[Federal Register Volume 85, Number 50 (Friday, March 13, 2020)]
[Proposed Rules]
[Pages 14622-14628]
[FR Doc No: 2020-04650]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 228

[EPA-R04-OW-2020-0056; FRL-10006-07-Region 4]

Ocean Dumping: Modification of an Ocean Dredged Material Disposal
Site Offshore of Port Everglades, Florida

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a modification of the existing EPA designated ocean dredged
material disposal site (ODMDS) offshore of Port Everglades, Florida
(referred to hereafter as the existing Port Everglades ODMDS) pursuant
to the Marine Protection, Research and Sanctuaries Act, as amended
(MPRSA). The primary purpose for the site modification is to enlarge
the site to serve the long-term need for a location to dispose of
suitable material dredged from the Port Everglades Harbor and for the
disposal of suitable dredged material for persons who receive a MPRSA
permit for such disposal. The modified site will be subject to
monitoring and management to ensure continued protection of the marine
environment.

DATES: Written comments must be received on or before April 13, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OW-2020-0056, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for
submitting comments and accessing the docket and materials related to
this proposed rule.
     Email<EMAIL_ADDRESS>     Mail: Wade Lehmann, U.S. Environmental Protection Agency,
Region 4, Water Division, Oceans and Estuarine Management Section, 61
Forsyth Street SW, Atlanta, Georgia 30303.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OW-
2020-0056. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit through
www.regulations.gov or email, information that you consider to be CBI
or otherwise protected. The www.regulations.gov website is an
``anonymous access'' system, which means the EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to the EPA without
going through www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the internet. If you
submit an electronic comment, the EPA recommends that you include your
name and other contact information in the body of your comment and with
any disk or CD-ROM you submit. If the EPA cannot read your comment due
to technical difficulties and cannot contact you for clarification, the
EPA may not be able to consider your comment. Electronic files should
avoid the use of special characters, any form of encryption, and be
free of any defects or viruses. For additional information about the
EPA's public docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: Publicly available docket materials are available either
electronically at www.regulations.gov or in hard copy during normal
business hours from the regional library at the EPA, Region 4 Library,
9th Floor, 61 Forsyth Street SW, Atlanta, Georgia 30303. For access to
the documents at the Region 4 Library, contact the Region 4 Library
Reference Desk at<PHONE_NUMBER>, between the hours of 9:00 a.m. to
12:00 p.m., and between the hours of 1:00 p.m. to 4:00 p.m., Monday
through Friday, excluding Federal holidays, for an appointment.

FOR FURTHER INFORMATION CONTACT: Wade Lehmann, U.S. Environmental
Protection Agency, Region 4, Water Division, Oceans and Estuarine
Management Section, 61 Forsyth Street SW, Atlanta, Georgia 30303; phone
number<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Potentially Affected Persons

    Persons potentially affected by this action include those who seek
or might seek permits or approval to dispose of dredged material into
ocean waters pursuant to the MPRSA, 33 U.S.C. 1401 to 1445. The EPA's
proposed action would be relevant to persons, including organizations
and government bodies seeking to dispose of dredged material in ocean
waters offshore of Port Everglades, Florida. Currently, the U.S. Army
Corps of Engineers (USACE) would be most affected by this action.
Potentially affected categories and persons include:

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                                      Examples of potentially regulated
             Category                              persons
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Federal Government................  USACE Civil Works projects, and
                                     other Federal agencies.
Industry and general public.......  Port authorities, marinas and
                                     harbors, shipyards and marine
                                     repair facilities, berth owners.
State, local and tribal             Governments owning and/or
 governments.                        responsible for ports, harbors, and/
                                     or berths, government agencies
                                     requiring disposal of dredged
                                     material associated with public
                                     works projects.
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    This table is not intended to be exhaustive, but rather provides a
guide for readers regarding persons likely to be affected by this
proposed action. For any questions regarding the applicability of this
proposed action to a particular entity, please refer to the contact
person listed in the preceding FOR FURTHER INFORMATION CONTACT section.

II. Background

a. History of Disposal Sites Offshore of Port Everglades, Florida

    There is currently one designated ODMDS off the coast of Port
Everglades, Florida. The existing Port Everglades ODMDS is located
three nautical miles offshore of Fort Lauderdale. It is currently 1.43
square nautical miles (nmi\2\) in size. The Port Everglades ODMDS
received final designation in 2005.
    The USACE Port Everglades District and the EPA Region 4 have
identified a need to either designate a new ODMDS or modify the
existing Port Everglades ODMDS. The need for modifying current ocean
disposal capacity is based on future capacity requirements, historical
dredging volumes, estimates of dredging volumes for future proposed
projects, and limited capacity of upland confined disposal facilities
(CDFs) in the area.
    The EPA is proposing to modify, by expansion, the existing Port
Everglades ODMDS rather than designate a new site off the coast of Port
Everglades for ocean disposal of dredged material. The proposed
modification of the existing Port Everglades ODMDS for dredged material
does not mean that the USACE or the EPA has approved the use of the
existing Port Everglades ODMDS or a modified Port Everglades ODMDS for
open water disposal of dredged material from any specific project.
Before any person can ocean dump dredged material at the existing Port
Everglades ODMDS or a modified Port Everglades ODMDS, the EPA and the
USACE must evaluate the project according to the ocean dumping
regulatory criteria (40 CFR 227) and the USACE must authorize the
disposal. Under section 103 of the MPRSA, the USACE is the federal
agency that decides whether to issue a permit authorizing the ocean
disposal of dredged materials. In the case of federal navigation
projects, the USACE may implement the MPRSA directly in the USACE
projects involving ocean disposal of dredged materials. The USACE
relies on the EPA's ocean dumping criteria when evaluating permit
requests for (and implementing federal projects involving) the
transportation of dredged material for the purpose of dumping it into
ocean waters. MPRSA permits and federal projects involving ocean
dumping of dredged material are subject to the EPA's review and
concurrence in accordance with 33 U.S.C. 1413(c). The

EPA may concur with or without conditions or decline to concur (i.e.,
non-concur) on the permit. If the EPA concurs with conditions, the
final permit or authorization must include those conditions. If EPA the
declines to concur, the USACE cannot issue the permit for ocean dumping
of dredged material or authorize the disposal. This action is supported
by a Draft Environmental Assessment (DEA), which was provided for
public notice and comment in February 2020 and is accessible at:
https://www.epa.gov/aboutepa/about-epa-region-4-southeast#r4-public-notices.

b. Location and Configuration of the Proposed Modified Port Everglades
ODMDS

    This action proposes the modification of the existing Port
Everglades ODMDS. The proposed modified ODMDS is in -587 to -761 feet
of water (-179 to -232 meters). The proposed modified ODMDS would
expand the existing Port Everglades ODMDS from a size of approximately
1.34 nmi\2\ to 3.21 nmi\2\ in size. The location of the proposed
modified ODMDS is bounded by the coordinates listed below. The proposed
coordinates for the site are in North American Datum 83 (NAD 83):
Proposed Modified Port Everglades ODMDS
(A) 26[deg]08.750' N, 80[deg]01.000' W
(B) 26[deg]08.750' N, 80[deg]02.578' W
(C) 26[deg]06.500' N, 80[deg]02.578' W
(D) 26[deg]06.500' N, 80[deg]01.000' W
    The proposed modification of the existing ODMDS will allow the EPA
to adaptively manage the site to maximize its capacity, minimize the
potential for mounding and loss of fine sediments outside of the site,
and minimize the potential for any long-term adverse effects to the
marine environment.

c. Management and Monitoring of the Site

    The proposed modified ODMDS is expected to receive dredged material
from the Federal navigation project at Port Everglades Harbor, Florida,
and dredged material from other applicants who obtain a permit for the
disposal of dredged material at the proposed modified ODMDS. All
persons using the site will be required to follow the Site Management
and Monitoring Plan (SMMP) for the ODMDS that is specifically developed
for the proposed modified ODMDS. A draft SMMP for the proposed modified
ODMDS was noticed for public review in January 2020 along with the DEA
and is accessible at: https://www.epa.gov/aboutepa/about-epa-region-4-southeast#r4-public-notices. The SMMP will be finalized by the EPA
Region 4 and the USACE Jacksonville District following the
consideration of comments received. The SMMP includes management and
monitoring requirements to ensure that dredged materials disposed at
the proposed modified ODMDS are suitable for disposal in the ocean and
that adverse impacts of disposal, if any, are addressed to the maximum
extent practicable. This includes provisions to avoid and minimize
potential impacts to coral reefs present near Port Everglades. The SMMP
for the proposed modified ODMDS also addresses management of the site
to ensure adverse mounding and dispersal of fine sediments does not
occur and ensures that disposal events minimize interference with other
uses of ocean waters near the proposed modified ODMDS.

d. MPRSA Criteria

    In evaluating the proposed modified ODMDS, the EPA assessed the
site according to the criteria of the MPRSA, with emphasis on the
general and specific regulatory criteria of 40 CFR part 228, to
determine whether the proposed site designation satisfies those
criteria. The EPA's DEA provides an extensive evaluation of the
criteria and other related factors for the modification of the existing
ODMDS.
General Criteria (40 CFR 228.5)
    (a) Sites must be selected to minimize interference with other
activities in the marine environment, particularly avoiding areas of
existing fisheries or shellfisheries, and regions of heavy commercial
or recreational navigation (40 CFR 228.5(a)).
    Historically, an interim site located approximately 1.6 nautical
miles from shore was used for ocean disposal of dredged material from
Port Everglades Harbor but was discontinued in the 1980s due to
potential impacts of sediments on nearby coral reef resources. The
existing Port Everglades Harbor ODMDS was designated in 2005 under
Section 103 of the MPRSA, as there was no nearby EPA-designated ODMDS.
The evaluation for the 2005 designation included considerations of
potential interference with other activities in the marine environment
including avoiding areas of existing critical fisheries or
shellfisheries, and regions of heavy commercial or recreational
navigation. These evaluations were reconsidered from 2010 through to
the present time as the proposed modified ODMDS continued to be
assessed.
    (b) Sites must be situated such that temporary perturbations to
water quality or other environmental conditions during initial mixing
caused by disposal operations would be reduced to normal ambient levels
or undetectable contaminant concentrations or effects before reaching
any beach, shoreline, marine sanctuary, or known geographically limited
fishery or shellfishery (40 CFR 228.5(b)).
    The proposed ODMDS modification area will be used for disposal of
suitable dredged material as determined by Section 103 of the MPRSA.
Based on the USACE and EPA sediment testing and evaluation procedures,
disposal of dredged maintenance material and proposed new work material
is not expected to have any long-term impact on water quality. The
existing Port Everglades ODMDS and proposed modified ODMDS are located
sufficiently far from shore and fisheries resources to allow temporary
water quality disturbances caused by disposal of dredged material to be
reduced to ambient conditions before reaching any environmentally
sensitive areas.
    (c) The sizes of disposal sites will be limited in order to
localize for identification and control any immediate adverse impacts,
and to permit the implementation of effective monitoring and
surveillance to prevent adverse long-range impacts. Size,
configuration, and location are to be determined as part of the
disposal site evaluation (40 CFR 228.5(d)).
    The location, size, and configuration of the proposed modified
ODMDS provides long-term capacity, while also permitting effective site
management, site monitoring, and limiting environmental impacts to the
surrounding area to the greatest extent practicable.
    Based on projected new work and maintenance dredging, and permitted
dredged material disposal needs, it is estimated that the proposed
modified ODMDS should be approximately 3.21 nmi\2\ in size to meet the
anticipated long-term disposal needs of the area. This would provide
the proposed modified ODMDS with an estimated capacity of approximately
6.7 million cubic yards, which is sufficient to manage risk, account
for future unknown disposal operations from private entities, and
provide a margin of navigation safety.
    By adding approximately 2.2 nmi\2\ to the existing Port Everglades
ODMDS, the total area of the proposed modified Port Everglades ODMDS
would be 3.21 nmi\2\. An ODMDS of this size and capacity will provide a
long-term ocean disposal option for the greater Port Everglades area.

    When determining the size of the proposed site, the ability to
implement effective monitoring and surveillance programs was considered
to ensure that the environment of the site could be protected, and that
navigational safety would not be compromised by the mounding of dredged
material. An SMMP is being developed and will be implemented to
determine if disposal at the site is significantly affecting adjacent
areas and to detect the presence of adverse effects. At a minimum, the
monitoring program will consist of bathymetric surveys, sediment grain
size analysis, chemical analysis of constituents of concern in the
sediments, and an assessment of the constitution of the benthic
community.
    (d) EPA will, wherever feasible, designate ocean dumping sites
beyond the edge of the continental shelf and other such sites where
historical disposal has occurred (40 CFR 228.5(e)).
    The existing Port Everglades ODMDS and proposed expansion of the
ODMDS are beyond the edge of the continental shelf.
Specific Criteria (40 CFR 228.6)
(1) Geographical Position, Depth of Water, Bottom Topography and
Distance From Coast (40 CFR 228.6(a)(1))
    The proposed modified ODMDS is on the Florida Continental Slope,
four nautical miles offshore of Fort Lauderdale, Florida. Water depths
range from -179 to -232 meters (-587 to -761 feet), with an average
depth of 207 meters (-678 feet). Sediments consist of sand with various
mixtures of sand and silts with scattered rubble hardbottom. The DEA
contains a map of the proposed ODMDS modification. The expansion
retains the ODMDS off the continental shelf in a range that is not
expected to allow sediments to travel to nearby shore-associated coral
reef habitat.
(2) Location in Relation to Breeding, Spawning, Nursery, Feeding, or
Passage Areas of Living Resources in Adult or Juvenile Phases (40 CFR
228.6(a)(2))
    The proposed modified ODMDS has been selected to avoid the presence
of any exclusive breeding, spawning, nursery, feeding, or passage areas
for adult or juvenile phases of living resources.
(3) Location in Relation to Beaches and Other Amenity Areas (40 CFR
228.6(a)(3))
    The center of the proposed modified ODMDS is several miles from any
beaches or amenity areas. No significant impacts to beaches or amenity
areas associated with the existing Port Everglades ODMDS have been
detected. The U.S. Navy has facilities south of the ODMDS and were
consulted to verify that no impediments will exist with the expanded
ODMDS.
(4) Types and Quantities of Wastes Proposed To Be Disposed of, and
Proposed Methods of Release, Including Methods of Packing the Waste, if
any (40 CFR 228.6(a)(4))
    Only suitable dredged material that meets the Ocean Dumping
Criteria in 40 CFR 220-228 and receives a permit or is otherwise
authorized for dumping by the USACE will be disposed in the proposed
modified ODMDS. Dredged materials dumped in this area will be primarily
sand and rock with some fines that originate from the Port Everglades
Harbor. Average yearly disposal of dredged maintenance material into
the proposed modified ODMDS is expected to be approximately 30,000
cubic yards and variable volumes of new work dredged material up to 6.7
million cubic yards. None of the material is packaged in any manner.
    Under section 103 of the MPRSA, the USACE is the federal agency
that decides whether to issue a permit authorizing the ocean disposal
of dredged materials. In the case of federal navigation projects
involving ocean disposal of dredged materials, the USACE is subject to
MPRSA, but does not require a USACE permit. The USACE relies on the
EPA's ocean dumping criteria when evaluating permit requests for (and
implementing federal projects involving) the transportation of dredged
material for the purpose of dumping it into ocean waters. MPRSA permits
and federal projects involving ocean dumping of dredged material are
subject to the EPA's review and concurrence. The EPA may concur, with
or without conditions, or decline to concur on the permit, i.e. non-
concur. If the EPA concurs with conditions, the final permit must
include those conditions. If the EPA declines to concur (non-concurs)
on an ocean dumping permit for dredged material, the USACE cannot issue
the permit.
(5) Feasibility of Surveillance and Monitoring (40 CFR 228.6(a)(5))
    The EPA expects monitoring and surveillance at the proposed
modified ODMDS to be feasible and readily performed from ocean or
regional class research vessels. The area of the proposed modified
ODMDS has been surveyed and sampled in 2004, 2007 and 2014. The EPA
will monitor the site for physical, biological and chemical attributes
as well as for potential impacts. Bathymetric surveys will be conducted
routinely, and benthic infauna and epibenthic organisms will be
monitored, as described in the SMMP for the site.
(6) Dispersal, Horizontal Transport and Vertical Mixing Characteristics
of the Area, Including Prevailing Current Direction and Velocity, if
any (40 CFR 228.6(a)(6))
    Current velocities vary throughout the water column and are subject
to wind and the Florida Current based circulations which is generally
northerly with eddies occuring that drive currents south. Currents
measured at nearby sites are predominantly to the north or south on the
order of 1-4 knots (50-200 centimeters per second).
(7) Existence and Effects of Current and Previous Discharges and
Dumping in the Area (Including Cumulative Effects) (40 CFR 228.6(a)(7))
    Previous disposal of dredged material in the existing Port
Everglades ODMDS has resulted in temporary increases in suspended
sediment concentrations during disposal operations, burial of benthic
organisms within the site, and slight changes in the abundance and
composition of benthic assemblages. Short-term, long-term, and
cumulative effects of dredged material disposal in the proposed
modified ODMDS would be similar to those for the existing Port
Everglades ODMDS, which are expected to be temporary and return to
baseline over time.
(8) Interference With Shipping, Fishing, Recreation, Mineral
Extraction, Desalination, Fish and Shellfish Culture, Areas of Special
Scientific Importance and Other Legitimate Uses of the Ocean (40 CFR
228.6(a)(8))
    There will be minor, short-term interferences with commercial and
recreational boat traffic during the transport of dredged material to
the proposed modified ODMDS. The site has not been identified as an
area of special scientific importance. There are no aquaculture areas
near the site. There may be recreational fishing in the area. The
likelihood of direct interference with these activities is low,
provided there is close communication and coordination among users of
the ocean resources. The U.S. Navy, Fort Lauderdale Branch, Naval
Surface Warfare Center range is located south of the existing and
proposed expanded ODMDS. There will be no impact to either U.S. Navy
operations due to the expansion of the ODMDS. The SMMP for the proposed
modified ODMDS contains provisions for corrective

measures if impacts to potential hardbottom habitat related to dredged
material disposal are identified.
(9) The Existing Water Quality and Ecology of the Sites as Determined
by Available Data or Trend Assessment of Baseline Surveys (40 CFR
228.6(a)(9))
    Water quality of the existing site is typical of the Florida coast.
Water and sediment quality analyses conducted in the vicinity of the
proposed modified ODMDS and experience with past disposals in the
existing Port Everglades ODMDS have not identified any adverse water
quality impacts from ocean disposal of dredged material. The site
supports benthic and epibenthic fauna characteristic of the region.
(10) Potentiality for the Development or Recruitment of Nuisance
Species in the Disposal Site (40 CFR 228.6(a)(10))
    Nuisance species, considered as any undesirable organism not
previously existing at a location, have not been observed at, or in the
vicinity of, the proposed modified ODMDS. Disposal of dredged material,
as well as monitoring, has been ongoing for the past 14 years. Nuisance
species have not been found. The dredged material to be disposed at the
ODMDS is expected to be from similar locations to those dredged
previously; therefore, it expected that any benthic organisms
transported to the site would be relatively similar in nature to those
already present.
(11) Existence at or in Close Proximity to the Site of any Significant
Natural or Cultural Feature of Historical Importance (40 CFR
228.6(a)(11))
    A maritime survey of this site was conducted in 2013 to identify
areas of potential hardbottom resources as well as any historical
artifacts. These efforts showed the presence of only two anomalies that
when investigated were not likely to be indicative of potential
historical or natural features. Wreckage from one modern sailing vessel
was potentially identified in the northeast corner of the site.
Scattered rubble hardbottom habitat was potentially identified within
the expanded footprint.
    The SMMP for the ODMDS contains measures to monitor potential
identified resources.

III. Environmental Statutory Review

a. National Environmental Policy Act (NEPA)

    The EPA's primary voluntary NEPA document for expanding the
existing Port Everglades ODMDS is the DEA, prepared by the EPA in
cooperation with the USACE and issued for public review and comment in
January 2020. Anyone desiring a copy of the DEA may access it at
https://www.epa.gov/aboutepa/about-epa-region-4-southeast#r4-public-notices, or obtain a copy from the address given above. The DEA issued
in January 2020 amends a DEA that was previously issued for public
review and comment in August 2013 to capture prior corresponding agency
comments. Any comments received regarding the DEA issued in January
2020 will be provided in the Final Environmental Assessment for this
proposed action. The DEA and its Appendices provide the threshold
environmental review for modification of the ODMDS. The information
from the DEA is used above in the discussion of the ocean dumping
criteria.
    The proposed action discussed in the DEA is the permanent
designation of a modified ODMDS offshore Port Everglades, Florida. The
purpose of the proposed action is to provide an environmentally
acceptable option for the ocean disposal of dredged material. The need
for the proposed modified ODMDS is based on a demonstrated USACE need
for ocean disposal of dredged material from the Port Everglades Harbor
Federal Navigation Project, including the deepening and widening
portions of the Project. The need for ocean disposal for these and
other future projects, and the suitability of the material for ocean
disposal, will be determined on a case-by-case basis as part of the
USACE process for reviewing ocean disposal actions and a public review
process for its own actions to ocean dump dredged material from federal
projects. These permit/authorization evaluations will include
evaluation of disposal alternatives.
    The DEA discusses the need for the proposed modified ODMDS and
examines ocean disposal site alternatives to the proposed actions. The
need for expanding the existing Port Everglades ODMDS is based on
future capacity modeling, movement of fine sediments in the Miami ODMDS
which correlate to this site, estimated dredging volumes for proposed
projects, and limited capacity of upland disposal facilities in the
area. Other options were considered nearer to the Port, but the other
options were discarded due to potential impacts to protected coral
resources. The following three ocean disposal alternatives were
considered in the DEA.
No Action Alternative
    The No Action Alternative is defined as not modifying the size of
the existing Port Everglades ODMDS. Implementation of this alternative
would not address the need for an adequately sized ocean dump site to
accommodate future ocean disposal of dredging projections. As a result,
the No Action Alternative does not meet the proposed action's purpose
and need. However, the No Action Alternative was evaluated in the DEA
as a basis to compare the effects of the other alternatives considered.
Alternative 1: Modification of the Existing Port Everglades ODMDS To
Encompass a 3.21 nmi\2\ Area in a North-South Orientation (Preferred
Alternative)
    Modification of the existing Port Everglades ODMDS to encompass a
3.21 nmi\2\ area as described above is the environmentally and
operationally preferred alternative and considered the most viable
option. The existing Port Everglades ODMDS is relatively small and has
a limited capacity. Modifying the existing Port Everglades ODMDS to
increase capacity would sustain the disposal needs associated with: The
federally authorized Port Everglades Harbor sand bypass and navigation
projects; authorized maintenance dredging; and potential future private
interests. It is the most feasible option based on containing dredged
material from disposal operations while impacting the least potential
hardbottom habitat. A detailed justification for this preferred
alternative is included in Section 2 in the DEA.
Alternative 2: Modification of the Existing Port Everglades ODMDS To
Encompass a 2.89 nmi\2\ Area in an East-West Orientation
    In order to inform viable options for expanding the existing site,
the EPA evaluated the data and information included in the September
2013 Evaluation of Dredged Material Behavior at the Port Everglades
Harbor Federal Project Ocean Dredged Material Disposal Site. The EPA
specifically considered the option of expanding the site in an east-
west orientation. Although designating an expanded ODMDS in an east-
west orientation would provide adequate site capacity, there is the
possibility that disposal to a site within this orientation would
result in a higher level of impact to hardbottom habitat. As described
in the DEA, a site more adequately protective of potential hardbottom
areas was selected as the preferred alternative (Alternative 1).

b. Magnuson-Stevens Act

    The USACE, in conjunction with EPA, submitted an Essential Fish

Habitat (EFH) assessment, pursuant to Section 305(b), 16 U.S.C.
1855(b)(2), of the Magnuson-Stevens Act, as amended (MSA), 16 U.S.C.
1801 to 1891d, to the National Marine Fisheries Service (NMFS). The
USACE determined that the modification of the existing Port Everglades
ODMDS will not significantly affect managed species or EFH; however,
underwater surveys are being conducted to verify conclusions.
Discussions with the NMFS are ongoing, and consultation will be
completed prior to finalization of the rule.

c. Coastal Zone Management Act

    Pursuant to an Office of Water policy memorandum dated October 23,
1989, the EPA has evaluated the proposed site designations for
consistency with the State of Florida's (the State) approved coastal
zone management program. On behalf of the EPA, the USACE, Jacksonville
District determined that the proposed action is consistent with the
Florida Coastal Management Program to the maximum extent practicable.
Florida Department of Environmental Protection (FLDEP) issued Coastal
Zone Consistency for the Port Everglades ODMDS on April 29, 2011. The
EPA is communicating with the State of Florida to determine appropriate
next steps to ensure consistency with the Coastal Zone Management Act.

d. Endangered Species Act

    The Endangered Species Act (ESA), as amended, 16 U.S.C. 1531 to
1544, requires federal agencies to consult with NMFS and the U.S. Fish
and Wildlife Service to ensure that any action authorized, funded, or
carried out by the federal agency is not likely to jeopardize the
continued existence of any endangered species or threatened species or
result in the destruction or adverse modification of any critical
habitat. The EPA is opting to address consultation pursuant to ESA
Section 7(d) due to the expected publication of an updated Biological
Opinion for the South Atlantic District of the U.S. Army Corps of
Engineers, which is expected to address the species to which this
action may apply.

e. National Historic Preservation Act

    The National Historic Preservation Act (NHPA), 16 U.S.C. 470 to
470a-2, requires federal agencies to consider the effect of their
actions on districts, sites, buildings, structures, or objects,
included in, or eligible for inclusion in the National Register of
Historic Places (NRHP). The depths of the ODMDS (greater than 700 feet
depth) exclude potential habitation or resources related to human
settlements. In a letter dated February 4, 2013, the Florida Department
of State concurred with the determination that no historic properties
would be affected by the expansion of the ODMDS. The EPA is in
communication with the State of Florida to determine whether any
additional information has become available that may warrant changes to
their 2013 determination.

IV. Statutory and Executive Order Reviews

    This rule proposes to modify the Port Everglades ODMDS pursuant to
Section 102 of the MPRSA. This proposed action complies with applicable
executive orders and statutory provisions as follows:

a. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This proposed action is not a ``significant regulatory action''
under the terms of Executive Order 12866 (58 FR 51735, October 4, 1993)
and is therefore not subject to review under Executive Orders 12866 and
13563 (76 FR 3821, January 21, 2011).

b. Executive Order 13089: Coral Reef Protection

    This proposed action considers Executive Order 13089 on Coral Reef
Protection ``to preserve and protect the biodiversity, health,
heritage, and social and economic value of U.S. coral reef ecosystems
and the marine environment.'' Conditions are present in the SMMP which
are designed to reduce potential impacts from sediments during transit
to the ODMDS.

c. Paperwork Reduction Act

    This proposed action does not impose an information collection
burden under the provisions of the Paperwork Reduction Act, 44 U.S.C.
3501 et seq. Burden is defined at 5 CFR 1320.3(b). This proposed site
designation, does not require persons to obtain, maintain, retain,
report, or publicly disclose information to or for a federal agency.

d. Regulatory Flexibility Act

    The Regulatory Flexibility Act generally requires federal agencies
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions. For purposes
of assessing the impacts of this rule on small entities, small entity
is defined as: (1) A small business defined by the Small Business
Administration's size regulations at 13 CFR 121.201; (2) a small
governmental jurisdiction that is a government of a city, county, town,
school district, or special district with a population of less than
50,000; and (3) a small organization that is any not-for-profit
enterprise which is independently owned and operated and is not
dominant in its field. The EPA determined that this proposed action
will not have a significant economic impact on small entities because
the proposed rule will only have the effect of regulating the location
of site to be used for the disposal of dredged material in ocean
waters. After considering the economic impacts of this proposed rule,
the EPA certifies that this proposed action will not have a significant
economic impact on a substantial number of small entities.

e. Unfunded Mandates Reform Act

    This proposed action contains no federal mandates under the
provisions of Title II of the Unfunded Mandates Reform Act (UMRA) of
1995, 2 U.S.C. 1531 to 1538, for State, local, or tribal governments or
the private sector. This proposed action imposes no new enforceable
duty on any State, local or tribal governments or the private sector.
Therefore, this proposed action is not subject to the requirements of
sections 202 or 205 of the UMRA. This proposed action is also not
subject to the requirements of section 203 of the UMRA because it
contains no regulatory requirements that might significantly or
uniquely affect small government entities. Those entities are already
subject to existing permitting requirements for the disposal of dredged
material in ocean waters.

f. Executive Order 13132: Federalism

    This proposed action does not have federalism implications. It does
not have 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 various levels of government, as
specified in Executive Order 13132. Thus, Executive Order 13132 does
not apply to this proposed action. In the spirit of Executive Order
13132, and consistent with the EPA policy to promote communications
between the EPA and State and local governments, the EPA specifically
solicited comments on this proposed action from State and local
officials.

g. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This proposed action does not have tribal implications, as
specified in Executive Order 13175 because the modification of the
existing Port Everglades ODMDS will not have a direct effect on 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. In addition, the depths of
the ODMDS (greater than 700 feet depth) exclude potential habitation or
resources related to human settlements. Thus, Executive Order 13175
does not apply to this action. However, the EPA specifically welcomes
comments on this proposed action from tribal officials and any comments
related to this Executive Order.

h. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern health or safety risks, such that the
analysis required under Section 5-501 of the Executive Order has the
potential to influence the regulation. This proposed action is not
subject to Executive Order 13045 because it does not establish an
environmental standard intended to mitigate health or safety risks.
However, the EPA welcomes comments on this proposed action related to
this Executive Order.

i. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This proposed action is not subject to Executive Order 13211,
``Actions Concerning Regulations that Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355) because it is not a
``significant regulatory action'' as defined under Executive Order
12866. However, we welcome comments on this proposed action related to
this Executive Order.

j. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, 12(d) (15 U.S.C. 272), directs
the EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus bodies. The NTTAA directs the EPA to provide
Congress, through Office of Management and Budget, explanations when
the Agency decides not to use available and applicable voluntary
consensus standards. This proposed action includes environmental
monitoring and measurement as described in the EPA's proposed SMMP. The
EPA will not require the use of specific, prescribed analytic methods
for monitoring and managing the proposed modified ODMDS. The Agency
plans to allow the use of any method, whether it constitutes a
voluntary consensus standard or not, that meets the monitoring and
measurement criteria discussed in the SMMP. The EPA welcomes comments
on this aspect of the proposed rulemaking and, specifically, invites
the public to identify potentially applicable voluntary consensus
standards and to explain why such standards should be used in this
proposed action.

k. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629) establishes federal executive
policy on environmental justice. Its main provision directs federal
agencies, to the greatest extent practicable and permitted by law, to
make environmental justice part of their mission by identifying and
addressing, as appropriate, disproportionately high and adverse human
health or environmental effects of their programs, policies, and
activities on minority populations and low-income populations in the
United States. The EPA determined that this proposed rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. The EPA has assessed the overall protectiveness of
modifying the existing Port Everglades ODMDS against the criteria
established pursuant to the MPRSA to ensure that any adverse impact to
the environment will be mitigated to the greatest extent practicable.
The EPA welcomes comments on this proposed action related to this
Executive Order.

List of Subjects in 40 CFR Part 228

    Environmental protection, Water pollution control.

    Authority:  This action is issued under the authority of Section
102 of the Marine Protection, Research, and Sanctuaries Act, as
amended, 33 U.S.C. 1401, 1411, 1412.

    Dated: February 18, 2020.
Mary S. Walker,
Regional Administrator, EPA Region 4.

    For the reasons set out in the preamble, the EPA proposes to amend
chapter I, title 40 of the Code of Federal Register as follows:

PART 228--CRITERIA FOR THE MANAGEMENT OF DISPOSAL SITES FOR OCEAN
DUMPING

0
1. The authority citation for part 228 continues to read as follows:

    Authority:  33 U.S.C. 1412 and 1418.

0
2. Section 228.15 is amended by revising paragraphs (h)(14)(i) through
(iii) and (vi) to read as follows:

Sec.  228.15   Dumping sites designated on a final basis.

* * * * *
    (h) * * *
    (14) * * *
    (i) Location: Corner Coordinates (NAD 1983) 26[deg] 06.500',
80[deg] 01.000'; 26[deg] 06.500', 80[deg] 02.578'; 26[deg] 08.750,
80[deg] 02.578'; 26[deg] 08.750', 80[deg] 01.000'.
    (ii) Size: Approximately 2.31 square nautical miles in size.
    (iii) Depth: Ranges from approximately 587 to 761 feet (179 to 232
meters).
* * * * *
    (vi) Restrictions: (A) Disposal shall be limited to dredged
material from the Port Everglades, Florida area;
    (B) Disposal shall be limited to dredged material determined to be
suitable for ocean disposal according to 40 CFR 220-228;
    (C) Disposal shall be managed by the restrictions and requirements
contained in the currently approved Site Management and Monitoring Plan
(SMMP);
    (D) Monitoring, as specified in the currently approved SMMP, is
required.
* * * * *
[FR Doc. 2020-04650 Filed 3-12-20; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 68 (Monday, April 9, 2012)]
[Notices]
[Pages 21094-21095]
[FR Doc No: 2012-8438]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. DI12-4-000]

Alaska Power & Telephone Company; Notice of Declaration of
Intention and Soliciting Comments, Protests, and/or Motions To
Intervene

    Take notice that the following application has been filed with the
Commission and is available for public inspection:
    a. Application Type: Declaration of Intention.
    b. Docket No: DI12-4-000.
    c. Date Filed: March 29, 2012.
    d. Applicant: Alaska Power & Telephone Company.
    e. Name of Project: Clearwater Creek Hydro Project.
    f. Location: The proposed Clearwater Creek Hydro Project will be
located on Clearwater Creek, near the town of Tok, Alaska, at T. 16 N.,
R. 11 E., secs. 1, 2, 3, and 12; T. 16 N., R. 12 E., secs. 1, 2, 3, 7,
9, 10, 17, and 18; T. 17 N. 12 E., secs. 14, 23, 26, and 35, Copper
River Meridian.
    g. Filed Pursuant to: Section 23(b)(1) of the Federal Power Act, 16
U.S.C. 817(b).
    h. Applicant Contact: Glen D. Martin, Project Manager, Alaska Power
& Telephone Company, 193 Otto Street, P.O. Box 3222, Port Townsend, WA
98368; telephone:<PHONE_NUMBER>, x122; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    i. FERC Contact: Any questions on this notice should be addressed
to Henry Ecton,<PHONE_NUMBER>, or Email address<EMAIL_ADDRESS>    j. Deadline for filing comments, protests, and/or motions: May 7,
2012.
    All documents should be filed electronically via the Internet. See
18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site at http://www.ferc.gov/docs-filing/efiling.asp. If unable to be
filed electronically, documents may be paper-filed. To paper-file, an
original and seven copies should be filed with: Secretary, Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    Commenters can submit brief comments up to 6,000 characters,
without prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. Please include the docket number
(DI12-4-000) on any comments, protests, and/or motions filed.
    k. Description of Project: The proposed run-of-river Clearwater
Creek Hydro Project will consist of: (1) An approximately 300-foot-
long, 10-foot-high rock-filled and concrete diversion structure on
Clearwater Creek diverting water into a 20,000-foot-long, 24-inch-
diameter ductile iron buried penstock; (2) a proposed 30-foot-wide, 50-
foot-long powerhouse, containing a 1,000-kW Turgo generating unit and
electrical generating equipment; (3) an open, 400-foot-long tailrace
from the powerhouse to Clearwater Creek; (4) a 14-mile-long
transmission line; and (5) appurtenant facilities. The power will be
used by local communities.
    When a Declaration of Intention is filed with the Federal Energy
Regulatory Commission, the Federal Power Act requires the Commission to
investigate and determine if the interests of interstate or foreign
commerce would be affected by the proposed project. The Commission also
determines whether or not the project: (1) Would be located on a
navigable waterway; (2) would occupy or affect public lands or
reservations of the United States; (3) would utilize surplus water or
water power from a government dam; or (4) if applicable, has involved
or would involve any construction subsequent to 1935 that may have
increased or would increase the project's head or generating capacity,
or have otherwise significantly modified the project's pre-1935 design
or operation.

    l. Locations of the Application: Copies of this filing are on file
with the Commission and are available for public inspection. This
filing may be viewed on the Web at http://www.ferc.gov using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. You may also
register online at http://www.ferc.gov/docs-filing/esubscription.asp to
be notified via email of new filings and issuances related to this or
other pending projects. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>or toll-free at<PHONE_NUMBER>,
or TTY, contact<PHONE_NUMBER>. A copy is also available for inspection
and reproduction at the address in item (h) above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene--Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Filing and Service of Responsive Documents--Any filings must
bear in all capital letters the title ``COMMENTS'', ``PROTESTS'', AND/
OR ``MOTIONS TO INTERVENE'', as applicable, and the Docket Number of
the particular application to which the filing refers. A copy of any
motion to intervene must also be served upon each representative of the
Applicant specified in the particular application.
    p. Agency Comments--Federal, state, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.

    Dated: April 3, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-8438 Filed 4-6-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 6 (Tuesday, January 10, 2017)]
[Rules and Regulations]
[Pages 2871-2873]
[FR Doc No: 2017-00184]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2015-7488; Airspace Docket No. 15-ASW-19]

Amendment of Class D and Class E Airspace and Revocation of Class
E Airspace; Roswell, NM

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action modifies Class D airspace, Class E surface area
airspace, and Class E airspace extending upward from 700 feet above the
surface at Roswell, NM. This action is necessary due to advances Global
Positioning System (GPS) capabilities and implementation of area
navigation (RNAV) procedures at Roswell International Air Center,
Roswell, NM. Additionally, this action removes Class

E airspace designated as an extension at Roswell International Air
Center. This action also updates the name and geographic coordinates of
the airport and the Chisum VHF omnidirectional range collocate tactical
air navigation (VORTAC) to coincide with the FAA's aeronautical
database.

DATES: Effective 0901 UTC, April 27, 2017. The Director of the Federal
Register approves this incorporation by reference action under Title 1,
Code of Federal Regulations, part 51, subject to the annual revision of
FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11A, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC, 20591; telephone: 202-267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11A at NARA, call<PHONE_NUMBER>, or go to
http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX, 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends Class D and Class E airspace at Roswell International Air
Center, Roswell, NM.

History

    On March 28, 2016, the FAA published in the Federal Register (81 FR
17116) Docket No. FAA-2015-7488, a notice of proposed rulemaking (NPRM)
to modify Class D airspace, Class E surface area airspace, Class E
airspace extending upward from 700 feet above the surface, and remove
Class E airspace designated as an extension at Roswell International
Air Center, Roswell, NM. Interested parties were invited to participate
in this rulemaking effort by submitting written comments on the
proposal to the FAA. Subsequent to publication, the FAA found that the
geographic coordinates for the Chisum VORTAC needed to be adjusted to
coincide with the FAA's aeronautical database. That adjustment has been
incorporated in this action.
    Class D and E airspace designations are published in paragraph
5000, 6002, 6004, and 6005, respectively, of FAA Order 7400.11A, dated
August 3, 2016, and effective September 15, 2016, which is incorporated
by reference in 14 CFR 71.1. The Class D and E airspace designations
listed in this document will be published subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11A, Airspace Designations and
Reporting Points, dated August 3, 2016, and effective September 15,
2016. FAA Order 7400.11A is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11A lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 modifies Class E airspace extending upward from 700 feet above
the surface at Roswell International Air Center, Roswell, NM.
Cancellation of the standard instrument approach procedures (SIAPs),
advances in GPS capabilities, and implementation of RNAV procedures at
Roswell International Air Center (formerly Roswell Industrial Air
Center), is necessary for the safety and management of IFR operations
at the airport.
    The class E airspace area extending upward from 700 feet above the
surface at the airport is reduced from a 12.7-mile radius to a 7.4-mile
radius, with the extension to the northwest being reduced from 4 miles
to 1.7 miles each side of the Chisum VORTAC 278[deg] radial extending
from the 7.4-mile radius to 11 miles vice 23 miles; and the extension
to the northeast being removed. Additionally, the Class E airspace
designated as an extension at the airport is removed as it is no longer
needed. All modifications to the Class E airspace are in accordance
with airspace requirements specified in FAA Joint Order 7400.2K. The
airport name and geographic coordinates are amended in the existing
Class D and Class E airspace areas to be in concert with the FAA's
aeronautical database. The geographic coordinates for the Chisum VORTAC
noted in Class E airspace extending upward from 700 feet above the
surface are also adjusted.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a Regulatory Evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5.a. This airspace action is not expected
to cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11A,
Airspace Designations and Reporting Points, dated August 3, 2016, and
effective September 15, 2016, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ASW NM D Roswell, NM [Amended]

Roswell International Air Center, NM
    (Lat. 33[deg]18'06'' N., long. 104[deg]31'50'' W.)

    That airspace extending upward from the surface to and including
6,200 feet MSL within a 5-mile radius of Roswell International Air
Center. This Class D airspace area is effective during the specific
dates and times established in advance by a Notice to Airmen. The
effective date and time will thereafter be continuously published in
the Airport/Facility Directory.

Paragraph 6002 Class E Airspace Designated as Surface Areas.

* * * * *

ASW NM E2 Roswell, NM [Amended]

Roswell International Air Center, NM
    (Lat. 33[deg]18'06'' N., long. 104[deg]31'50'' W.)

    Within a 5-mile radius of Roswell International Air Center. This
Class E airspace area is effective during the specific dates and
times established in advance by a Notice to Airmen. The effective
date and time will thereafter be continuously published in the
Airport/Facility Directory.

Paragraph 6004 Class E Airspace Areas Designated as an Extension to
a Class D or Class E Surface Area.

* * * * *

ASW NM E4 Roswell, NM [Removed]

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
feet or More Above the Surface of the Earth.

* * * * *

ASW NM E5 Roswell, NM [Amended]

Roswell International Air Center, NM
    (Lat. 33[deg]18'06'' N., long. 104[deg]31'50'' W.)

Chisum VORTAC
    (Lat. 33[deg]20'15'' N., long. 104[deg]37'16'' W.)

    That airspace extending upward from 700 feet above the surface
within a 7.4-mile radius of Roswell International Air Center, and
within 1.7 miles each side of the Chisum VORTAC 278[deg] radial
extending from the 7.4-mile radius of the airport to 11 miles
northwest of the airport.

    Issued in Fort Worth, Texas, on December 28, 2016.
Thomas L. Lattimer,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2017-00184 Filed 1-9-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 93 (Tuesday, May 14, 2019)]
[Proposed Rules]
[Pages 21276-21279]
[FR Doc No: 2019-09806]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0256; Product Identifier 2019-NM-027-AD]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
Bombardier, Inc., Model CL-600-2B19 (Regional Jet Series 100 & 440)
airplanes; Model CL-600-2C10 (Regional Jet Series 700, 701 & 702)
airplanes; Model CL-600-2D15 (Regional Jet Series 705) airplanes; Model
CL-600-2D24 (Regional Jet Series 900) airplanes; and Model CL-600-2E25
(Regional Jet Series 1000) airplanes. This proposed AD was prompted by
a report that during Automatic Flight Control System (AFCS) ALTS CAP or
(V) ALTS CAP mode the flight guidance/autopilot does not account for
engine failure while capturing an altitude. This proposed AD would
require revising the airplane flight manual (AFM) to include a
limitation and abnormal operating procedure for the AFCS. We are
proposing this AD to address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by June 28, 2019.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec
H4S 1Y9, Canada; Widebody Customer Response Center North America toll-
free telephone 1-866-538-1247 or direct-dial telephone 1-514-855-2999;
fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>internet http://www.bombardier.com. You may view this service information at the FAA,
Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call 206-
231-3195.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0256; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations (phone: 800-647-
5527) is listed above. Comments will be available in the AD docket
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Steven Dzierzynski, Aerospace
Engineer, Avionics and Electrical Systems Services Section, FAA, New
York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2019-0256;
Product Identifier 2019-NM-027-AD'' at the beginning of your comments.
We specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this NPRM. We will consider all
comments received by the closing date and may amend this NPRM because
of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this NPRM.

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian AD CF-2018-32, dated December
10, 2018 (referred to after this as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for all Bombardier, Inc., Model CL-600-2B19 (Regional Jet
Series 100 & 440) airplanes; Model CL-

600-2C10 (Regional Jet Series 700, 701 & 702) airplanes; Model CL-600-
2D15 (Regional Jet Series 705) airplanes; Model CL-600-2D24 (Regional
Jet Series 900) airplanes; and Model CL-600-2E25 (Regional Jet Series
1000) airplanes. The MCAI states:

    It was determined that during ALTS CAP or (V) ALTS CAP mode, the
flight guidance/autopilot does not account for engine failure while
capturing an altitude. If an engine failure occurs during or before
a climb while in ALTS CAP or (V) ALTS CAP mode, the airspeed may
drop significantly below the safe operating speed. Prompt crew
intervention may be required to maintain a safe operating speed.
    This [Canadian] AD mandates the introduction of a Limitation and
Abnormal procedure to the [airplane flight manual] AFM to address
the above mentioned unsafe condition.

    You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0256.

Related Service Information Under 1 CFR Part 51

    Bombardier has issued the following service information, which
describes procedures for revising the AFM by including a warning for
the AFCS and procedures if an engine failure occurs during or before a
climb while in ALTS CAP mode or if an engine failure occurs during or
before a climb while in (V) ALTS CAP mode. These documents are distinct
since they apply to different airplane models.
     Subject 2--AFCS, of Section 02-08, ``System Limitations,''
of Chapter 2, ``LIMITATIONS,'' and Subject C, ``Engine Failure in Climb
During ALTS CAP,'' of Section 05-02, ``In-flight Engine Failures,'' of
Chapter 5, ``ABNORMAL PROCEDURES,'' of the Bombardier CRJ Regional Jet
AFM, CSP A-012, Revision 70, dated July 13, 2018.
     Subject 2--AFCS, of Section 02-08, ``System Limitations,''
of Chapter 2, ``LIMITATIONS,'' and Subject C, ``Engine Failure in Climb
During ALTS CAP'' and ``Engine Failure in Climb During (V) ALTS CAP,''
of Section 05-02, ``In-flight Engine Failures,'' of Chapter 5,
``ABNORMAL PROCEDURES,'' of the Bombardier CRJ Regional Jet AFM CSP B-
012, Revision 24, dated May 11, 2018.
     Subject 2--AFCS, of Section 02-08, ``System Limitations,''
of Chapter 2, ``LIMITATIONS,'' and Subject C, ``Engine Failure in Climb
During ALTS CAP'' and ``Engine Failure in Climb During (V) ALTS CAP,''
of Section 05-02, ``In-flight Engine Failures,'' of Chapter 5,
``ABNORMAL PROCEDURES,'' of the Bombardier CRJ Regional Jet AFM CSP C-
012, Revision 19A, dated August 17, 2018.
     Subject 2--AFCS, of Section 02-08, ``System Limitations,''
of Chapter 2, ``LIMITATIONS,'' and Subject C, ``Engine Failure in Climb
During ALTS CAP'' and ``Engine Failure in Climb During (V) ALTS CAP,''
of Section 05-02, ``In-flight Engine Failures,'' of Chapter 5,
``ABNORMAL PROCEDURES,'' of the Bombardier CRJ Regional Jet AFM CSP D-
012, Revision 20, dated September 28, 2018.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all the relevant information and determined the unsafe
condition described previously is likely to exist or develop on other
products of the same type design.

Proposed Requirements of This NPRM

    This proposed AD would require revising the AFM by including a
warning for the AFCS and procedures if an engine failure occurs during
or before a climb while in ALTS CAP mode and if an engine failure
occurs during or before a climb while in (V) ALTS CAP mode.

Costs of Compliance

    We estimate that this proposed AD affects 985 airplanes of U.S.
registry. We estimate the following costs to comply with this proposed
AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.............................              $0              $85          $83,725
----------------------------------------------------------------------------------------------------------------

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.
    This proposed AD is issued in accordance with authority delegated
by the Executive Director, Aircraft Certification Service, as
authorized by FAA Order 8000.51C. In accordance with that order,
issuance of ADs is normally a function of the Compliance and
Airworthiness Division, but during this transition period, the
Executive Director has delegated the authority to issue ADs applicable
to transport category airplanes and associated appliances to the
Director of the System Oversight Division.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);

    3. Will not affect intrastate aviation in Alaska; and
    4. 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.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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 airworthiness
directive (AD):

Bombardier, Inc.: Docket No. FAA-2019-0256; Product Identifier 2019-
NM-027-AD.

(a) Comments Due Date

    We must receive comments by June 28, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Bombardier, Inc. airplanes identified in
paragraphs (c)(1) through (c)(5) of this AD, certificated in any
category, all manufacturer serial numbers.
    (1) Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes.
    (2) Model CL-600-2C10 (Regional Jet Series 700, 701 & 702)
airplanes.
    (3) Model CL-600-2D15 (Regional Jet Series 705) airplanes.
    (4) Model CL-600-2D24 (Regional Jet Series 900) airplanes.
    (5) Model CL-600-2E25 (Regional Jet Series 1000) airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 22, Auto flight.

(e) Reason

    This AD was prompted by a report that during Automatic Flight
Control System (AFCS) ALTS CAP or (V) ALTS CAP mode the flight
guidance/autopilot does not account for engine failure while
capturing an altitude. We are issuing this AD to address an engine
failure that occurs during or before a climb while in ALTS CAP or
(V) ALTS CAP mode, which may cause the airspeed to drop
significantly below the safe operating speed, possibly resulting in
reduced control of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Revision of the Airplane Flight Manual (AFM)

    Within 30 days after the effective date of this AD: Revise the
AFM to include the information in Subject 2, ``Automatic Flight
Control System (AFCS),'' of Section 02-08, ``System Limitations,''
of Chapter 2, ``LIMITATIONS,'' and Subject C, ``Engine Failure in
Climb During ALTS CAP,'' or ``Engine Failure in Climb During (V)
ALTS CAP,'' of Section 05-02, ``In-flight Engine Failures,'' of
Chapter 5, ``ABNORMAL PROCEDURES,'' as applicable, of the applicable
AFM identified in figure 1 to paragraph (g) of this AD.
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[GRAPHIC] [TIFF OMITTED] TP14MY19.135

(h) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph
(g) of this AD, if those actions were performed before the effective
date of this AD using the applicable AFM specified in figure 2 to
paragraph (h) of this AD.

[GRAPHIC] [TIFF OMITTED] TP14MY19.136

BILLING CODE 4910-13-C

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO Branch, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your request to your principal
inspector or local Flight Standards District Office, as appropriate.
If sending information directly to the manager of the certification
office, send it to ATTN: Program Manager, Continuing Operational
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Before
using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding district
office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, New York ACO
Branch, FAA; or Transport Canada Civil Aviation (TCCA); or
Bombardier, Inc.'s TCCA Design Approval Organization (DAO). If
approved by the DAO, the approval must include the DAO-authorized
signature.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian AD CF-2018-32, dated December 10, 2018, for related
information. This MCAI may be found in the AD docket on the internet
at http://www.regulations.gov by searching for and locating Docket
No. FAA-2019-0256.
    (2) For more information about this AD, contact Steven
Dzierzynski, Aerospace Engineer, Avionics and Electrical Systems
Services Section, FAA, New York ACO Branch, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; telephone<PHONE_NUMBER>; fax 516-794-
5531; email<EMAIL_ADDRESS>    (3) For service information identified in this AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; Widebody Customer Response Center
North America toll-free telephone 1-866-538-1247 or direct-dial
telephone 1-514-855-2999; fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>internet http://www.bombardier.com. You
may view this service information at the FAA, Transport Standards
Branch, 2200 South 216th St., Des Moines, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

    Issued in Des Moines, Washington, on April 25, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-09806 Filed 5-13-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: February 6, 2008 (Volume 73, Number 25)]
[Notices]
[Page 6957-6958]
[DOCID:fr06fe08-48]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 [Docket No. ER04-1215-002]

Anthracite Power and Light Company; Notice of Filing

January 29, 2008.
    Take notice that on October 25, 2007, pursuant to Order No. 697,
Anthracite Power and Light Company (APL) filed a petition requesting
the Commission to classify it as a Category 1 Seller and acknowledge
APL as exempt from submitting Triennial Updated Market Analyses. APL
also submits a revised tariff sheet pursuant to the Commission's
requirements adopted in Order No. 697.
    Any person desiring to intervene or to protest this filing must
file in

accordance with Rules 211 and 214 of the Commission's Rules of Practice
and Procedure (18 CFR 385.211, 385.214). Protests will be considered by
the Commission in determining the appropriate action to be taken, but
will not serve to make protestants parties to the proceeding. Any
person wishing to become a party must file a notice of intervention or
motion to intervene, as appropriate. Such notices, motions, or protests
must be filed on or before the comment date. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

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

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

TTY, call<PHONE_NUMBER>.
Comment Date: 5 pm Eastern Time on February 8, 2008.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-2111 Filed 2-5-08; 8:45 am]

BILLING CODE 6717-01-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on July 23, 2004

NOTICE OF ACTION TAKEN -- DOCKET OST-2004-18440

________________________________________________________________________
_____________________________This serves as notice to the public of the
action described below, taken by the Department official indicated (no
additional confirming order will be issued in this matter).

Joint Application of AMERICA WEST AIRLINES, INC., and MESA AIRLINES,
INC.

filed 6/17/04 for:

XX  Exemption authority for America West for two years under 49 U.S.C.
§40109 to provide the following service:

Scheduled foreign air transportation of persons, property, and mail
between (1) the terminal point Los Angeles, California, and the terminal
point Acapulco, Mexico; and (2) the terminal point Oakland, California,
and the terminal point San Jose del Cabo, Mexico.  The applicants state
that the subject exemption authority will be used by America West to
provide nonstop direct-carrier flights in the Los Angeles-Acapulco and
Oakland-San Jose del Cabo markets.

XX  Exemption authority for America West and Mesa Airlines for two years
under 49 U.S.C. §40109 to provide the following service:

Scheduled foreign air transportation of persons, property, and mail
between:  (1) the terminal point Las Vegas, Nevada, and the terminal
point San Jose del Cabo, Mexico, (2) the terminal point Las Vegas,
Nevada, and the terminal point Puerto Vallarta, Mexico; (3) the terminal
point San Diego, California, and the terminal point San Jose del Cabo,
Mexico; and (4) the terminal point San Diego, California, and the
terminal point Puerto Vallarta, Mexico.  The applicants state that the
subject exemption authority will be used pursuant to a code-share
arrangement, whereby America West will place its “HP” code on the
direct-carrier flights of Mesa Airlines in the Las Vegas-San Jose del
Cabo/Puerto Vallarta and San Diego-San Jose del Cabo/Puerto Vallarta
markets.

Applicant rep:   Joanne W. Young<PHONE_NUMBER>    DOT Analyst:  Linda
L. Lundell<PHONE_NUMBER>

D I S P O S I T I O N

XX  Granted, subject to conditions (see below).

The action above was effective when taken:   July 23, 2004,   through
July 23, 2006  .

Action taken by:     Paul L. Gretch, Director

  		        Office of International Aviation

XX  The authority granted is consistent with the aviation agreement
between the United States and Mexico.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:

XX  Holder’s certificates of public convenience and necessity

XX  Standard Exemption Conditions (attached)

												2

Special Conditions/Remarks:  The U.S.-Mexico exemption authority granted
is subject to the dormancy notice requirements set forth in condition 7
of Appendix A of Order 88-10-2.  Consistent with our policy, the
dormancy notice period for the exemption authority granted will begin
December 18, 2004, the applicants’ proposed startup date for these
services.  The exemption authority granted to America West to serve the
Las Vegas-San Jose del Cabo/Puerto Vallarta and San Diego-San Jose del
Cabo/Puerto Vallarta markets is limited to code-share services only.

The code-share operations conducted under this authorization are subject
to the following conditions:  (a) The code-sharing operations conducted
under this authority must comply with 14 CFR 257 and with any amendment
to the Department’s regulations concerning code-share arrangements
that may be adopted.  Notwithstanding any provisions in the contract
between the carriers, our approval here is expressly conditioned upon
the requirements that the subject foreign air transportation be sold in
the name of the carrier holding out such service in computer reservation
systems and elsewhere; that the carrier selling such transportation
(i.e., the carrier shown on the ticket) accept responsibility for the
entirety of the code-share journey for all obligations established in
its contract of carriage with the passenger; and that the passenger
liability of the operating carrier be unaffected; and (b) the authority
granted here is specifically conditioned so that neither America West
nor Mesa shall give any force or effect to any contractual provisions
between themselves that are contrary to these conditions.

________________________________________________________________________
___________________

On the basis of data officially noticeable under Rule 24(g) of the
Department’s regulations, we found the applicant qualified to provide
the services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) grant of the application was consistent with the public
interest; and (3) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
 To the extent not granted, we denied all requests in the referenced
Docket.  We may amend, modify, or revoke the authority granted in this
Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

  HYPERLINK "http://dms.dot.gov/reports_aviation.asp"
http://dms.dot.gov/reports_aviation.asp

					APPENDIX

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

(5)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR 203, concerning
waiver of Warsaw Convention liability limits and defenses;

(6)  Comply with all applicable requirements of the Federal Aviation
Administration and with all applicable U.S. Government requirements
concerning security, including, but not limited to, 49 CFR Part 1544.
To assure compliance with all applicable U.S. Government requirements
concerning security, the holder shall, before commencing any new service
(including charter flights) to or from a foreign airport, contact its
International Principal Security Inspector (IPSI) to advise the IPSI of
its plans and to find out whether the Transportation Security
Administration has determined that security is adequate to allow such
airport(s) to be served; and

(7)  Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department of Transportation, with all applicable orders and regulations
of other U.S. agencies and courts, and with all applicable laws of the
United States.

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

   No code-share services are proposed on these routes at this time.

05/2004


[Federal Register Volume 75, Number 1 (Monday, January 4, 2010)]
[Notices]
[Pages 178-179]
[FR Doc No: E9-31109]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), notice is hereby given that the Federal Railroad Administration
(FRA) received a request for a waiver of compliance with certain
requirements of its safety standards. The individual petition is
described below, including the party seeking relief, the regulatory
provisions involved, the nature of the relief being requested, and the
petitioner's arguments in favour of relief.

Alton & Southern Railway

[Waiver Petition Docket Number FRA-2009-0121]

    The Alton & Southern Railway Company (ALS) has petitioned for a
waiver of compliance from the requirements of Title 49 CFR
229.23(d)(f), 229.27(3), and 229.29(a) as it pertains to the physical
recordkeeping requirements for 92-day periodic, annual, and biennial
locomotive inspection reports at mechanical facilities where the
inspections are performed, and for the maintenance of a copy of the
locomotive inspection and repair record in the cab of the locomotive.
    Through this waiver, for all locomotives leased from the Union
Pacific Railroad Company, ALS seeks to complete and maintain an
electronic report of each locomotive inspection report, repair record,
and a hard copy. Pursuant to Title 49 CFR 229.23(d)(f), 229.27(3), and
229.29(a), this electronic report will be maintained in a centralized
computer database for the required period, and a hard copy of the

same report will be maintained in the cab of the locomotive.
    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, 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 (e.g., Waiver Petition Docket Number FRA-
2009-0121) and may be submitted by any of the following methods:
    1. Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
    2. Fax:<PHONE_NUMBER>.
    3. Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC
20590.
    4. Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Communications received within 45 days of the date of this notice
will be considered by FRA before final action is taken. Comments
received after that date will be considered as far as practicable. All
written communications concerning these proceedings are available for
examination during regular business hours (9 a.m.-5 p.m.) at the above
facility. All documents in the public docket are also available for
inspection and copying on the Internet at the docket facility's Web
site at http:[sol][sol]www.regulations.gov.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the document (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000 (65 FR 19477) or at
http://www.dot.gov/privacy.html.

    Issued in Washington, DC on December 28, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program
Development.
[FR Doc. E9-31109 Filed 12-31-09; 8:45 am]
BILLING CODE 4910-06-P