[Federal Register Volume 81, Number 154 (Wednesday, August 10, 2016)]
[Notices]
[Pages 52849-52850]
[FR Doc No: 2016-18882]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER16-2224-000]

Solverde 1, LLC; 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
Solverde 1, LLC'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 August 22, 2016.
    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
5 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 electronic 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<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: August 2, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-18882 Filed 8-9-16; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: May 2, 2006 (Volume 71, Number 84)]
[Notices]
[Page 25827-25828]
[DOCID:fr02my06-50]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-308-001]

Entrega Gas Pipeline LLC; Notice of Correction to Tariff Filing

April 26, 2006.
    Take notice that on April 20, 2006, Rockies Express Pipeline LLC
(Rockies Express), formerly Entrega Gas Pipeline LLC (Entrega),
resubmitted the tariff sheets it filed on April 14, 2006, to correct
the effective date contained in the footer of the tariff sheets to May
15, 2006, and to insert the sentence: ``Filed to comply with order of
the Federal Energy Regulatory Commission, Docket No. CP04-413-000, et
al., issued on March 30, 2006, 114 FERC ] 61,326'' on Sheet Nos. 108,
219 and 244.
    Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing will be considered by the
Commission in determining the appropriate action to be taken, but will
not serve to make protestants parties to the proceeding. Such protests
must be filed in accordance with the provisions of section 154.210 of
the Commission's regulations (18 CFR 154.210). Anyone filing a protest
must serve a copy of that document on all the parties to the
proceeding.
    The Commission encourages electronic submission of protests in lieu
of paper using the ``eFiling'' link at http://www.ferc.gov. Persons

unable to file electronically should submit an original and 14 copies
of the protest to the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    This filing is accessible online at http://www.ferc.gov, using the

``eLibrary'' link and is 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 e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-6572 Filed 5-1-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 20 (Thursday, January 30, 2014)]
[Rules and Regulations]
[Pages 4821-4823]
[FR Doc No: 2014-01317]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2013-0725; FRL-9904-02-Region 9]

Revisions to the California State Implementation Plan, Santa
Barbara County Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve revisions to the Santa Barbara County Air
Pollution Control District (SBCAPCD) portion of the California State
Implementation Plan (SIP). These revisions concern volatile organic
compound (VOC) emissions from solvent cleaning machines and operations,
coating of metal parts and products and polyester resin operations. We
are approving local rules that regulate these emission sources under
the Clean Air Act as amended in 1990 (CAA or the Act).

DATES: This rule is effective on March 31, 2014 without further notice,
unless EPA receives adverse comments by March 3, 2014. If we receive
such comments, we will publish a timely withdrawal in the Federal
Register to notify the public that this direct final rule will not take
effect.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2013-0725, by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    2. Email<EMAIL_ADDRESS>    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
    Instructions: All comments will be included in the public docket
without change and may be made available online at www.regulations.gov,
including any personal information provided, unless the comment
includes Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Information that you
consider CBI or otherwise protected should be clearly identified as
such and should not be submitted through www.regulations.gov or email.
www.regulations.gov is an ``anonymous access'' system, and EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send email directly to EPA, your email
address will be automatically captured and included as part of the
public comment. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses.
    Docket: Generally, documents in the docket for this action are
available electronically at www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California. While all
documents in the docket are listed at www.regulations.gov, some
information may be publicly available only at the hard copy location
(e.g., copyrighted material, large maps), and some may not be publicly
available in either location (e.g., CBI). To inspect the hard copy
materials, please schedule an appointment during normal business hours
with the contact listed in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Adrianne Borgia, EPA Region IX, (415)
972-3576<EMAIL_ADDRESS>or Nancy Levin, EPA Region IX, (415)
972-3848<EMAIL_ADDRESS>
Table of Contents

I. The State's Submittal
    A. What rules did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rules?
II. EPA's Evaluation and Action
    A. How is EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. EPA Recommendations To Further Improve the Rules
    D. Public Comment and Final Action

III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rules did the State submit?

    Table 1 lists the rules we are approving with the dates that they
were adopted by SBCAPCD and submitted by the California Air Resources
Board (CARB).

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
              Local agency                 Rule No.           Rule title              Revised        Submitted
----------------------------------------------------------------------------------------------------------------
SBCAPCD................................          321  Solvent Cleaning Machines          6/21/12        09/21/12
                                                       and Solvent Cleaning.
SBCAPCD................................          330  Surface Coating of Metal          06/21/12        09/21/12
                                                       Parts and Products.
SBCAPCD................................          349  Polyester Resin Operations        06/21/12        09/21/12
----------------------------------------------------------------------------------------------------------------

B. Are there other versions of these rules?

    We approved an earlier version of SBCAPCD Rule 321 into the SIP on
September 29, 2011 (76 FR 60376). A previous version of SBCAPCD 330 was
approved into the SIP on June 8, 2000 (65 FR 36349). The most recent
version of SBCAPCD Rule 349 was approved into the SIP on January 6,
1995 (60 FR 2025).

C. What is the purpose of the submitted rules?

    VOCs help produce ground-level ozone and smog, which harm human
health and the environment. Section 110(a) of the CAA requires States
to submit regulations that control VOC emissions by limiting VOC
content in solvents and coatings. EPA's technical support documents
(TSDs) have more information about these rules.

II. EPA's Evaluation and Action

A. How is EPA evaluating the rules?

    Generally, SIP rules must be enforceable (see section 110(a) of the
Act), and must not relax existing requirements (see sections 110(1) and
193). In addition, SIP rules must implement Reasonably Available
Control Measures (RACM), including Reasonably Available Control
Technology (RACT), in moderate and above ozone nonattainment areas.
Guidance and policy documents that we use to evaluate enforceability
and RACT requirements consistently include the following:

    1. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies,
and Deviations'' EPA, May 25, 1988 (the Bluebook),
    2. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies'' EPA, Region 9, August 21, 2001 (the Little Bluebook),
    3. ``Control Techniques Guidelines for Control Techniques
Guidelines for Miscellaneous Industrial Adhesives'' EPA, December
1977 (EPA-453/R-08-005),
    4. ``Control Techniques Guidelines for Control of Volatile
Organic Compound Emissions from Industrial Cleaning Solvents'', EPA,
September 2006 (EPA-453/R-06-001)

B. Do the rules meet the evaluation criteria?

    We believe these rules are consistent with the relevant policy and
guidance regarding enforceability, RACT and SIP relaxations. The TSDs
have more information on our evaluation.

C. EPA Recommendations To Further Improve the Rules

    The TSDs describe additional rule revisions that we recommend for
the next time the local agency modifies the rules.

D. Public Comment and Final Action

    As authorized in section 110(k)(3) of the Act, EPA is fully
approving the submitted rules because we believe they fulfill all
relevant requirements. We do not think anyone will object to this
approval, so we are finalizing it without proposing it in advance.
However, in the Proposed Rules section of this Federal Register, we are
simultaneously proposing approval of the same submitted rules. If we
receive adverse comments by March 3, 2014, we will publish a timely
withdrawal in the Federal Register to notify the public that the direct
final approval will not take effect and we will address the comments in
a subsequent final action based on the proposal. If we do not receive
timely adverse comments, the direct final approval will be effective
without further notice on March 31, 2014. This will incorporate these
rules into the federally enforceable SIP.
    Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment.

III. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     does not provide EPA with the discretionary authority to
address disproportionate human health or environmental effects with
practical,

appropriate, and legally permissible methods under Executive Order
12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by March 31, 2014. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the Proposed
Rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. This action may not be challenged later in
proceedings to enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

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

    Dated: November 22, 2013.
Jared Blumenfeld,
Regional Administrator, Region IX.

    Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart F--California

0
2. Section 52.220 is amended by adding paragraphs (c)(423) (i)(E)(3),
(4) and (5) to read as follows:

Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (423) * * *
    (i) * * *
    (E) * * *
    (3) Rule 321, ``Solvent Cleaning Machines and Solvent Cleaning,''
revised on June 21, 2012.
    (4) Rule 330, ``Surface Coating of Metal Parts and Products,''
revised on June 21, 2012.
    (5) Rule 349, ``Polyester Resin Operations,'' revised on June 21,
2012.
* * * * *
[FR Doc. 2014-01317 Filed 1-29-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 166 (Friday, August 26, 2016)]
[Rules and Regulations]
[Pages 58813-58816]
[FR Doc No: 2016-20073]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-8992; Directorate Identifier 2016-CE-021-AD;
Amendment 39-18621; AD 2016-17-08]
RIN 2120-AA64

Airworthiness Directives; Textron Aviation, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: We are superseding Airworthiness Directive (AD) 2016-07-24 for
all Textron Aviation, Inc. Models 310 through 310R, E310H, E310J, T310P
through T310R, 310J-1, 320 through 320F, 320-1, 335, 340, 340A, 401
through 401B, 402 through 402C, 411, 411A, 414, 414A, and 421 through
421C airplanes (type certificates 3A10, 3A25, and A7CE previously held
by Cessna Aircraft Company). AD 2016-07-24 required replacement and
repetitive inspections of the hardware securing the elevator trim tab
push-pull rod. This AD retains the actions for AD 2016-07-24 but
revises the repetitive inspection intervals and allows for a longer
bolt for the attachment of the elevator trim tab actuator rod end to
the push-pull tube connection and/or for the elevator trim tab horn end
to the push-pull tube connection. This AD was prompted by comments
indicating difficulties with bolt installation and requesting a
revision to repetitive inspection intervals to coincide with
established inspection intervals. We are issuing this AD to prevent
jamming of the elevator trim tab in a position outside the normal
limits of travel due to the loss of the attachment hardware connecting
the elevator trim tab actuator to the elevator trim tab push-pull rod,
which could result in loss of control.

DATES: This AD is effective September 12, 2016.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of September
12, 2016.
    We must receive any comments on this AD by October 11, 2016.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this final rule, contact
Textron Aviation Customer Service, P.O. Box 7706, Wichita, Kansas
67277; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>Internet: https://support.cessna.com/custsupt/csupport/newlogin.jsp. You may review this referenced service
information at the FAA, Small Airplane Directorate, 901 Locust, Kansas
City, Missouri 64106. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available on the
Internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2016-8992.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
8992; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The street address for the Docket Office (phone:
800-647-5527) is in the ADDRESSES section. Comments will be available
in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Adam Hein, Aerospace Engineer, Wichita
Aircraft Certification Office, FAA, 1801 S. Airport Road, Room 100,
Wichita, Kansas 67209; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    On March 30, 2016, we issued AD 2016-07-24, Amendment 39-18469 (81
FR 21250, April 11, 2016), (``AD 2016-07-24''), for all Textron
Aviation, Inc. Models 310 through 310R, E310H, E310J, T310P through
T310R, 310J-1, 320 through 320F, 320-1, 335, 340, 340A, 401 through
401B, 402 through 402C, 411, 411A, 414, 414A, and 421 through 421C
airplanes (type certificates 3A10, 3A25, and A7CE previously held by
Cessna Aircraft Company). AD 2016-07-24 required replacing the hardware
connecting the elevator trim tab push-pull rod to the elevator trim tab
actuator and elevator trim tab. AD 2016-07-24 resulted from accident
reports on Textron Aviation, Inc. Models T310Q, 310Q, and 402B
airplanes; lessons learned in accident investigation support; and
analysis of past accidents. The analysis of National Transportation
Safety Board (NTSB) determination of probable cause indicated that
following the loss of the attachment hardware connecting the elevator
trim tab actuator to the elevator trim tab push-pull rod, the elevator
trim tab may jam in a position outside the normal limits of travel. We
issued AD 2016-07-24 to require replacement and repetitive inspections
of the hardware securing the elevator trim tab push-pull rod.

Actions Since AD 2016-07-24 Was Issued

    Since we issued AD 2016-07-24, we have received reports of
difficulties in installing the required bolt, part number (P/N)
NAS464P3-8, because it was found in some cases to be too short to
properly fasten with a cotter pin as required by the AD. It was also
determined beneficial to revise the repetitive inspection intervals to
better coincide with the standard established inspection intervals for
these airplanes. We are issuing this AD to correct the unsafe condition
on these products.

Related Service Information Under 1 CFR Part 51

    We reviewed Textron Aviation, Inc. (Cessna Aircraft Company) Multi-
engine Service Bulletin No. MEB-27-02, Revision 1, dated June 15, 2016.
The service information describes procedures for replacing the hardware
connecting the elevator trim tab push-pull rod to the elevator trim tab
actuator and elevator trim tab. This service information is reasonably
available because the interested parties have access to it through
their normal course of business or by the means identified in the
ADDRESSES section.

FAA's Determination

    We are issuing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

AD Requirements

    This AD requires replacement and repetitive inspection of the
elevator trim tab push-pull rod connecting hardware.

Differences Between the AD and the Service Information

    Due to the immediate safety of flight condition of this AD action,
we are requiring replacement of the hardware within 90 days after the
effective date of this AD rather than the potential of up to a year as
allowed in the service information.
    The kit referenced in the service bulletin contains only standard
parts that may be procured from other sources.

FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because the
loss of the attachment hardware connecting the elevator trim tab
actuator to the elevator trim tab push-pull rod may result in jamming
of the elevator trim tab beyond normal limits, which could result in
loss of ability to control the airplane. Therefore, we find that notice
and opportunity for prior public comment are impracticable and that
good cause exists for making this amendment effective in less than 30
days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not provide you with notice and an opportunity to
provide your comments before it becomes effective. However, we invite
you to send any written data, views, or arguments about this AD. Send
your comments to an address listed under the ADDRESSES section. Include
the docket number FAA-2016-8992 and directorate identifier 2016-CE-021-
AD at the beginning of your comments. We specifically invite comments
on the overall regulatory, economic, environmental, and energy aspects
of this AD. We will consider all comments received by the closing date
and may amend this AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Costs of Compliance

    We estimate that this AD affects 5,066 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
            Action                    Labor cost               Parts cost             product        operators
----------------------------------------------------------------------------------------------------------------
Elevator trim tab push-pull     5 work-hour x $85 per   $42.....................            $467      $2,365,822
 rod hardware replacement.       hour = $425.
Repetitive Inspection.........  1 work-hour x $85 per   Not applicable..........              85         430,610
                                 hour = $85.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacements
that would be required based on the results of the inspection. This is
the same replacement that is initially required by this AD. We have no
way of determining the number of aircraft that might need this
repetitive on-condition replacement:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                   Action                                 Labor cost                Parts cost        product
----------------------------------------------------------------------------------------------------------------
Elevator trim tab push-pull rod hardware     5 work-hours x $85 per hour = $425.             $42            $467
 replacement.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition

that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have 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.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends part 39 of the Federal Aviation
Regulations (14 CFR part 39) as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD)
2016-07-24, Amendment 39-18469 (81 FR 21250, April 11, 2016) and adding
the following new AD:

2016-17-08 Textron Aviation, Inc.: Amendment 39-18621; Docket No.
FAA-2016-8992; Directorate Identifier 2016-CE-021-AD.

(a) Effective Date

    This AD is effective September 12, 2016.

(b) Affected ADs

    This AD replaces AD 2016-07-24, Amendment 39-18469 (81 FR 21250,
April 11, 2016) (``AD 2016-07-24'').

(c) Applicability

    This AD applies to Textron Aviation, Inc. Models 310 through
310R, E310H, E310J, T310P through T310R, 310J-1, 320 through 320F,
320-1, 335, 340, 340A, 401 through 401B, 402 through 402C, 411,
411A, 414, 414A, and 421 through 421C airplanes (type certificates
3A10, 3A25, and A7CE previously held by Cessna Aircraft Company),
all serial numbers, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 2731, Elevator Tab Control System.

(e) Unsafe Condition

    This AD supersedes AD 2016-07-24, which required replacement and
repetitive inspections of the hardware securing the elevator trim
tab push-pull rod. This AD retains the actions for AD 2016-07-24 but
revises the repetitive inspection intervals and allows for a longer
bolt for the attachment of the elevator trim tab actuator rod end to
the push-pull tube connection and/or for the elevator trim tab horn
end to the push-pull tube connection. This AD was prompted by
comments indicating difficulties with bolt installation and
requesting a revision to repetitive inspection intervals to coincide
with established inspection intervals. We are issuing this AD to
prevent jamming of the elevator trim tab in a position outside the
normal limits of travel due to the loss of the attachment hardware
connecting the elevator trim tab actuator to the elevator trim tab
push-pull rod, which could result in loss of control.

(f) Actions and Compliance

    Do the actions in paragraphs (f)(1) through (3) of this AD. If
paragraph (f)(1) of this AD has already been done before September
12, 2016 (the effective date of this AD) following either Textron
Aviation, Inc. (Cessna) Multi-engine Service Bulletin (SB) No. MEB-
27-02, dated February 29, 2016 (see paragraph (g) of this AD) or
Textron Aviation, Inc. (Cessna) Multi-engine Service Bulletin (SB)
No. MEB-27-02, Revision 1, dated June 15, 2016, then credit can be
taken and the only required actions are the repetitive actions of
paragraphs (f)(2) and (3) of this AD.
    (1) Within the next 90 days after September 12, 2016 (the
effective date of this AD), replace the elevator trim tab push-pull
rod attachment hardware on the elevator trim tab actuator and the
trim tab ends of the push-pull rod following steps 3 through 6 of
the accomplishment instructions in Textron Aviation, Inc. (Cessna)
Multi-engine Service Bulletin (SB) No. MEB-27-02, Revision 1, dated
June 15, 2016.
    (2) Following the replacement required in paragraph (f)(1) of
this AD or the replacement or previous repetitive general visual
inspection done per AD 2016-07-24, whichever occurs later,
repetitively conduct general visual inspections of the elevator trim
tab push-pull rod attachment hardware on the elevator trim tab
actuator and the trim tab ends of the push-pull rod at intervals not
to exceed 110 hours TIS or 12 months, whichever occurs first. Before
further flight, replace the hardware if necessary following the
Compliance NOTE on page 1 of Textron Aviation, Inc. (Cessna) Multi-
engine Service Bulletin (SB) No. MEB-27-02, Revision 1, dated June
15, 2016.

    Note 1 to paragraph (f)(2) of this AD: The intent is to require
these repetitive inspections during your regular maintenance
schedule.

    (3) After September 12, 2016 (the effective date of this AD),
any time the elevator trim tab push-pull rod attachment hardware on
the elevator trim tab actuator and/or trim tab ends of the push-pull
rod is removed for any reason, discard the old hardware (bolt, nut,
washer and cotter pin) and replace with new hardware following steps
4 and/or step 6 of Textron Aviation, Inc. (Cessna) Multi-engine
Service Bulletin (SB) No. MEB-27-02, Revision 1, dated June 15,
2016.

(g) Credit for Actions Accomplished in Accordance With Previous Service
Information

    This AD allows credit for the actions required in paragraphs
(f)(1) of this AD if done before September 12, 2016 (the effective
date of this AD) following the instructions of Textron Aviation,
Inc. (Cessna) Multi-engine Service Bulletin (SB) No. MEB-27-02,
dated February 29, 2016.

 (h) Special Flight Permit

    Special flight permits are allowed for this AD per 14 CFR 39.23
with the following limitation: Before flight a pre-flight visual
inspection is required of the attachment hardware connecting the
elevator trim tab actuator to the elevator trim tab push-pull rod.
Confirmation of the presence of a castellated nut and cotter pin is
required.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Wichita ACO, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the manager of the
ACO, send it to the attention of the person identified in paragraph
(i) of this AD.
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) AMOCs approved previously for AD 2016-07-24 are valid as
AMOCs for this AD.

 (j) Related Information

    For more information about this AD, contact Adam Hein, Aerospace
Engineer, Wichita Aircraft Certification Office, FAA, 1801 S.
Airport Road, Room 100, Wichita, Kansas 67209; phone: (316) 946-
4116; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (3) The following service information was approved for IBR on
September 12, 2016 (the effective date of this AD).

    (i). Textron Aviation, Inc. (Cessna) Multi-engine Service
Bulletin (SB) No. MEB-27-02, Revision 1, dated June 15, 2016.
    (ii) Reserved.
    (4) For Textron Aviation, Inc. (Cessna) service information
identified in this AD, contact Textron Aviation Customer Service,
P.O. Box 7706, Wichita, Kansas 67277; telephone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
Internet: https://support.cessna.com/custsupt/csupport/newlogin.jsp.
    (5) You may view this service information at the FAA, Small
Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call
(816) 329-4148. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-
2016-8992.
    (6) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri, on August 17, 2016.
Pat Mullen,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-20073 Filed 8-25-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 5 (Friday, January 7, 2011)]
[Notices]
[Pages 1173-1174]
[FR Doc No: 2011-73]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-D-0643]

Draft Guidance for Industry on Electronic Source Documentation in
Clinical Investigations; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of a draft guidance for industry entitled ``Electronic
Source Documentation in Clinical Investigations.'' This document
provides guidance to sponsors, contract research organizations (CROs),
data management centers, and clinical investigators on capturing,
using, and archiving electronic data in FDA-regulated clinical
investigations. It also describes FDA's recommended procedures for
ensuring the reliability, quality, integrity, and traceability of
electronic source data and source records maintained at the site for
FDA inspection.

DATES: Although you can comment on any guidance at any time (see 21 CFR
10.115(g)(5)), to ensure that FDA considers your comments on the draft
guidance before it begins work on the final version of the guidance,
submit electronic or written comments on the draft guidance by April 7,
2011.

ADDRESSES: Submit written requests for single copies of the draft
guidance to the Office of Critical Path Programs, Office of the
Commissioner, Food and Drug Administration, 10903 New Hampshire Ave.,
Bldg. 32, rm. 4173, Silver Spring, MD 20993-0002. Send one self-
addressed adhesive label to assist the office in processing your
requests. See the SUPPLEMENTARY INFORMATION section for electronic
access to the draft guidance document.
    Submit electronic comments on the draft guidance to http://www.regulations.gov. Submit written comments on the draft guidance to
the Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Leonard Sacks, Office of Critical Path
Programs, Food and Drug Administration, 10903 New Hampshire Ave.,
Bldg., 32, rm. 4174, Silver Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a draft guidance for industry
entitled ``Electronic Source Documentation in Clinical
Investigations.'' This guidance is intended to be used together with
the guidances for industry \1\ entitled:
---------------------------------------------------------------------------

    \1\ FDA guidances are available on FDA's Web page at http://www.fda.gov/RegulatoryInformation/Guidances/default.htm. FDA
guidances are issued and updated regularly. We recommend you check
the Web site to ensure that you have the most up-to-date version of
a guidance.
---------------------------------------------------------------------------

     Computerized Systems Used in Clinical Investigations,
     Part 11, Electronic Records; Electronic Signatures--Scope
and Application, and
     General Principles of Software Validation; Final Guidance
for Industry and FDA Staff.
    With the increasing use of computerized systems in clinical
investigations, it is common to find source data documented in an
electronic format, e.g., clinical data initially documented in
electronic health records maintained by hospitals and institutions,
electronic case report forms, laboratory reports that are
electronically generated, electronic medical images from devices, and
electronic diaries provided by study subjects. When paper source
documents are available for review, tracing of data in paper-based
studies can be performed easily. However, when source data is
electronic, the data is traced through complex data capture,
transmission, and archival processes. This guidance recommends
practices that will help ensure that electronic source data and source
records are accurate, legible, original, attributable (e.g., user name
and password), and contemporaneously entered; and meet the regulatory
requirements for recordkeeping and retention.
    The following specific topics related to electronic source data are
discussed:
     The identification of the data element as the basic unit
of information in the electronic case report form;
     The description of a source of each data element;
     Information about the electronic creation, modification,
transmission, and storage of source data and documents;
     Investigator responsibilities with respect to reviewing
and archiving electronic data;
     Transmission of the data to the sponsor and/or other
designated parties; and
     Preservation of data integrity.
    The draft guidance is being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The draft guidance, when
finalized, will represent the Agency's current thinking on capturing,
using, and archiving electronic data in FDA-regulated clinical
investigations. It does not create or confer any rights for or on any
person and does not operate to bind FDA or the public. An alternative
approach may be used if such approach satisfies the requirements of the
applicable statutes and regulations.

II. Comments

    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) electronic or written comments regarding this document.
It is only necessary to send one set of comments. It is no longer
necessary to send two copies of mailed 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.

III. Paperwork Reduction Act of 1995

    This draft guidance refers to previously approved collections of
information found in FDA regulations. These collections of information
are subject to review by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The
collections of information in Sec. Sec.  312.62(b) and 312.64(b) have
been approved under OMB control number 0910-0014; and the collection of
information in Sec. Sec.  812.140 and 812.150 has been approved under
OMB control number 0910-0078.

IV. Electronic Access

    Persons with access to the Internet may obtain the document at
http://www.fda.gov/BiologicsBloodVaccines/GuidanceComplianceRegulatoryInformation/default.htm, http://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm, http://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/default.htm, and http://www.regulations.gov.

    Dated: January 1, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011-73 Filed 1-6-11; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register: December 22, 2009 (Volume 74, Number 244)]
[Notices]
[Page 68058-68059]
[DOCID:fr22de09-37]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9094-6; Docket ID No. EPA-HQ-ORD-2009-0229]

Draft Toxicological Review of Ethyl Tertiary Butyl Ether: In
Support of the Summary Information in the Integrated Risk Information
System (IRIS)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Peer-Review Workshop.

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SUMMARY: EPA is announcing that Eastern Research Group, Inc. (ERG), an
EPA contractor for external scientific peer review, will convene an
independent panel of experts and organize and conduct an external peer-
review workshop to review the external review draft document titled,
``Toxicological Review of Ethyl Tertiary Butyl Ether: In Support of
Summary Information on the Integrated Risk Information System (IRIS)''
(EPA/635/R-08/019A). The draft document was prepared by the National
Center for Environmental Assessment (NCEA) within EPA's Office of
Research and Development. EPA previously announced the 60-day public
comment period (ending October 19, 2009) for the draft document in the
Federal Register on August 20, 2009 (74 FR 42069). EPA will consider
public comments and recommendations from the expert panel workshop as
EPA finalizes the draft document.
    The public comment period and the external peer-review workshop are
separate processes that provide opportunities for all interested
parties to comment on the document. EPA intends to forward public
comments submitted in accordance with the August 20, 2009, Federal
Register notice (74 FR 42069) to ERG for consideration by the external
peer-review panel prior to the workshop.
    EPA is releasing this draft document solely for the purpose of pre-
dissemination peer review under applicable information quality
guidelines. This document has not been formally disseminated by EPA. It
does not represent and should not be construed to represent any Agency
policy or determination.
    ERG invites the public to register to attend this workshop as
observers. In addition, ERG invites the public to give oral and/or
provide written comments at the workshop regarding the draft document
under review. Space is limited, and reservations will be accepted on a
first-come, first-served basis. The draft document and EPA's peer-
review charge are available primarily via the Internet on NCEA's home
page under the Recent Additions and Publications menus at http://
www.epa.gov/ncea. In preparing a final report, EPA will consider ERG's
report of the comments and recommendations from the external peer-
review workshop and any public comments that EPA receives.

DATES: The peer-review panel workshop will held on Tuesday, January 26,
2010, starting at 8:30 a.m. and ending no later than 5 p.m.

ADDRESSES: The peer-review workshop will be held at the Holiday Inn
Capitol, 550 C Street, SW., Washington, DC 20024; phone:<PHONE_NUMBER>.
The EPA contractor, ERG, is organizing, convening, and conducting the
peer-review workshop. To attend the workshop as an observer, register
by Tuesday, January 19, 2010, via the Internet at https://
www2.ergweb.com/projects/conferences/peerreview/register-
etbeworkshop.htm.
    You may also register by e-mailing<EMAIL_ADDRESS>(subject line:
ETBE Workshop); by calling, phone:<PHONE_NUMBER> or toll free at 800-
803-2833 (ask for the ETBE peer review coordinator, Laurie Waite); or
by faxing a registration request to<PHONE_NUMBER> (please reference the
``ETBE Workshop'' and include your name, title, affiliation, full
address, and contact information).
    The draft ``Toxicological Review of Ethyl Tertiary Butyl Ether: In
Support of Summary Information on the Integrated Risk Information
System (IRIS)'' is available primarily via the Internet on the National
Center for Environmental Assessment's home page under the Recent
Additions and Publications menus at http://www.epa.gov/ncea. A limited
number of paper copies are available from the Information Management
Team, NCEA; telephone:<PHONE_NUMBER>; facsimile:<PHONE_NUMBER>. If you
are requesting a paper copy, please provide your name, mailing address,
and the document title, ``Toxicological Review of Ethyl Tertiary Butyl
Ether: In Support of Summary Information on the Integrated Risk
Information System (IRIS).'' Copies are not available from ERG.
    Information on Services for Individuals with Disabilities: EPA
welcomes public attendance at the Ethyl Tertiary Butyl Ether Peer-
Review Workshop and will make every effort to accommodate persons with
disabilities. For information on access or services for individuals
with disabilities, please contact ERG, 110 Hartwell Avenue, Lexington,
MA 02421-3136; telephone:<PHONE_NUMBER>; facsimile: 781-674-

2906; or e-mail<EMAIL_ADDRESS>(subject line: ETBE Workshop)
preferably at least 10 days prior to the meeting, to give as much time
as possible to process your request.

FOR FURTHER INFORMATION CONTACT: Questions regarding information,
registration, access or services for individuals with disabilities, or
logistics for the external peer-review workshop should be directed to
ERG, 110 Hartwell Avenue, Lexington, MA 02421-3136; by e-mail:
<EMAIL_ADDRESS>or by phone:<PHONE_NUMBER>. To request accommodation
of a disability, please contact the ETBE Coordinator, Laurie Waite, of
ERG, preferably at least 10 days prior to the meeting, to give as much
time as possible to process your request.
    If you have questions about the document, contact Scott
Wesselkamper, National Center for Environmental Assessment, 26 West
Martin Luther King, MS A-110, Cincinnati, Ohio 45268; telephone: 513-
569-7256; or e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Information about IRIS

    IRIS is a database that contains information about potential
adverse human health effects that may result from chronic (or lifetime)
exposure to specific chemical substances found in the environment. The
database (available on the Internet at http://www.epa.gov/iris)
contains qualitative and quantitative health effects information for
more than 540 chemical substances that may be used to support the first
two steps (hazard identification and dose-response evaluation) of a
risk assessment process. When supported by available data, the database
provides oral reference doses (RfDs) and inhalation reference
concentrations (RfCs) for chronic health effects, and oral slope
factors and inhalation unit risks for carcinogenic effects. Combined
with specific exposure information, government and private entities can
use IRIS data to help characterize public health risks of chemical
substances in a site-specific situation and thereby support risk
management decisions designed to protect public health.

    Dated: December 15, 2009.
Rebecca Clark,
Acting Director, National Center for Environmental Assessment.
[FR Doc. E9-30385 Filed 12-21-09; 8:45 am]

BILLING CODE 6560-50-P


PLACEHOLDER: This document contains Confidential Business Information ( CBI) and is therefore in the confidential portion of the docket.

POC: Marta Montoro, 202 343 9321


[Federal Register Volume 84, Number 74 (Wednesday, April 17, 2019)]
[Rules and Regulations]
[Pages 15956-15959]
[FR Doc No: 2019-07713]

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

Coast Guard

33 CFR Part 100

[Docket Number USCG-2019-0205]
RIN 1625-AA08

Special Local Regulation; Lake of the Ozarks, Village of Four
Seasons, MO

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary special local
regulation for certain waters of the Osage Arm of the Lake of the
Ozarks from mile marker (MM) 5 to MM 9 in Village of Four Seasons, MO.
This special local regulation is necessary to protect the public,
participants, spectators, and the marine environment from potential
hazards during the Lake Race 2019. Entry of persons or vessels into
this regulated area is prohibited unless authorized by the Captain of
the Port Sector Upper Mississippi River or a designated representative.

DATES: This rule is effective from 8 a.m. through 6 p.m. on June 1,
2019.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2019-0205 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 Lieutenant Commander Christian Barger, Waterways
Management Division, Sector Upper Mississippi River, U.S. Coast Guard;
telephone<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Upper Mississippi River

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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)(3)(B), the Coast Guard finds that
good cause exists for not publishing an NPRM with respect to this rule
because it is impracticable. This special local regulation must be
established by June 1, 2019 and we lack sufficient time to provide a
reasonable comment period and then consider those comments before
issuing this rule. Additionally, this is an annually recurring event
that is well known and publicized in the area. The NPRM process would
delay the establishment of the special local regulation until after the
scheduled date of the power boat race and compromise public safety.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The COTP has determined that potential hazards associated with
the Lake Race 2019 occurring on June 1, 2019 will be a safety concern
for persons and vessels within a four mile stretch of the Osage Arm of
the Lake of the Ozarks. The purpose of this rule is to ensure safety of
the public, participants, spectators, and the marine environment in the
regulated area during the Lake Race 2019 event.

IV. Discussion of the Rule

    This rule establishes a temporary special local regulation from 8
a.m. through 6 p.m. on June 1, 2019 on all navigable waters of the
Osage arm of the Lake of the Ozarks from MM 5 to MM 9 in Village of
Four Seasons, MO. The duration of the special local regulation is
intended to protect the public from the power boat race during the
event. No vessel or person is permitted to enter the regulated area
without obtaining permission from the COTP or a designated
representative. A designated representative may be a Patrol Commander
(PATCOM). The PATCOM may be aboard either a Coast Guard or Coast Guard
Auxiliary vessel. The PATCOM may be contacted on Channel 16 VHF-FM
(156.8 MHz) by the call sign ``PATCOM''.
    All persons and vessels not registered with the sponsor as
participants or official patrol vessels are considered spectators. The
``official patrol vessels'' consist of any Coast Guard, state, or local
law enforcement and sponsor provided vessels assigned or approved by
the COTP or a designated representative to patrol the regulated area.
    Spectator vessels desiring to enter, transit through or within, or
exit the regulated area may do so only with permission from the COTP or
a designated representative, and when permitted, must operate at a
minimum safe navigation speed in a manner which will not endanger
participants in the regulated area or any other vessels. No spectator
vessel shall anchor, block, loiter, or impede the through transit of
participants or official patrol vessels in the regulated area during
the effective dates and times, unless cleared for entry by or through
an official patrol vessel. Any spectator vessel may anchor outside the
regulated area, but may not anchor in, block, or loiter in a navigable
channel. Spectator vessels may be moored to a waterfront facility
within the regulated area in such a way that they shall not interfere
with the progress of the event. Such mooring must be complete at least
30 minutes prior to the establishment of the regulated area and remain
moored through the duration of the event.
    The COTP or a designated representative may forbid and control the
movement of all vessels in the regulated area. When hailed or signaled
by an official patrol vessel, a vessel shall come to an immediate stop
and comply with the directions given. Failure to do so may result in
expulsion from the area, citation for failure to comply, or both.
    The COTP or a designated representative may terminate the event or
the operation of any vessel at any time it is deemed necessary for the
protection of life or property. The COTP or a designated representative
will terminate enforcement of the special local regulations at the
conclusion of the event.
    The COTP or a designated representative will inform the public of
the enforcement times and date for this regulated area through Local
Notices to Mariners (LNMs) and/or Marine Safety Information Bulletins
(MSIBs) as appropriate.

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 size,
location, duration, and time-of-day for the special local regulation.
This special local regulation covers a four mile stretch of the arm of
the Osage Arm of the Lake of the Ozarks for ten hours on one day.
Moreover, the Coast Guard will publish details of this event in the LNM
so that waterway users may plan accordingly for transits during this
restriction, and the rule allows vessels to seek permission from the
COTP or a designated representative to enter the regulated area.

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 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.
    While some owners or operators of vessels intending to transit the
regulated area may be 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 above.

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
a special local regulation lasting ten hours on a four mile stretch of
the Osage Arm of the Lake of the Ozarks. It is categorically excluded
from further review under paragraph L61 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 100

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

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.

0
2. Add Sec.  100.T08-0205 to read as follows:

Sec.  100.T08-0205   Special Local Regulation; Lake of the Ozarks,
Village of Four Seasons, MO.

    (a) Location. The following area is a special local regulation: All
navigable waters of the Osage Arm of the Lake of the Ozarks from mile
marker (MM) 5 to MM 9 in the Village of Four Seasons, MO.
    (b) Effective period. This section is effective from 8 a.m. through
6 p.m. on June 1, 2019.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  100.35, entry into this regulated area is prohibited unless
authorized by the Captain of the Port Sector Upper Mississippi River
(COTP) or a designated representative. A designated representative may
be a Patrol Commander (PATCOM). The PATCOM may be aboard either a Coast
Guard or Coast Guard Auxiliary vessel. The PATCOM may be contacted on
Channel 16 VHF-FM (156.8 MHz) by the call sign ``PATCOM'' or by calling
(314) 269-2332.
    (2) All persons and vessels not registered with the sponsor as
participants or official patrol vessels are considered spectators. The
``official patrol vessels'' consist of any Coast Guard, state, or local
law enforcement and sponsor provided vessels assigned or approved by
the COTP or a designated representative to patrol the regulated area.
    (3) Spectator vessels desiring to transit the regulated area may do
so only with prior approval of the COTP or a designated representative
and when so directed by that officer will be operated at a minimum safe
navigation speed in a manner which will not endanger participants in
the regulated area or any other vessels.
    (4) No spectator vessel shall anchor, block, loiter, or impede the
through transit of participants or official patrol vessels in the
regulated area during the effective dates and times, unless cleared for
entry by or through an official patrol vessel.
    (5) Spectator vessels may anchor outside the regulated area, but
may not anchor in, block, or loiter in a navigable channel. Spectator
vessels may be moored to a waterfront facility within the regulated
area in such a way that they shall not interfere with the progress of
the event. Such mooring must be complete at least 30 minutes prior to
the establishment of the regulated area and remain moored through the
duration of the event.
    (6) The COTP or a designated representative may forbid and control
the movement of all vessels in the regulated area. When hailed or
signaled by an official patrol vessel, a vessel shall

come to an immediate stop and comply with the directions given. Failure
to do so may result in expulsion from the area, citation for failure to
comply, or both.
    (7) The COTP or a designated representative may terminate the event
or the operation of any vessel at any time it is deemed necessary for
the protection of life or property.
    (8) The COTP or a designated representative will terminate
enforcement of the special local regulations at the conclusion of the
event.
    (d) Information broadcasts. The COTP or a designated representative
will inform the public of the enforcement times and date for this
regulated area through Local Notices to Mariners (LNMs), and/or Marine
Safety Information Broadcasts (MSIBs) as appropriate.

S.A. Stoermer,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi
River.
[FR Doc. 2019-07713 Filed 4-16-19; 8:45 am]
 BILLING CODE 9110-04-P