[Federal Register Volume 86, Number 70 (Wednesday, April 14, 2021)]
[Rules and Regulations]
[Pages 19580-19582]
[FR Doc No: 2021-07663]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2021-0003; Internal Agency Docket No. FEMA-8675]

Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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SUMMARY: This rule identifies communities where the sale of flood
insurance has been authorized under the National Flood Insurance
Program (NFIP) that are scheduled for suspension on the effective dates
listed within this rule because of noncompliance with the floodplain
management requirements of the program. If the Federal Emergency
Management Agency (FEMA) receives documentation that the community has
adopted the required floodplain management measures prior to the
effective suspension date given in this rule, the suspension will not
occur. Information identifying the current participation status of a
community can be obtained from FEMA's CSB available at www.fema.gov/flood-insurance/work-with-nfip/community-status-book. Please note that
per Revisions to Publication Requirements for Community Eligibility
Status Information Under the National Flood Insurance Program, notices
such as this one for scheduled suspension will no longer be published
in the Federal Register as of June 2021 but will be available at
National Flood Insurance Community Status and Public Notification
[bond] FEMA.gov. Individuals without internet access will be able to
contact their local floodplain management official and/or State NFIP
Coordinating Office directly for assistance.

DATES: The effective date of each community's scheduled suspension is
the third date (``Susp.'') listed in the third column of the following
tables.

FOR FURTHER INFORMATION CONTACT: If you want to determine whether a
particular community was suspended on the suspension date or for
further information, contact Adrienne L. Sheldon, PE, CFM, Federal
Insurance and Mitigation Administration, Federal Emergency Management
Agency, 400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>. Details
regarding updated publication requirements of community eligibility
status information under the NFIP can be found on the CSB section at
www.fema.gov.

SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase
Federal flood insurance that is not otherwise generally available from
private insurers. In return, communities agree to adopt and administer
local floodplain management measures aimed at protecting lives, new and
substantially improved construction, and development in general from
future flooding. Section 1315 of the National Flood Insurance Act of
1968, as amended, 42 U.S.C. 4022, prohibits the sale of NFIP flood
insurance unless an appropriate public body adopts adequate floodplain
management measures with effective enforcement measures. The
communities listed in this document no longer meet that statutory
requirement for compliance with NFIP regulations, 44 CFR part 59.
Accordingly, the communities will be suspended on the effective date
listed in the third column. As of that date, flood

insurance will no longer be available in the community. FEMA recognizes
communities may adopt and submit the required documentation after this
rule is published but prior to the actual suspension date. These
communities will not be suspended and will continue to be eligible for
the sale of NFIP flood insurance. Their current NFIP participation
status can be verified at anytime on the CSB section at fema.gov.
    In addition, FEMA publishes a Flood Insurance Rate Map (FIRM) that
identifies the Special Flood Hazard Areas (SFHAs) in these communities.
The date of the published FIRM is indicated in the fourth column of the
table. No direct federal financial assistance (except assistance
pursuant to the Robert T. Stafford Disaster Relief and Emergency
Assistance Act not in connection with a flood) may be provided for
construction or acquisition of buildings in identified SFHAs for
communities not participating in the NFIP and identified for more than
a year on FEMA's initial FIRM for the community as having flood-prone
areas (section 202(a) of the Flood Disaster Protection Act of 1973, 42
U.S.C. 4106(a), as amended). This prohibition against certain types of
federal assistance becomes effective for the communities listed on the
date shown in the last column. The Administrator finds that notice and
public comment procedures under 5 U.S.C. 553(b), are impracticable and
unnecessary because communities listed in this final rule have been
adequately notified.
    Each community receives 6-month, 90-day, and 30-day notification
letters addressed to the Chief Executive Officer stating that the
community will be suspended unless the required floodplain management
measures are met prior to the effective suspension date. Since these
notifications were made, this final rule may take effect within less
than 30 days.
    National Environmental Policy Act. FEMA has determined that the
community suspension(s) included in this rule is a non-discretionary
action and therefore the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) does not apply.
    Regulatory Flexibility Act. The Administrator has determined that
this rule is exempt from the requirements of the Regulatory Flexibility
Act because the National Flood Insurance Act of 1968, as amended,
Section 1315, 42 U.S.C. 4022, prohibits flood insurance coverage unless
an appropriate public body adopts adequate floodplain management
measures with effective enforcement measures. The communities listed no
longer comply with the statutory requirements, and after the effective
date, flood insurance will no longer be available in the communities
unless remedial action takes place.
    Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This rule involves no policies
that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This rule meets the
applicable standards of Executive Order 12988.
    Paperwork Reduction Act. This rule does not involve any collection
of information for purposes of the Paperwork Reduction Act, 44 U.S.C.
3501 et seq.

List of Subjects in 44 CFR Part 64

    Flood insurance, Floodplains.

    Accordingly, 44 CFR part 64 is amended as follows:

PART 64--[AMENDED]

0
1. The authority citation for Part 64 continues to read as follows:

    Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp.; p. 376.

Sec.  64.6  [Amended]

0
2. The tables published under the authority of Sec.  64.6 are amended
as follows:

----------------------------------------------------------------------------------------------------------------
                                                Effective date
                                                authorization/
                                  Community     cancellation of    Current effective map   Date certain Federal
      State and location             No.         sale of flood             date            assistance no longer
                                                 insurance in                               available in SFHAs
                                                   community
----------------------------------------------------------------------------------------------------------------
           Region 9

California:
    Carson, City of, Los              060107  November 26, 1974,  April 21, 2021........  April 21, 2021.
     Angeles County.                           Emerg; September
                                               29, 1978, Reg;
                                               April 21, 2021,
                                               Susp.
    Culver City, City of, Los         060114  July 11, 1975,      ......do *............   do.
     Angeles County.                           Emerg; February
                                               1, 1980, Reg;
                                               April 21, 2021,
                                               Susp.
    Los Angeles, City of, Los         060137  June 19, 1970,      ......do..............   do.
     Angeles County.                           Emerg; December
                                               2, 1980, Reg;
                                               April 21, 2021,
                                               Susp.
    Manhattan Beach, City of,         060138  March 6, 1975,      ......do..............   do.
     Los Angeles County.                       Emerg; May 8,
                                               1978, Reg; April
                                               21, 2021, Susp.
    Palos Verdes Estates, City        060145  January 29, 1971,   ......do..............   do.
     of, Los Angeles County.                   Emerg; September
                                               7, 1984, Reg;
                                               April 21, 2021,
                                               Susp.
    Rancho Palos Verdes, City         060464  August 26, 1974,    ......do..............   do.
     of, Los Angeles County.                   Emerg; September
                                               7, 1984, Reg;
                                               April 21, 2021,
                                               Susp.
    Santa Monica, City of, Los        060159  September 8, 1975,  ......do..............   do.
     Angeles County.                           Emerg; April 30,
                                               1982, Reg; April
                                               21, 2021, Susp.
----------------------------------------------------------------------------------------------------------------
* do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.

Eric J. Letvin,
Deputy Assistant Administrator for Mitigation, Federal Insurance and
Mitigation Administration--FEMA Resilience, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2021-07663 Filed 4-13-21; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 77, Number 16 (Wednesday, January 25, 2012)]
[Notices]
[Page 3759]
[FR Doc No: 2012-1425]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 2

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER12-21-002.
    Applicants: Agua Caliente Solar, LLC.
    Description: Clarification of Notice of Change in Status for Agua
Caliente.
    Filed Date: 1/13/12.
    Accession Number: 20120113-5365.
    Comments Due: 5 p.m. ET 1/27/12.

    Docket Numbers: ER12-33-001.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits tariff filing per 35: 01-17-12 Schedule 10-G Compliance Filing
to be effective 12/31/2011.
    Filed Date: 1/17/12.
    Accession Number: 20120117-5011.
    Comments Due: 5 p.m. ET 2/7/12.

    Docket Numbers: ER12-101-001.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits tariff filing per 35: C004-P11 FCA Compliance (1-17-12) to be
effective 10/18/2011.
    Filed Date: 1/17/12.
    Accession Number: 20120117-5118.
    Comments Due: 5 p.m. ET 2/7/12.

    Docket Numbers: ER12-109-000.
    Applicants: Arizona Public Service Company.
    Description: Arizona Public Service Company submits tariff filing
per 35.19a(b): Refund Calculations--NTUA, Dry Lake Wind, Dry Lake Wind
II and Glendale Energy to be effective N/A.
    Filed Date: 1/17/12.
    Accession Number: 20120117-5143.
    Comments Due: 5 p.m. ET 2/7/12.

    Docket Numbers: ER12-110-000.
    Applicants: Arizona Public Service Company.
    Description: Arizona Public Service Company submits tariff filing
per 35.19a(b): Refund for Rate Schedule 255 with Luke Air Force Base to
be effective N/A.
    Filed Date: 1/17/12.
    Accession Number: 20120117-5142.
    Comments Due: 5 p.m. ET 2/7/12.

    Docket Numbers: ER12-281-001.
    Applicants: Northampton Generating Company, L.P.
    Description: Northampton Generating Company, L.P. submits tariff
filing per 35: Northampton First Revised MBR Tariff to be effective 1/
18/2012.
    Filed Date: 1/17/12.
    Accession Number: 20120117-5186.
    Comments Due: 5 p.m. ET 2/7/12.

    Docket Numbers: ER12-372-000.
    Applicants: ITC Midwest LLC.
    Description: ITC Midwest LLC submits tariff filing per 35.19a(b):
Filing of Refund Report to be effective N/A.
    Filed Date: 1/17/12.
    Accession Number: 20120117-5159.
    Comments Due: 5 p.m. ET 2/7/12.

    Docket Numbers: ER12-815-000.
    Applicants: Duke Energy Vermillion II, LLC.
    Description: Duke Energy Vermillion II, LLC submits tariff filing
per 35.15: Cancellation of Tariff Database to be effective 1/17/2012.
    Filed Date: 1/17/12.
    Accession Number: 20120117-5012.
    Comments Due: 5 p.m. ET 2/7/12.

    Docket Numbers: ER12-816-000.
    Applicants: PJM Interconnection, L.L.C., American Electric Power
Service Corporation.
    Description: PJM Interconnection, L.L.C. submits tariff filing per
35.13(a)(2)(iii: AEPSC submits 30th Revised SA No. 1336 among AEPSC &
Buckeye to be effective 1/18/2012.
    Filed Date: 1/17/12.
    Accession Number: 20120117-5198.
    Comments Due: 5 p.m. ET 2/7/12.

    Take notice that the Commission received the following public
utility holding company filings:
    Docket Numbers: PH12-6-000.
    Applicants: IIF US Holding 2 GP, LLC.
    Description: Notification of Material Change in Facts and Update of
FERC 65-A Notification of Exemption of IIF US Holding 2 GP, LLC.
    Filed Date: 1/17/12.
    Accession Number: 20120117-5099.
    Comments Due: 5 p.m. ET 2/7/12.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: January 17, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-1425 Filed 1-24-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 171 (Thursday, September 4, 2014)]
[Rules and Regulations]
[Pages 52561-52563]
[FR Doc No: 2014-21036]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2014-0600]
RIN 1625-AA00

Safety Zone; San Diego Tri-Rock Triathlon; San Diego Bay, San
Diego, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone within
the navigable waters of San Diego Bay in San Diego, CA in support of
the San Diego Tri-Rock Triathlon. This safety zone is necessary to
provide for the safety of the swimmers, crew, spectators, participating
vessels, and other vessels and users of the waterway. Persons and
vessels are prohibited from entering into, transiting through, or
anchoring within this safety zone unless authorized by the Captain of
the Port, or his designated representative.

DATES: This rule is effective from 6:30 a.m. to 10:30 a.m. on September
21, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0600]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Giacomo Terrizzi, Waterways Management,
U.S. Coast Guard Sector San Diego, Coast Guard; telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>If you have questions on
viewing or submitting material to the docket, call Cheryl Collins,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because an NPRM would be impracticable. The
San Diego TriRock Triathlon event occurs annually in San Diego Bay off
the East Basin of Embarcadero Park South in San Diego, CA. This annual
marine event is listed in Table 1 to 33 CFR 100.1101, item 11. In that
regulation, the event's date is listed as a ``Saturday in September.''
The Coast Guard is issuing this rule without prior notice because the
Coast Guard did not learn until

recently that the event will not be held on a Saturday in September but
will be held on Sunday, September 21, 2014. When this information came
to light, the Coast Guard did not have enough time to draft, publish,
and receive public comment on an NPRM. As such, the event would occur
before the rulemaking process was complete. Immediate action is needed
to help protect the safety of the swimmers, crew, spectators, and
participating vessels from other vessels during this one day event.
    Under 5 U.S.C. 553(d)(3), for the same reasons mentioned above, the
Coast Guard finds that good cause exists for making this rule effective
less than 30 days after publication in the Federal Register. Any delay
in the effective date of this rule would be contrary to the public
interest, because immediate action is necessary to protect the safety
of the swimmers from the dangers associated with other vessels
transiting this area while the race occurs.

B. Basis and Purpose

    The legal basis and authorities for this rule are found in 33
U.S.C. 1231, 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295, 116 Stat. 2064;
and Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to propose, establish, and
define regulatory safety zones. Competitor Group, Inc is sponsoring the
San Diego Tri-Rock Triathlon, which will involve 1800 swimmers. The
safety zone will encompass the navigable waters adjacent to South
Embarcadero Park. This temporary safety zone is necessary to provide
for the safety of the swimmers, crew, spectators, sponsor vessels,
other vessels, and users of the waterway.

C. Discussion of the Final Rule

    The Coast Guard is establishing a safety zone that will be enforced
from 6:30 a.m. to 10:30 a.m. on September 21, 2014. The limits of the
safety zone will encompass the navigable waters adjacent to South
Embarcadero Park within the following positions:
32[deg]42'14.4'' N, 117[deg]10'01.2'' W
32[deg]42'17.4'' N, 117[deg]09'58.8'' W
32[deg]42'00.9'' N, 117[deg]09'42.6'' W
32[deg]42'02.9'' N, 117[deg]09'40.6'' W
    The safety zone is necessary to provide for the safety of the
swimmers, crew, spectators, and other vessels and users of the
waterway. Persons and vessels will be prohibited from entering into,
transiting through, or anchoring within this safety zone unless
authorized by the Captain of the Port, or his designated
representative. Before the effective period, the Coast Guard will
publish a local notice to mariners (LNM).

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. We expect the economic
impact of this rule to be so minimal that a full Regulatory Evaluation
is unnecessary. This determination is based on the size, location, and
the limited duration of the safety zone.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities. This rule will affect the following entities, some of
which may be small entities: The owners or operators of vessels
intending to transit or anchor in the impacted portion of San Diego Bay
from 6:30 a.m. to 10:30 a.m. on September 21, 2014.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons. The
safety zone would only apply to a small area of San Diego Bay, located
off of south Embarcadero Park south. Also traffic would be allowed to
pass through the zone with the permission of the Captain of the Port,
or his designated representative. Before the effective period, the
Coast Guard will publish a Local Notice to Mariners.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

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

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a

State, local, or tribal government, in the aggregate, or by the private
sector of $100,000,000 or more in any one year. Though this rule will
not result in such an expenditure, we do discuss the effects of this
rule elsewhere in this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

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

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves establishment of a safety zone on the
navigable waters of San Diego Bay. This rule is categorically excluded
from further review under paragraph 34(g) of Figure 2-1 of the
Commandant Instruction. An environmental analysis checklist supporting
this determination and a Categorical Exclusion Determination are
available in the docket where indicated under ADDRESSES. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this rule.

List of Subjects in 33 CFR Part 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: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.

0
2. Add Sec.  165.T11-653 to read as follows:

Sec.  165.T11-653  Safety zone; San Diego Tri-Rock Triathlon; San Diego
Bay, San Diego, CA.

    (a) Location. The limits of the safety zone will encompass the
navigable waters adjacent to South Embarcadero Park within the
following positions:

32[deg]42'14.4'' N, 117[deg]10'01.2'' W
32[deg]42'17.4'' N, 117[deg]09'58.8'' W
32[deg]42'00.9'' N, 117[deg]09'42.6'' W
32[deg]42'02.9'' N, 117[deg]09'40.6'' W

    (b) Enforcement Period. This safety zone will be enforced on
September 21, 2014 from 6:30 a.m. to 10:30 a.m.
    (c) Definitions. The following definition applies to this section:
Designated representative, means any commissioned, warrant, or petty
officer of the Coast Guard on board Coast Guard, Coast Guard Auxiliary,
or local, state, and federal law enforcement vessels who have been
authorized to act on the behalf of the Captain of the Port.
    (d) Regulations. (1) Entry into, transit through or anchoring
within this safety zone is prohibited unless authorized by the Captain
of the Port of San Diego or his designated representative.
    (2) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or his designated representative.
    (3) Upon being hailed by U.S. Coast Guard or designated patrol
personnel by siren, radio, flashing light or other means, the operator
of a vessel shall proceed as directed.
    (4) The Coast Guard may be assisted by other federal, state, or
local agencies.

    Dated: August 18, 2014.
J.S. Spaner,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2014-21036 Filed 9-3-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 86, Number 216 (Friday, November 12, 2021)]
[Notices]
[Pages 62868-62870]
[FR Doc No: 2021-24625]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2021-0159]

Qualification of Drivers; Exemption Applications; Implantable
Cardioverter Defibrillators (ICDs)

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

ACTION: Notice of applications for exemption; request for comments.

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SUMMARY: FMCSA announces receipt of applications from five individuals
for an exemption from the prohibition in the Federal Motor Carrier
Safety Regulations (FMCSRs) against operation of a commercial motor
vehicle (CMV) by persons with a current clinical diagnosis of
myocardial infarction, angina pectoris, coronary insufficiency,

thrombosis, or any other cardiovascular disease of a variety known to
be accompanied by syncope (transient loss of consciousness), dyspnea
(shortness of breath), collapse, or congestive heart failure. If
granted, the exemptions would enable these individuals with ICDs to
operate CMVs in interstate commerce.

DATES: Comments must be received on or before December 13, 2021.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket ID FMCSA-2021-0159 using any of the
following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov/,
insert the docket number, FMCSA-2021-0159, in the keyword box, and
click ``Search.'' Next, sort the results by ``Posted (Newer-Older),''
choose the first notice listed, and click on the ``Comment'' button.
Follow the online instructions for submitting comments.
     Mail: Dockets Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
ET, Monday through Friday, except Federal Holidays.
     Fax:<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER>, [email protected], FMCSA,
DOT, 1200 New Jersey Avenue SE, Room W64-224, Washington, DC 20590-
0001. Office hours are from 8:30 a.m. to 5 p.m., ET, Monday through
Friday, except Federal holidays. If you have questions regarding
viewing or submitting material to the docket, contact Dockets
Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2021-0159), indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so that FMCSA can contact you if there are questions
regarding your submission.
    To submit your comment online, go to www.regulations.gov, insert
the docket number FMCSA-2021-0159 in the keyword box, and click
``Search.'' Next, sort the results by ``Posted (Newer-Older),'' choose
the first notice listed, click the ``Comment'' button, and type your
comment into the text box on the following screen. Choose whether you
are submitting your comment as an individual or on behalf of a third
party and then submit.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the
comment period.

B. Viewing Comments

    To view comments go to www.regulations.gov. Insert the docket
number, FMCSA-2021-0159, in the keyword box, and click ``Search.''
Next, sort the results by ``Posted (Newer-Older),'' choose the first
notice listed, and click ``Browse Comments.'' If you do not have access
to the internet, you may view the docket online by visiting Dockets
Operations in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, between
9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays.
To be sure someone is there to help you, please call<PHONE_NUMBER> or
(202) 366-9826 before visiting Dockets Operations.

C. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its regulatory process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.transportation.gov/privacy.

II. Background

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-year period if it finds such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption. The statute also allows the Agency to renew exemptions at
the end of the 5-year period. FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
    The five individuals listed in this notice have requested an
exemption from 49 CFR 391.41(b)(4). Accordingly, the Agency will
evaluate the qualifications of each applicant to determine whether
granting the exemption will achieve the required level of safety
mandated by statute.
    The physical qualification standard found in Sec.  391.41(b)(4)
states that a person is physically qualified to drive a CMV if that
person has no current clinical diagnosis of myocardial infarction,
angina pectoris, coronary insufficiency, thrombosis, or any other
cardiovascular disease of a variety known to be accompanied by syncope,
dyspnea, collapse, or congestive cardiac failure.
    In addition to the regulations, FMCSA has published advisory
criteria \1\ to assist medical examiners in determining whether drivers
with certain medical conditions are qualified to operate a CMV in
interstate commerce. The advisory criteria states that ICDs are
disqualifying due to risk of syncope.
---------------------------------------------------------------------------

    \1\ These criteria may be found in 49 CFR part 391, Appendix A
to Part 391--Medical Advisory Criteria, Section D. Cardiovascular:
Sec.  391.41(b)(4), paragraph 4, which is available on the internet
at https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
---------------------------------------------------------------------------

III. Qualifications of Applicants

Rosie A. Byrd

    Ms. Byrd is a CMV driver with a CDL in Kansas seeking to transfer
her CDL to Texas. An August 26, 2021, letter from Ms. Byrd's
cardiologist reports that she has never been symptomatic from her
underlying heart condition. Ms. Byrd's cardiologist's letter states
that her ICD was implanted in October of 2019, has not discharged since
implantation, and that she is stable with no clinical events related to
the heart condition.

Thomas Jacobs

    Mr. Jacobs is a CMV driver in New York. An August 31, 2021 letter
from Mr. Jacob's cardiologist reports that his ICD was implanted in
October of 2018. Mr. Jacobs' cardiologist's letter states that there
have been no displays of

tachycardia pacing or shocks in the 3 years since implantation, and
that the status of his underlying heart condition is stable, his
echocardiogram is unchanged, and he has a left ventricular ejection
function of 35 percent.

Lee Latin

    Mr. Latin is a CMV driver in North Carolina. An October 12, 2021
letter from his cardiologist's office reports that his biventricular
device was implanted in 2012. His last ejection fraction in 2018 was
``mildly reduced'' at 45 to 55 percent. He has experienced one
inappropriate shock for sinus tachycardia in 2017. He had a generator
replacement in 2019, is stable, and has not experienced any ICD
therapies since September of 2021.

Wayne Pimpare

    Mr. Pimpare is a CMV driver in Maine. A May 6, 2021 letter from Mr.
Pimpare's cardiologist reports that his ICD was initially implanted in
2012 and was replaced in 2020. Mr. Pimpare's letter from his
cardiologist states that his ICD has never discharged, that he has no
symptoms related to his ICD, and that his underlying cardiac condition
is stable.

Bradley Plunket

    Mr. Plunket is a CMV driver in Illinois. A July 27, 2021 letter
from Mr. Plunket's cardiologist reports that his ICD was implanted in
January of 2017. Mr. Plunket's cardiologist's letter states that as of
April 2021 Mr. Plunket reports no complaints and no ICD shocks, and
that he is scheduled for routine follow-ups every 3 months.

IV. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315(b), FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments received before
the close of business on the closing date indicated under the DATES
section of the notice.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021-24625 Filed 11-10-21; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 84, Number 223 (Tuesday, November 19, 2019)]
[Proposed Rules]
[Pages 63820-63822]
[FR Doc No: 2019-24786]

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

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0683; Product Identifier 2015-NE-02-AD]
RIN 2120-AA64

Airworthiness Directives; General Electric Company Turbofan
Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2017-09-06, which applies to all General Electric Company (GE) GEnx-1B
and GEnx-2B model turbofan engines. AD 2017-09-06 requires updating
electronic engine control (EEC) full authority digital electronic
control (FADEC) software and replacing a certain fan hub frame assembly
part installed on GEnx-2B turbofan engines. Since the FAA issued AD
2017-09-06, GE has developed a design change to remove the unsafe
condition. This proposed AD would require removal from service of
certain EEC FADEC software on GEnx-1B and GEnx-2B model turbofan
engines and would also require replacing the affected fan hub frame
assembly booster outlet guide vanes. The FAA is proposing this AD to
address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by January 3,
2020.

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 https://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 General
Electric Company, GE Aviation, Room 285, 1 Neumann Way, Cincinnati, OH
45215; phone:<PHONE_NUMBER>; email<EMAIL_ADDRESS>You may view this
service information at the FAA, Engine and Propeller Standards Branch,
1200 District Avenue, Burlington, MA 01803. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

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-2019-
0683; 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 is listed above.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Herman Mak, Aerospace Engineer, ECO
Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 781-
238-7147; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2019-0683;
Product Identifier 2015-NE-02-AD'' at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this NPRM. The FAA will
consider all comments received by the closing date and may amend this
NPRM because of those comments.
    The FAA will post all comments received, without change, to https://www.regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact received about this proposed AD.

Discussion

    The FAA issued AD 2017-09-06, Amendment 39-18868 (82 FR 21111, May
5, 2017), (``AD 2017-09-06''), for all GE GEnx-1B and GEnx-2B model
turbofan engines. AD 2017-09-06 requires replacing certain EEC FADEC
software with versions eligible for installation. AD 2017-09-06 also
requires removing from service certain GE GEnx-2B67, -2B67B, and -2B67/
P fan hub stator assembly booster outlet guide vanes. AD 2017-09-06
resulted from reports of GEnx-1B and GEnx-2B model turbofan engines
experiencing power loss in ice crystal icing (ICI) conditions. The FAA
issued AD 2017-09-06 to prevent engine failure, loss of thrust control,
and damage to the airplane.

Actions Since AD 2017-09-06 Was Issued

    Since the FAA issued AD 2017-09-06, the FAA learned that the
required actions in that AD do not adequately address the unsafe
condition. Engine rollback still occurs as ICI mitigation software
installed as required by AD 2017-09-06 does not activate during the
climb phase of airplane flight. In response, GE developed revised
software that will activate while the airplane is climbing. This AD
requires removing from service certain EEC FADEC software.

Related Service Information

    The FAA reviewed GE GEnx-1B Service Bulletin (SB) 73-0082 R00,
dated July 9, 2019, and GE GEnx-2B SB 73-0077 R00, dated October 29,
2018. The service information describes procedures for installation of
new EEC FADEC software on GEnx-1B and GEnx-2B model turbofan engines.
The FAA also reviewed GE GEnx-2B SB 72-0241 R00, dated March 16, 2016.
The service information describes removal and installation procedures
for the fan hub stator assembly booster outlet guide vane.

FAA's Determination

    The FAA is proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would retain certain requirements of AD 2017-09-
06. This proposed AD would continue to require replacement of certain
fan hub stator assembly booster outlet guide vanes installed on GE
GEnx-2B67, -2B67B, and -2B67/P engines. This proposed AD would also
require removing from service certain EEC FADEC software versions
installed on GE GEnx-1B and GEnx-2B model turbofan engines.

Costs of Compliance

    The FAA estimates that this proposed AD affects 110 engines
installed on airplanes of U.S. registry. The FAA estimates that 15
engines will require replacement of the fan hub stator assembly booster
outlet guide vanes.
    The FAA estimates the following costs to comply with this proposed
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
               Action                         Labor cost            Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Remove EEC software................  1 work-hour x $85 per hour               $0             $85          $9,350
                                      = $85.
Replace fan hub stator assembly      60 work-hours x $85 per             387,800         392,900       5,893,500
 booster outlet guide vanes.          hour = $5,100.
----------------------------------------------------------------------------------------------------------------

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.
    This 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 engines, propellers, and associated appliances to the Manager,
Engine and Propeller Standards Branch, Policy and Innovation Division.

Regulatory Findings

    The FAA has 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 that the proposed
regulation:
    (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.

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 removing Airworthiness Directive (AD)
2017-09-06, Amendment 39-18868 (82 FR 21111, May 5, 2017), and adding
the following new AD:

General Electric Company: Docket No. FAA-2019-0683; Product
Identifier 2015-NE-02-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by January 3,
2020.

(b) Affected ADs

    This AD replaces AD 2017-09-06, Amendment 39-18868 (82 FR 21111,
May 5, 2017).

(c) Applicability

    This AD applies to all General Electric Company (GE) GEnx-1B and
GEnx-2B model turbofan engines.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7600, Engine
Controls.

(e) Unsafe Condition

    This AD was prompted by reports of GEnx-1B and GEnx-2B model
turbofan engines experiencing power loss in ice crystal icing
conditions. The FAA is issuing this AD to prevent engine failure.
The unsafe condition, if not addressed, could result in loss of
thrust control and damage to the airplane.

(f) Compliance

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

(g) Required Actions

    (1) Within 120 days after the effective date of this AD, for GE
GEnx-1B model turbofan engines, remove electronic engine control
(EEC) full authority digital engine control (FADEC) software,
version B195 or earlier, from the engine and from service.
    (2) Within 120 days after the effective date of this AD, for GE
GEnx-2B model turbofan engines, remove EEC FADEC software, version
C085 or earlier, from the engine and from service.
    (3) At the next engine shop visit after June 9, 2017 (the
effective date of AD 2017-09-06), or before further flight,
whichever occurs later, remove from service all GE GEnx-2B67, -
2B67B, and -2B67/P fan hub stator assembly booster outlet guide
vanes, part number B1316-00720, and replace with a part eligible for
installation.

(h) Definition

    For the purpose of this AD, an ``engine shop visit'' is the
induction of an engine into the shop for maintenance involving the
separation of pairs of major mating engine case flanges, except for
the following which do not constitute an engine shop visit:
    (1) Separation of engine flanges solely for the purposes of
transportation without subsequent maintenance does not constitute an
engine shop visit.
    (2) Separation of engine flanges solely for the purpose of
replacing the fan or propulsor without subsequent maintenance does
not constitute an engine shop visit.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, ECO 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 the attention of the person
identified in paragraph (j)(1) of this AD. You may email your
request to<EMAIL_ADDRESS>    (2) 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.

(j) Related Information

    (1) For more information about this AD, contact Herman Mak,
Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue,
Burlington, MA 01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
General Electric Company, GE Aviation, Room 285, 1 Neumann Way,
Cincinnati, OH 45215; phone:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
You may view this referenced service information at the FAA, Engine
and Propeller Standards Branch, 1200 District Avenue, Burlington, MA
01803. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>.

    Issued in Burlington, Massachusetts, on November 12, 2019.
Robert J. Ganley,
Manager, Engine and Propeller Standards Branch, Aircraft Certification
Service.
[FR Doc. 2019-24786 Filed 11-18-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 216 (Thursday, November 9, 2023)]
[Rules and Regulations]
[Pages 77196-77198]
[FR Doc No: 2023-24660]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 31515; Amdt. No. 4086]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This rule amends, suspends, or removes Standard Instrument
Approach Procedures (SIAPs) and associated Takeoff Minimums and
Obstacle Departure Procedures for operations at certain airports. These
regulatory actions are needed because of the adoption of new or revised
criteria, or because of changes occurring in the National Airspace
System, such as the commissioning of new navigational facilities,
adding new obstacles, or changing air traffic requirements. These
changes are designed to provide for the safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective November 9, 2023. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of November 9, 2023.

ADDRESSES: Availability of matter incorporated by reference in the
amendment is as follows:

For Examination

    1. U.S. Department of Transportation, Docket Ops-M30, 1200 New
Jersey Avenue SE, West Bldg., Ground Floor, Washington, DC 20590-0001;
    2. The FAA Air Traffic Organization Service Area in which the
affected airport is located;
    3. The office of Aeronautical Information Services, 6500 South
MacArthur Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA).
    For information on the availability of this material at NARA, email
[email protected] or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free
of charge. Visit the National Flight Data Center online at nfdc.faa.gov
to register. Additionally, individual SIAP and Takeoff Minimums and ODP
copies may be obtained from the FAA Air Traffic Organization Service
Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT: Thomas J. Nichols, Flight Procedures
and Airspace Group, Flight Technologies and Procedures Division, Flight
Standards Service, Federal Aviation Administration. Mailing Address:
FAA Mike Monroney Aeronautical Center, Flight Procedures and Airspace
Group, 6500 South MacArthur Blvd., STB Annex, Bldg. 26, Room 217,
Oklahoma City, OK 73099. Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends 14 CFR part 97 by amending
the referenced SIAPs. The complete regulatory description of each SIAP
is listed on the appropriate FAA Form 8260, as modified by the National
Flight Data Center (NFDC)/Permanent Notice to Airmen (P-NOTAM), and is
incorporated by reference under 5 U.S.C. 552(a), 1 CFR part 51, and 14
CFR 97.20. The large number of SIAPs, their complex nature, and the
need for a special format make their verbatim publication in the
Federal Register expensive and impractical. Further, airmen do not use
the regulatory text of the SIAPs, but refer to their graphic depiction
on charts printed by publishers of aeronautical materials. Thus, the
advantages of incorporation by reference are realized and publication
of the complete description of each SIAP contained on FAA form
documents is unnecessary. This amendment provides the affected CFR
sections, and specifies the SIAPs and Takeoff Minimums and ODPs with
their applicable effective dates. This amendment also identifies the
airport and its location, the procedure and the amendment number.

Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as
listed in the ADDRESSES section.
    The material incorporated by reference describes SIAPs, Takeoff
Minimums and ODPs as identified in the amendatory language for part 97
of this final rule.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP and Takeoff Minimums and ODP as amended in the
transmittal. For safety and timeliness of change considerations, this
amendment incorporates only specific changes contained for each SIAP
and Takeoff Minimums and ODP as modified by FDC permanent NOTAMs.
    The SIAPs and Takeoff Minimums and ODPs, as modified by FDC
permanent NOTAM, and contained in this amendment are based on criteria
contained in the U.S. Standard for Terminal Instrument Procedures
(TERPS). In developing these changes to SIAPs and Takeoff Minimums and
ODPs, the TERPS criteria were applied only to specific conditions
existing at the affected airports. All SIAP amendments in this rule
have been previously issued by the FAA in a FDC NOTAM as an emergency
action of immediate flight safety relating directly to published
aeronautical charts.
    The circumstances that created the need for these SIAP and Takeoff
Minimums and ODP amendments require making them effective in less than
30 days.
    Because of the close and immediate relationship between these
SIAPs, Takeoff Minimums and ODPs, and safety in air commerce, I find
that notice and public procedure under 5 U.S.C. 553(b) are
impracticable and contrary to the public interest and, where
applicable, under 5 U.S.C. 553(d), good cause exists for making these
SIAPs effective in less than 30 days.
    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.
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. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference,
Navigation (Air).

    Issued in Washington, DC, on October 27, 2023.
Thomas J. Nichols,
Aviation Safety, Flight Standards Service, Manager, Standards Section,
Flight Procedures & Airspace Group, Flight Technologies & Procedures
Division.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, 14 CFR part
97 is amended by amending Standard Instrument Approach Procedures and
Takeoff Minimums and ODPs, effective at 0901 UTC on the dates
specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40103, 40106, 40113,
40114, 40120, 44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:
    By amending: Sec.  97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec.  97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; Sec.
97.27 NDB, NDB/DME; Sec.  97.29 ILS, ILS/DME, MLS, MLS/DME, MLS/RNAV;
Sec.  97.31 RADAR SIAPs; Sec.  97.33 RNAV SIAPs; and Sec.  97.35 COPTER
SIAPs, Identified as follows:

* * * Effective Upon Publication

----------------------------------------------------------------------------------------------------------------
     AIRAC date        State            City           Airport name      FDC No.      FDC date    Procedure name
----------------------------------------------------------------------------------------------------------------
30-Nov-23..........  TX         Jasper.............  Jasper County/         3/0837      10/2/23  RNAV (GPS) RWY
                                                      Bell Fld.                                   18, Orig-A.
30-Nov-23..........  TX         Jasper.............  Jasper County/         3/0838      10/2/23  RNAV (GPS) RWY
                                                      Bell Fld.                                   36, Orig-C.

30-Nov-23..........  CT         Bridgeport.........  Bridgeport/            3/3119     10/11/23  ILS OR LOC RWY
                                                      Sikorsky.                                   6, Amdt 10B.
30-Nov-23..........  CT         Bridgeport.........  Bridgeport/            3/3122     10/11/23  RNAV (GPS) RWY
                                                      Sikorsky.                                   29, Amdt 2B.
30-Nov-23..........  CT         Bridgeport.........  Bridgeport/            3/3123     10/11/23  RNAV (GPS) RWY
                                                      Sikorsky.                                   24, Amdt 1B.
30-Nov-23..........  CT         Bridgeport.........  Bridgeport/            3/3125     10/11/23  RNAV (GPS) RWY
                                                      Sikorsky.                                   6, Amdt 1B.
30-Nov-23..........  MI         Hancock............  Houghton County        3/6218     10/16/23  RNAV (GPS) RWY
                                                      Meml.                                       25, Amdt 1B.
30-Nov-23..........  KS         Manhattan..........  Manhattan Rgnl..       3/6770     10/19/23  ILS OR LOC RWY
                                                                                3, Amdt 8.
30-Nov-23..........  MA         Plymouth...........  Plymouth Muni...       3/8906     10/20/23  RNAV (GPS) RWY
                                                                                33, Amdt 1.
30-Nov-23..........  MA         Plymouth...........  Plymouth Muni...       3/8908     10/20/23  RNAV (GPS) RWY
                                                                                15, Orig-A.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2023-24660 Filed 11-8-23; 8:45 am]
BILLING CODE 4910-13-P


23454 Federal Register / Vol. 68, No. 85 / Friday, May 2, 2003 / Notices on equity of 14 percent, cost of capital ( NRG proposes 9.05 percent cost of credit), accumulated deferred income taxes, depreciation ( NRG uses 6.6 years to calculate accumulated depreciation), net negative salvage value ( NRG has increased its depreciation base by $ 92,420,000), operations and maintenance expenses, interconnection rights, and recovery of an acquisition premium.

Commission Response 52. Applicants filed proposed rates to recover the costs of all subject generating units in each power plant, i. e., separate rates for Devon, Middletown, Montville, and Norwalk. Under this approach all of the units under each RMR Agreement would have received the same rate regardless of which unit( s) run at the plant. The rejection of the agreements and the Commission's changes to the mitigation rules discussed above renders as moot the cost of service analysis for the original intended purpose of developing specified rates for the recovery of fixed and variable costs of each plant. Under the Commission's directive, a Peaking Unit Safe Harbor bid ceiling with a fixed cost adder will need to be developed for each unit or plant to replace the CT Proxy for these peaking units based on the amount of generation produced during the previous year, i. e. 2002. The cost of service analyses filed by the Applicants will therefore need to serve as the basis for the determination of the Peaking Unit Safe Harbor. 53. Interveners have raised several issues regarding the cost of service analysis including rate of return, depreciation rates, and accumulated deferred income taxes ( ADIT). In addition, the Commission performed a cost of service analysis for each Agreement based on the information provided in the filing. The Commission identified several cost of service items that were not fully supported by the Applicants in their filing and made adjustments as follows: A return on equity of 13.39% ( based on Commission Staff's preliminary analysis), the addition of ADIT, and the elimination of net negative salvage and associated depreciation expenses. The Commission's analysis supports fixed charges of: $ 21,154,792 for the Devon units; $ 17,687,684 for the Norwalk Harbor units; $ 19,327,732 for the Montville units; and $ 45,262,975 for the Middletown units. These values, subject to adjustment for all revenues received from other sources, are to be used to develop fixed cost adder and the initial Peaking Unit Safe Harbor bid ceilings for these units. 54. Issues that are driving how the Commission will deal with the filed costs of service include: The need for intervenors to comment; the need for the Peaking Unit Safe Harbor to be implemented in short order; and the inability to order refunds because of the interaction between Peaking Unit Safe Harbor and the market price of electricity. The safe harbor bids by definition are approximations; and therefore, the Commission will provide an avenue for intervenors to comment in order to accommodate the above driving factors. The Commission will allow the costs of service with the adjustments discussed above to serve as the basis for developing initial Peaking Unit Safe Harbor to be placed into effect with the market mitigation measures described above. We will allow parties to comment specifically about the costs ofservice as they pertain to the development of the Peaking Unit Safe Harbor bid levels as well as to allow the Applicants to comment on and to support the items that the Commission adjusted in developing the above fixed charges within 30 days. The Commission will set an expedited timetable for the resolution of any issues. Changes to the costs of service resulting from this process will be reflected in recalculated reference prices that will go into effect on a going forward basis from the date of an order that establishes revised Peaking Unit Safe Harbor levels. The Commission orders: ( A) The proposed agreements are hereby accepted for filing, as revised as directed in ordering paragraph B below, suspended to become effective February 27, 2003, subject to refund and the escrow arrangements consistent with the March 25 Order. ( B) Applicants are hereby directed to file revised agreements within 30 days of the date of this order, that provide only for the recovery of costs related to the Reliability Projects as discussed in the body of this order. ( C) ISO   NE is hereby directed on or before May 30, 2003, to make a compliance filing to revise the Proxy CT mitigation measures contained in Market Rule 1 and to develop Peaking Unit Safe Harbor bid ceilings as discussed in the body of this order. ( D) ISO   NE and NEPOOL are directed to file revised ICAP rules no later than March 1, 2004, as discussed in the body of this order. ( E) The Secretary is hereby directed to publish a copy of the order in the Federal Register. By the Commission. Magalie R. Salas, Secretary. [ FR Doc. 03   10816 Filed 5   1   03; 8: 45 am]

BILLING CODE 6717   01   P ENVIRONMENTAL PROTECTION AGENCY [ OPPT   2002   0048; FRL   7492   4]

Agency Information Collection Activities; Submission of EPA ICR No. 0795.11 ( OMB No. 2070   0030) to OMB for Review and Approval; Comment Request AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: In compliance with the Paperwork Reduction Act ( 44 U. S. C. 3501 et seq.), this document announces that the following Information Collection Request ( ICR) has been forwarded to the Office of Management and Budget ( OMB) for review and approval: Notification of Chemical Exports   TSCA Section 12( b) ( EPA ICR No. 0795.11; OMB Control No. 2070   0030). The ICR, which is abstracted below, describes the nature of the information collection and its estimated cost and burden. On August 19, 2002 ( 67 FR 53792), EPA sought comments on this ICR pursuant to 5 CFR 1320.8( d). EPA received comments from Kokopelli Chemists, Inc.; the Proctor & Gamble Co.; the Color Pigments Manufacturers Association, Inc.; and the American Chemistry Council, which are addressed as an attachment to the ICR. DATES: Additional comments may be submitted on or before June 2, 2003. ADDRESSES: Submit your comments, identified by docket ID number OPPT   2002   0048, to both ( 1) EPA online at http:// www. epa. gov/ edocket ( our preferred method) or by mail to: EPA Docket Center, Environmental Protection Agency, Mailcode: 7407T, 1200 Pennsylvania Ave., NW., Washington, DC 20460, and ( 2) OMB at: Office of Information and Regulatory Affairs, Office of Management and Budget ( OMB), Attention: Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Barbara Cunningham, Director, Environmental Assistance Division, Office of Pollution Prevention and Toxics, Environmental Protection Agency, Mailcode: 7408, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 202   554   VerDate Jan< 31> 2003 15: 12 May 01, 2003 Jkt 200001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 02MYN1. SGM 02MYN1 RECEIVED OPPT NCIC 2003 MAY 2 8: 24AM OPPT 2002 0048 0009 23455 Federal Register / Vol. 68, No. 85 / Friday, May 2, 2003 / Notices 1404; e mail address: TSCA   Hotline@ epa. gov.

SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB for review and approval according to the procedures prescribed in 5 CFR 1320.12. EPA has established a public docket for this ICR under Docket ID No. OPPT   2002   0048, which is available for public viewing at the OPPT Docket in the EPA Docket Center, EPA West Building Basement Room B102, 1301 Constitution Ave., NW., Washington, DC. The Center is open from 8 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is ( 202) 566   1744. An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets ( EDOCKET) at http:// www. epa. gov/ edocket. Use EDOCKET to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. Once in the system, select `` search,'' then key in the docket ID number identified above. Any comments related to this ICR should be submitted to EPA and OMB within 30 days of this notice. EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing in EDOCKET as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose public disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in EDOCKET. The entire printed comment, including the copyrighted material, will be available in the public docket. Although identified as an item in the official docket, information claimed as CBI, or whose disclosure is otherwise restricted by statute, is not included in the official public docket, and will not be available for public viewing in EDOCKET. Title: Notification of Chemical Exports   TSCA Section 12( b) ( EPA ICR No. 0795.11; OMB Control No. 2070   0030). This is a request to renew an approved collection that is scheduled to expire on April 30, 2003. Under the OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. Abstract: Section 12( b)( 2) of the Toxic Substances Control Act ( TSCA) requires that any person who exports or intends to export to a foreign country a chemical substance or mixture that is regulated under TSCA sections 4, 5, 6 and/ or 7 submit to EPA notification of such export or intent to export. Upon receipt of notification, EPA will advise the government of the importing country of the U. S. regulatory action with respect to that substance. EPA uses the information obtained from the submitter via this collection to advise the government of the importing country. Responses to the collection of information are mandatory ( see 40 CFR part 707). Respondents may claim all or part of a document confidential. EPA will disclose information that is covered by a claim of confidentiality only to the extent permitted by, and in accordance with, the procedures in TSCA section 14 and 40 CFR part 2. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number, unless that collection is specifically mandated by statute. The OMB control numbers for EPA's regulations in Title 40 are listed in 40 CFR part 9, and are identified on the form and/ or instrument, if applicable. Burden Statement: The annual public reporting burden for this collection of information is estimated to be about one hour per response. Under the PRA, burden means the total time, effort or financial resources expended by persons to generate, maintain, retain or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install and utilize technology and systems for the purposes of collecting, validating and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. Respondents/ Affected Entities: Companies that export from the United States to foreign countries, or that engage in wholesale sales of, chemical substances or mixtures. Frequency of Collection: On occasion, either once or annually. Estimated No. of Respondents: 500. Estimated Total Annual Burden on Respondents: 7,450 hours. Estimated Total Annual Costs: $ 452,055. Changes in Burden Estimates: There is a decrease of 2,950 hours ( from 10,400 hours to 7,450 hours) in the total estimated respondent burden compared with that identified in the information collection request most recently approved by OMB. This change reflects EPA's experience over the past three years, in which there has been an increase in the number of reporting firms but a decrease in the number of notices per firm than anticipated at the time of the last approval of this information collection. The net result is a decrease in burden hours ( adjustment).

Dated: April 23, 2003. Richard T. Westlund, Acting Director, Collection Strategies Division. [ FR Doc. 03   10895 Filed 5   1   03; 8: 45 am]

BILLING CODE 6560   50   P ENVIRONMENTAL PROTECTION AGENCY [ OPPT   2002   0035; FRL   7492   3]

Agency Information Collection Activities; Submission of EPA ICR No. 0794.10 ( OMB No. 2070   0046) to OMB for Review and Approval; Comment Request AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: In compliance with the Paperwork Reduction Act ( 44 U. S. C. 3501 et seq.), this document announces that the following Information Collection Request ( ICR) has been forwarded to the Office of Management and Budget ( OMB) for review and approval: Notification of Substantial Risk of Injury to Health and the Environment under TSCA Section 8( e) ( EPA ICR No. 0794.10; OMB Control No. 2070   0046). The ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and cost. On August 22, 2002 ( 67 FR 54416), EPA sought comments on this ICR pursuant to 5 CFR 1320.8( d). EPA received two comments, and addressed the comments received as an attachment to the ICR. DATES: Additional comments may be submitted on or before June 2, 2003. ADDRESSES: Submit your comments, identified by docket ID number OPPT   2002   0035, to both ( 1) EPA online at http:// www. epa. gov/ edocket ( our preferred method) or by mail to: EPA Docket Center, Environmental Protection Agency, Mailcode: 7407T, 1200 Pennsylvania Ave., NW., Washington, DC 20460, and ( 2) OMB at: Office of Information and Regulatory VerDate Jan< 31> 2003 15: 12 May 01, 2003 Jkt 200001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 02MYN1. SGM 02MYN1


[Federal Register Volume 79, Number 154 (Monday, August 11, 2014)]
[Proposed Rules]
[Pages 46740-46742]
[FR Doc No: 2014-18868]

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

Coast Guard

33 CFR Part 117

[Docket No. USCG-2014-0436]
RIN 1625-AA09

Drawbridge Operation Regulations; Gulf Intracoastal Waterway, St.
Petersburg Beach, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to change the operating schedule that
governs the Pinellas Bayway Structure ``E'' (SR 679) Bridge, Gulf
Intracoastal Waterway mile 113.0, St. Petersburg Beach, FL. This
proposal would extend the time period when the bridge is subject to
periodic openings. During this extended time period the bridge will not
open on demand.

DATES: Comments and related material must reach the Coast Guard on or
before November 10, 2014.

ADDRESSES: You may submit comments identified by docket number USCG-
2014-0436 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is<PHONE_NUMBER>.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments. To avoid duplication, please use only one of these
four methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Mr. Gene Stratton, Seventh Coast Guard District,
Bridge Branch,<PHONE_NUMBER>, email<EMAIL_ADDRESS>If you
have questions on viewing or submitting material to the docket, call
Cheryl Collins, Program Manager, Docket Operations, telephone 202-366-
9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

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

A. Public Participation and Request for Comments

    We encourage you to participate in this proposed rulemaking by
submitting comments and related materials. All comments received will
be posted, without change to http://www.regulations.gov and will
include any personal information you have provided.

1. Submitting comments

    If you submit a comment, please include the docket number for this
proposed rulemaking (USCG-2014-0436), indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation. You may submit your comments and
material online (http://www.regulations.gov), or by fax, mail or hand
delivery, but please use only one of these means. If you submit a
comment online via http://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand deliver, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an email address, or a phone number in the body of
your document so that we can contact you if we have questions regarding
your submission.
    To submit your comment online, go to http://www.regulations.gov,
type the docket number USCG-2014-0436 in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking. If you submit your comments by mail or hand delivery,
submit them in an unbound format, no larger than 8\1/2\ by 11 inches,
suitable for copying and electronic filing. If you submit them by mail
and would like to know that they reached the Facility, please enclose a
stamped, self-addressed postcard or envelope. We will consider all
comments and material received during the comment period and may change
the rule based on your comments.

2. Viewing comments and documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number USCG-2014-0436 in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC, 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one using one of the three methods specified under
ADDRESSES. Please explain why one would be beneficial. If we determine
that one would aid this rulemaking, we will hold one at a time and
place announced by a later notice in the Federal Register.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
establish drawbridge regulations:
    33 U.S.C. 499. The proposed changes would relieve traffic
congestion in St. Petersburg, FL by shortening the time period when the
Pinellas Bayway Structure ``E'' (SR 679) is subject to on demand
openings and it will extend the period when the Bridge is subject to
scheduled periodic openings. The Tierra Verde Community Association,
Inc. (``TVCA'') has requested an amendment to the Pinellas Bayway
Structure ``E'' (SR 679) Bridge operating schedule to reduce increased
vehicular traffic during peak hours. TVCA has indicated that the
existing operating schedule severely impacts commute times for
residents, businesses, and those seeking

recreational access to Fort Desoto Park. Accordingly, this rule is
proposed to seek additional input before the operating schedule is
changed.

C. Discussion of Proposed Rule

    The Pinellas Bayway Structure ``E'' Bridge provides a vertical
clearance of 25 feet at mean high water in the closed position and a
horizontal clearance of 89 feet. Vessels with a height of less than 25
feet may pass through the bridge at any time. 33 CFR 117.287(d)(4)
states Pinellas Bayway Structure ``E'' (SR 679) bridge, mile 113.0 at
St. Petersburg Beach ``shall open on signal, except that from 9 a.m. to
7 p.m. the draw need open only on the hour and 30 minutes past the
hour.'' The proposed change would extend the time when the Bridge is
not required to open on signal by two hours in the morning and evening.
This proposed change would allow this Bridge to open on the hour and
half-hour from 7 a.m. to 9 p.m., seven days a week.

D. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on these statutes or executive orders.

1. Regulatory Planning and Review

    This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Order 12866 or under
section 1 of Executive Order 13563. The Office of Management and Budget
has not reviewed it under those Orders.
    We believe this proposed rule is not a significant regulatory
action because vessels may still transit the Bridge at scheduled
intervals and these changes will continue to meet the reasonable needs
of navigation. Therefore, the proposed rule will only have a minor
impact on vessels transiting the Gulf Intracoastal Waterway in the
vicinity of St Petersburg Beach, Florida.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    This proposed rule would affect the following entities, some of
which might be small entities: The owners or operators of vessels
transiting the Gulf Intracoastal Waterway.
    This action will not have a significant economic impact on a
substantial number of small entities for the following reasons: Vessels
that can safely transit under the bridge may do so at any time. Vessels
unable to transit under the Bridge will be able to transit the bridge
at specific intervals which can be taken into account by owners and
operators.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.

4. Collection of Information

    This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
have determined that it does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
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.

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

    This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.

9. Civil Justice Reform

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

10. Protection of Children

    We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.

11. Indian Tribal Governments

    This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guides the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a
preliminary determination that this action is one of a category of
actions which do not individually or cumulatively have a significant
effect on the human environment. This proposed rule simply promulgates
the operating regulations or procedures for drawbridges. This rule is
categorically excluded, under figure 2-1, paragraph (32)(e), of the
Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.

0
2. In Sec.  117.287, revise paragraph (d)(4) to read as follows:

Sec.  117.287  Gulf Intracoastal Waterway.

* * * * *
    (d) * * *
    (4) Pinellas Bayway Structure ``E'' (SR 679) bridge, mile 113.0 at
St. Petersburg Beach. The draw shall open on signal, except that from 7
a.m. to 9 p.m. the draw need open only on the hour and 30 minutes past
the hour.
* * * * *

    Dated: June 24, 2014.
J.H. Korn,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 2014-18868 Filed 8-8-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 65 (Friday, April 4, 2014)]
[Proposed Rules]
[Page 18868]
[FR Doc No: 2014-06827]

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

40 CFR Part 52

[EPA-R05-OAR-2013-0646; FRL-9908-71-Region 5]

Approval and Promulgation of Air Quality Implementation Plans;
Michigan; PSD Rules for PM2.5

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to Michigan's Prevention of Significant Deterioration
Program rules and definitions, including revisions to Parts 1 and 18 of
Michigan's Air Pollution Control Rules into Michigan's State
Implementation Plan (SIP). The revised rules address the Federal
requirements for significant emission levels, and definitions for fine
particulate matter. The Michigan Department of Environmental Quality
submitted these revisions to EPA on August 9, 2013, and September 19,
2013.

DATES: Comments must be received on or before May 5, 2014.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2013-0646, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: Genevieve Damico, Chief, Air Permits Section, Air Programs
Branch (AR-18J), U.S. Environmental Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Genevieve Damico, Chief, Air Permits Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are only
accepted during the Regional Office normal hours of operation, and
special arrangements should be made for deliveries of boxed
information. The Regional Office official hours of business are Monday
through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays.
    Please see the direct final rule which is located in the Rules
section of this Federal Register for detailed instructions on how to
submit comments.

FOR FURTHER INFORMATION CONTACT: Constantine Blathras, Environmental
Engineer, Air Permits Sections, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the Rules section of this Federal
Register, EPA is approving the State's SIP submittal as a direct final
rule without prior proposal because the Agency views this as a
noncontroversial submittal and anticipates no adverse comments. A
detailed rationale for the approval is set forth in the direct final
rule. If no adverse comments are received in response to this rule, no
further activity is contemplated. If EPA receives adverse comments, we
will withdraw the direct final rule and will address all public
comments in a subsequent final rule based on this proposed action. EPA
will not institute a second comment period. Any parties interested in
commenting on this action should do so at this time. Please note that
if EPA receives adverse comment on an amendment, paragraph, or section
of this rule which may be severed from the remainder of the rule, EPA
may adopt as final those provisions of the rule that are not the
subject of an adverse comment. For additional information, see the
direct final rule which is located in the Rules section of this Federal
Register.

    Dated: March 17, 2014.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2014-06827 Filed 4-3-14; 8:45 am]
BILLING CODE 6560-50-P