[Federal Register Volume 76, Number 104 (Tuesday, May 31, 2011)]
[Proposed Rules]
[Pages 31279-31282]
[FR Doc No: 2011-13035]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 383 and 390

[Docket No. FMCSA-2011-0146]

Regulatory Guidance: Applicability of the Federal Motor Carrier
Safety Regulations to Operators of Certain Farm Vehicles and Off-Road
Agricultural Equipment

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

ACTION: Notice; request for public comment.

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SUMMARY: FMCSA requests public comment on: (1) Previously published
regulatory guidance on the distinction between interstate and
intrastate commerce in deciding whether operations of commercial motor
vehicles within the boundaries of a single State are subject to the
Federal Motor Carrier Safety Regulations (FMCSRs); (2) the factors the
States are using in deciding whether farm vehicle drivers transporting
agricultural commodities, farm supplies and equipment as part of a crop
share agreement are subject to the commercial driver's license
regulations; and (3) proposed guidance to determine whether off-road
farm equipment or implements of husbandry operated on public roads for
limited distances are considered commercial motor vehicles. The
guidance would be used to help ensure uniform application of the safety
regulations by enforcement personnel, motor carriers and commercial
motor vehicle drivers.

DATES: Comments must be received on or before June 30, 2011.

ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2011-0146 by any of the following
methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility, (M-30), U.S. Department
of Transportation (DOT), 1200 New Jersey Avenue, SE., West Building,
Ground Floor, Room 12-140, Washington, DC 20590-0001.
     Hand Delivery: Same as mail address above, between 9 a.m.
and 5 p.m., ET, Monday through Friday, except Federal holidays. The
telephone number is<PHONE_NUMBER>.

To avoid duplication, please use only one of these four methods. All
submissions must include the Agency name and docket number for this
notice. See the ``Public Participation'' heading below for instructions
on submitting comments and additional information.

    Note that all comments received, including any personal information
provided, will be posted without change to http://www.regulations.gov.
Please see the ``Privacy Act'' heading below.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov at any time or to
Room W12-140 on the ground floor of the DOT Headquarters Building at
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., ET, Monday through Friday, except Federal holidays.
    Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
Privacy Act System of Records Notice for the DOT Federal Docket
Management System published in the Federal Register on January 17, 2008
(73 FR 3316), or you may visit http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.
    Public Participation: The http://www.regulations.gov Web site is
generally available 24 hours each day, 365 days each year. You can get
electronic submission and retrieval help

and guidelines under the ``help'' section of the http://www.regulations.gov Web site. Comments received after the comment
closing date will be included in the docket, and will be considered to
the extent practicable.

FOR FURTHER INFORMATION CONTACT: Thomas L. Yager, Chief, Driver and
Carrier Operations Division, Office of Bus and Truck Standards and
Operations, Federal Motor Carrier Safety Administration, 1200 New
Jersey Ave., SE., Washington, DC 20590.
    E-mail<EMAIL_ADDRESS>Phone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Legal Basis

    The Motor Carrier Act of 1935 (Pub. L. 74-255, 49 Stat. 543, August
9, 1935) (1935 Act) provides that the Secretary of Transportation may
prescribe requirements for (1) qualifications and maximum hours of
service of employees of, and safety of operation and equipment of, a
motor carrier; and (2) qualifications and maximum hours of service of
employees of, and standards of equipment of, a motor private carrier,
when needed to promote safety of operation (49 U.S.C. 31502(b)).
    The Motor Carrier Safety Act of 1984 (Pub. L. 98-554, Title II, 98
Stat. 2832, October 30, 1984) (1984 Act) provides concurrent authority
to regulate drivers, motor carriers, and vehicle equipment. It requires
the Secretary of Transportation to prescribe regulations that ensure
that: (1) Commercial motor vehicles (CMVs) are maintained, equipped,
loaded, and operated safely; (2) the responsibilities imposed on
operators of CMVs do not impair their ability to operate the vehicles
safely; (3) the physical condition of operators of CMVs is adequate to
enable them to operate the vehicles safely; and (4) the operation of
CMVs does not have a deleterious effect on the physical condition of
the operators (49 U.S.C. 31136(a)). Section 211 of the 1984 Act also
grants the Secretary broad power in carrying out motor carrier safety
statutes and regulations to ``prescribe recordkeeping and reporting
requirements'' and to ``perform other acts the Secretary considers
appropriate'' (49 U.S.C. 31133(a)(8) and (10), respectively).
    The Commercial Motor Vehicle Safety Act of 1986 (Pub. L. 99-570,
Title XII, 100 Stat. 3207-170, October 27, 1986) (1986 Act) directs the
Secretary of Transportation to prescribe regulations on minimum
standards for testing and ensuring the fitness of an individual
operating a commercial motor vehicle (49 U.S.C. 31305(a)). The States
must use those standards in issuing commercial driver's licenses
(CDLs).
    The FMCSA Administrator has been delegated authority under 49 CFR
1.73(L), (g), and (e)(1) to carry out the functions vested in the
Secretary of Transportation by the 1935 Act, the 1984 Act, and the 1986
Act, respectively.

Background

    The Federal Motor Carrier Safety Regulations (FMCSRs) (49 CFR parts
350-399) include several exceptions for agricultural operations. The
FMCSA recently received inquiries about the applicability of these
exceptions. As a result, the Agency has identified three issues that
could benefit from clarification. First, how does one distinguish
between intra- and interstate commerce when a CMV is operated within
the boundaries of a single State? Second, should the Agency distinguish
between indirect and direct compensation in deciding whether a farm
vehicle driver is eligible for the exception to the CDL requirements in
49 CFR 383.3(d)(1)? Third, should implements of husbandry and other
farm equipment be considered CMVs?

Distinguishing Between Intra- and Interstate Commerce

    Most of the Agency's safety regulations, such as those in 49 CFR
parts 390 through 399, are only applicable to the operation of CMVs, as
defined in 49 CFR 390.5, in interstate commerce. The Federal courts
have generated a large body of case law on the distinction between
intra- and interstate commerce. The FMCSA's regulatory guidance on this
issue is largely controlled by those decisions. The most recent
guidance on this question involves 49 CFR 390.3, General
applicability.\1\
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    \1\ Like most of the guidance posted on the Agency's Web site,
this guidance was published by the Federal Highway Administration's
Office of Motor Carriers, the predecessor to FMCSA, on April 4, 1997
(62 FR 16369, 16404).
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    Question 6: How does one distinguish between intra- and interstate
commerce for the purpose of applicability of the FMCSRs?
    Guidance: Interstate commerce is determined by the essential
character of the movement, manifested by the shipper's fixed and
persistent intent at the time of shipment, and is ascertained from all
of the facts and circumstances surrounding the transportation. When the
intent of the transportation being performed is interstate in nature,
even when the route is within the boundaries of a single State, the
driver and CMV are subject to the FMCSRs.
    While this guidance remains correct, FHWA's 1975 interpretations
offered more detailed agricultural scenarios that can be helpful in
understanding the distinction between intra- and interstate commerce.
    For example, in one of the scenarios, grain is transported from
farms to an elevator in the same State. Although no truckload or
shipment is earmarked for any particular out-of-State purchaser, all of
the grain is intended to be shipped to points outside the State. The
grain is graded, tested, and blended at the elevator and then shipped
to out-of-State points during the year following harvest. Under this
scenario, the movement of the grain to the elevators is considered
interstate commerce (40 FR 50671, 50674; October 31, 1975; copy in
docket). Here, the intent of the farmers (whether or not explicitly
articulated) was to have their grain shipped out of the State of origin
in order to obtain the best price. The grain therefore remained in the
stream of interstate commerce until it reached its destination.
    Another example from the 1975 interpretations discusses transit
arrangements. When it is the intent that shipments originating in a
State move to a point in that State for a transit service, and then
move to points outside the State, or the reverse, the intra-State
portion to or from the transit point is considered interstate commerce.
Many of the 1975 interpretations are based on Motor Carrier Cases of
the Interstate Commerce Commission (ICC). The Federal courts have
largely ratified the positions taken by the ICC. A copy of the relevant
Motor Carrier Cases referenced in the 1975 notice is included in the
docket. When the motor carrier safety functions of the ICC were
transferred to the U.S. Department of Transportation's FHWA in the late
1960s, FHWA relied upon the ICC's Motor Carrier Cases to ensure
effective implementation of the motor carrier safety program at the
U.S. Department of Transportation.
    The FMCSA believes the 1975 and 1997 Federal Register notices
provide helpful information for enforcement officials and motor
carriers. The Agency requests public comment on whether additional
guidance or information is needed to clarify the distinction between
intra- and interstate commerce in the agricultural industry. If you
believe it is needed, please describe scenarios that would benefit from
further discussion.

Applicability of the Commercial Driver's License (CDL) Rules to Farm
Vehicle Drivers Operating Under a Crop Share Farm Lease Agreement

    Under the Agency's CDL regulations, persons who operate a CMV, as
defined in 49 CFR 383.5, in interstate or intrastate commerce are
required to have a CDL. However, a limited exception is provided for
drivers of farm vehicles (49 CFR 383.3(d)(1)). A State may, at its
discretion, exempt drivers of farm vehicles that are:
    (1) Controlled and operated by a farmer, including operation by
employees or family members;
    (2) Used to transport agricultural products, farm machinery or farm
supplies to or from a farm;
    (3) Not used in the operations of a common or contract motor
carrier; and
    (4) Used within 241 kilometers (150 miles) of the farmer's farm.
    The exception is limited to the driver's home State unless there is
a reciprocity agreement with adjoining States.
    It has come to FMCSA's attention that States may be taking varied
approaches in interpreting the meaning of ``common or contract motor
carrier'' as it relates to farm vehicle drivers operating under a crop
share agreement and, as a result, may be applying the CDL exception
inconsistently.
    As background, it is the Agency's understanding that in a crop
share arrangement, land owners generally rent out or lease their farm
land to a tenant. The tenant agrees to pay the landlord a share of the
crops grown on the leased lands as rent. This rent, i.e., a portion of
the crops, may be paid in a series of installment payments. The parties
agree that each will provide certain items of equipment, materials, and
labor, and pay a share of the expenses to run the farming operations.
The tenant agrees to use the land for agricultural purposes only, and
to farm the land in accordance with proper farming practices. The
parties will share in the decision making and management of the farming
operations to the extent set out in the lease. The landlord has a lien
on the crops as security for the rent payable under the lease. In most
cases, it appears that the share cropper transports the landlord's
portion of the crops to market in his or her own CMV and is indirectly
and implicitly compensated for this service in the form of a reduction
in the landlord's share in the crops produced.
    The FMCSA believes that the reference to ``operations of a common
or contract carrier'' in the CDL exception (49 CFR 383.3(d)(1)(iii)) is
clear. Given the information FMCSA has received about the varied
interpretations of this phrase as it relates to crop share
arrangements, however, it acknowledges that there may be uncertainty
about how the phrase applies in the context of a crop share
arrangement.
    As a result, FMCSA requests public comment on this issue.
Specifically, FMCSA seeks information on the following questions:
     How many States have exercised the discretion provided by
49 CFR 383.3(d)(1) to include in their State CDL regulations an
exception for farm vehicle drivers?
     For States that have opted to include the farm vehicle
exception in their State CDL laws and regulations, how are States
interpreting the CDL regulations as they relate to farm vehicle drivers
working in a crop share agreement?
     Do these States construe these regulations to make farm
vehicle drivers working in a crop share agreement contract carriers?
     If so, what evidence are States reviewing to make the
determination that a farm vehicle driver working in a crop share
agreement is or is not operating as a contract carrier?
     Is the Agency's understanding of the crop share agreement
accurate?
     What types of compensation arrangements exist between farm
vehicle operators providing transportation services as part of a crop
share agreement and their landlords?

Implements of Husbandry

    This third issue arises from the fact that while a number of States
exempt ``implements of husbandry'' from their vehicle safety
regulations, there is no single, uniform definition of the term.
    For example, one State defines an implement of husbandry as farm
equipment that is equipped with pneumatic tires, infrequently operated
or moved on highways and used for the benefit of the farmer's
agricultural operations to perform agricultural production or harvest
activities or transport agricultural products or agricultural supplies.
Implements of husbandry can also be earthmoving equipment used in
farming operations. Farm tractors and combines are typical examples of
what would be considered to be implements of husbandry.
    Another State's regulations explain that implements of husbandry
include farm implements, machinery and tools, as used in tilling the
soil, including self-propelled machinery specifically designed or
adapted for applying plant food materials or agricultural chemicals but
not ``designed or adapted for the sole purpose of transporting the
materials or chemicals.'' The State provides a list of examples:
Subsoilers, dozers (provided they are for farm use), cultivators, farm
tractors, reapers, binders, combines, cotton module builders, planters,
and discs. In this example, the State's rules explain that implements
of husbandry do not include automobiles, trucks, or items used on the
farm such as irrigation systems, silos, barns, etc.
    The FMCSA believes the experience of State agencies in dealing with
implements of husbandry suggests that FMCSA should consider new
regulatory guidance to emphasize a practical approach for applying the
safety requirements under 49 CFR parts 390-399 to agriculture, rather
than one derived from strict, literal readings of the definitions of
``commercial motor vehicle'' and ``motor vehicle'' under 49 CFR 390.5.
Based on those definitions, almost any type of self-propelled or towed
motor vehicle used on a highway in interstate commerce is subject to
the FMCSRs if the threshold for weight, passenger-carrying capacity, or
amount of hazardous materials is reached. This is especially the case
when the definition of ``motor vehicle'' is considered, which includes
``any vehicle, machine, tractor, trailer, or semitrailer propelled or
drawn by mechanical power and used upon the highways. * * *'' (See 49
CFR 390.5) A narrowly literal reading would mean applying the rules in
circumstances where they would be impractical and produce no
discernible safety benefits.
    The FMCSA provides an example of a practical alternative approach
in the existing regulatory guidance concerning off-road construction
equipment. Questions 6 and 7 from 49 CFR 383.3 and Questions 7 and 8
for 49 CFR 390.5 from the 1997 Federal Register notice (62 FR 16369,
16406) are reprinted below.
    Sec.  383.3 Question 6 and Sec.  390.5 Question 7: Does off-road
motorized construction equipment meet the definitions of ``motor
vehicle'' and ``commercial motor vehicle'' as used in Sec. Sec.  383.5
and 390.5?
    Guidance: No. Off-road motorized construction equipment is outside
the scope of these definitions: (1) When operated at construction
sites; and (2) when operated on a public road open to unrestricted
public travel, provided the equipment is not used in furtherance of a
transportation purpose. Occasionally driving such equipment on a public
road to reach or leave a construction site does not amount to
furtherance of a transportation purpose. Since construction equipment
is not designed

to operate in traffic, it should be accompanied by escort vehicles or
in some other way separated from the public traffic. This equipment may
also be subject to State or local permit requirements with regard to
escort vehicles, special markings, time of day, day of the week, and/or
the specific route.
    Sec.  383.3 Question 7 and Sec.  390.5 Question 8: What types of
equipment are included in the category of off-road motorized
construction equipment?
    Guidance: The definition of off-road motorized construction
equipment is to be narrowly construed and limited to equipment which,
by its design and function is obviously not intended for use, nor is it
used on a public road in furtherance of a transportation purpose.
Examples of such equipment include motor scrapers, backhoes, motor
graders, compactors, tractors, trenchers, bulldozers and railroad track
maintenance cranes.
    The FMCSA proposes to issue new regulatory guidance to address
implements of husbandry, consistent with the approach used for off-road
motorized construction equipment. The Agency requests public comment on
this issue and the following proposal. Specifically, the Agency
requests comments on whether there are specific examples of implements
of husbandry that should be included in the guidance to assist the
enforcement community and the industry in achieving a common
understanding of how to apply the safety regulations.

Proposed Regulatory Guidance: Applicability of the FMCSRs to Implements
of Husbandry

Sec.  383.5 Question 13 and Sec.  390.5 Question 33

    Question: Do implements of husbandry meet the definitions of
``commercial motor vehicle'' as used in 49 CFR 383.5 and 390.5?
    Guidance: No. Implements of husbandry are outside the scope of
these definitions when operated: (1) At a farm; or (2) on a public road
open to unrestricted public travel, provided the equipment is not
designed or used to travel at normal highway speeds in the stream of
traffic. This equipment, however, must be operated in accordance with
State and local safety laws and regulations as required by 49 CFR 392.2
and may be subject to State or local permit requirements with regard to
escort vehicles, special markings, time of day, day of the week, and/or
the specific route.
    Question: What types of equipment are included in the category of
implements of husbandry?
    Guidance: The term implements of husbandry should be narrowly
construed and limited to equipment which, by its design and function is
obviously not designed or used to travel at normal highway speeds in
the stream of traffic. Examples of such equipment include, but are not
limited to, farm tractors, subsoilers, cultivators, reapers, binders,
combines, cotton module builders, planters, and discs.

Request for Comments

    FMCSA requests public comment on: (1) The distinction between
interstate and intrastate commerce in making the determination whether
certain transportation by CMVs, within the boundaries of a single
State, is subject to the FMCSRs; (2) the relevance of the distinction
between direct and indirect compensation in deciding whether certain
farm vehicle drivers working under a crop share arrangement are subject
to the Agency's CDL regulations; and, (3) the determination whether
certain off-road farm equipment and implements of husbandry operated on
public roads for limited distances should be considered CMVs and
subject to the Agency's vehicle safety equipment regulations.
    The Agency will consider all comments received by close of business
on June 30, 2011. Comments will be available for examination in the
docket at the location listed under the ``Addresses'' section of this
notice. The Agency will consider to the extent practicable comments
received in the public docket after the closing date of the comment
period.

    Issued on: May 20, 2011.
Anne S. Ferro,
Administrator.
[FR Doc. 2011-13035 Filed 5-27-11; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 86, Number 97 (Friday, May 21, 2021)]
[Notices]
[Page 27671]
[FR Doc No: 2021-10726]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2021-0053]

Petition for Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this
document provides the public notice that on May 4, 2021, Durbin &
Greenbrier Valley Railroad, Inc. (DGVR) petitioned the Federal Railroad
Administration (FRA) for a waiver of compliance from certain provisions
of the Federal railroad safety regulations contained at 49 CFR parts
215, Railroad Freight Car Safety Standards, and 223, Safety Glazing
Standards--Locomotives, Passenger Cars and Cabooses. FRA assigned the
petition Docket Number FRA-2021-0053.
    Specifically, DGVR requests relief from 49 CFR 215.203, Restricted
cars; 215.303, Stenciling of maintenance-of-way equipment; and part
223, for eleven overage cars: Ten cabooses and one camp car. The relief
is requested as the cars will be operated on the Cass Subdivision and
the soon-to-be-reopened Greenbrier Subdivision and used to re-create
historical scenes. DGVR states they will not be used in commercial
freight or interchange service.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment and a public hearing, they
should notify FRA, in writing, before the end of the comment period and
specify the basis for their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Website: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation (DOT), 1200 New Jersey Ave. SE, W12-140, Washington, DC
20590.
    Communications received by July 6, 2021 will be considered by FRA
before final action is taken. Comments received after that date will be
considered if practicable. Anyone can search the electronic form of any
written communications and comments received into any of our dockets by
the name of the individual submitting the comment (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). Under 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its processes. DOT posts these comments,
without edit, including any personal information the commenter
provides, to www.regulations.gov, as described in the system of records
notice (DOT/ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacy-notice for the privacy notice of regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety Chief Safety Officer.
[FR Doc. 2021-10726 Filed 5-20-21; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 78, Number 187 (Thursday, September 26, 2013)]
[Rules and Regulations]
[Pages 59231-59234]
[FR Doc No: 2013-22902]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2013-0705]
RIN 1625-AA11

Regulated Navigation Area--Tappan Zee Bridge Construction
Project, Hudson River; South Nyack and Tarrytown, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule with request for comments.

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SUMMARY: The Coast Guard is establishing a regulated navigation area
(RNA) on the navigable waters of the Hudson River surrounding the
Tappan Zee Bridge. This temporary interim rule allows the Coast Guard
to enforce speed and wake restrictions and prohibit all vessel traffic
through the RNA during bridge replacement operations, both planned and
unforeseen, that could pose an imminent hazard to persons and vessels
operating in the area. This rule is necessary to provide for the safety
of life in the regulated area during the construction of the bridge.

DATES: This rule is effective with actual notice from 5 a.m. on
September 15, 2013 until 11:59 p.m. on December 31, 2018. In compliance
with 5 U.S.C. 552 (a)(1), this rule is effective without actual notice
from the date that it is published in the Federal Register, September
26, 2013 until 11:59 p.m. on December 31, 2018.
    Comments and related material will be accepted and reviewed by the
Coast Guard through December 26, 2013.
    Requests for public meetings must be received by the Coast Guard on
or before October 17, 2013.

ADDRESSES: Documents mentioned in this preamble are part of Docket
Number USCG-2013-0705. To view documents mentioned in this preamble as
being available in the docket, go to http://www.regulations.gov, type
the docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on
``Open Docket Folder'' on the line associated with this rulemaking. You
may also visit the Docket Management Facility in Room W12-140 on the
ground floor of the Department of Transportation West Building, 1200
New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    You may submit comments, identified by docket number, using any one
of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is<PHONE_NUMBER>.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Chief Craig D. Lapiejko, Waterways Management at Coast
Guard First District, telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>or LT Hannah Eko, Coast Guard Sector New
York Waterways Management Division, U.S. Coast Guard; telephone 718-
354-4114, email<EMAIL_ADDRESS>If you have questions on viewing
or submitting material to the docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
RNA Regulated Navigation Area

A. Public Participation and Request for Comments

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

1. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each

comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
type the docket number in the ``SEARCH'' box and click ``SEARCH.''
Click on ``Submit a Comment'' on the line associated with this
rulemaking.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.

2. Viewing Comments and Documents

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

3. Privacy Act

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

4. Public Meeting

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

B. Regulatory History and Information

    The Coast Guard is issuing this temporary interim rule without
prior notice and opportunity to comment pursuant to authority under
section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C.
553(b)). This provision authorizes an agency to issue a rule without
prior notice and opportunity to comment when the agency for good cause
finds that those procedures are ``impracticable, unnecessary, or
contrary to the public interest.'' Under 5 U.S.C. 553(b)(B), the Coast
Guard finds that good cause exists for not publishing a notice of
proposed rulemaking (NPRM) with respect to this rule because publishing
an NPRM would be impracticable. A delay or cancellation of the
currently ongoing bridge rehabilitation project in order to accommodate
a full notice and comment period would delay necessary operations,
result in increased costs, and delay the date when the bridge is
expected to reopen for normal operations. The Coast Guard will consider
comments in issuing a subsequent temporary interim rule or temporary
final rule.
    For the same reasons mentioned above, under 5 U.S.C. 553(d)(3), the
Coast Guard finds that good cause exists for making this rule effective
less than 30 days after publication in the Federal Register.
Construction is scheduled to begin on September 15, 2013, and it is
necessary to have the rule effective by that date.

C. Basis and Purpose

    Under the Ports and Waterways Safety Act, 33 U.S.C. 1221 et. seq.,
and Department of Homeland Security Delegation No. 0170.1, the Coast
Guard has the authority to establish RNAs in defined water areas that
are determined to have hazardous conditions and in which vessel traffic
can be regulated in the interest of safety.
    This rule is prompted by the navigation safety situation created by
the construction of the Tappan Zee Bridge. The Coast Guard has
discussed this project with New York State Thruway Authority and Tappan
Zee Constructors, LLC to determine whether the project can be completed
without channel closures. While the majority of construction activities
during the span of this project will not require waterway closures,
there are certain tasks that can only be completed in the channel and
will require closing the waterway. The construction of the bridge will
be extremely complex and presents many safety hazards including
overhead crane operations, overhead cutting operations, potential
falling debris, and barges positioned in the channel with a restricted
ability to maneuver. At present, New York State Thruway Authority and
Tappan Zee Constructors, LLC has not submitted a plan for waterway
closures.

D. Discussion of the Interim Rule

    The Coast Guard is establishing a RNA on the navigable waters of
the Hudson River surrounding the Tappan Zee Bridge, NY. This RNA allows
the Captain of the Port Sector New York (COTP) to establish speed and
wake restrictions and to prohibit vessel traffic on this portion of the
river for limited periods when necessary for the safety of vessels and
workers during construction work in the channel. The Coast Guard will
enforce a five knot speed limit as well as a ``NO WAKE'' zone and will
be able to close the designated area to all vessel traffic under any
circumstances, planned or unforeseen, that pose an imminent threat to
waterway users or construction operations in the area. Complete
waterway closures will be minimized to that period absolutely necessary
and made with as much advanced notice as possible. During closures,
mariners may request permission from the COTP to transit through the
RNA.
    Entry into, anchoring, or movement within this RNA during a closure
is prohibited unless authorized by the COTP or a designated
representative.
    If the project is completed before December 31, 2018, the COTP will
suspend enforcement of the RNA. The COTP will ensure that any notice of
the suspension of enforcement reaches affected segments of the public
by all appropriate means. Such means of notification could include, but
would not be limited to, Broadcast Notice to Mariners and Local Notice
to Mariners.
    The COTP maintains a telephone line that is staffed 24 hours a day,
seven days a week. The public can obtain information concerning
enforcement of the regulated navigation area by contacting the Coast
Guard Sector New York Command Center at<PHONE_NUMBER>.

E. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    The Coast Guard determined that this rulemaking would not be a
significant regulatory action for the following reasons: Vessel traffic
would only be restricted from the RNA for limited durations and the RNA
covers only a small portion of the navigable waterways. Furthermore,
entry into this RNA during closure may be authorized by the COTP New
York or designated representative.
    Advance public notifications will also be made to local mariners
through appropriate means, which may include but are not limited to
Local Notice to Mariners and Broadcast Notice to Mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    This rule would affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
transit or anchor or moor within the regulated areas during a vessel
restriction period.
    The RNA will not have a significant economic impact on a
substantial number of small entities for the following reasons: The RNA
will be of limited size and any waterway closures will be of short
duration, and entry into this RNA during a closure is possible if the
vessel has Coast Guard authorization. Additionally, before the
effective period of a waterway closure, advanced public notifications
may be made to local mariners through appropriate means, which could
include, but would not be limited to, Local Notice to Mariners and
Broadcast Notice to Mariners
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment(see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

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

5. Federalism

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

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the ``For Further
Information Contact'' section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children From Environmental Health Risks

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

11. Indian Tribal Governments

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

12. Energy Effects

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

13. Technical Standards

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

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves restricting vessel movement within a
regulated navigation area. This rule is categorically excluded from
further review under paragraph 34(g) of Figure 2-1 of the Commandant
Instruction. An environmental analysis checklist and a categorical
exclusion determination supporting this determination are available in
the docket where indicated under ADDRESSES. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this rule.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add Sec.  165.T01-0174 to read as follows:

Sec.  165.T01-0174  Regulated Navigation Area-Tappan Zee Bridge
Construction Project, Hudson River; South Nyack and Tarrytown, NY.

    (a) Boundaries. The following is a regulated navigation area; all
waters north of a line drawn from the following approximate positions:
41[deg]04'17.37'' N, 073[deg]55'13.16'' W on the western shoreline;
thence to 41[deg]04'10.97'' N, 073[deg]55'05.05'' W; thence to
41[deg]04'10.03'' N, 073[deg]55'03.42'' W; thence to 41[deg]04'07.14''
N, 073[deg]54'54.48'' W; thence to 41[deg]04'05.30'' N,
073[deg]54'43.18'' W; thence to 41[deg]04'04.72'' N, 073[deg]52'22.52''
W; thence to 41[deg]04'02.52'' N, 073[deg]52'16.13'' W; thence to
41[deg]03'59.74'' N, 073[deg]52'10.83'' W; thence to a point on the
eastern shoreline at 41[deg]03'54.39'' N, 073[deg]52'03.26'' W; and all
waters south of a line drawn from the following approximate positions:
41[deg]04'34.79'' N, 073[deg]55'03.26'' W on the western shoreline;
thence to 41[deg]04'33.62'' N, 073[deg]55'01.52'' W; thence to
41[deg]04'26.14'' N, 073[deg]54'53.96'' W; thence to 41[deg]04'23.76''
N, 073[deg]54'50.57'' W; thence to 41[deg]04'21.58'' N,
073[deg]54'43.77'' W; thence to 41[deg]04'20.96'' N, 073[deg]52'20.17''
W; thence to 41[deg]04'20.31'' N, 073[deg]52'15.83'' W; thence to
41[deg]04'16.76'' N, 073[deg]52'04.52'' W; thence to a point on the
eastern shoreline at 41[deg]04'13.84'' N, 073[deg]51'59.44'' W.
    (b) Regulations. (1) The general regulations contained in 33 CFR
165.10, 165.11, and 165.13 apply within the RNA.
    (2) In accordance with the general regulations, entry into,
anchoring, or movement within the RNA, during periods of enforcement,
is prohibited unless authorized by the Captain of the Port New York
(COTP) or his on-scene representative. The ``on-scene representative''
of the COTP is any Coast Guard commissioned, warrant or petty officer
who has been designated by the COTP to act on the COTP's behalf. The
on-scene representative may be on a Coast Guard vessel; New York State
Police, or other designated craft; or may be on shore and will
communicate with vessels via VHF-FM radio or loudhailer. Members of the
Coast Guard Auxiliary may be present to inform vessel operators of this
regulation.
    (3) During periods of enforcement, entry and movement within the
RNA is subject to a ``Slow-No Wake'' speed limit. Vessels may not
produce a wake and may not attain speeds greater than five knots unless
a higher minimum speed is necessary to maintain steerageway when
traveling with a strong current. All vessels must proceed through the
area with caution and operate in such a manner as to produce no wake.
    (4) During periods of enforcement, all persons and vessels must
comply with all orders and directions from the COTP or the COTP's on-
scene representative.
    (5) During periods of enforcement, upon being hailed by a Coast
Guard vessel by siren, radio, flashing light or other means, the
operator of the vessel must proceed as directed.
    (6) Vessel operators desiring to enter or operate within the
regulated area when it is closed shall contact the COTP or the on-scene
representative via VHF channel 16 or<PHONE_NUMBER> (Sector New York
Command Center) to obtain permission.
    (7) Notwithstanding anything contained in this section, the Rules
of the Road (33 CFR part 84--Subchapter E, inland navigational rules)
are still in effect and must be strictly adhered to at all times.
    (c) Enforcement Periods. This regulation is enforceable 24 hours a
day from 5:00 a.m. on September 15, 2013 until 11:59 p.m. on December
31, 2018.
    (1) Notice of suspension of enforcement: If enforcement is
suspended, the COTP will cause a notice of the suspension of
enforcement by all appropriate means to be given the widest publicity
among the affected segments of the public. Such means of notification
may include, but are not limited to, Broadcast Notice to Mariners and
Local Notice to Mariners. Such notification will include the date and
time that enforcement is suspended as well as the date and time that
enforcement will resume.
    (2) Violations of this RNA may be reported to the COTP at 718-354-
4353 or on VHF-Channel 16.

    Dated: September 6, 2013.
V.B. Gifford,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard
District.
[FR Doc. 2013-22902 Filed 9-25-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 80, Number 65 (Monday, April 6, 2015)]
[Rules and Regulations]
[Pages 18305-18307]
[FR Doc No: 2015-07713]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.

========================================================================

Federal Register / Vol. 80, No. 65 / Monday, April 6, 2015 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2015-0177; Special Conditions No. 25-579-SC]

Special Conditions: Cessna Aircraft Company Model 680A Airplane,
Pilot-Compartment View Through Hydrophobic Windshield Coatings in Lieu
of Windshield Wipers

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions, request for comment.

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

SUMMARY: These special conditions are issued for the Cessna Model 680A
airplane. This airplane will have a novel or unusual design feature
when compared to the state of technology envisioned in the
airworthiness standards for transport-category airplanes. This design
feature is hydrophobic windshield coatings in lieu of windshield
wipers. The applicable airworthiness regulations do not contain
adequate or appropriate safety standards for this design feature. These
special conditions contain the additional safety standards that the
Administrator considers necessary to establish a level of safety
equivalent to that established by the existing airworthiness standards.

DATES: Effective date: This action is effective on Cessna Aircraft
Company on April 6, 2015. We must receive your comments by May 21,
2015.

ADDRESSES: Send comments identified by docket number FAA-2015-0177
using any of the following methods:
     Federal eRegulations Portal: Go to http://www.regulations.gov/ and follow the online instructions for sending
your comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: The FAA will post all comments it receives, without
change, to http://www.regulations.gov/, including any personal
information the commenter provides. Using the search function of the
docket Web site, anyone can find and read the electronic form of all
comments received into any FAA docket, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov/ gov/.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov/ at any time. Follow the online instructions
for accessing the docket or go to Docket Operations in Room W12-140 of
the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Bob Hettman, ANM-112, Transport
Airplane Directorate, Aircraft Certification Service, 1601 Lind Avenue
SW., Renton, Washington 98057-3356; telephone<PHONE_NUMBER>; facsimile
(425) 227-1149.

SUPPLEMENTARY INFORMATION:

Background

    On January 25, 2012, Cessna Aircraft Company applied for an amended
type certificate for a new Model 680A airplane.
    The Model 680A, a derivative of the Cessna Model 680 airplane
currently approved under type-certificate number T00012WI, is intended
to be a nine-passenger executive airplane with a maximum takeoff weight
of 30,300 pounds and a maximum operating altitude of 45,000 feet. The
Model 680A airplane uses a hydrophobic windshield coating, in lieu of
windshield wipers, for an unobstructed outside view from the pilot
compartment.

Type Certification Basis

    Under the provisions of Title 14, Code of Federal Regulations (14
CFR) 21.101, Cessna Aircraft Company must show that the Model 680A
airplane meets the applicable provisions of the regulations listed in
type-certificate no. T00012WI, or the applicable regulations in effect
on the date of application for the change except for earlier amendments
as agreed upon by the FAA. The regulations listed in the type
certificate are commonly referred to as the ``original type-
certification basis.''
    The certification basis includes certain special conditions,
exemptions, or later amended sections of the applicable part that are
not relevant to these special conditions.
    If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Model 680A airplane because of a
novel or unusual design feature, special conditions are prescribed
under the provisions of Sec.  21.16.
    Special conditions are initially applicable to the model for which
they are issued. Should the type certificate for that model be amended
later to include any other model that incorporates the same novel or
unusual design feature, or should any other model already included on
the same type certificate be modified to incorporate the same or
similar novel or unusual design feature, these special conditions would
also apply to the other model under Sec.  21.101.
    In addition to the applicable airworthiness regulations and special
conditions, the Model 680A airplane must comply with the fuel-vent and
exhaust-emission requirements of part 34, and the noise-certification
requirements of part 36.
    The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec.  11.38, and they become part of the type-
certification basis under Sec.  21.101.

Novel or Unusual Design Features

    The Cessna Model 680A airplane will incorporate the following novel
or unusual design features:

    The airplane flight-deck design incorporates a hydrophobic
windshield coating that, during precipitation, provides an adequate
outside view from the pilot compartment. Sole reliance on such a
coating, without windshield wipers, constitutes a novel or unusual
design feature for which the applicable airworthiness regulations do
not contain adequate or appropriate safety standards. Therefore,
special conditions are required to provide a level of safety equivalent
to that established by the regulations.

Discussion

    Section 25.773(b)(1) requires a means to maintain a clear portion
of the windshield for both pilots of a transport-category airplane to
have a sufficiently extensive view along the flight path during
precipitation conditions. The regulations require this means to
maintain such an area clear vision during heavy-rain precipitation at
airplane speeds up to 1.5 VSR1.
    This requirement has existed in principle since 1953 in part 4b of
the ``Civil Air Regulations'' (CAR). Section 4b.351(b)(1) of CAR 4b
required that ``Means shall be provided for maintaining a sufficient
portion of the windshield clear so that both pilots are afforded a
sufficiently extensive view along the flight path in all normal flight
attitudes of the airplane. Such means shall be designed to function
under the following conditions without continuous attention on the part
of the crew: (i) In heavy rain at speeds up to 1.6 VS1, flaps
retracted.''
    Effective December 26, 2002, Amendment 25-108 changed the speed for
effectiveness of the means to maintain an area of clear vision from up
to 1.6 VS1 to 1.5 VSR1 to accommodate the
redefinition of the reference stall speed from the minimum speed in the
stall, VS1, to greater than or equal to the 1g stall speed,
VSR1. As noted in the preamble to the final rule for that
amendment, the reduced factor of 1.5 on VSR1 is to maintain
approximately the same speed as the 1.6 factor on VS1.
    The requirement that the means to maintain a clear area of forward
vision must function at high speeds and high precipitation rates is
based on the use of windshield wipers as the means to maintain an
adequate area of clear vision in precipitation conditions. The
requirement in 14 CFR 121.313(b) and 125.213(b) to provide ``a
windshield wiper or equivalent for each pilot station'' has remained
unchanged since at least 1953.
    The effectiveness of windshield wipers to maintain an area of clear
vision normally degrades as airspeed and precipitation rates increase.
It is assumed that because high speeds and high precipitation rates
represent limiting conditions for windshield wipers, they will also be
effective at lower speeds and precipitation levels. Accordingly, Sec.
25.773(b)(1)(i) does not require maintenance of a clear area of forward
vision at lower speeds or lower precipitation rates.
    A forced airflow blown directly over the windshield has also been
used to maintain an area of clear vision in precipitation. The limiting
conditions for this technology are comparable to those for windshield
wipers. Accordingly, introduction of this technology did not present a
need for special conditions to maintain the level of safety embodied in
the existing regulations.
    Hydrophobic windshield coatings may depend to some degree on
airflow to maintain a clear-vision area. The heavy rain and high speed
conditions specified in the current rule do not necessarily represent
the limiting condition for this new technology. For example, airflow
over the windshield, which may be necessary to remove moisture from the
windshield, may not be adequate to maintain a sufficiently clear-vision
area of the windshield in low-speed flight or during surface
operations. Alternatively, airflow over the windshield may be disturbed
during such critical times as the approach to land, where the airplane
is at a higher-than-normal pitch attitude. In these cases, areas of
airflow disturbance or separation on the windshield could cause failure
to maintain a clear-vision area on the windshield.
    In addition to potentially depending on airflow to function
effectively, hydrophobic coatings may also be dependent on water-
droplet size for effective precipitation removal. For example,
precipitation in the form of a light mist may not be sufficient for the
coating's properties to result in maintaining a clear area of vision.
    The current regulations identify speed and precipitation rate
requirements that represent limiting conditions for windshield wipers
and blowers, but not for hydrophobic coatings. Likewise, it is
necessary to issue special conditions to maintain the level of safety
represented by the current regulations.
    These special conditions provide an appropriate safety standard for
the hydrophobic coating technology as the means to maintain a clear
area of vision by requiring the coating to be effective at low speeds
and low precipitation rates, as well as at the higher speeds and
precipitation rates identified in the current regulation. These are the
only new or changed requirements relative to those in Sec.
25.773(b)(1) at Amendment 25-108.
    These special conditions contain the additional safety standards
that the Administrator considers necessary to establish a level of
safety equivalent to that established by the existing airworthiness
standards.

Applicability

    As discussed above, these special conditions are applicable to the
Cessna Model 680A airplane. Should Cessna apply at a later date for a
change to the type certificate to include another model incorporating
the same novel or unusual design feature, the special conditions would
apply to that model as well.

Conclusion

    This action affects only certain novel or unusual design features
on the Cessna Model 680A airplane. It is not a rule of general
applicability.
    The substance of these special conditions has been subjected to the
notice and comment period in several prior instances and has been
derived without substantive change from those previously issued. It is
unlikely that prior public comment would result in a significant change
from the substance contained herein. Therefore, because a delay would
significantly affect the certification of the airplane, which is
imminent, the FAA has determined that prior public notice and comment
are unnecessary and impracticable, and good cause exists for adopting
these special conditions upon publication in the Federal Register. The
FAA is requesting comments to allow interested persons to submit views
that may not have been submitted in response to the prior opportunities
for comment described above.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

    The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704.

The Special Conditions

    Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the type-certification basis for Cessna Model 680A airplanes.
    The airplane must have a means to maintain a clear portion of the
windshield, during precipitation conditions, enough for both pilots to
have a sufficiently extensive view along

the ground or flight path in normal taxi and flight attitudes of the
airplane. This means must be designed to function, without continuous
attention on the part of the flightcrew, in conditions from light
misting precipitation to heavy rain, at speeds from fully stopped in
still air, to 1.5 VSR1 with lift and drag devices retracted.

    Issued in Renton, Washington, on March 27, 2015.
Michael Kazycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-07713 Filed 4-3-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 192 (Thursday, October 3, 2019)]
[Notices]
[Pages 52915-52917]
[FR Doc No: 2019-21498]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 33651]

Notice of Applications for Deregistration Under Section 8(f) of
the Investment Company Act of 1940

September 27, 2019.
    The following is a notice of applications for deregistration under
section 8(f) of the Investment Company Act of 1940 for the month of
August 2019. A copy of each application may be obtained via the
Commission's website by searching for the file number, or for an
applicant using the Company name box, at http://www.sec.gov/search/search.htm or by calling<PHONE_NUMBER>. An order granting each
application will be issued unless the SEC orders a hearing. Interested
persons may request a hearing on any application by writing to the
SEC's Secretary at the address below and serving the relevant applicant
with a copy of the request, personally or by mail. Hearing requests
should be received by the SEC by 5:30 p.m. on October 22, 2019, and
should be accompanied by proof of service on applicants, in the form of
an affidavit or, for lawyers, a certificate of service. Pursuant to
Rule 0-5 under the Act, hearing requests should state the nature of the
writer's interest, any facts bearing upon the desirability of a hearing
on the matter, the reason for the request, and the issues contested.
Persons who wish to be notified of a hearing may request notification
by writing to the Commission's Secretary.

ADDRESSES: The Commission: Secretary, U.S. Securities and Exchange
Commission, 100 F Street NE, Washington, DC 20549-1090.

FOR FURTHER INFORMATION CONTACT: Shawn Davis, Assistant Director, at
(202) 551-6413 or Chief Counsel's Office at<PHONE_NUMBER>; SEC,
Division of Investment Management, Chief Counsel's Office, 100 F Street
NE, Washington, DC 20549-8010.

Aberdeen Emerging Markets Smaller Company Opportunities Fund, Inc.
[File No. 811-08076]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. The applicant
has transferred its assets to Aberdeen Emerging Markets Equity Income
Fund, Inc. (formerly, Aberdeen Chile Fund, Inc.), and on June 28, 2018,
made a final distribution to its shareholders based on net asset value.
Expenses of $294,766 incurred in connection with the reorganization
were paid by the applicant.
    Filing Date: The application was filed on July 16, 2019.
    Applicant's Address: c/o Aberdeen Standard Investments, Inc., 1735
Market Street, 32nd Floor, Philadelphia, Pennsylvania 19103.

Aberdeen Greater China Fund, Inc. [File No. 811-06674]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. The applicant
has transferred its assets to Aberdeen Emerging Markets Equity Income
Fund, Inc. (formerly, Aberdeen Chile Fund, Inc.), and on June 28, 2018,
made a final distribution to its shareholders based on net asset value.
Expenses of approximately $299,543 incurred in connection with the
reorganization were paid by the applicant and the applicant's
investment adviser.
    Filing Date: The application was filed on July 16, 2019.
    Applicant's Address: c/o Aberdeen Standard Investments, Inc., 1735
Market Street, 32nd Floor, Philadelphia, Pennsylvania 19103.

Aberdeen Latin America Equity Fund, Inc. [File No. 811-06094]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. The applicant
has transferred its assets to Aberdeen Emerging Markets Equity Income
Fund, Inc. (formerly, Aberdeen Chile Fund, Inc.), and on June 28, 2018,
made a final distribution to its shareholders based on net asset value.
Expenses of approximately $458,482 incurred in connection with the
reorganization were paid by the applicant.
    Filing Date: The application was filed on July 16, 2019.
    Applicant's Address: c/o Aberdeen Standard Investments, Inc., 1735
Market Street, 32nd Floor, Philadelphia, Pennsylvania 19103.

Aberdeen Indonesia Fund, Inc. [File No. 811-06024]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. The applicant
has transferred its assets to Aberdeen Emerging Markets Equity Income
Fund, Inc. (formerly, Aberdeen Chile Fund, Inc.), and on June 28, 2018,
made a final distribution to its shareholders based on net asset value.
Expenses of $186,627 incurred in connection with the reorganization
were paid by the applicant.
    Filing Date: The application was filed on July 16, 2019.
    Applicant's Address: c/o Aberdeen Standard Investments, Inc., 1735
Market Street, 32nd Floor, Philadelphia, Pennsylvania 19103.

Aberdeen Israel Fund, Inc. [File No. 811-06120]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. The applicant
has transferred its assets to Aberdeen Emerging Markets Equity Income
Fund, Inc. (formerly, Aberdeen Chile Fund, Inc.), and on June 28, 2018,
made a final distribution to its shareholders based on net asset value.
Expenses of $208,347 incurred in connection with the reorganization
were paid by the applicant.
    Filing Date: The application was filed on July 16, 2019.
    Applicant's Address: c/o Aberdeen Standard Investments, Inc., 1735
Market Street, 32nd Floor, Philadelphia, Pennsylvania 19103.

Aberdeen Singapore Fund, Inc. [File No. 811-06115]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. The applicant
has transferred its assets to Aberdeen Emerging Markets Equity Income
Fund, Inc. (formerly, Aberdeen Chile Fund, Inc.), and on June 28, 2018,
made a final distribution to its shareholders based on net asset value.
Expenses of approximately $333,020 incurred in connection with the
reorganization were paid by the applicant.
    Filing Date: The application was filed on July 16, 2019.
    Applicant's Address: c/o Aberdeen Standard Investments, Inc., 1735
Market Street, 32nd Floor, Philadelphia, Pennsylvania 19103.

Asia Tigers Fund, Inc. [File No. 811-08050]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. The applicant
has transferred its assets to Aberdeen Emerging Markets Equity Income
Fund, Inc. (formerly, Aberdeen Chile Fund, Inc.), and on June 28, 2018,
made a final distribution to its shareholders based on net asset value.
Expenses of $486,582 incurred in connection with the reorganization
were paid by the applicant and the applicant's investment adviser.
    Filing Date: The application was filed on July 16, 2019.
    Applicant's Address: c/o Aberdeen Standard Investments, Inc., 1735
Market Street, 32nd Floor, Philadelphia, Pennsylvania 19103.

Gabelli NextShares Trust [File No. 811-23160]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On March 28, 2019, applicant made a
liquidating distribution to its shareholders based on net asset value.
Expenses of $5,000 incurred in connection with the liquidation were
paid by the applicant's investment adviser.
    Filing Date: The application was filed on July 30, 2019.
    Applicant's Address: One Corporate Center, Rye, New York 10580-
1434.

Government Obligations Portfolio [File No. 811-08012]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On October 5, 2018, applicant made a
liquidating distribution to its shareholders based on net asset value.
No expenses were incurred in connection with the liquidation.
    Filing Date: The application was filed on September 11, 2019.
    Applicant's Address: Two International Place, Boston, Massachusetts
02110.

ML of New York Variable Annuity Separate Account [File No. 811-06320]

    Summary: Applicant, a unit investment trust, seeks an order
declaring that it has ceased to be an investment company. Expenses of
$1,531 incurred in connection with the liquidation were paid by
Transamerica Financial Life Insurance Company.
    Filing Dates: The application was filed on December 27, 2018, and
amended on April 1, 2019 and September 5, 2019.
    Applicant's Address: 4333 Edgewood Road NE, Cedar Rapids, Iowa
52499-0001.

MSAR Completion Portfolio [File No. 811-22427]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On October 19, 2018, applicant made a
liquidating distribution to its shareholders based on net asset value.
No expenses were incurred in connection with the liquidation.
    Filing Date: The application was filed on August 22, 2019.
    Applicant's Address: Two International Place, Boston, Massachusetts
02110.

Short-Term U.S. Government Portfolio [File No. 811-21132]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On October 12, 2018, applicant made a
liquidating distribution to its shareholders based on net asset value.
No expenses were incurred in connection with the liquidation.
    Filing Date: The application was filed on September 11, 2019.
    Applicant's Address: Two International Place, Boston, Massachusetts
02110.

Sims Total Return Fund, Inc. [File No. 811-04704]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On June 28, 2019, applicant made a
liquidating distribution to its shareholders based on net asset value.
Expenses of $20,000 incurred in connection with the liquidation were
paid by the applicant's investment adviser.
    Filing Date: The application was filed on July 24, 2019.

    Applicant's Address: Sims Total Return Fund, Inc., 225 East Mason
Street, Suite 802, Milwaukee, Wisconsin 53202.

Stira Alcentra Global Credit Fund [File No. 811-23210]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. The applicant
has transferred its assets to Priority Income Fund, Inc. Expenses of
approximately $526,800 incurred in connection with the reorganization
were paid by the applicant and the acquiring fund.
    Filing Dates: The application was filed on May 24, 2019, and
amended on July 25, 2019.
    Applicant's Address: 18100 Von Karman Avenue, Suite 500, Irvine,
California 92612.

Vanguard Convertible Securities Fund [File No. 811-04627]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On March 19, 2019, applicant made a
liquidating distribution to its shareholders based on net asset value.
Expenses of $34,850.80 incurred in connection with the liquidation were
paid by the applicant.
    Filing Date: The application was filed on July 29, 2019.
    Applicant's Address: P.O. Box 2600, Valley Forge, Pennsylvania
19482.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-21498 Filed 10-2-19; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 211 (Thursday, October 31, 2019)]
[Rules and Regulations]
[Pages 58322-58324]
[FR Doc No: 2019-23885]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2019-0561]
RIN 1625-AA09

Drawbridge Operation Regulation; Atlantic Intracoastal Waterway,
Stuart, FL

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is removing the existing drawbridge operation
regulation for the Jensen Beach (SR707a) Bridge across the Atlantic
Intracoastal Waterway, mile 981.4, at Stuart, FL. The drawbridge was
converted to a fixed bridge in 2005. The operating regulation is no
longer applicable or necessary.

DATES: This rule is effective October 31, 2019.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov. Type USCG-
2019-0561 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Ms. Jennifer Zercher, Bridge Administration Branch,
United States Coast Guard District Seven; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this final rule without prior notice and
opportunity to comment pursuant to authority under section 4(a) of the
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because Jensen Beach (SR707a) Bridge was
converted to a fixed bridge in 2005 and no longer requires the draw
operations in 33 CFR 117.261(o). Therefore, the regulation is no longer
applicable and shall be removed from publication. It is unnecessary to
publish an NPRM because this regulatory action does not purport to
place any restrictions on mariners but rather removes a restriction
that has no further use or value.
    We are issuing this rule under 5 U.S.C. 553(d)(3). The Coast Guard
finds that good cause exists for making this rule effective in less
than 30 days after publication in the Federal Register. The bridge was
removed from the waterway 14 years ago and this rule merely requires an
administrative change to the Federal Register in order to omit a
regulatory requirement that is no longer applicable or necessary. The
modification has already taken place and the removal of the regulation
will not affect mariners currently operating on this waterway.
Therefore, a delayed effective date is unnecessary.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority of The Bridge
Act of 1894, 33 U.S.C. 499.
    The Jensen Beach (SR707a) Bridge was converted to a fixed bridge in
2005. The regulation for the previously existing drawbridge was not
removed subsequent to the bridge's conversion to a fixed bridge. The
conversion of this bridge necessitates the removal of the drawbridge
operation regulation, 33 CFR 117.261(o), because this drawbridge
regulation governs a bridge that is no longer able to be opened.

IV. Discussion of Final Rule

    The Coast Guard is changing the regulation in 33 CFR 117.261 by
removing restrictions and the regulatory burden related to draw
operations for a

bridge, which is no longer a drawbridge. The change removes 33 CFR
117.261(o) of the regulation governing the Jensen Beach (SR707a) Bridge
since the bridge has been converted to a fixed bridge. This Final Rule
seeks to update the Code of Federal Regulations by removing language
that governs the operation of the Jensen Beach (SR707a) Bridge, which
is no longer a drawbridge. This change does not affect waterway or land
traffic. This change does not affect or alter the operating schedules
in 33 CFR 117.261 that govern the remaining active drawbridges on the
Atlantic Intracoastal Waterway from St. Marys River to Key Largo.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive Orders, and we
discuss First Amendment rights of protesters.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, it has not been reviewed by the Office of
Management and Budget (OMB) and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the fact that the
bridge was removed from the waterway and the replacement structure is a
fixed bridge. The removal of the operating schedule from 33 CFR 117
subpart B will have no effect on the movement of waterway or land
traffic.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    For the reasons stated in section V.A above this final rule will
not have a significant economic impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Government

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, U.S. Coast Guard Environmental Planning
Policy COMDTINST 5090.1 (series) and U.S. Coast Guard Environmental
Planning Implementation Procedures (series) which guide the Coast Guard
in complying with the National Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321-4370f). We have made a determination that this
action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule promulgates the operating regulations or procedures for
drawbridges. This action is categorically excluded from further review,
under paragraph L49, of Chapter 3, Table 3-1 of the U.S. Coast Guard
Environmental Planning Implementation Procedures.
    A Record of Environmental Consideration nor a Memorandum for the
Record are required for this rule.

G. Protest Activities

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

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority:  33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.

Sec.  117.261  [Amended]

0
2. Amend Sec.  117.261 by removing and reserving paragraph (o).

    Dated: October 22, 2019.
Eric C. Jones,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 2019-23885 Filed 10-30-19; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 2 (Thursday, January 3, 2013)]
[Proposed Rules]
[Page 277]
[FR Doc No: 2012-31578]

=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 15

[Docket No. FDA-2012-N-1148]

Food and Drug Administration Actions Related to Nicotine
Replacement Therapies and Smoking-Cessation Products; Report to
Congress on Innovative Products and Treatments for Tobacco Dependence;
Public Hearing; Extension of Comment Period

AGENCY: Food and Drug Administration, HHS.

ACTION: Notification of public hearing; Extension of comment period.

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

SUMMARY: The Food and Drug Administration (FDA) is extending the
comment period for the notice of public hearing that appeared in the
Federal Register of November 28, 2012 (77 FR 70955). In the public
hearing notice, FDA requested comments on FDA consideration of
applicable approval mechanisms and additional indications for nicotine
replacement therapies (NRTs), and input on a report to Congress
examining the regulation and development of innovative products and
treatments for tobacco dependence. The Agency is taking this action to
allow interested persons additional time to submit comments.

DATES: Submit either electronic or written comments by January 16,
2013.

ADDRESSES: Submit electronic comments to http://www.regulations.gov.
Submit written comments to the Division of Dockets Management (HFA-
305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061,
Rockville, MD 20852. Identify comments with the docket number found in
brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Ayanna Augustus, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave. Bldg. 22, Rm. 3219, Silver Spring, MD 20993, 301-796-
3980, FAX:<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    In the Federal Register of November 28, 2012, FDA published a
document announcing a public meeting on December 17, 2012, and the
opening of a public docket to receive comments related to the
implementation of section 918 of the FD&C Act (21 U.S.C. 387r), as
amended by the Tobacco Control Act (Pub. L. 111-31). Under Section
918(a), the Secretary of the Department of Health and Human Services
(the Secretary of HHS) is required to consider certain new approval
mechanisms and additional indications for NRTs. Several NRTs, including
nicotine-containing gums, patches, and lozenges, are already marketed
for smoking cessation. Section 918(b) requires that the Secretary of
HHS, after consultation with recognized scientific, medical, and public
health experts, submit a report to Congress examining how best to
regulate, promote, and encourage the development of ``innovative
products and treatments (including nicotine-based and non-nicotine-
based products and treatments)'' to better achieve the following three
goals: (1) Total abstinence from tobacco use, (2) reductions in
consumption of tobacco, and (3) reductions in the harm associated with
continued tobacco use. FDA will consider the information it obtains
from the public hearing and related docket submissions in its
implementation of the requirements of section 918, including in
drafting the report to Congress required by section 918(b).

II. Submission of Comments

    Interested persons may submit either electronic comments regarding
this document to http://www.regulations.gov or written comments to the
Division of Dockets Management (see ADDRESSES). It is only necessary to
send one set of comments. Identify comments with the docket number
found in brackets in the heading of this document. Received comments
may be seen in the Division of Dockets Management between 9 a.m. and 4
p.m., Monday through Friday, and will be posted to the docket at http://www.regulations.gov.

    Dated: December 27, 2012.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2012-31578 Filed 1-2-13; 8:45 am]
BILLING CODE 4160-01-P