October 14, 2003 James Eddinger Combustion Group Emission Standards Division Office of Air Quality Planning and Standards US Environmental Protection Agency Research Triangle Park, NC 27711 Dear Jim:

At the meeting between ACC and EPA earlier this year, you had requested any available information on the number of individual boilers and process heaters by size and fuel type on typical major HAP source plant sites or what would be typical for regulated sectors. The attached Excel file provides summarized information received based on my request to a fairly broad distribution among industrial association contacts.

The responses received were very limited and varied significantly by type of installation and service. It is recognized that this is truly a limited sampling of the universe, but it may provide some insight into the range of sources distributed on major source sites. There are some cell notes in the spreadsheet to provide additional detail.

During the ACC/ EPA meeting, you also requested any available information on variation in operating parameters with unit load. The only response for information relating to that request was one confirmation that wet gas scrubber pressure drop decreased with load due to lower gas flow rate. This made alternative monitoring based on maintaining the pressure drop measured at the initial performance test problematic since that performance testing was conducted at or near maximum load. However, no specific data was provided. The approach going forward in that case was to rely on the manufacturer's recommendation for pressure drop vs load for setting alternative monitoring parameter guidelines.

I apologize for the delay in providing this information and hope it can be of some value in your rulemaking process. Please contact me with any questions or if you desire further clarification or additional information.

Best regards,

John C. deRuyter Principal Consultant Phone: ( 302) 774 2603 Fax: ( 302) 774 5276 Email: john. c. deruyter@ usa. dupont. com CC: Bob Morehouse ExxonMobil Lorraine Krupa Gershman ACC DuET DuPont Engineering Technology Energy Engineering 1007 Market St., Brandywine 6202 Wilmington, DE 19898


[Federal Register Volume 83, Number 72 (Friday, April 13, 2018)]
[Proposed Rules]
[Page 16027]
[FR Doc No: 2018-07326]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 60, 61, and 63

[EPA-R06-OAR-2016-0091; FRL-9975-92-Region 6]

New Source Performance Standards and National Emission Standards
for Hazardous Air Pollutants; Delegation of Authority to New Mexico

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The New Mexico Environment Department (NMED has submitted
updated regulations for receiving delegation and approval of a program
for the implementation and enforcement of certain New Source
Performance Standards (NSPS) and National Emission Standards for
Hazardous Air Pollutants (NESHAP) for all sources (both Title V and
non-Title V sources). These updated regulations apply to certain NSPS
promulgated by the EPA at part 60, as amended between September 24,
2013 and January 15, 2017; certain NESHAP promulgated by the EPA at
part 61, as amended between January 1, 2011 and January 15, 2017; and
other NESHAP promulgated by the EPA at part 63, as amended between
August 30, 2013 and January 15, 2017, as adopted by the NMED. The
delegation of authority under this action does not apply to sources
located in Bernalillo County, New Mexico or to sources located in
Indian Country. The EPA is providing notice that it is updating the
delegation of certain NSPS to NMED and proposing to approve the
delegation of certain NESHAP to NMED.

DATES: Written comments should be received on or before May 14, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2016-0091, at http://www.regulations.gov or via email to
[email protected]. For additional information on how to submit
comments see the detailed instructions in the ADDRESSES section of the
direct final rule located in the rules section of this issue of the
Federal Register.

FOR FURTHER INFORMATION CONTACT: Mr. Rick Barrett (6MM-AP), (214) 665-
7227; email: [email protected].

SUPPLEMENTARY INFORMATION: In the final rules section of this issue of
the Federal Register, the EPA is approving NMED's request for
delegation of authority to implement and enforce certain NSPS and
NESHAP for all sources (both Title V and non-Title V sources). NMED has
adopted certain NSPS and NESHAP by reference into New Mexico's state
regulations. In addition, the EPA is waiving certain notification
requirements required by the delegated standards so that sources will
only need to notify and report to NMED, thereby avoiding duplicative
notification and reporting to the EPA.
    The EPA is taking direct final action without prior proposal
because the EPA views this as a noncontroversial action and anticipates
no relevant adverse comments. A detailed rationale for the approval is
set forth in the direct final rule. If no relevant adverse comments are
received in response to this action, no further activity is
contemplated. If the EPA receives relevant adverse comments, the direct
final rule will be withdrawn, and all public comments received will be
addressed in a subsequent final rule based on this proposed rule. The
EPA will not institute a second comment period. Any parties interested
in commenting should do so at this time.
    For additional information, see the direct final rule which is
located in the rules section of this issue of the Federal Register.

    Dated: March 22, 2018.
Wren Stenger,
Director, Multimedia Division, Region 6.
[FR Doc. 2018-07326 Filed 4-12-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 52 (Tuesday, March 17, 2020)]
[Notices]
[Pages 15161-15163]
[FR Doc No: 2020-05571]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Sunshine Act Meeting Notice

    The following notice of meeting is published pursuant to section
3(a) of the government in the Sunshine Act (Pub. L. 94-409), 5 U.S.C.
552b:
    Agency Holding Meeting: Federal Energy Regulatory Commission.
    Date and Time: March 19, 2020, 10:00 a.m.
    Place: Room 2C, 888 First Street NE, Washington, DC 20426, Open to
the public via Webcast only.\1\
---------------------------------------------------------------------------

    \1\ A free webcast of this event is available through
www.ferc.gov. Anyone may view this event via the internet by
navigating to www.ferc.gov Calendar of Events and locating this
event in the Calendar. This event will contain a link to the
webcast. Members of the media who have Capitol Hill accreditation,
or who represent media outlets that regularly follow FERC, can
attend this meeting but must pre-register at https://www.ferc.gov/whats-new/registration/03-19-20-form.asp.
---------------------------------------------------------------------------

    Status: Open.
    Matters to be Considered: Agenda, * NOTE--Items listed on the
agenda may be deleted without further notice.
    Contact Person for More Information: Kimberly D. Bose, Secretary,
Telephone<PHONE_NUMBER>.

    For a recorded message listing items struck from or added to the
meeting, call<PHONE_NUMBER>.
    This is a list of matters to be considered by the Commission. It
does not include a listing of all documents relevant to the items on
the agenda. All public documents, however, may be viewed on line at the
Commission's website at http://ferc.capitolconnection.org/ using the
eLibrary link, or may be examined in the Commission's Public Reference
Room.

                      1066th Meeting--Open Meeting
                      [March 19, 2020, 10:00 a.m.]
------------------------------------------------------------------------
   Item No.                Docket No.                     Company
------------------------------------------------------------------------
                             Administrative
------------------------------------------------------------------------
A-1..........  AD20-1-000........................  Agency Administrative
                                                    Matters.
A-2..........  AD20-2-000........................  Customer Matters,
                                                    Reliability,
                                                    Security and Market
                                                    Operations.
A-3..........  AD06-3-000........................  Market Update.
------------------------------------------------------------------------
                                Electric
------------------------------------------------------------------------
E-1..........  RM20-10-000.......................  Electric Transmission
                                                    Incentives Policy
                                                    Under Section 219 of
                                                    the Federal Power
                                                    Act.
E-2..........  ER19-1965-000, ER19-1965-001......  Alcoa Power
                                                    Generating Inc.
E-3..........  ER19-1887-000, ER19-1887-001......  Emera Maine.
E-4..........  ER19-1961-000, ER19-1961-002......  GridLiance High
                                                    Plains LLC.
E-5..........  ER19-1936-000, ER19-1936-001......  Idaho Power Company.
E-6..........  ER19-1951-000.....................  ISO New England Inc.
                                                    and Participating
                                                    Transmission Owners
                                                    Administrative
                                                    Committee.
E-7..........  ER19-1904-000.....................  Nevada Power Company.
E-8..........  ER19-1947-000, ER19-1947-001......  Puget Sound Energy,
                                                    Inc.
E-9..........  ER19-2112-000.....................  Sky River LLC.
E-10.........  ER19-2233-000, ER19-2233-001......  Smoky Mountain
                                                    Transmission LLC.
E-11.........  ER19-2165-001.....................  Western Interconnect
                                                    LLC.
E-12.........  OMITTED                             .....................
E-13.........  OMITTED                             .....................
E-14.........  ER18-462-001......................  Midcontinent
                                                    Independent System
                                                    Operator, Inc.
E-15.........  ER11-4081-006.....................  Midwest Independent
                                                    Transmission System
                                                    Operator, Inc.
E-16.........  ER17-1138-002, ER17-1138-003......  PJM Interconnection,
                                                    L.L.C.
E-17.........  ER19-1952-000.....................  ISO New England Inc.,
                                                    New England Power
                                                    Pool Participants
                                                    Committee, and
                                                    Participating
                                                    Transmission Owners
                                                    Administrative
                                                    Committee.
E-18.........  RM20-11-000.......................  Reporting of
                                                    Transmission
                                                    Investments.
E-19.........  ER20-681-000,.....................  Tri-State Generation
                                                    and Transmission
                                                    Association, Inc.
               ER20-682-000......................  Thermo Cogeneration
                                                    Partnership, L.P.
E-20.........  ER20-676-000, ER20-683-000, ER20-   Tri-State Generation
                683-001, EL20-26-000.               and Transmission
                                                    Association, Inc.
E-21.........  ER20-686-000, ER20-688-000, ER20-   Tri-State Generation
                688-001, ER20-726-000. ER20-728-    and Transmission
                000, EL20-25-000.                   Association, Inc.
E-22.........  ER20-689-000, ER20-690-000, ER20-   Tri-State Generation
                691-000, ER20-691-001, ER20-693-    and Transmission
                000, ER20-694-000, ER20-694-001,    Association, Inc.
                ER20-695-000, ER20-695-001, ER20-
                772-000, ER20-782-000, ER20-872-
                000, ER20-970-000.
E-23.........  EL20-16-000.......................  Tri-State Generation
                                                    and Transmission
                                                    Association, Inc.
E-24.........  OMITTED                             .....................
E-25.........  ER20-855-000......................  Midcontinent
                                                    Independent System
                                                    Operator, Inc.
E-26.........  ER20-170-000, ER20-170-001........  Midcontinent
                                                    Independent System
                                                    Operator, Inc.
E-27.........  EL15-70-002.......................  Public Citizen, Inc.
                                                    v. Midcontinent
                                                    Independent System
                                                    Operator, Inc.
               EL15-71-002.......................  The People of the
                                                    State of Illinois By
                                                    Illinois Attorney
                                                    General Lisa Madigan
                                                    v. Midcontinent
                                                    Independent System
                                                    Operator, Inc.
               EL15-72-002.......................  Southwestern Electric
                                                    Cooperative, Inc. v.
                                                    Midcontinent
                                                    Independent System
                                                    Operator, Inc.,
                                                    Dynegy, Inc. and
                                                    Sellers of Capacity
                                                    into Zone 4 of the
                                                    2015-2016 MISO
                                                    Planning Resource
                                                    Auction.

E-28.........  OMITTED                             .....................
E-29.........  TX19-1-000........................  Mountain Breeze Wind,
                                                    LLC.
E-30.........  EL15-55-003.......................  Modesto Irrigation
                                                    District and Turlock
                                                    Irrigation District
                                                    v. Pacific Gas and
                                                    Electric Company
E-31.........  ER20-629-000......................  NYC ENERGY LLC.
------------------------------------------------------------------------
                                  Hydro
------------------------------------------------------------------------
H-1..........  P-14991-001.......................  Premium Energy
                                                    Holdings, LLC.
H-2..........  P-606-027, P-606-037..............  Pacific Gas and
                                                    Electric Company.
H-3..........  P-2800-050........................  Essex Company, LLC.
------------------------------------------------------------------------
                              Certificates
------------------------------------------------------------------------
C-1..........  CP19-78-000.......................  PennEast Pipeline
                                                    Company, LLC.
C-2..........  CP19-475-000......................  Gulfstream Natural
                                                    Gas System, L.L.C.
C-3..........  CP19-474-000......................  Florida Gas
                                                    Transmission
                                                    Company, LLC.
C-4..........  CP19-125-000......................  Gulf South Pipeline
                                                    Company, LP.
C-5..........  CP20-1-000........................  ANR Pipeline Company.
C-6..........  CP18-485-001......................  Texas Eastern
                                                    Transmission, LP and
                                                    Transcontinental Gas
                                                    Pipe Line Company,
                                                    LLC.
               CP18-505-001......................  Texas Eastern
                                                    Transmission, LP.
C-7..........  CP17-495-000......................  Jordan Cove Energy
                                                    Project L.P.
               CP17-494-000......................  Pacific Connector Gas
                                                    Pipeline, LP.
------------------------------------------------------------------------

    Issued: March 12, 2020.
Kimberly D. Bose,
Secretary.

    A free webcast of this event is available through http://ferc.capitolconnection.org/. Anyone with internet access who desires to
view this event can do so by navigating to www.ferc.gov's Calendar of
Events and locating this event in the Calendar. The event will contain
a link to its webcast. The Capitol Connection provides technical
support for the free webcasts. It also offers access to this event via
television in the DC area and via phone bridge for a fee. If you have
any questions, visit http://ferc.capitolconnection.org/ or contact
Shirley Al-Jarani at<PHONE_NUMBER>.
    Immediately following the conclusion of the Commission Meeting, a
press briefing will be held in the Commission Meeting Room. Members of
the public may view this briefing in the designated overflow room. This
statement is intended to notify the public that the press briefings
that follow Commission meetings may now be viewed remotely at
Commission headquarters, but will not be telecast through the Capitol
Connection service.

[FR Doc. 2020-05571 Filed 3-13-20; 11:15 am]
 BILLING CODE 6717-01-P


[Federal Register: October 17, 2006 (Volume 71, Number 200)]
[Notices]
[Page 61036]
[DOCID:fr17oc06-76]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP07-10-000]

East Tennessee Natural Gas, LLC; Notice of Proposed Changes in
FERC Gas Tariff

October 11, 2006.
    Take notice that on October 6, 2006, East Tennessee Natural Gas,
LLC (East Tennessee) tendered for filing as part of its FERC Gas
Tariff, Third Revised Volume No. 1, the tariff sheets listed in
Appendix A of the filing, to be effective November 6, 2006.
    East Tennessee states that copies of its filing have been mailed to
all affected customers and interested state 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 on-line 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. E6-17212 Filed 10-16-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 21 (Tuesday, February 1, 2011)]
[Notices]
[Page 5571]
[FR Doc No: 2011-2098]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings No. 2

January 20, 2011.
    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP10-1321-001.
    Applicants: Freebird Gas Storage, L.L.C.
    Description: Freebird Gas Storage, L.L.C. submits tariff filing per
154.203: Freebird Gas Storage Baseline Tariff to be effective 9/21/
2010.
    Filed Date: 01/20/2011.
    Accession Number: 20110120-5000.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 01, 2011.

    Docket Numbers: RP10-1324-001.
    Applicants: Arlington Storage Company, LLC.
    Description: Arlington Storage Company, LLC submits tariff filing
per 154.203: ASC Baseline Compliance Filing, to be effective 1/19/2011.
    Filed Date: 01/19/2011.
    Accession Number: 20110119-5103.
    Comment Date: 5 p.m. Eastern Time on Monday, January 31, 2011.

    Docket Numbers: RP10-1369-001.
    Applicants: Guardian Pipeline, L.L.C.
    Description: Guardian Pipeline, L.L.C. submits tariff filing per
154.203: Guardian Agreement Baseline Compliance to be effective 10/1/
2010.
    Filed Date: 01/20/2011.
    Accession Number: 20110120-5039.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 01, 2011.

    Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing 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. Such protests
must be filed on or before 5 p.m. Eastern time on the specified comment
date. Anyone filing a protest must serve a copy of that document on all
the parties to the proceeding.
    The Commission encourages electronic submission of protests 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 to the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    This filing is accessible on-line 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>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-2098 Filed 1-31-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: May 2, 2008 (Volume 73, Number 86)]
[Proposed Rules]
[Page 24187]
[DOCID:fr02my08-24]

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

40 CFR Part 52

[EPA-R03-OAR-2007-1146; FRL-8561-3]

Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Transportation Conformity Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA proposes to approve the State Implementation Plan (SIP)
revision submitted by West Virginia for Transportation Conformity
Requirements. In the Final Rules section of this Federal Register, EPA
is approving the State's SIP submittal as a direct final rule without
prior proposal because the Agency views this as a noncontroversial
submittal and anticipates no adverse comments. A detailed rationale for
the approval is set forth in the direct final rule. If no adverse
comments are received in response to this action, no further activity
is contemplated. If EPA receives adverse comments, the direct final
rule will be withdrawn and all public comments received will be
addressed in a subsequent final rule based on this proposed rule. EPA
will not institute a second comment period. Any parties interested in
commenting on this action should do so at this time.

DATES: Comments must be received in writing by June 2, 2008.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2007-1046 by one of the following methods:
    A. http://www.regulations.gov. Follow the on-line instructions for
submitting comments.
    B. E-mail<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2007-1146, Carol Febbo, Chief, Energy,
Radiation and Indoor Environment, Mailcode 3AP23, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103.
    D. Hand Delivery: At the previously listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2007-1146. 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://www.regulations.gov, 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 http://
www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, 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 http://www.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
http://www.regulations.gov index. 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 http://
www.regulations.gov or in hard copy during normal business hours at the
Air Protection Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the
State submittal are available at the West Virginia Department of
Environmental Protection, Division of Air Quality, 601 57th Street,
SE., Charleston, WV 25304.

FOR FURTHER INFORMATION CONTACT: Martin Kotsch,<PHONE_NUMBER>, or by
e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: For further information, please see the
information provided in the direct final action, with the same title,
that is located in the ``Rules and Regulations'' section of this
Federal Register publication.

    Dated: April 15, 2008.
William T. Wisniewski,
Acting Regional Administrator, Region III.
[FR Doc. E8-9611 Filed 5-1-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 16 (Thursday, January 24, 2013)]
[Rules and Regulations]
[Pages 5137-5140]
[FR Doc No: 2013-01412]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-1071]
RIN 1625-AA00

Safety Zone; Monongahela River, Charleroi, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for
all waters between mile 40.5 and mile 42.5 on the Monongahela River.
The safety zone is needed to protect construction workers and vessels
transiting the area from the hazards associated with demolition
operation being conducted on a guard wall upstream of Lock and Dam 4
near Charleroi, PA. Entry into, movement within, and departure from
this Coast Guard Safety Zone, while it is activated and enforced, is
prohibited, unless authorized by the Captain of the Port Pittsburgh or
a designated representative.

DATES: This rule is effective in the CFR on January 24, 2013 through
5:00 p.m. on March 1, 2013. This rule is effective with actual notice
for purposes of enforcement at 7:00 a.m. on January 9, 2013. This rule
will remain in effect through 5:00 p.m. on March 1, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2012-1071. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket

number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket
Folder on the line associated with this rulemaking. You may also visit
the Docket Management Facility in Room W12-140 on the ground floor of
the Department of Transportation West Building, 1200 New Jersey Avenue
SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MSTC Chris Blank, Marine Safety Unit Pittsburgh, U.S.
Coast Guard; telephone<PHONE_NUMBER> ext. 2108, email
<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

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

A. Regulatory History and Information

    The Coast Guard is issuing this final rule without prior notice and
opportunity to comment pursuant to authority under section 4(a) of the
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule. The Coast Guard received notice for this
event on January 3, 2013 which does not allow for the NPRM process.
After full review of the event information and location, the Coast
Guard determined that a safety zone is necessary. Publishing a NPRM
would be impracticable and would unnecessarily delay the immediate
action that is needed to protect the public from the possible hazards
associated with demolition operation being conducted on a guard wall
upstream of Lock and Dam 4 that will occur in Charleroi, PA. Delaying
the demolition operation to provide a notice and comment period before
effecting this safety zone is also impracticable, as it would impede
the flow of commercial river traffic and interfere with contractual
obligations based on the demolition operations.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Providing 30 days notice would
unnecessarily delay the effective date, be impracticable, and contrary
to public interest because immediate action is needed to protect the
public from the possible hazards associated with demolition operation
being conducted on a guard wall upstream of Lock and Dam in Charleroi,
PA.

B. Basis and Purpose

    The Joseph B. Fay Company has been contracted by the Army Corps of
Engineers to conduct demolition operations that include four to seven
explosive blasts between January 9, 2013 and March 1, 2013 to remove an
1100 foot section of guard wall upstream of Lock and Dam 4 in
Charleroi, PA. This event poses hazardous conditions on the river and
additional safety measures to ensure vessel and mariner safety are
required in the form of a safety zone.
    The legal basis and authorities for this rule are found in 33
U.S.C. 1231, 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Public Law 107-295, 116 Stat.
2064; and Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to establish and define
regulatory safety zones.

C. Discussion of the Final Rule

    The Coast Guard is establishing a temporary safety zone for all
waters between mile 40.5 and 42.5 on the Monongahela River. Vessels
shall not enter into, depart from, or move within this safety zone
without permission from the Captain of the Port Pittsburgh or her
designated representative. Persons or vessels requiring entry into or
passage through a safety zone must request permission from the Captain
of the Port Pittsburgh, or a designated representative. They may be
contacted on VHF-FM Channel 13 or 16, or through Coast Guard Sector
Ohio Valley at<PHONE_NUMBER>. This rule will become effective at 7:00
a.m. on January 9, 2013 and remain in effect until 5 p.m. on March 1,
2013, but will only be enforced during intermittent periods that will
be announced by broadcast notices to mariners with as much advanced
notice as possible. Due to the unpredictability of the Monongahela
River, weather and river forecasts will be used to determine the most
suitable conditions for demolition operations. Advanced notice will be
given to the maximum extent possible, but despite best efforts, the
safety zone may be established with minimal notice when ideal work
conditions are identified. The Captain of the Port Pittsburgh will
inform the public and maritime industry through broadcast notice to
mariners of the enforcement periods and changes to the safety zone and
its enforcement.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. Although this rule will
be effective from January 9, 2013 until March 1, 2013, unless
demolition operation are completed sooner, it will only be enforced for
a limited time periods during days scheduled for demolition operations.
By enforcing this safety zone for limited periods of time throughout
the effective period, marine traffic will not be significantly
impacted. Entry into or passage through the safety zone will be
considered on a case-by-case basis by the Captain of the Port
Pittsburgh or designated representative. Notification of, and changes
to, the enforcement period will be made via broadcast notice to
mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The 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 rule
will not have a significant economic impact on a substantial number of
small entities.
    This rule will affect the following entities, some of which may be
small entities: the owners or operators of vessels intending to transit
that portion of the waterways between mile 40.5 and mile 42.5 on the
Monongahela River

during the enforcement period. This safety zone will not have a
significant economic impact on a substantial number of small entities
because the enforcement periods will be for a limited duration, less
than two hours, intermittently throughout the effective period.

3. Assistance for Small Entities

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

4. Collection of Information

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

5. Federalism

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

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

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

12. Energy Effects

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

13. Technical Standards

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

14. Environment

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add Sec.  165.T08-1071 to read as follows:

Sec.  165.T08-1071  Safety Zone; Monongahela River, Charleroi, PA.

    (a) Location. The following area is a safety zone: All waters from
mile 40.5 and 42.5 on the Monongahela River.
    (b) Effective date. This rule is effective from 7 a.m. on January
9, 2013 until 5 p.m. on March 1, 2013.
    (c) Periods of enforcement. This rule will be enforced
intermittently during the effective period when demolition operations
are being conducted on a guard wall upstream of Lock and Dam 4. The
timing of demolition operations is dependent on contractor
availability, river forecast, and observed weather. The Captain of the
Port Pittsburgh will inform the public of the enforcement

periods and any changes through broadcast notice to mariners.
    (d) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port Pittsburgh.
    (2) Persons or vessels requiring entry into or passage through a
safety zone must request permission from the Captain of the Port
Pittsburgh or a designated representative. They may be contacted on
VHF-FM Channel 13 or 16, or through Coast Guard Sector Ohio Valley at
1-800-253-7465.
    (3) All persons and vessels shall comply with the instructions of
the Captain of the Port Pittsburgh and designated on-scene U.S. Coast
Guard patrol personnel. On-scene U.S. Coast Guard patrol personnel
includes Commissioned, Warrant, and Petty Officers of the U.S. Coast
Guard.

    Dated: January 8, 2013.
Lindsay N. Weaver,
Commander, U.S. Coast Guard, Captain of the Port, Pittsburgh.
[FR Doc. 2013-01412 Filed 1-23-13; 8:45 am]
BILLING CODE 9110-04-P