[Federal Register Volume 77, Number 149 (Thursday, August 2, 2012)]
[Notices]
[Pages 46131-46132]
[FR Doc No: 2012-18822]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67516; File No. SR-BATS-2012-029]

Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend
Rule 20.6, Entitled ``Obvious Error''

July 27, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on July 16, 2012, BATS Exchange, Inc. (the ``Exchange'' or
``BATS'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II
and III below, which Items have been prepared by the Exchange. The
Exchange has designated this proposal as a ``non-controversial''
proposed rule change pursuant to Section 19(b)(3)(A) of the Act \3\ and
Rule 19b-4(f)(6)(iii) thereunder,\4\ which renders it effective upon
filing with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6)(iii).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Rule 20.6, entitled ``Obvious
Error'', to modify the calculation of the Theoretical Price used in
connection with Obvious Error \5\ rulings and to clarify the Obvious
Error transactions for which the Exchange can either adjust the
execution price of the transaction or nullify the transaction.
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    \5\ As defined in Exchange Rule 20.6(b).
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    The text of the proposed rule change is available at the Exchange's
Web site at http://www.batstrading.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement

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

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

1. Purpose
    The purpose of this filing is to amend Rule 20.6, which is
applicable to the Exchange's equity options platform (``BATS
Options''), to modify the calculation of the Theoretical Price used in
connection with Obvious Error rulings, as described below. Under
current Rule 20.6, the Exchange defines the Theoretical Price, if the
series is traded on at least one other options exchange, as the mid-
point of the National Best Bid and Offer (``NBBO'') just prior to the
transaction in question. The Exchange proposes to define the
Theoretical Price for purposes of Rule 20.6 as the last National Best
Bid (``NBB'') price with respect to an erroneous sell transaction and
the last National Best Offer (``NBO'') price with respect to an
erroneous buy transaction, just prior to the transaction. The proposed
methodology is used by several other options exchanges.\6\
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    \6\ See NYSE Arca Options Rule 6.87(a)(2)(A); see also NYSE Amex
Options Rule 975NY(a)(2)(A); CBOE Rule 6.25(a)(1)(i); NASDAQ OMX
PHLX Rule 1092(b)(i); ISE Rule 720(a)(3).
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    The proposed rule change would also amend Rule 20.6(e) to delete
the requirement that each party to a transaction be an Options
Member,\7\ in order to permit the Exchange to adjust the execution
price. It is implicit that all transactions that occur on BATS Options
must be executed between Options Members so deleting this explicit
requirement will have no impact on the ultimate functionality of the
Rule. Furthermore, the proposed rule change would amend Rule 20.6(e) to
clarify that if at least one party to the Obvious Error transaction is
for the account of or on behalf of a party other than a Market Maker,
then the trade will be nullified unless the parties otherwise agree to
an adjustment price for the transaction within thirty (30) minutes of
being notified by the Exchange of the Obvious Error. Making a
distinction between the parties to an Obvious Error transaction when
the Exchange takes action to either adjust the execution price or
nullify the trade is proper in that if a transaction involves a Market
Maker on both sides, these parties are better able to understand the
risk of an adjustment to the execution price than if one or both sides
of the transaction is for the account of a non-Market Maker. The
Exchange believes that the proposal to amend Rule 20.6(e) is consistent
with existing rules of the Exchange's competitors.\8\
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    \7\ As defined in Exchange Rule 16.1(a)(38).
    \8\ See NYSE Arca Options Rule 6.87(a)(3)(A) and (B); see also
NYSE Amex Options Rule 975NY(a)(3)(A) and (B); CBOE Rule 6.25(a)(1);
NASDAQ OMX PHLX Rule 1092(e)(ii); ISE Rule 720(b)(2)(ii).
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with the
requirements of the Act and the rules and regulations thereunder that
are applicable to a national securities exchange, and, in particular,
with the requirements of Section 6(b) of the Act.\9\ In particular, the
proposal is consistent with Section 6(b)(5) of the Act,\10\ because it
would promote just and equitable principles of trade, remove
impediments to, and perfect the mechanism of, a free and open market
and a national market system. Specifically, the definition of
Theoretical Price, as proposed, is consistent with the Act due to the
fact that it provides a specific and objective definition for use in
determining whether a particular transaction was or was not an Obvious
Error. Further, the proposal will define the Theoretical Price for
purposes of Obvious Error determinations in a manner that is consistent
with the majority of the other options exchanges. The proposal will
also make a distinction that transactions on behalf of a party other
than a Market Maker will be nullified rather than adjusted, eliminating
the risk that the transaction execution price will be adjusted under
those circumstances where a party to the transaction may not fully
appreciate the risks associated with such action.
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    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
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    The proposal is consistent with Section 6(b)(8) of the Act,\11\ in
that it does not impose any burden on competition not necessary or
appropriate in furtherance of the purposes of the Act. The proposal
also promotes transparency in that it (i) aligns the definition of
Theoretical Price with that used by most other options exchanges,
reducing the potential for confusion by Exchange members; (ii) puts
Market Maker only transactions in a separate category from transactions
that are on the behalf of non-Market Makers, thereby protecting non-
Market makers from execution price adjustment where nullification of
the transaction is more appropriate; and (iii) puts procedural
safeguards around

transactions that are on behalf of non-Market Makers, thereby
protecting non-Market makers from execution price adjustment where
nullification of the transaction is more appropriate.
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    \11\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

    The proposed rule change to Rule 20.6(e) is also consistent with
Section 11A(a)(1) of the Act \12\ in that it seeks to assure fair
competition among brokers and dealers and exchange markets by handling
obvious error reviews in a manner consistent with the Exchange's
competitors.\13\ As described above, all aspects of the proposal will
serve to align the Exchange's Obvious Error procedures with those of
other options exchanges.
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    \12\ 15 U.S.C. 78k-1(a)(1).
    \13\ See supra notes 5 and 7.
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(B) Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change imposes
any burden on competition.

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

    The Exchange has neither solicited nor received written comments on
the proposed rule change.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \14\ and Rule 19b-
4(f)(6)(iii) thereunder.\15\
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    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f)(6).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BATS-2012-029 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BATS-2012-029. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal offices of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-BATS-2012-029, and should be
submitted on or before August 23, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-18822 Filed 8-1-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: October 21, 2005 (Volume 70, Number 203)]
[Notices]
[Page 61275]
[DOCID:fr21oc05-65]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-19-000]

Northwest Pipeline Corporation; Notice of Proposed Changes in
FERC Gas Tariff

October 14, 2005.
    Take notice that on October 11, 2005, Northwest Pipeline
Corporation (Northwest) tendered for filing as part of its FERC Gas
Tariff, Third Revised Volume No. 1, the following tariff sheets, to be
effective December 11, 2005:

Twelfth Revised Sheet No. 24
Fifth Revised Sheet No. 25
Third Revised Sheet No. 26
First Revised Sheet No. 27
First Revised Sheet No. 28
Ninth Revised Sheet No. 232
Third Revised Sheet No. 301
Third Revised Sheet No. 302
Second Revised Sheet No. 302-D
Second Revised Sheet No. 303-B
Original Revised Sheet No. 303-C

    Northwest states that the purpose of this filing is to propose
tariff modifications to: (1) add a standard unilateral evergreen
provision for Rate Schedule TF-1 shippers; and (2) treat standardized
contract-specific operational flow order provisions under Rate Schedule
TF-1 as conforming contract provisions instead of as non-conforming
contract provisions.
    Northwest states that a copy of this filing has been served upon
Northwest's customers and interested state regulatory commissions.
    Any person desiring to intervene or to protest this filing 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). 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. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible online at http://www.ferc.gov, using the

``eLibrary'' link and is 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>.

Magalie R. Salas,
Secretary.
[FR Doc. E5-5823 Filed 10-20-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 156 (Tuesday, August 15, 2017)]
[Rules and Regulations]
[Pages 38604-38605]
[FR Doc No: 2017-16823]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2017-0218; FRL-9965-90-Region 9]

Approval of California Air Plan Revisions, Placer County Air
Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve revisions to the Placer County Air Pollution Control
District (PCAPCD) portion of the California State Implementation Plan
(SIP). These revisions concern the District's demonstration regarding
Reasonably Available Control Technology (RACT) requirements for the
1997 and 2008 8-hour ozone National Ambient Air Quality Standards
(NAAQS), and negative declarations for the polyester resin source
category for the 2008 8-hour ozone standard. We are approving the
submitted SIP revisions under the Clean Air Act (CAA or the Act).

DATES: This rule is effective on September 14, 2017.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2017-0218. All documents in the docket are
listed on the https://www.regulations.gov Web site. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available through https://www.regulations.gov, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information.

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 the EPA.

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews

I. Proposed Action

    On June 15, 2017 (82 FR 27456), the EPA proposed to approve the
following documents into the California SIP.

----------------------------------------------------------------------------------------------------------------
                Local agency                               Document                   Adopted        Submitted
----------------------------------------------------------------------------------------------------------------
PCAPCD.....................................  2006 Reasonably Available Control          08/10/06        07/11/07
                                              Technology State Implementation
                                              Plan Update Analysis (``2006 RACT
                                              SIP'').
PCAPCD.....................................  2014 Reasonably Available Control          04/10/14        07/18/14
                                              Technology State Implementation
                                              Plan Analysis (``2014 RACT SIP'').
----------------------------------------------------------------------------------------------------------------

    PCAPCD's July 18, 2014 submittal also included negative
declarations for the Polyester Resin source category covered by the
following control techniques guidelines (CTGs): EPA-450/3-83-008,
Control of Volatile Organic Compound Emissions from Manufacture of
High-Density Polyethylene, Polypropylene, and Polystyrene Resins and
EPA-450/3-83-006, Control of Volatile Organic Compound Leaks from
Synthetic Organic Chemical Polymer and Resin Manufacturing Equipment.
The District certified that it had no sources subject to the CTG
documents.
    We proposed to approve these documents because we determined that
they complied with the relevant CAA requirements. Our proposed action
contains more information on the documents and our evaluation.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period.
During this period, we received no comments.

III. EPA Action

    No comments were submitted. Therefore, as authorized in section
110(k)(3) of the Act, the EPA is fully approving these documents,
including the negative declarations into the California SIP.

IV. 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, the 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 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 Clean Air Act; and
     does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the 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. The 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 October 16, 2017. 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. 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: July 31, 2017.
Alexis Strauss,
Acting 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)(382)(ii)(D) and
(c)(449)(ii)(B) to read as follows:

Sec.  52.220  Identification of plan--in part.

* * * * *
    (c) * * *
    (382) * * *
    (ii) * * *
    (D) Placer County Air Pollution Control District.
    (1) 2006 Reasonably Available Control Technology State
Implementation Plan Update Analysis, as adopted on August 10, 2006.
* * * * *
    (449) * * *
    (ii) * * *
    (B) Placer County Air Pollution Control District.
    (1) 2014 Reasonably Available Control Technology State
Implementation Plan Analysis, as adopted on April 10, 2014.
* * * * *

0
3. Section 52.222 is amended by adding paragraph (a)(4)(iv) to read as
follows:

Sec.  52.222  Negative declarations.

    (a) * * *
    (4) * * *
    (iv) Polyester Resin was submitted on July 18, 2014 and adopted on
April 10, 2014.
* * * * *

[FR Doc. 2017-16823 Filed 8-14-17; 8:45 am]
 BILLING CODE 6560-50-P


  SEQ CHAPTER \h \r 1 SIP SUBMITTAL COMPLETENESS CRITERIA CHECKLIST

(in accordance with 40 CFR Part 51 - App. V)

 SIP Submitted by:	Maryland Department of the Environment

 Date Submitted:	June 18, 2007

 Subject:	Amendments to the Control of VOC Emissions from Consumer
Products

 Completeness Review

 Completed by:	Rose Quinto /s/

 Date Completed:     August 20, 2007

Administrative Materials

        SEQ CHAPTER \h \r 1 ACCEPTABLE

  SEQ CHAPTER \h \r 1 EPA REQUIREMENT	STATE SUBMITTAL 	(X)

1. A formal letter of submittal from the Governor or his designee,
requesting EPA approval of the plan or revision thereof.	1.  Letter
dated June 18, 2007 from Shari T. Wilson, Secretary, Maryland Department
of the Environment to Donald S. Welsh, Regional Administrator.	 X

2. Evidence that the State has adopted the plan in the State code or
body of regulations; or issued the permit, order, consent agreement in
final form.  That evidence shall include the date of adoption or final
issuance as well as the effective date of the plan, if different from
the adoption/issuance date.	2.  The regulation was adopted and published
in the Maryland Register on June 8, 2007 with an effective date of June
18, 2007.	 X

3. Evidence that the State has the necessary legal authority under State
law to adopt and implement the plan.	3. Environmental Article, Title 2,
Annotated Code of Maryland.	 X

4. A copy of actual regulation, or document submitted for approval and
incorporation by reference into the plan, including indication of the
changes made to the existing approved plan, where applicable.  The
submittal shall be a copy of the official State regulation/document
signed, stamped, dated by the appropriate State official indicating that
it is fully enforceable by the State.  The effective date of the
regulation/document shall, whenever possible, be indicated in the
document itself.	4.  A copy of the proposed rule published in the
Maryland Register on March 30, 2007, and the final rule published in the
Maryland Register on June 8, 2007 with an effective date of June 18,
2007.

 X

5. Evidence that the State followed all of the procedural requirements
of the State's laws and constitution in conducting and completing the
adoption/issuance of the plan.	5.  Letter dated June 18, 2007, from
Shari T. Wilson, Secretary, Maryland Department of the Environment.	 X

6. Evidence that public notice was given of the proposed change
consistent with procedures approved by EPA, including the date of
publication of such notice.	6.  Copy of hearing notices in The Baltimore
Sun, The Frederick News-Post, The Cumberland Times-News, Gazette
Newspaper, and The Daily and Sunday Times.  Copy of hearing transcripts
and hearing statement.	 X

7. Certification that public hearings were held in accordance with the
information provided in the public notice and the State's laws and
constitution, if applicable.	7.  Letter dated June 18, 2007, from Shari
T. Wilson, Secretary, Maryland Department of the Environment. Copy of
hearing transcripts and hearing statement.	 X

8. Compilation of public comments and the State's response thereto.	8.
See State submittal – Comments and Response to Comments.	 X

  SEQ CHAPTER \h \r 1 Technical Materials

  SEQ CHAPTER \h \r 1 EPA REQUIREMENT	STATE SUBMITTAL 	(X)

  SEQ CHAPTER \h \r 1 1. Identification of all regulated pollutants
affected by the plan.	1.  The plan establishes requirements to control
VOC emissions from consumer products.	  X

2. Identification of the locations of affected sources including the EPA
attainment/nonattainment designation of the locations and the status of
the attainment plan for the affected area(s).	2.  State of Maryland.

  X

3. Quantification of the changes in plan allowable emissions from the
affected sources; estimates of changes in current actual emissions from
affected sources or, where appropriate, quantification of changes in
actual emissions from affected sources through calculations of the
differences between certain baseline levels and allowable emissions
anticipated as a result of the revision.	3.  Not applicable.  The plan
established requirements to control VOC from consumer products.	  X

4. The State's demonstration that the national ambient air quality
standards, prevention of significant deterioration increments,
reasonable further progress demonstration, and visibility, as
applicable, are protected if the plan is approved and implemented. 	4.
The plan addresses only nonattainment area pollutants for VOC.
Therefore, PSD increments and protection (maintenance) of NAAQS are not
applicable.  	  X

5. Modeling information required to support the proposed revision,
including input data, output data, models used,  ambient monitoring data
used, meteorological data used, justification for use of offsite data
(where used), modes of models used, assumptions, and other information
relevant to the determination of adequacy of the modeling analysis.	5.
Not applicable.  No modeling demonstration was required to support the
required revision.  No additional modeling beyond UAM attainment
modeling is needed.	  X

6. Evidence, where necessary, that emission limitations are based on
continuous emission reduction technology.	6. Not applicable.  The plan
established requirements to control VOC emissions from consumer
products.	  X

7. Evidence that the plan contains emission limitations, work practice
standards and recordkeeping/reporting requirements, where necessary, to
ensure emission levels.	7. COMAR <IP_ADDRESS>, COMAR <IP_ADDRESS>.	  X

8. Compliance/enforcement strategies, including how compliance will be
determined in practice.	8.  COMAR <IP_ADDRESS>.	  X

9. Special economic and technological justifications required by any
applicable EPA policies. (If a policy is not appropriate, explain why.)
9.  No special justifications are required.	  X

10. A Section 107 request must be accompanied by a maintenance plan
demonstrating maintenance to the relevant NAAQS for at least 10 years
after redesignation.	10.  Not applicable because this is not a section
107 request.	  X


[Federal Register Volume 87, Number 156 (Monday, August 15, 2022)]
[Proposed Rules]
[Pages 50011-50015]
[FR Doc No: 2022-17207]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-0932; Airspace Docket No. 21-AEA-22]
RIN 2120-AA66

Proposed Amendment and Establishment of Area Navigation (RNAV)
Routes; Eastern United States

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend five area navigation (RNAV)
routes (T-224, T-314, T-315, T-325, and Q-68), and establish two RNAV
routes (T-303, and T-360). These routes would support the FAA VOR
Minimum Operational Network (MON) program, and would expand the
availability of RNAV routing in the National Airspace System (NAS).

DATES: Comments must be received on or before September 29, 2022.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone:
(800) 647-5527 or<PHONE_NUMBER>. You must identify FAA Docket No. FAA-
2022-0932; Airspace Docket No. 21-AEA-22 at the beginning of your
comments. You may also submit comments through the internet at
www.regulations.gov. FAA Order JO 7400.11F, Airspace Designations and
Reporting Points, and subsequent amendments can be viewed online at
www.faa.gov/air_traffic/publications/. For further information, you can
contact the Rules and Regulations Group, Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591;
telephone:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Rules and Regulations
Group, Office of Policy, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it would expand the availability of RNAV routes in the
NAS, increase airspace capacity, and reduce complexity in high air
traffic volume areas.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers (FAA Docket No. FAA-
2022-0932; Airspace Docket No. 21-

AEA-22 and be submitted in triplicate to the Docket Management Facility
(see ADDRESSES section for address and phone number). You may also
submit comments through the internet at www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to FAA Docket No. FAA-2022-0932; Airspace Docket No. 21-AEA-22.'' The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified comment
closing date will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRM's

    An electronic copy of this document may be downloaded through the
internet at www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at
www.faa.gov/air_traffic/publications/airspace_amendments/. You may
review the public docket containing the proposal, any comments received
and any final disposition in person in the Dockets Office (see
ADDRESSES section for address and phone number) between 9:00 a.m. and
5:00 p.m., Monday through Friday, except Federal holidays. An informal
docket may also be examined during normal business hours at the office
of the Eastern Service Center, Federal Aviation Administration, Room
210, 1701 Columbia Ave., College Park, GA 30337.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order JO 7400.11F, Airspace Designations
and Reporting Points, dated August 10, 2021 and effective September 15,
2021. FAA Order JO 7400.11F is publicly available as listed in the
ADDRESSES section of this document. FAA Order JO 7400.11F lists Class
A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA is proposing an amendment to Title 14 CFR part 71 to amend
five area navigation (RNAV) routes (T-224, T-314, T-315, T-325, and Q-
68), and establish two RNAV routes (T-303, and T-360).
    T-224: Effective July 14, 2022, FAA amended T-224 to extend from
the Palacios, TX (PSX), VHF Omnidirectional Range and Tactical Air
Navigational System (VORTAC) to the COLIN, VA, Fix (87 FR 29222; May
13, 2022). This notice proposes to further extend T-224 from the COLIN,
VA, Fix to the Boston, MA (BOS), VHF Omnidirectional Range/Distance
Measuring Equipment (VOR/DME). The points from the Palacios VORTAC to
the COLIN Fix would remain unchanged. After the COLIN Fix, the
following points would be added to the route: SHLBK, MD, waypoint (WP);
PRNCZ, MD, WP; Smyrna, DE (ENO), VORTAC; JIIMS, NJ, WP; Coyle, NJ
(CYN), VORTAC; DIXIE, NJ, Fix; Kennedy, NY (JFK), VOR/DME; KEEPM, NY,
Fix; Calverton, NY (CCC), VOR/DME; YANCT, CT, WP; and Boston, MA (BOS),
VOR/DME. In this description, the JIIMS WP is being used in place of
the Cedar Lake, NJ (VCN), VOR/DME, and the YANCT, CT, WP is being used
in place of the Norwich, CT (ORW), VOR/DME. T-224 would overlay
portions of VOR Federal airway V-16 from the COLIN Fix to the Boston
VOR/DME.
    T-303: T-303 is a proposed new route that would extend from the
IRAKE, NC, WP, to the Boston, MA (BOS), VOR/DME. It would overlay
airway V-1 from the Cofield, NC (CVI), VORTAC to the Boston, MA (BOS),
VOR/DME. In the T-303 description, the KOHLS, NC, WP would be used in
place of the Cofield VORTAC. The OUTLA, VA, WP would be used in place
of the Cape Charles, VA (CCV), VORTAC. The TRPOD, MD, WP would be used
in place of the Salisbury, MD (SBY), VORTAC.
    T-314: T-314 extends from the Barnes, MA (BAF), VORTAC to the
Kennebunk, ME (ENE), VOR/DME. The FAA proposes to extend T-314 to
overlay airway V-93 from the Kingston, NY (IGN), VOR/DME to the SASHA,
MA, Fix; then overlay airway V-292 from the SASHA Fix to the Barnes
VORTAC. The PAWLN, NY, WP would be used in place of the Pawling, NY
(PWL), VOR/DME. In addition, the following Fixes would be removed from
the route description because they don't mark a turn point: PUDGY, MA;
LAPEL, MA; JOHNZ, NH; RAYMY, NH; KHRIS, NH; and YUKES, ME. However, the
points will remain part of the route structure and will continue to be
depicted on the IFR En Route chart. As amended, T-314 would extend from
the Kingston, NY (IGN), VOR/DME to the Kennebunk, ME (ENE), VOR/DME.
    T-315: T-315 extends from the Hartford, CT (HFD), VOR/DME to the
Burlington, VT (BVT), WOR/DME. This action proposes to extend T-315
south and west from Hartford, CT to the vicinity of Charleston, WV. The
JARLO, WV, WP would be used in place of the Charleston, WV (HVQ), VOR/
DME. T-315 would overlay airway V-260 from JARLO to Flat Rock, VA; V-16
from Flat Rock to the DIXIE, NJ, Fix; and V-229 from the DIXIE Fix to
Hartford, CT. The SHANE, WV, WP would be used in place of the Rainelle,
WV (RNL), VOR. The DBRAH, VA, WP would replace the Roanoke, VA (ROA),
VOR/DME. The EEGOR, CT, WP would replace the Bridgeport, CT (BDR), VOR/
DME. The following WPs would be removed from the description because
they don't mark a turn point: DARTH, CT; WITNY, MA; SPENO, MA; JAMMA,
VT; and MUDDI, VT. However, the points will remain part of the route
structure and will continue to be depicted on the IFR En Route chart.
As amended, T-315 would extend from the JARLO, WV, WP to the
Burlington, VT (BTV), VOR/DME.
    T-325: T-325 extends from the Bowling Green, KY (BWG), DME to the
Oshkosh, WI (OSH), VORTAC. Due to the scheduled decommissioning of the
Bowling Green, KY (BWG), DME this proposal would amend the route by
replacing the Bowling Green DME with the RAMRD, KY, WP. In addition,
the following points would be removed from the route description
because they don't mark a turn point: LOONE, KY, WP; BUNKA, IN, Fix;
and CAPPY, IL, WP. However, the points will remain part of the route
structure and will continue to be depicted on the IFR En Route chart.
As amended, T-325 would extend from the RAMRD, KY, WP to the Oshkosh,
WI (OSH), VORTAC.
    T-360: T-360 is a proposed new route that would extend from the
SHANE, WV, WP to the WAVES, VA, WP. T-360 would overlay airway V-290
from the Rainelle, WV (RNL), VOR to the ARVON, VA, Fix (located 22
nautical miles southwest of the Gordonsville, VA (GVE), VORTAC). The
SHANE WP would replace the Rainelle VOR.
    Q-68: Q-68 is a high-altitude RNAV route that extends from the
LITTR, AR, WP to the OTTTO, VA, WP. The FAA proposes to amend Q-68 by
removing the Bowling Green, KY (BWG), DME from the route and replace it
with the RAMRD, KY, WP. The following points would be removed from the
description because they don't mark a turn point: SOPIE, TN, Fix;
YOCKY, KY, Fix; SPAYD, WV, Fix; and HHOLZ, WV, Fix. However, the points
will remain part of the route structure and will continue to be
depicted on the IFR En Route chart.

The full descriptions of the above routes are listed in the proposed
amendments to part 71 set forth below.
    These changes would provide RNAV routing to supplement VOR Federal
airways that will be impacted by the VOR MON program, and support the
transition to a more efficient Performance Based Navigation route
structure.
    Low altitude United States Area Navigation routes are published in
paragraph 6011, and high altitude United States Area Navigation Routes
are published in paragraph 2006, respectively, of FAA Order 7400.11F,
dated August 10, 2021, and effective September 15, 2021, which is
incorporated by reference in 14 CFR 71.1. The RNAV routes listed in
this document would be subsequently published in FAA Order JO 7400.11.

Regulatory Notices and Analyses

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

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

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

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

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11F, Airspace Designations and Reporting Points, dated August 10,
2021 and effective September 15, 2021, is amended as follows:

Paragraph 6011 United States Area Navigation Routes.

* * * * *

T-224 Palacios, TX (PSX) to Boston, MA (BOS) [Amended]

Palacios, TX (PSX)            VORTAC              (Lat. 28[deg]45'51.93'' N, long. 096[deg]18'22.25'' W)
MOLLR, TX                     WP                  (Lat. 29[deg]39'20.23'' N, long. 095[deg]16'35.83'' W)
SHWNN, TX                     WP                  (Lat. 29[deg]56'45.94'' N, long. 094[deg]00'57.73'' W)
WASPY, LA                     FIX                 (Lat. 30[deg]01'33.88'' N, long. 093[deg]38'50.45'' W)
KNZLY, LA                     WP                  (Lat. 30[deg]08'29.48'' N, long. 093[deg]06'19.37'' W)
DAFLY, LA                     WP                  (Lat. 30[deg]11'37.70'' N, long. 091[deg]59'33.94'' W)
KJAAY, LA                     WP                  (Lat. 30[deg]05'15.06'' N, long. 090[deg]35'19.73'' W)
SLIDD, LA                     FIX                 (Lat. 30[deg]09'46.08'' N, long. 089[deg]44'02.18'' W)
WTERS, MS                     WP                  (Lat. 30[deg]24'24.36'' N, long. 089[deg]04'37.04'' W)
LYNRD, AL                     WP                  (Lat. 30[deg]43'33.26'' N, long. 088[deg]21'34.07'' W)
AXEJA, AL                     FIX                 (Lat. 31[deg]02'32.36'' N, long. 087[deg]57'01.58'' W)
WIILL, AL                     WP                  (Lat. 31[deg]27'33.96'' N, long. 087[deg]21'08.62'' W)
MGMRY, AL                     WP                  (Lat. 32[deg]13'20.78'' N, long. 086[deg]19'11.24'' W)
GONDR, AL                     WP                  (Lat. 32[deg]22'01.98'' N, long. 085[deg]45'57.08'' W)
RSVLT, GA                     WP                  (Lat. 32[deg]36'55.43'' N, long. 085[deg]01'03.81'' W)
SINCA, GA                     FIX                 (Lat. 33[deg]04'52.28'' N, long. 083[deg]36'17.52'' W)
UGAAA, GA                     WP                  (Lat. 33[deg]56'51.32'' N, long. 083[deg]19'28.42'' W)
ECITY, SC                     WP                  (Lat. 34[deg]25'09.62'' N, long. 082[deg]47'04.58'' W)
STYLZ, NC                     WP                  (Lat. 35[deg]24'22.83'' N, long. 082[deg]16'07.01'' W)
BONZE, NC                     WP                  (Lat. 35[deg]52'09.16'' N, long. 081[deg]14'24.10'' W)
MCDON, VA                     WP                  (Lat. 36[deg]40'29.56'' N, long. 079[deg]00'52.03'' W)
NUTTS, VA                     FIX                 (Lat. 37[deg]04'34.16'' N, long. 078[deg]12'13.69'' W)
WAVES, VA                     WP                  (Lat. 37[deg]35'13.54'' N, long. 077[deg]26'52.03'' W)
TAPPA, VA                     FIX                 (Lat. 37[deg]58'12.66'' N, long. 076[deg]50'40.62'' W)
COLIN, VA                     FIX                 (Lat. 38[deg]05'59.23'' N, long. 076[deg]39'50.85'' W)
SHLBK, MD                     WP                  (Lat. 38[deg]20'16.21'' N, long. 076[deg]26'10.51'' W)
PRNCZ, MD                     WP                  (Lat. 38[deg]37'38.10'' N, long. 076[deg]05'08.20'' W)
Smyrna, DE (ENO)              VORTAC              (Lat. 39[deg]13'53.93'' N, long. 075[deg]30'57.49'' W)
JIIMS, NJ                     WP                  (Lat. 39[deg]32'15.62'' N, long. 074[deg]58'01.72'' W)
Coyle, NJ (CYN)               VORTAC              (Lat. 39[deg]49'02.42'' N, long. 074[deg]25'53.85'' W)
DIXIE, NJ                     FIX                 (Lat. 40[deg]05'57.72'' N, long. 074[deg]09'52.17'' W)
Kennedy, NY (JFK)             VOR/DME             (Lat. 40[deg]37'58.40'' N, long. 073[deg]46'17.00'' W)
KEEPM, NY                     FIX                 (Lat. 40[deg]50'14.77'' N, long. 073[deg]32'42.58'' W)
Calverton, NY (CCC)           VOR/DME             (Lat. 40[deg]55'46.63'' N, long. 072[deg]47'55.89'' W)
YANTC, CT                     WP                  (Lat. 41[deg]33'22.81'' N, long. 071[deg]59'56.95'' W)
Boston, MA (BOS)              VOR/DME             (Lat. 42[deg]21'26.82'' N, long. 070[deg]59'22.37'' W)

                                                  * * * * * * *
T-303 IRAKE, NC to Boston, MA (BOS) [New]

IRAKE, NC                     WP                  (Lat. 35[deg]41'31.44'' N, long. 077[deg]20'25.44'' W)
KOHLS, NC                     WP                  (Lat. 36[deg]22'17.76'' N, long. 076[deg]52'21.48'' W)
Norfolk, VA (ORF)             VORTAC              (Lat. 36[deg]53'30.86'' N, long. 076[deg]12'01.18'' W)
OUTLA, VA                     WP                  (Lat. 37[deg]20'45.48'' N, long. 075[deg]59'54.08'' W)
JAMIE, VA                     FIX                 (Lat. 37[deg]36'20.58'' N, long. 075[deg]57'48.81'' W)
Waterloo, DE (ATR)            VOR/DME             (Lat. 38[deg]48'35.32'' N, long. 075[deg]12'40.76'' W)
LEEAH, NJ                     FIX                 (Lat. 39[deg]15'39.27'' N, long. 074[deg]57'11.01'' W)

DIXIE, NJ                     FIX                 (Lat. 40[deg]05'57.72'' N, long. 074[deg]09'52.17'' W)
Kennedy, NY (JFK)             VOR/DME             (Lat. 40[deg]37'58.40'' N, long. 073[deg]46'17.00'' W)
Deer Park, NY (DPK)           VOR/DME             (Lat. 40[deg]47'30.30'' N, long. 073[deg]18'13.17'' W)
Madison, CT (MAD)             VOR/DME             (Lat. 41[deg]18'49.90'' N, long. 072[deg]41'31.93'' W)
Hartford, CT (HFD)            VOR/DME             (Lat. 41[deg]38'27.98'' N, long. 072[deg]32'50.70'' W)
GRAYM, MA                     FIX                 (Lat. 42[deg]06'04.27'' N, long. 072[deg]01'53.49'' W)
GRIPE, MA                     FIX                 (Lat. 42[deg]08'08.87'' N, long. 071[deg]54'32.47'' W)
Boston, MA (BOS)              VOR/DME             (Lat. 42[deg]21'26.82'' N, long. 070[deg]59'22.37'' W)

                                                  * * * * * * *
T-314 Kingston, NY (IGN) to Kennebunk, ME (ENE) [Amended]

Kingston, NY (IGN)            VOR/DME             (Lat. 41[deg]39'55.62'' N, long. 073[deg]49'20.01'' W)
PAWLN, NY                     WP                  (Lat. 41[deg]46'11.51'' N, long. 073[deg]36'02.64'' W)
SASHA, MA                     FIX                 (Lat. 42[deg]07'58.70'' N, long. 073[deg]08'55.39'' W)
Barnes, MA (BAF)              VORTAC              (Lat. 42[deg]09'43.05'' N, long. 072[deg]42'58.32'' W)
FAIDS, MA                     FIX                 (Lat. 42[deg]17'00.75'' N, long. 072[deg]30'33.91'' W)
Gardner, MA (GDM)             VOR/DME             (Lat. 42[deg]32'45.31'' N, long. 072[deg]03'29.48'' W)
MANCH, NH                     WP                  (Lat. 42[deg]52'12.03'' N, long. 071[deg]22'06.54'' W)
Kennebunk, ME (ENE)           VOR/DME             (Lat. 43[deg]25'32.42'' N, long. 070[deg]36'48.69'' W)

                                                  * * * * * * *
T-315 JARLO, WV to Burlington, VT (BTV) [Amended]

JARLO, WV                     WP                  (Lat. 38[deg]20'58.85'' N, long. 081[deg]46'11.68'' W)
SHANE, WV                     WP                  (Lat. 37[deg]58'31.15'' N, long. 080[deg]48'24.34'' W)
DBRAH, VA                     WP                  (Lat. 37[deg]20'34.14'' N, long. 080[deg]04'10.75'' W)
SPNKS, VA                     WP                  (Lat. 37[deg]17'21.31'' N, long. 079[deg]33'17.14'' W)
KONRD, VA                     WP                  (Lat. 37[deg]20'39.83'' N, long. 079[deg]01'33.27'' W)
CRUMB, VA                     FIX                 (Lat. 37[deg]28'09.44'' N, long. 078[deg]08'27.69'' W)
Flat Rock, VA (FAK)           VORTAC              (Lat. 37[deg]31'42.63'' N, long. 077[deg]49'41.59'' W)
WAVES, VA                     WP                  (Lat. 37[deg]35'13.54'' N, long. 077[deg]26'52.03'' W)
TAPPA, VA                     FIX                 (Lat. 37[deg]58'12.66'' N, long. 076[deg]50'40.62'' W)
COLIN, VA                     FIX                 (Lat. 38[deg]05'59.23'' N, long. 076[deg]39'50.85'' W)
SHLBK, MD                     WP                  (Lat. 38[deg]20'16.21'' N, long. 076[deg]26'10.51'' W)
PRNCZ, MD                     WP                  (Lat. 38[deg]37'38.10'' N, long. 076[deg]05'08.20'' W)
CHOPS, MD                     FIX                 (Lat. 38[deg]45'41.81'' N, long. 075[deg]57'36.18'' W)
COSHA, DE                     WP                  (Lat. 38[deg]57'57.57'' N, long. 075[deg]30'51.59'' W)
Atlantic City, NJ (ACY)       VORTAC              (Lat. 39[deg]27'21.15'' N, long. 074[deg]34'34.73'' W)
PANZE, NJ                     FIX                 (Lat. 39[deg]40'33.58'' N, long. 074[deg]10'05.45'' W)
DIXIE, NJ                     FIX                 (Lat. 40[deg]05'57.72'' N, long. 074[deg]09'52.17'' W)
Kennedy, NY (JFK)             VOR/DME             (Lat. 40[deg]37'58.40'' N, long. 073[deg]46'17.00'' W)
KEEPM, NY                     FIX                 (Lat. 40[deg]50'14.77'' N, long. 073[deg]32'42.58'' W)
TRANZ, NY                     FIX                 (Lat. 40[deg]51'31.95'' N, long. 073[deg]22'30.80'' W)
PUGGS, NY                     FIX                 (Lat. 40[deg]56'27.65'' N, long. 073[deg]13'47.73'' W)
EEGOR, CT                     WP                  (Lat. 41[deg]09'38.94'' N, long. 073[deg]07'27.66'' W)
Hartford, CT (HFD)            VOR/DME             (Lat. 41[deg]38'27.98'' N, long. 072[deg]32'50.70'' W)
DVANY, CT                     WP                  (Lat. 41[deg]51'44.56'' N, long. 072[deg]18'11.25'' W)
Gardner, MA (GDM)             VOR/DME             (Lat. 42[deg]32'45.31'' N, long. 072[deg]03'29.48'' W)
KEYNN, NH                     WP                  (Lat. 42[deg]47'39.99'' N, long. 072[deg]17'30.35'' W)
EBERT, VT                     FIX                 (Lat. 43[deg]32'58.08'' N, long. 072[deg]45'42.45'' W)
Burlington, VT (BTV)          VOR/DME             (Lat. 44[deg]23'49.58'' N, long. 073[deg]10'57.48'' W)

                                                  * * * * * * *
T-325 RAMRD, KY to Oshkosh, WI (OSH) [Amended]

RAMRD, KY                     WP                  (Lat. 36[deg]55'44.04'' N, long. 086[deg]26'36.58'' W)
RENRO, KY                     WP                  (Lat. 37[deg]28'50.53'' N, long. 086[deg]39'19.25'' W)
APALO, IN                     FIX                 (Lat. 38[deg]00'20.59'' N, long. 086[deg]51'35.27'' W)
JIBKA, IN                     WP                  (Lat. 39[deg]30'08.93'' N, long. 087[deg]16'26.74'' W)
SMARS, IL                     WP                  (Lat. 41[deg]07'38.18'' N, long. 088[deg]51'38.22'' W)
TRENM, IL                     WP                  (Lat. 41[deg]17'24.93'' N, long. 089[deg]00'27.53'' W)
START, IL                     WP                  (Lat. 41[deg]45'24.83'' N, long. 089[deg]00'21.81'' W)
GRIFT, IL                     WP                  (Lat. 42[deg]17'28.14'' N, long. 088[deg]53'41.42'' W)
DEBOW, WI                     WP                  (Lat. 42[deg]44'08.30'' N, long. 088[deg]50'48.92'' W)
LUNGS, WI                     WP                  (Lat. 43[deg]02'43.66'' N, long. 088[deg]56'54.86'' W)
HOMNY, WI                     WP                  (Lat. 43[deg]31'02.22'' N, long. 088[deg]39'40.15'' W)
Oshkosh, WI (OSH)             VORTAC              (Lat. 43[deg]59'25.56'' N, long. 088[deg]33'21.36'' W)

                                                  * * * * * * *

T-360 SHANE, WV to WAVES, VA [New]

SHANE, WV                     WP                  (Lat. 37[deg]58'31.15'' N, long. 080[deg]48'24.34'' W)
OBEPE, VA                     FIX                 (Lat. 37[deg]54'23.03'' N, long. 079[deg]13'21.04'' W)
ROMAN, VA                     FIX                 (Lat. 37[deg]48'12.67'' N, long. 078[deg]46'03.24'' W)
ARVON, VA                     FIX                 (Lat. 37[deg]41'13.95'' N, long. 078[deg]21'58.75'' W)
WAVES, VA                     WP                  (Lat. 37[deg]35'13.54'' N, long. 077[deg]26'52.03'' W)

                                                  * * * * * * *

Paragraph 2006 United States Area Navigation Routes.

* * * * *

Q-68 LITTR, AR to OTTTO, VA [Amended]

LITTR, AR                     WP                  (Lat. 34[deg]40'39.90'' N, long. 092[deg]10'49.26'' W)
RAMRD, KY                     WP                  (Lat. 36[deg]55'44.04'' N, long. 086[deg]26'36.58'' W)
Charleston, WV (HVQ)          VOR/DME             (Lat. 38[deg]20'58.83'' N, long. 081[deg]46'11.69'' W)
TOMCA, WV                     WP                  (Lat. 38[deg]34'42.49'' N, long. 080[deg]36'41.09'' W)
RONZZ, WV                     WP                  (Lat. 38[deg]33'16.08'' N, long. 080[deg]07'56.63'' W)
CAPOE, VA                     WP                  (Lat. 38[deg]51'13.13'' N, long. 078[deg]22'27.45'' W)
OTTTO, VA                     WP                  (Lat. 38[deg]51'15.81'' N, long. 078[deg]12'20.01'' W)

                                                  * * * * * * *

    Issued in Washington, DC, on August 4, 2022.
Scott M. Rosenbloom,
Manager, Airspace Rules and Regulations.
[FR Doc. 2022-17207 Filed 8-12-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 185 (Tuesday, September 28, 2021)]
[Notices]
[Page 53724]
[FR Doc No: 2021-20996]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. 2021-0007]

Petition for Exemption; Summary of Petition Received; Ohana Drone

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

ACTION: Notice.

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

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

DATES: Comments on this petition must identify the petition docket
number and must be received on or before October 18, 2021.

ADDRESSES: Send comments identified by docket number FAA-2021-0043
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation, 1200 New Jersey Avenue SE, Room W12-140,
West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to http://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Sean O'Tormey, telephone number 202-
267-4044, Office of Rulemaking, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC.
Timothy R. Adams,
Acting Executive Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2021-0043.
    Petitioner: Ohana Drone.
    Sections of 14 CFR Affected: Sec. Sec.  61.3(a)(1)(i), 91.7(a),
91.119(c), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1),
91.409(a)(2), 91.417(a), 91.417(b), 137.19(c), 137.19(d),
137.19(e)(2)(ii), 137.19(e)(2)(iii), 137.19(e)(2)(v), 137.31, 137.33,
137.41(c), and 137.42.
    Description of Relief Sought: Ohana Drone is petitioning to operate
two unmanned aircraft systems (UAS) simultaneously by a single pilot
with each UAS weighing over 55 pounds, but no more than 97.2 pounds,
for the purposes of vegetation control for electrical utility,
pipeline, and railroad right of ways as well as row crop applications.
Ohana Drone is petitioning to conduct these UAS operations at night and
closer than 500 feet from vessels, vehicles, and structures.

[FR Doc. 2021-20996 Filed 9-27-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 44 (Friday, March 6, 2015)]
[Notices]
[Page 12247]
[FR Doc No: 2015-05332]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2015-09]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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

SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of 14 CFR. The purpose of this notice is to
improve the public's awareness of, and participation in, this aspect of
FAA's regulatory activities. Neither publication of this notice nor the
inclusion or omission of information in the summary is intended to
affect the legal status of the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number involved and must be received on or before March 26, 2015.

ADDRESSES: You may send comments identified by Docket Number FAA-2015-
0232 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477).
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mark Forseth, ANM-113, Federal
Aviation Administration, 1601 Lind Avenue SW., Renton, WA 98057-3356,
phone<PHONE_NUMBER>, email<EMAIL_ADDRESS>or Sandra Long, ARM-
200, Office of Rulemaking, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591, phone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on February 26, 2015.
Brenda D. Courtney,
Acting Director, Office of Rulemaking.

Petition For Exemption

    Docket No.: FAA-2015-0232.
    Petitioner: Airbus SAS.
    Section of 14 CFR Affected: 14 CFR 25.841(a)(2) and (3).
    Description of Relief Sought: The petitioner seeks relief from the
requirements regarding decompression events due to uncontained engine-
rotor failure for Airbus Models A319-171n, A319-151n, A320-271n, A320-
251n, A321-271n, and A321-251n, collectively referred to as the Model
A320NEO family of aircraft.
[FR Doc. 2015-05332 Filed 3-5-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: November 29, 2005 (Volume 70, Number 228)]
[Proposed Rules]
[Page 71446-71447]
[DOCID:fr29no05-16]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R04-OAR-2005-GA-0005-200537; FRL-8003-4]

Approval and Promulgation of Implementation Plans; Georgia:
Approval of Revisions to the State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing a correction to the State Implementation Plan
(SIP) for the State of Georgia regarding the State's general
``nuisance'' rule. EPA has determined that this rule, Georgia Rule 391-
3-1.02(2)(a)1, was erroneously incorporated into the SIP. EPA is
proposing to remove this rule from the approved Georgia SIP because the
rule is not related to the attainment and maintenance of the national
ambient air quality standards (NAAQS).

DATES: Written comments must be received on or before December 29,
2005.

ADDRESSES: Submit your comments, identified by Regional Material in
EDocket (RME) ID No. R04-OAR-2005-GA-0005, by one of the following
methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow

the on-line instructions for submitting comments.
    2. Agency Web site: http://docket.epa.gov/rmepub/ RME, EPA's

electronic public docket and comment system, is EPA's preferred method
for receiving comments. Once in the system, select ``quick search,''
then key in the appropriate RME Docket identification number. Follow
the on-line instructions for submitting comments.
    3. E-mail<EMAIL_ADDRESS>    4. Fax:<PHONE_NUMBER>.
    5. Mail: ``R04-OAR-2005-GA-0005'', Regulatory Development Section,
Air Planning Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960.
    6. Hand Delivery or Courier. Deliver your comments to: Sean
Lakeman, Regulatory Development Section, Air Planning Branch, Air,
Pesticides and Toxics Management Division 12th floor, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960. Such deliveries are only accepted during
the Regional Office's normal hours of operation. The Regional Office's
official hours of business are Monday through Friday, 8:30 to 4:30,
excluding Federal holidays.
    Instructions: Direct your comments to RME ID No. R04-OAR-2005-GA-
0005. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
http://docket.epa.gov/rmepub/, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through RME, regulations.gov,
or e-mail. The EPA RME Web site and the federal regulations.gov Web
site are ``anonymous access'' systems, which means EPA will not know
your identity or contact information unless you provide it in the body
of your comment. If you send an e-mail comment directly to EPA without
going through RME or regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of

encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the
RME index at http://docket.epa.gov/rmepub/. Although listed in the

index, some information is not publicly available, i.e., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically in RME
or in hard copy at the Regulatory Development Section, Air Planning
Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 4:30, excluding
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Sean Lakeman, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. The telephone number is (404)
562-9043. Mr. Lakeman can also be reached via electronic mail at
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION: The first significant amendments to the CAA
occurred in 1970 and 1977. Following these amendments, a large number
of SIPs were submitted to EPA to fulfill new federal requirements. In
many cases, states and districts submitted their entire programs,
including many elements not required pursuant to the Act. Due to
resource constraints during this timeframe, EPA's review of these
submittals focused primarily on the required technical, legal, and
enforcement elements of the submittals. At the time, EPA did not
perform a detailed review of the numerous provisions submitted to
determine if each provision was related to the attainment and
maintenance of the NAAQS. However, provisions approved as part of
states' SIPs should generally be related to attainment and maintenance
of the NAAQS, consistent with the authority in section 110 of the Act
under which these plans are approved by EPA.
    During the process of responding to a recent citizen petition of a
title V operating permit in Georgia, EPA determined that a provision of
the State's rules, approved as part of the SIP on January 3, 1980, (45
FR 780), is not related to the attainment and maintenance of the NAAQS.
This State rule, ``Georgia Air Quality Control Rule 391-3-
1-.02(2)(a)1,'' is a general nuisance provision. In addition, Georgia
has never used this rule as part of a federal air quality standard
attainment or maintenance plan. Georgia has also not relied on or
attributed any emission reductions from this rule to any such plans
(October 31, 2005, e-mail from Ron Methier, Georgia Environmental
Protection Division, to Dick Schutt, U.S. Environmental Protection
Agency). For these reasons, EPA's 1980 approval of this provision into
the Georgia SIP was in error and EPA is, therefore, proposing to remove
the provision from the approved SIP under the authority of section
110(k)(6) of the Act. Section 110(k)(6) provides: ``Whenever the
Administrator determines that the Administrator's action approving,
disapproving, or promulgating any plan or plan revision (or part
thereof), area designation, redesignation, classification, or
reclassification was in error, the Administrator may in the same manner
as the approval, disapproval, or promulgation revise such action as
appropriate without requiring any further submission from the State.
Such determination and the basis thereof shall be provided to the State
and public.''

Proposed Action

    Since the State's ``nuisance'' provision is not directed at the
attainment and maintenance of the NAAQS, EPA has found that its prior
approval of this particular rule (into the SIP) was in error.
Consequently, in order to correct this error, EPA is proposing to
remove Georgia Rule 391-3-1-.02(2)(a)1 from the approved Georgia SIP
pursuant to section 110(k)(6) of the Act and to codify this deletion by
revising the appropriate paragraph under 40 CFR part 52, subpart L,
Sec.  52.570 (Identification of Plan).

Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed action is not a ``significant regulatory action'' and
therefore is not subject to review by the Office of Management and
Budget. For this reason, this action is also not subject to Executive
Order 13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This
proposed action merely proposes to remove an erroneously approved State
rule from the SIP and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this proposed rule will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this rule proposes to remove an
erroneously approved State rule from the SIP and does not impose any
additional enforceable duty beyond that required by State law, it 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).
    This proposed rule also does not have tribal implications because
it will 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, as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000). This action also does not
have Federalism implications because it does not have substantial
direct effects 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, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999). This action
merely proposes to remove an erroneously approved State rule from the
SIP, and does not alter the relationship or the distribution of power
and responsibilities established in the Clean Air Act. This proposed
rule also is not subject to Executive Order 13045 ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.
This proposed rule does not impose an information collection burden
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Lead, Nitrogen dioxide, Ozone, Particulate matter, Sulfur oxides,
Volatile organic compounds.

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

    Dated: November 21, 2005.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 05-23417 Filed 11-28-05; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 168 (Wednesday, August 31, 2022)]
[Rules and Regulations]
[Pages 53375-53377]
[FR Doc No: 2022-18843]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0641]
RIN 1625-AA00

Safety Zone; Firework Event, Willamette River, Portland, OR

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of the Willamette River. This action is necessary to
provide for the safety of life on these navigable waters between the
Marquam Bridge to Hawthorne Bridge, Portland, Oregon, during a
fireworks display on the evening of September 3, 2022. This regulation
prohibits persons and vessels from being in the safety zone unless
authorized by the Captain of the Port Columbia River or a designated
representative.

DATES: This rule is effective from 8:30 p.m. to 10 p.m. on September 3,
2022.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0641 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this
rulemaking, call or email LT Sean Murphy, Waterways Management
Division, Marine Safety Unit Portland, U.S. Coast Guard; telephone 503-
240-9319, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Columbia River
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On July 19, 2022, the Oregon Symphony notified the Coast Guard that
it will be conducting a fireworks display from 9 to 9:30 p.m. on
September 3, 2022. The fireworks are to be launched from a barge in the
Willamette River between Marquam Bridge and Hawthorne Bridge, Portland,
Oregon. In response, on August 3, 2022, the Coast Guard published a
notice of proposed rulemaking (NPRM) titled Safety Zone; Firework
Event, Willamette River, Portland, OR (87 FR 47659). There we stated
why we issued the NPRM and invited comments on our proposed regulatory
action related to this fireworks display. During the comment period
that ended August 19, 2022, we received no comments.
    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. Delaying the effective date of
this rule would be impracticable and contrary to the public interest
because immediate action is needed to protect persons and vessels from
the safety hazards associated with the planned fireworks display on
September 3, 2022.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Columbia
River (COTP) has determined that potential hazards associated with the
fireworks to be used in this September 3, 2022 display will be a safety
concern for anyone within a 300-yard radius of the barge. The purpose
of this rule is to ensure safety of vessels and the navigable waters in
the safety zone before, during, and after the scheduled event.

IV. Discussion of the Rule

    As noted above, we received no comments on our NPRM published
August 3, 2022. There are no changes in the regulatory text of this
rule from the proposed rule in the NPRM.
    This rule establishes a safety zone from 8:30 p.m. to 10 p.m. on
September 3, 2022. The safety zone covers all navigable waters within a
300-yard radius of a barge in the Willamette River located between the
Marquam Bridge and Hawthorne Bridge, Portland, OR. 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 will be permitted to enter the
safety zone without obtaining permission from the COTP or a designated
representative.

V. 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 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. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
    This regulatory action determination is based on the size,
location, and duration, of the safety zone. The safety zone created by
this rule is designed to minimize its impact on navigable waters. This
rule prohibits entry into certain navigable waters of the Willamette
River and is not anticipated to exceed two hours in duration. Thus,
restrictions on vessel movement within that particular area are
expected to be minimal. Moreover, under certain conditions vessels may
still transit through the safety zone when permitted by the COTP. The
Coast Guard will issue a Broadcast Notice to Mariners via VHF-FM marine
channel 16 about the zone and the rule allows 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 received no comments from the Small Business
Administration on this 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.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    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 affects your small
business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    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.

C. Collection of Information

    This rule does 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 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 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.

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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(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 a
safety zone lasting 1.5 hours that would prohibit entry within 300
yards of a fireworks barge. Normally such actions are categorically
excluded from further review under paragraph L60(a) of Appendix A,
Table 1 of DHS Instruction

Manual 023-01-001-01, Rev. 1. A Record of Environmental Consideration
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.

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:  46. U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.

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2. Add Sec.  165.T13-0641 to read as follows:

Sec.  165.T13-0641   Safety Zone; Willamette River, Portland, OR.

    (a) Location. The following area is a safety zone: All navigable
waters of the Willamette River, from surface to bottom, in a 300-yard
radius from the fireworks barge located between the Marquam Bridge and
Hawthorne Bridge, Portland, OR.
    (b) Definitions. As used in this section--
    Designated representative means a Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty officer, or other officer
operating a Coast Guard vessel and a Federal, State, and local officer
designated by or assisting the Captain of the Port Columbia River
(COTP) in the enforcement of the regulations in this section.
    (c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's
representative by calling<PHONE_NUMBER> or the Sector Columbia River
Command Center on Channel 16 VHF-FM. Those in the safety zone must
comply with all lawful orders or directions given to them by the COTP
or the designated representative.
    (3) The COTP will provide advanced notice of the regulated area via
broadcast notice to mariners and by on-scene designated
representatives.
    (d) Enforcement period. This section will be enforced from 8:30
p.m. to 10 p.m. on September 3, 2022. It will be subject to enforcement
this entire period unless the COTP determines it is no longer needed,
in which case the Coast Guard will inform mariners via Notice to
Mariners.

    Dated: August 24, 2022.
M. Scott Jackson,
Captain, U.S. Coast Guard, Captain of the Port Columbia River.
[FR Doc. 2022-18843 Filed 8-30-22; 8:45 am]
BILLING CODE 9110-04-P