[Federal Register Volume 80, Number 103 (Friday, May 29, 2015)]
[Notices]
[Page 30756]
[FR Doc No: 2015-12982]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: ACSEP
Evaluation Customer Feedback Report

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew an information
collection. The information is collected from holders of FAA production
approvals and selected suppliers to obtain their input on how well the
agency is performing the administration and conduct of the Aircraft
Certification Systems Evaluation Program (ACSEP).

DATES: Written comments should be submitted by July 28, 2015.

ADDRESSES: Send comments to the FAA at the following address: Ronda
Thompson, Room 300, Federal Aviation Administration, ASP-110, 950
L'Enfant Plaza SW., Washington, DC 20024.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.

FOR FURTHER INFORMATION CONTACT: Ronda Thompson at<PHONE_NUMBER>, or
by email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2120-0605
    Title: ACSEP Evaluation Customer Feedback Report
    Form Numbers: FAA Form 8100-7.
    Type of Review: Renewal of an information collection.
    Background: The information collected is used by the Aircraft
Certification Service's Manufacturing Inspection Offices, Aircraft
Certification Offices, and the Production & Airworthiness Certification
Division to improve the administration and conduct of the Aircraft
Certification Systems Evaluation Program at the local and national
levels. Improvements to FAA Order 8100.7, Aircraft Certification
Systems Evaluation Program, have been and will continue to be
incorporated as a result of the on-going collection of data. It is also
used for reporting as a Customer Service Standard in fulfillment of
Executive Order 12862, Setting Customer Service Standards.
    Respondents: Approximately 200 holders of FAA production approvals
and selected suppliers.
    Frequency: Information is collected on occasion.
    Estimated Average Burden per Response: 30 minutes.
    Estimated Total Annual Burden: 100 hours.

    Issued in Washington, DC, on May 21, 2015.
Ronda Thompson,
FAA Information Collection Clearance Officer, IT Enterprises Business
Services Division, ASP-110.
[FR Doc. 2015-12982 Filed 5-28-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: November 23, 2009 (Volume 74, Number 224)]
[Proposed Rules]
[Page 61067-61068]
[DOCID:fr23no09-19]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 121 and 135

[Docket No. 28081]
RIN 2120-AI93 (Formerly 2120-AF63)

Flight Crewmember Duty Period Limitations, Flight Time
Limitations and Rest Requirements; Withdrawal

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM); withdrawal.

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SUMMARY: The FAA is withdrawing a previously published NPRM that
proposed to establish one set of duty period limitations, flight time
limitations, and rest requirements for flight crewmembers engaged in
air transportation. The NPRM also proposed to establish consistent and
clear duty period limitations, flight time limitations, and rest
requirements for domestic, flag, supplemental, commuter and on-demand
operations. We are withdrawing the NPRM because it is outdated and
because of the many significant issues commenters raised. The FAA
intends to issue a new NPRM to address flight, duty, and rest.

DATES: The proposed rule published on December 20, 1995 (60 FR 65951),
is withdrawn as of November 23, 2009.

FOR FURTHER INFORMATION CONTACT: Dale E. Roberts, Air Transportation
Division (AFS-200), Flight Standards Service, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    In June 1992 the FAA announced the tasking of the Aviation
Rulemaking Advisory Committee (ARAC) Flight Crewmember Flight/Duty Rest
Requirements working group.\1\ The tasking followed the FAA's receipt
of hundreds of letters about the interpretation of existing rest
requirements and several petitions to amend existing regulations. The
working group was tasked to determine if regulations on air carrier
flight, duty, and rest requirements were being consistently
interpreted; to evaluate industry compliance and practice on scheduling
of reserve duty and rest periods; and to evaluate reports of excessive
pilot fatigue related to such scheduling. While the working group could
not reach consensus, they submitted a final report in June 1994 with
proposals from several working group members.
---------------------------------------------------------------------------

    \1\ 57 FR 26685; June 15, 1992.
---------------------------------------------------------------------------

    Following receipt of the ARAC's report, the FAA published the 1995
NPRM.\2\ The proposed rule was based on proposals from the ARAC working
group, the petitions for rulemaking from the industry and others,
National Transportation Safety Board (NTSB) recommendations, and
existing knowledge of fatigue, including research by the National
Aeronautics and Space Administration (NASA). Subsequently, and in
response to requests from the industry, the FAA extended the comment
period closing date and answered clarifying questions to the NPRM in a
1996 notice published in the Federal Register.\3\
---------------------------------------------------------------------------

    \2\ Flight Crewmember Duty Period Limitations, Flight Time
Limitations and Rest Requirements notice of proposed rulemaking (60
FR 65951; December 20, 1995).
    \3\ 61 FR 11492; March 20, 1996.
---------------------------------------------------------------------------

    The NPRM included proposals for a 14-hour duty day for two-pilot
operations; a 10-hour flight time limit; two options for reserve and
standby duty; a 32-hour in 7 days limit on flight time; and a 10-hour
rest period. It also included provisions for tail end ferry flights
(conducted under part 91) under the proposed duty period and flight
time limits.

Discussion of Comments

    The FAA received over 2,000 comments to the NPRM. Although some
commenters, including the NTSB, NASA, Air Line Pilots Association, and
Allied Pilots Association, said the proposal would enhance safety, the
same commenters had specific objections. For example, the pilot unions
objected to the proposed increase in allowed flight time. These
commenters also said the proposal should have included special duty and
flight time limits for disruptions in circadian rhythm and for
operations with multiple takeoffs and landings.
    Many industry associations opposed the NPRM, stating the FAA lacked
safety data to justify the rulemaking, and industry compliance would
impose significant costs. The reserve duty time provisions generated
the most controversy. Overwhelmingly, air carrier associations and
operators strongly criticized these provisions, asserting that they had
no safety basis and were extremely costly.

Subsequent Fatigue Mitigation Efforts

    Given the significant issues the NPRM raised, particularly about
reserve time, the FAA tasked \4\ ARAC in 1998 to make recommendations
on reserve time for all types of air carrier operations. ARAC held a
series of public meetings across the country to seek a broad cross-
section of views. While the exchange helped in identifying issues that
needed to be resolved before issuing a final rule, in the end, ARAC was
unable to reach consensus. The FAA had stated in the NPRM that if the
proposal on reserve time was not adopted, the agency would undertake
rigorous enforcement of existing flight, duty, and rest rules.
Consequently, in a June 1999 notice of enforcement policy,\5\ the FAA
informed the industry that the agency would conduct inspections to
ensure compliance with current rules. Those inspections began in
December 1999. After publication of this notice, the FAA received
several requests for interpretation of various provisions of the rules.
We responded to these requests in a second notice of

enforcement policy \6\ published in the Federal Register in May 2001.
---------------------------------------------------------------------------

    \4\ 63 FR 37167; July 9, 1998.
    \5\ Flight Crewmember Flight Time Limitations and Rest
Requirements notice of enforcement policy (64 FR 32176; June 15,
1999).
    \6\ 66 FR 27548; May 17, 2001.
---------------------------------------------------------------------------

    Since 2001, the agency has undertaken other fatigue mitigation
efforts. Among these efforts was the Part 125/135 Aviation Rulemaking
Committee (ARC),\7\ which we convened in February 2003, to do a
comprehensive regulatory review of 14 CFR parts 125 and 135. This
review included rules on flight, duty, and rest. The ARC submitted its
recommendations in September 2005. Also, in June 2008, we held an
Aviation Fatigue Management Symposium \8\ that provided the industry
with the latest information on fatigue science, mitigation, and
management. Currently, the agency is developing an Advisory Circular on
fatigue that incorporates information from the Symposium. Additionally,
in June 2009, the FAA chartered the Flight and Duty Time Limitations
and Rest Requirements ARC \9\ comprised of labor, industry, and FAA
representatives to develop recommendations for an FAA rule based on
current fatigue science and a thorough review of international
approaches to the issue.
---------------------------------------------------------------------------

    \7\ 68 FR 5488; February 3, 2003 (See also 67 FR 42323; July 17,
2003).
    \8\ See www.faa.gov/about/office%5Forg/headquarters%5Foffices/
avs/offices/afs/afs200/ for the Symposium proceedings.
    \9\ See http://www.faa.gov/about/office%5Forg/
headquarters%5Foffices/avs/offices/afs/afs200/ for the ARC Charter.
---------------------------------------------------------------------------

Reason for Withdrawal

    The FAA is withdrawing the 1995 Flight Crewmember Duty Period
Limitations, Flight Time Limitations and Rest Requirements NPRM because
it is outdated and because it raised many significant issues that the
agency needed to consider before proceeding with a final rule. Instead
of adopting the provisions of the 1995 NPRM, the FAA intends to develop
a new NPRM later this year that considers the Flight and Duty Time
Limitations and Rest Requirements ARC recommendations, scientific
research, NTSB recommendations on fatigue and flight duty time, and the
recommendations of the Part 125/135 ARC.

Conclusion

    The FAA is withdrawing the December 1995 NPRM for the reasons
stated in this notice and will issue a new proposed rule to address
flight, duty, and rest. We will provide the opportunity for comment on
the new rulemaking through the NPRM process.

    Issued in Washington, DC, on November 17, 2009.
Chester D. Dalbey,
Deputy Director, Flight Standards Service.
[FR Doc. E9-28054 Filed 11-20-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 116 (Monday, June 19, 2017)]
[Notices]
[Page 27808]
[FR Doc No: 2017-12673]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #2

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-1790-015; ER10-2596-006; ER10-2597-004; ER12-
2200-003.
    Applicants: BP Energy Company, Fowler Ridge II Wind Farm LLC,
Fowler Ridge III Wind Farm LLC, Mehoopany Wind Energy LLC.
    Description: Updated Market Analysis for Northeast Region of BP
Energy Company, et al.
    Filed Date: 6/12/17.
    Accession Number: 20170612-5089.
    Comments Due: 5 p.m. ET 8/11/17.

    Docket Numbers: ER17-1532-001.
    Applicants: Golden Spread Electric Cooperative, Inc.
    Description: Tariff Amendment: Clarification to Amended and
Restated WPC to be effective 5/3/2017.
    Filed Date: 6/12/17.
    Accession Number: 20170612-5064.
    Comments Due: 5 p.m. ET 7/3/17.

    Docket Numbers: ER17-1798-000.
    Applicants: Fowler Ridge III Wind Farm LLC.
    Description: Sec.  205(d) Rate Filing: Revised Market-Based Rate
Tariff to be effective 8/12/2017.
    Filed Date: 6/12/17.
    Accession Number: 20170612-5117.
    Comments Due: 5 p.m. ET 7/3/17.

    Docket Numbers: ER17-1799-000.
    Applicants: Mehoopany Wind Energy LLC.
    Description: Sec.  205(d) Rate Filing: Revised Market-Based Rate
Tariff to be effective 8/12/2017.
    Filed Date: 6/12/17.
    Accession Number: 20170612-5124.
    Comments Due: 5 p.m. ET 7/3/17.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: June 12, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-12673 Filed 6-16-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 233 (Tuesday, December 4, 2018)]
[Notices]
[Pages 62583-62585]
[FR Doc No: 2018-26303]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2015-N-3815]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Electronic Submission of Medical Device Registration
and Listing

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
an opportunity for public comment on the proposed collection of certain
information by the Agency. Under the Paperwork Reduction Act of 1995
(PRA), Federal Agencies are required to publish notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information, and
to allow 60 days for public comment in response to the notice. This
notice solicits comments on information collection associated with
electronic submission of medical device registration and listing.

DATES: Submit either electronic or written comments on the collection
of information by February 4, 2019.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before February 4, 2019. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of February 4, 2019. Comments
received by mail/hand delivery/courier (for written/paper submissions)
will be considered timely if they are postmarked or the delivery
service acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2015-N-3815 for ``Agency Information Collection Activities;
Proposed Collection; Comment Request; Electronic Submission of Medical
Device Registration and Listing.'' Received comments, those filed in a
timely manner (see ADDRESSES), will be placed in the docket and, except
for those submitted as ``Confidential Submissions,'' publicly viewable
at https://www.regulations.gov or at the Dockets Management Staff
between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly

available, you can provide this information on the cover sheet and not
in the body of your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Amber Sanford, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A-12M, 11601
Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice of the proposed collection
of information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

Electronic Submission of Medical Device Registration and Listing--21
CFR Part 807, Subparts A Through D

OMB Control Number 0910-0625--Extension

    Under section 510 of the Federal Food, Drug, and Cosmetic Act (FD&C
Act) (21 U.S.C. 360) and part 807, subparts A through D (21 CFR part
807, subparts A through D), medical device establishment owners and
operators are required to electronically submit establishment
registration and device listing information.
    Complete and accurate registration and listing information is
necessary to accomplish a number of statutory and regulatory
objectives, such as: (1) Identification of establishments producing
marketed medical devices, (2) identification of establishments
producing a specific device when that device is in short supply or is
needed for national emergency, (3) facilitation of recalls for devices
marketed by owners and operators of device establishments, (4)
identification and cataloguing of marketed devices, (5) administering
postmarketing surveillance programs for devices, (6) identification of
devices marketed in violation of the law, (7) identification and
control of devices imported into the country from foreign
establishments, (8) and scheduling and planning inspections of
registered establishments under section 704 of the FD&C Act (21 U.S.C.
374).
    Respondents to this information collection are owners or operators
of establishments that engage in the manufacturing, preparation,
propagation, compounding, or processing of a device or devices, who
must register their establishments and submit listing information for
each of their devices in commercial distribution. Notwithstanding
certain exceptions, foreign device establishments that manufacture,
prepare, propagate, compound, or process a device that is imported or
offered for import into the United States must also comply with the
registration and listing requirements. The number of respondents is
based on data from the FDA Unified Registration and Listing System.
    Burden estimates are based on recent experience with the existing
medical device registration and listing program, electronic system
operating experience, and previous data estimates.
    FDA estimates the burden of this collection of information as
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Annual
                     21 CFR section                        FDA form No.      Number of    frequency  per   Total annual      Hours per      Total hours
                                                                            respondents      response        responses       response
--------------------------------------------------------------------------------------------------------------------------------------------------------
807.20(a)(5) \2\--Submittal of Manufacturer Information             3673           5,736               1           5,736            1.75          10,038
 by Initial Importers...................................
807.20(a)(5) \3\--Submittal of Manufacturer Information             3673           5,736               1           5,736             0.1             574
 by Initial Importers...................................
807.21(a) \2\--Creation of Electronic System Account....            3673           2,937               1           2,937             0.5           1,469
807.21(b) \3\--Annual Request for Waiver from Electronic  ..............               1               1               1               1               1
 Registration and Listing...............................
807.21(b) \2\--Initial Request for Waiver from            ..............               1               1               1               1               1
 Electronic Registration and Listing for................
807.22(a) \2\--Initial Registration and Listing.........            3673           3,467               1           3,467               1           3,467
807.22(b)(1) \3\--Annual Registration...................            3673          23,403               1          23,403             0.5          11,702

807.22(b)(2) \3\--Other Updates of Registration.........            3673           2,687               1           2,687             0.5           1,344
807.22(b)(3) \3\--Annual Update of Listing Information..            3673          22,607               1          22,607             0.5          11,304
807.26(e) \3\--Labeling and Advertisement Submitted at    ..............              71               1              71               1              71
 FDA Request............................................
807.34(a) \2\--Initial Registration and Listing when      ..............               1               1               1               1               1
 Electronic Filing Waiver Granted.......................
807.34(a) \3\--Annual Registration and Listing when       ..............               1               1               1               1               1
 Electronic Filing Waiver Granted.......................
807.40(b)(2) \3\--Annual Update of US Agent Information.            3673           1,615               1           1,615             0.5             808
807.40(b)(3) \3\--US Agent Responses to FDA Requests for            3673           1,535               1           1,535            0.25             384
 Information............................................
807.41(a) \3\--Identification of Initial Importers by               3673          12,983               1          12,983             0.5           6,492
 Foreign Establishments.................................
807.41(b) \3\--Identification of Other Parties that                 3673          12,983               1          12,983             0.5           6,492
 Facilitate Import by Foreign Establishments............
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Total One Time Burden...............................  ..............  ..............  ..............  ..............  ..............          14,975
--------------------------------------------------------------------------------------------------------------------------------------------------------
        Total Recurring Burden..........................  ..............  ..............  ..............  ..............  ..............          39,173
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Totals are rounded to the nearest whole number.
\2\ One-Time Burden--Firm only provides initially.
\3\ Recurring Burden--Firm is required to review annually.

                                Table 2--Estimated Annual Recordkeeping Burden\1\
----------------------------------------------------------------------------------------------------------------
                                                      Annual
         21 CFR section              Number of     frequency per   Total annual      Hours per      Total hours
                                    respondents    recordkeeper       records         record
----------------------------------------------------------------------------------------------------------------
807.25(d) \2\--List of Officers,          22,338               1          22,338             .25           5,585
 Directors, and Partners........                                                    (15 minutes)
807.26 \2\--Labeling and                  17,032               4          68,128              .5          34,064
 Advertisements Available for                                                       (30 minutes)
 Review.........................
----------------------------------------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............          39,649
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.
\2\ Recurring burden--Firm is required to keep records.

    The following adjustments and program changes resulted in a 5,672-
hour decrease to the overall total hour burden estimate for this
information collection request.
     We adjusted the number of respondents based on updated
registration and listing data.
     In the reporting burden table, we corrected the table
footnotes to accurately indicate whether the information collection
(IC) is a one-time or reoccurring burden.
     We also adjusted some of the IC descriptions in the table
for increased clarity.
     We updated our estimate of Hours per Response for
``807.22(a) Initial Registration and Listing'' (+ 0.5 hours),
``807.22(b)(1) Annual Registration'' (- 0.25 hours), and ``807.22(b)(3)
Annual Update of Listing Information'' (- 0.25 hours). Based on our
review of the program, we believe these changes to the burden estimate
will more accurately reflect the current preparation time for these
ICs.

    Dated: November 28, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-26303 Filed 12-3-18; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 78, Number 38 (Tuesday, February 26, 2013)]
[Notices]
[Pages 13073-13074]
[FR Doc No: 2013-04319]

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

Coast Guard

[Docket No. USCG-2012-1049]

Interim Guidance for Revised Implementation of the International
Convention for the Prevention of Pollution From Ships (MARPOL), Annex V

AGENCY: Coast Guard, DHS.

ACTION: Notice of availability.

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SUMMARY: The Coast Guard announces the availability of CG-CVC Policy
Letter 13-01, ``Interim Guidance for Revised MARPOL Annex V
Implementation.'' On July 15, 2011, the International Maritime
Organization's (IMO) Marine Environment Protection Committee (MEPC)
formally adopted Resolution MEPC.201(62), which amends the
International Convention for the Prevention of Pollution from Ships
(MARPOL) Annex V, by establishing a general prohibition on discharges
of garbage into the sea. The amendments in Resolution MEPC.201(62)
entered into force on January 1, 2013. CG-CVC Policy Letter 13-01
provides interim guidance to assist U.S. flagged and foreign flagged
oceangoing ships regarding compliance with the amendments in Resolution
MEPC.201(62) until the Coast Guard updates the applicable regulations
in 33 CFR part 151.

DATES: The effective date for the amendments in Resolution MEPC.201(62)
was January 1, 2013. CG-CVC Policy Letter 13-01 is effective as of
February 26, 2013.

ADDRESSES: This notice and the documents referenced within are
available in the docket and can be viewed by going to
www.regulations.gov and using ``USCG-2012-1049'' as your search term.
CG-CVC Policy Letter 13-01 can also be viewed on the Coast Guard's Web
site at http://homeport.uscg.mil by referring to the left side menu and
following the links to ``Domestic Vessels,'' ``Domestic Vessel
Policy,'' and ``Office of Commercial Vessel Compliance (CG-CVC) Policy
Letters.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice
or CG-CVC Policy Letter 13-01, call or email LT John Peterson, U.S.
Coast Guard, Office of Commercial Vessel Compliance (CG-CVC-1),
telephone<PHONE_NUMBER>, or email<EMAIL_ADDRESS>If you have
questions on viewing material in the docket, call Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background and Purpose

    The United States implements MARPOL Annex V through the Act to
Prevent Pollution from Ships (33 U.S.C. 1901, et. seq.). On July 15,
2011, the IMO's MEPC formally adopted Resolution MEPC.201(62), which
amends MARPOL Annex V by establishing a general prohibition on
discharges of garbage into the sea. Under prescribed conditions,
exceptions are provided for food wastes, cargo residues, cleaning
agents or additives contained in cargo hold, deck, and external surface
wash waters, and animal carcasses. The amendments in Resolution
MEPC.201(62) entered into force on January 1, 2013.
    The Coast Guard intends to revise its regulations in 33 CFR part
151 to conform with the amendments in Resolution MEPC.201(62). These
conforming regulatory provisions were not finalized prior to January 1,
2013. The lack of updated regulations does not exempt ships from
meeting the requirements of the amended MARPOL Annex V. CG-CVC Policy
Letter 13-01 provides interim guidance to assist U.S. flagged and
foreign flagged oceangoing ships regarding compliance with the
amendments in Resolution MEPC.201(62) until the Coast Guard updates the
applicable regulations.
    As of January 1, 2013, all U.S. flagged ships and fixed or floating
platforms are expected to meet the requirements of the amended MARPOL
Annex V. This is particularly important for U.S. flagged ships
(including recreational and uninspected ships) on international voyages
that want to avoid Port State control actions. For U.S. ships operating

strictly on domestic routes, Coast Guard Marine Inspectors should
verify compliance with amended MARPOL Annex V during normally scheduled
inspections, but inspectors are encouraged to use an educational
outreach and awareness approach. Additionally, current enforcement
options remain in place for willful and egregious violators or repeat
offenders.
    Additionally, all foreign flagged ships operating in the navigable
waters of the U.S. or the Exclusive Economic Zone \1\ of the U.S. are
expected to meet the requirements of amended MARPOL Annex V.\2\ Coast
Guard Port State Control Officers should verify a foreign flag ships'
compliance with MARPOL Annex V during normally scheduled Port State
Control examinations.
---------------------------------------------------------------------------

    \1\ With respect to the United States (including the
Commonwealth of Puerto Rico, the Commonwealth of the Northern
Mariana Islands, Guam, American Samoa, the United States Virgin
Islands, and any other territory or possession over which the United
States exercises sovereignty), exclusive economic zone means the
zone seaward of and adjacent to the territorial sea, including the
contiguous zone, and extending 200 nautical miles from the
territorial sea baseline (except where otherwise limited by treaty
or other agreement recognized by the United States) in which the
United States has the sovereign rights and jurisdiction and all
nations have the high seas freedoms mentioned in Presidential
Proclamation 5030 of March 10, 1983 (33 CFR 2.30(a)).
    \2\ See 33 U.S.C. 1902(a)(3).
---------------------------------------------------------------------------

    The guidance in CG-CVC Policy Letter 13-01 is neither a substitute
for applicable legal requirements, nor a rule. It is not intended nor
does it impose legally-binding requirements on any party. It represents
the Coast Guard's current policy on this topic and may assist industry,
mariners, the general public, and the Coast Guard, as well as other
Federal and state regulators, in applying statutory and regulatory
requirements. An alternative approach may be used for complying with
these requirements if the approach satisfies the requirements of the
applicable statutes and regulations. If you want to discuss an
alternative approach, you may contact the Coast Guard Office of
Commercial Vessel Compliance (CG-CVC-1) using the methods provided in
the FOR FURTHER INFORMATION CONTACT section above.

    Authority: This notice is issued under authority of 5 U.S.C.
552(a) and 33 U.S.C. 1901 et seq.

    Dated: February 19, 2013.
P.F. Thomas,
Captain, U.S. Coast Guard, Director, Inspections and Compliance.
[FR Doc. 2013-04319 Filed 2-25-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: June 1, 2009 (Volume 74, Number 103)]
[Rules and Regulations]
[Page 26103-26107]
[DOCID:fr01jn09-11]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2007-0836-200739(f); FRL-8911-6]

Approval and Promulgation of Implementation Plans; Florida;
Removal of Gasoline Vapor Recovery From the Southeast Florida Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is taking final action to approve revisions to the State
Implementation Plan (SIP) submitted by the State of Florida on May 31,
2007, for the purpose of removing Stage II vapor control requirements
for new and upgraded gasoline dispensing facilities in Dade, Broward,
and Palm Beach Counties (hereafter referred to as the ``Southeast
Florida Area''), and to phase out Stage II requirements for existing
facilities in those counties. In addition, EPA is approving this SIP
revision which requires new and upgraded gasoline dispensing facilities
and new bulk gasoline plants statewide to employ Stage I vapor control
systems, and phases in Stage I vapor control requirements statewide for
existing gasoline dispensing facilities. This final rule addresses a
comment made on EPA's proposed rulemaking previously published for this
action.

DATES: This rule will be effective July 1, 2009.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2007-0836. All documents in the
electronic docket are listed in the http://www.regulations.gov Web
site. Although listed in the index, some information is not publicly
available, i.e., Confidential Business Information or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://
www.regulations.gov or in hard copy at the Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. EPA requests that, if at all
possible, you contact the person listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your inspection. The Regional Office's
official hours of business are Monday through Friday, 8:30 to 4:30,
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Twunjala Bradley, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. The telephone number
is<PHONE_NUMBER>. Ms. Bradley can also be reached via electronic mail
at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. EPA Guidance and Clean Air Act (CAA) Requirements
III. Today's Action
IV. Comment and Response
V. Final Action
VI. Statutory and Executive Order Review

I. Background

    On January 6, 1992, EPA designated the Southeast Florida Area as a
``moderate'' ozone nonattainment area for the 1-hour ozone standard (56
FR 56694). As a result of the designation, the State of Florida was
required to implement Stage II vapor recovery. Pursuant to the
requirements of section 182(b)(3) of the CAA, Florida developed Florida
Administrative Code (F.A.C.) Rule 62-252.400, ``Gasoline Dispensing
Facilities-Stage II Vapor Recovery.'' The rule established that new
gasoline dispensing facilities built after November 15, 1992, were
required to employ Stage II systems upon start-up; and existing
facilities were required to install Stage II systems by specific dates
ranging from June 30, 1993, to November 15, 1994. This State rule was
submitted as part of Florida's SIP and approved by EPA effective April
25, 1994 (59 FR 13883).
    On November 8, 1993, Florida submitted to EPA an ozone
redesignation request and maintenance plan for the Southeast Florida
Area for attainment status for the 1-hour ozone standard. This request
was due to the State implementing all measures required for moderate
ozone

nonattainment areas under the CAA and exhibiting three years of clean
data (1990-1992) for the 1-hour ozone standard. The maintenance plan,
demonstrated that nitrogen oxides (NOX) and volatile organic
compound (VOC) emissions in the area would remain below the 1990
``attainment year'' levels throughout the ten-year period from 1995 to
2005. In making these projections, Florida factored in the emissions
benefit (primarily VOCs) of the area's Stage II program, thereby
maintaining this program as part of its 1-hour ozone SIP. EPA approved
the maintenance plan and redesignation request effective April 25, 1995
(60 FR 10325). Subsequently, the maintenance plan was extended by
Florida to 2015 and approved by EPA, effective April 13, 2004 (69 FR
7127).
    On May 31, 2007, Florida submitted a SIP revision requesting the
removal of Stage II vapor control requirements for new and upgraded
gasoline dispensing facilities in the Southeast Florida Area, and to
phase out Stage II requirements for existing facilities in those
counties. In addition to removing Stage II requirements for the
Southeast Florida Area, Florida's SIP revision requires Stage I vapor
recovery at new and upgraded gasoline dispensing facilities statewide;
phase in Stage I vapor recovery statewide for existing gasoline
dispensing facilities not previously required to have Stage I; and
tanker trucks and trailers to ensure connection of the vapor return
line at facilities equipped for Stage I vapor recovery statewide.
Currently, Florida's Stage I vapor recovery is required for gasoline
dispensing facilities in seven counties designated as maintenance areas
for 8-hour ozone (including Duval, Orange, Hillsborough, Pinellas, Palm
Beach, Broward, and Miami-Dade Counties).
    On September 16, 2008, EPA simultaneously published a proposed rule
(73 FR 53404) and a direct final rule (73 FR 53378) approving the
aforementioned revisions to Florida's SIP. The proposed and direct
final rules stated that if EPA received adverse comment by October 16,
2008, the direct final rule would be withdrawn and would not take
effect. EPA subsequently received an adverse comment regarding the
approval of the submittal on September 16, 2008, and thus withdrew the
direct final rulemaking on October 27, 2008 (73 FR 63639).

II. EPA Guidance and CAA Requirements

    On April 6, 1994, EPA promulgated the regulations requiring the
phase-in of on-board refueling vapor recovery (ORVR) systems on new
motor vehicles. Under CAA section 202(a)(6) areas classified under
section 181 as moderate ozone nonattainment areas were not required to
implement Stage II vapor recovery programs after promulgation of the
ORVR standards. The CAA no longer required moderate areas to impose
Stage II controls under section 182(b)(3) and such areas could
implement SIP revisions to remove the requirements. However, at the
time of ORVR promulgation, the Southeast Florida Area Stage II program
was already in place and had been included in the State's November 8,
1993, redesignation request and 1-hour ozone maintenance plan for the
area; therefore Florida elected not to remove the program from the SIP
at that time.
    As mentioned above, the Southeast Florida Area is currently
designated as attainment for the 1997 8-hour (0.08 parts per million
(ppm)) ozone standard and has had an approved attainment and
maintenance plan for the 1-hour ozone standard since April 25, 1995 (60
FR 10325). On March 12, 2008, EPA strengthened its National Ambient Air
Quality Standard (NAAQS) for the 8-hour primary ground-level ozone
standard from 0.08 ppm (previously set in 1997) to 0.075 ppm. The
Southeast Florida Area's 8-hour ozone standard design values for the
years 2005-2007 were 0.074 ppm for Dade County, 0.067 ppm for Broward
County and 0.066 ppm for Palm Beach County. These levels were below
both the 1997 8-hour ozone standard and the 2008 8-hour ozone standard.
Preliminary data through 2008 indicates that the Southeast Florida Area
is in compliance of both the 1997 and 2008 8-hour ozone standards.
    On January 5, 2005, EPA published nonattainment and attainment
designations for the PM2.5 standard (70 FR 944). The
Southeast Florida Area was designated as attainment for the
PM2.5 standard and has remained in attainment through 2008.
The level of the current PM2.5 annual standard is 15
micrograms per cubic meter ([mu]g/m3). The annual
PM2.5 design value for Southeast Florida Area for the period
of 2005-2007 was 8.6 [mu]g/m3. On October 17, 2006, EPA
promulgated a revised NAAQS for PM2.5 retaining the annual
PM2.5 standard of 15 [mu]g/m3 and revising the
24-hour PM2.5 standard from 65 [mu]g/m3 to 35
[mu]g/m3. The effective date for the new standard was
December 18, 2006.\1\ Florida submitted a letter dated December 12,
2007, which recommended that the entire State of Florida be designated
as attainment for the PM2.5 standard. On December 22, 2008,
in accordance with the CAA, EPA designated the State of Florida
(including Southeast Florida Area) as attainment of the 2006, 24-hour
PM2.5 standard. The daily PM2.5 design value for
Southeast Florida Area for the period of 2005-2007 was 24.3 [mu]g/
m3. Preliminary data through 2008 indicates that the
Southeast Florida Area is in compliance of both the 1997 and 2006
particulate matter standards.
---------------------------------------------------------------------------

    \1\ On February 24, 2009, the U.S. Court of Appeals for the DC
Circuit granted a petition for review of EPA's decision to retain
the annual PM2.5 standard of 15 [mu]g/m3 and
remanded the matter to EPA for further proceedings but did not
vacate the standard. American Farm Bureau Federation v. EPA (D.C.
Cir., No. 06-1410).
---------------------------------------------------------------------------

    EPA's primary consideration for determining the approvability of
Florida's request to remove Stage II vapor control requirements for new
and upgraded gasoline dispensing facilities in the Southeast Florida
Area, and for the phase out of Stage II requirements for existing
facilities in those counties, is contingent on whether this requested
action complies with section 110(l) of the CAA. Section 110(l) of the
CAA states that:

    Each revision to an implementation plan submitted by a State
under this Chapter shall be adopted by such State after reasonable
notice and public hearing. The administrator shall not approve a
revision of a plan if the revision would interfere with any
applicable requirement concerning attainment and reasonable further
progress (as defined in Section 7501 of this title), or any other
applicable requirement of this chapter.

III. Today's Action

    EPA is taking final action to approve the SIP revision submitted by
Florida for the purpose of removing Stage II vapor control requirements
for new and upgraded gasoline dispensing facilities in Miami-Dade,
Broward, and Palm Beach Counties, and phasing out Stage II requirements
for existing facilities in those counties. Additionally, EPA is
approving rule changes which would require new and upgraded gasoline
dispensing facilities and new bulk gasoline plants statewide to employ
Stage I vapor control systems, and would phase in Stage I vapor control
requirements statewide for existing gasoline dispensing facilities. EPA
is also responding to the adverse comment received on the September 16,
2008, rulemaking proposing to approve the aforementioned revisions (see
73 FR 53378). These approval actions are based on EPA's analyses of
whether these requests comply with section 110(l) of the CAA. EPA's
analyses for the State of Florida's submittal are described in detail
in the proposed and direct final rules published September 16, 2008 (73
FR 53404 and 73 FR 53378, respectively).

IV. Comment and Response

    The following is a summary of the adverse comment received on the
direct final and proposed rules published, September 16, 2008, and
EPA's response to the comment.
    Comment: The commenter alleges that removal of the Stage II vapor
recovery requirement with sole reliance on ORVR canisters to reduce
vehicle refueling emissions violates the EPA rules for such emissions
to be less than or equal to 0.2 grams/gallon. The commenter provided
data from a study that the commenter believes supports his claim.
    Response: The commenter provided three sets of test data that he
alleges shows that existing ORVR systems emit in excess of 0.2 grams/
gallon. The results of the three sets of test data presented claim that
actual emissions range from 0.481 to 1.002 grams/gallon. The commenter
does not explain why he believes this is relevant to the removal of
Stage II requirements in the Southeast Florida Area.
    In this rulemaking, EPA is making no finding on the validity of the
test data or the commenter's interpretation of the results presented.
Rather, EPA assessed whether excess emissions of the magnitude alleged
to occur by the commenter could impact the noninterference
demonstration prepared by Florida.
    Removing the Stage II vapor recovery requirement from the Southeast
Florida Area's portion of the Florida SIP may result in a small,
temporary increase in VOC emissions within the three Southeast Florida
counties. In the May 31, 2007, SIP revision, Florida estimated
anthropogenic VOC emissions in the Southeast Florida Area to be 512.6
tons/day in 2005, falling to 494.6 tons/day in 2010 and 467.2 tons/day
in 2015. By comparison, 1990 VOC emission rates were 867.8 tons/day.
Florida has projected a continued decrease in VOC emissions from 2005
to 2010 and 2015 even with the removal of Stage II vapor recovery
systems. Specifically, Florida projects reductions from 2005 VOC
emission rates of 18 tons/day in 2010 and 45.4 tons/day in 2015. The
following table shows the expected emission changes in comparison with
the emissions that would occur if the Stage II vapor recovery
requirement were to remain in force.

                        Table 1--Total VOC \2\ Emissions From Southeast Florida Area With & Without Vehicle Refueling (Stage II)
                                                                     [Tons per day]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               1990            2005                    2010                            2015
                                                         -----------------------------------------------------------------------------------------------
                                                           without Stage                                   without Stage                   without Stage
                                                                II         with Stage II   with Stage II        II         with Stage II        II
--------------------------------------------------------------------------------------------------------------------------------------------------------
Miami-Dade..............................................           399.8           208.3           200.0           202.1           191.6           192.8
Broward.................................................           239.6           154.6           145.3           147.2           135.9           136.9
Palm Beach..............................................           228.4           149.7           143.2           144.7           136.7           137.5
                                                         -----------------------------------------------------------------------------------------------
    SE Florida Total....................................           867.8           512.6           488.4           494.0           464.2           467.2
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Using 2007\\ gasoline and gasohol sales data, if the commenter's
data are accurate, the Southeast Florida Area emission inventories
projections for 2010 and 2015 would only increase by 1.98 to 5.64 tons/
day. This is significantly less than the expected reductions projected
to occur from 2005 to 2010 (18 tons/day) and 2015 (45 tons/day). Hence,
EPA concludes that even if the commenter's data are accurate, emissions
of VOCs in the Southeast Florida Area would still continue to decrease
from 2005 emission levels. Since the Southeast Florida Area was in
attainment in 2005 for the ozone NAAQS, and continues to be in
attainment, EPA has determined that removal of Stage II vapor recovery
systems in the Southeast Florida Area would not result in interference
with attainment or maintenance of the ozone NAAQS. Similarly, the
Southeast Florida area is in attainment for the particulate matter
NAAQS and, for the reasons stated in the proposal and previous direct
final rule, EPA has determined that removal of Stage II vapor recovery
systems in the Southeast Florida Area would not result in interference
with attainment or maintenance of the ozone and particulate matter
NAAQS, or any other Clean Air Act applicable requirement.
---------------------------------------------------------------------------

    \2\ The total VOC emissions in this area also include a biogenic
component that is assumed constant over time. The biogenic VOC
emissions for the individual counties are estimated at 211.3 tpd for
Miami-Dade, 174.5 tpd for Broward, and 399.6 tpd for Palm Beach.
These amounts can be added to the man-made emissions to get the
total VOC emissions.
---------------------------------------------------------------------------

    Based on the factors mentioned above, EPA believes that Florida's
demonstration to remove the Stage II requirement from the Florida SIP
for the Southeast Florida Area is consistent with section 110(l) of the
CAA.

V. Final Action

    EPA is taking final action to approve the revisions to the Florida
SIP for the purpose of removing Stage II vapor control requirements for
new and upgraded gasoline dispensing facilities in Miami-Dade, Broward,
and Palm Beach Counties, and phasing out Stage II requirements for
existing facilities in those counties. Additionally, EPA is approving
rule changes that would require new and upgraded gasoline dispensing
facilities and new bulk gasoline plants statewide to employ Stage I
vapor control systems, and would phase in Stage I vapor control
requirements statewide for existing gasoline dispensing facilities.
This SIP revision includes changes to F.A.C. Chapters 62-210.200
Definitions, 62-210.310 Air General Permits, 62-210.920 Air General
Permit Forms, 62-252.200 Definitions, 62-252.300 Gasoline Dispensing
Facilities--Stage I Vapor Recovery, 62-252.400 Gasoline Dispensing
Facilities--Stage II Vapor Recovery, 62-252.500 Gasoline Tanker Trucks,
62-296-418 Bulk Gasoline Plants, and 62-296.509 Bulk Gasoline Plants
(Repealed). These revisions are consistent with EPA guidance and the
CAA, as amended in 1990.

VI. 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. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve State choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves State law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by State
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office

of Management and Budget under Executive Order 12866 (58 FR 51735,
October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have Tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on Tribal governments or preempt Tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by July 31, 2009. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: May 11, 2009.
Beverly H. Banister,
Acting Regional Administrator, Region 4.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart K--Florida

0
2. Section 52.520(c) is amended by:
0
a. Under Chapter 62-210 revising entries for ``62-210.200'' and ``62-
210.300'' and
0
b. Under Chapter 62-252 revising entries for ``62-252.200'', ``62-
252.300'', ``62-252.400'' and ``62-252.500'' and
0
c. Under Chapter 62-296, revising entry for ``62-296-509'' and
0
d. Under Chapter 62-210, adding entries for ``62-210.310'' and ``62-
210.920'' and
0
e. Under Chapter 62-296, adding the entry for ``62-296.418'' to read as
follows:

Sec.  52.520  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Florida Regulations
----------------------------------------------------------------------------------------------------------------
                                                    State        EPA approval
       State citation          Title/subject   effective date        date                  Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                             Chapter 62-210 Stationary Sources--General Requirements
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
62-210.200.................  Definitions.....        9/4/2006  June 1, 2009.
                                                                [Insert
                                                                citation of
                                                                publication].

                                                  * * * * * * *
62-210.300.................  Permits Required        9/4/2006  June 1, 2009.
                                                                [Insert
                                                                citation of
                                                                publication].
62-210.310.................  Air General             9/4/2006  June 1, 2009.
                              Permits.                          [Insert
                                                                citation of
                                                                publication].

                                                  * * * * * * *
62-210.920.................  Air General             9/4/2006  June 1, 2009.
                              Permit Forms.                     [Insert
                                                                citation of
                                                                publication].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                      Chapter 62-252 Gasoline Vapor Control
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
62-252.200.................  Definitions.....        9/4/2006  June 1, 2009.
                                                                [Insert
                                                                citation of
                                                                publication].
62-252.300.................  Gasoline                9/4/2006  June 1, 2009.
                              Dispensing                        [Insert
                              Facilities-                       citation of
                              Stage I Vapor                     publication].
                              Recovery.
62-252.400.................  Gasoline                9/4/2006  June 1, 2009.
                              Dispensing                        [Insert
                              Facilities-                       citation of
                              Stage II Vapor                    publication].
                              Recovery.
62-252.500.................  Gasoline Tanker         9/4/2006  June 1, 2009.
                              Trucks.                           [Insert
                                                                citation of
                                                                publication].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                              Chapter 62-296 Stationary Sources--Emission Standards
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
62-296.418.................  Bulk Gasoline           9/4/2006  June 1, 2009.
                              Plants.                           [Insert
                                                                citation of
                                                                publication].

                                                  * * * * * * *
62-296.509.................  Bulk Gasoline     ..............  June 1, 2009.    Repealed.
                              Plants.                           [Insert
                                                                citation of
                                                                publication].

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

* * * * *
[FR Doc. E9-12575 Filed 5-29-09; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 238 (Friday, December 11, 2015)]
[Notices]
[Pages 76979-76980]
[FR Doc No: 2015-31184]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9939-86-OARM]

Request for Nominations to the National Advisory Council for
Environmental Policy and Technology (NACEPT)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for nominations.

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

SUMMARY: The Environmental Protection Agency (EPA) invites nominations
to fill vacancies on its National Advisory Council for Environmental
Policy and Technology (NACEPT). The Agency seeks nominees from a
diverse range of qualified candidates representing the following
sectors: Academia; state, local, and tribal governments; business and
industry; and, non-governmental organizations. Potential vacancies are
anticipated to be filled in April, 2016. Sources in addition to this
Federal Register notice may be utilized in the solicitation of
nominees.

DATES: Nomination packages must be emailed or postmarked no later than
January 15, 2016.

ADDRESSES: Nomination packages may be mailed to: Eugene Green,
Designated Federal Officer, Office of Diversity, Advisory Committee
Management, and Outreach, U.S. Environmental Protection Agency (1601M),
1200 Pennsylvania Avenue NW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Eugene Green, Designated Federal
Officer, U.S. EPA; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Background: The National Advisory Council for Environmental Policy
and Technology (NACEPT) is a federal advisory committee chartered under
the Federal Advisory Committee Act (FACA), Public Law 92-463. EPA
established NACEPT in 1988 to provide advice to the EPA Administrator
on a broad range of environmental policy, management and technology
issues. Members serve as representatives from academia, industry, non-
governmental organizations, and state, local, and tribal governments.
Members are appointed by the EPA Administrator for two year terms. The
Council usually meets 2-3 times annually face-to-face or via video/
teleconference and the average workload for the members is
approximately 10 to 15 hours per month. Members serve on the Council in
a voluntary capacity. However, EPA provides reimbursement for travel
and incidental expenses associated with official government business.
EPA is seeking nominations from candidates representing all sectors
noted above. Within these sectors, EPA is seeking nominees with a
strong background in citizen science, crowd source monitoring and
technologies, community sustainability, environmental justice and
economic initiatives, ecology and biodiversity, public health, social
science, and environmental policy and management.
    Nominees will be considered according to the mandates of the
Federal Advisory Committee Act (FACA), which requires committees to
maintain diversity across a broad range of constituencies, sectors,
groups, and geographical locations. EPA values and welcomes diversity.
In an effort to obtain nominations of diverse candidates, EPA
encourages nominations from women and men of all racial and ethnic
groups, as well as persons with disabilities. Please note that
interested candidates may self-nominate.
    The following criteria will be used to evaluate nominees:

--Professional knowledge of environmental policy, management, and
technology issues, particularly issues dealing with all facets of
citizen science.
--Demonstrated ability to assess and analyze environmental challenges
with objectivity and integrity.
--Middle/Senior-level leadership experience that fills a current need
on the Council.
--Excellent interpersonal, oral and written communication skills, and
consensus-building skills.
--Ability to volunteer approximately 10 to 15 hours per month to the
Council's activities, including participation in face-to-face meetings,
video/teleconference meetings and preparation of documents for the
Council's reports and advice letters.

    EPA's policy is that, unless otherwise prescribed by statute,
members generally are appointed to two year terms.
    Prospective candidates interested in being considered for an
appointment to serve on the Council, should submit the following items
to process your nomination package: Nomination packages must include a
brief statement of interest, resume, or curriculum vitae, and a short
biography (no more than two paragraphs) describing your professional
and educational qualifications, including a list of relevant activities
and any current or previous service on advisory

committees. The statement of interest, resume, curriculum vitae, and
short biography should include the candidate's full name, name and
address of current organization, position title, email address, and
daytime telephone number(s).
    In preparing your statement of interest, please describe how your
background, knowledge, and experience will bring value to the work of
the committee, and how these qualifications would contribute to the
overall diversity of the Council. Also, be sure to describe any
previous involvement with the Agency through employment, grant funding
and/or contracting sources.
    To help the Agency in evaluating the effectiveness of its outreach
efforts, also tell us how you learned of this opportunity in your
statement of interest (cover letter). Please be aware that EPA's policy
is that candidates representing academia and tribal governments/
communities must also provide a letter from the entity, authorizing the
nominee to represent the points of view as demonstrated by that
specific entity or group (such as a college/university or tribal
government/community) that has an interest in the subject matter under
the committee's charge.
    Anyone interested in being considered for nomination is encouraged
to submit a nomination (application) package by the submission deadline
on January 15, 2016. Nomination packages may be mailed to: Eugene
Green, Designated Federal Officer, Office of Diversity, Advisory
Committee Management, and Outreach, U.S. Environmental Protection
Agency (1601M), 1200 Pennsylvania Avenue NW., Washington, DC 20460.
    To expedite the process, it is preferable to submit the nomination
package with the required information/documents electronically to
<EMAIL_ADDRESS>Please reference: ``NACEPT 2016 Membership
Nomination Package for (candidate's name)'' in the subject line.

    Dated: December 1, 2015.
Eugene Green,
Designated Federal Officer.
[FR Doc. 2015-31184 Filed 12-10-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: October 11, 2006 (Volume 71, Number 196)]
[Notices]
[Page 59781-59783]
[DOCID:fr11oc06-87]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0821; FRL-8098-1]

Notice of Filing of Pesticide Petitions for Establishment or
Amendment to Regulations for Residues of Buprofezin in or on Various
Commodities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the initial filing of pesticide
petitions proposing the establishment or amendment of regulations for
residues of pesticide chemicals in or on various commodities.

DATES: Comments must be received on or before November 13, 2006.

ADDRESSES:  Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2006-0821 and pesticide petition number (PP
5E6979, PP 5E6980, or PP 5E6981), by one of the following methods:
     Federal eRulemaking Portal:  http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Public Regulatory
Docket (7502P),

Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001.
     Delivery: OPP Public Regulatory Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Drive, Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2006-0821. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The Federal regulations.gov website is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
regulations.gov, your e-mail address will be automatically captured and
included as part of the comment that is placed in the docket and made
available on the Internet. If you submit an electronic comment, EPA
recommends that you include your name and other contact information in
the body of your comment and with any disk or CD-ROM you submit. If EPA
cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index.
Although listed in the index, some information is not publicly
available, e.g., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either in the electronic docket at http://www.regulations.gov
, or, if only available in hard copy, at the OPP

Public Regulatory Docket in Rm. S-4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Drive, Arlington, VA. The hours of operation of this
Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket telephone number is (703) 305-
5805.

FOR FURTHER INFORMATION CONTACT:  Barbara Madden, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

     1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
     2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. What Action is the Agency Taking?

    EPA is printing a summary of each pesticide petition received under
section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21
U.S.C. 346a, proposing the establishment or amendment of regulations in
40 CFR part 180 for residues of pesticide chemicals in or on various
food commodities. EPA has determined that this pesticide petition
contains data or information regarding the elements set forth in FFDCA
section 408(d)(2); however, EPA has not fully evaluated the sufficiency
of the submitted data at this time or whether the data support granting
of the pesticide petition. Additional data may be needed before EPA
rules on this pesticide petition.
    Pursuant to 40 CFR 180.7(f), a summary of the petition included in
this notice, prepared by the petitioner along with a description of the
analytical method available for the detection and measurement of the
pesticide chemical residues is available on EPA's Electronic Docket at
http://www.regulations.gov. To locate this information on the home page

of EPA's Electronic Docket, select ``Quick Search'' and type the OPP
docket ID number. Once the search has located the docket, clicking on
the ``Docket ID'' will bring up a list of all

documents in the docket for the pesticide including the petition
summary.

New Tolerances

    1. PP 5E6979. Interregional Research Project 4 (IR-4),
Rutgers, The State University of New Jersey,500 College Road East,
Suite 201 W, Princeton, NJ 08540, proposes to establish a tolerance for
residues of the insecticide buprofezin (2-[(1,1-
dimethylethyl)imino]tetrahydro-3-(1-methylethyl)-5- phenyl-4H-1,3,5-
thiadiazin-4-one) in or on food commodities fruit, stone, group 12
(except peaches and nectarines) at 2.0 parts per million (ppm).
    2.  PP 5E6980. Interregional Research Project 4 (IR-4),
Rutgers, The State University of New Jersey, 500 College Road East,
Suite 201 W, Princeton, NJ 08540, proposes to establish a tolerance for
residues of the insecticide buprofezin (2-[(1,1-
dimethylethyl)imino]tetrahydro-3-(1-methylethyl)-5- phenyl-4H-1,3,5-
thiadiazin-4-one) in or on food commodities black sapote, canistel,
mamey sapote, mango, papaya, sapodilla, and star apple, at 0.80 ppm.

Amendment to Existing Tolerances

    PP 5E6981. Interregional Research Project 4 (IR-4),
Rutgers, The State University of New Jersey, 500 College Road East,
Suite 201 W, Princeton, NJ, proposes to amend the tolerances in 40 CFR
180.511 for residues of the insecticide buprofezin (2-[(1,1-
dimethylethyl)imino]tetrahydro-3-(1-methylethyl)-5- phenyl-4H-1,3,5-
thiadiazin-4-one) in or on the food commodities grapes at 0.80 ppm and
grape, raisin at 1.2 ppm.
For all three petitions (PP 5E6979, 5E6980 and 5E6981) the analytical
method of gas chromatography using nitrogen phosphorous detection is
used to measure and evaluate the chemical residue(s).

List of Subjects

    Environmental protection, Agricultural commodities, Feed additives,
Food additives, Pesticides and pests, Reporting and recordkeeping
requirements.

    Dated: September 28, 2006.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

[FR Doc. E6-16690 Filed 10-10-06; 8:45 am]

BILLING CODE 6560-50-S


UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on March 3, 2006

NOTICE OF ACTION TAKEN -- DOCKETS OST-2004-19148

				                                  OST-2005-22464

________________________________________________________________________
______________________________________________

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 UNITED AIR LINES, INC.  filed 11/22/2005 for:

XX  Amended exemption under 49 U.S.C. 40109 in Docket OST-2004-19148 to
permit United to display its designator code on flights operated by
Swiss International Air Lines Ltd. d/b/a Swiss on the following
services:

Scheduled foreign air transportation of persons, property, and mail
between points in the United States and points worldwide on a
third-country code-share basis pursuant to the blanket code-share
statement of authorization approved by the Department in Docket
OST-2005-22464 under which United’s UA code designator is displayed on
flights operated by Swiss.

United also requests route integration authority to combine this
exemption authority with its existing certificate and exemption
authority as permitted under applicable bilateral agreements.  United
requests that the amended exemption authority be granted for a period
co-extensive with the exemption granted previously to United on January
24, 2005, in Docket OST-2004-19148 (i.e. through January 24, 2007)

Applicant reps:   Jeffrey A. Manley<PHONE_NUMBER>    DOT Analyst:
Gerald Caolo<PHONE_NUMBER>

D I S P O S I T I O N

XX  Granted (subject to conditions, see below)

The above action was effective when taken: March 3, 2006, through
January 24, 2007.

Action taken by:   Paul L. Gretch, Director

		      Office of International Aviation

XX   The authority granted is consistent with the aviation agreement
between the United States and Switzerland.

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  Conditions attached to the relevant blanket statement of
authorizations

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

Conditions:  The route integration authority granted is subject to the
following conditions:

United is subject to the condition that any service provided under this
exemption shall be consistent with all applicable agreements between the
United States and the foreign countries involved.  Furthermore, (a)
nothing in the award of the route integration authority granted should
be construed as conferring upon United rights (including fifth-freedom
intermediate and/or beyond rights) to serve markets where U.S. carrier
entry is limited unless United 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; (b) should there be a
request by any carrier to use the limited-entry route rights that are
included in United’s authority by virtue of the route integration
exemption granted here, but that are not then being used by United, the
holding of such authority by route integration will not be considered as
providing any preference for United in a competitive carrier selection
proceeding to determine which carrier(s) should be entitled to use the
authority at issue.

We note that United has conducted a safety audit of Swiss under the
Department’s Code-Share Safety Audit Program, and the FAA has advised
that it has reviewed the relevant audit program and found the program to
be acceptable.

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

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
Dockets.  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:

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

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier
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 all applicable requirements of the Federal Aviation
Administration and with all applicable U.S. Government requirements
concerning security, including, but not limited to, 49 CFR Part 1544.
To assure compliance with all applicable U.S. Government requirements
concerning security, the holder shall, before commencing any new service
(including charter flights) to or from a foreign airport, contact its
International Principal Security Inspector (IPSI) to advise the IPSI of
its plans and to find out whether the Transportation Security
Administration has determined that security is adequate to allow such
airport(s) to be served; 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.

05/2004

 See Decision dated October 19,
2〰ⰵ䐠捯敫⁴协ⵔ〲㔰㈭㐲㐶മ

š


[Federal Register: August 18, 2008 (Volume 73, Number 160)]
[Notices]
[Page 48276-48277]
[DOCID:fr18au08-112]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Petition for Waiver of Compliance

    In accordance with Title 49 Code of Federal Regulations (CFR) Sec.
211.41, and 49 U.S.C. 20103, this notice is hereby given that the
Federal Railroad Administration (FRA) has received a request for a
waiver of compliance from certain requirements of its safety
regulations. The individual petition is described below, including the
parties seeking relief, the regulatory provisions involved, the nature
of the relief being sought, and the petitioners' argument in favor of
relief.

Association of American Railroads and The American Short Line and
Regional Railroad Association

[FRA Docket No. FRA-2008-0092]

    On August 6, 2008, the Association of American Railroads (AAR) and
The American Short Line and Regional Railroad Association (ASLRRA)
jointly

filed a waiver request seeking to delay the August 25, 2008
implementation date of amendments to Title 49, CFR, Sec.  40.67, which
was issued by the Department of Transportation (DOT) on June 25, 2008
(73 FR 35961). Part 40 is incorporated by reference in Sec.  219.701 of
Title 49, CFR, Part 219, Control of Drug and Alcohol Use in Railroad
Operations. The amendments to Sec.  40.67 apply to drug tests where a
direct observation of the urine collection is required (e.g., the
employee presented a cold specimen at the collection site; had an
invalid test result without a legitimate medical reason; had a positive
or adulterated test result which had to be cancelled because the
required test of the employee's split specimen could not be performed;
or had a prior positive or refusal to test and was subject to return-
to-duty and follow-up testing).
    As amended, Sec.  40.67 will require an employee to raise his/her
shirt and lower his/her pants and undergarments to show an observer
that he or she does not have a prosthetic device which could be used to
affect the validity of the test; the direct observer must be of the
same gender as the employee because of privacy concerns. In their
petition, the AAR and ASLRRA state that the railroad industry is
comprised mainly of male employees, while the majority of their current
contract collectors are female, and that they need additional time to
arrange for more male contract collectors and to complete training on
the new direct observation procedures.
    For the reasons stated above, the petitioners ask FRA to waive
until November 1, 2008, Sec.  219.701's incorporation by reference of
Part 40 to the extent that it incorporates Sec.  40.67's new
requirements for directly observed collections. Although the specific
relief requested is a waiver of Part 219's incorporation of the August
25, 2008 effective date of Sec.  40.67 as applied to return-to-duty and
follow-up tests, the petitioners elsewhere state that their purpose is
to seek ``a delay in the effective date until November 1, 2008, for
amendments to 49 CFR 40.67 issued by the Department of Transportation
on June 25, 2008.'' FRA therefore infers that petitioners are also
seeking to defer the effective date of Part 219's incorporation of
Sec.  40.67 as applied to mandatory direct observations triggered by
employee behavior at the collection site. The petitioner also requests
that DOT and the FRA reassess whether the new direct observation
requirements are necessary, by monitoring observed drug tests over the
next two years.
    The petitioners have sent a very similar petition to the Office of
the Secretary of Transportation (OST). Both petitions focus on portions
of the direct observation provisions of 49 CFR Part 40, an OST
regulation applicable to all DOT agencies having drug testing programs,
making parallel arguments concerning these provisions. FRA will fully
coordinate its response to the petition sent to FRA with OST's response
to the petitions sent to OST, and FRA's response will be consistent
with that of OST with respect to the issues involved.
    Comments should reference Docket No. FRA 2008-0092, and may be
submitted by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Management Facility, U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
     Hand Delivery or Courier: Docket Management Facility, U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m.
ET, Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
    All documents in the public docket, including the AAR/ASLRRA joint
waiver request and all comments received, will be posted without change
to http://www.regulations.gov, including any personal information
provided. Because of the necessity for expedited processing of this
petition, FRA does not anticipate scheduling a public hearing in
connection with this request for a waiver of certain regulatory
provisions. Communications received by Aug. 21, 2008 will be considered
by FRA before final action is taken. Comments received after that date
will be considered as far as practicable.
    For access to the docket, go to http://www.regulations.gov anytime,
or to the Docket Management Facility, U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m. ET,
Monday through Friday, except Federal holidays. Follow the online
instructions for accessing the dockets, where you may also review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78).

    Issued in Washington, DC on August 12, 2008.
Michael J. Logue,
Deputy Associate Administrator for Safety Compliance and Program
Implementation.
[FR Doc. E8-19037 Filed 8-15-08; 8:45 am]

BILLING CODE 4910-06-P