[Federal Register: October 20, 2010 (Volume 75, Number 202)]
[Rules and Regulations]
[Page 64642-64643]
[DOCID:fr20oc10-5]

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SECURITIES AND EXCHANGE COMMISSION

17 CFR Part 230

[Release No. 33-9152; File No. S7-14-08]
RIN 3235-AK16

Indexed Annuities

AGENCY: Securities and Exchange Commission.

ACTION: Final rule; withdrawal; request for comment on Paperwork
Reduction Act burden estimate.

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SUMMARY: We are withdrawing rule 151A under the Securities Act of 1933,
which defines the terms ``annuity contract'' and ``optional annuity
contract'' under the Act. On July 12, 2010, the United States Court of
Appeals for the District of Columbia Circuit issued an order vacating
the rule.

DATES: 17 CFR 230.151A (Rule 151A), published at 74 FR 3175 (January
16, 2009) and effective on January 12, 2011, is withdrawn as of October
20, 2010.

FOR FURTHER INFORMATION CONTACT: Michael L. Kosoff, Senior Counsel,
Office of Insurance Products, Division of Investment Management, at
(202) 551-6795, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-8629.

SUPPLEMENTARY INFORMATION: On January 8, 2009, the Commission issued a
release adopting rule 151A under the Securities Act of 1933.\1\ Rule
151A defines the terms ``annuity contract'' and ``optional annuity
contract'' under the Securities Act. The rule was intended to clarify
the status under the Federal securities laws of indexed annuities,
under which payments to the purchaser are dependent on the performance
of a securities index. On July 12, 2010, the United States Court of
Appeals for the District of Columbia Circuit issued an order vacating
rule 151A in American Equity Investment Life Insurance Company, et al.
v. Securities and Exchange Commission, No. 09-1021 (D.C. Cir.).
Accordingly, the Commission hereby withdraws rule 151A, which was
published at 74 FR 3175 (Jan. 16, 2009).
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    \1\ 15 U.S.C. 77a et seq.; Securities Act Release No. 8996 (Jan.
8, 2009) [74 FR 3138 (Jan. 16, 2009)].
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Paperwork Reduction Act

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995,\2\ the Commission is soliciting comment on changes to a
collection of information necessitated by the Court order vacating rule
151A. The Commission is submitting this existing collection of
information to the Office of Management and Budget for change and
approval.
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    \2\ 44 U.S.C. 3501 et seq.
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    The burdens associated with rule 151A are currently approved under
the ``collection of information'' requirements for Form S-1 under the
Securities Act of 1933 (``Form S-1'' (OMB Control No. 3235-0065)). This
form sets forth the disclosure requirements for registration statements
that are prepared by eligible issuers. The Commission previously
estimated that there would be an annual increase of 400 responses on
Form S-1. In connection with this increase in expected responses, the
Commission increased the estimated burden for Form S-1 by 60,000 hours
of internal staff time and $72 million of external professional costs.
    Since the Commission's adoption of rule 151A, the Commission has
adopted changes to the information required by Form S-1, which have
further increased the total hours and cost burden associated with the
400 additional responses that we estimated would result from the
adoption of rule 151A by approximately 1,600 hours and $1,920,000.\3\
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    \3\ These changes in the burden estimates are the result of the
adoption of rules enhancing information provided in connection with
proxy solicitations and in other reports filed with the Commission.
Securities Act Release No. 9089 (Dec. 16, 2009) [74 FR 68334 (Dec.
23, 2009)]. That rulemaking assigned an incremental burden increase
of 16 hours per response on Form S-1. We estimated that 25% of that
burden would be carried by the company internally and that 75% of
the burden would by carried by outside professionals retained by the
company at an average cost of $400 per hour. Accordingly, we
estimated an incremental internal burden increase of 4 (25% of 16)
hours and an incremental external cost increase of $4800 (75% of 16
= 12 and 12 x $400 = $4800) for each response, including the 400
additional responses that we had expected as a result of rule 151A.
Thus, the rulemaking assigned an additional burden for the 400
responses of 1600 (400 x 4) hours and $1,920,000 (400 x $4800). In
addition, another rulemaking following the adoption of rule 151A
also resulted in a change in the burden estimate for Form S-1.
Securities Release No. 33-8995 (Dec. 31, 2008) [74 FR 2158 (Jan. 14,
2009)]. However, that rulemaking modified reporting requirements for
oil and gas companies and did not affect the estimated burden for
the additional 400 filers under rule 151A.
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    As a result of the Court order, the Commission no longer expects
that there will be an annual increase of 400 responses on Form S-1, and
believes that the estimate of the corresponding burdens for Form S-1
should be decreased by the amount of the burden associated with those
400 responses. Accordingly, the Commission estimates that the Court
order will have the effect of decreasing the estimated burden for Form
S-1 by 61,600 hours of internal staff time (60,000 plus 1,600) and
$73,920,000 for external professional costs ($72,000,000 plus
$1,920,000).
    The information collection requirements related to Form S-1 are
mandatory. There is no mandatory retention period for the information
disclosed, and the information disclosed is made publicly available on
the EDGAR filing system. An agency may not conduct or sponsor, and a
person is not required to respond to, a collection of information
unless it displays a currently valid OMB control number.
    We request comment on the accuracy of the Commission's estimate of
the change in the burden for Form S-1. Persons wishing to submit
comments on the collection of information requirements should direct
them to the Office of Management and Budget, Attention Desk Officer for
the Securities and Exchange Commission, Office of Information and
Regulatory Affairs, Washington, DC 20503 and should send a copy to
Elizabeth M. Murphy, Secretary, Securities and Exchange Commission, 100
F Street, NE., Washington, DC 20549-1090, with reference to File No.
S7-14-08. Requests for materials submitted to OMB by the Commission
with regard to this collection of information should be in writing,
refer to File No. S7-14-08, and be submitted to the Securities and
Exchange Commission, Office of Investor Education and Advocacy, 100 F
Street, NE., Washington, DC 20549-0213. OMB is required to make a
decision concerning the collection of information between 30 and 60
days after publication of this release. Consequently, a comment to OMB
is best assured of having its full effect if OMB receives it within 30
days after publication.

Procedural and Other Matters

    Section 553 of the Administrative Procedure Act provides that when
an agency for good cause finds that notice and public comment
procedures are impracticable, unnecessary, or contrary to the public
interest, the agency may issue a rule without providing notice and an
opportunity for public comment.\4\ The Commission has determined that
there is good cause for making today's withdrawal of rule 151A final
without prior proposal and

opportunity for comment. Because of the Court order vacating rule 151A,
the Commission's action to withdraw the rule is ministerial in nature.
Accordingly, the Commission for good cause finds that a notice and
comment period is unnecessary.\5\
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    \4\ 5 U.S.C. 553(b)(B).
    \5\ This finding also satisfies the requirements of 5 U.S.C.
808(2) (if a Federal agency finds that notice and public comment are
``impracticable, unnecessary or contrary to the public interest,'' a
rule ``shall take effect at such time as the Federal agency
promulgating the rule determines''), allowing the withdrawal to
become effective notwithstanding the requirement of 5 U.S.C. 801. No
analysis is required under the Regulatory Flexibility Act. See 5
U.S.C. 601(2) (for purposes of Regulatory Flexibility Act analysis,
the term ``rule'' means any rule for which the agency publishes a
general notice of proposed rulemaking).
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    The Administrative Procedure Act also generally requires that an
agency publish an adopted rule in the Federal Register 30 days before
it becomes effective.\6\ This requirement, however, does not apply if
the agency finds good cause for making this action to withdraw rule
151A effective sooner. For the reason discussed above, the Commission
finds that there is good cause to make withdrawal of the rule effective
immediately.
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    \6\ See 5 U.S.C. 553(d).
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    The Commission considers the costs and benefits of its rules and
regulations. As discussed above, rule 151A was vacated by the Court and
the action the Commission takes today merely implements the Court's
decision. Our action to withdraw the rule is ministerial and therefore
will have no separate economic effect.

Conclusion

    Therefore, for the reasons set out in the preamble, 17 CFR 230.151A
(rule 151A), published at 74 FR 3175 (January 16, 2009) and effective
on January 12, 2011, is withdrawn.

    By the Commission.

    Dated: October 14, 2010.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2010-26347 Filed 10-19-10; 8:45 am]
BILLING CODE 8011-01-P


subpart K of this part, part 121, 125, or 135 of this chapter that
apply to the operation; or
    (B) Each person acting as a required pilot flightcrew member for a
foreign air carrier subject to part 129, or any person serving as a
required pilot flightcrew member of a foreign registered aircraft, must
be qualified in accordance with the training requirements of the civil
aviation authority of the State of the operator for the EFVS operation
to be conducted.
    (vii) A person conducting operations under subpart K of this part
must conduct the operation in accordance with management specifications
authorizing the use of EFVS.
    (viii) A person conducting operations under part 121, 129, or 135
of this chapter must conduct the operation in accordance with
operations specifications authorizing the use of EFVS.
    (ix) A person conducting operations under part 125 of this chapter
must conduct the operation in accordance with operations specifications
authorizing the use of EFVS or, for a holder of a part 125 letter of
deviation authority, a letter of authorization for the use of EFVS.
    (x) A person conducting an EFVS operation during an authorized
Category II or Category III operation must conduct the operation in
accordance with operations specifications, management specifications,
or a letter of authorization authorizing EFVS operations during
authorized Category II or Category III operations.
    (3) Visibility and Visual Reference Requirements. No pilot
operating under this section or Sec.  121.651, Sec.  125.381, or Sec.
135.225 of this chapter may continue an approach below the authorized
MDA or continue an approach below the authorized DA/DH and land unless:
    (i) The pilot determines that the enhanced flight visibility
observed by use of an EFVS is not less than the visibility prescribed
in the instrument approach procedure being used.
    (ii) From the authorized MDA or DA/DH to 100 feet above the
touchdown zone elevation of the runway of intended landing, any
approach light system or both the runway threshold and the touchdown
zone are distinctly visible and identifiable to the pilot using an
EFVS.
    (A) The pilot must identify the runway threshold using at least one
of the following visual references-
    (1) The beginning of the runway landing surface;
    (2) The threshold lights; or
    (3) The runway end identifier lights.
    (B) The pilot must identify the touchdown zone using at least one
of the following visual references--
    (1) The runway touchdown zone landing surface;
    (2) The touchdown zone lights;
    (3) The touchdown zone markings; or
    (4) The runway lights.
    (iii) At 100 feet above the touchdown zone elevation of the runway
of intended landing and below that altitude, the flight visibility must
be sufficient for--
    (A) The runway threshold;
    (B) The lights or markings of the threshold;
    (C) The runway touchdown zone landing surface; or
    (D) The lights or markings of the touchdown zone.
    (4) Compliance Date. Beginning on March 13, 2018, a person
conducting an EFVS operation to 100 feet above the touchdown zone
elevation must comply with the requirements of paragraph (b) of this
section.
    (c) Public aircraft certification and training requirements. A
public aircraft operator, other than the U.S. military, may conduct an
EFVS operation under paragraph (a) or (b) of this section only if:
    (1) The aircraft meets all of the civil certification and
airworthiness requirements of paragraph (a)(1) or (b)(1) of this
section, as applicable to the EFVS operation to be conducted; and
    (2) The pilot flightcrew member, or any other person who
manipulates the controls of an aircraft during an EFVS operation, meets
the training, recent flight experience and refresher training
requirements of Sec.  61.66 of this chapter applicable to EFVS
operations.
    (d) Exception for Experimental Aircraft. The requirement to use an
EFVS that meets the applicable airworthiness requirements specified in
paragraphs (a)(1)(i), (a)(2)(iii), (b)(1)(i), and (b)(2)(iii) of this
section does not apply to operations conducted in an aircraft issued an
experimental certificate under Sec.  21.191 of this chapter for the
purpose of research and development or showing compliance with
regulations, provided the Administrator has determined that the
operations can be conducted safely in accordance with operating
limitations issued for that purpose.

0
20. Amend Sec.  91.189 by revising paragraph (d) introductory text and
paragraph (e) to read as follows:

Sec.  91.189   Category II and III operations: General operating rules.

* * * * *
    (d) Except as provided in Sec.  91.176 of this part or unless
otherwise authorized by the Administrator, no pilot operating an
aircraft in a Category II or Category III approach that provides and
requires the use of a DA/DH may continue the approach below the
authorized decision height unless the following conditions are met:
* * * * *
    (e) Except as provided in Sec.  91.176 of this part or unless
otherwise authorized by the Administrator, each pilot operating an
aircraft shall immediately execute an appropriate missed approach
whenever, prior to touchdown, the requirements of paragraph (d) of this
section are not met.
* * * * *

0
21. Amend Sec.  91.905 by adding an entry for Sec.  91.176 in numerical
order to read as follows:

Sec.  91.905   List of rules subject to waivers.

Sec.
* * * * *
91.176 Operations below DA/DH or MDA using an enhanced flight vision
system (EFVS) under IFR.
* * * * *

0
22. Amend Sec.  91.1039 by revising paragraph (e) to read as follows:

Sec.  91.1039   IFR takeoff, approach and landing minimums.

* * * * *
    (e) Except as provided in Sec. Sec.  91.175(l) or 91.176 of this
chapter, each pilot making an IFR takeoff or approach and landing at an
airport must comply with applicable instrument approach procedures and
takeoff and landing weather minimums prescribed by the authority having
jurisdiction over the airport. In addition, no pilot may take off at
that airport when the visibility is less than 600 feet, unless
otherwise authorized in the program manager's management specifications
for EFVS operations.

0
23. Effective March 13, 2018, amend Sec.  91.1039 by revising paragraph
(e) to read as follows:

Sec.  91.1039   IFR takeoff, approach and landing minimums.

* * * * *
    (e) Except as provided in Sec.  91.176 of this chapter, each pilot
making an IFR takeoff or approach and landing at an airport must comply
with applicable instrument approach procedures and takeoff and landing
weather minimums prescribed by the authority having jurisdiction over
the airport. In addition, no pilot may take off at that airport when
the visibility is less than 600 feet, unless otherwise authorized in
the program manager's management specifications for EFVS operations.

0
24. Amend Sec.  91.1065 by adding paragraph (g) to read as follows:

Sec.  91.1065   Initial and recurrent pilot testing requirements.

* * * * *
    (g) If the program manager is authorized to conduct EFVS
operations, the competency check in paragraph (b) of this section must
include tasks appropriate to the EFVS operations the certificate holder
is authorized to conduct.

PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL
OPERATIONS

0
25. The authority citation for part 121 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40113, 40119, 41706,
44101, 44701-44702, 44705, 44709-44711, 44713, 44716-44717, 44722,
44732; 46105; Pub. L. 111-216, 124 Stat. 2348 (49 U.S.C. 44701
note); Pub. L. 112-95, 126 Stat. 62 (49 U.S.C. 44732 note).

0
26. Amend Sec.  121.651 by revising paragraphs (b) introductory text,
(c) introductory text, and (d) introductory text, redesignating
paragraphs (e) and (f) as paragraphs (f) and (g), and adding new
paragraph (e) to read as follows:

Sec.  121.651   Takeoff and landing weather minimums: IFR: All
certificate holders.

* * * * *
    (b) Except as provided in paragraphs (d) and (e) of this section,
no pilot may continue an approach past the final approach fix, or where
a final approach fix is not used, begin the final approach segment of
an instrument approach procedure--
    (c) A pilot who has begun the final approach segment of an
instrument approach procedure in accordance with paragraph (b) of this
section, and after that receives a later weather report indicating
below-minimum conditions, may continue the approach to DA/DH or MDA.
Upon reaching DA/DH or at MDA, and at any time before the missed
approach point, the pilot may continue the approach below DA/DH or MDA
if either the requirements of Sec.  91.175(l) or Sec.  91.176 of this
chapter, or the following requirements are met:
* * * * *
    (d) A pilot may begin the final approach segment of an instrument
approach procedure other than a Category II or Category III procedure
at an airport when the visibility is less than the visibility minimums
prescribed for that procedure if the airport is served by an operative
ILS and an operative PAR, and both are used by the pilot. However, no
pilot may continue an approach below the authorized DA/DH unless the
requirements of Sec.  91.175(l) or Sec.  91.176 of this chapter, or the
following requirements are met:
* * * * *
    (e) A pilot may begin the final approach segment of an instrument
approach procedure, or continue that approach procedure, at an airport
when the visibility is reported to be less than the visibility minimums
prescribed for that procedure if the pilot uses an operable EFVS in
accordance with Sec.  91.176 of this chapter and the certificate
holder's operations specifications for EFVS operations.
* * * * *

0
27. Effective March 13, 2018, amend Sec.  121.651 by revising
paragraphs (c) introductory text and (d) introductory text to read as
follows:

Sec.  121.651   Takeoff and landing weather minimums: IFR: All
certificate holders.

* * * * *
    (c) A pilot who has begun the final approach segment of an
instrument approach procedure in accordance with paragraph (b) of this
section, and after that receives a later weather report indicating
below-minimum conditions, may continue the approach to DA/DH or MDA.
Upon reaching DA/DH or at MDA, and at any time before the missed
approach point, the pilot may continue the approach below DA/DH or MDA
if either the requirements of Sec.  91.176 of this chapter, or the
following requirements are met:
* * * * *
    (d) A pilot may begin the final approach segment of an instrument
approach procedure other than a Category II or Category III procedure
at an airport when the visibility is less than the visibility minimums
prescribed for that procedure if the airport is served by an operative
ILS and an operative PAR, and both are used by the pilot. However, no
pilot may continue an approach below the authorized DA/DH unless the
requirements of Sec.  91.176 of this chapter, or the following
requirements are met:
* * * * *

0
28. In appendix F to part 121, amend the Table by adding new entries
III(c)(5), V(g), and V(h) to read as follows:

Appendix F to Part 121--Proficiency Check Requirements

* * * * *

----------------------------------------------------------------------------------------------------------------
                                          Required                                Permitted
                                --------------------------------------------------------------------------------
                                                                                Waiver
      Maneuvers/procedures         Simulated                    Visual     Nonvisual     Training    provisions
                                  instrument     Inflight     simulator    simulator      device       of Sec.
                                  conditions                                                         121.441(d)
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                           III. Instrument procedures:
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
(c) ILS and other instrument
 approaches. There must be the
 following:

                                                  * * * * * * *
    (5) For each type of EFVS              B           * B   ...........  ...........  ...........  ............
     operation the certificate
     holder is authorized to
     conduct, at least one
     instrument approach must
     be made using an EFVS.....

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                    V. Landings and Approaches to Landings--
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
(g) If the certificate holder              B           * B
 is authorized to conduct EFVS
 operations to touchdown and
 rollout, at least one
 instrument approach to a
 landing must be made using an
 EFVS, including the use of
 enhanced flight vision from
 100 feet above the touchdown
 zone elevation to touchdown
 and rollout...................
(h) If the certificate holder              B           * B
 is authorized to conduct EFVS
 operations to 100 feet above
 the touchdown zone elevation,
 at least one instrument
 approach to a landing must be
 made using an EFVS, including
 the transition from enhanced
 flight vision to natural
 vision at 100 feet above the
 touchdown zone elevation......

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

0
29. In appendix H to part 121, amend ``Level B Training and Checking
Permitted'' by revising paragraph 3. to read as follows:

Appendix H to Part 121--Advanced Simulation

* * * * *

Level B

Training and Checking Permitted

* * * * *
    3. Except for EFVS operations, landings in a proficiency check
without the landing on the line requirements (Sec.  121.441).
* * * * *

PART 125--CERTIFICATION AND OPERATIONS: AIRPLANES HAVING A SEATING
CAPACITY OF 20 OR MORE PASSENGERS OR A MAXIMUM PAYLOAD CAPACITY OF
6,000 POUNDS OR MORE; AND RULES GOVERNING PERSONS ON BOARD SUCH
AIRCRAFT

0
30. The authority citation for part 125 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40113, 44701-44702, 44705,
44710-44711, 44713, 44716-44717, 44722.

0
31. Amend Sec.  125.287 by adding paragraph (g) to read as follows:

Sec.  125.287   Initial and recurrent pilot testing requirements.

* * * * *
    (g) If the certificate holder is authorized to conduct EFVS
operations, the competency check in paragraph (b) of this section must
include tasks appropriate to the EFVS operations the certificate holder
is authorized to conduct.

0
32. Revise Sec.  125.325 to read as follows:

Sec.  125.325   Instrument approach procedures and IFR landing
minimums.

    Except as specified in Sec. Sec.  91.175(l) or 91.176 of this
chapter, no person may make an instrument approach at an airport except
in accordance with IFR weather minimums and unless the type of
instrument approach procedure to be used is listed in the certificate
holder's operations specifications.

0
33. Effective March 13, 2018, revise Sec.  125.325 to read as follows:

Sec.  125.325   Instrument approach procedures and IFR landing
minimums.

    Except as specified in Sec.  91.176 of this chapter, no person may
make an

instrument approach at an airport except in accordance with IFR weather
minimums and unless the type of instrument approach procedure to be
used is listed in the certificate holder's operations specifications.

0
34. Amend Sec.  125.381 by revising paragraphs (a)(2), (b), and (c)
introductory text, and adding paragraph (d) to read as follows:

Sec.  125.381   Takeoff and landing weather minimums: IFR.

    (a) * * *
    (2) Except as provided in paragraphs (c) and (d) of this section,
land an airplane under IFR.
    (b) Except as provided in paragraphs (c) and (d) of this section,
no pilot may execute an instrument approach procedure if the latest
reported visibility is less than the landing minimums specified in the
certificate holder's operations specifications.
    (c) A pilot who initiates an instrument approach procedure based on
a weather report that indicates that the specified visibility minimums
exist and subsequently receives another weather report that indicates
that conditions are below the minimum requirements, may continue the
approach only if the requirements of Sec.  91.175(l) or Sec.  91.176 of
this chapter, or both of the following conditions are met--
* * * * *
    (d) A pilot may execute an instrument approach procedure, or
continue the approach, at an airport when the visibility is reported to
be less than the visibility minimums prescribed for that procedure if
the pilot uses an operable EFVS in accordance with Sec.  91.176 of this
chapter and the certificate holder's operations specifications for EFVS
operations, or for a holder of a part 125 letter of deviation
authority, a letter of authorization for the use of EFVS.

0
35. Effective March 13, 2018, amend Sec.  125.381 by revising paragraph
(c) introductory text to read as follows:

Sec.  125.381   Takeoff and landing weather minimums: IFR.

* * * * *
    (c) A pilot who initiates an instrument approach procedure based on
a weather report that indicates that the specified visibility minimums
exist and subsequently receives another weather report that indicates
that conditions are below the minimum requirements, may continue the
approach only if either the requirements of Sec.  91.176 of this
chapter, or the following conditions are met--
* * * * *

PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON DEMAND OPERATIONS
AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT

0
36. The authority citation for part 135 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 41706, 40113, 44701-44702,
44705, 44709, 44711-44713, 44715-44717, 44722, 44730, 45101-45105;
Public Law 112-95, 126 Stat. 58 (49 U.S.C. 44730).

0
37. Amend Sec.  135.225 as follows:
0
a. Revise paragraphs (a) introductory text and (b) introductory text;
0
b. Remove paragraph (d);
0
c. Redesignate paragraph (c) as paragraph (d) and revise it;
0
d. Add new paragraph (c); and
0
e. Add paragraph (j).
    The revisions and additions read as follows:

Sec.  135.225   IFR: Takeoff, approach and landing minimums.

    (a) Except to the extent permitted by paragraphs (b) and (j) of
this section, no pilot may begin an instrument approach procedure to an
airport unless--
    (b) A pilot conducting an eligible on-demand operation may begin
and conduct an instrument approach procedure to an airport that does
not have a weather reporting facility operated by the U.S. National
Weather Service, a source approved by the U.S. National Weather
Service, or a source approved by the Administrator if--
* * * * *
    (c) Except as provided in paragraph (j) of this section, no pilot
may begin the final approach segment of an instrument approach
procedure to an airport unless the latest weather reported by the
facility described in paragraph (a)(1) of this section indicates that
weather conditions are at or above the authorized IFR landing minimums
for that procedure.
    (d) A pilot who has begun the final approach segment of an
instrument approach to an airport under paragraph (c) of this section,
and receives a later weather report indicating that conditions have
worsened to below the minimum requirements, may continue the approach
only if the requirements of Sec.  91.175(l) of this chapter, paragraph
(j) of this section, or both of the following conditions are met--
    (1) The later weather report is received when the aircraft is in
one of the following approach phases:
    (i) The aircraft is on an ILS final approach and has passed the
final approach fix;
    (ii) The aircraft is on an ASR or PAR final approach and has been
turned over to the final approach controller; or
    (iii) The aircraft is on a non-precision final approach and the
aircraft--
    (A) Has passed the appropriate facility or final approach fix; or
    (B) Where a final approach fix is not specified, has completed the
procedure turn and is established inbound toward the airport on the
final approach course within the distance prescribed in the procedure;
and
    (2) The pilot in command finds, on reaching the authorized MDA or
DA/DH, that the actual weather conditions are at or above the minimums
prescribed for the procedure being used.
* * * * *
    (j) A pilot may begin an instrument approach procedure, or continue
an approach, at an airport when the visibility is reported to be less
than the visibility minimums prescribed for that procedure if the pilot
uses an operable EFVS in accordance with Sec.  91.176 of this chapter
and the certificate holder's operations specifications for EFVS
operations.

0
38. Effective March 13, 2018, amend Sec.  135.225 by revising paragraph
(d) introductory text to read as follows:

Sec.  135.225   IFR: Takeoff, approach and landing minimums.

* * * * *
    (d) Except as provided in paragraph (j) of this section, a pilot
who has begun the final approach segment of an instrument approach to
an airport under paragraph (c) of this section, and receives a later
weather report indicating that conditions have worsened to below the
minimum requirements, may continue the approach only if the following
conditions are met--
* * * * *

0
39. Amend Sec.  135.293 by adding paragraph (i) to read as follows:

Sec.  135.293   Initial and recurrent pilot testing requirements.

* * * * *
    (i) If the certificate holder is authorized to conduct EFVS
operations, the competency check in paragraph (b) of this section must
include tasks appropriate to the EFVS operations the certificate holder
is authorized to conduct.
    Issued under authority provided by 49 U.S.C. 106(f), 44701(a), and
44703 in Washington, DC, on November 7, 2016.

Michael P. Huerta,
Administrator.
[FR Doc. 2016-28714 Filed 12-12-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 90 (Thursday, May 9, 2019)]
[Notices]
[Pages 20461-20462]
[FR Doc No: 2019-09588]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No.: FAA-2019-0229]

Agency Information Collection Activities: Request for Comments;
Clearance of a New Approval of Information Collection: Launch and
Reentry Licensing Requirements

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the
FAA invites public comments on its proposed collection of information
pursuant to changes to the FAA's commercial space transportation
regulations proposed in the ``Streamlined Launch and Reentry Licensing
Requirements'' notice of proposed rulemaking (NPRM). A copy of the NPRM
is available in the docket for this notice. This information collection
would consolidate two previously approved information collections under
one, new OMB Control Number. This collection would allow the FAA to
continue ensuring commercial space activities do not unduly jeopardize
public health and safety, safety of property, or the national security
and foreign policy interests of the United States. The FAA intends to
request the Office of Management and Budget's approval of this
information collection.

DATES: Written comments should be submitted by July 8, 2019.

ADDRESSES: Please send written comments to:
    By Electronic Docket: www.regulations.gov (Enter docket number FAA-
2019-0229 into search field).
    By mail: Shirley McBride, Program Manager, Federal Aviation
Administration, AST-300, 800 Independence Avenue SW, Washington, DC
20591.
    By fax:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Shirley McBride, Program Manager, by
email at<EMAIL_ADDRESS>phone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.
    OMB Control Number: 2120-NEW.
    Title: Streamlined Launch and Reentry Licensing Requirements.
    Form Numbers: None.
    Type of Review: This is a request for OMB clearance of an
information collection that would consolidate two previous collections
\1\ into one collection under a new OMB Control Number.\2\
---------------------------------------------------------------------------

    \1\ OMB Control Number 2120-0608: Title 14 CFR, Parts 401, 413,
415, 417; Licensing and Safety Requirements for Launch (For
Expendable Launch Vehicle). OMB Control Number 2120-0643: Title 14
CFR, Parts 431, 435; Commercial Space Transportation Reusable Launch
Vehicle Mission Licensing Regulations (Part 431) and Commercial
Space Transportation Reentry of a Vehicle Other Than a Reusable
Launch Vehicle Licensing Regulations (Part 435).
    \2\ OMB Control Number 2120-NEW: Title 14 CFR, Parts 401, 413,
450; Launch and Reentry Licensing Requirements.
---------------------------------------------------------------------------

    Background: 51 U.S.C. Chapter 509 requires that the FAA oversee
commercial space transportation activities in the United States, or
conducted by United States citizens abroad, to ensure they do not
unduly jeopardize the public health and safety, safety of property, or
national security or foreign policy interests of the United States.
Generally speaking, Chapter 509 requires a person to obtain a license
to launch or reenter a vehicle from or to the United States, or a U.S.
citizen to obtain a license to launch or reenter a vehicle from or to a
point outside the United States.
    On April 15, 2019, the FAA published the NPRM titled ``Streamlined
Launch and Reentry Licensing Requirements,'' a copy of which you can
find in the docket to this notice. The proposed rule would streamline
and increase flexibility in the FAA's commercial space regulations;
remove obsolete requirements; and, consolidate and revise multiple
regulatory parts to apply a single set of licensing and safety
regulations across several types of launch and reentry activities and
related vehicles. Specifically, the NPRM would eliminate current parts
415, 417, 431, and 435 and replace them with part 450, an updated,
streamlined, and consolidated version of the previous requirements. The
FAA collected information for those parts pursuant to OMB Control
Numbers 2120-0608 and 2120-0643. As a result, the two current
Information Collection Requirements \3\ associated with those
eliminated parts would be obsolete. The FAA proposes to replace the
obsolete Information Collection Requirements with a new collection
associated with proposed part 450. The new collection reflects the
proposed requirements described in detail in the referenced NPRM and
summarized below.
---------------------------------------------------------------------------

    \3\ Ibid.
---------------------------------------------------------------------------

    Parts 413 and 450 collectively identify information applicants must
submit for a vehicle operator license. Part 413 (Sec.  413.7) sets the
manner for submitting an application. Part 450 Subpart B (Requirements
to obtain a vehicle operator license) sets the broad application
requirements to obtain a vehicle operator license. For example, Sec.
450.41 sets requirements for policy review, Sec.  450.43 for payload
review, Sec.  450.45 covers safety, and Sec.  450.47 addresses
environmental requirements. Part 450 subpart C (Safety requirements)
focuses on safety requirements, some of which must be satisfied by the
time of application while others apply post-license. Applicants must,
therefore, provide the FAA information showing regulatory compliance
both as part of the application and after the FAA grants a license.
Part 450 subpart D (Terms and conditions of a vehicle operator license)
contains requirements for continuing accuracy of a license and
application for modification of a license (Sec.  450.211), preflight
reporting (Sec.  450.213), post-flight reporting (Sec.  450.215), and
registration of space objects (Sec.  450.217.)
    The FAA's Office of Commercial Space Transportation (AST) uses the
information to ensure commercial space activities in the United States,
or conducted by United States citizens abroad, do not jeopardize the
public health and safety, safety of property, or national security or
foreign policy interests of the United States. AST uses the data to
assess the risk to public health and safety, and the safety of
property. Risk must remain within the limits set in FAA regulations.
AST shares other information with government partners (e.g., the
National Aeronautics and Space Administration, U.S. Department of
Defense, U.S. Department of State) during payload and policy reviews to
ensure the

proposed activities do not present unacceptable national security or
foreign policy implications for the United States.
    The FAA collects information before and after the issuance of a
vehicle operator license. An applicant's license proposal is assessed
in terms of significant policy issues affecting the national security,
foreign policy interests, or international obligations of the United
States. Information collected allows AST to make a preliminary
assessment of a proposed launch or reentry prior to beginning general
licensing application procedures. The applicant must also demonstrate
that it can safely launch, including with a payload if any, or reenter
its vehicle. To this end, AST's safety evaluation process requires an
applicant to submit information that includes a description of its
system safety program, hazard control strategy, and mishap response
plan. Also, operators must meet preflight and post-flight reporting
requirements.
    Additionally, Article IV of the 1975 Convention on Registration of
Objects Launched Into Outer Space (Registration of Space Objects), to
which the United States is a signatory, requires details about the
orbit of each space object. To meet this obligation, the FAA requires
operators to register with AST the name and mission of any payload.
    Further, according to the requirements of the National
Environmental Policies Act, 42 U.S.C. 4321, et seq., (NEPA), the
Council on Environmental Quality Regulations for Implementing the
Procedural Provisions of NEPA, 40 CFR parts 1500-1508, and the DOT's
Procedures for Considering Environmental Impacts, (that is, DOT Order
5610.1C), applicants must submit environmental information to AST. This
includes information concerning proposed new launch or reentry sites
and launch or reentry vehicles not currently described in the
environmental impact statements, as well as payloads that may have
significant environmental impacts if a launch or reentry accident
occurs.
    For the most part, the information the FAA collects is not
collected by other government entities. However, the FAA works with
regulated entities and other government agencies to identify areas of
duplication. To the extent the FAA identifies duplication, the FAA
encourages regulated entities to submit the previously submitted
documentation to the FAA in its original format. In general, an
applicant can submit information in any format. Unique information
routinely constitutes a small portion of the data collected.
Furthermore, instead of resubmitting a document to the FAA, the FAA
allows a regulated entity to reference previously submitted materials
(highlighting any changes).
    The FAA expects the information received under prior OMB Control
Numbers 2120-0608 and 2120-0643 to be substantively similar to the
information received under the new OMB control number.
    Respondents: All entities wishing to obtain or maintain a vehicle
operator license to conduct commercial space launch or reentry
activities would be required to report information from this
collection.
    Frequency: An operator may submit an initial application for one or
multiple launches or reentries or may modify an existing license or may
renew an existing license. The FAA estimates it would receive on
average 5 initial applications, 9 modifications, and 3 renewals
annually.
    Estimated Average Burden per Response: Each initial application is
estimated to take 2,903 hours, each modification is estimated to take
1,452 hours and each license renewal is expected to take 290 hours.
    Estimated Total Annual Burden: The estimated total average annual
burden hours is 27,000 hours.

    Issued in Washington, DC, on May 3, 2019.
Kelvin B. Coleman,
Deputy Associate Administrator, Office of Commercial Space
Transportation.
[FR Doc. 2019-09588 Filed 5-8-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 146 (Monday, July 30, 2012)]
[Proposed Rules]
[Page 44544]
[FR Doc No: 2012-18559]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0427]
RIN 1625-AA00

Safety Zone; Gilmerton Bridge Center Span Float-In, Elizabeth
River; Norfolk, Portsmouth, and Chesapeake, VA

AGENCY: Coast Guard, DHS.

ACTION: Proposed rule; withdrawal.

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SUMMARY: The Coast Guard is withdrawing its proposed rule concerning
the Gilmerton Bridge Center Span Float-in and bridge construction of
span placement. The original proposal had a start date of July 31,
2012, and must be rescheduled to start on September 5, 2012, due to
unforeseen circumstances with span lift construction.

DATES: The proposed rule is withdrawn on July 6, 2012.

ADDRESSES: The docket for this withdrawn rulemaking is available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. You may also find
this docket on the Internet by going to http://www.regulations.gov,
inserting USCG-2012-0427 in the ``Keyword'' box, and then clicking
``Search.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice, call or email Hector Cintron, Waterways Management Division
Chief, Sector Hampton Roads, Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing material in
the docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background

    On July 25, 2012, we published a notice of proposed rulemaking
entitled ``Safety Zone; Gilmerton Bridge Center Span Float-in,
Elizabeth River; Norfolk, Portsmouth, and Chesapeake, Virginia'' in the
Federal Register (77 FR 43557). The rulemaking concerned establishing a
safety zone on the navigable waters of the Elizabeth River in Norfolk,
Portsmouth, and Chesapeake, VA, in order to provide for the safety of
life on navigable waters during the Gilmerton Bridge Center Span Float-
in and bridge construction of span placement.

Withdrawal

    The proposed rule is being withdrawn due to unforeseen
circumstances in the construction timeline of the Center Span, which
has caused a 5 week delay in the project.

    Authority: We issue this notice of withdrawal under the
authority of 5 U.S.C. 552(a), 44 U.S.C. 1505(a)(3), and 33 CFR 1.05-
1.

    Dated: July 17, 2012.
John K. Little,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2012-18559 Filed 7-27-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 81, Number 230 (Wednesday, November 30, 2016)]
[Proposed Rules]
[Pages 86312-86314]
[FR Doc No: 2016-28738]

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

40 CFR 180

[EPA-HQ-OPP-2015-0032; FRL-9954-06]

Receipt of Several Pesticide Petitions Filed for Residues of
Pesticide Chemicals in or on Various Commodities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of filing of petitions and request for comment.

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

SUMMARY: This document announces the Agency's receipt of several
initial filings of pesticide petitions requesting the establishment or
modification of regulations for residues of pesticide chemicals in or
on various commodities.

DATES: Comments must be received on or before December 30, 2016.

ADDRESSES: Submit your comments, identified by the docket
identification (ID) number and the pesticide petition number (PP) of
interest as shown in the body of this document, by one of the following
methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Michael L. Goodis, Acting Director,
Registration Division (RD) (7505P), main telephone number: (703) 305-
7090; email address<EMAIL_ADDRESS>or Robert McNally, Director,
Biopesticides and Pollution Prevention Division (7511P); main number
(703) 305-7090; email address:

<EMAIL_ADDRESS>The mailing address for each contact person is:
Office of Pesticide Programs, Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001. As part of the
mailing address, include the contact person's name, division, and mail
code. The division to contact is listed at the end of each pesticide
petition summary.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
    [emsp14]Crop production (NAICS code 111).
    [emsp14]Animal production (NAICS code 112).
    [emsp14]Food manufacturing (NAICS code 311).
    [emsp14]Pesticide manufacturing (NAICS code 32532).
    If you have any questions regarding the applicability of this
action to a particular entity, consult the person listed under FOR
FURTHER INFORMATION CONTACT for the division listed at the end of the
pesticide petition summary of interest.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.
    3. Environmental justice. EPA seeks to achieve environmental
justice, the fair treatment and meaningful involvement of any group,
including minority and/or low-income populations, in the development,
implementation, and enforcement of environmental laws, regulations, and
policies. To help address potential environmental justice issues, the
Agency seeks information on any groups or segments of the population
who, as a result of their location, cultural practices, or other
factors, may have atypical or disproportionately high and adverse human
health impacts or environmental effects from exposure to the pesticides
discussed in this document, compared to the general population.

II. What action is the Agency taking?

    EPA is announcing its receipt of several pesticide petitions filed
under section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA),
21 U.S.C. 346a, requesting the establishment or modification of
regulations in 40 CFR 180 for residues of pesticide chemicals in or on
various food commodities. The Agency is taking public comment on the
requests before responding to the petitioners. EPA is not proposing any
particular action at this time. EPA has determined that the pesticide
petitions described in this document contain the data or information
prescribed in FFDCA section 408(d)(2), 21 U.S.C. 346a(d)(2); however,
EPA has not fully evaluated the sufficiency of the submitted data at
this time or whether the data support granting of the pesticide
petitions. After considering the public comments, EPA intends to
evaluate whether and what action may be warranted. Additional data may
be needed before EPA can make a final determination on these pesticide
petitions.
    Pursuant to 40 CFR 180.7(f), a summary of each of the petitions
that are the subject of this document, prepared by the petitioner, is
included in a docket EPA has created for each rulemaking. The docket
for each of the petitions is available at http://www.regulations.gov.
    As specified in FFDCA section 408(d)(3), 21 U.S.C. 346a(d)(3), EPA
is publishing notice of the petitions so that the public has an
opportunity to comment on these requests for the establishment or
modification of regulations for residues of pesticides in or on food
commodities. Further information on the petitions may be obtained
through the petition summaries referenced in this unit.
New Tolerances
    1. PP 6E8462. (EPA-HQ-OPP-2016-0365). Syngenta Crop Protection,
LLC, P.O. Box 18300, Greensboro, NC 27419, requests to establish an
import tolerance in 40 CFR part 180 for residues of the herbicide
trinexapac-ethyl: 4-(cyclopropyl-[alpha]-hydroxy-methylene)-3,5-dioxo-
cyclohexanecarboxylic acid ethyl ester expressed as its primary
metabolite CGA-179500: 4-(cyclopropyl-[alpha]-hydroxy-methylene)-3,5-
dioxo-cyclohexanecarboxylic acid in or on poppy, seed at 8 parts per
million (ppm). The Syngenta Crop Protection Analytical Method
GRM020.01A is used to measure and evaluate the chemical trinexapac-
ethyl expressed as its major metabolite CGA-179500. Contact: RD.
    2. PP 6E8488. (EPA-HQ-OPP-2016-0384). Interregional Research
Project No. 4 (IR-4) Project Headquarters, Rutgers, The State
University of NJ, 500 College Road East, Suite 201 W, Princeton, NJ
08540, requests to establish a tolerance in 40 CFR part 180 for
residues of the herbicide quinclorac, 3,7-dichloro-8-
quinolinecarboxylic acid in or on asparagus at 0.06 ppm; the bushberry
subgroup 13-07B, except lowbush blueberry at 0.6 ppm; and the caneberry
subgroup 13-07A at 0.06 ppm. Adequate analytical methods gas
chromatography/electron capture detector (GC/ECD) are available for
enforcing quinclorac tolerances on plant (BASF Method A8902) and
livestock (BASF Method 268/1) commodities. Contact: RD.
    3. PP 6E8492. (EPA-HQ-OPP-2016-0495). Interregional Research
Project No. 4 (IR-4) Project Headquarters, Rutgers, The State
University of NJ, 500 College Road East, Suite 201 W, Princeton, NJ
08540, requests to establish a tolerance in 40 CFR part 180 for
residues of prometryn in or on the raw agricultural commodity lettuce
at 0.5 ppm; cottonseed subgroup 20C at 0.25 ppm; fennel, Florence at
0.5 ppm; leaf petiole vegetable subgroup 22B at 0.5 ppm; sesame, oil at
0.12 ppm; sesame, seed at 0.05 ppm; and Swiss chard at 0.5 ppm. A gas
chromatography analytical method is available for enforcement purposes.
The method determines residues of prometryn in/on plants using a
microcoulometric sulfur detection system. Contact: RD.
    4. PP 6E8498. (EPA-HQ-OPP-2016-0563). Bayer CropScience, 2 T.W.
Alexander Drive, Research Triangle Park, NC 27709, requests to
establish a tolerance in 40 CFR part 180 for residues of the
insecticide, imidacloprid, in or on olive at 2 ppm, tea, green at 50
ppm, and tea, black (dried) at 50 ppm. The common moiety method using a
permanganate oxidation, silyl derivatization, and capillary gas
chromatography mass spectrometry (GC MS) selective ion

monitoring is used to measure and evaluate the chemical imidacloprid
and its metabolites containing the 6-chloropyridinyl moiety. Contact:
RD.
    5. PP 6F8479. (EPA-HQ-OPP-2016-0508). Bayer CropScience LP, 2 T.W.
Alexander Drive, Research Triangle Park, NC 27709, requests to
establish a tolerance in 40 CFR part 180 for residues of the fungicide
fluoxastrobin in or on Rapeseed Subgroup 20A at 0.01 ppm. The
analytical method liquid chromatography-mass spectrometry (LC/MS/MS)
detection method is used to measure and evaluate the chemical
fluoxastrobin. Contact: RD.
    6. PP 6F8458. (EPA-HQ-OPP-2016-0537). Syngenta Crop Protection,
LLC, PO Box 18300, Greensboro, NC 27419, requests to establish
tolerances in 40 CFR 180.665 for residues of the fungicide, sedaxane,
by establishing tolerances in or on grain, cereal, forage, fodder and
straw, group 16 at 0.06 ppm; grain, cereal, group 15 at 0.01 ppm;
peanut at 0.01 ppm; and peanut, hay at 0.08 ppm. The GRM023.01A/
GRM023.01B and HPLC/LC-MS/MS is used to measure and evaluate the
chemical sedaxane. Contact: RD.
    7. PP 6F8475. (EPA-HQ-OPP-2016-0538). FMC Corporation, 1735 Market
Street, Philadelphia, PA 19103, requests to establish a tolerance in 40
CFR 180 for residues of the fungicide, bixafen, in or on cattle, fat at
0.5 ppm; cattle, kidney at 0.3 ppm; cattle, liver at 1.5 ppm; cattle,
muscle at 0.15 ppm; grain, cereal, forage, fodder and straw, group 16
(except rice), forage at 4.0 ppm; grain, cereal, forage, fodder and
straw, group 16 (except rice), hay at 5.0 ppm; grain, cereal, forage,
fodder and straw, group 16 (except rice), stover at 6.0 ppm; grain,
cereal, forage, fodder and straw, group 16 (except rice), straw at 7.0
ppm; grain, cereal, group 15 (except rice and sorghum) at 0.15 ppm;
grain, aspirated fractions at 80 ppm; milk at 0.1 ppm; oilseed,
rapeseed subgroup 20A at 0.15 ppm; peanut, hay at 10.0 ppm; peanut,
nutmeat at 0.02 ppm; peanut, refined oil at 0.04 ppm; poultry, eggs at
0.02 ppm; poultry, fat at 0.02 ppm; poultry, liver at 0.02 ppm;
poultry, muscle at 0.02 ppm; sorghum, grain at 3.0 ppm; soybean, hulls
at 0.15 ppm; soybean, seed at 0.06 ppm; sugar beet, dried pulp at 1.0
ppm; vegetable, root subgroup 1A at 0.2 ppm and vegetable, tuberous and
corm subgroup 1C at 0.02 ppm. The HPLC-MS/MS is used to measure and
evaluate the chemical bixafen. Contact: RD.
    8. PP 6F8493. (EPA-HQ-OPP-2016-0536). United Phosphorus, Inc., 630
Freedom Business Center, Suite 402, King of Prussia, PA 19406, requests
to establish a tolerance in 40 CFR 180 for residues of the fungicide,
ziram, in or on filbert (hazelnut) at 0.1 ppm. The residues of ziram
are determined by acid hydrolysis to release carbon disulfide (CS2).
The CS2 is measured by head-space gas chromatography or
colorimetrically. Adequate enforcement methodology is used to measure
and evaluate the chemical ziram. Contact: RD.
Amended Tolerances
    1. PP 6E8492. (EPA-HQ-OPP-2016-0495). Interregional Research
Project No. 4 (IR-4) Project Headquarters, Rutgers, The State
University of NJ, 500 College Road East, Suite 201 W, Princeton, NJ
08540, requests to remove the tolerances in 40 CFR 180.222 for residues
of prometryn in or on cotton, undelinted seed at 0.25 ppm and the leaf
petioles subgroup 4B at 0.5 ppm. A gas chromatography analytical method
is available for enforcement purposes. The method determines residues
of prometryn in/on plants using a microcoulometric sulfur detection
system. Contact: RD.
    2. PP 6E8500. (EPA-HQ-OPP-2016-0518). BASF Corporation, P.O. Box
13528, Research Triangle Park, NC 27709, requests to amend the
tolerance in 40 CFR 180.663 for residues of the fungicide ametoctradin
in or on hops, dried cone from 10 ppm to 100 ppm. The high performance
liquid chromotography--mass spectrometry (HPLC-MS/MS) analytical method
is used to measure and evaluate the chemical residues of ametoctradin.
Contact: RD.
    3. PP 6F8458. (EPA-HQ-OPP-2016-0537). Syngenta Crop Protection,
LLC, PO Box 18300, Greensboro, NC 27419, requests to amend the
tolerances in 40 CFR 180.665 for residues of the fungicide, sedaxane,
by removing the tolerances on barley, grain at 0.01 ppm; barley, hay at
0.04 ppm; barley, straw at 0.01 ppm; corn, field, forage at 0.01 ppm;
corn, field, grain at 0.01 ppm; corn, field, stover at 0.01 ppm; corn,
pop, grain at 0.01 ppm; corn, pop, stover at 0.01 ppm; corn, sweet,
forage at 0.01 ppm; corn, sweet, kernel plus cob with husks removed at
0.01 ppm; corn, sweet, stover at 0.01 ppm; oat, forage at 0.015 ppm;
oat, grain at 0.01 ppm; oat, hay at 0.06 ppm; oat, straw at 0.01 ppm;
rye, forage at 0.015 ppm; rye, grain at 0.01 ppm; rye, straw at 0.01
ppm; sorghum, grain, forage at 0.01 ppm; sorghum, grain, grain at 0.01
ppm; sorghum, grain, stover at 0.01 ppm; wheat, forage at 0.015 ppm;
wheat, grain at 0.01 ppm; wheat, hay at 0.06 ppm; and wheat, straw at
0.01 ppm. The GRM023.01A/GRM023.01B and HPLC/LC-MS/MS is used to
measure and evaluate the chemical sedaxane. Contact: RD.
New Tolerance Exemptions
    1. PP IN-10849. (EPA-HQ-OPP-2015-0728). Jeneil Biosurfactant
Company, 1150 18th Street NW., Suite 1000, Washington, DC 20036,
requests to establish an exemption from the requirement of a tolerance
for residues of isoamyl alcohol (CAS Reg. No. 123-51-3) when used as an
inert ingredient (solvent) in pesticide formulations applied to growing
crops and raw agricultural commodities after harvest under 40 CFR
180.910. The petitioner believes no analytical method is needed because
it is not required for an exemption from the requirement of a
tolerance. Contact: RD.
    2. PP IN-10949. (EPA-HQ-OPP-2016-0337). Clariant Corporation, 4000
Monroe Road, Charlotte, NC 28205 requests to establish an exemption
from the requirement of a tolerance for residues of fatty acids,
montan-wax, ethoxylated (CAS Reg No. 68476-04-0) having a minimum
number-average molecular weight (in amu) of 1800, when used as an inert
ingredient in pesticide formulations under 40 CFR 180.960. The
petitioner believes no analytical method is needed because it is not
required for a tolerance exemption. Contact: RD.
Amended Tolerance Exemptions
    1. PP 6E8471. (EPA-HQ-OPP-2016-0566). Interregional Research
Project Number 4 (IR-4), Rutgers University, 500 College Rd. East,
Suite 201W, Princeton, NJ 08540, requests to amend an exemption from
the requirement of a tolerance in 40 CFR 180.1206 for residues of the
fungicide Aspergillus flavus AF36 by adding in or on almond and fig.
The petitioner believes no analytical method is needed because an
exemption from the requirement of a tolerance is proposed for Almond
and Fig. Contact: BPPD.

    Authority: 21 U.S.C. 346a.

    Dated: November 16, 2016.
Michael L. Goodis,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2016-28738 Filed 11-29-16; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: September 7, 2007 (Volume 72, Number 173)]
[Notices]
[Page 51423-51424]
[DOCID:fr07se07-47]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. EL07-90-000; QF86-417-009]

Corona Energy Partners, Ltd.; Notice of Filing

August 28, 2007.
    Take notice that on August 22, 2007, Corona Energy Partners, Ltd.
(Corona) pursuant to 18 CFR 292.205(c), filed a request for a temporary
limited waiver of the Commission's operating and efficiency standards
in 18 CFR 292.205(a)(2), with respect to the qualifying status of its
cogeneration facility located in the City of Corona, Riverside County,
California, for calendar years 2007 and 2008.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.

    This filing is accessible on-line at http://www.ferc.gov, using the

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

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on September 21, 2007.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-17666 Filed 9-6-07; 8:45 am]

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[Federal Register Volume 78, Number 82 (Monday, April 29, 2013)]
[Proposed Rules]
[Pages 25008-25011]
[FR Doc No: 2013-09852]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2013-0212]
RIN 1625-AA00

Safety Zone; Fairfield Estates Fireworks Display, Atlantic Ocean,
Sagaponack, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of Proposed Rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone
on the navigable waters of the Atlantic Ocean, in Sagaponack, NY for
the Fairfield Estates fireworks display. This action is necessary to
provide for the safety of life on navigable waters during the event.
Entering into, transiting through, remaining, anchoring or mooring
within this regulated area would be prohibited unless authorized by the
Captain of the Port (COTP) Sector Long Island Sound.

DATES: Comments and related material must be received by the Coast
Guard on or before May 29, 2013.
    Requests for public meetings must be received by the Coast Guard on
or before May 6, 2013.

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

FOR FURTHER INFORMATION CONTACT: If you have questions on this
rulemaking, call or email Petty Officer Scott Baumgartner, Prevention
Department, Coast Guard Sector Long Island Sound,<PHONE_NUMBER>,
<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Public Participation and Request for Comments

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

1. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
type the docket number [USCG-2013-0212] in

the ``SEARCH'' box and click ``SEARCH.'' Click on ``Submit a Comment''
on the line associated with this rulemaking.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number (USCG-2013-0212) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.

3. Privacy Act

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

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one, using one of the methods specified under ADDRESSES on
or before May 6, 2013. Please explain why you believe a public meeting
would be beneficial. If we determine that one would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.

B. Regulatory History and Information

    This is a first time event with no regulatory history.

C. Basis and Purpose

    The legal basis for this temporary rule is 33 U.S.C. 1231; 46
U.S.C. chapters 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1,
6.04-1, 6.04-6 and 160.5; Public Law 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1 which
collectively authorize the Coast Guard to define regulatory safety
zones.
    This temporary regulation is necessary to ensure the safety of
vessels and spectators from hazards associated with fireworks display.

D. Discussion of Proposed Rule

    This temporary rule proposes to establish a safety zone for the
Fairfield Estates fireworks display. This proposed regulated area
includes all waters of the Atlantic Ocean within a 1000 foot radius of
the fireworks barge located 1000 feet south of the Fairfield Estate in
Sagaponack, NY.
    This rule will be effective from 8:30 p.m. on August 1, 2013
through 10:30 p.m. on August 2, 2013.
    The fireworks display is scheduled to occur from 8:30 p.m. until
10:30 p.m. on August 1, 2013. If the event is cancelled due to
inclement weather, then this regulation will be enforced from 8:30 p.m.
until 10:30 p.m. on August 2, 2012.
    Because spectator vessels are expected to congregate around the
location of the fireworks display, this regulated area is necessary to
protect both spectators and participants from the hazards created by
unexpected pyrotechnics detonation, and burning debris. This proposed
rule would temporarily establish a regulated area to restrict vessel
movement around the location of the fireworks display to reduce the
safety risks associated with it.
    To aid the public in identifying the launch platform; fireworks
barges used for this display will have a sign on their port and
starboard side labeled ``FIREWORKS--STAY AWAY.'' This sign will consist
of 10 inch high by 1.5 inch wide red lettering on a white background.
    Public notifications may be made to the local maritime community
prior to the event through the Local Notice to Mariners, and Broadcast
Notice to Mariners.

E. Regulatory Analyses

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

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    The Coast Guard determined that this rulemaking would not be a
significant regulatory action for the following reasons: The regulated
area will be of limited duration, the area covers only a small portion
of the navigable waterways and waterway users may transit around the
area. Also, mariners may request permission from the COTP Sector Long
Island Sound or the designated representative to transit the zone.
    Advanced public notifications will also be made to the local
maritime community through the Local Notice to Mariners as well as
Broadcast Notice to Mariners.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
will not have a significant economic impact on a substantial number of
small entities.
    Those potentially impacted include owners or operators of vessels
intending to enter, transit, anchor or moor within the regulated area
during the effective period. The temporary safety zone will not have a
significant economic impact on a substantial number of small entities
for the following reasons: The regulated area will be of limited size
and of short duration and mariners may request permission from the COTP
Sector Long Island Sound or the designated representative to transit
the zone. Notifications will be made to the maritime community through
the Local Notice to Mariners and Broadcast Notice to Mariners well in
advance of the event.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the

rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the person listed in the FOR
FURTHER INFORMATION CONTACT, above. The Coast Guard will not retaliate
against small entities that question or complain about this proposed
rule or any policy or action of the Coast Guard.

4. Collection of Information

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

5. Federalism

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

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children From Environmental Health Risks

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

11. Indian Tribal Governments

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

12. Energy Effects

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

13. Technical Standards

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

14. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination 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
involves establishing a safety zone. This rule may be categorically
excluded from further review under paragraph 34(g) of Figure 2-1 of the
Commandant Instruction. A preliminary environmental analysis checklist
supporting this determination and a Categorical Exclusion Determination
are available in the docket where indicated under ADDRESSES. We seek
any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREA AND LIMITED ACCESS AREAS

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

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

0
2. Add Sec.  165.T01-0212 to read as follows:

Sec.  165.T01-0212  Safety Zone; Fairfield Estates Fireworks Display,
Atlantic Ocean, Sagaponack, NY.

    (a) Location. The following area is a safety zone: All waters of
the Atlantic Ocean within a 1000-foot radius of the fireworks barge
located off the Fairfield Estate in Sagaponack, NY approximate position
40[deg]54'26.97'' N, 072[deg]15'9.39'' W North American Datum 1983.
    (b) Enforcement Period. This rule will be enforced from 8:30 p.m.
until 10:30 p.m. on August 1, 2013. If the event is postponed due to
inclement weather, then this rule will be enforced from 8:30 p.m. until
10:30 p.m. on August 2, 2013.
    (c) Regulations. The general regulations contained in 33 CFR 165.23
apply. During the enforcement period, entering into, transiting
through, remaining, mooring or anchoring within this safety zone is
prohibited unless authorized by the Captain of the Port (COTP) or the
designated representatives.
    (1) Definitions. The following definitions apply to this section:
    (i) Designated Representative. A ``designated representative'' is
any Coast Guard commissioned, warrant or petty officer of the U.S.
Coast Guard who has been designated by the COTP, Sector Long Island
Sound, to act on his or her behalf. The designated representative may
be on an official patrol vessel or may be on shore and will communicate
with vessels via VHF-FM radio or loudhailer. In addition, members of
the Coast Guard Auxiliary may be present to inform vessel operators of
this regulation.

    (ii) Official Patrol Vessels. Official patrol vessels may consist
of any Coast Guard, Coast Guard Auxiliary, state, or local law
enforcement vessels assigned or approved by the COTP Sector Long Island
Sound.
    (iii) Spectators. All persons and vessels not registered with the
event sponsor as participants or official patrol vessels.
    (2) Spectators desiring to enter or operate within the regulated
area should contact the COTP Sector Long Island Sound at<PHONE_NUMBER>
(Sector LIS command center) or the designated representative via VHF
channel 16 to obtain permission to do so. Spectators given permission
to enter or operate in the regulated area must comply with all
directions given to them by the COTP Sector Long Island Sound or the
designated on-scene representative.
    (3) Upon being hailed by an official patrol vessel or the
designated representative, by siren, radio, flashing light or other
means, the operator of the vessel shall proceed as directed. Failure to
comply with a lawful direction may result in expulsion from the area,
citation for failure to comply, or both.
    1. Fireworks barges used in this location will have a sign on their
port and starboard side labeled ``FIREWORKS--STAY AWAY''. This sign
will consist of 10 inch high by 1.5 inch wide red lettering on a white
background.

    Dated: April 8, 2013.
J.M. Vojvodich,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island
Sound.
[FR Doc. 2013-09852 Filed 4-26-13; 8:45 am]
BILLING CODE 9110-04-P