[Federal Register Volume 85, Number 25 (Thursday, February 6, 2020)]
[Notices]
[Pages 7008-7011]
[FR Doc No: 2020-02297]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket Number NHTSA-2019-0146]

Agency Information Collection Activities; Notice and Request for
Comment; Platform Lift Systems for Motor Vehicles

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Notice and request for comments on a reinstatement of a
previously-approved information collection.

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SUMMARY: Before a Federal agency can collect certain information from
the public, it must receive approval from the Office of Management and
Budget (OMB). Under procedures established by the Paperwork Reduction
Act, before seeking OMB approval, Federal agencies must solicit public
comment on proposed collections of information, including extensions
and reinstatements of previously approved collections. This document
describes an Information Collection Request (ICR) for which NHTSA
intends to seek OMB approval.

DATES: Comments must be received on or before April 6, 2020.

ADDRESSES: You may submit comments identified by the Docket No. DOT-
NHTSA-2019-0146 through any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail or Hand Delivery: Docket Management, U.S. Department
of Transportation, 1200 New Jersey Avenue SE, West Building, Room W12-
140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through
Friday, except on Federal holidays.

FOR FURTHER INFORMATION CONTACT: Michael Pyne,<PHONE_NUMBER>, Office of
Rulemaking (NRM230), National Highway Traffic Safety Administration,
U.S. Dept. of Transportation, 1200 New Jersey Avenue SE, Room W43-457,
Washington, DC 20590. Please identify the relevant collection of
information by referring to its OMB Control Number.

SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995,
before an agency submits a proposed collection of information to OMB
for approval, it must first publish a document in the Federal Register
providing a 60-day comment period and otherwise consult with members of
the public and affected agencies concerning each proposed collection of
information.
    In compliance with these requirements, NHTSA asks for public
comments on the following proposed collection of information:
    Title: 49 CFR 571.403, Platform lift systems for motor vehicles,
and 49 CFR 571.404, Platform lift installations in motor vehicles.
    OMB Control Number: 2127-0621.
    Type of Request: Reinstatement without change of a previously
approved information collection.
    Type of Review: Regular.
    Requested Expiration Date of Approval: 3 years from date of
approval.
    Abstract: Federal Motor Vehicle Safety Standard (FMVSS) No. 403,
Platform lift systems for motor vehicles, establishes minimum
performance standards for platform lifts intended for installation in
motor vehicles to assist wheelchair users and other persons of limited
mobility in entering and exiting a vehicle. The standard's purpose is
to prevent injuries and fatalities to passengers and bystanders during
the operation of platform lifts. The related standard FMVSS No. 404,
Platform lift installations in motor vehicles, establishes specific
requirements for vehicle manufacturers or alterers that install
platform lifts in new vehicles. Lift manufacturers must certify that
their lifts meet the requirements of FMVSS No. 403 and must declare in
the owner's manual, in the installation instructions, and on the
operating instruction label that the lift is certified. Certification
of compliance with FMVSS No. 404 is included on the vehicle
certification label required on all motor vehicles under 49 CFR part
567. Both FMVSS No. 403 and FMVSS No. 404 contain requirements related
to information collections. FMVSS No. 403 requires lift manufacturers
to produce an insert that is placed in the vehicle owner's manual and
lift installation instructions. Additionally, lift manufacturers must
affix either one or two labels to be placed near the controls for the
lift. The latter illustrate and describe procedures for operating the
lift. Our estimates of burden and cost to lift manufacturers to meet
these requirements are described below. FMVSS No. 404 requires
manufacturers or alterers that install platform lifts to insert the
instructions provided by the lift manufacturer into the vehicle owners'
manuals and ensure that labels with lift operating procedures are
affixed to a location adjacent to the controls.
    Affected Public: Platform lift manufacturers and vehicle
manufacturers or alterers that install platform lifts in motor vehicles
prior to first vehicle sale. There is no burden to the general public.
    Estimated Number of Respondents: 10.
    NHTSA estimates that there are 10 platform lift manufacturers doing
business at a given time. Platform lift manufacturers typically have a
design cycle of approximately 5 years. Therefore, there are aspects of
the information collection that only require the manufacturers to incur
burden every 5 years, such as changing the owner's manual inserts and
labels. However, other aspects of the information collection, such as
printing the inserts and labeling the lifts, require manufacturers to
incur burden every year.
    Estimated Total Annual Burden Hours: 1,562 hours.
    NHTSA estimates that a total of 10 lift manufacturers will incur
1,562 hours of burden annually. This estimate is comprised of time to
make changes to required language and the time to distribute that
information by affixing labels or placards, placing inserts into
owners' manuals, and providing installation instructions.
    NHTSA estimates that every year approximately two lift
manufacturers will need to change the language of the insert for the
vehicle owners' manual stating the lift's platform operating volume,
maintenance schedule, and operating procedures. NHTSA estimates that it
will take manufacturers approximately 24 hours to make those changes.
Therefore, NHTSA estimates that changes to the owners' manual inserts
will take 48 hours annually (2 manufacturers x 24 hrs = 48 hours per
year).
    NHTSA estimates that every year approximately two manufacturers
will need to change the installation instructions identifying the types
of vehicles on which each lift is designed to be installed. NHTSA
estimates that it will take manufacturers approximately 24 hours to
make those changes. Therefore, NHTSA estimates that changes to the
installation instructions will take 48 hours annually (2 manufacturers
x 24 hrs = 48 hours per year).
    NHTSA estimates that every year approximately two manufacturers
will need to make changes to labels or placards which identify the
operating functions of the lift. NHTSA estimates that it will take
manufacturers approximately 24 hours to make those changes. Therefore,
NHTSA estimates that changes to the labels or placards for lift
functions will take 48 hours annually (2 manufacturers x 24 hrs = 48
hours per year).
    NHTSA estimates that every year approximately two lift
manufacturers will need to make changes to labels and placards
detailing back-up operating procedures. NHTSA estimates that it will
take manufacturers approximately 24 hours to make those changes.
Therefore, NHTSA estimates that changes to the language of labels or
placards for back-up operating procedures will take 48 hours annually
(2 manufacturers x 24 hrs = 48 hours per year).
    In addition to making periodic changes to the wording of the
owners' manual inserts, installation instructions, label or placard for
lift operating procedures, and the label or placard for lift back-up
operation, lift

manufacturers also incur burden associated with distributing that
information by affixing labels or placards, placing inserts into
owners' manuals, and providing installation instructions.
    NHTSA estimates that there will be 27,398 lifts manufactured in
each of the next three years. NHTSA estimates that distributing the
required information will take approximately 3 minutes per lift or
approximately 1,370 hours for all lifts annually (27,398 lifts x 3
minutes per lift = 82,194 minutes, 82,194 minutes / 60 = 1,370 hours).

----------------------------------------------------------------------------------------------------------------
                                                                       Lift       Hours to  make
                                                                   manufacturers      change       Annual  hours
----------------------------------------------------------------------------------------------------------------
Per Year Insert Language........................................               2              24              48
Per Year Install Instruct.......................................               2              24              48
Per Year Label Change/Operating.................................               2              24              48
Per Year Label Change/Back-up...................................               2              24              48
----------------------------------------------------------------------------------------------------------------
                                                                      Lifts-each        Mins. to     Total hours
                                                                            year      distribute
                                                                    next 3 years
----------------------------------------------------------------------------------------------------------------
Distribution....................................................          27,398               3           1,370
                                                                 -----------------------------------------------
    Estimated Total Burden Hours................................  ..............  ..............           1,562
----------------------------------------------------------------------------------------------------------------

Estimated Cost for This Information Collection:

    The cost of this collection of information will comprise printing
costs and hourly labor costs. NHTSA's estimate of printing costs can be
broken down as follows:

[ssquf] Owner's manual insert--27,398 lifts x $0.04 per page x 1 page =
$1,095.92
[ssquf] Installation instructions--27,398 lifts x $0.04 per page x 1
page = $1,095.92
[ssquf] Label/placard for lift operating procedures--27,398 lifts x
$0.13 per label = $3,561.74
[ssquf] Label/placard for lift backup operation--27,398 lifts x $0.13
per label = $3,561.74
    Based on this breakdown, NHTSA estimates the total printing cost
associated with this information collection is $9,315.32 annually.

----------------------------------------------------------------------------------------------------------------
                                                                    Lifts-each
                                                                   year next  3      Per unit       Total cost
                                                                       years
----------------------------------------------------------------------------------------------------------------
Owner's Manual Insert...........................................          27,398           $0.04       $1,095.92
Install Instructions............................................          27,398            0.04        1,095.92
Label Change/Operating Procedure................................          27,398            0.13        3,561.74
Label Change/Back-up Operation..................................          27,398            0.13        3,561.74
                                                                 -----------------------------------------------
    Estimated Annual Printing Cost for This Information           ..............  ..............        9,315.32
     Collection.................................................
----------------------------------------------------------------------------------------------------------------

    The labor cost is derived by applying appropriate hourly labor
rates published by the Bureau of Labor Statistics \1\ (BLS) to the
hourly burden discussed previously in this notice. There are two
categories of labor involved. First, for ``Assemblers and Fabricators''
(Occupation code 51-2000) with an average wage of $22.94/hour, the
labor rate is $32.72/hour (based on BLS statistics showing wages for
private industry workers are 70.1 percent of total compensation \2\).
Multiplying that hourly labor rate by the estimated 1,370 labor hours
needed annually to affix and distribute the required informational
materials yields an annual labor cost of $44,832.81. Second, for
``Technical Writers'' (Occupation code 27-3042) with an average wage of
$33.98/hour, the labor rate is $47.47/hour. Multiplying that hourly
labor rate by the estimated 192 labor hours needed for revisions to
labels and printed materials yields an annual labor cost of $9,306.93.
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    \1\ Available online at https://www.bls.gov/oes/current/naics4_336100.htm.
    \2\ See Table 1 at https://www.bls.gov/news.release/pdf/ecec.pdf.
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    The total annual labor cost is thus estimated to be $54,139.74.

----------------------------------------------------------------------------------------------------------------
                                                    Percent of
                                   Average wage        total        Labor  rate    Annual  hours   Annual  labor
                                                   compensation                                        cost
----------------------------------------------------------------------------------------------------------------
Assemblers and Fabricators......          $22.94            70.1          $32.72           1,370      $44,832.81
Technical Writers...............           33.98            70.1           48.47             192        9,306.93
rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr
    Estimated Annual Labor Cost   ..............  ..............  ..............  ..............       54,139.74
     for This Information
     Collection.................
----------------------------------------------------------------------------------------------------------------

    Combining the above estimated printing costs and estimated labor
costs, NHTSA estimates that the total cost of this information
collection is $63,455.06 per year.

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

------------------------------------------------------------------------
Estimated Annual Printing Cost for This Information            $9,315.32
 Collection.............................................
Estimated Annual Labor Cost for This Information               54,139.74
 Collection.............................................
                                                         ---------------
    Combined Estimated Annual Printing Cost & Labor Cost       63,455.06
     for This Information Collection....................
------------------------------------------------------------------------

    Public Comments Invited: The OMB has promulgated regulations
describing what must be included in such a document. Under OMB's
regulation at 5 CFR 1320.8(d), an agency must ask for public comment on
the following: (1) Whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility; (2) the
accuracy of the agency's estimate of the burden of the proposed
collection of information, including the validity of the methodology
and assumptions used; (3) how to enhance the quality, utility, and
clarity of the information to be collected; and (4) how to minimize the
burden of the collection of information on those who are to respond,
including the use of appropriate automated, electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses.

    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C.
chapter 35; and delegation of authority at 49 CFR 1.95 and 501.8.

Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2020-02297 Filed 2-5-20; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register: February 28, 2008 (Volume 73, Number 40)]
[Notices]
[Page 10751-10752]
[DOCID:fr28fe08-51]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13096-000]

Hydro Green Energy, LLC; Notice of Application Accepted for
Filing and Soliciting Motions To Intervene, Protests, and Comments

February 22, 2008.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Preliminary Permit.
    b. Project No.: 13096-000.
    c. Date Filed: January 9, 2008.
    d. Applicant: Hydro Green Energy, LLC.
    e. Name of Project: ``Alaska 18'' Project.
    f. Location: The project would be located in a section of the Yukon
River in the Yukon-Koyukuk Census Area, Alaska. The project uses no dam
or impoundment.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contacts: Mr. Wayne F. Krouse, Hydro Green Energy,
LLC, 5090 Richmond Avenue, 390, Houston, TX 77056, and Mr.
James H. Hancock Jr., Balch & Bingham LLP, 1710 Sixth Avenue North,
Birmingham, Alabama 35203.
    i. FERC Contact: Kelly Houff,<PHONE_NUMBER>.
    j. Deadline for filing comments, protests, and motions to
intervene: 60 days from the issuance date of this notice.
    All documents (original and eight copies) should be filed with:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426. Comments, protests, and
interventions may be filed electronically via the Internet in lieu of
paper; see 18 CFR 385.2001(a)(1)(iii) and the instructions on the
Commission's Web site under the ``e-Filing'' link. The Commission
strongly encourages electronic filings. Please include the project
number (P-13096-000) on any comments or motions filed.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person in the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    k. Description of Project: The proposed project consists of: (1) 10
arrays, each consisting of ten, 100 kilowatt hydrokinetic turbine
units, for a total installed capacity of 10 megawatts, (2) a proposed
transmission line no greater than 2,000 feet from the ``node'' array to
the shore, (3) a mooring system which does not require the use of
pilings to permanently attach the units to the bedrock but instead uses
tethers and Danforth type anchors, and (4) appurtenant facilities. The
project would have an average annual generation of 65.745 gigawatt-
hours, which would be sold to a local utility.
    l. Locations of Applications: A copy of the application is
available for inspection and reproduction at the Commission in the
Public Reference Room, located at 888 First Street, NE., Room 2A,
Washington DC 20426, or by calling<PHONE_NUMBER>. This filing may also
be viewed on the Commission's Web site at http://www.ferc.gov using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3676 or e-mail
<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item h
above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.

    n. Competing Preliminary Permit: Anyone desiring to file a
competing application for preliminary permit for a proposed project
must submit the competing application itself, or a notice of intent to
file such an application, to the Commission on or before the specified
comment date for the particular application (see 18 CFR 4.36).
Submission of a timely notice of intent allows an interested person to
file the competing preliminary permit application no later than 30 days
after the specified comment date for the particular application. A
competing preliminary permit application must conform with 18 CFR 4.30
and 4.36.
    o. Competing Development Application: Any qualified development
applicant desiring to file a competing development application must
submit to the Commission, on or before a specified comment date for the
particular application, either a competing development application or a
notice of intent to file such an application. Submission of a timely
notice of intent to file a development application allows an interested
person to file the competing application no later than 120 days after
the specified comment date for the particular application. A competing
license application must conform with 18 CFR 4.30 and 4.36.
    p. Notice of Intent: A notice of intent must specify the exact
name, business address, and telephone number of the prospective
applicant, and must include an unequivocal statement of intent to
submit, if such an application may be filed, either a preliminary
permit application or a development application (specify which type of
application). A notice of intent must be served on the applicant(s)
named in this public notice.
    q. Proposed Scope of Studies under Permit: A preliminary permit, if
issued, does not authorize construction. The term of the proposed
preliminary permit would be 36 months. The work proposed under the
preliminary permit would include economic analysis, preparation of
preliminary engineering plans, and a study of environmental impacts.
Based on the results of these studies, the Applicant would decide
whether to proceed with the preparation of a development application to
construct and operate the project.
    r. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper; See 18 CFR 385.2001(a)(1)(iii) and
the instructions on the Commission's Web site under ``e-filing'' link.
The Commission strongly encourages electronic filing.
    s. Filing and Service of Responsive Documents: Any filings must
bear in all capital letters the title ``COMMENTS'', ``RECOMMENDATIONS
FOR TERMS AND CONDITIONS'', ``PROTEST'',''COMPETING APPLICATION'' or
``MOTION TO INTERVENE'', as applicable, and the Project Number of the
particular application to which the filing refers. Any of the above-
named documents must be filed by providing the original and the number
of copies provided by the Commission's regulations to: The Secretary,
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. A copy of any motion to intervene must also be
served upon each representative of the Applicant specified in the
particular application.
    t. Agency Comments: Federal, State, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-3761 Filed 2-27-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: November 1, 2010 (Volume 75, Number 210)]
[Notices]
[Page 67093-67094]
[DOCID:fr01no10-32]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-P-0517]

Iceberg Water Deviating From Identity Standard; Temporary Permit
for Market Testing

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing that a
temporary permit has been issued to Iceberg Canada Corp., to market
test a product designated as ``GLACE Rare Iceberg Water'' that deviates
from the U.S. standard of identity for bottled water. The purpose of
the temporary permit is to allow the applicant to measure consumer
acceptance of the product, identify mass production problems, and
assess commercial feasibility.

DATES: This permit is effective for 15 months, beginning on the date
the

permit holder introduces or causes the introduction of the test product
into interstate commerce, but not later than February 1, 2011.

FURTHER INFORMATION CONTACT: Loretta A. Carey, Center for Food Safety
and Applied Nutrition (HFS-820), Food and Drug Administration, 5100
Paint Branch Pkwy., College Park, MD 20740,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In accordance with 21 CFR 130.17 concerning
temporary permits to facilitate market testing of foods deviating from
the requirements of the standards of identity issued under section 401
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341), FDA is
giving notice that a temporary permit has been issued to Iceberg Canada
Corp., 5335 J. Armand Bombardier, St-Hubert (Quebec), Canada J3Z 1G4.
    This permit covers limited interstate marketing tests of products
identified as ``GLACE Rare Iceberg Water'' that deviate from the U.S.
standard of identity for bottled water (Sec.  165.110 (21 CFR 165.110))
in that the source of the water is an iceberg. The test product meets
all the requirements of the standard with the exception of the source
definition. The purpose of this temporary permit is to allow the
applicant to measure consumer acceptance of the product, identify mass
production problems, and assess commercial feasibility.
    This permit provides for the temporary marketing of 153,090 cases
of the 24 x 250 milliliter bottles and 515,900 cases of the 12 x 700
milliliter bottles totaling 668,990 cases. The total fluid quantity
covered by this application is 5,252,100 liters (1,387,458 gallons).
The test product will be manufactured for Iceberg Canada Corp., 5335 J.
Armand Bombardier, St-Hubert (Quebec), Canada J3Z 1 G4. Iceberg Canada
Corp. will distribute the test products throughout the United States.
The information panel of the labels will bear nutrition labeling in
accordance with 21 CFR 101.9. The bottled water must be manufactured in
accordance with the quality standards in Sec.  165.110(b) and the
requirements for processing and bottling of bottled drinking water in
21 CFR part 129. This permit is effective for 15 months, beginning on
the date the permit holder introduces or causes the introduction of the
product into interstate commerce, but not later than (see DATES).

    Dated: October 26, 2010.
Barbara Schneeman,
Director, Office of Nutrition, Labeling and Dietary Supplements, Center
for Food Safety and Applied Nutrition.
[FR Doc. 2010-27518 Filed 10-29-10; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register: September 30, 2009 (Volume 74, Number 188)]
[Notices]
[Page 50214-50215]
[DOCID:fr30se09-63]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2008-D-0434]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Guidance for
Humanitarian Device Exemption Holders, Institutional Review Boards,
Clinical Investigators, and Food and Drug Administration Staff:
Humanitarian Device Exemption Regulation: Questions and Answers;
Availability

AGENCY:  Food and Drug Administration, HHS.

ACTION:  Notice.

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

DATES: Fax written comments on the collection of information by October
30, 2009.

ADDRESSES:  To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
FAX:<PHONE_NUMBER>, or e-mailed to<EMAIL_ADDRESS>All
comments should be identified with the OMB control number 0910-NEW and
title Guidance for Humanitarian Device Exemption Holders, Institutional
Review Boards, Clinical Investigators, and FDA Staff: Humanitarian
Device Exemption Regulation: Questions and Answers; Availability. Also
include the FDA docket number found in brackets in the heading of this
document.

FOR FURTHER INFORMATION CONTACT:  Denver Presley Jr., Office of
Information Management (HFA-710), Food and Drug Administration, 5600
Fishers Lane, Rockville, MD 20857,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Guidance for Humanitarian Device Exemption Holders, Institutional
Review Boards, Clinical Investigators, and FDA Staff: Humanitarian
Device Exemption Regulation: Questions and Answers--(OMB Control Number
0910-NEW)

    Title III of the Food and Drug Administration Amendments Act of
2007 (FDAAA) (Public Law 110-85) amended chapter V of the Federal Food,
Drug, and Cosmetic Act (the act) (21 U.S.C. 351 et seq.) by inserting
section 515A, Pediatric Uses of Devices (21 U.S.C. 360e-1).
    This new provision requires that new applications under section
520(m) of the act (21 U.S.C. 360j(m)) include both a description of any
pediatric subpopulation that suffer from: (1) A disease or condition
that the device is intended to treat, diagnose, or cure and (2) the
number of affected pediatric patients.
    Title III of FDAAA also amended section 520(m) of the act as
follows:
    Section 520(m)(6)(A)(ii) of the act provides that the Secretary of
Health and Human Services will assign an annual distribution number
(ADN) for devices indicated for use in a pediatric population or in a
pediatric subpopulation. The ADN shall be based on the following
information in a humanitarian device exemption (HDE) application: (1)
The number of individuals affected by the disease or condition that
such device is intended to treat, diagnose, or cure and of that number;
(2) the number of individuals likely to use the device and (3) the
number of devices reasonably necessary to to treat such individuals.
    Section 520(m)(6)(A)(iii) of the act provides that an HDE holder
immediately notify the agency if the number of devices distributed
during any calendar year exceeds the ADN.
    Section 520(m)(6)(C) of the act provides that an HDE holder may
petition to modify the ADN if additional information on the number of
individuals affected by the disease or condition arises.
    In the Federal Register of August 5, 2008 (73 FR 45460), FDA
published a 60-day notice requesting public comment on the information
collection provisions. Seven comments were received in response to the
60-day notice. Of the seven comments received, six related to the
guidance and the information collection requests. We received one
comment that did not address the content of the guidance nor the
information collection.
    There were a number of comments received that clarified the
reporting requirements for HDE holders and institutional review boards
(IRBs). In response to these comments, FDA responded by referring to
previously approved collections of information found in FDA
regulations. The collections of information in 21 CFR 803.50 have been
approved under OMB control number 0910-0437 and the collections of
information in part 814 (21 CFR part 814) have been approved under OMB
control number 0910-0332. FDA received comments that sought
clarification regarding how an IRB distinguishes between the use of a
humanitarian use device (HUD) and the study of an HUD in a clinical
investigation. FDA responded by providing additional background
information related to the collection of safety and effectiveness
information related to clinical investigation for HDE approved
indications and referring to previously approved collections of
information found in FDA regulations. This collection of information is
approved under OMB control number 0910-0078.
    FDA estimates the burden of this collection of information as
follows:

                                                     Table 1.--Estimated Annual Reporting Burden\1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              No. of         Annual Frequency       Total Annual        Hours per
  Section of the Federal Food, Drug, and Cosmetic Act      Respondents         per Response          Responses           Response         Total Hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
515A(a)(2)                                                              5                     1                  5                100                500
--------------------------------------------------------------------------------------------------------------------------------------------------------

520(m)(6)(A)(ii)                                                        3                     1                  3                 50                150
--------------------------------------------------------------------------------------------------------------------------------------------------------
520(m)(6)(A)(iii)                                                       1                     1                  1                100                100
--------------------------------------------------------------------------------------------------------------------------------------------------------
520(m)(6)(C)                                                            5                     1                  5                100                500
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total                                                                                1,250
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\There are no capital costs or operating and maintenance costs associated with this collection of information.

    FDA based these estimates on the number of original HDE
applications that the Center for Devices and Radiological Health (CDRH)
received in the period between October 1, 2004, and September 30, 2007.
During that time, CDRH received 16 original HDE applications or about 5
per year.
    FDA estimates that for each year, CDRH will receive five HDE
applications and that three of these applications will be indicated for
pediatric use. One HDE holder will notify the agency that the number of
devices distributed in the year has exceeded the ADN and five HDE
holders will petition to have the ADN modified due to additional
information on the number of individuals affected by the disease of
condition.
    The draft guidance refers also to previously approved collections
of information found in FDA regulations. The collections of information
in 21 CFR part 803 have been approved under OMB control number 0910-
0437; the collections of information in 21 CFR part 812 have been
approved under OMB control number 0910-0078; the collections of
information in 21 CFR part 807, subpart E have been approved under OMB
control number 0910-0120; the collections of information in part 814,
subparts A, B, and C have been approved under OMB control number 0910-
0231; the collection of information in 21 CFR parts 50 and 56 have been
approved under OMB control number 0910-0130; the collections of
information in 21 CFR part 820 have been approved under OMB control
number 0910-0073; the collections of information in part 814, subpart H
have been approved under OMB control number 0910-0332; and the
collection of information requirements in 21 CFR 10.30 have been
approved under OMB control number 0910-0183.

    Dated: September 23, 2009.
David Horowitz,
Assistant Commissioner for Policy.
[FR Doc. E9-23521 Filed 9-29-09; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register Volume 80, Number 76 (Tuesday, April 21, 2015)]
[Rules and Regulations]
[Pages 22112-22115]
[FR Doc No: 2015-09005]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R03-OAR-2014-0868; FRL-9926-43-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Redesignation Request and Associated Maintenance Plan for
the Pennsylvania Portion of the Philadelphia-Wilmington, PA-NJ-DE
Nonattainment Area for the 1997 Annual and 2006 24-Hour Fine
Particulate Matter Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving the
Commonwealth of Pennsylvania's request to redesignate to attainment the
Pennsylvania portion of the Philadelphia-Wilmington, PA-NJ-DE
Nonattainment Area (Philadelphia Area or Area) for the 1997 annual and
2006 24-hour fine particulate matter (PM2.5) national
ambient air quality standard (NAAQS or standard). EPA has determined
that the Philadelphia Area attained both the 1997 annual and 2006 24-
hour PM2.5 NAAQS. In addition, EPA is approving as a
revision to the Pennsylvania State Implementation Plan (SIP) the
associated maintenance plan to show maintenance of the 1997 annual and
2006 24-hour PM2.5 NAAQS through 2025 for the Pennsylvania
portion of the Area. The maintenance plan includes the 2017 and 2025
PM2.5 and nitrogen oxides (NOX) mobile vehicle
emissions budgets (MVEBs) for the Pennsylvania portion of the Area for
the 1997 annual and 2006 24-hour PM2.5 NAAQS, which EPA is
approving for transportation conformity purposes. Furthermore, EPA is
approving the 2007 base year emissions inventory included in the
maintenance plan for the Pennsylvania portion of the Area for the 2006
24-hour PM2.5 NAAQS. These actions are being taken under the
Clean Air Act (CAA).

DATES: This final rule is effective on April 21, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2014-0868. All documents in the docket are listed in
the www.regulations.gov Web site. Although listed in the electronic
docket, some information is not publicly available, i.e., confidential
business information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State
submittal are available at the Pennsylvania Department of Environmental
Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Rose Quinto at<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On September 5, 2014, the Commonwealth of Pennsylvania, through the
Pennsylvania Department of Environmental Protection (PADEP), formally
submitted a request to redesignate the Pennsylvania portion of the
Philadelphia Area from nonattainment to attainment for the 1997 annual
and 2006 24-hour PM2.5 NAAQS. Concurrently, PADEP submitted
a maintenance plan for the Pennsylvania portion of the Area as a SIP
revision to ensure continued attainment throughout the Pennsylvania
portion of the Area over the next 10 years. The maintenance plan
includes the 2017 and 2025 PM2.5 and NOX MVEBs
for the Pennsylvania portion of the Area for the 1997 annual and 2006
24-hour PM2.5 NAAQS, which EPA is approving for
transportation conformity purposes. PADEP also submitted a 2007
comprehensive emissions inventory that was included in the maintenance
plan for the 2006 24-hour PM2.5 NAAQS for NOX,
sulfur dioxide (SO2), volatile organic compounds (VOC), and
ammonia (NH3).
    On February 17, 2015 (80 FR 8254), EPA published a notice of
proposed rulemaking (NPR) for Pennsylvania. In the NPR, EPA proposed
approval of Pennsylvania's September 5, 2014 request to redesignate the
Pennsylvania portion of the Philadelphia Area to attainment for the
1997 annual and 2006 24-hour PM2.5 NAAQS. EPA also proposed
approval of the associated maintenance plan as a revision to the
Pennsylvania SIP for the 1997 annual and 2006 24-hour PM2.5
NAAQS, which includes the 2017 and 2025 PM2.5 and
NOX MVEBs for both NAAQS, which EPA proposed to approve for
purposes of transportation conformity. In addition, EPA proposed
approval of the 2007 emissions inventory included in the maintenance
plan for the Pennsylvania portion of the Area for the 2006 24-hour
PM2.5 NAAQS to meet the emissions inventory requirement of
section 172(c)(3) of the CAA.
    The details of Pennsylvania's submittal and the rationale for EPA's
proposed actions are explained in the NPR and will not be restated
here. No adverse public comments were received on the NPR.

II. Final Actions

    EPA is taking final actions on the redesignation request and SIP
revisions submitted on September 5, 2014 by the Commonwealth of
Pennsylvania for the Pennsylvania portion of the Philadelphia Area for
the1997 annual and 2006 24-hour PM2.5 NAAQS. First, EPA
finds that the monitoring data demonstrates that the Area has attained
the 1997 annual and 2006 24-hour PM2.5 NAAQS, and continues
to attain both NAAQS. Second, EPA is approving Pennsylvania's
redesignation request for the 1997 annual and 2006 24-hour
PM2.5 NAAQS, because EPA has determined that the request
meets the redesignation criteria set forth in section 107(d)(3)(E) of
the CAA for both NAAQS. Approval of this redesignation request will
change the official designation of the Pennsylvania portion of the
Philadelphia Area from nonattainment to attainment for the 1997 annual
and 2006 24-hour PM2.5 NAAQS. Third, EPA is approving the
associated maintenance plan for the Pennsylvania portion of the
Philadelphia Area as a revision to the Pennsylvania SIP for the 1997
annual and 2006 24-hour PM2.5 NAAQS because it meets the
requirements of section 175A of the CAA. The maintenance plan includes
the 2017 and 2025 PM2.5 and NOX MVEBs submitted
by Pennsylvania for the Pennsylvania portion of the Philadelphia Area
for transportation conformity purposes. In addition, EPA is approving
the 2007 emissions inventory for the Pennsylvania portion of the Area
as meeting the requirement of section 172(c)(3) of the CAA for the 2006
24-hour PM2.5 NAAQS.
    In accordance with 5 U.S.C. 553(d), EPA finds there is good cause
for this rulemaking action to become effective immediately upon
publication. A delayed effective date is unnecessary due to the nature
of a redesignation to attainment, which eliminates CAA obligations that
would otherwise apply. The immediate effective date for this rulemaking
action is authorized under both 5 U.S.C. 553(d)(1), which provides that
rulemaking actions may become

effective less than 30 days after publication if the rule ``grants or
recognizes an exemption or relieves a restriction,'' and section
553(d)(3), which allows an effective date less than 30 days after
publication ``as otherwise provided by the agency for good cause found
and published with the rule.'' The purpose of the 30-day waiting period
prescribed in section 553(d) is to give affected parties a reasonable
time to adjust their behavior and prepare before the final rule takes
effect. Today's rulemaking action, however, does not create any new
regulatory requirements such that affected parties would need time to
prepare before the rule takes effect. Rather, today's rulemaking action
relieves the Commonwealth of Pennsylvania of the obligation to comply
with nonattainment-related planning requirements for the Pennsylvania
portion of the Philadelphia Area pursuant to part D of the CAA and
approves certain emissions inventories and MVEBs for the Pennsylvania
portion of the Area. For these reasons, EPA finds good cause under 5
U.S.C. 553(d) for this rulemaking action to become effective on the
date of publication.

III. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, redesignation of an area to attainment and the
accompanying approval of the maintenance plan under CAA section
107(d)(3)(E) are actions that affect the status of a geographical area
and do not impose any additional regulatory requirements on sources
beyond those required by state law. A redesignation to attainment does
not in and of itself impose any new requirements, but rather results in
the application of requirements contained in the CAA for areas that
have been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40
CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to
approve state choices, provided that they meet the criteria of the CAA.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 22, 2015. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action, approving the redesignation request and
maintenance plan for the Pennsylvania portion of the Philadelphia Area
for the 1997 annual and 2006 24-hour PM2.5 NAAQS and the
comprehensive emissions inventory for the Pennsylvania portion of the
Philadelphia Area for the 2006 24-hour PM2.5 NAAQS, may not
be challenged later in proceedings to enforce its requirements. See
section 307(b)(2).

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen oxides, Particulate matter, Reporting and
recordkeeping requirements, Sulfur dioxide, Volatile organic compounds.

40 CFR Part 81

    Air pollution control, National parks, Wilderness areas.

    Dated: April 7, 2015.
William C. Early,
Acting Regional Administrator, Region III.
    40 CFR parts 52 and 81 are amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart--NN Pennsylvania

0
2. In Sec.  52.2020, the table in paragraph (e)(1) is amended by adding
an entry for 1997 Annual and 2006 24-Hour PM2.5 Maintenance
Plan and 2007 Base Year Emissions Inventory at the end of the table to
read as follows:

Sec.  52.2020  Identification of plan.

* * * * *
    (e) * * *
    (1) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
    Name of non-regulatory SIP      Applicable geographic       State
             revision                        area          submittal date             EPA approval date                    Additional explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
1997 Annual and 2006 24-Hour PM2.5  Philadelphia-                  9/5/14  4/21/15 [Insert Federal Register        See Sec.   52.2036(u) and Sec.
 Maintenance Plan and 2007 Base      Wilmington, PA-NJ-DE.                  citation].                              52.2059(p)
 Year Emissions Inventory.
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

0
3. Section 52.2036 is amended by adding paragraph (u) to read as
follows:

Sec.  52.2036  Base year emissions inventory.

* * * * *
    (u) EPA approves as revisions to the Pennsylvania State
Implementation Plan the 2007 base year emissions inventory for the
Pennsylvania portion of the Philadelphia Area for the 2006 24-hour fine
particulate matter (PM2.5) nonattainment area submitted by
the Pennsylvania Department of Environmental Protection on September 5,
2014. The emissions inventory includes emissions estimates that cover
the general source categories of point, area, nonroad, and onroad
sources. The pollutants that comprise the inventory are
PM2.5, nitrogen oxides (NOX), volatile organic
compounds (VOCs), ammonia (NH3), and sulfur dioxide
(SO2).

0
4. Section 52.2059 is amended by adding paragraph (p) to read as
follows:

Sec.  52.2059  Control strategy: Particular matter.

* * * * *
    (p) EPA approves the maintenance plan for the Pennsylvania portion
of the Philadelphia nonattainment area for the 1997 annual and 2006 24-
hour PM2.5 NAAQS submitted by the Commonwealth of
Pennsylvania on September 5, 2014. The maintenance plan includes the
2017 and 2025 PM2.5 and NOX mobile vehicle
emissions budgets (MVEBs) to be applied to all future transportation
conformity determinations and analyses for the Pennsylvania portion of
the Philadelphia nonattainment area for the 1997 annual and 2006 24-
hour PM2.5 NAAQS.

 Pennsylvania Portion of the Philadelphia Area's Motor Vehicle Emission Budgets for the 1997 Annual and 2006 24-
                                        hour PM2.5 NAAQS in tons per year
----------------------------------------------------------------------------------------------------------------
                                                                                Effective date of SIP
     Type of control strategy SIP            Year            PM2.5            NOX               approval
----------------------------------------------------------------------------------------------------------------
Maintenance Plan......................            2017           1,679          37,922  April 21, 2015.
                                                  2025           1,316          25,361  April 21, 2015.
----------------------------------------------------------------------------------------------------------------

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
5. The authority citation for part 81 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

0
6. Section 81.339 is amended by revising the entry for ``Philadelphia-
Wilmington, PA-NJ-DE'' where it occurs in the tables entitled
``Pennsylvania--1997 Annual PM2.5 NAAQS'' and ``2006 24-Hour
PM2.5 NAAQS'' to read as follows:

Sec.  81.339  Pennsylvania.

* * * * *

                                      Pennsylvania--1997 Annual PM2.5 NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                               Designation \a\                         Classification
         Designated area         -------------------------------------------------------------------------------
                                        Date \1\               Type              Date \2\             Type
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
Philadelphia-Wilmington, PA-NJ-
 DE:
    Bucks County................  April 21, 2015.....  Attainment.........
    Chester County..............  April 21, 2015.....  Attainment.........
    Delaware County.............  April 21, 2015.....  Attainment.........
    Montgomery County...........  April 21, 2015.....  Attainment.........
    Philadelphia County.........  April 21, 2015.....  Attainment.........
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted.

* * * * *

                                     Pennsylvania--2006 24-Hour PM2.5 NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                               Designation \a\                         Classification
         Designated area         -------------------------------------------------------------------------------
                                        Date \1\               Type              Date \2\             Type
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
Philadelphia-Wilmington, PA-NJ-
 DE:
    Bucks County................  April 21, 2015.....  Attainment.........
    Chester County..............  April 21, 2015.....  Attainment.........
    Delaware County.............  April 21, 2015.....  Attainment.........
    Montgomery County...........  April 21, 2015.....  Attainment.........
    Philadelphia County.........  April 21, 2015.....  Attainment.........
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian County located in each county or area, except as otherwise specified.
\1\ This date is 30 days after November 13, 2009, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted.

[FR Doc. 2015-09005 Filed 4-20-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 73 (Monday, April 19, 2021)]
[Proposed Rules]
[Pages 20344-20348]
[FR Doc No: 2021-07990]

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

Coast Guard

33 CFR Part 117

[Docket No. USCG-2019-0824]
RIN 1625-AA09

Drawbridge Operation Regulation; Milwaukee, Menomonee, and
Kinnickinnic Rivers and Burnham Canals, Milwaukee, WI

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the operating schedules of
the bridges over the Milwaukee, Menomonee, and Kinnickinnic Rivers and
South Menomonee and Burnham Canals. The City of Milwaukee requested the
regulations to be reviewed and updated to allow for a more balanced
flow of maritime and land based transportation.

DATES: Comments and relate material must reach the Coast Guard on or
before June 18, 2021.

ADDRESSES: You may submit comments identified by docket number USCG-
2019-0824 using Federal e-Rulemaking Portal at https://www.regulations.gov.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Mr. Lee D. Soule, Bridge Management Specialist,
Ninth Coast Guard District; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
IGLD85 International Great Lakes Datum of 1985
LWD Low Water Datum based on IGLD85
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec.  Section
U.S.C. United States Code

II. Background, Purpose and Legal Basis

    The Milwaukee River is approximately 104 miles long. Beginning in
Fond du Lac County the river flows easterly to a low head dam just
above the Humboldt Avenue Bridge at mile 3.22 in downtown Milwaukee,
WI. From here the river flows south to Lake Michigan. This southerly
course of the Milwaukee River divides the lakefront area from the rest
of the city. The Menomonee River joins the Milwaukee River at Mile 1.01
with the Kinnickinnic River joining the Milwaukee River at Mile 0.39.
21 bridges cross the Milwaukee River from mile 0.19 to mile 3.22. In
the early 20th Century, the Milwaukee River was heavily used to support
the industries in and around the Great Lakes. Today, the river has been
redeveloped as a tourist and recreational destination. From its
confluence with the Milwaukee River the Menomonee River flows west for
33 miles. The lower three miles of the Menomonee River is passable by
vessels over 600 feet in length. Seven bridges cross the navigable
portion of the Menomonee River.
    The South Menomonee Canal and the Burnham Canal were both excavated
during a waterways improvement project in 1864. Both man-made canals
are tributaries of the Menomonee River branching just above its mouth.
The South Menomonee Canal is crossed by two bridges and the Burnham
Canal is crossed by three bridges. The Kinnickinnic River flows north
through the southern portion of the City of

Milwaukee connecting with the Milwaukee River near Lake Michigan. Only
the lower 2.30 miles of the river have been improved for vessel use.
Five bridges cross the river with the Lincoln Avenue Bridge at the head
of navigation. Freighters up to 1,000 feet in length transfer cargoes
at the confluence of the Kinnickinnic and Milwaukee Rivers. Most of the
recreational vessels in Milwaukee moor in the lake front marinas and
only transit the rivers. Boat yards on the Menomonee and Kinnickinnic
rivers haul out and store most of the recreational vessels in the fall
and winter months and launch the vessels in the spring. This action
contributes to a considerable surge in drawbridge openings in the fall
and spring.
    The following bridges will be included in the proposed rule: The
Union Pacific Railroad Bridge, mile 0.59, over the Milwaukee River with
a vertical clearance in the closed position of 7 feet above internet
Great Lakes Datum of 1985 (IGLD85). The Broadway Street Bridge, mile
0.79, over the Milwaukee River with a vertical clearance in the closed
position of 14 feet above IGLD85. The Water Street Bridge, mile 0.94,
over the Milwaukee River with a vertical clearance in the closed
position of 14 feet above IGLD85. The St. Paul Avenue Bridge, mile
1.21, over the Milwaukee River with a vertical clearance in the closed
position of 14 feet above IGLD85. The Clybourn Street Bridge, mile
1.28, over the Milwaukee River with a vertical clearance in the closed
position of 14 feet above IGLD85. Michigan Street Bridge, mile 1.37,
over the Milwaukee River with a vertical clearance in the closed
position of 12 feet above IGLD85. The Wisconsin Avenue Bridge, mile
1.46, over the Milwaukee River with a vertical clearance in the closed
position of 12 feet above IGLD85. The Wells Street Bridge, mile 1.61,
over the Milwaukee River with a vertical clearance in the closed
position of 12 feet above IGLD85. The Kilbourn Avenue Bridge, mile
1.70, over the Milwaukee River with a vertical clearance in the closed
position of 14 feet above IGLD85. The State Street Bridge, mile 1.79,
over the Milwaukee River with a vertical clearance in the closed
position of 14 feet above IGLD85. The Highland Avenue Pedestrian
Bridge, mile 1.97, over the Milwaukee River with a vertical clearance
in the closed position of 12 feet above IGLD85. The Juneau Avenue
Bridge, mile 2.06, over the Milwaukee River with a vertical clearance
in the closed position of 14 feet above IGLD85. The Knapp Street/Park
Freeway Bridge, mile 2.14, over the Milwaukee River with a vertical
clearance in the closed position of 16 feet above IGLD85. The Cherry
Street Bridge, mile 2.29, over the Milwaukee River with a vertical
clearance in the closed position of 14 feet above IGLD85. The Pleasant
Street Bridge, mile 2.58, over the Milwaukee River with a vertical
clearance in the closed position of 14 feet above IGLD85. The Canadian
Pacific Railroad Bridge, mile 1.05, over the Menomonee River with a
vertical clearance in the closed position of 8 feet above IGLD85. The
North Plankinton Avenue Bridge, mile 1.08, over the Menomonee River
with a vertical clearance in the closed position of 14 feet above
IGLD85. The North Sixth Street Bridge, mile 1.37, over the Menomonee
River with a vertical clearance in the closed position of 23 feet above
IGLD85. The Ember Lane Bridge, mile 1.95, over the Menomonee River with
a vertical clearance in the closed position of 12 feet above IGLD85.
The Sixteenth Street Bridge, mile 2.14, over the Menomonee River with a
vertical clearance in the closed position of 35 feet above IGLD85. The
South Sixth Street Bridge, mile 1.51, over the South Menomonee Canal
with a vertical clearance in the closed position of 8 feet above
IGLD85. The Union Pacific Railroad Bridge, mile 1.19, over the
Kinnickinnic River with a vertical clearance in the closed position of
8 feet above IGLD85. The Kinnickinnic Avenue Bridge, mile 1.67, over
the Kinnickinnic River with a vertical clearance in the closed position
of 8 feet above IGLD85. The Canadian Pacific Railroad Bridge, mile
1.67, over the Kinnickinnic River with a vertical clearance in the
closed position of 15 feet above IGLD85. Finally, the South First
Street Bridge, mile 1.78, over the Kinnickinnic River with a vertical
clearance in the closed position of 14 feet above IGLD85. These bridges
currently operate under Title 33 of the Code of Federal Regulations (33
CFR 117.1093).
    In response to downtown Milwaukee residents' concerns regarding a
pronounced increase in vehicular traffic in the area, the City of
Milwaukee has requested a complete review of the bridge regulations in
this area. Over the years, these regulations have been amended
considerably. This has had the effect of making them difficult to
comprehend to the average person. Additionally, the cyclic higher water
levels over the past 3 years and increased number of passenger vessels
in the downtown area have resulted in significantly more bridge
openings. Finally, the conversion of older business building into
condominiums have increased the evening vehicle traffic causing major
traffic delays when the bridges are lifted. While the Milwaukee River
is the primary concern with residents and mariners, this rulemaking
proposes changes to the language governing bridges in the entire
Milwaukee Harbor area, for the purpose of updating these regulations to
accurately reflect the current operational needs of these bridges and
make them easier to understand by the general public.
    Currently, the Canadian Pacific Railroad Bridge at Mile 1.74 over
the Burnham Canal and the Sixth Street Bridge at Mile 1.37 over the
Menomonee River are closed by regulation and do not need to open for
the passage of vessels. The City of Milwaukee has requested that the
Sixteenth Street Bridge, mile 2.14, over the Menomonee River remain
closed and not open by regulation. No vessels have requested a bridge
opening in at least 10 years and the bridge provides a horizontal
clearance of 120 feet and a vertical clearance of 35 feet above IGLD85,
allowing most vessels to pass under the bridge without an opening. The
Coast Guard is working with the City of Milwaukee to convert the
Sixteenth Street Bridge to a fixed structure.
    Ice has historically hindered or prevented navigation during the
winter months. For the last eight years the Coast Guard has authorized
the drawbridges to open on signal with a 12-hour advance notice of
arrival for vessels from November 19th to April 16th. After careful
review of the drawtender logs provided by the City of Milwaukee, the
Coast Guard proposes to allow all bridges to require a 12-hour advance
notice for openings from November 1st to April 15th each year.
    The City of Milwaukee requested that from 11 p.m. to 7 a.m. daily,
the bridges would open on signal with a 2-hour advance notice. During
these hours the bridges would not be manned and roving drawtenders
would open the bridges for vessels. After reviewing the 2016, 2017, and
2018 drawtender logs it was found that for those hours between April
and November of each year an average of 45 vessels requested openings.
Of these requests an average of 32 openings were between the hours of
11 p.m. and midnight. From midnight to 7 a.m. there were only 13
vessels that requested openings. After reviewing the data we have
concluded that due to a lack of openings from midnight to 7 a.m. that a
two-hour advance notice of arrival for a bridge opening meets the
reasonable needs of navigation.

    The City of Milwaukee also reported receiving several complaints
from residents in the downtown area concerning the noise associated
with the waterfront. To improve the quality of downtown living we
propose to remove the special sound signals listed in the CFR for each
bridge. Mariners would request openings by using the standard sound
signal of one prolonged blast followed by one short blast or by
agreement on VHF-FM Marine Radio or by telephone. From Midnight to 7
a.m. the bridges would require a 2-hour advance notice of arrival
provided by VHF-FM Marine Radio or by telephone thus reducing some of
the noise associated with the waterfront.
    The City of Milwaukee requests to operate the following bridges
remotely: North Plankinton Avenue, mile 1.08, North Sixth Street, mile
1.37, and North Ember Lane, mile 1.95, all over the Menomonee River.
Each remotely operated bridge will have sufficient equipment to operate
as if a drawtender is in attendance at the bridge. No drawtender will
be responsible for monitoring or operating more than 3 drawbridges at
any time. At a minimum each remotely operated drawbridge will have the
capabilities to communicate by 2-way public address system, equipment
capable of making appropriate sound signals as required, and have
adequate camera systems in place to safely operate the bridge. The
current regulation allows for no openings from 7:30 a.m. to 8:30 a.m.
and from 4:30 p.m. to 5:30 p.m. for vehicular rush hours. The city has
requested to start the evening rush hour at 4 p.m. instead of 4:30 p.m.
to help relieve vehicle congestion.

III. Discussion of Proposed Rule

    On April 8, 2020 we published a Temporary Deviation, request for
comments in FR 2020-06822 and we did not receive any comments. We
published a Temporary Final Rule on March 9, 2020 in FR 2020-04659
requesting comments before November 2, 2020. This Temporary Final Rule
allowed the city to test the new schedule and allow residents to
comment all summer.
    Several comments were directed at the operation of the Canadian
Pacific Railroad Bridge, mile 1.05, over the Menomonee River. Most of
the comments were complaints filed on Coast Guard Delay reports that
claims the Canadian Pacific Railroad Bridge, mile 1.05, over the
Menomonee River, did, on August 6, 2020 on or about noon that day fail
to respond to signals for opening and fail to open the bridge within
the 2-hour requirement. The tender stated the request for advance
notice for bridge opening was not passed on by the previous drawtender
and that priority was given to working on a train and not tending to
the bridge. This resulted in three large vessels stuck between bridges
waiting for the railroad bridge to open for two hours and forty-five
minutes past the arrival time provided by the vessels. We received a
separate report that the bridge was out of service for four days, no
report was given to the U.S. Coast Guard Command Center and at least
one vessel was delayed for four days. We received another report that
the bridge was unable to open on October 6, 2020 because the bridge
supervisor directed the drawtender to a different location for the day
and no other operators were available until the following day. We
received a separate report on the same day of October 6, 2020 from a
second vessel that was told railroad had been attempting to call in
another drawtender from 4:30 a.m. to 8:19 a.m. without success and the
bridge would not open for maritime traffic. On or about June 13, 2020
three sailing vessels were observed waiting at the Canadian Pacific
Railroad Bridge at 3:23 p.m. and were not provided an opening until
after 5:30 p.m.
    The second report was a comment submitted to the Regulations.Gov
portal that requested the schedules to return to the original schedules
citing vessels were using excessive speed to go through the river to
make the new schedule. The speed limits in the harbor needs to be
addressed by the agency responsible for posting the speed limits in the
harbor and the author did not consider the needs of all modes of
transportation involved with the decision.
    On March 30, 2021 we received a report from a public vessel that,
the drawtender did inform the vessel that requested an opening that a
new law required the bridge to remain closed if ice was present.
    Our office did engage with residents verbally over the phone on
several occasions to answer questions and encouraged them to leave
comments on the regulations.gov website.

IV. 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 and Executive Orders and we discuss
First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the ability that
vessels can still transit the bridge given advanced notice.

B. 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. While some owners or operators of
vessels intending to transit the bridge may be small entities, for the
reasons stated in section IV.A above this proposed rule would not have
a significant economic impact on any vessel owner or operator.
    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.
    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. 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.

C. 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.).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, Rev.1, associated implementing
instructions, and Environmental Planning Policy COMDTINST 5090.1
(series), which guide the Coast Guard in complying with0 the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). The
Coast Guard 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 proposed rule promulgates the operating
regulations or procedures for drawbridges. Normally such actions are
categorically excluded from further review, under paragraph L49, of
Chapter 3, Table 3-1 of the U.S. Coast Guard Environmental Planning
Implementation Procedures.
    Neither a Record of Environmental Consideration nor a Memorandum
for the Record are 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.

G. 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
    We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and
submissions in response to this document, see DHS's eRulemaking System
of Records notice (85 FR 14226, March 11, 2020).
    Documents mentioned in this NPRM as being available in this docket
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

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; DHS Delegation No.
0170.1.

0
2. Revise Sec.  117.1093 to read as follows:

Sec.  117.1093  Milwaukee, Menomonee, and Kinnickinnic Rivers and South
Menomonee and Burnham Canals.

    (a) The draws of the bridges over the Milwaukee River shall operate
as follows:
    (1) The draws of the North Broadway Street bridge, mile 0.5, and
North Water Street bridge, mile 0.6, and Michigan Street bridge, mile
1.1, shall open on signal; except that, from April 16th through
November 1st, from 7:30 a.m. to 8:30 a.m. and from 4 p.m. to 5:30 p.m.
Monday through Friday, except Federal holidays, the draws need not be
opened, and from midnight to 7 a.m. Monday through Saturday except
Federal holidays the bridges will open on signal if a 2-hour advance
notice is provided.
    (2) The draws of all other bridges across the Milwaukee River shall
open on signal if at least 2-hours' notice is given except that, from
April 16th through November 1st, from 7:30 a.m. to 8:30 a.m. and from 4
p.m. to 5:30 p.m. Monday through Friday, except Federal holidays, the
draws need not be opened.
    (3) The following bridges are remotely operated, are required to
operate a radiotelephone, and shall open as noted in this section; St.
Paul Avenue, mile 1.21, Clybourn Street, mile 1.28, Wells Street, mile
1.61, Kilbourn Street, mile 1.70, State Street, mile 1.79, Highland
Avenue, mile 1.97, and Knapp Street, mile 2.14.
    (4) No vessel documented 12 tons or greater shall be held between
any bridge at any time and must be passed as soon as possible.
    (5) From November 2nd through April 15th, all drawbridges over the
Milwaukee River will open on signal if a 12-hour advance notice is
provided.
    (b) The draws of bridges across the Menomonee River and South
Menomonee Canal operate as follows:
    (1) The draw of the North Plankinton Avenue bridge across the
Menomonee River, mile 1.08, and the Canadian

National Railroad bridge, mile 1.05, shall open on signal; except that,
from April 16th through November 1st, from 7:30 a.m. to 8:30 a.m. and
from 4 p.m. to 5:30 p.m. Monday through Friday, except Federal
holidays, the draws need not be opened, and from midnight to 7 a.m.
Monday through Friday except Federal holidays the bridges will open on
signal if a 2-hour advance notice is provided.
    (2) The draws of all other bridges across the Menomonee River and
South Menomonee Canal shall open on signal if at least 2-hours' notice
is given except that, from April 16th through November 1st, from 7:30
a.m. to 8:30 a.m. and from 4 p.m. to 5:30 p.m. Monday through Friday,
except Federal holidays, the draws need not be opened.
    (3) The following bridges are remotely operated, are required to
operate a radiotelephone, and shall open as noted in this section;
North Plankinton Avenue, mile 1.08, North Sixth Street, mile 1.37, and
North Ember Lane, mile 1.95, all over the Menomonee River and South
Sixth Street, mile 1.51, over the South Menomonee Canal.
    (4) No vessel documented over 12 tons shall be held between any
bridge at any time and must be passed as soon as possible.
    (5) From November 2nd through April 15th, all drawbridges over the
Menomonee River and South Menomonee Canal will open on signal if a 12-
hour advance notice is provided.
    (c) The draws of bridges across the Kinnickinnic River operate as
follows:
    (1) The draw of the Kinnickinnic Avenue bridge, mile 1.5, shall
open on signal; except that, from April 16th through November 1st, from
7:30 a.m. to 8:30 a.m. and from 4 p.m. to 5:30 p.m. Monday through
Friday, except Federal holidays, the draws need not be opened, and from
midnight to 7 a.m. Monday through Friday, except Federal holidays, the
bridges will open on signal if a 2-hour advance notice is provided.
    (2) The draws of all other bridges across the Kinnickinnic River
shall open on signal if at least 2-hours' notice is given except that,
from April 16th through November 1st, from 7:30 a.m. to 8:30 a.m. and
from 4 p.m. to 5:30 p.m. Monday through Friday, except Federal
holidays, the draws need not be opened.
    (3) The following bridges are remotely operated, are required to
operate a radiotelephone, and shall open as noted in this section; The
South First Street Bridge, mile 1.78.
    (4) No vessel documented over 12 tons shall be held between any
bridge at any time and must be passed as soon as possible. (5) From
November 2nd through April 15th, all drawbridges over the Kinnickinnic
River will open on signal if a 12-hour advance notice is provided.
    (d) The Canadian Pacific Railroad Bridge at Mile 1.74 over the
Burnham Canal, and the Sixteenth Street Bridge, mile 2.14, over the
Menomonee River are closed by regulation and do not need to open for
the passage of vessels.

    Dated: April 2, 2021.
D.L. Cottrell,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2021-07990 Filed 4-16-21; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 80, Number 216 (Monday, November 9, 2015)]
[Notices]
[Page 69204]
[FR Doc No: 2015-28420]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP16-11-000]

Transwestern Pipeline Company, LLC; Notice of Prior Notice
Request Under Blanket Authorization

    Take notice that on October 23, 2015, Transwestern Pipeline
Company, LLC (Transwestern) filed in Docket No. CP16-11-000, a prior
notice request pursuant to sections 157.205, 157.206, 157.208 and
157.210 subpart F blanket certificate of the Federal Energy Regulatory
Commission's (Commission) regulations under the Natural Gas Act (NGA)
and Transwestern's blanket authorizations issued in Docket Nos. CP82-
534-000, CP88-133-000. Southwest seeks authorization to construct, own,
operate, and maintain 14.67 miles of 16-inch pipeline, one meter
station, and other ancillary facilities in Eddy and Lea Counties, New
Mexico, to receive up to 200,000 Mcf per day of natural gas from a new
cryogenic natural gas processing plant, as part of the Malaga Lateral
Project (Project) in Eddy County, New Mexico, all as more fully set
forth in the application which is on file with the Commission and open
for public inspection. The cost of the Project is estimated to be $23
million. The filing may also be viewed on the web at http://www.ferc.gov using the ``eLibrary'' link. Enter the docket number
excluding the last three digits in the docket number field to access
the document. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TTY,
(202) 502-8659.
    Any questions concerning this application may be directed to: Mr.
Kelly Allen, Manager, Certificates and Reporting, Transwestern Pipeline
Company, LLC, 1300 Main Street, Houston, Texas 77002, by phone at (713)
989-2606, or fax<PHONE_NUMBER> or email at
<EMAIL_ADDRESS>    Any person may, within 60 days after the issuance of the instant
notice by the Commission, file pursuant to Rule 214 of the Commission's
Procedural Rules (18 CFR 385.214) a motion to intervene or notice of
intervention. Any person filing to intervene or the Commission's staff
may, pursuant to section 157.205 of the Commission's Regulations under
the NGA (18 CFR 157.205) file a protest to the request. If no protest
is filed within the time allowed therefore, the proposed activity shall
be deemed to be authorized effective the day after the time allowed for
protest. If a protest is filed and not withdrawn within 30 days after
the time allowed for filing a protest, the instant request shall be
treated as an application for authorization pursuant to section 7 of
the NGA.
    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenters will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commenters will not be required to serve copies of filed
documents on all other parties. However, the non-party commenters will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests, and interventions via the internet in lieu of paper. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site (www.ferc.gov) under the ``e-Filing'' link. Persons unable to file
electronically should submit an original and 5 copies of the protest or
intervention to the Federal Energy regulatory Commission, 888 First
Street NE., Washington, DC 20426.

    Dated: November 3, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-28420 Filed 11-6-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 161 (Tuesday, August 20, 2019)]
[Notices]
[Pages 43153-43154]
[FR Doc No: 2019-17941]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2019-0572]

Certificates of Alternative Compliance for the EAGLE II and Q-
OCEAN SERVICE

AGENCY: Coast Guard, DHS.

ACTION: Notification of issuance of a certificate of alternative
compliance.

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SUMMARY: The Coast Guard announces that the Chief of Prevention
Division, Seventh District has issued a certificate of alternative
compliance from the International Regulations for Preventing Collisions
at Sea, 1972 (72 COLREGS), for the EAGLE II (O.N. 1294433) and Q-OCEAN
SERVICE (O.N. 1284182). We are issuing this notice because its
publication is required by statute. Due to the construction and
placement of the masthead light, stern light, and sidelights, EAGLE II
cannot fully comply with the light, shape, or sound signal provisions
of the 72 COLREGS without interfering with the vessel's design and
construction. Due to the construction and placement of the sidelights,
Q-OCEAN SERVICE cannot fully comply with the light, shape, or sound
signal provisions of the 72 COLREGS without interfering with the
vessel's special function. This notification of the issuance of these
certificates of alternative compliance promotes the Coast Guard's
marine safety mission.

DATES: The Certificates of Alternative Compliance for the EAGLE II and
Q-OCEAN QUEEN SERVICE were issued on July 29, 2019.

FOR FURTHER INFORMATION CONTACT: For information or questions about
this notice call or email LCDR Dale Cressman, D7 dpi, U.S. Coast Guard,
305-415-7148<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The United States is signatory to the
International Maritime Organization's International Regulations for
Preventing Collisions at Sea, 1972 (72 COLREGS), as amended. The
special construction or purpose of some vessels makes them unable to
comply with the light, shape, or sound signal provisions of the 72
COLREGS. Under statutory law, however, specified 72 COLREGS provisions
are not applicable to a vessel of special construction or purpose if
the Coast Guard determines that the vessel cannot comply fully with
those requirements without interfering with the special function of the
vessel.\1\
---------------------------------------------------------------------------

    \1\ 33 U.S.C. 1605.
---------------------------------------------------------------------------

    The owner, builder, operator, or agent of a special construction or
purpose vessel may apply to the Coast Guard District Office in which
the vessel is being built or operated for a determination that
compliance with alternative requirements is justified,\2\ and the Chief
of the Prevention Division would then issue the applicant a certificate
of alternative compliance (COAC) if he or she determines that the

vessel cannot comply fully with 72 COLREGS light, shape, and sound
signal provisions without interference with the vessel's special
function.\3\ If the Coast Guard issues a COAC, it must publish notice
of this action in the Federal Register.\4\
---------------------------------------------------------------------------

    \2\ 33 CFR 81.5.
    \3\ 33 CFR 81.9.
    \4\ 33 U.S.C. 1605(c) and 33 CFR 81.18.
---------------------------------------------------------------------------

    The Chief of Prevention Division, Seventh District, U.S. Coast
Guard, certifies that the EAGLE II (O.N. 1294433) is a vessel of
special construction or purpose, and that, with respect to the
positions of the masthead light, stern light, and sidelights, it is not
possible to comply fully with the requirements of the provisions
enumerated in the 72 COLREGS, without interfering with the normal
operation, construction, or design of the vessel's car deck. The Chief
of Prevention Division, Seventh District, U.S. Coast Guard, further
finds and certifies that the lights are configured in closest possible
compliance with the applicable provisions of the 72 COLREGS.\5\
---------------------------------------------------------------------------

    \5\ 33 U.S.C. 1605(a); 33 CFR 81.9.
---------------------------------------------------------------------------

    The Chief of Prevention Division, Seventh District, U.S. Coast
Guard, certifies that the Q-OCEAN SERVICE (O.N. 1284182) is a vessel of
special construction or purpose, and that, with respect to the
positions of the sidelights, it is not possible to comply fully with
the requirements of the provisions enumerated in the 72 COLREGS,
without interfering with the normal operation, construction, or design
of the vessel's primary function as a tug. The Chief of Prevention
Division, Seventh District, U.S. Coast Guard, further finds and
certifies that the lights are configured in closest possible compliance
with the applicable provisions of the 72 COLREGS.\6\
---------------------------------------------------------------------------

    \6\ 33 U.S.C. 1605(a); 33 CFR 81.9.
---------------------------------------------------------------------------

    This notice is issued under authority of 33 U.S.C. 1605(c) and 33
CFR 81.18.

    Dated: July 29, 2019
J.D. Espino-Young,
Captain, U.S. Coast Guard, Chief, Prevention Division, Seventh Coast
Guard District.
[FR Doc. 2019-17941 Filed 8-19-19; 8:45 am]
 BILLING CODE 9110-04-P


"Johansson, Robert"<EMAIL_ADDRESS> 06/07/2007 03:09 PM

To

Lydia Wegman/RTP/USEPA/US@EPA

cc

Subject

table 1 sample

________________________________________________

Robert Johansson, Ph.D.

OMB/OIRA/NREA

725 17th St. NW, Room 10202

Washington, DC 20503

(P)<PHONE_NUMBER>

(F)<PHONE_NUMBER>

(E<EMAIL_ADDRESS>