[Federal Register Volume 77, Number 141 (Monday, July 23, 2012)]
[Rules and Regulations]
[Pages 43004-43008]
[FR Doc No: 2012-17810]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2012-0003; Internal Agency Docket No. FEMA-8239]

Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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SUMMARY: This rule identifies communities where the sale of flood
insurance has been authorized under the National Flood Insurance
Program (NFIP) that are scheduled for suspension on the effective dates
listed within this rule because of noncompliance with the floodplain
management requirements of the program. If the Federal Emergency
Management Agency (FEMA) receives documentation that the community has
adopted the required floodplain management measures prior to the
effective suspension date given in this rule, the suspension will not
occur and a notice of this will be provided by publication in the
Federal Register on a subsequent date.

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

FOR FURTHER INFORMATION CONTACT: If you want to determine whether a
particular community was suspended on the suspension date or for
further information, contact David Stearrett, Federal Insurance and
Mitigation Administration, Federal Emergency Management Agency, 500 C
Street SW., Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase
Federal flood insurance that is not otherwise generally available from
private insurers. In return, communities agree to adopt and administer
local floodplain management measures aimed at protecting lives and new
construction from future flooding. Section 1315 of the National Flood
Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits the sale
of NFIP flood insurance unless an appropriate public body adopts
adequate floodplain management measures with effective enforcement
measures. The communities listed in this document no longer meet that
statutory requirement for compliance with program regulations, 44 CFR
part 59. Accordingly, the communities will be suspended on the
effective date in the third column. As of that date, flood insurance
will no longer be available in the community. We recognize that some of
these communities may adopt and submit the required documentation of
legally enforceable floodplain management measures after this rule is
published but prior to the actual suspension date. These communities
will not be suspended and will continue to be eligible for the sale of
NFIP flood insurance. A notice withdrawing the suspension of such
communities will be published in the Federal Register.
    In addition, FEMA publishes a Flood Insurance Rate Map (FIRM) that
identifies the Special Flood Hazard Areas (SFHAs) in these communities.
The date of the FIRM, if one has been published, is indicated in the
fourth column of the table. No direct Federal financial assistance
(except assistance pursuant to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act not in connection with a flood) may be
provided for construction or acquisition of buildings in identified
SFHAs for communities not participating in the NFIP and identified for
more than a year on FEMA's initial FIRM for the community as having
flood-prone areas (section 202(a) of the Flood Disaster Protection Act
of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against
certain types of Federal assistance becomes effective for the
communities listed on the date shown in the last column. The
Administrator finds that notice and public comment procedures under 5
U.S.C. 553(b), are impracticable and unnecessary because communities
listed in this final rule have been adequately notified.
    Each community receives 6-month, 90-day, and 30-day notification
letters addressed to the Chief Executive Officer stating that the
community will be suspended unless the required floodplain management
measures are met prior to the effective suspension date. Since these
notifications were made, this final rule may take effect within less
than 30 days.
    National Environmental Policy Act. This rule is categorically
excluded from the requirements of 44 CFR part 10, Environmental
Considerations. No environmental impact assessment has been prepared.
    Regulatory Flexibility Act. The Administrator has determined that
this rule is exempt from the requirements of the Regulatory Flexibility
Act because the National Flood Insurance Act of 1968, as amended,
Section 1315, 42 U.S.C. 4022, prohibits flood insurance coverage unless
an appropriate public body adopts adequate floodplain management
measures with effective enforcement measures. The communities listed no
longer comply with the statutory requirements, and after the effective
date, flood insurance will no longer be available in the communities
unless remedial action takes place.
    Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This rule involves no policies
that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This rule meets the
applicable standards of Executive Order 12988.
    Paperwork Reduction Act. This rule does not involve any collection
of information for purposes of the Paperwork Reduction Act, 44 U.S.C.
3501 et seq.

List of Subjects in 44 CFR Part 64

    Flood insurance, Floodplains.

    Accordingly, 44 CFR part 64 is amended as follows:

PART 64--[AMENDED]

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

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

Sec.  64.6  [Amended]

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

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

Pennsylvania:
    Braintrim, Township of,          421008  November 14, 1973,   Aug. 2, 2012..........  Aug. 2, 2012.
     Wyoming County.                          Emerg; May 15,
                                              1980, Reg; August
                                              2, 2012, Susp.
    Clinton, Township of,            422197  April 13, 1978,      ......do*.............   Do.
     Wyoming County.                          Emerg; July 3,
                                              1990, Reg; August
                                              2, 2012, Susp.
    Conewago, Township of,           422406  February 10, 1981,   ......do..............   Do.
     Dauphin County.                          Emerg; April 30,
                                              1986, Reg; August
                                              2, 2012, Susp.
    Dauphin, Borough of,             420375  March 16, 1973,      ......do..............   Do.
     Dauphin County.                          Emerg; April 15,
                                              1977, Reg; August
                                              2, 2012, Susp.
    Derry, Township of, Dauphin      420376  January 12, 1973,    ......do..............   Do.
     County.                                  Emerg; September
                                              30, 1977, Reg;
                                              August 2, 2012,
                                              Susp.
    East Hanover, Township of,       420377  May 7, 1973, Emerg;  ......do..............   Do.
     Dauphin County.                          January 16, 1980,
                                              Reg; August 2,
                                              2012, Susp.
    Eaton, Township of, Wyoming      420909  July 27, 1973,       ......do..............   Do.
     County.                                  Emerg; May 1,
                                              1980, Reg; August
                                              2, 2012, Susp.
    Elizabethville, Borough of,      420378  October 17, 1974,    ......do..............   Do.
     Dauphin County.                          Emerg; June 25,
                                              1976, Reg; August
                                              2, 2012, Susp.
    Exeter, Township of,             420911  January 19, 1973,    ......do..............   Do.
     Wyoming County.                          Emerg; February 1,
                                              1980, Reg; August
                                              2, 2012, Susp.
    Factoryville, Borough of,        420912  August 14, 1975,     ......do..............   Do.
     Wyoming County.                          Emerg; January 17,
                                              1990, Reg; August
                                              2, 2012, Susp.
    Falls, Township of, Wyoming      422198  December 27, 1974,   ......do..............   Do.
     County.                                  Emerg; July 3,
                                              1990, Reg; August
                                              2, 2012, Susp.
    Forkston, Township of,           422199  October 15, 1975,    ......do..............   Do.
     Wyoming County.                          Emerg; August 1,
                                              1987, Reg; August
                                              2, 2012, Susp.
    Halifax, Borough of,             420379  January 17, 1974,    ......do..............   Do.
     Dauphin County.                          Emerg; September
                                              5, 1979, Reg;
                                              August 2, 2012,
                                              Susp.
    Halifax, Township of,            421592  June 17, 1975,       ......do..............   Do.
     Dauphin County.                          Emerg; November 3,
                                              1982, Reg; August
                                              2, 2012, Susp.
    Harrisburg, City of,             420380  April 21, 1972,      ......do..............   Do.
     Dauphin County.                          Emerg; May 2,
                                              1977, Reg; August
                                              2, 2012, Susp.
    Highspire, Borough of,           420381  November 10, 1972,   ......do..............   Do.
     Dauphin County.                          Emerg; April 15,
                                              1977, Reg; August
                                              2, 2012, Susp.
    Hummelstown, Borough of,         420382  March 30, 1973,      ......do..............   Do.
     Dauphin County.                          Emerg; March 15,
                                              1977, Reg; August
                                              2, 2012, Susp.
    Jackson, Township of,            421593  February 5, 1981,    ......do..............   Do.
     Dauphin County.                          Emerg; October 15,
                                              1985, Reg; August
                                              2, 2012, Susp.
    Jefferson, Township of,          421594  February 11, 1976,   ......do..............   Do.
     Dauphin County.                          Emerg; October 15,
                                              1982, Reg; August
                                              2, 2012, Susp.
    Laceyville, Borough of,          420913  April 2, 1974,       ......do..............   Do.
     Wyoming County.                          Emerg; May 15,
                                              1980, Reg; August
                                              2, 2012, Susp.
    Lemon, Township of, Wyoming      422200  July 2, 1979,        ......do..............   Do.
     County.                                  Emerg; July 1,
                                              1987, Reg; August
                                              2, 2012, Susp.
    Londonderry, Township of,        420383  March 30, 1973,      ......do..............   Do.
     Dauphin County.                          Emerg; March 18,
                                              1980, Reg; August
                                              2, 2012, Susp.
    Lower Swatara, Township of,      420385  November 3, 1972,    ......do..............   Do.
     Dauphin County.                          Emerg; April 15,
                                              1977, Reg; August
                                              2, 2012, Susp.
    Lykens, Borough of, Dauphin      420386  March 9, 1973,       ......do..............   Do.
     County.                                  Emerg; September
                                              3, 1980, Reg;
                                              August 2, 2012,
                                              Susp.
    Lykens, Township of,             421595  January 20, 1976,    ......do..............   Do.
     Dauphin County.                          Emerg; October 15,
                                              1985, Reg; August
                                              2, 2012, Susp.
    Mehoopany, Township of,          422201  August 21, 1975,     ......do..............   Do.
     Wyoming County.                          Emerg; July 3,
                                              1990, Reg; August
                                              2, 2012, Susp.
    Meshoppen, Borough of,           420914  July 25, 1973,       ......do..............   Do.
     Wyoming County.                          Emerg; September
                                              16, 1981, Reg;
                                              August 2, 2012,
                                              Susp.
    Meshoppen, Township of,          421009  January 16, 1974,    ......do..............   Do.
     Wyoming County.                          Emerg; February
                                              15, 1980, Reg;
                                              August 2, 2012,
                                              Susp.
    Middle Paxton, Township of,      420387  March 2, 1973,       ......do..............   Do.
     Dauphin County.                          Emerg; August 15,
                                              1979, Reg; August
                                              2, 2012, Susp.
    Middletown, Borough of,          420388  October 13, 1972,    ......do..............   Do.
     Dauphin County.                          Emerg; December
                                              28, 1976, Reg;
                                              August 2, 2012,
                                              Susp.

    Mifflin, Township of,            421596  May 9, 1975, Emerg;  ......do..............   Do.
     Dauphin County.                          June 25, 1976,
                                              Reg; August 2,
                                              2012, Susp.
    Millersburg, Borough of,         420389  May 9, 1973, Emerg;  ......do..............   Do.
     Dauphin County.                          August 15, 1980,
                                              Reg; August 2,
                                              2012, Susp.
    Monroe, Township of,             421186  November 5, 1975,    ......do..............   Do.
     Wyoming County.                          Emerg; July 3,
                                              1990, Reg; August
                                              2, 2012, Susp.
    Nicholson, Borough of,           420915  March 6, 1975,       ......do..............   Do.
     Wyoming County.                          Emerg; March 1,
                                              1987, Reg; August
                                              2, 2012, Susp.
    Nicholson, Township of,          422202  December 31, 1975,   ......do..............   Do.
     Wyoming County.                          Emerg; July 1,
                                              1987, Reg; August
                                              2, 2012, Susp.
    North Branch, Township of,       422203  September 7, 1979,   ......do..............   Do.
     Wyoming County.                          Emerg; August 1,
                                              1987, Reg; August
                                              2, 2012, Susp.
    Northmoreland, Township of,      422204  August 27, 1979,     ......do..............   Do.
     Wyoming County.                          Emerg; July 1,
                                              1987, Reg; August
                                              2, 2012, Susp.
    Noxen, Township of, Wyoming      422205  September 17, 1975,  ......do..............   Do.
     County.                                  Emerg; April 1,
                                              1987, Reg; August
                                              2, 2012, Susp.
    Overfield, Township of,          422568  February 13, 1980,   ......do..............   Do.
     Wyoming County.                          Emerg; June 1,
                                              1987, Reg; August
                                              2, 2012, Susp.
    Paxtang, Borough of,             420390  February 2, 1973,    ......do..............   Do.
     Dauphin County.                          Emerg; March 18,
                                              1980, Reg; August
                                              2, 2012, Susp.
    Reed, Township of, Dauphin       420393  April 4, 1973,       ......do..............   Do.
     County.                                  Emerg; November 1,
                                              1979, Reg; August
                                              2, 2012, Susp.
    Royalton, Borough of,            420394  March 16, 1973,      ......do..............   Do.
     Dauphin County.                          Emerg; April 15,
                                              1977, Reg; August
                                              2, 2012, Susp.
    Rush, Township of, Dauphin       421597  March 9, 1976,       ......do..............   Do.
     County.                                  Emerg; August 19,
                                              1985, Reg; August
                                              2, 2012, Susp.
    South Hanover, Township of,      420395  March 30, 1973,      ......do..............   Do.
     Dauphin County.                          Emerg; May 2,
                                              1977, Reg; August
                                              2, 2012, Susp.
    Susquehanna, Township of,        420397  October 29, 1971,    ......do..............   Do.
     Dauphin County.                          Emerg; April 15,
                                              1977, Reg; August
                                              2, 2012, Susp.
    Swatara, Township of,            420398  April 16, 1973,      ......do..............   Do.
     Dauphin County.                          Emerg; February 3,
                                              1982, Reg; August
                                              2, 2012, Susp.
    Tunkhannock, Borough of,         420917  April 18, 1973,      ......do..............   Do.
     Wyoming County.                          Emerg; December
                                              18, 1979, Reg;
                                              August 2, 2012,
                                              Susp.
    Tunkhannock, Township of,        422206  June 9, 1975,        ......do..............   Do.
     Wyoming County.                          Emerg; July 15,
                                              1988, Reg; August
                                              2, 2012, Susp.
    Upper Paxton, Township of,       420399  April 5, 1973,       ......do..............   Do.
     Dauphin County.                          Emerg; September
                                              5, 1979, Reg;
                                              August 2, 2012,
                                              Susp.
    Washington, Township of,         421598  January 20, 1976,    ......do..............   Do.
     Dauphin County.                          Emerg; December
                                              17, 1987, Reg;
                                              August 2, 2012,
                                              Susp.
    Washington, Township of,         422207  August 27, 1979,     ......do..............   Do.
     Wyoming County.                          Emerg; July 3,
                                              1990, Reg; August
                                              2, 2012, Susp.
    West Hanover, Township of,       421600  September 20, 1974,  ......do..............   Do.
     Dauphin County.                          Emerg; March 18,
                                              1980, Reg; August
                                              2, 2012, Susp.
    Wiconisco, Township of,          421030  September 26, 1973,  ......do..............   Do.
     Dauphin County.                          Emerg; April 15,
                                              1981, Reg; August
                                              2, 2012, Susp.
    Williams, Township of,           421601  September 27, 1976,  ......do..............   Do.
     Dauphin County.                          Emerg; October 15,
                                              1985, Reg; August
                                              2, 2012, Susp.
    Windham, Township of,            422208  December 30, 1975,   ......do..............   Do.
     Wyoming County.                          Emerg; September
                                              4, 1987, Reg;
                                              August 2, 2012,
                                              Susp.
Virginia:
    Chilhowie, Town of, Smyth        510185  January 15, 1974,    ......do..............   Do.
     County.                                  Emerg; June 15,
                                              1978, Reg; August
                                              2, 2012, Susp.
    Colonial Heights, City of,       510039  June 18, 1975,       ......do..............   Do.
     Independent City.                        Emerg; September
                                              2, 1981, Reg;
                                              August 2, 2012,
                                              Susp.
    Marion, Town of, Smyth           510223  October 24, 1974,    ......do..............   Do.
     County.                                  Emerg; November 1,
                                              1979, Reg; August
                                              2, 2012, Susp.
    Saltville, Town of, Smyth        510191  January 15, 1974,    ......do..............   Do.
     County.                                  Emerg; March 1,
                                              1978, Reg; August
                                              2, 2012, Susp.
    Smyth County,                    510184  December 26, 1973,   ......do..............   Do.
     Unincorporated Areas.                    Emerg; May 15,
                                              1980, Reg; August
                                              2, 2012, Susp.
West Virginia:
    Elizabeth, Town of, Wirt         540212  June 9, 1975,        ......do..............   Do.
     County.                                  Emerg; January 17,
                                              1991, Reg; August
                                              2, 2012, Susp.
    Wirt County, Unincorporated      540211  January 19, 1976,    ......do..............   Do.
     Areas.                                   Emerg; April 1,
                                              1988, Reg; August
                                              2, 2012, Susp.

            Region V

Illinois:
    Carbon Hill, Village of,         170257  August 21, 1975,     ......do..............   Do.
     Grundy County.                           Emerg; September
                                              4, 1985, Reg;
                                              August 2, 2012,
                                              Susp.

    Channahon, Village of,           170698  September 12, 1975,  ......do..............   Do.
     Grundy County.                           Emerg; February
                                              15, 1983, Reg;
                                              August 2, 2012,
                                              Susp.
    Coal City, Village of,           170258  April 23, 1975,      ......do..............   Do.
     Grundy County.                           Emerg; May 25,
                                              1978, Reg; August
                                              2, 2012, Susp.
    Diamond, Village of, Grundy      170259  March 7, 1975,       ......do..............   Do.
     County.                                  Emerg; May 25,
                                              1978, Reg; August
                                              2, 2012, Susp.
    Dwight, Village of, Grundy       170423  August 9, 1974,      ......do..............   Do.
     County.                                  Emerg; November 1,
                                              1990, Reg; August
                                              2, 2012, Susp.
    East Brooklyn, Village of,       170873  June 24, 1981,       ......do..............   Do.
     Grundy County.                           Emerg; July 9,
                                              1982, Reg; August
                                              2, 2012, Susp.
    Gardner, Village of, Grundy      170261  April 8, 1985,       ......do..............   Do.
     County.                                  Emerg; April 8,
                                              1985, Reg; August
                                              2, 2012, Susp.
    Grundy County,                   170256  June 11, 1974,       ......do..............   Do.
     Unincorporated Areas.                    Emerg; July 18,
                                              1985, Reg; August
                                              2, 2012, Susp.
    Mazon, Village of, Grundy        170262  August 12, 1975,     ......do..............   Do.
     County.                                  Emerg; September
                                              27, 1985, Reg;
                                              August 2, 2012,
                                              Susp.
    Minooka, Village of, Grundy      171019  N/A, Emerg; March    ......do..............   Do.
     County.                                  12, 1992, Reg;
                                              August 2, 2012,
                                              Susp.
    Morris, City of, Grundy          170263  July 25, 1974,       ......do..............   Do.
     County.                                  Emerg; December
                                              18, 1984, Reg;
                                              August 2, 2012,
                                              Susp.
    Seneca, Village of, Grundy       170407  May 9, 1975, Emerg;  ......do..............   Do.
     County.                                  February 1, 1985,
                                              Reg; August 2,
                                              2012, Susp.
    South Wilmington, Village        171013  March 4, 1988,       ......do..............   Do.
     of, Grundy County.                       Emerg; March 4,
                                              1988, Reg; August
                                              2, 2012, Susp.
Indiana:
    Boonville, City of, Warrick      180273  June 25, 1982,       ......do..............   Do.
     County.                                  Emerg; June 25,
                                              1982, Reg; August
                                              2, 2012, Susp.
    Chandler, Town of, Warrick       180274  April 2, 1976,       ......do..............   Do.
     County.                                  Emerg; September
                                              28, 1979, Reg;
                                              August 2, 2012,
                                              Susp.
    Newburgh, Town of, Warrick       180276  January 12, 1973,    ......do..............   Do.
     County.                                  Emerg; May 17,
                                              1982, Reg; August
                                              2, 2012, Susp.
    Tennyson, Town of, Warrick       180350  N/A, Emerg;          ......do..............   Do.
     County.                                  November 13, 2008,
                                              Reg; August 2,
                                              2012, Susp.
    Warrick County,                  180418  April 11, 1975,      ......do..............   Do.
     Unincorporated Areas.                    Emerg; May 17,
                                              1982, Reg; August
                                              2, 2012, Susp.

           Region VI

Texas:
    Mineral Wells, City of,          480517  March 3, 1972,       ......do..............   Do.
     Palo Pinto and Parker                    Emerg; December 1,
     Counties.                                1977, Reg; August
                                              2, 2012, Susp.
    Mingus, City of, Palo Pinto      480518  January 28, 1998,    ......do..............   Do.
     County.                                  Emerg; September
                                              1, 2004, Reg;
                                              August 2, 2012,
                                              Susp.
    Palo Pinto County,               480516  November 6, 1981,    ......do..............   Do.
     Unincorporated Areas.                    Emerg; December
                                              19, 1984, Reg;
                                              August 2, 2012,
                                              Susp.
    Strawn, City of, Palo Pinto      480965  May 20, 1987,        ......do..............   Do.
     County.                                  Emerg; November 1,
                                              1989, Reg; August
                                              2, 2012, Susp.

           Region VII

Iowa:
    Fertile, City of, Worth          190301  March 19, 1976,      ......do..............   Do.
     County.                                  Emerg; August 4,
                                              1987, Reg; August
                                              2, 2012, Susp.
    Hanlontown, City of, Worth       190833  August 3, 2011,      ......do..............   Do.
     County.                                  Emerg; N/A, Reg;
                                              August 2, 2012,
                                              Susp.
    Manly, City of, Worth            190834  June 15, 2001,       ......do..............   Do.
     County.                                  Emerg; May 1,
                                              2011, Reg; August
                                              2, 2012, Susp.
    Worth County,                    190916  August 4, 2011,      ......do..............   Do.
     Unincorporated Areas.                    Emerg; N/A, Reg;
                                              August 2, 2012,
                                              Susp.
Missouri:
    Aurora, City of, Lawrence        290199  December 3, 1974,    ......do..............   Do.
     County.                                  Emerg; September
                                              15, 1978, Reg;
                                              August 2, 2012,
                                              Susp.
    Cobalt Village, Village of,      290601  February 12, 1985,   ......do..............   Do.
     Madison County.                          Emerg; July 2,
                                              1987, Reg; August
                                              2, 2012, Susp.
    Mount Vernon, City of,           290202  April 14, 1975,      ......do..............   Do.
     Lawrence County.                         Emerg; February 4,
                                              1981, Reg; August
                                              2, 2012, Susp.
    Pierce City, City of,            290203  May 6, 1975, Emerg;  ......do..............   Do.
     Lawrence County.                         December 28, 1993,
                                              Reg; August 2,
                                              2012, Susp.

          Region VIII

Utah:
    Salt Lake City, City of,         490105  May 28, 1974,        ......do..............   Do.
     Salt Lake County.                        Emerg; August 1,
                                              1983, Reg; August
                                              2, 2012, Susp.

    South Salt Lake, City of,        490219  May 23, 1975,        ......do..............   Do.
     Salt Lake County.                        Emerg; December
                                              18, 1985, Reg;
                                              August 2, 2012,
                                              Susp.
----------------------------------------------------------------------------------------------------------------
*do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.

    Dated: July 11, 2012.
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation
Administration, Department of Homeland Security, Federal Emergency
Management Agency.
[FR Doc. 2012-17810 Filed 7-20-12; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 87, Number 15 (Monday, January 24, 2022)]
[Rules and Regulations]
[Pages 3422-3423]
[FR Doc No: 2022-01256]

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

Federal Aviation Administration

14 CFR Part 97

[Docket No. 31410; Amdt. No. 3992]

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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

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

DATES: This rule is effective January 24, 2022. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of January 24, 2022.

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

For Examination

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

Availability

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

FOR FURTHER INFORMATION CONTACT: Thomas J. Nichols, Flight Procedures
and Airspace Group, Flight Technologies and Procedures Division, Flight
Standards Service, Federal Aviation Administration. Mailing Address:
FAA, Mike Monroney Aeronautical Center, Flight Procedures and Airspace
Group, 6500 South MacArthur Blvd., Registry Bldg. 29, Room 104,
Oklahoma City, OK 73169. Telephone:<PHONE_NUMBER>.

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

Availability and Summary of Material Incorporated by Reference

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

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP and Takeoff Minimums and ODP as amended in the
transmittal. For safety and timeliness of change considerations, this
amendment incorporates only specific changes contained for each SIAP
and Takeoff Minimums and ODP as modified by FDC permanent NOTAMs.
    The SIAPs and Takeoff Minimums and ODPs, as modified by FDC
permanent NOTAM, and contained in this amendment are based on criteria
contained in the U.S. Standard for Terminal Instrument Procedures
(TERPS). In developing these changes to SIAPs and Takeoff Minimums and
ODPs, the TERPS criteria were applied only to specific conditions
existing at the affected airports. All SIAP amendments in this rule
have been previously issued by the FAA in a FDC NOTAM as an emergency
action of immediate flight safety relating directly to published
aeronautical charts.
    The circumstances that created the need for these SIAP and Takeoff
Minimums and ODP amendments require making them effective in less than
30 days.
    Because of the close and immediate relationship between these
SIAPs, Takeoff Minimums and ODPs, and safety in air commerce, I find
that notice

and public procedure under 5 U.S.C. 553(b) are impracticable and
contrary to the public interest and, where applicable, under 5 U.S.C.
553(d), good cause exists for making these SIAPs effective in less than
30 days.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air traffic control, Airports, Incorporation by reference,
Navigation (air).

    Issued in Washington, DC, on January 7, 2022.
Thomas J. Nichols,
Aviation Safety, Flight Standards Service, Manager, Standards Section,
Flight Procedures & Airspace Group, Flight Technologies & Procedures
Division.

Adoption of the Amendment

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

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

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

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

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

Effective Upon Publication

--------------------------------------------------------------------------------------------------------------------------------------------------------
      AIRAC date           State              City                 Airport          FDC No.      FDC date                      Subject
--------------------------------------------------------------------------------------------------------------------------------------------------------
24-Feb-22............  MS             Yazoo City..........  Yazoo County........       1/0856     12/14/21  RNAV (GPS) RWY 17, Orig-A.
24-Feb-22............  TN             Sevierville.........  Gatlinburg-Pigeon          1/2717     12/16/21  RNAV (GPS) RWY 10, Orig-A.
                                                             Forge.
24-Feb-22............  TN             Sevierville.........  Gatlinburg-Pigeon          1/2719     12/16/21  VOR/DME RWY 10, Amdt 6A.
                                                             Forge.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2022-01256 Filed 1-21-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 100 (Tuesday, May 24, 2011)]
[Notices]
[Pages 30232-30235]
[FR Doc No: 2011-12760]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2007-28043]

Hours of Service (HOS) of Drivers; Application of American
Pyrotechnics Association (APA) for Exemption From the 14-Hour Rule
During Independence Day Celebrations

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

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

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

SUMMARY: The American Pyrotechnics Association (APA) has applied for a
limited exemption from FMCSA's regulation that drivers of commercial
motor vehicles (CMVs) may not drive after the 14th hour after coming on
duty. The exemption would apply solely to the operation of CMVs by 9
designated APA-member motor carriers in conjunction with staging
fireworks shows celebrating Independence Day during the periods June
28--July 8, 2011, and June 28--July 8, 2012, inclusive. During these
two periods, the approximately 375 CMVs and drivers employed by these 9
APA-member motor carriers would be allowed to exclude off-duty and
sleeper-berth time

of any length from the calculation of the 14 hours. These drivers would
not be allowed to drive after accumulating a total of 14 hours of on-
duty time, following 10 consecutive hours off duty, and would continue
to be subject to the 11-hour driving time limit, and the 60- and 70-
hour on-duty limits. The APA maintains that the terms and conditions of
the limited exemption would ensure a level of safety equivalent to, or
greater than, the level of safety achieved without the exemption.

DATES: Comments must be received on or before June 14, 2011. This
exemption would be effective during the periods of June 28, 2011,
through July 8, 2011, inclusive, and June 28, 2012, through July 8,
2012, inclusive. The exemption would expire on July 9, 2012.

ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2007-28043 by any of the following
methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. In the ENTER KEYWORD OR ID box enter FMCSA-2007-
28043 and click on the tab labeled SEARCH. On the ensuing page, click
on any tab labeled SUBMIT A COMMENT on the extreme right of the page
and a page should open that is titled ``Submit a Comment.'' You may
identify yourself under section 1, ENTER INFORMATION or you may skip
section 1 and remain anonymous. You enter your comments in section 2,
TYPE COMMENT & UPLOAD FILE. When you are ready to submit your comments,
click on the tab labeled SUBMIT. Your comment is then submitted to the
docket; and you will receive a tracking number.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility: U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building, Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building, Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m.
e.t., Monday through Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and
docket number. For detailed instructions on submitting comments and
additional information on the exemption process, see the ADDRESSES
heading above and the Public Participation heading below. Note that all
comments received will be posted without change to http://www.regulations.gov, including any personal information provided.
Please also see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov at any time, and in
the ENTER KEYWORD OR ID box enter FMCSA-2007-28043 and click on the tab
labeled SEARCH.
    Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
January, 17, 2008 (73 FR 3316) or you may visit http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.
    Public Participation: The http://www.regulations.gov Web site is
generally available 24 hours each day, 365 days each year. You can
obtain electronic submission and retrieval help and guidelines under
the ``help'' section of the http://www.regulations.gov Web site and
also at the DOT's http://docketsinfo.dot.gov Web site. If you want us
to notify you that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement
page that appears after submitting comments online.

FOR FURTHER INFORMATION CONTACT: Ms. Christine Hydock, FMCSA Driver and
Carrier Operations Division, Office of Bus and Truck Standards and
Operations, Telephone:<PHONE_NUMBER>. E-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    Section 4007 of the Transportation Equity Act for the 21st Century
(Pub. L. 105-178, 112 Stat. 107, June 9, 1998) amended 49 U.S.C. 31315
and 31136(e) to provide FMCSA authority to grant exemptions from its
motor carrier safety regulations, including the hours-of-service (HOS)
rules. The procedure for requesting an exemption is prescribed in 49
CFR part 381. FMCSA must publish a notice of each exemption request in
the Federal Register (49 CFR 381.315(a)). The Agency must provide the
public an opportunity to inspect the information relevant to the
application, including any safety analyses that have been conducted,
and to comment on the request. The Agency may grant an exemption for up
to 2 years.
    The Agency reviews the safety analyses and public comments and may
grant the exemption if it finds ``such exemption would likely achieve a
level of safety that is equivalent to, or greater than, the level that
would be achieved absent such exemption'' (49 CFR 381.305). The
decision of the Agency must be published in the Federal Register (49
CFR 381.315(b)) with the reason for denying the exemption or, in the
alternative, the specific person or class of persons receiving the
exemption, and the regulatory provision or provisions from which the
exemption is granted. The notice must also specify the effective period
of the exemption (up to 2 years), and explain the terms and conditions
of the exemption.

APA Application for Exemption

    The HOS rules in 49 CFR 395.3(a)(2) prohibit a property-carrying
CMV driver from driving after the 14th hour after coming on duty
following 10 consecutive hours off duty. APA, a trade association
representing the domestic fireworks industry, has applied for an
exemption from this subsection for 9 of its member motor carriers. A
copy of the application is included in the docket referenced at the
beginning of this notice. A list of the 9 APA motor carriers within the
scope of this exemption request is included as an appendix to this
notice.
    APA has also applied for renewal of the exemption granted in 2009
(74 FR 29264, June 19, 2009). The renewal would cover 54 of the 61
member motor carriers listed in the 2009 exemption notice. Information
regarding that request will be published in a separate Federal Register
notice.
    The initial APA exemption application for relief from the 14-hour
rule was submitted in 2004; a copy of the application is in the docket.
That application fully describes the nature of the pyrotechnic
operations of the CMV drivers employed by APA-member motor carriers
during a typical Independence Day period. The CMV drivers are trained
pyro-technicians holding a commercial driver's license (CDL) with a
hazardous materials (HM) endorsement. They transport fireworks and
related equipment by CMV on a very demanding schedule, often to remote
locations. After they arrive, the APA driver is responsible for set-up
and staging of the fireworks shows.
    In 2009, FMCSA granted this same limited exemption to 14 new APA-
member motor carriers (74 FR 29266, June 10, 2009) and renewed 61
exemptions of APA-member motor carriers (74 FR 29264, June 19, 2009)
for their CMV transportation of fireworks for Independence Day displays
in 2009 and 2010. The Agency is not aware of any adverse safety events
related to APA operations during these periods. APA has now applied for
the same limited

exemption for 9 additional motor carriers.
    APA is seeking this exemption because compliance with the current
14-hour rule by its members during these two 11-day periods would
impose a substantial economic hardship on numerous cities, towns and
municipalities, as well as the APA companies. To meet the demand for
fireworks under the current HOS rules, APA asserts that its member
companies would be required to hire a second driver for most trips. The
result would be a substantial increase in the cost of the fireworks
shows--beyond the means of many of APA's customers--and would deny many
Americans this important component of their Independence Day
celebration.

Method To Ensure an Equivalent or Greater Level of Safety

    APA believes that this exemption would not adversely affect the
safety of the motor carrier transportation provided by its members
during the two 11-day periods. According to the APA, the companies that
have operated under the exemption, and subsequent renewals, for the
past six years have done so with no reports of incidents of any kind.
As a condition of holding the exemption, each motor carrier is required
to notify FMCSA within 5 business days of any accident (as defined by
49 CFR 390.5) involving the operation of any of its CMVs while under
this exemption. To date, FMCSA has received no incident notifications.
    In addition, the exemption will enhance safety by decreasing the
number of CMVs stationed with 1.1G, 1.3G and 1.4G fireworks aboard at
locations throughout the country. Under the exemption, drivers will be
able to safely return the CMVs to their home base, next display
location or proper storage facility, which are all properly secured
areas for 1.1G, 1.3G and 1.4G fireworks as required by the Bureau of
Alcohol, Tobacco, Firearms and Explosives, and state and local
regulations. APA states that the operational demands of this unique
industry minimize the risk of a CMV crash. During the exemption period,
these drivers transport fireworks over relatively short routes from
distribution points to the site of the fireworks display, and normally
do so in the early morning when traffic is light. At the site, they
spend considerable time installing, wiring, and safety-checking the
fireworks displays, followed by a period of several hours off duty in
the late afternoon and early evening prior to the event. During this
time, the CMV drivers are able to rest and nap, thereby reducing or
eliminating the fatigue accumulated during the day. After the event,
they drive the CMVs to the point of origin. This occurs late in the
evening, and thus avoids heavy traffic. Before beginning another duty
day, these drivers must take 10 consecutive hours off duty which is the
same requirement imposed on other CMV drivers.
    APA also argues that the heavy training requirements imposed on
their CMV drivers add to the level of safety achieved. These drivers
are comprehensively trained on proper handling and use of these
products, and receive the training and qualifications required by the
Department of Transportation. Each driver goes through an extensive
training and apprentice program for up to two years before transporting
and operating a fireworks display. In addition, all companies
requesting the exemption have agreed to provide to their drivers
operating under the exemption additional training on the importance of
proper rest periods during the work day, including naps and breaks by
other means.
    APA believes that these operations, conducted under the terms and
conditions of this limited exemption, would provide a level of safety
that is equivalent to, or greater than, the level of safety achieved
without the exemption.

Terms and Conditions of the Exemption

Period of the Exemption

    APA's request for exemption from the requirements of 49 CFR
395.3(a)(2) would be effective June 28 through July 8, 2011, inclusive,
and from June 28 through July 8, 2012, inclusive. The requested
exemption would expire on July 9, 2012.

Extent of the Exemption

    This exemption would be restricted to drivers employed by the 9
companies, firms and entities listed in the appendix to this notice.
The drivers would be entitled to a limited exemption from the
requirements of 49 CFR 395.3(a)(2), which prohibits a driver from
driving after the 14th hour after coming on duty and does not permit
off-duty periods to extend the 14-hour limit. Drivers covered by this
exemption would be able to exclude off-duty and sleeper-berth time of
any length from the calculation of the 14-hour limit. This exemption
would be contingent on each driver driving no more than 11 hours in a
14-hour on-duty period. The exemption would further be contingent on
each driver having 10 consecutive hours off duty following 14 hours on
duty prior to beginning a new driving period. The drivers must comply
with all other requirements of the Federal Motor Carrier Safety
Regulations) (49 CFR parts 350-399).

Preemption

    During the periods the exemption would be in effect, no State would
be permitted to enforce any law or regulation that conflicts with or is
inconsistent with this exemption with respect to a person or entity
operating under the exemption.

Notification to FMCSA

    Each company, firm and entity listed in the appendix to this notice
would be required to notify FMCSA within 5 business days of any
accidents (as defined by 49 CFR 390.5) involving the operation of any
of its CMVs while under this exemption. The notification must include
the following information:
    a. Date of the accident,
    b. City or town, and State, in which the accident occurred, or
which is closest to the scene of the accident,
    c. Driver's name and driver's license number,
    d. Vehicle number and State license number,
    e. Number of individuals suffering physical injury,
    f. Number of fatalities,
    g. The police-reported cause of the accident,
    h. Whether the driver was cited for violation of any traffic laws,
or motor carrier safety regulations, and
    i. The total driving time and the total on-duty time of the CMV
driver at the time of the accident.

Termination

    During the exemption periods, FMCSA would retain the authority to
take all steps necessary to protect the public interest, including
revocation of the exemption. Exempt motor carriers and drivers would be
subject to FMCSA monitoring while operating under this exemption. FMCSA
would immediately revoke the exemption for failure to comply with its
terms and conditions.

Request for Comments

    Although FMCSA previously requested public comment on the safety
impact of similar APA requests [i.e., for a limited exemption from the
requirements of 49 CFR 395.3(a)(2) for the 2005-2006, 2007-2008, 2009-
2010 Independence Day celebrations and in a notice published on March
25, 2011 (76 FR 16852)], the Agency is required by 49 U.S.C.
31315(b)(4) and 31136(e) to request public comment on all applications
for exemption.

    Due to the fact that this exemption application is specific to the
Independence Day celebrations, FMCSA must obtain, and complete its
review of, comments in time to issue a final determination before the
4th of July holiday. This is not to say that the Agency has prejudged
the outcome of this process, but approval of the application is one
possible result. Granting the exemption after the long holiday weekend
would reduce its value considerably. FMCSA is therefore adopting a
comment period of 21 days instead of the 30 days normally provided. We
do not believe this imposes any particular hardship on potential
commenters, since this application involves the same issues as those
raised by similar exemption applications submitted by the pyrotechnic
industry in previous years. Commenters who have an interest in such
matters are likely to be familiar with the issues and arguments
surrounding a fireworks exemption, and will be able to formulate their
responses within a 21-day comment period.
    Therefore FMCSA, in accordance with 49 U.S.C. 31315(b)(4) and
31136(e), requests public comments on APA's recent request for
exemption from the 14-hour rule for the 9 motor carriers listed in the
appendix to this notice. FMCSA will consider all comments received by
close of business on June 14, 2011. All comments will be available for
examination in the docket listed under the ADDRESSES section of this
notice. The Agency will consider to the extent practicable comments
received in the public docket after the closing date of the comment
period.

    Issued on: May 19, 2011.
Pamela M. Pelcovits,
 Director, Office of Policy Plan and Regulations.

     Appendix to the Notice of Application of American Pyrotechnics
   Association (APA) for a Limited HOS Exemption for 9 Motor Carriers
         During the 2011 and 2012 Independence Day Celebrations
------------------------------------------------------------------------
          Motor Carrier                     Address            DOT No.
------------------------------------------------------------------------
1. AM Pyrotechnics, LLC..........  2429 East 535th Rd.,          1034961
                                    Buffalo, MO 65622.
2. Arthur Rozzi Pyrotechnics.....  6607 Red Hawk Ct.,            2008107
                                    Maineville, OH 45039.
3. East Coast Pyrotechnics, Inc..  4652 Catawba River Rd.,        545033
                                    Catawba, SC 29704.
4. Fireworks Extravaganza........  58 Maple Lane,                2064141
                                    Otisville, NY 10963.
5. Hi-Tech FX, LLC...............  1135 Ave. I, Fort             1549055
                                    Madison, IA 52627.
6. North Central Industries, Inc.  1500 E. Washington,          00165755
                                    Muncie, IN 47305.
7. Pyro Spectaculars North, Inc..  5301 Lang Avenue,             1671438
                                    McClellan, CA 95652.
8. Pyrotechnic Display, Inc......  8450 W. St. Francis Rd.,      1929883
                                    Frankfort, IL 60423.
9. Western Display Fireworks, Ltd  10946 S. New Era Rd.,          498941
                                    Canby, OR 97013.
------------------------------------------------------------------------

[FR Doc. 2011-12760 Filed 5-23-11; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 84, Number 228 (Tuesday, November 26, 2019)]
[Notices]
[Pages 65214-65216]
[FR Doc No: 2019-25638]

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

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. DOT-OST-2019-0165]

Non-Traditional and Emerging Transportation Technology (NETT)
Council

AGENCY: Office of the Secretary (OST), Department of Transportation
(DOT).

ACTION: Request for comment.

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

SUMMARY: In April 2019, the Department of Transportation (DOT) created
the Non-Traditional and Emerging Transportation Technology (NETT)
Council, an internal deliberative body at DOT, to identify and resolve
jurisdictional and regulatory gaps associated with non-traditional and
emerging transportation projects pending before DOT, including with
respect to safety oversight, environmental review, and funding issues.
The Office of the Secretary of Transportation invites comments on
projects, issues, or topics that DOT should consider through the NETT
Council, including regulatory models and other alternative approaches
for non-traditional and emerging transportation technologies.

DATES: Comments are requested by January 10, 2020. See the
SUPPLEMENTARY INFORMATION section on ``Public Participation,'' below,
for more information about written comments.
    Written Comments: Comments should refer to the docket number above
and be submitted by one of the following methods:
     Federal Rulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: 1200 New Jersey Avenue SE, West Building
Ground Floor, Room W12-140, Washington, DC, between 9 a.m. and 5 p.m.
ET, Monday

through Friday, except Federal Holidays.
    Instructions: For detailed instructions on submitting comments and
additional information on the rulemaking process, see the Public
Participation heading of the SUPPLEMENTARY INFORMATION section of this
document. Note that all comments received will be posted without change
to http://www.regulations.gov, including any personal information
provided.
    Privacy Act: Except as provided below, all comments received into
the docket will be made public in their entirety. The comments will be
searchable by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You should not include information in
your comment that you do not want to be made public. You may review
DOT's complete Privacy Act Statement in the Federal Register published
on April 11, 2000 (65 FR 19477-78) or at https://www.transportation.gov/privacy.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov or to the street
address listed above. Follow the online instructions for accessing the
dockets.

FOR FURTHER INFORMATION CONTACT: For policy issues, please email
<EMAIL_ADDRESS>or contact Philip Sung at<PHONE_NUMBER>. For legal
issues, please contact Sean Ford at<PHONE_NUMBER>. Office hours are from
8 a.m. to 5 p.m., EST, Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: Congress provides authority to the
Department of Transportation (Department or DOT) to regulate the safety
of transportation. This authority is implemented by the Department's
operating administrations and extends to particular technologies and
certain operational scenarios. Some new technologies and operational
scenarios may not fit precisely into the Department's existing
regulatory structure. The Non-Traditional and Emerging Transportation
Technology Council (Council or NETT Council) was formed to provide
project sponsors a single point of access to the Department to discuss
innovative transportation plans and proposals, to coordinate oversight
of such projects, and to develop and establish Department-wide
processes, solutions, and best practices for managing new
transportation technology subject to the Department's jurisdiction.
    Since the Council's inception, innovators and stakeholders have
approached the Department with concepts and ideas that vary in their
stage of development. To ensure that the Council is responsive to the
needs of the public and industry, the Department is interested in
hearing from stakeholders and the public as to whether and to what
extent the Department's existing regulatory construct supports or
hinders innovation. The Department is also seeking comment on how the
NETT Council can better be in a position to support transportation
innovation.
    The questions below are meant to guide commenters; however,
commenters are invited to provide their views on issues surrounding
non-traditional and emerging transportation technologies and other
general comments related to this topic. Further, although the questions
focus on specific types of stakeholders, we would appreciate the views
of all commenters on all questions. Finally, in this notice, the
Department is not requesting comment on issues related to automated
vehicles \1\ or unmanned aerial systems (UAS), except to the limited
extent of operations where these technologies (or technologies based on
or derived from them) are being used in ways that do not fit within the
Department's existing regulatory structures. To the extent possible,
please provide technical information, regulatory citations, data, or
other evidence to support your comments.
---------------------------------------------------------------------------

    \1\ For a description of the Department's activities on
automated vehicles, please visit https://www.transportation.gov/AV.
---------------------------------------------------------------------------

    1. Are there existing Federal transportation laws or regulations
that inhibit innovation by creating barriers to testing, certifying or
verifying compliance, or operating non-traditional and emerging
transportation technologies? Please provide specific examples, explain
why the requirement imposes a barrier, and identify the specific law or
regulation that you believe should be changed and describe how it
should be changed. Please identify all associated regulations that
should be changed, including specific citations to the Code of Federal
Regulations and explain the need for the change.
    2. Are there existing design or performance requirements that may
contribute to a reduced safety purpose or impose more cost or
restriction on the design of non-traditional and emerging
transportation technologies than is warranted?
    3. If you identified a barrier to innovation in response to
Question 1 or 2, above, can this barrier be removed or mitigated
without resorting to additional rulemaking? If rulemaking is necessary,
please identify all associated regulations that should be changed,
including specific citations to the Code of Federal Regulations and
explain the need for the change and how safety will not adversely be
impacted.
    4. If you identified a barrier to innovation in response to
Question 1 or 2, above, is legislation necessary to remove or mitigate
that innovation barrier? Please identify the barrier with specificity,
explain why it is a barrier, and identify the specific law that you
believe should be changed. Please describe how it should be changed and
why there will be no adverse impact to safety.
    5. Do you believe that there are international bodies or
organizations (at any level) that the Department should be working with
to develop standards or best practices for potential application to
non-traditional and emerging transportation technologies in the United
States?
    6. Does the current landscape of State/local/Tribal regulation for
non-traditional and emerging transportation technologies hinder or
support innovation? More specifically:
    a. What laws or regulations do State, local, or Tribal governments
rely upon, other than Federal transportation laws and regulations, to
regulate the safe design, construction, and operational safety of non-
traditional or emerging transportation technologies (e.g., hyperloop
and non-traditional tunneling)? In what ways do these laws or
regulations hinder or support innovation? (Please be specific in your
response.)
    b. Are there State/local/Tribal occupational license regimes that
govern the safe conduct of operators of non-traditional or emerging
transportation technologies? Do they hinder or support innovation?
    c. Are there State/local/Tribal laws that assist innovators in
developing safe prototypes, road testing, deploying, or commercializing
new transportation technologies? (Comments on regulatory gaps or
feasibility studies and analyses are encouraged.)
    7. Would intermodal or cross-sector regulations support or inhibit
innovation and ensure safety of transportation infrastructure, as well
as the safe movement of goods, services, capital and the traveling
public? Please explain why or why not. Include specific examples,
studies, or other data if available.
    8. Would cross-sector or cross-modal transportation safety
regulations support or inhibit investments in non-traditional and
emerging transportation

technologies? Please explain why or why not. Include specific examples,
studies, or other data if available.
    9. How can Federal policies, regulations, or legislation be used to
foster mobility service providers, remove barriers to new non-
traditional and emerging transport operations, or promote safe,
efficient, environmentally sound and user-friendly mobility systems?
Please explain, using specific examples where feasible.
    10. Technology Companies/Innovators: What standards or code of
conduct are relevant to ensuring a balance between supporting
innovation and ensuring the safety of transportation infrastructure and
the traveling public?
    11. Technology Companies/Innovators: What actions can the NETT
Council take to support your work, while maintaining its safety focus?
    a. At what point in the development of the technology or operation
would it be ideal to interface with the NETT Council?
    b. Considering the resource constraints and the potential cross
modal nature of non-traditional and emerging transportation
technologies, would an on-going relationship with the NETT Council
during the development and construction of your project be helpful to
assess potential safety risks and unintended consequences be helpful?
If so, how often should engagements occur?
    12. Local, State, Tribal, and Other Public Entities: What support
should the NETT Council consider providing when non-traditional/
emerging transportation technology companies propose a non-traditional
or emerging transportation technology or system in your jurisdiction?
    a. In what way could Federal action help maintain the overall
safety of the design, construction, and operation system? What aspects
do you believe are best addressed by State, local, and Tribal entities?
Please provide specific examples to support your comment.
    b. In what way could Federal actions assist you in overseeing any
risks (safety or other) and unintended consequences that are local in
nature? In what way could they interfere with your oversight and
enforcement authorities? Please provide specific examples to support
your comment.
    c. In what way could Federal actions improve or clarify oversight
roles? Please provide specific examples to support your comment.
    13. Local, State, Tribal, and Other Public Entities: Has a company
approached you about a non-traditional or emerging transportation
technology? If so, are there any best practices you can share from
working with companies that could shape how the NETT Council approaches
non-traditional or emerging transportation proposals?

Public Participation

How do I prepare and submit comments?

    Your comments must be written in English. To ensure that your
comments are filed correctly in the docket, please include the docket
number of this document in your comments.
    Please submit one copy (two copies if submitting by mail or hand
delivery) of your comments, including the attachments, to the docket
following the instructions given above under ADDRESSES. Please note, if
you are submitting comments electronically as a PDF (Adobe) file, we
ask that the documents submitted be scanned using an Optical Character
Recognition (OCR) process, thus allowing the agency to search and copy
certain portions of your submissions.

How do I submit confidential business information?

    Any submissions containing Confidential Information must be
delivered to OST in the following manner:
     Submitted in a sealed envelope marked ``confidential
treatment requested'';
     Document(s) or information that the submitter would like
withheld should be marked ``PROPIN''; Accompanied by an index listing
the document(s) or information that the submitter would like the
Departments to withhold. The index should include information such as
numbers used to identify the relevant document(s) or information,
document title and description, and relevant page numbers and/or
section numbers within a document; and
     Submitted with a statement explaining the submitter's
grounds for objecting to disclosure of the information to the public.
    OST will treat such marked submissions as confidential under the
FOIA, and will not include it in the public docket. OST also requests
that submitters of Confidential Information include a non-confidential
version (either redacted or summarized) of those confidential
submissions in the public docket. In the event that the submitter
cannot provide a non-confidential version of its submission, OST
requests that the submitter post a notice in the docket stating that it
has provided OST with Confidential Information. Should a submitter fail
to docket either a non-confidential version of its submission or to
post a notice that Confidential Information has been provided, we will
note the receipt of the submission on the docket, with the submitter's
organization or name (to the degree permitted by law) and the date of
submission.

Will the agency consider late comments?

    U.S. DOT will consider all comments received before the close of
business on the comment closing date indicated above under DATES. To
the extent possible, the Agency will also consider comments received
after that date.

How can I read the comments submitted by other people?

    You may read the comments received at the address given above under
WRITTEN COMMENTS. The hours of the docket are indicated above in the
same location. You may also see the comments on the internet,
identified by the docket number at the heading of this notice, at
http://www.regulations.gov.

    Issued in Washington, DC, under authority delegated at 49 CFR
1.25a.
Finch Fulton,
Deputy Assistant Secretary for Transportation Policy.
[FR Doc. 2019-25638 Filed 11-25-19; 8:45 am]
 BILLING CODE 4910-9X-P


[Federal Register Volume 78, Number 192 (Thursday, October 3, 2013)]
[Notices]
[Page 61446]
[FR Doc No: 2013-24224]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[AC 187-1G]

Schedule of Charges Outside the United States

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of availability.

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SUMMARY: The Federal Aviation Administration (FAA) is announcing the
availability of Advisory Circular (AC) 187-1G which transmits an
updated schedule of charges for services of FAA Flight Standards
Aviation Safety Inspectors outside the United States. The advisory
circular has been updated in accordance with the procedures listed in
14 CFR Part 187, Appendix A.

DATES: This AC is effective on October 1, 2013.

ADDRESSES: How to obtain copies: A copy of this publication may be
downloaded from: http://www . faa.goy/document Library/media/Advisory--
Circular/.pdf

FOR FURTHER INFORMATION CONTACT: Ms. Tish Thompkins-lmafidon, Flight
Standards Service, AFS-50, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591, telephone (202) 385-
8097.

    Issued in Washington, DC, on September 25, 2013.
Michael J. Zenkovich,
Deputy Director, Flight Standards Service.
[FR Doc. 2013-24224 Filed 9-30-13; 4:15 pm]
BILLING CODE 4910-13-P