[Federal Register: November 21, 2008 (Volume 73, Number 226)]
[Notices]
[Page 70689-70691]
[DOCID:fr21no08-103]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58957; File No. SR-NYSEArca-2008-119]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Regarding NYSE Arca
Equities Rule Governing the Anti-Money Laundering Compliance Program

November 14, 2008.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that, on October 28, 2008, NYSE Arca, Inc. (``NYSE Arca'' or
``Exchange''), through its wholly owned subsidiary NYSE Arca Equities,
Inc. (``NYSE Arca Equities'' or the ``Corporation''), filed with the
Securities and Exchange Commission (``Commission'') the proposed rule
change as described in Items I and II below, which Items have been
substantially prepared by the Exchange. The Exchange has designated the
proposed rule change as constituting a ``non-controversial'' rule
change under Rule 19b-4(f)(6) under the Act.\4\ The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend the NYSE Arca Equities Rule 6.17
governing the Anti-Money Laundering Compliance Program (``AMLCP''). The
proposed rule change would clarify the frequency with which an Equities
Trading Permit (``ETP'') Holder must conduct independent testing of its
AMLCP and would establish the qualifications of the person designated
to perform AMLCP testing as well as provide guidelines for establishing
the independence of the person performing the test. The text of the
proposed rule change is available on the Exchange's Web site at http://
www.nyse.com, at the Exchange's principal office, and at the
Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of those statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant parts of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    Financial institutions, including broker-dealers, must develop and
implement AML Programs pursuant to the Bank Secrecy Act (``BSA''),\5\
as amended by Section 352 of the Uniting and Strengthening America by
Providing Appropriate Tools Required to Intercept and Obstruct
Terrorism Act of 2001 (``PATRIOT Act'').\6\ Consistent with Department
of Treasury regulation 31 CFR 103.120 under the BSA, Exchange Rule 6.17
requires that each member organization develop and implement a written
anti-money laundering (``AML'') AML program that specifies the minimum
requirement for these programs.
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    \5\ 31 U.S.C. 5311 et seq.
    \6\ Public Law 107-56, 115 Stat. 272 (2001).
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    The AML program must include the development of internal policies,
procedures and controls; the designation of a person to implement and
monitor the day-to-day operations and internal controls of the program
(commonly referred to as an ``AML Officer''); ongoing training for
appropriate persons; and an independent testing function for overall
compliance.
    The Exchange proposes to change NYSE Arca Equities Rule 6.17(c) to
clarify the language governing the frequency with which an ETP Holder
must conduct independent testing of its Anti-Money Laundering
Compliance Program (``AMLCP''). Additionally, the Exchange proposes to
add new commentary to Rule 6.17(c) that establishes qualifications of
the person designated to perform AMLCP testing and guidelines for
establishing the independence of the person performing the test.
Timeframes for Independent Testing
    The proposed rule change would require that independent testing of
AML programs be conducted, at a minimum, on an annual (calendar-year)
basis by ETP Holders, unless the ETP Holder does not execute
transactions for

customers or otherwise hold customer accounts or act as an introducing
broker with respect to customer accounts (e.g., engages solely in
proprietary trading, or conducts business only with other broker-
dealers), in which case such independent testing is required every two
years (on a calendar-year basis). The Exchange believes that these
timeframes are reasonable in that they require more frequent testing of
AML programs designed to monitor a business with customers from the
general public, which may be more susceptible to money laundering
schemes than a strictly proprietary business involving transactions
with other broker-dealers. Furthermore, the one-year time frame for
testing is consistent with standard industry practice in that it is
similar to generally accepted guidelines for conducting tests in the
context of, for instance, general audits and branch office visits. The
proposed rule change establishes only a minimum requirement, and makes
clear that members should undertake more frequent testing when
circumstances warrant (e.g., should the business mix of the member or
member organization materially change; in the event of a merger or
acquisition; in light of systemic weaknesses uncovered via testing of
the AML Program; or in response to other ``red flags'').
Qualification and Independence Standards for Testing
    Additionally, the Exchange proposes to add Commentary .01 to NYSE
Arca Equities Rule 6.17 in order to establish qualifications for the
person designated to perform AMLCP testing as well as guidelines for
establishing the independence of the person performing the test. The
proposed rule change would require the person conducting the
independent test to have a working knowledge of the applicable BSA
requirements and related regulations. Such person need not be an
employee of the member or member organization since the responsibility
being delegated is essentially an auditing function and, as such, it
would not be unusual or ineffective for it to be performed by an
independent outside party.
    The proposed rule change does not preclude an employee of the
member or member organization from conducting the required independent
testing of the AML Program; however the proposed ``independence''
standard would prohibit testing from being conducted by a person who
performs the functions being tested, or by the designated AML Officer
or by a person that reports to either.
AML Officer
    The proposed rule change would also clarify that the person
responsible for implementing and monitoring the day-to-day operations
and controls of the program must be an associated person of the member.
This would not prohibit a member that is part of a diversified
financial institution from designating an AML Officer that is employed
by the member's parent company, sister company, or other affiliate.
However, if such a person is designated as a member's AML Officer, the
Exchange will consider that person to be an associated person of the
member with respect to those activities performed on behalf of the
member.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) \7\ of the Securities Exchange Act of 1934 (the
``Exchange Act''), in general, and furthers the objectives of Section
6(b)(5) \8\ in particular in that it is designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, to remove impediments and perfect the mechanism of
a free and open market and a national market system, and, in general,
to protect investors and the public interest. The Exchange believes
that the proposed rule change is designed to accomplish these ends by
requiring members to conduct periodic tests of their AML compliance
programs and preserve the independence of their testing personnel.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) \9\ of the Act and Rule 19b-4(f)(6) \10\ thereunder.
The Exchange believes that the proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest, (ii) impose any significant burden on competition, and (iii)
will not become operative prior to 30 days from the date on which it
was filed, or such shorter time as the Commission may designate, if
consistent with the protection of investors and the public
interest.\11\
    Rule 19b-4(f)(6)(iii) \12\ requires the Exchange to give the
Commission written notice of the Exchange's intent to file a proposed
rule change along with a brief description and text of the proposed
rule change, at least five business days prior to the date of filing of
the proposed rule change, or such shorter time as designated by the
Commission. The Exchange has satisfied this requirement. The Exchange
also requests that the Commission waive the 30-day operative delay
contained in Exchange Act Rule 19b-4(f)(6).\13\ The Exchange believes
that waiver of the 30-day operative delay will allow the Exchange to
immediately begin requiring members to conduct periodic tests of their
AMLCP and preserve the independence of their testing personnel. The
Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest.
The Commission believes that the proposed rule is designed to
accomplish these ends by requiring ETP Holders to conduct periodic
testing of their AMLCPs, preserve the independence of their testing
personnel, and by making the Exchange's program requirements consistent
with those at other exchanges and self-regulatory organizations.\14\
The Commission therefore grants the Exchange's request and designates
the proposal to be operative upon filing.\15\
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    \9\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ 17 CFR 240.19b-4(f)(6).
    \12\ 17 CFR 240.19b-4(f)(6)(iii).
    \13\ Id.
    \14\ See e.g., NASD Rule 3011, NYSE Rule 445.
    \15\ For purposes of waiving the 30-day operative delay, the
Commission has considered the proposed rule's impact on efficiency,
competition and capital formation. See 15 U.S.C. 78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing,

including whether the proposed rule change is consistent with the Act.
Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2008-119 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSEArca-2008-119. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Section, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of the filing will also be available for
inspection and copying at NYSE Arca's principal office and on its
Internet Web site at http://www.nyse.com. All comments received will be
posted without change; the Commission does not edit personal
identifying information from submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSEArca-2008-119 and should be
submitted on or before December 12, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Acting Secretary.
 [FR Doc. E8-27757 Filed 11-20-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 67 (Friday, April 9, 2021)]
[Proposed Rules]
[Pages 18485-18487]
[FR Doc No: 2021-07211]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-0209; Airspace Docket No. 21-ANM-10]
RIN 2120-AA66

Proposed Establishment of Class E Airspace; Great Falls, MT

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to establish Class E domestic en route
airspace extending upward from 1,200 feet above the surface at Great
Falls, MT. This airspace would facilitate vectoring of Instrument
Flight Rules (IFR) aircraft and it would properly contain IFR aircraft
operating on direct routes under the control of Salt Lake City Air
Route Traffic Control Center (ARTCC). The FAA is proposing this action
to enhance the safety and management of IFR operations within the
National Airspace System (NAS).

DATES: Comments must be received on or before May 24, 2021.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone:
1-800-647-5527, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2021-0209; Airspace Docket No. 21-ANM-10, at the beginning of your
comments. You may also submit comments through the internet at https://www.regulations.gov.
    FAA Order 7400.11E, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at https://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 7400.11E at NARA, email<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Matthew Van Der Wal, Federal Aviation
Administration, Western Service Center, Operations Support Group, 2200
S 216th Street, Des Moines, WA 98198; 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 would establish Class E airspace at Great Falls, MT, to support
IFR operations within the NAS.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Persons wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2021-0209;
Airspace Docket No. 21-ANM-10''. The postcard will be date/time stamped
and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at https://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at https://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Northwest Mountain Regional Office of the Federal
Aviation Administration, Air Traffic Organization, Western Service
Center, Operations Support Group, 2200 S 216th Street, Des Moines, WA
98198.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11E, Airspace
Designations and Reporting Points, dated July 21, 2020, and effective
September 15, 2020. FAA Order 7400.11E is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11E lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 by establishing
Class E en route domestic airspace extending upward from 1,200 feet
above the surface at Great Falls, MT. This action would provide
controlled airspace to facilitate vectoring of IFR aircraft under the
control of Salt Lake City ARTCC. The airspace would also ensure proper
containment of IFR aircraft operating on direct routes where the
current en route structure is insufficient. This action would enhance
the safety and management of IFR operations within the NAS.
    Class E6 airspace designations are published in paragraph 6006 of
FAA Order 7400.11E, dated July 21, 2020, and effective September 15,
2020, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

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 will only affect air traffic procedures and air navigation, it

is certified that this rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

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

0
1. The authority citation for 14 CFR Part 71 continues to read as
follows:

    Authority:  49 U.S.C. 106(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 7400.11E,
Airspace Designations and Reporting Points, dated July 21, 2020, and
effective September 15, 2020, is amended as follows:

Paragraph 6006 En Route Domestic Airspace Areas.

* * * * *

ANM MT E6 Great Falls, MT

    That airspace extending upward from 1,200 feet above the surface
within an area beginning at lat 46[deg]23'22'' N, long
110[deg]30'0.0'' W, to lat 46[deg]01'40.93'' N, long
112[deg]32'45.82'' W, to lat 47[deg]40'32.29'' N, long
112[deg]32'46.33'' W, to lat 47[deg]41'18'' N, long 112[deg]36'32''
W, to lat 48[deg]03'50'' N, long 112[deg]14'45'' W, to lat
48[deg]15'45'' N, long 111[deg]33'50'' W, to lat 48[deg]12'20'' N,
long 111[deg]0.0'10'' W, to lat 47[deg]59'55'' N, long
110[deg]30'0.0'' W, to lat 47[deg]10'40'' N, long 109[deg]52'06'' W,
then to the point of beginning.

    Issued in Des Moines, Washington, on April 2, 2021.
B.G. Chew,
Acting Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2021-07211 Filed 4-8-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: March 30, 2010 (Volume 75, Number 60)]
[Notices]
[Page 15704-15705]
[DOCID:fr30mr10-65]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL10-49-000]

Old Dominion Electric Cooperative; North Carolina Electric
Membership Corporation, Complainants v. Virginia Electric and Power
Company, Respondent; Notice of Complaint

March 23, 2010.
    Take notice that on March 17, 2010, pursuant to section 206 of the
Rules and Practice and Procedure, 18 CFR 385.206 and sections 206 and
306 of the Federal Power Act, 16 U.S.C. 824(e) and 825(e), Old Dominion
Electric Cooperative and North Carolina Electric Membership Corporation
(Complainants) filed a formal complaint against Virginia Electric and
Power Company (Respondent) alleging that, Respondent's 2010 Annual
Update to its formula rate is unjust, unreasonable, unduly
discriminatory and preferential because Respondent has included in its
2010 Annual Transmission Revenue Requirement (ATRR) costs related to
projects and facilities that are not appropriate for recovery in
Respondent's wholesale transmission rates. Complainants request that
the Commission direct Respondent to remove the challenged costs from
its 2010 ATRR and from future Annual Updates; and to the extent
necessary, initiate an evidentiary proceeding limited to a
determination of the precise amount of costs for each project that
should be removed from Respondent's transmission rates.
    The Complainants states that copies of the complaint were served on
the contacts for the Respondent as listed on the Commission's list of
Corporate Officials.
    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.
The Respondent's answer and all interventions, or protests must be
filed on or before the comment date. The Respondent's answer, motions
to intervene, and protests must be served on the Complainants.
    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 p.m. Eastern Time on April 6, 2010.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-6985 Filed 3-29-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 166 (Friday, August 26, 2016)]
[Rules and Regulations]
[Page 58846]
[FR Doc No: 2016-20482]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2016-0783]

Drawbridge Operation Regulation; Chester River, Chestertown, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the S213 (MD 213) Bridge across the
Chester River, mile 26.8, at Chestertown, MD. The deviation is
necessary to facilitate bridge maintenance. This deviation allows the
bridge to remain in the closed-to-navigation position.

DATES: The deviation is effective 8 p.m. on Tuesday, September 6, 2016
to 6 a.m. on Sunday, October 30, 2016.

ADDRESSES: The docket for this deviation, [USCG-2016-0783] is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH''. Click on Open Docket Folder on the line
associated with this deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Mr. Michael Thorogood, Bridge
Administration Branch Fifth District, Coast Guard, telephone 757-398-
6557, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:  The Maryland State Highway Administration,
who owns and operates the S213 (MD 213) Bridge, has requested a
temporary deviation from the current operating regulations set out in
33 CFR 117.551, to facilitate painting of the bridge.
    Under this temporary deviation, the bridge will be in the closed-
to-navigation position from 8 p.m. September 6, 2016 to 6 a.m. October
30, 2016. The bridge is a double bascule drawbridge and has a vertical
clearance in the closed-to-navigation position of 12 feet above mean
high water.
    The Chester River is used by recreational vessels. The Coast Guard
has carefully considered the nature and volume of vessel traffic on the
waterway in publishing this temporary deviation.
    For the duration of the bridge maintenance, vessels will not be
allowed to pass through the bridge due to placement of barges and
equipment in the main navigation span. The bridge will open for vessels
on signal during the scheduled closure periods, if at least 24 hours
notice is given. The bridge will not be able to open for emergencies
and there is no immediate alternative route for vessels to pass. The
Coast Guard will also inform the users of the waterway through our
Local Notice and Broadcast Notices to Mariners of the change in
operating schedule for the bridge so that vessel operators can arrange
their transits to minimize any impact caused by the temporary
deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: August 19, 2016.
Hal R. Pitts,
Bridge Program Manager, Fifth Coast Guard District.
[FR Doc. 2016-20482 Filed 8-25-16; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 81, Number 166 (Friday, August 26, 2016)]
[Notices]
[Pages 58924-58925]
[FR Doc No: 2016-20537]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-9028-7]

Environmental Impact Statements; Notice of Availability

    RESPONSIBLE AGENCY: Office of Federal Activities, General
Information<PHONE_NUMBER> or http://www.epa.gov/nepa.

Weekly receipt of Environmental Impact Statements

Filed 08/15/2016 Through 08/19/2016
Pursuant to 40 CFR 1506.9.

Notice

    Section 309(a) of the Clean Air Act requires that EPA make public
its comments on EISs issued by other Federal agencies. EPA's comment
letters on EISs are available at: http://www.epa.gov/compliance/nepa/eisdata.html.

EIS No. 20160188, Final, NHTSA, NAT, Phase 2 Fuel Efficiency Standards
for Medium- and Heavy-Duty Engines and Vehicles, Review Period Ends:
09/26/2016, Contact: James Tamm<PHONE_NUMBER>
EIS No. 20160189, Final, BLM, WY, Sheep Mountain Uranium Project,
Review Period Ends: 09/26/2016, Contact: Tom Sunderland<PHONE_NUMBER>
EIS No. 20160190, Draft, NMFS, OR, Analyze Impacts of NOAA's National
Marine Fisheries Service Proposed Approval of the Continued Operation
of 10 Hatchery Facilities for Trout, Salmon, and Steelhead Along the
Oregon Coast, as Described in Oregon Department of Fish and Wildlife
Hatchery and Genetic Management Plans Pursuant to Section 4(d) of the
Endangered Species Act, Comment Period Ends: 10/26/2016, Contact: Lance
Kruzic<PHONE_NUMBER>
EIS No. 20160191, Draft, NOAA, HI, Enhancing Protections for Hawaiian
Spinner Dolphins to Prevent Disturbance, Comment Period Ends: 10/24/
2016, Contact: Susan Pultz<PHONE_NUMBER>
EIS No. 20160192, Draft Supplement, USN, Other, Surveillance Towed
Array Sensor System Low Frequency Active (SURTASS LFA) Sonar, Comment
Period Ends: 10/11/2016, Contact: LCDR Mark Murnane<PHONE_NUMBER>

    Dated: August 23, 2016.
Dawn Roberts,
Management Analyst, NEPA Compliance Division, Office of Federal
Activities.
[FR Doc. 2016-20537 Filed 8-25-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 67 (Friday, April 7, 2023)]
[Rules and Regulations]
[Pages 20774-20776]
[FR Doc No: 2023-07223]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0114]
RIN 1625-AA87

Security Zone; San Francisco Bay, Oakland Estuary, Alameda, CA

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Final rule.

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

SUMMARY: The Coast Guard is amending the established security zone
extending 50 yards into the navigable waters of the Oakland Estuary,
Alameda, California, surrounding the Coast Guard Island Pier. This
security zone change will now include the entire perimeter of Coast
Guard Island and 50 yards on either side of the Coast Guard Island
causeway (Dennison Street Bridge). This action is necessary to provide
for the continued security of the military service members on board
vessels moored at the pier, as well as all military members and
government property on Coast Guard Island. This security zone will
prohibit all persons and vessels from entering, transiting through, or
anchoring within a portion of the Oakland Estuary surrounding Coast
Guard Island, and prohibit all persons and vessels from loitering
within 50 yards of the Coast Guard Island causeway, unless authorized
by the Captain of the Port (COTP) or his designated representative.

DATES: This rule is effective April 7, 2023.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0114 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT William Harris, Sector San Francisco Waterways
Management Division, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Captain of the Port (COTP) San Francisco identified a need to
amend the existing security zone to address the security concerns to
the military base on Coast Guard Island and the Coast Guard Island
causeway. Over the past three years, Coast Guard Island has had over 20
security incidents. Additionally, the Coast Guard no longer uses the
Security barrier around the pier and this rulemaking accounts for that
change. In response, on February 15, 2023, the Coast Guard published a
notice of proposed rulemaking (NPRM) titled ``Security Zone; San
Francisco Bay, Oakland Estuary, Alameda, CA'' (88 FR 10063). There we
stated why we issued

the NPRM and invited comments on our proposed regulatory action related
to this security zone. During the comment period that ended March 20,
2023, we received 3 comments.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to public interest because immediate action
is needed to respond to the potential security hazards associated with
security incidents on Coast Guard Island.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70051 and 70124. The Captain of the Port Sector San Francisco (COTP)
has determined that potential hazards associated with future security
incidents necessitate changes to the existing regulation.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received 3 comments on our NPRM published
February 15, 2023. The first comment requested a chart graphic be added
to the docket representing the area encompassed by the proposed
expanded security zone, which we addressed by publishing the chart
graphic to the docket on February 27, 2023. The second comment received
was not within the scope of the regulation. The final comment was in
support of the proposed expanded security zone. There is one change in
the regulatory text of this rule from the proposed rule in the NPRM.
The Coast Guard added a sentence to paragraph (b)(2) clarifying that
vessels must make direct passage through the security zone for the
Coast Guard Island Causeway in addition to not loitering. This addition
clarifies that vessels and persons may enter the Coast Guard Island
Causeway security zone if they are making direct passage through the
area.
    This rule amends the established security zone at Coast Guard
Island, 33 CFR 165.1190, to cover all navigable waters of the Oakland
Estuary beginning at 37[deg]46'42.5'' N, 122[deg]14'51.4'' W; thence to
37[deg]46'46.6'' N, 122[deg]14'59.7'' W; thence to 37[deg]46'51.8'' N,
122[deg]15'7.4'' W; thence to 37[deg]46'56.3'' N, 122[deg]15'12.1'' W;
thence to 37[deg]47'2.2'' N, 122[deg]15'16.4'' W; thence to
37[deg]47'8'' N, 122[deg]15'16.6'' W; thence to 37[deg]47'10'' N,
122[deg]15'12.8'' W; thence to 37[deg]47'10.1'' N, 122[deg]15'5.7'' W;
thence to 37[deg]47'7.8'' N, 122[deg]15'0.1'' W; thence to
37[deg]47'5.2'' N, 122[deg]14'53.7'' W; thence to 37[deg]47'2.1'' N,
122[deg]14'49.5'' W; thence to 37[deg]46'58.9'' N, 122[deg]14'46.2'' W;
thence to 37[deg]46'57.1'' N, 122[deg]14'44.6'' W; thence to
37[deg]46'52.9'' N, 122[deg]14'42.6'' W; thence to 37[deg]46'50.2'' N,
122[deg]14'42.9'' W; thence to 37[deg]46'47.9'' N, 122[deg]14'43.6'' W;
thence to 37[deg]46'42.3'' N, 122[deg]14'44.1'' W; thence to the
beginning, and all navigable waters of the Oakland Estuary 50 yards on
either side of a line beginning at 37[deg]46'48.1'' N,
122[deg]14'45.8'' W; thence to 37[deg]46'46.1'' N, 122[deg]14'41.5'' W;
thence to 37[deg]46'45.4'' N, 122[deg]14'36.6'' W.
    No vessel or person will be permitted to enter the security zone
surrounding Coast Guard Island, and no vessel or person will be
permitted to loiter in the zone surrounding the causeway bridge, unless
authorized by the COTP. Vessel operators and persons will be able to
transit the waters surrounding the causeway bridge without COTP
permission, but they will not be allowed to loiter in those waters
without the COTP permission.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
    This regulatory action determination is based on the size and
location of the security zone. The effect of this rule will not be
significant because vessel traffic will still be permitted to transit
around Coast Guard Island, and this rule will encompass only a small
portion of the waterway.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the
security zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial

direct effect on one or more Indian tribes, on the relationship between
the Federal Government and Indian tribes, or on the distribution of
power and responsibilities between the Federal Government and Indian
tribes.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
security zone covering all navigable waters of the Oakland Estuary,
which will exclude vessels from entering the regulated area unless
authorized by the COTP. It is categorically excluded from further
review under paragraph L60a of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1. A Record of Environmental Consideration
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.

0
2. Revise Sec.  165.1190 to read as follows:

Sec.  165.1190  Security Zone; San Francisco Bay, Oakland Estuary,
Alameda, CA.

    (a) Locations. The following areas are security zones:
    (1) Coast Guard Island. All waters of the Oakland Estuary, from
surface to bottom, encompassed by a line connecting the following
points beginning at 37[deg]46'42.5'' N, 122[deg]14'51.4'' W; thence to
37[deg]46'46.6'' N, 122[deg]14'59.7'' W; thence to 37[deg]46'51.8'' N,
122[deg]15'7.4'' W; thence to 37[deg]46'56.3'' N, 122[deg]15'12.1'' W;
thence to 37[deg]47'2.2'' N, 122[deg]15'16.4'' W; thence to
37[deg]47'8'' N, 122[deg]15'16.6'' W; thence to 37[deg]47'10'' N,
122[deg]15'12.8'' W; thence to 37[deg]47'10.1'' N, 122[deg]15'5.7'' W;
thence to 37[deg]47'7.8'' N, 122[deg]15'0.1'' W; thence to
37[deg]47'5.2'' N, 122[deg]14'53.7'' W; thence to 37[deg]47'2.1'' N,
122[deg]14'49.5'' W; thence to 37[deg]46'58.9'' N, 122[deg]14'46.2'' W;
thence to 37[deg]46'57.1'' N, 122[deg]14'44.6'' W; thence to
37[deg]46'52.9'' N, 122[deg]14'42.6'' W; thence to 37[deg]46'50.2'' N,
122[deg]14'42.9'' W; thence to 37[deg]46'47.9'' N, 122[deg]14'43.6'' W;
thence to 37[deg]46'42.3'' N, 122[deg]14'44.1'' W; and back to the
beginning point. These coordinates are based on North American Datum
(NAD) 83.
    (2) Coast Guard Island Causeway. All waters of the Oakland Estuary,
from surface to bottom, 50 yards on either side of a line beginning at
37[deg]46'48.1'' N, 122[deg]14'45.8'' W; thence to 37[deg]46'46.1'' N,
122[deg]14'41.5'' W; thence to 37[deg]46'45.4'' N, 122[deg]14'36.6'' W.
These coordinates are based on NAD 83.
    (b) Regulations. (1) Under the general security zone regulations in
subpart D of this part, you may not enter the security zone described
in paragraph (a)(1) of this section unless authorized by the Captain of
the Port (COTP). The security zone described in paragraph (a)(1) of
this section is closed to all vessel traffic, except as may be
permitted by the COTP. To seek permission to enter the security zone in
paragraph (a)(1) of this section, contact the COTP by VHF Marine Radio
channel 16 or through the 24-hour Command Center at telephone (415)
399-3547. Those in the security zone must comply with all lawful orders
or directions given to them by the COTP.
    (2) Under the general security zone regulations in subpart D of
this part, you may not loiter in the security zone described in
paragraph (a)(2) of this section unless authorized by the COTP. Vessels
must make a direct passage through the security zone described in
paragraph (a)(2) of this section.
    (c) Enforcement. The Captain of the Port will enforce this security
zone and may be assisted in the patrol and enforcement of this security
zone by any Federal, State, county, municipal, or private agency.

    Dated: March 30, 2023.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port, Sector San Francisco.
[FR Doc. 2023-07223 Filed 4-6-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 86, Number 102 (Friday, May 28, 2021)]
[Notices]
[Page 28831]
[FR Doc No: 2021-11321]

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ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-9056-7]

Environmental Impact Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General
Information<PHONE_NUMBER> or https://www.epa.gov/nepa.

Weekly receipt of Environmental Impact Statements (EIS)
Filed May 17, 2021 10 a.m. EST Through May 24, 2021 10 a.m. EST
Pursuant to 40 CFR 1506.9.

Notice

    Section 309(a) of the Clean Air Act requires that EPA make public
its comments on EISs issued by other Federal agencies. EPA's comment
letters on EISs are available at: https://cdxnodengn.epa.gov/cdx-enepa-public/action/eis/search.

EIS No. 20210057, Revised Final, USFS, AZ, Travel Management on the
Tonto National Forest, Review Period Ends: 06/28/2021, Contact: Gregory
Schuster<PHONE_NUMBER>.
EIS No. 20210058, Final Supplement, USACE, CA, American River Watershed
Common Features, Water Resources Development Act of 2016 Project--
Sacramento Weir Widening, Review Period Ends: 06/28/2021, Contact:
Robert Chase<PHONE_NUMBER>.
EIS No. 20210059, Final, USFS, CO, Enlargement of Monument Reservoir
No. 1 Project, Review Period Ends: 07/12/2021, Contact: John Slown 406-
493-4196.
EIS No. 20210060, Draft, USACE, TN, North DeSoto County, Mississippi
Feasibility Study, Comment Period Ends: 07/12/2021, Contact: Andrea
Carpenter<PHONE_NUMBER>.

    Dated: May 24, 2021.
Cindy S. Barger,
Director, NEPA Compliance Division, Office of Federal Activities.
[FR Doc. 2021-11321 Filed 5-27-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 19 (Wednesday, January 29, 2014)]
[Proposed Rules]
[Pages 4641-4642]
[FR Doc No: 2014-01728]

=======================================================================
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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Parts 1910, 1915, and 1926

[Docket No. OSHA-2010-0034]
RIN 1218-AB70

Occupational Exposure to Crystalline Silica; Extension of Comment
Period

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Proposed rule; extension of comment period.

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

SUMMARY: The Occupational Safety and Health Administration (OSHA) is
extending the deadline for submitting comments and written testimony on
the Notice of Proposed Rulemaking (NPRM) on Occupational Exposure to
Crystalline Silica.

DATES: The comment period for the proposed rule published September 12,
2013 (78 FR 56274), extended on October 31, 2013 (78 FR 65242), is
further extended. Comments and written testimony on the NPRM must be
submitted (postmarked, sent, or received) by Tuesday, February 11,
2014.

ADDRESSES: Comments and written testimony. You may submit comments and
written testimony, identified by Docket No. OSHA-2010-0034, by any of
the following methods:
    Electronically: You may submit comments and written testimony along
with attachments electronically at http://www.regulations.gov, which is
the Federal e-Rulemaking Portal. Click on the ``COMMENT NOW!'' box next
to the title ``Occupational Exposure to Crystalline Silica; Extension
of Comment Period,'' and follow the instructions on-line for making
electronic submissions.
    Fax: If your submissions, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service:
You may submit your comments and written testimony to the OSHA Docket
Office, Docket No. OSHA-2010-0034, U.S. Department of Labor, Room N-
2625, 200 Constitution Avenue NW., Washington, DC 20210, telephone
(202) 693-2350 (OSHA's TTY number is<PHONE_NUMBER>). Deliveries (hand,
express mail, messenger, or courier service) are accepted during the
Department of Labor's and Docket Office's normal business hours, 8:15
a.m. to 4:45 p.m., E.T.
    Instructions: All submissions must include the Agency name and the
docket number for this rulemaking (Docket No. OSHA-2010-0034). All
comments and written testimony, including any personal information you
provide, are placed in the public docket without change and may be made
available online at http://www.regulations.gov. Therefore, OSHA
cautions you about submitting personal information such as Social
Security numbers and birthdates. Because of security-related
procedures, the use of regular mail may cause a significant delay in
the receipt of your submissions. For information about security-related
procedures for submitting materials by express delivery, hand delivery,
messenger, or courier service, please contact the OSHA Docket Office.
For additional information on submitting comments and written hearing
testimony, see Section XV of the NPRM preamble, Public Participation
(78 FR 56274, 56440-56442; September 12, 2013).
    Docket: To read or download comments and written testimony
submitted in response to this Federal Register notice, go to Docket No.
OSHA-2010-0034 at http://www.regulations.gov or to the OSHA Docket
Office at the address above. All comments and submissions are listed in
the http://www.regulations.gov index; however, some information (e.g.,
copyrighted material) is not publicly available to read or download
through that Web site. All comments and submissions are available for
inspection and, where permissible, copying at the OSHA Docket Office.
    Electronic copies of this Federal Register document are available
at http://regulations.gov. Copies also are available from the OSHA
Office of Publications, Room N-3101, U.S. Department of Labor, 200
Constitution Avenue NW., Washington, DC 20210; telephone (202) 693-
1888. This document, as well as news releases and other relevant
information, is also available at OSHA's Web site at http://www.osha.gov.

FOR FURTHER INFORMATION CONTACT: For general information and press
inquiries, contact Frank Meilinger, Director, Office of Communications,
Room N-3647, OSHA, U.S. Department of Labor, 200

Constitution Avenue NW., Washington, DC 20210; telephone (202) 693-
1999; email<EMAIL_ADDRESS>For technical inquiries,
contact William Perry or David O'Connor, Directorate of Standards and
Guidance, Room N-3718, OSHA, U.S. Department of Labor, 200 Constitution
Avenue NW., Washington, DC 20210; telephone<PHONE_NUMBER> or fax (202)
693-1678. For hearing inquiries, contact Frank Meilinger, Director,
Office of Communications, Room N-3647, OSHA, U.S. Department of Labor,
200 Constitution Avenue NW., Washington, DC 20210; telephone (202) 693-
1999; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: OSHA published a notice of proposed
rulemaking on September 12, 2013, for occupational exposure to
respirable crystalline silica (78 FR 56274). This notice requested
comments and written testimony by December 11, 2013 and established the
public hearing to commence on March 4, 2014. OSHA subsequently extended
the deadline for submitting comments and written testimony to January
27, 2014; and the commencement of the hearings to now begin March 18,
2014 (78 FR 65242). OSHA is now extending the deadline for submitting
comments and written testimony until February 11, 2014. The date for
commencement of the hearings remains March 18.
    Authority and Signature: This document was prepared under the
direction of David Michaels, Ph.D., MPH, Assistant Secretary of Labor
for Occupational Safety and Health, U.S. Department of Labor, 200
Constitution Avenue NW., Washington, DC 20210, pursuant to sections 4,
6, and 8 of the Occupational Safety and Health Act of 1970 (29 U.S.C.
653, 655, 657); section 107 of the Contract Work Hours and Safety
Standards Act (the Construction Safety Act) (40 U.S.C. 333); section 41
of the Longshore and Harbor Worker's Compensation Act (33 U.S.C. 941);
Secretary of Labor's Order No. 1-2012 (77 FR 3912, January 25, 2012);
and 29 CFR Part 1911.

David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2014-01728 Filed 1-24-14; 4:15 pm]
BILLING CODE 4510-26-P


[Federal Register Volume 83, Number 101 (Thursday, May 24, 2018)]
[Notices]
[Page 24094]
[FR Doc No: 2018-11177]

=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP16-121-000]

Notice of Revised Schedule for Environmental Review of the Fields
Point Liquefaction Project, National Grid LNG, LLC

May 18, 2018.
    This notice identifies the Federal Energy Regulatory Commission
staff's revised schedule for the completion of the environmental
assessment (EA) for National Grid LNG, LLC's (National Grid) Fields
Point Liquefaction Project. The original notice of schedule, issued on
September 15, 2017, identified March 30, 2018, as the EA issuance date.
Due to staff's request for supplemental engineering information that
was recently filed by National Grid, staff has revised the schedule for
issuance of the EA.

Schedule for Environmental Review

Issuance of EA--June 25, 2018
90-Day Federal Authorization Decision Deadline--September 23, 2018
    If a schedule change becomes necessary, additional notice will be
provided so that the relevant agencies are kept informed of the
project's progress.

Additional Information

    In order to receive notification of the issuance of the EA and to
keep track of all formal issuances and submittals in specific dockets,
the Commission offers a free service called eSubscription. This can
reduce the amount of time you spend researching proceedings by
automatically providing you with notification of these filings,
document summaries, and direct links to the documents. Go to
www.ferc.gov/docs-filing/esubscription.asp.
    Additional information about the project is available from the
Commission's Office of External Affairs at (866) 208-FERC or on the
FERC website (www.ferc.gov). Using the ``eLibrary'' link, select
``General Search'' from the eLibrary menu, enter the selected date
range and ``Docket Number'' excluding the last three digits (i.e.,
CP16-121), and follow the instructions. For assistance with access to
eLibrary, the helpline can be reached at<PHONE_NUMBER>, TTY (202) 502-
8659, or at [email protected]. The eLibrary link on the FERC
website also provides access to the texts of formal documents issued by
the Commission, such as orders, notices, and rule makings.

Kimberly D. Bose,
 Secretary.
[FR Doc. 2018-11177 Filed 5-23-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 172 (Thursday, September 3, 2020)]
[Rules and Regulations]
[Pages 54891-54893]
[FR Doc No: 2020-19402]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0338; Product Identifier 2020-NM-047-AD; Amendment
39-21224; AD 2020-18-03]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

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

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Airbus SAS Model A350-941 and -1041 airplanes. This AD was
prompted by the results of laboratory tests on non-rechargeable lithium
batteries installed in certain emergency locator transmitters (ELTs),
which highlighted a lack of protection against current injections of 28
volts direct current (DC) or 115 volts alternating current (AC) that
could lead to thermal runaway and a battery fire. This AD requires
modifying a certain ELT by installing a diode between the ELT and the
terminal block, as specified in a European Union Aviation Safety Agency
(EASA) AD, which is incorporated by reference. The FAA is issuing this
AD to address the unsafe condition on these products.

DATES: This AD is effective October 8, 2020.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of October 8,
2020.

ADDRESSES: For material incorporated by reference (IBR) in this AD,
contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 8999 000; email<EMAIL_ADDRESS>internet
www.easa.europa.eu. You may find this IBR material on the EASA website
at https://ad.easa.europa.eu. You may view this IBR material at the
FAA, Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>. It is also available in
the AD docket on the internet at https://www.regulations.gov by
searching for and locating Docket No. FAA-2020-0338.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0338; 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 final rule, any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Kathleen Arrigotti, Aerospace
Engineer, Large Aircraft Section, International Validation Branch, FAA,
2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-
3218; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0070, dated March 24, 2020
(``EASA AD 2020-0070'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for certain Airbus SAS Model A350-941 and -1041 airplanes.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Airbus SAS
Model A350-941 and -1041 airplanes. The NPRM published in the Federal
Register on April 27, 2020 (85 FR 23262). The NPRM was prompted by the
results of laboratory tests on non-rechargeable lithium batteries
installed in certain ELTs, which highlighted a lack of protection
against current injections of 28 volts DC or 115 volts AC that could
lead to thermal runaway and a battery fire. The NPRM proposed to
require modifying a certain ELT by installing a diode between the ELT
and the terminal block, as specified in an EASA AD.
    The FAA is issuing this AD to address local fires in non-
rechargeable lithium batteries installed in ELTs, which could result in
damage to the airplane and injury to occupants. See the MCAI for
additional background information.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. The following presents the comments
received on the NPRM and the FAA's response to each comment.

Request To Withdraw NPRM

    Delta Air Lines (DAL) noted that the NPRM was based on the failure
mode where a wire from the ELT is shorted to another wire carrying 28
volts DC or 115 volts AC causing voltage to be induced into the ELT's
battery, resulting in a battery fire. The commenter explained that on
Airbus Model A321 and A330 airplanes this failure mode could occur
because the wiring is characterized by four discrete wires run in
bundles with other discrete wires carrying 28 volts DC or 115 volts AC.
The commenter questioned whether the NPRM should be applicable to
Airbus Model A350 airplanes because these airplanes have a cable
assembly with its four wires inside an outer jacket and shielding,
which would therefore mitigate the unsafe condition addressed in the
NPRM.
    The FAA infers that the commenter is requesting that the NPRM be
withdrawn because of the unique configuration of certain airplanes,
including Airbus SAS Model A350-941 and -1041 airplanes. The FAA
disagrees with the commenter's request. EASA, the State of Design
Authority for these airplane models, conducted a risk assessment, and
concluded that the type design of the applicable airplanes are
susceptible to the current injection of 28 volts DC or 115 volts AC,
that is not limited to just wire chafing. Therefore, the FAA is
requiring the applicable corrective actions in this AD to mitigate the
risk of the thermal runaway and battery fire. The FAA has determined
that it is necessary to issue this final rule.

Request To Allow Any Color and Width of Tape

    DAL also requested that operators be allowed to use any color and
width of reinforced silicon tape instead of part number ASNA51072503,
to protect the wiring in the area where the diode is secured to the
harness. The commenter explained that part number ASNA51072503 is
specified in Airbus Service Bulletin A350-25-P152, dated January 10,
2020 (``Airbus Service Bulletin A350-25-P152''), and is for the 1-inch
orange tape under the ASNA5107 standard [which is an aerospace industry
standard for a silicone rubber tape]. The commenter requested approval
to use any color and width of tape meeting the specifications of the
broader ASNA5107 standard.
    The FAA partially agrees with the commenter's request. EASA AD
2020-0070 refers to Airbus Service Bulletin A350-25-P151, dated January
10, 2020 (``Airbus Service Bulletin A350-25-P151''), and Airbus Service
Bulletin

A350-25-P152, as the sources of service information for modifying the
affected ELTs. Although the commenter mentioned only Airbus Service
Bulletin A350-25-P152 in its comment, silicone tape having part number
ASNA51072503 is specified in both service bulletins. The FAA agrees
that operators can use any brightly colored tape because orange does
not have a specific safety function. The FAA disagrees that operators
can use any width of tape because the width could provide a safety
function. The FAA has added paragraph (h)(3) to this AD to specify that
operators may use any brightly colored 1-inch tape that meets the
criteria specified in the ASNA5107 standard.

Request To Allow an Alternative Continuity Check

    In addition, DAL requested and provided an option to replace Step
3.C.(g) specified in Airbus Service Bulletin A350-25-P152. The
commenter explained that Step 3.C.(g) in Airbus Service Bulletin A350-
25-P152 requires a continuity test of the modified wiring and provides
no specific steps for this test other than referencing Electrical
Standard Practices (ESP) section A350-A-20-52-21-00ZZZ-36AZ-A. The
commenter noted that although this ESP section does provide basic
continuity procedures, it fails to provide a procedure for a wire with
a diode installed.
    The FAA disagrees with the commenter's request. Based on the report
from EASA, the State of Design Authority for these airplane models, the
FAA has determined that the procedures described in Step 3.C.(g) of
Airbus Service Bulletin A350-25-P152 do include a continuity test that
considers an installed diode. Operators may, however, request
alternative methods of compliance to replace Step 3.C.(g) specified in
Airbus Service Bulletin A350-25-P152 by using the procedures described
in paragraph (i)(1) of this AD and demonstrating how this alternative
addresses the unsafe condition. The FAA has not changed this AD
regarding this issue.

Conclusion

    The FAA reviewed the relevant data, considered the comments
received, and determined that air safety and the public interest
require adopting this final rule with the changes described previously
and minor editorial changes. The FAA has determined that these minor
changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.
    The FAA also determined that these changes will not increase the
economic burden on any operator or increase the scope of this final
rule.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2020-0070 describes procedures for modifying a certain ELT
by installing a diode between the ELT and the terminal block. This
material 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.

Costs of Compliance

    The FAA estimates that this AD affects 7 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                           Labor cost                               Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
5 work-hours x $85 per hour = $425..............................            $400            $825          $5,775
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some or all of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected individuals. The FAA does not control warranty coverage for
affected individuals. As a result, the FAA has included all known costs
in the cost estimate.

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

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

2020-18-03 Airbus SAS: Amendment 39-21224; Docket No. FAA-2020-0338;
Product Identifier 2020-NM-047-AD.

(a) Effective Date

    This AD is effective October 8, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus SAS Model A350-941 and -1041
airplanes, certificated in any category, as identified in European
Union Aviation Safety Agency (EASA) AD 2020-0070, dated March 24,
2020 (``EASA AD 2020-0070'').

(d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/
Furnishings.

(e) Reason

    This AD was prompted by the results of laboratory tests on non-
rechargeable lithium batteries installed in certain emergency
locator transmitters (ELTs), which highlighted a lack of protection
against current injections of 28 volts direct current (DC) or 115
volts alternating current (AC) that could lead to thermal runaway
and a battery fire. The FAA is issuing this AD to address local
fires in non-rechargeable lithium batteries installed in ELTs, which
could result in damage to the airplane and injury to occupants.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2020-0070.

(h) Exceptions to EASA AD 2020-0070

    (1) Where EASA AD 2020-0070 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0070 does not apply
to this AD.
    (3) Where the service information specified in EASA AD 2020-0070
specifies to use tape having part number ASNA51072503, this AD
requires using any brightly colored 1-inch tape that meets the
criteria specified in the ASNA5107 standard.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation 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 Large Aircraft Section, International Validation
Branch, send it to the attention of the person identified in
paragraph (j) of this AD. Information may be emailed to<EMAIL_ADDRESS>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 instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Airbus
SAS's EASA Design Organization Approval (DOA). If approved by the
DOA, the approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): For any service information
referenced in EASA AD 2020-0070 that contains RC procedures and
tests: Except as required by paragraph (i)(2) of this AD, RC
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.

(j) Related Information

    For more information about this AD, contact Kathleen Arrigotti,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2020-0070,
dated March 24, 2020.
    (ii) [Reserved]
    (3) For information about EASA AD 2020-0070, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email<EMAIL_ADDRESS>internet www.easa.europa.eu. You
may find this EASA AD on the EASA website at https://ad.easa.europa.eu.
    (4) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>. This material may be found in the AD
docket on the internet at https://www.regulations.gov by searching
for and locating Docket No. FAA-2020-0.
    (5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on August 19, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020-19402 Filed 9-2-20; 8:45 am]
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