November 17, 2005 MEMORANDUM SUBJECT: Technical Support Document: Proposed Memoranda of Understanding ( MOU) between Texas Commission on Environmental Quality ( TCEQ) and Texas Department of Transportation ( TxDOT).

FROM: Alima Patterson ( 6PD O) / s/

TO: Files THROUGH: Thomas Diggs, chief / s/ Air Planning Section, 6PD L I. Background:

The Texas Commission on Environmental Quality ( TCEQ) adopted a Memoranda of Understanding ( MOU) between Texas Department of Transportation ( TxDOT) and TCEQ and submitted it to EPA for approval on August 15, 2002. The State of Texas adopted the MOU and a new Section 7.119 and submitted the revision to EPA for approval into the SIP on August 22, 2002. The rule and MOU streamlines coordination between the TCEQ and TxDOT by consolidating separate MOUs currently in the air regulations ( 30 TAC Section114.250) and in water regulations ( 30 TAC Section 305.521). The rule adopts by reference a TxDOT MOU by consolidating these separate MOUs. The TCEQ repealed 30 TAC Section 114.250 which previously contained the MOU in the air regulations. Section 114.250 is not part of the SIP so no action on its repeal is necessary by EPA.

TECQ originally proposed for this rule on September 12, 2000 and public hearing was held on October 24, 2000. The hearing was to receive testimony regarding revisions to 30 TAC Chapters 7, 114, and 305, and to the Texas implementation plan ( SIP) under the requirements of the Texas Health and Safety Code, § 382.017; Texas Government Code, Subchapter B, Chapter 2001; and 40 Code of Federal Regulations, part 51.102 concerning SIPs. The comment period closed on November 13, 2000. TECQ proposed this rule again on October 26, 2001. Comments from the public were addressed during the rule adoption of the second proposal period. The MOU addresses only those reviews required by Transportation Code § 201.607, and does not affect coordination or permits required by other State or Federal regulations. The provisions of § 7.119 were adopted on April 10, 2002 and became effective on May 2, 2002 ( See 27 TexReg 3560).

The MOU establishes periods for review of documents and ensures coordination between the agencies on road projects that could have environmental impacts. The proposed rule does not represent a change from current practices but with concurrent rulemaking intended to streamline coordination between the two agencies by consolidating separate MOU provisions currently in the air regulations and the water regulations. There are no fiscal implications anticipated to State or Local units of government.

The following consists of the agreement outlined by TXDOT and TCEQ in 30 Texas Administrative Code ( TAC) Chapter 7, Section 7.119 and Title 43 Part 1, Chapter 2, Subchapter B Section 2.23 of the MOU between the agencies:

The TxDOT ( A) will investigate fully the environmental impacts of departmental transportation projects, coordinate these projects with applicable State and Federal agencies, and reflect these investigations and coordination in the environmental documentation for each project;

( B) Base projects decisions on a balanced consideration of the need for a safe, efficient, economical and environmentally sound transportation system;

( C) Receive input from the public through the public involvement process;

( D) Utilize a systematic interdisciplinary approach as essential parts of the development process for transportation projects; and ( E) Strive for environmental soundness of transportation activities through appropriate mitigation, where feasible and prudent, in coordination with appropriate resource agencies.

The TCEQ ( A) Promote and foster voluntary compliance with environmental laws;

( B) Ensure that the regulations promote flexibility in achieving environmental goals and are applied clearly and consistently;

( C) Base decisions on the law, common sense, good science, and fiscal responsibility;

( D) ensure that regulations are necessary, effective, and current;

( E) Ensure meaningful public participation in the decision making process; and ( F) ensure consistent, just, and timely enforcement when environmental laws are violated.

Regulatory Analysis of the MOU 40 CFR Part 51.102 requires that public hearing must be conducted prior to adoption and submission to EPA any revision under 40 CFR Part 51.104( a). This regulatory analysis is also subject to requirements of 40 CFR part 51.851( a) and ( b). 40 CFR part 51.851 ( a) indicates that the State must submit the conformity provisions within 12 months after November 30, 1993 or within 12 months of an area's designation to non attainment which ever date is later. Part 51.851 ( b) states that the Federal conformity rules under subpart ( b) and 40 CFR part 93, in addition to any existing applicable State requirements, establish the conformity criteria and procedures necessary to meet the Act requirements until such time as the required conformity SIP revision is approved by EPA. This rule establishes improved procedures necessary to meet requirements of the Act by consolidating two separate MOUs. The TECQ and TxDOT MOU addresses only those reviews required by Transportation Code Section 201.607, and does not affect coordination or permits required by other State or Federal regulations.

This rule incorporates an MOU into the SIP. The MOU provides for a streamlined coordination of environmental reviews associated with transportation projects between TxDOT and TCEQ. As such this rule is procedural in nature and does not interfere with any applicable requirement concerning attainment and/ or reasonable further progress or any other applicable requirement.

Statutory Authority This rule was proposed under Texas Water Code ( TWC), § 5.104, which required the Commission to enter into an MOU with any other State agency to clarify and provide for their respective duties, responsibilities, or functions on any matter within their jurisdictions that is not expressly assigned to either agency. Texas Health and Safety Code ( THSC), § 382.017, and TWC, § 5.103, both of which established the Commission's authority to adopt rules, THSC, § 382.035, required the Commission to adopt MOUs with State agencies by rule; and TWC, § 5.105, provided the Commission the authority to set policies.

The rules for coordination of State assisted transportation projects developed by TxDOT, codified as 43 TAC § 2.40 2.51, underline the need for and importance of comprehensive environmental coordination for all transportation projects.

The Transportation Code Section 201.607, directs TxDOT to adopt memoranda of understanding with each agency that has responsibilities for protection of the natural environment.

By statute, TECQ may enter into memoranda of understanding with any other State agency and shall adopt by rule any memorandum of understanding between TECQ and other State agency ( Water Code, Section 5.104, and Health and Safety Code, Section 382.035)

Conclusions and Recommendations Since the MOU between TCEQ and TxDOT are in compliance with 40 CFR Part 51.102 and 51.104( a) requirements, and 40 CFR part 51.851( a) and ( b), it is recommended that approval of the MOU will streamline coordination between the two agencies by consolidating separate MOU provisions currently in the air regulations and the water regulations.


[Federal Register: May 10, 2010 (Volume 75, Number 89)]
[Notices]
[Page 25874]
[DOCID:fr10my10-68]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1904-DR; Docket ID FEMA-2010-0002]

Connecticut; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Connecticut (FEMA-1904-DR), dated April 23,
2010, and related determinations.

DATES: Effective Date: April 23, 2010.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Recovery Directorate,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated April 23, 2010, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the damage in certain areas of the State
of Connecticut resulting from severe storms and flooding beginning
on March 12, 2010, and continuing, is of sufficient severity and
magnitude to warrant a major disaster declaration under the Robert
T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C.
5121 et seq. (the ``Stafford Act''). Therefore, I declare that such
a major disaster exists in the State of Connecticut.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated areas and Hazard Mitigation throughout the State. Direct
Federal assistance is authorized. Consistent with the requirement
that Federal assistance is supplemental, any Federal funds provided
under the Stafford Act for Public Assistance and Hazard Mitigation
will be limited to 75 percent of the total eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Michael L. Parker, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of Connecticut have been
designated as adversely affected by this major disaster:

    Fairfield, Middlesex, and New London Counties for Public
Assistance. Direct Federal assistance is authorized.
    All counties within the State of Connecticut are eligible to
apply for assistance under the Hazard Mitigation Grant Program.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2010-10917 Filed 5-7-10; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 87, Number 191 (Tuesday, October 4, 2022)]
[Notices]
[Page 60154]
[FR Doc No: 2022-21478]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14514-003]

Community of Elfin Cove Non-Profit Corporation, DBA Elfin Cove
Utility Commission; Notice of Intent To Prepare an Environmental
Assessment

    On August 24, 2020, the Community of Elfin Cove Non-Profit
Corporation DBA Elfin Cove Utility Commission (Elfin Cove) filed an
application for an original minor license to construct and operate the
105-kilowatt Crooked Creek and Jim's Lake Hydroelectric Project No.
14514 (project). The proposed project would be located on Crooked Creek
and Jim's Lake near the community of Elfin Cove, in the Sitka Recording
District, Unorganized Borough, Alaska. The project would occupy 10.5
acres of federal land in the Tongass National Forest, managed by the
U.S. Department of Agriculture's Forest Service.
    In accordance with the Commission's regulations, on June 27, 2022,
Commission staff issued a notice that the project was ready for
environmental analysis (REA Notice). Based on the information in the
record, including comments filed on the REA Notice, staff does not
anticipate that licensing the project would constitute a major federal
action significantly affecting the quality of the human environment.
Therefore, staff intends to prepare an Environmental Assessment (EA) on
the application to license the Crooked Creek and Jim's Lake Project.
    The EA will be issued and circulated for review by all interested
parties. All comments filed on the EA will be analyzed by staff and
considered in the Commission's final licensing decision.
    The application will be processed according to the following
schedule. Revisions to the schedule may be made as appropriate.
---------------------------------------------------------------------------

    \1\ The Council on Environmental Quality's (CEQ) regulations
under 40 CFR 1501.10(b)(1) require that EAs be completed within 1
year of the federal action agency's decision to prepare an EA. This
notice establishes the Commission's intent to prepare an EA for the
Crooked Creek and Jim's Lake Project. Therefore, in accordance with
CEQ's regulations, the final EA must be issued within 1 year of the
issuance date of this notice.

------------------------------------------------------------------------
                 Milestone                           Target date
------------------------------------------------------------------------
Commission issues EA......................  March 2023.\1\
Comments on EA............................  April 2023.
------------------------------------------------------------------------

    Any questions regarding this notice may be directed to John
Matkowski at<PHONE_NUMBER> or [email protected].

    Dated: September 28, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-21478 Filed 10-3-22; 8:45 am]
BILLING CODE 6717-01-P


UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

							Served: February 21, 2003

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

PACE AIRLINES, INC.

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

NOTICE OF REGISTRATION OF TRADE NAME

On January 27, 2003, Pace Airlines, Inc., a certificated air carrier, requested that the Department register the trade name “Hooters Air” for use in certain of its charter passenger operations.

Part 215 of the Department’s regulations provides that any carrier wishing to use an alternative trade name must first register that name with the Department.  The rule further states that the Department may register such trade name after the carrier gives notification to similarly named carriers of the proposed use of the trade name.  In this case, there are no similarly named carriers.

Under these circumstances, we acknowledge the registration of the trade name “Hooters Air” by Pace Airlines for use in its operations.

Dated at Washington, D.C., February 21, 2003

RANDALL D. BENNETT

Director

Office of Aviation Analysis

				Attachment A

SERVICE LIST FOR PACE AIRLINES

MR F DARRELL RICHARDSON

PRESIDENT & CEO

PACE AIRLINES

3800 N LIBERTY STREET

WINSTON-SALEM NC  27105

MR ROBERT E COHN

MS SHERYL R ISRAEL

CNSL FOR PACE AIRLINES

SHAW PITTMAN

2300 N STREET NW

WASHINGTON DC  20037

MANAGER ASO-200

FAA SO REGION HDQ

PO BOX 20636

ATLANTA GA  30320

MR DON BRIGHT  K-14

OFFICE OF AIRLINE INFO

DEPT OF TRANSPORTATION

400 7TH STREET SW

WASHINGTON DC  20590

AMERICAN ASSOC OF

AIRPORT EXECUTIVES

601 MADISON ST  STE 400

ALEXANDRIA VA  22314

MR JAMES VERRE

MANAGER FAA FSDO-05

6433 BRYAN BLVD

GREENSBORO  NC  27409

REGIONAL CNSL ASO-7

FLIGHT STANDARDS DIV

SOUTHERN REGION HDQS

PO BOX 20636

ATLANTA GA  30320

MR RICHARD DUTTON

ASST MANAGER CSET

FAA AFS-900 SUITE 203B

45005 AVIATION DRIVE

DULLES VA  20166-7537

MR PETER LYNCH

ASST CHIEF CNSL FOR

ENFORCEMENT AGC-300

FAA

800 INDEPENDENCE AVE SW

WASHINGTON DC  20591

MS JONI MOUNT

PRODUCT MANAGER

OFFICIAL AIRLINE GUIDE

2000 CLEARWATER DR

OAK BROOK IL  60521

MR JAMES ZAMMAR

DIRECTOR OF REVENUE

ACCOUNTING

ATA  SUITE 1100

1301 PENNSYLVANIA AVE NW

WASHINGTON DC  20004

MR ALLEN MUTEN

ASST TREASURER

AIRLINES REPORTING CORP

1530 WILSON BLVD  STE 800

ARLINGTON VA  22209-2448

MR J D MEALOR

AIRLINE DATA COORDINATOR

INNOVATA LLC

3915 OLD MUNDY MILL RD

OAKWOOD GA  30566-3410

	Pace Airlines conducts operations under certificates authorizing it to engage in interstate and foreign charter air transportation.  (See Order 2002-1-17, issued January 31, 2002.)  The company is adopting the “Hooters Air” trade name for use in certain of its charter operations as a result of a recent change in its ownership.


[Federal Register Volume 85, Number 198 (Tuesday, October 13, 2020)]
[Notices]
[Page 64609]
[FR Doc No: 2020-22512]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. 2020-66]

Petition for Exemption; Summary of Petition Received; Pyka Inc.

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

ACTION: Notice.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of Federal Aviation Regulations. The
purpose of this notice is to improve the public's awareness of, and
participation in, the FAA's exemption process. Neither publication of
this notice nor the inclusion or omission of information in the summary
is intended to affect the legal status of the petition or its final
disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before November 2, 2020.

ADDRESSES: Send comments identified by docket number FAA-2019-0948
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation, 1200 New Jersey Avenue SE, Room W12-140,
West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to http://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jake Troutman,<PHONE_NUMBER>, Office
of Rulemaking, Federal Aviation Administration, 800 Independence Avenue
SW, Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on October 2, 2020.
Brandon Roberts,
Executive Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2019-0948.
    Petitioner: Pyka Inc.
    Section(s) of 14 CFR Affected: Sec. Sec.  61.3(a)(1)(i); 91.7(a);
91.119(c); 91.121; 91.151(b); 91.405(a); 91.407(a)(1); 91.409(a)(1) and
(2); 91.417(a) and (b); 137.19(c), (d), (e)(2)(ii), (e)(2)(iii), and
(e)(2)(v); 137.31; 137.33; 137.41(c); and 137.42.
    Description of Relief Sought: Pyka Inc. (Pyka) seeks relief from 14
CFR 61.3(a)(1)(i); 91.7(a); 91.119(c); 91.121; 91.151(b); 91.405(a);
91.407(a)(1); 91.409(a)(1) and (2); 91.417(a) and (b); 137.19(c), (d),
(e)(2)(ii), (e)(2)(iii), and (e)(2)(v); 137.31; 137.33; 137.41(c); and
137.42 and has amended their petition for exemption. By letter dated
November 15, 2019, Pyka submitted a petition for exemption to request
relief for operations under Sec.  44807 of the FAA Reauthorization Act
of 2018 (P.L. 115-254) to operate its proprietary Pyka P-400b fixed-
wing unmanned aircraft system (UAS), with a maximum takeoff weight of
600 pounds (lbs.), for aerial agricultural spraying operations in
remote rural operating environments in the United States. By letter
dated July 17, 2020, Pyka submitted an amendment to their original
petition to replace the P-400b UAS with the proprietary Pyka Pelican
UAS. The Pelican is derived from the Pyka P-400b and has a gross weight
of 1,124 lbs. The Pelican is equipped with the same fuselage and flight
control software as the P-400b. It improves on the safety of the design
with sealed enclosures for various subsystems, improved stability and
ground handling, a Light Detection and Ranging (LIDAR) obstacle
avoidance system, and improved power density for better performance. In
addition, the increased payload capacity of the Pelican UAS will allow
for more efficient spraying operations. For these reasons, Pyka seeks
to replace the P-400b UAS with the Pelican UAS in its pending petition
for exemption. The only change requested in this amendment is the
aircraft to be operated. The original relief requested and the concept
of operations remains the same.

[FR Doc. 2020-22512 Filed 10-9-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 38 (Monday, February 27, 2023)]
[Notices]
[Pages 12431-12432]
[FR Doc No: 2023-03901]

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

Federal Railroad Administration

[Docket Number FRA-2017-0084]

Petition for Extension of Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this
document provides the public notice that by letter dated December 28,
2022, Norfolk Southern Corporation (NS) petitioned the Federal Railroad
Administration (FRA) for an extension of a waiver of compliance from
certain provisions of the Federal railroad safety regulations contained
at 49 CFR part 214 (Railroad Workplace Safety). The relevant FRA Docket
Number is FRA-2017-0084.
    Specifically, NS requests to extend its relief from Sec.
214.336(c), On-track safety procedures for certain roadway work groups
and adjacent tracks, as it pertains to procedures for adjacent
controlled track movements at 25 miles per hour (mph) or less.
    NS indicates this request is specific to a unique working group,
the R-3 Dual Rail Gang (R-3 Gang), and the relief would only apply to
this group. This group is a system-level production gang comprised of
78 employees and 40 roadway maintenance machines with the capability to
remove both rails while simultaneously installing both new rails. NS
seeks relief from the requirement of using the gauge position of the
rail as the point for the plane that is not to be broken on the
occupied track. Instead, NS seeks to use the removed rails of the
occupied track as an envelope for on-ground work performed exclusively
between these rails for the employees working in the R-3 Gang. NS
asserts the R-3 Gang's work can be performed safely. Additionally, NS
seeks relief from the requirement that on-ground work be performed
exclusively between the rails

(i.e., not breaking the plane of the rails) of the occupied track. NS
seeks to extend its relief to allow up to 4 on-ground employees (when
working with one adjacent controlled track) and up to 8 on-ground
employees (when working with two adjacent controlled tracks) of the R-3
Gang to break the plane of the outside rail to perform minor work.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment and a public hearing, they
should notify FRA, in writing, before the end of the comment period and
specify the basis for their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted at http://www.regulations.gov. Follow the online instructions for submitting
comments.
    Communications received by April 28, 2023 will be considered by FRA
before final action is taken. Comments received after that date will be
considered if practicable.
    Anyone can search the electronic form of any written communications
and comments received into any of our dockets by the name of the
individual submitting the comment (or signing the document, if
submitted on behalf of an association, business, labor union, etc.).
Under 5 U.S.C. 553(c), the U.S. Department of Transportation (DOT)
solicits comments from the public to better inform its processes. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacy-notice for the privacy notice of
regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2023-03901 Filed 2-24-23; 8:45 am]
BILLING CODE 4910-06-P