[Federal Register: June 4, 2010 (Volume 75, Number 107)]
[Rules and Regulations]
[Page 31677]
[DOCID:fr04jn10-4]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-1152; Airspace Docket No. 09-ASW-31]

Amendment of Class E Airspace; Austin, TX

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class E airspace for the Austin, TX area.
Additional controlled airspace is necessary to accommodate new Standard
Instrument Approach Procedures (SIAPs) at Austin Executive Airport,
Austin, TX. The FAA is taking this action to enhance the safety and
management of Instrument Flight Rule (IFR) operations at the airport.

DATES: Effective date 0901 UTC, September 23, 2010. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR Part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

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

SUPPLEMENTARY INFORMATION:

History

    On March 29, 2010, the FAA published in the Federal Register a
notice of proposed rulemaking to amend Class E airspace for the Austin,
TX area, reconfiguring controlled airspace at Austin Executive Airport
(75 FR 15360) Docket No. FAA-2009-1152. Interested parties were invited
to participate in this rulemaking effort by submitting written comments
on the proposal to the FAA. No comments were received. Class E airspace
designations are published in paragraph 6005 of FAA Order 7400.9T
signed August 27, 2009, and effective September 15, 2009, which is
incorporated by reference in 14 CFR Part 71.1. The Class E airspace
designations listed in this document will be published subsequently in
the Order.

The Rule

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

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

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

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

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR Part 71.1 of the Federal
Aviation Administration Order 7400.9T, Airspace Designations and
Reporting Points, signed August 27, 2009, and effective September 15,
2009 is amended as follows:
* * * * *

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

* * * * *

ASW TX E5 Austin, TX [Amended]

Point of Origin
    (Lat. 30[deg]17[min]55[sec] N., long. 97[deg]42[min]06[sec] W.)
Austin, Lakeway Airpark, TX
    (Lat. 30[deg]21[min]27[sec] N., long. 97[deg]59[min]40[sec] W.)
Austin, Austin Executive Airport, TX
    (Lat. 30[deg]23[min]51[sec] N., long. 97[deg]33[min]59[sec] W.)
Lago Vista, Lago Vista-Rusty Allen Airport, TX
    (Lat. 30[deg]29[min]55[sec] N., long. 97[deg]58[min]10[sec] W.)

    That airspace extending upward from 700 feet above the surface
within a 14-mile radius of the Point of Origin, and within a 6.4-
mile radius of Lakeway Airpark, and within a 6.4-mile radius of Lago
Vista-Rusty Allen Airport, and within a 6.5-mile radius of Austin
Executive Airport, and within 2 miles each side of the 132[deg]
bearing from Austin Executive Airport extending from the 6.5-mile
radius to 10.4 miles southeast of the airport, and within 2 miles
each side of the 311[deg] bearing from Austin Executive Airport
extending from the 6.5-mile radius to 11.2 miles northwest of the
airport.

    Issued in Fort Worth, Texas, on May 21, 2010.
Roger M. Trevino,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2010-13261 Filed 6-3-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 65 (Monday, April 6, 2015)]
[Notices]
[Page 18402]
[FR Doc No: 2015-06876]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9925-22-OA]

Notice of Meeting of the EPA's Children's Health Protection
Advisory Committee

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of meeting.

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SUMMARY: Pursuant to the provisions of the Federal Advisory Committee
Act, Public Law 92-463, notice is hereby given that the next meeting of
the Children's Health Protection Advisory Committee (CHPAC) will be
held April 21 and 22, 2015 at the Sheraton Silver Spring, 8777 Georgia
Avenue, Silver Spring, Maryland 20910. The CHPAC was created to advise
the Environmental Protection Agency on science, regulations, and other
issues relating to children's environmental health.

DATES: The CHPAC will meet April 21 and 22, 2015.

ADDRESSES: 8777 Georgia Avenue, Silver Spring, Maryland, 20910.

FOR FURTHER INFORMATION CONTACT: Martha Berger, Office of Children's
Health Protection, USEPA, MC 1107A, 1200 Pennsylvania Avenue NW.,
Washington, DC 20460,<PHONE_NUMBER> or<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The meetings of the CHPAC are open to the
public. The CHPAC will meet on April 21 from 12:30 p.m. to 5:00 p.m.,
and April 22 from 9:00 a.m. to 4:00 p.m. at the Sheraton Silver Spring,
8777 Georgia Avenue, Silver Spring, Maryland 20910. An agenda will be
posted at epa.gov/children.
    Access and Accommodations: For information on access or services
for individuals with disabilities, please contact Martha Berger at 202-
564-2191 or<EMAIL_ADDRESS>
    Dated: March 12, 2015.
Martha Berger,
Designated Federal Official.
[FR Doc. 2015-06876 Filed 4-3-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 168 (Thursday, September 2, 2021)]
[Notices]
[Pages 49340-49341]
[FR Doc No: 2021-18956]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2021-0407]

Guidance: Change 2 to NVIC 02-18 Guidelines on Qualification for
STCW Endorsements as Officer in Charge of a Navigational Watch of
Vessels of Less Than 500 GT

AGENCY: Coast Guard, Homeland Security (DHS).

ACTION: Notice of availability.

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SUMMARY: The Coast Guard announces the availability of change 2 to
Navigation and Vessel Inspection Circular (NVIC) 02-18, Guidelines on
Qualification for STCW Endorsements as Officer in Charge of a
Navigational Watch of Vessels of Less Than 500 GT. This NVIC provides
guidance to mariners concerning regulations governing endorsements to
Merchant Mariner Credentials for service on vessels of less than 500
Gross Tons (GT) (i.e., not limited to near-coastal waters). This change
notice revises NVIC 02-18 to indicate that the Coast Guard will not
enforce the 3 month maximum allowable substitution for credible sea
service in a rating capacity.

DATES: The policies announced in Change-2 to NVIC 02-18 are effective
as of August 26, 2021.

ADDRESSES: To view documents and CH-2 NVIC 02-18 mentioned in this
notice, search the docket number USCG-2021-0407 using the Federal
eRulemaking Portal at https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For information about this document,
contact the James Cavo, Mariner Credentialing Program Policy Division
(CG-MMC-2), Coast Guard; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: NVIC 02-18 describes the Coast Guard's
policy for merchant mariners to qualify for and renew Standards of
Training, Certification and Watchkeeping for Seafarers (STCW)
endorsements to Merchant Mariner Credentials under 46 CFR 11.319 for
service as officer in charge of a navigational watch (OICNW) on vessels
of less than 500 GT upon all waters (i.e., not limited to near-coastal
waters). The Coast Guard has become aware that mariners seeking an
endorsement as OICNW of vessels of less than 500 GT are experiencing
difficulties meeting the bridge watchkeeping requirements for the
endorsement in a rating capacity.
    As specified in Sec.  11.319(a)(2), mariners must obtain at least
six months of service performing bridge watchkeeping duties. This
section also limits the amount of service in a rating capacity that can
be used to meet this requirement to not more than 6 months of
experience, which is accepted as a maximum of three months of
creditable service. The mariner would have to obtain three additional
months of service performing bridge watchkeeping duties in a non-rating
capacity, such as an officer capacity. The OICNW of vessels less than
500 GT is considered a first certificate of competence, in that it may
be the first STCW officer endorsement a mariner obtains, mariners
typically qualify by serving as a rating such as able seaman. It is
often impossible for these mariners to meet the 6 month bridge
watchkeeping requirement with the 3 month limit on credible rating
service because they cannot serve as an officer to accrue the remaining
3 months of bridge watchkeeping without this OICNW first certificate of
competence.
    This CH-2 will remedy that barrier to qualifying for the OICNW of
vessels less than 500 GT endorsement by not enforcing the 3 month
maximum allowable substitution for service as a rating to meet the
required service performing bridge watchkeeping duties. This change
notice revises NVIC 02-18 to indicate that the Coast Guard will accept,
on a day for day basis and without limitation, service in any capacity
performing bridge watchkeeping duties under the supervision of an
officer holding the STCW endorsement as Master, Chief Mate, or OICNW.
Allowing mariners to accrue bridge watchkeeping service in a

rating capacity on a day for day basis provides additional avenues for
qualification as an OICNW of vessels less than 500 GT and reduces the
regulatory burden on these mariners.
    We compared the requirements for OICNW of vessels less than 500 GT
in 46 CFR 11.319 with those for OICNW of vessels of 500 GT or more in
46 CFR 11.309. For the endorsement for OICNW on vessels 500 GT or more,
a mariner can satisfy the bridge watchkeeping requirements with six
months of rating service. The OICNW on vessels of 500 GT or more
endorsement has no cap on rating sea service and rating service is
credited on a day for day basis.
    The rating limitation on the OICNW of vessels less than 500 GT was
included because of an oversight during development of the final rule
``Implementation of the Amendments to the International Convention on
Standards of Training, Certification and Watchkeeping for Seafarers,
1978, and Changes to National Endorsements'' that published on December
24, 2013. (78 FR 77796). The Coast Guard had the three month rating
limitation in both Sec. Sec.  11.309(a)(2) and 11.319(a)(2) in the
notice of proposed rulemaking (74 FR 59354, Nov. 17, 2009) and
supplemental notice of proposed rulemaking (76 FR 45908, Aug. 11,
2011). In the final rule, the Coast Guard removed the limitation in
Sec.  11.309(a)(2) for endorsements as OICNW for 500 GT or more stating
we ``revise[d] section to reduce redundant language from other sections
of this subpart.'' (79 FR at 77799). However, the Coast Guard neglected
to make the same change to 46 CFR 11.319(a)(2) for the lower tonnage
regulation for OICNW of vessels less than 500 GT.
    The rating limitation was carried over from previous editions of
the regulatory text, but was not intended to be a limit on either of
the STCW OICNW endorsements. It is unnecessarily burdensome to limit
the rating capacity bridge watchkeeping to three months in the
endorsement that is that is for a lesser tonnage.
    For these reasons, the Coast Guard will not enforce the limitation
on the rating capacity service in 11.319(a)(2), as reflected in CH-2 to
NVIC 02-18 Guidelines on Qualification for STCW Endorsements as Officer
in Charge of a Navigational Watch of Vessels of Less Than 500 GT.
    This notice is issued under authority of 5 U.S.C. 552(a).

    Dated: August 26, 2021.
J.W. Mauger,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Prevention
Policy.
[FR Doc. 2021-18956 Filed 9-1-21; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 80, Number 44 (Friday, March 6, 2015)]
[Rules and Regulations]
[Page 12083]
[FR Doc No: 2015-05234]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2015-0085]

Drawbridge Operation Regulations; Cheesequake Creek, Morgan, NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the operation of the New Jersey Transit
Rail Operations (NJTRO) railroad bridge across Cheesequake Creek, mile
0.2, at Morgan, New Jersey. This deviation is necessary to allow the
bridge owner to perform structural repairs at the bridge. This
deviation allows the bridge to remain closed on three consecutive
weekends.

DATES: This deviation is effective from 6 a.m. on March 14, 2015
through 7 p.m. on March 28, 2015.

ADDRESSES: The docket for this deviation, [USCG-2015-0085] is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH.'' Click on Open Docket Folder on the line
associated with this deviation. You may also visit the Docket
Management Facility in Room W12-140, on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue SE.,
Washington, DC, 20590, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Mr. Joe M. Arca, Project Officer,
First Coast Guard District, telephone<PHONE_NUMBER>,
<EMAIL_ADDRESS>If you have questions on viewing the docket, call
Cheryl Collins, Program Manager, Docket Operations, telephone (202)
366-9826.

SUPPLEMENTARY INFORMATION: The NJTRO railroad bridge across Cheesequake
Creek, mile 0.2, at Morgan, New Jersey, has a vertical clearance in the
closed position of 3 feet at mean high water and 8 feet at mean low
water. The existing bridge operating regulations are found at 33 CFR
117.709(b).
    The waterway is transited by seasonal recreational vessels of
various sizes.
    The bridge owner, NJTRO, requested a temporary deviation from the
normal operating schedule to facilitate structural repairs at the
bridge.
    Under this temporary deviation the NJTRO railroad bridge shall
remain in the closed position for three consecutive weekends from 6
a.m. on Saturday through 7 p.m. on Sunday on the following dates: March
14 and 15, March 21 and 22, and March 28 and 29, 2015.
    The draw shall maintain its normal operating schedule at all other
times.
    There are no alternate routes for vessel traffic; however, vessels
that can pass under the closed draw during this closure may do so at
all times. The bridge may be opened in the event of an emergency.
    The Coast Guard will inform the users of the waterways through our
Local and Broadcast Notice to Mariners of the change in operating
schedule for the bridge so that vessels can arrange their transits to
minimize any impact caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: February 23, 2015.
C.J. Bisignano,
Supervisory Bridge Management Specialist, First Coast Guard District.
[FR Doc. 2015-05234 Filed 3-5-15; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 75, Number 215 (Monday, November 8, 2010)]
[Rules and Regulations]
[Pages 68429-68430]
[FR Doc No: 2010-27947]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1926

[Docket No. OSHA-2007-0066]
RIN 1218-AC01

Cranes and Derricks in Construction; Approval of Information
Collection Requirements

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

ACTION: Final rule; notice of the Office of Management and Budget's
(OMB) approval of information collection requirements.

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SUMMARY: On August 9, 2010, OSHA published a final rule revising the
Cranes and Derricks Standard and related sections of the Construction
Standard to update and specify industry work practices necessary to
protect employees during the use of cranes and derricks in
construction. That final standard also addressed advances in the
designs of cranes and derricks, related hazards, and the qualifications
of employees needed to operate them safely. Those requirements
contained information collection requirements for which approval was
needed from the Office of Management and Budget. This document
announces that OMB has approved those collection of information
requirements and makes the appropriate regulatory change to reflect
that approval. The OMB approval number is 1218-0261.

DATES: Effective November 8, 2010.

FOR FURTHER INFORMATION CONTACT: Todd Owen, OSHA, Directorate of
Standards and Guidance, Room N-3609, U.S. Department of Labor, 200
Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693-
2222.

SUPPLEMENTARY INFORMATION: OSHA published a final rule for the Cranes
and Derricks in Construction standard on August 9, 2010 (75 FR 47905-
48177), after determining that hazards related to cranes and derricks
used in construction pose a significant risk of injury or death to
employees in the workplace. These requirements are necessary to provide
protection from these hazards. The final rule becomes effective on
November 8, 2010. As required by the Paperwork Reduction Act of 1995
(PRA-95) (44 U.S.C. 3501-3520), the Federal Register notice for the
Cranes and Derricks in Construction final rule states that employers do
not have to comply with the collection of information requirements
until OMB approves those collection of information requirements and the
Department of Labor publishes a notice in the Federal Register
announcing this approval and the control number assigned by OMB to the
Cranes and Derricks in Construction's collection of information
requirements. Under 5 CFR 1320.5(b), an agency may not conduct or
sponsor a collection of information unless: (1) The collection of
information displays a current valid OMB control number and (2) the
agency informs members of the public required to respond to the
collection of information that they are not required to do so unless
the agency displays a currently valid OMB control number for the
collection of information.
    On August 9, 2010, the Department of Labor submitted the Cranes and
Derricks in Construction information collection request for the final
rule to OMB for approval in accordance with PRA-95. On November 1,
2010, OMB approved the collections of information contained in the
final rule and assigned these collections of information OMB Control
Number 1218-0261, titled ``Cranes and Derricks in Construction (29 CFR
part 1926, subpart CC).'' The approval for collecting the information
expires on November 30, 2013.
    The final Cranes and Derricks standard imposes new information
collection requirements for purposes of PRA-95. These requirements
impose a duty to produce and maintain records on employers that
implement controls and take other measures to protect workers from
hazards related to cranes and derricks used in construction.
Accordingly, construction businesses with employees who operate or work
in the vicinity of cranes and derricks must have, as applicable, the
following documents on file and available at the job site: Equipment
ratings, employee training records, written authorizations from
qualified individuals, and qualification program audits. During an
inspection, OSHA will have access to the records to determine
compliance under conditions specified by the standard. An employer's
failure to generate and disclose the information required in this
standard will affect significantly the Agency's effort to control and
reduce injuries and fatalities related to the use of cranes and
derricks in construction.
    The table below identifies the new collections of information
contained in the final rule.

      Collection of Information Requirements in the Final Standard
------------------------------------------------------------------------

------------------------------------------------------------------------
29 CFR 1926.1402(c)(2)                   29 CFR 1926.1427(c)(1)(ii).
29 CFR 1926.1403(b) and 1926.1406(b)     29 CFR 1926.1427(c)(2)(i).
29 CFR 1926.1404(f)(2)                   29 CFR 1926.1427(c)(5)(ii) and
                                          (c)(5)(iv).
29 CFR 1926.1404(j)                      29 CFR 1926.1427(c)(5)(iii).
29 CFR 1926.1404(m)(1)(i)                29 CFR 1926.1427(h)(1)(i) and
                                          (ii).

29 CFR 1926.1407(a)(1)(i), (a)(3)(i),    29 CFR 1926.1428(a)(1), (a)(2),
 (c), (d), (e), (f), and 1926.1409        and (a)(3).
29 CFR 1926.1407(g) and 1926.1409        29 CFR 1926.1428(b).
29 CFR 1926.1408 Table A and             29 CFR 1926.1431(o)(3)(i).
 1926.1409(b)
29 CFR 1926.1408(a)(2)(i), (2)(iii)(A),  29 CFR 1926.1431(p)(4)(i).
 (c), (d)(1), (e), and 1926.1409
29 CFR 1926.1410(c)(1)                   29 CFR 1926.1431(r)(3)(i).
29 CFR 1926.1410(d)                      29 CFR 1926.1431(s)(3)(i).
29 CFR 1926.1410(e)                      29 CFR 1926.1433(e).
29 CFR 1926.1410(f)                      29 CFR 1926.1434(a)(1)(i),
                                          (a)(1)(ii), (a)(3),
                                          1926.1404(m)(1)(ii),
                                          1926.1441(b)(2)(i)(B).
29 CFR 1926.1410(j)                      29 CFR 1926.1434(a)(2)(i),
                                          (a)(3), (a)(4), (a)(5), (b),
                                          and 1926.1441(b)(2)(i)(B).
29 CFR 1926.1411 Table T                 29 CFR 1926.1435(b)(3).
29 CFR 1926.1412(a)(1)(i)                29 CFR 1926.1435(b)(7)(ii).
29 CFR 1926.1412(b) (1)(ii)(A)           29 CFR 1926.1435(c)(5).
29 CFR 1926.1412(c)(2)(i)                29 CFR 1926.1435(f)(3)(ii).
29 CFR 1926.1412(e)(3)(i), (e)(2)(i),    29 CFR 1926.1436(g)(4).
 (e)(3)(ii), (f)(6), (g)(3),(h),
 1926.1413(b)(4), (c)(3)(ii), and
 1926.1437(h)
29 CFR 1926.1412(f)(7),                  29 CFR 1926.1437(c)(2)(ii).
 1926.1413(c)(4), and 1926.1437(h)
29 CFR 1926.1413(a)(4)(ii)(A)            29 CFR 1926.1437(h)(6).
29 CFR 1926.1414(e)(2)(iii)              29 CFR 1926.1437(m)(4).
29 CFR 1926.1414(e)(3)(iii)              29 CFR 1926.1437(n)(2).
29 CFR 1926.1417(b)(1) and (b)(2)        29 CFR 1926.1437(n)(5)(v).
29 CFR 1926.1417(b)(3)                   29 CFR 1926.1437(n)(6)(i).
29 CFR 1926.1417(j)(1)                   29 CFR 1926.1441(b)(2)(i)(A).
29 CFR 1926.1417(j)(2)                   29 CFR 1926.1441(c)(2)(i).
29 CFR 1926.1423(j)(2)                   29 CFR 1926.1441(c)(2)(ii).
29 CFR 1926.1424(a)(2)(ii)               29 CFR 1926.1441(c)(2)(iii).
29 CFR 1926.1424(a)(3)(i) and (ii)       29 CFR 1926.1441(c)(3)(ii).
29 CFR 1926.1427(a) and (e)(1).
------------------------------------------------------------------------

    Affected Public: Business or other for-profits.
    Number of Respondents: 267,032 firms.
    Frequency: On occasion (for most of the information collection
requirements; determined by the use of cranes and derricks and employee
training and certification); annually (for equipment inspections).
    Average Time per Response: Varies from 30 seconds (communicate
employee's location to operator) to 1.5 hours (develop and document
written assembly and disassembly procedures).
    Estimated Total Burden Hours: 403,413 hours.
    Estimated Costs (Operation and Maintenance): $2.3 million.

Authority and Signature

    David Michaels, PhD, MPH, Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is the Paperwork Reduction Act of
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 4-2010
(75 FR 55355).

    Signed at Washington, DC, this 1st day of November 2010.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.

0
For the reasons stated in the preamble in this notice, the Occupational
Safety and Health Administration amends 29 CFR part 1926 to read as
follows:

PART 1926--[AMENDED]

Subpart A--General

0
1. Revise the authority citation for subpart A to read as follows:

    Authority: Sec. 3704, Contract Work Hours and Safety Standards
Act (40 U.S.C. 3701 et al.); secs. 4, 6, and 8, Occupational Safety
and Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of
Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48
FR 35736), 6-96 (62 FR 111), 5-2007 (72 FR 31160), and 4-2010 (75 FR
55355), as applicable; and 29 CFR part 1911.

0
2. Amend Sec.  1926.5 by adding to the table, in the proper numerical
sequence, the following citations and OMB control number to read as
follows:

Sec.  1926.5  OMB control numbers under the Paperwork Reduction Act.

* * * * *

------------------------------------------------------------------------
                                                            OMB control
                     29 CFR citation                            No.
------------------------------------------------------------------------

                                * * * * *
1926.1402...............................................       1218-0261
1926.1403...............................................       1218-0261
1926.1404...............................................       1218-0261
1926.1406...............................................       1218-0261
1926.1407...............................................       1218-0261
1926.1408...............................................       1218-0261
1926.1409...............................................       1218-0261
1926.1410...............................................       1218-0261
1926.1411...............................................       1218-0261
1926.1412...............................................       1218-0261
1926.1413...............................................       1218-0261
1926.1414...............................................       1218-0261
1926.1417...............................................       1218-0261
1926.1423...............................................       1218-0261
1926.1424...............................................       1218-0261
1926.1427...............................................       1218-0261
1926.1428...............................................       1218-0261
1926.1431...............................................       1218-0261
1926.1433...............................................       1218-0261
1926.1434...............................................       1218-0261
1926.1435...............................................       1218-0261
1926.1436...............................................       1218-0261
1926.1437...............................................       1218-0261
1926.1441...............................................       1218-0261
------------------------------------------------------------------------

[FR Doc. 2010-27947 Filed 11-5-10; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 76, Number 125 (Wednesday, June 29, 2011)]
[Rules and Regulations]
[Pages 38037-38040]
[FR Doc No: 2011-16355]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

 [EPA-HQ-OPP-2010-0423; FRL-8879-2]

 Mevinphos; Data Call-in Order for Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final order.

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SUMMARY: This order requires the submission of various data to support
the continuation of the tolerances for the pesticide mevinphos.
Pesticide tolerances are established under the Federal Food, Drug, and
Cosmetic Act (FFDCA). Following publication of this order, persons who
are interested in the continuation of the mevinphos tolerances must
notify the Agency by completing and submitting the required section
408(f) Order Response form (available in the docket) within 90 days. If
the Agency does not receive within 90 days after publication of the
final order a section 408(f) Response Form identifying a person who
agrees to submit the required data, EPA will revoke the mevinphos
tolerances.

DATES: This final order is effective June 29, 2011. A section 408(f)
Order Response form must be received on or before September 27, 2011.

ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2010-0423. All documents in the
docket are listed in the docket index available at http://www.regulations.gov. Although listed in the index, some information is
not publicly available, e.g., Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP

Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA. The Docket Facility is open from
8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays.
The Docket Facility telephone number is<PHONE_NUMBER>.
    Submit your section 408(f) Order Response form, identified by
docket identification (ID) number EPA-HQ-OPP-2010-0423, by one of the
following methods:
     Federal eRulemaking Portal:. Follow the on-line
instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is<PHONE_NUMBER>.
     Instructions: Direct your section 408(f) Order Response
form to docket ID number EPA-HQ-OPP-2010-0423. EPA's policy is that all
information and comments received will be included in the docket
without change and may be made available on-line at http://www.regulations.gov, including any personal information provided,
unless the information or comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send
information or comments via an e-mail directly to EPA without going
through regulations.gov, your e-mail address will be automatically
captured and included as part of the information or comment that is
placed in the docket and made available on the Internet. If you submit
information or a comment electronically, EPA recommends that you
include your name and other contact information in the body of your
information or comment and with any disk or CD-ROM you submit. If EPA
cannot read your information or comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your submission. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses.
     Docket: All documents in the docket are listed in the
docket index available at http://www.regulations.gov. Although listed
in the index, some information is not publicly available, e.g., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available either in the
electronic docket at http://www.regulations.gov, or, if only available
in hard copy, at the OPP Regulatory Public Docket in Rm. S-4400, One
Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The
hours of operation of this Docket Facility are from 8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays. The Docket
Facility telephone number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Susan Bartow, Pesticide Re-evaluation
Division (7508P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-
mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of 40 CFR
part 180 through the Government Printing Office's e-CFR cite at http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl http://www.gpoaccess.gov/ecfr. To access the harmonized
test guidelines referenced in this document electronically, please go
to http://www.epa.gov/ocspp and select ``Test Methods and Guidelines.''

II. Background

A. What action is the agency taking?

    In this document EPA issues an order requiring the submission of
various data to support the continuation of the mevinphos tolerances at
40 CFR 180.157 under section 408 of the Federal Food, Drug, and
Cosmetic Act (``FFDCA''), 21 U.S.C. 346a.
    Mevinphos is not currently registered under the Federal
Insecticide, Fungicide, and Rodenticide Act (``FIFRA''), 7 U.S.C. 136
et seq., and may not be sold, distributed, or used in the United
States. Mevinphos' FIFRA registration was canceled in 1994. However, 15
FFDCA tolerances remain for residues of mevinphos on the following
commodities: Broccoli, cabbage, cauliflower, celery, spinach,
strawberries, grapes, lettuce, melons, watermelon, peas, peppers,
summer squash, cucumbers, and tomatoes (40 CFR 180.157). Since there
are currently no domestic registrations for mevinphos, these tolerances
are referred to as ``import tolerances.'' It is these tolerances that
are addressed by the data call-in order.

B. What is the agency's authority for taking this action?

    Under section 408(f) of the FFDCA, EPA is authorized to require, by
order, submission of data ``reasonably required to support the
continuation of a tolerance'' when such data cannot be obtained under
the Data Call-In authority of FIFRA section 3(c)(2)(B), or section 4 of
the Toxic Substances Control Act (``TSCA''), 15 U.S.C. 2603. A FFDCA
section 408 data call-in order may only be issued following publication
of notice of the order and a 60-day public comment provision.
    A section 408(f) Data Call-In order must contain the following
elements:

    1. A requirement that one or more persons submit to EPA a notice
identifying the person(s) who commit to submit the data required in the
order;
    2. A description of the required data and the required reports
connected to such data;
    3. An explanation of why the required data could not be obtained
under section 3(c)(2)(B) of FIFRA or section 4 of TSCA; and
    4. The required submission date for the notice identifying one or
more interested persons who commit to submit the required data and the
required submission dates for all the data and reports required in the
order. (21 U.S.C. 346a(f)(1)(C)).
    EPA may by order modify or revoke the affected tolerances if any
one of the following submissions are not made in a timely manner:
    1. A notice identifying the one or more interested persons who
commit to submit the data;
    2. The data itself; or
    3. The reports required under a section 408(f) order are not
submitted by the date specified in the order. (21 U.S.C. 346a(f)(2)).

C. What preliminary steps were taken by EPA prior to issuing this final
order?

    On July 28, 2010, EPA issued a proposed data call-in order for the
pesticide mevinphos in connection with tolerances for that pesticide
under section 408 of the FFDCA, 21 U.S.C. 346a. (75 FR 44181). The
proposed data call-in order included the following studies:
    1. Comparative Cholinesterase Assay (870.6300);
    2. Immunotoxicity Study (870.7800);
    3. Directions for Use (860.1200);
    4. Crop Field Trials (860.1500)--(broccoli, cabbage, cauliflower,
celery, grapes, lettuce, peas, peppers, spinach, summer squash,
strawberries, and tomatoes); and
    5. Processing Study (tomatoes) (860.1520).

III. Summary of Public Comments Received and Agency Response to
Comments

    EPA received no comments in response to the July 28, 2010 Federal
Register notice announcing the Agency's proposed data call-in order for
mevinphos. In addition, the Agency has not received any of the data
identified in the proposed order as needed to support the mevinphos
tolerances.

IV. Final Data Call-in Order

    Because no comments were submitted on the proposed order and the
data deficiencies identified in the proposed order remain, EPA is today
issuing the final data call-in order under FFDCA section 408(f)(1)(C)
for mevinphos in the same form as the proposed order and for the
reasons set forth in that proposed order. Specifically, EPA is
requiring:
    1. Notice of intent to submit data. A notice identifying the person
or persons who commit to submit the data and reports in accordance with
Unit V.2. must be submitted to EPA if any person wishes to support the
mevinphos tolerances. The notice must be submitted on a section 408(f)
Order Response form which is available on the Federal Government's
electronic docket, http:/www.regulations.gov, under docket ID number
EPA-HQ-OPP-2010-0423.
    2. Deadline for submission of notice identifying data submitters.
The notice described in Unit V.1. identifying data submitters must be
submitted to and received by EPA on or before June 29, 2011.
Instructions on methods for submitting this notice (referred to in this
order as a ``section 408(f) Order Response form'') are set out under
the ADDRESSES heading above.
    3. Required data and reports and readlines for submission. The
table below lists the data and reports required to be submitted on
mevinphos under this order and the deadlines for the submission of each
study and report. The required submission date is calculated from the
close of the 90-day period following Federal Register publication of
the order for providing notice of intent to submit the data. Thus, for
example, if EPA generally allows 12 months to complete a study, the
required submission date for such a study under this order would be 15
months from the date of publication of the order in the Federal
Register.

                                        Table--Required Data and Reports
----------------------------------------------------------------------------------------------------------------
     Harmonized guideline                              Timeframe for  protocol
        requirement No.             Study title           report  submission       Timeframe for data submission
----------------------------------------------------------------------------------------------------------------
870.6300......................  Comparative         March 29, 2012...............  October 1, 2012.
                                 Cholinesterase
                                 Assay.
870.7800......................  Immunotoxicity      March 29, 2012...............  October 1, 2012.
                                 Study.
860.1200......................  Directions for use  Not required.................  October 1, 2012.
860.1500......................  Crop Field Trials   Not Required.................  September 30, 2013.
                                 (broccoli,
                                 cabbage,
                                 cauliflower,
                                 celery, grapes,
                                 lettuce, peas,
                                 peppers, spinach,
                                 summer squash,
                                 strawberries, and
                                 tomatoes).
860.1520......................  Processing studies  Not Required.................  September 30, 2013.
                                 (tomatoes).
----------------------------------------------------------------------------------------------------------------

    EPA provided a description of why the required data could not be
obtained under section 3(c)(2)(B) of FIFRA or section 4 of TSCA in the
proposed order and relies on that description in this final order.

V. Failure To Submit Notice of Intent To Submit Data or Data and
Reports

    If, within 90 days after publication of this final order, the
Agency does not receive a section 408(f) Order Response Form
identifying a person who agrees to submit the required data, EPA will
revoke the mevinphos tolerances at 40 CFR 180.157. Such revocation is
subject to the objection and hearing procedure in FFDCA section
408(g)(2) but the only material issue in such a procedure is whether a
submission required by the order was made in a timely fashion.
    Additional events that may be the basis for modification or
revocation of mevinphos tolerances include, but are not limited to the
following:
    1. No person submits on the required schedule an acceptable
protocol report when such report is required to be submitted to the
Agency for review.
    2. No person submits on the required schedule acceptable data as
required by the final order.

VI. Statutory and Executive Order Reviews

    As required by statute, this action requiring submission of data in
support of tolerances is in the form of an order and not a rule. (21
U.S.C. 346a(f)(1)(C)). Under the Administrative Procedures Act, orders
are expressly excluded from the definition of a rule. (5 U.S.C.
551(4)). Accordingly, the regulatory assessment requirements imposed on

rulemaking do not, therefore, apply to this action.

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: June 22, 2010.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2011-16355 Filed 6-28-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: January 14, 2008 (Volume 73, Number 9)]
[Notices]
[Page 2296-2297]
[DOCID:fr14ja08-114]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57105; File No. SR-NASDAQ-2007-100]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing of a Proposed Rule Change To Nasdaq's Rule 7033 to
Modify the Fees Charged for the Mutual Fund Quotation Service and to
Correct Certain Errors in the Rule Manual

January 4, 2008.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'')\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on December 19, 2007, The NASDAQ Stock Market LLC (``Nasdaq'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II and III below, which
Items have been prepared substantially by Nasdaq. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Nasdaq proposes to modify the fees charged for the Mutual Fund
Quotation Service (``MFQS'') and to correct certain errors in the rule
manual. The text of the proposed rule change is available at http://www.nasdaq.complinet.com
, the principal offices of Nasdaq, and the

Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, Nasdaq included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. Nasdaq has prepared summaries, set forth in sections A,
B, and C below, of the most significant aspects of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    Nasdaq seeks retroactive approval for the implementation of MFQS
fees previously approved when MFQS was operated as a facility of The
National Association of Securities Dealers (``NASD'') but not
transferred to the corresponding Nasdaq rule when Nasdaq commenced
operations as a national securities exchange on August 1, 2006. Nasdaq
is also seeking approval effective on January 1, 2008, for changes to
eliminate the fee differential between News Media and Supplemental
listings.
SR-NASD-2003-52
    Subsection (e) of NASD Rule 7090 was approved by the Commission in
connection with its approval of SR-NASD-2003-52 effective as of August
7, 2003.\3\ That subsection, although approved, was inadvertently
omitted from the NASD's online manual. On August 1, 2006, Nasdaq
formally separated from NASD. As Nasdaq prepared to begin operating as
an independent national securities exchange in 2006, it replicated
sections of the NASD rule manual and proposed that they be included in
the new Nasdaq rule manual in the same form.\4\ Due to the inadvertent
omission of subsection (e) of Rule 7090 from the NASD manual, Nasdaq
failed to include that subsection in its manual (as Rule 7033). Nasdaq
proposes to rectify that omission through the current rule proposal,
retroactive to its separation date of August 1, 2006.
---------------------------------------------------------------------------

    \3\ Securities Exchange Act Release No. 48279 (August 1, 2003),
68 FR 47121 (August 7, 2003) (SR-NASD-2003-52).
    \4\ Securities Exchange Act Release No. 53128 (January 13,
2006), 71 FR 3550 (January 23, 2006).
---------------------------------------------------------------------------

New Uniform Pricing
    Nasdaq seeks to change the fees charged for the News Media and
Supplemental Lists to reflect a conformity of effort by Nasdaq in
providing both services. MFQS was created to collect and disseminate
data pertaining to the value of open-end and closed-end mutual funds,
money market funds, and unit investment trusts. MFQS has two ``lists''
in which a fund or trust may be included: (1) The News Media List and
(2) the Supplemental List. The listing requirements for the News Media
List are different than the listing requirements for the Supplemental
List, so a fund will only qualify for one list or the other. If a fund
or trust is listed on the News Media List, pricing information about
the fund or trust is eligible for inclusion in the fund/trust tables of
newspapers and is also eligible for dissemination over Nasdaq's Mutual
Fund Dissemination Service (``MFDS'') data feed, which is distributed
to market data vendors. If the fund or trust is listed on the
Supplemental List, the pricing information about the fund or trust

generally is not included in newspaper fund/trust tables, but is
disseminated over Nasdaq's MFDS data feed.
    Historically, Nasdaq spent more time and effort compiling and
disseminating the News Media List, which justified its higher fee. Over
time, Nasdaq has enhanced its processes and technology; as a result,
the effort it takes to compile the two lists generally is the same.
Nasdaq follows similar processes in the development of the Lists: both
require the same processing to set up, both are disseminated to the
public over the same data feed using the same message formats, and both
require the same technical support. Given the uniformity of effort,
Nasdaq believes that the pricing distinction between the two Lists is
no longer valid and seeks with this filing to establish a uniform price
for both. The new uniform price represents a decrease in fees for the
News Media List and an increase for the Supplemental List, which
reflects Nasdaq's enhanced system and extended reporting session.
    With this filing, Nasdaq seeks to raise the Supplemental List fee
by $100 and lower the News Media List by $25 as compared to the fees
currently being charged, effective on January 1, 2008. The increase
reflects additional services rendered in providing the Supplemental
List, and the decrease is for sake of conformity. Fees were last raised
over two years ago.
2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with
section 6(b) of the Act \5\ in general, and with section 6(b)(4) of the
Act,\6\ in particular, in that the proposal provides for the equitable
allocation of reasonable dues, fees and other charges among members and
issuers and other persons using any facility or system which Nasdaq
operates or controls. The proposed rule change establishes new uniform
MFQS fees based on increased services rendered and uniformity of
effort, and also corrects certain errors in the rule manual on a
retroactive basis.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    Nasdaq does not believe that the proposed rule change will impose
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants or Others

    Written comments were neither solicited nor received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding, or (ii) as to
which Nasdaq consents, the Commission will:
    (A) By order approve such proposed rule change; or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
 ); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-NASDAQ-2007-100 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, Station Place, 100 F
Street, NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-NASDAQ-2007-100. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
 ). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of Nasdaq. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make publicly available. All
submissions should refer to File Number SR-NASDAQ-2007-100 and should
be submitted on or before February 4, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E8-393 Filed 1-11-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 1 (Monday, January 3, 2011)]
[Rules and Regulations]
[Pages 5-9]
[FR Doc No: 2010-33082]

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

Federal Aviation Administration

14 CFR Part 1

[Docket No. FAA-2010-0812; Amendment No. 1-66]
RIN 2120-AJ81

Feathering Propeller Systems for Light-Sport Aircraft Powered
Gliders

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: This final rule with request for comments amends the
definition of light-sport aircraft by removing ``auto'' from the term
``autofeathering'' as it applies to powered gliders. This amendment
will allow both manual and autofeathering propeller operation for
powered gliders that qualify as light-sport aircraft.

DATES: This rule becomes effective on March 4, 2011. Submit comments on
or before February 2, 2011.

ADDRESSES: You may send comments identified by Docket Number FAA-2010-
0812 using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590-0001.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

For more information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.

    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78) or you may visit http://DocketsInfo.dot.gov.

    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or visit Docket Operations in
Room W12-140 of the West Building Ground Floor at 1200 New Jersey
Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Terry Chasteen, Federal Aviation
Administration, Aircraft Certification Service, Small Airplane
Directorate, ACE-114, 901 Locust, Room 301, Kansas City, MO 64106;
telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>For legal questions concerning this rule,
contact David Pardo, Office of Chief Counsel, AGC-240, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA is adopting this final rule without prior notice and prior
public comment because this amendment is relieving in nature, imposes
no burden on the public, and is responsive to a petition for exemption
and related public comments which sought the relief granted by this
rule. The Regulatory Policies and Procedures of the Department of
Transportation (DOT) (44 FR 1134, February 26, 1979) provide that, to
the maximum extent possible, operating administrations for the DOT
should provide an opportunity for public comment on regulations issued
without prior notice. Accordingly, we invite interested persons to
participate in this rulemaking by submitting written comments, data, or
views. We also invite comments relating to the economic, environmental,
energy, or federalism impacts that might result from adopting this
final rule. The most helpful comments reference a specific portion of
the final rule, explain the reason for any recommended change, and
include supporting data. To ensure the docket does not contain
duplicate comments, please send only one copy of written comments, or
if you are filing comments electronically, please submit your comments
only one time.
    We will file in the docket all comments we receive, as well as a
report summarizing each substantive public contact with FAA personnel
concerning this final rule. Before acting on this final rule, we will
consider all comments we receive on or before the closing date for
comments. We will consider comments filed after the comment period has
closed if it is possible to do so without incurring expense or delay.
We may change this final rule in light of the comments received.

Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires the FAA to comply with small entity requests for
information or advice about compliance with statutes and regulations
within its jurisdiction. Therefore, any small entity that has a
question regarding this document may contact their local FAA official,
or the persons listed under FOR FURTHER INFORMATION CONTACT. You can
find out more about SBREFA on the Internet at our site, http://www.faa.gov/regulations%5Fpolicies/rulemaking/sbre_act/.

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the Agency's
authority.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701. Under that section,
the FAA is charged with prescribing regulations for practices, methods,
and procedures the Administrator finds necessary for safety in air
commerce. This regulation is within the scope of that authority because
it establishes minimum standards required in the interest of safety for
the design of aircraft.

Background

    Currently, the definition of light-sport aircraft in Sec.  1.1
General Definitions, Title 14, Code of Federal Regulations (14 CFR),
specifies that powered gliders that are light-sport aircraft have a
fixed or autofeathering propeller system. The restriction to
``autofeathering'' has resulted in varying applications of light-sport
aircraft (LSA) design.
    In 2004, the FAA issued the final rule ``Certification of Aircraft
and Airmen for the Operation of Light-Sport Aircraft'' (Sport Pilot
Rule) (69 FR 44772, July 27, 2004). That rule established a definition
for the term ``light-sport aircraft.'' Since we adopted that rule, the
FAA has been working with the LSA industry in evaluating the overall
LSA program. The past five years have seen remarkable growth in the
overall LSA industry. Over 1,200 new factory-built airplanes, powered
parachutes, and weight-shift control aircraft have received special
airworthiness certificates in the special LSA category. One exception
to this rapid growth is LSA powered gliders.
    The FAA has determined that a propeller on a LSA powered glider can
be safely feathered using either a manual or automatic feathering
propeller system, which justifies replacing the term ``autofeathering''
with ``feathering.'' We discuss this determination in the following
section.

Feathering Propeller Systems for Soaring Flight

    When we published the notice of proposed rulemaking (NPRM) entitled
Certification of Aircraft and Airmen for the Operation of Light-Sport
Aircraft on February 5, 2002 that proposed a definition for LSA, we
intended that LSA be simple in design and operation and appropriate for
operation by sport pilots. For aircraft design, low performance within
the constraints of light weight and structural integrity were
important. For aircraft operation, simple mechanical systems within the
constraints of sport pilot training requirements were important. In
that NPRM (67 FR 5376), we stated that ``a light sport aircraft, if
powered, would be limited to a fixed or ground adjustable propeller.''
We determined that ``a propeller that could not be adjusted in pitch
during flight was necessary to limit the operational complexity of the
aircraft and would be consistent with the skills necessary to hold a
sport pilot certificate.''
    Some commenters requested that controllable pitch propellers be
permitted on LSA. We disagreed that the LSA definition should be
revised accordingly because it would require a level of training for
sport pilots and repairmen that would not be commensurate with the
privileges of their certificates. However, for powered gliders, we
revised the final rule to permit autofeathering propeller systems on
LSA powered gliders to decrease drag while soaring.
    In June 2008, the Light Aircraft Manufacturers Association (LAMA)
petitioned the FAA for an exemption to allow manual feathering of a
propeller in LSA powered gliders. As part of its request, LAMA provided
information concerning the design and operation of manual feathering
propeller systems. This petition can be found in Docket No. FAA-2008-
0737.
    The FAA received approximately 16 comments from 13 commenters in
response to the petition. All the commenters supported the petition for
exemption. Comments on the petition highlighted the overall benefits
for a

LSA powered glider to have the option of being equipped with a manual
feathering propeller system.
    After reviewing LAMA's petition and the comments received in
support of it, the FAA has determined that a change to the definition
of LSA for powered gliders is appropriate. The FAA agrees that
autofeathering propeller systems are not necessary for the safe
operation of LSA powered gliders. These systems, which are typically
found in multi-engine aircraft, automatically feather a propeller in
the event of a power loss during takeoff. These systems can be complex,
heavy, and expensive.
    On the other hand, powered gliders typically incorporate a simple,
manual feathering propeller system. These simple, two-position manual
feathering systems are more consistent with the intended use of a LSA
powered glider and the expected level of complexity for LSA operations.
For example, these systems allow the pilot to feather the propeller by
toggling a switch or moving a lever in the cockpit. This system rotates
the propeller blades to be aligned with the wind--from power
configuration to soaring configuration--so that the glider may maximize
gained altitude through thermal lift only. The ability to feather the
propeller is desirable when the glider is aloft and the engine has been
intentionally shut off.
    A manual feathering propeller system is the lightest, simplest, and
most direct way to rotate the propeller blades from power configuration
to soaring configuration. This translates to a lower glider weight that
may result in better performance and fewer parts or systems that could
fail (i.e., better reliability) than with autofeathering systems, while
still maintaining low cockpit workload and pilot distraction.

Design and Standards

    Under the provisions of the Sport Pilot rule and the revised Office
of Management and Budget (OMB) Circular A-119, ``Federal Participation
in the Development and Use of Voluntary Consensus Standards and in
Conformity Assessment Activities,'' dated February 10, 1998, the LSA
industry and the FAA have been working with the American Society for
Testing and Materials (ASTM) International to develop consensus
standards for aircraft issued special airworthiness certificates in the
LSA category under Sec.  21.190 for Special Light-Sport Aircraft (S-
LSA). These consensus standards, once accepted by the FAA, satisfy the
agency's goal for airworthiness certification and establish a
verifiable minimum safety level for S-LSA. In addition, use of the
consensus standard process assures government and industry that
discussion and agreement on appropriate standards have occurred for the
required level of safety.
    We believe a simple manually operated propeller system for in-
flight feathering would be an acceptable means of compliance with the
propeller feathering provisions for LSA.
    From the aircraft design perspective, we were concerned that
malfunction or misuse of a manual feathering propeller on an LSA
powered glider could impose a hazard to the aircraft occupants. Since
publication of the Sport Pilot Rule, the FAA has reviewed powered
glider accident statistics in the electronic database of the National
Transportation Safety Board. The data show 32 accidents in the years
1962 through 2009 (October) with no accidents attributed to the
operation of feathering or un-feathering a propeller during flight. The
data also indicate that in-flight feathering of a propeller system in
powered gliders--many of which are permitted to use either manual or
autofeathering propeller system--does not decrease safety.
    We find that a manually operated propeller system for in-flight
feathering is appropriate. Currently, pilots flying LSA powered gliders
are allowed to use a direct-action manual lever to operate the landing
gear, which typically occurs at low altitudes during times of high
pilot workload. By contrast, feathering the propeller takes place at
higher altitudes when pilot workload is minimal. We have determined
that this revision to the definition of a LSA recognizes the
operational nature of LSA powered gliders and is consistent with the
stated design and safety objectives.

Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
the FAA to consider the impact of paperwork and other information
collection burdens imposed on the public. We have determined that there
are no current or new requirements for information collection
associated with this amendment.

International Compatibility

    In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to comply with
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA has
determined there are no International Civil Aviation Organization
(ICAO) Standards and Recommended Practices that correspond to this
regulation. International standards for Light Sport Aircraft are being
coordinated by ASTM International.

Good Cause for ``No Notice''

    Section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C.
553(b)(B)) authorizes agencies to dispense with certain notice
procedures for rules when they find ``good cause'' to do so. Under
section 553(b)(B), the requirements of prior notice and opportunity for
comment do not apply when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.''
    This final rule will change the definition of LSA powered glider by
removing ``auto'' from ``autofeathering,'' which will eliminate the
current restriction on manual feathering propeller designs. Prior
public comment is unnecessary because the FAA has already obtained
public comments regarding a petition for exemption seeking to eliminate
the restriction on manual feathering propeller designs from the
definition of light-sport aircraft. This final rule is responsive to
those comments, all of which were in support of the petition for
exemption.
    We do not anticipate significant public comment on this amendment,
since it does not impose a requirement.

Executive Order 12866 and DOT Regulatory Policies and Procedures

    Executive Order 12866, Regulatory Planning and Review, directs the
FAA to assess both the costs and benefits of a regulatory change. We
are not allowed to propose or adopt a regulation unless we make a
reasoned determination that the benefits of the intended regulation
justify its costs. Our assessment of this final rule indicates that its
economic impact is minimal.

Regulatory Evaluation, Regulatory Flexibility Determination,
International Trade Impact Assessment, and Unfunded Mandates Assessment

    Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 directs each Federal agency to
propose or adopt a regulation only upon a reasoned determination that
the benefits of the intended regulation justify its costs. Second, the
Regulatory Flexibility Act of 1980 (Pub. L. 96-354) requires agencies
to analyze the economic impact of regulatory changes on small entities.
Third, the Trade Agreements Act (Public Law 96-39) prohibits

agencies from setting standards that create unnecessary obstacles to
the foreign commerce of the United States. In developing U.S.
standards, this Trade Act also requires agencies to consider
international standards and, where appropriate, that they be the basis
of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4) requires agencies to prepare a written assessment of
the costs, benefits, and other effects of proposed or final rules that
include a Federal mandate likely to result in the expenditure by State,
local or Tribal governments, in the aggregate, or by the private
sector, of $100 million or more annually (adjusted for inflation with
the base year of 1995). This portion of the preamble summarizes the
FAA's analysis of the economic impacts of this final rule.
    Department of Transportation Order DOT 2100.5 prescribes policies
and procedures for simplification, analysis, and review of regulations.
If the expected cost impact is so minimal that a proposed or final rule
does not warrant a full evaluation, this order permits that a statement
to that effect and the basis for it be included in the preamble if a
full regulatory evaluation of the cost and benefits is not prepared.
Such a determination has been made for this final rule. The reasoning
for this determination is that the rule is cost relieving, as it
eliminates the current restriction on manual feathering propeller
designs while maintaining the current safety level.
    FAA has therefore determined that this final rule is not a
``significant regulatory action'' as defined in section 3(f) of
Executive Order 12866, and is not ``significant'' as defined in DOT's
Regulatory Policies and Procedures.

Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA)
establishes ``as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objectives of the rule of applicable
statutes, to fit regulatory and informational requirements to the scale
of the businesses, organizations, and governmental jurisdictions
subject to the regulation. To achieve this principle, agencies are
required to solicit and consider flexible regulatory proposals and to
explain the rationale for their actions to assure that such proposals
are given serious consideration.'' The RFA covers a wide range of small
entities, including small businesses, not-for-profit organizations, and
small governmental jurisdictions.
    Agencies must perform a review to determine whether a rule will
have a significant economic impact on a substantial number of small
entities. If the agency determines it will, the agency must prepare a
regulatory flexibility analysis as described in the RFA. However, if an
agency determines that a rule is not expected to have a significant
economic impact on a substantial number of small entities, section
605(b) of the RFA provides that the head of the agency may so certify
and a regulatory flexibility analysis is not required. The
certification must include a statement providing the factual basis for
this determination, and the reasoning should be clear. This rule will
not have a significant economic impact because it is cost relieving.
    Therefore, as the FAA Administrator, I certify that this rule will
not have a significant economic impact on a substantial number of small
entities.

International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing standards or engaging in related activities
that create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to these Acts, the establishment of standards is not
considered an unnecessary obstacle to the foreign commerce of the
United States, so long as the standard has a legitimate domestic
objective, such the protection of safety, and does not operate in a
manner that excludes imports that meet this objective. The statute also
requires consideration of international standards and, where
appropriate, that they be the basis for U.S. standards. The FAA has
assessed the potential effect of this final rule with request for
comments and has determined that it will have a cost relieving impact
on domestic and international entities and thus has a neutral trade
impact.

Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement
assessing the effects of any Federal mandate in a proposed or final
agency rule that may result in an expenditure of $100 million or more
(adjusted annually for inflation with the base year 1995) in any one
year by State, local, and Tribal governments, in the aggregate, or by
the private sector; such a mandate is deemed to be a ``significant
regulatory action.'' The level equivalent of $100 million in CY 1995,
adjusted for inflation to CY 2010 levels by the Consumer Price Index
for all Urban Consumers (CPI-U) as published by the Bureau of Labor
Statistics, is $143.1 million.
    This final rule with request for comments does not contain such a
mandate. Therefore, the requirements of Title II of the Unfunded
Mandates Reform Act of 1995 do not apply to this regulation.

Executive Order 13132, Federalism

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

Environmental Analysis

    FAA Order 1050.1E identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act in the absence of extraordinary circumstances. The FAA has
determined this proposed rulemaking action qualifies for the
categorical exclusion identified in paragraph 312 and involves no
extraordinary circumstances.

Regulations That Significantly Affect Energy Supply, Distribution, or
Use

    The FAA has analyzed this final rule with request for comments
under Executive Order 13211, Actions Concerning Regulations that
Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355,
May 18, 2001). We have determined that it is not a ``significant energy
action'' under the executive order, and it is not likely to have a
significant adverse effect on the supply, distribution, or use of
energy.

Availability of Rulemaking Documents

    You can get an electronic copy using the Internet by:
    (1) Searching the Federal eRulemaking portal at http://www.regulations.gov;
    (2) Visiting the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies/; or
    (3) Accessing the Government Printing Office's Web page at http://www.gpoaccess.gov/fr/index.html.
    You can also get a copy by sending a request to the Federal
Aviation Administration, Office of Rulemaking,

ARM-1, 800 Independence Avenue, SW., Washington, DC 20591, or by
calling<PHONE_NUMBER>. Make sure to identify the docket and amendment
number of this rulemaking.

List of Subjects in 14 CFR Part 1

    Air transportation.

The Amendments

    In consideration of the foregoing, the Federal Aviation
Administration amends part 1 of Title 14, Code of Federal Regulations,
as follows:

PART 1--DEFINITIONS AND ABBREVIATIONS

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

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

0
2. Amend the definition of ``light-sport aircraft'' in Sec.  1.1 by
revising paragraph (8) to read as follows:

Sec.  1.1  General definitions.

* * * * *
    Light-sport aircraft * * *
    (8) A fixed or feathering propeller system if a powered glider.
* * * * *

    Issued in Washington, DC on December 22, 2010.
J. Randolph Babbit,
Administrator.
[FR Doc. 2010-33082 Filed 12-30-10; 8:45 am]
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[Federal Register: September 7, 2006 (Volume 71, Number 173)]
[Notices]
[Page 52786-52788]
[DOCID:fr07se06-41]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[ Docket No. CP04-400-002]

Golden Pass Pipeline LP; Notice of Intent To Prepare an
Environmental Assessment for the Proposed Northern Segment Amendment
Project and Request for Comments on Environmental Issues

August 25, 2006.
    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that
discusses the environmental impacts of Golden Pass Pipeline LP's
(Golden Pass) proposed Northern Segment Amendment Project (Northern
Segment Amendment or Project) which involves design and workspace
changes to the pipeline facilities previously approved as part of the
Golden Pass LNG Terminal and Pipeline Project.\1\ In the Northern
Segment Amendment, Golden Pass proposes the following changes to the
previously authorized facilities: (1) Replace the authorized, but not
yet constructed, 36-inch-diameter pipeline with a 42-inch-diameter
pipeline between approximate milepost (MP) 42.81 and MP 77.87, at the
American Electric Power Texoma Pipeline (AEP Texoma) interconnect and
the Transcontinental Gas Pipe Line Corporation (Transco) interconnect,
respectively; (2) relocate a mainline valve (MLV) from MP 54.11 to
52.50 and install a 42-inch MLV rather than a 36-inch MLV; (3) remove
from the approved facilities the 36-inch pig receiver and launcher at
the AEP Texoma interconnect; and (4) install a 42-inch pig receiver and
MLV at the Transco interconnect. The pipeline route would not change as
a result of the amended facilities. However, due to the increased
diameter of the pipeline, Golden Pass is requesting additional
temporary workspaces at certain locations.
---------------------------------------------------------------------------

    \1\ On July 6, 2005, the Commission approved the Golden Pass LNG
Terminal and Pipeline Project in Docket Nos. CP04-386-000, CP04-400-
000, CP04-401-000, and CP04-402-000. The Golden Pass LNG Terminal
and Pipeline Project included a liquefied natural gas (LNG) terminal
and associated LNG facilities, 77.8 miles of 36-inch diameter
mainline pipeline, 42.8 miles of 36-inch diameter looping pipeline
that would be constructed adjacent to the mainline, and associated
pipeline facilities.
---------------------------------------------------------------------------

    This notice announces the opening of the scoping period that will
be used to gather environmental input from the public and interested
agencies on the Project. Please note that the scoping period will close
on September 25, 2006. Details on how to submit comments are provided
in the Public Participation section of this notice.
    This notice is being sent to potentially affected landowners along
the Project route; Federal, state, and local government agencies;
elected officials; environmental and public interest groups; Native
American tribes; and local libraries and newspapers.
    With this notice, we \2\ are asking Federal, state, and local
agencies with jurisdiction and/or special expertise with respect to
environmental issues to cooperate with us in the preparation of the EA.
These agencies may choose to participate once they have evaluated the
proposal relative to their responsibilities. Agencies which would like
to request cooperating status should follow the instructions for filing
comments described later in this notice. We encourage government
representatives to notify their constituents of this planned project
and encourage them to comment on their areas of concern.
---------------------------------------------------------------------------

    \2\ ``We,'' ``us,'' and ``our'' refer to the environmental staff
of the Office of Energy Projects.
---------------------------------------------------------------------------

    Some affected landowners may be contacted by a project
representative about the acquisition of an easement to construct,
operate, and maintain the proposed pipeline. If so, the company should
seek to negotiate a mutually acceptable agreement. In the event that
the Project is certificated by the Commission, that approval conveys
the right of eminent domain for securing easements for the pipeline.
Therefore, if easement negotiations fail to produce an agreement, the
company could initiate condemnation proceedings in accordance with
state law.
    A fact sheet prepared by the FERC entitled ``An Interstate Natural
Gas Facility On My Land? What Do I Need To Know?'' addresses a number
of typically asked questions, including the use of eminent domain and
how to participate in the Commission's proceedings. It is available for
viewing on the FERC Internet Web site (http://www.ferc.gov).

Summary of the Proposed Project

    In the Commission's July 6, 2005 Order, Golden Pass was authorized
to construct and operate approximately 77.8 miles of 36-inch-diameter
mainline, 42.8 miles of 36-inch-diameter loop, and 1.8 miles of 24-
inch-diameter pipeline and related pipeline facilities. These
facilities (or the Authorized Pipeline) will be used to transport
natural gas on an open-access basis from the Golden Pass LNG Terminal
on the Port Arthur ship channel to various interstate and intrastate
pipelines in Texas and Louisiana. The EA prepared for the Project will
incorporate by reference information provided in the environmental
impact statement prepared for the Golden Pass LNG Terminal and Pipeline
Project.
    Golden Pass presently has a pending application for the Optimized
Pipeline Project (OP Project) by which it proposes to construct and
operate a single 42-inch-diameter pipeline, in place of the 42.8 miles
of dual 36-inch-diameter pipelines and to shorten the pipeline route.
That proposal would involve only those pipeline facilities in Jefferson
and Orange Counties, Texas, south of approximate MP 42.81. An
environmental assessment of the OP Project was issued on August 15,
2006.
    The Northern Segment Amendment would affect the authorized pipeline
north of MP 42.81. A map illustrating the authorized facilities and the
proposed Project is provided in Appendix 1.\3\
---------------------------------------------------------------------------

    \3\ The appendices referenced in this notice are not being
printed in the Federal Register. Copies are available on the
Commission's Internet Web site (http://www.ferc.gov) at the

``eLibrary'' link or from the Commission's Public Reference and
Files Maintenance Branch at 1-202-502-8371. For instructions on
connecting to eLibrary refer to the Additional Information section
of this notice.
---------------------------------------------------------------------------

Non-Jurisdictional Facilities

    There are no proposed non-jurisdictional facilities associated with
this proposal.

Land Requirements for Construction

    Construction of the Project would not change the permanent pipeline
right-of-way, but it would require additional temporary construction
workspace at certain waterbody, road, and pipeline crossings. The total
increase in temporary land requirements would be about 4.89 acres.

The EA Process

    NEPA requires the Commission to take into account the environmental
impacts that could result from an action whenever it considers the
issuance of a Certificate of Public Convenience and Necessity under
Section 7 of the Natural Gas Act. NEPA also requires us to discover and
address concerns the public may have about proposals. This process is
referred to as ``scoping''. The main goal of the scoping process is to
focus the analysis in the EA on the important environmental issues. By
this Notice of Intent, the Commission staff requests public comments on
the scope of the issues to address in the EA. All comments received are
considered during the preparation of the EA. By this notice, we are
also asking Federal, state, and local agencies with jurisdiction and/or
special expertise with respect to environmental issues to formally
cooperate with us in the preparation of the EA. Agencies that would
like to request cooperating status should follow the instructions for
filing comments below.
    In the EA we will discuss impacts that could occur as a result of
the construction and operation of the proposed Project under these
general headings:
     Land use.
     Water resources, fisheries, and wetlands.
     Cultural resources.
     Vegetation and wildlife.
     Endangered and threatened species.
    We will also evaluate possible alternatives to the proposed Project
or portions of the Project, and make recommendations on how to lessen
or avoid impacts on the various resource areas.
    Our independent analysis of the issues will be included in the EA.
Depending on the comments received during the scoping process, the EA
would be published and mailed to Federal, state, and local agencies,
Native American tribes, public interest groups, interested individuals,
affected landowners, newspapers, libraries, and the Commission's
official service list for this proceeding. A comment period would be
allotted for review of the EA. All comments received on the EA would be
considered before we make our recommendations to the Commission. The EA
is used by the Commission in its decision-making process to determine
whether the Project is in the public convenience and necessity.
    To ensure your comments are considered, please carefully follow the
instructions in the public participation section described later in
this notice.

Currently Identified Environmental Issues

    We have identified several issues that we think deserve attention
based on a preliminary review of the proposed facilities and the
environmental information provided by Golden Pass. This preliminary
list of issues may be changed based on your comments and our analysis.
     Water Resources.
     Impact on water quality.
     Impact on wetlands.
     Endangered and Threatened Species.
     Land use.

Public Participation

    You can make a difference by providing us with your specific
comments or concerns about the Project. By becoming a commentor, your
concerns may be addressed in the EA and considered by the Commission.
You should focus on the potential environmental effects of the
proposal, alternatives to the proposal (including alternative locations
and routes), and measures to avoid or lessen environmental impact. The
more specific your comments, the more useful they may be. Please
carefully follow these instructions to ensure that your comments are
received in time and properly recorded:
     Send an original and two copies of your letter to: Magalie
R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First
St., NE., Room 1A, Washington, DC 20426.
     Label one copy of the comments for the attention of Gas
Branch 2.
     Reference Docket No. CP04-400-002 on the original and both
copies.
     Mail your comments so that they will be received in
Washington, DC, on or before September 25, 2006.
    Please note that we are continuing to experience delays in mail
deliveries from the U.S. Postal Service. As a result, we will include
all comments that we receive within a reasonable time frame in our
environmental analysis of this project. However, the Commission
strongly encourages electronic filing of any comments or interventions
or protests to this proceeding. See 18 CFR 385.2001(a)(1)(iii) and the
instructions on the Commission's Web site at http://www.ferc.gov under

the ``e-Filing'' link and the link to the User's Guide. Before you can
file comments, you will need to open a free account which can be
created online.

Becoming an Intervenor

    In addition to involvement in the EA scoping process, you may want
to become an official party to the proceeding known as an
``intervenor''. Intervenors play a more formal role in the process.
Among other things, intervenors have the right to receive copies of
case-related Commission

documents and filings by other intervenors. Likewise, each intervenor
must send one electronic copy (using the Commission's eFiling system)
or 14 paper copies of its filings to the Secretary of the Commission
and must send a copy of its filings to all other parties on the
Commission's service list for this proceeding. If you want to become an
intervenor you must file a motion to intervene according to Rule 214 of
the Commission's Rules of Practice and Procedure (18 CFR 385.214, see
Appendix 2). Only intervenors have the right to seek rehearing of the
Commission's decision.
    Affected landowners and parties with environmental concerns may be
granted intervenor status upon showing good cause by stating that they
have a clear and direct interest in this proceeding which would not be
adequately represented by any other parties. You do not need intervenor
status to have your environmental comments considered.

Environmental Mailing List

    If you do not want to send comments at this time, but still want to
remain on our mailing list, please return the attached Mailing List
Retention Form (Appendix 3). If you do not return the form, you will be
taken off the mailing list.

Additional Information

    Additional information about the Project is available from the
Commission's Office of External Affairs, at 1-866-208-FERC or on the
FERC Internet Web site (http://www.ferc.gov) using the eLibrary link. Click on

the eLibrary link, click on ``General Search'' and enter the docket
number excluding the last three digits in the Docket Number field. Be
sure you have selected an appropriate date range. For assistance,
please contact FERC Online Support at<EMAIL_ADDRESS>or
toll free at 1-866-208-3676, or for TTY, contact 1-202-502-8659. The
eLibrary link also provides access to the texts of formal documents
issued by the Commission, such as orders, notices, and rulemakings.
    In addition, the Commission now offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries and direct links to
the documents. Go to http://www.ferc.gov/esubscribenow.htm.

    Finally, public meetings or site visits will be posted on the
Commission's calendar located at http://www.ferc.gov/EventCalendar/EventsList.aspx
 along with other related information.

Magalie R. Salas,
Secretary.
[FR Doc. E6-14769 Filed 9-6-06; 8:45 am]

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