[Federal Register: October 12, 2005 (Volume 70, Number 196)]
[Proposed Rules]
[Page 59290-59292]
[DOCID:fr12oc05-33]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Parts 1910 and 1926

[Docket No. S-0215]
RIN 1218-AB67

Electric Power Generation, Transmission, and Distribution;
Electrical Protective Equipment; Extension of Comment Period; Change in
Date of Public Hearing

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

ACTION: Notice of hearing; extension of comment period; reopening of
the period to file notices of intention to appear at an informal public
hearing; additional issues for comment.

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SUMMARY: This notice reschedules an informal hearing on the proposed
standards on electric power generation, transmission, and distribution
and on electrical protective equipment, which were published on June
15, 2005. It also reopens the period to file notices of intention to
appear at the informal public hearing, extends the period for written
comments on the proposal, extends the period to provide the complete
text of testimony and documentary evidence, and identifies additional
issues on which OSHA is seeking comment. These periods are extended 90
days with this notice.

DATES: Comments. Comments on the proposal must be submitted (postmarked
or sent) by January 11, 2006.
    Informal public hearing. OSHA will hold an informal public hearing
in Washington, DC, beginning March 6, 2006. The hearing will commence
at 1 p.m. on the first day, and at 9 a.m. on the second and subsequent
days.
    Notices of intention to appear. Parties who intend to present
testimony at the informal public hearing must notify OSHA in writing of
their intention to do so no later than November 11, 2005.
    Hearing testimony and documentary evidence. Parties who request
more than 10 minutes for their presentations at the informal public
hearing and parties who will submit documentary evidence at the hearing
must submit the full text of their testimony and all documentary
evidence postmarked no later than February 1, 2006.

ADDRESSES: You may submit written comments, notices of intention to
appear, hearing testimony, and documentary evidence--identified by
docket number (S-215) or RIN number (1218-AB67)--by any of the
following methods.
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the instructions for submitting comments.
     OSHA Web site: http://dockets.osha.gov/. Follow the

instructions for submitting comments on OSHA's Web page.
     Fax: If your written comments are 10 pages or fewer, you
may fax them to the OSHA Docket Office at<PHONE_NUMBER>.
     Regular mail, express delivery, hand delivery, and courier
service: Submit three copies to the OSHA Docket Office, Docket No. S-
215, U.S. Department of Labor, 200 Constitution Avenue, NW., Room
N2625, Washington, DC 20210; telephone<PHONE_NUMBER>. (OSHA's TTY
number is<PHONE_NUMBER>.) OSHA Docket Office hours of operation are
8:15 a.m. to 4:45 p.m., e.s.t.
    Instructions: All submissions received must include the agency name
and docket number or Regulatory Information Number (RIN) for this
rulemaking. All comments received will be posted without change to
http://dockets.osha.gov/, including any personal information provided.

For detailed instructions on submitting comments and additional
information on the rulemaking process, see the ``Public Participation''
heading of the SUPPLEMENTARY INFORMATION section of this document.
    Docket: For access to the docket to read comments and background
documents that can be posted go to http://dockets.osha.gov/. Written

comments received, notices of intention to appear, and all other
material related to the development of the proposed standard will be
available for inspection and copying in the public record in the Docket
Office at the address listed previously.
    Hearing: The hearing will be held in the auditorium of the U.S.
Department of Labor, 200 Constitution Avenue, NW., Washington DC.

FOR FURTHER INFORMATION CONTACT:
    General information and press inquiries: Mr. Kevin Ropp, Director,
Office of Communications, Room N3647, OSHA, U.S. Department of Labor,
200 Constitution Avenue, NW., Washington, DC 20210; telephone (202)
693-1999.
    Technical information: Mr. David Wallis, Director, Office of
Engineering Safety, Room N3609, OSHA, U.S. Department of Labor, 200
Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693-
2277 or fax<PHONE_NUMBER>.
    Hearings: Ms. Veneta Chatmon, OSHA Office of Communications,
Occupational Health and Safety Administration, Room N3647; 200
Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693-
1999.
    Electronic copies of this Federal Register notice, as well as news,
are available at OSHA's Web page on the Internet at http://www.osha.gov
.

SUPPLEMENTARY INFORMATION: On June 15, 2005, OSHA published a proposal
that would update the standards on electric power generation,
transmission, and distribution and on electrical protective equipment
for general industry and construction (70 FR 34822). Interested parties
were given until August 15, 2005, to submit notices of intention to
appear at an informal hearing, and they were given until October 13,
2005, to submit written comments.
    The Edison Electric Institute (EEI) requested that OSHA extend the
rulemaking period by 90 days. EEI argued that an extension is warranted
because of the involvement of their membership in electric power
restoration following Hurricane Katrina, as follows:

EEI is the association of the nation's investor owned electric
companies. Many EEI member companies, their employees, and
contractors they regularly engage, are now overwhelmingly occupied
with providing assistance in the areas affected by Hurricane
Katrina. This is especially so as to those involved in electric
power transmission and distribution construction, as sister
companies work to provide mutual aid, including restoration of
electric power, to customers of those companies whose service
territories include affected portions of southern states.

Stated simply, those involved in managing and performing such work
are likely to have little, if any, time now or in the coming few
months to focus on assisting EEI to prepare comments on the proposed
rule.

    OSHA has received similar requests from other organizations.
    The Agency recognizes that many of the parties who would be
interested in this rulemaking are heavily involved in responding to the
destruction caused by Hurricane Katrina. The affected contractors and
electric utilities, including utilities providing assistance directly
affected areas, are likely to be spending significant resources on the
restoration efforts, As EEI notes, these contractors and utilities will
have little time in the next couple of months to respond to OSHA's
request for comments on the proposed standards. Therefore, OSHA is
extending the rulemaking period by 90 days.

Issues

    In the preamble to the proposal, OSHA specifically requested
comments in nearly seventy areas, involving such issues as safe work
procedures and requirements for protective equipment. For instance,
OSHA requested comments on how employees can be insulated or isolated
from multiphase exposure (70 FR 34831) and on whether the standard
should require the employer to provide automated external
defibrillators (70 FR 34842). OSHA received over 30 notices of
intention to appear (NOITA) in response to the notice of proposed
rulemaking (NPRM). The NOITAs raised many issues related to the
proposal, some of which went beyond those listed in the NPRM. OSHA will
consider evidence introduced on these issues during the rulemaking and
invites the public to comment on them:
     Whether the standard should include ground-to-ground,
cradle-to-cradle, or lock-to-lock rubber glove and sleeve requirements;
     Whether the standard should include specific multicrew
tagging requirements;
     Whether the standard should include tagging requirements
for systems using supervisory control and data acquisition (SCADA)
equipment; \1\
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    \1\ SCADA is a computer system for monitoring and controlling
equipment (in this case, electric power transmission and
distribution lines and equipment).
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     Whether OSHA should revise the order of removal of
protective grounds for the protection of employees as given in proposed
Sec.  1926.962(f)(2) and Sec.  1910.269(n)(7);
     Whether the standard should include specific requirements
for the creation of an equipotential zone;
     Whether the standard should include requirements for an
information trail tracking the job briefing between all levels of
employees associated with the job, for example, between the supervisor,
employee-in-charge, and crewmember;
     Whether the standard should require fall arrest or work
positioning equipment for employees transferring to another object
while climbing; and
     Whether the provisions for the testing of fall protection
equipment in proposed Sec.  1926.954(b) and Sec.  1910.269(g)(2) are
appropriate.
    OSHA is not limiting comments, hearing requests, and documentary
evidence to only these areas. OSHA invites comments, hearing requests,
and documentary evidence on all issues raised by the proposal.

Public Participation--Comments and Hearings

    OSHA encourages members of the public to participate in this
rulemaking by submitting comments on the proposal, and by providing
oral testimony and documentary evidence at the informal public hearing
that the Agency will convene after the comment period ends. In this
regard, the Agency invites interested parties having knowledge of, or
experience with, safety related to working on electric power
generation, transmission, or distribution installations to participate
in this process, and welcomes any pertinent data and cost information
that will provide it with the best available evidence on which to
develop the final standard.
    This section describes the procedures the public must use to submit
their comments to the docket in a timely manner, and to schedule an
opportunity to deliver oral testimony and provide documentary evidence
at the informal public hearings. Comments, notices of intention to
appear, hearing testimony, and documentary evidence will be available
for inspection and copying at the OSHA Docket Office. You also should
read the earlier sections titled DATES and ADDRESSES for additional
information on submitting comments, documents, and requests to the
Agency for consideration in this rulemaking.
    Written comments. OSHA invites interested parties to submit written
data, views, and arguments concerning this proposal. In particular,
OSHA encourages interested parties to comment on the various issues
raised in the summary and explanation of the proposal (70 FR 34826-
34893) and in this notice. When submitting comments, parties must
follow the procedures specified earlier in the sections titled DATES
and ADDRESSES. The comments must clearly identify the provision of the
proposal you are addressing, the position taken with respect to each
issue, and the basis for that position. Comments, along with supporting
data and references, received by the end of the specified comment
period will become part of the proceedings record, and will be
available for public inspection and copying at the OSHA Docket Office.
    Informal Public Hearing. Pursuant to section 6(b)(3) of the
Occupational Safety and Health Act, members of the public will have an
opportunity at an informal public hearing to provide oral testimony
concerning the issues raised in this proposal. The hearings will
connect at 1 p.m. on March 6, 2006. At that time, the presiding
administrative law judge (ALJ) will resolve any procedural matters
relating to the proceeding. The hearings will reconvene on subsequent
days at 9 a.m.
    The legislative history of section 6 of the OSH Act, as well as
OSHA's regulation governing public hearings (29 CFR 1911.15),
establishes the purpose and procedures of informal public hearings.
Although the presiding officer of such hearings is an ALJ, and
questioning by interested parties is allowed on crucial issues, the
proceeding is informal and legislative in purpose. Therefore, the
hearing provides interested parties with an opportunity to make
effective and expeditious oral presentations in the absence of
procedural restraints or rigid procedures that could impede or protract
the rulemaking process. In addition, the hearing is an informal
administrative proceeding, rather than an adjudicative one in which the
technical rules of evidence would apply, because its primary purpose is
to gather and clarify information. The regulations that govern public
hearings, and the prehearing guidelines issued for this hearing, will
ensure participants fairness and due process, and will facilitate the
development of a clear, accurate, and complete record. Accordingly,
application of these rules and guidelines will be such that questions
of relevance, procedure, and participation generally will favor
development of the record.
    Conduct of the hearing will conform to the provisions of 29 CFR
part 1911, ``Rules of Procedure for Promulgating, Modifying, or
Revoking Occupational Safety and Health Standards.'' The regulation at
29 CFR 1911.4, ``Additional or Alternative Procedural Requirements,''
specifies that the Assistant Secretary may, on reasonable notice, issue
alternative procedures to

expedite proceedings or for other good cause. Although the ALJs who
preside over these hearings make no decision or recommendations on the
merits of OSHA's proposal, they do have the responsibility and
authority to ensure that the hearing progresses at a reasonable pace
and in an orderly manner. To ensure that interested parties receive a
full and fair informal hearing as specified by 29 CFR part 1911, the
ALJ has the authority and power to: Regulate the course of the
proceedings; dispose of procedural requests, objections, and comparable
matters; confine the presentations to matters pertinent to the issuers
raised; use appropriate means to regulate the conduct of the parties
who are present at the hearing; question witnesses, and permit others
to question witnesses; and limit the time for such questioning. At the
close of the hearing, the ALJ will establish a post-hearing comment
period for parties who participated in the hearing. During the first
part of this period, the participants may submit additional data and
information to OSHA; during the second part of this period, they may
submit briefs, arguments, and summations.
    Notice of Intention to Appear to Provide Testimony at the Informal
Public Hearing. Interested parties who intend to provide oral testimony
at the informal public hearings must file a notice of intention to
appear by using the procedures specified earlier in the sections titled
DATES and ADDRESSES. This notice must provide the: name, address, and
telephone number of each individual who will provide testimony, and
their preferred hearing location; capacity (for example, the name of
the establishment or organization the individual is representing and
the individual's occupational title and position) in which each
individual will testify; approximate amount of time required for each
individual's testimony; specific issues each individual will address,
including a brief statement of the position that the individual will
take with respect to each of these issues; and a brief summary of any
documentary evidence the individual intends to present.
    OSHA emphasizes that the hearings are open to the public, and that
interested parties are welcome to attend. However, only a party who
files a complete notice of intention to appear may ask questions and
participate fully in the proceedings. While a party who did not file a
notice of intention to appear may be allowed to testify at the hearing
if time permits, this determination is at the discretion of the
presiding ALJ.
    Hearing Testimony and Documentary Evidence. Any party requesting
more than 10 minutes to testify at the informal public hearing, or who
intends to submit documentary evidence at the hearing, must provide the
complete text of the testimony and the documentary evidence as
specified earlier in the sections listed DATES and ADDRESSES. The
Agency will review each submission and determine if the information it
contains warrants the amount of time requested. If OSHA believes the
requested time is excessive, it will allocate an appropriate amount of
time to the presentation, and will notify the participant of this
action, and the reasons for the action, before the hearing. The Agency
may limit to 10 minutes the presentation of any participant who fails
to comply substantially with these procedural requirements; in such
instances, OSHA may request the participant to return for questioning
later.
    Certification of the Record and Final Determination after the
Informal Public Hearing. Following the close of the hearing and post-
hearing comment period, the presiding ALJ will certify the record to
the Assistant Secretary of Labor for Occupational Safety and Health;
the record will consist of all of the written comments, oral testimony,
and documentary evidence received during the proceeding. However, the
ALJ does not make or recommend any decisions as to the content of the
final standard. Following certification of the record, OSHA will review
the proposed provisions in light of all the evidence received as part
of the record, and then will issue the final rule based on the entire
record.

Authority and Signature

    This document was prepared under the direction of Jonathan L.
Snare, Deputy Assistant Secretary of Labor of Occupational Safety and
Health, 200 Constitution Avenue, NW., Washington, DC 20210.
    This action is taken pursuant to sections 4, 6, and 8 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657),
Secretary of Labor's Order No. 5-2002 (67 FR 65008), and 29 CFR part
1911.

    Dated: Signed at Washington, DC this 6th day of October, 2005.
Jonathan L. Snare,
Acting Assistant Secretary of Labor.
[FR Doc. 05-20421 Filed 10-11-05; 8:45 am]

BILLING CODE 4510-26-M


[Federal Register: October 10, 2008 (Volume 73, Number 198)]
[Notices]
[Page 60385-60386]
[DOCID:fr10oc08-149]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58720; File No. SR-NYSEArca-2008-104]

 Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
of Proposed Rule Change Relating to Continued Listing Criteria
Applicable to Equity Linked Notes and ``Other Securities''

October 2, 2008.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on September 30, 2008, NYSE Arca, Inc. (``NYSE Arca'' or
the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by the self-
regulatory organization. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    NYSE Arca, through its wholly owned subsidiary NYSE Arca Equities,
Inc. (``NYSE Arca Equities'' or the ``Corporation''), proposes to adopt
NYSE Arca Equities Rules 5.5(i) and 5.5(j) to specify continued listing
criteria applicable to securities listed on the Exchange pursuant to
NYSE Arca Equities Rules 5.2(j)(1) (``Other Securities'') and 5.2(j)(2)
(``Equity Linked Notes''), respectively. The text of the proposed rule
change is available on the Exchange's Web site at www.nyse.com, at the
Exchange's principal office and at the Commission's Public Reference
Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to adopt NYSE Arca Equities Rules 5.5(i) and
5.5(j) to specify continued listing criteria applicable to securities
listed on the Exchange pursuant to NYSE Arca Equities Rules 5.2(j)(1)
(``Other Securities'') and 5.2(j)(2) (``Equity Linked Notes'' or
``ELNs''), respectively.
    NYSE Arca Equities Rule 5.2(j)(1) provides that the Exchange will
consider listing any security not otherwise covered by the requirements
of NYSE Arca Equities Rule 5.2 subject to specified initial listing
requirements, including minimum number of publicly held trading units
and minimum principal amount/market value, the required minimum number
of public beneficial holders, and required issuer's total assets and
net worth. NYSE Arca Equities Rule 5.2(j)(2) sets forth initial listing
requirements applicable to ELNs, including numerical listing standards
applicable to the ELN's issuer, the issue itself, and the underlying
security for the ELN.
    Securities listed under NYSE Arca Equities Rules 5.2(j)(1) and
5.2(j)(2) are subject to trading suspension or delisting pursuant to
standards set forth in Rule 5.5(l) (``Other Reasons for Suspending or
Delisting''). Proposed NYSE Arca Equities Rule 5.5(i) and 5.5(j) would
provide that the Corporation will commence delisting or removal
proceedings (unless the Commission has approved the continued trading
of an issue of securities listed pursuant to Rule 5.2(j)(1) or Rule
5.2(j)(2), respectively), if the aggregate market value or the
principal amount of the securities publicly held is less than $400,000,
or if such other event shall occur or condition exists which in the
opinion of the Corporation makes further dealings on the Corporation
inadvisable.
    The proposed minimum standard of $400,000 is the same as the
minimum maintenance criterion for principal amount of securities
publicly held previously approved by the Commission for securities
listed on the Exchange under Rule 5.2(j)(6) (Equity Index-Linked
Securities, Commodity-Linked Securities, Currency-Linked Securities,
Fixed Income Index-Linked Securities, Futures-Linked Securities and
Multifactor Index-Linked Securities).\4\ The Exchange believes that the
proposed criteria provide an adequate minimum threshold for the dollar
principal amount of derivatively-priced securities such as those listed
under Rules 5.2(j)(1) and 5.2(j)(2) to permit sufficient market
liquidity, and provides flexibility to the Exchange to commence
delisting proceedings based on other events or conditions that may
occur.
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    \4\ See, e.g., Securities Exchange Act Release No. 57701 (April
23, 2008), 73 FR 23281 (April 29, 2008) (SR-NYSEArca-2008-20).
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2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) \5\ of the
Securities Exchange Act of 1934 (``Act''), in general, and furthers the
objectives of Section 6(b)(5) \6\ of the Act, in particular in that it
is designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, and to remove impediments to and perfect
the mechanism of a free and open market and a national market system.
The

Exchange believes that the proposed rule change will provide more
specific continued listing criteria for securities listed under NYSE
Arca Equities Rules 5.2(j)(1) and 5.2(j)(2), and provides an adequate
minimum threshold for the dollar principal amount of derivatively-
priced securities such as those listed under Rules 5.2(j)(1) and
5.2(j)(2) to permit sufficient market liquidity.
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    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants or Others

    No written comments were solicited or received with respect to the
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve the proposed rule change; or
    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2008-104 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSEArca-2008-104. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEArca-2008-104 and should
be submitted on or before October 31, 2008.
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    \7\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
Florence E. Harmon,
Acting Secretary.
 [FR Doc. E8-24117 Filed 10-9-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register: August 17, 2009 (Volume 74, Number 157)]
[Notices]
[Page 41418-41419]
[DOCID:fr17au09-58]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12680-003]

Ocean Renewable Power Company, LLC; Notice of Intent To File
Hydrokinetic Pilot Project License Application, Filing of Draft
Application, Request for Waivers of Integrated Licensing Process
Regulations Necessary for Expedited Processing of a Pilot Project
License Application, and Soliciting Comments

August 7, 2009.
    a. Type of Filing: Notice of Intent to File an Application for an
Original License for a Hydrokinetic Pilot Project.
    b. Project No.: 12680-003.
    c. Dated Filed: July 24, 2009.
    d. Submitted By: Ocean Renewable Power Company, LLC.
    e. Name of Project: ORPC Eastport Tidal Energy Project.
    f. Location: In Western Passage and Cobscook Bay in Eastport,
Maine. The project would not occupy federal lands.
    g. Filed Pursuant to: 18 CFR 5.3 of the Commission's regulations.
    h. Applicant Contact: Christopher R. Sauer, Ocean Renewable Power
Company, 2 Portland Fish Pier, Suite 307, Portland, Maine 04101, (207)
772-7707.
    i. FERC Contact: Timothy Konnert<PHONE_NUMBER>.
    j. Ocean Renewable Power Company (ORPC) has filed with the
Commission: (1) A notice of intent (NOI) to file an application for an
original license for a kinetic hydropower pilot project and a draft
license application with monitoring plans; (2) a request for waivers of
the integrated licensing process regulations necessary for expedited
processing of a hydrokinetic pilot project license application; (3) a
proposed process plan and schedule; (4) a request to be designated as
the non-federal representative for section 7 of the Endangered Species
Act (ESA) consultation; and (5) a request to be designated as the non-
federal representative for section 106 consultation under the National
Historic Preservation Act (NHPA) (collectively the pre-filing
materials).
    k. With this notice, we are soliciting comments on the pre-filing
materials listed in paragraph j above, including the draft pilot
license application and monitoring plans. All comments should be sent
to the address above in paragraph h. In addition, all comments
(original and eight copies) must be filed with the Commission at the
following address: Kimberly D. Bose, Secretary,

Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. All filings with the Commission must include on
the first page, the project name (ORPC Eastport Tidal Energy Project)
and number (P-12680-003), and bear the heading ``Comments on the
proposed ORPC Eastport Tidal Energy Project.'' Any individual or entity
interested in submitting comments on the pre-filing materials must do
so by September 8, 2009.
    Comments may be filed electronically via the Internet in lieu of
paper. The Commission strongly encourages electronic filings. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site (http://www.ferc.gov) under the ``e-filing'' link.
    l. With this notice, we are approving ORPC's request to be
designated as the non-federal representative for section 7 of the
Endangered Species Act (ESA) and its request to initiate consultation
under section 106 of the National Historic Preservation Act; and
recommending that it begin informal consultation with: (a) The U.S.
Fish and Wildlife Service and the National Marine Fisheries Service as
required by section 7 of ESA; and (b) the New York State Historic
Preservation Officer, as required by section 106, NHPA, and the
implementing regulations of the Advisory Council on Historic
Preservation at 36 CFR 800.2.
    m. This notice does not constitute the Commission's approval of
ORPC's request to use the Pilot Project Licensing Procedures. Upon its
review of the project's overall characteristics relative to the pilot
project criteria, the draft license application contents, and any
comments filed, the Commission will determine whether there is adequate
information to conclude the pre-filing process.
    n. The proposed ORPC Eastport Tidal Energy Project would consist
of: (1) A single 1-megawatt (MW) hydrokinetic device in Cobscook Bay
during Phase 1; (2) four additional 1-MW hydrokinetic devices in
Western Passage during Phase 2; (3) underwater bundled cables from each
device that would interconnect with a control room and station located
on shore, one at Western Passage and one at Cobscook Bay; (4) a
transmission line connecting the shore stations to the Eastport
electrical grid; and (5) appurtenant facilities for operating and
maintaining the project. The estimated annual generation of the
proposed project during Phase 1 is 2,760 megawatt-hours (MWh) and
15,000 MWh during Phase 2.
    o. A copy of the draft license application and all pre-filing
materials are available for review at the Commission in the Public
Reference Room or may be viewed on the Commission's Web site (http://
www.ferc.gov), using the ``eLibrary'' link. Enter the docket number,
excluding the last three digits in the docket number field to access
the document. For assistance, contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at 1-866-208-3676, of for TTY,
(202) 502-8659. A copy is also available for inspection and
reproduction at the address in paragraph h.
    p. Pre-filing process schedule. The pre-filing process will be
conducted pursuant to the following tentative schedule. Revisions to
the schedule may be made as appropriate.

------------------------------------------------------------------------
                 Milestone                              Date
------------------------------------------------------------------------
Comments on pre-filing materials due......  September 8, 2009.
Issuance of meeting notice (if needed)....  September 23, 2009.
Public meeting/technical conference (if     October 23, 2009.
 needed).
Issuance of notice concluding pre-filing    October 8, 2009 (if no
 process and ILP waiver request              meeting is needed) November
 determination.                              9, 2009 (if meeting is
                                             needed).
------------------------------------------------------------------------

    q. Register online at http://ferc.gov/esubscribenow.htm to be
notified via e-mail of new filing and issuances related to this or
other pending projects. For assistance, contact FERC Online Support.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E9-19614 Filed 8-14-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 55 (Wednesday, March 22, 2023)]
[Notices]
[Pages 17295-17297]
[FR Doc No: 2023-05877]

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

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2023-0007 (Notice No. 2023-02)]

Hazardous Materials: Information Collection Activities

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, PHMSA
invites comments on three Office of Management and Budget (OMB) control
numbers pertaining to hazardous materials transportation. PHMSA intends
to request renewal for these three control numbers from OMB.

DATES: Interested persons are invited to submit comments on or before
May 22, 2023.

ADDRESSES: You may submit comments identified by the Docket Number
PHMSA-2023-0007 (Notice No. 2023-02) by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket Management System; U.S. Department of
Transportation, West Building, Ground Floor, Room W12-140, Routing
Symbol M-30, 1200 New Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: To the Docket Management System; Room W12-
140 on the ground floor of the West Building, 1200 New Jersey Avenue
SE, Washington, DC 20590, between 9 a.m.

and 5 p.m., Monday through Friday, except Federal holidays.
    Instructions: All submissions must include the agency name and
Docket Number (PHMSA-2023-0007) for this notice at the beginning of the
comment. To avoid duplication, please use only one of these four
methods. All comments received will be posted without change to the
Federal Docket Management System (FDMS) and will include any personal
information you provide.
    Requests for a copy of an information collection should be directed
to Steven Andrews or Glenn Foster, Standards and Rulemaking Division,
(202) 366-8553, Pipeline and Hazardous Materials Safety Administration,
U.S. Department of Transportation, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001.
    Docket: For access to the dockets to read background documents or
comments received, go to http://www.regulations.gov or DOT's Docket
Operations Office (see ADDRESSES).
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
    Confidential Business Info: Confidential Business Information (CBI)
is commercial or financial information that is both customarily and
actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this notice contain
commercial or financial information that is customarily treated as
private, that you actually treat as private, and that is relevant or
responsive to this notice, it is important that you clearly designate
the submitted comments as ``CBI.'' Please mark each page of your
submission containing CBI as ``PROPIN.'' PHMSA will treat such marked
submissions as confidential under the FOIA, and they will not be placed
in the public docket of this notice. Submissions containing CBI should
be sent to Steven Andrews or Glenn Foster, Standards and Rulemaking
Division and addressed to the Pipeline and Hazardous Materials Safety
Administration, U.S. Department of Transportation, 1200 New Jersey
Avenue SE, Washington, DC 20590-0001. Any commentary that PHMSA
receives which is not specifically designated as CBI will be placed in
the public docket for this rulemaking.

FOR FURTHER INFORMATION CONTACT: Steven Andrews or Glenn Foster,
Standards and Rulemaking Division,<PHONE_NUMBER>, Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION: Section 1320.8(d), title 5, Code of Federal
Regulations (CFR) requires PHMSA to provide interested members of the
public and affected agencies an opportunity to comment on information
collection and recordkeeping requests. This notice identifies
information collection requests that PHMSA will be submitting to OMB
for renewal and extension. These information collections are contained
in 49 CFR 171.6 of the Hazardous Materials Regulations (HMR; 49 CFR
parts 171-180). PHMSA has revised burden estimates, where appropriate,
to reflect current reporting levels or adjustments based on changes in
proposed or final rules published since the information collections
were last approved. The following information is provided for each
information collection: (1) title of the information collection,
including former title if a change is being made; (2) OMB control
number; (3) summary of the information collection activity; (4)
description of affected public; (5) estimate of total annual reporting
and recordkeeping burden; and (6) frequency of collection. PHMSA will
request a 3-year term of approval for each information collection
activity and will publish a notice in the Federal Register alerting the
public upon OMB's approval.
    PHMSA requests comments on the following information collections:
    Title: Hazardous Materials Incident Reports.
    OMB Control Number: 2137-0039.
    Summary: This information collection is applicable upon occurrence
of an incident as prescribed in 49 CFR 171.15 and 171.16. A Hazardous
Materials Incident Report, DOT Form F 5800.1, must be completed by a
person in physical possession of a hazardous material at the time a
hazardous material incident occurs in transportation, such as a release
of materials, serious accident, evacuation, or closure of a main
artery. Incidents meeting criteria in 49 CFR 171.15 also require a
telephonic report. This information collection enhances the Agency's
ability to evaluate the effectiveness of its regulatory program,
determine the need for regulatory changes, and address emerging
hazardous materials transportation safety issues. The requirements
apply to all interstate and intrastate carriers engaged in the
transportation of hazardous materials by rail, air, water, and highway.
The following information collections and their burdens are associated
with this OMB Control Number:

----------------------------------------------------------------------------------------------------------------
                                                                   Total annual      Hours per     Total annual
             Information collection                 Respondents      responses       response      burden hours
----------------------------------------------------------------------------------------------------------------
Telephone Notifications.........................             180             716            0.08              57
Incident Reports Paper--Written.................             172           2,888             1.6           4,621
Incident Reports--Electronic....................             166          19,720             0.8          15,776
----------------------------------------------------------------------------------------------------------------

    Affected Public: Shippers and carriers of hazardous materials.
    Annual Reporting and Recordkeeping Burden:
    Number of Respondents: 518.
    Total Annual Responses: 23,324.
    Total Annual Burden Hours: 20,454.
    Frequency of Collection: On occasion.
    Title: Cargo Tank Motor Vehicles in Liquefied Compressed Gas
Service.
    OMB Control Number: 2137-0595.
    Summary: This information collection and recordkeeping burden
pertains to the requirements applicable to the manufacture,
certification, inspection, repair, maintenance, and operation of
certain DOT specification and non-specification cargo tank motor
vehicles used to transport liquefied compressed gases. These
requirements are intended to ensure cargo tank motor vehicles used to
transport liquefied compressed gases are operated safely, and to
minimize the potential for catastrophic releases during unloading and
loading operations. They include: (1) requirements for operators of
cargo tank motor vehicles in liquefied compressed gas service to
develop operating procedures applicable to unloading operations and
carry the operating

procedures on each vehicle; (2) inspection, maintenance, marking, and
testing requirements for the cargo tank discharge system, including
delivery hose assemblies; and (3) requirements for emergency discharge
control equipment on certain cargo tank motor vehicles transporting
liquefied compressed gases that must be installed and certified by a
Registered Inspector.
    The following information collections and their burdens are
associated with this OMB Control Number:

----------------------------------------------------------------------------------------------------------------
                                                                   Total annual      Hours per     Total annual
             Information collection                 Respondents      responses       response      burden hours
----------------------------------------------------------------------------------------------------------------
Marking New/Repaired Hoses with Unique                      6800          12,172           0.083           1,010
 Identifier.....................................
Monthly Hose Inspections Record.................            6800         439,960             0.1          43,996
Record of Monthly Piping Tests Record...........            6800         400,112             0.2          80,022
Hose Pressure Test Marking Record...............            6800          12,172           0.083           1,010
Annual Hose Test Record.........................            6800          36,652            0.42          15,394
Cargo Tanks in Other Than Metered Delivery                   150             900               8           7,200
 Service--Design Certification for Automatic
 Shutoff........................................
Cargo Tanks in Other Than Metered Delivery                   150             900               8           7,200
 Service--Instillation of Shutoff System by a
 Registered Inspector...........................
Cargo Tank Motor Vehicles in Metered Delivery                150            3300               8          26,400
 Service--Certification of Remote-Control
 Equipment by a Registered Inspector............
----------------------------------------------------------------------------------------------------------------

    Affected Public: Carriers in liquefied compressed gas service,
manufacturers and repairers.
    Annual Reporting and Recordkeeping Burden:
    Number of Respondents: 34,450.
    Total Annual Responses: 906,168.
    Total Annual Burden Hours: 182,232.
    Frequency of Collection: On occasion.
    Title: Inspection and Testing of Meter Provers.
    OMB Control Number: 2137-0620.
    Summary: This information collection and recordkeeping burden
results from the requirements pertaining to the use, inspection, and
maintenance of mechanical displacement meter provers (meter provers)
used to check the accurate flow of liquid hazardous materials into bulk
packagings, such as portable tanks and cargo tank motor vehicles, under
the HMR. These meter provers are used to ensure that the proper amount
of liquid hazardous materials is being loaded and unloaded. These meter
provers consist of a gauge and several pipes that always contain small
amounts of the liquid hazardous material in the pipes as residual
material and, therefore, must be inspected and maintained in accordance
with the HMR to ensure they are in proper calibration and working
order. These meter provers are not subject to the specification testing
and inspection requirements in 49 CFR part 178. However, these meter
provers must be visually annually inspected and hydrostatic pressure
tested every five years in order to ensure they are properly working as
specified in 49 CFR 173.5a of the HMR. Therefore, this information
collection requires that:
    (1) Each meter prover must undergo and pass an annual external
visual inspection to ensure that the meter provers used in the flow of
liquid hazardous materials into bulk packagings are accurate and in
conformance with the performance standards in the HMR.
    (2) Each meter prover must undergo and pass a hydrostatic pressure
test at least every 5 years to ensure that the meter provers used in
the flow of liquid hazardous materials into bulk packagings are
accurate and in conformance with the performance standards in the HMR.
    (3) Each meter prover must successfully complete the test and
inspection and must be marked in accordance with 49 CFR 180.415(b) and
173.5a.
    (4) Each owner must retain a record of the most recent visual
inspection and pressure test until the meter prover is requalified.
    The following information collections and their burdens are
associated with this OMB Control Number:

----------------------------------------------------------------------------------------------------------------
                                                                   Total annual      Hours per     Total annual
             Information collection                 Respondents      responses       response      burden hours
----------------------------------------------------------------------------------------------------------------
Annual Visual Inspection........................             250             250             0.5             125
Hydrostatic Pressure Test (Every 5 Years).......             250             250             0.2              50
----------------------------------------------------------------------------------------------------------------

    Affected Public: Owners of meter provers used to measure liquid
hazardous materials flow into bulk packagings such as cargo tanks and
portable tanks.
    Annual Reporting and Recordkeeping Burden:
    Number of Respondents: 500.
    Total Annual Responses: 500.
    Total Annual Burden Hours: 175.
    Frequency of Collection: On occasion.

    Issued in Washington, DC, on March 17, 2023.
Shane C. Kelley,
Director, Standards and Rulemaking, Office of Hazardous Materials
Safety, Pipeline and Hazardous Materials Safety Administration.
[FR Doc. 2023-05877 Filed 3-21-23; 8:45 am]
BILLING CODE 4910-60-P


	DOCKET OST-2000-8353

This serves as interim notice to the public of the action described
below, taken orally by the Department official indicated; the confirming
order or other decision document will be issued as soon as possible.

Applicant:  Volga-Dnepr J.S. Cargo Airline			Date Filed:  November 17,
2000

Relief requested:  Exemption pursuant to 49 U.S.C. section 40109(g) to
permit it to operate one one-way cargo charter flight between Tulsa, OK,
and Philadelphia, PA, on or about November 21, 2000, using its AN-124
aircraft, to transport an oversized cylindrical pressure vessel on
behalf of Sunoco, Inc.  The applicant stated that the vessel has been
specially fabricated for Sunoco and is a crucial part of its refining
process, and that timely delivery and installation will help to avoid
possible heating oil shortages.  It further stated that surface
transportation was not feasible because of the time involved, the
adverse effect a long road trip could have on the vessel, and the
vessel’s size; that transportation by air was the only viable option;
and that because of the size of the vessel transportation on
U.S.-carrier aircraft was not possible.

Applicant representative:  Glenn Wicks<PHONE_NUMBER>

Responsive pleadings:  Volga-Dnepr served its application on those U.S.
carriers operating large all-cargo aircraft.  Each carrier indicated
that it did not have aircraft available to conduct the proposed
operation, and that it had no comment or did not oppose grant of the
requested authority to Volga-Dnepr.

	DISPOSITION

Action:  Approved							Action date:  November 20, 2000

Effective dates of authority granted:   November 21-24, 2000

Basis for approval:  We found that the application met all the relevant
criteria of 49 U.S.C. section 40109(g) for the grant of an exemption of
this type, and that the grant was required in the public interest.
Moreover, based on the representations of the U.S. carriers, we
concluded that no U.S. carrier had aircraft available which could be
used to conduct the operation at issue here.  We also found that grant
of Volga-Dnepr’s request would prevent undue hardship to the cargo and
Sunoco.

Except to the extent exempted/waived, this authority is subject to
standard exemption conditions and to the condition that Volga-Dnepr
comply with an FAA-approved flight routing for the authorized flight.

Action taken by:	FRANCISCO J. SANCHEZ

			Assistant Secretary for Aviation

			   and International Affairs

    NOTICE OF ACTION TAKEN


[Federal Register Volume 84, Number 168 (Thursday, August 29, 2019)]
[Notices]
[Page 45619]
[FR Doc No: 2019-18723]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. 2019-51]

Petition for Exemption; Summary of Petition Received; Boeing
Defense Space & Security

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Notice.

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

SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of Federal Aviation Regulations. The
purpose of this notice is to improve the public's awareness of, and
participation in, the FAA's exemption process. Neither publication of
this notice nor the inclusion or omission of information in the summary
is intended to affect the legal status of the petition or its final
disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before September 18, 2019.

ADDRESSES: Send comments identified by docket number FAA-2019-0551
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation, 1200 New Jersey Avenue SE, Room W12-140,
West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to http://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jake Troutman,<PHONE_NUMBER>, Office
of Rulemaking, Federal Aviation Administration, 800 Independence Avenue
SW, Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on August 23, 2019.
John Linsenmeyer,
Acting Deputy Executive Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2019-0551.
    Petitioner: Boeing Defense Space & Security.
    Section(s) of 14 CFR Affected: Sec. Sec.  133.19(a)(1) & (3);
133.23(c); 133.27(b); 133.37(a)(1); 133.43(a) & (b); & 133.49(a).
    Description of Relief Sought: The proposed exemption, if granted,
would permit operation of the Cargo Air Vehicle (CV2), fully autonomous
unmanned aircraft system, above 55 pounds, in external-load operations
for research, development, crew training, and exhibition of the
external load capability, performed in a sterile and controlled
environment under the provisions of a Special Airworthiness Certificate
in the Experimental category.

[FR Doc. 2019-18723 Filed 8-28-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 145 (Wednesday, July 29, 2015)]
[Notices]
[Page 45214]
[FR Doc No: 2015-18569]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP15-1121-000.
    Applicants: Alliance Pipeline L.P.
    Description: Sec.  4(d) Rate Filing: July 18-31 2015 Auction to be
effective 7/18/2015.
    Filed Date: 7/16/15.
    Accession Number: 20150716-5080.
    Comments Due: 5 p.m. ET 7/28/15.

    Docket Numbers: RP15-1122-000.
    Applicants: Transcontinental Gas Pipe Line Company.
    Description: Compliance filing Pro Forma GT&C Section 46 1Line
Service to be effective N/A.
    Filed Date: 7/17/15.
    Accession Number: 20150717-5075.
    Comments Due: 5 p.m. ET 7/29/15.

    Docket Numbers: RP15-1123-000.
    Applicants: MoGas Pipeline LLC.
    Description: Compliance filing MoGas Cost and Revenue Compliance
Filing RP09-791 to be effective N/A.
    Filed Date: 7/17/15.
    Accession Number: 20150717-5111.
    Comments Due: 5 p.m. ET 7/29/15.

    Docket Numbers: RP15-1124-000.
    Applicants: Millennium Pipeline Company, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Service Agmt--
Columbia to be effective 9/1/2015.
    Filed Date: 7/17/15.
    Accession Number: 20150717-5141.
    Comments Due: 5 p.m. ET 7/29/15.

    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and Sec.  385.214) on or
before 5:00 p.m. Eastern time on the specified comment date. Protests
may be considered, but intervention is necessary to become a party to
the proceeding.

Filings in Existing Proceedings

    Docket Numbers: RP15-1106-001.
    Applicants: Equitrans, L.P.
    Description: Tariff Amendment: Negotiated Capacity Release
Agreements--07/01/2015 Update to be effective 7/1/2015.
    Filed Date: 7/17/15.
    Accession Number: 20150717-5117.
    Comments Due: 5 p.m. ET 7/29/15.

    Any person desiring to protest in any of the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: July 20, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-18569 Filed 7-28-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 144 (Friday, July 28, 2017)]
[Rules and Regulations]
[Pages 35057-35058]
[FR Doc No: 2017-15619]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2017-0237; Airspace Docket No. 16-ANM-10]

Establishment of Class E Airspace, Del Norte, CO

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action establishes Class E airspace extending upward from
700 feet above the surface at Astronaut Kent Rominger Airport, Del
Norte, CO, to support the development of instrument flight rules (IFR)
operations under standard instrument approach and departure procedures
at the airport, for the safety and management of aircraft within the
National Airspace System.

DATES: Effective 0901 UTC, October 12, 2017. The Director of the
Federal Register approves this incorporation by reference action under
Title 1, Code of Federal Regulations, part 51, subject to the annual
revision of FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11A, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC, 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call<PHONE_NUMBER>, or go to
http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Tom Clark, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it establishes Class E airspace at Astronaut Kent Rominger Airport,
Del Norte, CO, to support the development of IFR operations in standard
instrument approach procedures at the airport.

History

    On April 20, 2017, the FAA published in the Federal Register (82 FR
18598) Docket FAA-2017-0237 a notice of proposed rulemaking to
establish Class E airspace extending upward from 700 feet above the
surface at Astronaut Kent Rominger Airport, Del Norte, CO. Interested
parties were invited to participate in this rulemaking effort by
submitting written comments on the

proposal to the FAA. No comments were received.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.11A, dated August 3, 2016, and effective September 15,
2016, which is incorporated by reference in 14 CFR part 71.1. The Class
E airspace designation listed in this document will be published
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11A, Airspace Designations and
Reporting Points, dated August 3, 2016, and effective September 15,
2016. FAA Order 7400.11A is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11A lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 establishes Class E airspace extending upward from 700 feet
above the surface at Astronaut Kent Rominger Airport, Del Norte, CO,
within a 7.3-mile radius of Astronaut Kent Rominger Airport beginning
at the 045[deg] bearing from the airport clockwise to the 265[deg]
bearing from the airport, thence directly to the point of beginning.
This airspace is necessary to support IFR operations in standard
instrument approach and departure procedures at the airport.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a Regulatory Evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11A,
Airspace Designations and Reporting Points, dated August 3, 2016, and
effective September 15, 2016, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ANM CO E5 Del Norte, CO [New]

Astronaut Kent Rominger Airport, CO
    (Lat. 37[deg]42'50'' N., long. 106[deg]21'07'' W.)

    That airspace extending upward from 700 feet above the surface
within a 7.3-mile radius of Astronaut Kent Rominger Airport
beginning at the 045[deg] bearing from the airport clockwise to the
265[deg] bearing from the airport, thence directly to the point of
beginning.

    Issued in Seattle, Washington, on July 17, 2017.
Sam S.L. Shrimpton,
Acting Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2017-15619 Filed 7-27-17; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 108 (Tuesday, June 5, 2018)]
[Proposed Rules]
[Pages 25977-25979]
[FR Doc No: 2018-12072]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2018-0307; FRL-9979-13--Region 7]

Air Plan Approval; Nebraska; Revisions to Title 115 of the
Nebraska Administrative Code; Rules of Practice and Procedure

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the State Implementation Plan (SIP) submitted by
the State of Nebraska on August 28, 2014. This proposed action will
amend the SIP to revise title 115 of the Nebraska Administrative Code
``Nebraska Rules of Practice and Procedure.'' The proposed revisions to
title 115 update the Nebraska Department of Environmental Quality's
(NDEQ) rules of practice and procedure to incorporate legislative
changes that have been made to the State's Administrative Procedure Act
and the public record laws.

DATES: Comments must be received on or before July 5, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2018-0307 to https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e. on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Greg Crable, Environmental Protection
Agency, Air Planning and Development Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219 at<PHONE_NUMBER>, or by email at
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to EPA. This section provides additional information by
addressing the following:

    I. What is being addressed in this document?
    II. Have the requirements for approval of a SIP revision been
met?
    III. What action is EPA taking?
    IV. Incorporation by Reference
    V. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    EPA is proposing to amend Nebraska's SIP to include revisions to
title 115 of the Nebraska Administrative Code. The last revision to
title 115--Rules of Practice and Procedure was approved into the
Nebraska SIP in 1994 (60 FR 372). Since that time, the legislature has
amended the Administrative Procedure Act and the public record laws
which impose additional requirements on NDEQ. NDEQ has adopted the
revisions to title 115 and has requested EPA amend the SIP.
    This action proposes to revise chapter 1, Definitions of Terms;
chapter 2, Filings and Correspondence; chapter 3, Public Records
Availability; chapter 4, Public Records Confidentiality; chapter 5,
Public Hearings; chapter 7, Contested Cases; chapter 8, Emergency
Proceeding Hearings; chapter 9, Declaratory Rulings; and chapter 10,
Rulemaking. This action proposes to revise the chapter titles for
chapters 2, 4, 8, 9 and 10. No revisions are being made to chapter 6,
Voluntary Compliance. Chapter 11, Variances, is being deleted. The
proposed revisions to title 115 are numerous and can be found in the
August 28, 2014 State submission which is part of the docket.
    Specifically, the changes to chapters 1, 2, 7, 8, 9 and 10 conform
regulatory language to the Attorney General's model rules. Revisions to
chapters 3 and 5 better describe the procedures already in place by
practice for obtaining public records and public hearings on permit
decisions or fact-finding hearings that are required by law. Revisions
to chapter 4 clarify the procedures for asserting a claim of
confidentiality trade secrets. Finally, chapter 11 is being deleted
from title 115 because it is duplicative and found in chapter 33 of
title 129.
    EPA is proposing approval of these revisions as they are not
fundamentally different from a procedural standpoint from existing
rules. These revisions do not impact air quality. The revisions do not
revise emission limits or procedures, nor do they impact the state's
ability to attain or maintain the

National Ambient Air Quality Standards.

II. Have the requirements for approval of a SIP revision been met?

    The state submission has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The revised title 115
chapters were placed on public notice on January 30, 2004, and a public
hearing was held by the NDEQ on March 5, 2004. During the public
hearing NDEQ received three comments. NDEQ addressed each of the
comments and made no change to the rule based on comments received. The
submission also satisfied the completeness criteria of 40 CFR part 51,
appendix V. In addition, as explained above, and as demonstrated in the
documents in the docket, the revisions meet the substantive SIP
requirements of the Clean Air Act (CAA), including section 110 and
implementing regulations.

III. What action is EPA taking?

    EPA is proposing to approve the title 115 SIP revision submitted by
the State of Nebraska on August 28, 2014. We are processing this as a
proposed action because we are soliciting comments on this proposed
action. Final rulemaking will occur after consideration of any
comments.

IV. Incorporation by Reference

    In this action, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference the Nebraska Regulations described in the amendments to 40
CFR part 52 set forth below. EPA has made, and will continue to make,
these materials generally available through https://www.regulations.gov
and at the EPA Region 7 Office (please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section of this preamble for more
information).

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the 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 Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
     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).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications and will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).

 List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: May 25, 2018.
James B. Gulliford,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA proposes to amend 40
CFR part 52 as set forth below:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart CC Nebraska

0
2. Amend Sec.  52.1420(c) by:
0
a. Revising the entries for 115-1; 115-2; 115-3; 115-4; 115-5; 115-7;
115-8; 115-9; and 115-10; and
0
b. Removing the entry for 115-11.
    The revisions read as follows:

Sec.  52.1420  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Nebraska Regulations
----------------------------------------------------------------------------------------------------------------
                                                      State
   Nebraska  citation              Title            effective      EPA approval date           Explanation
                                                       date
----------------------------------------------------------------------------------------------------------------
                                                STATE OF NEBRASKA
----------------------------------------------------------------------------------------------------------------
                                       Department of Environmental Quality
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                   Title 115--Rules of Practice and Procedure
----------------------------------------------------------------------------------------------------------------
115-1...................  Definitions of Terms...     6/8/2004  [date of final           .......................
                                                                 publication in the
                                                                 Federal Register]
                                                                 [final Federal
                                                                 Register citation].
115-2...................  Petition for                6/8/2004  [date of final           .......................
                           Declaratory Order.                    publication in the
                                                                 Federal Register]
                                                                 [final Federal
                                                                 Register citation].
115-3...................  Public Records              6/8/2004  [date of final           .......................
                           Availability.                         publication in the
                                                                 Federal Register]
                                                                 [final Federal
                                                                 Register citation].
115-4...................  Confidentiality for         6/8/2004  [date of final           .......................
                           Trade Secrets.                        publication in the
                                                                 Federal Register]
                                                                 [final Federal
                                                                 Register citation].
115-5...................  Public Hearings........     6/8/2004  [date of final           .......................
                                                                 publication in the
                                                                 Federal Register]
                                                                 [final Federal
                                                                 Register citation].

                                                  * * * * * * *
115-7...................  Contested Cases........     6/8/2004  [date of final           .......................
                                                                 publication in the
                                                                 Federal Register]
                                                                 [final Federal
                                                                 Register citation].
115-8...................  Intervention in a           6/8/2004  [date of final           .......................
                           Contested Case.                       publication in the
                                                                 Federal Register]
                                                                 [final Federal
                                                                 Register citation].
115-9...................  Ex Parte Communications     6/8/2004  [date of final           .......................
                           Prohibited.                           publication in the
                                                                 Federal Register]
                                                                 [final Federal
                                                                 Register citation].
115-10..................  Petition for Rulemaking     6/8/2004  [date of final           .......................
                                                                 publication in the
                                                                 Federal Register]
                                                                 [final Federal
                                                                 Register citation].
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2018-12072 Filed 6-4-18; 8:45 am]
BILLING CODE 6560-50-P