[Federal Register: October 28, 2010 (Volume 75, Number 208)]
[Notices]
[Page 66423]
[DOCID:fr28oc10-87]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Seventh Meeting: RTCA Special Committee 223: Airport Surface
Wireless Communications

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Notice of RTCA Special Committee 223: Airport Surface Wireless
Communications meeting.

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SUMMARY: The FAA is issuing this notice to advise the public of a
meeting of RTCA Special Committee 223: Airport Surface Wireless
Communications.

DATES: The meeting will be held November 16-17, 2010 from 9 a.m.-5 p.m.

ADDRESSES: The meeting will be held at RTCA Inc., 1828 L Street, NW.,
Suite 805, Washington, DC 20036.

FOR FURTHER INFORMATION CONTACT: RTCA Secretariat, 1828 L Street, NW.,
Suite 805, Washington, DC 20036; telephone<PHONE_NUMBER>; fax (202)
833-9434; Web site http://www.rtca.org.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., Appendix 2), notice
is hereby given for a RTCA Special Committee 223: Airport Surface
Wireless Communications meeting.

Agenda

Tuesday, November 16, 2010

     Tuesday Morning
     Welcome, Introductions, Administrative Remarks by Special
Committee Leadership
     Designated Federal Official (DFO): Mr. Brent Phillips
     Co-Chair: Mr. Aloke Roy, Honeywell International
     Co-Chair: Mr. Ward Hall, ITT Corporation
     Review/Approve prior Plenary minutes and action item
status
     AeroMACS Profile Working Group Status
     AeroMACS User Services and Applications Ad-Hoc Working
Group Status
     Introduction of MOPS Working group leader
     Technical Presentations
     Tuesday Afternoon
     Technical Presentations (continued)
     Form MOPS Working Group
     Profiles WG Breakout Session

Wednesday, November 17, 2010

     Wednesday Morning--User Services and Applications (USAS)
Breakout Session
     User Services and Applications Definition
     Wednesday Afternoon--Reconvene Plenary
     Profiles WG Status Report and Plenary Guidance
     USAS WG Status Report and Plenary Guidance
     Establish Agenda, Date and Place for the next plenary
meeting
     Review of Meeting summary report
     Adjourn--Expected by 3 p.m. on November 17th

    Attendance is open to the interested public but limited to space
availability. With the approval of the chairmen, members of the public
may present oral statements at the meeting. Persons wishing to present
statements or obtain information should contact the person listed in
the FOR FURTHER INFORMATION CONTACT section. Members of the public may
present a written statement to the committee at any time.

    Issued in Washington, DC, on October 25, 2010.
Kathy L. Hitt,
RTCA Advisory Committee.
[FR Doc. 2010-27314 Filed 10-27-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: November 16, 2007 (Volume 72, Number 221)]
[Rules and Regulations]
[Page 64533-64534]
[DOCID:fr16no07-5]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 30579; Amdt. No. 3244]

Standard Instrument Approach Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

DATES: This rule is effective November 16, 2007. The compliance date
for each SIAP is specified in the amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of November 16, 2007.

ADDRESSES: Availability of matter incorporated by reference in the
amendment is as follows:
    For Examination--
    1. FAA Rules Docket, FAA Headquarters Building, 800 Independence
Avenue, SW., Washington, DC 20591;
    2. The FAA Regional Office of the region in which the affected
airport is located;
    3. The National Flight Procedures Office, 6500 South MacArthur
Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html
.

    Availability--All SIAPs are available online free of charge. Visit
nfdc.faa.gov to register. Additionally, individual SIAP and Takeoff
Minimums and ODP copies may be obtained from:
    1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building,
800 Independence Avenue, SW., Washington, DC 20591; or
    2. The FAA Regional Office of the region in which the affected
airport is located.

FOR FURTHER INFORMATION CONTACT: Harry J. Hodges, Flight Procedure
Standards Branch (AFS-420), Flight Technologies and Programs Division,
Flight Standards Service, Federal Aviation Administration, Mike
Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma
City, OK. 73169 (Mail Address: P.O. Box 25082 Oklahoma City, OK 73125)
telephone:<PHONE_NUMBER>.

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

The Rule

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

Conclusion

    The FAA has determined that this regulation only involves an
established body of technical regulations for which

frequent and routine amendments are necessary to keep them
operationally current. It, therefore--(1) is not a ``significant
regulatory action'' under Executive Order 12866; (2) is not a
``significant rule'' under DOT Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3) does not warrant preparation of a
regulatory evaluation as the anticipated impact is so minimal. For the
same reason, the FAA certifies that this amendment will not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

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

    Issued in Washington, DC on November 2, 2007.
James J. Ballough,
Director, Flight Standards Service.

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me, Title 14, Code
of Federal Regulations, Part 97, 14 CFR part 97, is amended by amending
Standard Instrument Approach Procedures, effective at 0901 UTC on the
dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

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

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

0
2. Part 97 is amended to read as follows:

Sec. Sec.  97.23, 97.25, 97.27, 97.29, 97.31, 97.33, and
97.35  [Amended]

    By amending: Sec.  97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec.  97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; Sec.
97.27 NDB, NDB/DME; Sec.  97.29 ILS, ILS/DME, ISMLS, MLS/DME, MLS/RNAV;
Sec.  97.31 RADAR SIAPs; Sec.  97.33 RNAV SIAPs; and Sec.  97.35 COPTER
SIAPs, Identified as follows:

Effective Upon Publication

----------------------------------------------------------------------------------------------------------------
    FDC date         State            City               Airport         FDC No.               Subject
----------------------------------------------------------------------------------------------------------------
10/18/07........  NJ           LAKEWOOD..........  LAKEWOOD..........       7/0649  VOR RWY 6, AMDT 6A.
10/18/07........  NJ           LAKEWOOD..........  LAKEWOOD..........       7/0650  RNAV (GPS) RWY 24, ORIG-A.
10/18/07........  NJ           LAKEWOOD..........  LAKEWOOD..........       7/0651  RNAV (GPS) RWY 6, ORIG-A.
10/22/07........  GA           ATLANTA...........  DEKALB-PEACHTREE..       7/1070  RNAV (GPS) RWY 20L, ORIG.
10/23/07........  AQ           PAGO PAGO.........  PAGO PAGO INTL....       7/1356  ILS/DME RWY 5, AMDT 13A .
10/25/07........  NY           BATAVIA...........  GENESEE COUNTY....       7/1735  VOR/DME OR GPS-A, AMDT 5.
10/26/07........  NH           PORTSMOUTH........  PORTSMOUTH INTL...       7/2088  VOR OR GPS RWY 34, ORIG-B.
10/26/07........  NC           WILMINGTON........  WILMINGTON INTL...       7/2089  ILS RWY 35, AMDT 20C.
----------------------------------------------------------------------------------------------------------------

[FR Doc. E7-22246 Filed 11-15-07; 8:45 am]

BILLING CODE 4910-13-P


(m) Resource Report 11--Design and Engineering. This report
consists of general design and engineering drawings of the principal
project facilities described under Resource Report--General project
description. If this report submitted with the application is
preliminary in nature, applicant must state that in the application.
The drawings must conform to the specifications determined in the
initial consultation meeting required by Sec.  50.5(b) of this chapter.
    (1) The drawings must show all major project structures in
sufficient detail to provide a full understanding of the project
including:
    (i) Plans (overhead view);
    (ii) Elevations (front view);
    (iii) Profiles (side view); and
    (iv) Sections.
    (2) The applicant may submit preliminary design drawings with the
pre-filing documents or application. The final design drawings may be
submitted during the construction permit process or after the
Commission issues a permit and must show the precise plans and
specifications for proposed structures. If a permit is granted on the
basis of preliminary designs, the applicant must submit final design
drawings for written approval by the Director of the Office of Energy
Project's prior to commencement of any construction of the project.
    (3) Supporting design report. The applicant must submit, at a
minimum, the following supporting information to demonstrate that
existing and proposed structures are safe and adequate to fulfill their
stated functions and must submit such information in a separate report
at the time the application is filed:
    (i) An assessment of the suitability of the transmission line
towers and appurtenant structures locations based on geological and
subsurface investigations, including investigations of soils and rock
borings and tests for the evaluation of all foundations and
construction materials sufficient to determine the location and type
transmission line tower or appurtenant structures suitable for the
site;
    (ii) Copies of boring logs, geology reports, and laboratory test
reports;
    (iii) An identification of all borrow areas and quarry sites and an
estimate of required quantities of suitable construction material;
    (iv) Stability and stress analyses for all major transmission
structures and conductors under all probable loading conditions,
including seismic, wind, and ice loading as appropriate in sufficient
detail to permit independent staff evaluation.
    (4) The applicant must submit two copies of the supporting design
report described in paragraph (m)(3) of this section at the time
preliminary and final design drawings are filed. If the report contains
preliminary drawings, it must be designated a ``Preliminary Supporting
Design Report.''

[FR Doc. 06-5619 Filed 6-23-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 17 (Thursday, January 26, 2023)]
[Notices]
[Pages 5041-5042]
[FR Doc No: 2023-01561]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2010-0021]

Susan Harwood Training Grant Program; Revision of the Office of
Management and Budget's (OMB) Approval of Information Collection
(Paperwork) Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for public comments.

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SUMMARY: OSHA solicits public comments concerning the proposal to
extend the Office of Management and Budget's (OMB) approval of the
information collection requirements specified in the Susan Harwood
Training Grant Program.

DATES: Comments must be submitted (postmarked, sent, or received) by
March 27, 2023.

ADDRESSES:
    Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov. Documents in the docket are
listed in the http://www.regulations.gov index; however, some
information (e.g., copyrighted material) is not publicly available to
read or download through the website. All submissions, including
copyrighted material, are available for inspection through the OSHA
Docket Office. Contact the OSHA Docket Office at<PHONE_NUMBER> (TTY
(877) 889-5627) for assistance in locating docket submissions.
    Instructions: All submissions must include the agency name and OSHA
docket number (OSHA-2010-0021) for the Information Collection Request
(ICR). OSHA will place all comments, including any personal
information, in the public docket, which may be made available online.
Therefore, OSHA cautions interested parties about submitting personal
information such as social security numbers and birthdates.
    For further information on submitting comments, see the ``Public
Participation'' heading in the section of this notice titled
SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Seleda Perryman or Theda Kenney,
Directorate of Standards and Guidance, OSHA, U.S. Department of Labor;
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of the continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accordance with the Paperwork Reduction Act
of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)). This program ensures that
information is in the desired format, reporting burden (time and costs)
is minimal, the collection instruments are clearly understood, and
OSHA's estimate of the information collection burden is accurate. The
Occupational Safety and Health Act of 1970 (OSH Act) (29 U.S.C. 651 et
seq.) authorizes information collection by employers as necessary or
appropriate for enforcement of the OSH Act or for developing
information regarding the causes and prevention of occupational
injuries, illnesses, and accidents (29 U.S.C. 657). The OSH Act also
requires that OSHA obtain such information with minimum burden upon
employers, especially those operating small businesses, and to reduce
to the maximum extent feasible unnecessary duplication of effort in
obtaining information (29 U.S.C. 657).
    Section 21 of the Occupational Safety and Health Act of 1970 (the
``OSH Act'') (29 U.S.C. 670) authorizes the Occupational Safety and
Health Administration (OSHA) to conduct directly, or through grants and
contracts, education, and training courses. These courses must ensure
an adequate number of qualified personnel to fulfill the purposes of
the Act, provide them with short-term training, inform them of the
importance and proper use of safety and health equipment, and train
employers and workers to recognize, avoid, and prevent unsafe and
unhealthful working conditions.
    Under Section 21, the agency awards training grants to nonprofit
organizations to provide part of the training. Organizations that
receive these grants must submit the Grantee Quarterly Progress Report
(GQPR; OSHA 171, Revised 5/14) as required by the Department of Labor
under 29 CFR 95.51. This regulation states that grant recipients
(grantees) must submit progress reports to the awarding agency at least
annually but no more than quarterly. The reports must contain a
comparison of actual accomplishments with goals and objectives
established for the reporting period and, if appropriate, the program's
output.
    Therefore, the GQPR allows OSHA to monitor a grantee's performance
and to determine if a recipient is using funds as specified in its
grant application. After the grant recipient submits a GQPR, the agency
compares the information provided by the grant recipient in the report
to the quarterly milestones proposed by the grant recipient in the work
plan and budget that accompanied its grant application.
    This information includes: identifier data (organization name,
grant number, and period covered by the report); the date and location
where the training occurred; the number of workers and employers
attending training sessions provided by the organization during the
quarter; the class length (in quarter hours); the language used to
deliver the training; a description of the training provided; a
narrative account of grant activities during the quarter (including
capacity building activities, needs assessment activities, development
of training materials/curriculum, evaluation activities, and other
educational activities); and an evaluation of progress regarding
planned versus actual work accomplished.
    Using this information, OSHA can determine if the grant recipient
is meeting the proposed program goals and objectives, as described in
the grant proposal, and is spending funds consistent with the proposed
budget.
    The lack of disaggregated demographic data variables impedes
efforts to measure and advance equity. Section 9 of the E.O. 13895 on
Advancing Racial Equity and Support for Underserved Communities Through
the Federal Government requires each

agency to evaluate whether their policies produce racially inequitable
results when implemented and make necessary changes to ensure
underserved communities are adequately supported. Our first step is to
collect disaggregated age, race, ethnicity, gender, and language
datasets to make informed program decisions and strategies.
    Requiring these reports on a quarterly basis enables the agency to
identify training and expenditure discrepancies in a timely fashion so
that it can implement appropriate action. In addition, this information
permits OSHA to assess a grant recipient's ability to meet projected
milestones and expenditures.
    This ICR requests a revision to add race, ethnicity, and language
to a currently approved data collection. By conducting an equity
assessment to meet the requirements of Executive Order (E.O.) 13895 on
Advancing Racial Equity and Support for Underserved Communities Through
the Federal Government and the DOL Evidence Building Act Evaluation
Plan, Project 38 (See Section 15).

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirements
are necessary for the proper performance of the agency's functions to
protect workers, including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection requirements, including the
validity of the methodology and assumptions used;
     The quality, utility, and clarity of the information
collected; and
     Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information
collection, and transmission techniques.

III. Proposed Actions

    OSHA is requesting that OMB revise the approval of the information
collection requirements contained in Susan Harwood Training Grant
Program. The agency is requesting a program change from 6,160 hours to
6,324 hours, a difference of 164 hours. This increase is due to the
addition of the processing of the additional demographic data required
for the data collection.
    OSHA will summarize the comments submitted in response to this
notice and will include this summary in the request to OMB to extend
the approval of the information collection requirements.
    Type of Review: Revision of a currently approved collection.
    Title: Susan Harwood Training Grant Program.
    OMB Control Number: 1218-0100.
    Affected Public: Business or other for-profits.
    Number of Respondents: 93.
    Number of Responses: 372.
    Frequency of Responses: On occasion.
    Average Time per Response: Varies.
    Estimated Total Burden Hours: 6,324.
    Estimated Cost (Operation and Maintenance): $0.

IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows:
(1) electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (fax); if your comments, including
attachments, are not longer than 10 pages you may fax them to the OSHA
Docket Office at<PHONE_NUMBER>. or (3) by hard copy. Please note: While
OSHA's Docket Office is continuing to accept and process submissions by
regular mail due to the COVID-19 pandemic, the Docket Office is closed
to the public and not able to receive submissions to the docket by
hand, express mail, messenger, and courier service. All comments,
attachments, and other material must identify the agency name and the
OSHA docket number for the ICR (Docket No. OSHA-2010-0021). You may
supplement electronic submissions by uploading document files
electronically. If you wish to mail additional materials in reference
to an electronic or a facsimile submission, you must submit them to the
OSHA Docket Office (see the section of this notice titled ADDRESSES).
The additional materials must clearly identify your electronic comments
by your name, date, and the docket number so that the agency can attach
them to your comments.
    Due to security procedures, the use of regular mail may cause a
significant delay in the receipt of comments.
    Comments and submissions are posted without change at http://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as social security numbers and
dates of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download from this
website. All submissions, including copyrighted material, are available
for inspection and copying at the OSHA Docket Office. Information on
using the http://www.regulations.gov website to submit comments and
access the docket is available at the website's ``User Tips'' link.
Contact the OSHA Docket Office at<PHONE_NUMBER>, (TTY<PHONE_NUMBER>)
for information about materials not available from the website, and for
assistance in using the internet to locate docket submissions.

V. Authority and Signature

    James S. Frederick, Deputy Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is the Paperwork Reduction Act of
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 8-2020
(85 FR 58393).

    Signed at Washington, DC.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2023-01561 Filed 1-25-23; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 78, Number 204 (Tuesday, October 22, 2013)]
[Notices]
[Page 62931]
[FR Doc No: 2013-24605]

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SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

China Ritar Power Corp., Order of Suspension of Trading

October 4, 2013.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
China Ritar Power Corp. because China Ritar Power Corp. has not filed
any periodic reports for any reporting period subsequent to the period
ended September 30, 2010.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in securities
of China Ritar Power Corp.
    Therefore, it is ordered, pursuant to Section 12(k) of the
Securities Exchange Act of 1934, that trading in the securities of
China Ritar Power Corp. is suspended for the period from 9:30 a.m. EDT,
October 4, 2013, through 11:59 p.m. EDT, on October 17, 2013.

    By the Commission.
Jill M. Peterson,
Assistant Secretary.

    Editorial Note: This document was received by the Office of the
Federal Register on October 17, 2013.
[FR Doc. 2013-24605 Filed 10-21-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 129 (Monday, July 6, 2020)]
[Proposed Rules]
[Pages 40158-40160]
[FR Doc No: 2020-14093]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2020-0095; FRL-10010-99-Region 4]

Air Plan Approval; Kentucky: Revisions to Jefferson County VOC
Definition

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a SIP revision to the Jefferson County portion of the Kentucky
State Implementation Plan (SIP), submitted by the Commonwealth of
Kentucky (Commonwealth), through the Energy and Environment Cabinet
(Cabinet) on September 5, 2019. The revision was submitted by the
Cabinet on behalf of the Louisville Metro Air Pollution Control
District (LMAPCD) and makes changes to the definition of ``volatile
organic compound'' (VOC). EPA is proposing to approve the changes
amending the definition of VOC because the Commonwealth has
demonstrated that the changes are consistent with the Clean Air Act
(CAA or Act).

DATES: Comments must be received on or before August 5, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2020-0095 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 contents 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: Tiereny Bell, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. Ms. Bell can be reached
by phone at<PHONE_NUMBER> or via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    Tropospheric ozone, commonly known as smog, occurs when VOC and
nitrogen oxides react in the atmosphere in the presence of sunlight.
Because of the harmful health effects of ozone, EPA and state
governments implement rules to limit the amount of certain VOC and NOx
that can be released into the atmosphere. VOC are those compounds of
carbon (excluding carbon monoxide, carbon dioxide, carbonic acid,
metallic carbides or carbonates, and ammonium carbonate) that form
ozone through atmospheric photochemical reactions. VOC have different
levels of reactivity; they do not react at the same speed or form ozone
to the same extent.
    Section 302(s) of the CAA specifies that EPA has the authority to
define the meaning of ``VOC,'' and hence, what compounds shall be
treated as VOC for regulatory purposes. It is EPA's policy that
compounds of carbon with negligible reactivity need not be regulated to
reduce ozone and should be excluded from the regulatory definition of
VOC. See 42 FR 35314 (July 8, 1977), 70 FR 54046 (September 13, 2005).
EPA determines whether a given carbon compound has ``negligible''
reactivity by comparing the compound's reactivity to the reactivity of
ethane. EPA lists these compounds in its regulations at 40 CFR
51.100(s) and excludes them from the definition of VOC. The chemicals
on this list are often called ``negligibly reactive.'' EPA may
periodically revise the list of negligibly reactive compounds to add or
delete compounds.

II. Analysis of State's Submittal

    EPA is proposing to approve the Commonwealth's SIP revision which
amends the definition of ``Volatile organic compound (VOC)'' at Section
1.84 in LMAPCD Regulation 1.02, Definitions.\1\ This SIP revision
removes an enumerated list of negligibly reactive compounds and
incorporates by reference the list of negligibly reactive compounds in
the definition of VOC at 40 CFR 51.100(s)(1) as of July 1, 2018, into a
new subsection 1.84.1 to ensure that the definition of VOC for the
Jefferson County portion of the Commonwealth's SIP is consistent with
the most recent version of the federal definition.\2\ As a result of
this incorporation by reference, the SIP revision adds exclusions to
the definition of VOC that were not previously in the Jefferson County
portion of the Commonwealth's SIP.
---------------------------------------------------------------------------

    \1\ On September 5, 2019, the Commonwealth submitted other SIP
revisions which will be addressed in separate actions.
    \2\ EPA approved revisions to the Jefferson County portion of
the Kentucky SIP on July 25, 2019. See 84 FR 35828.
---------------------------------------------------------------------------

    This incorporation by reference has the effect of adding the
following compounds to the list of negligibly reactive compounds:
trans-1,3,3,3-tetrafluoropropene; HCF2OCF2H(HFE-
134); HCF2OCF2OCF2H (HFE-236cal2);
HCF2OCF2CF2H (HFE-338pcc13);
HCF2OCF2OCF2CF2OCF2
H (H-Galden 1040x or H-Galden ZT 130 (or 150 or 180)); trans 1-chloro-
3,3,3-trifluoroprop-1-ene; 2,3,3,3-tetrafluoropropene; 2-amino-2-
methyl-1-propanol; 1,1,2,2-Tetrafluoro-1-(2,2,2-trifluoroethoxy)
ethane; cis-1,1,1,4,4,4-hexafluorobut-2-ene (HFO-1336mzz-Z). These
compounds are excluded from the VOC definition on the basis that each
of these compounds make a negligible contribution to tropospheric ozone
formation. EPA proposes to find that these changes to the SIP will not
interfere with attainment or maintenance of any national ambient air
quality standard, reasonable further progress, or any other applicable
requirement of the CAA, consistent with CAA section 110(l), because EPA
has found the chemicals listed in 40 CFR 51.100(s)(1) to be negligibly
reactive. This SIP revision also adds a new subsection 1.84.2 that
includes instructions on how to access copies of the Code of Federal
Regulations (CFR).

III. Incorporation by Reference

    In this document, 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 LMAPCD Regulation 1.02, Definitions, Section 1.84, state-
effective June 19, 2019, to revise the definition of ``Volatile organic
compound (VOC)'' by referencing the federal list of negligibly reactive
compounds and including instructions on how to access the CFR. 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).

IV. Proposed Action

    EPA is proposing to approve the Commonwealth's September 5, 2019
SIP revision that revises the definition of ``Volatile organic compound
(VOC)'' at LMAPCD Regulation 1.02, Definitions, in the Jefferson County
portion of the Kentucky SIP to be consistent with federal regulations
and CAA requirements.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the

Act and applicable Federal regulations. See 42 U.S.C. 7410(k); 40 CFR
52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve
state choices, provided that they meet the criteria of the CAA. This
action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed action:
     Is not a significant regulatory action 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is 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 rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.

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

    Dated: June 24, 2020.
Mary Walker,
Regional Administrator, Region 4.
[FR Doc. 2020-14093 Filed 7-2-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 29 (Tuesday, February 12, 2013)]
[Notices]
[Pages 9955-9957]
[FR Doc No: 2013-03186]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68851; File No. SR-BATS-2013-009]

Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Extend
the Pilot Program Related to Trading Pauses Due to Extraordinary Market
Volatility

February 6, 2013.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on January 30, 2013, BATS Exchange, Inc. (``BATS'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The Exchange
has designated this proposal as a ``non-controversial'' proposed rule
change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6)(iii) thereunder,4 which renders it effective upon filing with
the Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C.78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is proposing to extend a pilot program previously
approved by the Commission related to Rule 11.18, entitled ``Trading
Halts Due to Extraordinary Market Volatility.''
    The text of the proposed rule change is available at the Exchange's
Web site at http://www.batstrading.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
Sections A, B, and C below, of the most significant parts of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of this filing is to extend the effectiveness of the
Exchange's rule related to individual stock circuit breakers, which is
contained in Rule 11.18(d) and Interpretation and Policy .05 to Rule
11.18. The rule, explained in further detail below, is currently
operating as a pilot program set to expire on February 4, 2013.
    On June 10, 2010, the Commission approved on a pilot basis changes
to BATS Rule 11.18 to provide for uniform market-wide trading pause
standards for individual securities in the S&P 500[supreg] Index that
experience rapid price movement.\5\ Later, the Exchange and other
markets proposed extension of the trading pause standards on a pilot
basis to individual securities in the Russell 1000[supreg] Index and
specified Exchange Traded Products, which changes the Commission
approved on September 10, 2010.\6\ More recently, the Exchange proposed
expansion of the pilot program to apply to all NMS stocks.\7\ This
expansion was approved on June 23, 2011.\8\ The pilot program relating
to trading pause standards has been extended five times since its
inception.\9\ The Exchange believes the benefits to market participants
from the individual stock trading pause rule should be continued on a
pilot basis until individual stocks become, on a rolling basis, subject
to the Plan to Address Extraordinary Market Volatility Pursuant to Rule
608 of Regulation NMS

under the Act (the ``Limit Up-Limit Down Plan'' or ``Plan'').\10\
---------------------------------------------------------------------------

    \5\ Securities Exchange Act Release No. 62252 (June 10, 2010),
75 FR 34186 (June 16, 2010) (SR-BATS-2010-014).
    \6\ Securities Exchange Act Release No. 62884 (September 10,
2010), 75 FR 56618 (September 16, 2010) (SR-BATS-2010-018).
    \7\ Securities Exchange Act Release No. 64435 (May 6, 2011), 76
FR 27684 (May 12, 2011) (SR-BATS-2011-016).
    \8\ Securities Exchange Act Release No. 64735 (June 23, 2011),
76 FR 38243 (June 29, 2011) (File Nos. SR-BATS-2011-016; SR-BYX-
2011-011; SR-BX-2011-025; SR-CBOE-2011-049; SR-CHX-2011-09; SR-EDGA-
2011-15; SR-EDGX-2011-14; SR-FINRA-2011-023; SR-ISE-2011-028; SR-
NASDAQ-2011-067; SR-NYSE-2011-21; SR-NYSEAmex-2011-32; SR-NYSEArca-
2011-26; SR-NSX-2011-06; SR-Phlx-2011-64).
    \9\ Securities Exchange Act Release No. 63497 (December 9,
2010), 75 FR 78315 (December 15, 2010) (SR-BATS-2010-037);
Securities Exchange Act Release No. 64207 (April 6, 2011), 76 FR
20424 (April 12, 2011) (SR-BATS-2011-011); Securities Exchange Act
Release No. 65081 (August 9, 2011), 76 FR 50798 (August 16, 2011)
(SR-BATS-2011-027); Securities Exchange Act Release No. 66190
(January 19, 2012), 77 FR 3834 (January 25, 2012) (SR-BATS-2012-
001); Securities Exchange Act Release No. 67520 (July 27, 2012), 77
FR 46129 (August 2, 2012) (SR-BATS-2012-031).
    \10\ See Securities Exchange Act Release No. 67091 (May 31,
2012), 77 FR 33498 (June 6, 2012) (the ``Limit Up-Limit Down
Release'').
---------------------------------------------------------------------------

    The Exchange, in conjunction with other national securities
exchanges and FINRA, recently filed an amendment to the Plan to change
the date of initial operations of the Plan from February 4, 2013 to
April 8, 2013. The extension proposed herein would allow the pilot to
continue to operate without interruption until implementation of the
Limit Up-Limit Down Plan, which will occur on a rolling basis.
    The Exchange proposes to extend the effective date of the pilot
from the current scheduled expiration date of February 4, 2013 until
February 4, 2014. The Exchange also proposes to modify the definition
of ``Circuit Breaker Securities'' subject to the individual stock
circuit breaker pilot to mean all NMS stocks other than NMS stocks
subject to the Limit Up-Limit Down Plan. Accordingly, as securities
become subject to the Limit Up-Limit Down Plan, they will no longer be
Circuit Breaker Securities subject to the individual stock trading
pause pilot.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with the
requirements of the Act and the rules and regulations thereunder that
are applicable to a national securities exchange, and, in particular,
with the requirements of Section 6(b) of the Act.\11\ In particular,
the proposal is consistent with Section 6(b)(5) of the Act,\12\ because
it would promote just and equitable principles of trade, remove
impediments to, and perfect the mechanism of, a free and open market
and a national market system. The proposed rule change is also
consistent with Section 11A(a)(1) of the Act \13\ in that it seeks to
assure fair competition among brokers and dealers and among exchange
markets. The Exchange believes that the pilot program promotes just and
equitable principles of trade in that it promotes transparency and
uniformity across markets concerning decisions to pause trading in a
security when there are significant price movements. The Exchange
believes that the pilot program is working well, that it has been
infrequently invoked during the previous months, and that the extension
of the pilot will allow the Exchange to further assess the effect of
the pilot on the market until securities become subject to the Limit
Up-Limit Down Plan on a rolling basis.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
    \13\ 15 U.S.C. 78k-1(a)(1).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed changes are
being made to extend the operation of the trading pause pilot to allow
the pilot to continue to operate without interruption until
implementation of the Limit Up-Limit Down Plan, which contributes to
the protection of investors and the public interest. Other competing
equity exchanges are subject to the same trading pause requirements
specified in the Plan. Thus, the proposed changes will not impose any
burden on competition while providing trading pause requirements
specified in the Plan.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    The Exchange has neither solicited nor received written comments on
the proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \14\ and Rule 19b-4(f)(6) thereunder.\15\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \15\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change, along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \16\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b4(f)(6)(iii),\17\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing. The Commission believes
that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest because such waiver
would allow the pilot program to continue uninterrupted. Accordingly,
the Commission hereby grants the Exchange's request and designates the
proposal operative upon filing. \18\
---------------------------------------------------------------------------

    \16\ 17 CFR 240.19b-4(f)(6).
    \17\ 17 CFR 240.19b-4(f)(6)(iii).
    \18\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BATS-2013-009 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-BATS-2013-009. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule

change that are filed with the Commission, and all written
communications relating to the proposed rule change between the
Commission and any person, other than those that may be withheld from
the public in accordance with the provisions of 5 U.S.C. 552, will be
available for Web site viewing and printing in the Commission's Public
Reference Room, 100 F Street NE., Washington, DC 20549, on official
business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of
such filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make publicly available. All submissions should refer to
File Number SR-BATS-2013-009 and should be submitted on or before March
5, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
---------------------------------------------------------------------------

    \19\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-03186 Filed 2-11-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 242 (Monday, December 17, 2012)]
[Notices]
[Page 74729]
[FR Doc No: 2012-30293]

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

Office of the Secretary

Guidance on Review and Approval of Public Charter Prospectuses:
Extension of Effective Date to January 14, 2013

AGENCY: Office of the Secretary, Department of Transportation.

ACTION: Guidance on Review and Approval of Public Charter Prospectuses:
Extension of Effective Date to January 14, 2013.

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

SUMMARY: The Department is publishing the following notice extending
the effective date of a prior notice, dated November 13, 2012, on
policies affecting the review and approval of public charter filings
under 14 CFR part 380.

FOR FURTHER INFORMATION CONTACT: Nicholas Lowry, Attorney, Office of
Aviation Enforcement and Proceedings (C-70), 1200 New Jersey Ave. SE.,
Washington, DC 20590,<PHONE_NUMBER>.

Guidance on Review and Approval of Public Charter Prospectuses:
Extension of Effective Date to January 14, 2013

    On November 13, 2012, the Department of Transportation's Office of
International Aviation and the Office of Aviation Enforcement and
Proceedings issued a notice providing guidance on the review and
approval of public charter prospectuses. 77 FR 69692 (2012). The notice
was to have taken effect on December 12, 2012. By this addendum, we are
deferring the implementation date until January 14, 2013.
    The notice was issued in light of the bankruptcy of Southern Sky
Air & Tours, LLC d/b/a Direct Air. Our investigation of Direct Air
revealed non-compliance with a number of existing regulatory
requirements designed to protect consumers. Based on the Direct Air
experience, we determined that by clarifying certain elements of our
public charter regulations (14 CFR Part 380) we could promote more
effective compliance with those regulations and thereby enhance
consumer protection.
    We have received a number of comments and questions from members of
the public regarding the November notice. While we are firmly committed
to enhancing consumer protection and preventing a recurrence of the
type of problems encountered in the Direct Air situation, we want to be
sure that interested parties with questions or comments about the
notice have been afforded a reasonable opportunity to be heard, and
that we have had the opportunity to consider their views fully.
Therefore, we have decided to defer the effective date of our notice
for 30 days, until January 14, 2013. Questions and comments regarding
our November notice may be addressed to the Office of Aviation
Enforcement and Proceedings (C-70), U.S. Department of Transportation,
1200 New Jersey Avenue SE., Washington, DC 20590.
    An electronic version of this document is available at http://www.regulations.gov.

    Dated: December 11, 2012.
Paul L. Gretch,
Director, Office of International Aviation.
Samuel Podberesky,
Assistant General Counsel for Aviation Enforcement and Proceedings.
[FR Doc. 2012-30293 Filed 12-14-12; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register Volume 85, Number 188 (Monday, September 28, 2020)]
[Notices]
[Pages 60871-60872]
[FR Doc No: 2020-21326]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0215]

Hours of Service of Drivers: Right-A-Way LLC.; Application for
Exemption

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

ACTION: Notice of final disposition; denial of application.

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

SUMMARY: FMCSA announces its decision to deny an application from
Right-A-Way, LLC (Right-A-Way) requesting an exemption from the
requirement that its short-haul drivers use electronic logging devices
(ELDs) when they are required to prepare records of duty status (RODS)
more than eight days in a 30 consecutive day period. FMCSA has analyzed
the exemption application and has determined that the applicant would
not achieve a level of safety that is equivalent to, or greater than,
the level that would be achieved absent such exemption. FMCSA therefore
denies Right-A-Way's application for exemption.

FOR FURTHER INFORMATION CONTACT: Ms. La Tonya Mimms, Chief, FMCSA
Driver and Carrier Operations Division; Office of Carrier, Driver and
Vehicle Safety Standards;<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    Currently, 49 CFR 395.1(e) provides exceptions from the requirement
to prepare records of duty status (RODS) for drivers operating in
short-haul operations, provided certain conditions are satisfied.
Section 395.8(a)(1)(iii)(A)(1) allows motor carriers to require drivers
to record drivers' duty status manually rather than use an ELD, if the
drivers are operating commercial motor vehicles ``in a manner requiring
completion of a record of duty status not more than 8 days within any
30-day period.'' Drivers operating in short-haul operations are not
required to prepare RODS, except for the days when they do not satisfy
all the criteria provided in 49 CFR 395.1(e). These drivers may prepare
paper RODS for those occasions as long as RODS are not required more
than 8 days in a 30-day period. For operations where the short-haul
drivers fail to satisfy the applicable criteria more than eight days in
a 30-day period, the carrier and its drivers would be required to use
ELDs.

II. Request for Exemption

    Right-A-Way explained that it is a pipeline contract service
company who sub-contracts to maintain the pipeline's right-of-way
corridor above ground. Right-A-Way's operation covers refined products,
crude oil and natural gas covering 2,500 miles of pipeline in the
states of Texas, Oklahoma, Kansas, Missouri, Arkansas and Colorado,
with anticipated expansion to Minnesota, Iowa, North Dakota, South
Dakota, Nebraska and Wyoming. In addition, Right-A-Way maintains 1,100
miles of ammonia pipline that services the agricultural demand center
in the Midwest.
    Right-A-Way is requesting an exemption from the requirement to use
ELDs when its drivers do not satisfy all the criteria for the short-
haul exception to the RODS requirement. The exemption would enable the
company's short-haul drivers to use paper RODS rather than ELDs for
more than 8 days in a 30-day period. The applicant requested the
exemption be granted for 5 years. The exemption if granted, would cover
approximately eight drivers and eight CMVs.
    The applicant believes that its operation is similar to the
operations provided by drivers of utility service vehicles. Right-A-Way
wrote that FMCSA determined there was no compelling safety argument to
include drivers engaged in short-haul operations in the ELD
requirements, and emphasized that Part 395 already provides some
industry-specific exceptions for certain operations, including,
oilfield operations, pipeline wielding trucks, and utility service
vehicles. The applicant contends that these exceptions and exemptions
reflect the unique operating conditions of these industries, and
assessment by Congress or FMCSA that the exceptions do not raise a
compelling hazard.
    To ensure an equivalent or greater level of safety absent the
granted exemption, Right-A-Way offers daily safety training on all
hazards on the job and driving conditions to its drivers and crews. A
copy of the exemption application is included in the docket for this
notice.\1\
---------------------------------------------------------------------------

    \1\ You may view the notice and its supporting documentation
online at https://www.regulations.gov/docket?D=FMCSA-2019-0215.
---------------------------------------------------------------------------

III. Public Comments

    On April 28, 2020, FMCSA published notice of the application for
exemption and asked for public comment (85 FR 23592). There were no
comments submitted to the docket.

IV. FMCSA Decision

    When FMCSA published the rule mandating ELDs it relied upon
research indicating that the rule improves CMV safety and reduces the
overall paperwork burden for both motor carriers and drivers by
increasing the use of ELDs within the motor carrier industry, which
will in turn, improve compliance with the HOS rules. The rule includes
an exception allowing motor carriers up to 8 days in a 30-day period to
operate under conditions subject to the ELD requirement, without being
required to do so. The 8-day exception covers short-haul operations
that occasionally exceed the distance or time limits for the short-haul
exception to the RODS requirements. Right-A-Way did not demonstrate how
expanding the 8-day exception would maintain a level of safety
equivalent to, or greater than, the level achieved without the
exemption.
    Right-A-Way did not provide an alternative means of ensuring
compliance with the HOS rules if drivers rely on paper RODS for more
than eight times in a 30-day period. FMCSA does not accept mere
maintenance of RODS more than eight days as an alternative to ELDs.
There must be additional measures such as safety management oversight
processes to achieve an equivalent level of safety and the applicant
has not provided an acceptable alternative. Thus, Right-A-Way's request
for an exemption is denied.

James W. Deck,
Deputy Administrator.
[FR Doc. 2020-21326 Filed 9-25-20; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 81, Number 157 (Monday, August 15, 2016)]
[Notices]
[Page 54109]
[FR Doc No: 2016-19286]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4272-DR; Docket ID FEMA-2016-0001]

Texas; Amendment No. 7 to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster for the
State of Texas (FEMA-4272-DR), dated June 11, 2016, and related
determinations.

DATES: Effective Date: August 1, 2016

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident
period for this declared disaster is now May 22, 2016, through and
including June 24, 2016.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2016-19286 Filed 8-12-16; 8:45 am]
 BILLING CODE 9111-23-P