[Federal Register Volume 88, Number 162 (Wednesday, August 23, 2023)]
[Proposed Rules]
[Pages 57374-57377]
[FR Doc No: 2023-18172]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2023-0510]
RIN 1625-AA08

Special Local Regulation; Atlantic Intracoastal Waterway,
Morehead City, NC

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 (SLR) for certain navigable waters of the Atlantic
Intracoastal Waterway (AICW) and Beaufort Inlet in Morehead City, North
Carolina. This SLR, which would be enforced annually for one weekend
each September, would restrict vessel traffic on the AICW and Beaufort
Inlet during high-speed boat races. The restriction of vessel traffic
movement in the SLR is proposed for the purpose of protecting
participants and spectators from the hazards posed by these events.
Entry of vessels or persons into this regulated area would be
prohibited unless specifically authorized by the Captain of the Port
(COTP), North Carolina or a designated representative. We invite your
comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before September 22, 2023.

ADDRESSES: You may submit comments identified by docket number USCG-
2023-0510 using the Federal Decision-Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Petty Officer Ken Farah, Waterways
Management Division, U.S. Coast Guard Sector North Carolina,
Wilmington, NC; telephone<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background, Purpose, and Legal Basis

    On March 13, 2023, the NC East Sports, Inc organization notified
the Coast Guard that it will be hosting the Crystal Coast Grand Prix
powerboat race in Morehead City, NC. This high speed boat race will
take place from 10 a.m. to 6 p.m. on the waters of the Atlantic
Intracoastal Waterway (AICW) and Beaufort Inlet each year on one
consecutive Friday, Saturday, and/or Sunday in September. It is
anticipated that approximately 60 high speed vessels will be
participating. The racecourse encompasses approximately 1.5 square
miles and will include all navigable waters of the AICW and

Beaufort Inlet, North Carolina from approximate positions more
particularly described in the discussion (paragraph III of this
preamble), below. The Captain of the Port, Sector North Carolina (COTP)
has determined that the presence of vessels not associated with the
race, and anyone else in or transiting the designated area of the AICW
and Beaufort Inlet in Morehead City, NC during the high speed vessel
race would pose a safety concern to the participating vessels, and to
spectators of the event, as well as to others within the designated
area. The purpose of this rulemaking is to ensure the safety of
vessels, participants, and other persons from the hazards associated
with the event.
    This proposed rule would modify 33 CFR 100.501 by listing a new
recurring marine event in Table 4 to Paragraph (i)(4), which covers the
Coast Guard Sector North Caroline--COTP Zone. The Coast Guard is
proposing this rulemaking under authority in 46 U.S.C. 70041.

III. Discussion of Proposed Rule

    The COTP is proposing to establish a SLR which would be enforced on
a portion of the AICW and Beaufort Inlet from 10 a.m. until 6 p.m. each
year on one consecutive Friday, Saturday, and/or Sunday in September.
The times of enforcement would be broadcast locally over VHF-FM marine
radio via a Broadcast Notice to Mariners (BNM), Marine Safety
Information Bulletin (MSIB), and Local Notice to Mariners (LNM).
    The regulated area would encompass approximately 1.5 square miles
and would include all navigable waters of the AICW and Beaufort Inlet,
North Carolina, from approximate positions: latitude 34[deg]42'55''N,
longitude 076[deg]43'15''W, then east to latitude 34[deg]42'56''N,
longitude 076[deg]42'13''W, then east to latitude 34[deg]42'57''N,
longitude 076[deg]41'41''W, then east to latitude 34[deg]42'57''N,
longitude 076[deg]41'25''W, then south east to latitude
34[deg]42'23''N, longitude 076[deg]40'44''W, then south to latitude
34[deg]41'59''N, longitude 076[deg]40'43''W, then north west to
latitude 34[deg]42'32''N, longitude 076[deg]42'14''W, then west to
latitude 34[deg]42'32''N, longitude 076[deg]43'15''W, then north to its
point of origin.
    This SLR provides additional information about areas that would be
included within the regulated area, including their definitions. These
areas include ``Race Area,'' ``Spectator Area,'' and ``Buffer Zone.''
    The size of the regulated area is intended to ensure the safety of
life on these navigable waters before, during, and after activities
associated with the high speed boat race. The COTP and the Coast Guard
Event Patrol Commander (PATCOM) have authority to forbid and control
the movement of all vessels and persons, including event participants,
in the regulated area. When hailed or signaled by an official patrol, a
vessel or person in the regulated area must immediately comply with the
directions given by the COTP or Event PATCOM. If a person or vessel
fails to follow such directions, the Coast Guard may expel them from
the area, issue them a citation for failure to comply, or both.
    Except for Crystal Coast Grand Prix race participants and vessels
already at berth, a vessel or person would have to get permission from
the COTP or Event PATCOM to remain in the regulated area during an
enforcement period or to enter the regulated area. Vessel operators
would be required to request permission to enter and transit through
the regulated area by contacting the Event PATCOM on VHF-FM channel 16.
Vessel traffic would be able to safely transit the regulated area once
the Event PATCOM deemed it safe to do so. A vessel within the regulated
area would have to operate at safe speed that minimized wake. A person
or vessel not registered with the event sponsor as a participant or
assigned as official patrols would be considered a spectator. Official
Patrols would include any vessel assigned or approved by the Commander,
Coast Guard Sector North Carolina with a commissioned, warrant, or
petty officer on board and displaying a Coast Guard ensign. Official
Patrols enforcing this regulated area can be contacted on VHF-FM
channel 16 and channel 22A.
    If permission is granted by the COTP or Event PATCOM, a person or
vessel would be allowed to enter the regulated area or pass directly
through the regulated area as instructed. A spectator vessel would be
prohibited from loitering within the Race Zone, Buffer Zone, or other
portions of the navigable channel while it was within the regulated
area. Official patrol vessels would direct spectators to the designated
spectator area. Only participant vessels would be allowed to enter the
Race Area, and the Buffer Zone, if necessary.
    The proposed duration of this SLR is intended to protect
participants and spectators on the navigable waters of the AICW and
Beaufort Inlet during the high-speed boat race. Vessels could request
permission to pass through the SLR between race heats. No vessel or
person would be permitted to enter the SLR without obtaining permission
from the COTP North Carolina or a designated representative. The
regulatory text we are proposing appears at the end of this document.

IV. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This NPRM has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, the NPRM has not been reviewed by the Office of Management
and Budget (OMB).
    This regulatory action determination is based on the size,
location, and duration of the SLR. Vessel traffic would not be allowed
to enter or transit a portion of the AICW or Beaufort Inlet during an
active race event from 10 a.m. through 6 p.m. each year on the second
or last Friday, Saturday, and Sunday in September. The rule would,
however, allow vessels to request permission to pass through the
regulated area between race heats. The Coast Guard will transmit a BNM
via VHF-FM marine channel 16, publish an MSIB, and post a LNM regarding
the enforcement period of the SLR.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.

    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.
    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 proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call or email the person listed in the
FOR FURTHER INFORMATION CONTACT section. 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.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves an SLR to
be enforced during active race events. Normally such actions are
categorically excluded from further review under paragraph L61 of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
preliminary Memorandum for the Record supporting this determination is
available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. 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.
    Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2023-0510 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
    Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
    We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
    Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard proposes
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:  46 U.S.C. 70041; 33 CFR 1.05-1.

0
2. In Sec.  100.501, amend table 4 to paragraph (i)(4) by adding a new
entry at the end of the table to read as follows:

Sec.  100.501  Special Local Regulations; Marine Events Within the
Fifth Coast Guard District.

* * * * *
    (i) * * *
    (4) * * *

                                           Table 4 to Paragraph (i)(4)
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               Event                        Regulated area         Enforcement period(s)          Sponsor
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Crystal Coast Grand Prix Powerboat   All navigable waters of the  One consecutive         NC East Sports, INC.
 Race.                                AICW and Beaufort Inlet,     Friday, Saturday, and/
                                      North Carolina from          or Sunday in
                                      approximate positions:       September.
                                      latitude 34[deg]42'55'' N,
                                      longitude 076[deg]43'15''
                                      W, then east to latitude
                                      34[deg]42'56'' N,
                                      longitude 076[deg]42'13''
                                      W, then east to latitude
                                      34[deg]42'57'' N,
                                      longitude 076[deg]41'41''
                                      W, then east to latitude
                                      34[deg]42'57'' N,
                                      longitude 076[deg]41'25''
                                      W, then south east to
                                      latitude 34[deg]42'23'' N,
                                      longitude 076[deg]40'44''
                                      W, then south to latitude
                                      34[deg]41'59'' N,
                                      longitude 076[deg]40'43''
                                      W, then north west to
                                      latitude 34[deg]42'32'' N,
                                      longitude 076[deg]42'14''
                                      W, then west to latitude
                                      34[deg]42'32'' N,
                                      longitude 076[deg]43'15''
                                      W, then north to its point
                                      of origin.
                                     Race area: All navigable
                                      waters of the AICW and
                                      Beaufort Inlet, North
                                      Carolina, from approximate
                                      positions: latitude
                                      34[deg]42'52'' N,
                                      longitude 076[deg]43'16''
                                      W, then east to latitude
                                      34[deg]42'52.2'' N,
                                      longitude
                                      076[deg]42'11.04'' W, then
                                      east to latitude
                                      34[deg]42'53.76'' N,
                                      longitude
                                      076[deg]41'38.04'' W, then
                                      southeast to latitude
                                      34[deg]42'10.8'' N,
                                      longitude
                                      076[deg]40'44.4'' W, then
                                      south to latitude
                                      34[deg]42'4.3'' N,
                                      longitude
                                      076[deg]40'48.1'' W, then
                                      northwest to latitude
                                      34[deg]42'47.34'' N,
                                      longitude 076[deg]41'49''
                                      W, then west to latitude
                                      34[deg]42'50'' N,
                                      longitude 076[deg]43'16''
                                      W, then north to the point
                                      of origin.
                                     Spectator area: All waters
                                      of the AICW, North
                                      Carolina, from approximate
                                      positions: latitude
                                      34[deg]42'42'' N,
                                      longitude 076[deg]43'15''
                                      W, then east to latitude
                                      34[deg]42'41'' N,
                                      longitude 076[deg]42'14''
                                      W, then south to latitude
                                      34[deg]42'32'' N.
                                      longitude 076[deg]42'14''
                                      W, then west to latitude
                                      34[deg]42'32'' N,
                                      longitude 076[deg]43'15''
                                      W, then north to the point
                                      of origin.
                                     Buffer zone: All waters of
                                      the AICW and Beaufort
                                      Inlet, North Carolina,
                                      from approximate
                                      positions: latitude
                                      34[deg]42'55'' N,
                                      longitude 076[deg]43'15''
                                      W, then east to latitude
                                      34[deg]42'56'' N,
                                      longitude 076[deg]42'13''
                                      W, then east to latitude
                                      34[deg]42'57'' N,
                                      longitude 076[deg]41'41''
                                      W, then east to latitude
                                      34[deg]42'57'' N,
                                      longitude 076[deg]41'25''
                                      W, then south east to
                                      latitude 34[deg]42'23'' N,
                                      longitude 076[deg]40'44''
                                      W, then south to latitude
                                      34[deg]41'59'' N,
                                      longitude 076[deg]40'43''
                                      W, then north west to
                                      latitude 34[deg]42'41'' N,
                                      longitude 076[deg]42'05''
                                      W, then west to latitude
                                      34[deg]42'42'' N,
                                      longitude 076[deg]43'15''
                                      W, then north to its point
                                      of origin.
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\1\ As noted, the enforcement dates and times for each of the listed events in this table are subject to change.
  In the event of a change, or for enforcement periods listed that do not allow a specific date or dates to be
  determined, the Captain of the Port will provide notice to the public by publishing a Notice of Enforcement in
  the Federal Register, as well as, issuing a Broadcaster Notice to Mariner.

    Dated: August 14, 2023.
Timothy J. List,
Captain, U.S. Coast Guard, Captain of the Port, Sector North Carolina.
[FR Doc. 2023-18172 Filed 8-22-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: August 24, 2009 (Volume 74, Number 162)]
[Notices]
[Page 42707-42708]
[DOCID:fr24au09-110]

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SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

Upon written request, copies available from: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

Extension: Form F-80, OMB Control No.

3235-0404, SEC File No. 270-357.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq. ), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget a request for extension of the previously approved
collection of information discussed below.
    Form F-80 (17 CFR 239.41) is used by large, publicly-traded
Canadian foreign private issuers registering securities that are
offered in business combinations and exchange offers. The information
collected is intended to ensure that the information required to be
filed by the Commission permits verification of compliance with
securities law requirements and assures the public availability of the
information. The information provided is mandatory and all information
is made available to the public upon request. Form F-80 takes
approximately 2 hours per response and is filed by approximately 4
issuers for a total annual burden of 8 hours. The estimated burden of 2
hours per response was based upon the amount of time necessary to
compile the registration statement using the existing Canadian
prospectus plus any additional information required by the Commission.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid control number.
    Written comments regarding the above information should be directed
to the following persons: (i) Desk Officer for the Securities and
Exchange Commission, Office of Information and Regulatory Affairs,
Office of Management and Budget, Room 10102, New Executive Office
Building, Washington, DC 20503 or send an e-mail to Shagufta_
<EMAIL_ADDRESS>and (ii) Charles Boucher, Director/CIO, Securities
and Exchange Commission, C/O Shirley Martinson, 6432 General Green Way,
Alexandria, Virginia 22312; or send an e-mail to<EMAIL_ADDRESS>
Comments must be submitted to OMB within 30 days of this notice.

    Dated: August 17, 2009.
Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E9-20187 Filed 8-21-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 80, Number 85 (Monday, May 4, 2015)]
[Proposed Rules]
[Pages 25247-25249]
[FR Doc No: 2015-10180]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-0933; Directorate Identifier 2014-NM-098-AD]
RIN 2120-AA64

Airworthiness Directives; Fokker Services B.V. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
Fokker Services B.V. Model F.27 Mark 200, 300, 400, 500, 600, and 700
airplanes. This proposed AD was prompted by a design review, which
revealed that no controlled bonding provisions are present on a number
of critical locations inside the fuel tank or connected to the fuel
tank wall; and no anti-spray cover is installed on the fuel shut-off
valve (FSOV) in both wings. This proposed AD would require installing
additional bonding provisions in the fuel tank, installing an anti-
spray cover on the FSOV, and revising the airplane maintenance program
by incorporating fuel airworthiness limitation items and critical
design configuration control limitations. We are proposing this AD to
prevent an ignition source in the fuel tank vapor space, which could
result in a fuel tank explosion and consequent loss of the airplane.

DATES: We must receive comments on this proposed AD by June 18, 2015.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
0933; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received and other information. The street address for the Docket
Operations office (telephone<PHONE_NUMBER>) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2015-0933;
Directorate Identifier 2014-NM-098-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the

closing date and may amend this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2014-0099, dated April 30, 2014 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for all Fokker Services
B.V. Model F.27 Mark 200, 300, 400, 500, 600, and 700 airplanes. The
MCAI states:

    Prompted by an accident * * *, the FAA published Special Federal
Aviation Regulation (SFAR) 88, and the Joint Aviation Authorities
(JAA) published Interim Policy INT/POL/25/12.
    The review conducted by Fokker Services on the Fokker 27 design
in response to these regulations revealed that no controlled bonding
provisions are present on a number of critical locations, inside the
fuel tank or connected to the fuel tank wall, and no anti-spray
cover is installed on the Fueling Shut-Off Valve (FSOV) in both
wings.
    This condition, if not corrected, could create an ignition
source in the fuel tank vapour space, possibly resulting in a fuel
tank explosion and consequent loss of the aeroplane.
    To address this potential unsafe condition, Fokker Services
developed a set of bonding modifications and anti-spray covers,
introduced with Service Bulletin (SB) SBF27-28-071 Revision 1 (R1),
that require opening of the fuel tank access panels. More
information on this subject can be found in Fokker Services All
Operators Message AOF27.043#03.
    For the reasons described above, this [EASA] AD requires
installation of additional bonding provisions, and of anti-spray
covers on the FSOV, that require opening of the fuel tank access
panels.

    Required actions also include revising the airplane maintenance
program by incorporating fuel airworthiness limitation items and
critical design configuration control limitations. You may examine the
MCAI in the AD docket on the Internet at http://www.regulations.gov by
searching for and locating Docket No. FAA-2015-0933.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
    This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections) and
Critical Design Configuration Control Limitations (CDCCLs). Compliance
with these actions and CDCCLs is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this AD, the operator may not be able to
accomplish the actions described in the revisions. In this situation,
to comply with 14 CFR 91.403(c), the operator must request approval for
an alternative method of compliance according to paragraph (j) of this
AD. The request should include a description of changes to the required
inspections that will ensure the continued operational safety of the
airplane.

Costs of Compliance

    We estimate that this proposed AD affects 15 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Installation of bonding provisions,   70 work-hours x $85 per              $0           $5,950          $89,250
 anti-spray cover, and maintenance     hour = $5,950.
 program revision.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

Fokker Services B.V.: Docket No. FAA-2015-0933; Directorate
Identifier 2014-NM-098-AD.

(a) Comments Due Date

    We must receive comments by June 18, 2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Fokker Services B.V. Model F.27 Mark 200,
300, 400, 500, 600, and 700 airplanes, certificated in any category,
all serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel.

(e) Reason

    This AD was prompted by a design review, which revealed that no
controlled bonding provisions are present on a number of critical
locations inside the fuel tank or connected to the fuel tank wall;
and no anti-spray cover is installed on the fuel shut-off valve
(FSOV) in both wings. We are issuing this AD to prevent an ignition
source in the fuel tank vapor space, which could result in a fuel
tank explosion and consequent loss of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Installation of Bonding Provisions and Anti-Spray Cover

    At the next scheduled opening of the fuel tanks after the
effective date of this AD, but no later than 84 months after the
effective date of this AD: Install additional bonding provisions at
the applicable locations, and install an anti-spray cover on the
FSOV in both wings, using a method approved by the Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA.

(h) Revision of Maintenance or Inspection Program

    Within 30 days after installing the bonding provisions and anti-
spray cover specified in paragraph (g) of this AD: Revise the
airplane maintenance or inspection program, as applicable, by
incorporating fuel airworthiness limitation items and Critical
Design Configuration Control Limitations (CDCCLs), using a method
approved by the Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA.

(i) No Alternative Actions, Intervals, and/or CDCCLs

    After accomplishing the revision required by paragraph (h) of
this AD, no alternative actions (e.g., inspections), intervals, or
CDCCLs may be used unless the actions, intervals, or CDCCLs are
approved as an alternative method of compliance (AMOC) in accordance
with the procedures specified in paragraph (j) of this AD.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Tom
Rodriguez, Aerospace Engineer, International Branch; ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton,
WA 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Information
may be emailed to<EMAIL_ADDRESS>Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office. The
AMOC approval letter must specifically reference this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or the EASA;
or Fokker Services B.V.'s EASA Design Organization Approval (DOA).
If approved by the DOA, the approval must include the DOA-authorized
signature.

(k) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI)
EASA Airworthiness Directive 2014-0099, dated April 30, 2014, for
related information. This MCAI may be found in the AD docket on the
Internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2015-0933.

    Issued in Renton, Washington, on April 17, 2015.
Victor Wicklund,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-10180 Filed 5-1-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 230 (Friday, December 3, 2021)]
[Rules and Regulations]
[Pages 68562-68564]
[FR Doc No: 2021-26281]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0885]
RIN 1625-AA00

Safety Zone; Lower Mississippi River, Southwest Pass Sea Buoy to
Mile Marker 101, New Orleans, LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary moving safety zone
around the heavy load carrier vessel ZHEN HUA 23 as she transits the
Lower Mississippi River between the Southwest Pass Sea Buoy and Port of
New Orleans Terminal, mile marker 101. The moving safety zone extends
from bank to bank encompassing one-mile ahead and one-mile astern of
the vessel. This safety measure is necessary to protect persons and
vessels from the potential safety hazards associated with congested
maritime traffic on the Lower Mississippi River and the limited
maneuverability and visibility of the vessel.

DATES: This rule is effective from December 5, 2021 through December
15, 2021.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0885 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander William Stewart, Sector New Orlean,
U.S. Coast Guard; telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

AHP Above Head of Passes
BHP Below Head of Passes
BNM Broadcast Notice to Mariners
CFR Code of Federal Regulations
COTP Captain of the Port Sector New Orleans
DHS Department of Homeland Security
FR Federal Register
LMR Lower Mississippi River
LNM Local Notice to Mariners
MM Mile Marker
NPRM Notice of proposed rulemaking
MSIB Marine Safety Informtion Bulletin
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the expected arrival of the vessel is
less than two weeks away. It is impracticable to publish an NPRM
because we must establish this safety zone prior to the vessel's
arrival on December 5, 2021.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
respond to the potential safety hazards associated with potential
safety hazards associated with congested maritime traffic on the Lower
Mississippi River and the limited maneuverability and visibility of the
heavy load carrier vessel.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port New Orleans
(COTP) has determined that temporary moving safety zone is necessary to
provide for the safety of persons, vessels, and the marine environment
during the transit of the heavy load carrier vessel ZHEN HUA 23 to the
Port of New Orleans with limited maneuverability and visibility.
Potential hazards include risk of injury if normal vessel traffic were
to interfere with the vessel's movement. The transit is scheduled to
take place from 6 a.m. on December 5, 2021 through 8 p.m. on December
15, 2021, in the navigable waters of the Lower Mississippi River. This
rule is needed to protect persons, vessels, and the marine environment
from hazards associated with the vessel's limited maneuverability and
visibility in the navigable waters within the safety zone while the
vessel transits.

IV. Discussion of the Rule

    This rule establishes a temporary moving safety zone from December
5, 2021 through December 15, 2021. The safety zone will cover all
navigable waters around the heavy load carrier vessel ZHEN HUA 23 as
she transits the Lower Mississippi River between the Southwest Pass Sea
Buoy and Port of New Orleans Terminal, MM 101. The moving safety zone
extends from bank to bank encompassing one-mile ahead and one-mile
astern of the vessel. This safety measure is necessary to protect
persons and vessels from the potential

safety hazards associated with congested maritime traffic on the Lower
Mississippi River and the limited maneuverability and visibility of the
vessel. No vessel or person will be permitted to enter the safety zone
without obtaining permission from the COTP or a designated
representative.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
    This regulatory action determination is based on minimal impacts on
routine navigation expected. The temporary moving safety zone will not
interfere with a vessel's ability to make passing and overtaking
arrangements. Routine navigation around and near the proposed safety
zone will not be impacted. The temporary moving safety zone is intended
to enable early notification of passing or overtaking arrangements,
providing additional time and opportunity to negotiate navigational
arrangements and to maneuver without causing delay in transit for both
the heavy load carrier and the other vessels operating in the area.

B. Impact on Small Entities

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

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves
establishing a temporary moving safety zone one mile ahead, one mile
astern and bank to bank of heavy load carrier vessel ZHEN HUA 23 on the
LMR, lasting ten days. It is categorically excluded from further review
under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 1. A Record of Environmental Consideration
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1,
Revision No. 01.2.

0
2. Add Sec.  165.T08-0885 to read as follows:

Sec.  165.T08-0885  Safety Zone; Lower Mississippi River, Southwest
Pass Sea Buoy to Mile Marker 101, New Orleans, LA.

    (a) Location. The following area is a safety zone: All navigable
waters within the Lower Mississippi River and Southwest Pass, around
heavy lift carrier vessel ZHEN HUA 23 transiting between the Southwest
Pass Entrance Lighted Buoy ``SW'', at approximate position
28[deg]52'42'' N, 89[deg]25'54'' W [NAD 83] and Port of New Orleans at
approximate LMR MM 101 in New Orleans, Louisiana. The temporary moving
safety zone extends bank to bank, encompassing all waters one-mile
ahead and one-mile astern of the vessel. The zone remains in effect
during the entire transit of the vessel.
    (b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port New Orleans (COTP) in the enforcement of the safety
zone.
    (c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative, except as provided for in paragraph
(c)(3) of this section.
    (2) For this section the Pilot directing the movement of the heavy
load carrier vessel ZHEN HUA 23 under the authority of the master has
the authority to allow other vessels to enter the safety zone when
necessary.
    (3) All vessels are prohibited from entering this safety zone
unless authorized as follows:
    (i) Vessels that have made suitable passing or overtaking
arrangements with the pilot onboard the vessel ZHEN HUA 23 may enter
into this safety zone in accordance with those agreed upon
arrangements.
    (ii) Moored vessels or vessels anchored in a designated anchorage
area may remain in their current moored or anchored position while the
vessel ZHEN HUA 23 transits the area.
    (iii) Barge Fleets or vessels working a fleet may continue their
current operations while the vessel ZHEN HUA 23 transits the area.
    (4) Vessels requiring a deviation from this rule must request
permission from the Captain of the Port New Orleans. The Captain of the
Port New Orleans may be contacted at<PHONE_NUMBER>.
    (d) Enforcement period. This section will be enforced from 6 a.m.
on December 5, 2021 through 8 p.m. on December 15, 2021.
    (e) Information broadcasts. The COTP or a designated representative
will inform the public of the enforcement times and date for this
safety zone through Broadcast Notices to Mariners (BNMs), Local Notices
to Mariners (LNMs), and/or Marine Safety Information Bulletins (MSIBs)
as appropriate.

    Dated: November 29, 2021
W.E. Watson,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2021-26281 Filed 12-2-21; 8:45 am]
BILLING CODE 9110-04-P


Supporting Statement: Application for Reimbursement to Local Governments for Emergency Response to Hazardous Substance Releases under CERCLA Section 123 (Renewal)

                    EPA ICR No. 1425.11, OMB No. 2050-0077

A.	Justification

      l.	Need for the Information Collection

      Section 123 of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), as amended by the Superfund Amendments and Reauthorization Act of 1986, requires the Environmental Protection Agency (EPA) to promulgate rules by which any general purpose unit of local government may apply to EPA for reimbursement for costs incurred in carrying out temporary emergency measures necessary to prevent or mitigate injury to human health or the environment associated with the release or threatened release of any hazardous substance or pollutant or contaminant. The Statute limits the maximum award for a single response to $25,000.  The Local Governments Reimbursement (LGR) Program is a voluntary program aimed at alleviating burden incurred by general purpose units of local government from carrying out temporary emergency measures in response to the release of hazardous substances.

      The Agency requires applicants for reimbursement to submit an application package that demonstrates consistency with program eligibility criteria and certifies compliance with the reimbursement requirements.  This information collection is necessary to ensure proper use and appropriate distribution of reimbursement awards among applicants. EPA will receive and closely evaluate reimbursement requests in accordance with the promulgated final rule (63 FR 8283; Vol. 63 No. 32) to ensure that the most deserving cases receive awards.

      2.	Description and Practical Utility of the Information Collection Activity

      Applicants must complete and submit to EPA an application package supplied by the Agency.  The application package confirms that the costs were incurred for temporary emergency measures necessary to protect human health and the environment.  The application submitted by the local government or agency requesting reimbursement is reviewed by EPA to ensure compliance with all statutory and program requirements.

      EPA uses a standard application form because it reduces confusion about what information is to be supplied, helps ensure that all applicants are evaluated on the basis of comparable information, and enables reviewers to check applications for completeness and consistency quickly.  The form requests five basic pieces of information: (1) identification of the local government requesting reimbursement; (2) information about the incident; (3) information about the response, including the specific temporary emergency measures for which reimbursement is being sought; (4) cost data; and (5) certifications and signature of the highest ranking official or authorized representative of the local government.  Detailed instructions for completing the form and example are included in the application package provided by EPA to potential requesters.

      Section 1 of the application identifies the general purpose unit seeking reimbursement and the means of contacting the applicant.  This information is necessary to facilitate the exchange of information between the applicant and the Agency.

      Section 2 of the application describes the incident, specifically including information on the date and time of occurrence or discovery; location of the incident; source or cause of the release; identity of the hazardous substances released; and the associated threats to human health and the environment.  Space is also provided for additional information pertinent to the incident.  EPA requires detailed information on the nature of the incident to ensure that hazardous substances covered under CERCLA were involved and warranted temporary emergency measures.

      Section 3 of the application describes the response -- specifically information on the date and time of response initiation; date of response completion; response participants; response activities; and the temporary emergency measures for which reimbursement is sought.  Space is also provided for additional information pertinent to the response.  Information in this section is crucial for EPA's determination of whether the response was appropriate and necessary to prevent or mitigate injury to human health or the environment.  The information in this section will confirm whether the response was not inconsistent with CERCLA and the The National Oil and Hazardous Substances Pollution Contingency Plan (NCP) and meets the eligibility criteria for reimbursement established by 40 CFR 310.

      Section 4 of the application contains information on the costs which were directly related to the response effort and for which reimbursement is being sought.  In addition to the total reimbursement amount requested, a cost breakdown is provided.  This section also requires inclusion of all supporting documentation (e.g., invoices, sales receipts, rental agreements).  Cost information is necessary to determine the amount of the potential reimbursement.  A cost breakdown allows the Agency to determine which costs are eligible for reimbursement.

      The regulation requires that applicants certify that they first sought reimbursement from other sources before seeking reimbursement through the local governments reimbursement program.  Section 4 of the application also requests applicants to certify their attempts to recover costs from other sources, including responsible parties, local government insurance funds, or the state.

      The information contained in the application is the minimum required by EPA to make prudent reimbursement decisions.  It demonstrates that the reimbursement being requested is consistent with the statutory requirements of §123 of CERCLA and the regulatory requirements of the NCP.

      Applicants receiving reimbursement from the Superfund are required to maintain all cost documentation and any other records relating to the reimbursement request, and to provide EPA with access to such records. If, after three years from the date of reimbursement, EPA has not initiated a cost recovery action, the applicant may dispose of the records. The applicant, however, must notify EPA and allow EPA the opportunity to take possession of the records before they are destroyed.

      3.	Use of Improved Information Technology to Minimize Burden

      Because reimbursement is sought after the completion of response activities, and response activities vary greatly depending on the nature and size of the incident, collection of the necessary information is best accomplished through a written application form. A written application allows for individual review of each request and consideration of any extenuating circumstances described in the application.  The Agency realizes that some of the most deserving applicants may be small or poor communities that do not have the administrative resources to prepare a complex or burdensome application.  Since the intent of the reimbursement to local governments rule is to assist those localities that have incurred the most severe financial burden from responding to a hazardous substance emergency, EPA has attempted to minimize applicant burden as much as possible.

      The level of sophistication of local governments who apply to this program will vary greatly depending on their available resources.  For those applicants who have access to the computer technology, EPA has developed an electronic application form and provides other information and assistance electronically.

The Agency has taken the following steps to minimize applicant burden:

      ::	Allowed response notification through existing channels instead of mandating a response notification exclusively for reimbursement;
      ::	Limited application submittal to one agency or unit of local government per response;
      ::	Developed and revised a standard application form that is brief and straightforward;
      ::	Allowed the local government one year from completion of the response during which to prepare and file an application;
      ::	Established a toll-free telephone line for local governments to request applications and obtain guidance and assistance on the local governments reimbursement program;
      ::	Developed an electronic application software package; and
      ::	Developing an Internet site where local governments can obtain information on this and related programs, review instructions and guidance on the application process, and download application forms.

      4.   	Non-Duplication

      During development of the local governments reimbursement rule, EPA conducted research into other EPA programs and federal agency programs to determine if the information required for the local-governments reimbursement program was already being collected elsewhere.

      Within EPA, the following programs were investigated: the Asbestos in Schools Hazard Abatement Program; Pesticides Indemnification Program; Municipal Water Treatment Works Construction Grants Program.

      Other federal agencies investigated include: Federal Emergency Management Agency; Department of Transportation (State Highway Aid Program); Department of Agriculture (Casual Firefighter Program); Department of Education (Impact Aid/Disaster Aid Program); Department of State (Protection of Foreign Missions and Officials Program); Department of Health and Human Services; Department of Housing and Urban Development.

      The New York State Spill Fund, New Jersey State Spill Fund, and the California Emergency Response Fund also were researched.  Pursuant to this research, EPA concluded that the information required of reimbursement applicants is specific and unique to the reimbursement program and is not duplicated by any other federal agency/department or EPA program office.

      5.   	Minimizing Burden for Small Business

      The Local Governments Reimbursement (LGR) Program does not directly involve, or produce burden for, small businesses.

      6.	Consideration of Less Frequent Collection

      The reimbursement application process involves only one collection of information.  Therefore, it would not be feasible to collect information less frequently.

      7. 	Special Circumstances

      This ICR does not exceed any of the OMB guidelines found 5 CFR 1320.5(d)(2).

      8. 	Public Notice Required Prior to ICR Submission to OMB

	The Federal Register Notice required under 5 CFR 1320.8(d), soliciting comments on this collection of information was published in the Federal Register (83 FR 11747) on March 16, 2018 and the comment period closed on May 16, 2018.   No comments were received.

      9.	Payments and Gifts

      No payments or gifts are used in association with the collection activities for this program.

      10.  	Confidentiality

      The local government reimbursement regulation does not require any confidential information.

      11. 	 Sensitive Questions

      The local governments reimbursement regulation does not request any information of a sensitive nature.

      12. 	Estimation of the Hourly Burden of the Collection

            a. 	Estimation of Hourly Burden for Respondents

            Requests for reimbursement consist of a completed application form and supporting documentation that verifies costs incurred in a particular response and are eligible for reimbursement.  The actual preparation of the application package and the filing and maintaining of records are the only sources of burden on applicants seeking reimbursement.

            EPA conducted a test of the application form and instructions with eight Agency and contractor staff and recorded the time required to perform each step involved in preparing an application.  Testers read the preamble and reimbursement rule, a fact sheet on a fictitious response, supporting documentation (such as sales receipts, rental agreements, etc.) and completed the actual form requesting reimbursement for the fictitious response.  Estimated response times for each task are noted below in Table 1.

                Estimation of Burden for the Agency (see Table 2)

            The agency activities included in this estimate are: reviewing applications for compliance with the regulation, contacting applicants to request revisions or supplementary information, performing training and outreach on the program, maintaining all applications, and developing and maintaining electronic systems associated with the program. Based on previous experience, EPA estimates that carrying-out these activities will require approximately 3,132 (1.5 FTEs) of labor hours per year.

      13.  	Estimated Total Annual Cost Burden to Responders: $ 4,995 (See Table 1)

                                    Table 1

             Estimated Burden on Applicants Seeking Reimbursement
                       for Temporary Emergency Measures
                              Under §123 of SARA
______________________________________________________________________________
Burden Item							Average Hours per Application

Read Instructions[a]									1
Gather Information[b]									3
Compile Information[c]									3
Complete Application[d]								1
File and Maintain Information[e]	   					      ___1___

Total Estimated Burden Hours Per Application					9
Total Estimated Number of Applications Submitted by
All Applicants per Year							     x_30[f]__

Total Estimated Annual Burden Hours					       270

Total Estimated Cost Burden to Responders[g] 				$  4,995

 Time to read or hear instructions.  This includes the time which will be needed by applicants to familiarize themselves with the requirements for requesting reimbursement and the instructions for completing the application form.
 Time to gather information.  This includes the time necessary to collect various reports from files and extract pertinent information and find additional reference materials and information.
 Time to compile information.  This includes the time necessary to assemble information specific to the response for which reimbursement is being sought.  This may include interviewing first responders and ascertaining the number of work-hours involved in the response.
 Time to complete application.  This includes the time required to enter the pertinent information on the application form in accordance with the line-by-line instructions.
 Time to file and maintain information.  This includes the time needed for preparing file folders, indexes, and filing.
 Approximately 30 applications are received each year.
 Estimated hourly rate is $18.50. This estimate takes into consideration that the application may be prepared by a secretary, Fire Chief, County Clerk, Health Professional, or other administrative staff.

      14.	Estimated Cost to the Federal Government: $ 167,273 per year (See Table 2)

                                    Table 2
                           Estimate of Agency Costs

 Cost Per FTE						FTE			     $

      Personnel compensation and benefits[a]		1			96,970.00
      Overhead (15% of FTE)[b]				   			14,545.50
      Total							1		          111,515.50

             Source: FY 2018 Budget data (EPA Office of Emergency Response Management), average PC&B Cost per FTE in HQ.
             Includes travel, rent, contract services (maintenance), and supplies and materials.

 Cost for 1.5 FTE = $111,515.50 x 1.5 = $167,273
 Calculated annual hours per federal FTE: 2088
 1.5 FTE = 3,132 hrs. per year

      15.	 Reasons for Change in Burden

There are no expected changes to overall burden or number of annual respondents since this ICR was last renewed.

B.	Collection of Information Employing Statistical Methods

This information collection does not use statistical methods or techniques

______________________________________________________________________________
 Burden Statement

The public reporting and recordkeeping burden for this collection of information is estimated to average approximately 9 hours per application. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency.  This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information.  An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.  The OMB control numbers for EPA's regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15.

      Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460; and to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Officer for EPA.  Include the EPA ICR number and OMB control number in any correspondence.


[Federal Register Volume 77, Number 223 (Monday, November 19, 2012)]
[Notices]
[Page 69489]
[FR Doc No: 2012-28063]

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

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3356-EM; Docket ID FEMA-2011-0001]

Pennsylvania; Emergency and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This is a notice of the Presidential declaration of an
emergency for the Commonwealth of Pennsylvania (FEMA-3356-EM), dated
October 29, 2012, and related determinations.

DATES: Effective Date: October 29, 2012.

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: Notice is hereby given that, in a letter
dated October 29, 2012, the President issued an emergency declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121-5207 (the Stafford Act), as
follows:

    I have determined that the emergency conditions in certain areas
of the Commonwealth of Pennsylvania resulting from Hurricane Sandy
beginning on October 26, 2012, and continuing, are of sufficient
severity and magnitude to warrant an emergency declaration under the
Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42
U.S.C. 5121 et seq. (``the Stafford Act''). Therefore, I declare
that such an emergency exists in the Commonwealth of Pennsylvania.
    You are authorized to provide appropriate assistance for
required emergency measures, authorized under Title V of the
Stafford Act, to save lives and to protect property and public
health and safety, and to lessen or avert the threat of a
catastrophe in the designated areas. Specifically, you are
authorized to provide assistance for emergency protective measures
(Category B), limited to direct Federal assistance, under the Public
Assistance program.
    Consistent with the requirement that Federal assistance is
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance will be limited to 75 percent of the total
eligible costs. In order to provide Federal assistance, you are
hereby authorized to allocate from funds available for these
purposes such amounts as you find necessary for Federal emergency
assistance and administrative expenses.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, Department
of Homeland Security, under Executive Order 12148, as amended, Thomas
J. McCool, of FEMA is appointed to act as the Federal Coordinating
Officer for this declared emergency.
    The following areas of the Commonwealth of Pennsylvania have been
designated as adversely affected by this declared emergency:

    Emergency protective measures (Category B), limited to direct
federal assistance, under the Public Assistance program for all
counties in the Commonwealth of Pennsylvania.

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. 2012-28063 Filed 11-16-12; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register: February 21, 2008 (Volume 73, Number 35)]
[Notices]
[Page 9576-9577]
[DOCID:fr21fe08-70]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2008-D-0083 (formerly Docket No. 2006D-0296)]

International Conference on Harmonisation; Guidance on Q4B
Evaluation and Recommendation of Pharmacopoeial Texts for Use in the
ICH Regions; Annex on Residue on Ignition/Sulphated Ash General
Chapter; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of a guidance entitled ``Q4B Evaluation and Recommendation
of Pharmacopoeial Texts for Use in the ICH Regions; Annex 1: Residue on
Ignition/Sulphated Ash General Chapter.'' The guidance was prepared
under the auspices of the International Conference on Harmonisation of
Technical Requirements for Registration of Pharmaceuticals for Human
Use (ICH). The guidance provides the results of the ICH Q4B evaluation
of the Residue on Ignition/Sulphated Ash General Chapter harmonized
text from each of the three pharmacopeias (United States, European, and
Japanese) represented by the Pharmacopoeial Discussion Group (PDG). The
guidance conveys recognition of the three pharmacopeial methods by the
three ICH regulatory regions and provides specific information
regarding the recognition. The guidance is intended to recognize the
interchangeability among these texts from the local regional
pharmacopeias, thus avoiding redundant testing in favor of a common
testing strategy in each regulatory region. Elsewhere in this issue of
the Federal Register, FDA is announcing the availability of a guidance
on the Q4B process entitled ``Q4B Evaluation and Recommendation of
Pharmacopoeial Texts for Use in the ICH Regions.''

DATES: Submit written or electronic comments on agency guidance at any
time.

ADDRESSES: Submit written requests for single copies of the guidance to
the Division of Drug Information (HFD-240), Center for Drug Evaluation
and Research, Food and Drug Administration, 5600 Fishers Lane,
Rockville, MD 20857, or the Office of Communication, Training and
Manufacturers Assistance (HFM-40),

Center for Biologics Evaluation and Research (CBER), Food and Drug
Administration, 1401 Rockville Pike, Rockville, MD 20852-1448. The
guidance may also be obtained by mail by calling CBER at 1-800-835-4709
or<PHONE_NUMBER>. Send two self-addressed adhesive labels to assist the
office in processing your requests. Requests and comments should be
identified with the docket number found in brackets in the heading of
this document. Submit written comments on the guidance to the Division
of Dockets Management (HFA-305), Food and Drug Administration, 5630
Fishers Lane, rm. 1061, Rockville, MD 20852. Submit electronic comments
to http://www.regulations.gov. See the SUPPLEMENTARY INFORMATION

section for electronic access to the guidance document.

FOR FURTHER INFORMATION CONTACT:
    Regarding the guidance: Robert H. King, Sr., Center for Drug
Evaluation and Research (HFD-003), Food and Drug Administration, 10903
New Hampshire Ave., Bldg. 21, rm. 3542,Silver Spring, MD 20993-0002,
301-796-1242;or
    Christopher Joneckis, Center for Biologics Evaluation and Research
(HFM-20), Food and Drug Administration, 1401 Rockville Pike, Rockville,
MD 20852-1448,<PHONE_NUMBER>.
    Regarding the ICH: Michelle Limoli, Office of International
Programs (HFG-1), Food and Drug Administration, 5600 Fishers Lane,
Rockville, MD 20857,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    In recent years, many important initiatives have been undertaken by
regulatory authorities and industry associations to promote
international harmonization of regulatory requirements. FDA has
participated in many meetings designed to enhance harmonization and is
committed to seeking scientifically based harmonized technical
procedures for pharmaceutical development. One of the goals of
harmonization is to identify and then reduce differences in technical
requirements for drug development among regulatory agencies.
    ICH was organized to provide an opportunity for tripartite
harmonization initiatives to be developed with input from both
regulatory and industry representatives. FDA also seeks input from
consumer representatives and others. ICH is concerned with
harmonization of technical requirements for the registration of
pharmaceutical products among three regions: The European Union, Japan,
and the United States. The six ICH sponsors are the European
Commission; the European Federation of Pharmaceutical Industries
Associations; the Japanese Ministry of Health, Labour, and Welfare; the
Japanese Pharmaceutical Manufacturers Association; the Centers for Drug
Evaluation and Research and Biologics Evaluation and Research, FDA; and
the Pharmaceutical Research and Manufacturers of America. The ICH
Secretariat, which coordinates the preparation of documentation, is
provided by the International Federation of Pharmaceutical
Manufacturers Associations (IFPMA).
    The ICH Steering Committee includes representatives from each of
the ICH sponsors and the IFPMA, as well as observers from the World
Health Organization, Health Canada, and the European Free Trade Area.
    In the Federal Register of August 8, 2006 (71 FR 45058), FDA
published a notice announcing the availability of a draft guidance
entitled ``Q4B Regulatory Acceptance of Analytical Procedures and/or
Acceptance Criteria; Annex 1: Residue on Ignition/Sulphated Ash General
Chapter.'' The notice gave interested persons an opportunity to submit
comments by October 10, 2006.
    After consideration of the comments received and revisions to the
guidance, a final draft guidance entitled ``Q4B Evaluation and
Recommendation of Pharmacopoeial Texts for Use in the ICH Regions;
Annex 1: Residue on Ignition/Sulphated Ash General Chapter'' was
submitted to the ICH Steering Committee and endorsed by the three
participating regulatory agencies in November 2007.
    The guidance provides the specific evaluation outcome from the ICH
Q4B process for the Residue on Ignition/Sulphated Ash General Chapter
harmonization proposal originating from the three-party PDG. This
guidance is in the form of an annex to the core ICH Q4B guidance. When
implemented, the annex will provide guidance for industry and
regulators on the use of the specific pharmacopeial texts evaluated by
the ICH Q4B process. Following receipt of comments on the draft, no
substantive changes were made to the annex. The title of the core Q4B
guidance was changed to more closely reflect the actual workings and
process of the Q4B EWG.
    This guidance is being issued consistent with FDA's good guidance
practices regulation (21 CFR 10.115). The guidance represents the
agency's current thinking on this topic. It does not create or confer
any rights for or on any person and does not operate to bind FDA or the
public. An alternative approach may be used if such approach satisfies
the requirements of the applicable statutes and regulations.

II. Comments

    Interested persons may, at any time, submit to the Division of
Dockets Management (see ADDRESSES) written comments on the guidance.
Submit a single copy of electronic comments or two paper copies of any
mailed comments, except that individuals may submit one paper copy.
Comments are to be identified with the docket number found in brackets
in the heading of this document. Received comments may be seen in the
office above between 9 a.m. and 4 p.m., Monday through Friday.
    Please note that on January 15, 2008, the FDA Web site transitioned
to the Federal Dockets Management System (FDMS). FDMS is a Government-
wide, electronic docket management system. Electronic submissions will
be accepted by FDA through FDMS only.

III. Electronic Access

    Persons with access to the Internet may obtain the document
athttp://www.fda.gov/ohrms/dockets/default.htm, http://www.fda.gov/cder/guidance/index.htm, or http://www.fda.gov/cber/publications.htm.
gov/cber/publications.htm.

    Dated: February 12, 2008.
Jeffrey Shuren,
Assistant Commissioner for Policy.
[FR Doc. E8-3187 Filed 2-20-08; 8:45 am]

BILLING CODE 4160-01-S