[Federal Register Volume 76, Number 166 (Friday, August 26, 2011)]
[Notices]
[Page 53429]
[FR Doc No: 2011-21821]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12927-002; Project No. 14075-000]

Free Flow Power Corporation; Northland Power Mississippi River
LLC; Notice of Competing Preliminary Permit Applications Accepted for
Filing and Soliciting Comments, Motions To Intervene, and Competing
Applications

    Free Flow Power Corporation (Free Flow) and Northland Power
Mississippi River LLC (Northland) filed preliminary permit
applications, pursuant to section 4(f) of the Federal Power Act,
proposing to study the feasibility of developing hydropower projects
hydropower on the Mississippi River, in West Feliciana and Pointe
Coupee Parishes, Louisiana. Both applications were filed electronically
and given the filing date of February 1, 2011, at 8:30 a.m. The sole
purpose of a preliminary permit, if issued, is to grant the permit
holder priority to file a license application during the permit term. A
preliminary permit does not authorize the permit holder to perform any
land-disturbing activities or otherwise enter upon lands or waters
owned by others without the owners' express permission.
    The proposed projects are described as follows:

    Free Flow's hydrokinetic Project, Project No. 12927-002 would
consist of: (1) Up to 2,250 SmartTurbine generating units installed
in arrays on the bottom of the river; (2) the total capacity of the
installation would be up to 90,000 kilowatts; (3) flexible cables
would convey each array's power to a metering station; and (4) a
transmission line would interconnect with the power grid. The
proposed project would have an average annual generation of
197,100,000 kilowatt-hours (kWh), which would be sold to a local
utility.
    Northland's hydrokinetic Project, Project No. 14075-000 would
consist of: (1) Up to 677 TREK generating units installed in a
matrix on the bottom of the river; (2) the total capacity of the
installation would be up to 169,000 kilowatts; (3) shielded
underwater cables would convey each matrix power to a substation;
and (4) a transmission line would interconnect with the power grid.
The proposed project would have an average annual generation of
1,482,000,000 kWh, which would be sold to a local utility.
    Applicants Contact: For Free Flow: Ramya Swaminathan, Free Flow
Power Corporation, 239 Causeway Street, Boston, MA 02114; phone
(978) 283-2822. For Northland: Tim Richardson, 30 St. Clair Avenue
West, 17th Floor, Toronto, Ontario, Canada; phone<PHONE_NUMBER>.
    FERC Contact: Michael Spencer,<PHONE_NUMBER>.

    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36. Comments, motions to intervene, notices of intent, and
competing applications may be filed electronically via the Internet.
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
Web site (http://www.ferc.gov/docs-filing/ferconline.asp) under the
``eFiling'' link. For a simpler method of submitting text-only
comments, click on ``Quick Comment.'' For assistance, please contact
FERC Online Support at<EMAIL_ADDRESS>call toll-free at
(866) 208-3676; or, for TTY, contact<PHONE_NUMBER>. Although the
Commission strongly encourages electronic filing, documents may also be
paper-filed. To paper-file, mail an original and eight copies to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of the
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-12927-002, or P-14075-000) in the docket
number field to access the document. For assistance, contact FERC
Online Support.

    Dated: August 19, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-21821 Filed 8-25-11; 8:45 am]
BILLING CODE 6717-01-P


                    UNITED STATES OF AMERICA

            DEPARTMENT OF TRANSPORTATION

                    OFFICE OF THE SECRETARY

                             WASHINGTON, DC

                                   	    Issued by the Department of
Transportation on August 16, 2002

		       NOTICE OF ACTION TAKEN -- DOCKET OST-1999-5391

________________________________________________________________________
______

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Application of    Delta Air Lines, Inc.    filed  6/27/02  to:

XX  Renew for two years exemption under 49 U.S.C. 40109 to provide the
following service:

Scheduled foreign air transportation of persons, property, and mail
between any point or points in the United States, and any point or
points in the United Kingdom (except London's Heathrow and Gatwick
Airports), and to combine this authority with its existing certificate
and exemption authority.  Delta proposes to provide this service both
directly and with its code-share partners.

Applicant rep.:   Robert E. Cohn<PHONE_NUMBER>     DOT analyst:
Sylvia Moore<PHONE_NUMBER>

DISPOSITION

XX  Granted  (subject to conditions, see below)

The above action was effective when taken:  August 16, 2002,  through
August 16, 2004

Action taken by:   Paul L. Gretch, Director

	                 Office of International Aviation

XX  The authority granted is consistent with the U.S.-U.K. Air Services
Agreement and the U.S.-U.K. Memorandum of Consultations dated June 5,
1995, which is being applied on the basis of comity and reciprocity.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:  XX  Holder’s
Certificates of Public Convenience and Necessity

	   XX  Standard Exemption Conditions (attached)

	   XX  Statements of Authorization approving Delta/foreign carrier
code-share operations

	           conditions therein

________________________

Conditions:  The route integration authority granted is subject to the
condition that such operations are consistent with the applicable
bilateral aviation agreements.  Furthermore, (a) nothing in the award of
the route integration authority requested should be construed as
conferring upon Delta additional rights (including fifth-freedom
intermediate and/or beyond rights) to serve markets where U.S. carrier
entry is limited unless Delta first notifies the Department of its
intent to serve such a market and unless and until the Department has
completed any necessary carrier selection procedures to determine which
carrier(s) should be authorized to exercise such rights; and (b) should
there be a request by any carrier to use the

(See Reverse Side)

2

limited-entry route rights that are included in Delta’s authority by
virtue of the route integration authority granted here, but that are not
then being used by Delta, the holding of such authority by route
integration will not be considered as providing any preference for Delta
in a competitive carrier selection proceeding to determine which
carrier(s) should be entitled to use the authority at issue.

________________________________________________________________________
______________

On the basis of data officially noticeable under Rule 24(g) of the
Department’s regulations, we found the applicant qualified to provide
the services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our

action was consistent with Department policy; (2) grant of the authority
was consistent with the public interest; and (3) grant of the authority
would not constitute a major regulatory action under the Energy Policy
and Conservation Act of 1975.  To the extent not granted, we denied all
requests in the referenced Docket.  We may amend, modify, or revoke the
authority granted in this Notice at any time without hearing at our
discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp

APPENDIX

U.S. CARRIER

Standard Exemption Conditions

In the conduct of operations authorized by the attached notice, the
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

(5)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR 203, concerning
waiver of Warsaw Convention liability limits and defenses;

(6)  Comply with the applicable requirements of the Federal Aviation
Administration Regulations and with all U.S. Government requirements
concerning security; and

(7)  Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department of Transportation, with all applicable orders and regulations
of other U.S. agencies and courts, and with all applicable laws of the
United States.

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.


[Federal Register: March 6, 2008 (Volume 73, Number 45)]
[Notices]
[Page 12186]
[DOCID:fr06mr08-86]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2008-0025]

Notification of the Imposition of Conditions of Entry for Certain
Vessels Arriving to the United States; Syria

AGENCY: Coast Guard, DHS.

ACTION: Notice.

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SUMMARY: The Coast Guard announces that it will impose conditions of
entry on vessels arriving from the country of Syria.

DATES: The policy announced in this notice will become effective March
20, 2008.

ADDRESSES: This notice will be available for inspection and copying at
the Docket Management Facility at the U.S. Department of
Transportation, Room W12-140 on the Ground Floor of the West Building,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call Mr. Michael Brown, International Port Security Evaluation
Division, Coast Guard, telephone<PHONE_NUMBER>. If you have questions on
viewing or submitting material to the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background and Purpose

    Section 70110 of the Maritime Transportation Security Act of 2002
(Pub. L. 107-295, Nov. 25, 2002) provides that the Secretary of
Homeland Security may impose conditions of entry on vessels requesting
entry into the United States arriving from ports that are not
maintaining effective anti-terrorism measures. The Coast Guard has been
delegated the authority by the Secretary to carry out the provisions of
this section. The Docket contains previous notices imposing or removing
conditions of entry on vessels arriving from certain countries and
those conditions of entry and the countries they pertain to remain in
effect unless modified by this notice.
    The Coast Guard has determined that ports in Syria are not
maintaining effective anti-terrorism measures. Accordingly, effective
March 20, 2008 the Coast Guard will impose the following conditions of
entry on vessels that visited ports in Syria during their last five
port calls. Vessels must:
     Implement measures per the ship's security plan equivalent
to Security level 2 while in a port in the above country;
     Ensure that each access point to the ship is guarded and
that the guards have total visibility of the exterior (both landside
and waterside) of the vessel while the vessel is in ports in the above
country. Guards may be provided by the ship's crew, however, additional
crewmembers should be placed on the ship if necessary to ensure that
limits on maximum hours of work are not exceeded and/or minimum hours
of rest are met, or provided by outside security forces approved by the
ship's master and Company Security Officer;
     Attempt to execute a Declaration of Security while in a
port in the above country;
     Log all security actions in the ship's log;
     Report actions taken to the cognizant U.S. Coast Guard
Captain of the Port prior to arrival into U.S. waters; and
     Ensure that each access point to the ship is guarded by
armed, private security guards and that they have total visibility of
the exterior (both landside and waterside) of the vessel while in U.S.
ports. The number and position of the guards has to be acceptable to
the cognizant Coast Guard Captain of the Port prior to the vessel's
arrival.
    With this notice, the current list of countries not maintaining
effective anti-terrorism measures is as follows: Cameroon, Equatorial
Guinea, Guinea-Bissau, Indonesia, Liberia, Mauritania, and Syria.

    Dated: February 29, 2008.
Rear Admiral David Pekoske, USCG,
Assistant Commandant for Operations.
[FR Doc. 08-975 Filed 3-3-08; 3:22pm]

BILLING CODE 4910-15-P


[Federal Register Volume 79, Number 130 (Tuesday, July 8, 2014)]
[Notices]
[Pages 38539-38541]
[FR Doc No: 2014-15871]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-N-2014-0865]

Patient-Focused Drug Development for Idiopathic Pulmonary
Fibrosis; Public Meeting; Request for Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of public meeting; request for comments.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
a public meeting and an opportunity for public comment on Patient-
Focused Drug Development for idiopathic pulmonary fibrosis. Patient-
Focused Drug Development is part of FDA's performance commitments made
as part of the fifth authorization of the Prescription Drug User Fee
Act (PDUFA V). The public meeting is intended to allow FDA to obtain
patient perspectives on the impact of idiopathic pulmonary fibrosis on
daily life as well as patient views on treatment approaches for
idiopathic pulmonary fibrosis.

DATES: The public meeting will be held on September 26, 2014, from 1
p.m. to 5 p.m. Registration to attend the meeting

must be received by September 10, 2014 (see SUPPLEMENTARY INFORMATION
for instructions). Submit electronic or written comments by November
26, 2014.

ADDRESSES: The public meeting will be held at the FDA White Oak Campus,
10903 New Hampshire Ave., Bldg. 31 Conference Center, the Great Room
(Rm. 1503), Silver Spring, MD 20993-0002. Participants must enter
through Building 1 and undergo security screening. For more information
on parking and security procedures, please refer to http://www.fda.gov/AboutFDA/WorkingatFDA/BuildingsandFacilities/WhiteOakCampusInformation/ucm241740.htm.
    Submit electronic comments to http://www.regulations.gov. Submit
written comments to the Division of Dockets Management (HFA-305), Food
and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD
20852. All comments should be identified with the docket number found
in brackets in the heading of this document.
    FDA will post the agenda approximately 5 days before the meeting
at: http://www.fda.gov/ForIndustry/UserFees/PrescriptionDrugUserFee/ucm395774.htm.

FOR FURTHER INFORMATION CONTACT: Pujita Vaidya, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, Rm. 1144, Silver Spring, MD 20993, 301-796-
0684, FAX:<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    FDA has selected idiopathic pulmonary fibrosis as the focus of a
public meeting under Patient-Focused Drug Development, an initiative
that involves obtaining a better understanding of patient perspectives
on the severity of a disease and the available therapies for that
condition. Patient-Focused Drug Development is being conducted to
fulfill FDA performance commitments that are part of the
reauthorization of PDUFA under Title I of the Food and Drug
Administration Safety and Innovation Act (Pub. L. 112-144). The full
set of performance commitments is available on the FDA Web site at
http://www.fda.gov/downloads/forindustry/userfees/prescriptiondruguserfee/ucm270412.pdf.
    FDA committed to obtain the patient perspective on 20 disease areas
during the course of PDUFA V. For each disease area, the Agency will
conduct a public meeting to discuss the disease and its impact on
patients' daily lives, the types of treatment benefit that matter most
to patients, and patients' perspectives on the adequacy of the
available therapies. These meetings will include participation of FDA
review divisions, the relevant patient communities, and other
interested stakeholders.
    On April 11, 2013, FDA published a notice (78 FR 08441) in the
Federal Register announcing the disease areas for meetings in fiscal
years (FY) 2013-2015, the first 3 years of the 5-year PDUFA V time
frame. The Agency used several criteria outlined in the April 11 notice
to develop the list of disease areas. FDA obtained public comment on
the Agency's proposed criteria and potential disease areas through a
public docket and a public meeting that was convened on October 25,
2012. In selecting the set of disease areas, FDA carefully considered
the public comments received and the perspectives of review divisions
at FDA. By the end of FY 2015, FDA will initiate a second public
process for determining the disease areas for FY 2016-2017. More
information, including the list of disease areas and a general schedule
of meetings, is posted on FDA's Web site at http://www.fda.gov/ForIndustry/UserFees/PrescriptionDrugUserFee/ucm326192.htm.

II. Purpose and Scope of Meeting

    The purpose of this Patient-Focused Drug Development meeting is to
obtain input on the symptoms and other impacts of idiopathic pulmonary
fibrosis that matter most to patients, as well as perspectives on
current approaches to treating idiopathic pulmonary fibrosis. FDA
expects that this information will come directly from patients,
caregivers, and patient advocates. Idiopathic pulmonary fibrosis is a
rare and life-threatening disease in which lung tissue become scarred
over time. Many people with idiopathic pulmonary fibrosis survive only
3 to 5 years from the time of diagnosis. Symptoms of idiopathic
pulmonary fibrosis can include shortness of breath, dry cough, fatigue,
and chest pain. There is no cure for idiopathic pulmonary fibrosis;
symptomatic treatment options include corticosteroids, oxygen therapy,
pulmonary rehabilitation, and lifestyle changes.
    The questions that will be asked of patients and patient
stakeholders at the meeting are listed in this section, organized by
topic. For each topic, a brief initial patient panel discussion will
begin the dialogue. This will be followed by a facilitated discussion
inviting comments from other patient and patient stakeholder
participants. In addition to input generated through this public
meeting, FDA is interested in receiving patient input addressing these
questions through written comments, which can be submitted to the
public docket (see ADDRESSES).

Topic 1: Symptoms and Daily Impacts That Matter Most to Patients

     Of all the symptoms that you experience because of your
condition, which one to three symptoms have the most significant impact
on your life? (Examples may include shortness of breath, cough,
fatigue, etc.)
     Are there specific activities that are important to you
but that you cannot do at all or as fully as you would like because of
your condition? (Examples of activities may include household chores,
walking up the stairs, etc.)
    [cir] How do your symptoms and their negative impacts affect your
daily life on the best days?
    [cir] How do your symptoms and their negative impacts affect your
daily life on the worst days?
     How has your condition and its symptoms changed over time?

Topic 2: Patient Perspectives on Treatment Approaches

     What are you currently doing to help treat your condition
or its symptoms? (Examples may include prescription medicines, over-
the-counter products, and other therapies including non-drug therapies
such as diet modification.) How well does your current treatment
regimen treat the most significant symptoms of your disease?
     What are the most significant downsides to your current
treatments and how do they affect your daily life? (Examples of
downsides may include bothersome side effects, going to the hospital
for treatment, etc.)
     Because there is no complete cure for your condition, what
specific things would you look for in an ideal treatment for your
condition?

III. Attendance and Participation

    If you wish to attend this meeting, visit http://patientfocusedIPF.eventbrite.com. Please register by September 10, 2014. If you are
unable to attend the meeting in person, you can register to view a live
Web cast of the meeting. You will be asked to indicate in your
registration if you plan to attend in person or via the Web cast. Your
registration will also contain your complete contact information,
including name, title, affiliation, address, email address, and phone
number. Seating will be limited, so early registration is

recommended. Registration is free and will be on a first-come, first-
served basis. However, FDA may limit the number of participants from
each organization based on space limitations. Registrants will receive
confirmation once they have been accepted. Onsite registration on the
day of the meeting will be based on space availability. If you need
special accommodations because of a disability, please contact Pujita
Vaidya (see FOR FURTHER INFORMATION CONTACT) at least 7 days before the
meeting.
    Patients who are interested in presenting comments as part of the
initial panel discussions will be asked to indicate in their
registration which topic(s) they wish to address. They will be asked to
send a brief summary of responses to the topic questions to
<EMAIL_ADDRESS>Panelists will be notified of their
selection a few days after the close of registration on September 10,
2014. FDA will try to accommodate all patients and patient advocate
participants who wish to speak, either through the panel discussion or
audience participation; however, the duration of comments may be
limited by time constraints.

IV. Comments

    Submit electronic or written responses to the questions pertaining
to Topics 1 and 2 to the public docket (see ADDRESSES) by November 26,
2014. Received comments may be seen in the Division of Dockets
Management between 9 a.m. and 4 p.m., Monday through Friday, and will
be posted to the docket at http://www.regulations.gov.

V. Transcripts

    As soon as a transcript is available, FDA will post it at http://www.fda.gov/ForIndustry/UserFees/PrescriptionDrugUserFee/ucm395774.htm.

    Dated: July 2, 2014.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2014-15871 Filed 7-7-14; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register: June 7, 2010 (Volume 75, Number 108)]
[Notices]
[Page 32240-32242]
[DOCID:fr07jn10-82]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Draft Tier II Environmental Impact Statement: Southeast High
Speed Rail Corridor-Richmond, VA (Main Street Station) to Raleigh, NC
(Boylan Wye)

AGENCY: Federal Railroad Administration (FRA), U.S. Department of
Transportation (DOT).

ACTION: Notice of Availability of the Tier II Draft Environmental
Impact Statement and public hearings for the Southeast High Speed Rail,
Richmond, VA to Raleigh, NC Project (Project).

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SUMMARY: The Federal Railroad Administration announces the availability
of the Southeast High Speed Rail, Richmond, VA to Raleigh, NC Project
Draft Tier II Environmental Impact Statement (DEIS) for public review
and comment. The DEIS was prepared pursuant to the National
Environmental Policy Act of 1969 (NEPA), as amended, 42 U.S.C. 4321 et
seq., the Council on Environmental Quality NEPA implementing
regulations, 40 CFR parts 1500-1508, and the FRA NEPA guidance, 64 FR
28545 (May 26, 1999). FRA is the lead Federal agency; the Federal
Highway Administration, United States Coast Guard, United States Army
Corps of Engineers, United States Environmental Protection Agency, and
the United States Fish and Wildlife Service are cooperating Federal
agencies. The North Carolina Department of Transportation Rail Division
(NCDOT) and the Virginia

Department of Rail and Public Transportation (DRPT) are co-lead State
agencies. The Environmental Protection Agency included the DEIS in the
Notice of Availability published on June 4, 2010.

DATES: FRA invites interested Members of Congress, state and local
governments, other Federal agencies, Native American tribal
governments, organizations, and members of the public to provide
comments on the DEIS. The public comment period opened on May 28, 2010,
and will continue until August 30, 2010. Written and oral comments will
be given equal weight, and FRA will consider all comments received or
postmarked by that date in the preparing the Final EIS. Comments
received or postmarked after that date will be considered to the extent
practicable. Dates and locations for the public hearings are listed
below. ``Open House'' information sessions will be held from 5-7 p.m.
followed by public hearings at 7 p.m. Eastern Standard Time:
    1. Norlina, NC: July 13, 2010, Northside Elementary School, 164
Elementary Avenue, Norlina, NC 27563.
    2. Alberta, VA: July 15, 2010, Southside Virginia Community
College, Christanna Campus, 109 Campus Drive, Alberta, VA 23821.
    3. Richmond, VA: July 20, 2010, Virginia Department of Motor
Vehicles Cafeteria, 2300 West Broad Street, 1st floor, Richmond, VA
23269.
    4. Petersburg, VA: July 21, 2010, Union Station, 103 River Street,
Petersburg, VA 23804.
    5. McKenney, VA: July 22, 2010, Sunnyside Elementary School, 10203
Sunnyside Road, McKenney, VA 23872.
    6. Raleigh, NC: July 26, 2010, Raleigh Convention Center, 500 South
Salisbury Street, Raleigh, NC 27601.
    7. Henderson, NC: July 27, 2010, Aycock Elementary School, 305
Carey Chapel Road, Franklin County, NC 27537.
    8. Franklinton, NC: July 29, 2010, Franklinton High School Gym,
6948 N. Cheatham Street, Franklinton, NC 27525.

ADDRESSES: Comments may be submitted at the public hearings both
verbally and in writing. Written comments may be submitted
electronically via the project Web site at http://www.sehsr.org or
mailed to SEHSR Comments, NCDOT Rail Division, 1553 Mail Service
Center, Raleigh, NC 27699-1553, or SEHSR Comments, Virginia Department
of Rail and Public Transportation, 600 East Main Street, Suite 2102,
Richmond, VA 23219.

FOR FURTHER INFORMATION CONTACT: For further information regarding the
environmental review, please contact one of the following three
individuals: Mr. Patrick Simmons, NCDOT Rail Division, 1553 Mail
Service Center, Raleigh, NC 27699-1553 (telephone<PHONE_NUMBER>), or by
e-mail at<EMAIL_ADDRESS>with ``SEHSR Richmond to Raleigh,'' in
the subject heading; or Ms. Christine Fix, Virginia Department of Rail
& Public Transportation, 600 East Main Street, Suite 2102, Richmond, VA
23219 (telephone<PHONE_NUMBER>) or by e-mail at
<EMAIL_ADDRESS>with ``SEHSR Richmond to Raleigh'' in
the subject heading; or Mr. John Winkle, Transportation Industry
Analyst, Office of Passenger Programs, Federal Railroad Administration,
1200 New Jersey Ave., SE., Room W38-311, Washington, DC 20590
(telephone<PHONE_NUMBER>), or by e-mail at<EMAIL_ADDRESS>with
``SEHSR Richmond to Raleigh'' in the subject heading.

SUPPLEMENTARY INFORMATION: The Tier II DEIS evaluates alternatives and
the environmental impacts for proposed high speed passenger rail
service with a maximum authorized speed of 110 miles per hour within
the preferred corridor described in the Tier I Record of Decision for
the SEHSR Corridor from Washington, DC to Charlotte, NC. This Tier II
DEIS is focused on the approximately 162 mile portion of the corridor
between Main Street Station in Richmond, VA and the Boylan Wye in
Raleigh, NC. The project corridor generally follows the CSX S-line from
Main Street Station, Richmond, VA, to Centralia, VA, then the CSX A-
line to Collier Yard, Petersburg, VA. South of Collier Yard the
corridor follows the Burgess Connector rail line to Burgess, VA, and
the former Seaboard Air Line (S-line) to Norlina, NC, where the S-line
returns to an active freight railroad. In Raleigh, NC, the study
corridor includes two alternatives: the western branch follows the
existing Norfolk Southern (NS) NS-line; the eastern branch continues to
follow the CSX S-line. The two branches rejoin before the terminus of
the project at the Boylan Wye. Included in the project are nearly 100
new bridges/overpasses that, when combined with existing bridges/
overpasses, will create a fully grade-separated system to ensure the
safety of both passengers and the surrounding community.
    For engineering purposes and discussions of impacts, the project
corridor is divided into 26 sections. There are three alternatives in
each section, and each rail alternative includes an associated set of
highway improvements. In many areas, the alternatives are concurrent.
The endpoints of each of the 26 sections are in locations where the
alternative alignments are in a common location. The alternatives are
evaluated section by section, allowing a ``best-fit'' preferred
alternative to be developed for the entire study corridor. The Tier I
EIS established the purpose and need for the project; and evaluated
nine build alternatives, as well as a No-Build Alternative; therefore,
a no-build alternative was not evaluated in this Tier II document.
Potential environmental impacts of the alternatives include increased
noise and vibration, local traffic impacts associated with
consolidation of existing at-grade crossings to new or existing bridges
and underpasses, impacts on historic properties and archeological
sites, impacts on parks and recreation resources, impacts on sensitive
biological resources and wetlands, and use of energy. Potential
mitigation strategies are described to avoid or minimize potential
impacts. Such strategies would be further refined when the preferred
alternative is selected, and discussed in the Final Environmental
Impact Statement.

Availability of the DEIS

    Copies of the Draft EIS and appendices are available for review at
the following locations:
     Richmond Main Public Library, 101 East Franklin Street,
Richmond, VA.
     Richmond Regional Planning District Commission, 9211
Forest Hill Avenue, Suite 200, Richmond, VA.
     Chesterfield County Central Public Library, 9501 Lori
Road, Chester, VA.
     Colonial Heights Public Library, 1000 Yacht Basin Drive,
Colonial Heights, VA.
     Petersburg Central Public Library, 137 S. Sycamore Street,
Petersburg, VA.
     Crater District Planning Commission, 1964 Wakefield
Street, Petersburg, VA.
     Dinwiddie County Planning Department, 14016 Boydton Plank
Road, Dinwiddie, VA.
     Southside Virginia Community College Library, Christiana
Campus, 109 Campus Drive, Alberta, VA.
     Southside Planning District Commission, 200 S. Mecklenburg
Avenue, South Hill, VA.
     Norlina Town Hall, 101 Main Street, Norlina, NC.
     NCDOT District 3 Office, 321 Gillburg Road, Henderson, NC.
     Franklinton Branch Public Library, 9 West Mason Street,
Franklinton, NC.

     NCDOT District 1 Office, 4009 District Drive, Raleigh, NC.
    The project Web site http://www.sehsr.org includes a complete list
of locations and addresses. The document is also available at the
Virginia Department of Rail and Public Transportation Office at 600
East Main Street, Suite 2102, Richmond, VA; and the North Carolina
Department of Transportation Rail Division at 1 South Wilmington
Street, Raleigh, NC. In addition, electronic versions of the Draft Tier
II EIS and appendices are available through FRA's Web site at
www.fra.dot.gov, on the DRPT Web site at http://www.drpt.virginia.gov
and on the project Web site at www.sehsr.org.

    Issued in Washington, DC, on June 2, 2010.
Mark E. Yachmetz,
Associate Administrator for Policy and Development.
[FR Doc. 2010-13587 Filed 6-4-10; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 83, Number 155 (Friday, August 10, 2018)]
[Proposed Rules]
[Pages 39638-39641]
[FR Doc No: 2018-17207]

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

40 CFR Parts 52 and 70

[EPA-R04-OAR-2018-0296; FRL-9982-02--Region 4]

Air Plan and Operating Permit Program Approval: AL, GA and SC;
Revisions to Public Notice Provisions in Permitting Programs

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve portions of State Implementation Plan (SIP) revisions and the
Title V Operating Permit Program revisions submitted on May 19, 2017,
by the State of Alabama, through the Alabama Department of
Environmental Management (ADEM); submitted on November 29, 2017, by the
State of Georgia, through the Georgia Environmental Protection Division
(Georgia EPD); and submitted on September 5, 2017, by the State of
South Carolina, through the South Carolina Department of Health and
Environmental Control (SC DHEC). These revisions address the public
notice rule provisions for the New Source Review (NSR) and Title V
Operating Permit programs (Title V) of the Clean Air Act (CAA or Act)
that remove the mandatory requirement to provide public notice of a
draft air permit in a newspaper and that allow electronic notice (``e-
notice'') as an alternate noticing option. EPA is proposing to approve
these revisions pursuant to the CAA and implementing federal
regulations.

DATES: Written comments must be received on or before September 10,
2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2018-0296 at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment

content located outside of the primary submission (i.e., on the web,
cloud, or other file sharing system). For additional submission
methods, the full EPA public comment policy, information about CBI or
multimedia submissions, and general guidance on making effective
comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Ms. Kelly Fortin of the Air Permitting
Section, Air Planning and Implementation Branch, Air, Pesticides and
Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960. Ms. Fortin
can be reached by telephone at<PHONE_NUMBER> or via electronic mail at
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On October 5, 2016, EPA finalized revised public notice rule
provisions for the NSR, Title V, and Outer Continental Shelf permitting
programs of the CAA. See 81 FR 71613 (October 18, 2016). These rule
revisions remove the mandatory requirement to provide public notice of
a draft air permit through publication in a newspaper and allow for
internet e-notice as an option for permitting authorities implementing
their own EPA-approved SIP rules and Title V rules, such as the
Alabama, Georgia, and South Carolina EPA-approved programs. Permitting
authorities are not required to adopt e-notice. Nothing in the final
rules prevents a permitting authority of an EPA-approved permitting
program from continuing to use newspaper notification and/or from
supplementing e-notice with newspaper notification and/or additional
means of notification. When e-notice is provided, EPA's rule requires
electronic access (e-access) to the draft permit. Generally, state and
local agencies intend to post the draft permits and public notices in a
designated location on their agency websites. For the noticing of draft
permits issued by permitting authorities with EPA-approved programs,
the rule requires the permitting authority to use ``a consistent
noticing method'' for all permit notices under the specific permitting
program.
    EPA anticipates that e-notice, which is already being practiced by
many permitting authorities, will enable permitting authorities to
communicate permitting and other affected actions to the public more
quickly and efficiently and will provide cost savings over newspaper
publication. EPA further anticipates that e-access will expand access
to permit-related documents. A full description of the e-notice and e-
access provisions are contained in EPA's October 18, 2016 (81 FR
71613), publication.

II. Analysis of Alabama's E-Notice Rule Revisions

    Chapter 335-3-14, Air Permits; Chapter 335-3-15, Synthetic Minor
Operating Permits; and Chapter 335-3-16, Major Source Operating
Permits, were revised to incorporate EPA's amendments to the federal
public notice regulations discussed above. Specifically, ADEM revised
335-3-14-.01(7) (General Provisions), -.04(16) (Prevention of
Significant Deterioration Permitting; Public Participation), -.04(19)
(Prevention of Significant Deterioration Permitting; Permit
Rescission), -.05(16) (Air Permits Authorizing Construction in or near
Non-Attainment Areas; Public Participation), -.06(3)(e) (Public
Participation for permitting involving maximum achievable control
technology determinations), -15-.05 (Synthetic Minor Operating Permits;
Public Participation), and -16-.15(4) (Major Source Operating Permits;
Public Participation). ADEM's regulations were the subject of a public
hearing on March 8, 2017, were adopted on April 21, 2017, and became
effective on June 9, 2017. Based on a review of these proposed
revisions, EPA has preliminarily determined that they meet the
requirements of the revised federal e-notice provisions. ADEM's revised
rules require that for all draft permits for potential major NSR, Title
V, and synthetic minor sources, all public notices, a copy of all
materials submitted by the applicant, the preliminary determination,
and a link to the draft permit will be posted on the Department's
website for the duration of the public comment period.
    Chapters 335-3-14 (Air Permits) and 335-3-15 (Synthetic Minor
Operating Permits) are SIP elements and the public notice revisions to
these SIP-approved rules are proposed to be incorporated into the
Alabama SIP, which also applies to permits issued by Jefferson County
Department of Health and the City of Huntsville, Alabama.\1\ Chapter
335-3-16 (Major Source Operating Permits) is part of ADEM's EPA-
approved Title V Operating Permit program, which is not part of the
Alabama SIP.\2\ EPA is proposing to approve these Title V program
revisions pursuant to 40 CFR 70.4. Jefferson County Department of
Health and the City of Huntsville, Alabama, have Title V operating
permit programs that were originally approved by EPA separately from
ADEM's Title V Operating Permit program, as these local programs have
authority under Alabama State law to develop local regulations that
ensure applicants are required, at a minimum, to satisfy the
requirements of State law. Hence, EPA will take separate action on the
revisions to the Jefferson County Department of Health and City of
Huntsville, Alabama, Title V programs upon receipt of their respective
submittals.
---------------------------------------------------------------------------

    \1\ EPA is not proposing to act on the portion of Alabama's May
19, 2017 SIP revision regarding 335-3-14-.06 because that rule is
not part of the federally-approved Alabama SIP.
    \2\ EPA fully approved Alabama's Title V Operating Permit
program on October 29, 2001 (66 FR 54444).
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III. Analysis of Georgia's E-Notice Rule Revisions

    Rule 391-3-1-.02(7)(a)1, Prevention of Significant Deterioration of
Air Quality, and Rule 391-3-1-.03(10), Title V Operating Permits, of
Georgia's Rules for Air Quality Control, Chapter 391-3-1, were revised
to incorporate EPA's amendments to the federal public notice
regulations, as discussed above. Georgia EPD's revisions were the
subject of a public hearing on May 9, 2017, were adopted on June 28,
2017, and became effective on July 20, 2017. Based on a review of the
proposed revisions, EPA has preliminarily determined that Georgia EPD's
provisions for the PSD and Title V Operating Permit programs meet the
requirements of the revised federal e-notice provisions at 40 CFR
51.166 and 40 CFR 70.7.
    Rule 391-3-1-.02(7)(a)1, Prevention of Significant Deterioration of
Air Quality is a required SIP element and, hence, the revision to this
SIP-approved rule is proposed to be incorporated into the Georgia SIP.
Georgia EPD's SIP-approved PSD rules incorporate by reference the
public participation requirements of 40 CFR 52.21(q). In this revision,
Georgia EPD updated the incorporation by reference date to include
EPA's October 18, 2016, promulgation of the e-notice revisions. These
provisions require both e-notice and e-access.
    Rule 391-3-1-.03(10), Title V Operating Permits, of Georgia's Rules
for Air Quality Control is part of Georgia's EPA-approved Title V
Operating Permit program, which is not part of the Georgia SIP.\3\
Georgia EPD's Title V program incorporates by reference public
participation

requirements of the federal provisions at 40 CFR 70.7(h). In this
revision, Georgia EPD updated the incorporation by reference date to
include EPA's October 18, 2016, promulgation of the e-notice revisions,
which allow for either electronic notice or newspaper notice, and
require that the State use a consistent noticing method. The Georgia
Air Quality Act, however, requires newspaper notice upon receipt of a
complete application for a Title V permit or Title V permit
modification. See O.C.G.A. Sec.  12-9-9. Until such time that
requirement is lifted, Georgia EPD will continue to publish both a
newspaper notice and electronic notice, and will inform the public and
EPA when Georgia EPD intends to move to electronic notices only. EPA is
proposing to approve the public notice revision to Georgia's EPA-
approved Title V Operating Permit program.\4\
---------------------------------------------------------------------------

    \3\ EPA fully approved Georgia's Title V Operating Permit
program on June 8, 2000 (65 FR 36358).
    \4\ In its November 29, 2017, submittal, GA EPD also sought to
revise its EPA-approved Title V Operating Permit program to ``exempt
fire pumps from permitting and to specify fire pumps as an
insignificant activity for the purposes of Title V.'' EPA is not
proposing to act on this proposed revision at this time.
---------------------------------------------------------------------------

IV. Analysis of South Carolina's E-Notice Rule Revisions

    Regulation 61-62.5, Standard No. 7, Prevention of Significant
Deterioration, and Regulation 61-62.70, Title V Operating Permit
Program of the South Carolina Air Pollution Control Regulations and
Standards, were revised to incorporate EPA's amendments to the federal
public notice regulations discussed above. Specifically, SC DHEC
revised Regulation 61-62.5, Standard No. 7 at Sections (q) and (w)(4)
and Regulation 61-62.70 at Section 7(h). SC DHEC's regulations were the
subject of a public hearing on August 10, 2017, and were adopted and
became effective on August 25, 2017.
    SC DHEC's revisions add language allowing the Department to use e-
notice and requiring e-access if e-notice is used as the consistent
noticing method. Based on a review of the proposed revisions, EPA has
preliminarily determined that SC DHEC's revisions meet the requirements
of the revised federal e-notice provisions. SC DHEC's revised rules
require that for all proposed PSD and Title V permits, the Department
will use a ``consistent noticing method.'' SC DHEC has indicated that
they intend to use a public website identified by the Department as
their consistent noticing method.\5\
---------------------------------------------------------------------------

    \5\ See Letter from Myra C. Reese, SC DHEC, to Trey Glenn, EPA
(Sept. 1, 2017) transmitting the SIP revisions and Title V permit
revisions received by EPA on September 5, 2017. This letter is
included in the docket for this proposed action.
---------------------------------------------------------------------------

    Regulation 61-62.5, Standard No. 7, Prevention of Significant
Deterioration is a required SIP element and, hence, the public notice
revisions to this SIP-approved rule are proposed to be incorporated
into the South Carolina SIP. Regulation 61-62.70, Title V Operating
Permit Program is part of South Carolina's EPA-approved Title V
Operating Permit program, which is not part of the South Carolina SIP,
and the public notice revisions are therefore being proposed for
approval pursuant to 40 CFR 70.4.\6\
---------------------------------------------------------------------------

    \6\ EPA fully approved South Carolina's Title V Operating Permit
program on June 26, 1995 (60 FR 32913).
---------------------------------------------------------------------------

V. Incorporation by Reference

    In this rule, EPA is proposing to include in a final EPA rule,
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference the following provisions that all address the public notice
requirements for CAA permitting: Alabama Chapter 335-3-14, ``Air
Permits'' at 335-3-14-.01, -.04, -.05 and -.06 and Chapter 335-3-15
``Synthetic Minor Operating Permits'' at 335-3-15-.05 effective
December June 9, 2017; Georgia Rule 391-3-1-.02, ``Prevention of
Significant Deterioration of Air Quality'' at 391-3-1-.02(7)(a)1,
effective July 20, 2017; and South Carolina Regulation 61-62.5,
Standard No. 7, ``Prevention of Significant Deterioration'' at Sections
(q) and (w)(4), effective August 25, 2017. EPA has made, and will
continue to make, these materials generally available through
www.regulations.gov and at the EPA Region 4 office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).

VI. Proposed Action

    EPA is proposing to approve the portions of Alabama's May 19, 2017,
Georgia's November 29, 2017, and South Carolina's September 5, 2017,
SIP and Title V program revisions addressing the public notice
requirements for CAA permitting. EPA has preliminarily concluded that
the States' submissions meet the plan revisions requirements of CAA
section 110 and the SIP requirements of 40 CFR 51.161, 51.165, and
51.166, as well as the public notice and revisions requirements of 40
CFR 70.4 and 70.7.

VII. Statutory and Executive Order Reviews

    In reviewing SIP and Title V submissions, EPA's role is to approve
such submissions, provided that they meet the criteria of the CAA and
EPA's implementing regulations. These actions merely propose to approve
state law as meeting Federal requirements and do not impose additional
requirements beyond those imposed by state law. For that reason, these
proposed actions:
     Are not significant regulatory actions subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Are not Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory actions because the actions are not significant under
Executive Order 12866;
     Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Do not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Do not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIPs subject to these proposed actions, with the exception of the
South Carolina SIP, are not approved to apply on any Indian reservation
land or in any other area where EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. In those areas of Indian

country, the proposed rules regarding SIPs do not have tribal
implications as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000), nor will they impose substantial direct costs on
tribal governments or preempt tribal law. With respect to the South
Carolina SIP, EPA notes that the Catawba Indian Nation Reservation is
located within the boundary of York County, South Carolina, and
pursuant to the Catawba Indian Claims Settlement Act, S.C. Code Ann.
27-16-120, ``all state and local environmental laws and regulations
apply to the Catawba Indian Nation and Reservation and are fully
enforceable by all relevant state and local agencies and authorities.''
Thus, the South Carolina SIP applies to the Catawba Reservation;
however, because the proposed action related to South Carolina is
merely modifying public notice provisions for certain types of air
permits issued by SC DHEC, EPA has preliminarily determined that there
are no substantial direct effects on the Catawba Indian Nation. EPA has
also preliminarily determined that the proposed action related to South
Carolina's SIP will not impose any substantial direct costs on tribal
governments or preempt tribal law.
    Furthermore, the proposed rules regarding Title V Operating Permit
programs do not have tribal implications because they are not approved
to apply to any source of air pollution over which an Indian Tribe has
jurisdiction, nor will these proposed rules impose substantial direct
costs on tribal governments or preempt tribal law.

List of Subjects

40 CFR Part 52

    Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Intergovernmental
relations, Reporting and recordkeeping requirements.

 40 CFR Part 70

    Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Operating Permits,
Reporting and recordkeeping requirements.

    Dated: July 31, 2018.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.
[FR Doc. 2018-17207 Filed 8-9-18; 8:45 am]
BILLING CODE 6560-50-P


UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on September 30, 2002

                     NOTICE OF ACTION TAKEN -- DOCKET OST-2002-11614

_____________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Application of   Continental Micronesia, Inc.    filed   8/28/2002  for:

XX  Waiver of dormancy condition:

By Order 98-5-17, the Department allocated Continental Micronesia five
weekly frequencies to operate service between Honolulu and Tokyo.  The
frequencies are subject to the condition that they will expire
automatically and revert to the Department for reallocation if they are
not used for a period of 90 days.  The Department has previously granted
Continental Micronesia waivers of the dormancy condition for its
Honolulu-Tokyo service, with the most recent waiver granted through
October 1, 2002.   Continental Micronesia seeks a further waiver of the
90-day dormancy condition until October 1, 2003.  It states that
economic conditions do not warrant service at this time.

American Airlines opposes the grant of a further dormancy waiver for
Continental Micronesia’s Honolulu-Tokyo frequencies.  Alternatively,
if a waiver is granted, American states that the waiver should be
limited to a final period of six months and should not be extended
beyond March 31, 2003.  American states that Continental Micronesia has
held these frequencies since 1998, but has never used them and has
presented no plans to use them now.  American states that Continental
Micronesia has warehoused this valuable limited-entry authority for
almost five years.  Under these circumstances, American states these
frequencies should be returned to the unallocated pool, where they will
be available for reallocation to other carriers without Continental
Micronesia claiming that they should not be reassigned.

Applicant rep.:  R. Bruce Keiner, Jr.,<PHONE_NUMBER>   DOT analyst:
Gerald Caolo,<PHONE_NUMBER>

DISPOSITION

XX  Denied (See Remarks below)

The above action was effective when taken:    September 30, 2002

XX  Action taken by:	Paul L. Gretch, Director

			Office of International Aviation

________________________________________________________________________
________________

Remarks:  In March, when we last issued Continental Micronesia a waiver
for these frequencies through October 1, 2002, we placed the carrier on
notice that “there should be no expectation that an additional request
will similarly be granted.” (Notice of Action Taken, Docket
OST-2002-11614, March 27, 2002)  In the circumstances presented now, and
taking into consideration the record before us, we find that the public
interest would be best served by reassigning these five frequencies to
the unallocated pool of frequencies so that whenever Continental
Micronesia or another carrier has firm plans to use them, it may apply
for the frequencies accordingly.

________________________________________________________________________
__

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that

our action was consistent with Department policy; and (2) denial of the
waiver was consistent with the public

interest.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp.

 See Notice of Action Taken dated March 27, 2002, Docket OST-2002-11614.

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