[Federal Register Volume 78, Number 132 (Wednesday, July 10, 2013)]
[Rules and Regulations]
[Page 41289]
[FR Doc No: 2013-16448]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2012-1138; Airspace Docket No. 12-ACE-6]

Amendment of Class E Airspace; Ogallala, NE

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class E airspace at Ogallala, NE.
Additional controlled airspace is necessary to accommodate new Area
Navigation (RNAV) Standard Instrument Approach Procedures at Searle
Field Airport. This action enhances the safety and management of
Instrument Flight Rule (IFR) operations at the airport.

DATES: Effective date: 0901 UTC, October 17, 2013. 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 26, 2013, the FAA published in the Federal Register a
notice of proposed rulemaking (NPRM) to amend Class E airspace for the
Ogallala, NE., area, creating additional controlled airspace at Searle
Field Airport (78 FR 18262) Docket No. FAA-2012-1138. 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 7400.9W dated August 8, 2012, and effective September
15, 2012, which is incorporated by reference in 14 CFR 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 extending upward from 700 feet
above the surface to ensure that required controlled airspace exists
from the current 8.6-mile radius of the airport to 11.2 miles southeast
of the airport to contain aircraft executing new standard instrument
approach procedures at Searle Field Airport, Ogallala, NE. This action
enhances 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 only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does 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 Searle Field Airport, Ogallala, NE.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1E, ``Environmental Impacts: Policies and
Procedures,'' paragraph 311a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

Adoption of the Amendment

    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 71.1 of the Federal
Aviation Administration Order 7400.9W, Airspace Designations and
Reporting Points, dated August 8, 2012, and effective September 15,
2012, is amended as follows:Paragraph 6005: Class E airspace areas
extending upward from 700 feet or more above the surface.
* * * * *

ACE NE E5 Ogallala, NE [Amended]

    Searle Field Airport, NE
    (lat. 41[deg]07'10'' N., long. 101[deg]46'11'' W.)

    That airspace extending upward from 700 feet above the surface
within a 8.6-mile radius of Searle Field Airport, and within 2 miles
each side of the 144[deg] bearing from the airport extending from
the 8.6-mile radius to 11.2 miles southeast of the airport.

    Issued in Fort Worth, Texas, on June 24, 2013.
David P. Medina,
Manager, Operations Support Group, ATO Central Service Center.

[FR Doc. 2013-16448 Filed 7-9-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 141 (Wednesday, July 22, 2020)]
[Rules and Regulations]
[Pages 44186-44188]
[FR Doc No: 2020-15256]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 884, 888, and 890

[Docket No. FDA-2019-N-2686]

Medical Devices; Exemptions From Premarket Notification: Class II
Devices

AGENCY: Food and Drug Administration, HHS.

ACTION: Final amendment; final order.

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SUMMARY: The Food and Drug Administration (FDA or the Agency) is
publishing an order setting forth the Agency's final determination to
exempt a list of class II devices from premarket notification (510(k))
requirements, subject to certain limitations. This exemption from
510(k), subject to certain limitations, is immediately in effect for
the list of class II devices. The exemption will decrease regulatory
burdens on the medical device industry and will eliminate private costs
and expenditures required to comply with certain Federal regulations.
FDA is also amending the codified language for the list of class II
devices to reflect this final determination. FDA is publishing this
order in accordance with the Federal Food, Drug, and Cosmetic Act (FD&C
Act).

DATES: This order is effective July 22, 2020.

FOR FURTHER INFORMATION CONTACT: Jismi Johnson, Center for Devices and
Radiological Health, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg. 66, Rm. 1528, Silver Spring, MD 20993,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    Under section 510(k) of the FD&C Act (21 U.S.C. 360(k)) and its
implementing regulations in part 807, subpart E (21 CFR part 807,
subpart E), persons who propose to begin the introduction or delivery
for introduction into interstate commerce for commercial distribution
of a device intended for human use are required to submit a 510(k) to
FDA. The device may not be marketed until FDA finds it ``substantially
equivalent'' within the meaning of section 513(i) of the FD&C Act (21
U.S.C. 360c(i)) to a legally marketed device that does not require
premarket approval.
    On December 13, 2016, the 21st Century Cures Act (Cures Act) (Pub.
L. 114-255) was signed into law. Section 3054 of the Cures Act amended
section 510(m) of the FD&C Act. As amended, section 510(m)(2) of the
FD&C Act provides that, 1 calendar day after the date of publication of
the final list under section 510(m)(1)(B) of the FD&C Act,\1\ FDA may
exempt a class II device from the requirement to submit a report under
section 510(k) of the FD&C Act, upon its own initiative or a petition
of an interested person, if FDA determines that a 510(k) is not
necessary to provide reasonable assurance of the safety and
effectiveness of the device. This section requires FDA to publish in
the Federal Register a notice of intent to exempt a device, or of the
petition, and provide a 60-calendar-day comment period. Within 120 days
of publication of such notice, FDA shall publish an order in the
Federal Register that sets forth its final determination regarding the
exemption of the device that was the subject of the notice.
---------------------------------------------------------------------------

    \1\ FDA published the final list under section 510(m)(1)(B) of
the FD&C Act in the Federal Register of July 11, 2017 (82 FR 31976).
---------------------------------------------------------------------------

    In the Federal Register of October 25, 2019 (84 FR 57445), in
accordance with the amendments to section 510(m)(2) of the FD&C Act, on
its own initiative, FDA issued a notice of intent to exempt the
identified class II devices from premarket notification requirements
under section 510(k) of the FD&C Act, subject to certain limitations.
Having received no comments to the docket following a 60-day comment
period, FDA is issuing this order to set forth our final determination
to exempt the class II devices that were the subject of the notice.
Through this action, FDA is now amending the codified language for each
identified classification regulation to reflect our final
determinations for these class II exemptions.\2\
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    \2\ FDA notes that the ``ACTION'' caption for this final order
is styled as ``Final amendment; final order,'' rather than ``Final
order.'' Beginning in December 2019, this editorial change was made
to indicate that the document ``amends'' the Code of Federal
Regulations. The change was made in accordance with the Office of
Federal Register's (OFR) interpretations of the Federal Register Act
(44 U.S.C. chapter 15), its implementing regulations (1 CFR 5.9 and
parts 21 and 22), and the Document Drafting Handbook.
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II. Criteria for Exemption

    There are a number of factors FDA may consider to determine whether
a 510(k) is necessary to provide reasonable assurance of the safety and
effectiveness of a class II device. These factors are discussed in the
January 21, 1998, Federal Register notice (63 FR 3142) and subsequently
in the guidance we issued on February 19, 1998, entitled ``Procedures
for Class II Device Exemptions From Premarket Notification, Guidance
for Industry and

CDRH Staff'' (``Class II 510(k) Exemption Guidance''). That guidance
can be obtained through the internet at https://www.fda.gov/downloads/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/UCM080199.pdf or by sending an email request to<EMAIL_ADDRESS>to receive a copy of the document. Please use the
document number 159 to identify the guidance you are requesting.

III. Limitations on Exemptions

    FDA has determined that premarket notification is not necessary to
provide a reasonable assurance of safety and effectiveness of the class
II devices listed in table 1. This determination is based, in part, on
the Agency's knowledge of the device, including past experience and
relevant reports or studies on device performance (as appropriate), the
applicability of general and special controls, and the Agency's ability
to limit an exemption.

A. General Limitations of Exemptions

    FDA's exemption from premarket notification for the class II
devices listed in table 1 applies only to those devices that have
existing or reasonably foreseeable characteristics of commercially
distributed devices within that generic type. A manufacturer of a
listed device would still be required to submit a premarket
notification to FDA before introducing a device or delivering it for
introduction into commercial distribution when the device meets any of
the conditions described in 21 CFR 884.9, 888.9, and 890.9.

B. Partial Limitations of Exemptions

    In addition to the general limitations, FDA may also partially
limit an exemption from premarket notification requirements to specific
devices within a listed device type when an initial Agency assessment
determines that the factors laid out in the Class II 510(k) Exemption
Guidance do not weigh in favor of exemption for all devices in a
particular group. In such situations where a partial exemption
limitation has been identified, FDA has determined that premarket
notification is necessary to provide a reasonable assurance of safety
and effectiveness for these devices. In table 1, for example, FDA is
listing the exemption of the optical position/movement recording system
but limits the exemption to such devices that are for prescription use
only. FDA believes that premarket review (e.g., premarket notification)
of an optical position/movement recording system for over-the-counter
(OTC) use is necessary to ensure that the exercises and activities led
by the system are appropriate for a user's rehabilitation and to assess
the measurement accuracy of the system. Additionally, a therapeutic
massager to internally massage trigger points in the pelvic floor
musculature would exceed the exemption limitation and would require
510(k) review if it is indicated for OTC use, lacks a quantitative
feedback mechanism, or lacks a disposable covering.

IV. List of Class II Devices

    In this final order, FDA is identifying the following list of class
II devices that no longer require premarket notification under section
510(k) of the FD&C Act, subject to the general limitations to the
exemptions found in 21 CFR 884.9, 888.9, and 890.9 and any partial
exemption limitations identified in Table 1.
    FDA assigned new product codes to the device types that are exempt
subject to the partial limitations to ensure that these devices can be
separated from devices that do not fall within the partial exemption
limitation under the existing product code (i.e., exempt and non-exempt
devices within a device type now have distinct product codes).

                                            Table 1--Class II Devices
----------------------------------------------------------------------------------------------------------------
                                                                           Non-exempt        Partial exemption
         21 CFR section             Device type      Exempt  product      product code        limitation  (if
                                                           code           (non-exempt)          applicable)
----------------------------------------------------------------------------------------------------------------
884.6120.......................  Accessory,         QKH..............  MQG..............  Exemption is limited
                                  Assisted                                                 to assisted
                                  Reproduction.                                            reproduction laminar
                                                                                flow workstations.
884.6180.......................  Media,             QKI..............  MQL..............  Exemption is limited
                                  Reproductive.                                            to phosphate-buffered
                                                                                saline used for
                                                                                washing, and short-
                                                                                term handling and
                                                                                manipulation of
                                                                                gametes and embryos;
                                                                                culture oil used as
                                                                                an overlay for
                                                                                culture media
                                                                                containing gametes
                                                                                and embryos; and
                                                                                water for assisted
                                                                                reproduction
                                                                                applications.
888.4505.......................  Instruments        Not Applicable...  QBO..............  Not Applicable.
                                  Designed for
                                  Press-Fit
                                  Osteochondral
                                  implants.
890.5360 *.....................  Interactive        QKC..............  LXJ..............  Exemption is limited
                                  Rehabilitation                                           to prescription (Rx)
                                  Exercise Devices.                                        use only.
890.5670.......................  Massager,          QKD..............  OSD..............  Exemption is limited
                                  Therapeutic, to                                          to prescription (Rx)
                                  Internally                                               use only devices
                                  Massage Trigger                                          which incorporate a
                                  Points in the                                            quantitative feedback
                                  Pelvic Floor                                             mechanism and a
                                  Musculature.                                             disposable covering.
----------------------------------------------------------------------------------------------------------------
* FDA is revising the name of the device type under product code LXJ from ``System, Optical Position/Movement
  Recording'' to ``Interactive Rehabilitation Exercise Devices.''

    FDA is also revising the name of product code LXJ to further
clarify the device type that this product code is intended to
represent, identified with an asterisk in table 1. The device type was
previously ``System, Optical Position/Movement Recording.'' This
product code also includes types of rehabilitation devices other than
optical position/movement recording systems; therefore, to more
accurately reflect the devices which fall within this device type
(product code LXJ), the device type has been renamed ``Interactive
Rehabilitation Exercise Devices.'' The new product code, QKC, which
represents the class II exempt counterpart of LXJ and reflects the
partial exemption limited to prescription use, also reflects this name
change.

V. Analysis of Environmental Impact

    The Agency has determined under 21 CFR 25.30(h) that this action is
of a type that does not individually or cumulatively have a significant
effect on the human environment. Therefore,

neither an environmental assessment nor an environmental impact
statement is required.

VI. Paperwork Reduction Act of 1995

    FDA concludes that this final order contains no new collection of
information. Therefore, clearance by the Office of Management and
Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3521) is not required. This final order refers to previously approved
FDA collections of information. These collections of information are
subject to review by OMB under the PRA. The collections of information
in in 21 CFR part 807, subpart E, regarding premarket notification
submissions, have been approved under OMB control number 0910-0120; the
collections of information in 21 CFR parts 801 and 809, regarding
labeling, have been approved under OMB control number 0910-0485; and
the collections of information in part 820, regarding quality system
regulation, have been approved under OMB control number 0910-0073.

List of Subjects in 21 CFR Parts 884, 888, and 890

    Medical devices.

    Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs, 21 CFR parts
884, 888, and 890 are amended as follows:

PART 884--OBSTETRICAL AND GYNECOLOGICAL DEVICES

0
1. The authority citation for part 884 continues to read as follows:

    Authority: 21 U.S.C. 351, 360, 360c, 360e, 360j, 360l, 371.

0
2. In Sec.  884.6120, revise paragraph (b) to read as follows:

Sec.  884.6120  Assisted reproduction accessories.

* * * * *
    (b) Classification. Class II (special controls) (design
specifications, labeling requirements, and clinical testing). The
device, when it is a simple embryo incubator with only temperature,
gas, and humidity control; a syringe pump; a collection tube warmer; a
dish/plate/microscope stage warmer; a controlled-rate cryopreservation
freezer; or an assisted reproduction laminar flow workstation is exempt
from the premarket notification procedures in subpart E of part 807 of
this chapter subject to the limitations in Sec.  884.9.

0
3. In Sec.  884.6180, revise paragraph (b) to read as follows:

Sec.  884.6180   Reproductive media and supplements.

* * * * *
    (b) Classification. Class II (special controls) (mouse embryo assay
information, endotoxin testing, sterilization validation, design
specifications, labeling requirements, biocompatibility testing, and
clinical testing). The device, when it is phosphate-buffered saline
used for washing, and short-term handling and manipulation of gametes
and embryos; culture oil used as an overlay for culture media
containing gametes and embryos; and water for assisted reproduction
applications, is exempt from the premarket notification procedures in
subpart E of part 807 of this chapter subject to the limitations in
Sec.  884.9.

PART 888--ORTHOPEDIC DEVICES

0
4. The authority citation for part 888 continues to read as follows:

    Authority:  21 U.S.C. 351, 360, 360c, 360e, 360j, 360l, 371.

0
5. Amend Sec.  888.4505 by revising paragraph (b) introductory text to
read as follows:

Sec.  888.4505  Orthopedic surgical instrumentation designed for
osteochondral implants with press-fit fixation.

* * * * *
    (b) Classification. Class II (special controls). The device is
exempt from the premarket notification procedures in subpart E of part
807 of this chapter subject to the limitations in Sec.  888.9. The
special controls for this device are:
* * * * *

PART 890--PHYSICAL MEDICINE DEVICES

0
6. The authority citation for part 890 continues to read as follows:

    Authority:  21 U.S.C. 351, 360, 360c, 360e, 360j, 360l, 371.

0
7. In Sec.  890.5360, revise paragraph (b) to read as follows:

Sec.  890.5360   Measuring exercise equipment.

* * * * *
    (b) Classification. Class II (special controls). The device, when
it is a measuring exerciser or an interactive rehabilitation exercise
device for prescription use only, is exempt from the premarket
notification procedures in subpart E of part 807 of this chapter
subject to the limitations in Sec.  890.9.

0
8. Amend Sec.  890.5670 by revising paragraph (b) introductory text to
read as follows:

Sec.  890.5670  Internal therapeutic massager.

* * * * *
    (b) Classification. Class II (special controls). The device, when
it is for prescription use only with a quantitative feedback mechanism
and a disposable covering, is exempt from the premarket notification
procedures in subpart E of part 807 of this chapter subject to the
limitations in Sec.  890.9. The special controls for this device are:
* * * * *

    Dated: July 9, 2020.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2020-15256 Filed 7-21-20; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 78, Number 114 (Thursday, June 13, 2013)]
[Notices]
[Page 35638]
[FR Doc No: 2013-14080]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2013-0225]

Certificate of Alternative Compliance for the NOAA Research
Vessel FSV-6 RUBEN LASKER, 9664988

AGENCY: Coast Guard, DHS.

ACTION: Notice.

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SUMMARY: The Coast Guard announces that a Certificate of Alternative
Compliance was issued for the NOAA research vessel FSV-6 RUBEN LASKER
as required by 33 U.S.C. 1605(c) and 33 CFR 81.18.

DATES: The Certificate of Alternative Compliance was issued on December
20, 2012.

ADDRESSES: The docket for this notice is available for inspection or
copying at the Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. You may also find this
docket on the Internet by going to http://www.regulations.gov,
inserting USCG-2013-0225 in the ``SEARCH'' box, and then clicking
``Search.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call LT Steven Melvin, District Nine, Prevention Branch, U.S. Coast
Guard, telephone<PHONE_NUMBER>. If you have questions on viewing or
submitting material to the docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background and Purpose

    A Certificate of Alternative Compliance, as allowed for under 33
U.S.C. 1605(c) and 33 CFR 81.18, has been issued for the NOAA research
vessel FSV-6 RUBEN LASKER. The vessel's primary purpose is to conduct
oceanographic research around the world. The unique design of the
vessel did not lend itself to full compliance with Annex I of the
Inland Rules Act.
    The Commandant, U.S. Coast Guard, certifies that full compliance
with the Inland Rules Act would interfere with the special functions/
intent of the vessel and would not significantly enhance the safety of
the vessel's operation. Placing the special purpose fishing and stern
light in the required position would interfere with the vessel's
science and boat/davit operations.
    The Certificate of Alternative Compliance authorizes the NOAA
research vessel FSV-6 RUBEN LASKER to deviate from the requirements set
forth in Annex I of the Inland Rules Act by placing its special purpose
fishing lights on the main masthead at FR50 and the stern light at the
stern at FR100.
    This notice is issued under authority of 33 U.S.C. 1605(c), and 33
CFR 81.18.

    Dated: May 10, 2013.
S.E. Anderson,
Commander, U.S. Coast Guard, Acting Chief, Prevention Division, By
Direction of the Commander, Ninth Coast Guard District.
[FR Doc. 2013-14080 Filed 6-12-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 155 (Monday, August 12, 2013)]
[Notices]
[Pages 48886-48888]
[FR Doc No: 2013-19437]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2013-0002]

Changes in Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final Notice.

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

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

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

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

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final flood hazard determinations as shown in the
LOMRs for each community listed in the table below. Notice of these
modified flood

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

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                      Location and case    Chief executive officer       Community map                                        Community
         State and county                    No.                 of community              repository       Effective date of  modification      No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alabama:
    Jefferson (FEMA Docket No.: B-  City of Bessemer (12- The Honorable Kenneth E.   City Hall,             May 23, 2013...................       010115
     1308).                          04-6774P).            Gulley, Mayor, City of     Engineering
                                                           Bessemer, 1800 3rd         Department, 1800 3rd
                                                           Avenue North, Bessemer,    Avenue North,
                                                           AL 35020.                  Bessemer, AL 35020.
    Shelby (FEMA Docket No.: B-     City of Alabaster     The Honorable Marty        Building Safety        May 1, 2013....................       010192
     1298).                          (13-04-0812P).        Handlon, Mayor, City of    Department, 200
                                                           Alabaster, City Hall,      Depot Street,
                                                           201 1st Street North,      Alabaster, AL 35007.
                                                           Alabaster, AL 35007.
    Tuscaloosa (FEMA Docket No.: B- City of Tuscaloosa    The Honorable Walter       Engineering            May 10, 2013...................       010203
     1298).                          (12-04-4271P).        Maddox, Mayor, City of     Department, 2201
                                                           Tuscaloosa, 2201           University
                                                           University Boulevard,      Boulevard,
                                                           Tuscaloosa, AL 35401.      Tuscaloosa, AL 35401.
Arizona:
    Cochise (FEMA Docket No.: B-    City of Sierra Vista  The Honorable Rick         Planning and Zoning    May 20, 2013...................       040017
     1308).                          (12-09-2774P).        Mueller, Mayor, City of    Department, 1011
                                                           Sierra Vista, 1011 North   North Coronado
                                                           Coronado Drive, Sierra     Drive, Sierra Vista,
                                                           Vista, AZ 85635.           AZ 85635.
California:
    Contra Costa (FEMA Docket No.:  City of Pittsburg     The Honorable Ben          City Hall,             May 6, 2013....................       060033
     B-1314).                        (12-09-2983P).        Johnson, Mayor, City of    Engineering Records
                                                           Pittsburg, 65 Civic        Section, 65 Civic
                                                           Avenue, Pittsburg, CA      Avenue, Pittsburg,
                                                           94565.                     CA 94565.
    Riverside (FEMA Docket No.: B-  City of Corona (12-   The Honorable Jason        Public Works           May 3, 2013....................       060250
     1298).                          09-1650P).            Scott, Mayor, City of      Department, 400
                                                           Corona, 400 South          South Vicentia
                                                           Vicentia Avenue, Corona,   Avenue, Corona, CA
                                                           CA 92882.                  92882.
    Riverside (FEMA Docket No.: B-  City of Indian Wells  The Honorable Douglas H.   City Hall, 44-950      May 2, 2013....................       060254
     1298).                          (12-09-3142P).        Hanson, Mayor, City of     Eldorado Drive,
                                                           Indian Wells, 44-950       Indian Wells, CA
                                                           Eldorado Drive, Indian     92210.
                                                           Wells, CA 92210.
    Riverside (FEMA Docket No.: B-  City of Murrieta (12- The Honorable Rick Gibbs,  Public Works and       May 24, 2013...................       060751
     1308).                          09-0685P).            Mayor, City of Murrieta,   Engineering
                                                           24601 Jefferson Avenue,    Department, 26442
                                                           Murrieta, CA 92562.        Beckman County,
                                                                                Murrieta, CA 92562.
    Riverside (FEMA Docket No.: B-  City of Norco (12-09- The Honorable Kathy        City Hall, 2870 Clark  May 3, 2013....................       060256
     1298).                          1650P).               Azevedo, Mayor, City of    Avenue, Norco, CA
                                                           Norco, 2870 Clark          92860.
                                                           Avenue, Norco, CA 92860.
    Riverside (FEMA Docket No.: B-  City of Temecula (12- The Honorable Michael S.   City Hall, 43200       May 24, 2013...................       060742
     1308).                          09-0685P).            Naggar, Mayor, City of     Business Park Drive,
                                                           Temecula, 41000 Main       Temecula, CA 92590.
                                                           Street, Temecula, CA
                                                           92590.
    San Bernardino (FEMA Docket     City of Victorville   The Honorable Jim Cox,     City Hall, Planning    May 3, 2013....................       065068
     No.: B-1298).                   (12-09-2880P).        Mayor, City of             Department, 14343
                                                           Victorville, P.O. Box      Civic Drive,
                                                           5001, Victorville, CA      Victorville, CA
                                                           92393.                     92393.
    Santa Clara (FEMA Docket No.:   City of Milpitas (13- The Honorable Jose         Engineering Division,  May 24, 2013...................       060344
     B-1308).                        09-0070P).            Esteves, Mayor, City of    455 East Calaveras
                                                           Milpitas, 455 East         Boulevard, Milpitas,
                                                           Calaveras Boulevard,       CA 95035.
                                                           Milpitas, CA 95035.
Colorado:
    Jefferson (FEMA Docket No.: B-  Unincorporated areas  The Honorable Donald       Jefferson County       June 28, 2013..................       080087
     1314).                          Jefferson County      Rosier, Chairman,          Department of
                                     (12-08-0863P).        Jefferson County Board     Planning and Zoning,
                                                           of Commissioners, 100      100 Jefferson County
                                                           Jefferson County           Parkway, Golden, CO
                                                           Parkway, Golden, CO        80419.
                                                           80419.
    Larimer (FEMA Docket No.: B-    City of Fort Collins  The Honorable Karen        Stormwater Utilities   February 28, 2013..............       080102
     1286).                          (12-08-0677P).        Weitkunat, Mayor, City     Department, 700 Wood
                                                           of Fort Collins, P.O.      Street, Fort
                                                           Box 580, Fort Collins,     Collins, CO 80521.
                                                           CO 80521.
    Larimer (FEMA Docket No.: B-    Unincorporated areas  The Honorable Lew Gaiter   Larimer County         February 28, 2013..............       080101
     1286).                          of Larimer County     III, Chairman, Larimer     Engineering
                                     (12-08-0677P).        County Board of            Department, 200 West
                                                           Commissioners, P.O. Box    Oak Street, Fort
                                                           1190, Fort Collins, CO     Collins, CO 80521.
                                                           80522.
    Mesa (FEMA Docket No.: B-1298)  Unincorporated areas  The Honorable Craig J.     Mesa County Combined   May 2, 2013....................       080115
                                     of Mesa County (12-   Meis, Chairman, Mesa       Services Department,
                                     08-0541P).            County Board of            200 South Spruce
                                                           Commissioners, P.O. Box    Street, Grand
                                                           20000, Grand Junction,     Junction, CO 81501.
                                                           CO 81502.

    Weld (FEMA Docket No.: B-1308)  Unincorporated areas  The Honorable Sean         Weld County Public     May 3, 2013....................       080266
                                     of Weld County (12-   Conway, Chairman, Weld     Works Department,
                                     08-0745P).            County Board of            1111 H Street,
                                                           Commissioners, P.O. Box    Greeley, CO 80632.
                                                           758, Greeley, CO 80632.
Florida:
    Alachua (FEMA Docket No.: B-    City of Gainesville   The Honorable Craig Lowe,  Public Works           May 24, 2013...................       125107
     1308).                          (12-04-7870P).        Mayor, City of             Department, 306
                                                           Gainesville, 200 East      Northeast 6th
                                                           University Avenue,         Avenue, Gainesville,
                                                           Gainesville, FL 32601.     FL 32601.
    Collier (FEMA Docket No.: B-    City of Marco Island  The Honorable Joseph R.    Planning Department,   May 3, 2013....................       120426
     1298).                          (12-04-5498P).        Batte, Chairman, Marco     50 Bald Eagle Drive,
                                                           Island City Council, 50    Marco Island, FL
                                                           Bald Eagle Drive, Marco    34145.
                                                           Island, FL 34145.
    Lee (FEMA Docket No.: B-1298).  Unincorporated areas  The Honorable Cecil L.     Lee County Community   May 3, 2013....................       125124
                                     of Lee County (12-    Pendergrass, Chairman,     Development
                                     04-7939P).            Lee County Board of        Department, 1500
                                                           Commissioners, P.O. Box    Monroe Street, 2nd
                                                           398, Fort Myers, FL        Floor, Fort Myers,
                                                           33902.                     FL 33901.
    Orange (FEMA Docket No.: B-     City of Orlando (12-  The Honorable Buddy Dyer,  Permitting Services    May 3, 2013....................       120186
     1298).                          04-4951P).            Mayor, City of Orlando,    Department, 400
                                                           P.O. Box 4990, Orlando,    South Orange Avenue,
                                                           FL 32808.                  Orlando, FL 32801.
    Orange (FEMA Docket No.: B-     City of Orlando (13-  The Honorable Buddy Dyer,  Permitting Services    May 24, 2013...................       120186
     1308).                          04-0278P).            Mayor, City of Orlando,    Department, 400
                                                           P.O. Box 4990, Orlando,    South Orange Avenue,
                                                           FL 32808.                  Orlando, FL 32801.
Georgia:
    Hall (FEMA Docket No.: B-1308)  Town of Braselton     The Honorable Bill Orr,    Town Hall, 4982        May 20, 2013...................       130343
                                     (12-04-5040P).        Mayor, Town of             Highway 53,
                                                           Braselton, P.O. Box 306,   Braselton, GA 30517.
                                                           Braselton, GA 30517.
    Hall (FEMA Docket No.: B-1308)  Unincorporated areas  The Honorable Tom Oliver,  Hall County            May 20, 2013...................       130466
                                     of Hall County (12-   Chairman, Hall County      Engineering
                                     04-5040P).            Board of Commissioners,    Department, 300
                                                           P.O. Drawer 1435,          Green Street,
                                                           Gainesville, GA 30503.     Gainesville, GA
                                                                                30503.
Iowa:
    Dubuque (FEMA Docket No.: B-    City of Dubuque (12-  The Honorable Roy D.       City Hall, 50 West     May 31, 2013...................       195180
     1308).                          07-2232P).            Buol, Mayor, City of       13th Street,
                                                           Dubuque, 50 West 13th      Dubuque, IA 52001.
                                                           Street, Dubuque, IA
                                                           52001.
Kentucky:
    Anderson (FEMA Docket No.: B-   City of Lawrenceburg  The Honorable Edwinna      Codes Enforcement      May 8, 2013....................       210003
     1298).                          (12-04-1822P).        Baker, Mayor, City of      Department, 100
                                                           Lawrenceburg, P.O. Box     North Main Street,
                                                           290, Lawrenceburg, KY      Lawrenceburg, KY
                                                           40342.                     40342.
South Carolina:
    Anderson (FEMA Docket No.: B-   Unincorporated areas  The Honorable Thomas F.    Anderson County        May 10, 2013...................       450013
     1308).                          of Anderson County    Allen, Chairman,           Courthouse, 101
                                     (11-04-7512P).        Anderson County Council,   South Main Street,
                                                           P.O. Box 8002, Anderson,   Anderson, SC 29624.
                                                           SC 29622.
Tennessee:
    Cocke (FEMA Docket No.: B-      City of Newport (13-  The Honorable Connie       Planning and Zoning    May 31, 2013...................       475440
     1308).                          04-0214P).            Ball, Mayor, City of       Department, 300 East
                                                           Newport, 300 East Main     Main Street,
                                                           Street, Newport, TN        Newport, TN 37821.
                                                           37821.
    Cocke (FEMA Docket No.: B-      Unincorporated areas  The Honorable Vaughn       Cocke County Property  May 31, 2013...................       470033
     1308).                          of Cocke County (13-  Moore, Mayor, Cocke        Assessor's Office,
                                     04-0214P).            County, 360 East Main      360 East Main
                                                           Street, Newport, TN        Street, Newport, TN
                                                           37821.                     37821.
--------------------------------------------------------------------------------------------------------------------------------------------------------

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

    Dated: July 26, 2013.
Roy Wright,
Deputy Associate Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2013-19437 Filed 8-9-13; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register: December 11, 2009 (Volume 74, Number 237)]
[Rules and Regulations]
[Page 65696]
[DOCID:fr11de09-11]

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

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Part 172

[Docket No. PHMSA-2009-0238 (HM-224G)]
RIN 2137-AE49

Hazardous Materials: Chemical Oxygen Generators

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA).

ACTION: Final rule; confirmation of effective date.

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

SUMMARY: PHMSA is confirming the effective date of its direct final
rule, published under Docket No. PHMSA-2009-0238 (HM-224G) on October
15, 2009, to amend the Hazardous Materials Regulations by revising the
quantity limitation from 25 kg ``gross'' to 25 kg ``net'' for packages
of chemical oxygen generators transported aboard cargo aircraft only.
The direct final rule stated that it would become effective on November
16, 2009 unless an adverse comment or notice of intent to file an
adverse comment was received by November 16, 2009. PHMSA did not
receive any adverse comments or notice of intent to file an adverse
comment to its October 15, 2009 direct final rule.

DATES: The November 16, 2009 effective date of the direct final rule
published on October 15, 2009 (74 FR 52896), is confirmed.

FOR FURTHER INFORMATION CONTACT: T. Glenn Foster,<PHONE_NUMBER>, U.S.
Department of Transportation, Pipeline and Hazardous Materials Safety
Administration, Office of Hazardous Materials Standards, 1200 New
Jersey Avenue, SE., Washington, DC 20590.

SUPPLEMENTARY INFORMATION:
    On January 31, 2007, PHMSA issued a final rule under Docket No.
RSPA-04-17664 (HM-224B) to enhance the safety standards for
transportation by air of compressed oxygen, other oxidizing gases, and
chemical oxygen generators (72 FR 4442). Specifically, the final rule
amended the HMR to require cylinders of compressed oxygen and chemical
oxygen generators to be transported in an outer packaging that: (1)
Meets the same flame penetration resistance standards as required for
cargo compartment sidewalls and ceiling panels in transport category
airplanes; and (2) provides certain thermal protection capabilities so
as to retain its contents during an otherwise controllable cargo
compartment fire.
    In response to a petition, PHMSA determined it was necessary to
revise the quantity limitation for packages of chemical oxygen
generators transported aboard cargo aircraft only from 25 kilograms
``gross'' to 25 kilograms ``net,'' and published a direct final rule in
the Federal Register on October 15, 2009.
    PHMSA stated in the direct final rule that it would consider as
adverse comments only those comments that explain why a rule would be
inappropriate, or would be ineffective or unacceptable without a
change. PHMSA did not receive an adverse comment or notice of intent to
file an adverse comment in response to the direct final rule. In this
present notice, PHMSA is confirming that the effective date for the
October 15, 2009 direct final rule is November 16, 2009.

List of Subjects in 49 CFR Part 172

    Education, Hazardous materials transportation, Hazardous waste,
Labeling, Markings, Packaging and containers, Reporting and
recordkeeping requirements.

    Issued in Washington, DC, on December 7, 2009 under authority
delegated in 49 CFR part 106.
Cynthia L. Quarterman,
Administrator.
[FR Doc. E9-29522 Filed 12-10-09; 8:45 am]

BILLING CODE 4910-60-P


MEMORANDUM

TO:  Docket EPA-HQ-OAR-2005-0161

FROM:  Scott Christian, Environmental Engineer, OAR/OTAQ/CISD

SUBJECT:  Meeting notes for cellulosic biofuel waiver credits discussion

DATE:  November 30, 2009

Location: EPA offices

Attendees:

In person							On phone

John Weihrauch, EPA						David Korotney, EPA

Scott Christian, EPA						Paul Argyropoulos, EPA

Pascal Dedjinou, EPA						Jim Redding, Renewable Fuels Assn

Karl Simon, EPA

Samantha Slater, Renewable Fuels Assn

Loula Merkel, Coskata

Amy Ehlers, BIO

Chris Hessler, representing Iogen

We discussed the invitees comments that were provided to the docket on the cellulosic biofuel waiver credits provision.


[Federal Register Volume 77, Number 206 (Wednesday, October 24, 2012)]
[Notices]
[Pages 64973-64974]
[FR Doc No: 2012-26133]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14367-001]

 Don W. Gilbert Hydro Power, LLC; Notice of Application Accepted
for Filing With the Commission; Intent To Waive Scoping; Soliciting
Motions To Intervene and Protests; Ready for Environmental Analysis;
and Soliciting Comments, Terms and Conditions, Recommendations, and
Prescriptions

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Original Minor License.
    b. Project No.: 14367-001.
    c. Date filed: May 30, 2012.
    d. Applicant: Don W. Gilbert Hydro Power, LLC.
    e. Name of Project: Gilbert Hydroelectric Project.
    f. Location: The project would utilize unnamed springs near the
Bear River, eight miles southwest of Grace, Caribou County, Idaho. The
project would not occupy any federal lands.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
(2006).
    h. Applicant Contact: Don W. Gilbert and DeAnn G. Somonich, Don W.
Gilbert Hydro Power, LLC, 1805 Grace Power Plant Road, Grace, Idaho
83241. Phone:<PHONE_NUMBER>.
    i. FERC Contact: Kelly Wolcott,<PHONE_NUMBER> or
<EMAIL_ADDRESS>    j. Deadline for filing motions to intervene and protests, requests
for cooperating agency status, comments, terms and conditions,
recommendations, and prescriptions: 60 days from the issuance date of
this notice; reply comments are due 105 days from the issuance date of
this notice.
    All documents may be filed electronically via the Internet. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit
brief comments up to 6,000 characters, without prior registration,
using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the
end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>or toll free at 1-866-208-3676,
or for TTY,<PHONE_NUMBER>. Although the Commission strongly encourages
electronic filing, documents may also be paper-filed. To paper-file,
mail an original and seven copies to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426.
    The Commission's Rules of Practice require all intervenors filing
documents with the Commission to serve a copy of that document on each
person on the official service list for the project. Further, if an
intervenor files comments or documents with the Commission relating to
the merits of an issue that may affect the responsibilities of a
particular resource agency, they must also serve a copy of the document
on that resource agency.
    k. This application has been accepted for filing and is now ready
for environmental analysis.
    l. The Gilbert Project would consist of the following new features:
(1) A 8-foot-long, 3-foot-wide, 3-foot-deep drop inlet structure; (2) a
2-foot-diameter, 700-foot-long partially buried steel or plastic
penstock; (3) a powerhouse containing two 45-kilowatt (kW) turbine/
generator units for a total installed capacity of 90 kW; (4) a tailrace
to convey flows from the powerhouse to the Bear River; (5) a 150-foot-
long, 480-kilovolt transmission line; and (6) appurtenant facilities.
The project is estimated to generate an average of 550 megawatthours
annually. The project would be located on lands owned by the applicant.
    m. Due to the applicant's close coordination with federal and state
agencies during the preparation of the application, completed studies,
and agency comments, we intend to waive scoping. Based on a review of
the application, resource agency consultation letters, and comments
filed to date, Commission staff intends to prepare a single
environmental assessment (EA). Commission staff determined that the
issues that need to be addressed in its EA have been adequately
identified during the pre-filing period, which included a public
meeting and site visit, and no new issues are likely to be identified
through additional scoping. The EA will consider assessing the
potential effects of project construction and operation on geology and
soils, aquatic, terrestrial, threatened and endangered species, and
cultural and historic resources.
    n. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's Web site at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, contact
FERC Online Support. A copy is also available for inspection and
reproduction at the address in item h above.
    Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    o. Any qualified applicant desiring to file a competing application
must submit to the Commission, on or before the specified intervention
deadline date, a competing development application, or a notice of
intent to file such an application. Submission of a timely notice of
intent allows an interested person to file the competing development
application no later than 120 days after the specified intervention
deadline date. Applications for preliminary permits will not be
accepted in response to this notice.
    A notice of intent must specify the exact name, business address,
and telephone number of the prospective applicant, and must include an

unequivocal statement of intent to submit a development application. A
notice of intent must be served on the applicant(s) named in this
public notice.
    Anyone may submit comments, a protest, or a motion to intervene in
accordance with the requirements of Rules of Practice and Procedure, 18
CFR 385.210, .211, and .214. In determining the appropriate action to
take, the Commission will consider all protests or other comments
filed, but only those who file a motion to intervene in accordance with
the Commission's Rules may become a party to the proceeding. Any
comments, protests, or motions to intervene must be received on or
before the specified comment date for the particular application.
    All filings must (1) Bear in all capital letters the title
``PROTEST'', ``MOTION TO INTERVENE'', ``NOTICE OF INTENT TO FILE
COMPETING APPLICATION,'' ``COMPETING APPLICATION,'' ``COMMENTS,''
``REPLY COMMENTS,'' ``RECOMMENDATIONS,'' ``TERMS AND CONDITIONS,'' or
``PRESCRIPTIONS;'' (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person protesting or intervening; and (4) otherwise comply with the
requirements of 18 CFR 385.2001 through 385.2005. All comments,
recommendations, terms and conditions or prescriptions must set forth
their evidentiary basis and otherwise comply with the requirements of
18 CFR 4.34(b). Agencies may obtain copies of the application directly
from the applicant. A copy of any protest or motion to intervene must
be served upon each representative of the applicant specified in the
particular application. A copy of all other filings in reference to
this application must be accompanied by proof of service on all persons
listed in the service list prepared by the Commission in this
proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.
    o. A license applicant must file no later than 60 days following
the date of issuance of this notice: (1) A copy of the water quality
certification; (2) a copy of the request for certification, including
proof of the date on which the certifying agency received the request;
or (3) evidence of waiver of water quality certification.
    p. Procedural schedule: We intend to accept the consultation that
has occurred on this project during the pre-filing period as satisfying
our requirements for the standard three-stage consultation process
under 18 CFR 4.38 and for the National Environmental Policy Act scoping
and the application will be processed according to the following
procedural schedule. Revisions to the schedule may be made as
appropriate.

------------------------------------------------------------------------
              Milestone                           Target date
------------------------------------------------------------------------
Comments, recommendations, and terms   December 17, 2012.
 and conditions due.
Reply comments due...................  January 30, 2013.
Notice of the availability of the EA.  April 15, 2013.
------------------------------------------------------------------------

    Dated: October 17, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-26133 Filed 10-23-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 64 (Wednesday, April 5, 2017)]
[Notices]
[Pages 16655-16656]
[FR Doc No: 2017-06755]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent To Rule on Request To Release Airport Property
at the Sweetwater Municipal Airport in Sweetwater, Texas; Correction

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of request to release airport property; correction.

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

SUMMARY: The FAA published a document in the Federal Register on March
15, 2017, concerning the release of airport property at the South Texas
Regional Airport in Hondo, Texas. The document contained the incorrect
airport in the subject heading.

FOR FURTHER INFORMATION CONTACT: Anthony Mekhail,<PHONE_NUMBER>.

Correction

    In the Federal Register of March 15, 2017, in FR Doc. 2017-05018,
make the following corrections:
    1. On page 13918, in the second column, the subject heading is
corrected to ``Notice of Intent to Rule on Request to Release Airport
Property at Sweetwater Municipal Airport in Sweetwater, Texas,'' as set
out in the subject heading of this document.
    2. On page 13918, in the third column, in the first sentence of the
SUPPLEMENTARY INFORMATION section, the phrase ``South Texas Regional
Airport at Hondo'' is corrected to ``Sweetwater Municipal Airport in
Sweetwater.''

    Issued in Fort Worth, Texas, on March 22, 2017.
Ignacio Flores,
Director, Airports Division.
[FR Doc. 2017-06755 Filed 4-4-17; 8:45 am]
BILLING CODE 4910-13-P


Internet Daemon Owner<EMAIL_ADDRESS> 05/31/2005 03:05 PM	To

James Michael/DC/USEPA/US@EPA, GailAnn Cooper/DC/USEPA/US@EPA

cc

bcc

Subject

(150150504) F019 Comment Submission

11a. Mr.

12. Last Name

Strieter

13. First Name

Robert

14. Job Title

VP - EHS

15. Organization

The Aluminum Association

16. Address

900 19th St., NW

17. City

Washington

18. State

DC

19. Zip Code

20006

20. Telephone

202 862-5132

21. Fax

22. E-mail

<EMAIL_ADDRESS> 23. Question/Comments

Under EPAÆs current interpretation of the F019 listing, merely using

aluminum on a car body changes the regulatory status of the auto plantÆs

wastewater sludge from non-RCRA regulated to F019. This continues to be

barrier to using aluminum in automobiles, has slowed lightweighting of

automobiles built in the U.S. The Aluminum Association supports EPAÆs

initiative to revise the RCRA hazardous waste listing under F019 for

aluminum conversion coating to fix this problem.  However, the Association

has concerns about how EPA is approaching the revision. The data collected

by EPA show that zinc phosphate conversion coating sludges from auto

assembly plants do not contain hazardous constituents at levels of

concern, regardless of whether aluminum was used on the automobile body.

EPA should proceed to propose and finalize rulemaking as expeditiously as

possible to exclude zinc phosphate based auto assembly plant conversion

coating processes from the scope of the F019 listing.

Currently EPA has an exhaustive listing of 55 substances in the support

materials to evaluate for this listing change.  We believe that EPA has

the information necessary without further extensive evaluation to proceed

with the listing change based on the information from the previous 12

assembly plant delistings and subsequent F019 sludge test data.  It is

curious that EPA is still investigating the large listing of substances

included in the supporting materials when only about a dozen or so of the

compounds from the comprehensive list have been earmarked for further

testing in the previous F019 plant delistings that have been granted.

Indeed, based on discussions with the Alliance for Automobile

Manufacturers, a significant number of the substances included in the

support materials are reported at non-detectable levels.  Moreover, all

delisted facilities have since demonstrated amply that all of the

compounds included on the current supporting list of substances are of no!

hazardous waste concern for the zinc phosphate aluminum conversion

coating process.

EPA should rely on the demonstrated performance of the previous plant

delistings which prove that the zinc phosphate based conversion coating

process meets all criteria for exclusion as hazardous wastes.  No

hazardous constituent levels of concern have been found in any of the

plant delistings and waste sludges associated with zinc phosphate

conversion coating.  In our view, no further testing or demonstration is

necessary for EPA to conclude that an F019 listing exclusion is justified

for auto assembly plant zinc phosphate-based conversion coating

processes.   Based on the enormous data set provided in the record, EPA

should proposed and finalize modification to the F019 listing that

excludes from F019 auto assembly plant zinc phophating conversion coating

and not require additional testing as a condition of the exclusion.

Host Environment

HTTP_USER_AGENT

submit

Send Question or Comment

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

WARNING NOTICE

This electronic mail originated from a federal government

computer system of the United States Environmental

Protection Agency (EPA).  Unauthorized access or use

of this EPA system may subject violators to criminal,

civil and/or administrative action.  For official

purposes, law enforcement and other authorized personnel

may monitor, record, read, copy and disclose all

information which an EPA system processes.  Any person's

access or use, authorized and unauthorized, of this EPA

system to send electronic mail constitutes consent to these

terms.

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

This information is for tracking purposes only.

Submitting script: /cgi-bin/mail.cgi

Submitting host: <IP_ADDRESS> (<IP_ADDRESS>)

Browser: Mozilla/4.0 (compatible; MSIE 6.0; Windows NT 5.0)

Referred: http://www.epa.gov/epaoswer/hazwaste/id/f019/f019-form.htm

TSSMS: epaoswer

Mail to File: f019.txt

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


[Federal Register Volume 83, Number 108 (Tuesday, June 5, 2018)]
[Rules and Regulations]
[Pages 25905-25907]
[FR Doc No: 2018-11858]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2017-0618; Airspace Docket No. 17-ASW-9]
RIN 2120-AA66

Establishment of Class D Airspace; Burns Flat, OK; Revocation of
Class D Airspace; Clinton-Sherman Airport, OK; and Amendment of Class E
Airspace for the Following Oklahoma Towns: Burns Flat, OK; Clinton, OK;
and Elk City, OK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class D airspace at Clinton-Sherman
Airport, Burns Flat, OK; removes Class D airspace at Clinton-Sherman
Airport, Clinton-Sherman Airport, OK; and amends Class E airspace
extending upward from 700 feet above the surface at Clinton-Sherman
Airport, Burns Flat, OK; Clinton Municipal Airport, Clinton, OK; and
Elk City Regional Business Airport, Elk City, OK. This action is due to
the decommissioning of the Sayre co-located VHF omnidirectional range
and tactical air navigation (VORTAC) facility, which provided
navigation guidance for the instrument procedures to these airports.
The VORTAC is being decommissioned as part of the VHF omnidirectional
range (VOR) Minimum Operational Network (MON) Program.

DATES: Effective 0901 UTC, September 13, 2018. The Director of the
Federal Register approves this incorporation by reference action under
Title 1, Code of Federal Regulations, part 51, subject to the annual
revision of FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11B, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11B at NARA, call<PHONE_NUMBER>, or go
to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in 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 establishes Class D airspace at Clinton-Sherman Airport, Burns
Flat, OK; removes Class D airspace at Clinton-Sherman Airport, Clinton-
Sherman Airport, OK; and amends Class E airspace extending upward from
700 feet above the surface at Clinton-Sherman Airport, Burns Flat, OK;
Clinton Municipal Airport, Clinton, OK; and Elk City Regional Business
Airport, Elk City, OK, to support the management of instrument flight
rule (IFR) operations at these airports.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (82 FR 40078; August 24, 2017) for Docket No. FAA-2017-0618 to
establish Class D airspace at Clinton-Sherman Airport, Burns Flat, OK;
remove Class D airspace at Clinton-Sherman Airport, Clinton-Sherman
Airport, OK; and amend Class E airspace extending upward from 700 feet
above the surface at Clinton-Sherman Airport, Burns Flat, OK; Clinton
Municipal Airport, Clinton, OK; and Elk City Regional Business Airport,
Elk City, OK. 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 D and E airspace designations are published in paragraphs
5000 and 6005, respectively, of FAA Order 7400.11B, dated August 3,
2017, and effective September 15, 2017, which is incorporated by
reference in 14 CFR 71.1. The Class D and E airspace designations
listed in this document will be published subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11B, Airspace Designations and
Reporting Points, dated August 3, 2017, and effective September 15,
2017. FAA Order 7400.11B is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11B lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71:
    Establishes Class D airspace within a 4.7-mile radius of Clinton-
Sherman Airport, Burns Flat, OK, to replace the airspace designation of
Clinton-Sherman Airport, Clinton-Sherman Airport, OK, and bring the
airspace legal descriptions in line with the requirements of FAA Order
7400.2L, Procedures for Handling Airspace Matters;
    Removes Class D airspace at Clinton-Sherman Airport, Clinton-
Sherman Airport, OK; and
    Modifies Class E airspace extending upward from 700 feet above the
surface as follows:
    Within a 7.2-mile radius (reduced from an 8.2-mile radius) of
Clinton-Sherman Airport, Burns Flat, OK, and removes the Burns Flat
VORTAC and extensions to the south and north of the airport from the
airspace legal description;
    Correcting the airspace header to Clinton, OK, (formerly Clinton
Municipal Airport, OK) to comply with FAA Order 7400.2L, removes the
extension south of Clinton Regional Airport (formerly Clinton Municipal
Airport), adds an extension 2 miles each side of the 359[deg] bearing
from the airport from the 6.5-mile radius to 7 miles north of the
airport, and updates the name of the airport to coincide with the FAA's
aeronautical database; and
    Within a 6.5-mile radius (increased from a 6.4-mile radius) of Elk
City Regional Business Airport (formerly Elk City Municipal Airport),
Elk City, OK, removes the extension to the northeast of the airport,
removes the Elk City RBN from the airspace legal description, and
updates the name and geographic coordinates of the airport to coincide
with the FAA's aeronautical database.
    Airspace reconfiguration is necessary due to the decommissioning of
the Sayre VORTAC as part of the VOR MON Program, and to bring the
airspace and airspace descriptions into compliance with FAA Order
7400.2L. Controlled airspace is necessary for the safety and management
of standard instrument approach procedures for IFR operations at these
airports.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5.a. This airspace action is not expected
to cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

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

0
1. The authority citation for part 71 continues to read as follows:

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11B,
Airspace Designations and Reporting Points, dated August 3, 2017, and
effective September 15, 2017, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ASW OK D Burns Flat, OK [New]

Clinton-Sherman Airport, OK
    (Lat. 35[deg]20'23'' N, long. 99[deg]12'02'' W)

    That airspace extending upward from the surface to and including
4,500 feet within a 4.7-mile radius of Clinton-Sherman Airport. This
Class D airspace area is effective during the specific dates and
times established in advance by a Notice to Airmen. The effective
date and time will thereafter be continuously published in the Chart
Supplement.
* * * * *

ASW OK D Clinton-Sherman Airport, OK [Removed]

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ASW OK E5 Burns Flat, OK [Amended]

Clinton-Sherman Airport, OK
    (Lat. 35[deg]20'23'' N, long. 99[deg]12'02'' W)

    That airspace extending upward from 700 feet above the surface
within a 7.2-mile radius of Clinton-Sherman Airport.
* * * * *

ASW OK E5 Clinton, OK [Amended]

Clinton Regional Airport, OK
    (Lat. 35[deg]32'18'' N, long. 98[deg]55'58'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of Clinton Regional Airport, and within 2.0
miles each side of the 359[deg] bearing from the airport extending
from the 6.5-mile radius to 7.0 miles north of the airport.
* * * * *

ASW OK E5 Elk City, OK [Amended]

Elk City Regional Business Airport, OK
    (Lat. 35[deg]25'51'' N, long. 99[deg]23'39''W)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of Elk City Regional Business Airport.

    Issued in Fort Worth, Texas, on May 24, 2018.
Christopher L. Southerland,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2018-11858 Filed 6-4-18; 8:45 am]
 BILLING CODE 4910-13-P


Alternative Definitions of MSDs

Work-related musculoskeletal disorders (WMSDs) have been studied for
several years, and different terminology has been used to describe this
broad class of occupational injuries and illnesses. Among others, the
following terms were applied: cumulative trauma disorder (CTD),
repetitive motion injury (RMI), repetitive strain injury (RSI),
occupational overuse syndrome (OOS), occupational cervicobrachial
disease (OCD), occupational overexertion syndrome (OES), and ergonomics
injury.  Similarly, multiple definitions of WMSD have been used for
specific purposes by different organizations, and these definitions
varied even within organizations.

However, all of these definitions had a common goal, to aggregate a
broad class of injuries and illnesses into a single category for the
purpose of assessment of injury and illness related to work exposure to
ergonomic risk factors. Most of the definitions used the general
description and the examples of specific types of injuries and illnesses
were often added to delineate MSDs from other types of disorders.

OSHA has identified a number of definitions that have been used for
various purposes by different organizations and agencies:

American National Standard, ANSI/ASSE A10.40-2007; Reduction of
Musculoskeletal Problems in Construction; American National Standard for
Construction and Demolition Operations.

“Musculoskeletal Problems. Musculoskeletal Problems include injuries
to the muscle, tendons, sheath, nerve, bursa, blood vessel, bone, joint,
or ligament and musculoskeletal pain or swelling, and also where there
may not be any obvious evidence of injury, and where occupational
exposure is clearly identified. The injuries include, but are not
limited to:

Muscular

Carpal Tunnel Syndrome

Thoracic Outlet

Tenosynovitis

Myalgia

Double Crush Syndrome

Reynaud’s

De Quervains

Strains

Cubital Tunnel Syndrome

Connective Tissue

Brusitis

Spasms

Sciatica

Disc Damage

Neurological

Vascular

Tendonitis

Back”

****

NIOSH Elements of Ergonomics Programs. A Primer Based on Workplace
Evaluations of Musculoskeletal Disorders. U.S. Department of Health and
Human Services, Public Health Service, Center for Disease Control and
Prevention, National Institute for Occupational Safety and Health, 1997

Although definitions vary, the general term "musculoskeletal disorders"
describes the following:

Disorders of the muscles, nerves, tendons, ligaments, joints, cartilage,
or spinal discs

Disorders that are not typically the result of any instantaneous or
acute event (such as a slip, trip, or fall) but reflect a more gradual
or chronic development (nevertheless, acute events such as slips and
trips are very common causes of musculoskeletal problems such as low
back pain)

Disorders diagnosed by a medical history, physical examination, or other
medical tests that can range in severity from mild and intermittent to
debilitating and chronic

Disorders with several distinct features (such as carpal tunnel
syndrome) as well as disorders defined primarily by the location of the
pain (i.e., low back pain)

The term "WMSDs" refers to (1) musculoskeletal disorders to which the
work environment and the performance of work contribute significantly,
or (2) musculoskeletal disorders that are made worse or longer lasting
by work conditions. These workplace risk factors, along with personal
characteristics (e.g., physical limitations or existing health problems)
and societal factors, are thought to contribute to the development of
WMSDs [Armstrong et al. 1993]. They also reduce worker productivity or
cause worker dissatisfaction. Common examples are jobs requiring
repetitive, forceful, or prolonged exertions of the hands; frequent or
heavy lifting, pushing, pulling, or carrying of heavy objects; and
prolonged awkward postures. Vibration and cold may add risk to these
work conditions. Jobs or working conditions presenting multiple risk
factors will have a higher probability of causing a musculoskeletal
problem. The level of risk depends on the intensity, frequency, and
duration of the exposure to these conditions and the individual’s
capacity to meet the force or other job demands that might be involved.
These conditions are more correctly called "ergonomic risk factors for
musculoskeletal disorders" rather than "ergonomic hazards" or "ergonomic
problems." But like the term "safety hazard," these terms have popular
acceptance.

Musculoskeletal disorders (MSDs) are a group of injuries that affect one
or more parts of the musculoskeletal system such as muscles, tendons,
joints, cartilage, spinal discs, ligaments, and nerves.  Common
injuries associated with MSDs include sprains and strains of the back,
neck, shoulders, wrists and fingers.  MSDs can cause temporary or
permanent disability and typically develop from overexertion or
gradually over time.  [Sources: NIOSH, 1997; Cal/OSHA, 1999]    MSDs
are also known as repetitive strain injuries, cumulative or repeated
trauma disorders, repetitive motion injuries, and professional overuse
syndromes. [Sources: Cal/OSHA, 1999; NOHSC, 1996]  Work-related MSDs
may occur in tasks with activities that overexert the body, for example
when lifting residents in a nursing home, cutting wire bands from
bundles, or frequently clicking a computer mouse.

					***

The World Health Organization - definition of MSD:

“The term musculoskeletal disorders denotes health problems of the
locomotor apparatus, i.e. of muscles, tendons, the skeleton, cartilage,
ligaments and nerves. Musculoskeletal disorders include all forms of
ill-health ranging from light, transitory disorders to irreversible,
disabling injuries.”

(Protecting Workers’ Health Series No.5; Preventing musculoskeletal
disorders in the workplace. 2003 World Health Organization)

				****

The American Academy of Orthopaedic Surgeons (AAOS)

Position Statement 1165  © December 2004 American Academy of
Orthopaedic Surgeons

This material may not be modified without the express written permission
of the American Academy of Orthopaedic Surgeons®.

Defining Musculoskeletal Disorders in the Workplace

This Position Statement was developed as an educational tool based on
the opinion of the authors. It is not a product of a systematic review.
Readers are encouraged to consider the information presented and reach
their own conclusions.

The term musculoskeletal disorder (MSD) is commonly used as a catch-all
phrase to refer to a variety of diseases or injuries to bones, muscles,
tendons, joints, nerves and blood vessels that may occur in the
workplace. Grouping these divergent pathologies into a single term can
create confusion and muddle thinking among employers, employees,
healthcare providers, insurers, and policymakers that must address
workers’ compensation and ergonomics issues. To illustrate this point,
the 2001 report from the National Academy of Science and the Institute
of Medicine, “Musculoskeletal Disorders and the Workplace,” defines
MSD no more specifically than the “loss of the sense of well being in
a body part.”

Other vague catch-all terms used to describe diseases and injuries that
may occur in the workplace include: cumulative trauma disorder,
repetitive stress disorder, repetitive stress injury, and work-related
disorder.

Use of these unclear terms can lead to erroneous assumptions and
conclusions about pathologies that may occur in the workplace. For
example, employers and employees sometimes mistakenly believe that the
causes for all of the pathologies that fall within the “definition”
of MSD are the same, when in fact the causes of these various
pathologies might be quite different.

The term MSD, as well as other non-specific phrases, should not be used
as a clinical diagnosis in scientific literature or regulatory language
because they are vague terms and subject to misinterpretation. Instead,
stakeholders in the workers’ compensation and ergonomics arena should
use precise terminology to describe pathologies that may occur in the
workplace. This allows researchers and scientists to develop reliable
scientific evidence for clearly defined pathologies, which in turn
allows policymakers to formulate regulations based on sound scientific
evidence. Ultimately, this clarity will improve the quality of care
provided to injured workers and reduce overall healthcare costs within
the workers’ compensation system.

The American Academy of Orthopaedic Surgeons (AAOS) believes
“musculoskeletal disorder” and other non-specific phrases should not
be used as a clinical diagnosis because these terms are vague and
confusing and do not appropriately describe diseases and injuries that
may occur in the workplace.

The World Health Organization created a reporting system known as the
International Classification of Diseases (ICD) that provides much more
specific descriptions of various illnesses, injuries, and diseases. ICD
was developed as a method to report and collect data on illnesses,
injuries, and diseases. This reporting system uses precise criteria for
clinical diagnoses and is widely accepted across the United States and
internationally.

Low back pain, carpal tunnel syndrome, trigger finger, lateral
epicondylitis, tendonitis, and bursitis are common medical conditions
that have been described as MSDs. However, all of these conditions have
existing ICD codes that should be used instead of the term MSD so that
there is a more clear understanding of the pathologic process and so
that communication among employers, employees, healthcare providers,
insurers, researchers, and regulators are more consistent and
scientific.

The AAOS believes ICD diagnosis codes should be used instead of
“musculoskeletal disorder” and other non-specific terms when
describing and reporting pathologies that may occur in the workplace.

				****

The National Academies: National Academy of Science, National Academy of
Engineering, Institute of Medicine, and National Research Council

National Research Council and Institute of Medicine (2001)
Musculoskeletal Disorders and the Workplace: Low Back and Upper
Extremities. Panel on Musculoskeletal Disorders and the Workplace.
Commission on Behavioral and Social Sciences and Education. Washington,
DC: National Academy Press.  pp. 37

“Work-Related Illness or Disease: Work-Related Illness or Disease may
be caused by, aggravated, accelerated, or exacerbated by workplace
exposures, and they may impair working capacity. Personal
characteristics and other environmental and sociocultural factors
usually play a role as risk factors in work-related illnesses and
diseases.

Occupational diseases are at one end of the work relatedness spectrum,
where the relationship to specific causal factors at work has been fully
established and the factors concerned can be identified, measured, and
eventually controlled. At the other end of the spectrum are diseases
with a weak, inconsistent, unclear relationship to working conditions;
and in the middle of spectrum there is a possible causal relationship,
but the strength and magnitude of it may vary.]  (from World Health
Organization, 1985).- This definition also includes conditions that are
not caused by work, but which are aggravated at work.

				****

BLS definition:

“Musculoskeletal Disorders (MSDs) include cases where the nature of
the injury is sprains; strains; tears; back pain; hurt back; soreness;
pain; hurt; except the back; carpal tunnel syndrome; hernia; or
musculoskeletal system and connective tissue diseases and disorders,
when the event or exposure leading to the injury or illness is bodily
reaction/bending, climbing, crawling, reaching, twisting, overexertion,
or repetition.  Cases of Raynaud’s phenomenon, tarsal tunnel syndrome,
and herniated spinal discs are not included, although they may be
considered MSDs, the survey classifies these injuries and illnesses in
categories that also include non MSD cases.

					****

Definition from the 2000 ergonomics standard overturned by Congress:

“a disorder of the muscles, nerves, tendons, ligaments, joints,
cartilage, blood vessels, or spinal disks.  For purposes of this
standard, this definition only includes MSDs in the following areas of
the body that have been associated with exposure to risk factors; neck,
shoulder, elbow, forearm, wrist, hand, abdomen (hernia only), back,
knee, anakle, and foot.  MSDs may include muscle strains and tears,
ligament sprains, joint and tendon inflammation, pinched nerves, and
spinal disc degeneration.  MMSDs include such medical conditions as: low
back pain, tension neck syndrome, carpal tunnel syndrome, rotator cuff
syndrome, DeQuervain’s syndrome, trigger finger, tarsal tunnel
syndrome, sciatica, epicondylitis, tendonitis, Raynaud’s phenomenon,
hand-arm vibration syndrome (HAVS), carpet layer’s knee, and herniated
spinal disc.  Injuries arising from slips, trips, falls, moor vehicle
accidents, or similar accidents are not considered MSDs for the purposes
of this standard.

				****

Definition from the 2001 Recordkeeping rule:

Musculoskeletal disorders (MSDs) are disorders of the muscles, nerves,
tendons, ligaments, joints, cartilage and spinal discs. MSDs do not
include disorders caused by slips, trips, falls, motor vehicle
accidents, or other similar accidents. Examples of MSDs include: Carpal
tunnel syndrome, Rotator cuff syndrome, De Quervain's disease, Trigger
finger, Tarsal tunnel syndrome, Sciatica, Epicondylitis, Tendinitis,
Raynaud's phenomenon, Carpet layers knee, Herniated spinal disc, and Low
back pain.

				****

Navy Occupational Safety and Health Program Manual; OPNAVINST 5100.23G;
NO9F 30 Dec 2005

WMSDs are defined as a class of disorders involving damage to muscles,
tendons, tendon sheaths, and related bones, and nerves.  They may also
be known more specifically as repetitive strain injuries (RSI);
Cumulative Trauma Disorders (CTDs) and Overuse Syndrome.  WMSDs result
from the cumulative effect of repeated traumas associated with specific
workplace risk factors.  Risk factors include but are not limited to:

  (1) Force - the amount of physical effort required to maintain control
of equipment or tools or perform a task such as heavy lifting, pushing,
pulling, grasping, or carrying.

  (2) Repetition - performing the same motion or series of motions
continually

or frequently for an extended period of time with little variation.
Examples include prolonged typing, assembling components and repetitive
hand tool usage.

  (3) Awkward or static postures - awkward posture refers to positions
of the body (limbs, joints, back) that deviate significantly from the
neutral position while performing job tasks.  For example, overhead
work, extended reaching, twisting, and squatting or kneeling.

Static postures refer to holding a fixed position or posture.  Examples
include gripping tools that cannot be set down or standing in one place
for prolonged periods.

  (4) Vibration - Localized vibration, such as vibration of the hand and
arm, occurs when a specific part of the body comes into contact with
vibrating objects such as powered hand tools (e.g., chain saw, electric
drill, chipping hammer) or equipment (e.g., wood planer, punch press,
packaging machine).  Whole-body vibration occurs when standing or
sitting in vibrating environments (e.g., operating a pile driver or
driving a truck over bumpy roads) or when using heavy vibrating
equipment that requires whole-body involvement (e.g., jackhammers).

  (5) Contact stress - results from occasional, repeated or continuous
contact between sensitive body tissues and a hard or sharp object.
Examples include resting the wrist on a hard desk edge, tool handles
that press into the palms or using the hand as a hammer.

When present for sufficient duration, frequency, magnitude, or in
combination, these risk factors may cause WMSDs.  In addition, personal
risk factors, such as, physical conditioning, existing health problems,
gender, age, work technique, hobbies and organizational factors (e.g.
job autonomy, quotas, deadlines) contribute to the development of WMSDs.
Additionally, environmental conditions such as working in temperature
extremes may contribute to the development of WMSDs.

 PAGE

 PAGE   1


[Federal Register Volume 82, Number 119 (Thursday, June 22, 2017)]
[Notices]
[Page 28511]
[FR Doc No: 2017-12997]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4312-DR: Docket ID FEMA-2017-0001]

Resighini Rancheria; Amendment No. 1 to Notice of a Major
Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the Resighini Rancheria (FEMA-4312-DR), dated May 2, 2017, and
related determinations.

DATES: Effective June 12, 2017.

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

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the Resighini Rancheria is hereby amended to include the following
areas among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of May 2, 2017.

    The Resighini Rancheria for debris removal [Category A] (already
designated for permanent work [Categories C-G] under the Public
Assistance program).
    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050 Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Robert J. Fenton,
Acting Administrator, Federal Emergency Management Agency.
[FR Doc. 2017-12997 Filed 6-21-17; 8:45 am]
 BILLING CODE 9111-23-P