESSES: Send all comments on the proposed technical standard order
to: Federal Aviation Administration (FAA), Aircraft Certification
Service, Aircraft Engineering Division, Avionics Systems Branch (AIR-
130), 470 L'Enfant Plaza, Suite 4102, Washington, DC 20024. Attn. Ms.
Charisse Green. Or you may hand deliver comments to 470 L'Enfant Plaza,
Suite 4102, Washington, DC 20024.

FOR FURTHER INFORMATION CONTACT: Ms. Charisse Green, AIR-130, Federal
Aviation Administration, 470 L'Enfant Plaza, Suite 4102, Washington, DC
20024. Telephone<PHONE_NUMBER>, fax<PHONE_NUMBER>, email to:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    You are invited to comment on the proposed revised TSO by
submitting written data, views, or arguments to the above address.
Comments received may be examined, both before and after the closing
date at the above address, weekdays except federal holidays, between
8:30 a.m. and 4:30 p.m. The Director, Aircraft Certification Service,
will consider all comments received on or before the closing date.

Background

    The initial public offering of the draft TSO-C151c offered the
following changes:
    a. Clarification of the 500 foot altitude call out requirement for
Class A TAWS equipment.
    b. Addition of Localizer Performance with Vertical guidance (LPV)
and Global Navigation Satellite System (GNSS) Landing System (GLS)
glidepath alerting to the Ground Proximity Warning System (GPWS) Mode 5
glideslope alert.
    c. Elimination of the provision to adjust or modify the GPWS
envelopes to minimize nuisance alerts based on Forward-Looking Terrain
Avoidance (FLTA) and Premature Descent Alert (PDA) functionality
without a deviation.
    d. Allowances for eliminating GPWS nuisance alerts (Appendix 1,
paragraph 3.4).
    e. Requirement for the primary horizontal position source to be
GPS, to ensure utilization of the most accurate and consistent
horizontal position data.
    f. Addition of velocity and vertical GPS reporting requirement to
inhibit alerting when GPS position is invalid, unless a backup position
source is in use.
    The FAA received numerous comments on: (1) The 500 foot altitude
call out; (2) the elimination of the GPWS envelope modification
allowance; (3) the GPS horizontal position source requirement; and (4)
the position source requirements. A summary of those public comments
and the FAA's resolution are included with the second draft of TSO-
C151c.
    This announcement requesting comments to the revised proposed TSO-
C151c, contains the following significant changes:
    a. Alert suppression for Required Navigation Performance (RNP)
requirements are added to Appendix 1, Paragraph 3.1.4.
    b. The allowance in TSO-C151b to adjust or modify the GPWS alerting
thresholds is restored in the current version of TSO-C151c. (We provide
clarifying language that deviations need to be accomplished in
accordance with Title 14 of the Code of Federal Regulations (14 CFR)
21.618.)
    c. The requirement in the initial proposal of TSO-C151c, requiring
the Class A 500 ft voice call out on all approaches is changed to the
TSO-C151b requirement, for the Class A 500 ft voice call out on non-
precision approaches only.
    d. TSO-C151b and the first offering of the proposed TSO-C151c, both
allowed for the 500 ft callout to be made based on radar altimeter
height above terrain, or by a comparison of current altitude
(barometric or GNSS) above the runway threshold height. This revised
proposed TSO-C151c allows the 500 ft voice call out to be the current
altitude (barometric or GNSS) above the runway threshold height. Note
that in the current proposal, the allowance to make the voice callout
based solely on a radio altimeter height above terrain is removed. The
rationale is that all TAWS equipped aircraft will annunciate the
altitude call referenced to the runway

threshold height, allowing for consistency in the altitude call out.
    e. Clarification of TAWS position requirements (See Proposed
Paragraphs 5.0 through 5.6).
    f. All GPS requirements are unchanged from the TSO-C151b
requirement.

How To Obtain Copies

    A copy of the proposed TSO-C151c may be obtained via the
information contained in the section titled FOR FURTHER INFORMATION
CONTACT, or from the FAA Internet Web site at: http://www.faa.gov/aircraft/draft_docs/.

    Issued in Washington, DC, on January 31, 2012.
Susan J. M. Cabler,
Assistant Manager, Aircraft Engineering Division, Aircraft
Certification Service.
[FR Doc. 2012-2464 Filed 2-2-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: August 26, 2009 (Volume 74, Number 164)]
[Rules and Regulations]
[Page 43055-43060]
[DOCID:fr26au09-8]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0767]
RIN 1625-AA11

Safety Zone and Regulated Navigation Area, Chicago Sanitary and
Ship Canal, Romeoville, IL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone and regulated
navigation area on the Chicago Sanitary and Ship Canal near Romeoville,
IL. This temporary final rule places navigational and operational
restrictions on all vessels transiting the navigable waters located
adjacent to and over the U.S. Army Corps of Engineers' (USACE)
electrical dispersal fish barrier system.

DATES: This temporary final rule is effective from 8 a.m. on August 17,
2009, until 5 p.m. on August 25, 2009.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2009-0767 and are available online
by going to http://www.regulations.gov, inserting USCG-2009-0767 in the
``Keyword'' box, and then clicking ``Search.'' They are 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, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary final rule, call CDR Tim Cummins, Deputy Prevention Division,
Ninth Coast Guard District, telephone<PHONE_NUMBER>. If you have
questions on viewing the docket, call Renee V. Wright, Program Manager,
Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the U.S. Army Corps of Engineers
(USACE) made the decision, without time for a proper notice period, to
permanently increase the voltage of the fish barrier to two-volts per
inch in response to data which indicates that Asian carp are closer to
the Great Lakes waterway system than originally thought. The electric
current in the water created by the electrical dispersal barriers
coupled with the uncertainty of the effects of the increased voltage
poses a safety risk to commercial vessels and recreational boaters who
transit the area. Therefore, it would be against the public interest to
delay the issuing of this rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register because of the safety risk to
commercial vessels and recreational boaters who transit the area. The
following discussion and the Background and Purpose section below
provide additional support of the Coast Guard's determination that good
cause exists for not publishing a NPRM and

for making this rule effective less than 30 days after publication.
    In 2002, the USACE energized a demonstration electrical dispersal
barrier located in the Chicago Sanitary and Ship Canal. The
demonstration barrier, commonly referred to as ``Barrier I,'' generates
a low-voltage electric field (one-volt per inch) across the canal,
which connects the Illinois River to Lake Michigan. Barrier I was built
to block the passage of aquatic nuisance species, such as Asian carp,
and prevent them from moving between the Mississippi River basin and
Great Lakes via the canal. In 2006, the USACE completed construction of
a new barrier, ``Barrier IIA.'' Because of its design, Barrier IIA can
generate a more powerful electric field (up to four-volts per inch),
over a larger area within the Chicago Sanitary and Ship Canal, than
Barrier I. Testing was conducted by the USACE which indicated that two-
volts per inch is the optimal voltage to deter aquatic nuisance
species. The USACE's original plan was to perform testing on the
effects of the increased voltage on vessels passing through the fish
barrier prior to permanently increasing the voltage. However, after
receiving data that the Asian carp were closer to the Great Lakes than
expected, the decision was made to immediately energize the barrier to
two-volts per inch without prior testing.
    A comprehensive, independent analysis of Barrier IIA, conducted in
2008 by the USACE at the one-volt per inch level, found a serious risk
of injury or death to persons immersed in the water located adjacent to
and over the barrier. Additionally, sparking between barges transiting
the barrier (a risk to flammable cargoes) occurred at the one-volt per
inch level. The Coast Guard and USACE developed regulations and safety
guidelines, with stakeholder input, which addressed the risks and
hazards associated with operating the barriers at the one-volt per inch
level. These regulations were published in 33 CFR 165.923, 70 FR 76692
(Dec 28, 2005) and in a series of temporary final rules: 71 FR 4488
(Jan 27, 2006); 71 FR 19648 (Apr 17, 2006); 73 FR 33337 (Jun 12, 2008);
73 FR 37810 (Jul 2, 2008); 73 FR 45875 (Aug 7, 2008); 73 FR 63633 (Oct
27, 2008); 74 FR 6352 (Feb 9, 2009); and 74 FR 24722 (May 26, 2009).
    The USACE recently notified the Coast Guard that it plans to
immediately increase the voltage of Barrier IIA to two-volts per inch
on a full-time basis starting August 17, 2009. Both Barrier IIA and
Barrier I will operate at the same time; hence, Barrier I will provide
a redundant back up to Barrier IIA.
    In the past, the Coast Guard has advised the USACE that it has no
objection to the activation of Barrier IIA and Barrier I at a maximum
strength of one-volt per inch. Testing on commercial vessels transiting
the canal over the fish barrier was conducted at one-volt per inch
indicating that although the barriers create risks to people and
vessels, those risks could be mitigated by following certain
procedures. These procedures were implemented in a temporary interim
rule establishing a regulated navigation area and safety zone that was
published in the Federal Register on February 9, 2009 (74 FR 6352) as
well as a notice of proposed rulemaking published in the Federal
Register on May 26, 2009 (74 FR 24722).
    However, both of these rulemakings contemplated further testing of
the effects of higher voltages on commercial and recreational vessels
as well as people. Because no tests have been conducted at voltages
higher than one-volt per inch, the Coast Guard will implement this
safety zone until such tests are conducted indicating it is safe for
vessels to pass over and adjacent to the fish barrier. The regulated
navigation area will be implemented only in the event that the voltage
of the barriers is decreased to one-volt per inch, or it is determined
after additional testing that it is safe for vessels to pass.

Background and Purpose

    The Nonindigenous Aquatic Nuisance Prevention and Control Act of
1990, as amended by the National Invasive Species Act of 1996,
authorized the USACE to conduct a demonstration project to identify an
environmentally sound method for preventing and reducing the dispersal
of non-indigenous aquatic nuisance species through the Chicago Sanitary
and Ship Canal. The USACE selected an electric barrier because it is a
non-lethal deterrent with a proven history, which does not overtly
interfere with navigation in the canal.
    A demonstration dispersal barrier (Barrier I) was constructed and
has been in operation since April 2002. It is located approximately 30
miles from Lake Michigan and creates an electric field in the water by
pulsing low voltage DC current through steel cables secured to the
bottom of the canal. A second barrier, Barrier IIA, was constructed 800
to 1300 feet downstream of the Barrier I. The potential field strength
for Barrier IIA will be up to four times that of the Barrier I. Barrier
IIA was successfully operated for the first time for approximately
seven weeks in September and October 2008, while Barrier I was taken
down for maintenance. Construction on a third barrier (Barrier IIB) is
planned; Barrier IIB would augment the capabilities of Barriers I and
IIA.
    In the spring of 2004, a commercial towboat operator reported an
electrical arc between a wire rope and timberhead while making up a tow
in the vicinity of the Barrier I. During subsequent USACE safety
testing in January 2005, sparking was observed at points where metal-
to-metal contact occurred between two barges in the barrier field.
    The electric current in the water also poses a safety risk to
commercial and recreational boaters transiting the area. The Navy
Experimental Diving Unit (NEDU) was tasked with researching how the
electric current from the barriers would affect a human body if
immersed in the water. The NEDU final report concluded that the
possible effects to a human body if immersed in the water include
paralysis of body muscles, inability to breathe, and ventricular
fibrillation.
    A Safety Work Group facilitated by the Coast Guard and in
partnership with the USACE and industry initially met in February 2008
and focused on three goals: (1) Education and public outreach, (2)
keeping people out of the water, and (3) egress/rescue efforts. The
Safety Work Group has regularly been attended by eleven stakeholders.
Key partners include the American Waterways Operators, Illinois River
Carriers Association, Army Corps of Engineers Chicago District, Coast
Guard Marine Safety Unit Chicago, Coast Guard Sector Lake Michigan/
Captain of the Port Lake Michigan, and the Ninth Coast Guard District.
    Based on the safety hazards associated with electric current
flowing through navigable waterways and the uncertainty of the effects
of higher voltage on people and vessels that pass over and adjacent to
the barriers, the Coast Guard is closing the waterway until proper
testing can be conducted by the USACE. The Coast Guard appreciates the
commercial significance of this waterway and will work closely with the
USACE to re-open the waterway as soon as possible; however, it is
imperative that this safety zone be immediately enacted to avoid loss
of life.
    The Coast Guard plans on publishing a new temporary interim rule
(TIR) with requests for comments as soon as safety testing of the
waterway is completed in order to accommodate for the results of the
testing. The Coast Guard will then likely follow with a supplemental
notice of proposed rulemaking (SNPRM) in order to provide a complete
notice and

comment period for interested parties. We encourage the public to
participate in the rulemaking process by submitting and reviewing
comments and related materials at http://www.regulations.gov to the
dockets associated with this TIR and any subsequent NPRM/SNPRM.

Discussion of Rule

    This temporary final rule will suspend 33 CFR 165.T09-1247. This
rule also continues the suspension of 33 CFR 165.923 which was earlier
suspended from January 18, 2009, until September 30, 2009 (74 FR 6352,
Feb. 9, 2009). This rule places a safety zone on all waters located
adjacent to and over the electrical dispersal barriers on the Chicago
Sanitary and Ship Canal. The safety zone will be enforced at all times
the USACE operates the electrical dispersal barrier higher than one-
volt per inch until safety testing is conducted that indicates vessels
may safely pass. This safety zone, which encompasses all the waters of
the Chicago Sanitary and Ship Canal located between mile marker 296.0
(approximately 958 feet south of the Romeo Road Bridge) and mile marker
296.7 (aerial pipeline located approximately 0.51 miles north east of
Romeo Road Bridge), will be enforced by the Captain of the Port Lake
Michigan, for such times before, during, and after barrier testing as
he or she deems necessary to protect mariners and vessels from damage
or injury. The Captain of the Port Lake Michigan will cause notice of
enforcement or suspension of enforcement of this safety zone to be made
by all appropriate means to effect the widest publicity among the
affected segments of the public. Such means of notification will
include, but are not limited to, Broadcast Notice to Mariners and Local
Notice to Mariners. The Captain of the Port will issue a Broadcast
Notice to Mariners notifying the public when enforcement of the safety
zone is suspended. In addition, the Captain of the Port Lake Michigan
maintains a telephone line that is manned 24-hours a day, seven days a
week. The public can obtain information concerning enforcement of the
safety zone by contacting the Captain of the Port Lake Michigan via the
Coast Guard Sector Lake Michigan Command Center at<PHONE_NUMBER>.
    In the event that the barrier voltage is dropped back to one-volt
per inch; it is deemed safe for vessels to transit the over and
adjacent to the barriers; or the Captain of the Port Lake Michigan
grants waivers to the safety zone; this rule implements a regulated
navigation area to control the movements of all vessels passing over
and adjacent to the barriers. This regulated navigation area is the
same as those previously implemented in this area. The regulated
navigation area encompasses all waters of the Chicago Sanitary and Ship
Canal located between mile marker 295.0 (approximately 1.1 miles south
of the Romeo Road Bridge) and mile marker 297.5 (approximately 1.3
miles northeast of the Romeo Road Bridge). The requirements placed on
commercial vessels include: (1) Vessels engaged in commercial service,
as defined in 46 U.S.C. 2101(5), may not pass (meet or overtake) in the
regulated navigation area and must make a SECURITE call when
approaching the regulated navigation area to announce intentions and
work out passing arrangements on either side; (2) commercial tows
transiting the regulated navigation area must be made up with wire rope
to ensure electrical connectivity between all segments of the tow; and
(3) all up-bound and down-bound barge tows that contain one or more red
flag barges must be assisted by a bow boat until the entire tow is
clear of the regulated navigation area. Red flag barges are barges
certificated to carry, in bulk, any hazardous material as defined in 46
CFR 150.115. Currently, 46 CFR 150.115 defines hazardous material as:
    (a) A flammable liquid as defined in 46 CFR 30.10-22 or a
combustible liquid as defined in 46 CFR 30.10-15;
    (b) A material listed in Table 151.05, Table 1 of part 153, or
Table 4 of part 154 of Title 46, CFR; or
    (c) A liquid, liquefied gas, or compressed gas listed in 49 CFR
172.101.
    The USACE has informed the Coast Guard that they will continue to
contract bow boat assistance for barge tows containing one or more red
flag barges. Operators of tows containing one or more red flag barges
should notify the bow boat contractor at least two hours prior to the
need for assistance. The tow operator should then remain in contact
with the contractor after the initial call for bow boat assistance and
advise the contractor of any delays. Information on how to arrange for
bow boat assistance may be obtained by contacting the Army Corps of
Engineers at<PHONE_NUMBER>, during normal working hours. The Coast Guard
will also publish this information in its Local Notice to Mariners.
    This temporary final rule places additional restrictions and
operating requirements on all vessels within a smaller portion of the
regulated navigation area, specifically, the waters between the Romeo
Road Bridge (approximate mile marker 296.18) and mile marker 296.7
(aerial pipeline located approximately 0.51 miles north east of Romeo
Road Bridge). Within this smaller area, this temporary final rule
prohibits all vessels from loitering, mooring or laying up on the right
or left descending banks, or making or breaking tows on the waters
between the Romeo Road Bridge (approximate mile marker 296.18) and mile
marker 296.7 (aerial pipeline located approximately 0.51 miles north
east of Romeo Road Bridge). In addition, vessels may only enter the
waters between the Romeo Road Bridge (approximate mile marker 296.18)
and mile marker 296.7 (aerial pipeline located approximately 0.51 miles
north east of Romeo Road Bridge) for the sole purpose of transiting to
the other side and must maintain headway throughout the transit. All
vessels and persons are prohibited from dredging, laying cable,
dragging, fishing, conducting salvage operations, or any other
activity, which could disturb the bottom of the canal in the area
located between the Romeo Road Bridge (approximate mile marker 296.18)
and mile marker 296.7 (aerial pipeline located approximately 0.51 miles
north east of Romeo Road Bridge). The temporary final rule also
requires all personnel on open decks to wear a Coast Guard approved
Type I personal flotation device while on the waters between the Romeo
Road Bridge (approximate mile marker 296.18) and mile marker 296.7
(aerial pipeline located approximately 0.51 miles north east of Romeo
Road Bridge).
    These restrictions are necessary for safe navigation of the
regulated navigation area and to ensure the safety of vessels and their
personnel as well as the public's safety due to the electrical
discharges noted during safety tests conducted by the USACE. Deviation
from this temporary final rule is prohibited unless specifically
authorized by the Commander, Ninth Coast Guard District or his
designated representatives. The Commander, Ninth Coast Guard District
designates Captain of the Port Lake Michigan and Commanding Officer,
Marine Safety Unit Chicago, as his designated representatives for the
purposes of the regulated navigation area.

Regulatory Analyses

    We developed this 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.
    We expect the economic impact of this rule to be minimal. This
determination is based the following: (1) The Chicago Sanitary and Ship
Canal will be re-opened as soon as is practicable; (2) the Coast Guard
expects to be able to re-open the Chicago Sanitary and Ship Canal at
least to some commercial traffic as soon as the first phase of safety
testing is complete; (3) interested parties were already notified by a
notice of enforcement under a previous temporary interim rule that this
portion of the Chicago Sanitary and Ship Canal would be closed for
safety testing by the USACE from 8 a.m. until 8 p.m. August 17, 2009,
to August 21, 2009; (4) if the Chicago Sanitary and Ship Canal is re-
opened to commercial traffic, the USACE intends to pay the cost of the
bow boat required by barge tows containing one or more red flag barges
during the time this rule is effective; and (5) vessels may request
permission from the Captain of the Port Lake Michigan to transit
through the safety zone while the safety zone is enforced; (6) in
exigent circumstances, it may be possible to temporarily drop the
voltage of the fish barrier back to one-volt per inch.
    Because this safety zone must be implemented immediately without a
full notice and comment period, the full economic impact of this rule
is difficult to determine at this time. The Coast Guard urges
interested parties to submit comments that specifically address the
economic impacts of permanent or temporary closures of the Chicago
Sanitary and Ship Canal.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 will
not have a significant economic impact on a substantial number of small
entities.
    This rule would affect the following entities, some of which might
be small: the owners and operators of vessels intending to transit or
anchor in a portion of the Chicago Sanitary and Ship Canal.
    This safety zone and regulated navigation area will not have a
significant economic impact on a substantial number of small entities
for the following reasons: (1) The Chicago Ship and Sanitary Canal will
be re-opened as soon as is practicable; (2) the Coast Guard expects to
be able to re-open the Chicago Ship and Sanitary Canal at least to some
commercial traffic as soon as the first phase of safety testing is
complete; (3) interested parties were already notified by a notice of
enforcement under the previous temporary interim rule that this portion
of the Chicago Ship and Sanitary Canal would be closed for safety
testing by the USACE from 8 a.m. until 8 p.m. August 17, 2009, to
August 21, 2009, (4) if the Chicago Ship and Sanitary Canal is re-
opened to commercial traffic, the USACE intends to pay the cost of the
bow boat required by barge tows containing one or more red flag barges
during the time this rule is effective; and (5) vessels may request
permission from the Captain of the Port Lake Michigan to transit
through the safety zone while the safety zone is enforced; (6) in
exigent circumstances, it may be possible to temporarily drop the
voltage of the fish barrier back to one-volt per inch.
    As noted above, the Coast Guard intends to publish an SNPRM and
specifically seek public comment as to a permanent regulated navigation
area and safety zone. The Coast Guard encourages public comment
regarding the potential economic impact of the regulated navigation
area and safety zone.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

    This rule calls 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 effect 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 does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    The Coast Guard recognizes the treaty rights of Native American
Tribes. Moreover, the Coast Guard is committed to working with Tribal
Governments to implement local policies and to mitigate Tribal
concerns. We have determined

that these regulations and fishing rights protection need not be
incompatible. We have also determined that 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. Nevertheless, Indian Tribes that have
questions concerning the provisions of this rule or options for
compliance are encouraged to contact the point of contact listed under
FOR FURTHER INFORMATION CONTACT.

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 the Office of Information and
Regulatory Affairs has not designated it 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
guide 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 the category of actions which do not
individually or cumulatively have significant effect on the human
environment. Therefore, this rule is categorically excluded, under
section 2.B.2 Figure 2-1, paragraph (34)(g), of the Instruction and
neither an environmental assessment nor an environmental impact
statement is required. This rule involves the establishing,
disestablishing, or changing of regulated navigation areas and security
or safety zones. An environmental analysis checklist and a categorical
exclusion determination are available in the docket where indicated
under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

Sec.  165.T09-1247  [Suspended]

0
2. Section 165.T09-1247 is suspended.
0
3. A new temporary section 165.T09-0767 is added as follows:

Sec.  165.T09-0767  Safety Zone and Regulated Navigation Area, Chicago
Sanitary and Ship Canal, Romeoville, IL.

    (a) Safety Zone. (1) The following area is a permanent safety zone:
All waters of the Chicago Sanitary and Ship Canal located between mile
marker 296.0 (approximately 958 feet south of the Romeo Road Bridge)
and mile marker 296.7 (aerial pipeline located approximately 0.51 miles
northeast of Romeo Road Bridge).
    (2) Enforcement Period. The safety zone will be enforced from 8
p.m. on August 17, 2009, until 5 p.m. on August 25, 2009.
    (3) Notice of suspension of enforcement. The Captain of the Port
Lake Michigan will enforce the safety zone established by this section
at all times. However, the Captain of the Port Lake Michigan may
temporarily suspend enforcement of the safety zone. If enforcement of
the zone is temporarily suspended, the Captain of the Port Lake
Michigan will cause a notice of the suspension of enforcement of this
safety zone to be made by all appropriate means to effect the widest
publicity among the affected segments of the public including
publication in the Federal Register as practicable, in accordance with
33 CFR 165.7(a). Such means of notification may also include but are
not limited to, Broadcast Notice to Mariners or Local Notice to
Mariners. The Captain of the Port Lake Michigan will also issue a
Broadcast Notice to Mariners and Local Notice to Mariners notifying the
public when the temporary suspension of enforcement is over and the
zone is once again in operation.
    (4) Regulations. (i) In accordance with the general regulations in
Sec.  165.23 of this part, entry into, transiting, or anchoring within
this safety zone is prohibited unless authorized by the Captain of the
Port Lake Michigan, or his on-scene representative.
    (ii) This safety zone is closed to all vessel traffic, except as
may be permitted by the Captain of the Port Lake Michigan or his on-
scene representative.
    (iii) The ``on-scene representative'' of the Captain of the Port is
any Coast Guard commissioned, warrant or petty officer who has been
designated by the Captain of the Port to act on her behalf. The on-
scene representative of the Captain of the Port will be aboard a Coast
Guard, Coast Guard Auxiliary, or other designated vessel or will be on
shore and will communicate with vessels via VHF-FM radio or loudhailer.
The Captain of the Port or his on-scene representative may be contacted
via VHF-FM radio Channel 16.
    (iv) Vessel operators desiring to enter or operate within the
safety zone shall contact the Captain of the Port Lake Michigan or her
on-scene representative to obtain permission to do so. Vessel operators
given permission to enter or operate in the safety zone must comply
with all directions given to them by the Captain of the Port Lake
Michigan or his on-scene representative.
    (b) Regulated Navigation Area. The following is a Regulated
Navigation Area: All waters of the Chicago Sanitary and Ship Canal,
Romeoville, IL located between mile marker 295.0 (approximately 1.1
miles south of the Romeo Road Bridge) and mile marker 297.5
(approximately 1.3 miles northeast of the Romeo Road Bridge).
    (1) Definitions. The following definitions apply to this section:
    Bow boat means a towing vessel capable of providing positive
control of

the bow of a tow containing one or more barges, while transiting the
regulated navigation area. The bow boat must be capable of preventing a
tow containing one or more barges from coming into contact with the
shore and other moored vessels.
    Designated representatives means the Captain of the Port Lake
Michigan and Commanding Officer, Marine Safety Unit Chicago.
    Hazardous material means any material as defined in 46 CFR 150.115.
    Red flag barge means any barge certificated to carry any hazardous
material in bulk.
    (2) Notice of enforcement or suspension of enforcement. The Captain
of the Port Lake Michigan will enforce the Regulated Navigation Area
established by this section only upon notice. Captain of the Port Lake
Michigan will cause notice of the enforcement of this regulated
navigation area to be made by all appropriate means to effect the
widest publicity among the affected segments of the public including
publication in the Federal Register as practicable, in accordance with
33 CFR 165.7(a). Such means of notification may also include but are
not limited to, Broadcast Notice to Mariners or Local Notice to
Mariners. The Captain of the Port Lake Michigan will issue a Broadcast
Notice to Mariners and Local Notice to Mariners notifying the public
when enforcement of these safety zones is suspended.
    (3) Regulations. (i) The general regulations contained in 33 CFR
165.13 apply.
    (ii) All up-bound and down-bound barge tows that contain one or
more red flag barges transiting through the regulated navigation area
must be assisted by a bow boat until the entire tow is clear of the
regulated navigation area.
    (iii) Vessels engaged in commercial service, as defined in 46
U.S.C. 2101(5), may not pass (meet or overtake) in the regulated
navigation area and must make a SECURITE call when approaching the
regulated navigation area to announce intentions and work out passing
arrangements on either side.
    (iv) Commercial tows transiting the regulated navigation area must
be made up with wire rope to ensure electrical connectivity between all
segments of the tow.
    (v) All vessels are prohibited from loitering between the Romeo
Road Bridge (approximate mile marker 296.18) and mile marker 296.7
(aerial pipeline located approximately 0.51 miles north east of Romeo
Road Bridge).
    (vi) Vessels may enter the waters between the Romeo Road Bridge
(approximate mile marker 296.18) and mile marker 296.7 (aerial pipeline
located approximately 0.51 miles north east of Romeo Road Bridge) for
the sole purpose of transiting to the other side and must maintain
headway throughout the transit. All vessels and persons are prohibited
from dredging, laying cable, dragging, fishing, conducting salvage
operations, or any other activity, which could disturb the bottom of
the canal in the area located between the Romeo Road Bridge
(approximate mile marker 296.18) and mile marker 296.7 (aerial pipeline
located approximately 0.51 miles north east of Romeo Road Bridge).
    (vii) All personnel on open decks must wear a Coast Guard approved
Type I personal flotation device while in the waters between the Romeo
Road Bridge (approximate mile marker 296.18) and mile marker 296.7
(aerial pipeline located approximately 0.51 miles north east of Romeo
Road Bridge).
    (viii) Vessels may not moor or lay up on the right or left
descending banks of the waters between the Romeo Road Bridge
(approximate mile marker 296.18) and mile marker 296.7 (aerial pipeline
located approximately 0.51 miles north east of Romeo Road Bridge).
    (ix) Towboats may not make or break tows if any portion of the
towboat or tow is located in the waters between the Romeo Road Bridge
(approximate mile marker 296.18) and mile marker 296.7 (aerial pipeline
located approximately 0.51 miles north east of Romeo Road Bridge).
    (4) Compliance. All persons and vessels must comply with this
section and any additional instructions or orders of the Ninth Coast
Guard District Commander, or his designated representatives.
    (5) Waiver. For any vessel, the Ninth Coast Guard District
Commander, or his designated representatives, may waive any of the
requirements of this section, upon finding that operational conditions
or other circumstances are such that application of this section is
unnecessary or impractical for the purposes of vessel and mariner
safety.

    Dated: August 17, 2009.
D.R. Callahan,
Captain, U.S. Coast Guard, Commander, Ninth Coast Guard District,
Acting.
[FR Doc. E9-20619 Filed 8-24-09; 11:15 am]

BILLING CODE 4910-15-P


[Federal Register Volume 83, Number 112 (Monday, June 11, 2018)]
[Proposed Rules]
[Pages 26882-26884]
[FR Doc No: 2018-12229]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0506; Product Identifier 2018-NM-045-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Airbus Model A350-941 airplanes. This proposed AD was prompted
by the discovery of inadequate corrosion protection in certain areas of
the horizontal stabilizer and the rear fuselage cone structure. This
proposed AD would require application of sealant and protective
treatment on the affected areas of the horizontal stabilizer and the
rear fuselage cone structure and, for certain airplanes, modification
of the trimmable horizontal stabilizer (THS) torsion box and re-
identification of the elevator. We are proposing this AD to address the
unsafe condition on these products.

DATES: We must receive comments on this proposed AD by July 26, 2018.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Airbus
SAS, Airworthiness Office--EAL, 1 Rond Point Maurice Bellonte, 31707
Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45
80; email [email protected]; internet http://www.airbus.com. You may view this service information at the FAA,
Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call 206-
231-3195.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0506; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this NPRM, the regulatory evaluation, any comments received,
and other information. The street address for the Docket Operations
office (telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments
will be available in the AD docket shortly after receipt.

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

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2018-0506;
Product Identifier 2018-NM-045-AD'' at the beginning of your comments.
We specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this NPRM. We will consider all
comments received by the closing date and may amend this NPRM based on
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this NPRM.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2018-0036, dated February 7, 2018 (referred to after this as the
Mandatory Continuing

Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for certain Airbus Model A350-941 airplanes. The MCAI states:

    In some areas of the Horizontal Tail Plane (HTP) [horizontal
stabilizer] and fuselage Section (S) 19 [rear fuselage cone
structure], the interfay sealant for multimaterial joints (hybrid
joints) was only applied on the surface in direct contact with
aluminium parts and not between all surfaces of the joint parts.
This situation does not ensure full barrier properties. To avoid any
risk of water ingress in multi-material-stacks involving aluminium,
it is necessary to apply interfay sealant between all assembled
parts, even between parts made of corrosion resistant material. This
ensures a double barrier in the joint and prevents subsequent
potential galvanic corrosion on the aluminum holes on top of the
single barrier already applied in aluminium parts.
    This condition, if not corrected, could reduce the structural
integrity of the HTP and fuselage at S19.
    To address this unsafe condition, Airbus developed production
mod [Modification] 106695 for fuselage at S19 and mod 107824 for HTP
to improve protection against corrosion, and issued [Airbus] SB
[Service Bulletin] A350-53-P029 (Airbus mod 110281) and [Airbus] SB
A350-55-P003 (Airbus mod 107877 and mod 108494) to provide
modification instructions for in-service pre-mod aeroplanes.
    For the reasons described above, this [EASA] AD requires
application of sealant and protective treatment on the affected
areas of the HTP and fuselage at S19 and, for certain aeroplanes,
modification of the trimmable horizontal stabilizer (THS) torsion
box [and re-identification of the elevator].

Related Service Information Under 1 CFR Part 51

    Airbus has issued Service Bulletin A350-53-P029, dated November 17,
2017. This service information describes procedures to apply sealant
and protective treatment on the affected areas of the rear fuselage
cone structure.
    Airbus has issued Service Bulletin A350-55-P003, dated November 6,
2017. This service information describes procedures to apply sealant
and protective treatment on the affected areas of the horizontal
stabilizer, modify the THS torsion box in zone 330 and 340, and re-
identify the elevator in zone 335 and 345.
    The service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type designs.

Costs of Compliance

    We estimate that this proposed AD affects 6 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
              Labor cost                      Parts cost            Cost per product      Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 57 work-hours x $85 per hour =   Unavailable............  Up to $4,845...........  Up to $29,070.
 $4,845.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some or all of the costs of this
proposed AD may be covered under warranty, thereby reducing the cost
impact on affected individuals. We do not control warranty coverage for
affected individuals. As a result, we have included all known costs in
our cost estimate.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    This proposed AD is issued in accordance with authority delegated
by the Executive Director, Aircraft Certification Service, as
authorized by FAA Order 8000.51C. In accordance with that order,
issuance of ADs is normally a function of the Compliance and
Airworthiness Division, but during this transition period, the
Executive Director has delegated the authority to issue ADs applicable
to transport category airplanes to the Director of the System Oversight
Division.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

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

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

Airbus: Docket No. FAA-2018-0506; Product Identifier 2018-NM-045-AD.

(a) Comments Due Date

    We must receive comments by July 26, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Model A350-941 airplanes certificated
in any category, all manufacturer serial numbers, except those on
which Airbus Modification 106695 (or retrofit Modification 110281)
and Modification 107824 (or retrofit Modification 107877 and
retrofit Modification 108494) have been embodied in production.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage;
55, Stabilizers.

(e) Reason

    This AD was prompted by the discovery of inadequate corrosion
protection in certain areas of the horizontal stabilizer and the
rear fuselage cone structure. We are issuing this AD to prevent
reduced structural integrity of the horizontal stabilizer and the
rear fuselage cone structure.

(f) Compliance

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

(g) Definitions

    (1) For the purpose of this AD, Group 1 airplanes are those with
manufacturer serial numbers (MSNs) listed in Section 1.A.,
``Applicability'' of Airbus Service Bulletin A350-53-P029, dated
November 17, 2017.
    (2) For the purpose of this AD, Group 2 airplanes are those with
MSNs listed in Section 1.A., ``Applicability'' of Airbus Service
Bulletin A350-55-P003, dated November 6, 2017.

(h) Modification

    (1) For Group 1 airplanes: Before exceeding 36 months since the
date of issuance of the original standard airworthiness certificate
or date of issuance of the original export certificate of
airworthiness, or within 90 days after the effective date of this
AD, whichever occurs later, apply sealant and protective treatment
on the affected areas of the rear fuselage cone structure, as
defined in, and in accordance with the Accomplishment Instructions
of Airbus Service Bulletin A350-53-P029, dated November 17, 2017.
    (2) For Group 2 airplanes: Before exceeding 36 months since the
date of issuance of the original standard airworthiness certificate
or date of issuance of the original export certificate of
airworthiness, or within 90 days after the effective date of this
AD, whichever occurs later, accomplish concurrently the actions
specified in paragraphs (h)(2)(i) and (h)(2)(ii) of this AD, in
accordance with the Accomplishment Instructions of Airbus Service
Bulletin A350-55-P003, dated November 6, 2017.
    (i) Apply sealant and protective treatment on the affected areas
of the horizontal stabilizer, as defined in Airbus Service Bulletin
A350-55-P003, dated November 6, 2017.
    (ii) Modify the trimmable horizontal stabilizer (THS) torsion
box in zone 330 and 340, and re-identify the elevator in zone 335
and 345.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Section, send it to the attention of
the person identified in paragraph (j)(2) of this AD. Information
may be emailed to: [email protected]. Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or the European Aviation
Safety Agency (EASA); or Airbus's EASA Design Organization Approval
(DOA). If approved by the DOA, the approval must include the DOA-
authorized signature.
    (3) Required for Compliance (RC): If any service information
contains procedures or tests that are identified as RC, those
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2018-0036, dated February 7, 2018, for related
information. This MCAI may be found in the AD docket on the internet
at http://www.regulations.gov by searching for and locating Docket
No. FAA-2018-0506.
    (2) For more information about this AD, contact Kathleen
Arrigotti, Aerospace Engineer, International Section, Transport
Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax<PHONE_NUMBER>.
    (3) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAL, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 45 80; email [email protected]; internet http://www.airbus.com. You
may view this service information at the FAA, Transport Standards
Branch, 2200 South 216th St., Des Moines, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

    Issued in Des Moines, Washington, on May 25, 2018.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2018-12229 Filed 6-8-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 112 (Tuesday, June 11, 2019)]
[Notices]
[Page 27185]
[FR Doc No: 2019-12235]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2019-0043]

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

    Under part 235 of Title 49 of the Code of Federal Regulations (CFR)
and 49 U.S.C. 20502(a), this document provides the public notice that
by a document dated May 23, 2019, Union Pacific Railroad Company (UP)
petitioned the Federal Railroad Administration (FRA) seeking approval
to discontinue or modify a signal system. FRA assigned the petition
Docket Number FRA-2019-0043.
    Applicant: Union Pacific Railroad Company, Mr. Neal E. Hathaway,
AVP Engineering--Signal & Telecom, 1400 Douglas Street, MS 0910, Omaha,
NE 68179.
    Specifically, UP requests approval to discontinue cab signals
between control point (CP) S001 at milepost (MP) 0.60 and CP S082 at MP
81.60 on the Portland subdivision in the state of Oregon.
    UP states the reason for the proposed discontinuance is a positive
train control (PTC) system, compliant with 49 CFR part 236, subpart I,
and certified accordingly, was placed in service on the entire Portland
subdivision, including the limits described above, in March 2017. Since
that time, over 2.5 million train-miles of PTC operations have been
accumulated on the Portland subdivision without a critical anomaly.
Additionally, PTC operations have been conducted under the provisions
of a waiver, Docket Number FRA-2016-0108, which allows for the use of
PTC in lieu of cab signals on the Portland subdivision and elsewhere on
UP where automatic cab signal (ACS), automatic train control, and
automatic train stop systems are present.
    To ensure that an equivalent or greater level of safety is
maintained upon discontinuance of the ACS and to meet the requirements
of 49 U.S.C. 20157(j)(1), UP asserts it will promulgate operating rules
requiring that any train on which PTC fails to initialize, cuts out, or
malfunctions comply with operating restrictions in accordance with 49
CFR 236.1029, while operating within former ACS limits of the Portland
subdivision. UP explains it believes that the combination of the
current levels of PTC reliability and, utilization, combined with the
application of operating restrictions under failure conditions result
in a level of safe operation which justifies discontinuance of the ACS
system on the Portland subdivision.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue SE, W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested parties
desire an opportunity for oral comment and a public hearing, they
should notify FRA, in writing, before the end of the comment period and
specify the basis for their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Website: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE, Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by July 26, 2019 will be considered by FRA
before final action is taken. Comments received after that date will be
considered if practicable.
    Anyone can search the electronic form of any written communications
and comments received into any of our dockets by the name of the
individual submitting the comment (or signing the document, if
submitted on behalf of an association, business, labor union, etc.). In
accordance with 5 U.S.C. 553(c), DOT solicits comments from the public
to better inform its processes. DOT posts these comments, without edit,
including any personal information the commenter provides, to
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy. See also
http://www.regulations.gov/#!privacyNotice for the privacy notice of
regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Acting Associate Administrator, Office of Railroad Safety.
[FR Doc. 2019-12235 Filed 6-10-19; 8:45 am]
 BILLING CODE 4910-06-P


[Federal Register Volume 87, Number 13 (Thursday, January 20, 2022)]
[Notices]
[Pages 3164-3166]
[FR Doc No: 2022-00987]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0123; FMCSA-2014-0104; FMCSA-2014-0385; FMCSA-
2016-0003; FMCSA-2017-0057; FMCSA-2017-0058; FMCSA-2018-0139; FMCSA-
2019-0011; FMCSA-2019-0112]

Qualification of Drivers; Exemption Applications; Hearing

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).

ACTION: Notice of renewal of exemptions; request for comments.

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SUMMARY: FMCSA announces its decision to renew exemptions for 17
individuals from the hearing requirement in the Federal Motor Carrier
Safety Regulations (FMCSRs) for interstate commercial motor vehicle
(CMV) drivers. The exemptions enable these hard of hearing and deaf
individuals to continue to operate CMVs in interstate commerce.

DATES: Each group of renewed exemptions were applicable on the dates
stated in the discussions below and will expire on the dates provided
below. Comments must be received on or before February 22, 2022.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2013-0123, Docket No. FMCSA-
2014-0104, Docket No. FMCSA-2014-0385, Docket No. FMCSA-2016-0003,
Docket No. FMCSA-2017-0057, Docket No. FMCSA-2017-0058, Docket No.
FMCSA-2018-0139, Docket No. FMCSA-2019-0011, or Docket No. FMCSA-2019-
0112 using any of the following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov/,
insert the docket number, FMCSA-2013-0123, FMCSA-2014-0104, FMCSA-2014-
0385, FMCSA-2016-0003, FMCSA-2017-0057, FMCSA-2017-0058, FMCSA-2018-
0139, FMCSA-2019-0011, or FMCSA-2019-0112 in the keyword box, and click
``Search.'' Next, sort the results by ``Posted (Newer-Older),'' choose
the first notice listed, and click on the ``Comment'' button. Follow
the online instructions for submitting comments.
     Mail: Dockets Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
ET, Monday through Friday, except Federal Holidays.
     Fax:<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER>, [email protected], FMCSA,
DOT, 1200 New Jersey Avenue SE, Room W64-224, Washington, DC 20590-
0001. Office hours are from 8:30 a.m. to 5 p.m., ET, Monday through
Friday, except Federal holidays. If you have questions regarding
viewing or submitting material to the docket,

contact Dockets Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2013-0123, Docket No. FMCSA-2014-0104, Docket
No. FMCSA-2014-0385, Docket No. FMCSA-2016-0003, Docket No. FMCSA-2017-
0057, Docket No. FMCSA-2017-0058, Docket No. FMCSA-2018-0139, Docket
No. FMCSA-2019-0011, or Docket No. FMCSA-2019-0112), indicate the
specific section of this document to which each comment applies, and
provide a reason for each suggestion or recommendation. You may submit
your comments and material online or by fax, mail, or hand delivery,
but please use only one of these means. FMCSA recommends that you
include your name and a mailing address, an email address, or a phone
number in the body of your document so that FMCSA can contact you if
there are questions regarding your submission.
    To submit your comment online, go to www.regulations.gov/, insert
the docket number, FMCSA-2013-0123, FMCSA-2014-0104, FMCSA-2014-0385,
FMCSA-2016-0003, FMCSA-2017-0057, FMCSA-2017-0058, FMCSA-2018-0139,
FMCSA-2019-0011, or FMCSA-2019-0112 in the keyword box, and click
``Search.'' Next, sort the results by ``Posted (Newer-Older),'' choose
the first notice listed, click the ``Comment'' button, and type your
comment into the text box on the following screen. Choose whether you
are submitting your comment as an individual or on behalf of a third
party and then submit.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the
comment period.

B. Viewing Comments

    To view comments go to www.regulations.gov. Insert the docket
number, FMCSA-2013-0123, FMCSA-2014-0104, FMCSA-2014-0385, FMCSA-2016-
0003, FMCSA-2017-0057, FMCSA-2017-0058, FMCSA-2018-0139, FMCSA-2019-
0011, or FMCSA-2019-0112 in the keyword box, and click ``Search.''
Next, sort the results by ``Posted (Newer-Older),'' choose the first
notice listed, and click ``Browse Comments.'' If you do not have access
to the internet, you may view the docket online by visiting Dockets
Operations in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, between
9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays.
To be sure someone is there to help you, please call<PHONE_NUMBER> or
(202) 366-9826 before visiting Dockets Operations.

C. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its regulatory process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.transportation.gov/privacy.

II. Background

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-year period if it finds such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption. The statute also allows the Agency to renew exemptions at
the end of the 5-year period. FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
    The physical qualification standard for drivers regarding hearing
found in 49 CFR 391.41(b)(11) states that a person is physically
qualified to drive a CMV if that person first perceives a forced
whispered voice in the better ear at not less than 5 feet with or
without the use of a hearing aid or, if tested by use of an audiometric
device, does not have an average hearing loss in the better ear greater
than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a
hearing aid when the audiometric device is calibrated to American
National Standard (formerly ASA Standard) Z24.5--1951.
    This standard was adopted in 1970 and was revised in 1971 to allow
drivers to be qualified under this standard while wearing a hearing
aid, 35 FR 6458, 6463 (Apr. 22, 1970) and 36 FR 12857 (July 3, 1971).
    The 17 individuals listed in this notice have requested renewal of
their exemptions from the hearing standard in Sec.  391.41(b)(11), in
accordance with FMCSA procedures. Accordingly, FMCSA has evaluated
these applications for renewal on their merits and decided to extend
each exemption for a renewable 2-year period.

III. Request for Comments

    Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315(b), FMCSA will take immediate steps to revoke the
exemption of a driver.

IV. Basis for Renewing Exemptions

    In accordance with 49 U.S.C. 31136(e) and 31315(b), each of the 17
applicants has satisfied the renewal conditions for obtaining an
exemption from the hearing requirement. The 17 drivers in this notice
remain in good standing with the Agency. In addition, for Commercial
Driver's License (CDL) holders, the Commercial Driver's License
Information System and the Motor Carrier Management Information System
are searched for crash and violation data. For non-CDL holders, the
Agency reviews the driving records from the State Driver's Licensing
Agency. These factors provide an adequate basis for predicting each
driver's ability to continue to safely operate a CMV in interstate
commerce. Therefore, FMCSA concludes that extending the exemption for
each of these drivers for a period of 2 years is likely to achieve a
level of safety equal to that existing without the exemption.
    In accordance with 49 U.S.C. 31136(e) and 31315(b), the following
groups of drivers received renewed exemptions in the month of February
and are discussed below. As of February 14, 2022, and in accordance
with 49 U.S.C. 31136(e) and 31315(b), the following eight individuals
have satisfied the renewal conditions for obtaining an exemption from
the hearing requirement in the FMCSRs for interstate CMV drivers:

Lucius Fowler (IL)
Jared Gunn (IL)
Daniel Krystosek (MN)
John Malm (IL)
Ray Norris (TX)
Abel Talamantes (WA)
Andrew Tessin (NC)
Charles Wirick (MD)

    The drivers were included in docket number FMCSA-2013-0123, FMCSA-
2014-0104, FMCSA-2017-0058, FMCSA-2018-0139, FMCSA-2019-0111, or FMCSA-
2019-0112. Their exemptions are applicable as of February 14, 2022 and
will expire on February 14, 2024.
    As of February 19, 2022, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following nine individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers:

Wyatt Baldwin (NV)
Richard Davis (OH)
Adam Hayes (CA)
Adrian Lopez (TX)
Jeffrey Schulkers (KY)
Jason Thomas (TX)
Joshua J. Tinley (AZ)
Roderick Thomas (GA)
Kerri Wright (OK)

    The drivers were included in docket number FMCSA-2014-0385, FMCSA-
2016-0003, or FMCSA-2017-0057. Their exemptions are applicable as of
February 19, 2022 and will expire on February 19, 2024.

V. Conditions and Requirements

    The exemptions are extended subject to the following conditions:
(1) Each driver must report any crashes or accidents as defined in
Sec.  390.5; and (2) report all citations and convictions for
disqualifying offenses under 49 CFR 383 and 49 CFR 391 to FMCSA; and
(3) each driver prohibited from operating a motorcoach or bus with
passengers in interstate commerce. The driver must also have a copy of
the exemption when driving, for presentation to a duly authorized
Federal, State, or local enforcement official. In addition, the
exemption does not exempt the individual from meeting the applicable
CDL testing requirements. Each exemption will be valid for 2 years
unless rescinded earlier by FMCSA. The exemption will be rescinded if:
(1) The person fails to comply with the terms and conditions of the
exemption; (2) the exemption has resulted in a lower level of safety
than was maintained before it was granted; or (3) continuation of the
exemption would not be consistent with the goals and objectives of 49
U.S.C. 31136(e) and 31315(b).

VI. Preemption

    During the period the exemption is in effect, no State shall
enforce any law or regulation that conflicts with this exemption with
respect to a person operating under the exemption.

VII. Conclusion

    Based upon its evaluation of the 17 exemption applications, FMCSA
renews the exemptions of the aforementioned drivers from the hearing
requirement in Sec.  391.41 (b)(11). In accordance with 49 U.S.C.
31136(e) and 31315(b), each exemption will be valid for 2 years unless
revoked earlier by FMCSA.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2022-00987 Filed 1-19-22; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 79, Number 223 (Wednesday, November 19, 2014)]
[Notices]
[Page 68955]
[FR Doc No: 2014-27301]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: License
Requirements for Operation of a Launch Site

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew an information
collection. The Federal Register Notice with a 60-day comment period
soliciting comments on the following collection of information was
published on September 9, 2014. The information to be collected
includes data required for performing launch site location analysis.
The launch site license is valid for a period of 5 years. Respondents
are licensees authorized to operate sites.

DATES: Written comments should be submitted by December 24, 2014.

ADDRESSES: Interested persons are invited to submit written comments on
the proposed information collection to the Office of Information and
Regulatory Affairs, Office of Management and Budget. Comments should be
addressed to the attention of the Desk Officer, Department of
Transportation/FAA, and sent via electronic mail to
<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>, or mailed to
the Office of Information and Regulatory Affairs, Office of Management
and Budget, Docket Library, Room 10102, 725 17th Street NW.,
Washington, DC 20503.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.

FOR FURTHER INFORMATION CONTACT: Kathy DePaepe at<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2120-0644.
    Title: License Requirements for Operation of a Launch Site.
    Form Numbers: There are no FAA forms associated with this
collection.
    Type of Review: Renewal of an information collection.
    Background: The Federal Register Notice with a 60-day comment
period soliciting comments on the following collection of information
was published on September 9, 2014 (79 FR 53508). The data requested
for a license application to operate a commercial launch site are
required by 51 U.S.C. 509. The information is needed in order to
demonstrate to the FAA Office of Commercial Space Transportation (FAA/
AST) that the proposed activity meets applicable public safety,
national security, and foreign policy interest of the United States.
    Respondents: Approximately 1 applicant.
    Frequency: Information is collected on occasion.
    Estimated Average Burden per Response: 2,322 hours.
    Estimated Total Annual Burden: 4,644 hours.

    Issued in Washington, DC on November 12, 2014.
Albert R. Spence,
FAA Assistant Information Collection Clearance Officer, IT Enterprises
Business Services Division, ASP-110.
[FR Doc. 2014-27301 Filed 11-18-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 157 (Thursday, August 14, 2014)]
[Rules and Regulations]
[Page 47591]
[FR Doc No: 2014-19091]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 579

[Docket No. NHTSA-2012-0068; Notice 7]
RIN 2127-AK72

Early Warning Reporting, Foreign Defect Reporting, and Motor
Vehicle and Equipment Recall Regulations; Delay of Effective Date;
Correction

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Final rule; delay of effective date; correction.

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SUMMARY: On August 20, 2013, NHTSA published a final rule amending its
Early Warning Rule (EWR) with an effective date of August 20, 2014. On
July 28, 2014, NHTSA published a rule which, in part, attempted to
delay the effective date of the provisions until January 1, 2015.
However, the information in the DATES section of the July 28 rule did
not adequately project that action. This document corrects that error.

DATES: This correction is effective August 20, 2014. The effective date
for the amendments to 49 CFR 579.21 and 579.22, published August 20,
2013 (78 FR 51382), and effective August 20, 2014, is delayed until
January 1, 2015.

FOR FURTHER INFORMATION CONTACT: For non-legal issues concerning early
warning provisions, contact Leo Yon, Safety Defects Engineer, Early
Warning Reporting Division, NHTSA, telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>For legal issues, contact Andrew DiMarsico, Office of
Chief Counsel, NHTSA, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: On August 20, 2013, NHTSA published a final
rule amending certain provisions of the EWR regulations at 49 CFR part
579 Subpart C ``Reporting of Early Warning Information.'' 78 FR 51382.
In summary, the new provisions:
     Require light vehicle manufacturers to specify the vehicle
type and the fuel and/or propulsion system type in their quarterly EWR
reports.
     Add new component categories for reporting on light
vehicles: Electronic stability control, forward collision avoidance,
lane departure prevention, and backover prevention, foundation brakes,
and automatic brake controls.
     Add one new component category for buses, emergency
vehicles, and medium-heavy vehicle manufacturers: Electronic stability
control/roll stability control.

Need for Correction

    The final rule stated that these new provisions will be effective
August 20, 2014. On July 28, 2014, at 79 FR 43670, NHTSA intended to
delay the effective date of the amendments to Sec. Sec.  579.21 and
579.22 until January 1, 2015, but did not correctly state that in the
DATES section.
    In FR Doc. 2014-17497 appearing on page 43671 in the Federal
Register of Monday, July 28, 2014, the following corrections are made:
    In the DATES section in the left column, revise the second
paragraph to read as follows:
    ``The effective date for the amendments to 49 CFR 579.21 in this
final rule is January 1, 2015. The effective date for the amendments to
49 CFR 579.21 and 579.22, published August 20, 2013 (78 FR 51382), and
effective August 20, 2014, is delayed until January 1, 2015.''

Nancy L. Lewis,
Associate Administrator for Enforcement.
[FR Doc. 2014-19091 Filed 8-13-14; 8:45 am]
BILLING CODE 4910-59-P