[Federal Register: May 20, 2008 (Volume 73, Number 98)]
[Notices]
[Page 29130-29131]
[DOCID:fr20my08-45]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

May 14, 2008.
    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:
    Docket Numbers: RP08-372-000.
    Applicants: Ozark Gas Transmission, L.L.C.
    Description: Ozark Gas Transmission, LLC modifies its FERC Gas
Tariff to permit Ozark and a firm transportation service customer to
negotiate the fuel retention percentage that will be applicable to
customers.
    Filed Date: 05/12/2008.
    Accession Number: 20080513-0195.
    Comment Date: 5 p.m. Eastern Time on Tuesday, May 27, 2008

    .Docket Numbers: RP08-373-000.
    Applicants: Wyoming Interstate Company, Ltd.
    Description: Wyoming Interstate Co, Ltd submits Second Revised
Sheet 6 et al. to FERC Gas Tariff, Second Revised Volume 2, to become
effective 6/10/08.
    Filed Date: 05/12/2008.
    Accession Number: 20080513-0194.
    Comment Date: 5 p.m. Eastern Time on Tuesday, May 27, 2008.

    Docket Numbers: RP08-374-000.
    Applicants: Maritimes & Northeast Pipeline, L.L.C.
    Description: Maritimes & Northeast Pipeline LLC submits First
Revised Sheet 268 et al. to FERC Gas Tariff, First Revised Volume 1, to
become effective 6/11/08.
    Filed Date: 05/12/2008.
    Accession Number: 20080513-0100.
    Comment Date: 5 p.m. Eastern Time on Tuesday, May 27, 2008.

    Docket Numbers: RP08-375-000.
    Applicants: Energy West Development, Inc.
    Description: Energy West Development, Inc submits First Revised
Sheet 1 et al. to its FERC Gas Tariff, Volume 1, to become effective 6/
12/08.
    Filed Date: 05/12/2008.
    Accession Number: 20080513-0196.
    Comment Date: 5 p.m. Eastern Time on Tuesday, May 27, 2008.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously

intervened in the same docket. 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. Anyone filing
a motion to intervene or protest must serve a copy of that document on
the Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E8-11252 Filed 5-19-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 133 (Thursday, July 11, 2019)]
[Notices]
[Pages 33066-33067]
[FR Doc No: 2019-14734]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP19-471-000]

Bluewater Gas Storage, LLC; Notice of Intent To Prepare an
Environmental Assessment for the Proposed Bluewater Compression
Project, and Request for Comments on Environmental Issues

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of the Bluewater Compression Project
(Project) involving construction and operation of facilities by
Bluewater Gas Storage, LLC (Bluewater) in Macomb County, Michigan. The
Commission will use this EA in its decision-making process to determine
whether the Project is in the public convenience and necessity.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies about issues regarding the Project. The National Environmental
Policy Act (NEPA) requires the Commission to take into account the
environmental impacts that could result from its action whenever it
considers the issuance of a Certificate of Public Convenience and
Necessity. NEPA also requires the Commission to discover concerns the
public may have about proposals. This process is referred to as
``scoping.'' The main goal of the scoping process is to focus the
analysis in the EA on the important environmental issues. By this
notice, the Commission requests public comments on the scope of issues
to address in the EA. To ensure that your comments are timely and
properly recorded, please submit your comments so that the Commission
receives them in Washington, DC on or before 5:00pm Eastern Time on
August 5, 2019.
    You can make a difference by submitting your specific comments or
concerns about the Project. Your comments should focus on the potential
environmental effects, reasonable alternatives, and measures to avoid
or lessen environmental impacts. Your input will help the Commission
staff determine what issues they need to evaluate in the EA. Commission
staff will consider all filed comments during the preparation of the
EA.
    If you sent comments on this Project to the Commission before the
opening of this docket on May 23, 2019, you will need to file those
comments in Docket No. CP19-471-000 to ensure they are considered as
part of this proceeding.
    This notice is being sent to the Commission's current environmental
mailing list for this Project. State and local government
representatives should notify their constituents of this proposed
Project and encourage them to comment on their areas of concern.
    If you are a landowner receiving this notice, a pipeline company
representative may contact you about the acquisition of an easement to
construct, operate, and maintain the proposed facilities. The company
would seek to negotiate a mutually acceptable easement agreement. You
are not required to enter into an agreement. However, if the Commission
approves the Project, that approval conveys with it the right of
eminent domain. Therefore, if you and the company do not reach an
easement agreement, the pipeline company could initiate condemnation
proceedings in court. In such instances, compensation would be
determined by a judge in accordance with state law.
    Bluewater provided landowners with a brochure prepared by the FERC
entitled ``An Interstate Natural Gas Facility On My Land? What Do I
Need To Know?'' This brochure addresses a number of typically asked
questions, including the use of eminent domain and how to participate
in the Commission's proceedings. It is also available for viewing on
the FERC website (www.ferc.gov) at https://www.ferc.gov/resources/guides/gas/gas.pdf.

Public Participation

    The Commission offers a free service called eSubscription which
makes it easy to stay informed of all issuances and submittals
regarding the dockets/projects to which you subscribe. These instant
email notifications are the fastest way to receive notification and
provide a link to the document files which can reduce the amount of
time you spend researching proceedings. To sign up go to www.ferc.gov/docs-filing/esubscription.asp.
    For your convenience, there are three methods you can use to submit
your comments to the Commission. The Commission encourages electronic
filing of comments and has staff available to assist you at (866) 208-
3676 or<EMAIL_ADDRESS>Please carefully follow these
instructions so that your comments are properly recorded.
    (1) You can file your comments electronically using the eComment
feature, which is located on the Commission's website (www.ferc.gov)
under the link to Documents and Filings. Using eComment is an easy
method for submitting brief, text-only comments on a project;
    (2) You can file your comments electronically by using the eFiling
feature, which is located on the Commission's website (www.ferc.gov)
under the link to Documents and Filings. With eFiling, you can provide
comments in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on ``eRegister.'' You will be asked to select the type of filing you
are making; a comment on a particular project is considered a ``Comment
on a Filing''; or
    (3) You can file a paper copy of your comments by mailing them to
the following address. Be sure to reference the Project docket number
(CP19-471-000) with your submission: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE, Room 1A,
Washington, DC 20426.

Please note this is not your only public input opportunity; please
refer to the review process flow chart in appendix 1.\1\
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    \1\ The appendices referenced in this notice will not appear in
the Federal Register. Copies of the appendices were sent to all
those receiving this notice in the mail and are available at
www.ferc.gov using the link called ``eLibrary'' or from the
Commission's Public Reference Room, 888 First Street NE, Washington,
DC 20426, or call<PHONE_NUMBER>. For instructions on connecting to
eLibrary, refer to the last page of this notice.
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Summary of the Proposed Project

    Bluewater proposes to construct, own, and operate a new compressor
station in Ray Township, Macomb County, Michigan. The Project would
restore the original design capacity of 500,000 million standard cubic
feet of firm deliverability to Vector Pipeline L.P. According to
Bluewater, additional compression would allow the Project Customers to
utilize their maximum contractual withdrawal rights with Bluewater to
deliver natural gas directly to Vector, as opposed to securing firm
transportation at an additional cost on other third-party pipelines, so
that it can ultimately be transported into Wisconsin.
    The general location of the Project facilities is shown in appendix
2.

Land Requirements for Construction

    Construction of the proposed facilities would disturb about 8 acres
of land for the aboveground facilities and the pipeline. Following
construction, Bluewater would maintain about 4.3 acres for permanent
operation of the Project's facilities; the remaining

acreage would be restored and revert to former uses. The compressor
station would be constructed on land entirely owned by Bluewater with
some additional easement from Consumer's Energy.

The EA Process

    The EA will discuss impacts that could occur as a result of the
construction and operation of the proposed Project under these general
headings:
     Geology and soils;
     water resources and wetlands;
     vegetation and wildlife;
     threatened and endangered species;
     cultural resources;
     environmental justice;
     land use;
     air quality and noise;
     public safety; and
     cumulative impacts.
    Commission staff will also evaluate reasonable alternatives to the
proposed Project or portions of the Project, and make recommendations
on how to lessen or avoid impacts on the various resource areas.
    The EA will present Commission staffs' independent analysis of the
issues. The EA will be available in electronic format in the public
record through eLibrary \2\ and the Commission's website (https://www.ferc.gov/industries/gas/enviro/eis.asp). If eSubscribed, you will
receive instant email notification when the EA is issued. The EA may be
issued for an allotted public comment period. Commission staff will
consider all comments on the EA before making recommendations to the
Commission. To ensure Commission staff have the opportunity to address
your comments, please carefully follow the instructions in the Public
Participation section, beginning on page 2 of this notice.
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    \2\ For instructions on connecting to eLibrary, refer to the
last page of this notice.
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    With this notice, the Commission is asking agencies with
jurisdiction by law and/or special expertise with respect to the
environmental issues of this Project to formally cooperate in the
preparation of the EA.\3\ Agencies that would like to request
cooperating agency status should follow the instructions for filing
comments provided under the Public Participation section of this
notice.
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    \3\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40, Code of Federal
Regulations, Part 1501.6.
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Consultation Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations for section 106 of the National Historic
Preservation Act, the Commission is using this notice to initiate
consultation with the applicable State Historic Preservation Office,
and to solicit their views and those of other government agencies,
interested Indian tribes, and the public on the Project's potential
effects on historic properties.\4\ The EA for this Project will
document findings on the impacts on historic properties and summarize
the status of consultations under section 106.
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    \4\ The Advisory Council on Historic Preservation's regulations
are at Title 36, Code of Federal Regulations, Part 800. Those
regulations define historic properties as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register of Historic
Places.
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Currently Identified Environmental Issues

    Commission staff have already identified several issues that
deserve attention based on a preliminary review of the proposed
facilities and the environmental information provided by Bluewater.
This preliminary list of issues may change based on your comments and
our analysis.

 Purpose and need
 Noise
 Safety

Environmental Mailing List

    The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials; Native
American Tribes; other interested parties; and local libraries and
newspapers. This list also includes all affected landowners (as defined
in the Commission's regulations) who are potential right-of-way
grantors, whose property may be used temporarily for Project purposes,
or who own homes within certain distances of aboveground facilities,
and anyone who submits comments on the Project. Commission staff will
update the environmental mailing list as the analysis proceeds to
ensure that Commission notices related to this environmental review are
sent to all individuals, organizations, and government entities
interested in and/or potentially affected by the proposed Project.
    If the Commission issues the EA for an allotted public comment
period, a Notice of Availability of the EA will be sent to the
environmental mailing list and will provide instructions to access the
electronic document on the FERC's website (www.ferc.gov). If you need
to make changes to your name/address, or if you would like to remove
your name from the mailing list, please return the attached ``Mailing
List Update Form'' (appendix 3).

Additional Information

    Additional information about the Project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC website at www.ferc.gov using the eLibrary link. Click on the
eLibrary link, click on General Search and enter the docket number in
the Docket Number field, excluding the last three digits (i.e., CP19-
471). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or<PHONE_NUMBER>, or for TTY, contact (202)
502-8659. The eLibrary link also provides access to the texts of all
formal documents issued by the Commission, such as orders, notices, and
rulemakings.
    Public sessions or site visits will be posted on the Commission's
calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along
with other related information.

    Dated: July 5, 2019.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2019-14734 Filed 7-10-19; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 206 (Thursday, October 24, 2019)]
[Notices]
[Pages 57156-57157]
[FR Doc No: 2019-23189]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2019-0050; Notice 1]

Automobili Lamborghini, Receipt of Petition for Decision of
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Receipt of petition.

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SUMMARY: Automobili Lamborghini has determined that certain 2019-2020
Lamborghini Urus motor vehicles do not fully comply with Federal Motor
Vehicle Safety Standard (FMVSS) No. 110, Tire Selection and Rims and
Motor Home/Recreation Vehicle Trailer Load Carrying Capacity
Information for Motor Vehicles with a GVWR of 4,536 kilograms (10,000
pounds) or Less. Automobili Lamborghini filed a noncompliance report
dated April 10, 2019, and also petitioned NHTSA on May 9, 2019, for a
decision that the subject noncompliance is inconsequential as it
relates to motor vehicle safety. This document announces receipt of
Automobili Lamborghini's petition.

DATES: The closing date for comments on the petition is November 25,
2019.

ADDRESSES: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket number cited in the title of this notice and may be submitted by
any of the following methods:
     Mail: Send comments by mail addressed to the 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: Deliver comments by hand to the U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m.
except for Federal Holidays.
     Electronically: Submit comments electronically by logging
onto the Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Follow the online instructions for submitting
comments.
     Comments may also be faxed to<PHONE_NUMBER>.
    Comments must be written in the English language, and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that comments you have submitted by mail were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to https://www.regulations.gov, including any personal information
provided.
    All comments and supporting materials received before the close of
business on the closing date indicated above will be filed in the
docket and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the fullest extent possible.
    When the petition is granted or denied, notice of the decision will
also be published in the Federal Register pursuant to the authority
indicated at the end of this notice.
    All comments, background documentation, and supporting materials
submitted to the docket may be viewed by anyone at the address and
times given above. The documents may also be viewed on the internet at
https://www.regulations.gov by following the online instructions for
accessing the dockets. The docket ID number for this petition is shown
in the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a
Federal Register notice published on April 11, 2000, (65 FR 19477-78).

SUPPLEMENTARY INFORMATION:
    I. Overview: Automobili Lamborghini has determined that certain
2019-2020 Lamborghini Urus motor vehicles do not fully comply with
paragraph S4.4.2(a) and (c) of FMVSS No. 110, Tire Selection and Rims
and Motor Home/Recreation Vehicle Trailer Load Carrying Capacity
Information for Motor Vehicles with a GVWR of 4,536 kilograms (10,000
pounds) or Less (49 CFR 571.110). Automobili Lamborghini filed a
noncompliance report dated April 10, 2019, pursuant to 49 CFR part 573,
Defect and Noncompliance Responsibility and Reports. Automobili
Lamborghini also petitioned NHTSA on May 9, 2019, for an exemption from
the

notification and remedy requirements of 49 U.S.C. Chapter 301 on the
basis that this noncompliance is inconsequential as it relates to motor
vehicle safety, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR
part 556, Exemption for Inconsequential Defect or Noncompliance.
    This notice of receipt of Automobili Lamborghini's petition is
published under 49 U.S.C. 30118 and 30120 and does not represent any
agency decision or other exercises of judgment concerning the merits of
the petition.
    II. Vehicles Involved: As originally filed, Automobili
Lamborghini's petition stated that the petition applied to MY 2018-2019
Lamborghini Urus motor vehicles, however, the company has since
clarified that the correct MYs are MY 2019-2020.
    Accordingly, approximately 595 MY 2019-2020 Lamborghini Urus motor
vehicles, manufactured between August 30, 2018, and April 10, 2019, are
potentially involved.
    III. Noncompliance: Automobili Lamborghini explains that the
noncompliance is that the rims equipped on the subject vehicles do not
fully comply with paragraph S4.4.2(a) and (c) of FMVSS No. 110.
Specifically, the rims on the subject vehicles do not contain the
required designation symbol or DOT certification markings.
    IV. Rule Requirements: Paragraph S4.4.2(a) of FMVSS No. 110
includes the requirements relevant to this petition. Each rim or, at
the option of the manufacturer in the case of a single-piece wheel,
each wheel disc shall be marked with a designation that indicates the
source of the rim's published nominal dimensions and the symbol DOT,
constituting a certification by the manufacturer of the rim that the
rim complies with all applicable FMVSS.
    V. Summary of Lamborghini's Petition: Automobili Lamborghini
described the subject noncompliance and stated its belief that the
noncompliance is inconsequential as it relates to motor vehicle safety.
    In support of its petition, Automobili Lamborghini submitted the
following reasoning:
    1. The ``DOT'' marking signifies that the manufacturer of the rim
has certified that the rim complies with all applicable FMVSSs. So,
because ``DOT'' is a ``certification,'' it is a violation of 49 U.S.C.
30115 (``Certification''), which does not require notification and
remedy (see 74 FR 69377).
    2. The designation symbol under S4.4.2(a) is not considered a
``certification'' and indicates the source of the rim's published
nominal dimensions. Thus, because a noncompliance under (a) is not a
certification issue, which would implicate 49 U.S.C. 30115, Automobili
Lamborghini has submitted a report pursuant to 49 CFR part 573.
    3. Automobili Lamborghini states that the subject rims contain all
information required within FMVSS Sec.  571.110 and that the omission
of the correct designation symbol ``E,'' required under S4.4.2(a), and
the certification symbol ``DOT,'' required under S4.4.2(c), will not
prevent tires and rims from properly matching in the case of worn-out
tires.
    4. Automobili Lamborghini says that the owner's manual and the tire
placard, both contain the correct and complete size of rims installed
on the subject vehicles. Automobili Lamborghini stated their belief
that this matter will not affect the ability to clearly identify the
subject rims in case of a parts recall and that this matter does not
have any effect on motor vehicle safety.
    5. Automobili Lamborghini says that they are unaware of any
accidents, injuries or customer complaints related to the lack of these
markings. The missing markings do not affect the performance of the
wheels or the tire and wheel assemblies.
    Automobili Lamborghini concluded by expressing the belief that the
subject noncompliance is inconsequential as it relates to motor vehicle
safety, and that its petition to be exempted from providing
notification of the noncompliance, as required by 49 U.S.C. 30118, and
a remedy for the noncompliance, as required by 49 U.S.C. 30120, should
be granted.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance. Therefore, any decision on
this petition only applies to the subject vehicles that Automobili
Lamborghini no longer controlled at the time it determined that the
noncompliance existed. However, any decision on this petition does not
relieve vehicle distributors and dealers of the prohibitions on the
sale, offer for sale, or introduction or delivery for introduction into
interstate commerce of the noncompliant vehicles under their control
after Automobili Lamborghini notified them that the subject
noncompliance existed.

    Authority: (49 U.S.C. 30118, 30120: delegations of authority at
49 CFR 1.95 and 501.8)

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2019-23189 Filed 10-23-19; 8:45 am]
 BILLING CODE 4910-59-P


[Federal Register Volume 76, Number 99 (Monday, May 23, 2011)]
[Notices]
[Page 29776]
[FR Doc No: 2011-12652]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1975-DR; Docket ID FEMA-2011-0001]

Arkansas; Amendment No. 2 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Arkansas (FEMA-1975-DR), dated May 2, 2011, and
related determinations.

DATES: Effective Date: May 9, 2011.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Arkansas is hereby amended to include the following
areas among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of May 2, 2011.

    Boone, Jefferson, and White Counties for Individual Assistance.
    Carroll, Conway, Crawford, Hot Spring, Montgomery, Stone, and
Washington Counties for Public Assistance (Categories A-G),
including direct Federal Assistance.
    Benton, Faulkner, and Garland Counties for Public Assistance
[Categories A-G], including direct Federal Assistance, (already
designated for Individual Assistance and assistance for debris
removal and emergency protective measures [Category B], limited to
direct Federal assistance).
    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050 Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2011-12652 Filed 5-20-11; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 85, Number 228 (Wednesday, November 25, 2020)]
[Rules and Regulations]
[Pages 75235-75238]
[FR Doc No: 2020-25824]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 711

[EPA-HQ-OPPT-2018-0321; FRL-10016-96]
RIN 2070-AK33

Chemical Data Reporting; Final Extension of the 2020 Submission
Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is amending the
Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR)
regulations by extending the submission deadline for 2020 reports to
January 29, 2021. This is the final extension for the 2020 submission
period only. The CDR regulations require manufacturers (including
importers) of certain chemical substances included on the TSCA Chemical
Substance Inventory (TSCA Inventory) to report data on the
manufacturing, processing, and use of the chemical substances.

DATES: This final rule is effective November 25, 2020.

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPPT-2018-0321, is available at
http://www.regulations.gov or at the Office of Pollution Prevention and
Toxics Docket (OPPT Docket), Environmental Protection Agency Docket
Center (EPA/DC), West, William Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OPPT Docket is (202) 566-
0280.
    Please note that due to the public health emergency the EPA Docket
Center (EPA/DC) and Reading Room was closed to public visitors on March
31, 2020. Our EPA/DC staff will continue to provide customer service
via email, phone, and webform. For further information on EPA/DC
services, docket contact information and the current status of the EPA/
DC and Reading Room, please visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For technical information contact:
Susan Sharkey, Data Gathering and Analysis Division (7406M), Office of
Pollution Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number:
(202) 564-8789; email address<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you manufacture
(including import) chemical substances listed on the TSCA Inventory.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include but are not limited to:
     Chemical manufacturers (including importers) (NAICS codes
325 and 324110, e.g., chemical manufacturing and processing and
petroleum refineries).
     Chemical users and processors who may manufacture a
byproduct chemical substance (NAICS codes 22, 322, 331, and 3344, e.g.,
utilities, paper manufacturing, primary metal manufacturing, and
semiconductor and other electronic component manufacturing).

B. What action is the Agency taking?

    The current 2020 CDR submission period is from June 1 to November
30, 2020 (on April 9, 2020, EPA extended the September 30, 2020
deadline to November 30, 2020 (see 85 FR 19890)). EPA is issuing this
amendment to extend the deadline for 2020 CDR submission reports until
January 29, 2021. This is an extension for the 2020 submission period
only: Subsequent submission periods (recurring every four years, next
in 2024) are not being amended.
    The Agency is taking this action in response to concerns raised by
the regulated community about their ability to submit the required
information within the prescribed period. Written requests to extend
the CDR submission period have been received by the Agency starting in
late-September. Copies of these letters are included in the docket (see
ADDRESSES), and, at the time of drafting this document, include the
following specific communications:
     Air Products and Chemicals, Inc. 2020 CDR 90-day Extension
Request [Letter]. September 25, 2020. Certain information needed to
inform submissions is stored off-site and reviewing in-person presents
a logistical challenge because of the COVID-19 pandemic (administrative
staff is currently on business-critical or work from home status).
(Ref. 1.)
     American Chemistry Council (ACC). Request for an Extension
to the TSCA Chemical Data Reporting (CDR)

2020 Submission Period [Letter]. October 26, 2020. ACC members reported
a wide variety of technical issues that have impeded their ability to
upload, validate, and submit electronic data submissions (including a
Central Data Exchange (CDX) system crash for approximately two weeks on
or about September 29, 2020, Confidential Business Information (CBI)
substantiation issues, Authorized Official/Facility/Sites/Parent
Company inaccuracies, Issues with inexact entries, and General form
completion issues). (Ref. 2.)
     Household & Commercial Products Association (HCPA).
Request for an Extension to the TSCA Chemical Data Reporting (CDR) 2020
Submission Period [Letter]. October 27, 2020. The pandemic has required
the dedication of significant resources that would normally be
compiling and developing the data for CDR and additional time is
necessary to complete submissions. HCPA member companies are also
reporting a number of significant issues with accessing and using the
CDX system that has further impeded the submission process. (Ref. 3.)
     National Association of Chemical Distributors (NACD).
Request for an Extension to the TSCA CDR 2020 Submission Period
[Letter]. October 30, 2020. NACD members have reported ongoing problems
within CDX, including system crashes, freezes, and sluggishness,
difficulty loading pages, and an inability to display a preview of the
final data before submission. There is also concern that the reported
issues will continue and worsen as more users are logged into CDX and
attempting to submit information. (Ref. 4.)
     Society of Chemical Manufacturers & Affiliates (SOCMA).
Extension Request for the 2020 TSCA CDR Submission Period [Letter].
October 30, 2020. SOCMA members have reported a wide variety of
technical problems with EPA's Chemical Data Exchange (CDX) system that
have negatively impacted their ability to complete data submissions.
This includes system-wide outages, slowdowns, inability to access and
validate forms, and practical difficulties with completing joint co-
manufacturing submissions. With only a month remaining before the
submission deadline, the CDR reporting system continues to experience
significant technical problems impeding the timely and thorough
reporting of information on the production and use of chemicals in U.S.
commerce. (Ref. 5.)
     American Coatings Association (ACA). Request for an
Extension to the TSCA Chemical Data Reporting (CDR) 2020 Submission
Period [Letter]. November 13, 2020. ACA member companies cited
significant problems with bulk uploads under the CDX system in stating
that an extension would ease difficulty in reporting while improving
overall accuracy and quality of information submitted. In particular,
ACA members have noted difficulties with bulk uploads under the CDX
system, whereby system errors have not allowed members to submit files
or the system improperly aligns data upon submission. ACA members also
note that uploaded information fails to save, thereby requiring
submitters to resubmit all information. Problems with bulk uploads have
also extended to data required for CBI substantiation, where the CDX
systems fails to capture all data submitted, jeopardizing claims of
CBI. ACA recognizes that EPA and its contractor CGI have been working
diligently to resolve these issues. (Ref. 6.)
    The compelling concerns raised by industry involve restrictions on
their ability to report as a result of issues with several aspects of
electronic reporting. The issues are experienced by a number of
submitters and have not been limited to any specific submitter or type
of submitter. Using the test application, EPA confirmed the existence
of these problems and the impact they had on the ability to report.
Specifically, these issues include difficulties with making bulk
uploads (i.e., batch submissions), lack of access to the reporting tool
due to a CDX system crash, and issues with certain reporting tool
features associated with previewing the submissions, copying and
pasting text information (such as for substantiating confidentiality
claims), making claims of confidentiality, and data validations.
    The Agency has worked to resolve reporting issues since learning of
these issues. On November 6, 2020, EPA made the following updates to
CDX: Updated validations to correct functionality, updated the
functionality for co-manufactured chemicals, and updated the ability to
preview the submission before submitting the report. On November 13,
2020, EPA made the following updates to CDX: Enabling reporting zero
for the 2019 Production Volume when the chemical is reported as co-
manufactured, and updating validations associated with not needing to
report processing and use information when all of the 2019 volume is
directly exported. EPA plans to deploy additional updates on November
20, 2020, including updated CBI substantiation validation and processes
for co-manufactured chemicals. EPA is monitoring the implementation of
these updates and will, if necessary, deploy additional updates to
ensure full functionality of the reporting tool. The Agency continues
to assist CDR reporters encountering issues and has been and will
continue to develop rapid solutions to such issues via weekly patches
to the eCDRweb reporting tool.
    Because the electronic issues have been widespread, have prevented
access to the reporting tool, have restricted the ability for companies
to identify information that the company considers confidential, and
have ultimately resulted in a reduction in the amount of time the
Agency had alloted for the completion and submission of the report, EPA
believes it is appropriate to extend the reporting period to provide
the regulated community the time needed to complete and submit their
reports. With respect to the timing of this action, the need for the
Agency to extend the deadline arose as a result of issues experienced
by the regulated community with several aspects of electronic reporting
that were brought to the Agency's attention recently. The collective
significance of these issues was not apparent until the Agency
completed review of letters from Air Products and Chemicals, Inc.; the
American Chemistry Council; the Household & Commercial Products
Association; the National Association of Chemical Distributors; the
Society of Chemical Manufacturers & Affiliates; and the American
Coatings Association; dated September 25, 2020, October 26, 2020,
October 27, 2020, October 30, 2020, October 30, 2020, and November 13,
2020 respectively (Refs. 1, 2, 3, 4, 5 and 6).
    The Agency has quickly responded to reporting issues as they have
arisen and has gained experience with the reporting tool and
troubleshooting that will enable EPA to quickly and effectively respond
to any additional problems that may arise following full implementation
of the reporting tool fixes. While the Agency endeavors to ensure full
functionality of the tool, glitches may arise, including in response to
reporting tool patches or updates. EPA believes that the additional
two-month extension period will help provide a buffer for any
additional updates to the tool that may be needed. This extension will
also provide reporters with sufficient time to carefully review and
submit information through CDX, especially following any prior problems
using the reporting tool. As a result, EPA believes that extending the
reporting period to January 29, 2021 will provide sufficient time for
reporting problems to be addressed and for reporters to timely submit
information.

C. What is the Agency's authority for taking this action?

    The CDR rule was issued pursuant to the authority of TSCA section
8(a), 15 U.S.C. 2607(a). In addition, section 553(b)(B) of the
Administrative Procedure Act (APA), 5 U.S.C. 553(b)(B), provides that,
when an agency for good cause finds that public notice and comment
procedures are impracticable, unnecessary, or contrary to the public
interest, the agency may issue a rule without providing notice and an
opportunity for public comment. The EPA has determined that there is
good cause for making this rule final, extending the reporting period,
without prior proposal and opportunity for comment because such notice
and opportunity for comment is impracticable and unnecessary for the
reasons explained in this section.
    As explained in the prior section, the extent of the electronic
reporting issues has unexpectedly resulted in a reduction in the amount
of time the Agency had alloted under the regulations for the completion
and submission of the report. The extent of the electronic reporting
issues was unforeseen, given that EPA conducted a beta test with
expected users of the reporting tool prior to the beginning of the
submission period. Further, most sites submit CDR data during the final
month of the reporting period, having collected and prepared data
earlier in the submission period. Thus, the extent and magnitude of
these reporting issues did not become fully manifest prior to the close
of October. Given that the current reporting deadline is November 30,
2020, notice and comment procedures are impracticable to extend that
deadline to address these unforeseen circumstances because the typical
notice and comment rulemaking process would not allow a rule to be
finalized before the current reporting deadline. Additionally, notice
and comment procedures are unnecessary because this extension of the
deadline merely provides the time and opportunity to submit the report
as was intended under the current regulations, absent these unforeseen
circumstances, and does not impact the substance of the collection or
other regulatory requirements.
    As indicated above, the Agency recently learned that the regulated
community was having difficulty related to the required electronic
reporting mechanism. Individual entities provided information about
technical issues, reporting difficulties, and complications resulting
from the COVID-19 pandemic. EPA is including requests for extension in
the docket. Given ongoing improvements to the functionality of the
electronic reporting application, EPA is extending the reporting period
until January 29, 2021.
    This action does not alter the substantive CDR reporting
requirements in any way. The Agency also believes this extension will
not result in a significant delay in the processing and availability of
CDR information to potential users. This extension will not
significantly impact the Agency's ability to carry out actions and
activities that rely upon CDR, including work on the TSCA risk
evaluations. EPA will consider CDR information as soon as it becomes
available and work on risk evaluations remains ongoing. Further, this
action is consistent with the public interest because it is designed to
facilitate compliance with the CDR rule and to ensure that the 2020
collection includes accurate data on chemical manufacturing,
processing, and use in the United States. Any impact on the regulated
community is expected to be beneficial given that the extension
provides additional time to submit accurate CDR reports to EPA.
    Finally, section 553(d)(3) of the APA, 5 U.S.C. 553(d), provides
that final rules shall not become effective until 30 days after
publication in the Federal Register ``except [. . .] as otherwise
provided by the agency for good cause.'' The purpose of this provision
is to ``give affected parties a reasonable time to adjust their
behavior before the final rule takes effect.'' Omnipoint Corp. v. Fed.
Commc'n Comm'n, 78 F.3d 620, 630 (D.C. Cir. 1996); see also United
States v. Gavrilovic, 551 F.2d 1099, 1104 (8th Cir. 1977) (quoting
legislative history). Thus, in determining whether good cause exists to
waive the 30-day delay, an agency should ``balance the necessity for
immediate implementation against principles of fundamental fairness
which require that all affected persons be afforded a reasonable amount
of time to prepare for the effective date of its ruling.'' Gavrilovic,
551 F.2d at 1105. EPA has determined that there is good cause for
making this final rule effective immediately because the current
deadline for reporting is imminent and the regulated community does not
need time to prepare for this change in the reporting deadline; rather,
the reporting deadline extension provides the needed time for the
regulated community to meet the existing requirements.
    For these reasons, the agency finds that good cause exists under
APA section 553(d)(3) to make this rule effective immediately upon
publication in the Federal Register.

II. References

    The following is a listing of the documents that are specifically
referenced in this document. The docket includes these documents and
other information considered by EPA, including documents that are
referenced within the documents that are included in the docket, even
if the referenced document is not physically located in the docket. For
assistance in locating these other documents, please consult the
technical person listed under FOR FURTHER INFORMATION CONTACT.
    1. Air Products and Chemicals, Inc. 2020 CDR 90-day Extension
Request [Letter]. September 25, 2020.
    2. American Chemistry Council. Request for an Extension to the TSCA
Chemical Data Reporting (CDR) 2020 Submission Period [Letter]. October
26, 2020.
    3. Household & Commercial Products Association. Request for an
Extension to the TSCA Chemical Data Reporting (CDR) 2020 Submission
Period [Letter]. October 27, 2020.
    4. National Association of Chemical Distributors. Request for an
Extension to the TSCA CDR 2020 Submission Period [Letter]. October 30,
2020.
    5. Society of Chemical Manufacturers & Affiliates (SOCMA).
Extension Request for the 2020 TSCA CDR Submission Period [Letter].
October 30, 2020.
    6. American Coatings Association (ACA). Request for an Extension to
the TSCA Chemical Data Reporting (CDR) 2020 Submission Period [Letter].
November 13, 2020.

III. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is classified as a final rule because it makes an
amendment to the Code of Federal Regulations (CFR). The amendment to
the CFR is necessary to allow for an extension to the 2020 CDR
reporting period. This action does not impose any new requirements or
amend substantive requirements. As such, this action is not a
``significant regulatory action'' under Executive Order 12866 (58 FR
51735, October 4, 1993) and Executive Order 13563 (76 FR 3821, January
21, 2011).

B. Paperwork Reduction Act (PRA)

    This action does not contain any new or revised information
collections subject to OMB approval under the PRA, 44 U.S.C. 3501 et
seq. Information collection activities contained in CDR are already
approved by the Office of Management and Budget (OMB) under OMB Control
No. 2070-0162 (EPA ICR No. 1884).

C. Regulatory Flexibility Act (RFA)

    This action is not subject to the RFA, 5 U.S.C. 601 et seq. The RFA
applies only to rules subject to notice and comment rulemaking
requirements under the APA, 5 U.S.C. 553, or any other statute. This
rule is not subject to notice and comment requirements under the APA
because the Agency has invoked the APA ``good cause'' exemption.

D. Unfunded Mandates Reform Act (UMRA)

    This action will not impose any enforceable duty or contain any
unfunded mandate as described under Title II of UMRA, 2 U.S.C. 1531-
1538 et seq.

E. Executive Order 13132: Federalism

    This action will not have federalism impacts as defined in
Executive Order 13132 (64 FR 43255, August 10, 1999) because this
action will not have substantial direct effects on States, on the
relationship between the Federal Government and States, or on the
distribution of power and responsibilities between the Federal
Government and States.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action will not have tribal implications as defined in
Executive Order 13175 (65 FR 67249, November 9, 2000) because this
action will not have substantial direct effects on tribal governments,
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.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    This action is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997), because this is not an economically significant
regulatory action as defined under Executive Order 12866, and it does
not address environmental health or safety risks disproportionately
affecting children.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28355,
May 22, 2001), because this action is not expected to affect energy
supply, distribution, or use and because this action is not a
significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    Since this action does not involve any technical standards, NTTAA
section 12(d), 15 U.S.C. 272 note, does not apply to this action.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    This action does not entail special considerations of environmental
justice related issues as delineated by Executive Order 12898 (59 FR
7629, February 16, 1994).

K. Congressional Review Act (CRA)

    This action is subject to the CRA, 5 U.S.C. 801 et seq., and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 711

    Environmental protection, Chemicals, Confidential Business
Information (CBI), Hazardous materials, Importer, Manufacturer,
Reporting and recordkeeping requirements.

    Dated: November 17, 2020.
Alexandra Dapolito Dunn,
Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.

    Therefore, for the reasons stated in the preamble, EPA amends 40
CFR chapter I as follows:

PART 711--TSCA CHEMICAL DATA REPORTING REQUIREMENTS

0
1. The authority citation for part 711 continues to read as follows:

    Authority:  15 U.S.C. 2607(a).

0
2. Revise Sec.  711.20 to read as follows:

Sec.  711.20  When to report.

    All information reported to EPA in response to the requirements of
this part must be submitted during an applicable submission period. The
2020 CDR submission period is from June 1, 2020, to January 29, 2021.
Subsequent recurring submission periods are from June 1 to September 30
at 4-year intervals, beginning in 2024. In each submission period, any
person described in Sec.  711.8 must report as described in this part.

[FR Doc. 2020-25824 Filed 11-24-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 208 (Friday, October 28, 2022)]
[Notices]
[Pages 65216-65217]
[FR Doc No: 2022-23466]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2019-0882]

BNSF Railway Bridge Across the Missouri River Between Bismarck
and Mandan, North Dakota; Final Environmental Impact Statement

AGENCY: Coast Guard, DHS.

ACTION: Notice of availability for a Final Environmental Impact
Statement.

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

SUMMARY: The Coast Guard announces the availability of a Final
Environmental Impact Statement (EIS) for the proposed replacement of
the BNSF Railway Bridge across the Missouri River between Bismarck and
Mandan, North Dakota. This was prepared in compliance with the National
Environmental Policy Act of 1969 (NEPA) and Council on Environmental
Quality implementing regulations, and the National Historic
Preservation Act (NHPA). This final EIS evaluates the potential
environmental consequences of permitting the replacement of the
existing BNSF Railway Bridge across the Missouri River between the
cities of Bismarck and Mandan, ND, or the construction of a bridge
adjacent to the existing bridge. The applicant proposes to remove the
existing structure, which is eligible for listing on the National
Register of Historic Places. The Coast Guard analyzed proposed
alternatives, through the NEPA and NHPA processes, which included
alternatives to construct the new bridge while retaining the existing
bridge. The Coast Guard is making the final EIS available to the public
on this docket. Section 4.0 of the final EIS identifies the preferred
alternative, which is to construct a new bridge with 200-foot spans,
and piers 20 feet upstream of the existing bridge, and to remove the
existing structure.

DATES: The Coast Guard intends to issue a Record of Decision on
November 28, 2022.

FOR FURTHER INFORMATION CONTACT: For information about this document
call or

email Rob McCaskey, Coast Guard District 8 Project Officer; telephone:
314-269-2381, or email: [email protected].

Discussion

    On January 8, 2020, the Coast Guard published a notice of intent to
prepare an EIS (85 FR 930). On June 7, 2021, we published a notice of
availability for a draft EIS seeking public comments, and announcement
of a virtual meeting (86 FR 30323) for the BNSF Railway Bridge across
the Missouri River between the cities of Bismarck and Mandan, ND.
Lastly, on June 14, 2021, we published a notice of extension to the
public comment period (86 FR 31509), which extended the comment period
to July 26, 2021.
    The notice of availability solicited substantive and relevant
comments related to the draft EIS. On June 30, 2021, the Coast Guard
held a virtual public meeting to receive written and oral comments on
the draft EIS. Public comments yielded very few substantive changes. We
are now providing notice of the availability of the final EIS.
    We developed a final EIS that addresses impacts associated with the
alternatives mentioned in section 2.0 of the draft EIS. These impacts
include those environmental control laws listed in appendix B of the
Coast Guard's Bridge Permit Application Guide (available at https://www.dco.uscg.mil/Portals/9/DCO%20Documents/5pw/Office%20of%20Bridge%20Programs/BPAG%20COMDTPUB%20P16591%203D_Sequential%20Clearance%20Final(July2016).p
df), as well as those impacts associated with floodplain rise, impacts
to the Bismarck Water Reservoir and the Missouri River Natural Area.
The final EIS also includes responses to all substantive and relevant
comments received during the public comment period and virtual public
meeting.
    The Coast Guard, as lead agency, held 21 consultation meetings with
stakeholders to satisfy the requirements of section 106 of the NHPA (54
U.S.C. 306108). On January 15, 2021, the Coast Guard and consulting
parties signed a Programmatic Agreement to address the adverse effect
on the existing historic bridge, and to provide third parties the
opportunity to develop additional alternatives that would allow for
retention of the bridge. The additional alternative presented during
this process was not technically or economically feasible, so the Coast
Guard and consulting parties developed a Memorandum of Agreement, which
dictates mitigation measures for removal of the existing bridge. A
consulting party, the Friends of the Rail Bridge, initiated termination
of the Programmatic Agreement on February 22, 2022, and after
additional consultation meetings, it was terminated on June 19, 2022.
The Memorandum of Agreement was signed on September 27, 2022, and is
available in appendix B of the final EIS.
    This notice is issued under authority of NEPA, 42 U.S.C. 4321 et
seq., Council on Environmental Quality implementing regulations in 40
CFR parts 1500 through 1508, and 5 U.S.C. 552(a).

Brian L. Dunn,
Chief, U.S. Coast Guard, Office of Bridge Programs.
[FR Doc. 2022-23466 Filed 10-27-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: March 17, 2009 (Volume 74, Number 50)]
[Rules and Regulations]
[Page 11278-11279]
[DOCID:fr17mr09-2]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

14 CFR Part 97

[Docket No. 30657; Amdt. No. 3313]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This rule establishes, amends, suspends, or revokes Standard
Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums
and Obstacle Departure Procedures for operations at certain airports.
These regulatory actions are needed because of the adoption of new or
revised criteria, or because of changes occurring in the National
Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective March 17, 2009. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of March 17, 2009.

ADDRESSES: Availability of matter incorporated by reference in the
amendment is as follows:
    For Examination--
    1. FAA Rules Docket, FAA Headquarters Building, 800 Independence
Avenue, SW., Washington, DC 20591;
    2. The FAA Regional Office of the region in which the affected
airport is located;
    3. The National Flight Procedures Office, 6500 South MacArthur
Blvd., Oklahoma City, OK 73169 or
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_
federal_regulations/ibr_locations.html.
    Availability_All SIAPs are available online free of charge. Visit
nfdc.faa.gov to register. Additionally, individual SIAP and Takeoff
Minimums and ODP copies may be obtained from:
    1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building,
800 Independence Avenue, SW., Washington, DC 20591; or
    2. The FAA Regional Office of the region in which the affected
airport is located.

FOR FURTHER INFORMATION CONTACT: Harry J. Hodges, Flight Procedure
Standards Branch (AFS-420) Flight Technologies and Programs Division,
Flight Standards Service, Federal Aviation Administration, Mike
Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma
City, OK 73169 (Mail Address: P.O. Box 25082 Oklahoma City, OK 73125)
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14, Code of Federal
Regulations, Part 97 (14 CFR part 97) by amending the referenced SIAPs.
The complete regulatory description of each SIAP is listed on the
appropriate FAA Form 8260, as modified by the National Flight Data
Center (FDC)/Permanent Notice to Airmen (P-NOTAM), and is incorporated
by reference in the amendment under 5 U.S.C. 552(a), 1 CFR part 51, and
Sec.  97.20 of Title 14 of the Code of Federal Regulations.
    The large number of SIAPs, their complex nature, and the need for a
special format make their verbatim publication in the Federal Register
expensive and impractical. Further, airmen do not use the regulatory
text of the SIAPs, but refer to their graphic depiction on charts
printed by publishers of aeronautical materials. Thus, the advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP contained in FAA form documents is
unnecessary. This amendment provides the affected CFR sections and
specifies the types of SIAP and the corresponding effective dates. This
amendment also identifies the airport and its location, the procedure
and the amendment number.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP as amended in the transmittal. For safety and
timeliness of change considerations, this amendment incorporates only
specific changes contained for each SIAP as modified by FDC/P-NOTAMs.
    The SIAPs, as modified by FDC P-NOTAM, and contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these changes to
SIAPs, the TERPS criteria were applied only to specific conditions
existing at the affected airports. All SIAP amendments in this rule
have been previously issued by the FAA in a FDC NOTAM as an emergency
action of immediate flight safety relating directly to published
aeronautical charts. The circumstances which created the need for all
these SIAP amendments requires making them effective in less than 30
days.
    Because of the close and immediate relationship between these SIAPs
and safety in air commerce, I find that notice and public procedure
before adopting these SIAPs are impracticable and contrary to the
public interest and, where applicable, that good cause exists for
making these SIAPs effective in less than 30 days.

Conclusion

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(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);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference, and
Navigation (Air).

    Issued in Washington, DC, on March 6, 2009.
John M. Allen,
Director, Flight Standards Service.

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me, Title 14, Code
of Federal regulations, Part 97, 14 CFR part 97, is amended by amending
Standard Instrument Approach Procedures, effective at 0901 UTC on the
dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120,
44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

Sec. Sec.  97.23, 97.25, 97.27, 97.29, 97.31, 97.33, and
97.35  [Amended]

    By amending: Sec.  97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec.  97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; Sec.
97.27 NDB, NDB/DME; Sec.  97.29 ILS, ILS/DME, ISMLS, MLS/DME, MLS/RNAV;
Sec.  97.31 RADAR SIAPs; Sec.  97.33 RNAV SIAPs; and Sec.  97.35 COPTER
SIAPs.

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        FDC date               State                 City                   Airport           FDC No.                        Subject
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02/20/09...............  SC                 NEWBERRY..............  NEWBERRY COUNTY.......       9/6480  NDB RWY 22, AMDT 6.
02/23/09...............  MD                 FREDERICK.............  FREDERICK MUNI........       9/6582  ILS OR LOC RWY 23, AMDT 5B.
02/27/09...............  NY                 BATAVIA...............  GENESEE COUNTY........       9/7308  ILS OR LOC RWY 28, AMDT 6.
03/03/09...............  ID                 CALDWELL..............  CALDWELL INDUSTRIAL...       9/7641  NDB RWY 30, AMDT 1.
03/03/09...............  ID                 CALDWELL..............  CALDWELL INDUSTRIAL...       9/7642  RNAV (GPS) RWY 30, AMDT 1.
03/03/09...............  ID                 CALDWELL..............  CALDWELL INDUSTRIAL...       9/7643  RNAV (GPS) RWY 12, AMDT 1.
03/03/09...............  CA                 MODESTO...............  MODESTO CITY-CO-HARRY        9/7694  ILS OR LOC/DME RWY 28R, AMDT 14.
                                                                     SHAM FLD.
03/03/09...............  KS                 WICHITA...............  BEECH FACTORY.........       9/7696  VOR/DME RNAV RWY 36, ORIG.
03/03/09...............  KS                 WICHITA...............  BEECH FACTORY.........       9/7697  VOR/DME RNAV RWY 18, ORIG.
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[FR Doc. E9-5661 Filed 3-16-09; 8:45 am]

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