[Federal Register: February 18, 2010 (Volume 75, Number 32)]
[Notices]
[Page 7279-7281]
[DOCID:fr18fe10-39]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-N-0496]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Tobacco Product
Standard on Flavored Cigarettes

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by March
22, 2010.

ADDRESSES:  To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
FAX:<PHONE_NUMBER>, or e-mailed to<EMAIL_ADDRESS>All
comments should be identified with the OMB control number 0910-0647.
Also include the FDA docket number found in brackets in the heading of
this document.

FOR FURTHER INFORMATION CONTACT:  Jonna Capezzuto, Office of
Information Management, Food and Drug Administration, 1350 Piccard Dr.,
PI50-400B, Rockville, MD 20850,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Tobacco Product Standard on Flavored Cigarettes--(OMB Control Number
0910-0647)--Extension

    On June 22, 2009, the President signed the Family Smoking
Prevention and Tobacco Control Act (Tobacco Control Act) (Public Law
111-31) into law. The Tobacco Control Act amended the Federal Food,
Drug, and Cosmetic Act (the act) by adding a new chapter granting FDA
important new authority to regulate the manufacture, marketing, and
distribution of tobacco products to protect the public health generally
and to reduce tobacco use by minors.
    FDA is requesting an extension of an existing collection of
information pertaining to section 907(a)(1)(A) of the act (21 U.S.C.
397(a)(1)(A), as amended by the Tobacco Control Act, which provides a
general tobacco standard special rule for cigarettes that became
effective on September 22, 2009. This special rule for cigarettes
states in part that ``* * * a cigarette or any of its component parts
(including the tobacco, filter, or paper) shall not contain, as a
constituent (including a smoke constituent) or additive, an artificial
or natural flavor (other than tobacco or menthol) or an herb or spice,
including strawberry, grape, orange, clove, cinnamon, pineapple,
vanilla, coconut, licorice, cocoa, chocolate, cherry, or coffee, that
is a characterizing flavor of the tobacco product or tobacco smoke.''
    As part of our enforcement strategy, FDA created a Tobacco Call
Center (with a toll-free number) to accept information from the public
about violations of this provision, known as the cigarette flavor ban.
Callers are able to report violations of the cigarette flavor ban and
FDA will determine whether to conduct targeted followup investigations
based on information the agency receives. Members of the public who
wish to report a violation will be asked for certain information: Name
and contact information, which are optional, date that the caller
observed or purchased the alleged violative product, description of the
tobacco product, and address of the retail outlet or Internet address
where the violative product was available. FDA developed a form (FDA
Form 3734) that Tobacco Call Center representatives use to record this
information. Additionally, this form is posted on FDA's Internet at
http://www.accessdata.fda.gov/scripts/email/TobaccoProducts/
flavoredCigarettes.cfm) which allows the public to report violations of
the cigarette flavor ban by filling out the form online. Others may
simply choose to send a letter to FDA. (Information about how to
contact FDA's Center for Tobacco Products is posted at http://
www.fda.gov/TobaccoProducts/default.htm).
    FDA described how to report information about possible violations
in a Federal Register notice reminding regulated industry of the
effective date of the ban on certain flavored cigarettes (74 FR 48974,
September 25, 2009). FDA also included this information in the
following outreach materials:
     Letter to our tobacco control partners announcing the
cigarette flavor ban and soliciting information on possible violations,
     Press release announcing the effective date of the
cigarette flavor ban,
     Flavored tobacco products fact sheet, and
     Flavored tobacco products parental advisory.
    In the Federal Register of October 26, 2009 (74 FR 55050), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. FDA received one comment in response to the
60-day notice soliciting public comment on the extension of OMB
approval for this information collection generally supporting ``the
extension of this collection of information regarding the enforcement
of the cigarette flavor ban and submits that the extension of data
collection is critical to the `proper performance of FDA's functions'
and that it will have great `practical utility'.'' Although FDA did not
receive comment on the estimated number of respondents, FDA is
adjusting this estimate based on current reporting experience to 170
respondents.

                                                     Table 1.--Estimated Annual Reporting Burden\1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           No. of        Annual Frequency  per      Total Annual       Minutes Per
             Activity and Form FDA 3734                 Respondents             Response             Responses           Response         Total Hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
Reporting violations of section 907(a)(1)(A) of the                170                        1                170   10 (0.167 hours)                 28
 act
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    Dated: February 12, 2010.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2010-3036 Filed 2-17-10; 8:45 am]
BILLING CODE 4160-01-S


[Federal Register Volume 84, Number 134 (Friday, July 12, 2019)]
[Notices]
[Pages 33275-33276]
[FR Doc No: 2019-14844]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2019-0259]

Collection of Information Under Review by Office of Management
and Budget; OMB Control Number: 1625-0046

AGENCY: Coast Guard, DHS.

ACTION: Thirty-day notice requesting comments.

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

SUMMARY: In compliance with the Paperwork Reduction Act of 1995 the
U.S. Coast Guard is forwarding an Information Collection Request (ICR),
abstracted below, to the Office of Management and Budget (OMB), Office
of Information and Regulatory Affairs (OIRA), requesting approval for
reinstatement, without cange, of the following collection of
information: 1625-0046, Cerificates of Financial Responsibility under
the Oil Pollution Act of 1990. Our ICR describes the information we
seek to collect from the public. Review and comments by OIRA ensure we
only impose paperwork burdens commensurate with our performance of
duties.

DATES: Comments must reach the Coast Guard and OIRA on or before August
12, 2019.

ADDRESSES: You may submit comments identified by Coast Guard docket
number [USCG-2019-0259] to the Coast Guard using the Federal
eRulemaking Portal at https://www.regulations.gov. Alternatively, you
may submit comments to OIRA using one of the following means:
    (1) Email<EMAIL_ADDRESS>    (2) Mail: OIRA, 725 17th Street NW, Washington, DC 20503, attention
Desk Officer for the Coast Guard.
    (3) Fax:<PHONE_NUMBER>. To ensure your comments are received in a
timely manner, mark the fax, attention Desk Officer for the Coast
Guard.
    A copy of the ICR is available through the docket on the internet
at https://www.regulations.gov. Additionally, copies are available
from: Commandant (CG-612), Attn: Paperwork Reduction Act Manager, U.S.
Coast Guard, 2703 Martin Luther King Jr. Ave. SE, Stop 7710,
Washington, DC 20593-7710.

FOR FURTHER INFORMATION CONTACT: Mr. Anthony Smith, Office of
Information Management, telephone<PHONE_NUMBER>, or fax<PHONE_NUMBER>,
for questions on these documents.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    This notice relies on the authority of the Paperwork Reduction Act
of 1995; 44 U.S.C. chapter 35, as amended. An ICR is an application to
OIRA seeking the approval, extension, or renewal of a Coast Guard
collection of information (Collection). The ICR contains information
describing the Collection's purpose, the Collection's likely burden on
the affected public, an explanation of the necessity of the Collection,
and other important information describing the Collection. There is one
ICR for each Collection.
    The Coast Guard invites comments on whether this ICR should be
granted based on the Collection being necessary for the proper
performance of Departmental functions. In particular, the Coast Guard
would appreciate comments addressing: (1) The practical utility of the
Collection; (2) the accuracy of the estimated burden of the Collection;
(3) ways to enhance the quality, utility, and clarity of information
subject to the Collection; and (4) ways to minimize the burden of the
Collection on respondents, including the use of automated collection
techniques or other forms of information technology. Consistent with
the requirements of Executive Order 13771, Reducing Regulation and
Controlling Regulatory Costs, and Executive Order 13777, Enforcing the
Regulatory Reform Agenda, the Coast Guard is also requesting comments
on the extent to which this request for information could be modified
to reduce the burden on respondents. These comments will help OIRA
determine whether to approve the ICR referred to in this notice.
    We encourage you to respond to this request by submitting comments
and related materials. Comments to Coast Guard or OIRA must contain the
OMB Control Number of the ICR. They must also contain the docket number
of this request, [USCG-2019-0259], and must be received by August 12,
2019.

Submitting Comments

    We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions. Documents mentioned in this notice, and all public
comments, are in our online docket at https://www.regulations.gov and
can be viewed by following that website's instructions. Additionally,
if you go to the online docket and sign up for email alerts, you will
be notified when comments are posted.
    We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
    OIRA posts its decisions on ICRs online at http://www.reginfo.gov/public/do/PRAMain after the comment period for each ICR. An OMB notice
of Action on each ICR will become available via a hyperlink in the OMB
Control Number: 1625-0046.

Previous Request for Comments

    This request provides a 30-day comment period required by OIRA. The
Coast Guard has published the 60-day notice (84 FR 19093, May 3, 2019)
required by 44 U.S.C. 3506(c)(2). That notice elicited no comments.
Accordingly, no changes have been made to the Collections.

Information Collection Request

    Title: Certificcates of Financial Responsibility under the Oil
Pollution Act of 1990.
    OMB Control Number: 1625-0046.
    Summary: The information collection requirements described in this
supporting statement are necessary to provide evidence of a
respondent's ability to pay for removal costs and damages associated
with discharges or substantial threats of discharges of hazardous
material or oil into the navigable waters, adjoining shorelines or the
exclusive economic zone of the United States. The requirements are
imposed generally on operators and financial guarantors of vessel over
300 gross tons.
    Need: If the requested information is not collected, the Coast
Guard will be unable to comply with the provisions of OPA and CERCLA to
ensure that responsible parties have the ability to pay for cleanup
costs and damages when there is an oil or hazardous material spill or
threat of a spill.
    Legal authority: Section 1002 of OPA 90, as limited by section
1004(a), or section 107(a)(1) of CERCLA.
    Forms: CG-5585, Application for Vessel Certificate of Financial
Responsibility (Water Pollution); CG-5586, Insurance Guaranty; CG-5586-
1, Master Insurance Guaranty; CG-5586-2, Surety Bond Guaranty; CG-5586-
3, Financial Guaranty, and CG-5586-4, Master Financial Guaranty.
    Respondents: Vessel operators and approved insurers.
    Frequency: Annually, to include collection of information on a
three year cycle.
    Hour Burden Estimate: The estimated annual burden remains 3,400
hours a year.
    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. chapter
35, as amended.

    Dated: July 9, 2019.
James D. Roppel,
Chief, Office of Information Management, U.S. Coast Guard.
[FR Doc. 2019-14844 Filed 7-11-19; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 84, Number 236 (Monday, December 9, 2019)]
[Notices]
[Pages 67272-67274]
[FR Doc No: 2019-26470]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2019-D-1650]

Magnetic Resonance Coil--Performance Criteria for Safety and
Performance Based Pathway; Draft Guidance for Industry and Food and
Drug Administration Staff; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of the draft guidance entitled ``Magnetic Resonance
(MR) Coil--Performance Criteria for Safety and Performance Based
Pathway; Draft Guidance for Industry and Food and Drug Administration
Staff.'' The device-specific guidance identified in this notice was
developed in accordance with the final guidance entitled ``Safety and
Performance Based Pathway.'' This draft guidance is not final nor is it
in effect at this time.

DATES: Submit either electronic or written comments on the draft
guidance by February 7, 2020 to ensure that the Agency considers your
comment on this draft guidance before it begins work on the final
version of the guidance.

ADDRESSES: You may submit comments on any guidance at any time as
follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2019-D-1650 for ``Magnetic Resonance (MR) Coil--Performance
Criteria for Safety and Performance Based Pathway; Draft Guidance for
Industry and Food and Drug Administration Staff.'' Received comments
will be placed in the docket and, except for those submitted as
``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.
    You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
    An electronic copy of the guidance document is available for
download from the internet. See the SUPPLEMENTARY INFORMATION section
for information on electronic access to the guidance. Submit written
requests for a single hard copy of the draft guidance document entitled
``Magnetic Resonance (MR) Coil--Performance Criteria for Safety and
Performance Based Pathway; Draft Guidance for Industry and Food and
Drug Administration Staff'' to the Office of Policy, Guidance and
Policy Development, Center for Devices and Radiological Health, Food
and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 5431,
Silver Spring, MD 20993-0002. Send one self-addressed adhesive label to
assist that office in processing your request.

FOR FURTHER INFORMATION CONTACT: Jason Ryans, Center for Devices and
Radiological Health, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg. 66, Rm. 1613, Silver Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    This draft device-specific guidance document provides performance
criteria for premarket notification (510k) submissions to support the
optional Safety and Performance Based Pathway, as described in the
guidance entitled ``Safety and Performance Based Pathway.'' \1\ As
described in that guidance, substantial equivalence is rooted in
comparisons between new devices and predicate devices. However, the
Federal Food, Drug, and Cosmetic Act does not preclude FDA from using
performance criteria to facilitate this comparison. If a legally
marketed device performs at certain levels relevant to its safety and
effectiveness, and a new device meets those levels of performance for
the same characteristics, FDA could find the new device as safe and
effective as the legally marketed device. Instead of reviewing data
from direct comparison testing between the two devices, FDA could
support a finding of substantial equivalence with data demonstrating
the new device meets the level of performance of an appropriate
predicate device(s). Under this optional Safety and Performance Based
Pathway, a submitter could satisfy the requirement to compare its
device with a legally marketed device by, among other things,
independently demonstrating that the device's performance meets
performance criteria as established in the above-listed guidance, when
finalized, rather than using direct predicate comparison testing for
some of the performance characteristics.
---------------------------------------------------------------------------

    \1\ Available at: https://www.fda.gov/regulatory-information/search-fda-guidance-documents/safety-and-performance-based-pathway.
---------------------------------------------------------------------------

II. Significance of Guidance

    This draft guidance is being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The draft guidance, when
finalized, will represent the current thinking of FDA on performance
criteria for the Safety and Performance Based Pathway for magnetic
resonance coils. It does not establish any rights for any person and is
not binding on FDA or the public. You can use an alternative approach
if

it satisfies the requirements of the applicable statutes and
regulations.

III. Electronic Access

    Persons interested in obtaining a copy of the draft guidance may do
so by downloading an electronic copy from the internet. A search
capability for all Center for Devices and Radiological Health guidance
documents is available at https://www.fda.gov/medical-devices/device-advice-comprehensive-regulatory-assistance/guidance-documents-medical-devices-and-radiation-emitting-products. This guidance document is also
available at https://www.regulations.gov. Persons unable to download an
electronic copy of ``Magnetic Resonance (MR) Coil--Performance Criteria
for Safety and Performance Based Pathway; Draft Guidance for Industry
and Food and Drug Administration Staff (document number 19011)'' may
send an email request to<EMAIL_ADDRESS>to receive an
electronic copy of the document. Please use the document number and
complete title to identify the guidance you are requesting.

IV. Paperwork Reduction Act of 1995

    This draft guidance refers to previously approved collections of
information. These collections of information are subject to review by
the Office of Management and Budget (OMB) under the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501-3521). The collections of information in
the following FDA guidance have been approved by OMB as listed in the
following table:

------------------------------------------------------------------------
                                                            OMB control
21 CFR part; guidance; or FDA form          Topic               No.
------------------------------------------------------------------------
807, subpart E....................  Premarket                  0910-0120
                                     Notification.
``Requests for Feedback on Medical  Q-Submissions.......       0910-0756
 Device Submissions: The Q-
 Submission Program and Meetings
 with Food and Drug Administration
 Staff''.
------------------------------------------------------------------------

    Dated: December 3, 2019.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2019-26470 Filed 12-6-19; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register: September 17, 2008 (Volume 73, Number 181)]
[Rules and Regulations]
[Page 53718-53721]
[DOCID:fr17se08-8]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 55

[EPA-R01-OAR-2008-0112; A-1-FRL-8709-4]

Outer Continental Shelf Air Regulations Consistency Update for
Massachusetts

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is finalizing the updates of the Outer Continental Shelf
(OCS) Air Regulations proposed in the Federal Register on February 27,
2008. Requirements applying to OCS sources located within 25 miles of
states' seaward boundaries must be updated periodically to remain
consistent with the requirements of the corresponding onshore area
(COA), as mandated by section 328(a)(1) of the Clean Air Act Amendments
of 1990 (the Act). The portion of the OCS air regulations that is being
updated pertains to the requirements for OCS sources in the
Commonwealth of Massachusetts. The intended effect of approving the OCS
requirements for the Commonwealth of Massachusetts is to regulate
emissions from OCS sources in accordance with the requirements onshore.

DATES: Effective Date: This rule is effective on October 17, 2008. The
incorporation by reference of certain publications listed in this rule
is approved by the Director of the Federal Register as of October 17,
2008.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2008-0112. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information is not publicly available, i.e., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically through
www.regulations.gov or in hard copy at the Office of Ecosystem
Protection, U.S. Environmental Protection Agency, EPA New England
Regional Office, One Congress Street, Suite 1100, Boston, MA. EPA
requests that if at all possible, you contact the contact listed in the
FOR FURTHER INFORMATION CONTACT section to schedule your inspection.
The Regional Office's official hours of business are Monday through
Friday, 8:30 to 4:30, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Ida E. McDonnell, Air Permits, Toxics
and Indoor Air Unit, U.S. Environmental Protection Agency, EPA New
England Regional Office, One Congress Street, Suite 1100 (CAP), Boston,
MA 02114-2023, telephone number<PHONE_NUMBER>, fax number (617) 918-
0653, e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
    Organization of this document: The following outline is provided to
aid in locating information in this preamble.

I. Background
II. Public Comment
III. EPA Action
IV. Statutory and Executive Order Reviews

I. Background

    Section 328(a) of the Clean Air Act (the Act) requires that EPA
establish requirements to control air pollution from OCS sources
located within 25 miles of states' seaward boundaries that are the same
as onshore requirements. To comply with this statutory mandate, EPA
must incorporate applicable rules of the corresponding onshore area
(COA) into 40 CFR part 55.
    On February 27, 2008 (73 FR 10406), EPA proposed to incorporate
various Massachusetts air pollution control requirements into 40 CFR
part 55. These requirements are being promulgated in response to the
submittal of a Notice of Intent (NOI) on December 7, 2007 by Cape Wind
Associates, LLC of Boston, Massachusetts. EPA has evaluated the
proposed requirements to ensure that they are rationally related to the
attainment or maintenance of federal or state ambient air quality
standards or Part C of title I of the Act, that they are not designed
expressly to prevent exploration and development of the OCS and that
they are applicable to OCS sources. 40 CFR 55.1. EPA has also evaluated
the rules to ensure that they are not arbitrary or capricious. 40 CFR
55.12(e). In addition, EPA has excluded administrative or procedural
rules.
    Section 328(a) of the Act and 40 CFR part 55 limit EPA's
flexibility in deciding which requirements will be incorporated into
part 55 and prevent

EPA from making substantive changes to the requirements it
incorporates. As a result, EPA may be incorporating rules into part 55
that do not conform to all of EPA's state implementation plan (SIP)
guidance or certain requirements of the Act. Consistency updates may
result in the inclusion of state or local rules or regulations into
part 55, even though the same rules may ultimately be disapproved for
inclusion as part of the SIP. Inclusion in the OCS rule does not imply
that a rule meets the requirements of the Act for SIP approval, nor
does it imply that the rule will be approved by EPA for inclusion in
the SIP.

II. Public Comment

    EPA received comments on the proposed consistency update from Cape
Wind Associates. Summaries of those comments and EPA's responses are as
follows.
    Comment: Cape Wind Associates (CWA) recognizes EPA's approach to
the consistency review is to include all state requirements that could
potentially apply to any OCS source. CWA wants EPA to confirm that the
ultimate applicability of any specific rule to Cape Wind is to be
determined on a case-by-case basis, consistent with the unique
attributes of each OCS source, COA and the mandate to attain and
maintain ambient air quality.
    Response: Section 328 of the Act requires that for sources located
within 25 miles of a state's seaward boundary, the requirements shall
be the same as would be applicable if the sources were located in the
corresponding onshore area. EPA's action specifies the OCS requirements
that will apply to any OCS source for which Massachusetts is the COA.
The intended effect of approving the OCS requirements is to regulate
emissions from OCS sources in accordance with the requirements onshore,
to the extent those requirements are applicable to OCS sources and as
modified by the requirements of section 328 and 40 CFR part 55. In
updating 40 CFR part 55, EPA reviewed the Commonwealth's rules to
ensure that they are rationally related to the attainment or
maintenance of federal or state ambient air quality standards or part C
of title I of the Act, that they are not designed expressly to prevent
exploration and development of the OCS and that they are applicable to
OCS sources. By contrast, when permitting a source, EPA determines
which requirements apply to that source. Therefore, upon receipt of a
permit application for any proposed OCS source (including Cape Wind),
EPA will determine which of the regulations included in part 55 apply
to that OCS source.
    Comment: CWA would like EPA in the consistency update to devote
substantial attention to the nature and environmental policy
implications of the type of construction-stage sources presented in the
NOI, and the subsequent and resulting benefits of an operating
renewable energy project to air quality attainment and maintenance.
    Response: As stated above, the purpose of the consistency update is
to establish OCS requirements that regulate emissions from OCS sources
in accordance with the requirements onshore. Although the proposed
consistency update was triggered by Cape Wind's Notice of Intent, a
part 55 consistency update applies not just to the OCS source
identified in the Notice of Intent, but rather any source located in
the OCS for which the identified onshore area (in this case,
Massachusetts) is the COA. Consequently, EPA does not consider the
characteristics of particular proposed OCS sources in determining which
state requirements are applicable on the OCS.
    Comment: CWA suggests in its comments that the consistency update
may conflict with regulations currently being developed by the Minerals
Management Service (``MMS'') pursuant to the Energy Policy Act of 2005
(Pub. L. 109-58, codified in relevant part at 43 U.S.C. 1337(p)). CWA
expresses general concern with the prospect of inconsistent regulatory
actions and comments that the consistency update should be treated as a
``significant regulatory action'' under Executive Order 12866 (58 FR
51735) and a ``significant energy action'' under Executive Order 13211
(66 FR 28355).
    Response: EPA has considered the potential for the consistency
update to conflict with the actions of MMS and determined that the
consistency update does not meet the definition of significant
regulatory action under section 3 of Executive Order 12866 because it
is not likely to ``[c]reate a serious inconsistency or otherwise
interfere with an action taken or planned by another agency.''
    The consistency update simply updates the existing requirements for
controlling air pollution from OCS sources to make them consistent with
rules in the corresponding onshore areas as specifically required by
section 328 of the Act. This action is not discretionary on the part of
EPA. The authority of MMS to regulate leases, easements, or rights-of-
way on the outer continental shelf that ``produce or support [the]
production, transportation, or transmission of energy from sources
other than oil or natural gas'' under the Energy Policy Act of 2005
does not present a conflict. See 43 U.S.C. 1337(p)(1)(C). The Energy
Policy Act explicitly states that ``[n]othing in this subsection
displaces, supersedes, limits, or modifies the jurisdiction,
responsibility, or authority of any Federal or State agency under any
other Federal law.'' 43 U.S.C. 1337(p)(9). As EPA is required by the
Clean Air Act to issue the consistency update, the consistency update
is enacted under an authority not displaced by the authority granted to
the MMS and no actual conflict will occur.
    Since EPA proposed its consistency update, MMS has issued its
proposed regulations. See Alternative Energy and Alternate Uses of
Existing Facilities on the Outer Continental Shelf, 73 FR 39376 (July
9, 2008). EPA has found no possible conflict between this action and
MMS's proposed regulations. Indeed, MMS's proposed rule specifically
states that proposed OCS sources (other than those in the western Gulf
of Mexico, for which MMS itself establishes the air pollution
requirements) must comply with the Act and 40 CFR part 55. See 73 FR at
39384, 39429, 39431, 39498. Consequently, there is no conflict. Because
the consistency update will not conflict with actions taken by MMS
pursuant to the Energy Policy Act of 2005, the consistency update is
not an ``inconsistent, incompatible, or duplicative'' regulation and is
not rendered a significant regulatory action under Executive Order
12866.
    Executive Order 13211 outlines additional procedures to be followed
when a regulation is both a significant regulatory action under
Executive Order 12866 and is either ``likely to have a significant
adverse effect on the supply, distribution, or use of energy,'' or is
designated by the Administrator of the Office of Information and
Regulatory Affairs. Since the consistency update is not a significant
regulatory action under Executive Order 12866, it is not a significant
energy action under Executive Order 13211.
    Finally, even if the consistency update were a significant
regulatory action under Executive Order 12866, EPA has no reason to
believe that updating the existing requirements for controlling air
pollution from outer continental shelf sources to make them consistent
with rules already applied to sources in the corresponding onshore
areas would be ``likely to have a significant adverse effect on the
supply, distribution, or use of energy'' within the meaning of section
4(b)(1)(ii) of

Executive Order 13211. Therefore, even if the consistency update were a
significant regulatory action under Executive Order 12866, it would not
be a significant energy action under Executive Order 13211.

III. EPA Action

    In this document, EPA takes final action to incorporate the
proposed changes into 40 CFR part 55. No changes were made to the
proposed action. EPA is approving the proposed action under section
328(a)(1) of the Act, 42 U.S.C. 7627. Section 328(a) of the Act
requires that EPA establish requirements to control air pollution from
OCS sources located within 25 miles of states' seaward boundaries that
are the same as onshore requirements. To comply with this statutory
mandate, EPA must incorporate applicable onshore rules into part 55 as
they exist onshore.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to establish
requirements to control air pollution from OCS sources located within
25 miles of States' seaward boundaries that are the same as onshore air
control requirements. To comply with this statutory mandate, EPA must
incorporate applicable onshore rules into part 55 as they exist
onshore. 42 U.S.C. 7627(a)(1); 40 CFR 55.12. Thus, in promulgating OCS
consistency updates, EPA's role is to maintain consistency between OCS
regulations and the regulations of onshore areas, provided that they
meet the criteria of the Clean Air Act. Accordingly, this action simply
updates the existing OCS requirements to make them consistent with
requirements onshore, without the exercise of any policy discretion by
EPA. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     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 EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
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, nor does it impose
substantial direct compliance costs on tribal governments, nor preempt
tribal law.
    Under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501
et seq., OMB has approved the information collection requirements
contained in 40 CFR part 55 and, by extension, this update to the
rules, and has assigned OMB control number 2060-0249. Notice of OMB's
approval of EPA Information Collection Request (``ICR'') No. 1601.06
was published in the Federal Register on March 1, 2006 (71 FR 10499-
10500). The approval expires January 31, 2009. As EPA previously
indicated (70 FR 65897-65898 (November 1, 2005)), the annual public
reporting and recordkeeping burden for collection of information under
40 CFR part 55 is estimated to average 549 hours per response. Burden
means the total time, effort, or financial resources expended by
persons to generate, maintain, retain, or disclose or provide
information to or for a Federal agency. This includes the time needed
to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9 and are identified on
the form and/or instrument, if applicable. In addition, the table in 40
CFR part 9 of currently approved OMB control numbers for various
regulations lists the regulatory citations for the information
requirements contained in 40 CFR part 55.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by November 17, 2008. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 55

    Environmental protection, Administrative practice and procedure,
Air pollution control, Continental Shelf, Incorporation by reference,
Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides.

    Dated: August 18, 2008.
Ira W. Leighton,
Acting Regional Administrator, EPA New England.

0
For the reasons stated in the preamble, title 40, chapter I of the Code
of Federal Regulations, is amended as follows:

PART 55--[AMENDED]

0
1. The authority citation for part 55 continues to read as follows:

    Authority: Section 328 of the Act (42 U.S.C. 7401, et seq.) as
amended by Public Law 101-549.

0
2. Section 55.14 is amended as follows:
0
a. By adding paragraph (d)(11).
0
b. In paragraph (e) introductory text by adding a new address after the
words ``regional offices:''.
0
c. By adding paragraph (e)(11).

Sec.  55.14  Requirements that apply to OCS sources located within 25
miles of States' seaward boundaries, by State.

* * * * *
    (d) * * *
    (11) Massachusetts.
    (i) 40 CFR part 52, subpart W.
    (ii) [Reserved]
* * * * *
    (e) * * * U.S.EPA, Region 1 (Massachusetts) One Congress Street,
Boston, MA 02114-2023 * * *
* * * * *
    (11) Massachusetts.
    (i) State requirements.
    (A) Commonwealth of Massachusetts Requirements Applicable to OCS
Sources, December 28, 2007.
    (B) [Reserved]
    (ii) Local requirements.
    (A) [Reserved]
* * * * *
0
3. Appendix A to CFR part 55 is amended by adding an entry for
Massachusetts in alphabetical order to read as follows:

Appendix A to Part 55--Listing of State and Local Requirements
Incorporated by Reference Into Part 55, by State

* * * * *
    Massachusetts
    (a) State requirements.
    (1) The following Commonwealth of Massachusetts requirements are
applicable to OCS Sources, December 28, 2007, Commonwealth of
Massachusetts--Department of Environmental Protection. The following
sections of 310 CMR 4.00, 310 CMR 6.00, 310 CMR 7.00 and 310 CMR
8.00:

310 CMR 4.00: Timely Action Schedule and Fee Provisions

Section 4.01: Purpose, Authority and General Provisions (Effective
10/19/2007)
Section 4.02: Definitions (Effective 10/19/2007)
Section 4.03: Annual Compliance Assurance Fee (Effective 10/19/2007)

310 CMR 6.00: Ambient Air Quality Standards for the Commonwealth of
Massachusetts

Section 6.01: Definitions (Effective 12/28/2007)
Section 6.02: Scope (Effective 12/28/2007)
Section 6.03: Reference Conditions (Effective 12/28/2007)
Section 6.04: Standards (Effective 12/28/2007)

310 CMR 7.00: Air Pollution Control

Section 7.00: Statutory Authority; Legend; Preamble; Definitions
(Effective 12/28/2007)
Section 7.01: General Regulations to Prevent Air Pollution
(Effective 12/28/2007)
Section 7.02: U Plan Approval and Emission Limitations (Effective
12/28/2007)
Section 7.03: U Plan Approval Exemptions: Construction Requirements
(Effective 12/28/2007)
Section 7.04: U Fossil Fuel Utilization Facilities (Effective 12/28/
2007)
Section 7.05: U Fuels All Districts (Effective 12/28/2007)
Section 7.06: U Visible Emissions (Effective 12/28/2007)
Section 7.07: U Open Burning (Effective 12/28/2007)
Section 7.08: U Incinerators (Effective 12/28/2007)
Section 7.09: U Dust, Odor, Construction and Demolition (Effective
12/28/2007)
Section 7.11: U Transportation Media (Effective 12/28/2007)
Section 7.12: U Source Registration (Effective 12/28/2007)
Section 7.13: U Stack Testing (Effective 12/28/2007)
Section 7.14: U Monitoring Devices and Reports (Effective 12/28/
2007)
Section 7.15: U Asbestos (Effective 12/28/2007)
Section 7.18: U Volatile and Halogenated Organic Compounds
(Effective 12/28/2007)
Section 7.19: U Reasonably Available Control Technology (RACT) for
Sources of Oxides of Nitrogen (NOX) (Effective 12/28/
2007)
Section 7.21: Sulfur Dioxide Emissions Limitations (Effective 12/28/
2007)
Section 7.22: Sulfur Dioxide Emissions Reductions for the Purpose of
Reducing Acid Rain (Effective 12/28/2007)
Section 7.24: U Organic Material Storage and Distribution (Effective
12/28/2007)
Section 7.25: U Best Available Controls for Consumer and Commercial
Products (Effective 12/28/2007)
Section 7.26: Industry Performance Standards (Effective 12/28/2007)
Section 7.27: NOX Allowance Program (Effective 12/28/
2007)
Section 7.28: NOX Allowance Trading Program (Effective
12/28/2007)
Section 7.29: Emissions Standards for Power Plants (Effective 12/28/
2007)
Section 7.60: U Severability (Effective 12/28/2007)
Section 7.00: Appendix A (Effective 12/28/2007)
Section 7.00: Appendix B (Effective 12/28/2007)
Section 7.00: Appendix C (Effective 12/28/2007)

310 CMR 8.00: The Prevention and/or Abatement of Air Pollution Episode
and Air Pollution Incident Emergencies

Section 8.01: Introduction (Effective 12/28/2007)
Section 8.02: Definitions (Effective 12/28/2007)
Section 8.03: Air Pollution Episode Criteria (Effective 12/28/2007)
Section 8.04: Air Pollution Episode Potential Advisories (Effective
12/28/2007)
Section 8.05: Declaration of Air Pollution Episodes and Incidents
(Effective 12/28/2007)
Section 8.06: Termination of Air Pollution Episodes and Incident
Emergencies (Effective 12/28/2007)
Section 8.07: Emission Reductions Strategies (Effective 12/28/2007)
Section 8.08: Emission Reduction Plans (Effective 12/28/2007)
Section 8.15: Air Pollution Incident Emergency (Effective 12/28/
2007)
Section 8.30: Severability (Effective 12/28/2007)
(2) [Reserved]
* * * * *
[FR Doc. E8-21486 Filed 9-16-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 75, Number 5 (Friday, January 8, 2010)]
[Notices]
[Pages 1070-1071]
[FR Doc No: X10-480108]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2009-1079]

Cargo Securing Methods for Packages in Transport Vehicles or
Freight Containers

AGENCY: Coast Guard, DHS.

ACTION: Notice of request for comments.

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

SUMMARY: The Coast Guard seeks comments from the public on methods for
securing cargo in transport vehicles and freight containers in order to
determine if a standardized approval or certification process or
improved performance criteria for flexible strapping securing systems
is needed. Under current U.S. regulations and international codes,
there is no certification or qualification standard for blocking,
bracing, or for the use of strapping systems for securing cargo. Cargo
must be secured to prevent shifting in any direction during transport.
Packages of hazardous materials must be braced and dunnaged within a
container so that they are not likely to be pierced or crushed and the
materials must be in proper condition for transportation. Currently,
the specific method for securing cargo is left to the discretion of the
individual or company packing the container. The Coast Guard is
considering whether there is a need for a standardized certification or
approval process for cargo securing systems.

DATES: Comments and related material must either be submitted to our
online docket via http://www.regulations.gov on or before March 9, 2010
or reach the Docket Management Facility by that date.

ADDRESSES: You may submit comments identified by docket number USCG-
2009-1079 using any one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Management Facility (M-30), U.S. Department
of Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
     Hand delivery: Same as mail address above, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call or e-mail Morgan Armstrong, telephone<PHONE_NUMBER>, e-mail:
<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to submit comments and related material. All
comments received will be posted, without change, to http://
www.regulations.gov and will include any personal information you have
provided.
    Submitting comments: If you submit a comment, please include the
docket number for this notice (USCG-2009-1079) and provide a reason for
each suggestion or recommendation. You may submit your comments and
material online, or by fax, mail or hand delivery, but please use only
one of these means. We recommend that you include your name and a
mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Notices'' and insert ``USCG-2009-1079'' in the ``Keyword'' box. Click
``Search'' then click on the balloon shape in the ``Actions'' column.
If you submit your comments by mail or hand delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit them by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period.
    Viewing the comments: To view the comments, go to http://
www.regulations.gov, click on the ``read comments'' box, which will
then become highlighted in blue. In the ``Keyword'' box insert ``USCG-
2009-1079'' and click ``Search.'' Click the ``Open Docket Folder'' in
the ``Actions'' column. If you do not have access to the Internet, you
may view the docket online by visiting the Docket Management Facility
in Room W12-140 on the ground floor of the 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. We have an agreement with the Department of Transportation to
use the Docket Management Facility.
    Privacy Act: Anyone can search the electronic form of 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 a
Privacy Act, system of records notice regarding our public dockets in
the January 17, 2008, issue of the Federal Register (73 FR 3316).

Background and Purpose

    It has recently been brought to the Coast Guard's attention that
significant damage and shifting of packages has purportedly occurred in
cargo transport units in which the cargo was secured with flexible
strapping. There is a concern that without an approval process, certain
flexible strapping systems could be used even though they may not
adequately secure cargo when properly installed.
    Requirements for the securing of cargo can be found in 49 CFR
176.76 and in Chapter 7.5 of the International Maritime Dangerous Goods
(IMDG) Code. Additional recommendations can be found in the IMDG Code
Supplement. These are the Guidelines for Packing of Cargo Transport
Units (CTUs), which were developed in 1996 by the United Nations
Economic Commission for Europe (UN ECE) Working Party on Combined
Transport, the International Labor Organization (ILO), and the
International Maritime Organization (IMO). These Guidelines are based
on the existing ILO/IMO Guidelines for Packing Cargo in Freight
Containers or Vehicles and are applicable to transport operations by
all surface and water modes of transportation and the whole
international transportation chain.
    As required in 49 CFR 176.76, cargo, including hazardous materials,
transported in vehicles and freight containers must be secured during
transport to prevent shifting of the cargo and damage to the container.
This requirement is true for all modes of surface transportation due to
the fact that containers are transported by vessel, rail, and highway.
Accordingly, the cargo must be adequately secured to withstand the
unique forces exerted on the packages during each of these modes

of transport. Although there are recommended methods, the ultimate
responsibility for properly securing cargo inside a container (by
blocking, bracing, and strapping) resides with the packer of the
container.
    U.S. regulations make reference to dunnage as a method for securing
cargo and defines it in 49 CFR 176.2 as ``lumber of not less than 25 mm
(0.98 inch) commercial thickness or equivalent material laid over or
against structures such as tank tops, decks, bulkheads, frames,
plating, or ladders, or used for filling voids or fitting around cargo,
to prevent damage during transportation.'' However, there is no
reference made to flexible strapping systems. The Department of
Transportation (DOT) has issued exemptions to 49 CFR 176.76(a)(4),
allowing the use of fabric restraint dunnage systems to secure certain
hazardous materials, when installed as specified by the manufacturer's
instructions.
    There are a variety of options for developing a standard. One
option is to request that the UN ECE, ILO, and IMO consider
incorporating flexible strapping systems into their Guidelines. Another
option is to have the International Standards Organization (ISO)
develop testing and performance requirements. The U.S. could also
create domestic regulations for incorporation into 49 CFR part 176. The
final option is to continue operations as they currently exist,
allowing the packer to determine the best method of securing cargo
without a standardized approval or certification process.
    The Coast Guard invites comments on the following topics:
     The need for a new approval process or certification
standard for cargo securing systems.
     Information on currently used standards for the approval
and use of cargo securing systems.
     Methods for ensuring or verifying that securing systems
adequately secure cargo without damaging the container or cargo.
     Existing test methods for securing systems.
     Materials used for securing cargo within the container
(e.g. wood, plastic, bags, web, wire, chain, etc.).
     Allowances for movement of cargo within the container when
securing systems are used.
     Information on cargo securing systems that are currently
being used to secure cargo in containers, both domestically and
internationally.
    Written comments and responses to the above topics will be added to
the docket number for this notice (USCG-2009-1079). The Coast Guard
intends to review and analyze all comments received in order to develop
a way forward for securing cargo in containers.
    This notice is issued under authority of 5 U.S.C. 552.

    Dated: December 29, 2009.
J.G. Lantz,
Director of Commercial Regulations and Standards.
[FR Doc. 2010-106 Filed 1-7-10; 8:45 am]
BILLING CODE 9110-04-P