[Federal Register Volume 80, Number 240 (Tuesday, December 15, 2015)]
[Rules and Regulations]
[Pages 77573-77575]
[FR Doc No: 2015-31488]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0998]
RIN1625-AA00

Safety Zone, Delaware River; Marcus Hook, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters of the Delaware River in the vicinity of Marcus Hook,
Pennsylvania. The safety zone will temporarily restrict vessel traffic
from transiting or anchoring in a portion of the Delaware River while
rock blasting, dredging, and rock removal operations are being
conducted to facilitate the Delaware River Main Channel Deepening
project for the main navigational channel of the Delaware River. The
safety zone is needed to protect personnel, vessels, and the marine
environment from potential hazards created by rock blasting, dredging,
and rock removal operations. Entry of vessels or persons into this zone
is prohibited unless specifically authorized by the Captain of the
Port, Delaware Bay, or his designated representatives.

DATES: This rule is effective without actual notice from December 15,
2015 through March 15, 2016. For the purposes of enforcement, actual
notice will be used from December 4, 2015 through December 15, 2015.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2015-0998 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Brennan Dougherty, Sector Delaware Bay, Chief
Waterways Management Division, U.S. Coast Guard; telephone (215) 271-
4850, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency, for good cause, finds that
those procedures are ``impracticable, unnecessary, or contrary to the
public interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that
good cause exists for not publishing a notice of proposed rulemaking
(NPRM) with respect to this rule because doing so would be impractical
due to environmental restrictions which require all blasting operations
to be conducted between December 15, 2015 to March 15, 2016.
Furthermore, the final details of the rock blasting, dredging, and rock
removal operation were not received until October 28, 2015. Due to the
criticality of this phase of the Delaware River Main Channel Deepening
project, immediate action is needed to accommodate operations while
also ensuring vessels can safely transit through Marcus Hook Range in
Delaware River during this time. Going forward without establishing a
safety zone would expose mariners and the public to unnecessary dangers
associated with rock blasting, dredging, and rock removal operations.
    For similar reasons, under 5 U.S.C. 553(d)(3), the Coast Guard
finds that good cause exists for making this temporary rule effective
less than 30 days after publication in the Federal Register.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231; 33 CFR 1.05-1 and 160.5; and Department of Homeland Security
Delegation No. 0170.1. The Captain of the Port, Delaware Bay, has
determined that potential hazards associated with rock blasting,
dredging, and rock removal operations starting December 04, 2015 will
be a safety concern for anyone within 500 yards of rock blasting,
dredging, and rock removal operations. This rule is needed to protect
personnel, vessels, and the marine environment in the navigable waters
within the operational area.

IV. Discussion of the Rule

    This rule establishes a safety zone from December 15, 2004 until
March 15, 2016. The safety zone will cover all navigable waters in the
Delaware River within 500 yards of vessels and machinery being used by
personnel to conduct rock blasting, dredging, and rock removal. The
duration of the zone is intended to protect personnel, vessels, and the
marine environment in these navigable waters while operations are being
conducted. Entry into, transiting, or anchoring within the safety zone
is prohibited unless authorized by the Captain of the Port, Delaware
Bay, or his designated representative. For the duration of the project,
in the vicinity of the rock blasting, rock removal, and dredging
operation, one side of the main navigational channel will be closed.
Vessels wishing to transit the safety zone in the main navigational
channel may do so if they can make satisfactory passing arrangements
with drill boat APACHE or the dredge TEXAS in accordance with the
Navigational Rules in 33 CFR Subchapter E via VHF-FM Channel 13 at
least 30 minutes prior to arrival. If vessels are unable to make
satisfactory passing arrangements with the drill boat APACHE or the
dredge TEXAS, they may request permission from the Captain of the Port,
or his designated representative, on VHF-FM channel 16. All vessels
must operate at the minimum safe speed necessary to maintain steerage
and reduce wake.
    No vessels may transit through the safety zone during times of
explosives detonation. During rock blasting detonation vessels will be
required to maintain a 500 yard distance from the drill boat APACHE.
The drill boat APACHE will make broadcasts, via VHF-FM Channel 13 and
16, at 15 minutes, 5 minutes, and 1 minute prior to detonation, as well
as a countdown to detonation on VHF-FM Channel 16. Sector Delaware Bay
will ensure significant notice will be given to the maritime community
of dates and times of blasting via broadcast notice to mariners on VHF-
FM Channel 16. After every explosive detonation a survey will be
conducted to ensure the navigational channel is clear for vessels to
transit. The drill boat APACHE will broadcast, via VHF-FM channel 13
and 16, when the survey has been completed and the channel is clear to
transit. Vessels requesting to transit through the safety zone shall
proceed as directed by the designated representative of the Captain

of the Port, and shall contact the drill boat APACHE and the dredge
TEXAS on VHF-FM channel 13 for safe passing information.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    E.O.s 12866 and 13563 direct agencies to assess the costs and
benefits of available regulatory alternatives and, if regulation is
necessary, to select regulatory approaches that maximize net benefits.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has not been designated a ``significant
regulatory action,'' under E.O. 12866. Accordingly, it has not been
reviewed by the Office of Management and Budget.
    This regulatory action determination is based on the size,
location, duration, and traffic management of the safety zone. The
Coast Guard does not anticipate any significant economic impact because
the safety zone will be enforced in an area and in a manner that does
not conflict with transiting commercial and recreational traffic,
except for the short periods of time when explosive detonation
evolutions are being conducted. The blasting detonations will not occur
more than three times a day. At all other times, at least one side of
the main navigational channel will be open for vessels to transit.
Moreover, the Coast Guard will work in coordination with the pilots to
ensure vessel traffic is limited during the times of detonation and
Broadcast Notice to Mariners are made via VHF-FM marine channel 13 and
16 when blasting operations will occur.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to anchor in or
transit the safety zone may be small entities, for the reasons stated
in section V.A above, this rule will not have a significant economic
impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under E.O. 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 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. If you believe this rule has
implications for federalism or Indian tribes, please contact the person
listed in the FOR FURTHER INFORMATION CONTACT section above.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves a safety zone in force from December 04, 2015, to March
15, 2016 that prohibits entry within 500 yards of vessels and machinery
being used by personnel conducting rock blasting, dredging, and rock
removal operations in the Delaware River near Marcus Hook, PA between
the southern end of Marcus Hook Anchorage to the western end of Little
Tinicum Island, at the entrance to Darby Creek. It 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.

G. 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.

List of Subjects 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR 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 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add temporary Sec.  165.T05-0998, to read as follows:

Sec.  165.T05-0998  Safety Zone, Delaware River; Marcus Hook, PA.

    (a) Location. The following area is a safety zone: all the waters
of the Delaware River within 500 yards of the dredge performing rock
blasting, rock removal, and dredging operations, in the vicinity of
Marcus Hook, PA between the southern end of Marcus Hook Anchorage to
the western end of Little Tinicum Island, at the entrance to Darby
Creek.
    (b) Definitions. (1) The Captain of the Port means the Commander of
Sector Delaware Bay or any Coast Guard commissioned, warrant, or petty
officer who has been authorized by the Captain of the Port to act on
his behalf.
    (2) Designated representative means any Coast Guard commissioned,
warrant or petty officer who has been authorized by the Captain of the
Port, Delaware Bay, to assist in enforcing the safety zone described in
paragraph (a) of this section.
    (c) Regulations. The general safety zone regulations found in 33
CFR part 165 subpart C apply to the safety zone created by this
section.
    (1) All persons and vessels are prohibited from entering this zone,
except as authorized by the Captain of the Port, or his designated
representative.
    (2) Vessels wishing to transit the safety zone in the main
navigational channel may do so if they can make satisfactory passing
arrangements with the drill boat APACHE or the dredge TEXAS in
accordance with the Navigational Rules in 33 CFR Subchapter E via VHF-
FM Channel 13 at least 30 minutes prior to arrival. If vessels are
unable to make satisfactory passing arrangements with the drill boat
APACHE or the dredge TEXAS, they may request permission from the
Captain of the Port, or his designated representative, on VHF-FM
channel 16.
    (3) The operator of any vessel requesting to transit through the
safety zone shall proceed as directed by the designated representative
of the Captain of the Port and must operate at the minimum safe speed
necessary to maintain steerage and reduce wake.
    (4) No vessels may transit through the safety zone during times of
explosives detonation. During rock blasting detonation vessels will be
required to maintain a 500 yard distance from the drill boat APACHE.
The drill boat APACHE will make broadcasts, via VHF-FM Channel 13 and
16, at 15 minutes, 5 minutes, and 1 minute prior to detonation, as well
as a countdown to detonation on VHF-FM Channel 16.
    (5) After every explosive detonation a survey will be conducted to
ensure the navigational channel is clear for vessels to transit. The
drill boat APACHE will broadcast, via VHF-FM channel 13 and 16, when
the survey has been completed and the channel is clear to transit.
Vessels requesting to transit through the safety zone shall proceed as
directed by the designated representative of the Captain of the Port
and contact the drill boat APACHE on VHF-FM channel 13 to make safe
passing arrangements.
    (6) This section applies to all vessels wishing to transit through
the safety zone except vessels that are engaged in the following
operations:
    (i) Enforcing laws;
    (ii) Servicing aids to navigation; and
    (iii) Emergency response vessels.
    (7) No person or vessel may enter or remain in a safety zone
without the permission of the Captain of the Port;
    (8) Each person and vessel in a safety zone shall obey any
direction or order of the Captain of the Port;
    (9) No person may board, or take or place any article or thing on
board, any vessel in a safety zone without the permission of the
Captain of the Port; and
    (10) No person may take or place any article or thing upon any
waterfront facility in a safety zone without the permission of the
Captain of the Port.
    (d) Enforcement officials. The U.S. Coast Guard may be assisted by
Federal, State, and local agencies in the patrol and enforcement of the
zone.
    (e) Enforcement period. This rule will be enforced from December
04, 2015, to March 15, 2016, unless cancelled earlier by the Captain of
the Port.

    Dated: December 9, 2015.
Benjamin A. Cooper
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2015-31488 Filed 12-14-15; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 83, Number 29 (Monday, February 12, 2018)]
[Notices]
[Page 6012]
[FR Doc No: 2018-02771]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG18-42-000.
    Applicants: McBride Place Energy, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of McBride Place Energy, LLC.
    Filed Date: 2/2/18.
    Accession Number: 20180202-5211.
    Comments Due: 5 p.m. ET 2/23/18.

    Docket Numbers: EG18-43-000.
    Applicants: Wy'East Solar, LLC.
    Description: Notice of Self-Certification of Wy'East Solar, LLC.
    Filed Date: 2/5/18.
    Accession Number: 20180205-5099.
    Comments Due: 5 p.m. ET 2/26/18.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER13-343-008; ER13-342-012; ER16-700-001; ER16-701-
001.
    Applicants: CPV Shore, LLC, CPV Maryland, LLC, CPV Towantic, LLC,
CPV Valley, LLC.
    Description: Second Supplement to June 30, 2017 Market Power Update
of CPV Maryland, LLC, et al.
    Filed Date: 2/2/18.
    Accession Number: 20180202-5215.
    Comments Due: 5 p.m. ET 2/23/18.

    Docket Numbers: ER18-792-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: Over-Collected Losses Tariff
Revisions to be effective 5/1/2018.
    Filed Date: 2/2/18.
    Accession Number: 20180202-5180.
    Comments Due: 5 p.m. ET 2/23/18.

    Docket Numbers: ER18-801-000.
    Applicants: ITC Midwest LLC.
    Description: Sec.  205(d) Rate Filing: Third Amended and Restated
Corn Belt Interconnection Agreement to be effective 4/7/2018.
    Filed Date: 2/5/18.
    Accession Number: 20180205-5100.
    Comments Due: 5 p.m. ET 2/26/18.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: February 5, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-02771 Filed 2-9-18; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: December 15, 2006 (Volume 71, Number 241)]
[Notices]
[Page 75534-75535]
[DOCID:fr15de06-67]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Application To Amend License and Soliciting Comments,
Motions to Intervene, and Protests

December 11, 2006.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Non-project use of project lands and waters.
    b. Project No.: 271-103.
    c. Date Filed: November 22, 2006.
    d. Applicant: Entergy Arkansas, Inc. (Entergy).
    e. Name of Project: Carpenter-Remmel Project.
    f. Location: The project is located on the Quachita River in Hot
Springs and Garland Counties, Arkansas on Hamilton Lake. The project
does not occupy any Federal or tribal lands.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Blake Hogue, Hydro Operations, Entergy
Arkansas, Inc., 141 West County Line Road, Malvern, AR 72104. Phone:
(501) 844-2197.
    i. FERC Contact: Gina Krump<EMAIL_ADDRESS>202-502-6704.
    j. Deadline for filing comments and or motions: January 12, 2007.
    All documents (original and eight copies) should be filed with Ms.
Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426. Comments, protests, and
interventions may be filed electronically via the Internet in lieu of
paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the
Commission's Web site under the ``e-Filing'' link. Please reference
``Carpenter-Remmel Project, FERC Project No. 271-103'' on any comments
or motions filed.
    k. Description of the Application: Entergy requests Commission
approval to permit Casa Linda, LLC to construct a non-commercial marina
with a total of five boat slips measuring 10-feet wide by 24-feet long
with four-foot-wide fingers. Additionally, two 16 foot by 16 foot swim
docks will to be placed on each end of the outer boat slips, as well as
a boardwalk measuring approximately 400 feet long by 5 feet wide. All
facilities will be uncovered-stationary, wooden structures.
    l. Locations of the Application: This filing 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 ``E-

library'' 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_ADDRESS>or
toll-free at<PHONE_NUMBER>, or for TTY, contact<PHONE_NUMBER>. A copy
is also available for inspection and reproduction at the address in
item (h) above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene--Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Filing and Service of Responsive Documents--Any filings must
bear in all capital letters the title ``COMMENTS'', ``RECOMMENDATIONS
FOR TERMS AND CONDITIONS'', ``PROTEST'', or ``MOTION TO INTERVENE'', as
applicable, and the Project Number of the particular application to
which the filing refers. Any of the above-named documents must be filed
by providing the original and the number of copies provided by the
Commission's regulations to: The Secretary, Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426. A copy of any
motion to intervene must also be served upon each representative of the
Applicant specified in the particular application.

    p. Agency Comments--Federal, State, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-21417 Filed 12-14-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 66 (Friday, April 5, 2019)]
[Notices]
[Pages 13680-13681]
[FR Doc No: 2019-06640]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4399-DR; Docket ID FEMA-2019-0001]

Florida; Amendment No. 8 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster for the
State of Florida (FEMA-4399-DR), dated October 11, 2018, and related
determinations.

DATES: This amendment was issued March 9, 2019.

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: Notice is hereby given that, in a letter
dated March 9, 2019, the President amended the cost-sharing
arrangements regarding Federal funds provided under the authority of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42
U.S.C. 5121 et seq. (the ``Stafford Act''), in a letter to Pete Gaynor,
Acting Administrator, Federal Emergency Management Agency, Department
of Homeland Security, under Executive Order 12148, as follows:

    I have determined that the damage in certain areas of the State
of Florida resulting from Hurricane Michael during the period of
October 7 to October 19, 2018, is of sufficient severity and
magnitude that special cost sharing arrangements are warranted
regarding Federal funds provided under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq.
(the ``Stafford Act'').
    Therefore, I amend my declarations of October 11, 2018, and
October 14, 2018, to

authorize Federal funds for debris removal and emergency protective
measures (Categories A and B), including direct Federal assistance,
under the Public Assistance program at 100 percent of the total
eligible costs from October 10, 2018 through November 24, 2018.

(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.

Pete Gaynor,
Acting Administrator, Federal Emergency Management Agency.
[FR Doc. 2019-06640 Filed 4-4-19; 8:45 am]
BILLING CODE 9111-23-P


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

General Comment:Dear Mr. Zeller:

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 may want to respond to. I 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 it all takes time. I know that the FDA took many years to even come up with the Proposed Rule, so I do not think it is at all unreasonable to allow the public a mere six months to comment on it. This is our only opportunity, as consumers, to provide our own personal feedback.  I feel very strongly about e-cigarettes as an alternative to combustible cigarettes. Quite simply, I firmly believe that they saved my life, finally releasing me from a 25 year bond to smoking. 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 appreciate your consideration of my request and am happy to discuss this issue with you further.


RESPONSE TO THE STATE OF VERMONT’S COMMENTS

The State of Vermont commented on U.S. Environmental Protection
Agency’s proposal to conditionally approve Ohio’s new source review
(NSR) rule changes.  Vermont primarily commented on the requirements of
the federal NSR rules, not Ohio’s application of the federal
requirements in its own rules.  The more appropriate venue for these
comments would have been when EPA public noticed our rule changes.
However, this response to comment document contains the entire comment
letter submitted by Vermont on the May 11, 2005 proposal to
conditionally approve Ohio’s new source review rule changes.
Following each point made by Vermont, EPA responds to the comment.

Vermont’s comment:

Response:

	Thank you for your comments.  We have delayed approving Ohio’s rules
until the Court ruled in State of New York v. EPA.  Our approval is
consistent with the Court’s decision in this matter.

Vermont’s comment:

Response:

	The U.S. Court of Appeals has ruled that EPA’s program with respect
to this issue is permitted under the Clean Air Act and was upheld.  For
the reasons stated in the notice of final rulemaking, Ohio’s program
is being approved.

Vermont’s comment:

Response:

	The U.S. Court of Appeals has ruled that EPA’s program with respect
to this issue is permitted under the Clean Air Act and was upheld. For
the reasons stated in the notice of final rulemaking, Ohio’s program
is being approved.

Vermont’s comment:

Response:

	The “Clean Unit” provisions of the federal program were set aside
by the Court.  In a November 15, 2005 letter, the OEPA withdrew its
request for approval of all of its “clean unit” provisions.
Furthermore, on June 2, 2008 OEPA removed the “Clean Unit”
provisions from its rules. The action became effective June 30, 2008.
EPA is not approving these sections into the State Implementation Plan.

Response:

	EPA’s rules were upheld by the court which reviewed them,  State of
New York et al. v. EPA, No. 02-1387, 2005 WL 1489698, with the exception
of the pollution control project and clean unit provisions.  Therefore,
EPA’s rules (with the exception noted) are lawful, and for the reasons
stated in the notice of final rulemaking, Ohio’s program is being
approved.

Response:

As the commenters point out, Section 193 of the CAA provides in part
that: “No control requirement in effect ... before November 15, 1990,
in any area which is a non-attainment area for any air pollutant may be
modified after November 15, 1990, in any manner unless the modification
insures equivalent or greater emission reductions of such air
pollutant.”  CAA, 42 U.S.C. § 7515.

Assuming that section 193 applies to NSR, section 193 does not require
additional emission reductions before this SIP revision is approved.  As
of November 15, 1990, the approved SIP did not contain a major source
NSR program consistent with the requirements of the CAA, which requires
offsets for construction of major sources or major modifications in
nonattainment areas.  The SIP in effect on November 15, 1990 did include
a preconstruction permitting program, but that program did not require
offsets for any sources.  Under Ohio’s new rules, major sources are
subject to permitting requirements that are consistent with current CAA
requirements (while minor sources remain subject to the 1990 permitting
program).  This SIP revision affects only the major source permitting
program.

Thus, assuming that section 193 applies in some fashion to the
permitting program in the SIP as of November 15, 1990 as it applied to
major sources, that program did not achieve any "emission reductions"
from major sources because it did not require offsets for any sources.
It follows that if there were no emission reductions generated by the
1990 permitting program, then the section 193 requirement to provide
"equivalent or greater emission reductions" of any air pollutant as part
of this SIP revision would be satisfied with no additional reductions.
Furthermore, For the reasons stated in the notice of final rulemaking
with respect to Section 110(l), EPA has found that the net effect of
these changes will be neutral or environmentally beneficial.

 PAGE

 PAGE   5


[Federal Register: June 9, 2008 (Volume 73, Number 111)]
[Notices]
[Page 32570-32572]
[DOCID:fr09jn08-37]

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EVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2008-0312; FRL-8577-2]

Agency Information Collection Activities: Proposed Collection;
Comment Request; Servicing of Motor Vehicle Air Conditioners, EPA ICR
Number 1617.05, OMB Control Number 2060-0247

AGENCY: Environmental Protection Agency.

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that EPA is planning to
submit a request to renew an existing approved Information Collection
Request (ICR) to the Office of Management and Budget (OMB). This ICR is
scheduled to expire on December 31, 2008. Before submitting the ICR to
OMB for review and approval, EPA is soliciting comments on specific
aspects of the proposed information collection as described below.

DATES: Comments must be submitted on or before August 8, 2008.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2008-0312 by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: EPA Docket Center, Mailcode: 6102T, 1200
Pennsylvania Ave., NW., Washington, DC 20460.
     Hand Delivery: Public Reading Room, Room B102, EPA West
Building, 1301 Constitution Avenue, NW., Washington, DC, Attention
Docket ID No. EPA-HQ-OAR-2008-0312. Such deliveries are only accepted
during the Docket's normal hours of operation, and special arrangements
should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2008-0312. 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 whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://
www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail 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 and with any
disk or CD-ROM you submit. 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, any form of encryption, and be free of
any defects or viruses.

FOR FURTHER INFORMATION CONTACT: Karen Thundiyil, Stratospheric
Protection Division, Office of Atmospheric Programs, (MC 6205J),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number:
(202) 343-2163; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

How Can I Access the Docket and/or Submit Comments?

    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-OAR-2008-0312, which is available for online viewing at
http://www.regulations.gov, or in person viewing at the Air Docket in
the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution
Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Reading Room is<PHONE_NUMBER>,
and the telephone number for the Air Docket is<PHONE_NUMBER>.
    Use http://www.regulations.gov to obtain a copy of the draft
collection of information, submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the public docket that are available electronically. Once
in the system, select ``search,'' then key in the docket ID number
identified in this document.

What Information Is EPA Particularly Interested in?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically
solicits comments and information to enable it to:
    (i) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility;
    (ii) Evaluate the accuracy of the Agency's estimate of the burden
of the proposed collection of information, including the validity of
the methodology and assumptions used;
    (iii) Enhance the quality, utility, and clarity of the information
to be collected; and
    (iv) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. In particular, EPA is requesting comments from
very small businesses (those that employ less than 25 people) on
examples of specific additional efforts that EPA could make to reduce
the paperwork burden for very small businesses affected by this
collection.

What Should I Consider When I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your
comments:
    1. Explain your views as clearly as possible and provide specific
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used
that support your views.
    4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
    5. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified
under DATES.
    7. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.

What Information Collection Activity or ICR Does This Apply to?

    Affected entities: Entities potentially affected by this action are
new and used motor vehicle dealers, gasoline service

stations, general automotive repair shops, and automotive repair shops
not elsewhere classified.
    ICR numbers: EPA ICR No. 1617.05, OMB Control No. 2060-0247.
    ICR status: This ICR is currently scheduled to expire on December
31, 2008. An Agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information, unless it displays
a currently valid OMB control number. The OMB control numbers for EPA's
regulations in title 40 of the CFR, after appearing in the Federal
Register when approved, are listed in 40 CFR part 9, are displayed
either by publication in the Federal Register or by other appropriate
means, such as on the related collection instrument or form, if
applicable. The display of OMB control numbers in certain EPA
regulations is consolidated in 40 CFR part 9.
    Abstract: Section 609 of the Clean Air Act Amendments of 1990 (Act)
provides general guidelines for motor vehicle air conditioning (MVAC)
refrigerant handling and MVAC servicing. It states that ``no person
repairing or servicing motor vehicles for consideration may perform any
service on a motor vehicle air conditioner involving the refrigerant
for such air conditioner without properly using approved refrigerant
recovery and/or recovery and recycling equipment (hereafter referred to
as ``refrigerant handling equipment'') and no such person may perform
such service unless such person has been properly trained and
certified.''
    In 1992, EPA developed regulations under section 609 that were
published in 57 FR 31242, and codified at 40 CFR Subpart B (Sec.  82.30
et seq.). The information required to be collected under the Section
609 regulations is currently approved for use through December 31,
2008. This supporting statement is submitted to justify an extension of
the approval of use of this information. Pursuant to new requirements
under the Paperwork Reduction Act, a notice was published in the
Federal Register on October 4, 2005, announcing the intent to extend
the renewal of this Information Collection Request and requesting
comment on the renewal. Descriptions of the recordkeeping and reporting
requirements mandated by section 609 and delineated in 40 CFR 82
subpart B are summarized below in this section.
    Approved Refrigerant Handling Equipment: In accordance with Section
609(b)(2)(A), 40 CFR 82.36 requires that refrigerant handling equipment
be certified by EPA or independent standards testing organizations.
Certification standards are particular to the type of equipment and the
refrigerant to be recovered, and must be consistent with the Society of
Automotive Engineers (SAE) standards for MVAC equipment.
    Approved independent standards testing organizations: Section
609(b)(2)(A) of the Act requires independent laboratory testing of
refrigerant handling equipment to be certified by EPA. The
Stratospheric Protection Division (SPD) requires independent
laboratories to submit an application that documents: The
organization's capacity to accurately test equipment compliance with
applicable standards consistent with the SAE standards for handling
refrigerant, an absence of conflict of interest or financial benefit
based on test outcomes, and an agreement to allow EPA access to verify
application information. Once an independent laboratory has been
approved by EPA, the application is kept on file in the SPD. Two
laboratories--Underwriters Laboratories Inc. and ETL Testing
Laboratories--are currently approved to test refrigerant handling
equipment. EPA does not anticipate that any organizations will apply to
EPA in the future to become approved independent standards testing
organizations. Therefore, annual hours and costs related to information
submitted by these organizations have been eliminated.
    Technician training and certification: According to Section
609(b)(4) of the Act, automotive technicians are required to be trained
and certified in the proper use of approved refrigerant handling
equipment. Programs that perform technician training and certification
activities must apply to the SPD for approval by submitting
verification that its program meets EPA standards. The information
requested is used by the SPD to guarantee a degree of uniformity in the
testing programs for motor vehicle service technicians.
    Due to rapid developments in technology, the Agency requires that
each approved technician certification program conducts periodic
reviews and updates of test material, submitting a written summary of
the review and program changes to EPA every two years. After the test
has been approved by EPA, a hard copy remains on file with SPD.
Currently, 24 testing programs are approved by EPA to train technicians
in the proper use of refrigerant handling equipment. Six of these
programs are designed specifically for individual company's own
employees.
    Certification, reporting and recordkeeping: To facilitate
enforcement under Section 609, EPA has developed several recordkeeping
requirements. All required records must be retained on-site for a
minimum of three years, unless otherwise indicated.
    Section 609(c) of the Act states that by January 1, 1992, no person
may service any motor vehicle air conditioner without being properly
trained and certified, nor without using properly approved refrigerant
handling equipment. To this end, 40 CFR 82.42(a) states that by January
1, 1993, each service provider must have submitted to EPA on a one-time
basis a statement signed by the owner of the equipment or another
responsible officer that provides the name of the equipment purchaser,
the address of the service establishment where the equipment will be
located, the manufacturer name, equipment model number, date of
manufacture, and equipment serial number. The statement must also
indicate that the equipment will be properly used in servicing motor
vehicle air conditioners and that each individual authorized by the
purchaser to perform service is property trained and certified. The
information is used by the SPD to verify compliance with Section 609 of
the Act.
    Any person who owns approved refrigerant handling equipment must
maintain records of the name and address of any facility to which
refrigerant is sent. Additionally, any person who owns approved
refrigerant handling equipment must retain records demonstrating that
all persons authorized to operate the equipment are currently certified
technicians.
    Finally, any person who sells or distributes a class I or class II
refrigerant that is in a container of less than 20 pounds must verify
that the purchaser is a properly trained and certified technician,
unless the purchase of small containers is for resale only. In that
case, the seller must obtain a written statement from the purchaser
that the containers are for resale only, and must indicate the
purchaser's name and business address. When a certified technician
purchases small containers of refrigerant for servicing motor vehicles,
the seller must have a reasonable basis for believing the accuracy of
the information presented by the purchaser. In all cases, the seller
must display a sign where sales occur that states the certification
requirements for purchasers.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 0.13
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain,

or disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    The ICR provides a detailed explanation of the Agency's estimate,
which is only briefly summarized here:
    Estimated total number of potential respondents: 66,394.
    Frequency of response: On occasion.
    Estimated total average number of responses for each respondent: 1.
    Estimated total annual burden hours: 6,700 hours.
    Estimated total annual costs: $262,980.47. This includes an
estimated burden cost of $262,980.47 and an estimated cost of $0 for
capital investment or maintenance and operational costs.

Are There Changes in the Estimates From the Last Approval?

    There is a decrease of 182 hours in the total estimated respondent
burden compared with that identified in the ICR currently approved by
OMB. There are two reasons for this decrease in burden hours. In 2002,
it was estimated that there would be 4,000 purchases of small
containers of class I and class II refrigerant for resale only by
uncertified purchasers. It is estimated that at the time (in 2002),
there were an estimated 32 million R-12 MVACs on the road. Today, it is
estimated that there are only 11 million R-12 MVACs on the road, or
roughly 65% less than there were in 2002. Therefore, to account for the
decreased market for small containers of CFC-12 refrigerant, this ICR
estimates that the number of purchases for resale only by uncertified
purchasers of small cans will be 65% less than in 2002, or 1,370
purchases.
    The second reason the burden hours have decreased is that the
substantially identical equipment approval process is no longer
applicable. This portion of Section 609(b)(2)(B) of the Act and 40 CFR
82.36(b) allowed for equipment that was purchased before the proposal
of the regulations to be approved by EPA if it was substantially
identical to equipment that had been certified by the EPA or approved
independent laboratory. The substantially identical equipment
regulation only relates to CFC-12 recovery and recycling equipment
initially purchased before September 4, 1991; CFC-12 recovery-only
equipment initially purchased before April 22, 1992; HFC-134a recovery
and recycling, or recovery-only equipment initially purchased before
March 6, 1996; equipment that recovers but does not recycle any single,
specific refrigerant other than CFC-12 or HFC-134a that was initially
purchased before March 6, 1996; or equipment that recovers and recycles
HFC-134a and CFC-12 refrigerant using common circuitry that was
initially purchased before March 6, 1996. Because the average lifetime
of such equipment is roughly 7 years, all such equipment is obsolete
today. Therefore, documentation requirements related to this section
have been removed from this ICR. In the previous ICR, 12 establishment
burden hours and $1,200 annual costs were allocated to this activity.

What Is the Next Step in the Process for This ICR?

    EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval pursuant to 5 CFR 1320.12. At that time, EPA will
issue another Federal Register notice pursuant to 5 CFR
1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the
opportunity to submit additional comments to OMB. If you have any
questions about this ICR or the approval process, please contact the
technical person listed under FOR FURTHER INFORMATION CONTACT.

    Dated: June 2, 2008.
Brian J. McLean,
Director, Office of Atmospheric Programs.
[FR Doc. E8-12853 Filed 6-6-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 141 (Monday, July 25, 2022)]
[Notices]
[Pages 44128-44129]
[FR Doc No: 2022-15795]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2021-N-1156]

Kenneth Zipperer: Final Debarment Order

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is issuing an order
under the Federal Food, Drug, and Cosmetic Act (FD&C Act) debarring
Kenneth Zipperer for a period of 5 years from importing or offering for
import any drug into the United States. FDA bases this order on a
finding that Mr. Zipperer was convicted of one felony count under
Federal law relevant to these debarment proceedings for mail fraud. The
factual basis supporting Mr. Zipperer's conviction, as described below,
is conduct relating to the importation into the United States of a drug
or controlled substance. Mr. Zipperer was given notice of the proposed
debarment and was given an opportunity to request a hearing to show why
he should not be debarred. As of March 30, 2022 (30 days after receipt
of the notice), Mr. Zipperer had not responded. Mr. Zipperer's failure
to respond and request a hearing constitutes a waiver of his right to a
hearing concerning this matter.

DATES: This order is applicable July 25, 2022.

ADDRESSES: Submit applications for termination of debarment to the
Dockets Management Staff, Food and Drug Administration, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>, or at https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Jaime Espinosa, Division of
Enforcement (ELEM-4029), Office of Strategic Planning and Operational
Policy, Office of Regulatory Affairs, Food and Drug Administration,
12420 Parklawn Dr., Rockville, MD 20857,<PHONE_NUMBER>, or at
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Section 306(b)(1)(D) of the FD&C Act (21 U.S.C. 335a(b)(1)(D))
permits debarment of an individual from importing or offering for
import any drug into the United States if FDA finds, as required by
section 306(b)(3)(C) of the FD&C Act, that the individual has been
convicted of a felony for conduct relating to the importation into the
United States of any drug or controlled substance.
    On September 9, 2021, Mr. Zipperer was convicted, as defined in
section 306(l)(1) of FD&C Act, in the U.S. District Court for the
Western District of Wisconsin, when the court entered judgment against
him for two offenses, one of which is relevant to these debarment
proceedings: the offense of mail fraud, in violation of 18 U.S.C. 1341.
FDA's finding that debarment is appropriate is based on the felony
conviction referenced herein. The factual basis for this conviction is
as follows: Mr. Zipperer acknowledged in his plea and sentencing
hearing on September 9, 2021, that he owned and operated Zipperer
Financial LLC where he worked as an insurance broker selling Medicare
insurance policies to elderly individuals. Mr. Zipperer imported, via
U.S. mail, foreign-sourced prescription drugs from an internet pharmacy
company in India using the website ``www.alldaychemist.com.'' The
packages mailed from this pharmacy contained the return address of
Derric Wood in Delhi, India, and Mr. Zipperer had these packages
shipped to a P.O. Box he rented for Zipperer Financial LLC. Mr.
Zipperer imported many of the foreign-sourced prescription drugs in
wholesale quantities and broke down the bulk shipments and repackaged
them into retail quantities for his individual clients. Mr. Zipperer
distributed many of these foreign-sourced prescription medications to
his clients in person, though he had no valid wholesale distribution
license, pharmacy license, or license to prescribe prescription drugs.
    Further, as Mr. Zipperer acknowledged in his plea and sentencing
hearing on September 9, 2021, the prescription drugs Mr. Zipperer
distributed to his clients were misbranded because they were foreign-
sourced versions of various prescription drugs that were not approved
by FDA for use in the United States and were dispensed to consumers
without a valid prescription of a practitioner licensed by law to
administer such drugs. The drugs were therefore misbranded because they
did not contain adequate directions for use. Mr. Zipperer imported
these misbranded prescription drugs in boxes containing customs
declaration forms affixed outside the box that falsely declared that
the contents were personal supply medications.
    As a result of this conviction, FDA sent Mr. Zipperer, by certified
mail, on February 14, 2022, a notice proposing to debar him for a 5-
year period from importing or offering for import any drug into the
United States. The proposal was based on a finding under section
306(b)(3)(C) of the FD&C Act that Mr. Zipperer's felony conviction for
mail fraud, in violation of 18 U.S.C. 1341, was for conduct relating to
the importation into the United States of any drug or controlled
substance because he illegally imported misbranded prescription drugs
and then distributed those drugs, unlawfully, to consumers. In
proposing a debarment period, FDA weighed the considerations set forth
in section 306(c)(3) of the FD&C Act that it considered applicable to
Mr. Zipperer's offense and concluded that the offense warranted the
imposition of a 5-year period of debarment.
    The proposal informed Mr. Zipperer of the proposed debarment and
offered him an opportunity to request a hearing, providing him 30 days
from the date of receipt of the letter in which to file the request,
and advised him that failure to request a hearing constituted a waiver
of the opportunity for a hearing and of any contentions concerning this
action. Mr. Zipperer received the proposal and

notice of opportunity for a hearing on February 28, 2022. Mr. Zipperer
failed to request a hearing within the timeframe prescribed by
regulation and has, therefore, waived his opportunity for a hearing and
waived any contentions concerning his debarment (21 CFR part 12).

II. Findings and Order

    Therefore, the Assistant Commissioner, Office of Human and Animal
Food Operations, under section 306(b)(3)(C) of the FD&C Act, under
authority delegated to the Assistant Commissioner, finds that Mr.
Kenneth Zipperer has been convicted of a felony under Federal law for
conduct relating to the importation into the United States of any drug
or controlled substance. FDA finds that the offense should be accorded
a debarment period of 5 years as provided by section 306(c)(2)(A)(iii)
of the FD&C Act.
    As a result of the foregoing finding, Mr. Zipperer is debarred for
a period of 5 years from importing or offering for import any drug into
the United States, effective (see DATES). Pursuant to section 301(cc)
of the FD&C Act (21 U.S.C. 331(cc)), the importing or offering for
import into the United States of any drug or controlled substance by,
with the assistance of, or at the direction of Mr. Zipperer is a
prohibited act.
    Any application by Mr. Zipperer for termination of debarment under
section 306(d)(1) of the FD&C Act should be identified with Docket No.
FDA-2021-N-1156 and sent to the Dockets Management Staff (see
ADDRESSES). The public availability of information in these submissions
is governed by 21 CFR 10.20(j).
    Publicly available submissions will be placed in the docket and
will be viewable at https://www.regulations.gov or at the Dockets
Management Staff (see ADDRESSES) between 9 a.m. and 4 p.m., Monday
through Friday,<PHONE_NUMBER>.

    Dated: July 18, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022-15795 Filed 7-22-22; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 87, Number 139 (Thursday, July 21, 2022)]
[Rules and Regulations]
[Pages 43406-43407]
[FR Doc No: 2022-15463]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 31438; Amdt. No. 4017]

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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This rule establishes, amends, suspends, or removes Standard
Instrument Approach Procedures (SIAPS) and associated Takeoff Minimums
and Obstacle Departure procedures (ODPs) 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 July 21, 2022. 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 July 21, 2022.

ADDRESSES: Availability of matters incorporated by reference in the
amendment is as follows:

For Examination

    1. U.S. Department of Transportation, Docket Ops--M30. 1200 New
Jersey Avenue SE, West Bldg., Ground Floor, Washington, DC 20590-0001.
    2. The FAA Air Traffic Organization Service Area in which the
affected airport is located;
    3. The office of Aeronautical Information Services, 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, email
[email protected] or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free
of charge. Visit the National Flight Data Center at nfdc.faa.gov to
register. Additionally, individual SIAP and Takeoff Minimums and ODP
copies may be obtained from the FAA Air Traffic Organization Service
Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT: Thomas J. Nichols, Flight Procedures
and Airspace Group, Flight Technologies and Procedures Division, Flight
Standards Service, Federal Aviation Administration. Mailing Address:
FAA Mike Monroney Aeronautical Center, Flight Procedures and Airspace
Group, 6500 South MacArthur Blvd., Registry Bldg. 29, Room 104,
Oklahoma City, OK 73169. Telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends 14 CFR part 97 by
establishing, amending, suspending, or removes SIAPS, Takeoff Minimums
and/or ODPS. The complete regulatory 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 8260-3, 8260-4, 8260-5, 8260-15A, 8260-15B,
when required by an entry on 8260-15A, and 8260-15C.
    The large number of SIAPs, Takeoff Minimums and ODPs, their complex
nature, and the need for a special format make publication in the
Federal Register expensive and impractical. Further, airmen do not use
the regulatory text of the SIAPs, Takeoff Minimums or ODPs, but instead
refer to their graphic depiction on charts printed by publishers or
aeronautical materials. Thus, the advantages of incorporation by
reference are realized and publication of the complete description of
each SIAP, Takeoff Minimums and ODP listed on FAA form documents is
unnecessary. This amendment provides the affected CFR sections and
specifies the typed of SIAPS, Takeoff Minimums and ODPs with their
applicable effective dates. This amendment also identifies the airport
and its location, the procedure, and the amendment number.

Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as
listed in the ADDRESSES section.
    The material incorporated by reference describes SIAPS, Takeoff

Minimums and/or ODPs as identified in the amendatory language for Part
97 of this final rule.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP, Takeoff Minimums and ODP as amended 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
flights safety relating directly to published aeronautical charts.
    The circumstances that 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 procedure under 5 U.S.C. 553(b) are impracticable and contrary
to the public interest and, where applicable, under 5 U.S.C. 553(d),
good cause exists for making some SIAPs effective in less than 30 days.
    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.

Lists of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference,
Navigation (Air).

    Issued in Washington, DC, on July 8, 2022.
Thomas J. Nichols,
Aviation Safety, Flight Standards Service, Manager, Standards Section,
Flight Procedures & Airspace Group, Flight Technologies & Procedures
Division.

Adoption of the Amendment

    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 removing Standard Instrument
Approach Procedures and/or Takeoff Minimums and Obstacle Departure
Procedures effective at 0901 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(f), 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 August 2022

Louisville, GA, 2J3, RNAV (GPS) RWY 31, Orig-A
Mc Call, ID, KMYL, RNAV (GPS) RWY 34, Amdt 1B
Alexandria, LA, KAEX, RNAV (GPS) RWY 14, Amdt 1C
Alexandria, LA, KAEX, RNAV (GPS) RWY 36, Orig-D
Ann Arbor, MI, KARB, RNAV (GPS) RWY 24, Amdt 2F
Frankfort, MI, KFKS, RNAV (GPS) RWY 33, Amdt 1C
Greenwood, MS, KGWO, RNAV (GPS) RWY 5, Amdt 2B
Fremont, NE, KFET, Takeoff Minimums and Obstacle DP, Amdt 6B
Clearfield, PA, KFIG, RNAV (GPS) RWY 12, Orig-C
Bamberg, SC, 99N, Takeoff Minimums and Obstacle DP, Orig-A
Shelbyville, TN, KSYI, VOR RWY 18, Amdt 5C
Barre/Montpelier, VT, KMPV, RNAV (GPS) RWY 17, Amdt 1C

Effective 8 September 2022

Bonifay, FL, KBCR, RNAV (GPS) RWY 19, Orig-E
Milledgeville, GA, KMLJ, NDB RWY 28, Amdt 5
Hugoton, KS, KHQG, NDB RWY 2, Amdt 3, CANCELLED
Lake Charles, LA, KLCH, ILS OR LOC RWY 15, Amdt 23A
Falmouth, MA, KFMH, COPTER ILS Y OR LOC Y RWY 32, Orig
Falmouth, MA, KFMH, ILS Z OR LOC Z RWY 32, Amdt 2
Lawrence, MA, KLWM, RNAV (GPS) RWY 14, Orig
Lawrence, MA, KLWM, RNAV (GPS) RWY 32, Orig
Wiggins, MS, M24, RNAV (GPS) RWY 17, Orig
Wiggins, MS, M24, RNAV (GPS) RWY 35, Orig
Wiggins, MS, M24, Takeoff Minimums and Obstacle DP, Orig
Albemarle, NC, KVUJ, ILS OR LOC RWY 22L, Amdt 1D
Albemarle, NC, KVUJ, RNAV (GPS) RWY 22L, Orig-B
Newark, NJ, KEWR, Takeoff Minimums and Obstacle DP, Amdt 5A

    RESCINDED: On July 6, 2022 (87 FR 40095), the FAA published an
Amendment in Docket No. 31436, Amdt No. 4015, to Part 97 of the
Federal Aviation Regulations under section 97.29, and 97.33. The
following entries for, Selma, AL, Little Rock, AR, and Louisville,
KY, effective August 11, 2022, are hereby rescinded in their
entirety:

Selma, AL, KSEM, ILS Y OR LOC Y RWY 33, Amdt 1
Selma, AL, KSEM, ILS Z OR LOC Z RWY 33, Amdt 3
Little Rock, AR, KLIT, ILS OR LOC RWY 4L, Amdt 26C
Louisville, KY, KSDF, ILS OR LOC RWY 17R, Amdt 4A
Louisville, KY, KSDF, ILS OR LOC RWY 35L, ILS RWY 35L (SA CAT I),
ILS RWY 35L (CAT II), ILS RWY 35L (CAT III), Amdt 4A
Louisville, KY, KSDF, RNAV (GPS) Y RWY 17L, Amdt 1G

[FR Doc. 2022-15463 Filed 7-20-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 209 (Tuesday, October 29, 2013)]
[Notices]
[Page 64491]
[FR Doc No: 2013-25537]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP14-64-000
    Applicants: Ameren Energy Generating Company, AmerenEnergy Medina
Valley Cogen, L.L.C., Main Line Generation, LLC
    Description: Joint Petition of Ameren Energy Generating Company,
AmerenEnergy Medina Valley Cogen, L.L.C., and Main Line Generation, LLC
for Temporary Waiver of Capacity Release Regulations and Policies, and
Request for Expedited Treatment
    Filed Date: 10/21/13
    Accession Number: 20131021-5156
    Comments Due: 5 p.m. ET 10/28/13

    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.

Filings in Existing Proceedings

    Docket Numbers: RP12-813-003.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Second Compliance Filing to be effective 7/24/2013.
    Filed Date: 10/21/13.
    Accession Number: 20131021-5027.
    Comments Due: 5 p.m. ET 11/4/13.
    Docket Numbers: RP12-814-003.
    Applicants: Gulf Crossing Pipeline Company LLC.
    Description: Second Compliance Filing--Demand Charge Credits to be
effective 7/24/2013.
    Filed Date: 10/21/13.
    Accession Number: 20131021-5028.
    Comments Due: 5 p.m. ET 11/4/13.

    Any person desiring to protest in any of the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: October 22, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-25537 Filed 10-28-13; 8:45 am]
BILLING CODE 6717-01-P


STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 5

FUGITIVE DUST

Effective 2 August 1967

Last Amended 19 July 2007

AUTHORITY:	These regulations are authorized pursuant to R.I. Gen. Laws
§ 42-17.1-2(s) and 23-23, as amended, and have been promulgated
pursuant to the procedures set forth in the R.I. Administrative
Procedures Act, R.I. Gen. Laws Chapter 42-35.

RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 5

FUGITIVE DUST

Definitions

Unless otherwise expressly defined in this section, the terms used in
this regulation shall be defined by reference to the Rhode Island Air
Pollution Control General Definitions Regulation.

Applicability

		This regulation shall apply, but not be limited to, the generation of
airborne particulate matter from the following activities:

(a)	The demolition, construction or renovation of buildings, bridges or
other structures;

		(b)	Material stockpiles, including solid waste management facilities,
and earth moving activities, including the clearing of land and other
operations which cause airborne particulate matter;

		(c)	Stationary sources, as defined in the Air Pollution Control
Regulations, whose activities involve the handling of materials which
cause airborne particulate matter;

		(d)	Exterior surface preparation/resurfacing operations conducted on
buildings, bridges, or other structures that are not regulated by the
requirements of Air Pollution Control Regulation No. 24 entitled,
"Removal of Lead Based Paint from Exterior Surfaces", as well as surface
preparation/resurfacing operations conducted on vehicles, vessels, or
any other surfaces which cause airborne particulate matter;

		(e)	Vehicles transporting materials which cause airborne particulate
matter;

		(f)	Paved roads onto which earth or other material has been deposited
by trucking or earth-moving equipment, by erosion by water, by the
sanding and/or salting of roadways, or by other means;

		(g)	Commercial mining and/or quarrying operations including the
construction, maintenance, and operation of a commercial mining and/or
quarrying facility, as well as activities which involve the use of
explosive materials which cause airborne particulate matter; and

		(h)	Any other activities or operations which the Director may
determine cause airborne particulate matter.

Requirements

		No person shall cause or permit any materials, including but not
limited to sand, gravel, soil, aggregate and any other organic or
inorganic solid matter capable of releasing dust, to be handled,
transported, mined, quarried, stored or otherwise utilized in any way so
as to cause airborne particulate matter to travel beyond the property
line of the emission source without taking adequate precautions to
prevent particulate matter from becoming airborne.  Such precautions
shall be in accordance with good industrial practice as determined by
the Director and/or shall be other reasonable fugitive dust prevention
measures as determined by the Director.

General Provisions

Purpose

The purpose of this regulation is to limit the release of fugitive dust.

Authority

These regulations are authorized pursuant to R.I. Gen. Laws §
42-17.1-2(s) and 23-23, as amended, and have been promulgated pursuant
to the procedures set forth in the R.I. Administrative Procedures Act,
R.I. Gen. Laws Chapter 42-35

Application

The terms and provisions of this regulation shall be liberally construed
to permit the Department to effectuate the purposes of state law, goals
and policies.

Severability

If any provision of this regulation or the application thereof to any
person or circumstance, is held invalid by a court of competent
jurisdiction, the validity of the remainder of the regulation shall not
be affected thereby.

Effective Date

The foregoing regulation, "Fugitive Dust”, as amended, after due
notice, is hereby adopted and filed with the Secretary of State this
__29th_______ day of ____June______, 20_07 to become effective twenty
(20) days thereafter, in accordance with the provisions of Chapters
23-23, 42-35, 42-17.1, 42-17.6, of the General Laws of Rhode Island of
1956, as amended.

W. Michael Sullivan, PhD., Director

Department of Environmental Management

Notice Given on:	February 21, 2007

Public Hearing held:	  March 23, 2007

Filing Date:	June 29, 2007

Effective Date:   July 19, 2007

Page   PAGE  3  of 3


[Federal Register Volume 79, Number 70 (Friday, April 11, 2014)]
[Notices]
[Page 20197]
[FR Doc No: C1-2014-07812]

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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9909-14-Region-6]

Notice of Decision To Issue Clean Air Act Greenhouse Gas PSD
Permit for the La Paloma Energy Center

Correction

    In notice document 2014-07812 appearing on page 19329 in the issue
of April 8, 2014, make the following correction:
    On page 19329, in the third column, in the 10th line, ``[insert
date of publication]'' should read ``April 8, 2014''.

[FR Doc. C1-2014-07812 Filed 4-10-14; 8:45 am]
BILLING CODE 1505-01-D


[Federal Register Volume 78, Number 73 (Tuesday, April 16, 2013)]
[Rules and Regulations]
[Pages 22413-22414]
[FR Doc No: 2013-08814]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2012-1247; Airspace Docket No. 12-ANM-27]

Amendment of Class E Airspace; Omak, WA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action amends Class E airspace at Omak Airport, Omak, WA.
Decommissioning of the Nondirectional Radio Beacon (NDB) has made this
action necessary. This action also makes a minor change to the legal
description in reference to the Class E airspace extending upward from
4,500 feet Mean Sea Level (MSL). This improves the safety and
management of Instrument Flight Rules (IFR) operations at the airport.

DATES: Effective date, 0901 UTC, June 27, 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: Eldon Taylor, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA, 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    On January 24, 2013, the FAA published in the Federal Register a
notice of proposed rulemaking (NPRM) to amend controlled airspace at
Omak, WA (78 FR 5151). Interested parties were invited to participate
in this rulemaking effort by submitting written comments on the
proposal to the FAA. No comments were received.
    The FAA's Aeronautical Products Office requested the legal
description for the Class E airspace extending upward from 4,500 feet
MSL be rewritten for clarity. With the exception of editorial changes
and the changes described above, this rule is the same as that proposed
in the NPRM.
    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 Part 71.1. The Class
E airspace designations listed in this document will be published
subsequently in that 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 and 1,200 feet above the surface at Omak Airport,
Omak, WA. The Omak NDB navigation aid is being decommissioned and,
therefore, removed from the legal description. The size and shape of
the airspace will remain the same by using the Airport Reference Point
in describing the airspace. This action is necessary for the safety and
management of IFR operations.
    The FAA has determined this regulation only involves an established
body of technical regulations for which frequent and routine amendments
are necessary to keep them operationally current. Therefore, this
regulation: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act. The FAA's authority to
issue rules regarding aviation safety is found in Title 49 of the U.S.
Code. Subtitle 1, Section 106 discusses 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
additional controlled airspace at Omak Airport, Omak, WA.

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 Part 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 of the earth.

* * * * *

ANM WA E5 Omak, WA [Amended]

Omak Airport, WA
    (Lat. 48[deg]27'52'' N., long. 119[deg]31'05'' W.)

    That airspace extending upward from 700 feet above the surface
within a 4.3-mile radius of the Omak Airport, and within 1.8 miles
each side of the 177[deg] bearing of the Omak Airport extending from
the 4.3-mile radius to 7.5 miles south of the airport; that airspace
extending upward from 1,200 feet above the surface within 6.1 miles
east and 8.7 miles west of the 177[deg] and 357[deg] bearings of the
Omak Airport extending from 6.5 miles north to 17.9 miles south of
the airport; that airspace extending upward from 4,500 feet MSL
beginning at lat. 48[deg]00'00'' N., long. 118[deg]36'04'' W.; to
lat. 47[deg]45'00'' N., long. 118[deg]36'04'' W.; to lat.
47[deg]45'00'' N., long. 120[deg]00'04'' W.; to lat. 48[deg]00'00''
N., long. 120[deg]00'04'' W.; to lat. 48[deg]00'00'' N., long.
119[deg]35'04'' W.; to lat. 48[deg]09'46'' N., long. 119[deg]36'06''
W.; to lat. 48[deg]10'14'' N., long. 119[deg]23'05'' W.; to lat.
48[deg]00'00'' N., long. 119[deg]22'24'' W., thence to the point of
origin; that airspace extending upward from 8,500 feet MSL bounded
on the north by the U.S./Canadian border, on the east by long.
119[deg]00'04'' W., on the south by lat. 47[deg]59'59'' N., and on
the west by a line from lat. 47[deg]59'59'' N., long.
120[deg]30'04'' W.; to lat. 49[deg]00'00'' N., long. 120[deg]00'04''
W.

    Issued in Seattle, Washington, on April 4, 2013.
Clark Desing,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2013-08814 Filed 4-15-13; 8:45 am]
BILLING CODE 4910-13-P