[Federal Register Volume 77, Number 206 (Wednesday, October 24, 2012)]
[Notices]
[Pages 64981-64982]
[FR Doc No: 2012-26182]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER13-55-000]

Homer City Generation, L.P.; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Homer City Generation, L.P.'s application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is November 7, 2012.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC

Online service, please email<EMAIL_ADDRESS>or call (866)
208-3676 (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: October 18, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-26182 Filed 10-23-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 78 (Tuesday, April 23, 2019)]
[Rules and Regulations]
[Pages 16778-16781]
[FR Doc No: 2019-08116]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket Number USCG-2017-0181]
RIN 1625-AA01

Anchorage Grounds; Baltimore Harbor, Baltimore, MD

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is amending its Baltimore Harbor anchorage
grounds regulation. The changes will reduce the size of three general
anchorages, establish one new general anchorage, rename two existing
general anchorages, and change the duration a vessel may remain within
an anchorage for two existing general anchorages. This rule will ensure
that Coast Guard regulations are consistent with the U.S. Army Corps of
Engineers Baltimore District Port of Baltimore Anchorages and Channels
civil works project that widened the channel, and provide a higher
degree of safety to persons, property and the environment by accurately
depicting the anchorage locations. The changes to the regulated uses of
the anchorages will support current and future port activity related to
the safety of post-Panamax commercial cargo vessels, and will remove
vessel security provisions that currently exist in these Baltimore
Harbor regulations.

DATES: This rule is effective May 23, 2019.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0181 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Ronald L. Houck, U.S. Coast Guard, Sector Maryland-
National Capital Region, Waterways Management Division, Coast Guard;
telephone<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    Anchorage regulation duties and powers were transferred to the
Coast Guard in 1967 (32 FR 17726, Dec. 12, 1967). On December 12, 1968,
the Fifth Coast Guard District published a final rule in the Federal
Register (33 FR 18438) establishing an anchorage area in Baltimore
Harbor, Maryland. The anchorage grounds at Baltimore, Maryland are
described in 33 CFR 110.158. These anchorage grounds are involved in a
federal navigation project under the jurisdiction of the U.S. Army
Corps of Engineers Baltimore District. Section 101a(22) of the Water
Resources Development Act of 1999 (Pub. L. 106-53, 113 Stat 269 (1999))
authorized widening of the Dundalk and Seagirt Marine Terminal
channels. Widening of the Seagirt Marine Terminal channel occurred in
2015. This dredging widened the limits of existing navigation channels
which are used to access key Maryland Port Administration marine
terminals located immediately adjacent to the Baltimore Harbor,
Maryland anchorage grounds, and put the existing anchorage grounds in
the way of the newly expanded navigation channels. To addresses these
changes, Sector Maryland-National Capital Region, Baltimore, Maryland,
worked in coordination with the Port of Baltimore Harbor Safety and
Coordination Committee to develop proposed

revisions to the affected anchorage boundaries and associated
regulations. On August 14, 2018, the Coast Guard published a notice of
proposed rulemaking (NPRM) titled ``Anchorage Grounds; Baltimore
Harbor, Baltimore, MD'' (83 FR 40164). There we stated why we issued
the NPRM, and invited comments on our proposed regulatory action
related to this anchorage grounds. During the comment period that ended
November 13, 2018, we received no comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
471, 2071; 46 U.S.C 70034; 33 CFR 1.05-1; and Department of Homeland
Security Delegation No. 0170.1, which collectively authorize the Coast
Guard to define anchorage grounds. The purpose of this rule is to
reduce navigational safety risk and support port efficiency in
Baltimore Harbor. This regulation will designate a new general
anchorage ground developed from an existing anchorage ground that is
located outside of the established navigation channel in order to align
with the existing U.S. Army Corps of Engineers Baltimore District Port
of Baltimore Anchorages and Channels civil works project. The Baltimore
Harbor anchorage grounds are typically used by deep draft commercial
cargo vessels. In order to maximize the availability and use of these
important anchorages, this regulation will also change the duration for
which vessels may remain in these anchorages. This regulation will
reduce the duration a vessel may remain within Anchorage No. 3 Lower
(renumbered as Anchorage No. 3A) and Anchorage No. 4, from 72 hours to
24 hours. Lastly, due to similar provisions within the Maritime
Transportation Security Act of 2002 (MTSA) (Pub. L. 107-295) and
federal regulations (33 CFR part 104, and 46 CFR chapter 1, subchapters
N and O), the vessel security requirements in Sec.  [thinsp]110.158(d)
are now redundant and will be removed as part of this regulation.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published
August 14, 2018. There are no changes in the regulatory text of this
rule from the proposed rule in the NPRM.
    This rule amends the Baltimore Harbor, Maryland anchorage grounds
as described in 33 CFR 110.158. The general anchorages currently listed
in the regulation that are affected by this rule are Anchorage No. 2,
Anchorage No. 3 Upper, Anchorage No. 3 Lower, Anchorage No. 4,
Anchorage No. 5 and Anchorage No. 6.
    This rule reduces the sizes of Anchorage No. 2, Anchorage No. 3
Lower, and Anchorage No. 4. These reductions will remove the portions
of the anchorage grounds that are in the navigable channel. The area of
Anchorage No. 2 is reduced by approximately 16,330 square yards along
its northern limit and approximately 326,770 square yards along its
eastern limit. The area of Anchorage No. 3 Lower is reduced at its
eastern limit by 12,560 square yards. The area of Anchorage No. 4 is
reduced at its western limit by 6,000 square yards.
    This rule renames Anchorage No. 3 Lower to Anchorage No. 3A, and
renames Anchorage No. 3 Upper to Anchorage No. 3B. This rule revises
Anchorage No. 2 and creates an area called Anchorage No. 3C out of
existing anchorage ground from Anchorage No. 2. An area within
Anchorage No. 2 that is approximately 500 yards in length and 165 yards
in width, and adjacent to Anchorage No. 3 Upper, becomes Anchorage No.
3C. This reconfiguration does not provide new space available for
anchorage, will not restrict traffic, and is located outside of the
established navigation channel. A graphic depicting these changes is
included in the docket.
    This rule will reduce the duration a vessel may remain within
Anchorage No. 3 Lower (renumbered as Anchorage No. 3A) and Anchorage
No. 4, from 72 hours to 24 hours. These changes are based on
recommendations documented by the Port of Baltimore Harbor Safety and
Coordination Committee on September 8, 2010, and the Association of
Maryland Pilots. The Port of Baltimore Harbor Safety and Coordination
Committee's recommendation is available in the docket. The Coast Guard
agrees that the Committee's recommendation addresses the problem of
ensuring maximum availability and use of these anchorages. In addition,
this rule establishes that a vessel may remain within Anchorage No. 3C
for no more than 72 hours without permission from the Captain of the
Port, to remain consistent with the regulations for Anchorage No. 2.
    This rulemaking renumbers several paragraphs listed in 33 CFR
110.158, from (a)(3) Anchorage No. 3, Upper, general anchorage, through
(a)(8) Anchorage No. 7, Dead ship anchorage. All anchorage ground
descriptions will be updated to state they are in the waters of the
Patapsco River, except for Anchorage No. 7, Dead ship anchorage, which
will be updated to state it is in the waters of Curtis Bay. Designation
of the new Anchorage No. 3C will create a new paragraph, (a)(9) for
Anchorage No. 7, Dead ship anchorage. This rulemaking modifies
paragraph (c)(3) of the general regulations to remove the reference to
a vessel becoming ``a menace'' because we do not define that term and
we don't believe it is needed given other factors already included in
that paragraph. We also change the defined term ``dangerous cargo'' to
``certain dangerous cargo'' without changing the definition, continuing
to incorporate the definition of certain dangerous cargo from 33 CFR
160.202, and aligning terminology used in this rule with that used
throughout the rest of 33 CFR 110.158. This rulemaking removes
paragraphs (c)(4) regarding revocable permits for habitual use of an
anchorage, and paragraph (d) in its entirety, as described in section
III above.

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 protestors.

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, this rule 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 following: (i)
It will not interfere with existing maritime activity in Baltimore
Harbor, (ii) the changes will reduce navigational safety risk in
Baltimore Harbor by: (1) Aligning existing general anchorage boundaries
with recent dredging projects that widened the limits of adjacent
navigational channels, (2) reducing the duration a vessel may remain
within an anchorage to increase availability and usage, and (3)
renaming and reconfiguring general anchorages that support a proper
naming and numbering convention within the existing anchorage
regulation, and (iii) the

reconfiguration of the additional general anchorage does not provide
additional anchorage area and will not restrict traffic, as it is
developed from an existing anchorage and is located outside of the
established navigation channel. As discussed in section IV above, this
rule will replace the ``dangerous cargo'' definition with one for
``certain dangerous cargo'' and remove vessel security provisions that
are redundant to other federal regulations.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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 received no comments from the Small Business
Administration on this rulemaking. 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 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
section.
    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 will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.

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
Directive 023-01 and Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969 (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
the modification of existing anchorages within the Baltimore Harbor,
Maryland anchorage grounds. It is categorically excluded from further
review under paragraph L59(a) of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 01. A Record of Environmental Consideration
supporting this determination is available in the docket where
indicated under ADDRESSES.

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 110

    Anchorage Grounds.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 110 as follows:

PART 110--ANCHORAGE REGULATIONS

0
1. The authority citation for part 110 continues to read as follows:

    Authority: 33 U.S.C. 471, 2071; 46 U.S.C. 70034; 33 CFR 1.05-1;
Department of Homeland Security Delegation No. 0170.1.

0
2. Revise Sec.  110.158 to read as follows:

Sec.  110.158  Baltimore Harbor, MD.

    (a) Anchorage Grounds--(1) No. 1, general anchorage. (i) All waters
of the Patapsco River, bounded by a line connecting the following
points:

Latitude                             Longitude
39[deg]15'13.51'' N                  76[deg]34'07.76'' W
39[deg]15'11.01'' N                  76[deg]34'11.69'' W
39[deg]14'52.98'' N                  76[deg]33'52.67'' W
39[deg]14'47.90'' N                  76[deg]33'40.73'' W

    (ii) No vessel shall remain in this anchorage for more than 12
hours without permission from the Captain of the Port.
    (2) Anchorage No. 2, general anchorage. (i) All waters of the
Patapsco River, bounded by a line connecting the following points:

Latitude                             Longitude
39[deg]14'50.06'' N                  76[deg]33'29.86'' W
39[deg]14'57.53'' N                  76[deg]33'37.74'' W
39[deg]15'08.56'' N                  76[deg]33'37.66'' W
39[deg]15'15.77'' N                  76[deg]33'28.81'' W
39[deg]15'18.87'' N                  76[deg]33'12.82'' W
39[deg]15'17.71'' N                  76[deg]33'09.09'' W
39[deg]14'50.35'' N                  76[deg]32'40.43'' W
39[deg]14'45.28'' N                  76[deg]32'48.68'' W
39[deg]14'46.27'' N                  76[deg]32'49.69'' W
39[deg]14'43.76'' N                  76[deg]32'53.63'' W
39[deg]14'57.51'' N                  76[deg]33'08.14'' W
39[deg]14'55.60'' N                  76[deg]33'11.14'' W
39[deg]14'59.42'' N                  76[deg]33'15.17'' W

    (ii) No vessel shall remain in this anchorage for more than 72
hours

without permission from the Captain of the Port.
    (3) Anchorage No. 3A, general anchorage. (i) All waters of the
Patapsco River, bounded by a line connecting the following points:

Latitude                             Longitude
39[deg]14'15.66'' N                  76[deg]32'53.59'' W
39[deg]14'32.48'' N                  76[deg]33'11.31'' W
39[deg]14'46.27'' N                  76[deg]32'49.69'' W
39[deg]14'32.50'' N                  76[deg]32'35.18'' W
39[deg]14'22.37'' N                  76[deg]32'43.07'' W

    (ii) No vessel shall remain in this anchorage for more than 24
hours without permission from the Captain of the Port.
    (4) Anchorage No. 3B, general anchorage. (i) All waters of the
Patapsco River, bounded by a line connecting the following points:

Latitude                             Longitude
39[deg]14'32.48'' N                  76[deg]33'11.31'' W
39[deg]14'46.23'' N                  76[deg]33'25.83'' W
39[deg]14'57.51'' N                  76[deg]33'08.14'' W
39[deg]14'43.76'' N                  76[deg]32'53.63'' W

    (ii) No vessel shall remain in this anchorage for more than 24
hours without permission from the Captain of the Port.
    (5) Anchorage No. 3C, general anchorage. (i) All waters of the
Patapsco River, bounded by a line connecting the following points:

Latitude                             Longitude
39[deg]14'46.23'' N                  76[deg]33'25.83'' W
39[deg]14'50.06'' N                  76[deg]33'29.86'' W
39[deg]14'59.42'' N                  76[deg]33'15.17'' W
39[deg]14'55.60'' N                  76[deg]33'11.14'' W

    (ii) No vessel shall remain in this anchorage for more than 72
hours without permission from the Captain of the Port.
    (6) Anchorage No. 4, general anchorage. (i) All waters of the
Patapsco River, bounded by a line connecting the following points:

Latitude                             Longitude
39[deg]13'52.92'' N                  76[deg]32'29.60'' W
39[deg]14'04.38'' N                  76[deg]32'41.69'' W
39[deg]14'09.35'' N                  76[deg]32'39.89'' W
39[deg]14'17.96'' N                  76[deg]32'26.44'' W
39[deg]14'05.32'' N                  76[deg]32'13.09'' W
39[deg]14'00.05'' N                  76[deg]32'17.77'' W

    (ii) No vessel shall remain in this anchorage for more than 24
hours without permission from the Captain of the Port.
    (7) Anchorage No. 5, general anchorage. (i) All waters of the
Patapsco River, bounded by a line connecting the following points:

Latitude                             Longitude
39[deg]14'07.89'' N                  76[deg]32'58.23'' W
39[deg]13'34.82'' N                  76[deg]32'23.66'' W
39[deg]13'22.25'' N                  76[deg]32'28.90'' W
39[deg]13'21.20'' N                  76[deg]33'11.94'' W

    (ii) No vessel shall remain in this anchorage for more than 72
hours without permission from the Captain of the Port.
    (8) Anchorage No. 6, general anchorage. (i) All waters of the
Patapsco River, bounded by a line connecting the following points:

Latitude                             Longitude
39[deg]13'42.98'' N                  76[deg]32'19.11'' W
39[deg]13'20.65'' N                  76[deg]31'55.58'' W
39[deg]13'34.00'' N                  76[deg]31'33.50'' W
39[deg]14'01.95'' N                  76[deg]32'02.65'' W
39[deg]13'51.01'' N                  76[deg]32'18.71'' W

    (ii) No vessel shall remain in this anchorage for more than 72
hours without permission from the Captain of the Port.
    (9) Anchorage No. 7, Dead ship anchorage. (i) All waters of Curtis
Bay, bounded by a line connecting the following points:

Latitude                             Longitude
39[deg]13'00.40'' N                  76[deg]34'10.40'' W
39[deg]13'13.40'' N                  76[deg]34'10.81'' W
39[deg]13'13.96'' N                  76[deg]34'05.02'' W
39[deg]13'14.83'' N                  76[deg]33'29.80'' W
39[deg]13'00.40'' N                  76[deg]33'29.90'' W

    (ii) The primary use of this anchorage is to lay up dead ships.
Such use has priority over other uses. Permission from the Captain of
the Port must be obtained prior to the use of this anchorage for more
than 72 hours.
    (b) Definitions. As used in this section--
    Certain dangerous cargo means certain dangerous cargo as defined in
Sec.  [thinsp]160.202 of this chapter.
    COTP means Captain of the Port Sector Maryland--National Capital
Region.
    (c) General regulations. (1) Except as otherwise provided, this
section applies to vessels over 20 meters long and all vessels carrying
or handling certain dangerous cargo while anchored in an anchorage
ground described in this section.
    (2) Except in cases where unforeseen circumstances create
conditions of imminent peril, or with the permission of the Captain of
the Port, no vessel shall be anchored in Baltimore Harbor or the
Patapsco River outside of the anchorage areas established in this
section for more than 24 hours. No vessel shall anchor within a tunnel,
cable or pipeline area shown on a government chart. No vessel shall be
moored, anchored, or tied up to any pier, wharf, or other vessel in
such manner as to extend into established channel limits. No vessel
shall be positioned so as to obstruct or endanger the passage of any
other vessel.
    (3) Except in an emergency, a vessel that is likely to sink or
otherwise become an obstruction to navigation or the anchoring of other
vessels may not occupy an anchorage, unless the vessel obtains
permission from the Captain of the Port.
    (4) Upon notification by the Captain of the Port to shift its
position, a vessel at anchor must get underway and shall move to its
new designated position within two hours after notification.
    (5) The Captain of the Port may prescribe specific conditions for
vessels anchoring within the anchorages described in this section,
including, but not limited to, the number and location of anchors,
scope of chain, readiness of engineering plant and equipment, usage of
tugs, and requirements for maintaining communication guards on selected
radio frequencies.
    (6) No vessel at anchor or at a mooring within an anchorage may
transfer oil to or from another vessel unless the vessel has given the
Captain of the Port the four hours advance notice required by Sec.
[thinsp]156.118 of this chapter.
    (7) No vessel shall anchor in a ``dead ship'' status (propulsion or
control unavailable for normal operations) without prior approval of
the Captain of the Port.

    Dated: April 17, 2019.
Keith M. Smith,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2019-08116 Filed 4-22-19; 8:45 am]
BILLING CODE 9110-04-P


<!DOCTYPE HTML PUBLIC "-//-//W3C//DTD HTML 3.2//EN">

<META name="generator" content="PDFCreactiveX HTML Export">
<META name="creation-date" content="21/05/2008 11:39:26 ">
<TITLE></TITLE>


UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on November 3, 2005

NOTICE OF ACTION TAKEN -- DOCKET OST-2005-20707

________________________________________________________________________
________________________________

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).

Applicant: OPERADORA TURISTICA AURORA, S.A. de C.V.  			Date Filed:
March 18, 2005

Relief requested:  Exemption from 49 U.S.C. § 41301 to permit the
applicant to conduct passenger charter operations between Mexico and the
United States, and other passenger charters in accordance with 14 CFR
Part 212, using small equipment.  The applicant also requests stopover
privileges and relief from the Department's requirement to provide prior
notice of each flight, or series of flights, between Mexico and the
United States.

If renewal, date and citation of last action:  New authority

Applicant representative:  Lee A. Bauer,<PHONE_NUMBER>		  DOT analyst:
Robert J. Finamore,<PHONE_NUMBER>

Responsive pleadings:  None.

	DISPOSITION

Action:  Approved.
                                          Action date:  November 3, 2005

Effective dates of authority granted:  November 3, 2005, through
November 3, 2006.

Basis for approval (bilateral agreement/reciprocity): United
States-Mexico Air Transport Services Agreement (“the Agreement”).

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations of our standard exemption conditions
(attached).

Special conditions/Remarks:  Special conditions/Remarks:  We found that
the applicant is operationally and financially qualified to conduct its
proposed operations and is substantially owned and effectively
controlled by citizens of its homeland.  Also, the FAA advised us that
it knows of no reason to withhold this authority.  In the conduct of
these operations, the carrier must adhere to all applicable provisions
of the Agreement.  In the conduct of these operations, the carrier may
only use aircraft capable of carrying no more than 60 passengers and
having a maximum payload capacity of no more than 18,000 pounds (small
equipment).  The above grant includes authority to operate Third and
Fourth Freedom charters.  While we have subjected, consistent with the
provisions of the Agreement, Mexican carriers conducting charter
operations with large aircraft to prior approval or submission of notice
for their Third and Fourth Freedom charters, we determined that any such
requirement was not necessary on public interest grounds in the case of
this carrier, since the carrier will be conducting these operations
solely with small aircraft.  (Other charter operations to/from the
United States under this authority, however, are subject to prior
approval under 14 CFR Part 212.)  Further, we are continuing to allow
Mexican carriers conducting passenger charters using small equipment to
make stopovers in the United States in the conduct of such operations.

Action taken by:   Paul L. Gretch, Director, Office of International
Aviation

________________________________________________________________________
________________________________

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) the applicant was qualified to perform its proposed
operations; (3) grant of the authority was consistent with the public
interest; and (4) 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/deferred/dismissed, we denied all requests in
the referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

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

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

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

FOREIGN CARRIER EXEMPTION CONDITIONS
                              ATTACHMENT

In the conduct of the operations authorized, the foreign carrier
applicant(s) shall:

1) Not conduct any operations unless it holds a currently effective
authorization from its homeland for such operations, and it has filed a
copy of such authorization with the Department;

2) Comply with all applicable requirements of the Federal Aviation
Administration, including, but not limited to, 14 CFR Parts 129, 91, and
36, and with all applicable U.S. Government requirements concerning
security, including, but not limited to, 49 CFR Part 1546 or 1550, as
applicable.  To assure compliance with all applicable U.S. Government
requirements concerning security, the holder shall, before commencing
any new service (including charter flights) from a foreign airport that
would be the holder’s last point of departure for the United States,
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;

3) Comply with the requirements for minimum insurance coverage contained
in 14 CFR Part 205, and, prior to the commencement of any operations
under this authority, file evidence of such coverage, in the form of a
completed OST Form 6411, with the Federal Aviation Administration’s
Program Management Branch (AFS-260), Flight Standards Service (any
changes to, or termination of, insurance also shall be filed with that
office);

4) Not operate aircraft under this authority unless it complies with
operational safety requirements at least equivalent to Annex 6 of the
Chicago Convention;

5) Conform to the airworthiness and airman competency requirements of
its Government for international air services;

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

7) Agree that operations under this authority constitute a waiver of
sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with
respect to those actions or proceedings instituted against it in any
court or other tribunal in the United States that are: a) based on its
operations in international air transportation that, according to the
contract of carriage, include a point in the United States as a point of
origin, point of destination, or agreed stopping place, or for which the
contract of carriage was purchased in the United States; or b) based on
a claim under any international agreement or treaty cognizable in any
court or other tribunal of the United States.  In this condition, the
term “international air transportation” means “international
transportation” as defined by the Warsaw Convention, except that all
States shall be considered to be High Contracting Parties for the
purpose of this definition;

8) Except as specifically authorized by the Department, originate or
terminate all flights to/from the United States in its homeland;

9) Comply with the requirements of 14 CFR Part 217, concerning the
reporting of scheduled, nonscheduled, and charter data;

10) If charter operations are authorized, except as otherwise provided
in the applicable aviation agreement, comply with the Department’s
rules governing charters (including 14 CFR Parts 212 and 380); and

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

This authority shall not be effective during any period when the holder
is not in compliance with the conditions imposed above.  Moreover, this
authority cannot be sold or otherwise transferred without explicit
Department approval under Title 49 of the U.S. Code.

 05/2004