[Federal Register Volume 79, Number 52 (Tuesday, March 18, 2014)]
[Proposed Rules]
[Pages 15071-15074]
[FR Doc No: 2014-05864]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2014-0073]
RIN 1625-AA08

Special Local Regulation; 38th Annual Swim Around Key West,
Atlantic Ocean and Gulf of Mexico; Key West, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a special local
regulation on the waters of the Atlantic Ocean and the Gulf of Mexico
surrounding the island of Key West, Florida during the 38th Annual Swim
around Key West on June 28, 2014. The event entails a large number of
participants who will begin at Smather's Beach and swim one full circle
clockwise around the island of Key West. The proposed special local
regulation is necessary to provide for the safety of the spectators,
participants, participating support vessels and kayaks, and the general
public during the event. The proposed special local regulation will
consist of a moving area that will temporarily restrict vessel traffic
in a portion of both the Atlantic Ocean and the Gulf of Mexico, and
will prevent non-participant vessels from entering, transiting through,
anchoring in, or remaining within the area unless authorized by the
Captain of the Port Key West or a designated representative.

DATES: Comments and related material must be received by the Coast
Guard on or before April 17, 2014.

ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is<PHONE_NUMBER>.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this Notice
of Proposed Rulemaking, call or email Marine Science Technician First
Class Ian G. Bowes, Sector Key West Prevention Department, U.S. Coast
Guard; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>If you
have questions on viewing the docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Public Participation and Request for Comments

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

1. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
type the docket number USCG-2014-0073 in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to

know that they reached the Facility, please enclose a stamped, self-
addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number USCG-2014-0073 in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590-0001,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.

3. Privacy Act

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

4. Public Meeting

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

B. Basis and Purpose

    The legal basis for the proposed rule is the Coast Guard's
authority to establish special local regulations: 33 U.S.C. 1233. The
purpose of the proposed rule is to protect race participants,
participant vessels, spectators, and the general public from the
hazards associated with the event.

C. Discussion of Proposed Rule

    The 38th Annual Swim around Key West will take place on June 28,
2014. The event entails a large number of participants who will begin
at Smather's Beach and swim one full circle clockwise around the island
of Key West. The proposed special local regulation encompasses certain
waters of the Atlantic Ocean and Gulf of Mexico. The special local
regulation will be enforced on Saturday, June 28, 2014 from 7:30 a.m.
until 3:30 p.m. It consists of a moving race area where all persons and
vessels, except those participating in the race or serving as safety
vessels, are prohibited from entering, transiting through, anchoring
in, or remaining within these areas unless authorized by the Captain of
the Port Key West or a designated representative. The race area will
commence at Smather's Beach at 7:30 a.m., transit west to the area
offshore of Fort Zach State Park, north through Key West Harbor, east
through Fleming Cut, south on Cow Key Channel and west back to origin.
Safety vessels will precede the first participating swimmers and follow
the last participating swimmers. This event poses significant risks to
participants, spectators, and the boating public because of the large
number of swimmers and recreational vessels that are expected in the
area of the event. The proposed special local regulation is necessary
to ensure the safety of participants, spectators, and vessels from the
hazards associated with the event.
    The proposed special local regulation will be enforced from 7:30
a.m. to 3:30 p.m. on June 28, 2014. Persons and vessels who are neither
participating in the race nor serving as safety vessels may not enter,
transit through, anchor in, or remain within the regulated area unless
authorized by the Captain of the Port Key West or a designated
representative.
    Persons and vessels desiring to enter, transit through, anchor in,
or remain within the regulated area may contact the Captain of the Port
Key West by telephone at<PHONE_NUMBER>, or a designated representative
via VHF radio on channel 16, to request authorization. If authorization
to enter, transit through, anchor in, or remain within regulated area
is granted by the Captain of the Port Key West or a designated
representative, all persons and vessels receiving such authorization
must comply with the instructions of the Captain of the Port Key West
or a designated representative. The Coast Guard will provide notice of
the special local regulation by Local Notice to Mariners, Broadcast
Notice to Mariners, and on-scene designated representatives.

D. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 14 of these statutes or executive orders.

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    The economic impact of this proposed rule is not significant for
the following reasons: (1) The special local regulation will only be
enforced for eight hours; (2) vessel traffic in the area is expected to
be minimal during the enforcement period; (3) although persons and
vessels will not be able to enter, transit through, anchor in, or
remain within the safety zone without authorization from the Captain of
the Port Key West or a designated representative, they may operate in
the surrounding area during the enforcement period; (4) persons and
vessels may still enter, transit through, anchor in, or remain within
the safety zone if authorized by the Captain of the Port Key West or a
designated representative; and (5) the Coast Guard will provide advance
notification of the special local regulation to the local maritime
community by Local Notice to Mariners and Broadcast Notice to Mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule will not have a significant economic impact on a substantial
number of small entities. This proposed rule may affect the following
entities, some of which may be small entities: The owners or operators
of vessels intending to enter, transit through, anchor in, or remain
within that portion of the Atlantic Ocean and the Gulf of Mexico
encompassed within the special local regulation from 7:30 a.m. until
3:30 p.m. on June 28, 2014. For the reasons discussed in the Regulatory
Planning and Review section above, this proposed rule will not have a
significant

economic impact on a substantial number of small entities.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rulemaking would
have a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rulemaking would economically affect it.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rulemaking 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 above. The Coast Guard will not retaliate
against small entities that question or complain about this proposed
rule or any policy or action of the Coast Guard.

4. Collection of Information

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

5. Federalism

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

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

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

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

13. Technical Standards

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

14. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This proposed rule is categorically excluded, under Figure
2-1, paragraph (34)(g), of the Instruction. This proposed rule involves
establishing a special local regulation that will be enforced for a
total of eight hours. An environmental analysis checklist and a
categorical exclusion determination are available in the docket where
indicated under ADDRESSES.

List of Subjects in 33 CFR Part 100

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
    For the reasons discussed in the preamble, the Coast Guard propses
to amend 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:  33 U.S.C. 1233.
0
2. Add a temporary Sec.  100.T07-0073 to read as follows:

 Sec.  100.T07-0073  Special Local Regulation; 38th Annual Swim around
Key West, Atlantic Ocean and Gulf of Mexico; Key West.

    (a) Regulated area. The following regulated area is established as
a special local regulation. All waters within a moving zone, beginning
at Smather's Beach in Key West, FL. The regulated area will move, west
to the area offshore of Fort Zach State Park, north through Key West
Harbor, east through Fleming Cut, south on Cow Key Channel and west
back to origin. The center of the regulated area will at all times
remain approximately 50 yards offshore of the island of Key West;
extend 50 yards in front of the lead safety vessel preceding the first
race participants; extend 50 yards behind the safety vessel trailing
the last race participants; and at all

times extend 100 yards on either side of the race participants and
safety vessels.
    (b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Key West in the enforcement of the regulated area.
    (c) Regulations.
    (1) All persons and vessels are prohibited from entering,
transiting through, anchoring in, or remaining within the regulated
area unless authorized by the Captain of the Port Key West or a
designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the Captain of the
Port Key West by telephone at<PHONE_NUMBER>, or a designated
representative via VHF radio on channel 16, to request authorization.
If authorization to enter, transit through, anchor in, or remain within
the regulated area is granted by the Captain of the Port Key West or a
designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Key West or a designated representative.
    (3) The Coast Guard will provide notice of the regulated area by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
    (d) Effective date. This rule is effective from 7:30 a.m. until
3:30 p.m. on June 28, 2014.

    Dated: February 24, 2014.
A. S. Young Sr.,
Captain, U.S. Coast Guard, Captain of the Port Key West.
[FR Doc. 2014-05864 Filed 3-17-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 83, Number 36 (Thursday, February 22, 2018)]
[Notices]
[Page 7835]
[FR Doc No: 2018-03658]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Public Notice for Waiver of Aeronautical Land Use Assurance;
Great Falls International Airport, Great Falls, MT

AGENCY: Federal Aviation Administration, (FAA), DOT.

ACTION: Notice.

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SUMMARY: Notice is being given that the FAA is considering a proposal
from the Great Falls International Airport Authority to change certain
portions of the airport from aeronautical use to non-aeronautical use
at the Great Falls International Airport, Great Falls, MT. The proposal
consists of 5 acres of surplus property shown on the Airport's Exhibit
``A'' as the portion of Parcel 4 east of the airport's access road.

DATES: Comments must be received by March 26, 2018.

ADDRESSES: Comments on this application may be mailed or delivered to
the FAA at the following address: Mr. William C. Garrison, Manager,
Federal Aviation Administration, Northwest Mountain Region, Airports
Division, Helena Airports District Office, 2725 Skyway Drive, Suite 2,
Helena, Montana 59602.

FOR FURTHER INFORMATION CONTACT: Mr. Joe Nye, Civil Engineer, Federal
Aviation Administration, Northwest Mountain Region, Helena Airports
District Office, 2725 Skyway Drive, Suite 2, Helena, MT 59602-1213.
    The request to release deed restrictions may be reviewed, by
appointment, in person at the same location.

SUPPLEMENTARY INFORMATION: The FAA invites public comment on the
request to release the aeronautical use restriction of 5 acres at the
Great Falls International Airport under the provisions of Title 49,
U.S.C. Section 47153(c) and 47107(h)2.
    The Great Falls International Airport Authority, referred to herein
as the Authority, has requested release from the aeronautical use
restrictions assigned to 5 acres donated by the U.S. Government as
surplus property in 1948.
    The 5 acres are a fragment of a larger 780-acre parcel identified
on the Airport's Exhibit A as Parcel 4. The 5 acres proposed for non-
aeronautical use are isolated from the airfield by the airport entry
road to the south and west. The Authority has identified these 5 acres
as no longer needed for aeronautical purposes.
    The Authority proposes to lease the property for the construction
and operation of a fueling station and restaurant. The revenue from the
lease of this property will be used for airport purposes. The proposed
use of this property is compatible with other airport operations and is
in accordance with FAA's Policy and Procedures Concerning the Use of
Airport Revenue, published in Federal Register on February 16, 1999.
    Any person may inspect the request in person at the FAA office
listed above under FOR FURTHER INFORMATION CONTACT.

    Issued in Helena, Montana, on February 14, 2018.
William C. Garrison,
Manager, Helena Airports District Office.
[FR Doc. 2018-03658 Filed 2-21-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 227 (Monday, November 26, 2012)]
[Notices]
[Pages 70432-70433]
[FR Doc No: 2012-28471]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. OR13-7-000]

Enterprise Liquids Pipeline LLC; Notice of Petition for
Declaratory Order

    Take notice that on November 14, 2012, pursuant to Rule 207(a)(2)
of the Commission's Rules of Practices and Procedure, 18 CFR
385.207(a)(2)(2012), Enterprise Liquids Pipeline LLC, filed a petition
seeking a declaratory order approving the rate structures, services and
prorationing terms, as more fully explained in its petition.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests 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. Any person wishing to become a party must file a notice of

intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions 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 or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line 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 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>.
    Comment Date: 5:00 p.m. Eastern time on Tuesday, December 4, 2012

    Dated: November 15, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-28471 Filed 11-23-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 12 (Thursday, January 18, 2018)]
[Notices]
[Pages 2676-2677]
[FR Doc No: 2018-00731]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2011-0027]

Respiratory Protection Standard; Extension of the Office of
Management and Budget's (OMB) Approval of Information Collection
(Paperwork) Requirements

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

ACTION: Request for public comments.

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SUMMARY: OSHA solicits public comments concerning its proposal to
extend OMB approval of the information collection requirements
specified by the Respiratory Protection Standard.

DATES: Comments must be submitted (postmarked, sent, or received) by
March 19, 2018.

ADDRESSES: Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
    Facsimile: If your comments, including attachments, are not longer
than 10 pages you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit a copy of your comments and
attachments to the OSHA Docket Office, Docket No. OSHA-2011-0027, U.S.
Department of Labor, Occupational Safety and Health Administration,
Room N-3653, 200 Constitution Avenue NW, Washington, DC 20210.
Deliveries (hand, express mail, messenger, and courier service) are
accepted during the Docket Office's normal business hours, 10:00 a.m.
to 3:00 p.m., ET.
    Instructions: All submissions must include the Agency name and the
OSHA docket number (OSHA-2011-0027) for the Information Collection
Request (ICR). All comments, including any personal information you
provide, are placed in the public docket without change, and may be
made available online at http://www.regulations.gov. For further
information on submitting comments, see the ``Public Participation''
heading in the section of this notice titled SUPPLEMENTARY INFORMATION.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the above address. All documents in the docket (including this Federal
Register notice) are listed in the http://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download from the website. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You may also contact Theda Kenney at
the address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Charles McCormick or Theda Kenney,
Directorate of Standards and Guidance, OSHA, U.S. Department of Labor,
Room N-3609, 200 Constitution Avenue NW., Washington, DC 20210;
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of its continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accordance with the Paperwork Reduction Act
of 1995 (PRA-95) (44 U.S.C. 3506(c)(2)(A)). This program ensures that
information is in the desired format, reporting burden (time and costs)
is minimal, collection instruments are clearly understood, and OSHA's
estimate of the information collection burden is accurate. The
Occupational Safety and Health Act of 1970 (the OSH Act) (29 U.S.C. 651
et seq.) authorizes information collection by employers as necessary or
appropriate for enforcement of the Act or for developing information
regarding the causes and prevention of occupational injuries,
illnesses, and accidents (29 U.S.C. 657). The OSH Act also requires
that OSHA obtain such information with minimum burden upon employers,
especially those operating small businesses, and to reduce to the
maximum extent feasible unnecessary duplication of efforts in obtaining
information (29 U.S.C. 657).
    The Respiratory Protection Standard (29 CFR 1910.134; hereafter,
``the Standard'') contains information collection requirements that
require employers to: develop a written respirator program; conduct
worker medical evaluations and provide follow-up medical evaluations to
determine the worker's ability to use a respirator; provide the
physician or other licensed healthcare professional with information
about the worker's respirator and the conditions under

which the worker will use the respirator; and administer fit tests for
workers who will use negative- or positive-pressure, tight-fitting
facepieces. In addition, employers must ensure that workers store
emergency-use respirators in compartments clearly marked as containing
emergency-use respirators. For respirators maintained for emergency
use, employers must label or tag the respirator with a certificate
stating the date of the inspection, the name of the individual who did
the inspection, the findings of the inspection, required remedial
action, and the identity of the respirator.
    The Standard also requires employers to ensure that cylinders used
to supply breathing air to respirators have a certificate of analysis
from the supplier stating that the breathing air meets the requirements
for Type 1--Grade D breathing air; such certification assures employers
that the purchased breathing air is safe. Compressors used to supply
breathing air to respirators must have a tag containing the most recent
change date and the signature of the individual authorized by the
employer to perform the change. Employers must maintain this tag at the
compressor. These tags provide assurance that the compressors are
functioning properly.

II. Special Issues for Comment

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

III. Proposed Actions

    OSHA is requesting that OMB extend its approval of the information
collection requirements contained in the Respiratory Protection
Standard (29 CFR 1910.134). The Agency is requesting an adjustment
increase in the number of burden hours from 6,642,537 to 7,622,100
hours, a total increase of 979,563 burden hours. This increase is based
on updated data showing an increase in the number of covered
establishments. In addition, OSHA is requesting an adjustment increase
of $139,348,226 in operation and maintenance costs (from $232,934,143
to $372,282,369) associated with increased estimated costs for employee
medical exams, fit-testing materials and fit-tests. The Agency will
summarize the comments submitted in response to this notice and will
include this summary in the request to OMB.
    Type of Review: Extension of a currently approved collection.
    Title: Respiratory Protection Standard (29 CFR 1910.134).
    OMB Control Number: 1218-0099.
    Affected Public: Business or other for-profits.
    Number of Respondents: 631,607.
    Frequency of Responses: Initially; Annually; On occasion.
    Total Responses: 25,621,506.
    Average Time per Response: Varies from 5 minutes (.08 hour) to mark
a storage compartment or protective cover to 8 hours for large
employers to gather and prepare information to develop a written plan.
    Estimated Total Burden Hours: 7,622,100.
    Estimated Cost (Operation and Maintenance): $372,282,369.

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

    You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (fax); or (3) by hard copy. All
comments, attachments, and other material must identify the Agency name
and the OSHA docket number (Docket No. OSHA-2011-0027) for the ICR. You
may supplement electronic submissions by uploading document files
electronically. If you wish to mail additional materials in reference
to an electronic or facsimile submission, you must submit them to the
OSHA Docket Office (see the section of this notice titled ADDRESSES).
The additional materials must clearly identify your electronic comments
by your name, date, and the docket number so the Agency can attach them
to your comments.
    Because of security procedures, the use of regular mail may cause a
significant delay in the receipt of comments. For information about
security procedures concerning the delivery of materials by hand,
express delivery, messenger, or courier service, please contact the
OSHA Docket Office at<PHONE_NUMBER>, (TTY<PHONE_NUMBER>).
    Comments and submissions are posted without change at http://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as social security numbers and
date of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download from this
website. All submissions, including copyrighted material, are available
for inspection and copying at the OSHA Docket Office. Information on
using the http://www.regulations.gov website to submit comments and
access the docket is available at the website's ``User Tips'' link.
Contact the OSHA Docket Office for information about materials not
available from the website, and for assistance in using the internet to
locate docket submissions.

V. Authority and Signature

    Loren Sweatt, Deputy Assistant Secretary of Labor for Occupational
Safety and Health, directed the preparation of this notice. The
authority for this notice is the Paperwork Reduction Act of 1995 (44
U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 1-2012 (77 FR
3912).

    Signed at Washington, DC, on January 11, 2018.
Loren Sweatt,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2018-00731 Filed 1-17-18; 8:45 am]
 BILLING CODE 4510-26-P


[Federal Register Volume 87, Number 40 (Tuesday, March 1, 2022)]
[Notices]
[Pages 11505-11507]
[FR Doc No: 2022-04255]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2021-0172]

Commercial Driver's License Skills Testing: Application for
Exemption; American Association of Motor Vehicle Administrators (AAMVA)

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

ACTION: Notice of final disposition; grant of application for
exemption.

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SUMMARY: FMCSA announces its decision to grant the exemption request of
the American Association of Motor Vehicle Administrators (AAMVA). AAMVA
requested a multi-year exemption on behalf of the State Driver
Licensing Agencies (SDLAs) in Maryland, New Hampshire, and Virginia to
allow the three States to continue using revised Commercial Driver's
License (CDL) pre-trip vehicle inspection and revised control skills
test procedures following the completion of field tests conducted under
a waiver granted by the Federal Motor Carrier Safety Administration
(FMCSA). AAMVA believes that the requested exemption would enable these
States to continue operating under the pilot model without the burden
of reverting to the current CDL test model generating costs and delays
associated with the re-configuration of testing locations and
retraining of CDL test examiners. FMCSA has analyzed the exemption
application and the public comments and has determined that the
exemption, subject to the terms and conditions imposed, will achieve a
level of safety that is equivalent to, or greater than, the level that
would be achieved absent such exemption.

DATES: The exemption is effective February 22, 2022, and expires on
February 22, 2027.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; Telephone:<PHONE_NUMBER>. Email: [email protected]. If you
have questions on viewing or submitting material to the docket, contact
Docket Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

Viewing Comments and Documents

    To view comments, go to www.regulations.gov, insert the docket
number ``FMCSA-2021-0172'' in the keyword box, and click ``Search.''
Next, sort the results by ``Posted (Newer-Older),'' choose the first
notice listed, click ``Browse Comments.''
    To view documents mentioned in this notice as being available in
the docket, go to www.regulations.gov, insert the docket number
``FMCSA-2021-0172'' in the keyword box, click ``Search,'' and chose the
document to review.
    If you do not have access to the internet, you may view the docket
online by visiting Dockets Operations in Room W12-140 on the ground
floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington,
DC 20590, between 9 a.m. and 5 p.m., ET, Monday through Friday, except
Federal holidays. To be sure someone is there to help you, please call
(202) 366-9317 or<PHONE_NUMBER> before visiting Dockets Operations.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant
exemptions from certain Federal Motor Carrier Safety Regulations
(FMCSRs). FMCSA must publish a notice of each exemption request in the
Federal Register (49 CFR 381.315(a)). The Agency must provide the
public an opportunity to inspect the information relevant to the
application, including any safety analyses that have been conducted.
The Agency must also provide an opportunity for public comment on the
request.
    FMCSA reviews safety analyses and public comments submitted to the
Agency and determines whether granting the exemption would likely
achieve a level of safety equivalent to, or greater than, the level
that would be achieved by the current regulation (49 CFR 381.305). The
Agency's decision must be published in the Federal Register (49 CFR
381.315(b)) with the reasons for denying or granting the application
and, if granted, the name of the person or class of persons receiving
the exemption, and the regulatory provision from which the exemption is
granted. The notice must also specify the effective period (up to 5
years) and explain the terms and conditions of the exemption. The
exemption may be renewed (49 CFR 381.300(b)).

III. Background

Current Regulatory Requirements

    The CDL requirements in 49 CFR part 383, subpart G, Required
Knowledge and Skills, specifically section 49 CFR 383.133(c)(1) and
(2), require the following: Test methods: (1) A State must develop,
administer and score the skills tests based solely on the information
and standards contained in the driver and examiner manuals referred to
in Sec.  383.131(a) and (b); and (2) a State must use the standardized
scores and instructions for administering the tests contained in the
examiner manual referred to in Sec.  383.131(b).

Applicant's Request

    On October 25, 2021, the American Association of Motor Vehicle
Administrators (AAMVA) requested that FMCSA consider granting SDLAs in
Maryland, New Hampshire, and Virginia (the pilot States) a multi-year
exemption to allow these States to continue using revised CDL vehicle
inspection and revised control skills procedures they had previously
evaluated during field tests covered by a waiver from FMCSA. The
requested exemption would permit these States to continue CDL testing
without the burden of reverting back to the older CDL test model which
would generate costs and delays associated with re-configuration of
testing locations and retraining of CDL test examiners.
    Previously, AAMVA requested a 90-day waiver from 49 CFR 383.133 to
enable the pilot States to complete field tests of the new CDL skills
test procedures. FMCSA determined that the waiver achieved an
equivalent level of safety to the current regulations and therefore
granted the request for the period of June 1, 2021, through September
1, 2021, for the first round of field tests; the Agency granted a
separate waiver to cover additional field tests through December 1,
2021. FMCSA subsequently granted another waiver, effective through
February 22, 2022, to avoid requiring the three States to revert to the
current skills test procedures while the Agency considered the multi-
year exemption.
    In its current request, AAMVA is seeking a multi-year exemption to
allow Maryland, New Hampshire, and Virginia to continue using the
revised CDL vehicle inspection and revised control skills procedures
once the field test waiver period has concluded. According to AAMVA,
this exemption would permit the pilot States to continue CDL testing
without the burden of reverting back to the older

CDL test model which would generate costs and delays associated with
re-configuration of testing locations and retraining of CDL examiners.
    AAMVA notes that it would seem a sound action to allow the pilot
States to continue operating under the pilot model, and this exemption
period, if granted, would also allow continued use of the revised
testing system while AAMVA and FMCSA analyze the field test results and
determine if any additional adjustments warrant further review by the
Agency and testing by these pilot States. If the Agency adopts the
modernized test, this exemption will minimize the back-and-forth and
confusion of rotating between CDL test models in the pilot States, and
if the FMCSA does not accept the modernized test, the States would
revert to the current system and will require up to 30 days to
transition and notify industry of the return to the current CDL test
model.

IV. Method To Ensure an Equivalent or Greater Level of Safety

    In granting AAMVA's original waiver request from 49 CFR 383.133,
FMCSA determined that a waiver of the traditional pre-trip inspection
and basic vehicle control skills testing requirements would not have an
adverse impact on safety because the revised skills test would provide
a comparable level of rigor as the current tests to ensure that
participating CDL applicants demonstrate a level of knowledge and
skills required to operate CMVs safely. The tests would be administered
in a controlled setting, located within the pilot States' skills
testing facilities. All other safety requirements, such as requiring
the applicant to pass the traditional on-road test segment of the
skills test, would continue to apply. In addition, the pilot States
would be allowed to administer the revised examinations only to
applicants who are domiciled in their respective States. The pilot
States would continue to be prohibited from issuing CDLs to field test
applicants unless the applicant passes all the required segments of the
skills test. Collectively, these measures help ensure the requisite
level of safety is achieved.

V. Public Comments

    On December 9, 2021, published notice of this application and
requested public comment [86 FR 70161]. The Agency received two
comments supporting the AAMVA request; no comments were filed in
opposition. The Commercial Vehicle Training Association (CVTA) stated
that the exemption would provide a stable field-testing environment
while the modernized framework is developed, analyzed, and adjusted as
needed. CVTA added that as noted in the 90-day waiver determination
previously issued by the FMCSA on August 31, the revised CDL vehicle
inspection and revised control skills testing protocol, combined with
the conditions set forth in the Agency's waiver determination achieve a
level of safety equivalent to testing under existing protocols. CVTA
added that it would be prudent to allow the pilot states to continue
operating under the pilot model, as the exemption period would also
allow for continued use of the revised testing system while AAMVA and
FMCSA analyze the field test results and determine if any additional
adjustments warrant further review by the Agency and testing by these
pilot states.
    The Virginia Department of Motor Vehicles (VA DMV) echoed support:

    The VA DMV currently has four test sites participating in the
modified CDL testing program. The preliminary data is positive, and
VA DMV hopes to have the opportunity to continue to collect all
relevant data for use by FMCSA in making future determinations
regarding CDL testing. Pursuant to VA DMV's participation in the
pilot program, valuable information has been gathered on these
modernized CDL testing procedures. To date, these field-testing
operations have gone smoothly, and VA DMV continues to receive
positive feedback from our participation. Accordingly, VA DMV
believes that further implementation of the modernized CDL testing
procedures should be considered as part of this pilot program and
beyond.

VI. FMCSA Safety Analysis and Decision

    FMCSA has evaluated the AAMVA application and the public comments
and decided to grant the exemption. The Agency had originally provided
AAMVA waivers to support two phases of data collection through December
1, 2021. As discussed above, an additional waiver was provided to avoid
requiring the pilot States to revert to the current test procedure
while the Agency considered AAMVA's exemption application. This waiver
provided regulatory relief through February 22, 2022. In reviewing
AAMVA's waiver request, FMCSA evaluated 49 CFR 383.133 and determined
that a waiver of the traditional pre-trip vehicle inspection and basic
vehicle control skills testing requirements would not have an adverse
impact on safety because applicants will continue to be required to
pass the revised version of the pre-trip inspection and basic vehicle
control skills test segments which provide a comparable level of rigor
compared to the traditional test. The revised testing procedures would
be administered in a controlled setting and located within the same
skills testing facility used for the traditional test. Those
considerations are applicable to AAMVA's request for exemption. FMCSA
concurs with the comments filed in support of the AAMVA request from
CVTA and the VA DMV. For these reasons, the Agency grants AAMVA's
exemption from 49 CFR 383.133, subject to the terms and conditions in
this Federal Register notice.

Exemption

1. Period of the Exemption
    This exemption from the requirements of 49 CFR 383.133(c)(1)(2) is
granted for the period from 12:01 a.m., February 22, 2022, through
11:59 p.m., February 22, 2027.
2. Scope of Exemption
    This exemption is granted to Maryland, New Hampshire, and Virginia
and is limited to the provisions of 49 CFR 383.133(c)(1) and (2).
3. Terms and Conditions
    a. States operating under this exemption must comply with all other
applicable provisions of the FMCSRs.
    b. The revised testing procedures must be administered in a
controlled setting and located within the same skills testing facility
used for the traditional test.
4. Preemption
    In accordance with 49 U.S.C. 31315(d), during the period this
exemption is in effect, no State shall enforce any law or regulation
that conflicts with or is inconsistent with this exemption with respect
to a firm or person operating under the exemption.
5. Notification to FMCSA
    States using this exemption must notify FMCSA within 5 business
days of any accident (as defined in 49 CFR 390.5), involving any CMV
drivers issued CDLs who are operating under the terms of this
exemption. Notifications filed under this provision shall be emailed to
[email protected]
    The notification must include the following information:
    a. Name of Exemption: ``AAMVA SDLA Pilot''
    b. Date of the accident,
    c. City or town, and State, in which the accident occurred, or
closest to the accident scene,
    d. Name of the CDL examiner;
    e. CLP holder's name and CLP number and State of issuance
    f. Vehicle number and State license plate number,

    g. Number of individuals suffering physical injury,
    h. Number of fatalities,
    i. The police-reported cause of the accident,
    j. Whether the driver was cited for violation of any traffic laws
or motor carrier safety regulations, and
    k. The driver's total driving time and total on-duty time prior to
the accident.
6. Termination
    FMCSA expects the States of Maryland, New Hampshire and Virginia
will continue to maintain their safety record while operating under
this exemption. However, should safety be compromised, FMCSA will take
all steps necessary to protect the public interest, including
revocation or restriction of the exemption. The FMCSA will immediately
revoke or restrict the exemption for failure to comply with its terms
and conditions.

Robin Hutcheson,
Acting Administrator.
[FR Doc. 2022-04255 Filed 2-28-22; 8:45 am]
BILLING CODE 4910-EX-P