[Federal Register Volume 78, Number 229 (Wednesday, November 27, 2013)]
[Notices]
[Pages 71030-71031]
[FR Doc No: 2013-28458]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2012-0005; Notice 2]

Ford Motor Company, Denial of Petition for Decision of
Inconsequential Noncompliance

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

ACTION: Denial of Petition.

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SUMMARY: Ford Motor Company (Ford) has determined that certain model
year 2011 Ford E-150, E-250, E-350 and E-450 motor vehicles
manufactured

between May 12, 2011 and May 26, 2011, do not fully comply with
paragraph S5.1.1 of Federal Motor Vehicle Safety Standard (FMVSS) No.
205, Glazing Materials. Ford has filed an appropriate report pursuant
to 49 CFR Part 573, Defect and Noncompliance Responsibility and
Reports, dated August 22, 2011.
    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule
at 49 CFR part 556), Ford has petitioned for an exemption from the
notification and remedy requirements of 49 U.S.C. Chapter 301 on the
basis that this noncompliance is inconsequential to motor vehicle
safety.
    NHTSA published a notice of receipt of the petition, with a 30-day
public comment period, on February 2, 2012, in the Federal Register 77
FR 5301. In response to the petition, NHTSA did not receive any
comments.

ADDRESSES: To view the petition and all supporting documents, log onto
the Federal Docket Management System (FDMS) Web site at: http://www.regulations.gov/. Then follow the online search instructions to
locate docket number ``NHTSA-2012-0005.''

FOR FURTHER INFORMATION CONTACT: For further information on this
decision contact Mr. Luis Figueroa, Office of Vehicle Safety
Compliance, the National Highway Traffic Safety Administration (NHTSA),
telephone<PHONE_NUMBER>, facsimile<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    Vehicles Involved: Affected are approximately 4,532 model year 2011
Ford E-150, E-250, E-350 and E-450 trucks manufactured between May 12,
2011, and May 25, 2011, at Ford's Ohio assembly plant.
    Summary of Ford's Analysis and Arguments: Ford described the
noncompliance as the formation of air bubbles in the windshields when
subjected to high temperatures specified in paragraph S5.1 of FMVSS No.
205.
    Paragraph S5.1 of FMVSS No. 205 requires in pertinent part:

    S5.1 Glazing materials for use in motor vehicles must conform to
ANSI/SAE Z26.1-1996 (incorporated by reference, see Sec.  571.5)
unless this standard provides otherwise . . .
    S5.1.1 Multipurpose passenger vehicles. Except as otherwise
specifically provided by this standard, glazing for use in
multipurpose passenger vehicles shall conform to the requirements
for glazing for use in trucks as specified in ANSI/SAE Z26.1-1996
(incorporated by reference, see Sec.  571.5).

    Ford expressed its belief that only approximately 100 of the 4,532
subject vehicles may actually develop air bubbles in their windshields.
    Ford argues that paragraph S5.1.1 of FMVSS No. 205 specifies
meeting the requirements of ANSI Z26.1-1996 Section 5.4 Boil, Test 4.
The affected paragraph 5.4.3 ``Interpretation of Results'' states ``The
glass itself may crack in this test, but no bubbles or other defects
shall develop more than 13 mm (\1/2\ in) from the outer edge of the
specimen or from any cracks that may develop.'' Although the affected
windshields may develop air bubbles, Ford believes this condition does
not present a risk to motor vehicle safety for the reasons described
below.
    The initiation of the air bubbles will most likely occur when the
vehicle is parked in the sun with ambient temperatures greater than
80[deg] F, and they occur very early in the life of the vehicle. This
was the case for the initial vehicles that exhibited the condition
while still at the assembly plant, that was experiencing high seasonal
temperatures at the time. Of the 41 field reports of the condition that
had occurred as of August 16, 2011, only one occurred subsequent to
delivery to a customer. All other field reports were found during pre-
delivery vehicle preparation.
    The appearance of the air bubbles is a slow process, and there are
no reports of air bubbles affecting the entire windshield. If bubbles
do occur in the driver vision zone, the vision zone is initially only
partially affected. This condition would be noticed by the customer
prior to a significant spread of the air bubbles, and the customer
would seek repair under Ford's normal \3/36\ warranty.
    Ford is not aware of accidents or injuries attributed to this
condition.
    In summation, Ford believes that the described noncompliance of its
vehicles to meet the requirements of FMVSS No. 205 is inconsequential
to motor vehicle safety, and that its petition, to exempt from
providing recall notification of noncompliance as required by 49 U.S.C.
30118 and remedying the recall noncompliance as required by 49 U.S.C.
30120 should be granted.
    Background: FMVSS No. 205 specifies labeling and performance
requirements for automotive glazing. FMVSS No. 205 incorporates by
reference ANSI Z26.1 (1996). The purpose of Test No. 4 Boil Test
(Section 5.4 of ANSI Z26.1 (1996)) is to determine if the glazing
material will withstand exposure to tropical temperatures over an
extended period of time.
    NHTSA's Analysis: Ford believes this condition does not present a
risk to motor vehicle safety because the initiation of the air bubbles
will most likely occur when the vehicle is parked in the sun with
ambient temperatures greater than 80[deg] F. However, data from the
National Oceanic and Atmospheric Administration (NOAA) shows that the
condition that Ford describes ``sun with ambient temperatures greater
than 80[deg] F'' is a very likely event. Data from the NOAA for the USA
shows that in early spring (around the month of March 2011) the
southern states are already experiencing mean maximum temperatures in
excess of 80[deg] F. The same data shows that in July most of the
nation is experiencing mean maximum temperatures over 80[deg] F with
some states experiencing mean maximum temperatures of over 100[deg] F.
    More importantly, the agency believes that the true measure of
inconsequentiality is whether there is a safety effect of the
noncompliance on the operational safety of the vehicle. In this case if
the noncompliance (a bubble or bubbles in the windshield) were to
manifest, this condition causes delamination of the glazing material
which could weaken the structural integrity around the windshield edge
and pose a safety risk to the occupants. Bubbles also could affect the
vision of the driver and thus would have a detrimental effect on the
operational safety of the vehicle. The agency also notes that the low
number of vehicles involved in this case does not lessen the safety
issue that the non-compliance creates. The degraded visibility created
by the bubbles in the windshield still creates a safety risk even if it
only occurs in a few vehicles.
    The fact that customers might notice the non-compliance and seek
repairs from Ford on their own does not mean that the safety risk posed
by the bubbles in the windshield has been completely mitigated.
    NHTSA Decision: In consideration of the foregoing, NHTSA has
decided that Ford has not met its burden of persuasion that the FMVSS
No. 205 noncompliances identified in Ford's Noncompliance Information
Report. Accordingly, Ford's petition is hereby denied, and the Ford
must notify owners, purchasers and dealers pursuant to 49 U.S.C. 30118
and provide a remedy in accordance with 49 U.S.C. 30120.

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

    Dated: November 21, 2013.
Nancy Lummen Lewis,
Associate Administrator for Enforcement.
[FR Doc. 2013-28458 Filed 11-26-13; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register: October 7, 2008 (Volume 73, Number 195)]
[Notices]
[Page 58583-58585]
[DOCID:fr07oc08-66]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8726-5]

California State Nonroad Engine Pollution Control Standards;
California Nonroad Compression Ignition Engines; Within-the-Scope
Request; Opportunity for Public Hearing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of opportunity for public hearing and comment.

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SUMMARY: The California Air Resources Board (CARB) has notified EPA
that it has amended or adopted emission standards and accompanying
testing procedures for new nonroad compression ignition (CI) engines in
two CARB rulemakings. By letter dated July 18, 2007, CARB submitted a
request seeking EPA confirmation that its amendments affecting three
broad power categories expressed in kilowatts (kW) (under 19 kW, 19 kW
to under 130 kW, and 130kW and greater) are within the scope of
previous authorizations issued by EPA under section 209(e) of the Clean
Air Act (CAA), 42 U.S.C. 7543(e). In the alternative CARB seeks a new
authorization for these standards. This notice announces that EPA has
tentatively scheduled a public hearing concerning California's request
and that EPA is accepting written comment on the request.

DATES: EPA has tentatively scheduled a public hearing concerning CARB's
request on November 6, 2008 beginning at 10 a.m. EPA will hold a
hearing only if a party notifies EPA by October 27, 2008, expressing
its interest in presenting oral testimony. By November 3, 2008, any
person who plans to attend the hearing should call David Dickinson at
(202)343-9256 to learn if a hearing will be held. If EPA does not
receive a request for a public hearing, then EPA will not hold a
hearing, and instead consider CARB's request based on written
submissions to the docket. Any party may submit written comments by
November 21, 2008.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2008-0640, by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: Air and Radiation Docket, Docket ID No. EPA-HQ-OAR-
2008-0640, Environmental Protection Agency, Mailcode: 6102T, 1200
Pennsylvania Avenue, NW., Washington, DC 20460. Please include a total
of two copies.
     Hand Delivery: EPA Docket Center, Public Reading Room, EPA
West Building, Room 3334, 1301 Constitution Avenue, NW., Washington, DC
20460. Such deliveries are only accepted during the Docket's normal
hours of operation, and special arrangements should be made for
deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2008-0640. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://
www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/
epahome/dockets.htm.
    Parties wishing to present oral testimony at the public hearing
should provide written notice to David Dickinson at the address noted
below. If EPA receives a request for a public hearing, EPA will hold
the public hearing at 1310 L St, NW., Washington, DC 20005 at 10 a.m.

FOR FURTHER INFORMATION CONTACT: David Dickinson, Compliance and
Innovative Strategies Division (6405J), U.S. Environmental Protection
Agency, 1200 Pennsylvania Ave, NW., Washington, DC 20460. Telephone:
(202) 343-9256, Fax:<PHONE_NUMBER>, e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Background and Discussion: Section 209(e)(1) of the Act addresses
the permanent preemption of any State, or political subdivision
thereof, from adopting or attempting to enforce any standard or other
requirement relating to the control of emissions for certain new
nonroad engines or vehicles. Section 209(e)(2) of the Act requires the
Administrator to grant California authorization to enforce state
standards for new nonroad engines or vehicles which are not listed
under section 209(e)(1), subject to certain restrictions. On July 20,
1994, EPA promulgated a regulation that sets forth, among other things,
the criteria, as found in section 209(e)(2), by which EPA must consider
any California authorization requests for new nonroad engines or
vehicle emission standards (section 209(e) rules).\1\
---------------------------------------------------------------------------

    \1\ Section 209(e)(1) states, in part: No State or and political
subdivision thereof shall adopt or attempt to enforce any standard
or other requirement relating to the control of emissions from
either of the following new nonroad engines or nonroad vehicles
subject to regulation under this Act--(A) New engines which are used
in construction equipment or vehicles used in farm equipment or
vehicles and which are smaller that 175 horsepower. (B) New
locomotives or new engines used in locomotives. EPA's regulation was
published at 59 FR 36969 (July 20, 1994), and regulations set forth
therein, 40 CFR Part 85, Subpart Q, Sec. Sec.  85.1601 et seq. A new
rule, signed on September 4, 2008, moves these provisions to 40 CFR
Part 1074.

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    Section 209(e)(2) requires the Administrator, after notice and
opportunity for public hearing, to authorize California to enforce
standards and other requirements relating to emissions control of new
engines not listed under section 209(e)(1). The section 209(e) rule and
its codified regulations \2\ formally set forth the criteria, located
in section 209(e)(2) of the Act, by which EPA must grant California
authorization to enforce its new nonroad emission standards and they
are as follows:
---------------------------------------------------------------------------

    \2\ See 40 CFR Part 85, Subpart Q, Sec.  85.1605. Upon
effectiveness of the new rule, these criteria will be codified at 40
CFR 1074.105.
---------------------------------------------------------------------------

    (a) The Administrator shall grant the authorization if California
determines that its standards will be, in the aggregate, at least as
protective of public health and welfare as applicable Federal
standards.
    (b) The authorization shall not be granted if the Administrator
finds that:
    (1) The determination of California is arbitrary and capricious;
    (2) California does not need such California standards to meet
compelling and extraordinary conditions; or
    (3) California standards and accompanying enforcement procedures
are not consistent with section 209.
    As stated in the preamble to the section 209(e) rule, EPA has
interpreted the requirement ``California standards and accompanying
enforcement procedures are not consistent with section 209'' to mean
that California standards and accompanying enforcement procedures must
be consistent with section 209(a), section 209(e)(1), and section
209(b)(1)(C), as EPA has interpreted that subsection in the context of
motor vehicle waivers.\3\ In order to be consistent with section
209(a), California's nonroad standards and enforcement procedures must
not apply to new motor vehicles or new motor vehicle engines. Secondly,
California's nonroad standards and enforcement procedures must be
consistent with section 209(e)(1), which identifies the categories
permanently preempted from state regulation.\4\ California's nonroad
standards and enforcement procedures would be considered inconsistent
with section 209 if they applied to the categories of engines or
vehicles identified and preempted from State regulation in section
209(e)(1).
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    \3\ See 59 FR 36969, 36983 (July 20, 1994).
    \4\ Section 209(e)(1) of the Act has been implemented, see 40
CFR Part 85, Subpart Q Sec. Sec.  85.1602, 85.1603. Upon
effectiveness of the new rule noted above, these permanently
preempted categories will be codified at 40 CFR 1074.10, 1074.12.
---------------------------------------------------------------------------

    Finally, because California's nonroad standards and enforcement
procedures must be consistent with section 209(b)(1)(C), EPA reviews
nonroad authorization requests under the same ``consistency'' criteria
that are applied to motor vehicle waiver requests. Under section
209(b)(1)(C), the Administrator shall not grant California a motor
vehicle waiver if he finds that California ``standards and accompanying
enforcement procedures are not consistent with section 202(a)'' of the
Act. Previous decisions granting waivers of Federal preemption for
motor vehicles have stated that State standards are inconsistent with
section 202(a) if there is inadequate lead time to permit the
development of the necessary technology giving appropriate
consideration to the cost of compliance within that time period or if
the Federal and State test procedures impose inconsistent certification
procedures.\5\
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    \5\ To be consistent, the California certification procedures
need not be identical to the Federal certification procedures.
California procedures would be inconsistent, however, if
manufacturers would be unable to meet both the state and the Federal
requirement with the same test vehicle in the course of the same
test. See, e.g., 43 FR 32182 (July 25, 1978).
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    CARB has submitted to EPA its 2000 Off-road Compression-Ignition
Engine regulations adopted at its January 28, 2000 public hearing
(these regulations codified and incorporated all new off-road CI
emission standards and test procedures in division 3, chapter 9,
article 4 of title 13, California Code of Regulations to include all
California-certified 2000 and subsequent model year off-road CI
engines) and its regulations adopted at its December 9, 2004 Board
hearing (these regulations harmonized California's standards and
procedures with those promulgated by EPA in its Tier 4 rulemaking (69
FR 38958 (June 29, 2004) and EPA subsequent technical amendments at 70
FR 40420 (July 13, 2005)).
    When EPA receives new authorization requests from CARB, EPA
traditionally publishes a notice of opportunity for public hearing and
comment and then publishes a decision in the Federal Register following
the public comment period. In contrast, when EPA receives within the
scope waiver requests from CARB, EPA usually publishes a decision in
the Federal Register and concurrently invites public comment if an
interested part is opposed to EPA's decision.
    Although CARB has submitted a within the scope waiver request, EPA
invites comment on the following issues: whether California's
standards, within the context of a within the scope analysis (a)
Undermine California's previous determination that its standards, in
the aggregate, are at least as protective of public health and welfare
as comparable Federal standards, (b) affect the consistency of
California's requirements with section 202(a) of the Act, and (c) raise
new issues affecting EPA's previous waiver determinations. Please also
provide comment that if CARB's standards were not found to be within
the scope of previous waivers and instead required a full waiver
analysis, whether (a) CARB's determination that its standards, in the
aggregate, are at least as protective of public health and welfare as
applicable federal standards is arbitrary and capricious, (b)
California needs separate standards to meet compelling and
extraordinary conditions, and (c) California's standards and
accompanying enforcement procedures are consistent with section 202(a)
of the Act.
    EPA also invites comment on CARB's suggestion to EPA that where
CARB is harmonizing its standards with a more stringent federal
standard then EPA should conduct a pre-determination hearing where
interested parties have the opportunity to comment both on the
appropriateness of using the within the scope mechanism and on the
underlying authorization issues.\6\
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    \6\ See CARB's authorization support document submitted on July
18, 2008 at p. 21.
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Procedures for Public Participation

    In recognition that public hearings are designed to give interested
parties an opportunity to participate in this proceeding, there are nod
adverse parties as such. Statements by participants will not be subject
to cross-examination by other participants without special approval by
the residing officer. The presiding officer is authorized to strike
from the record statements that he or she deems irrelevant or
repetitious and to impose reasonable time limits on the duration of the
statement of any participant.
    If a hearing is held, the Agency will make a verbatim record of the
proceedings. Interested parties may arrange with the reporter at the
hearing to obtain a copy of the transcript at their own expense.
Regardless of whether a public hearing is held, EPA will keep the
record open until November 21, 2008. Upon expiration of the comment
period, the Administrator will render a decision on CARB's request
based on the record of the public hearing, if any,

relevant written submissions, and other information that he deems
pertinent.
    Persons with comments containing proprietary information must
distinguish such information from other comments to the great possible
extent and label it as ``Confidential Business Information'' (CBI). If
a person making comments want EPA to base its decision in part on a
submission labeled CBI, then a non-confidential version of the document
that summarizes the key data or information should be submitted for the
public docket. To ensure that proprietary information is not
inadvertently place in the docket, submissions containing such
information should be sent directly to the contact person listed above
and not to the pubic docket. Information covered by a claim of
confidentiality will be disclosed by EPA only to the extent allowed and
by the procedures set forth in 40 CFR Part 2. If no claim of
confidentiality accompanies the submission when EPA receives it, EPA
will make it available to the public without further notice to the
person making comments.

    Dated: October 1, 2008.
Robert J. Meyers,
Principal Deputy Assistant Administrator, Office of Air and Radiation.
[FR Doc. E8-23671 Filed 10-6-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 203 (Friday, October 21, 2022)]
[Notices]
[Pages 64080-64082]
[FR Doc No: 2022-22974]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2022-0002; Internal Agency Docket No. FEMA-B-2273]

Proposed Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: Notice.

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SUMMARY: Comments are requested on proposed flood hazard
determinations, which may include additions or modifications of any
Base Flood Elevation (BFE), base flood depth, Special Flood Hazard Area
(SFHA) boundary or zone designation, or regulatory floodway on the
Flood Insurance Rate Maps (FIRMs), and where applicable, in the
supporting Flood Insurance Study (FIS) reports for the communities
listed in the table below. The purpose of this notice is to seek
general information and comment regarding the preliminary FIRM, and
where applicable, the FIS report that the Federal Emergency Management
Agency (FEMA) has provided to the affected communities. The FIRM and
FIS report are the basis of the floodplain management measures that the
community is required either to adopt or to show evidence of having in
effect in order to qualify or remain qualified for participation in the
National Flood Insurance Program (NFIP).

DATES: Comments are to be submitted on or before January 19, 2023.

ADDRESSES: The Preliminary FIRM, and where applicable, the FIS report
for each community are available for inspection at both the online
location https://hazards.fema.gov/femaportal/prelimdownload and the
respective Community Map Repository address listed in the tables below.
Additionally, the current effective FIRM and FIS report for each
community are accessible online through the FEMA Map Service Center at
https://msc.fema.gov for comparison.
    You may submit comments, identified by Docket No. FEMA-B-2273, to
Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance
and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC
20472,<PHONE_NUMBER>, or (email) [email protected].

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
[email protected]; or visit the FEMA Mapping and Insurance
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: FEMA proposes to make flood hazard
determinations for each community listed below, in accordance with
section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4104, and 44 CFR 67.4(a).
    These proposed flood hazard determinations, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities. These flood
hazard determinations are used to meet the floodplain management
requirements of the NFIP.
    The communities affected by the flood hazard determinations are
provided in the tables below. Any request for reconsideration of the
revised flood hazard information shown on the Preliminary FIRM and FIS
report that satisfies the data requirements outlined in 44 CFR 67.6(b)
is considered an appeal. Comments unrelated to the flood hazard
determinations also will be considered before the FIRM and FIS report
become effective.
    Use of a Scientific Resolution Panel (SRP) is available to
communities in support of the appeal resolution process. SRPs are
independent panels of experts in hydrology, hydraulics, and other
pertinent sciences established to review conflicting scientific and
technical data and provide recommendations for resolution. Use of the
SRP only may be exercised after FEMA and local communities have been
engaged in a collaborative consultation process for at least 60 days
without a mutually acceptable resolution of an appeal. Additional
information regarding the SRP process can be found online at https://www.floodsrp.org/pdfs/srp_overview.pdf.
    The watersheds and/or communities affected are listed in the tables
below. The Preliminary FIRM, and where applicable, FIS report for each
community are available for inspection at both the online location
https://hazards.fema.gov/femaportal/prelimdownload and the respective
Community Map Repository address listed in the tables. For communities
with multiple ongoing Preliminary studies, the studies can be
identified by the unique project number and Preliminary FIRM date
listed in the tables. Additionally, the current effective FIRM and FIS
report for each community are accessible online through the FEMA Map
Service Center at https://msc.fema.gov for comparison.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Nicholas A. Shufro,
Assistant Administrator for Risk Management (Acting), Federal Emergency
Management Agency, Department of Homeland Security.

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
            Stark County, North Dakota and Incorporated Areas
  Projects: 21-08-0008S and 15-08-0156S Preliminary Date: April 6, 2022
------------------------------------------------------------------------
City of Dickinson......................  City Hall, 38 1st Street West,
                                          Dickinson, ND 58601.
City of Gladstone......................  City Hall, 183 5th Avenue,
                                          Gladstone, ND 58630.
City of Richardton.....................  City Hall, 111 North Avenue
                                          West, Richardton, ND 58652.
City of South Heart....................  City Hall, 209 4th Street
                                          Northwest, South Heart, ND
                                          58655.
City of Taylor.........................  City Hall, 30 Ertel Avenue,
                                          Taylor, ND 58656.
Unincorporated Areas of Stark County...  Stark County Courthouse, 51 3rd
                                          Street East, Dickinson, ND
                                          58601.
------------------------------------------------------------------------
            Clark County, South Dakota and Incorporated Areas
           Project: 20-08-0001S Preliminary Date: May 13, 2022
------------------------------------------------------------------------
City of Clark..........................  City Hall, 120 North Commercial
                                          Street, Clark, SD 57225.
Town of Raymond........................  Fire Department, 201 Flower
                                          Street, Raymond, SD 57258.
Town of Willow Lake....................  Fire Hall, 211 Garfield Avenue,
                                          Willow Lake, SD 57278.
Unincorporated Areas of Clark County...  Clark County Registrar's
                                          Office, 200 North Commercial
                                          Street, Clark, SD 57225.
------------------------------------------------------------------------
             Day County, South Dakota and Incorporated Areas
          Project: 18-08-0044S Preliminary Date: June 11, 2021
------------------------------------------------------------------------
City of Waubay.........................  City Hall, 45 North Main
                                          Street, Waubay, SD 57273.
City of Webster........................  City Hall, 800 Main Street,
                                          Webster, SD 57274.
Sisseton Wahpeton Oyate Tribe..........  Sisseton Wahpeton Oyate
                                          Emergency Management Office,
                                          12554 BIA Highway 711, Agency
                                          Village, SD 57262.
Town of Andover........................  City and Fire Department
                                          Building, 123 South Main
                                          Street, Andover, SD 57422.
Town of Grenville......................  Town Hall, 911 Kosciusko
                                          Avenue, Grenville, SD 57239.
Town of Pierpont.......................  Water Storage Building, 207
                                          South 2nd Avenue, Pierpont, SD
                                          57468.
Unincorporated Areas of Day County.....  Day County Courthouse, 711 1st
                                          Street West, Webster, SD
                                          57274.
------------------------------------------------------------------------
            Grant County, South Dakota and Incorporated Areas
          Project: 18-08-0043S Preliminary Date: April 9, 2021
------------------------------------------------------------------------
City of Big Stone City.................  Grant County Courthouse, 210
                                          East 5th Avenue, Milbank, SD
                                          57252.
City of Milbank........................  Grant County Courthouse, 210
                                          East 5th Avenue, Milbank, SD
                                          57252.
City of Twin Brooks....................  Grant County Courthouse, 210
                                          East 5th Avenue, Milbank, SD
                                          57252.
Sisseton Wahpeton Oyate Tribe..........  Sisseton Wahpeton Oyate
                                          Emergency Management Office,
                                          12554 BIA Highway 711, Agency
                                          Village, SD 57262.
Town of Albee..........................  Grant County Courthouse, 210
                                          East 5th Avenue, Milbank, SD
                                          57252.
Town of La Bolt........................  Grant County Courthouse, 210
                                          East 5th Avenue, Milbank, SD
                                          57252.
Town of Marvin.........................  Grant County Courthouse, 210
                                          East 5th Avenue, Milbank, SD
                                          57252.
Town of Revillo........................  Grant County Courthouse, 210
                                          East 5th Avenue, Milbank, SD
                                          57252.
Town of Stockholm......................  Grant County Courthouse, 210
                                          East 5th Avenue, Milbank, SD
                                          57252.
Town of Strandburg.....................  Grant County Courthouse, 210
                                          East 5th Avenue, Milbank, SD
                                          57252.
Unincorporated Areas of Grant County...  Grant County Courthouse, 210
                                          East 5th Avenue, Milbank, SD
                                          57252.
------------------------------------------------------------------------
           Roberts County, South Dakota and Incorporated Areas
         Project: 18-08-0042S Preliminary Date: October 16, 2020
------------------------------------------------------------------------
City of Peever.........................  Roberts County Courthouse, 411
                                          2nd Avenue East, Sisseton, SD
                                          57262.
City of Rosholt........................  Roberts County Courthouse, 411
                                          2nd Avenue East, Sisseton, SD
                                          57262.
City of Sisseton.......................  Roberts County Courthouse, 411
                                          2nd Avenue East, Sisseton, SD
                                          57262.
City of Wilmot.........................  Roberts County Courthouse, 411
                                          2nd Avenue East, Sisseton, SD
                                          57262.
Sisseton Wahpeton Oyate Tribe..........  Sisseton Wahpeton Oyate
                                          Emergency Management Office,
                                          12554 BIA Highway 711, Agency
                                          Village, SD 57262.
Town of Claire City....................  Roberts County Courthouse, 411
                                          2nd Avenue East, Sisseton, SD
                                          57262.
Town of Corona.........................  Roberts County Courthouse, 411
                                          2nd Avenue East, Sisseton, SD
                                          57262.
Town of New Effington..................  Roberts County Courthouse, 411
                                          2nd Avenue East, Sisseton, SD
                                          57262.
Town of Ortley.........................  Roberts County Courthouse, 411
                                          2nd Avenue East, Sisseton, SD
                                          57262.
Town of Summit.........................  Roberts County Courthouse, 411
                                          2nd Avenue East, Sisseton, SD
                                          57262.
Town of White Rock.....................  Roberts County Courthouse, 411
                                          2nd Avenue East, Sisseton, SD
                                          57262.

Unincorporated Areas of Roberts County.  Roberts County Courthouse, 411
                                          2nd Avenue East, Sisseton, SD
                                          57262.
------------------------------------------------------------------------

[FR Doc. 2022-22974 Filed 10-20-22; 8:45 am]
BILLING CODE 9111-12-P


[Federal Register: October 18, 2010 (Volume 75, Number 200)]
[Rules and Regulations]
[Page 63717-63721]
[DOCID:fr18oc10-11]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2010-0319; FRL-9211-6]

Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Amendment to Consumer Products and Architectural and
Industrial Maintenance Coatings Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the Commonwealth of Pennsylvania concerning amendments to
the Pennsylvania Consumer Products and Architectural and Industrial
Maintenance Coatings Regulations. The SIP revision amends 25 Pa. Code
Chapter 130, Subchapters B and C (relating to consumer products and
architectural and industrial maintenance (AIM) coatings) in order to
reduce volatile organic compounds (VOCs). This action is being taken
under the Clean Air Act (CAA).

DATES: Effective Date: This final rule is effective on November 17,
2010.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2010-0319. All documents in the docket are listed in
the http://www.regulations.gov Web site. Although listed in the
electronic docket, some information is not publicly available, i.e.,
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through http://
www.regulations.gov or in hard copy for public inspection during normal
business hours at the Air Protection Division, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103. Copies of the State submittal are available at the
Pennsylvania Department of Environmental Protection, Bureau of Air
Quality Control, P.O. Box 8468, 400 Market Street, Harrisburg,
Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Gregory Becoat,<PHONE_NUMBER>, or by
e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On June 21, 2010 (75 FR 34964), EPA published a notice of proposed
rulemaking (NPR) for the Commonwealth of Pennsylvania. The NPR proposed
approval of a revision of the Pennsylvania SIP that amends 25 Pa. Code
Chapter 130, Subchapters B by adding VOC content limits for an
additional 11 categories of consumer products and revising the VOC
content limits for one category of consumer products currently
regulated. The NPR also proposed approval of amendments to the SIP that
add definitions for approximately 30 new terms and amends definitions
for approximately 75 existing terms in order to provide clarity.
Additionally, the term ``VOC-volatile organic compound'' is added to
Subchapter B. The NPR proposed approval of a revision to the SIP that
changes the definition of the term ``VOC--volatile organic compound''
in Subchapter C (relating to AIM coatings) to mirror the definition of
the term in 25 Pa. Code Chapter 121 (relating to definitions). EPA
received no comments on the NPR that proposed approval of
Pennsylvania's SIP revision. The formal SIP revision was submitted by
the Commonwealth of Pennsylvania on March 11, 2009.

II. Summary of SIP Revision

    This SIP revision makes of the following amendments:
    1. Adds and/or amends definitions, terms, and sections in 25 Pa.
Code Chapter 130, Subchapters B and C for clarity, style, format, and
consistency with the Ozone Transport Commission Model Rule and Federal
definitions.
    2. Adds and/or amends sections in 25 Pa. Code Chapter 130,
Subchapter B in order to incorporate future changes in test procedures;
deletes an unnecessary reference to a California regulatory provision;
deletes and moves definitions and terms; allows for the sell-through of
product manufactured prior to applicable effective dates; updates the
product dating; establishes the lowest applicable VOC limit
requirements; requires additional information on product containers;
and establishes requirements for a variance or alternative control plan
(ACP).
    3. Establishes under 25 Pa. Code Chapter 130, Subchapter B,
applicability to any person who sells, supplies, offers for sale, or
manufactures consumer products on and after applicable compliance
dates.
    4. Establishes under 25 Pa. Code Chapter 130, Subchapter B, the
percentage of VOC by weight that cannot be exceeded for consumer
products that are sold, supplied, offered for sale or manufactured for
sale in the Commonwealth of Pennsylvania, and lists exemptions from the
VOC limits. The rule also contains requirements for the following: (1)
Products registered under Federal Insecticide, Fungicide and
Rodenticide Act, (2) products requiring dilution, (3) sell-through of
products, (4) aerosols adhesives, (5) charcoal lighter materials, and
(6) floor wax strippers.
    5. Establishes under 25 Pa. Code Chapter 130, Subchapter B,
exemptions for the following: (1) Products for shipment and use outside
the Commonwealth, (2) antiperspirants and deodorants, (3) products
registered under FIFRA, (4) air fresheners, (5) adhesives, (6) bait
station insecticides, and (7) fragrances.
    6. Establishes under 25 Pa. Code Chapter 130, Subchapter B,
applicability for ACPs for consumer products, criteria for innovative
products exemption and requirements for waiver requests. The rule also
contains grounds for requesting a variance, as well as applicability
for ACPs for consumer products. ACPs for consumer products are provided
by allowing responsible parties the option to voluntarily enter into
separate ACP agreements for the consumer products mentioned above. In
addition, the rule contains the following administrative requirements:
(1) Product dating, (2) most restrictive limit, (3) labeling, and (4)
recordkeeping and reporting, as well as test methods for demonstrating
compliance.
    7. Establishes under 25 Pa. Code Chapter 130, Subchapter C, the
meaning of ``VOC--volatile organic compound,'' unless the context
clearly indicates otherwise.
    Further details of the Commonwealth of Pennsylvania's regulation
revisions can be found in a Technical Support Document prepared for the
June 21, 2010 proposed rulemaking action.

III. Final Action

    EPA is approving the Pennsylvania SIP revision that amends 25 Pa.
Code Chapter 130, Subchapters B and C (relating to consumer products
and AIM coatings) in order to reduce VOCs.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 17, 2010. Filing a petition for
reconsideration by the Administrator of this final rule pertaining to
Pennsylvania's amendment to 25 Pa. Code Chapter 130, Subchapters B and
C (relating to Pennsylvania's Consumer Products and AIM Coatings
Regulations), does not affect the finality of this action for the
purposes of judicial review nor does it extend the time within which a
petition for judicial review may be filed, and shall not postpone the
effectiveness of such rule or action.

List of Subjects in 40 CFR Part 52

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

    Dated: September 17, 2010.
W.C. Early,
Acting, Regional Administrator, Region III.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart NN--Pennsylvania

0
2. In Sec.  52.2020, the table in paragraph (c)(1) is amended by:
0
a. Adding entries for Section 130.217 and 130.338.
0
b. Revising entries for Sections 130.201, 130.202, 130.211, 130.213,
130.214, 130.215, 130.331, 130.332, 130.334, 130.335, 130.371, 130.372,
130.373, 130.411, 130.412, 130.414, 130.452, 130.453, 130.454, 130.455,
130.457, 130.458, 130.460, 130.462, 130.465, 130.471, 130.602.
    The amendments read as follows:

Sec.  52.2020  Identification of plan.

* * * * *
    (c) * * *
    (1) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                Additional
         State citation              Title/subject          State        EPA approval date     explanation/Sec.
                                                       effective date                          52.2063 citation
----------------------------------------------------------------------------------------------------------------
                                       TITLE 25. ENVIRONMENTAL PROTECTION
                                           ARTICLE III. AIR RESOURCES
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                       Chapter 130--Standards for Products
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                         Subchapter B--Consumer Products
                                               General Provisions
----------------------------------------------------------------------------------------------------------------
Section 130.201................  Applicability.......        10/11/08  October 18, 2010      ...................
                                                                        [Insert page number
                                                                        where the document
                                                                        begins].
Section 130.202................  Definitions.........        10/11/08  October 18, 2010      ...................
                                                                        [Insert page number
                                                                        where the document
                                                                        begins].
----------------------------------------------------------------------------------------------------------------
                                                    Standard
----------------------------------------------------------------------------------------------------------------
Section 130.211................  Table of standards..        10/11/08  October 18, 2010      ...................
                                                                        [Insert page number
                                                                        where the document
                                                                        begins].

                                                  * * * * * * *
Section 130.213................  Products registered         10/11/08  October 18, 2010      ...................
                                  under FIFRA.                          [Insert page number
                                                                        where the document
                                                                        begins].
Section 130.214................  Requirements for            10/11/08  October 18, 2010      ...................
                                  charcoal lighter                      [Insert page number
                                  materials.                            where the document
                                                                        begins].
Section 130.215................  Requirements for            10/11/08  October 18, 2010      ...................
                                  aerosol adhesives.                    [Insert page number
                                                                        where the document
                                                                        begins].

                                                  * * * * * * *
Section 130.217................  Sell-through of             10/11/08  October 18, 2010      Adds section to
                                  products.                             [Insert page number   allow for the sell-
                                                                        where the document    through of product
                                                                        begins].              manufactured prior
                                                                                to applicable
                                                                                effective dates.
----------------------------------------------------------------------------------------------------------------
                                                   Exemptions
----------------------------------------------------------------------------------------------------------------
 Section 130.331...............  Products for                10/11/08  October 18, 2010      ...................
                                  shipment and use                      [Insert page number
                                  outside this                          where the document
                                  Commonwealth.                         begins].
Section 130.332................  Antiperspirants and         10/11/08  October 18, 2010      ...................
                                  deodorants.                           [Insert page number
                                                                        where the document
                                                                        begins].

                                                  * * * * * * *
Section 130.334................  Products registered         10/11/08  October 18, 2010      ...................
                                  under FIFRA.                          [Insert page number
                                                                        where the document
                                                                        begins].

Section 130.335................  Air fresheners......        10/11/08  October 18, 2010      ...................
                                                                        [Insert page number
                                                                        where the document
                                                                        begins].

                                                  * * * * * * *
Section 130.338................  Fragrances..........        10/11/08  October 18, 2010      Added section.
                                                                        [Insert page number
                                                                        where the document
                                                                        begins].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                           Administrative Requirements
----------------------------------------------------------------------------------------------------------------
Section 130.371................  Code-dating.........        10/11/08  October 18, 2010      ...................
                                                                        [Insert page number
                                                                        where the document
                                                                        begins].
Section 130.372................  Most restrictive            10/11/08  October 18, 2010      ...................
                                  limit.                                [Insert page number
                                                                        where the document
                                                                        begins].
Section 130.373................  Additional labeling         10/11/08  October 18, 2010      ...................
                                  requirements for                      [Insert page number
                                  aerosol adhesives.                    where the document
                                                                        begins].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                    Variances
----------------------------------------------------------------------------------------------------------------
Section 130.411................  Application for             10/11/08  October 18, 2010      ...................
                                  variance.                             [Insert page number
                                                                        where the document
                                                                        begins].
Section 130.412................  Variance orders.....        10/11/08  October 18, 2010      ...................
                                                                        [Insert page number
                                                                        where the document
                                                                        begins].

                                                  * * * * * * *
Section 130.414................  Modification of             10/11/08  October 18, 2010      ...................
                                  variance.                             [Insert page number
                                                                        where the document
                                                                        begins].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                            ACP for Consumer Products
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Section 130.452................  Exemption...........        10/11/08  October 18, 2010      ...................
                                                                        [Insert page number
                                                                        where the document
                                                                        begins].
Section 130.453................  Request for                 10/11/08  October 18, 2010      ...................
                                  exemption.                            [Insert page number
                                                                        where the document
                                                                        begins].
Section 130.454................  Application for an          10/11/08  October 18, 2010      ...................
                                  ACP.                                  [Insert page number
                                                                        where the document
                                                                        begins].
Section 130.455................  Recordkeeping and           10/11/08  October 18, 2010      ...................
                                  availability of                       [Insert page number
                                  requested                             where the document
                                  information.                          begins].

                                                  * * * * * * *
Section 130.457................  Limited-use surplus         10/11/08  October 18, 2010      ...................
                                  reduction credits                     [Insert page number
                                  for early                             where the document
                                  reformulations of                     begins].
                                  ACP products.
Section 130.458................  Reconciliation of           10/11/08  October 18, 2010      ...................
                                  shortfalls.                           [Insert page number
                                                                        where the document
                                                                        begins].

                                                  * * * * * * *
Section 130.460................  Modifications that          10/11/08  October 18, 2010      ...................
                                  require Department                    [Insert page number
                                  preapproval.                          where the document
                                                                        begins].

                                                  * * * * * * *
Section 130.462................  Modification of an          10/11/08  October 18, 2010      ...................
                                  ACP by the                            [Insert page number
                                  Department.                           where the document
                                                                        begins].

                                                  * * * * * * *
Section 130.465................  Other applicable            10/11/08  October 18, 2010      ...................
                                  requirements.                         [Insert page number
                                                                        where the document
                                                                        begins].
----------------------------------------------------------------------------------------------------------------
                                           Public Hearing Requirements
----------------------------------------------------------------------------------------------------------------
Section 130.471................  Public hearings.....        10/11/08  October 18, 2010      ...................
                                                                        [Insert page number
                                                                        where the document
                                                                        begins].
----------------------------------------------------------------------------------------------------------------
                         Subchapter C--Architectural and Industrial Maintenance Coatings
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Section 130.602................  Definitions.........        10/11/08  October 18, 2010      ...................
                                                                        [Insert page number
                                                                        where the document
                                                                        begins].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

[FR Doc. 2010-25317 Filed 10-15-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: October 18, 2010 (Volume 75, Number 200)]
[Notices]
[Page 63869]
[DOCID:fr18oc10-111]

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

SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold a closed meeting on Thursday, October
21, 2010 at 2 p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the Closed Meeting.
Certain staff members who have an interest in the matters also may be
present.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR
200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the
scheduled matters at the Closed Meeting.
    Commissioner Casey, as duty officer, voted to consider the items
listed for the Closed Meeting in a closed session.
    The subject matter of the Closed Meeting scheduled for Thursday,
October 21, 2010 will be:

Institution and settlement of injunctive actions; Institution and
settlement of administrative proceedings; and Other matters relating to
enforcement proceedings.

    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact:
    The Office of the Secretary at<PHONE_NUMBER>.

    Dated: October 14, 2010.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2010-26280 Filed 10-14-10; 4:15 pm]
BILLING CODE 8011-01-P


[Federal Register: June 4, 2008 (Volume 73, Number 108)]
[Notices]
[Page 31911-31912]
[DOCID:fr04jn08-116]

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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), notice is hereby given that the Federal Railroad Administration
(FRA) received a request for a waiver of compliance from certain
requirements of its safety standards. The individual petition is
described below, including the party seeking relief, the regulatory
provisions involved, the nature of the relief being requested, and the
petitioner's arguments in favor of relief.

Norfolk Southern Corporation

(Docket Number FRA-2008-0042)

    The Norfolk Southern Corporation (NS) seeks a waiver of compliance
from certain provisions of 49 CFR Part 232, Brake System Safety
Standards for Freight and Other Non-Passenger Trains and Equipment.
Specifically, NS is requesting a temporary waiver from the requirement
to display in real-time, in the cab of the locomotive, the total train
dynamic brake retarding force available in the train, as prescribed in
49 CFR 232.109(g)(2), on locomotives placed in service for the first
time on or after October 1, 2007. The functionality of this requirement
is commonly referred to as the ``Dynamic Brake Status Reporting''
(DBSR).

    NS accepted delivery of 50 new ES40DC locomotives from General
Electric, which were equipped with DBSR systems as specified in the
Association of American Railroads (AAR) Standard S-5509 (S-5509). At
that time, S-5509 required the DBSR systems to operate on ANSI/EIA
709.2 (Echelon PL-22) communication frequency on the C-band, which is
the same communication band used by the Electronically Controlled
Pneumatic (ECP) brake systems. On February 14, 2008, AAR modified S-
5509 by requiring the DBSR systems to use a communication frequency on
A-band, instead of the C-band, to eliminate any interference problems
the two systems could encounter using the same frequency band. This
modification applies to all new locomotives, as well as a retrofit of
locomotives presently equipped with DBSR systems employing the C-band.
    NS currently operates trains equipped with ECP brake technology
that utilize many of the 50 locomotives that were equipped with the
DBSR systems using the C-band communication configuration. These trains
have experienced communication interference problems due to the two
systems using the same C-band channel. Tests have shown that
electrically disconnecting the DBSR system from the affected
locomotives causes the communication interference to subside.
Therefore, NS requests a temporary waiver of Sec.  232.109(g)(2) in
order to electrically disconnect the DBSR system until the locomotives
are modified with the new A-band DBSR system. In addition to these
locomotives being equipped with functioning acceleration/deceleration
displays per Sec.  232.109(h)(2), NS will continue to inform the
locomotive engineer of the operational status of dynamic brakes on all
locomotives, pursuant to Sec.  232.109(a) and (i). The locomotive
numbers for this waiver request are NS 7670-7719.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number (e.g., Waiver Petition Docket Number FRA-
2008-0042) and may be submitted by any of the following methods:
    Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
    Fax:<PHONE_NUMBER>.
    Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC
20590.
    Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Communications received within 20 days of the date of this notice
will be considered by FRA before final action is taken. Comments
received after that date will be considered as far as practicable. All
written communications concerning these proceedings are available for
examination during regular business hours (9 a.m.-5 p.m.) at the above
facility. All documents in the public docket are also available for
inspection and copying on the Internet at the docket facility's Web
site at http://www.regulations.gov.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the comment,
if submitted on behalf of an association, business, labor union, etc.).
You may review DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (Volume 65, Number 70; Pages
19477-78).

    Issued in Washington, DC on May 29, 2008.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program
Development.
 [FR Doc. E8-12407 Filed 6-3-08; 8:45 am]

BILLING CODE 4910-06-P