[Federal Register: January 3, 2008 (Volume 73, Number 2)]
[Rules and Regulations]
[Page 400-402]
[DOCID:fr03ja08-5]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-28843 Directorate Identifier 2007-CE-065-AD;
Amendment 39-15317; AD 2007-26-25]
RIN 2120-AA64

Airworthiness Directives; DG Flugzeugbau GmbH Model DG-500MB
Gliders

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) issued by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:

    In some cases the electric motor of the spindle drive detached
itself from the spindle drive, causing the powerplant to retract
itself after engine shutdown. In another case the attachment fork on
the spindle drive failed with the same consequences.

We are issuing this AD to require actions to correct the unsafe
condition on these products.

DATES: This AD becomes effective February 7, 2008.
    On February 7, 2008, the Director of the Federal Register approved
the incorporation by reference of certain publications listed in this
AD.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov
 or in person at 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: Greg Davison, Glider Program Manager,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on August 20, 2007 (72
FR 46411). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

    In some cases the electric motor of the spindle drive detached
itself from the spindle drive, causing the powerplant to retract
itself after engine shutdown. In another case the attachment fork on
the spindle drive failed with the same consequences.

    The MCAI requires you to modify the affected parts and exchange
pages in the flight, maintenance, and repair manuals.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.
    The FAA reviewed the proposed requirement of the NPRM to exchange
pages in the flight, maintenance, and repair manuals. We have
determined that the exchange of certain pages in the flight,
maintenance, and repair manuals is outside the scope of what is needed
to correct the unsafe condition for aircraft of U.S. registry.

Conclusion

    We reviewed the available data and determined that air safety and
the public interest require adopting the AD as proposed, except for
eliminating the need to exchange manual pages.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use

different words from those in the MCAI to ensure the AD is clear for
U.S. operators and is enforceable. In making these changes, we do not
intend to differ substantively from the information provided in the
MCAI and related service information.
    We might also have required different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect 5 products of U.S. registry.
We also estimate that it will take about 5 work-hours per product to
comply with basic requirements of this AD. The average labor rate is
$80 per work-hour. Required parts will cost about $422 per product.
    Based on these figures, we estimate the cost of this AD to the U.S.
operators to be $4,110 or $822 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. 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.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have 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.
    For the reasons discussed above, I certify this AD:
    (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) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD Docket.

Examining the AD Docket

    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 the NPRM, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Office (telephone<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2007-26-25 DG Flugzeugbau GmbH: Amendment 39-15317; Docket No. FAA-
2007-28843; Directorate Identifier 2007-CE-065-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective February
7, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model DG-500MB gliders, all serial
numbers, certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 24: Electric
Power.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    In some cases the electric motor of the spindle drive detached
itself from the spindle drive, causing the powerplant to retract
itself after engine shutdown. In another case the attachment fork on
the spindle drive failed with the same consequences.

The MCAI requires you to modify the affected parts and exchange
pages in the flight, maintenance, and repair manuals.

Actions and Compliance

    (f) Unless already done, within 90 days after February 7, 2008
(the effective date of this AD):
    (1) Secure the connection between the spindle drive ``Stross
BSA10'' and the spindle drive motor following DG Flugzeugbau GmbH
Working instruction No. 1, dated January 23, 2006, as referenced in
DG Flugzeugbau GmbH Technical Note No. 843-24, dated January 31,
2006.
    (2) Replace the fork 8M233/1 from the spindle drive with the
strengthened fork 8M233``f''; replace the bearing support with the
modified support 8M229``e''; and secure the spindle drive fork
between the spindle drive ``Stross BSA10'' and the spindle drive
motor following DG Flugzeugbau GmbH Working instruction No. 2, dated
January 30, 2006, as referenced in DG Flugzeugbau GmbH Technical
Note No. 843-24, dated January 31, 2006; DG Flugzeugbau GmbH Drawing
5M210, Spindle drive Stross BSA 10 assembly, issued: January 22,
2003, revised: May 19, 2006; and DG Flugzeugbau GmbH Drawing 5M211,
Spindle drive Stross BSA 10 assembly with strengthened fork
8M233``f'', issued: January 23, 2006.

    Note 1: We recommend that you insert and update the new Flight
Manual pages 0.1, 0.3, 0.4, 2.8, 3.7, 3.8, 4.1, 4.25, 4.26; the new
Maintenance Manual pages 1, 2, 3, 4, 5, 42, 49, 68, 89, 89a, 93, and
Enclosure 1; and the new Repair Manual pages 1, 2, 7, and 8
following DG Flugzeugbau GmbH Technical Note No. 843-24, dated
January 31, 2006.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information
as follows:
    (1) The service information specifies a one-time inspection of
the fork and requires replacement if cracks are found. This AD
requires mandatory replacement of these parts with redesigned parts.
The FAA believes mandatory replacement rather than inspection will
prevent failure of these parts in the future.
    (2) The MCAI requires, for gliders certificated for operation in
Germany, to have the pages in the flight, maintenance, and repair
manuals exchanged.We have determined that the exchange of these
pages is outside the scope of what is needed to correct the unsafe
condition for gliders certificated for operation in the United
States.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Greg Davison, Glider Program

Manager, FAA, Small Airplane Directorate, 901 Locust, Room 301,
Kansas City, Missouri 64106; telephone:<PHONE_NUMBER>; fax: (816)
329-4090. Before using any approved AMOC on any airplane to which
the AMOC applies, notify your appropriate principal inspector (PI)
in the FAA Flight Standards District Office (FSDO), or lacking a PI,
your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI Federal Republic of Germany Luftfahrt-
Bundesamt AD D-2006-060, dated March 6, 2006; and DG Flugzeugbau
GmbH Technical Note No. 843-24, dated January 31, 2006.

Material Incorporated by Reference

    (i) You must use DG Flugzeugbau GmbH Technical Note No. 843-24,
dated January 31, 2006; DG Flugzeugbau GmbH Working instruction No.
1, dated January 23, 2006; DG Flugzeugbau GmbH Working instruction
No. 2, dated January 30, 2006; DG Flugzeugbau GmbH Drawing 5M210,
Spindle drive Stross BSA 10 assembly, revised May 19, 2006; and DG
Flugzeugbau GmbH Drawing 5M211, Spindle drive Stross BSA 10 assembly
with strengthened fork 8M233``f'', dated January 23, 2006, to do the
actions required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact DG
Flugzeugbau GmbH, Im Schollengarten 20, D-76646 Bruchsal 4, Federal
Republic of Germany.
    (3) You may review copies at the FAA, Central Region, Office of
the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri
64106; or at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html
.

    Issued in Kansas City, Missouri, on December 20, 2007.
John R. Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-25212 Filed 1-2-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register: April 2, 1999 (Volume 64, Number 63)]
[Proposed Rules]
[Page 15948-15949]
[DOCID:fr02ap99-15]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 101

[Docket No. 99N-0554]

Implementation of the Food and Drug Administration Modernization
Act; Provisions for Use in Food Labeling of Health Claims and Nutrient
Content Claims Based on Authoritative Statements; Public Meeting;
Correction

AGENCY: Food and Drug Administration, HHS.

ACTION: Announcement of public meeting; correction.

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SUMMARY: The Food and Drug Administration (FDA) is correcting a
document that appeared in the Federal Register of March 24, 1999 (56 FR
14178). This document announced a forthcoming public meeting concerning
implementation of sections 303 and 304 of the FDA Modernization Act of
1997. The document published with an incorrect title. This document
corrects that error.

FOR FURTHER INFORMATION CONTACT: Joyce A. Strong, Office of Policy (HF-

27), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD
20857,<PHONE_NUMBER>.

    In FR Doc. 99-7115, appearing on page 14178 in the Federal Register
of March 24, 1999, the following correction is made:
    On page 14178, in the second column, the title ``How to Use Health
Claims and Nutrient Content Claims in Food Labeling; Public Meeting''
is corrected to read ``Implementation of the Food and Drug
Administration Modernization Act; Provisions for Use in Food Labeling
of Health Claims and Nutrient Content Claims Based on Authoritative
Statements; Public Meeting''.

    Dated: March 25, 1999.
William K. Hubbard,
Acting Deputy Commissioner for Policy.
[FR Doc. 99-8094 Filed 4-1-99; 8:45 am]
BILLING CODE 4160-01-F


[Federal Register Volume 75, Number 140 (Thursday, July 22, 2010)]
[Notices]
[Page 42730]
[FR Doc No: 2010-17887]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13728-000]

Goodwin Power, LLC; Notice of Preliminary Permit Application
Accepted for Filing and Soliciting Comments, Motions To Intervene, and
Competing Applications

July 15, 2010.
    On May 10, 2010, Goodwin Power, LLC filed an application, pursuant
to section 4(f) of the Federal Power Act, proposing to study the
feasibility of the Goodwin Dam Project, located on the Stanislaus River
in Tuolumne and Calaveras counties, California. The sole purpose of a
preliminary permit, if issued, is to grant the permit holder priority
to file a license application during the permit term. A preliminary
permit does not authorize the permit holder to perform any land-
disturbing activities or otherwise enter upon lands or waters owned by
others without the owners' express permission.
    The proposed project would be located at the existing Goodwin dam
\1\ and would harness water that currently flows over the spillway of
the Goodwin dam. The proposed project would consist of: (1) One
electrical generating unit, with a total installed capacity of 4
megawatts; (2) a 300-foot-long, 9-foot-diameter steel penstock to be
installed through the dam body close to the southern abutment; (3) a
powerhouse to be constructed approximately 300 feet below the Goodwin
dam on the south side of the Stanislaus River; (4) an approximately 50-
foot-long, 20-foot-wide tailrace canal that would take water from the
powerhouse to the river bed; (5) a 15-foot-wide, gravel or other all-
weather surface access road to be constructed from Tulloch Road to the
powerhouse; (6) a new switchyard and 138-kilovolt transmission overhead
line or buried cable approximately 1.5 miles in length that would
connect to Pacific Gas and Electric Company's transmission lines at
Tulloch dam; \2\ and (7) appurtenant facilities.
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    \1\ The existing Goodwin dam is owned by the Oakdale Irrigation
District and San Joaquin Irrigation District.
    \2\ Tulloch dam is a component of the Tulloch Hydroelectric
Project (FERC Project No. 2067), which is owned and operated by Tri-
Dam Project. The Tulloch Hydroelectric Project connects to
transmission lines owned and operated by Pacific Gas and Electric
Company.
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    Applicant Contact: Mr. Magn[uacute]s J[oacute]hannesson; America
Renewables, LLC; 28605 Quailhill Drive, Rancho Palos Verdes, CA 90275;
310-699-6400<EMAIL_ADDRESS>    FERC Contact: Carolyn Templeton<PHONE_NUMBER>;
<EMAIL_ADDRESS>    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Comments, motions to intervene, notices of intent, and competing
applications may be filed electronically via the Internet. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. If unable to be filed electronically,
documents may be paper-filed. To paper-file, an original and eight
copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426. For
more information on how to submit these types of filings, please go to
the Commission's Web site located at http://www.ferc.gov/filing-comments.asp. More information about this project can be viewed or
printed on the ``eLibrary'' link of the Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number (P-
13728) in the docket number field to access the document. For
assistance, call toll free 1-866-208-3372.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-17887 Filed 7-21-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 80 (Thursday, April 25, 2019)]
[Proposed Rules]
[Pages 17365-17368]
[FR Doc No: 2019-08308]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2019-0176; FRL-9992-65-Region 9]

Air Plan Approval; California; South Coast Air Quality Management
District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a revision to the South Coast Air Quality Management District
(SCAQMD) portion of the California State Implementation Plan (SIP).
This revision concerns emissions of oxides of nitrogen (NOX)
from on-road heavy-duty vehicles. We are proposing to approve a local
measure to reduce NOX emissions from these emission sources
under the Clean Air Act (CAA or the Act). We are taking comments on
this proposal and plan to follow with a final action.

DATES: Any comments must arrive by May 28, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2019-0176 at https://www.regulations.gov. For comments submitted at
Regulations.gov, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e., on the web, cloud, or other file sharing system). For
additional submission methods, please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public
comment policy, information about CBI or multimedia submissions, and
general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Rynda Kay, EPA Region IX, 75 Hawthorne
Street, San Francisco, CA 94105,<PHONE_NUMBER>, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.

Table of Contents

I. The State's Submittal
    A. What measure did the State submit?
    B. Are there other versions of this measure?
    C. What is the purpose of the submitted measure?
II. The EPA's Evaluation and Proposed Action
    A. How is the EPA evaluating the measure?
    B. Does the measure meet the evaluation criteria?
    C. Proposed action and request for public comment
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. The State's Submittal

A. What measure did the State submit?

    Table 1 lists the measure addressed by this proposal with the date
that it was adopted by the California Air Resources Board (CARB). We
refer to this measure as the ``South Coast Incentive Measure.''

                                           Table 1--Submitted Measure
----------------------------------------------------------------------------------------------------------------
               Agency                Resolution No.         Measure title             Adopted        Submitted
----------------------------------------------------------------------------------------------------------------
CARB...............................            18-3  South Coast On-Road Heavy-         03/22/18        05/04/18
                                                      Duty Vehicle Incentive
                                                      Measure.
----------------------------------------------------------------------------------------------------------------

    On November 4, 2018, the submittal for the South Coast Incentive
Measure was deemed by operation of law to meet the completeness
criteria in 40 CFR part 51 Appendix V, which must be met before formal
EPA review.

B. Are there other versions of this measure?

    There are no previous versions of the South Coast Incentive Measure
in the SIP.

C. What is the purpose of the submitted measure?

    Emissions of NOX contribute to ground-level ozone, smog
and particular matter, which harm human health and the environment. The
CAA generally requires states to submit control measures to reduce
NOX emissions in ozone nonattainment areas.
    On July 18, 1997, the EPA revised the national ambient air quality
standard (NAAQS or ``standards'') for ozone to establish an 8-hour
ozone standard of 0.08 parts per million (ppm).\1\ Effective June 15,
2004, the EPA designated and classified the Los Angeles-South Coast Air
Basin (``South Coast'') as a Severe nonattainment area for the 1997
ozone NAAQS.\2\ On May 5, 2010, EPA reclassified the South Coast as an
Extreme area for the 1997 ozone NAAQS with an attainment date of June
15, 2024.\3\ The EPA has previously approved various SIP revisions
submitted by California to provide for expeditious attainment of the
1997 ozone NAAQS in the South Coast and to meet other applicable
planning requirements in the Clean Air Act.\4\ The South Coast is also
designated and classified as an Extreme nonattainment area for the 1-
hour ozone NAAQS promulgated in 1979, the revised 8-hour ozone NAAQS
promulgated in 2008, and the revised 8-hour ozone NAAQS promulgated in
2015.\5\
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    \1\ 62 FR 38856 (July 18, 1997).
    \2\ 40 CFR 81.305, 69 FR 23858, 23888-89 (April 30, 2004).
    \3\ 75 FR 24409 (May 5, 2010).
    \4\ See, e.g., 77 FR 12674 (March 1, 2012), 79 FR 52539
(September 3, 2014).
    \5\ 40 CFR 81.305, 77 FR 30088 (May 21, 2012), and 83 FR 25776
(June 4, 2018).
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    On April 27, 2017, CARB submitted the ``Final 2016 Air Quality
Management Plan,'' March 2017 (``2016 AQMP'') and the ``Revised
Proposed 2016 State Strategy for the State Implementation Plan,'' March
7, 2017 (``State SIP Strategy''), which contain, inter alia, a revised
attainment demonstration and revised commitments to achieve specific
amounts of emission reductions by 2023 for the 1997 ozone NAAQS. The
2016 AQMP also contains an attainment demonstration and commitments to
achieve specific amounts of emission reductions by 2031 for the 2008
ozone NAAQS, in addition to revised attainment plan components for the
1979 1-hour ozone NAAQS. The purpose of the South Coast Incentive
Measure is to satisfy a portion of the State's emission reduction
commitments for the 1997 ozone NAAQS.
    The South Coast Incentive Measure is a set of enforceable
commitments by CARB to, among other things, monitor the SCAQMD's
implementation of 1,300 on-road heavy-duty compression ignition truck
repower and replacement projects during the 2019-2022 timeframe in the
South Coast in accordance with specified portions of the Carl Moyer
Program Guidelines, 2017 Revisions, approved April 27, 2017 (``2017
Carl Moyer Guidelines''). These program requirements ensure, among
other things, that older, dirtier truck engines currently in operation
in the South Coast will be replaced with less-polluting engines.
    The South Coast Incentive Measure obligates CARB to achieve
specific amounts of NOX emission reductions through
implementation of the program by a specific year, to submit annual
reports to the EPA beginning on March 31, 2020, detailing its
implementation of the program and the projected emission reductions,
and to adopt and submit substitute measures by specific dates if the
EPA determines that the program will not achieve the necessary emission
reductions by the applicable implementation deadline.
    We are proposing to approve the South Coast Incentive Measure into
the California SIP and to make the obligations stated therein
enforceable by the EPA and by citizens under the CAA. The State relies
on the measure to achieve 1 ton per day of NOX emission
reductions in 2023 for purposes of meeting the requirements for
attainment of the 1997 ozone NAAQS. We intend to evaluate California's
submitted ozone attainment plans for South Coast through subsequent
notice-and-comment rulemaking actions, as appropriate. The EPA's
technical support document (TSD) has more information about this
measure.

II. The EPA's Evaluation and Proposed Action

A. How is the EPA evaluating the measure?

    Generally, SIP control measures must be enforceable (see CAA
section 110(a)(2)), must not interfere with applicable requirements
concerning attainment and reasonable further progress or other CAA
requirements (see CAA section 110(l)), and must not modify certain SIP
control requirements in nonattainment areas without ensuring equivalent
or greater emissions reductions (see CAA section 193).
    The CAA explicitly provides for the use of economic incentive
programs (EIPs) as one tool for states to use to achieve attainment of
the NAAQS.\6\ EIPs use market-based strategies to encourage the
reduction of emissions from stationary, area, and mobile sources in an
efficient manner. EPA has promulgated regulations for statutory EIPs
required under section 182(g) of the Act and has issued guidance for
discretionary EIPs.\7\
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    \6\ See, e.g., CAA sections 110(a)(2)(A), 172(c)(6), and
183(e)(4).
    \7\ 59 FR 16690 (April 7, 1994), codified at 40 CFR part 51,
subpart U and EPA, ``Improving Air Quality with Economic Incentive
Programs,'' January 2001 (``2001 EIP Guidance''). A ``discretionary
economic incentive program'' is ``any EIP submitted to the EPA as an
implementation plan revision for purposes other than to comply with
the statutory requirements of sections 182(g)(3), 182(g)(5),
187(d)(3), or 187(g) of the Act.'' 40 CFR 51.491.
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    The EPA's guidance documents addressing EIPs and other
nontraditional programs provide for some flexibility in meeting
established SIP requirements for enforceability and quantification of
emission reductions, provided the State takes clear responsibility for
ensuring that the emission reductions necessary to meet applicable CAA
requirements are achieved. Accordingly, the EPA has consistently stated
that nontraditional emission reduction measures submitted to satisfy
SIP requirements under the Act must be accompanied by appropriate
``enforceable commitments'' from the State to monitor emission
reductions achieved and to rectify

shortfalls in a timely manner.\8\ The EPA has also consistently stated
that, where a state intends to rely on a nontraditional program to
satisfy CAA requirements, the state must demonstrate that the program
achieves emission reductions that are quantifiable, surplus,
enforceable, and permanent.\9\
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    \8\ See, e.g., EPA, ``Guidance on Incorporating Voluntary Mobile
Source Emission Reduction Programs in State Implementation Plans
(SIPs),'' Richard D. Wilson, Acting Assistant Administrator for Air
and Radiation, October 24, 1997 (``1997 VMEP''), 4-5.
    \9\ See, e.g., 2001 EIP Guidance, section 4.1.
---------------------------------------------------------------------------

    Guidance documents that we use to evaluate discretionary EIPs and
other nontraditional emission reduction programs include the following:
     ``Guidance on Incorporating Voluntary Mobile Source
Emission Reduction Programs in State Implementation Plans (SIPs),''
Richard D. Wilson, Acting Assistant Administrator for Air and
Radiation, October 24, 1997 (``1997 VMEP'').
     ``Improving Air Quality with Economic Incentive Programs''
January 2001 (EPA-452/R-01-001) (``2001 EIP Guidance'').
     ``Incorporating Emerging and Voluntary Measure in a State
Implementation Plan (SIP),'' Stephen D. Page, OAQPS, October 4, 2004
(``2004 Emerging and Voluntary Measures Guidance'').
     ``Guidance on Incorporating Bundled Measures in a State
Implementation Plan,'' Stephen D. Page, OAQPS, and Margo Oge, OTAQ,
August 16, 2005 (``2005 Bundled Measures Guidance'').
     ``Diesel Retrofits: Quantifying and Using Their Emission
Benefits in SIPs and Conformity: Guidance for State and Local Air and
Transportation Agencies,'' February 2014 (EPA-420-B-14-007) (``2014
Diesel Retrofits Guidance'').

B. Does the measure meet the evaluation criteria?

    The South Coast Incentive Measure contains clear, mandatory
obligations that are enforceable against CARB and ensure that
information about the emission reductions achieved through the program
will be readily available to the public through CARB's submission of
annual reports to the EPA. Our approval of the South Coast Incentive
Measure would make these obligations enforceable by the EPA and by
citizens under the CAA. The South Coast Incentive Measure obligates the
State to implement a program that achieves quantifiable, surplus,
permanent, and enforceable NOX emission reductions and does
not alter any existing SIP requirements. Our approval of this measure
would strengthen the SIP and would not interfere with applicable
requirements concerning attainment and reasonable further progress or
other CAA requirements, consistent with the requirements of CAA section
110(l). Section 193 of the CAA does not apply to this action because
this measure does not modify any SIP control requirement that was in
effect before November 15, 1990.
    We are proposing to find that the South Coast Incentive Measure
satisfies CAA requirements for enforceability, SIP revisions, and
nontraditional emission reduction programs as interpreted in EPA
guidance documents. The TSD contains more information on our evaluation
of this measure.

C. Proposed Action and Request for Public Comment

    The EPA proposes to fully approve the submitted measure under CAA
section 110(k)(3) based on a conclusion that the measure satisfies all
applicable requirements. We will accept comments from the public on
this proposal until May 28, 2019. If we take final action to approve
the submitted measure, our final action will incorporate this measure
into the federally enforceable SIP.

III. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference the CARB measure described in Table 1 of this preamble. The
EPA has made, and will continue to make, these materials available
through www.regulations.gov and at the EPA Region IX Office (please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section of this preamble for more information).

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, 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, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this proposed action merely proposes to approve state law
as meeting federal requirements and does not impose additional
requirements beyond those imposed by state law. For that reason, this
proposed 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     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
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide the EPA with the discretionary authority
to address disproportionate human health or environmental effects with
practical, appropriate, 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 the 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).

List of Subjects in 40 CFR Part 52

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

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

    Dated: April 4, 2019.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2019-08308 Filed 4-24-19; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 87 (Monday, May 6, 2013)]
[Rules and Regulations]
[Pages 26246-26248]
[FR Doc No: 2013-10682]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2013-0297]
RIN 1625-AA08

Special Local Regulation, 50 Aniversario Balneario de Boqueron,
Bahia de Boqueron; Boqueron, PR

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a special local regulation on
the waters of Bahia de Boqueron in Boqueron, PR during the 50
Aniversario Balneario de Boqueron, a high speed boat race. The event is
scheduled to take place on Sunday, May 5, 2013. Approximately 40 high-
speed power boats will be participating in the races. It is anticipated
that 5 spectator crafts will be present during the races. The special
local regulation is necessary for the safety of race participants,
participant vessels, spectators, and the general public during the
event. The special local regulation will establish the following three
areas: a high speed boat race area, where all persons and vessels,
except those persons and vessels participating in the high-speed boat
races, are prohibited from entering, transiting through, anchoring in,
or remaining within; a buffer zone around the race area, where all
persons and vessels, except those persons and vessels enforcing the
buffer zone or authorized participants transiting to their authorized
the race area, are prohibited from entering, transiting through,
anchoring in, or remaining within; and a spectator area, where all
vessels are prohibited from anchoring and from traveling in excess of
wake speed, unless authorized by the Captain of the Port San Juan or a
designated representative.

DATES: This rule is effective on May 5, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0297. 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 Lieutenant Lina Anderson, Sector San Juan Prevention
Department, Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Barbara Hairston, 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 Information

    The Coast Guard is issuing this temporary 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 the Coast Guard did not receive
necessary information about the event with sufficient time to publish
an NPRM and to receive public comments prior to the event. Any delay in
the effective date of this rule would be contrary to the public
interest because immediate action is needed to minimize potential
danger to the race participants, participant vessels, spectators and
the general public.
    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 for the same reasons discussed
above.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
establish special local regulations: 33 U.S.C. 1233. The purpose of the
rule is to ensure safety of life on navigable waters of the United
States during the 50 Aniversario Balneario de Boqueron.

C. Discussion of the Final Rule

    On May 5, 2013, Municipio de Cabo Rojo is sponsoring the 50
Aniversario Balneario de Boqueron, a series of high-speed boat races.
The races will be held on the waters of Bahia de Boqueron in Boqueron,
PR. Approximately 40 high-speed power boats will be participating in
the races. It is anticipated that approximately 5 spectator vessels
will be present during the races.
    The special local regulation encompasses certain waters of Bahia de
Boqueron in Boqueron, PR and will be enforced from 9 a.m. until 4 p.m.
on May 5, 2013. The special local regulation consists of the following
three areas: (1) A high-speed boat race area, where all persons and
vessels, except those persons and vessels participating in the high-
speed boat races, are prohibited from entering, transiting through,
anchoring in, or remaining within; (2) a buffer zone around the race
areas, where all persons and vessels, except those persons and vessels
enforcing the buffer zone or authorized participants transiting to the
race area, are prohibited from entering, transiting through, anchoring
in, or remaining within; and (3) a spectator area, where all vessels
are prohibited from anchoring or traveling in excess of wake speed
unless authorized by the

Captain of the Port San Juan or a designated representative. Persons
and vessels may request authorization to enter, transit through, anchor
in, or remain within the race area, or buffer zone; or to anchor or
travel in excess of wake speed in the spectator area by contacting the
Captain of the Port San Juan by telephone at<PHONE_NUMBER>, or a
designated representative via VHF radio on channel 16. If authorization
to enter, transit through, anchor in, or remain within the race area,
or buffer zone; or to anchor or travel in excess of wake speed in the
spectator area, is granted by the Captain of the Port San Juan or a
designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port San Juan or a designated representative. The Coast Guard will
provide notice of the special local regulations by Local Notice to
Mariners, Broadcast Notice to Mariners, and on-scene designated
representatives.

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.
    The economic impact of this rule is not significant for the
following reasons: (1) The special local regulation will be enforced
for only seven hours; (2) although persons and vessels will not be able
to enter, transit through, anchor in, or remain within the race area
and buffer zone, or anchor in the spectator area, without authorization
from the Captain of the Port San Juan or a designated representative,
they may operate in the surrounding area during the enforcement period;
(3) persons and vessels may still enter, transit through, anchor in, or
remain within the race area and buffer zone, or anchor in the spectator
area, during the enforcement period if authorized by the Captain of the
Port San Juan or a designated representative; and (4) the Coast Guard
will provide advance notification of the special local regulations to
the local maritime community by Local Notice to Mariners and Broadcast
Notice to Mariners.

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 or operators of vessels intending to enter,
transit through, anchor in, or remain within that portion of Bahia de
Boqueron encompassed within the special local regulation from 9 a.m.
until 4 p.m. on May 5, 2013. For the reasons discussed in the
Regulatory Planning and Review section above, this rule will not have a
significant economic impact on a substantial number of small entities.

3. Assistance for Small Entities

    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,
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
INTFORMATION 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 a special local regulation issued in
conjunction with a regatta or marine parade. This rule is categorically
excluded under paragraph 34(h) and 35(b) 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 100

    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 part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233.

0
2. Add a temporary Sec.  100.35T07-0297 to read as follows:

Sec.  100.35T07-0297  Special Local Regulation, 50 Aniversario
Balneario de Boqueron, Bahia de Boqueron; Boqueron, PR.

    (a) Regulated Areas. The following regulated areas are established
as a special local regulation. All coordinates are North American Datum
1983.
    (1) Race Area. All waters of the Bahia de Boqueron, Boqueron,
Puerto Rico encompassed within an imaginary line connecting the
following points: starting at Point 1 in position 18[deg]01.030' N,
67[deg]10.466' W; thence west to Point 2 in position 18[deg]01.048' N,
67[deg]10.535' W; thence southwest to Point 3 in position
18[deg]00.770' N, 67[deg]10.683' W; thence east to point 4 in position
18[deg]00.750' N, 67[deg]10.611' N; thence northwest back to origin.
All persons and vessels, except those persons and vessels participating
in the high-speed boat race, are prohibited from entering, transiting,
anchoring, or remaining within the race area.
    (2) Buffer Zone. All waters of the Bahia de Boqueron, Boqueron,
Puerto Rico encompassed within an imaginary line connecting the
following points: starting at Point 1 in position 18[deg]01.099' N,
67[deg]10.540' W; thence southwest to Point 2 in position
18[deg]00.756' N, 67[deg]10.731' W; thence east to Point 3 in position
18[deg]00.716' N, 67[deg]10.581' W; thence northeast to point 4 in
position 18[deg]01.069' N, 67[deg]10.401' N; thence west back to
origin. All persons and vessels except those persons and vessels
enforcing the buffer zone are prohibited from entering, transiting
through, anchoring in, or remaining within the buffer zone, with the
exception of authorized race participants transiting to or from the
race area.
    (3) Spectator Area. All waters of the Bahia de Boqueron excluding
the race area and the buffer zone, encompassed within an imaginary line
connecting the following points: starting at Point 1 in position
18[deg]00.977' N, 67[deg]10.392' W; thence southwest to Point 2 in
position 18[deg]00.780' N, 67[deg]10.481' W; thence east to Point 3 in
position 18[deg]00.780' N, 67[deg]10.464' W; thence northeast to Point
3 in position 18[deg]00.977' N, 67[deg]10.385' W; thence west back to
origin. All persons and vessels are prohibited from traveling in excess
of wake speed and anchoring within the spectator area. On-scene
designated representatives will direct spectator vessels to the
spectator area.
    (b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port San Juan in the enforcement of the regulated areas.
    (c) Regulations.
    (1) Except for those persons and vessels participating in the race,
all persons and vessels are prohibited from entering, transiting
through, anchoring in, or remaining within the race area. Except for
those persons and vessels enforcing the buffer zone, or authorized
participants transiting to or from the race area, all persons and
vessels are prohibited from entering, transiting through, anchoring in,
or remaining within the buffer area. All persons are prohibited from
anchoring in, or traveling in excess of wake speed in the spectator
area. Persons and vessels may request authorization to enter, transit
through, anchor in, remain within the regulated areas, or to travel in
excess of wake speed or anchor in the spectator area, by contacting the
Captain of the Port San Juan by telephone at<PHONE_NUMBER>, or a
designated representative via VHF radio on channel 16. If authorization
is granted by the Captain of the Port San Juan or a designated
representative, all persons and vessels receiving such authorization
must comply with the instructions of the Captain of the Port San Juan
or a designated representative.
    (2) The Coast Guard will provide notice of the regulated areas by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
    (d) Enforcement Date. This rule will be enforced from 9 a.m. until
4 p.m. on May 5, 2013.

    Dated: April 19, 2013.
D.W. Pearson,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. 2013-10682 Filed 5-3-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 81, Number 109 (Tuesday, June 7, 2016)]
[Rules and Regulations]
[Page 36470]
[FR Doc No: 2016-13360]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2016-0468]

Drawbridge Operation Regulation; Columbia River, Portland, OR and
Vancouver, WA

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Interstate 5 (I-5) Bridges across
the Columbia River, mile 106.5, between Portland, Oregon, and
Vancouver, Washington. The deviation is necessary to facilitate the
movement of heavier than normal roadway traffic associated with the
Independence Day fireworks show near the I-5 Bridges. This deviation
allows the bridges to remain in the closed-to-navigation position
during the event.

DATES: This deviation is effective from 9 p.m. to 11:59 p.m. on July 4,
2016.

ADDRESSES: The docket for this deviation, [USCG-2016-0468] is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH.'' Click on Open Docket Folder on the line
associated with this deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Mr. Steven Fischer, Bridge
Administrator, Thirteenth Coast Guard District; telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Oregon Department of Transportation has
requested that the I-5 Bridges across the Columbia River remain closed
to vessel traffic to facilitate heavier than normal roadway traffic
volume associated with a fireworks show on July 4, 2016 near the
bridges. The I-5 Bridges cross the Columbia River at mile 106.5, and
provide three designated navigation channels with vertical clearances
ranging from 39 to 72 feet above Columbia River Datum 0.0 while the
lift spans are in the closed-to-navigation position. The normal
operating schedule for the I-5 Bridges is codified at 33 CFR 117.869.
This deviation period is from 9 p.m. to 11:59 p.m. on July 4, 2016. The
deviation allows the lift spans of the I-5 Bridges across the Columbia
River, mile 106.5, to remain in the closed-to-navigation position, and
need not open for maritime traffic during that period. The bridge shall
operate in accordance with 33 CFR 117.869 at all other times. Waterway
usage on this part of the Columbia River includes vessels ranging from
commercial tug and tow vessels to recreational pleasure craft.
    Vessels able to pass under the bridges in the closed positions may
do so at anytime. The bridge will be able to open for emergencies and
there is no immediate alternate route for vessels to pass. The Coast
Guard will also inform the users of the waterways through our Local and
Broadcast Notices to Mariners of the change in operating schedule for
the bridge so that vessels can arrange their transits to minimize any
impact caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridges must return to
their regular operating schedule immediately at the end of the
effective period of this temporary deviation. This deviation from the
operating regulations is authorized under 33 CFR 117.35.

    Dated: June 1, 2016.
Steven M. Fischer,
Bridge Administrator, Thirteenth Coast Guard District.
[FR Doc. 2016-13360 Filed 6-6-16; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 81 (Friday, April 26, 2013)]
[Rules and Regulations]
[Pages 24684-24688]
[FR Doc No: 2013-09915]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 383 and 384

[Docket No. FMCSA-2012-0172]
RIN 2126-AB43

Self Reporting of Out-of-State Convictions

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

ACTION: Final rule.

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SUMMARY: FMCSA amends its commercial driver's license (CDL) rules to
eliminate the requirement for drivers to notify the State licensing
agency that issued their commercial learner's permit (CLP) or CDL of
out-of-State traffic convictions when those convictions occur in States
that have a certified CDL program in substantial compliance with
FMCSA's rules. Current regulations require both CDL holders and States
with certified CDL programs to report a CDL holder's out-of-State
traffic conviction to the driver's State of licensure. This final rule
amends the CDL rules to eliminate this reporting redundancy for those
cases in which the conviction occurs in a State that has a certified
CDL program in substantial compliance with FMCSA's regulations. This
change will reduce a regulatory burden on individual CLP and CDL
holders and State driver licensing agencies. This rule is responsive to
Executive Order (E.O.) 13563 ``Improving Regulation and Regulatory
Review,'' issued January 18, 2011.

DATES: The final rule is effective May 28, 2013.

ADDRESSES: For access to the docket to read background documents,
including those referenced in this document, or to read comments
received, go to http://www.regulations.gov at any time and insert
``FMCSA-2012-0172'' in the ``Keyword'' box, and then click ``Search.''
You may also view the docket online by visiting the Docket Management
Facility in Room W12-140, DOT Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday,
except Federal holidays.
    Anyone is able to search the electronic form for all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review the
U.S. Department of Transportation's DOT complete Privacy Act Statement
in the Federal Register published on December 29, 2010 (75 FR 82132),
or you may visit http://www.gpo.gov/fdsys/pkg/FR-2010-12-29/pdf/2010-32876.pdf.

FOR FURTHER INFORMATION CONTACT: Robert Redmond, Office of Enforcement,
Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue
SE., Washington, DC 20590-0001, by telephone at<PHONE_NUMBER> or via
email at<EMAIL_ADDRESS>Office hours are from 9 a.m. to 5 p.m.
e.t., Monday through Friday, except Federal holidays. If you have
questions on viewing material to the docket, contact Barbara J.
Hairston, Acting Program Manager, Docket Operations, telephone (202)
366-9826.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

Executive Summary
Legal Basis for Rulemaking
Background
Discussion of Comments
Section-by-Section Discussion of Regulatory Changes
Regulatory Analyses

Executive Summary

Purpose of the Rule and Summary of Major Provisions

    This final rule amends the commercial driver's license (CDL) rules
to eliminate the requirement for drivers to notify the State driver
licensing agency (SDLA) that issued their commercial learner's permit
(CLP) or CDL of out-of-State traffic convictions when those convictions
occur in States that have a certified CDL program in substantial
compliance with the Federal Motor Carrier Safety Administration's
rules. The elimination of this reporting redundancy will reduce a
regulatory burden on individual CLP and CDL holders and SDLAs.
    This rule also responds to Executive Order (E.O.) 13563 ``Improving
Regulation and Regulatory Review,'' issued January 18, 2011.

Costs and Benefits

    The anticipated benefits of the rule will take the form of reduced
paperwork burden hours and expenditures for the reporting of out-of-
State traffic convictions. Neither the benefits nor the costs of
eliminating this regulatory burden can be quantified at this time.
States will continue to rely on State-to-State reporting, which is more
accurate and secure than driver self-reporting.

Legal Basis for Rulemaking

    Congress enacted the Commercial Motor Vehicle Safety Act of 1986
(CMVSA) [Pub. L. 99-570, Title XII, 100 Stat. 3207-170, 49 U.S.C.
chapter 313] to improve highway safety by ensuring that drivers of
large trucks and buses are qualified to operate those vehicles and to
remove unsafe and unqualified drivers from the highways. To achieve
these goals, the CMVSA established the CDL program and required States
to ensure that drivers convicted of certain serious traffic violations
are prohibited from operating commercial motor vehicles (CMVs).
Although State participation in the CDL program is voluntary, CMVSA
created incentives

by conditioning certain Federal highway and grant funding on States
maintaining a certified CDL program (CMVSA secs. 12010, 12011, codified
at 49 U.S.C. 31313, 31314). One of the CMVSA's CDL program requirements
was that States report CDL holders' out-of-State traffic convictions to
their licensing States within 10 days of the conviction (CMVSA sec.
12009(a)(9) codified at 49 U.S.C. 31311). The CMVSA also established a
requirement for CDL holders to report these same out-of-State traffic
convictions to their licensing States within 30 days of the conviction
(CMVSA sec. 12003(a)(1), codified at 49 U.S.C. 31303(a)). Congress
authorized the Secretary to issue regulations to implement these
provisions (CMVSA sec. 12018(a), codified at 49 U.S.C. 31317). The
Federal Highway Administration (FHWA), FMCSA's predecessor,
subsequently issued regulations, including 49 CFR 383.31(a), which
implemented the requirement that CDL holders report out-of-State
traffic convictions to their licensing States (52 FR 20574, June 1,
1987). FHWA did not issue regulations implementing the States'
reporting requirement at that time.
    On July 5, 1994, Congress recodified title 49 of the U.S.C. [Pub.
L. 103-272, 108 Stat. 745 (the 1994 Recodification Act)]. Among other
things, the 1994 Recodification Act clarifies who had the obligation to
report CDL holders' out-of-State violations: the State or the driver.
The 1994 Recodification Act added language making it explicit that
States must report an out-of-State CDL holder's traffic conviction to
the licensing State within 10 days of the conviction (108 Stat. 1024,
49 U.S.C. 31311(a)(9)). However, Congress did not repeal the
requirement that individual CDL holders report the same information
within 30 days of conviction.
    The Motor Carrier Safety Improvement Act of 1999 (MCSIA) [Pub. L.
106-159, 113 Stat. 1748] amended numerous provisions of title 49 of the
U.S.C. related to the licensing and sanctioning of CMV drivers required
to hold a CDL and directed the Secretary to amend regulations to
correct specific weaknesses in the CDL program. One such provision
directed the Secretary to develop a uniform system for the State-to-
State electronic transmission of out-of-State CDL holders' traffic
conviction information. FMCSA subsequently issued regulations
implementing MCSIA and other statutory requirements, including CMVSA
sec. 12009(a)(9). Those regulations included 49 CFR 384.209, which
requires States to report out-of-State CDL holders' traffic convictions
to their licensing States as a minimum requirement of maintaining a
certified CDL program (67 FR 49742, July 31, 2002).
    The FMCSA Administrator has been delegated authority under 49 CFR
1.87(e)(1) to carry out the CMVSA functions vested in the Secretary.

Background

    This final rule arises as a result of Presidential Executive Order
(E.O.) 13563, issued January 18, 2011, ``Improving Regulation and
Regulatory Review'' (76 FR 3821, January 21, 2011), which prompted DOT
to publish a notice in the Federal Register (76 FR 8940, February 16,
2011) requesting comments on a plan for reviewing existing rules, as
well as identification of existing rules that DOT should review because
they may be outmoded, ineffective, insufficient, or excessively
burdensome. DOT placed all retrospective regulatory review comments,
including a transcript of a March 14, 2011, public meeting, in docket
DOT-OST-2011-0025. DOT received comments from 102 members of the
public, with many providing multiple suggestions.
    In connection with this initiative, a commenter identified as
appropriate for review the requirements of 49 CFR 383.31(a) and
384.209, which provide for both individual CDL holders and States with
certified CDL programs to report the same information about CDL
holders' out-of-State convictions. FMCSA agreed with this suggestion.
Although States were not required to participate in FMCSA's CDL
certification program, all 50 States and the District of Columbia
currently maintain certified programs, due in part to the financial
incentives described below. Additionally States could be de-certified
and lose their authority to issue CDLs. In practice, this means that
compliance with both Sec. Sec.  383.31(a) and 384.209 result in a
reporting redundancy.
    On August 2, 2012, FMCSA published a notice of proposed rulemaking
in the Federal Register (77 FR 46010). FMCSA proposed to eliminate this
redundant reporting practice by providing that, if a State in which the
conviction occurs has a certified CDL program in substantial compliance
with FMCSA's regulations, then an individual CDL holder convicted in
that State would be considered to be in compliance with his/her out-of-
State traffic conviction reporting obligations because the State where
the conviction occurred will report the violation to the CDL holder's
State of licensure. FMCSA received six public comments and made changes
to the proposed rule in response to these comments, which are detailed
in part III, Discussion of Comments.

Discussion of Comments

    FMCSA received six comments in response to the NPRM. The commenters
included Advocates for Highway and Auto Safety (Advocates), Werner
Enterprises (Werner), The National School Transportation Association
(NSTA), Edison Electric Institute (EEI), State of New York Department
of Motor Vehicles, and American Trucking Associations (ATA).
    Overall, most commenters supported FMCSA's objective of eliminating
a redundant reporting practice. Two commenters recommended back-up
reporting provisions, should any State reporting a driver conviction
suddenly become noncompliant with the CDL program. One commenter
requested that the Agency provide documented proof of compliant CDL
reporting programs prior to eliminating the driver reporting
requirement. A commenter was concerned about general safety issues that
could occur as a result of eliminating the driver reporting
requirement. These comments are discussed in greater detail below.

Suggested Back-Up Reporting Provisions

Comments
    The Agency received two comments regarding back-up reporting
provisions. Werner was concerned that drivers would not know whether a
State is in compliance with the conviction reporting requirement.
Werner offered two options for letting the driver know if the State is
in compliance: (1) Require the reporting State to provide the driver
with a notice that it is in compliance with 49 CFR part 384, subpart B,
and has not been de-certified in accordance with 49 CFR 384.405. This
would let the driver know that there is no obligation to report the
conviction as the reporting State will report it; or (2) add language
to 49 CFR 383.31(d) to create a presumption that every State is in
compliance.
    ATA was also concerned drivers would not know whether a State is in
compliance with conviction reporting requirements. ATA proposed
modifying 49 CFR 384.307 to provide that FMCSA would publish a notice
in the Federal Register to alert drivers that their self-reporting
requirements under 49 CFR 383.31 had been reactivated if FMCSA
determines that a State is not in substantial compliance with the
regulations or intends to withdraw from the CDL program.

FMCSA Response
    If a State is no longer in compliance with the conviction reporting
requirements, FMCSA agrees that drivers should be given notice. At this
time FMCSA believes a more effective alternative is to alert drivers
that their self-reporting requirements under 49 CFR 383.31 have been
reactivated through a Federal Register notice, as suggested by the ATA,
and also to provide notification by way of the FMCSA Web site and other
social media. The Agency however, believes the requirement should be
incorporated into new Sec.  384.409 under Subpart D of part 384, which
addresses the consequences of State noncompliance. Therefore, the
Agency has incorporated language in the final rule in new Sec.  384.409
to implement this solution.

Provision of Documented Proof of Compliant CDL Reporting Programs

Comment
    Advocates requested that FMCSA determine the effectiveness and
timeliness of State CDL programs to capture out-of-State convictions
and provide the public with documentation of their effectiveness. Until
data can be presented that demonstrates that all States have adopted
compliant CDL reporting programs and that the home States of commercial
drivers are receiving out-of-State convictions and acting on that
information when appropriate, Advocates maintained that the driver
reporting requirement should not be eliminated.
FMCSA Response
    States are required in 49 CFR 384.209 to report out-of-State
convictions to the State of licensure within 10 days of the conviction.
As a part of CDL program certification, FMCSA and the American
Association of Motor Vehicle Administrators (AAMVA) monitor the
timeliness and accuracy of conviction data being sent from the State of
conviction to the State of licensure and generate a monthly report. If
a State shows a continuing pattern of not being timely or sending
inaccurate data, FMCSA and AAMVA work with the State to correct the
deficiency.
    States have been showing a steady improvement in the timeliness of
reporting conviction data from the State of conviction to the State of
licensure.

Safety Concerns

Comment
    The NSTA was concerned about the delay between when the State of
conviction notifies the State of licensure, the State of licensure
notifies the employer, and appropriate action, including notification
to the insurance company, is taken by the employer. If a driver is not
required to report a conviction to his State of licensure, this delay
would allow some drivers to continue to operate a school bus following
a conviction.
FMCSA Response
    Eliminating the requirement that the CDL holder report a conviction
to the State of licensure does not eliminate the driver responsibility
in 49 CFR 383.31(b) to report the conviction to his or her employer
within 30 days of the conviction.

 Section-by-Section Discussion of Regulatory Changes

Part 383 Commercial Driver's License Standards; Requirements and
Penalties

    Section 383.31. FMCSA adds an introductory phrase to paragraph (a)
that clarifies that the addition of new paragraph (d) is the exception
for this section. FMCSA adopts paragraph 383.31(d) as proposed, which
provides that if the State in which a CLP or CDL holder is convicted
for a traffic control violation has an FMCSA-certified CDL program, the
Agency would consider the CLP or CDL holder to be in compliance with
Sec.  383.31(a).

Part 384 State Compliance With Commercial Driver's License Program

    Section 384.409. FMCSA adds new Sec.  384.409 to specify the means
of notification to CLP and CDL holders when it determines that a State
is not in substantial compliance, or when it issues a decertification
order prohibiting a State from issuing commercial driver's licenses.

Regulatory Analyses

Executive Order (E.O.) 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures as Supplemented by E.O. 13563)

    FMCSA has determined that this final rule is not a significant
regulatory action within the meaning of Executive Order (E.O.) 12866
(Regulatory Planning and Review,'' 58 FR 51735, October 4, 1993), as
supplemented by E.O. 13563 (76 FR 3821, January 21, 2011), or within
the meaning of DOT regulatory policies and procedures (DOT Order 2100.5
dated May 22, 1980; 44 FR 11034, February 26, 1979). Any costs
associated with this rule are expected to be minimal, and, in any
event, the estimated cost of the rule is not expected to exceed the
$100 million annual threshold for economic significance.
    The issuance of driver notifications is the only substantive
difference in this final rule from the published NPRM (77 FR 46010,
August 2, 2012). If a State is no longer in substantial compliance with
the conviction reporting requirements of 49 CFR 384.209 or issues a
decertification order prohibiting a State from issuing commercial
drivers licenses, FMCSA will alert drivers that they must comply with
the self-reporting requirements under 49 CFR 383.31 using a Federal
Register notice, its Web site and social media. This notification
requirement is applicable to FMCSA and as such will not impose
additional costs to the 50 States and District of Columbia which
currently maintain certified CDL programs, nor to individual CLP or CDL
holders.

Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 (5 U.S.C. et seq.) requires
Federal agencies to consider the effects of the regulatory action on
small business and other small entities and to minimize any significant
economic impact. The term ``small entities'' comprises small business
and 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.\1\ Accordingly, DOT
policy requires an analysis of the impact of all regulations on small
entities and mandates that agencies strive to lessen any adverse
effects on these businesses.
---------------------------------------------------------------------------

    \1\ Regulatory Flexibility Act (5 U.S.C. 601 et seq.) see
National Archives at http://www.archives.gov/federal-register/laws/regulatory-flexibility/601.html.
---------------------------------------------------------------------------

    Under the Regulatory Flexibility Act, as amended by the Small
Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121,
110 Stat. 857), the final rule is not expected to have a significant
economic impact on a substantial number of small entities.
    Consequently, I certify that this final rule would not have a
significant economic impact on a substantial number of small entities.

Assistance for Small Entities

    In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996, FMCSA wants to assist small entities
in understanding this rule so that they can better evaluate its effects
on them. If the rule affects your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please consult the FMCSA point of
contact, Robert Redmond, listed

in the FOR FURTHER INFORMATION CONTACT section of this final rule.
    Small businesses may send comments on the actions of Federal
employees who enforce or otherwise determine compliance with Federal
regulations to the Small Business Administration's 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 FMCSA, call
1-888-REG-FAIR (1-888-734-3247).

Unfunded Mandates Reform Act of 1995

    This final rule does not impose an unfunded Federal mandate, as
defined by the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532 et
seq.), that would result in the expenditure by State, local, and tribal
governments, in the aggregate, or by the private sector, of $141.3
million (which is the value of $100 million in 2010 after adjusting for
inflation) or more in any single year.

E.O. 13132 (Federalism)

    A rule has implications for Federalism under Section 1(a) of E.O.
13132 if it has ``substantial direct effects 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.'' FMCSA has determined that this rule will not have
substantial direct effects on States, nor would it limit the
policymaking discretion of States. Nothing in this document preempts
any State law or regulation.

E.O. 12988 (Civil Justice Reform)

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

E.O. 13045 (Protection of Children)

    E.O. 13045, Protection of Children from Environmental Health Risks
and Safety Risks (62 FR 19885, Apr. 23, 1997), requires agencies
issuing ``economically significant'' rules, if the regulation also
concerns an environmental health or safety risk that an agency has
reason to believe may disproportionately affect children, to include an
evaluation of the regulation's environmental health and safety effects
on children. The Agency determined this rule is not economically
significant. Therefore, no analysis of the impacts on children is
required. In any event, the Agency does not believe that this
regulatory action could create an environmental or safety risk that
could disproportionately affect children.

E.O. 12630 (Taking of Private Property)

    FMCSA reviewed this final rule in accordance with E.O. 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights, and has determined it will not effect a taking of
private property or otherwise have taking implications.

Privacy Impact Assessment

    Section 522 of title I of division H of the Consolidated
Appropriations Act, 2005, enacted December 8, 2004 (Pub. L. 108-447,
118 Stat. 2809, 3268, 5 U.S.C. 552a note), requires the Agency to
conduct a privacy impact assessment (PIA) of a regulation that will
affect the privacy of individuals. This rule does not require the
collection of any personally identifiable information.
    The Privacy Act (5 U.S.C. 552a) applies only to Federal agencies
and any non-Federal agency which receives records contained in a system
of records from a Federal agency for use in a matching program. FMCSA
has determined this rule will not result in a new or revised Privacy
Act System of Records for FMCSA.

E.O. 12372 (Intergovernmental Review)

    The regulations implementing E.O. 12372 regarding intergovernmental
consultation on Federal programs and activities do not apply to this
program.

Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.),
Federal agencies must obtain approval from the Office of Management and
Budget (OMB) for each collection of information they conduct, sponsor,
or require through regulations. FMCSA anticipates this final rule would
result in a paperwork burden reduction that the Agency is unable to
quantify, at this time.

National Environmental Policy Act and Clean Air Act

    FMCSA analyzed this rule for the purpose of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
determined this action is categorically excluded from further analysis
and documentation in an environmental assessment or environmental
impact statement under FMCSA Order 5610.1(69 FR 9680, March 1, 2004),
Appendix 2, paragraphs (6)(s)(2), This categorical exclusion covers
requirements for drivers to notify their States of licensure of certain
convictions. This final rule is covered by this categorical exclusion
and in any event does not have a significant effect on the quality of
the environment. The categorical exclusion determination is available
for inspection or copying in the Regulations.gov Web site listed under
ADDRESSES.
    FMCSA also analyzed this rule under the Clean Air Act, as amended
(CAA), section 176(c) (42 U.S.C. 7401 et seq.), and implementing
regulations promulgated by the Environmental Protection Agency.
Approval of this action is exempt from the CAA's general conformity
requirement since it does not affect direct or indirect emissions of
criteria pollutants.

E.O. 13211 (Energy Supply, Distribution or Use)

    FMCSA analyzed this rule under E.O. 13211, Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use. The Agency has determined that it is not a ``significant energy
action'' under that order because it is not a ``significant regulatory
action'' under E.O. 12866 and is not likely to have a significant
adverse effect on the supply, distribution, or use of energy.
Therefore, no Statement of Energy Effects is required.

E.O. 13175 (Indian Tribal Governments)

    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.

National Technology Transfer and Advancement Act (Technical Standards)

    The National Technology Transfer and Advancement Act (15 U.S.C. 272
note) directs agencies to use voluntary consensus standards in their
regulatory activities unless the agency provides Congress, through OMB,
with an explanation of why using these standards would be inconsistent
with applicable law or otherwise impractical. Voluntary consensus
standards are technical standards (e.g., specifications of materials,
performance, design, or operation; test methods; sampling procedures;
and related management systems practices) that are developed or adopted
by voluntary consensus standards bodies. This rule does not use
technical standards. Therefore, we did

not consider the use of voluntary consensus standards.

List of Subjects

49 CFR Part 383

    Administrative practice and procedure, Alcohol abuse, Drug abuse,
Highway safety, Motor carriers.

49 CFR Part 384

    Administrative practice and procedure, Alcohol abuse, Drug abuse,
Highway safety, Incorporation by reference, Motor carriers.

    For the reasons discussed in the preamble, FMCSA amends 49 CFR
parts 383 and 384 as follows:

PART 383--COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND
PENALTIES

0
1. The authority citation for part 383 is revised to read as follows:

    Authority:  49 U.S.C. 521, 31136, 31301 et seq., and 31502;
secs. 214 and 215 of Pub. L. 106-159, 113 Stat. 1748, 1766, 1767;
sec. 1012(b) of Pub. L. 107-56, 115 Stat. 272, 297, sec. 4140 of
Pub. L. 109-59, 119 Stat. 1144, 1746; and 49 CFR 1.87.

0
2. Amend Sec.  383.31 by revising paragraph (a) and adding paragraph
(d) to read as follows:

Sec.  383.31  Notification of convictions for driver violations.

    (a) Except as provided in paragraph (d) of this section, each
person who operates a commercial motor vehicle, who has a commercial
learner's permit or commercial driver's license issued by a State or
jurisdiction, and who is convicted of violating, in any type of motor
vehicle, a State or local law relating to motor vehicle traffic control
(other than a parking violation) in a State or jurisdiction other than
the one which issued his/her permit or license, shall notify an
official designated by the State or jurisdiction which issued such
permit or license, of such conviction. The notification must be made
within 30 days after the date that the person has been convicted.
* * * * *
    (d) A person is considered to be in compliance with the
requirements of paragraph (a) of this section if the conviction occurs
in a State or jurisdiction that is in substantial compliance with 49
CFR 384.209 and has not been de-certified in accordance with 49 CFR
384.405.

PART 384--STATE COMPLIANCE WITH COMMERCIAL DRIVER'S LICENSE PROGRAM

0
3. The authority citation for part 384 continues to read as follows:

    Authority:  49 U.S.C. 31136, 31301 et seq., and 31502; secs. 103
and 215 of Pub. L. 106-59, 113 Stat. 1753, 1767; and 49 CFR 1.87.

0
4. Amend subpart D by adding Sec.  384.409 to read as follows:

Sec.  384.409  Notification of noncompliance.

    If FMCSA determines that a State is not in substantial compliance
with Sec.  384.209, or if FMCSA issues a decertification order
prohibiting a State from issuing commercial driver's licenses, FMCSA
will notify commercial learner's permit and commercial driver's license
holders of these actions by publication of a Federal Register notice.
The notification will advise commercial learner's permit and commercial
driver's license holders that they must comply with the self-reporting
requirements of Sec.  383.31(a) with respect to convictions obtained in
that State until such time that FMCSA determines the State to be in
substantial compliance.

    Issued under the authority of delegation in 49 CFR 1.87 on:
April 16, 2013.
Anne S. Ferro,
Administrator.
[FR Doc. 2013-09915 Filed 4-25-13; 8:45 am]
BILLING CODE P


[Federal Register Volume 81, Number 126 (Thursday, June 30, 2016)]
[Notices]
[Pages 42787-42788]
[FR Doc No: 2016-15285]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

National Advisory Committee on Travel and Tourism Infrastructure;
Solicitation for Committee Member Nominations

AGENCY: Department of Transportation.

ACTION: Notice.

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

SUMMARY: The Department of Transportation seeks member nomination for
our National Advisory Committee on Travel and Tourism Infrastructure
(NACTTI).

DATES: All nominations for NACTTI membership must be received on or
before July 13, 2016.

ADDRESSES: All nomination material should be emailed to the Office of
the Secretary at<EMAIL_ADDRESS>or mailed to: U.S. Department of
Transportation, Office of the Secretary, Attn: National Advisory
Committee on Travel and Tourism Infrastructure, Room W86-483, 1200 New
Jersey Ave. SE., Washington, DC 20590. Mailed applications must be
postmarked by July 13, 2016.
    Any person requiring accessibility accommodations should contact
the Office of the Secretary at<PHONE_NUMBER> or email the NACTTI
Designated Federal Official at<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: NACTTI Designated Federal Official, at
<EMAIL_ADDRESS>or<PHONE_NUMBER>. Also visit the NACTTI Internet Web
site at www.transportation.gov/NACTTI.

SUPPLEMENTARY INFORMATION:

I. Background

    Pursuant to Section 1431 of the Fixing America's Surface
Transportation (FAST) Act, the Secretary of Transportation established
NACTTI on June 1, 2016, to provide information, advice, and
recommendations to the Secretary on matters relating to the role of
intermodal transportation in facilitating mobility related to travel
and tourism activities. NACTTI will--
    a. Advise the Secretary on current and emerging priorities, issues,
projects, and funding needs related to the use of the intermodal
transportation network of the United States to facilitate travel and
tourism, taking into consideration existing data and recommendations on
the U.S. transportation network including, but not limited, to DOT's
30-year Beyond Traffic framework.
    b. Serve as a forum for discussion for travel and tourism
stakeholders on transportation issues affecting interstate and
interregional mobility of passengers;

    c. Promote the sharing of information between the private and
public sectors on transportation issues impacting travel and tourism;
    d. Gather information, develop technical advice, and make
recommendations to the Secretary on policies that improve the condition
and performance of an integrated national transportation system that--
     Is safe, economical, and efficient; and
     maximizes the benefits to the United States generated
through the travel and tourism industry;
    e. Identify critical transportation facilities and corridors that
facilitate and support the interstate and interregional transportation
of passengers for tourism, commercial, and recreational activities;
    f. Provide for development of measures of condition, safety, and
performance for transportation related to travel and tourism;
    g. Provide for development of transportation investment, data, and
planning tools to assist Federal, State, and local officials in making
investment decisions relating to transportation projects that improve
travel and tourism; and
    h. Address other issues of transportation policy and programs
impacting the movement of travelers for tourism and recreational
purposes, including by making legislative recommendations.

II. Committee Membership

    NACTTI shall be composed of no more than 25 members, each of whom
shall be appointed by the Secretary of Transportation for a 2-year
term. The membership shall include public and private sector
stakeholders involved in the transportation and travel and tourism
industries including, but not limited to:
     The travel and tourism industry, product and service
providers;
     Travel and tourism-related associations;
     Travel, tourism, and destination marketing organizations;
     The travel and tourism-related workforce;
     State tourism offices;
     State departments of transportation;
     Regional and metropolitan planning organizations;
     Local governments;
     Organizations with expertise in intermodal connectivity
for travel and tourism; and
     Entities with expertise in public-private-partnerships
(P3).
    The Department shall establish a Chair and Vice Chair of the
Advisory Committee from among those selected representatives.

III. Member Selection

    A selection team comprised of representatives from several DOT
operating administrations will review nomination packages. The
selection team will make recommendations regarding membership to the
Secretary of Transportation based on criteria including, but not
limited to:
     Professional or academic expertise, experience, and
knowledge;
     Stakeholder representation;
     Availability and willingness to serve; and
     Experience and skills working collaboratively on
committees and advisory panels.
    Additional factors which will be considered in the selection of
NACTTI members include candidates' proven experience in the strategic
development and management of travel, tourism, transportation-related
or other service-related organizations; or the candidate's proven
experience in promoting, developing, and implementing advertising,
marketing, or financial programs for travel, tourism or transportation-
related industries.
    Priority may be given to a Chief Executive Officer, Executive
Director, or President (or comparable level of responsibility) of a
U.S. company, U.S. organization, or U.S. entity in the travel, tourism,
or transportation sectors.
    Each NACTTI member shall serve as the representative of a U.S.
entity engaged in any of the above-listed activities.
    Members shall serve in a representative capacity, representing the
views and interests of their particular industry subsector. NACTTI
members are not Special Government Employees, and will receive no
compensation for their participation in NACTTI activities. Members
participating in NACTTI meetings and events will be responsible for
their travel, living and other personal expenses. Meetings will be held
regularly and, to the extent practical, not less than twice annually,
usually in Washington, DC.

IV. Nomination Information

    For immediate consideration for membership, please provide the
following information by the Wednesday, July 13, 2016, deadline to the
address listed in the ADDRESSES section:
    1. Name, title, and relevant contact information (including phone,
fax, and email address) of the individual under consideration;
    2. The company's, organization's, or entity's size, product or
service line, and major markets in which the company, organization, or
entity operates.
    3. A letter of support or recommendation letter, on letterhead,
from a company, union, trade or membership association, or non-profit
organization containing a brief description of why the nominee should
be considered for membership;
    4. A one-page cover letter summarizing the applicant's unique
experiences and qualifications, any professional and academic
credentials, and the reason(s) why he or she would like to join NACTTI.
    5. A resume for the individual under consideration.
    Please do not send company, trade association, organization
brochures or any other promotional information. Materials submitted
should total five pages or less and must be in 12-point font, formatted
in Microsoft Word or PDF. Should more information be needed, DOT staff
will contact the nominee, obtain information from the nominee's past
affiliations, or obtain information from publicly available sources,
such as the Internet.

    Dated: June 22, 2016.
Jenny T. Rosenberg,
Acting Assistant Secretary for Aviation and International Affairs.
[FR Doc. 2016-15285 Filed 6-27-16; 4:15 pm]
 BILLING CODE 4910-9X-P