BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.  20590

					February 17, 2004

In the matter of:

INTRA-ALASKA CLASS						        DOCKET 14694

SERVICE MAIL RATES						        DOCKET 14695

EQUALIZATION NOTICE OF  WRIGHT AIR SERVICE, INC.

Wright Air Service, Inc, an Alaskan carrier currently authorized to
transport United States Mail, hereby gives notice of its intent to
equalize its mail rates to the lowest authorized rates legally in effect
over all routes on its system, either directly or indirectly.

By Order 2004-2-12, the Department of Transportation established a new
linehaul rate for markets where Part 121 bush service is provided by
aircraft certificated by the manufacturer for 19 seats or more on one
flight a week or more.  The language of the Order sets the rate “for
markets where a carrier scheduling and operating at least one round trip
a week with Part 121 aircraft in passenger service qualifies for the
carriage of mail”.  This language establishes a single lawful rate for
each market, and appears to obviate the need for any sort of
equalization notice.   None-the-less, with an abundance of caution,
Wright Air Service, Inc.  hereby gives notice of its equalization to the
lowest lawful rate in any market where it operates service.

Wright Air Service, Inc. equalizes its rates to the lowest rate, or
combination of rates, applicable in the markets it serves directly or by
connection at an intermediate point.

Equalization under this notice is effective immediately, and is
effective for an indefinite period.  This notice will remain in effect
until terminated by written notice filed at least ten days in advance.

Whereas Wright Air Service, Inc.  gives this notice of equalization of
its mail rates, Wright Air Service, Inc.  requests equitable tender and
full tender of bypass mail pursuant to the provisions of the Rural
Service Improvement Act and the practices and procedures of the
Department of Transportation and the United States Postal Service.

Respectfully submitted,

Bob Bursiel

President

Wright Air Service, Inc.


Docket No. OW 2003 0075 Centralized Waste Treatment Industry Regulatory Record September 5, 2003 SECTION DCN Type Date AUTHOR/ AFFILIATION RECEIVER SUBJECT CBI PAGES 43 43.2.1 Letter 07/ 19/ 02 Anthony Cialella, Castle Environmental Frace, EPA EPA Regulations ( 40 CFR Parts 136 & 437) 2 43 43.2.2 Letter 09/ 10/ 02 Anthony Cialella, Castle Environmental Forsht, EPA Transmittal letter 1 43 43.2.3 attachment Anthony Cialella, Castle Environmental Forsht, EPA Permit Modification, NCSA Pretreatment Program, WE Project No. 98043 ( Feb 11, 2002) 28 43 43.2.4 attachment Anthony Cialella, Castle Environmental Forsht, EPA Castle Environmental's Operating Process 2 43 43.2.5 attachment Anthony Cialella, Castle Environmental Forsht, EPA Castle Environmental's Plant Diagram 1 43 43.2.6 attachment Anthony Cialella, Castle Environmental Forsht, EPA Castle Environmental's capital costs and operation and maintenance expenses CBI 4 43 43.2.7 attachment Anthony Cialella, Castle Environmental Forsht, EPA Analytical Data: Inbound waste receipt analysis ( 02 12 99 to 08 30 02) 94 43 43.2.8 attachment Anthony Cialella, Castle Environmental Forsht, EPA Analytical Data: Treatability Data ( 11 08 01 to 08 20 02) 79 43 43.2.9 email 08/ 27/ 02 Anthony Cialella, Castle Environmental Forsht, EPA Information request for CWT 3 43 43.2.10 email 08/ 28/ 02 Anthony Cialella, Castle Environmental Forsht, EPA Castle Environmental 1 43 43.2.11 email 09/ 19/ 02 Anthony Cialella, Castle Environmental Forsht, EPA Castle Environmental 2 43 43.2.12 email 09/ 20/ 02 Anthony Cialella, Castle Environmental Forsht, EPA Castle Environmental 2 43 43.2.13 email 09/ 24/ 02 Anthony Cialella, Castle Environmental Forsht, EPA Castle Environmental ( ChemProTec) 3 43 43.2.14 email 09/ 24/ 02 Anthony Cialella, Castle Environmental Forsht, EPA Castle Environmental ( GE Betz) 2 43 43.3.15 email 09/ 26/ 02 Anthony Cialella, Castle Environmental Forsht, EPA Castle Environmental Laboratory Report ( US Filter) 4 43 43.2.16 email 09/ 27/ 02 Anthony Cialella, Castle Environmental Forsht, EPA Castle Environmental ( GE Betz) 1 43 43.2.17 email 10/ 28/ 02 Anthony Cialella, Castle Environmental Forsht, EPA Castle Environmental 1 43 43.2.18 email 11/ 05/ 02 Anthony Cialella, Castle Environmental Forsht, EPA Castle Environmental ( US Filter) 1 43 43.2.19 email 12/ 19/ 02 Anthony Cialella, Castle Environmental Forsht, EPA Castle Environmental ( US Filter) 2 43 43.2.20 email 12/ 19/ 02 Elwood Forsht, EPA Anthony Cialella,

Castle Environmental Castle Environmental ( US Filter) 1 43 43.2.21 email 12/ 20/ 02 Anthony Cialella, Castle Environmental Forsht, EPA Castle Environmental ( US Filter) 7 43 43.2.22 email 1/ 6/ 2003 Anthony Cialella, Castle Environmental Forsht, EPA Castle Environmental ( US Filter) 2 43 43.2.23 email 1/ 16/ 2003 Elwood Forsht, EPA Anthony Cialella,

Castle Environmental Loose ends, etc. 3 43 43.2.24 email 1/ 16/ 2003 Anthony Cialella, Castle Environmental Forsht, EPA Castle Environmental 1 43 43.2.25 email 1/ 17/ 2003 Elwood Forsht, EPA Anthony Cialella,

Castle Environmental Loose ends, etc. Additional questions 1 43 43.2.26 email 1/ 17/ 2003 Anthony Cialella, Castle Environmental Forsht, EPA Loose ends, etc. Additional questions 1 43 43.2.27 email 1/ 23/ 2003 Anthony Cialella, Castle Environmental Forsht, EPA Castle Environmental 1 43 43.2.28 email 1/ 23/ 2003 Elwood Forsht, EPA Anthony Cialella,

Castle Environmental Castle Environmental 1 43 43.2.29 email 1/ 24/ 2003 Anthony Cialella, Castle Environmental Forsht, EPA Release of U. S. Filter emails and data 1 43 43.2.30 email 2/ 3/ 2003 Anthony Cialella, Castle Environmental Forsht, EPA Castle Environmental ( ETT) 1 43 43.2.31 email 02/ 19/ 03 Elwood Forsht, EPA Anthony Cialella,

Castle Environmental Castle Environmental ( ETT) 1 43 43.2.32 email 02/ 19/ 03 Anthony Cialella, Castle Environmental Forsht, EPA Castle US Filter Report 1 43 43.2.33 email 02/ 27/ 03 Anthony Cialella, Castle Environmental Forsht, EPA Castle Environmental 1 43 43.2.34 email 02/ 27/ 03 Elwood Forsht, EPA Anthony Cialella,

Castle Environmental Castle Environmental 1 43 43.2.35 email 02/ 27/ 03 Elwood Forsht, EPA Anthony Cialella,

Castle Environmental Already Found it US Filter Excel File 1 43 43.2.36 email 02/ 28/ 03 Anthony Cialella, Castle Environmental Forsht, EPA Already Found it US Filter Excel File 1 43 43.2.37 email 03/ 05/ 03 Anthony Cialella, Castle Environmental Forsht, EPA Castle Environmental ( GE Betz) 2 43 43.2.38 email 03/ 14/ 03 Anthony Cialella, Castle Environmental Forsht, EPA castle environmental ( ChemProTech) 2 43 43.2.39 email 03/ 14/ 03 Elwood Forsht, EPA Anthony Cialella,

Castle Environmental Castle Environmental 1 43 43.2.40 email 03/ 21/ 03 Anthony Cialella, Castle Environmental Forsht, EPA Castle Environmental ( Waste Receipts) 1 43 43.2.41 email 03/ 26/ 03 Elwood Forsht, EPA Anthony Cialella,

Castle Environmental GE Betz Report 1 43 43.2.42 email 03/ 26/ 03 Anthony Cialella, Castle Environmental Forsht, EPA Castle Environmental ( Sample Dates/ letter) 2 43 43.2.43 email 04/ 08/ 03 Anthony Cialella, Castle Environmental Forsht, EPA Castle Environmental ( US Filter) 4 43 43.2.44 email 05/ 06/ 03 Elwood Forsht, EPA Anthony Cialella,

Castle Environmental Castle Environmental 1 43 43.2.45 memo 09/ 18/ 02 Paul Meahl, Anthony Cialella Forsht, EPA Analysis ( ChemProTech) 2 43 43.2.46 letter 09/ 20/ 02 Anthony Cialella, Castle Environmental Forsht, EPA Castle Environmental Information 1 43 43.2.47 attachment 09/ 20/ 02 Anthony Cialella, Castle Environmental Forsht, EPA Castle Environmental's Self Monitoring Reports 140 43 43.2.48 letter 02/ 03/ 03 Anthony Cialella, Castle Environmental Forsht, EPA Castle Environmental, Inc. Barium Study Prochem Tech 1 43 43.2.49 report 01/ 29/ 03 Gail L. Geer, ProChem Tech Anthony Cialella,

Castle Environmental Barium Removal from Brine and Other Mixed Wastewaters Study 17 43 43.2.50 letter 02/ 12/ 03 Anthony Cialella, Castle Environmental Forsht, EPA Castle Environmental, Inc. Barium Study  US Filter 1 43 43.2.51 report 02/ 07/ 03 Frank Sassaman, US Filter Anthony Cialella,

Castle Environmental Treatability Test Report, Removal of Barium from Wastewater 13 43 43.2.52 letter 03/ 13/ 03 Anthony Cialella, Castle Environmental Forsht, EPA Castle Environmental Information 1 43 43.2.53 letter 03/ 17/ 03 Anthony Cialella, Castle Environmental Forsht, EPA Castle Environmental  Additional Information on Barium 2 43 43.2.54 report 03/ 03/ 03 Kurt R. Jackline, GE Betz Anthony Cialella,

Castle Environmental Consulting Service Report 1 43 43.2.55 letter 03/ 07/ 03 Daniel B. Grove, Atlas America Inc. Anthony Cialella,

Castle Environmental Barium in disposed water 1 43 43.2.56 letter 03/ 07/ 03 Jim Fontaine, Universal Well Services Dan Grove, Atlas America, Inc. MSDS sheets 1 43 43.2.57 letter 03/ 03/ 03 Bob DeVaul, Chem Tech Oilfield Chemicals Atlas Energy letter explaining products used 1 43 43.2.58 fax 2/ 12/ 2003 John Paraska, Free col Laboratories Dan Grove, Atlas America, Inc. Certificate of Analysis from Free col Laboratories 2 43 43.2.59 attachment 8/ 28/ 2000 Anthony Cialella, Castle Environmental Forsht, EPA Material Safety Data Sheets ( June 20, 2000) 18 43 43.2.60 memo 7/ 7/ 2003 Elwood Forsht, EPA CWT record Assessment of Castle Environmental Industrial Waste Services' Submissions Requesting Deletion of the Barium Limits from the Oils Subcategory 3


UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on August 8, 2003

NOTICE OF ACTION TAKEN -- DOCKET OST 2001-10026

________________________________________________________________________
__________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Application of    Northwest Airlines, Inc.  filed  7/2/2003 to:

XX  Renew for two years allocation of one weekly, round-trip
U.S.-Philippine Route 2 all-cargo frequency previously granted to
Northwest in the above-captioned docket.

Applicant rep:   Megan Rae Rosia<PHONE_NUMBER>    DOT Analyst:  Gerald
Caolo<PHONE_NUMBER>

D I S P O S I T I O N

XX  Granted, subject to conditions (see below)

The action above was effective when taken:  August 8, 2003,  and will
remain in effect through  August 8, 2005, provided that Northwest
continues to hold the necessary underlying economic authority to operate
U.S.-Philippine all-cargo service.

Action taken by:   Paul L. Gretch, Director

		    Office of International Aviation

XX  Authority granted is consistent with the aviation agreement between
the United States and the Philippines.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:

XX  Holder’s certificates of public convenience and necessity

________________________________

Conditions:  Consistent with our standard practice, the frequency
allocation granted is subject to the condition that if the frequency is
not used for a period of 90 days, the allocation will expire
automatically and the frequency will revert to the Department for
reallocation.

________________________________________________________________________
____________________Under authority assigned by the Department in its
regulations, 14 CFR Part 385, we found that (1) our action was
consistent with Department policy; (2) grant of the application was
consistent with the public interest; and (3) grant of the authority
would not constitute a major regulatory action under the Energy Policy
and Conservation Act of 1975.  To the extent not granted, we denied all
requests in the referenced Docket.  We may amend, modify, or revoke the
authority granted in this Notice at any time without hearing at our
discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp"
http://dms.dot.gov//reports/reports_aviation.asp

 Northwest states that it is currently using the frequency to operate a
weekly all-cargo flight in the U.S.-Manila market via Tokyo.  Northwest
is seeking the allocation for a period of two years.  In addition to the
one frequency at issue here, Northwest also holds two other weekly
frequencies for its U.S.-Philippine all-cargo service.  (See Notices of
Action Taken dated September 21, 1998, and January 15, 2003, in Dockets
OST-98-4267 and OST-2001-8922, respectively.)

 PAGE

 PAGE   2


[Federal Register Volume 79, Number 106 (Tuesday, June 3, 2014)]
[Rules and Regulations]
[Pages 31868-31870]
[FR Doc No: 2014-12822]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0080]
RIN 1625-AA00

Safety zone; Cincinnati Reds Fireworks Displays Ohio River, Mile
470.1-470.4; Cincinnati, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
all waters of the Ohio River, surface to bottom, extending from Ohio
River mile 470.1 to mile 470.4, extending 500 ft. from the state of
Ohio shoreline at Cincinnati, Ohio. This temporary safety zone is
necessary to protect persons and property from potential damage and
safety hazards during the Cincinnati Reds Season Fireworks displays.
During the period of enforcement, no vessels may be located within this
Coast Guard safety zone. Entry into this Coast Guard safety zone is
prohibited unless specifically authorized by the Captain of the Port
Ohio Valley or other designated representative.

DATES: This rule is effective without actual notice from June 3, 2014
until November 15, 2014. For the purposes of enforcement, actual notice
will be used from the date the rule was signed, March 24, 2014, until
November 15, 2014.
    The scheduled enforcement times and dates for this rule are: From
9:00 p.m. until 11:30 p.m. on April 2 & 11; May 2, 9 & 23; June 6 & 20;
July 4, 11 & 25; August 8 & 22; and September 5 & 26, 2014. Should the
Cincinnati Reds make the playoffs and have additional home games, the
Coast Guard will provide advance notification of enforcement periods
via Broadcast Notices to Mariners, Local Notices to Mariners, and/or
Marine Safety Information Bulletins as appropriate.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2014-0080. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Denise Davidson, Marine Safety Detachment
Cincinnati, U.S. Coast Guard; telephone<PHONE_NUMBER> x2113, email
<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Cheryl F. Collins, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
USACE United States Army Corps of Engineers

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule. The Coast Guard was made aware of the
schedule for the Cincinnati Reds Season Fireworks displays, based on
the Reds' home game schedule, on January 28, 2014. There are potential
hazards associated with fireworks displays over or on the Ohio River
and a safety zone is required to protect persons and property on or
near the waterway during the displays. Completing the NPRM process and
providing notice and a comment period is impracticable because it would
unnecessarily delay this rule and the immediate safety measures it
provides. Additionally, the Reds' schedule and these fireworks displays
are advertised to the local community by and through the Cincinnati
Reds organization. Delaying the safety zone effective date to complete
the NPRM process would interfere with the advertised and planned for
displays and would unnecessarily interfere with contractual obligations
related to these events.
    For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard
finds that good cause exists for making this rule effective less than
30 days after publication in the Federal Register. Providing a full 30
days notice would be impracticable and would unnecessarily delay the
effective date of this rule. Delaying the effective date would also be
contrary to public interest since immediate action is necessary to
protect persons and property from potential hazards associated with
fireworks displays over or on the Ohio River.

B. Basis and Purpose

    Multiple fireworks displays are planned to conclude the Cincinnati
Reds home games scheduled on April 2 & 11; May 2, 9 & 23; June 6 & 20;
July 4, 11 & 25; August 8 & 22; and September 5 & 26, 2014. These
displays will feature fireworks being launched

from the Great American Ballpark Stadium, located near the shoreline
between miles 470.1 and 470.4 on the Ohio River at Cincinnati, OH. The
Coast Guard determined that a safety zone is necessary to keep persons
and property clear of any potential hazards associated with the
launching of fireworks on or over the waterway.
    The legal basis and authorities for this rule are found in 33
U.S.C. 1231, 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Public Law 107-295, 116 Stat.
2064; and Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to establish and define
regulatory safety zones.
    The purpose of the rule is to establish the necessary temporary
safety zone to provide protection for persons and property, including
spectators, commercial and recreational vessels, and others that may be
in the area during the noticed fireworks display times from the hazards
associated with the fireworks display on and over the waterway.

C. Discussion of the Final Rule

    The COTP Ohio Valley is establishing a temporary safety zone from
9:00 p.m. to 11:30 p.m. on April 2 & 11; May 2, 9 & 23; June 6 & 20;
July 4, 11 & 25; August 8 & 22; September 5 & 26, 2014 for the
Cincinnati Reds Season Fireworks. The fireworks will be launched from
the Great American Ballpark Stadium and the safety zone will include
all waters between Ohio River miles 470.1 and 470.4, extending 500 ft.
from the state of Ohio shoreline at Cincinnati, Ohio. The Coast Guard
will enforce the temporary safety zone and may be assisted by other
federal, state and local agencies and the Coast Guard Auxiliary. During
the periods of enforcement, no vessels may transit into, through, or
remain within this Coast Guard safety zone. Deviation from this safety
zone may be requested by contacting the COTP Ohio Valley or other
designated representative. Deviations will be considered on a case-by-
case basis. Should the Cincinnati Reds make the playoffs and have
additional home games, the Coast Guard will provide advance
notification of enforcement periods via Broadcast Notices to Mariners,
Local Notices to Mariners, and/or Marine Safety Information Bulletins
as appropriate.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. This temporary final
rule establishes a safety zone that will be enforced for limited time
periods following certain Cincinnati Reds home games. During
enforcement periods, vessels are prohibited from entering into or
remaining within the safety zone unless specifically authorized by the
COTP Ohio Valley or other designated representative. Based on the
location, limited safety zone size, and short duration of each
enforcement period, this rule does not pose a significant regulatory
impact. Additionally, notice of this safety zone or any changes in the
planned schedule will be made via Broadcast Notices to Mariners, Local
Notices to Mariners, and/or Marine Safety Information Bulletins as
appropriate. Deviation from this rule may be requested from the COTP
Ohio Valley and will be considered on a case-by-case basis.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The Coast Guard
certifies under 5 U.S.C. 605(b) that this rule will not have a
significant economic impact on a substantial number of small entities.
    This rule would affect the following entities, some of which might
be small entities: the owners or operators of vessels intending to
transit or anchor between Ohio River miles 470.1 to 470.4, within 500
ft. of the Ohio shoreline from 9:00 p.m. to 11:30 p.m. on April 2 & 11;
May 2, 9 & 23; June 6 & 20; July 4, 11 & 25; August 8 & 22; September 5
& 26, 2014.
    This safety zone would not have a significant economic impact on a
substantial number of small entities because it is limited in size and
will be enforced for a limited time period following certain scheduled
Cincinnati Reds home games. The Coast Guard will provide notice of
enforcement and changes in the planned schedule through Broadcast
Notices to Mariners, Local Notices to Mariners, and/or Marine Safety
Information Bulletins as appropriate.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

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

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves establishment of a temporary safety
zone to protect persons and property from potential hazards associated
with the scheduled Cincinnati Reds Season Fireworks displays taking
place on or over the Ohio River. This rule is categorically excluded
from further review under paragraph 34(g) of Figure 2-1 of the
Commandant Instruction. An environmental analysis checklist supporting
this determination and a Categorical Exclusion Determination are
available in the docket where indicated under ADDRESSES. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this rule.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6 and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.

0
2. A new temporary safety zone Sec.  165.T08-0080 is added to read as
follows:

Sec.  165.T08-0080  Safety Zone; Cincinnati Reds Fireworks Displays
Ohio River, Mile 470.1-470.4, Cincinnati, OH.

    (a) Location. The following area is a temporary safety zone: all
waters of the Ohio River, surface to bottom, from mile 470.1 to mile
470.4 on the Ohio River, extending 500 ft. from the State of Ohio
shoreline at Cincinnati, Ohio. These markings are based on the United
States Army Corps of Engineers' Ohio River Navigation Charts (Chart 115
June 2010).
    (b) Effective dates and enforcement periods. This safety zone is
effective from April 2, 2014 through November 15, 2014, and will be
enforced from 9:00 p.m. to 11:30 p.m. on the following dates: April 2 &
11; May 2, 9 & 23; June 6 & 20; July 4, 11 & 25; August 8 & 22;
September 5 & 26. Should the Cincinnati Reds make the playoffs and have
additional home games, the Coast Guard will provide the game dates and
enforcement periods as soon as practicable with advance notification
via Broadcast Notices to Mariners, Local Notices to Mariners, and/or
Marine Safety Information Bulletins as appropriate.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into, movement within, or departure
from this zone is prohibited unless authorized by the Captain of the
Port Ohio Valley or a designated representative.
    (2) Persons or vessels requiring entry into, departure from, or
movement within a regulated area must request permission from the
Captain of the Port Ohio Valley or a designated representative. They
may be contacted on VHF-FM Channel 13 or 16, or through Coast Guard
Sector Ohio Valley at 1-800-253-7465.
    (3) All persons and vessels shall comply with the instructions of
the Captain of the Port Ohio Valley and designated on-scene U.S. Coast
Guard patrol personnel. On-scene U.S. Coast Guard patrol personnel
includes Commissioned, Warrant, and Petty Officers of the U.S. Coast
Guard.
    (d) Informational broadcasts. The COTP Ohio Valley or a designated
representative will inform the public through Broadcast Notices to
Mariners, Local Notices to Mariners, and/or Marine Safety Information
Bulletins as appropriate of the enforcement period for each safety zone
as well as any changes in the planned and published dates and times of
enforcement.

    Dated: March 24, 2014.
R.V. Timme,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2014-12822 Filed 6-2-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 11 (Wednesday, January 16, 2013)]
[Rules and Regulations]
[Pages 3326-3328]
[FR Doc No: 2013-00845]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-1092]
RIN 1625-AA00

Safety Zone Within the Lower Portion of Anchorage 9,
Mantua Creek Anchorage; Paulsboro, NJ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard will be establishing a temporary safety zone
around the southern one-third of Anchorage 9 (Mantua Creek
Anchorage) due to dredging operations. The Dredge Florida will be
working along with several support barges and tugs to install
approximately 8,000 feet of submerged pipeline and approximately 3,000
feet of floating pipeline crossing through this portion of the
anchorage. This regulation is necessary to provide for the safety of
life on the navigable waters of the Mantua Creek Anchorage. This
closure is intended to restrict vessel anchoring to protect mariners
from the hazards associated with an ongoing dredging operation.

DATES: This rule is effective with actual notice from December 20, 2012
until January 16, 2013. This rule is effective in the Federal Register
from January 16, 2013 until January 31, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-1092]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email If you have questions on this temporary rule, call or
email Lieutenant Veronica Smith, U.S. Coast Guard, Sector Delaware Bay,
Acting Chief of Waterways Management Division, Coast Guard; telephone
215-271-4851, email<EMAIL_ADDRESS>If you have questions on
viewing or submitting material to the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this final rule without prior notice and
opportunity to comment pursuant to authority under section 4(a) of the
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because final details for this dredging
operation were not provided until it was too late to solicit public
comment. As such, it is impracticable to provide a fill comment period
due to lack of time. The dredging will begin on December 20th, 2012 and
will continue until January 31, 2013 unless completed earlier.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register for the reasons cited above.
Delaying this regulation's effective date would be impracticable
because immediate action is needed to provide for the safety of life
and property from the hazards associated with the dredging operation.

B. Basis and Purpose

    The Great Lakes Dredging Company has been working with the Army
Corps of Engineers on the Delaware River channel widening project. A
portion of this project requires the use of submerged and floating
pipelines crossing the lower portion of the Mantua Creek Anchorage. Due
to the presence of the submerged pipeline, it is dangerous for vessels
to anchor in the southern one-third of the anchorage. A safety zone is
necessary because there will be an ongoing dredging operation to deepen
the Delaware River channel in the Mifflin and Billingsport Ranges from
December 20, 2012 until January 31, 2013. The Captain of the Port
believes a safety zone is needed to ensure the safety of life and
property of all mariners and vessels transiting the local area.

C. Discussion of the Final Rule

    The Coast Guard Captain of the Port Delaware Bay is temporarily
establishing a safety zone closing the southern one-third of the Mantua
Creek Anchorage from on December 20, 2012 until January 31, 2013. This
rule will be enforced until all dredging operations are competed,
unless enforcement of the zones is cancelled earlier by the Captain of
the Port. The Captain of the Port will reopen this portion of the
anchorage once all submerged pipeline has been recovered and dredging
operations are completed. At such time, notice that the temporary
closure of the anchorage is no longer in effect will be broadcast to
mariners.
    The boundary line for the temporary safety zone includes the
southern one-third portion of Mantua Creek Anchorage, beginning at
position 39[deg] 51.573 N-075[deg] 13.557 W and extending to the
southern boundary according to NOAA chart 12312. Vessels will not be
permitted to anchor in this portion of Mantua Creek Anchorage unless
they receive authorization from the Captain of the Port Delaware Bay or
her representative. Such requests must be made 24 hours prior to the
intended use of the Mantua Creek Anchorage. Vessels may contact the
Captain of the Port Delaware Bay or her representative in order to
obtain authorization by contacting Coast Guard Sector Delaware Bay at:
(215) 271-4940. After evaluating the current conditions and status of
dredging operation, the Captain of the Port Delaware Bay or her
representative will notify the requesting vessel whether they are
authorized to anchor in the safety zone within Mantua Creek Anchorage,
and will provide any other directions for their request.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based numerous statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving

Regulation and Regulatory Review, and does not require an assessment of
potential costs and benefits under section 6(a)(3) of Executive Order
12866 or under section 1 of Executive Order 13563. The Office of
Management and Budget has not reviewed it under those Orders. Although
this regulation will restrict access to the regulated area, the effect
of this rule will not be significant because: (i) The Coast Guard will
make extensive notification of the closure to the maritime public via
maritime advisories so mariners can alter their plans accordingly; (ii)
vessels may still be permitted to anchor in the safety zone with the
permission of the Captain of the Port on a case-by-case basis; and
(iii) this rule will be enforced for only the duration of dredging
operations.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The Coast Guard
certifies under 5 U.S.C. 605(b) that this rule will not have a
significant economic impact on a substantial number of small entities.
This rule will affect the following entities, some of which may be
small entities: The owners or operators of the vessels intending to
anchor in the safety zone within Mantua Creek Anchorage from December
20, 2012 until January 31, 2012 or until all dredging operations are
completed, unless cancelled earlier by the Captain of the Port.
    This closure will not have a significant economic impact on a
substantial number of small entities for the following reason: Vessels
will be allowed utilize the upper two-thirds of the Mantua Creek
Anchorage, and nearby anchorages with permission of the Coast Guard
Captain of the Port Delaware Bay or her representative. Sector Delaware
Bay will issue maritime advisories widely accessible to users of the
Anchorage informing them of the safety zone.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

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

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves implementation of regulations within 33
CFR Part 165, applicable to safety zones on the navigable waterways.
This zone will temporarily restrict vessels from utilizing the southern
one-third of Mantua Creek Anchorage in order to protect the safety of
life and property on the waters while dredging operations are
conducted. This rule is categorically excluded from further review
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An

environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T05-1092, to read as follows:

Sec.  165.T05-1092  Safety Zone Within the Lower Portion of Anchorage
9, Mantua Creek Anchorage; Paulsboro, NJ.

    Location: The southern one-third of the Anchorage 9
(Mantua Creek Anchorage), below position 39[deg] 51.573 N--075[deg]
13.557 W.
    (a) Enforcement period: This rule will be enforced from December
20, 2012 until January 31, 2013, unless cancelled earlier by the
Captain of the Port.
    (b) Regulations: All persons are required to comply with the
general regulations governing safety zones in 33 CFR 165.23 of this
part.
    (1) All persons and vessels utilizing the southern one-third
portion of the anchorage must be authorized by the Captain of the Port
or her representative.
    (2) All persons or vessels wishing to anchor within the safety zone
must request authorization to do so from the Captain of the Port or her
representative 24 hours prior to the intended time of transit.
    (3) Vessels granted permission to anchor must do so in accordance
with the directions provided by the Captain of the Port or her
representative to the vessel.
    (4) To seek permission to anchor in the safety zone, the Captain of
the Port or her representative can be contacted via Sector Delaware Bay
Command Center<PHONE_NUMBER>.
    (5) This section applies to all vessels wishing to anchor in the
safety zone within Mantua Creek Anchorage except vessels that are
engaged in the following operations:
    (i) Enforcing laws;
    (ii) Servicing aids to navigation, and
    (iii) Emergency response vessels.
    (6) No person may enter a safety zone unless authorized by the COTP
or the District Commander;
    (7) No person may bring or cause to be brought into a safety zone
any vehicle, vessel, or object unless authorized by the COTP or the
District Commander;
    (8) No person may remain in a safety zone or allow any vehicle,
vessel, or object to remain in a safety zone unless authorized by the
COTP or the District Commander; and
    (9) Each person in a safety zone who has notice of a lawful order
or direction shall obey the order or direction of the COTP or District
Commander issued to carry out the purposes of this subpart.
    (c) Definitions.
    (1) The Captain of the Port means the Commanding Officer of Sector
Delaware Bay or any Coast Guard commissioned, warrant, or petty officer
who has been authorized by the Captain of the Port to act on her
behalf.
    (2) [Reserved]
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the Safety Zone by Federal, State, and local
agencies.

    Dated: December 20, 2012.
T.C. Wiemers,
Captain, U.S. Coast Guard, Alternate Captain of the Port Delaware Bay.
[FR Doc. 2013-00845 Filed 1-15-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 82, Number 182 (Thursday, September 21, 2017)]
[Rules and Regulations]
[Pages 44103-44105]
[FR Doc No: 2017-20073]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2017-0512; FRL-9967-97-Region 7]

Approval of Kansas Air Quality State Implementation Plans;
Construction Permits and Approvals Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: Environmental Protection Agency (EPA) is taking direct final
action to approve revisions to the Kansas State Implementation Plan
(SIP) and the 112(l) program. The submission revises Kansas'
construction permit rules. Specifically, these revisions implement the
revised National Ambient Air Quality Standard (NAAQS) for fine
particulate matter; clarify and refine applicable criteria for sources
subject to the construction permitting program; update the construction
permitting program fee structure and schedule; and make minor revisions
and corrections. Approval of these revisions will not impact air
quality, ensures consistency between the State and Federally-approved
rules, and ensures Federal enforceability of the State's rules.

DATES: This direct final rule will be effective November 20, 2017,
without further notice, unless EPA receives adverse comment by October
23, 2017. If EPA receives adverse comment, we will publish a timely
withdrawal of the direct final rule in the Federal Register informing
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2017-0512, to https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. 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. 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: Deborah Bredehoft, Environmental
Protection Agency, Air Planning and Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at<PHONE_NUMBER>, or by email at
<EMAIL_ADDRESS>
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. What part 52 revision is EPA approving?
III. What 112(l) revision is EPA approving?

IV. Have the requirements for approval of a SIP revision been met?
V. What action is EPA taking?
VI. Incorporation by reference
VII. Statutory and Executive Order reviews

I. What is being addressed in this document?

    EPA is taking direct final action to approve revisions to the
Kansas SIP and 112(l) program submission received on December 5, 2016.
The SIP submission requests revisions to K.A.R. 28-19-300 that include:
Implementing revisions to include fine particulate matter
(PM2.5) to implement the prevention of significant
deterioration permitting component of section 110(a)(2)(C) for the 1997
and 2006 PM2.5 NAAQS, pursuant to EPA's NSR PM2.5
Implementation Rule (2008 NSR Rule), (73 FR 28321, May 16, 2008);
clarifying and refining applicability criteria for sources subject to
construction permitting program by proposing the following: (1)
Eliminating the requirements for all Title IV Acid Rain sources to
obtain construction permits that would not have otherwise been
required; (2) clarifing the construction review requirements for
sources emitting hazardous air pollutants, or sources subject to
standards promulgated by the USEPA; (3) eliminating the requirement for
sources to obtain an approval solely due to being subject to standards
promulgated by the EPA without regard to emissions for insignificant
activities; and making minor revisions and corrections. The SIP
submission also requests revisions to K.A.R. 28-19-304 that include:
(1) Updating the construction permitting program fee structure from an
estimated capital cost mechanism to one based on complexity of source
and permit type and (2) updating the fee schedule to bring in
sufficient revenue to adequately administer the Kansas Air Quality Act.
The SIP submission also makes minor revisions and corrections.

II. What part 52 revision is EPA approving?

    EPA is approving requested revisions to the Kansas SIP relating to
the following:
     Construction Permits and Approvals. Kansas Administrative
Regulations 28-19-300. Applicability; and
     Construction Permits and Approvals. Kansas Administrative
Regulations 28-19-304. Fees.
    EPA has conducted analysis on the state's revisions and has found
that the revisions would not impact air quality, ensures consistency
between the state and Federally-approved rules, and ensures Federal
enforceability of the State's rules. Additional information on the
EPA's analysis can be found in the Technical Support Document (TSD)
included in this docket.

III. What 112(l) revision is EPA approving?

    EPA is also taking direct final action to approve a portion of
K.A.R. 28-19-300 under the 112(l) program pursuant to 40 CFR part 63,
subpart E, as requested by the State of Kansas on April 19, 2017. The
State of Kansas is requesting that the applicable portions of K.A.R.
28-19-300 pertaining to limiting the potential-to-emit hazardous air
pollutants (HAPs) be approved under CAA 112(l) and 40 CFR part 63,
subpart E, in addition to being approved under the SIP.\1\
Specifically, K.A.R. 28-19-300(a)(2) and (3) as well as K.A.R. 28-19-
300(b)(4) through (6) are also approved under CAA section 112(l)
because they require permits or approvals for hazardous air pollutants
that may limit the potential-to-emit hazardous air pollutants by
establishing permit conditions that are Federally-enforceable.
---------------------------------------------------------------------------

    \1\ State Implementation Plan provisions approved under section
110 of the Clean Air Act are for criteria pollutants. Sections
related to hazardous air pollutants are approved under section 112
of the Clean Air Act.
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IV. 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 submission also
satisfied the completeness criteria of 40 CFR part 51, appendix V. In
addition, as explained above and in more detail in the technical
support document which is part of this docket, the revision meets the
substantive SIP requirements of the CAA, including section 110 and and
implementing regulations.

V. What action is EPA taking?

    EPA is taking direct final action to amend the Kansas SIP and
112(l) program by approving the State's request to amend K.A.R. 28-19-
300 Construction Permits and Approvals--Applicability and to amend the
Kansas SIP by approving K.A.R. 28-19-304 Construction Permits and
Approvals--Fees. Approval of these revisions will ensure consistency
between state and Federally-approved rules. The EPA has determined that
these changes will not adversely impact air quality.
    We are publishing this direct final rule without a prior proposed
rule because we view this as a noncontroversial action and anticipate
no adverse comment. However, in the ``Proposed Rules'' section of this
Federal Register, we are publishing a separate document that will serve
as the proposed rule to approve the SIP and 112(l) program revision, if
adverse comments are received on this direct final rule. We will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time. For further
information about commenting on this rule, see the ADDRESSES section of
this document. If EPA receives adverse comment, we will publish a
timely withdrawal in the Federal Register informing the public that
this direct final rule will not take effect. We will address all public
comments in any subsequent final rule based on the proposed rule.

VI. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Kansas
Regulations described in the direct final amendments to 40 CFR part 52
set forth below. EPA has made, and will continue to make, these
materials generally available through www.regulations.gov and/or at the
EPA Region 7 Office (please contact the person identified in the For
Further Information Contact section of this preamble for more
information).
    Therefore, these materials have been approved by EPA for inclusion
in the State implementation plan, have been incorporated by reference
by EPA into that plan, are fully Federally enforceable under sections
110 and 113 of the CAA as of the effective date of the final rulemaking
of EPA's approval, and will be incorporated by reference by the
Director of the Federal Register in the next update to the SIP
compilation.\2\
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    \2\ 62 FR 27968 (May 22, 1997).
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VII. 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);
     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).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 20, 2017. Filing a petition for
reconsideration by the Administrator of this direct final rule does not
affect the finality of this action for the purposes of judicial review
nor does it extend the time within which a petition for judicial review
may be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2)).

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: September 8, 2017.
Cathy Stepp,
Acting Regional Administrator, Region 7.
    For the reasons stated in the preamble, EPA amends 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 R--Kansas

0
2. In Sec.  52.870, the table in paragraph (c) is amended by revising
the entries ``K.A.R. 28-19-300'' and ``K.A.R. 28-19-304'' to read as
follows:

Sec.  52.870  Identification of plan.

* * * * *
    (c) * * *

                                         EPA-Approved Kansas Regulations
----------------------------------------------------------------------------------------------------------------
                                                  State effective    EPA approval
       Kansas citation               Title             date              date                Explanation
----------------------------------------------------------------------------------------------------------------
                                   Kansas Department of Health and Environment
                             Ambient Air Quality Standards and Air Pollution Control
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                       Construction Permits and Approvals
----------------------------------------------------------------------------------------------------------------
K.A.R. 28-19-300.............  Applicability...  11/18/16........  9/21/17, [insert  ...........................
                                                                    Federal
                                                                    Register
                                                                    citation].

                                                  * * * * * * *
K.A.R. 28-19-304.............  Fees............  11/18/16........  9/21/17, [insert  ...........................
                                                                    Federal
                                                                    Register
                                                                    citation].

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

* * * * *
[FR Doc. 2017-20073 Filed 9-20-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 136 (Tuesday, July 16, 2019)]
[Notices]
[Pages 33931-33932]
[FR Doc No: 2019-15067]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER18-734-001.
    Applicants: Frenchtown III Solar, LLC.
    Description: Report Filing: Frenchtown III Refund Report to be
effective N/A.
    Filed Date: 7/10/19.
    Accession Number: 20190710-5050.
    Comments Due: 5 p.m. ET 7/31/19.

    Docket Numbers: ER18-1226-001.
    Applicants: PA Solar Park, LLC.
    Description: Report Filing: PA Solar Park Refund Report to be
effective N/A.
    Filed Date: 7/10/19.
    Accession Number: 20190710-5049.
    Comments Due: 5 p.m. ET 7/31/19.

    Docket Numbers: ER18-2063-001.
    Applicants: Flemington Solar, LLC.
    Description: Report Filing: Flemington Solar Refund Report to be
effective N/A.
    Filed Date: 7/10/19.
    Accession Number: 20190710-5052.
    Comments Due: 5 p.m. ET 7/31/19.

    Docket Numbers: ER19-1916-001.
    Applicants: Louisville Gas and Electric Company.
    Description: Compliance filing: Order No. 845 Additional
Information Compliance Filing to be effective 5/22/2019.
    Filed Date: 7/10/19.
    Accession Number: 20190710-5087.
    Comments Due: 5 p.m. ET 7/31/19.

    Docket Numbers: ER19-2165-001.
    Applicants: Western Interconnect LLC.
    Description: Compliance filing: Amendment to Order 845 Compliance
Filing to be effective 5/22/2019.
    Filed Date: 7/10/19.
    Accession Number: 20190710-5063.
    Comments Due: 5 p.m. ET 7/31/19.

    Docket Numbers: ER19-2231-001.
    Applicants: Chief Conemaugh Power II, LLC.
    Description: Tariff Amendment: Supplement to Petition for Market-
Based Rate Authorization to be effective 8/21/2019.
    Filed Date: 7/10/19.
    Accession Number: 20190710-5089.
    Comments Due: 5 p.m. ET 7/31/19.

    Docket Numbers: ER19-2232-001.
    Applicants: Chief Keystone Power II, LLC.
    Description: Tariff Amendment: Supplement to Petition for Market-
Based Rate Authorization to be effective 8/21/2019.
    Filed Date: 7/10/19.
    Accession Number: 20190710-5092.
    Comments Due: 5 p.m. ET 7/31/19.

    Docket Numbers: ER19-2369-000.
    Applicants: Indigo Generation LLC.
    Description: Sec.  205(d) Rate Filing: Revised Market Based Rate
Tariff to be effective 7/11/2019.
    Filed Date: 7/10/19.
    Accession Number: 20190710-5028.
    Comments Due: 5 p.m. ET 7/31/19.

    Docket Numbers: ER19-2370-000.
    Applicants: Larkspur Energy LLC.
    Description: Sec.  205(d) Rate Filing: Revised Market Based Rate
Tariff to be effective 7/11/2019.
    Filed Date: 7/10/19.
    Accession Number: 20190710-5029.
    Comments Due: 5 p.m. ET 7/31/19.

    Docket Numbers: ER19-2371-000.
    Applicants: Mariposa Energy, LLC.
    Description: Sec.  205(d) Rate Filing: Revised Market Based Rate
Tariff to be effective 7/11/2019.
    Filed Date: 7/10/19.

    Accession Number: 20190710-5034.
    Comments Due: 5 p.m. ET 7/31/19.

    Docket Numbers: ER19-2373-000.
    Applicants: Ashtabula Wind I, LLC.
    Description: Baseline eTariff Filing: Ashtabula Wind I, LLC
Application for Market-Based Rate Authority to be effective 9/9/2019.
    Filed Date: 7/10/19.
    Accession Number: 20190710-5041.
    Comments Due: 5 p.m. ET 7/31/19.

    Docket Numbers: ER19-2374-000.
    Applicants: Duke Energy Carolinas, LLC.
    Description: Sec.  205(d) Rate Filing: DEC-DEP Affected System
Operating Agreement (SA No. 514) (Asheville CC) to be effective 6/19/
2019.
    Filed Date: 7/10/19.
    Accession Number: 20190710-5091.
    Comments Due: 5 p.m. ET 7/31/19.

    Docket Numbers: ER19-2375-000.
    Applicants: City Point Energy Center, LLC.
    Description: Tariff Cancellation: Notice of Canellation of Market
Based Rate Tariff to be effective 7/11/2019.
    Filed Date: 7/10/19.
    Accession Number: 20190710-5109.
    Comments Due: 5 p.m. ET 7/31/19.

    Take notice that the Commission received the following qualifying
facility filings:

    Docket Numbers: QF95-328-009.
    Applicants: EcoElectrica, L.P.
    Description: Application for Commission Recertification of
Qualifying Facility Status of EcoElectrica, L.P.
    Filed Date: 7/9/19.
    Accession Number: 20190709-5133.
    Comments Due: 7/30/19.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    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 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.
    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 10, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-15067 Filed 7-15-19; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 169 (Thursday, August 30, 2018)]
[Notices]
[Pages 44285-44286]
[FR Doc No: 2018-18793]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4379-DR; Docket ID FEMA-2018-0001]

Massachusetts; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the Commonwealth of Massachusetts (FEMA-4379-DR), dated
July 19, 2018, and related determinations.

DATES: The declaration was issued July 19, 2018.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency

Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646-
2833.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated July 19, 2018, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the damage in certain areas of the
Commonwealth of Massachusetts resulting from a severe winter storm
and snowstorm during the period of March 13-14, 2018, is of
sufficient severity and magnitude to warrant a major disaster
declaration under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''). Therefore, I declare that such a major disaster exists in
the Commonwealth of Massachusetts.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated areas and Hazard Mitigation throughout the Commonwealth.
You are further authorized to provide snow assistance under the
Public Assistance program for a limited period of time during or
proximate to the incident period. Consistent with the requirement
that Federal assistance be supplemental, any Federal funds provided
under the Stafford Act for Hazard Mitigation will be limited to 75
percent of the total eligible costs. Federal funds provided under
the Stafford Act for Public Assistance also will be limited to 75
percent of the total eligible costs, with the exception of projects
that meet the eligibility criteria for a higher Federal cost-sharing
percentage under the Public Assistance Alternative Procedures Pilot
Program for Debris Removal implemented pursuant to section 428 of
the Stafford Act.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, James N. Russo, of FEMA is appointed
to act as the Federal Coordinating Officer for this major disaster.
    The following areas of the Commonwealth of Massachusetts have been
designated as adversely affected by this major disaster:

    Essex, Middlesex, Norfolk, Suffolk, and Worcester Counties for
Public Assistance.
    Essex, Middlesex, Norfolk, Suffolk, and Worcester Counties for
snow assistance under the Public Assistance program for any
continuous 48-hour period during or proximate the incident period.
    All areas within the Commonwealth of Massachusetts are eligible
for assistance under the Hazard Mitigation Grant Program.
    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Brock Long,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2018-18793 Filed 8-29-18; 8:45 am]
BILLING CODE 9111-11-P