[Federal Register Volume 81, Number 114 (Tuesday, June 14, 2016)]
[Proposed Rules]
[Pages 38638-38640]
[FR Doc No: 2016-13996]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0224]
RIN 1625-AA00

Safety Zone; Fourth of July Fireworks Patriots Point, Charleston,
SC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone
in the navigable waters of Charleston, SC. This safety zone is
necessary to protect the public from hazards associated with launching
fireworks over navigable waters of the United States. This proposed
rulemaking would prohibit persons and vessels from being in the safety
zone unless authorized by the Captain of the Port Charleston or a
designated representative. We invite your comments on this proposed
rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before June 29, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0224 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant John Downing, Sector
Charleston Office of Waterways Management, Coast Guard; telephone (843)
740-3184, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background, Purpose, and Legal Basis

    On March 10, 2016, The Patriots Point Maritime Museum notified the
Coast Guard that it will be conducting a fireworks display from 9 p.m.
to 9:30 p.m. on July 4, 2016. The fireworks are to be launched from a
barge along the bank of the Cooper River at Patriots Point in
Charleston, SC. Hazards from firework displays include accidental
discharge of fireworks, dangerous projectiles, and falling hot embers
or other debris. The Captain of the Port Charleston (COTP) has
determined that potential hazards associated with the fireworks to be
used in this display would be a safety concern for anyone within a 500-
yard radius of the barge.
    The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within a 500-yard radius of the fireworks
barge before, during, and after the scheduled event. The Coast Guard
proposes this rulemaking under authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to establish a safety zone from 8:45 p.m. to 9:45
p.m. on July 4, 2016. The safety zone would cover all navigable waters
within 500 yards of the barge located at Patriots Point on the Cooper
River. The duration of the zone is intended to ensure the safety of
vessels and these navigable waters before, during, and after the
scheduled 9 p.m. to 9:30 p.m. fireworks display. No vessel or person
would be permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative. The regulatory
text we are proposing appears at the end of this document.

IV. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the

importance of quantifying both costs and benefits, of reducing costs,
of harmonizing rules, and of promoting flexibility. This NPRM has not
been designated a ``significant regulatory action,'' under Executive
Order 12866. Accordingly, the NPRM has not been reviewed by the Office
of Management and Budget.
    This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. Vessel traffic
would be able to safely transit around this safety zone which would
impact a small designated area of the Atlantic Ocean for less than 1
hour during the evening when vessel traffic is normally low. Moreover,
the Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM
marine channel 16 about the zone, and the rule would allow vessels to
seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above this proposed rule would not have a significant economic
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the 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
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this proposed 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 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves a safety
zone lasting less than 1 hour that would prohibit entry within 500
yards of the fireworks barge. Normally such actions are categorically
excluded from further review under paragraph 34(g) of Figure 2-1 of
Commandant Instruction M16475.lD. A preliminary environmental analysis
checklist and 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 proposed rule.

G. 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at http://www.regulations.gov

and can be viewed by following that Web site's instructions.
Additionally, if you go to the online docket and sign up for email
alerts, you will be notified when comments are posted or a final rule
is published.

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 proposes
to amend 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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and Department of Homeland Security Delegation No. 0170.1.

0
2. Add temporary Sec.  165.T07-0224 to read as follows:

Sec.  165.T07-0224  Safety zone; Fourth of July fireworks Patriots
Point, Charleston, SC.

    (a) This rule establishes a safety zone on all Cooper River waters
within a 500 yard radius of barge, from which fireworks will be
launched.
    (b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Charleston in the enforcement of the regulated
areas.
    (c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area unless authorized by the Captain of the Port Charleston
or a designated representative.
    (2) Persons and vessels desiring to enter, transit through, or
remain within the regulated area may contact the Captain of the Port
Charleston by telephone at<PHONE_NUMBER>, or a designated representative
via VHF radio on channel 16, to request authorization. If authorization
to enter, transit through, or remain within the regulated area is
granted by the Captain of the Port Charleston or a designated
representative, all persons and vessels receiving such authorization
must comply with the instructions of the Captain of the Port Charleston
or a designated representative.
    (3) The Coast Guard will provide notice of the regulated area by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
    (d) Enforcement period. This rule will be enforced on July 4, 2016
from 8:45 p.m. until 9:45 p.m.

    Dated: May 31, 2016.
G.L. Tomasulo,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2016-13996 Filed 6-13-16; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 76, Number 136 (Friday, July 15, 2011)]
[Notices]
[Pages 41785-41788]
[FR Doc No: 2011-17833]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG11-99-000.
    Applicants: Granite Reliable Power, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Granite Reliable Power, LLC.
    Filed Date: 06/30/2011.
    Accession Number: 20110630-5043.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 21, 2011.

    Docket Numbers: EG11-100-000.
    Applicants: Michigan Wind 2, LLC.
    Description: Michigan Wind 2, LLC's Self-Certification of Exempt
Wholesale Generator Status.
    Filed Date: 07/01/2011.
    Accession Number: 20110701-5266.
    Comment Date: 5 p.m. Eastern Time on Friday, July 22, 2011.

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

    Docket Numbers: ER97-4281-024; ER99-2161-012; ER99-3000-011; ER00-
2810-010; ER99-4359-009; ER99-4358-009; ER99-2168-012; ER09-1300-003;
ER10-1291-002; ER09-1301-003; ER99-2162-012; ER00-2807-010; ER00-2809-
010; ER99-4355-009; ER99-4356-009; ER00-3160-015; ER99-4357-009; ER00-
3160-016; ER00-2313-011; ER02-2032-009; ER02-1396-009; ER02-1412-009;
ER99-3637-010; ER99-1712-012; ER00-2808-011.
    Applicants: Norwalk Power LLC, NRG Power Marketing LLC, Connecticut
Jet Power LLC, Montville Power LLC, Middletown Power LLC, Somerset
Power LLC, NRG Energy Center Dover LLC, Arthur Kill Power LLC, Dunkirk
Power LLC, Huntley Power LLC, Conemaugh Power LLC, Indian River Power
LLC, Keystone Power LLC, NRG Energy Center Paxton LLC, NRG Rockford
LLC, NRG Rockford II LLC, Vienna Power LLC, Devon Power LLC, GenConn
Middletown LLC, GenConn Devon LLC, GenConn Energy LLC, NRG New Jersey
Energy Sales LLC, Oswego Harbor Power LLC, Astoria Gas Turbines Power
LLC, NEO Freehold-Gen LLC.
    Description: NRG Northeast MBR Entities Updated Market Power
Analysis under ER97-4281, et al.
    Filed Date: 06/30/2011.
    Accession Number: 20110630-5291.
    Comment Date: 5 p.m. Eastern Time on Monday, August 29, 2011.

    Docket Numbers: ER10-1838-001; ER10-1915-001; ER10-1854-001; ER10-
1857-001; ER10-1899-001; ER10-1900-001; ER10-1902-001; ER10-1903-001;
ER10-1932-001; ER10-1935-001; ER10-1949-001; ER10-1963-001; ER10-1967-
001; ER10-1968-001; ER10-1971-002; ER10-1973-001; ER10-1951-002; ER10-
1975-004; ER10-1974-004; ER11-2365-002; ER10-1986-001; ER10-1990-001;
ER10-1993-001;
    Applicants: Backbone Mountain Windpower, LLC, Baywater Peaking
Facility, LLC, Doswell Limited Partnership, FPL Energy Cape, LLC, FPL
Energy Illinois Wind, LLC, FPL Energy Maine Hydro, LLC, FPL Energy
Marcus Hook, L.P., FPL Energy MH50, LP, FPL Energy Wyman, LLC, FPL
Energy Wyman IV, LLC, FPLE Rhode Island State Energy, L.P., Jamaica Bay
Peaking Facility, LLC, Meyerdale Windpower, LLC, Mill Run Windpower,
LLC, Nextra Energy Power Marketing, LLC, Nextra Energy Seabrook, LLC,
Nextra Energy Services Massachusetts, LLC, North Jersey Energy
Associates, Northeast Energy Associates, L.P., Paradise Solar Urban
Renewal, LLC, Pennsylvania Windfarms, Inc., Somerset Windpower, LLC,
Waymart Wind Farm, L.P.
    Description: NextEra Energy Companies' Northeast Triennial Market
Power Update.
    Filed Date: 07/01/2011.
    Accession Number: 20110701-5237.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 30, 2011.

    Docket Numbers: ER10-1944-001; ER10-2051-002; ER10-1942-003; ER10-
2042-004; ER10-2043-002; ER10-2029-004; ER10-2041-002; ER10-2040-002;
ER10-2039-002; ER10-2037-002; ER10-2036-002; ER10-1898-001; ER10-1934-
001; ER10-1893-001; ER10-1889-001; ER10-1895-001; ER10-1870-001; ER10-
1858-001; ER10-2044-002.
    Applicants: Calpine Energy Services, L.P., Bethpage Energy Center
3, LLC, Calpine Construction Finance Company, LP, CES Marketing V,
L.P., CES Marketing X, LLC, Zion Energy LLC, Calpine Philadelphia Inc.,
CPN Bethpage 3rd Turbine, Inc., KIAC Partners, Nissequogue Cogen
Partners, TBG Cogen Partners, CES Marketing IX, LLC, Calpine Mid-
Atlantic Marketing, LLC, Calpine Bethlehem, LLC, Calpine Mid-Atlantic
Generation, LLC, Calpine Mid Merit, LLC, Calpine New Jersey Generation,
LLC, Calpine Vineland Solar, LLC, Calpine Newark, LLC.
    Description: Updated Market Power Analysis of Bethpage Energy
Center 3, LLC, et al.
    Filed Date: 06/30/2011.
    Accession Number: 20110630-5298.
    Comment Date: 5 p.m. Eastern Time on Monday, August 29, 2011.

    Docket Numbers: ER10-2566-001.
    Applicants: Duke Energy Carolinas, LLC.
    Description: Updated market analysis in Southeast Region of Duke
Energy Carolinas, LLC.
    Filed Date: 07/01/2011.
    Accession Number: 20110701-5069.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 30, 2011.

    Docket Numbers: ER11-2547-003.
    Applicants: New York Independent System Operator, Inc.
    Description: New York Independent System Operator, Inc. submits
tariff filing per 35: NYISO notification of 15 minute variable
scheduling at HQ Chateauguay interface to be effective 7/27/2011.
    Filed Date: 07/01/2011.
    Accession Number: 20110701-5085.
    Comment Date: 5 p.m. Eastern Time on Friday, July 22, 2011.

    Docket Numbers: ER10-2881-002; ER10-2882-002; ER10-2883-002;

ER10-2884-002; ER10-2885-002; ER10-2641-002; ER10-2663-002; ER10-2886-
002;
    Applicants: Alabama Power Company, Southern Power Company,
Mississippi Power Company, Georgia Power Company, Gulf Power Company,
Oleander Power Project, Limited Partnership, Southern Company--Florida
LLC, Southern Turner Cimarron I, LLC.
    Description: Updated Market Power Analysis of Southern Companies
and their affiliates for the Southeast Region under ER10-2881, et al.
    Filed Date: 06/30/2011.
    Accession Number: 20110630-5094.
    Comment Date: 5 p.m. Eastern Time on Monday, August 29, 2011.

    Docket Numbers: ER10-2895-001.
    Applicants: Bear Swamp Power Company LLC.
    Description: Bear Swamp Power Company LLC submits tariff filing per
35: Bear Swamp Power Company LLC Revised MBR Tariff to be effective 7/
1/2011.
    Filed Date: 06/30/2011.
    Accession Number: 20110630-5019.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 21, 2011.

    Docket Numbers: ER10-2895-002; ER10-2901-001; ER10-1427-001; ER10-
2902-002; ER10-2917-002; ER10-2919-001; ER10-2918-003; ER10-2920-002;
ER10-2921-002; ER10-2922-002; ER10-2966-002.
    Applicants: Bear Swamp Power Company LLC, Brookfield Energy
Marketing, Inc., Brookfield Energy Marketing, LP, Brookfield Energy
Marketing US LLC, Brookfield Power Piney & Deep Creek LLC, Brookfield
Renewable Energy Marketing, US LLC, Carr Street Generating Stations,
L.P., Erie Boulevard Hydropower, L.P., Great Lakes Hydro America, LLC,
Hawks Nest Hydro, LLC, Rumford Falls Hydro LLC.
    Description: Bear Swamp Power Company, et al. Market Power Update.
    Filed Date: 06/30/2011.
    Accession Number: 20110630-5296.
    Comment Date: 5 p.m. Eastern Time on Monday, August 29, 2011.

    Docket Numbers: ER10-2917-001.
    Applicants: Brookfield Power Piney & Deep Creek LLC.
    Description: Brookfield Power Piney & Deep Creek LLC submits tariff
filing per 35: Brookfield Power Pine & Deep Creek LLC Revised Market-
Based Rate Tariff to be effective 7/1/2011.
    Filed Date: 06/30/2011.
    Accession Number: 20110630-5023.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 21, 2011.

    Docket Numbers: ER10-2918-002.
    Applicants: Carr Street Generating Station, L.P.
    Description: Carr Street Generating Station, L.P. submits tariff
filing per 35: Carr Street Generating Station, L.P. Revised MBR Tariff
to be effective 7/1/2011.
    Filed Date: 06/30/2011.
    Accession Number: 20110630-5093.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 21, 2011.

    Docket Numbers: ER10-2920-001.
    Applicants: Erie Boulevard Hydropower, L.P.
    Description: Erie Boulevard Hydropower, L.P. submits tariff filing
per 35: Erie Boulevard Hydropower, L.P. Revised MBR Tariff to be
effective 7/1/2011.
    Filed Date: 06/30/2011.
    Accession Number: 20110630-5028.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 21, 2011.

    Docket Numbers: ER10-2921-001.
    Applicants: Great Lakes Hydro America, LLC.
    Description: Great Lakes Hydro America, LLC submits tariff filing
per 35: Great Lakes Hydro America, LLC Revised MBR Tariff to be
effective 7/1/2011.
    Filed Date: 06/30/2011.
    Accession Number: 20110630-5031.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 21, 2011.

    Docket Numbers: ER10-2922-001.
    Applicants: Hawks Nest Hydro LLC.
    Description: Hawks Nest Hydro LLC submits tariff filing per 35:
Hawks Nest Hydro LLC Revised MBR Tariff to be effective 7/1/2011.
    Filed Date: 06/30/2011.
    Accession Number: 20110630-5040.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 21, 2011.

    Docket Numbers: ER10-2952-002; ER10-2955-002.
    Applicants: Flat Rock Windpower II LLC, Flat Rock Windpower LLC
    Description: Supplement to Updated Market Power Analysis of Flat
Rock Windpower LLC and Flat Rock Windpower II LLC.
    Filed Date: 06/30/2011.
    Accession Number: 20110630-5301.
    Comment Date: 5 p.m. Eastern Time on Monday, August 29, 2011.

    Docket Numbers: ER10-2966-001.
    Applicants: Rumford Falls Hydro LLC.
    Description: Rumford Falls Hydro LLC submits tariff filing per 35:
Rumford Falls Hydro LLC Revised MBR Tariff to be effective 7/1/2011.
    Filed Date: 06/30/2011.
    Accession Number: 20110630-5042.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 21, 2011.

    Docket Numbers: ER10-2985-001; ER10-3049-002; ER10-3051-002.
    Applicants: Champion Energy Marketing, LLC, Champion Energy
Services, LLC, Champion Energy, LLC.
    Description: Updated Market Power Analysis for the Northeast Region
of Champion Energy Marketing, LLC, et. al.
    Filed Date: 06/30/2011.
    Accession Number: 20110630-5306.
    Comment Date: 5 p.m. Eastern Time on Monday, August 29, 2011.

    Docket Numbers: ER10-3195-001; ER10-3194-001.
    Applicants: MATEP LLC; MATEP Limited Partnership.
    Description: Updated Market Power Analysis for the Northeast Region
of MATEP Limited Partnership.
    Filed Date: 06/30/2011.
    Accession Number: 20110630-5294.
    Comment Date: 5 p.m. Eastern Time on Monday, August 29, 2011.

    Docket Numbers: ER11-2079-001; ER11-2064-001; ER11-2065-001; ER11-
2066-001; ER10-1330-001.
    Applicants: Duke Energy Washington II, LLC, Duke Energy Fayette II,
LLC, Duke Energy Hanging Rock II, LLC, Duke Energy Lee II, LLC, North
Allegheny Wind, LLC.
    Description: Triennial of North Allegheny Wind, LLC.
    Filed Date: 06/30/2011.
    Accession Number: 20110630-5277.
    Comment Date: 5 p.m. Eastern Time on Monday, August 29, 2011.

    Docket Numbers: ER11-2292-001.
    Applicants: Brookfield Energy Marketing Inc.
    Description: Brookfield Energy Marketing Inc. submits tariff filing
per 35: Brookfield Energy Marketing Inc. Revised MBR Tariff to be
effective 7/1/2011.
    Filed Date: 06/30/2011.
    Accession Number: 20110630-5020.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 21, 2011.

    Docket Numbers: ER11-2293-001.
    Applicants: Brookfield Energy Marketing US LLC.
    Description: Brookfield Energy Marketing US LLC submits tariff
filing per 35: Brookfield Energy Marketing US LLC Revised Market-Based
Rate Tariff to be effective 7/1/2011.
    Filed Date: 06/30/2011.
    Accession Number: 20110630-5022.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 21, 2011.

    Docket Numbers: ER11-2294-001.
    Applicants: Brookfield Renewable Energy Marketing U.S.
    Description: Brookfield Renewable Energy Marketing U.S. LLC submits
tariff filing per 35: Brookfield Renewable Energy Marketing U.S. LLC
Revised MBR Tariff to be effective 7/1/2011.

    Filed Date: 06/30/2011.
    Accession Number: 20110630-5024.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 21, 2011.

    Docket Numbers: ER11-2604-002.
    Applicants: Commonwealth Chesapeake Company LLC.
    Description: Commonwealth Chesapeake Company LLC submits tariff
filing per 35: Request for Category 1 Seller Determination in the
Northeast region to be effective 8/29/2011.
    Filed Date: 06/30/2011.
    Accession Number: 20110630-5064.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 21, 2011.

    Docket Numbers: ER11-2605-002.
    Applicants: Tyr Energy LLC.
    Description: Tyr Energy LLC submits tariff filing per 35: Request
for Category 1 Seller Determination in the Northeast region to be
effective 8/29/2011.
    Filed Date: 06/30/2011.
    Accession Number: 20110630-5062.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 21, 2011.

    Docket Numbers: ER11-2701-001.
    Applicants: Mountain View Power Partners IV, LLC.
    Description: Mountain View Power Partners IV, LLC submits tariff
filing per 35: Mountain View Power Partners IV, LLC Compliance Filing
to be effective 7/1/2011.
    Filed Date: 06/30/2011.
    Accession Number: 20110630-5107.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 21, 2011.

    Docket Numbers: ER11-2814-001.
    Applicants: American Transmission Systems, Incorporated, PJM
Interconnection, LLC.
    Description: American Transmission Systems, Incorporated submits
tariff filing per 35: ATSI submits compliance filing in Docket Nos.
ER11-2814 and ER11-2815 to be effective N/A.
    Filed Date: 06/30/2011.
    Accession Number: 20110630-5118.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 21, 2011.

    Docket Numbers: ER11-2815-002.
    Applicants: American Transmission Systems, Incorporated, PJM
Interconnection, LLC.
    Description: American Transmission Systems, Incorporated submits
tariff filing per 35: ATSI submits compliance filing in Docket Nos.
ER11-2814 and ER11-2815 to be effective 6/1/2011.
    Filed Date: 06/30/2011.
    Accession Number: 20110630-5120.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 21, 2011.

    Docket Numbers: ER11-3262-002.
    Applicants: Trans Bay Cable LLC.
    Description: Trans Bay Cable LLC submits tariff filing per 35:
Compliance to be effective 6/30/2011.
    Filed Date: 06/30/2011.
    Accession Number: 20110630-5051.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 21, 2011.

    Docket Numbers: ER11-3279-001.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits tariff filing per 35: 06-30-11 Schedule 37 and Attachment GG
compliance to be effective 6/1/2011.
    Filed Date: 06/30/2011.
    Accession Number: 20110630-5161.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 21, 2011.

    Docket Numbers: ER11-3808-001.
    Applicants: ORNI 39, LLC.
    Description: ORNI 39, LLC submits tariff filing per 35.17(b):
Amendment to Petition to be effective 8/1/2011 under ER11-3808.
    Filed Date: 07/01/2011.
    Accession Number: 20110701-5075.
    Comment Date: 5 p.m. Eastern Time on Friday, July 22, 2011.

    Docket Numbers: ER11-3876-001; ER11-2044-002; ER10-2611-001.
    Applicants: MidAmerican Energy Company, Cordova Energy Company LLC,
Saranac Power Partners, L.P.
    Description: Updated market power analysis for Northeast Region of
Cordova Energy Company LLC, et al.
    Filed Date: 06/30/2011.
    Accession Number: 20110630-5287.
    Comment Date: 5 p.m. Eastern Time on Monday, August 29, 2011.

    Docket Numbers: ER11-3978-000.
    Applicants: PPL EnergyPlus, LLC.
    Description: PPL EnergyPlus, LLC submits tariff filing per 35.1:
Transmission Reassignment Tariff to be effective 7/1/2011.
    Filed Date: 07/01/2011.
    Accession Number: 20110701-5049.
    Comment Date: 5 p.m. Eastern Time on Friday, July 22, 2011.

    Docket Numbers: ER11-3979-000.
    Applicants: PJM Interconnection, LLC, Midwest Independent
Transmission System Operator Inc.
    Description: PJM Interconnection, LLC submits tariff filing per 35:
Compliance filing per Settlement Order in Docket Nos. EL10-45, EL10-46
& EL10-60 to be effective 6/16/2011.
    Filed Date: 07/01/2011.
    Accession Number: 20110701-5059.
    Comment Date: 5 p.m. Eastern Time on Friday, July 22, 2011.

    Docket Numbers: ER11-3980-000.
    Applicants: ORNI 14.
    Description: ORNI 14 submits tariff filing per 35.12: Petition of
ORNI 14 LLC For Approval of Initial Market-Based Rate Tariff to be
effective 7/2/2011.
    Filed Date: 07/01/2011.
    Accession Number: 20110701-5062.
    Comment Date: 5 p.m. Eastern Time on Friday, July 22, 2011.

    Docket Numbers: ER11-3981-000.
    Applicants: Acadia Power Partners, LLC.
    Description: Acadia Power Partners, LLC submits tariff filing per
35.15: Cancellation of Acadia MBR to be effective 7/1/2011.
    Filed Date: 07/01/2011.
    Accession Number: 20110701-5072.
    Comment Date: 5 p.m. Eastern Time on Friday, July 22, 2011.

    Docket Numbers: ER11-3982-000.
    Applicants: Cleco Power LLC.
    Description: Cleco Power LLC submits tariff filing per 35.15:
Cancellation of RS21 Acadia IA to be effective 7/1/2011.
    Filed Date: 07/01/2011.
    Accession Number: 20110701-5074.
    Comment Date: 5 p.m. Eastern Time on Friday, July 22, 2011.

    Docket Numbers: ER11-3983-000.
    Applicants: Deseret Generation & Transmission Co-operative, Inc.
    Description: Deseret Generation & Transmission Co-operative, Inc.
submits tariff filing per 35: 2011 RIA Annual Update to be effective 1/
1/2011.
    Filed Date: 07/01/2011.
    Accession Number: 20110701-5126.
    Comment Date: 5 p.m. Eastern Time on Friday, July 22, 2011.

    Docket Numbers: ER11-3984-000.
    Applicants: City of Riverside, California.
    Description: City of Riverside, California submits tariff filing
per 35.13(a)(1): City of Riverside, CA TO Tariff and TRR Revisions to
be effective 8/1/2011.
    Filed Date: 07/01/2011.
    Accession Number: 20110701-5203.
    Comment Date: 5 p.m. Eastern Time on Friday, July 22, 2011.

    Docket Numbers: ER11-3985-000.
    Applicants: UniSource Energy Development Company.
    Description: Notification of Cancellation of Tolling Agreement of
UniSource Energy Development.
    Filed Date: 07/01/2011.
    Accession Number: 20110701-5234.
    Comment Date: 5 p.m. Eastern Time on Friday, July 22, 2011.

    Docket Numbers: ER11-3986-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits tariff filing per
35.13(a)(2)(iii: 1765R4 KCP&L-GMO NITSA NOAS to be effective 6/1/2011.
    Filed Date: 07/01/2011.
    Accession Number: 20110701-5236.
    Comment Date: 5 p.m. Eastern Time on Friday, July 22, 2011.

    Docket Numbers: ER11-3987-000.
    Applicants: Mesquite Solar 1, LLC.
    Description: Mesquite Solar 1, LLC submits tariff filing per 35.12:
Mesquite Solar 1, LLC FERC Electric Tariff No. 1 Market-Based Rates
Tariff to be effective 7/1/2011.
    Filed Date: 07/01/2011.
    Accession Number: 20110701-5245.
    Comment Date: 5 p.m. Eastern Time on Friday, July 22, 2011.

    Docket Numbers: ER11-3988-000.
    Applicants: CES Placerita, Incorporated.
    Description: CES Placerita, Incorporated submits tariff filing per
35: Notice of Succession Revised to be effective 3/24/2011.
    Filed Date: 07/01/2011.
    Accession Number: 20110701-5246.
    Comment Date: 5 p.m. Eastern Time on Friday, July 22, 2011.

    Docket Numbers: ER11-3989-000.
    Applicants: Michigan Wind 2, LLC.
    Description: Michigan Wind 2, LLC submits tariff filing per 35.12:
Application for Market-Based Rate Authorization to be effective 9/1/
2011.
    Filed Date: 07/01/2011.
    Accession Number: 20110701-5256.
    Comment Date: 5 p.m. Eastern Time on Friday, July 22, 2011.

    Docket Numbers: ER11-3990-000.
    Applicants: PacifiCorp.
    Description: PacifiCorp submits tariff filing per 35.13(a)(2)(iii:
USBR-WAPA Weber Basin Project Agreement to be effective 6/10/2011.
    Filed Date: 07/01/2011.
    Accession Number: 20110701-5262.
    Comment Date: 5 p.m. Eastern Time on Friday, July 22, 2011.

    Docket Numbers: ER11-3991-000.
    Applicants: American Transmission Systems, Incorporated, PJM
Interconnection, LLC.
    Description: American Transmission Systems, Incorporated submits
tariff filing per 35.13(a)(2)(iii: FirstEnergy submits Service
Agreement Nos. 2814, 2815 & 2818 re ASTI Integration to be effective 6/
1/2011.
    Filed Date: 07/01/2011.
    Accession Number: 20110701-5269.
    Comment Date: 5 p.m. Eastern Time on Friday, July 22, 2011.

    Docket Numbers: ER11-3992-000.
    Applicants: L&P Electric, Inc.
    Description: L &P Electric, Inc. submits tariff filing per 35.12:
Leggatt & Platt Electric MBRA Application to be effective 8/1/2011.
    Filed Date: 07/01/2011.
    Accession Number: 20110701-5270.
    Comment Date: 5 p.m. Eastern Time on Friday, July 22, 2011.

    Docket Numbers: ER11-3993-000.
    Applicants: ALLETE, Inc.
    Description: Notices of Termination of ALLETE, Inc.
    Filed Date: 06/30/2011.
    Accession Number: 20110630-5300.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 21, 2011.

    Take notice that the Commission received the following public
utility holding company filings:

    Docket Numbers: PH11-17-000.
    Applicants: Fort Detrick Cogen Partners, LLC.
    Description: Form FERC-65B Waiver Notification of Fort Detrick
Cogen Partners, LLC.
    Filed Date: 06/30/2011.
    Accession Number: 20110630-5307.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 21, 2011.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    As it relates to any qualifying facility filings, the notices of
self-certification [or self-recertification] listed above, do not
institute a proceeding regarding qualifying facility status. A notice
of self-certification [or self-recertification] simply provides
notification that the entity making the filing has determined the
facility named in the notice meets the applicable criteria to be a
qualifying facility. Intervention and/or protest do not lie in dockets
that are qualifying facility self-certifications or self-
recertifications. Any person seeking to challenge such qualifying
facility status may do so by filing a motion pursuant to 18 CFR
292.207(d)(iii). Intervention and protests may be filed in response to
notices of qualifying facility dockets other than self-certifications
and self-recertifications.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: July 5, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-17833 Filed 7-14-11; 8:45 am]
BILLING CODE 6717-01-P


Comment Info: =================

General Comment:Dear Mr. Zeller:

I am writing as an individual consumer and as a business owner in the Vaping Industry  to request an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. On behalf of myself, I am requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days.

The Proposed Rule raises a number of significant issues and questions that are important and relevant to me, as a consumer of products and as a retailer of these products that are proposed for regulation under the Proposed Rule. The Proposed Rule asks about a hundred different questions I might want to respond to. I want to provide my thoughts and comments on many of these issues, but my time to devote to researching and providing thoughtful comments on these important questions is limited. I have already spent many hours researching and dissecting these issues, but they take time. I know that the FDA took many years to even come up with the Proposed Rule, so I do not think it is at all unreasonable to allow the public a mere six months to comment on it. This is our only opportunity, as consumers and as business owners in this industry, to provide our feedback.

I feel very strongly about e-cigarettes as an alternative to combustible cigarettes. Quite simply, I firmly believe that they saved my life and the lives of the customers I’ve converted to e-cigarettes over traditional tobacco products. I wish to provide you with my personal story, as well as science- and evidence-based responses to your questions so that you can take my comment into account. I realize that the FDA has the authority under 21 CFR 10.40 to extend this time frame and that the FDA has exercised this authority on numerous occasions in the past. I would therefore ask that you do so here, so that all stakeholders have the opportunity to provide their comments on this proposed regulation.

I appreciate your consideration of my request and am happy to discuss this issue with you further.


[Federal Register Volume 80, Number 69 (Friday, April 10, 2015)]
[Notices]
[Page 19338]
[FR Doc No: 2015-08346]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4210-DR; Docket ID FEMA-2015-0002]

West Virginia; 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 State of West Virginia (FEMA-4210-DR), dated March 31,
2015, and related determinations.

DATES: Effective Date: March 31, 2015.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated March 31, 2015, 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 State
of West Virginia resulting from a severe winter storm, flooding,
landslides, and mudslides during the period of March 3-6, 2015, 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 State of West Virginia.
    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 State.
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, Kari Suzann Cowie, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of West Virginia have been
designated as adversely affected by this major disaster:

    Barbour, Boone, Braxton, Cabell, Doddridge, Gilmer, Harrison,
Jackson, Kanawha, Lewis, Lincoln, Logan, Marshall, McDowell, Mingo,
Monongalia, Putnam, Raleigh, Ritchie, Roane, Summers, Tyler, Upshur,
Wayne, Webster, Wetzel, Wirt, Wood, and Wyoming Counties for Public
Assistance.
    All areas within the State of West Virginia 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.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2015-08346 Filed 4-9-15; 08:45 am]
 BILLING CODE 9111-23-P


[Federal Register Volume 78, Number 70 (Thursday, April 11, 2013)]
[Rules and Regulations]
[Pages 21542-21545]
[FR Doc No: 2013-08261]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2012-0828; FRL-9776-6]

Revisions to the California State Implementation Plan, Santa
Barbara County Air Pollution Control District and South Coast Air
Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is taking direct final action to approve revisions to the
Santa Barbara County Air Pollution Control District (SBCAPCD) and South
Coast Air Quality Management District (SCAQMD) portions of the
California State Implementation Plan (SIP). These revisions concern
volatile organic compound (VOC) and oxides of nitrogen (NOX)
emissions from gas-fired fan-type central furnaces, small water
heaters, and the transfer and dispensing of gasoline. We are approving
local rules that regulate these emission sources under the Clean Air
Act (CAA or the Act).

DATES: This rule is effective on June 10, 2013 without further notice,
unless EPA receives adverse comments by May 13, 2013. If we receive
such comments, we will publish a timely withdrawal in the Federal
Register to notify the public that this direct final rule will not take
effect.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2012-0828, by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    2. Email<EMAIL_ADDRESS>    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
    Instructions: All comments will be included in the public docket
without change and may be made available online at www.regulations.gov,
including any personal information provided, unless the comment
includes Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Information that you
consider CBI or otherwise protected should be clearly identified as
such and should not be submitted through www.regulations.gov or email.
www.regulations.gov is an ``anonymous access'' system, and EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send email directly to EPA, your email
address will be automatically captured and included as part of the
public comment. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses.
    Docket: Generally, documents in the docket for this action are
available electronically at www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California. While all
documents in the docket are listed at www.regulations.gov, some
information may be publicly available only at the hard copy location
(e.g., copyrighted material, large maps), and some may not be publicly
available in either location (e.g., CBI). To inspect the hard copy
materials, please schedule an appointment during normal business hours
with the contact listed in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Nicole Law, EPA Region IX, (415) 947-
4126<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to EPA.

Table of Contents

I. The State's Submittal
    A. What rules did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rule revisions?
II. EPA's Evaluation and Action
    A. How is EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. EPA recommendations To Further Improve the Rules.
    D. Public Comment and Final Action.
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rules did the State submit?

    Table 1 lists the rules we are approving with the dates that they
were amended by the local air agencies and submitted by the California
Air Resources Board (CARB).

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
                                                                                Amended/
            Local agency                Rule No.              Rule title              revised        Submitted
----------------------------------------------------------------------------------------------------------------
SBCAPCD............................             352  Natural Gas-Fire Fan-Type          10/20/11        02/23/12
                                                      Central Furnaces and Small
                                                      Water Heaters.
SCAQMD.............................             461  Gasoline Transfer and              04/06/12        09/21/12
                                                      Dispensing.
----------------------------------------------------------------------------------------------------------------

    On March 13, 2012 and October 11, 2012, EPA determined that the
submittal for SBCAPCD Rule 352 and SCAQMD Rule 461 met the completeness
criteria in 40 CFR part 51 Appendix V, which must be met before formal
EPA review.

B. Are there other versions of these rules?

    We approved an earlier version of SBCAPCD Rule 352 into the SIP on
December 20, 2000 (65 FR 79752). We approved an earlier version of
SCAQMD Rule 461 into the SIP on April 11, 2006 (71 FR 18216). The
SCAQMD adopted revisions to the SIP-approved version on March 7, 2008
but the revision was not submitted to EPA. While we can act on only the
most recently submitted version, we have reviewed materials from
previous rule revisions.

C. What is the purpose of the submitted rule revisions?

    VOCs help produce ground-level ozone and smog, which harm human
health and the environment. NOX helps produce ground-level
ozone, smog and particulate matter, which harm human health and the
environment. Section 110(a) of the CAA requires States to submit
regulations that control VOC and NOX emissions. SBCAPCD Rule
352 limits emissions from gas-fired fan-type central furnaces and small
water heaters and SCAQMD Rule 461 controls emissions from the transfer
and dispensing of gasoline. EPA's technical support documents (TSD)
have more information about these rules.

II. EPA's Evaluation and Action

A. How is EPA evaluating the rules?

    Generally, SIP rules must be enforceable (see section 110(a) of the
Act), must require Reasonably Available Control Technology (RACT) for
each category of sources covered by a Control Techniques Guidelines
(CTG) document as well as each major source in nonattainment areas (see
sections 182(a)(2) and (b)(2)), and must not relax existing
requirements (see sections 110(l) and 193). The SCAQMD regulates an
ozone nonattainment area (see 40 CFR part 81), so Rule 461 must fulfill
RACT. SBCAPCD is designated as unclassifiable/attainment for all
National Ambient Air Quality Standards (NAAQS) so that submitted Rule
352 does not have to fulfill RACT requirements.
    Guidance and policy documents that we use to evaluate
enforceability and RACT requirements consistently include the
following:
    1. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' EPA, May 25, 1988 (the Bluebook).
    2. ``Guidance Document for Correcting Common VOC & Other Rule

Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    3. ``Gasoline Vapor Recovery Guidelines'', EPA Region IX, April 24,
2000.
    4. ``Technical Guidance--Stage II vapor Recovery Systems for
Control of Vehicle Refueling Emissions at Gasoline Dispensing
Facilities.'' (EPA-450/3-91-022a) November 1991.
    5. ``EPA's Draft Model Rule, Gasoline Dispensing Facility--Stage II
Vapor Recovery,'' August 17, 1992.

B. Do the rules meet the evaluation criteria?

    We believe these rules are consistent with the relevant policy and
guidance regarding enforceability, RACT, and SIP relaxations. The TSDs
have more information on our evaluation.

C. EPA Recommendations To Further Improve the Rules

    The TSDs describe additional rule revisions that we recommend for
the next time the local agencies modify the rules.

D. Public Comment and Final Action

    As authorized in section 110(k)(3) of the Act, EPA is fully
approving the submitted rules because we believe they fulfill all
relevant requirements. We do not think anyone will object to this
approval, so we are finalizing it without proposing it in advance.
However, in the Proposed Rules section of this Federal Register, we are
simultaneously proposing approval of the same submitted rules. If we
receive adverse comments by May 13, 2013, we will publish a timely
withdrawal in the Federal Register to notify the public that the direct
final approval will not take effect and we will address the comments in
a subsequent final action based on the proposal. If we do not receive
timely adverse comments, the direct final approval will be effective
without further notice on June 10, 2013. This will incorporate these
rules into the federally enforceable SIP.
    Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment.

III. Statutory and Executive Order Reviews

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

In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the State,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
    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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by June 10, 2013. Filing a
petition for reconsideration by the Administrator of this 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. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the Proposed
Rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. 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, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: January 23, 2013.
Jared Blumenfeld
Regional Administrator, Region IX.

    Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:

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 F--California

0
2. Section 52.220, is amended by adding paragraphs (c)(411)(i)(G) and
(c)(423)(i)(C) to read as follows:

Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (411) * * *
    (i) * * *
    (G) Santa Barbara County Air Pollution Control District.
    (1) Rule 352, ``Natural Gas-Fired Fan-Type Central Furnaces and
Small Water Heaters,'' revised on October 20, 2011.
* * * * *
    (423) * * *
    (i) * * *
    (C) South Coast Air Quality Management District.
    (1) Rule 461, ``Gasoline Transfer and Dispensing,'' amended on
April 6, 2012.

[FR Doc. 2013-08261 Filed 4-10-13; 8:45 am]
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