Federal Register / Vol. 75, No. 15 / Monday, January 25, 2010 / Proposed Rules 3881 

containing the proposal, any comments 

received, and any final disposition in 

person in the Dockets Office between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The 

Docket Office (telephone 1–800–647– 

5527), is on the ground floor of the 

building at the above address. 

FOR FURTHER INFORMATION CONTACT: 

Scott Enander, Central Service Center, 

Operations Support Group, Federal 

Aviation Administration, Southwest 

Region, 2601 Meacham Blvd., Fort 

Worth, TX 76137; telephone: (817) 321– 

7716. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested parties are invited to 

participate in this proposed rulemaking 

by submitting such written data, views, 

or arguments, as they may desire. 

Comments that provide the factual basis 

supporting the views and suggestions 

presented are particularly helpful in 

developing reasoned regulatory 

decisions on the proposal. Comments 

are specifically invited on the overall 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects of the proposal. 

Communications should identify both 

docket numbers and be submitted in 

triplicate to the address listed above. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this notice must submit with those 

comments a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket No. FAA–2009–0802/Airspace 

Docket No. 09–AGL–22.’’ The postcard 

will be date/time stamped and returned 

to the commenter. 

Availability of NPRMs 

An electronic copy of this document 

may be downloaded through the 

Internet at http://www.regulations.gov. 

Recently published rulemaking 

documents can also be accessed through 

the FAA’s Web page at http:// 

www.faa.gov/airports_airtraffic/ 

air_traffic/publications/ 

airspace_amendments/. 

Additionally, any person may obtain 

a copy of this notice by submitting a 

request to the Federal Aviation 

Administration (FAA), Office of Air 

Traffic Airspace Management, ATA– 

400, 800 Independence Avenue, SW., 

Washington, DC 20591, or by calling 

(202) 267–8783. Communications must 

identify both docket numbers for this 

notice. Persons interested in being 

placed on a mailing list for future 

NPRMs should contact the FAA’s Office 

of Rulemaking (202) 267–9677, to 

request a copy of Advisory Circular No. 

11–2A, Notice of Proposed Rulemaking 

Distribution System, which describes 

the application procedure. 

The Proposal 

This action proposes to amend Title 

14, Code of Federal Regulations (14 

CFR), Part 71 by establishing Class E 

airspace extending upward from 700 

feet above the surface for SIAPs 

operations at Hamry Field Airport, 

Kindred, ND. Controlled airspace is 

needed for the safety and management 

of IFR operations at the airport. 

Class E airspace areas are published 

in Paragraph 6005 of FAA Order 

7400.9T, signed August 27, 2009 and 

effective September 15, 2009, which is 

incorporated by reference in 14 CFR 

71.1. The Class E airspace designation 

listed in this document would be 

published subsequently in the Order. 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. It, 

therefore, (1) is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866; (2) is not a ‘‘significant 

rule’’ under DOT Regulatory Policies 

and Procedures (44 FR 11034; February 

26, 1979); and (3) does not warrant 

preparation of a Regulatory Evaluation 

as the anticipated impact is so minimal. 

Since this is a routine matter that will 

only affect 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. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the U.S. Code. Subtitle 1, 

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 would 

establish controlled airspace at Hamry 

Field Airport, Kindred, ND. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (Air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 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 

1. The authority citation for Part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(g); 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.9T, 

Airspace Designations and Reporting 

Points, signed August 27, 2009, and 

effective September 15, 2009, is 

amended as follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth 

* * * * * 

AGL ND E5 Kindred, ND [New] 

Hamry Field Airport, ND 

(Lat. 46°38′55′′ N., long. 96°59′56′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.3-mile 

radius of Hamry Field Airport. 

* * * * * 

Issued in Fort Worth, TX, on January 12, 

2010. 

Walter Tweedy, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. 2010–1358 Filed 1–22–10; 8:45 am] 

BILLING CODE 4901–13–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

29 CFR Part 1910 

RIN 1218–AC41 

Combustible Dust 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Notice of stakeholder meetings. 

SUMMARY: OSHA invites interested 

parties to participate in informal 

stakeholder meetings on the workplace 

hazards of combustible dust. OSHA 

plans to use the information gathered at 

these meetings in developing a 

proposed standard for combustible dust. 

DATES: Dates and locations for the 

stakeholder meetings are: 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
3882 Federal Register / Vol. 75, No. 15 / Monday, January 25, 2010 / Proposed Rules 

• February 17, 2010, at 9 a.m., in 

Atlanta, GA; 

• February 17, 2010, at 1:30 p.m., in 

Atlanta, GA; 

• Additional meetings are planned for 

2010, and will be announced in one or 

more subsequent notices. 

Deadline for confirmed registration at 

the meetings is February 3, 2010. 

ADDRESSES: 

Registration 

Submit your notice of intent to 

participate in one of the stakeholder 

meetings by one of the following: 

• Electronic. Register at https:// 

www2.ergweb.com/projects/ 

conferences/osha/register-oshastakeholder.htm (follow the instructions 

online). 

• Facsimile. Fax your request to: 

(781) 674–2906, and label it ‘‘Attention: 

OSHA Combustible Dust Stakeholder 

Meeting Registration.’’ 

• Regular mail, express delivery, 

hand (courier) delivery, and messenger 

service. Send your request to: ERG, Inc., 

110 Hartwell Avenue, Lexington, MA 

02421; Attention: OSHA Combustible 

Dust Stakeholder Meeting Registration. 

Meetings 

The February 17, 2010, meetings will 

be held at the Marriott Perimeter Center, 

246 Perimeter Center Parkway, Atlanta, 

GA 30346. 

FOR FURTHER INFORMATION CONTACT: 

Information regarding this notice is 

available from the following sources: 

• Press inquiries. Contact Jennifer 

Ashley, Director, OSHA Office of 

Communications, Room N–3647, U.S. 

Department of Labor, 200 Constitution 

Avenue, NW., Washington, DC 20210; 

telephone: (202) 693–1999. 

• General and technical information. 

Contact David Wallis, Director, Office of 

Engineering Safety, OSHA Directorate of 

Standards and Guidance, Room N–3609, 

U.S. Department of Labor, 200 

Constitution Avenue, NW., Washington, 

DC 20210; telephone: (202) 693–2277. 

• Copies of this Federal Register 

notice. Electronic copies are available at 

http://www.regulations.gov. This 

Federal Register notice, as well as news 

releases and other relevant information, 

also are available on the OSHA Web 

page at http://www.osha.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The hazards of combustible dust 

encompass a wide array of materials, 

industries, and processes. Any 

combustible material can burn rapidly 

when in a finely divided form. Materials 

that may form combustible dust include, 

but are not limited to, wood, coal, 

plastics, biosolids, candy, sugar, spice, 

starch, flour, feed, grain, fertilizer, 

tobacco, paper, soap, rubber, drugs, 

dried blood, dyes, certain textiles, and 

metals (such as aluminum and 

magnesium). Industries that may have 

combustible dust hazards include, 

among others: Animal food 

manufacturing, grain handling, food 

manufacturing, wood product 

manufacturing, chemical 

manufacturing, textile manufacturing, 

furniture manufacturing, metal 

processing, fabricated metal products 

and machinery manufacturing, pesticide 

manufacturing, pharmaceutical 

manufacturing, tire manufacturing, 

production of rubber and plastics, 

plastics and rubber products 

manufacturing, recycling, wastewater 

treatment, and coal handling. 

OSHA is developing a standard that 

will comprehensively address the fire 

and explosion hazards of combustible 

dust. The Agency has issued an 

Advanced Notice of Proposed 

Rulemaking (ANPR) (74 FR 54334) 

requesting comments, including data 

and other information, on issues related 

to the hazards of combustible dust in 

the workplace. OSHA plans to use the 

information received in response to the 

ANPR and at the stakeholder meetings 

in developing a proposed standard for 

combustible dust. 

II. Stakeholder Meetings 

OSHA conducted two stakeholder 

meetings in Washington, DC, on 

December 14, 2009. This notice 

announces two additional stakeholder 

meetings. The stakeholder meetings will 

be conducted as a group discussion on 

views, concerns, and issues surrounding 

the hazards of combustible dust. To 

facilitate as much group interaction as 

possible, formal presentations will not 

be permitted. Formal input should be 

submitted as indicated in the ANPR 

referenced earlier in this notice. The 

stakeholder meeting discussion will 

center on major issues such as: 

• Scope. 

• Organization of a prospective 

standard. 

• The role of consensus standards. 

• Economic impacts. 

• Additional topics as time permits. 

III. Public Participation 

Approximately 25 participants will be 

accommodated in each meeting, and 

three hours will be allotted for each 

meeting. Members of the general public 

may observe, but not participate in, the 

meetings as space permits. OSHA staff 

will be present to take part in the 

discussions. Logistics for the meetings 

are being managed by Eastern Research 

Group (ERG), which will provide a 

facilitator and compile notes 

summarizing the discussion; these notes 

will not identify individual speakers. 

ERG also will make an audio recording 

of each session to ensure that the 

summary notes are accurate; these 

recordings will not be transcribed. The 

summary notes will be posted on the 

docket for the Combustible Dust ANPR, 

Docket ID: OSHA2009–0023, available 

at the Web site http:// 

www.regulations.gov. 

The meetings are as follows: 

• February 17, 2010, at 9 a.m., at the 

Marriott Perimeter Center, 246 

Perimeter Center Parkway, Atlanta, GA 

30346; 

• February 17, 2010, at 1:30 p.m., at 

the Marriott Perimeter Center, 246 

Perimeter Center Parkway, Atlanta, GA 

30346; 

• The additional 2010 meeting dates 

and locations will be announced in one 

or more subsequent notices. 

To participate in one of the February 

17, 2009 stakeholder meetings, or be a 

nonparticipating observer, you may 

submit notice of intent electronically, by 

facsimile, or by hard copy. To encourage 

as wide a range of viewpoints as 

possible, OSHA intends to limit 

participation to organizations that have 

not participated in previous stakeholder 

meetings. OSHA will confirm 

participants as necessary to ensure a fair 

representation of interests and to 

facilitate gathering diverse viewpoints. 

To receive a confirmation of your 

participation 1 week before the meeting, 

register by the date listed in the DATES

section of this notice. However, 

registration will remain open until the 

meetings are full. Additional 

nonparticipating observers that do not 

register for the meeting will be 

accommodated as space permits. See the 

ADDRESSES section of this notice for the 

registration Web site, facsimile number, 

and address. To register electronically, 

follow the instructions provided on the 

Web site. To register by mail or 

facsimile, please indicate the following: 

• Name, address, phone, fax, and email. 

• First and second preferences of 

meeting time. 

• Organization for which you work. 

• Organization you represent (if 

different). 

• Stakeholder category: Government, 

industry, standards-developing 

organization, research or testing agency, 

union, trade association, insurance, fire 

protection equipment manufacturer, 

consultant, or other (if other, please 

specify). 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 15 / Monday, January 25, 2010 / Proposed Rules 3883 

• Industry sector (if applicable): 

Metals, wood products, grain or wet 

corn milling, food (including sugar), 

pharmaceutical or chemical 

manufacturing, paper products, rubber 

or plastics, coal, or other (if other, 

please specify). 

Electronic copies of this Federal 

Register notice, as well as news releases 

and other relevant documents, are 

available on the OSHA Web page at: 

http://www.osha.gov. 

Authority and Signature 

This document was prepared under 

the direction of David Michaels, PhD, 

MPH, Assistant Secretary of Labor for 

Occupational Safety and Health, U.S. 

Department of Labor, pursuant to 

sections 4, 6, and 8 of the Occupational 

Safety and Health Act of 1970 (29 U.S.C. 

653, 655, 657), 29 CFR part 1911, and 

Secretary’s Order 5–2007 (72 FR 31160). 

Signed at Washington, DC, on January 19, 

2010. 

David Michaels, 

Assistant Secretary of Labor for Occupational 

Safety and Health. 

[FR Doc. 2010–1322 Filed 1–22–10; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

33 CFR Part 334 

Restricted Areas and Danger Zone at 

Naval Station Mayport, FL 

AGENCY: United States Army Corps of 

Engineers, Department of Defense. 

ACTION: Notice of proposed rulemaking 

and request for comments. 

SUMMARY: The U.S. Army Corps of 

Engineers (Corps) is proposing to revise 

the existing regulations for a restricted 

area and establish a danger zone in the 

waters adjacent to and within the 

boundaries of Naval Station (NAVSTA) 

Mayport in Florida. The NAVSTA is the 

third largest naval facility in the 

continental United States and is unique 

in that it is home to a busy seaport as 

well as an air facility which conducts 

more than 135,000 flight operations 

each year. This amendment to the 

existing regulation is necessary to 

enhance the safety of the local 

community by ensuring safe navigation 

of the adjacent waterways, to preserve 

military security force protection 

measures, and adhere to military 

munitions regulations. 

DATES: Written comments must be 

submitted on or before February 24, 

2010. 

ADDRESSES: You may submit comments, 

identified by docket number COE– 

2009–0063 by any of the following 

methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

E-mail: 

david.b.olson@usace.army.mil. Include 

the docket number, COE–2009–0063 in 

the subject line of the message. 

Mail: U.S. Army Corps of Engineers, 

Attn: CECW–CO (David B. Olson), 441 

G Street, NW., Washington, DC 20314– 

1000. 

Hand Delivery/Courier: Due to 

security requirements, we cannot 

receive comments by hand delivery or 

courier. 

Instructions: Direct your comments to 

docket number COE–2009–0063. All 

comments received will be included in 

the public docket without change and 

may be made available on-line at 

http://www.regulations.gov, including 

any personal information provided, 

unless the commenter indicates that 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 regulations.gov or email. The regulations.gov Web site is an 

anonymous access system, which means 

we will not know your identity or 

contact information unless you provide 

it in the body of your comment. If you 

send an e-mail directly to the Corps 

without going through 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, we recommend 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 we cannot read your 

comment because of technical 

difficulties and cannot contact you for 

clarification, we may not be able to 

consider your comment. Electronic 

comments should avoid the use of any 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov. All documents in 

the docket are listed. Although listed in 

the index, some information is not 

publicly available, such as 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. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David Olson, Headquarters, Operations 

and Regulatory Community of Practice, 

Washington, DC at 202–761–4922 or Mr. 

Jon M. Griffin, U.S. Army Corps of 

Engineers, Jacksonville District, 

Regulatory Division, at 904–232–1680. 

SUPPLEMENTARY INFORMATION: Pursuant 

to its authorities in Section 7 of the 

Rivers and Harbors Act of 1917 (40 Stat. 

266; 33 U.S.C. 1) and Chapter XIX of the 

Army Appropriations Act of 1919 (40 

Stat 892; 33 U.S.C. 3) the Corps is 

proposing to amend the regulations at 

33 CFR part 334 by expanding the 

existing restricted area as well as 

establishing two new restricted areas 

and a new danger zone in Florida 

within the NAVSTA Mayport facilities 

and along the facility shoreline. The 

amendment to the existing regulation 

will allow the Commanding Officer, 

NAVSTA Mayport to restrict passage of 

persons, watercraft, and vessels in 

waters contiguous to his Command to 

meet Department of Defense directive 

O–2000.12–H Chapter C22.14 and 

United States Fleet Forces Antiterrorism 

Operation Order 3300–09 requirements 

for Waterside Security and Naval Vessel 

Protection Zones. The amendment is 

also intended to address public safety 

concerns associated with increased 

vessel traffic in the waterways adjacent 

to the NAVSTA Mayport facility, 

especially during munitions movement 

in and around the munitions wharves. 

Procedural Requirements 

a. Review Under Executive Order 

12866. The proposed rule is issued with 

respect to a military function of the 

Department of Defense and the 

provisions of Executive Order 12866 do 

not apply. 

b. Review Under the Regulatory 

Flexibility Act. The proposed rule has 

been reviewed under the Regulatory 

Flexibility Act (Pub. L. 96–354) which 

requires the preparation of a regulatory 

flexibility analysis for any regulation 

that will have a significant economic 

impact on a substantial number of small 

entities (i.e., small businesses and small 

governments). Unless information is 

obtained to the contrary during the 

comment period, the Corps expects that 

the proposed rule would have 

practically no economic impact on the 

public, or result in no anticipated 

navigational hazard or interference with 


jlentini on DSKJ8SOYB1PROD with PROPOSALS