[Federal Register Volume 77, Number 66 (Thursday, April 5, 2012)]
[Rules and Regulations]
[Pages 20531-20536]
[FR Doc No: 2012-8196]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 400, 401, 404, 405, 406, 413, 414, 415, 417, 420, 431,
433, 435, 437, 440, 460

49 CFR Part 1

[Docket No. FAA-2012-0232; Amendment Nos. 400-3, 401-7, 404-5, 405-5,
406-7, 413-10, 414-2, 415-5, 417-3, 420-5, 431-3, 433-2, 435-2, 437-1,
440-3, 460-1; 1-114; related to Docket Nos. 28851, 43810, FAA-1999-
5535, FAA-1999-5833, FAA-1999-5835, FAA-2000-7953, FAA-2001-8607, FAA-
2005-21332, FAA-2005-23449, FAA-2006-24197, FAA-2007-27390; OST Docket
No. 1]
[RINs 2120-AF99, 2120-AG71, 2120-AG15, 2120-AG72, 2120-AG37, 2120-AH18,
2120-AI50, 2120-AI57, 2120-AI56, 2120-AI88]

Correction of Authority Citations for Commercial Space
Transportation

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Technical amendment.

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SUMMARY: In 2010, Congress transferred the statute authorizing the
FAA's commercial space transportation regulations. This action is
necessary to correct affected citations in the Code of Federal
Regulations to reflect this transfer of authority. The intended effect
of this action is to make the affected regulations comply with the
statute.

DATES: These amendments become effective April 5, 2012.

FOR FURTHER INFORMATION CONTACT: Laura Montgomery, Senior Attorney for
Commercial Space Transportation, Office of the Chief Counsel,
Regulations Division, AGC-200, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone (202) 267-
3150; facsimile<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    Since 1994, the FAA has operated in the area of commercial space
launch activities under the authority delegated by Congress in 49
U.S.C. chapter 701. See Revision of Title 49, United States Code
Annotated, ``Transportation,'' Public Law 103-272, 108 Stat. 745, 1130
(1994). The FAA implements these regulations through Title 14, Code of
Federal Regulations (14 CFR) chapter III, Commercial Space
Transportation.
    In 2010, Congress consolidated commercial space laws into a single,
unified title of the United States Code. See Enactment of Title 51--
National and Commercial Space Programs, Public Law 111-314, 124 Stat.
3328 (2010). Congress' purpose was ``to codify certain existing laws
related to national and commercial space programs as a positive law
title of the United States Code.'' Id. During this process, 49 U.S.C.
chapter 701 was transferred and redesignated as 51 U.S.C. chapter 509.
The recodification makes no substantive changes.
    The congressional transfer of authority made a number of citations
in the Code of Federal Regulations obsolete. See 14 CFR chapter III
(2011); 49 CFR 1.47 (2010). This amendment corrects the affected
citations to accurately reference the new citations. This amendment
does not make substantive changes to the affected regulations.

List of Subjects

14 CFR Part 400

    Space transportation and exploration.

14 CFR Part 401

    Organization and functions (Government agencies), Space safety,
Space transportation and exploration.

14 CFR Part 404

    Administrative practice and procedure, Space safety, Space
transportation and exploration.

14 CFR Part 405

    Investigations, Penalties, Space safety, Space transportation and
exploration.

14 CFR Part 406

    Administrative practice and procedure, Space safety, Space
transportation and exploration.

14 CFR Part 413

    Confidential business information, Human space flight, Reporting
and recordkeeping requirements, Space safety, Space transportation and
exploration.

14 CFR Part 414

    Airspace, Aviation safety, Space transportation and exploration.

14 CFR Part 415

    Aviation safety, Environmental protection, Rockets, Space safety,
Space transportation and exploration.

14 CFR Part 417

    Aviation safety, Reporting and recordkeeping requirements, Rockets,
Space safety, Space transportation and exploration.

14 CFR Part 420

    Airspace, Human space flight, Space safety, Space transportation
and exploration.

14 CFR Part 431

    Aviation safety, Environmental protection, Human space flight,
Reporting and recordkeeping, Rockets, Space safety, Space
transportation and exploration.

14 CFR Part 433

    Aviation safety, Environmental protection, Investigations,
Reporting and recordkeeping requirements, Space transportation and
exploration.

14 CFR Part 435

    Aviation safety, Environmental protection, Investigations,
Reporting and recordkeeping requirements, Space safety, Space
transportation and exploration.

14 CFR Part 437

    Aviation safety, Airspace, Human space flight, Rockets, Space
safety, Space transportation and exploration.

14 CFR Part 440

    Armed forces, Claims, Federal building and facilities, Government
property, Indemnity payments, Insurance, Reporting and recordkeeping
requirements, Rockets, Space transportation and exploration.

14 CFR Part 460

    Human space flight, Reporting and recordkeeping requirements,
Rockets, Space safety, Space transportation and exploration.

49 CFR Part 1

    Authority delegations (Government agencies), Organizations and
functions (Government agencies).

The Amendments

    In consideration of the foregoing, the Federal Aviation
Administration amends chapter III of title 14, Code of Federal
Regulations, and subtitle A of title 49, Code of Federal Regulations,
as follows:

Title 14--Aeronautics and Space

CHAPTER III--COMMERCIAL SPACE TRANSPORTATION, FEDERAL AVIATION
ADMINISTRATION, DEPARTMENT OF TRANSPORTATION

PART 400--BASIS AND SCOPE

0
1. The authority citation for part 400 is revised to read as follows:

    Authority:  51 U.S.C. 50901-50923.

0
2. Revise Sec.  400.2 to read as follows:

Sec.  400.2  Scope.

    The regulations in this part set forth the procedures and
requirements applicable to the authorization and supervision under 51
U.S.C. Subtitle V, chapter 509, of commercial space transportation
activities conducted in the United States or by a U.S. citizen. The
regulations in this chapter do not apply to amateur rockets activities,
as defined in 14 CFR 1.1, or to space activities carried out by the
United States Government on behalf of the United States Government.

PART 401--ORGANIZATION AND DEFINITIONS

0
3. The authority citation for part 401 is revised to read as follows:

    Authority:  51 U.S.C. 50101-50923.

0
4. Revise the definitions of ``act'' and ``operator'' in Sec.  401.5 to
read as follows:

Sec.  401.5  Definitions.

* * * * *
    Act means 51 U.S.C Subtitle V, Programs Targeting Commercial
Opportunities, chapter 509--Commercial Space Launch Activities, 51
U.S.C. 50901-50923.
* * * * *
    Operator means a holder of a license or permit under 51 U.S.C.
Subtitle V, chapter 509.
* * * * *

PART 404--REGULATIONS AND LICENSING REQUIREMENTS

0
5. The authority citation for part 404 is revised to read as follows:

    Authority:  51 U.S.C. 50901-50923.

0
6. Revise Sec.  404.1 to read as follows:

Sec.  404.1  Scope.

    This part establishes procedures for issuing regulations to
implement 51 U.S.C. Subtitle V, chapter 509, and for eliminating or
waiving requirements for licensing or permitting of commercial space
transportation activities under that statute.

PART 405--INVESTIGATIONS AND ENFORCEMENT

0
7. The authority citation for part 405 is revised to read as follows:

    Authority:  51 U.S.C. 50901-50923.

PART 406--INVESTIGATIONS, ENFORCEMENT, AND ADMINISTRATIVE REVIEW

0
8. The authority citation for part 406 is revised to read as follows:

     Authority:  51 U.S.C. 50901-50923.

0
9. Revise Sec.  406.1(a) introductory text to read as follows:

Sec.  406.1  Hearings in license, permit, and payload actions.

    (a) Pursuant to 51 U.S.C. 50912, the following are entitled to a
determination on the record after an opportunity for a hearing in
accordance with 5 U.S.C. 554.
* * * * *

0
10. Revise Sec.  406.9(a) to read as follows:

Sec.  406.9  Civil penalties.

    (a) Civil penalty liability. Under 51 U.S.C. 50917(c), a person
found by the FAA to have violated a requirement of the Act, a
regulation issued under the Act, or any term or condition of a license
or permit issued or transferred under the Act, is liable to the United
States for a civil penalty of not more than $110,000 for each
violation, as adjusted for inflation. A separate violation occurs for
each day the violation continues.
* * * * *

0
11. Revise Sec.  406.117(b), (c)(2), and (c)(3) to read as follows:

Sec.  406.117  Confidential information.

* * * * *
    (b) Marked information not made public. If a party files a document
in a sealed envelope clearly marked ``CONFIDENTIAL'' the document may
not be made available to the public unless and until the administrative
law judge or the FAA decisionmaker decides it may be made available to
the public in accordance with 51 U.S.C. 50916.
    (c) * * *
    (2) If the party claims that the information is protected under 51
U.S.C. 50916, and if both the complainant and the respondent agree that
the information is protected under that section, the administrative law
judge must grant the motion. If one party does not agree that the
information is protected under 51 U.S.C. 50916 the administrative law
judge must decide. Either party may file an interlocutory appeal of
right under Sec.  406.173(c).
    (3) If the party claims that the information should be protected on
grounds other than those provided by 51 U.S.C. 50916 the administrative
law judge must grant the motion if, based on the motion and any
response to the motion, the administrative law judge determines that
disclosure would be detrimental to safety, disclosure would not be in
the public interest, or that the information is not otherwise required
to be made available to the public.
* * * * *

0
12. Revise Sec.  406.159(c) to read as follows:

Sec.  406.159  Subpoenas.

* * * * *
    (c) Enforcement of subpoena. Upon a showing that a person has
failed or refused to comply with a subpoena, the Secretary may apply to
the appropriate district court of the United States to seek enforcement
of the subpoena in accordance with 51 U.S.C. 50917(c). A party may
request the Secretary to seek such enforcement.

0
13. Revise Sec.  406.173(c)(3) to read as follows:

Sec.  406.173  Interlocutory appeals.

* * * * *
    (c) * * *
    (3) Failure of the administrative law judge to grant a motion for a
confidentiality order based on 51 U.S.C. 50916, under Sec.
406.117(c)(2).
* * * * *

PART 413--LICENSE APPLICATION PROCEDURES

0
14. The authority citation for part 413 is revised to read as follows:

    Authority:  51 U.S.C. 50901-50923.

PART 414--SAFETY APPROVALS

0
15. The authority citation for part 414 is revised to read as follows:

    Authority:  51 U.S.C. 50901-50923.

PART 415--LAUNCH LICENSE

0
16. The authority citation for part 415 is revised to read as follows:

    Authority:  51 U.S.C. 50901-50923.

PART 417--LAUNCH SAFETY

0
17. The authority citation for part 417 is revised to read as follows:

    Authority:  51 U.S.C. 50901-50923.

PART 420--LICENSE TO OPERATE A LAUNCH SITE

0
18. The authority citation for part 420 is revised to read as follows:

    Authority:  51 U.S.C. 50901-50923.

0
19. Revise Sec.  420.41(a) to read as follows:

Sec.  420.41  License to operate a launch site--general.

    (a) A license to operate a launch site authorizes a licensee to
operate a launch site in accordance with the representations contained
in the licensee's application, with terms and conditions contained in
any license order accompanying the license, and subject to the
licensee's compliance with 51 U.S.C. Subtitle V, chapter 509 and this
chapter.
* * * * *

0
20. Revise Sec.  420.51(b) to read as follows:

Sec.  420.51  Responsibilities--general.

* * * * *
    (b) A licensee is responsible for compliance with 51 U.S.C.
Subtitle V, chapter 509 and for meeting the requirements of this
chapter.

PART 431--LAUNCH AND REENTRY OF A RESUSABLE LAUNCH VEHICLE (RLV)

0
21. The authority citation for part 431 is revised to read as follows:

    Authority:  51 U.S.C. 50901-50923.

0
22. Revise Sec.  431.11 to read as follows:

Sec.  431.11  Additional license terms and conditions.

    The FAA may amend an RLV mission license at any time by modifying
or adding license terms and conditions to ensure compliance with 51
U.S.C. Subtitle V, chapter 509, and applicable regulations.

PART 433--LICENSE TO OPERATE A REENTRY SITE

0
23. The authority citation for part 433 is revised to read as follows:

    Authority:  51 U.S.C. 50901-50923.

PART 435--REENTRY OF A REENTRY VEHICLE OTHER THAN A REUSABLE LAUNCH
VEHICLE

0
24. The authority citation for part 435 is revised to read as follows:

    Authority:  51 U.S.C. 50901-50923.

0
25. Revise Sec.  435.11 to read as follows:

Sec.  435.11  Additional license terms and conditions.

    The FAA may amend a reentry license at any time by modifying or
adding license terms and conditions to ensure compliance with 51 U.S.C.
Subtitle V, chapter 509, and applicable regulations.

PART 437--EXPERIMENTAL PERMITS

0
26. The authority citation for part 437 is revised to read as follows:

    Authority:  51 U.S.C. 50901-50923.

0
27. Revise Sec.  437.13 to read as follows:

Sec.  437.13  Additional experimental permit terms and conditions.

    The FAA may modify an experimental permit at any time by modifying
or adding permit terms and conditions to ensure compliance with 51
U.S.C. Subtitle V, chapter 509.

PART 440--FINANCIAL RESPONSIBILITY

0
28. The authority citation for part 440 is revised to read as follows:

    Authority:  51 U.S.C. 50901-50923.

0
29. Revise the introductory text and definition of ``financial
responsibility'' in Sec.  440.3 to read as follows:

Sec.  440.3  Definitions.

    Except as otherwise provided in this section, any term used in this
part and defined in 51 U.S.C. 50901-50923, or in Sec.  401.5 of this
chapter shall have the meaning contained therein. For purposes of this
part--
* * * * *
    Financial responsibility means capable of satisfying a liability
obligation as required by 51 U.S.C Subtitle V, chapter 509.
* * * * *

0
30. Revise Sec.  440.5(c)(2) to read as follows:

Sec.  440.5  General.

* * * * *
    (c) * * *
    (2) Any covered claim of a third party for bodily injury or
property damage arising out of any particular licensed activity exceeds
the amount of financial responsibility required under Sec.  440.9(c) of
this part and does not exceed $1,500,000,000 (as adjusted for inflation
occurring after January 1, 1989) above such amount, and are payable
pursuant to 51 U.S.C. 50915 and Sec.  440.19 of this part. A claim of
an employee of any entity listed in paragraphs (1)(ii) through (1)(iii)
in the Third party definition in Sec.  440.3 of this part for bodily
injury or property damage is not a covered claim;
* * * * *

0
31. Revise Sec.  440.15(b) and (c)(1)(iii) to read as follows:

Sec.  440.15  Demonstration of compliance.

* * * * *
    (b) Upon a complete demonstration of compliance with financial
responsibility and allocation of risk requirements under this part, the
requirements of this part shall preempt each and any provision in any
agreement between the licensee or permittee and an agency of the United
States governing access to or use of United States launch or reentry
property or launch or reentry services for a licensed or permitted
activity which addresses financial responsibility, allocation of risk
and

related matters covered by 51 U.S.C. 50914, 50915.
* * * * *
    (c) * * *
    (1) * * *
    (iii) In the event of any policy exclusions or limitations of
coverage that may be considered usual under Sec.  440.19(c), or for
purposes of implementing the Government's waiver of claims for property
damage under 51 U.S.C. 50914(b), certifying that insurance covering the
excluded risks is not commercially available at reasonable cost; and
* * * * *

0
32. Revise Sec.  440.19(a), (d), (e) introductory text, and (f)(1) to
read as follows:

Sec.  440.19  United States payment of excess third-party liability
claims.

    (a) The United States pays successful covered claims (including
reasonable expenses of litigation or settlement) of a third party
against a licensee, a customer, and the contractors and subcontractors
of the licensee and the customer, and the employees of each involved in
licensed activities, and the contractors and subcontractors of the
United States and its agencies, and their employees, involved in
licensed activities to the extent provided in an appropriation law or
other legislative authority providing for payment of claims in
accordance with 51 U.S.C. 50915, and to the extent the total amount of
such covered claims arising out of any particular launch or reentry:
* * * * *
    (d) Upon the expiration of the policy period prescribed in
accordance with Sec.  440.11(a), the United States shall provide for
payment of claims that are payable under 51 U.S.C. 50915 from the first
dollar of loss up to $1,500,000,000 (as adjusted for inflation
occurring after January 1, 1989).
    (e) Payment by the United States of excess third-party claims under
51 U.S.C. 50915 shall be subject to:
* * * * *
    (f) * * *
    (1) Prepare a compensation plan outlining the total amount of
claims and meeting the requirements set forth in 51 U.S.C. 50915;
* * * * *

0
33. Revise Appendix D to part 440 to read as follows:

Appendix D to Part 440--Agreement for Waiver of Claims and Assumption
of Responsibility for a Crew Member

    THIS AGREEMENT is entered into this ---- day of --------, by and
among [name of Crew Member] (the ``Crew Member'') and the Federal
Aviation Administration of the Department of Transportation, on
behalf of the United States Government (collectively, the
``Parties''), to implement the provisions of section 440.17(f) of
the Commercial Space Transportation Licensing Regulations, 14 CFR
chapter III (the ``Regulations''). This agreement applies to the
Crew Member's participation in activities that the FAA has
authorized by license or permit during the Crew Member's employment
with [Name of licensee or permittee].
    In consideration of the mutual releases and promises contained
herein, the Parties hereby agree as follows:

1. Definitions

    Crew Member means:
    (a) The above-named Crew Member,
    (b) All the heirs, administrators, executors, assignees, next of
kin, and estate of the above-named Crew Member, and
    (c) Anyone who attempts to bring a claim on behalf of the Crew
Member or for damage or harm arising out of the Bodily Injury,
including Death, of the Crew Member.
    License/Permit means License/Permit No. -------- issued on ----
----, by the Associate Administrator for Commercial Space
Transportation, Federal Aviation Administration, Department of
Transportation, to the Licensee/Permittee, including all license/
permit orders issued in connection with the License/Permit.
    Licensee/Permittee means the Licensee/Permittee and any
transferee of the Licensee under 51 U.S.C. Subtitle V, chapter 509.
    United States means the United States and its agencies involved
in Licensed/Permitted Activities.
    Except as otherwise defined herein, terms used in this Agreement
and defined in 51 U.S.C. Subtitle V, chapter 509--Commercial Space
Launch Activities, or in the Regulations, shall have the same
meaning as contained in 51 U.S.C. Subtitle V, chapter 509, or the
Regulations, respectively.

2. Waiver and Release of Claims

    (a) Crew Member hereby waives and releases claims it may have
against the United States, and against its respective Contractors
and Subcontractors, for Bodily Injury, including Death, or Property
Damage sustained by Crew Member, resulting from Licensed/Permitted
Activities, regardless of fault.
    (b) The United States hereby waives and releases claims it may
have against the Crew Member for Property Damage it sustains, and
for Bodily Injury, including Death, or Property Damage sustained by
its own employees, resulting from Licensed/Permitted Activities,
regardless of fault.

3. Assumption of Responsibility

    (a) The Crew Member shall be responsible for Bodily Injury,
including Death, or Property Damage sustained by Crew Member,
resulting from Licensed/Permitted Activities, regardless of fault.
The Crew Member shall hold harmless the United States, and the
Contractors and Subcontractors of each Party, for Bodily Injury,
including Death, or Property Damage sustained by Crew Member,
resulting from Licensed/Permitted Activities, regardless of fault.
    (b) The United States shall be responsible for Property Damage
it sustains, and for Bodily Injury, including Death, or Property
Damage sustained by its own employees, resulting from Licensed
Activities, regardless of fault, to the extent that claims it would
otherwise have for such damage or injury exceed the amount of
insurance or demonstration of financial responsibility required
under sections 440.9(c) and (e), respectively, of the Regulations.
    (c) The United States shall be responsible for Property Damage
it sustains, resulting from Permitted Activities, regardless of
fault, to the extent that claims it would otherwise have for such
damage exceed the amount of insurance or demonstration of financial
responsibility required under section 440.9(e) of the Regulations.

4. Extension of Assumption of Responsibility and Waiver and Release of
Claims

    (a) The United States shall extend the requirements of the
waiver and release of claims, and the assumption of responsibility
as set forth in paragraphs 2(b) and 3(b), respectively, to its
Contractors and Subcontractors by requiring them to waive and
release all claims they may have against Crew Member and to agree to
be responsible, for any Property Damage the Contractors and
Subcontractors sustain and for any Bodily Injury, including Death,
or Property Damage sustained by their own employees, resulting from
Licensed Activities, regardless of fault.
    (b) The United States shall extend the requirements of the
waiver and release of claims, and the assumption of responsibility
as set forth in paragraphs 2(b) and 3(c), respectively, to its
Contractors and Subcontractors by requiring them to waive and
release all claims the Contractors and Subcontractors may have
against Crew Member and to agree to be responsible, for any Property
Damage they sustain, resulting from Permitted Activities, regardless
of fault.

5. Indemnification

    Crew Member shall hold harmless and indemnify the United States
and its agencies, servants, agents, subsidiaries, employees and
assignees, or any of them, from and against liability, loss, or
damage arising out of claims brought by anyone for Property Damage
or Bodily Injury, including Death, sustained by Crew Member,
resulting from Licensed/Permitted Activities.

6. Assurances Under 51 U.S.C. 50914(e)

    Notwithstanding any provision of this Agreement to the contrary,
Crew Member shall hold harmless the United States and its agencies,
servants, agents, employees and assignees, or any of them, from and
against liability, loss or damage arising out of claims for Bodily
Injury, including Death, or Property Damage, sustained by Crew
Member, resulting from Licensed/Permitted Activities, regardless of
fault, except to the extent that, as provided in section 6(b) of
this Agreement, claims result from willful misconduct of the United
States or its agents.

7. Miscellaneous

    (a) Nothing contained herein shall be construed as a waiver or
release by the United States of any claim by an employee of the
United States, respectively, including

a member of the Armed Forces of the United States, for Bodily Injury
or Property Damage, resulting from Licensed/Permitted Activities.
    (b) Notwithstanding any provision of this Agreement to the
contrary, any waiver, release, assumption of responsibility or
agreement to hold harmless herein shall not apply to claims for
Bodily Injury, including Death, or Property Damage resulting from
willful misconduct of any of the Parties, the Contractors and
Subcontractors of any of the Parties, and in the case of the United
States, its agents.
    (c) This Agreement shall be governed by and construed in
accordance with United States Federal law.
    In witness whereof, the Parties to this Agreement have caused
the Agreement to be duly executed by their respective duly
authorized representatives as of the date written above.
    I [name of Crew Member] have read and understand this agreement
and agree that I am bound by it.

Crew Member

Signature:-------------------------------------------------------------

Printed Name:----------------------------------------------------------

Federal Aviation Administration of the Department of Transportation
on Behalf of the United States Government

By:--------------------------------------------------------------------

Its:-------------------------------------------------------------------

Associate Administrator for Commercial Space Transportation

0
34. Revise Appendix E to part 440 to read as follows:

Appendix E to Part 440--Agreement for Waiver of Claims and Assumption
of Responsibility for a Space Flight Participant

    This agreement is entered into this ---- day of --------, by and
among [name of Space Flight Participant] (the ``Space Flight
Participant'') and the Federal Aviation Administration of the
Department of Transportation, on behalf of the United States
Government (collectively, the ``Parties''), to implement the
provisions of section 440.17(e) of the Commercial Space
Transportation Licensing Regulations, 14 CFR chapter III (the
``Regulations''). This agreement applies to Space Flight
Participant's travel on [name of launch or reentry vehicle] of [name
of Licensee or Permittee]. In consideration of the mutual releases
and promises contained herein, the Parties hereby agree as follows:

1. Definitions

    Space Flight Participant means
    (a) The above-named Space Flight Participant,
    (b) All the heirs, administrators, executors, assignees, next of
kin, and estate of the above-named Space Flight Participant, and
    (c) Anyone who attempts to bring a claim on behalf of the Space
Flight Participant or for damage or harm arising out of the Bodily
Injury, including Death, of the Space Flight Participant.
    License/Permit means License/Permit No. -------- issued on ----
----, by the Associate Administrator for Commercial Space
Transportation, Federal Aviation Administration, Department of
Transportation, to the Licensee/Permittee, including all license/
permit orders issued in connection with the License/Permit.
    Licensee/Permittee means the Licensee/Permittee and any
transferee of the Licensee under 51 U.S.C. Subtitle V, chapter 509.
    United States means the United States and its agencies involved
in Licensed/Permitted Activities.
    Except as otherwise defined herein, terms used in this Agreement
and defined in 51 U.S.C. Subtitle V, chapter 509--Commercial Space
Launch Activities, or in the Regulations, shall have the same
meaning as contained in 51 U.S.C. Subtitle V, chapter 509, or the
Regulations, respectively.

2. Waiver and Release of Claims

    (a) Space Flight Participant hereby waives and releases claims
it may have against the United States, and against its respective
Contractors and Subcontractors, for Bodily Injury, including Death,
or Property Damage sustained by Space Flight Participant, resulting
from Licensed/Permitted Activities, regardless of fault.
    (b) The United States hereby waives and releases claims it may
have against Space Flight Participant for Property Damage it
sustains, and for Bodily Injury, including Death, or Property Damage
sustained by its own employees, resulting from Licensed/Permitted
Activities, regardless of fault.

3. Assumption of Responsibility

    (a) Space Flight Participant shall be responsible for Bodily
Injury, including Death, or Property Damage sustained by the Space
Flight Participant resulting from Licensed/Permitted Activities,
regardless of fault. Space Flight Participant shall hold harmless
the United States, and its Contractors and Subcontractors, for
Bodily Injury, including Death, or Property Damage sustained by
Space Flight Participant from Licensed/Permitted Activities,
regardless of fault.
    (b) The United States shall be responsible for Property Damage
it sustains, and for Bodily Injury, including Death, or Property
Damage sustained by its own employees, resulting from Licensed
Activities, regardless of fault, to the extent that claims it would
otherwise have for such damage or injury exceed the amount of
insurance or demonstration of financial responsibility required
under sections 440.9(c) and (e), respectively, of the Regulations.
    (c) The United States shall be responsible for Property Damage
it sustains, resulting from Permitted Activities, regardless of
fault, to the extent that claims it would otherwise have for such
damage exceed the amount of insurance or demonstration of financial
responsibility required under section 440.9(e) of the Regulations.

4. Extension of Assumption of Responsibility and Waiver and Release of
Claims

    (a) The United States shall extend the requirements of the
waiver and release of claims, and the assumption of responsibility
as set forth in paragraphs 2(b) and 3(b), respectively, to its
Contractors and Subcontractors by requiring them to waive and
release all claims they may have against Space Flight Participant,
and to agree to be responsible, for any Property Damage they sustain
and for any Bodily Injury, including Death, or Property Damage
sustained by their own employees, resulting from Licensed
Activities, regardless of fault.
    (b) The United States shall extend the requirements of the
waiver and release of claims, and the assumption of responsibility
as set forth in paragraphs 2(b) and 3(c), respectively, to its
Contractors and Subcontractors by requiring them to waive and
release all claims they may have against Space Flight Participant,
and to agree to be responsible, for any Property Damage the
Contractors and Subcontractors sustain, resulting from Permitted
Activities, regardless of fault.

5. Indemnification

    Space Flight Participant shall hold harmless and indemnify the
United States and its agencies, servants, agents, subsidiaries,
employees and assignees, or any of them, from and against liability,
loss or damage arising out of claims brought by anyone for Property
Damage or Bodily Injury, including Death, sustained by Space Flight
Participant, resulting from Licensed/Permitted Activities.

6. Assurances Under 51 U.S.C. 50914(e)

    Notwithstanding any provision of this Agreement to the contrary,
Space Flight Participant shall hold harmless the United States and
its agencies, servants, agents, employees and assignees, or any of
them, from and against liability, loss or damage arising out of
claims for Bodily Injury, including Death, or Property Damage,
sustained by Space Flight Participant, resulting from Licensed/
Permitted Activities, regardless of fault, except to the extent
that, as provided in section 6(b) of this Agreement, claims result
from willful misconduct of the United States or its agents.

7. Miscellaneous

    (a) Nothing contained herein shall be construed as a waiver or
release by the United States of any claim by an employee of the
United States, respectively, including a member of the Armed Forces
of the United States, for Bodily Injury or Property Damage,
resulting from Licensed/Permitted Activities.
    (b) Notwithstanding any provision of this Agreement to the
contrary, any waiver, release, assumption of responsibility or
agreement to hold harmless herein shall not apply to claims for
Bodily Injury, including Death, or Property Damage resulting from
willful misconduct of any of the Parties, the Contractors,
Subcontractors, and agents of the United States, and Space Flight
Participant.
    (c) This Agreement shall be governed by and construed in
accordance with United States Federal law.
    In witness whereof, the Parties to this Agreement have caused
the Agreement to be duly executed by their respective duly
authorized representatives as of the date written above.
    I [name of Space Flight Participant] have read and understand
this agreement and agree that I am bound by it.

Space Flight Participant

Signature:-------------------------------------------------------------

Printed Name:----------------------------------------------------------

Federal Aviation Administration of the Department of Transportation
on Behalf of the United States Government

By:--------------------------------------------------------------------

Its:-------------------------------------------------------------------

Associate Administrator for Commercial Space Transportation

PART 460--HUMAN SPACE FLIGHT REQUIREMENTS

0
35. The authority citation for part 460 is revised to read as follows:

    Authority: 51 U.S.C. 50901-50923.

Title 49--Transportation

Subtitle A--Office of the Secretary of Transportation

PART 1--ORGANIZATION AND DELEGATION OF POWERS AND DUTIES

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

    Authority: 49 U.S.C. 322; 46 U.S.C. 2104(a); 28 U.S.C. 2672; 31
U.S.C. 3711(a)(2); Pub. L. 101-552, 104 Stat. 2736; Pub. L. 106-159,
113 Stat. 1748; Pub. L. 107-71, 115 Stat. 597; Pub. L. 107-295, 116
Stat. 2064; Pub. L. 108-136, 117 Stat. 1392; Pub. L. 101-115, 103
Stat. 691; Pub. L. 108-293, 118 Stat. 1028; Pub. L. 109-364, 120
Stat. 2083; Pub. L. 110-140, 121 Stat. 1492; Pub. L. 110-432, 122
Stat. 4848.

0
37. Revise Sec.  1.47(v) to read as follows:

Sec.  1.47  Delegations to Federal Aviation Administrator.

* * * * *
    (v) Carry out the functions vested in the Secretary by 51 U.S.C.
Subtitle V.
* * * * *

    Issued in Washington, DC, on March 25, 2012.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.
[FR Doc. 2012-8196 Filed 4-4-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 75, Number 247 (Monday, December 27, 2010)]
[Rules and Regulations]
[Page 81110]
[FR Doc No: 2010-32293]

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

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2010-0354 Airspace Docket No. 10-AAL-10]

Establishment of Class E Airspace; Port Clarence, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; correction.

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

SUMMARY: This action corrects errors in the legal description and
airport coordinates for Port Clarence Coast Guard Station (CGS)
Airport, Port Clarence, AK, contained in a final rule that was
published in the Federal Register.

DATES: Effective date 0901 UTC, January 13, 2011.

FOR FURTHER INFORMATION CONTACT: Martha Dunn, AAL-538G, Federal
Aviation Administration, 222 West 7th Avenue, Box 14, Anchorage, AK
99513-7587; telephone number<PHONE_NUMBER>; fax:<PHONE_NUMBER>; e-
mail<EMAIL_ADDRESS>Internet address: http://www.faa.gov/about/office_org/headquarters_offices/ato.service_units/systemops/fs/alaskan/rulemaking/.

SUPPLEMENTARY INFORMATION:

History

    Federal Register Document FAA-2010-0354, Airspace Docket No. 10-
AAL-10, published on Tuesday, October 12, 2010 [75 FR 62457]
establishes Class E airspace at Port Clarence CGS Airport, Port
Clarence, AK. The airspace description referred to the Anchorage Arctic
CTA/FIR boundary as a limitation of the western boundary of the Class E
airspace area. This reference is in error and is corrected by
substituting the actual coordinates of the boundary. The airport
reference point coordinates also contained an error caused by rounding.
This action corrects that error. The correct full legal description is
provided below.

Correction to Final Rule

0
Accordingly, pursuant to the authority delegated to me, the Class E
airspace legal description for Port Clarence CGS Airport, published in
the Federal Register, Tuesday, October 12, 2010 (75 FR 62457), FR Doc
2010-25479, page 62458, column 2 is corrected as follows:

AAL AK E5 Port Clarence, AK [Corrected]

Port Clarence, CGS Airport, AK
    (Lat. 65[deg]15'12'' N., Long. 166[deg]51'27'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of the Port Clarence CGS Airport, AK and
within 1.5 miles either side of the 180[deg] bearing from the Port
Clarence CGS Airport, extending from the 6.4-mile radius to 13.2
miles south of the Port Clarence CGS Airport; and that airspace
extending upward from 1,200 feet above the surface within a 73 mile
radius of the Port Clarence CGS Airport, AK, excluding that portion
extending west of a line from Lat. 64[deg]48'20'' N., Long.
169[deg]31'27'' W., to Lat. 60[deg]00'00'' N., Long. 168[deg]58'23''
W., to Lat. 66[deg]05'44'' N., Long. 168[deg]58'23'' W.

    Issued in Anchorage, AK, on December 13, 2010.
James M. Miller,
Acting Manager, Alaska Flight Services Information Area Group.
[FR Doc. 2010-32293 Filed 12-23-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 112 (Friday, June 10, 2016)]
[Notices]
[Pages 37602-37603]
[FR Doc No: 2016-13790]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-N-0511]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Medicated Feed Mill
License Application

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

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

DATES: Fax written comments on the collection of information by July
11, 2016.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
FAX:<PHONE_NUMBER>, or emailed to<EMAIL_ADDRESS>All
comments should be identified with the OMB control number 0910-0337.
Also include the FDA docket number found in brackets in the heading of
this document.

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations,
Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver
Spring, MD 20993-0002<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Medicated Feed Mill License Application--21 CFR Part 515--OMB Control
Number 0910-0337--Revision

    Feed manufacturers that seek to manufacture feed using Category II,
Type A medicated articles or manufacture certain liquid and free-choice
feed, using Category I, Type A medicated articles that must follow
proprietary formulas or specifications are required to obtain a
facility license under section 512 of the Federal Food, Drug, and
Cosmetic Act (the FD&C Act) (21 U.S.C. 360b). Our regulations in part
515 (21 CFR part 515) establish the procedures associated with applying
for a facility license. We require that a manufacturer seeking a
facility license submit a completed medicated feed mill license
application using Form FDA 3448 (21 CFR 515.10(b)). We use the
information submitted to establish that the applicant has made the
certifications required by section 512 of the FD&C Act, to register the
mill, and to schedule a pre-approval inspection. We have made minor
editorial revisions to Form FDA 3448, including the addition of a
dedicated field for the submitter's email address in the contact
information section. We estimate that the revisions will not change the
amount of time necessary to complete the form.
    We require the submission of a supplemental medicated feed mill
license application for a change in facility ownership or a change in
facility address (Sec.  515.11(b)). If a licensed facility is no longer
manufacturing medicated animal feed under Sec.  515.23, a manufacturer
may request voluntary revocation of a medicated feed mill license. An
applicant also has the right to file a request for hearing under Sec.
515.30(c) to give reasons why a medicated feed mill license should not
be refused or revoked.
    In the Federal Register of March 9, 2016 (81 FR 12509), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. FDA received one comment, which was not
responsive to the comment request.
    We estimate the burden of this collection of information as
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Number of
         21 CFR section and activity             Number of     responses per   Total annual           Average burden per response           Total hours
                                                respondents     respondent       responses
--------------------------------------------------------------------------------------------------------------------------------------------------------
Medicated Feed Mill License Application                   20               1              20  0.25 (15 minutes).........................               5
 using Form FDA 3448 (515.10(b)).
Supplemental Feed Mill License Application                40               1              40  0.25 (15 minutes).........................              10
 using Form FDA 3448 (515.11(b)).
Voluntary Revocation of Medicated Feed Mill               40               1              40  0.25 (15 minutes).........................              10
 License.
(515.23)....................................
Filing a Request for a Hearing on Medicated                1               1               1  4.........................................               4
 Feed Mill License (515.30(c)).
                                             -----------------------------------------------------------------------------------------------------------
    Total...................................  ..............  ..............  ..............  ..........................................              29
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

                                                   Table 2--Estimated Annual Recordkeeping Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Number of
         21 CFR section and activity             Number of      records per    Total annual        Average burden per recordkeeping         Total hours
                                               recordkeepers   recordkeeper       records
--------------------------------------------------------------------------------------------------------------------------------------------------------
Maintenance of Records for Approved Labeling             890               1             890  0.03 (2 minutes)..........................              27
 for Each ``Type B'' and ``Type C'' Feed
 (510.305).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    These estimates are based on our experience with medicated feed
mill license applications. We estimate that we will receive 20
medicated feed mill license applications, 40 supplemental applications,
40 requests for voluntary revocation, and that these submissions will
take approximately 15 minutes per response, as shown in table 1, rows 1
through 3. We estimate that preparing a request for a hearing under
Sec.  515.30(c) takes approximately 4 hours, as shown in table 1, row
4. In table 2, we estimate that 890 licensees will keep the records
required by 21 CFR 510.305 expending a total of 27 hours annually.

    Dated: June 6, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-13790 Filed 6-9-16; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register: December 15, 2006 (Volume 71, Number 241)]
[Notices]
[Page 75528]
[DOCID:fr15de06-59]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP07-29-000]

Sabine Pipe Line LLC; Notice of Proposed Changes In FERC Gas
Tariff

December 8, 2006.
    Take notice that on December 4, 2006, Sabine Pipe Line LLC (Sabine)
tendered for filing to its FERC Gas Tariff, Original Volume No. 1,
Seventh Revised Sheet No. 20 to become effective January 1, 2007.
    The proposed tariff sheet was filed under the authority of Part 154
of the Commission's Regulations, and in accordance with Section 27 of
the General Terms and Conditions of Sabine's FERC Gas Tariff, which
provides that Sabine will file, to be effective each January 1, a
redetermination of its Fuel Gas and Unaccounted For Gas reimbursement
percentages (FRP and UFRP, respectively).
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

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

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

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-21393 Filed 12-14-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 140 (Monday, July 22, 2013)]
[Notices]
[Pages 43899-43900]
[FR Doc No: 2013-17461]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2013-0002]

Changes in Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final notice.

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

SUMMARY: New or modified Base (1% annual-chance) Flood Elevations
(BFEs), base flood depths, Special Flood Hazard Area (SFHA) boundaries
or zone designations, and/or the regulatory floodway (hereinafter
referred to as flood hazard determinations) as shown on the indicated
Letter of Map Revision (LOMR) for each of the communities listed in the
table below are finalized. Each LOMR revises the Flood Insurance Rate
Maps (FIRMs), and in some cases the Flood Insurance Study (FIS)
reports, currently in effect for the listed communities. The flood
hazard determinations modified by each LOMR will be used to calculate
flood insurance premium rates for new buildings and their contents.

DATES: The effective date for each LOMR is indicated in the table
below.

ADDRESSES: Each LOMR is available for inspection at both the respective
Community Map Repository address listed in the table below and online
through the FEMA Map Service Center at www.msc.fema.gov.

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
FEMA, 500 C Street SW., Washington, DC 20472,<PHONE_NUMBER>, or
(email<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final flood hazard determinations as shown in the
LOMRs for each community listed in the table below. Notice of these
modified flood hazard determinations has been published in newspapers
of local circulation and ninety (90) days have elapsed since that
publication. The Deputy Associate Administrator for Mitigation has
resolved any appeals resulting from this notification.
    The modified flood hazard determinations are made pursuant to
section 206 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4105, and are in accordance with the National Flood Insurance Act of
1968, 42 U.S.C. 4001 et seq., and with 44 CFR part 65.
    For rating purposes, the currently effective community number is
shown and must be used for all new policies and renewals.
    The new or modified flood hazard determinations are the basis for
the floodplain management measures that the community is required
either to adopt or to show evidence of being already in effect in order
to remain qualified for participation in the National Flood Insurance
Program (NFIP).
    These new or modified flood hazard determinations, together with
the floodplain management criteria required by 44 CFR 60.3, are the
minimum that are required. They should not be construed to mean that
the community must change any existing ordinances that are more
stringent in their floodplain management requirements. The community
may at any time enact stricter requirements of its own or pursuant to
policies established by other Federal, State, or regional entities.
    These new or modified flood hazard determinations are used to meet
the floodplain management requirements of the NFIP and also are used to
calculate the appropriate flood insurance premium rates for new
buildings, and for the contents in those buildings. The changes in
flood hazard determinations are in accordance with 44 CFR 65.4.
    Interested lessees and owners of real property are encouraged to
review the final flood hazard information available at the address
cited below for each community or online through the FEMA Map Service
Center at www.msc.fema.gov.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                     Location and case    Chief executive officer                                                             Community
         State and county                   No.                of community        Community map repository  Effective date of modification      No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Oklahoma: Tulsa (FEMA Docket No.:  City of Tulsa (12-06- The Honorable Dewey F.    Stormwater Design         April 26, 2013................       405381
 B-1297).                           4004P).               Bartlett, Jr., Mayor,     Office, 2317 South
                                                          City of Tulsa, 175 East   Jackson, Suite 302,
                                                          2nd Street, Suite 690,    Tulsa, OK 74107.
                                                          Tulsa, OK 74103.
Texas:
    Bexar (FEMA Docket No.: B-     City of San Antonio   The Honorable Julian      Municipal Plaza, 114      April 18, 2013................       480045
     1297).                         (12-06-4032P).        Castro, Mayor, City of    West Commerce Street,
                                                          San Antonio, P.O. Box     7th Floor, San Antonio,
                                                          839966, San Antonio, TX   TX 78205.
                                                          78283.

    Bexar (FEMA Docket No.: B-     Unincorporated areas  The Honorable Nelson W.   Bexar County Public       April 17, 2013................       480035
     1297).                         of Bexar County (12-  Wolff, Bexar County       Works Department, 233
                                    06-2059P).            Judge, 101 West Nueva     North Pecos--La
                                                          Street, 10th Floor, San   Trinidad Street, Suite
                                                          Antonio, TX 78205.        420, San Antonio, TX
                                                                                78207.
    Tarrant (FEMA Docket No.: B-   City of Fort Worth    The Honorable Betsy       Department of             May 2, 2013...................       480596
     1305).                         (12-06-0224P).        Price, Mayor, City of     Transportation and
                                                          Fort Worth, 1000          Public Works, 1000
                                                          Throckmorton Street,      Throckmorton Street,
                                                          Fort Worth, TX 76102.     Fort Worth, TX 76102.
    Tarrant (FEMA Docket No.: B-   City of Saginaw (12-  The Honorable Gary        Public Works and          May 2, 2013...................       480610
     1305).                         06-0224P).            Brinkley, Mayor, City     Community Development,
                                                          of Saginaw, 400 South     205 Brenda Lane,
                                                          Saginaw Boulevard,        Saginaw, TX 76179.
                                                          Saginaw, TX 76179.
Virginia: Loudoun (FEMA Docket     Unincorporated areas  The Honorable Scott K.    Loudoun County Building   April 18, 2013................       510090
 No.: B-1297).                      of Loudoun County     York, Chairman-at-        and Development
                                    (12-03-1200P).        Large, Loudoun County     Department, 1 Harrison
                                                          Board of Supervisors, 1   Street Southeast,
                                                          Harrison Street           Leesburg, VA 20175.
                                                          Southeast, 5th Floor,
                                                          Mailstop 1, Leesburg,
                                                          VA 20175.
--------------------------------------------------------------------------------------------------------------------------------------------------------

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: July 2, 2013.
Roy E. Wright,
Deputy Associate Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2013-17461 Filed 7-19-13; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 76, Number 218 (Thursday, November 10, 2011)]
[Notices]
[Pages 70213-70215]
[FR Doc No: 2011-29160]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0298]

Qualification of Drivers; Exemption Applications; Vision

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

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

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

SUMMARY: FMCSA announces receipt of applications from 7 individuals for
exemption from the vision requirement in the Federal Motor Carrier
Safety Regulations. If granted, the exemptions would enable these
individuals to qualify as drivers of commercial motor vehicles (CMVs)
in interstate commerce without meeting the Federal vision requirement.

DATES: Comments must be received on or before December 12, 2011.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2011-0298 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Management Facility; 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.,
Monday through Friday, except Federal Holidays.
     Fax: 1<PHONE_NUMBER>.
    Instructions: Each submission must include the Agency name and the

docket numbers for this notice. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments online.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the FDMS published in
the Federal Register on January 17, 2008 (73 FR 3316), or you may visit
http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical
Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.,
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the Federal Motor Carrier Safety Regulations for a 2-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.'' FMCSA can renew exemptions at the end of each
2-year period. The 7 individuals listed in this notice have each
requested such an exemption from the vision requirement in 49 CFR
391.41(b)(10), which applies to drivers of CMVs in interstate commerce.
Accordingly, the Agency will evaluate the qualifications of each
applicant to determine whether granting an exemption will achieve the
required level of safety mandated by statute.

Qualifications of Applicants

Adam O. Carson

    Mr. Carson, age 29, has had retinopathy in his left eye since
birth. The best corrected visual acuity in his right eye 20/30 and in
his left eye, light perception. Following an examination in 2011, his
ophthalmologist noted, ``I believe that his vision is sufficient to
perform his driving tasks required to operate a commercial vehicle.''
Mr. Carson reported that he has driven straight trucks for 9.4 years,
accumulating 18,800 miles. He holds a Class D operator's license from
Mississippi. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.

Michael P. Eisenreich

    Mr. Eisenreich, 47, has a prosthetic left eye due to a traumatic
injury sustained in 1984. The best corrected visual acuity in his right
eye 20/20. Following an examination in 2011, his optometrist noted, ``I
certify that in my opinion that he can safely perform the driving tasks
required to operate a commercial vehicle.'' Mr. Eisenreich reported
that he has driven tractor-trailer combinations for 5 years,
accumulating 195,000 miles. He holds a Class A Commercial Driver's
License (CDL) from Minnesota. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.

Carlton G. Frank

    Mr. Frank, 49, has had central scarring in his left eye since 2006.
The best corrected visual acuity in his right eye 20/15 and in his left
eye, 20/60. Following an examination in 2011, his optometrist noted,
``In summary, Mr. Frank's condition remains stable, and he has
sufficient vision to perform driving tasks required to operate a
commercial vehicle.'' Mr. Frank reported that he has driven buses for 3
years, accumulating 66,000 miles. He holds a Class B CDL from Florida.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.

Roger W. Hammock

    Mr. Hammock, 43, has had amblyopia in his right eye since
childhood. The best corrected visual acuity in his right eye 20/70 and
in his left eye, 20/20. Following an examination in 2011, his
optometrist noted, ``In my medical opinion, Roger Hammock has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Hammock reported that he has driven straight
trucks for 17 years, accumulating 601,120 miles. He holds a Class D
operator's license from Alabama. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.

John T. Thor

    Mr. Thor, 70, has had malignant melanoma in his right eye since the
mid 1990's. The best corrected visual acuity in his right eye 20/500
and in his left eye, 20/20. Following an examination in 2011, his
optometrist noted, ``In my opinion, Mr. John Thor has adequate vision
to perform the tasks required to operate a commercial vehicle.'' Mr.
Thor reported that he has driven straight trucks for 50 years,
accumulating 500,000 miles and tractor-trailer combinations for 6
years, accumulating 360,000 miles. He holds a Class A CDL from
Minnesota. His driving record for the last 3 years shows 1 crash, due
to weather, and no convictions for moving violations in a CMV.

George Ulferts

    Mr. Ulferts, 46, has had a completely detached retina in his left
eye since February of 2008. The best corrected visual acuity in his
right eye 20/20 and in his left eye, light perception. Following an
examination in 2011, his optometrist noted, ``It is of medical opinion
that Mr. Ulfrets has the appropriate level of acuity in his right eye
to sufficiently perform the driving tasks required to operate a
commercial vehicle.'' Mr. Ulfrets reported that he has driven straight
trucks for 25 years, accumulating 625,000 miles. He holds a Class D
operator's license from Iowa. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.

Donald F. Wilton

    Mr. Wilton, 42, has had amblyopia in his left eye since childhood.
The best corrected visual acuity in his right eye 20/20 and in his left
eye, 20/70. Following an examination in 2011, his optometrist noted,
``I certify that Mr. Wilton shows sufficient vision to operate a
commercial vehicle.'' Mr. Wilton reported that he has driven tractor-
trailer combinations for 23 years, accumulating 2.3 million miles. He
holds a Class A CDL from California. His driving record for the last 3
years shows no crashes, but one conviction for a moving violation in a
CMV; failure to stop at a traffic signal.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. The Agency will consider all comments
received before the close of business December 12, 2011. Comments will
be available for examination in the docket at the location listed under
the ADDRESSES section of this notice. The Agency will file comments
received after the comment closing date in the public docket, and will
consider them to the extent practicable.
    In addition to late comments, FMCSA will also continue to file, in
the public docket, relevant information that becomes available after
the comment closing date. Interested persons should monitor the public
docket for new material.

    Issued on: November 3, 2011.
Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2011-29160 Filed 11-9-11; 8:45 am]
BILLING CODE 4910-EX-P


Kristin Fitzgerald/DC/USEPA/US

12/20/2006 04:34 PM	To

<EMAIL_ADDRESS> 	cc

	bcc

	Patricia Mercer/DC/USEPA/US@EPA; Meg McCarthy/DC/USEPA/US@EPA; James

Michael/DC/USEPA/US@EPA

	Subject

	Follow-up Question to UIC's Comment

Cynthia Klein-Banai

Assistant Director for Chemical Safety

University of Illinois at Chicago

 Thank you for your comments on EPA’s Proposed Rule: Subpart K—Standards

Applicable to Academic Laboratories (71 Federal Register 29712) on behalf

of University of Illinois at Chicago (UIC).

In response to UIC’s comments (Docket Number

EPA-HQ-RCRA-2003-0012-0154.1), EPA has a follow-up question.  In the

preamble to the proposed rule (page 29720), EPA estimated that hazardous

laboratory waste constitutes 9% of the annual hazardous waste generated by

college and university large quantity generators.  EPA based this number

on data submitted to EPA by colleges and universities that are large

quantity generators, as part of the 2001 Biennial Report.

In contrast, on page 1 of UIC’s comments to the docket, you commented

that, “This number does not appear to be accurate.  For instance, [the]

amount of hazardous waste generated by laboratories at UIC has averaged

93% over the past seven years.  The average total amount of waste is

74,000 lbs/yr, with 68,820 lbs being laboratory derived hazardous waste.”

EPA is very interested in any data that UIC has and can provide to support

this assertion.  This information would be beneficial to EPA in its

development of the final rule, in order to have a fuller understanding of

the laboratory waste generation patterns at colleges and universities.

Unfortunately, this comment is not useful to EPA without supporting data

that can substantiate or validate UIC’s waste generation.  EPA would find

it helpful if you could provide an explanation of the origins of the data

(e.g., what year are the data from, what is included/excluded in the

categories of laboratory waste and hazardous waste), and how or why the

data may differ from the Biennial Report data we relied on.  In addition,

we would appreciate a timely response to allow us to incorporate any

information you may provide into the decision-making process, as

appropriate.   Please provide a response by the end of January 2007.  If

you are unable to provide a response by then, please contact us to let us

know if and when you could provide a timely response.

Any supporting information you provide to EPA will be made publicly

available in the docket for the rulemaking, unless the information is

claimed as Confidential Business Information (CBI). Therefore, if you

submit any information that you claim as CBI, clearly mark all of the

information that you claim to be CBI.  Information so marked will not be

disclosed, except in accordance with procedures set forth in 40 CFR part

2.  Please do not fax any information claimed as CBI.  For additional

information on how to submit CBI, refer to page 29713, of the May 23,

2006, Federal Register, proposed rule for academic laboratories, or

contact LaShan Haynes, the Office of Solid Waste CBI contact, at (703)

605-0516<EMAIL_ADDRESS> Again, thank you for your comments on the proposed standards for academic

laboratories.  Please direct any questions or response to this letter to

any member of EPA’s labs team:

Patricia Mercer,<PHONE_NUMBER><EMAIL_ADDRESS> Meg McCarthy,<PHONE_NUMBER><EMAIL_ADDRESS> Kristin Fitzgerald,<PHONE_NUMBER><EMAIL_ADDRESS> **************************************************************

Kristin Fitzgerald

US EPA - Office of Solid Waste

mail code:  5304P

phone:<PHONE_NUMBER>

fax:<PHONE_NUMBER>

email<EMAIL_ADDRESS> work schedule:  Tuesday/Thursday


[Federal Register Volume 81, Number 168 (Tuesday, August 30, 2016)]
[Notices]
[Page 59729]
[FR Doc No: 2016-20845]

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 DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2016-0069]

 Petition for Waiver of Compliance

    In accordance with part 211 of title 49 Code of Federal Regulations
(CFR), this provides the public notice that by a document dated June
13, 2016, Delaware Coast Line Railroad (DCLR) has petitioned the
Federal Railroad Administration (FRA) for a waiver of compliance from
certain provisions of the Federal railroad safety regulations contained
at 49 CFR 223.11, Safety Glazing Standards--Requirements for existing
locomotives. FRA assigned the petition Docket Number FRA-2016-0069.
    DCLR petitioned FRA to grant a waiver of compliance from 49 CFR
223.11 for locomotives identified as DCLR182 (1962 ALCO RS18), DCLR4024
(1978 GE B23-7), DCLR 4054 (1978 GE B23-7), and DCLR R007 (1957 GE 60
Ton). These four locomotives would operate at a maximum speed of 10
mph, providing freight service only. The waiver is being sought due to
the high cost to replace the existing glass.
    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 party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 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 October 14, 2016 will be considered by
FRA before final action is taken. Comments received after that date
will be considered as far as practicable.
    Anyone is able to search the electronic form of any written
communication and comment regarding 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
https://www.regulations.gov/privacyNotice for the privacy notice of
regulations.gov.

    Issued in Washington, DC, on August 25, 2016.
John Karl Alexy,
Director, Office of Safety Analysis.
[FR Doc. 2016-20845 Filed 8-29-16; 8:45 am]
 BILLING CODE 4910-06-P


[Federal Register: May 10, 2007 (Volume 72, Number 90)]
[Notices]
[Page 26632]
[DOCID:fr10my07-82]

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ENVIRONMENTAL PROTECTION AGENCY

[OW-2007-0064, FRL-8311-2]

U.S. EPA's 2007 National Clean Water Act Recognition Awards:
Availability of Application and Nomination Information

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability.

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

SUMMARY: This Notice of Availability announces the availability of
application and nomination information for the U.S. EPA's 2007 Clean
Water Act (CWA) Recognition Awards. The awards recognize municipalities
and industries for outstanding and innovative technological
achievements in wastewater treatment and pollution abatement programs.
The awards are intended to educate the public about the contributions
wastewater treatment facilities make to clean water; to encourage
public support for municipal and industrial efforts in effective
wastewater management, biosolids disposal and reuse, and wet weather
pollution control; and to recognize communities that use innovative
practices to meet CWA permitting requirements.

DATES: Nominations are due to EPA headquarters no later than June 29,
2007.

ADDRESSES: Applications and nomination information can be obtained from
the EPA regional offices and our Web site at http://www.epa.gov/owm/intnet.htm.
 If additional help is needed to obtain the required

documentation, see contact information below.

FOR FURTHER INFORMATION CONTACT: William Hasselkus, Telephone: (202)
564-0664. Facsimile Number:<PHONE_NUMBER>. E-mail:
<EMAIL_ADDRESS>Also visit the Office of Wastewater

Management's Web page at http://www.epa.gov/owm.

SUPPLEMENTARY INFORMATION: The Clean Water Act Recognition Awards are
authorized by section 501(a) and (e) of the Clean Water Act, and 33
U.S.C. 1361(a) and (e). Applications and nominations for the national
awards are recommended by EPA regions. The framework for the annual
recognition awards program is established by regulation 40 CFR part
105. State water pollution control agencies and EPA regional offices
make recommendations to headquarters for the national awards. The
programs and projects being recognized are in compliance with
applicable water quality requirements and have a satisfactory record
with respect to environmental quality. Municipalities and industries
are recognized for their demonstrated creativity and technological
achievements in five awards categories as follows:
    (1) Outstanding Operations and Maintenance practices at wastewater
treatment facilities;
    (2) Exemplary Biosolids Management projects, technology/innovation
or development activities, research and public acceptance efforts;
    (3) Pretreatment Program Excellence;
    (4) Storm Water Management Program Excellence; and
    (5) Outstanding Combined Sewer Overflow Control Programs.

    Dated: May 3, 2007.
Judy Davis,
Deputy Director, Office of Wastewater Management.
 [FR Doc. E7-9026 Filed 5-9-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 223 (Monday, November 21, 2022)]
[Notices]
[Page 70880]
[FR Doc No: 2022-25225]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-396, OMB Control No. 3235-0452]

Proposed Collection; Comment Request; Extension: Notice of Exempt
Preliminary Roll-Up Communication

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

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for extension and approval.
    Exchange Act Rule 14a-6(n) (17 CFR 240.14a-6(n)) requires any
person that engages in a proxy solicitation subject to Exchange Act
Rule 14a-2(b)(4) [(17 CFR 240.14a-2(b)(4))] to file a Notice of Exempt
Preliminary Roll-Up Communication (``Notice'') [(17 CFR 240.14a-104)]
with the Commission. The Notice provides information regarding
ownership interest and any potential conflicts of interest to be
included in statements submitted by or on behalf of a person engaging
in the solicitation. The Notice takes approximately 0.25 hours per
response and is filed by approximately 4 respondents for a total of one
annual burden hour (0.25 hours per response x 4 response).
    Written comments are invited on: (a) whether this proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden imposed by the collection of information; (c) ways to
enhance the quality, utility, and clarity of the information collected;
and (d) ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication by January 20, 2023.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid control number.
    Please direct your written comment to David Bottom, Director/Chief
Information Officer, Securities and Exchange Commission, c/o John
Pezzullo, 100 F Street NE, Washington, DC 20549 or send an email to:
[email protected].

    Dated: November 15, 2022.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2022-25225 Filed 11-18-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 163 (Thursday, August 24, 2017)]
[Proposed Rules]
[Pages 40085-40086]
[FR Doc No: 2017-17343]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0371; FRL-9966-46-Region 4]

Air Plan Approval; Alabama: PSD Replacement Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a portion of Alabama's State Implementation Plan (SIP) revision
submitted by the State of Alabama, through the Alabama Department of

Environmental Management (ADEM), on May 7, 2012. The portion of the
revision that EPA is proposing to approve relates to the State's
Prevention of Significant Deterioration (PSD) permitting regulations.
In particular, the revision adds a definition of ``replacement unit''
and provides that a replacement unit is a type of existing emissions
unit under the definition of ``emissions unit.'' This action is being
taken pursuant to the Clean Air Act (CAA or Act).

DATES: Written comments must be received on or before September 25,
2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2017-0371 at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Andres Febres of the Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Mr. Febres can be reached via telephone at<PHONE_NUMBER>
or via electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    In the Final Rules Section of this Federal Register, EPA is
approving the portion of Alabama's May 7, 2012, SIP revision addressing
the State's PSD program as a direct final rule without prior proposal
because the Agency views this as a noncontroversial submittal and
anticipates no adverse comments. A detailed rationale for the approval
is set forth in the direct final rule and incorporated herein by
reference. If no adverse comments are received in response to this
rule, no further activity is contemplated. If EPA receives adverse
comments, the direct final rule will be withdrawn and all adverse
comments received will be addressed in a subsequent final rule based on
this proposed rule. EPA will not institute a second comment period on
this document. Any parties interested in commenting on this document
should do so at this time.

    Dated: August 7, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
[FR Doc. 2017-17343 Filed 8-23-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: July 11, 2008 (Volume 73, Number 134)]
[Notices]
[Page 40010-40011]
[DOCID:fr11jy08-94]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent To Prepare an Environmental Impact Statement and
Hold Scoping Meeting; Gnoss Field, Novato, Marin County, CA

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of intent and notice of scoping meeting.

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

SUMMARY: The Federal Aviation Administration (FAA) is issuing this
notice to advise the public that an Environmental Impact Statement
(EIS) will be prepared and considered for the proposed extension of a
runway, corresponding taxiway extension, associated levee construction
and realignment of drainage, and reprogramming of the GPS Instrument
Approach for the extended runway. To ensure that all significant issues
related to the proposed action are identified, a public scoping meeting
will be held.

FOR FURTHER INFORMATION CONTACT: Barry Franklin, Environmental
Protection Specialist, San Francisco Airports District Office, Federal
Aviation Administration, Western-Pacific Region, 831 Mitten Road, Room
210, Burlingame, California 94010-1303, Telephone:<PHONE_NUMBER>,
extension 614.

SUPPLEMENTARY INFORMATION: The Lead Agency for the preparation of the
EIS is the FAA. The FAA will prepare an EIS to evaluate the following
development alternatives and the No Action Alternative as described
below. The EIS will determine all environmental impacts, such as and
not limited to, noise impacts, impacts on air and water quality,
wetlands, ecological resources, floodplains, historic resources,
hazardous wastes, socioeconomics, and economic factors.

Alternative One--Sponsor's Proposed Project

    Runway 13/31 would be extended 1,100 feet to the north from 3,300
linear feet to 4,400 linear feet. This length would maintain the
airport's ability to accommodate current and projected airport
operations.
    To compliment the runway extension, the corresponding taxiway for
Runway 13/31 would be extended to the north from 3,300 linear feet to
4,400 linear feet. There would be associated levee construction and
major realignment of drainage in order to protect the runway extension
against flooding. The GPS instrument approach for Runway 13/31 would be
reprogrammed to accommodate the extension of the runway.

Alternative Two

    Runway 13/31 would be extended 1,100 feet to the south from 3,300
linear feet to 4,400 linear feet. This length would maintain the
airport's ability to accommodate current and projected airport
operations.
    To compliment the runway extension, the corresponding taxiway for
Runway 13/31 would be extended to the south from 3,300 linear feet to
4,400 linear feet. There would be associated levee construction and
major realignment of drainage in order to protect the runway extension
against flooding. The GPS instrument approach for Runway 13/31 would be
reprogrammed to accommodate the extension of the runway.

Alternative Three

    Runway 13/31 would be extended to the north and to the south to
bring the runway length from 3,300 linear feet to 4,400 linear feet.
This length would maintain the airport's ability to accommodate current
and projected airport operations.
    To compliment the runway extension, the corresponding taxiway for
Runway 13/31 would be extended to the north and to the south to bring
the total taxiway length from 3,300 linear feet to 4,400 linear feet.
There would be associated levee construction and major realignment of
drainage in order to protect the runway extension against flooding. The
GPS instrument approach for Runway 13/31 would be reprogrammed to
accommodate the extension of the runway.

Alternative Four--No Action Alternative

    Under this alternative the existing airport would be retained with
no improvements. The county would not change the infrastructure of the
existing airport and no extensions or associated improvements would be
constructed.
    In addition to this Notice of Intent, the County of Marin,
California is issuing a Notice of Preparation (NOP) of a Draft
Environmental Impact Report (EIR), per California Environmental Quality
Act (CEQA) of 1970 Guidelines. The FAA's EIS and the County's EIR will
be produced concurrently.
    Public Scoping Meeting: To ensure that the full range of issues
related to the proposed project are addressed and that all significant
issues are identified, comments and suggestions are invited from all
interested parties. A public scoping meeting will be conducted to
identify any significant issues associated with the proposed project.
    One (1) Public Scoping meeting for the general public will be held
on August 14, 2008, at the Marin Humane Society Auditorium, 171 Bel
Marin Keys Blvd, Novato, California. The meeting will be held from 6:30
p.m. to 8:30 p.m. Pacific Daylight Time (PDT). The FAA and the County
will be accepting comments on the scope of both the EIS and EIR at that
scoping meeting.
    Written comments concerning the scope of the EIS and EIR may be
mailed to the individual named above under the heading FOR FURTHER
INFORMATION CONTACT above, and must be received no later than 5 p.m.
PDT, August 29, 2008.
    Questions may be directed to the individual named above under the
heading, FOR FURTHER INFORMATION CONTACT.

    Issued in Hawthorne, California on June 27, 2008.
Mark A. McClardy,
Manager, Airports Division, Western--Pacific Region, AWP-600.
 [FR Doc. E8-15209 Filed 7-10-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register: May 25, 2006 (Volume 71, Number 101)]
[Notices]
[Page 30127]
[DOCID:fr25my06-47]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-200-005]

Rockies Express Pipeline LLC; Notice of Compliance Fiing and
Negotiated Rate

May 19, 2006.
    Take notice that on May 11, 2006, Rockies Express Pipeline LLC
(REX) tendered for filing as part of its FERC Gas Tariff, First Revised
Volume No. 1, Second Revised Sheet No. 22, to be effective May 11,
2006.
    Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing will be considered by the
Commission in determining the appropriate action to be taken, but will
not serve to make protestants parties to the proceeding. Such protests
must be filed in accordance with the provisions of Section 154.210 of
the Commission's regulations (18 CFR 154.210). Anyone filing a protest
must serve a copy of that document on all the parties to the
proceeding.
    The Commission encourages electronic submission of protests in lieu
of paper using the ``eFiling'' link at http://www.ferc.gov. Persons

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

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

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-8030 Filed 5-24-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: May 2, 2006 (Volume 71, Number 84)]
[Notices]
[Page 25836-25837]
[DOCID:fr02my06-65]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Application Accepted for Filing and Soliciting Motions
To Intervene, Protests and Comments

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Preliminary Permit.
    b. Project No.: 12659-000.
    c. Date filed: March 6, 2006.
    d. Applicant: Richard V. Williamson.
    e. Name of Project: Stony Creek Water Power Project.
    f. Location: On Stony Creek, near Stonyford, Colusa County,
California. The proposed project will be located within the Mendocino
National Forest.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mr. Richard V. Williamson, 1842-M Camino
Verde, Walnut Creek, CA 94597,<PHONE_NUMBER>.
    i. FERC Contact: Etta Foster,<PHONE_NUMBER>.
    j. Deadline for filing comments, protests, and motions to
intervene: 60 days from the issuance date of this notice.
    All documents (original and eight copies) should be filed with
Magalie R. Salas, Secretary, Federal Energy

Regulatory Commission, 888 First Street, NE., Washington, DC 20426.
Please include the project number (P-12659-000) on any comments,
protests, or motions filed.
    k. Description of Project: The proposed project would consist of:
(1) A proposed 80-foot-high, 240-foot-long concrete dam; (2) a proposed
reservoir with a surface area of 1.6 M square-feet; (3) a proposed 42-
inch diameter, 5200-foot-long steel penstock; (4) a proposed concrete
and steel powerhouse containing a generating unit with an installed
capacity of 1600 kW; (5) a proposed 200-foot-long tailrace; (6) a
proposed 3-phase, 5000-foot-long, 12 kV transmission line; and (7)
appurtenant facilities.
    The project would have an estimated annual generation of 12,700 MWh
(megawatt-hours). The applicant plans to sell the generated energy to a
local utility.
    l. Location of Application: A copy of the application is available
for inspection and reproduction at the Commission in the Public
Reference Room, located at 888 First Street, NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at http://www.ferc.gov using the

``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3676 or e-mail
<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>. A copy is

also available for inspection and reproduction at the address in item
h. above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Competing Preliminary Permit: Anyone desiring to file a
competing application for preliminary permit for a proposed project
must submit the competing application itself, or a notice of intent to
file such an application, to the Commission on or before the specified
comment date for the particular application (see 18 CFR 4.36).
Submission of a timely notice of intent allows an interested person to
file the competing preliminary permit application no later than 30 days
after the specified comment date for the particular application. A
competing preliminary permit application must conform with 18 CFR
4.30(b) and 4.36.
    o. Competing Development Application: Any qualified development
applicant desiring to file a competing development application must
submit to the Commission, on or before a specified comment date for the
particular application, either a competing development application or a
notice of intent to file such an application. Submission of a timely
notice of intent to file a development application allows an interested
person to file the competing application no later than 120 days after
the specified comment date for the particular application. A competing
license application must conform with 18 CFR 4.30(b) and 4.36.
    p. Notice of Intent: A notice of intent must specify the exact
name, business address, and telephone number of the prospective
applicant, and must include an unequivocal statement of intent to
submit, if such an application may be filed, either a preliminary
permit application or a development application (specify which type of
application). A notice of intent must be served on the applicant(s)
named in this public notice.
    q. Proposed Scope of Studies under Permit: A preliminary permit, if
issued, does not authorize construction. The term of the proposed
preliminary permit would be 36 months. The work proposed under the
preliminary permit would include economic analysis, preparation of
preliminary engineering plans, and a study of environmental impacts.
Based on the results of these studies, the Applicant would decide
whether to proceed with the preparation of a development application to
construct and operate the project.
    r. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper; See 18 CFR 385.2001 (a)(1)(iii) and
the instructions on the Commission's Web site under ``e-filing'' link.
The Commission strongly encourages electronic filing.
    s. Filing and Service of Responsive Documents: Any filings must
bear in all capital letters the title ``COMMENTS'', ``RECOMMENDATIONS
FOR TERMS AND CONDITIONS'', ``PROTEST'', ``MOTION TO INTERVENE'',
``NOTICE OF INTENT'', or ``COMPETING APPLICATION'', as applicable, and
the Project Number of the particular application to which the filing
refers. Any of the above-named documents must be filed by providing the
original and the number of copies provided by the Commission's
regulations to: The Secretary, Federal Energy Regulatory Commission,
888 First Street, NE., Washington, DC 20426. A copy of any motion to
intervene must also be served upon each representative of the Applicant
specified in the particular application.
    t. Agency Comments: Federal, state, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.

Magalie R. Salas,
Secretary.
[FR Doc. E6-6575 Filed 5-1-06; 8:45 am]

BILLING CODE 6717-01-P