[Federal Register Volume 77, Number 242 (Monday, December 17, 2012)]
[Rules and Regulations]
[Pages 74587-74589]
[FR Doc No: 2012-30298]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-1028]
RIN 1625-AA00

Safety Zone; Grain-Shipment Vessels, Columbia and Willamette
Rivers

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone around
all inbound and outbound grain-shipment vessels involved in commerce
with the Columbia Grain facility on the Willamette River in Portland,
OR, and the United Grain Corporation facility on the Columbia River in
Vancouver, WA while they are located on the Columbia and Willamette
Rivers. This safety zone extends to waters 500 yards ahead of the
vessel and 200 yards abeam and astern of the vessel. This safety zone
is being established to ensure that protest activities relating to a
labor dispute do not create hazardous navigation conditions for any
vessel or other river user in the vicinity of the safety zone.

DATES: This rule is effective with actual notice beginning November 16,
2012 until December 17, 2012. This rule is effective in the Code of
Federal Regulations from December 17, 2012 until January 16, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-1028]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Ensign Ian P. McPhillips, Waterways Management Division,
Marine Safety Unit Portland, U.S. Coast Guard; telephone (503) 240-
9319, email<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this final rule without prior notice and
opportunity to comment pursuant to authority under section 4(a) of the
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because to do so would be impracticable due
to the lack of advance notice of the underlying dispute. Delayed
promulgation may result in injury or damage to the maritime public,
vessel crews, the vessels themselves, the facilities, and law
enforcement personnel from protest activities that could occur prior to
conclusion of a notice and comment period.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register because to do otherwise would be
impracticable since the arrival of grain-shipment vessels cannot be
delayed by the Coast Guard and protest activities are unpredictable and
potentially volatile and may result in injury to persons, property, or
the environment. Delaying the effective date until 30 days after
publication may mean that grain-shipment vessels will have arrived or
departed the Columbia and Willamette Rivers before the end of the 30
day period. This delay would eliminate the safety zone's effectiveness
and usefulness in protecting persons, property, and the safe navigation
of maritime traffic before 30 days have elapsed.

B. Basis and Purpose

    Due to a labor dispute regarding grain-shipment vessels involved in
commerce with the Columbia Grain facility, a safety zone is needed to
help ensure the safe navigation of maritime traffic on the Columbia and
Willamette Rivers while grain-shipment vessels transit to and from
grain export facilities in the Sector Columbia River Captain of the
Port Zone. There is the potential for injury and damage to both
protestors and shipping due to the labor dispute. The Coast Guard
believes that a safety zone is needed to allow maximal use of the
waterway consistent with safe navigation and to ensure that protestors
and other river users are not injured by deep-draft vessels with
maneuvering characteristics with which they may be unfamiliar.

C. Discussion of the Final Rule

    This rule establishes a temporary safety zone around grain-shipment
vessels involved in commerce with the Columbia Grain facility on the
Willamette River in Portland, OR, and the United Grain Corporation
facility on the Columbia River in Vancouver, WA while they are located
on the Columbia and Willamette Rivers. This safety zone extends to
waters 500 yards ahead of the vessel and 200 yards abeam and astern of
the vessel. No person or vessel may enter or remain in the safety zone
without authorization from the Sector Columbia River Captain of the
Port or his designated representatives.
    This rule has been enforced with actual notice since November 16,
2012 and it will be enforced until 30 days from date of publication in
the Federal Register. If unsafe conditions continue beyond that date,
the Coast Guard will consider extending the duration of the safety
zone.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. Although this rule will
restrict access to the regulated area, the effect of this rule will not
be significant because: (i) The safety zone is limited in size; (ii)
the official on-scene patrol may authorize access to the safety zone;
(iii) the safety zone will effect a limited geographical location for a
limited time; and (iv) the Coast Guard will make notifications via
maritime advisories so mariners can adjust their plans accordingly.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule may affect the following entities some of which may
be small entities: the owners and operators of vessels intending to
operate in the area covered by the safety zone created in this rule.
    This rule will not have a significant economic impact on a
substantial number of small entities for the following reasons: (i) The
safety zone is limited in size; (ii) the official on-scene patrol may
authorize access to the safety zone; (iii) the safety zone will effect
a limited geographical location for a limited time; and (iv) the Coast
Guard will make notifications via maritime advisories so mariners can
adjust their plans accordingly.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

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

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of a temporary safety
zone around grain-shipment vessels involved in commerce with the
Columbia Grain facility on the Willamette River in Portland, OR, and
the United Grain Corporation facility on the Columbia River in
Vancouver, WA while they are located on the Columbia and Willamette
Rivers. This rule is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Reporting and
recordkeeping requirements, Waterways.

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add Sec.  165.T13-234 to read as follows:

Sec.  165.T13-234  Safety Zone; Grain-Shipment Vessels, Columbia and
Willamette Rivers.

    (a) Definitions. As used in this section:
    (1) Federal Law Enforcement Officer means any employee or agent of
the United States government who has the authority to carry firearms
and make warrantless arrests and whose duties involve the enforcement
of criminal laws of the United States.
    (2) Navigable waters of the United States means those waters
defined as such in 33 CFR part 2.
    (3) Navigation Rules means the Navigation Rules, International-
Inland.
    (4) Official Patrol means those persons designated by the Captain
of the Port to monitor a vessel safety zone, permit entry into the
zone, give legally enforceable orders to persons or vessels within the
zone and take other actions authorized by the Captain of the Port.
Federal Law Enforcement Officers authorized to enforce this section are
designated as the Official Patrol.
    (5) Public vessel means vessels owned, chartered, or operated by
the United States, or by a State or political subdivision thereof.
    (6) Oregon Law Enforcement Officer means any Oregon Peace Officer
as defined in Oregon Revised Statutes section 161.015.
    (7) Washington Law Enforcement Officer means any General Authority
Washington Peace Officer, Limited Authority Washington Peace Officer,
or Specially Commissioned Washington Peace Officer as defined in
Revised Code of Washington section 10.93.020.
    (b) Location. The following areas are safety zones: All navigable
waters of the United States within the Sector Columbia River Captain of
the Port Zone, extending from the surface to the sea floor, that are:
    (1) Not more than 500 yards ahead of grain-shipment vessels and 200
yards abeam and astern of grain-shipment vessels underway on the
Columbia and Willamette Rivers and involved in commerce with the
Columbia Grain facility on the Willamette River in Portland, OR, and
the United Grain Corporation facility on the Columbia River in
Vancouver, WA.
    (2) Within a maximum 200-yard radius of grain-shipment vessels when
anchored, at any berth, moored, or in the process of mooring on the
Columbia and Willamette Rivers and involved in commerce with the
Columbia Grain facility on the Willamette River in Portland, OR, and
the United Grain Corporation facility on the Columbia River in
Vancouver, WA.
    (c) Effective Period. The safety zones created in this section will
be in effect from November 16, 2012 and will be enforced until January
16, 2013. They will be activated for enforcement as described in
paragraph (d) of this section.
    (d) Enforcement Periods. The Sector Columbia River Captain of the
Port will cause notice of the enforcement of the grain-shipment vessels
safety zone to be made by all appropriate means to effect the widest
publicity among the affected segments of the public as practicable, in
accordance with 33 CFR 165.7. Such means of notification may include,
but are not limited to, Broadcast Notices to Mariners or Local Notices
to Mariners. The Sector Columbia River Captain of the Port will issue a
Broadcast Notice to Mariners and Local Notice to Mariners notifying the
public when enforcement of the safety zone is suspended.
    Upon notice of enforcement by the Sector Columbia River Captain of
the Port, the Coast Guard will enforce the safety zone in accordance
with rules set out in this section. Upon notice of suspension of
enforcement by the Sector Columbia River Captain of the Port, all
persons and vessels are authorized to enter, transit, and exit the
safety zone, consistent with the Navigation Rules.
    (e) Regulation. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into or movement within these zones is
prohibited unless authorized by the Sector Columbia River Captain of
the Port, the official patrol, or other designated representatives of
the Captain of the Port.
    (2) To request authorization to enter or operate within the safety
zone contact the on-scene official patrol on VHF-FM channel 16 or 13,
or the Sector Columbia River Command Center at phone number (503) 861-
6211. Authorization will be granted based on the necessity of access
and consistent with safe navigation.
    (3) Vessels authorized to enter or operate within the safety zone
shall operate at the minimum speed necessary to maintain a safe course
and shall proceed as directed by the on-scene official patrol. The
Navigation Rules shall apply at all times within the safety zone.
    (4) Maneuver-restricted vessels. When conditions permit, the on-
scene official patrol, or a designated representative of the Captain of
the Port at the Sector Columbia River Command Center, should:
    (i) Permit vessels constrained by their navigational draft or
restricted in their ability to maneuver to enter or operate within the
safety zone in order to ensure a safe passage in accordance with the
Navigation Rules; and
    (ii) Permit commercial vessels anchored in a designated anchorage
area to remain at anchor within the safety zone; and
    (iii) Permit vessels that must transit via a navigable channel or
waterway to enter or operate within the safety zone in order to do so.
    (f) Exemption. Public vessels as defined in paragraph (a) of this
section are exempt from complying with paragraph (e) of this section.
    (g) Enforcement. Any Coast Guard commissioned, warrant, or petty
officer may enforce the rules in this section. In the navigable waters
of the United States to which this section applies, when immediate
action is required and representatives of the Coast Guard are not
present or are not present in sufficient force to provide effective
enforcement of this section, any Federal Law Enforcement Officer,
Oregon Law Enforcement Officer, or Washington Law Enforcement Officer
may enforce the rules contained in this section pursuant to 46 U.S.C.
70118. In addition, the Captain of the Port may be assisted by other
federal, state, or local agencies in enforcing this section.
    (h) Waiver. The Captain of the Port Columbia River may waive any of
the requirements of this section for any vessel or class of vessels
upon finding that operational conditions or other circumstances are
such that application of this section is unnecessary or impractical for
the purpose of port safety or environmental safety.

    Dated: November 30, 2012.
B.C. Jones,
Captain, U.S. Coast Guard, Captain of the Port, Sector Columbia River.
[FR Doc. 2012-30298 Filed 12-14-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 84, Number 25 (Wednesday, February 6, 2019)]
[Notices]
[Pages 2331-2333]
[FR Doc No: 2019-01263]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2000-7165; FMCSA-2002-11714; FMCSA-2004-17984; FMCSA-
2004-18885; FMCSA-2005-21711; FMCSA-2006-24783; FMCSA-2007-27897;
FMCSA-2008-0021; FMCSA-2008-0106; FMCSA-2008-0174; FMCSA-2008-0231;
FMCSA-2008-0266; FMCSA-2009-0206; FMCSA-2009-0303; FMCSA-2010-0082;
FMCSA-2010-0114; FMCSA-2010-0161; FMCSA-2010-0187; FMCSA-2010-0354;
FMCSA-2010-0385; FMCSA-2011-0379; FMCSA-2011-0380; FMCSA-2012-0104;
FMCSA-2012-0160; FMCSA-2012-0215; FMCSA-2012-0216; FMCSA-2013-0169;
FMCSA-2013-0170; FMCSA-2014-0002; FMCSA-2014-0003; FMCSA-2014-0005;
FMCSA-2014-0006; FMCSA-2014-0010; FMCSA-2014-0011; FMCSA-2014-0296;
FMCSA-2016-0027; FMCSA-2016-0028; FMCSA-2016-0206]

Qualification of Drivers; Exemption Applications; Vision

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to renew exemptions for 83
individuals from the vision requirement in the Federal Motor Carrier
Safety Regulations (FMCSRs) for interstate commercial motor vehicle
(CMV) drivers. The exemptions enable these individuals to continue to
operate CMVs in interstate commerce without meeting the vision
requirement in one eye.

DATES: Each group of renewed exemptions were applicable on the dates
stated in the discussions below and will expire on the dates stated in
the discussions below.

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

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to http://www.regulations.gov.
Insert the docket number, FMCSA-2000-7165; FMCSA-2002-11714; FMCSA-
2004-17984; FMCSA-2004-18885; FMCSA-2005-21711; FMCSA-2006-24783;
FMCSA-2007-27897; FMCSA-2008-0021; FMCSA-2008-0106; FMCSA-2008-0174;
FMCSA-2008-0231; FMCSA-2008-0266; FMCSA-2009-0206; FMCSA-2009-0303;
FMCSA-2010-0082; FMCSA-2010-0114; FMCSA-2010-0161; FMCSA-2010-0187;
FMCSA-2010-0354; FMCSA-2010-0385; FMCSA-2011-0379; FMCSA-2011-0380;
FMCSA-2012-0104; FMCSA-2012-0160; FMCSA-2012-0215; FMCSA-2012-0216;
FMCSA-2013-0169; FMCSA-2013-0170; FMCSA-2014-0002; FMCSA-2014-0003;
FMCSA-2014-0005; FMCSA-2014-0006; FMCSA-2014-0010; FMCSA-2014-0011;
FMCSA-2014-0296; FMCSA-2016-0027; FMCSA-2016-0028; FMCSA-2016-0206, in
the keyword box, and click ``Search.'' Next, click the ``Open Docket
Folder'' button and choose the document to review. If you do not have
access to the internet, you may view the docket online by visiting the
Docket Management Facility in Room W12-140 on the ground floor of the
DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590,
between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal
holidays.

B. Privacy Act

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

II. Background

    On November 14, 2018, FMCSA published a notice announcing its
decision to renew exemptions for 83 individuals from the vision
requirement in 49 CFR 391.41(b)(10) to operate a CMV in interstate
commerce and requested comments from the public (83 FR 56902). The
public comment period ended on December 14, 2018, and no comments were
received.
    As stated in the previous notice, FMCSA has evaluated the
eligibility of these applicants and determined that renewing these
exemptions would achieve a level of safety equivalent to, or greater
than, the level that would be achieved by complying with the current
regulation 49 CFR 391.41(b)(10).
    The physical qualification standard for drivers regarding vision
found in 49 CFR 391.41(b)(10) states that a person is physically
qualified to drive a CMV if that person has distant visual acuity of at
least 20/40 (Snellen) in each eye without corrective lenses or visual
acuity separately corrected to 20/40 (Snellen) or better with
corrective lenses, distant binocular acuity of a least 20/40 (Snellen)
in both eyes with or without corrective lenses, field of vision of at
least 70[deg] in the horizontal meridian in each eye, and the ability
to recognize the colors of traffic signals and devices showing red,
green, and amber.

III. Discussion of Comments

    FMCSA received no comments in this preceding.

IV. Conclusion

    Based on its evaluation of the 83 renewal exemption applications
and comments received, FMCSA confirms its decision to exempt the
following drivers from the vision requirement in 49 CFR 391.41(b)(10).
    In accordance with 49 U.S.C. 31136(e) and 31315, the following
groups of drivers received renewed exemptions in the month of October
and are discussed below. As of October 1, 2018, and in accordance with
49 U.S.C. 31136(e) and 31315, the following 21 individuals have
satisfied the renewal conditions for obtaining an exemption from the
vision requirement in the FMCSRs for

interstate CMV drivers (73 FR 15567; 73 FR 27015; 73 FR 35197; 73 FR
48275; 74 FR 43217; 74 FR 43220; 74 FR 57551; 74 FR 57553; 74 FR 60022;
75 FR 4623; 75 FR 19674; 75 FR 34211; 75 FR 34212; 75 FR 44051; 75 FR
47888; 75 FR 72863; 76 FR 2190; 76 FR 66123; 77 FR 543; 77 FR 23797; 77
FR 27847; 77 FR 36338; 77 FR 38386; 77 FR 40945; 77 FR 46153; 78 FR
51269; 78 FR 64274; 78 FR 76707; 78 FR 77778; 78 FR 77782; 79 FR 10609;
79 FR 22003; 79 FR 23797; 79 FR 27681; 79 FR 35220; 79 FR 37843; 79 FR
38649; 79 FR 40945; 79 FR 45868; 79 FR 46153; 80 FR 36398; 80 FR 67481;
81 FR 20435; 81 FR 26305; 81 FR 39320; 81 FR 60115; 81 FR 66720; 81 FR
66724; 81 FR 72642; 81 FR 81230; 81 FR 90050; 81 FR 91239; 81 FR
96196):

Timothy D. Beaulier (MI)
Sean O. Feeny (FL)
Gregory L. Kockelman (MN)
Odilio Monterroso De Leon (TX)
Kent A. Perry (WY)
Benjamin R. Sauder (PA)
Douglas R. Strickland (NC)
Teddy S. Bioni (PA)
David M. Field (NH)
Michael M. Martinez (NM)
Aaron L. Paustian (IA)
Enoc Ramos III (TX)
Roberto E. Soto (TX)
Raymond White (NC)
James F. Epperson (IN)
Spencer B. Jacobs (TX)
Duane A. McCord (IL)
Markus Perkins (LA)
Noel S. Robbins (PA)
Robert B. Steinmetz (OR)
Brian C. Wittenburg (NC)

    The drivers were included in docket numbers FMCSA-2008-0021; FMCSA-
2008-0106; FMCSA-2009-0206; FMCSA-2009-0303; FMCSA-2010-0114; FMCSA-
2010-0354; FMCSA-2012-0104; FMCSA-2013-0169; FMCSA-2014-0002; FMCSA-
2014-0005; FMCSA-2016-0027; FMCSA-2016-0028; FMCSA-2016-0206. Their
exemptions are applicable as of October 1, 2018, and will expire on
October 1, 2020.
    As of October 6, 2018, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 19 individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (67 FR 15662; 67 FR 37907; 69 FR
26206; 70 FR 48797; 70 FR 61493; 71 FR 26602; 71 FR 32183; 71 FR 41310;
72 FR 39879; 72 FR 52419; 73 FR 27018; 73 FR 35194; 73 FR 36955; 73 FR
38498; 73 FR 48273; 74 FR 41971; 75 FR 25918; 75 FR 36778; 75 FR 36779;
75 FR 39725; 75 FR 39729; 75 FR 44050; 75 FR 44051; 75 FR 61833; 75 FR
77942; 76 FR 5425; 76 FR 54530; 77 FR 15184; 77 FR 17109; 77 FR 27845;
77 FR 27850; 77 FR 36338; 77 FR 38384; 77 FR 46153; 77 FR 56262; 78 FR
67454; 78 FR 78477; 79 FR 4803; 79 FR 14571; 79 FR 23797; 79 FR 28588;
79 FR 35212; 79 FR 35218; 79 FR 35220; 79 FR 38661; 79 FR 46153; 79 FR
47175; 79 FR 51642; 79 FR 51643; 79 FR 64001; 81 FR 71173):

Ramon Adame (IL)
Scott F. Chalfant (DE)
Ronald M. Green (OH)
Daniel Hollins (KY)
Daniel W. Johnson (NY)
Mark A. Smith (IA)
Nicholas J. Vance (OH)
John E. Breslin (NV)
Curtis E. Firari (WI)
David W. Grooms (IN)
Ralph E. Holmes (MD)
Matthew B. Lairamore (OK)
Charles E. Stokes (FL)
Howard T. Bubel (ND)
Kelly L. Foster (UT)
Billy R. Holdman (IL)
Charles S. Huffman (KS)
Gary McKown (WV)
Samuel M. Stoltzfus (PA)

    The drivers were included in docket numbers FMCSA-2002-11714;
FMCSA-2005-21711; FMCSA-2006-24783; FMCSA-2007-27897; FMCSA-2008-0106;
FMCSA-2008-0174; FMCSA-2010-0082; FMCSA-2010-0161; FMCSA-2010-0385;
FMCSA-2011-0379; FMCSA-2011-0380; FMCSA-2013-0170; FMCSA-2014-0003;
FMCSA-2014-0006; FMCSA-2014-0010. Their exemptions are applicable as of
October 6, 2018, and will expire on October 6, 2020.
    As of October 15, 2018, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following nine individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (69 FR 33997; 69 FR 61292; 71 FR
55820; 73 FR 46973; 73 FR 54888; 73 FR 65009; 75 FR 47883; 75 FR 52063;
75 FR 57105; 75 FR 63257; 77 FR 38381; 77 FR 51846; 77 FR 52388; 77 FR
60010; 81 FR 71173):

William C. Ball (NC)
Kevin C. Palmer (OR)
Ted L. Smeltzer (IN)
Kelly R. Konesky (AZ)
Charles O. Rhodes (FL)
Stephen B. Whitt (NC)
Hollis J. Martin (AL)
Gordon G. Roth (KS)
Darrell F. Woosley (IL)

    The drivers were included in docket numbers FMCSA-2004-17984;
FMCSA-2008-0231; FMCSA-2010-0187; FMCSA-2012-0160. Their exemptions are
applicable as of October 15, 2018, and will expire on October 15, 2020.
    As of October 21, 2018, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following five individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (79 FR 56099; 79 FR 70928; 81 FR
71173):

Todd A. Carlson (MN)
Raymond Holt (CA)
Ronald Gaines (FL)
Juan C. Puente (TX)
Billy R. Hampton (NC)

    The drivers were included in docket number FMCSA-2014-0011. Their
exemptions are applicable as of October 21, 2018, and will expire on
October 21, 2020.
    As of October 22, 2018, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following five individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (73 FR 51689; 73 FR 63047; 75 FR
39725; 75 FR 47883; 75 FR 61883; 75 FR 63257; 75 FR 64396; 77 FR 64582;
79 FR 56104; 81 FR 71173):

Randall J. Benson (MN)
Jeromy W. Leatherman (PA)
James D. Drabek, Jr. (IL)
Sylvester Silver (VA)
Delone W. Dudley (MD)

    The drivers were included in docket numbers FMCSA-2008-0266; FMCSA-
2010-0161; FMCSA-2010-0187. Their exemptions are applicable as of
October 22, 2018, and will expire on October 22, 2020.
    As of October 23, 2018, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following six individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (77 FR 52381; 77 FR 64841; 79 FR
56097; 81 FR 71173):

Roger A. Duester (TX)
Benny L. Sanchez (CA)
Charlene E. Geary (SD)
Sandeep Singh (CA)
David N. Hinchliffe (TX)
James T. Stalker (OH)

    The drivers were included in docket number FMCSA-2012-0215. Their
exemptions are applicable as of October 23, 2018, and will expire on
October 23, 2020.
    As of October 27, 2018, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following eight individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (65 FR 33406; 65 FR 57234; 67 FR
57266; 69 FR 52741;

69 FR 53493; 69 FR 62742; 71 FR 53489; 71 FR 62148; 73 FR 61925; 75 FR
59327; 77 FR 64583; 79 FR 56117; 81 FR 71173):

David W. Brown (TN)
Jeffrey M. Keyser (OH)
Zbigniew P. Pietranik (WI)
Monty G. Calderon (OH)
David G. Meyers (NY)
Joseph F. Wood (MS)
Zane G. Harvey, Jr. (VA)
Rodney M. Pegg (PA)

    The drivers were included in docket numbers FMCSA-2000-7165; FMCSA-
2004-18885. Their exemptions are applicable as of October 27, 2018, and
will expire on October 27, 2020.
    As of October 31, 2018, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following ten individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (77 FR 56261; 77 FR 65933; 79 FR
58856; 79 FR 59348; 79 FR 72754; 81 FR 71173):

Donald L. Blakeley II (NV)
Sanford L. Goodwin (TX)
Steven W. Miller (PA)
Scott E. Tussey (KY)
Marty R. Brewster (KS)
Thomas J. Long III (PA)
James J. Monticello (IN)
Henry L. Chrestensen (IA)
Matthew J. Mantooth (KY)
Klifford N. Siemens (KS)

    The drivers were included in docket numbers FMCSA-2012-0216; FMCSA-
2014-0296. Their exemptions are applicable as of October 31, 2018, and
will expire on October 31, 2020.
    In accordance with 49 U.S.C. 31315, each exemption will be valid
for two years from the effective date unless revoked earlier by FMCSA.
The exemption will be revoked if the following occurs: (1) The person
fails to comply with the terms and conditions of the exemption; (2) the
exemption has resulted in a lower level of safety than was maintained
prior to being granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136 and
31315.

    Issued on: January 30, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-01263 Filed 2-5-19; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 87, Number 69 (Monday, April 11, 2022)]
[Proposed Rules]
[Pages 21059-21060]
[FR Doc No: 2022-07581]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-0352; Airspace Docket No. 22-AGL-15]
RIN 2120-AA66

Proposed Establishment of Class E Airspace; Fertile, MN

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to establish Class E airspace at Fertile,
MN. The FAA is proposing this action to support the establishment of
public instrument procedures at Fertile Municipal Airport, Fertile, MN.

DATES: Comments must be received on or before May 26, 2022.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590; telephone
(202) 366-9826, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2022-0352/Airspace Docket No. 22-AGL-15 at the beginning of your
comments. You may also submit comments through the internet at https://www.regulations.gov. You may review the public docket containing the
proposal, any comments received, and any final disposition in person in
the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through
Friday, except federal holidays.
    FAA Order JO 7400.11F, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at https://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.

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 would establish Class E airspace extending upward form 700 feet
above the surface at Fertile Municipal Airport, Fertile, MN, to support
instrument flight rule operations at this airport.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis

supporting the views and suggestions presented are particularly helpful
in developing reasoned regulatory decisions on the proposal. Comments
are specifically invited on the overall regulatory, aeronautical,
economic, environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2022-0352/
Airspace Docket No. 22-AGL-15.'' The postcard will be date/time stamped
and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at https://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at https://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Federal Aviation Administration, Air Traffic
Organization, Central Service Center, Operations Support Group, 10101
Hillwood Parkway, Fort Worth, TX 76177.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order JO 7400.11F, Airspace
Designations and Reporting Points, dated August 10, 2021, and effective
September 15, 2021. FAA Order JO 7400.11F is publicly available as
listed in the ADDRESSES section of this document. FAA Order JO 7400.11F
lists Class A, B, C, D, and E airspace areas, air traffic service
routes, and reporting points.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 by establishing
Class E airspace extending upward form 700 feet above the surface
within a 6.3-mile radius of Fertile Municipal Airport, Fertile, MN.
    This action supports the establishment of public instrument
procedures at Fertile Municipal Airport.
    Class E airspace designations are published in paragraph 6005 of
FAA Order JO 7400.11F, dated August 10, 2021, and effective September
15, 2021, which is incorporated by reference in 14 CFR 71.1. The Class
E airspace designations listed in this document will be published
subsequently in FAA Order JO 7400.11.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.

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 will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

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

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 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(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11F, Airspace Designations and Reporting Points, dated August 10,
2021, and effective September 15, 2021, is amended as follows:

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

* * * * *

AGL MN E5 Fertile, MN [Establish]

Fertile Municipal Airport, MN
    (lat. 47[deg]33'07'' N, long. 96[deg]17'32'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.3-mile radius of Fertile Municipal Airport.

    Issued in Fort Worth, Texas, on April 5, 2022.
Martin A. Skinner,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2022-07581 Filed 4-8-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 142 (Friday, July 24, 2015)]
[Rules and Regulations]
[Pages 43964-43966]
[FR Doc No: 2015-18098]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2015-0172; FRL-9931-09-Region 6]

Approval and Promulgation of Implementation Plans; New Mexico;
Electronic Reporting Consistent With the Cross Media Electronic
Reporting Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of New
Mexico. The revision pertains primarily to electronic reporting and
would require electronic reporting of documents submitted for
compliance with Clean Air Act (CAA) requirements. The revision also
includes other changes which are non-substantive and primarily address
updates to New Mexico Environment Department's (NMED) document viewing
locations.

DATES: This rule is effective on September 22, 2015 without further
notice, unless EPA receives relevant adverse comment by August 24,
2015. If EPA receives such comment, EPA will publish a timely
withdrawal in the Federal Register informing the public that this rule
will not take effect.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2015-0172, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions.
     Email<EMAIL_ADDRESS>     Mail or delivery: Mr. Guy Donaldson, Chief, Air Planning
Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202-2733.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2015-0172. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information the
disclosure of which is restricted by statute. Do not submit information
through http://www.regulations.gov or email, if you believe that it is
CBI or otherwise protected from disclosure. The http://www.regulations.gov Web site is an ``anonymous access'' system, which
means that EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through http://www.regulations.gov, your email address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment along with any disk or CD-ROM
submitted. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters and any form of encryption and should be free of any
defects or viruses. For additional information

about EPA's public docket, visit the EPA Docket Center homepage at
http://www.epa.gov/epahome/dockets.htm.
    Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at EPA Region 6,
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the
docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available at either location (e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Ms. Sherry Fuerst,<PHONE_NUMBER>,
<EMAIL_ADDRESS>To inspect the hard copy materials, please
schedule an appointment with Ms. Fuerst or Mr. Bill Deese at 214-665-
7253.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.

I. Background

    On February 2, 2015, the Secretary of the NMED submitted rules for
inclusion into the SIP which amended regulations to include authorizing
and requiring the electronic submittal of data, reports and permit
applications in lieu of paper submittals. The revision to the SIP would
incorporate amendments to rule 20.2.1 of the New Mexico Administrative
Code (NMAC)--General Provisions. The amendments provide that, after
proper notification is given, submittals to NMED required under 20 NMAC
Chapter 2 (Air Quality) must be electronic, unless a waiver is granted
(<IP_ADDRESS>NMAC). Additionally, the revision amends 20 NMAC Chapter 2,
Part 1 to make non-substantive changes which primarily address updates
to NMED document viewing locations.

II. EPA's Evaluation

    Our regulations assert that States that wish to receive electronic
documents must revise the SIP to satisfy the requirements of 40 CFR
part 3 (Electronic reporting) (40 CFR 51.286). EPA has evaluated the
State's submittal allowing electronic reporting and has determined that
it meets the applicable requirements of the EPA air quality regulations
because it is consistent with EPA's requirements for electronic
reporting.
    Section 110(l) of the Federal CAA states that each revision to an
implementation plan submitted by a State under this chapter shall be
adopted by such State after reasonable notice and public hearing.
Additionally, we may not approve a revision of a plan if the revision
would interfere with any applicable requirement concerning attainment
and reasonable further progress, or any other applicable requirement of
the CAA. In its submittal, NMED provided documentation that reasonable
notice and a public hearing were provided. As the revision allows for
the electronic reporting of information and does not alter the
substance of the state monitoring submittals, it will not interfere
with any applicable requirement of the CAA.

III. Final Action

    We are approving revisions to the New Mexico SIP that pertain to
electronic reporting, <IP_ADDRESS> A and B, as proposed in the SIP
revision proposal package submitted by the Secretary of NMED on
February 2, 2015.
    We are also approving the amendments that were proposed to correct
typographical errors and to standardize formatting of rule language.
    EPA is publishing this rule without prior proposal because we view
this as a non-controversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the SIP revision if relevant adverse
comments are received. This rule will be effective on September 22,
2015 without further notice unless we receive relevant adverse comment
by August 24, 2015. If we receive relevant adverse comments, we will
publish a timely withdrawal in the Federal Register informing the
public that the rule will not take effect. We will address all public
comments in a subsequent final rule based on the proposed rule. We will
not institute a second comment period on this action. Any parties
interested in commenting must do so now. Please note that if we receive
relevant adverse comment on an amendment, paragraph, or section of this
rule and if that provision may be severed from the remainder of the
rule, we may adopt as final those provisions of the rule that are not
the subject of an adverse comment.

IV. Incorporation by Reference

    In this rule, we are finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, we are finalizing the incorporation by reference of the
revisions to the New Mexico regulations as described in the Final
Action section above. We have made, and will continue to make, these
documents generally available electronically through
www.regulations.gov and/or in hard copy at the EPA Region 6 office.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C.
272) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have

tribal implications and will not impose substantial direct costs on
tribal governments or preempt tribal law as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 22, 2015. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Reporting and recordkeeping requirements.

    Dated: July 10, 2015.
Ron Curry,
Regional Administrator, Region 6.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart GG--New Mexico

0
2. In Sec.  52.1620(c), the table titled ``EPA Approved New Mexico
Regulations'' is amended by revising the entry for ``Part 1'' under
``New Mexico Administrative Code (NMAC) Title 20--Environment
Protection, Chapter 2--Air Quality'' to read as follows:

Sec.  52.1620  Identification of plan.

* * * * *
    (c) * * *

                                       EPA Approved New Mexico Regulations
----------------------------------------------------------------------------------------------------------------
                                                          State approval/
         State citation               Title/subject          effective    EPA approval date        Comments
                                                               date
----------------------------------------------------------------------------------------------------------------
          New Mexico Administrative Code (NMAC) Title 20--Environment Protection Chapter 2--Air Quality
----------------------------------------------------------------------------------------------------------------
Part 1.........................  General Provisions.....       1/23/2015  7/24/2015 [Insert  ...................
                                                                           Federal Register
                                                                           citation].
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-18098 Filed 7-23-15; 8:45 am]
BILLING CODE 6560-50-P


Comment Info: =================

General Comment: Dear Mr. Zeller:

This is an issue which has affected my husband and I greatly over the past 4 years.   I am not a scientist but I do know how the use of so-called electronic cigarettes has drastically changed our lives for the better. I also know for certain of at least 20 other people who have been helped by these devices.  So while it may be called anecdotal, at what number does it become a fact?

I am writing as an individual consumer to request an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. On behalf of myself, I am requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days.

The Proposed Rule raises a number of significant issues and questions that are important and relevant to me, as a consumer of products that are proposed for regulation under the Proposed Rule. The Proposed Rule asks about a hundred different questions I might want to respond to. It seems to require me to prove a negative which is almost impossible for me to do.  I do want to provide my thoughts and comments on many of these issues, but my time to devote to researching and providing thoughtful comments on these important questions is limited. I have already spent many hours researching and dissecting these issues, but they take time. I know that the FDA took many years to even come up with the Proposed Rule, so I do not think it unreasonable to allow the public a mere six months to comment on it. This is our only opportunity, as consumers, to provide our feedback.

IAs I'm sure you have gathered,  feel strongly about e-cigarettes as a less harmful and viable alternative to combustible cigarettes. Quite simply, I firmly believe that they saved my life, my husbands life, and at least 3 other people who I have helped get off of combustible cigarettes. I wish to provide you with my personal story, as well as science- and evidence-based responses to your questions so that you can take my comment into account. I realize that the FDA has the authority under 21 CFR 10.40 to extend this time frame and that the FDA has exercised this authority on numerous occasions in the past. I would therefore ask that you do so here, so that all stakeholders have the opportunity to provide their comments on this proposed regulation.

I can tell you that in my efforts to quit smoking I had tried the following under a physicians care and supervision: Nicotine gum, Nicotine patch, Bupropian, Chantix, Counseling sessions, smoking cessation classes.  With the personal vaporizer and FLAVORED e-juice with nicotine I was able to quit smoking with no cravings or weight gain whatsoever.  If someone tells you that flavored e-liquid is a gateway to smoking, I must counter with the fact that it was a gateway to my quitting.  And YES I like strawberry and cotton candy flavored e-juice and I am proudly turning 55 on May 20, 2014, I was a smoker for 37 years.

I do however think you need to rethink childrens candy flavored meds tho.  I have no doubt that good tasting meds have been responsible for more overdoses than we are aware of.  Not really as different as apples and oranges.

I appreciate your consideration of my request and am happy to discuss this issue with you further.

Respectfully,


[Federal Register: February 2, 2010 (Volume 75, Number 21)]
[Rules and Regulations]
[Page 5230-5232]
[DOCID:fr02fe10-2]

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

Federal Aviation Administration

14 CFR Part 97

[Docket No. 30707; Amdt. No. 3358]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This establishes, amends, suspends, or revokes Standard
Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums
and Obstacle Departure Procedures for operations at certain airports.
These regulatory actions are needed because of the adoption of new or
revised criteria, or because of changes occurring in the National
Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective February 2, 2010. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of February 2, 2010.

ADDRESSES: Availability of matters incorporated by reference in the
amendment is as follows:
    For Examination--
    1. FAA Rules Docket, FAA Headquarters Building, 800 Independence
Avenue, SW., Washington, DC 20591;
    2. The FAA Regional Office of the region in which the affected
airport is located;
    3. The National Flight Procedures Office, 6500 South MacArthur
Blvd., Oklahoma City, OK 73169 or
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_
federal_regulations/ibr_locations.html.
    Availability--All SIAPs and Takeoff Minimums and ODPs are available

online free of charge. Visit http://www.nfdc.faa.gov to register.
Additionally, individual SIAP and Takeoff Minimums and ODP copies may
be obtained from:
    1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building,
800 Independence Avenue, SW., Washington, DC 20591; or
    2. The FAA Regional Office of the region in which the affected
airport is located.

FOR FURTHER INFORMATION CONTACT: Harry J. Hodges, Flight Procedure
Standards Branch (AFS-420), Flight Technologies and Programs Divisions,
Flight Standards Service, Federal Aviation Administration, Mike
Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma
City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125)
Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14 of the Code of
Federal Regulations, Part 97 (14 CFR part 97), by establishing,
amending, suspending, or revoking SIAPs, Takeoff Minimums and/or ODPs.
The complete regulators description of each SIAP and its associated
Takeoff Minimums or ODP for an identified airport is listed on FAA form
documents which are incorporated by reference in this amendment under 5
U.S.C. 552(a), 1 CFR part 51, and 14 CFR part 97.20. The applicable FAA
Forms are FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A, and 8260-15B when
required by an entry on 8260-15A.
    The large number of SIAPs, Takeoff Minimums and ODPs, in addition
to their complex nature and the need for a special format make
publication in the Federal Register expensive and impractical.
Furthermore, airmen do not use the regulatory text of the SIAPs,
Takeoff Minimums or ODPs, but instead refer to their depiction on
charts printed by publishers of aeronautical materials. The advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP, Takeoff Minimums and ODP listed on
FAA forms is unnecessary. This amendment provides the affected CFR
sections and specifies the types of SIAPs and the effective dates of
the associated Takeoff Minimums and ODPs. This amendment also
identifies the airport and its location, the procedure, and the
amendment number.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP, Takeoff Minimums and ODP as contained in the
transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments
may have been issued previously by the FAA in a Flight Data Center
(FDC) Notice to Airmen (NOTAM) as an emergency action of immediate
flight safety relating directly to published aeronautical charts. The
circumstances which created the need for some SIAP and Takeoff Minimums
and ODP amendments may require making them effective in less than 30
days. For the remaining SIAPS and Takeoff Minimums and ODPS, an
effective date at least 30 days after publication is provided.
    Further, the SIAPs and Takeoff Minimums and ODPs contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPs). In developing these SIAPs and
Takeoff Minimums and ODPs, the TERPs criteria were applied to the
conditions existing or anticipated at the affected airports. Because of
the close and immediate relationship between these SIAPs, Takeoff
Minimums and ODPs, and safety in air commerce, I find that notice and
public procedures before adopting these SIAPs, Takeoff Minimums and
ODPs are impracticable and contrary to the public interest and, where
applicable, that good cause exists for making some SIAPs effective in
less than 30 days.

Conclusion

    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.
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. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air traffic control, Airports, Incorporation by reference, and
Navigation (air).

    Issued in Washington, DC, on 22 January 2010.
John M. Allen,
Director, Flight Standards Service.

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me, Title 14, Code
of Federal Regulations, Part 97 (14 CFR part 97) is amended by
establishing, amending, suspending, or revoking Standard Instrument
Approach Procedures and/or Takeoff Minimums and/or Obstacle Departure
Procedures effective at 0902 UTC on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120,
44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

Effective 11 MAR 2010

Macon, GA, Middle Georgia Rgnl, Takeoff Minimums and Obstacle DP,
Amdt 3.
Worcester, MA, Worcester Rgnl, Takeoff Minimums and Obstacle DP,
Amdt 8.
Benton Harbor, MI, Southwest Michigan Rgnl, Takeoff Minimums and
Obstacle DP, Amdt 6.
Malone, NY, Malone-Dufort, VOR/DME-A, Amdt 1, CANCELLED.
Mosinee, WI, Central Wisconsin, LOC BC RWY 26, Amdt 10B, CANCELLED.
Sheboygan, WI, Sheboygan County Memorial, RNAV (GPS) RWY 13, Orig-A.

Effective 8 APR 2010

Elim, AK, Elim, ELIM ONE Graphic Obstacle DP.
Elim, AK, Elim, RNAV (GPS) RWY 1, Orig.
Elim, AK, Elim, RNAV (GPS) RWY 19, Orig.
Elim, AK, Elim, Takeoff Minimums and Obstacle DP, Orig.
Palmdale, CA, Palmdale Rgnl/USAF Plant 42, VOR/DME OR TACAN RWY 25,
Amdt 7.
Cortez, CO, Cortez Muni, LEDVE ONE Graphic Obstacle DP.
Cortez, CO, Cortez Muni, Takeoff Minimums and Obstacle DP, Amdt 3.
Crystal River, FL, Crystal River, Takeoff Minimums and Obstacle DP,
Orig.
Marco Island, FL, Marco Island, VOR/DME RWY 17, Amdt 7.
Majuro Atoll, Marshall Islands, MH, Marshall Islands Intl, Takeoff
Minimums and Obstacle DP, Orig.
Valley City, ND, Barnes County Muni, Takeoff Minimums and Obstacle
DP, Orig.
Wildwood, NJ, Cape May County, RNAV (GPS) RWY 10, Orig-B.
Wildwood, NJ, Cape May County, RNAV (GPS) RWY 19, Orig-C.
Greer, SC, Greenville-Spartanburg Intl-Roger Milliken, ILS OR LOC
RWY 22, Amdt 4.
Charlottesville, VA, Charlottesville-Albemarle, ILS OR LOC RWY 3,
Amdt 14.

Charlottesville, VA, Charlottesville-Albemarle, RNAV (GPS) Z RWY 21,
Orig-A.
Clarksville, VA, Lake Country Rgnl, Takeoff Minimums and Obstacle
DP, Amdt 1.
Eau Claire, WI, Chippewa Valley Rgnl, RNAV (GPS) RWY 4, Orig.

[FR Doc. 2010-1989 Filed 2-1-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 152 (Tuesday, August 7, 2012)]
[Notices]
[Pages 47061-47062]
[FR Doc No: 2012-19276]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL12-96-000]

Northern Illinois Municipal Power Agency; Notice of Filing

    Take notice that on July 30, 2012, Northern Illinois Municipal
Power Agency filed a Proposed Revenue Requirement for reactive supply
service under Midwest Independent Transmission System Operator, Inc.
Tariff Schedule 2.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of

intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on August 20, 2012.

    Dated: July 31, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-19276 Filed 8-6-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 37 (Friday, February 24, 2012)]
[Rules and Regulations]
[Pages 10952-10953]
[FR Doc No: 2012-4285]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-1245; Directorate Identifier 2008-NE-27-AD;
Amendment 39-15912; AD 2009-11-02]
RIN 2120-AA64

Airworthiness Directives; CFM International S.A. Model CFM56
Turbofan Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; correction.

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

SUMMARY: The FAA is correcting an airworthiness directive (AD) that
published in the Federal Register. That AD applies to CFM International
S.A. CFM56-2, CFM56-3, CFM56-5A, CFM56-5B, CFM56-5C, and CFM56-7B
series turbofan engines with certain part number (P/N) and serial
number (SN) high-pressure compressor (HPC) 4-9 spools installed. In
Table 1 of the AD, the HPC 4-9 spool SN GWN05AMO in the 2nd column of
the Table is incorrect. This document corrects that error. In all other
respects, the original document remains the same.

DATES: This final rule is effective February 24, 2012. The effective
date for AD 2009-11-02 (74 FR 23305, May 19, 2009) remains June 23,
2009.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (phone:<PHONE_NUMBER>) is Document Management Facility,
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Martin Adler, Aerospace Engineer,
Engine Certification Office, FAA, Engine & Propeller Directorate, 12
New England Executive Park, Burlington, MA 01803; phone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Airworthiness Directive 2009-11-02,
Amendment 39-15912 (74 FR 23305, May 19, 2009), currently requires
removing certain HPC 4-9 spools listed by P/N and SN in the AD.
    As published, in Table 1 of the AD, the HPC 4-9 spool SN GWN05AMO
in the 2nd column of the Table is incorrect.
    No other part of the preamble or regulatory information has been
changed; therefore, only the changed portion of the final rule is being
published in the Federal Register.
    The effective date of this AD remains June 23, 2009.

Correction of Regulatory Text

Sec.  39.13  [Corrected]

0
In the Federal Register of May 19, 2009, on page 23306, in the 3rd
column, in Table 1, under the HPC 4-9 Spool SN heading, in the
twentieth line of AD

2009-11-02; Amendment 39-15912 is corrected as follows:
* * * * *
    GWN05AM0
* * * * *

    Issued in Burlington, Massachusetts, on February 13, 2012.
Peter A. White,
Manager, Engine & Propeller Directorate, Aircraft Certification
Service.
[FR Doc. 2012-4285 Filed 2-23-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: February 14, 2008 (Volume 73, Number 31)]
[Notices]
[Page 8712-8713]
[DOCID:fr14fe08-95]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2008-0007]

Subpart R (``Steel Erection''); Extension of the Office of
Management and Budget's (OMB) Approval of Information Collection
(Paperwork) Requirements

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

ACTION: Request for public comment.

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

SUMMARY: OSHA solicits public comment concerning its proposal to extend
OMB approval of the information collection requirements specified in 29
CFR part 1926, subpart R (``Steel Erection'').

DATES: Comments must be submitted (postmarked, sent, or received) by
April 14, 2008.

ADDRESSES: Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
    Facsimile: If your comments, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit three copies of your comments
and attachments to the OSHA Docket Office, OSHA Docket No. OSHA-2008-
0007, U.S. Department of Labor, Occupational Safety and Health
Administration, Room N-2625, 200 Constitution Avenue, NW., Washington,
DC 20210. Deliveries (hand, express mail, messenger, and courier
service) are accepted during the Department of Labor's and Docket
Office's normal business hours, 8:15 a.m. to 4:45 p.m., e.t.
    Instructions: All submissions must include the Agency name and OSHA
docket number for the ICR (OSHA-2008-0007). All comments, including any
personal information you provide, are placed in the public docket
without change, and may be made available online at http://
www.regulations.gov. For further information on submitting comments see
the ``Public Participation'' heading in the section of this notice
titled ``Supplementary Information.''
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket (including this Federal
Register notice) are listed in the http://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download through the website. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You may also contact Michael Buchet
at the address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Michael Buchet, Directorate of
Construction, OSHA, U.S. Department of Labor, Room N-3468, 200
Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693-
2020.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of its continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation

program to provide the public with an opportunity to comment on
proposed and continuing information collection requirements in
accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3506(c)(2)(A)). This program ensures that information is in the desired
format, reporting burden (time and costs) is minimal, collection
instruments are clearly understood, and OSHA's estimate of the
information collection burden is accurate. The Occupational Safety and
Health Act of 1970 (the OSH Act) (29 U.S.C. 651 et seq.) authorizes
information collection by employers as necessary or appropriate for
enforcement of the Act or for developing information regarding the
causes and prevention of occupational injuries, illnesses, and
accidents (29 U.S.C. 657). The OSH Act also requires that OSHA obtain
such information with minimum burden upon employers, especially those
operating small businesses, and to reduce to the maximum extent
feasible unnecessary duplication of efforts in obtaining information
(29 U.S.C. 657).
    The following provisions of 29 CFR part 1926, subpart R (the
``Subpart'') contain paperwork requirements: Sec. Sec.  1926.752(a)(1)
and (a)(2); 1926.753(c)(5) and (e)(2); 1926.757(a)(7), (a)(9), and
(e)(4)(i); 1926.758(g); 1926.760(e) and (e)(1); 1926.761; and paragraph
(c)(4)(ii) of appendix G. These provisions ensure that:
    Designated parties, especially steel erectors, receive notice that
building materials, components, steel structures, and fall protection
equipment are safe for specific uses; and employees exposed to fall
hazards receive the required training in the recognition and control of
fall hazards. These paperwork requirements provide a direct and
efficient means for controlling contractors and steel erectors to
inform others (e.g., employees) of steel erection hazards and their
control, thereby preventing death and serious injury by ensuring that
structural steel members remain stable and that employees use fall
protection correctly.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirements
are necessary for the proper performance of the Agency's functions,
including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection requirements, including the
validity of the methodology and assumptions used;
     The quality, utility, and clarity of the information
collected; and
     Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information
collection and transmission techniques.

III. Proposed Actions

    The Agency is requesting that OMB extend its approval of the
information collection requirements contained in 29 CFR part 1926,
subpart R (``Steel Erection''). The Agency is proposing to retain its
existing burden hour estimate of 30,339 hours for the collection of
information requirements specified by the subpart.
    Type of Review: Extension of a currently approved collection.
    Title: 29 CFR part 1926, subpart R (``Steel Erection'').
    OMB Number: 1218-0241.
    Affected Public: Business or other for-profits.
    Number of Respondents: 20,781.
    Frequency: On occasion.
    Average Time Per Response: Varies from one minute (.02 hour) for a
controlling contractor to inform a steel erector to leave fall
protection at the jobsite to three hours for controlling contractors to
obtain approval from the project structural engineer of record before
modifying anchor bolts.
    Estimated Total Burden Hours: 30,339.
    Estimated Cost (Operation and Maintenance): $0.

IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (FAX); or (3) by hard copy. All
comments, attachments, and other material must identify the Agency name
and the OSHA docket number for the ICR (Docket No. OSHA-2008-0007). You
may supplement electronic submissions by uploading document files
electronically. If you wish to mail additional materials in reference
to an electronic or facsimile submission, you must submit them to the
OSHA Docket Office (see the section of this notice titled ADDRESSES).
The additional materials must clearly identify your electronic comments
by your name, date, and the docket number so the Agency can attach them
to your comments.
    Because of security procedures, the use of regular mail may cause a
significant delay in the receipt of comments. For information about
security procedures concerning the delivery of materials by hand,
express delivery, messenger, or courier service, please contact the
OSHA Docket Office at<PHONE_NUMBER> (TTY<PHONE_NUMBER>).
    Comments and submissions are posted without change at http://
www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as social security numbers and
date of birth. Although all submissions are listed in the http://
www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download through this
website. All submissions, including copyrighted material, are available
for inspection and copying at the OSHA Docket Office. Information on
using the http://www.regulations.gov Web site to submit comments and
access the docket is available at the website's ``User Tips'' link.
Contact the OSHA Docket Office for information about materials not
available through the Web site, and for assistance in using the
Internet to locate docket submissions.

V. Authority and Signature

    Edwin G. Foulke, Jr., Assistant Secretary of Labor for Occupational
Safety and Health, directed the preparation of this notice. The
authority for this notice is the Paperwork Reduction Act of 1995 (44
U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 5-2007 (72 FR
31159).

    Signed at Washington, DC, on February 8, 2008.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational Safety and Health.
 [FR Doc. E8-2671 Filed 2-13-08; 8:45 am]

BILLING CODE 4510-26-P


[Federal Register Volume 88, Number 94 (Tuesday, May 16, 2023)]
[Notices]
[Pages 31263-31264]
[FR Doc No: 2023-10397]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM98-1-000]

Records Governing Off-the-Record Communications; Public Notice

    This constitutes notice, in accordance with 18 CFR 385.2201(b), of
the receipt of prohibited and exempt off-the-record communications.
    Order No. 607 (64 FR 51222, September 22, 1999) requires Commission
decisional employees, who make or receive a prohibited or exempt off-
the-record communication relevant to the merits of a contested
proceeding,

to deliver to the Secretary of the Commission, a copy of the
communication, if written, or a summary of the substance of any oral
communication.
    Prohibited communications are included in a public, non-decisional
file associated with, but not a part of, the decisional record of the
proceeding. Unless the Commission determines that the prohibited
communication and any responses thereto should become a part of the
decisional record, the prohibited off-the-record communication will not
be considered by the Commission in reaching its decision. Parties to a
proceeding may seek the opportunity to respond to any facts or
contentions made in a prohibited off-the-record communication and may
request that the Commission place the prohibited communication and
responses thereto in the decisional record. The Commission will grant
such a request only when it determines that fairness so requires. Any
person identified below as having made a prohibited off-the-record
communication shall serve the document on all parties listed on the
official service list for the applicable proceeding in accordance with
Rule 2010, 18 CFR 385.2010.
    Exempt off-the-record communications are included in the decisional
record of the proceeding, unless the communication was with a
cooperating agency as described by 40 CFR 1501.6, made under 18 CFR
385.2201(e) (1) (v).
    The following is a list of off-the-record communications recently
received by the Secretary of the Commission. This filing may be viewed
on the Commission's website 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, please
contact FERC Online Support at [email protected] or toll free
at<PHONE_NUMBER>, or for TTY, contact<PHONE_NUMBER>.

----------------------------------------------------------------------------------------------------------------
               Docket Nos.                    File date                     Presenter or requester
----------------------------------------------------------------------------------------------------------------
Prohibited:
    CP20-55-000.........................          05-1-2023  FERC Staff.\1\
Exempt:
    1. CP16-22-000......................         04-26-2023  US Senator Sherrod Brown.
    2. CP17-458-000.....................         04-26-2023  US Representative Tom Cole.
    3. P-14861-002......................         04-28-2023  FERC Staff.\2\
    4. CP22-44-000......................         05-02-2023  FERC Staff.\3\
----------------------------------------------------------------------------------------------------------------
\1\ Emailed comments dated 4/28/2023 from Naomi Yoder.
\2\ Memo dated 4/28/23 regarding communication with the US Fish & Wildlife Service.
\3\ Summary of the 4/27/2023 phone call with Equitrans.

    Dated: May 10, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-10397 Filed 5-15-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: October 30, 2006 (Volume 71, Number 209)]
[Notices]
[Page 63300]
[DOCID:fr30oc06-69]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL07-9-000]

Wisconsin Public Power Inc.; Notice of Filing

October 24, 2006.
    Take notice that on October 11, 2006, Wisconsin Public Power Inc.
(WPPI) filed an initial Rate Schedule No. 2 and supporting cost data
which specifies its revenue requirement for cost based reactive supply
and voltage control from Generation Sources Service, as to the
resources located in one pricing area of the Midwest Independent
Transmission System Operator, Inc. (MISO). WPPI will provide the
subject Reactive Power Service from Units 1 and 4 of the South Fond du
Lac combustion turbine generating station, which is located in the
Wisconsin Power & Light Company subzone of the American Transmission
Company, LLC pricing zone within the control area administered by MISO.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

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

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

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on November 13, 2006.

Magalie R. Salas,
Secretary.
[FR Doc. E6-18134 Filed 10-27-06; 8:45 am]

BILLING CODE 6717-01-P