[Federal Register Volume 76, Number 123 (Monday, June 27, 2011)]
[Proposed Rules]
[Pages 37300-37307]
[FR Doc No: 2011-16010]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 98

[EPA-HQ-OAR-2011-0417; FRL-9323-3]
RIN 2060-AP99

Mandatory Reporting of Greenhouse Gases: Petroleum and Natural
Gas Systems: Revisions to Best Available Monitoring Method Provisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to amend certain provisions related to best
available monitoring methods in regulations for Petroleum and Natural
Gas Systems of the Greenhouse Gas Reporting Rule. Specifically, EPA is
proposing to extend the time period during which owners and operators
of covered facilities would be permitted to use best available
monitoring methods during 2011 without submitting a request to the
Administrator for approval. In addition, EPA is proposing to expand the
list of types of emissions sources for which owners and operators would
not be required to submit a request to the Administrator to use best
available monitoring methods for 2011 and extend the deadline by which
owners and operators of covered facilities would request use of best

available monitoring methods for beyond 2011. These proposed amendments
are in response to a request for reconsideration of specific
provisions.

DATES: Comments. Comments must be received on or before July 27, 2011,
unless a public hearing is held, in which case comments must be
received on or before August 11, 2011.
    Public Hearing. A public hearing will be held if requested. To
request a hearing, please contact the person listed in the following
FOR FURTHER INFORMATION CONTACT section by July 5, 2011. If requested,
the hearing will be conducted on July 12, 2011, in the Washington, DC
area. EPA will provide further information about the hearing on its
webpage if a hearing is requested.

ADDRESSES: You may submit your comments, identified by docket ID No.
EPA-HQ-OAR-2011-0417 by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>Include Docket ID No. EPA-HQ-OAR-2011-0417 in the subject
line of the message.
     Fax:<PHONE_NUMBER>.
     Mail: Environmental Protection Agency, EPA Docket Center
(EPA/DC), Mailcode 28221T, Attention Docket ID No. EPA-HQ-OAR-2011-
0147, 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
     Hand/Courier Delivery: EPA Docket Center, Public Reading
Room, EPA West Building, Room 3334, Attention Docket ID No. EPA-HQ-OAR-
2011-0147, 1301 Constitution Avenue, NW., Washington, DC 20004. 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-HQ-OAR-
2011-0417, Mandatory Reporting of Greenhouse Gases: Petroleum and
Natural Gas Systems. 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 docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available for viewing at the
EPA Docket Center. Publicly available docket materials are available
either electronically in http://www.regulations.gov or in hard copy at
the EPA Docket Center, EPA/DC, EPA West Building, Room 3334, 1301
Constitution Ave., NW., Washington, DC. This Docket Facility is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the Air Docket is (202) 566-
1742.

FOR FURTHER INFORMATION CONTACT: Carole Cook, Climate Change Division,
Office of Atmospheric Programs (MC-6207J), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone
number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>    Worldwide Web (WWW). In addition to being available in the docket,
an electronic copy of today's proposal will also be available through
the WWW. Following the Administrator's signature, a copy of this action
will be posted on EPA's greenhouse gas reporting rule Web site at
http://www.epa.gov/climatechange/emissions/ghgrulemaking.html.
    Additional information on Submitting Comments. To expedite review
of your comments by Agency staff, you are encouraged to send a separate
copy of your comments, in addition to the copy you submit to the
official docket, to Carole Cook, U.S. EPA, Office of Atmospheric
Programs, Climate Change Division, Mail Code 6207-J, Washington, DC
20460, telephone<PHONE_NUMBER>, e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Organization of this document. The information presented in this
preamble is organized as follows:

I. General Information
    A. Does this action apply to me?
    B. Acronyms and Abbreviations
II. Background
III. Proposed Amendments to 40 CFR part 98
IV. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations

I. General Information

A. Does this action apply to me?

    These are proposed amendments to optional methods under an existing
regulation. If finalized, these amended regulations could affect owners
or operators of petroleum and natural gas systems. Regulated categories
and entities include those listed in Table 1 of this preamble:

           Table 1--Examples of Affected Entities by Category
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                                                   Examples of affected
           Source category              NAICS           facilities
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Petroleum and Natural Gas Systems...     486210  Pipeline transportation
                                                  of natural gas.

                                         221210  Natural gas
                                                  distribution
                                                  facilities.
                                            211  Extractors of crude
                                                  petroleum and natural
                                                  gas.
                                         211112  Natural gas liquid
                                                  extraction facilities.
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    Table 1 of this preamble is not intended to be exhaustive, but
rather provides a guide for readers regarding facilities likely to be
affected by this action. Although Table 1 of this preamble lists the
types of facilities of which EPA is aware that could be potentially
affected by this action, other types of facilities not listed in the
table could also be affected. To determine whether you are affected by
this action, you should carefully examine the applicability criteria
found in 40 CFR part 98, subpart W or the relevant criteria in the
sections related to petroleum and natural gas systems. If you have
questions regarding the applicability of this action to a particular
facility, consult the person listed in the preceding FOR FURTHER
INFORMATION CONTACT section.

B. Acronyms and Abbreviations

    The following acronyms and abbreviations are used in this document.
API American Petroleum Institute
AXPC American Exploration & Production Council
BAMM best available monitoring methods
CAA Clean Air Act
CBI confidential business information
CEC Chesapeake Energy Corporation
CFR Code of Federal Regulations
EO Executive Order
EPA U.S. Environmental Protection Agency
FR Federal Register
GHG greenhouse gas
IBR incorporation by reference
ICR information collection request
ISO International Organization for Standardization
MRR mandatory GHG reporting rule
OMB Office of Management and Budget
RFA Regulatory Flexibility Act
RIA Regulatory Impact Analysis
SBA Small Business Administration
SBREFA Small Business Regulatory Enforcement and Fairness Act
U.S. United States
UMRA Unfunded Mandates Reform Act of 1995
USC United States Code

II. Background

    The EPA published Subpart W: Petroleum and Natural Gas Systems of
the Greenhouse Gas Reporting Rule on November 30, 2010, 40 CFR part 98,
subpart W (75 FR 74458) (subpart W). Included in the final rule were
new provisions that were added in response to comments on the proposal
allowing owners or operators the option of using best available
monitoring methods (BAMM) for specified parameters in 40 CFR 98.233.
    As stated in the preamble to the 2009 final rule (74 FR 56260), CAA
section 114 provides EPA broad authority to require the information
required to be gathered under subpart W. As discussed in the preamble
to the initial proposed rule (74 FR 16448, April 10, 2009), CAA section
114(a)(1) authorizes the Administrator to require emissions sources,
persons subject to the CAA, manufacturers of control or process
equipment, or persons whom the Administrator believes may have
necessary information to monitor and report emissions and provide such
other information the Administrator requests for the purposes of
carrying out any provision of the CAA. For further information about
EPA's legal authority, see the preamble to the April 2009 (74 FR 16448)
proposal and October 2010 (74 FR 56260) final rules for the Mandatory
Reporting of Greenhouse Gases.
    Following the publication of subpart W in the Federal Register,
several industry groups requested reconsideration of several provisions
in the final rule, including the provisions for BAMM. In a follow up
action, EPA granted reconsideration and extended specific BAMM
deadlines in a rule that was promulgated on April 25, 2011 (76 FR
22825).
    In further response to that request for reconsideration of specific
BAMM provisions, EPA is seeking comment on several proposed amendments
to the BAMM provisions in this proposal, including extension of the
time period during which owners and operators of covered facilities
with emissions sources listed in 40 CFR 98.234(f)(2), (f)(3), (f)(4),
and (f)(5)(iv) would be permitted to use BAMM during calendar year 2011
without having to request approval from the Administrator.
Additionally, EPA is seeking comment on the proposed amendment to the
BAMM provisions beyond 2011 outlined in this proposal which includes an
initial submission of a notice of intent to request use of BAMM beyond
2011 followed by a submission of a BAMM request consistent with 40 CFR
98.234(f)(8)(ii) to the Administrator for approval to use BAMM beyond
2011.

III. Proposed Amendments to 40 CFR Part 98

    Subpart W of the GHG reporting rule includes provisions allowing
owners and operators of covered facilities to use BAMM in lieu of
specified data input requirements for determining greenhouse gas
emissions in certain circumstances for specified emissions sources.
Methods that constitute BAMM are: Supplier data; monitoring methods
currently used by the facility that do not meet the specifications of a
relevant subpart; engineering calculations; and/or other company
records. When using BAMM, the owner or operator must use the equations
and calculation methods set forth in 40 CFR 98.233, but may use BAMM to
estimate the parameters in the equations as specified in the rule.
    EPA carefully evaluated each emissions source outlined in subpart
W, and the required calculation methodologies for determining
greenhouse gas emissions from that emissions source. Based on this
evaluation, EPA has identified the specific emission sources for which
the use of BAMM would be appropriate. Those emission sources are
categorized into the following four groups.
    Well-related emissions. This group of emissions sources includes
those well-related data that cannot reasonably be measured according to
the monitoring and QA/QC requirements of subpart W such as well
testing, venting, and flaring, for example.
    Specified activity data. This group includes those activity data
that cannot reasonably be obtained according to the monitoring and QA/
QC requirements specified in subpart W such as cumulative hours of
venting, days, or times of operation, for example.
    Leak Detection and Measurement. This group includes those sources
of emissions that require leak detection and/or measurement such as the
measurement of equipment leaks from valves and connectors.
    Unique or Unusual Circumstances. These circumstances include
emission sources not covered under the previous three categories for
which the owner or operator of a covered facility is facing unique or
unusual circumstances, such as data collection methods that do not meet
safety regulations, technical

infeasibility such as a compressor never having maintenance during the
calendar year rendering the installation of a port or meter difficult,
or legal issues rendering them unable to meet the requirements of
subpart W.
    EPA is proposing the following amendments to subpart W:

     Best available monitoring methods for well-related
emissions. EPA is proposing to extend the time period for use of
BAMM without EPA approval, by three months, such that owners and
operators of facilities with emissions sources listed in 40 CFR
98.234(f)(2) would not be required to request approval by the
Administrator to use BAMM between January 1, 2011 and December 31,
2011.
     Best available monitoring methods for specified
activity data. EPA is proposing to extend the time period for use of
BAMM without EPA approval, by three months, such that owners and
operators of facilities with emissions sources listed in 40 CFR
98.234(f)(3) would not be required to request approval by the
Administrator to use BAMM between January 1, 2011 and December 31,
2011.
     Best available monitoring methods for leak detection
and measurement. EPA is proposing to allow owners and operators of
facilities with emissions sources listed in 40 CFR 98.234(f)(4) to
use BAMM between January 1, 2011 and December 31, 2011 without
having to request approval from the Administrator.
     Best available monitoring methods for unique or unusual
circumstances. EPA is proposing to allow owners and operators of
facilities with emissions sources listed in 40 CFR 98.234(f)(5)(iv)
to use BAMM between January 1, 2011 and December 31, 2011 without
having to request approval from the Administrator.
     Best available monitoring methods for use beyond
December 31, 2011. EPA is proposing to revise the introductory
sentence in 40 CFR 98.234(f)(8) by removing reference to extreme
circumstances. In addition, EPA is proposing to amend 40 CFR
98.234(f)(8)(i) such that owners and operators of facilities with
emissions sources listed in 40 CFR 98.234(f)(8) may submit a notice
of intent to submit a request for BAMM beyond 2011 to EPA by
December 31, 2011. Facilities that submit a BAMM request consistent
with 40 CFR 98.234(f)(8)(ii) by March 30, 2012 who have also
submitted a notice of intent by December 31, 2011 would
automatically be granted BAMM through June 30, 2012. Facilities
which submit such a notice of intent but do not follow up with a
BAMM request by March 30, 2012 would not be allowed to use BAMM
after December 31, 2011.

    Following promulgation of subpart W on November 30, 2010, industry
groups sought reconsideration of several provisions in the final rule,
including the provisions allowing owners and operators of facilities
with emissions sources listed in 40 CFR 98.234(f)(2), (f)(3),(f)(4),
and (f)(5)(iv) to use BAMM.
    By letter dated January 31, 2011, Chesapeake Energy Corporation
(CEC) and the American Exploration & Production Council (AXPC) stated
that ``BAMM should be allowed without EPA approval for entities
reporting under subpart W for the entire first reporting year 2011 and
for all data necessary to conduct the calculations required under the
rule.'' Also, by letter dated January 31, 2011, the American Petroleum
Institute (API) stated that ``[u]pon reconsideration, API requests that
EPA provide pre-approval for (1) leak detection and measurement * * *''
and also ``[u]pon reconsideration, API requests that EPA allow BAMM to
be used for the onshore production sector and activity data categories
through December 31, 2011.''
    EPA met with several trade associations and companies that own or
operate facilities subject to subpart W. During those meetings, several
companies requested an extension of the BAMM provisions in order to
complete initial equipment inventories and to secure internal resources
to report data to EPA in accordance with the rule requirements. In
particular, companies stated that a large number of data points that
are necessary to determine greenhouse gas emissions using the
calculation methodologies outlined in subpart W are not currently
tracked by internal company data systems and may not be managed by the
company in such a way that would enable those data to be readily
reported to EPA in a timely manner.
    By letter dated May 3, 2011 API submitted information to EPA
regarding the number of sources for which information must be
collected. The letter states that ``[g]iven the extraordinary scope of
Subpart W--both the hundreds of thousands of discrete sites and sources
whose emissions must be quantified and reported and their broad
geographic dispersion--compliance with the monitoring and reporting
deadlines and the deadlines to apply for approval to extend the use of
BAMM are not only unrealistic but infeasible.'' The letter further
states that ``[t]he Onshore Petroleum and Natural Gas Production
segment of the Petroleum and Natural Gas Systems source category
(Onshore Production) alone covers hundreds of thousands [emphasis in
original] of well sites along with tens of thousands of sites
``associated with a well pad'' (which is not defined or discussed in
the rule). These sites are widely dispersed across hundreds of
thousands of square miles in all of the oil and gas producing basins
across the United States. The seven additional industry segments
subject to subpart W extend this coverage to tens of thousands of
additional offshore platforms, onshore sites and facilities, and
natural gas distribution sites. Within each of these industry segments,
subpart W mandates that reporters monitor and determine emissions from
multiple source types; for example, the Onshore Production portion of
the rule covers 22 distinct source types. Each of these source types
requires the collection of a broad variety of information, data points,
analyses, models, and/or measurements to determine emissions and submit
emission reports.''
    The letter also states that ``[t]he problems created by the large
number of facilities that are subject to the rule are exacerbated by
their wide geographic distribution. Unlike a chemical plant or a
refinery, oil and natural gas operations are spread out over huge
geographic areas and are typically not staffed at all times. Often
there is no electricity, difficult access, and little existing
infrastructure or communications ability at these disparate locations.
Given this geographic dispersion of oil and natural gas facilities,
installation of any additional equipment, monitors, and/or data
acquisition and transmitting systems will be very challenging. Even
traveling to each of these sites requires significant time and effort.
When this is combined with the specific monitoring methods demanded by
the rule, reporters cannot realistically meet the rule's BAMM extension
application deadlines or have the full suite of required monitoring and
recordkeeping systems in place by September 30.''
    For example, companies that own or operate facilities subject to
subpart W, such as API members, and as discussed in API's May 3, 2011
correspondence, the data collection systems that would be necessary to
collect and process the numerous inputs required for subpart W are very
complex. Because of the extensive, inter-related, complex nature of
these data collection systems, many companies described the need for
automatic BAMM for emissions sources that fall under 40 CFR
98.234(f)(5)(iv). For some sources, it would be nearly impossible to
gauge in advance the exact nature of the BAMM that would be needed; for
example, if one specific tank pressure measurement was not available
and an alternate method was required to be used, a company or facility
may not have had advance knowledge of that need and may not have
prepared a specific BAMM request for that alternate measurement by the
BAMM application deadline.
    Because EPA did not include specific BAMM provisions in the
proposed rule

for subpart W (75 FR 18609), companies did not have the opportunity to
comment on BAMM timelines and how those timelines would affect their
facilities. Therefore, after evaluating the information provided, EPA
has concluded that it is appropriate to propose extending the time
period, to December 31, 2011, that owners and operators of covered
facilities would be allowed to use BAMM without having to submit a
request for approval from the Administrator. EPA believes these
proposed amendments to the BAMM provisions are appropriate in order to
provide sufficient time for companies to collect, prepare and submit
data to EPA during the initial year of reporting.
    In this action, EPA is proposing to amend 40 CFR part 98 subpart W
to allow facilities with the emissions sources listed in 40 CFR
98.234(f)(2), (f)(3), (f)(4), and (f)(5)(iv) to automatically use BAMM,
without EPA approval, for the entire 2011 reporting year.
    We are also proposing to amend 40 CFR 98.234(f)(8) for owners and
operators who want to request to use BAMM beyond 2011. In this
proposal, owners or operators requesting to use BAMM beyond 2011 are
required to electronically notify EPA by December 31, 2011 that they
intend to apply for BAMM for unique or unusual circumstances such as
data collection methods that do not meet safety, technical, or legal
issues rendering them unable to meet the requirements of subpart W.
Owners or operators must submit the full extension request for BAMM by
March 30, 2012. The full extension request must include a list of
specific source categories and parameters at the facility for which the
owner or operator is seeking to use BAMM. The full request must also
include a description of the unique or unusual circumstances, including
data collection methods that do not meet safety regulations, methods
that are technically infeasible, or specific laws or regulations that
conflict with each specific source for which BAMM is being requested.
In addition, the full request must include supporting documentation of
how and when the owner or operator will come into full compliance with
subpart W, including but not limited to acquiring necessary services or
equipment to comply with all of subpart W reporting requirements. The
contents of the full BAMM request for post 2011 remain unchanged from
the 2010 final rule (75 FR 74508) with the exception that we are
clarifying in this proposal that the circumstances under which BAMM may
be requested beyond 2011 are not limited to concerns about safety,
technical infeasibility or instances where meeting monitoring
requirements under subpart W would conflict with specific laws or
regulations. Other unique or unusual circumstances may be appropriate
for requesting BAMM, if properly demonstrated. We are seeking comment
only on these amendments to 40 CFR 98.234(f)(8)(iv) which we have
proposed to change and not other elements of the post 2011 BAMM
process.
    Further, we would note that the notice of intent, due December 31,
2011 to request BAMM post 2011 is intended for known issues (e.g., a
monitoring requirement in the rule is counter to another federal, state
or local regulation). EPA does not intend for the proposed amendments
to 40 CFR 98.234(f)(8) to lead to a submission of a notification of
intent and a subsequent BAMM request consistent with 40 CFR
98.234(f)(8)(ii) by a facility to cover that facility in the event that
the facility might need BAMM in a future year (sometimes referred to as
a ``protective filing''). Submission of a BAMM request for these
possible future issues (e.g, newly acquired operations) is covered
under 40 CFR 98.234(f)(1), which states ``EPA reserves the right to
review petitions after the deadline but will only consider and approve
late petitions which demonstrate extreme or unusual circumstances.''
EPA recognizes that it is not reasonable to predict all potential
future issues and, as such, reserves the right to consider those BAMM
requests in future years, without the reporter's having to notify EPA
by the December 31, 2011 notification of intent deadline described in
40 CFR 98.234(f)(8).
    Once the owner or operator has notified EPA, by December 31, 2011,
of their intent to apply for BAMM and has subsequently submitted a full
extension request, by March 30, 2012, they can automatically use BAMM
for the specific parameters identified in their request through June
30, 2012, regardless of the final determination by EPA on approval or
denial of the BAMM request. This automatic extension would be necessary
because under the proposed rule, facilities would have only been
granted automatic BAMM through December 31, 2011. For facilities that
are requesting BAMM for beyond 2011, BAMM must be extended
automatically to provide EPA the time to review thoroughly the BAMM
requests submitted for beyond 2011, while ensuring that the requesting
facilities are not out of compliance with the rule during that review
process. The owners and operators who apply for BAMM beyond 2011 must
follow the requirements as stated in subpart W by July 1, 2012, unless
EPA approves their BAMM extension request (due March 30, 2012). Under
the proposal, facilities that submit a notice of intent but do not
follow up with a BAMM request consistent with 40 CFR 98.234(f)(8)(ii)
by March 30, 2012 cannot use BAMM after December 31, 2011.
    EPA is seeking comment on these proposed deadlines for BAMM beyond
2011. EPA recognizes that there may be additional concerns related to
BAMM for post 2011 that were raised in the petitions for
reconsideration. Although EPA is aware of these concerns, we are not
proposing amendments related to these concerns at this time. We are
seeking comments only on the proposal to extend the BAMM deadlines (for
both 2011 and post 2011) and to clarify that BAMM may be sought for
unique or unusual (as opposed to ``extreme'') circumstances, including
data collection methods that do not meet safety regulations, technical
infeasibility and instances where subpart W monitoring requirements
would conflict with regulations.
    EPA is also re-numbering several paragraphs that were incorrectly
numbered. 40 CFR 98.234(f)(8)(iii) is re-designated as 40 CFR
98.234(f)(8)(ii)(A). 40 CFR 98.234(f)(8)(iv) is re-designated as 40 CFR
98.234(f)(8)(ii)(B). 40 CFR 98.234(f)(8)(v) is re-designated as 40 CFR
98.234(f)(8)(ii)(C). 40 CFR 98.234(f)(8)(v)(C) is re-designated as 40
CFR 98.234(f)(8)(iii).
    The Administrator has determined that this action is subject to the
provisions of Clean Air Act (CAA) section 307(d). See CAA section
307(d)(1)(V)(the provisions of section 307(d) apply to ``such other
actions as the Administrator may determine'').

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under Executive Orders 12866 and 13563
(76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act

    This action does not impose any new information collection burden.
These amendments affect provisions in the rule related to best
available monitoring methods, which is an optional provision and is not
mandatory. Furthermore, the proposed amendments would

significantly reduce the administrative burden on industry by removing
the requirement to make a formal application to use best available
monitoring methods in 2011. However, the Office of Management and
Budget (OMB) has previously approved the information collection
requirements contained in the existing regulations, 40 CFR part 98
subpart W (75 FR 74458), under the provisions of the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq. and has assigned OMB control
number [2060-0651]. The OMB control numbers for EPA's regulations in 40
CFR are listed in 40 CFR part 9. The ICR number for 40 CFR part 98,
subpart W is 2376.03.

C. Regulatory Flexibility Act

    The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small organizations, and small
governmental jurisdictions.
    For purposes of assessing the impacts of this proposed rule on
small entities, small entity is defined as: (1) A small business as
defined by the Small Business Administration's regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
    After considering the economic impacts of today's proposed rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. In
determining whether a rule has a significant economic impact on a
substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, since the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the rule on small entities.'' 5 U.S.C. 603 and 604.
Thus, an agency may certify that a rule will not have a significant
economic impact on a substantial number of small entities if the rule
relieves regulatory burden, or otherwise has a positive economic effect
on all of the small entities subject to the rule.
    Based on these proposed amendments, certain companies would be
granted additional time to use BAMM during 2011 without being required
to submit an application for approval to the Administrator. In
addition, these proposed amendments increase the scope of the types of
companies who would be granted the option to use BAMM in 2011 without
being required to submit an application for approval to the
Administrator. Finally, companies who choose to request BAMM for 2012
and beyond would be given additional time by which they would be
required to submit their application to the EPA Administrator for
approval. We have therefore concluded that these proposed amendments
will relieve regulatory burden for all affected small entities. We
continue to be interested in the potential impacts of the proposed rule
on small entities and welcome comments on issues related to such
impacts.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2
U.S.C. 1531-1538, requires Federal agencies, unless otherwise
prohibited by law, to assess the effects of their regulatory actions on
State, local, and Tribal governments and the private sector. Federal
agencies must also develop a plan to provide notice to small
governments that might be significantly or uniquely affected by any
regulatory requirements. The plan must enable officials of affected
small governments to have meaningful and timely input in the
development of EPA regulatory proposals with significant Federal
intergovernmental mandates and must inform, educate, and advise small
governments on compliance with the regulatory requirements.
    The proposed rule amendments do not contain a Federal mandate that
may result in expenditures of $100 million or more for State, local,
and tribal governments, in the aggregate, or the private sector in any
one year. Thus, the proposed rule amendments are not subject to the
requirements of section 202 and 205 of the UMRA. This rule is also not
subject to the requirements of section 203 of UMRA because it contains
no regulatory requirements that might significantly or uniquely affect
small governments.
    The proposed amendments will not impose any new requirements that
are not currently required for 40 CFR part 98, and the rule amendments
would not unfairly apply to small governments. Therefore, this action
is not subject to the requirements of section 203 of the UMRA.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will 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.
    These amendments apply to an optional provision in the final rule
for subpart W, which applies to petroleum and natural gas facilities
that emit greenhouse gases. Few, if any, State or local government
facilities would be affected. This regulation also does not limit the
power of States or localities to collect GHG data and/or regulate GHG
emissions. Thus, Executive Order 13132 does not apply to this action.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). The proposed
rule amendments would not result in any changes to the current
requirements of 40 CFR part 98 subpart W. The amendments proposed in
this rule only apply to optional provisions in 40 CFR part 98 subpart
W. Thus, Executive Order 13175 does not apply to this action.
    Although Executive Order 13175 does not apply to this action, EPA
sought opportunities to provide information to Tribal governments and
representatives during the development of the rule for subpart W
promulgated on November 30, 2010. A summary of the EPA's consultations
with Tribal officials is provided in Sections VIII.D and VIII.F of the
preamble to the 2009 final rule and Section IV.F of the preamble to the
2010 final rule for subpart W (75 FR 74485).

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying only to those regulatory actions that concern health or
safety risks, such that the analysis required under section 5-501 of
the Executive Order has the potential to influence the regulation. This
action is not subject to Executive Order 13045 because it does not
establish an environmental standard intended to mitigate health or
safety risks.

H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28355,
May 22, 2001), because it is not a significant regulatory action under
Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. NTTAA directs EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards.
    This proposed rulemaking does not involve technical standards.
Therefore, EPA is not considering the use of any voluntary consensus
standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    EPA has determined that this proposed rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment because it is a rule addressing information collection and
reporting procedures.

List of Subjects in 40 CFR Part 98

    Environmental protection, Administrative practice and procedures,
Greenhouse gases, Air pollution control, Monitoring, Reporting and
recordkeeping requirements.

    Dated: June 20, 2011.
Lisa P. Jackson,
Administrator.

    For the reasons discussed in the preamble, EPA proposes to amend 40
CFR part 98 as follows:

PART 98--[AMENDED]

    1. The authority citation for part 98 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

Subpart W [Amended]

    2. Section 98.234 is amended as follows:
    a. By revising paragraph (f)(2) introductory text.
    b. By revising paragraph (f)(3) introductory text.
    c. By revising paragraph (f)(4) introductory text.
    d. By revising paragraph (f)(5).
    e. By removing and reserving paragraph (f)(6).
    f. By removing and reserving paragraph (f)(7).
    g. By revising paragraph (f)(8).
    The revisions read as follows:

Sec.  98.234  Monitoring and QA/QC Requirements

* * * * *
    (f) * * *
    (2) Best available monitoring methods for well-related emissions.
During January 1, 2011 through December 31, 2011, owners and operators
may use best available monitoring methods for any well-related data
that cannot reasonably be measured according to the monitoring and QA/
QC requirements of this subpart. These well-related sources are:
* * * * *
    (3) Best available monitoring methods for specified activity data.
During January 1, 2011 through December 31, 2011, owners or operators
may use best available monitoring methods for activity data as listed
below that cannot reasonably be obtained according to the monitoring
and QA/QC requirements of this subpart. These sources are:
* * * * *
    (4) Best available monitoring methods for leak detection and
measurement. During January 1, 2011 through December 31, 2011, owners
or operators may use best available monitoring methods for sources
requiring leak detection and/or measurement. These sources include:
* * * * *
    (5) Requests for the use of best available monitoring methods. (i)
No request or approval by the Administrator is necessary to use best
available monitoring methods between January 1, 2011 and December 31,
2011 for the sources specified in paragraph (f)(2) of this section.
    (ii) No request or approval by the Administrator is necessary to
use best available monitoring methods between January 1, 2011 and
December 31, 2011 for sources specified in paragraph (f)(3) of this
section.
    (iii) No request or approval by the Administrator is necessary to
use best available monitoring methods between January 1, 2011 and
December 31, 2011 for sources specified in paragraph (f)(4) of this
section.
    (iv) No request or approval by the Administrator is necessary to
use best available monitoring methods between January 1, 2011 and
December 31, 2011 for sources not listed in paragraph (f)(2), (f)(3),
and (f)(4) of this section.
    (6) [Reserved]
    (7) [Reserved]
    (8) Requests for extension of the use of best available monitoring
methods beyond 2011 for sources listed in paragraphs (f)(2), (f)(3),
(f)(4), and (f)(5)(iv) of this section. The owner or operator must
first provide the Administrator an initial electronic notification of
intent to submit an extension request for use of best available
monitoring methods beyond December 31, 2011 for unique or unusual
circumstances which include data collection methods that do not meet
safety regulations, a requirement being technically infeasible, or
counter to other local, State, or Federal regulations. The owner or
operator must follow-up this initial notification with an extension
request containing the information specified in 98.234(f)(8)(ii).
Facilities that submit both a timely notice of intent and extension
request consistent with 98.234(f)(8)(ii) can automatically use BAMM
through June 30, 2012, for the specific parameters identified in their
notification of intent and BAMM request regardless of whether the BAMM
request is ultimately approved. Facilities that submit a notice of
intent but do not follow up with a BAMM request by March 30, 2012
cannot automatically use BAMM after December 31, 2011.
    (i) Timing of Request. The initial electronic notice of intent to
request BAMM must be submitted by December 31, 2011. The completed
extension request must be submitted to the Administrator no later than
March 30, 2012.
    (ii) Content of request. Requests must contain the following
information:

    (A) A list of specific source categories and parameters for which
the owner or operator is seeking use of best available monitoring
methods.
    (B) A description of the unique or unusual circumstances, such as
data collection methods that do not meet safety regulations, technical
infeasibility, or specific laws or regulations that conflict with each
specific source for which an owner or operator is requesting use of
best available monitoring methodologies.
    (C) A detailed explanation and supporting documentation of how and
when the owner or operator will receive the services or equipment to
comply with all of this subpart W reporting requirements.
    (iii) Approval criteria. To obtain approval to use BAMM after June
30, 2012, the owner or operator must demonstrate to the Administrator's
satisfaction that the owner or operator faces unique or unusual
circumstances such as data collection methods that do not meet safety
regulations, technical infeasibility, or legal issues rendering them
unable to meet the requirements of this subpart.

[FR Doc. 2011-16010 Filed 6-24-11; 8:45 am]
BILLING CODE 6560-50-P


BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.  20590

In the matter of:

INTRA-ALASKA CLASS						        DOCKET 14694

SERVICE MAIL RATES						        DOCKET 14695

EQUALIZATION NOTICE OF ______________

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

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

[carrier name] equalizes its rates to the lowest rate, or combination of
rates, applicable in the markets it serves directly or by connection at
an intermediate point.

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

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

Respectfully submitted,


[Federal Register Volume 85, Number 83 (Wednesday, April 29, 2020)]
[Notices]
[Pages 23822-23823]
[FR Doc No: 2020-09027]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2003-0152; FRL-10005-68-OMS]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; Compliance Assurance Monitoring Program
(Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The U.S Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), Compliance Assurance Monitoring
Program (EPA ICR Number 1663.10, OMB Control Number 2060-0376) to the
Office of Management and Budget (OMB) for review and approval in
accordance with the Paperwork Reduction Act (PRA). This is a proposed
extension of the ICR, which is currently approved through June 30,
2020. Public comments were previously requested via the Federal
Register on August 26, 2019, during a 60-day comment period. This
document allows for an additional 30 days for public comments. A fuller
description of the ICR is given below, including its estimated burden
and cost to the public. An agency may not conduct or sponsor, and a
person is not required to respond to a collection of information unless
it displays a currently valid OMB control number.

DATES: Additional comments may be submitted on or before May 29, 2020.

ADDRESSES: Submit your comments to EPA, referencing Docket ID No. EPA-
HQ-OAR-2003-0152, online using www.regulations.gov (our preferred
method), by email to<EMAIL_ADDRESS>or by mail to: EPA Docket
Center, Environmental Protection Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW, Washington, DC 20460. EPA's policy is that all
comments received will be included in the public docket without change
including any personal information provided, unless the comment
includes profanity, threats, information claimed to be Confidential
Business Information (CBI), or other information whose disclosure is
restricted by statute.
    Submit written comments and recommendations to OMB for the proposed
information collection within 30 days of publication of this notice to
www.reginfo.gov/public/do/PRAMain. Find this particular information
collection by selecting ``Currently under 30-day Review--Open for
Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Mr. Muntasir Ali, Office of Air
Quality Planning and Standards, Sector Policies and Programs Division
(D243-05), U.S. Environmental Protection Agency, Research Triangle
Park, North Carolina 27711; telephone number:<PHONE_NUMBER>; and email
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents, which explain in
detail the information that the EPA will be collecting, are available
in the public docket for this ICR (Docket ID No. EPA-HQ-OAR-2003-0152).
The docket can be viewed online at https://www.regulations.gov/ or in
person at the EPA Docket Center, WJC West Building, Room 3334, 1301
Constitution Avenue NW, Washington, DC 20004. The telephone number for
the EPA Docket Center is<PHONE_NUMBER>. For additional information
about the EPA's public docket, visit https://www.epa.gov/dockets.
    Abstract: The Clean Air Act (CAA) contains several provisions
directing the EPA to require source owners to conduct monitoring to
support certification as to their status of compliance with applicable
requirements. Under CAA section 504(c), each operating permit must
``set forth inspection, entry, monitoring, compliance, certification
and reporting requirements to assure compliance with the permit terms
and conditions.'' See also CAA section 504(c) (each permit shall
require reporting of monitoring the EPA and such other conditions as
are necessary to assure compliance). CAA section 504(b) allows the EPA
to prescribe rules, methods, and procedures for determining compliance,
recognizing that continuous emissions monitoring systems need not be
required if other procedures or methods provide sufficiently reliable
and timely information for determining compliance. Section 114(a)(1) of
the CAA provides additional authority concerning monitoring, reporting,
and recordkeeping requirements. This section provides the Administrator
with the authority to require any owner/operator of a source to install
and to operate monitoring systems and to record the resulting
monitoring data. The EPA promulgated the Compliance Assurance
Monitoring (CAM) Rule, 40 CFR part 64, on October 22, 1997 (62 FR
54900), pursuant to these provisions. Per 64.9(2)(a), the collection of
information for monitoring will include: (1) Summary information on the
number, duration and cause (including unknown cause, if applicable) of
excursions or exceedances, as applicable, and the corrective actions
taken, (2) Summary information on the number, duration and cause
(including unknown cause, if applicable) for monitor downtime incidents
(other than downtime associated with zero and span or other daily
calibration checks, if applicable); and (3) a description of the
actions taken to implement a QIP during the reporting period as
specified in Sec.  64.8. Upon completion of a QIP, the owner or
operator shall include in the next summary report documentation that
the implementation of the plan has been completed and reduced the
likelihood of similar levels of excursions or exceedances occurring. In
accordance with CAA section 114(c) and CAA section 503(e), the
monitoring information source owners must submit must also be available
to the public except under circumstances set forth in section 114(c) of
the CAA.
    Form Numbers: None.
    Respondents/affected entities: Entities potentially affected by
this section are all facilities required to have an operating permit
under title V of the CAA. See section 502(a) of the CAA, which defines
the sources to obtain a title V permit. See also 40 CFR 70.2 and 71.2.
    Respondent's obligation to respond: Mandatory under title V of the
CAA. See section 502(a) of the CAA, which defines the sources required
to obtain a title V permit. See also 40 CFR 70.2 and 71.2.
    Estimated number of respondents: There are 21,448 pollutant-
specific emission units (PSEUs), and 117 permitting authorities.
Therefore, the estimated number of respondents is 21,565 (total).
    Frequency of response: At least every 6 months per title V, 40 CFR
70.6(a)(3)(iii)(A) and (B).
    Total estimated burden: 24,590 hours (per year). Burden is defined
at 5 CFR 1320.03(b).
    Total estimated cost: $999,211 (per year), includes $0 annualized
capital or operation and maintenance costs.
    Changes in the Estimates: There is a decrease of 26,490 hours in
the total estimated respondent burden compared with the ICR currently
approved by OMB. This decrease is due to an updated estimate of the
number of sources and permits subject to the 40 CFR part 70 programs (a
reduction of 1,768 permits), an increase in the number of permitting
authorities (an addition of one), a decrease in the number of CAM plan
renewal review

hours (a decrease of 5.5 hours per occurrence), and no new federal
mandates.

Courtney Kerwin,
 Director, Regulatory Support Division.
[FR Doc. 2020-09027 Filed 4-28-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: July 29, 2010 (Volume 75, Number 145)]
[Notices]
[Page 44841-44842]
[DOCID:fr29jy10-101]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Hazardous Materials: Special Permits and Approvals--Minimum Level
of Fitness Determinations; Public Meeting

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: Notice of public meeting.

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

SUMMARY: This notice is to advise interested persons that PHMSA will
conduct a public meeting to discuss Special Permit and Approval
applicant fitness determinations. PHMSA will hold a public meeting on
August 19, 2010, in Washington, DC, to provide interested persons with
an opportunity to submit oral comments and participate in discussions
concerning the criteria used when determining an applicant's minimum
level of fitness.

DATES: Public Meeting: August 19, 2010; starting at 9:30 a.m. and
ending by 3:30 p.m.

ADDRESSES: Public Meeting: The meeting will be held at the U.S. DOT
Headquarters, West Building, 1200 New Jersey Avenue, SE., Washington,
DC 20590. The main visitor's entrance is located in the West Building,
on New Jersey Avenue and M Street. Upon entering the lobby, visitors
must report to the security desk. Visitors should indicate that they
will be attending the Special Permit and Approval Applicant Fitness
Determinations Public Meeting and wait to be escorted to the meeting
location.
    Notification: Any person wishing to participate in the public
meeting should send an e-mail to<EMAIL_ADDRESS>and include their
name and contact information (Organization/Address/Telephone Number) no
later than the close of business on August 16, 2010. Providing this
information will facilitate the security screening process for entry
into the building on the day of the meeting.
    Conference Call Capability/Live Meeting Information: Conference
call-in and ``live meeting''capability will be provided for this
meeting. Specific information on the call-in and live meeting access
will be posted when available at: http://www.phmsa.dot.gov/hazmat.
    Documentation: Copies of documents for the Minimum Level of Fitness
public meeting and the meeting agenda will be posted when available at:
http://www.phmsa.dot.gov/hazmat.

FOR FURTHER INFORMATION CONTACT: Mr. Arthur Pollack, Office of
Hazardous Materials Special Permits and Approvals, Office of Hazardous
Materials Safety, Department of Transportation, Washington, DC 20590;
(202) 366-4512 and<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    The Pipeline and Hazardous Materials Safety Administration (PHMSA)
has the primary responsibility for the issuance of DOT Special Permits
and Approvals to the Hazardous Materials Regulations (HMR). A Special
Permit is a document which authorizes a person to perform a function
that is not currently authorized under the authority of the HMR. In
addition, some activities under the HMR are only authorized when
approved by PHMSA. Approvals are required when classifying explosives,
fireworks, organic peroxides, and self-reactive materials. Approvals
are also required for certain package design types and for persons
performing certain activities requiring approval (e.g., visual cylinder
re-qualifiers). An Approval document can only be issued if there is a
specific approval citation in the HMR.
    Under 49 CFR 107.709(d) PHMSA may only grant an approval after
determining that an applicant is fit to conduct the activity authorized
by the approval, or renewal or modification of approval. PHMSA may
determine an applicant's fitness through the information provided in
the application, the applicant's prior compliance history, or other
information that is available to the Associate Administrator. The first
step in evaluating an application, regardless of the approval type, is
to conduct an initial level of fitness review. PHMSA uses the Hazmat
Intelligence Portal (HIP) and Safety and Fitness Electronic Records
(SAFER) in determining an applicants' initial fitness.

Hazmat Intelligence Portal (HIP)

    The Hazmat Intelligence Portal (HIP) provides an integrated
information source to identify hazardous material safety trends through
the analysis of incident and accident information. This information
repository supports all transportation modes, data analysts, field
inspectors, and team leaders. HIP includes several hazardous materials
data points (e.g., Incidents from the 5800 report, PHMSA registrations,
approvals, cargo tank registrations, EPA toxic release inventory,
inspection/reviews, NRC incidents, one time movements, penalties, PHMSA
complains, RAM certifications, USCG releases, and violations). HIP data
is organized on customized Dashboards to provide data pertinent to the
mode, agency, office or group utilizing the system. The Dashboards are
customized for each user or user group. HIP is not searchable by the
general public due to privacy concerns.

Safety and Fitness Electronic Records (SAFER)

    FMCSA's SAFER System provides company safety data and related
services to the industry and public. SAFER's Company Snapshot is an
electronic record of a carrier's identification, size commodity
information, and safety records, including the safety rating (if any),
a roadside out-of-service inspection summary, and crash information.
SAFER is publicly searchable and can be found at: http://
safer.fmcsa.dot.gov/CompanySnapshot.aspx

Criteria Used by PHMSA in Determining Initial Fitness

    The following criteria are currently used by PHMSA when determining
minimum level of fitness. Applicants that fall below the following
criteria are considered fit. Applicants that meet one or more of the
following criteria require further review by Field Operations. Note:
These Applicants are not considered unfit.
    HIP:

--Incidents Criteria
    More than 30 total hazardous materials incidents involving 172.504
table 2; or
    More than one serious hazardous materials incident.
--Civil Cases Criteria
    Four civil enforcement cases;
    Four warning letters;
    A combination totaling four civil enforcement cases and/or warning
letters; or
    Any open cases.

    SAFER:

--Motor Carrier Safety Rating of ``unsatisfactory'';
--HazMat out-of-service percentage greater than the national average;*
--Driver out-of-service percentage greater than two times the national
average;*
--Vehicle out-of-service percentage greater than two times the national
average.*

    * Note that if the Applicant has been inspected less than ten times
or the Applicant has only one out-of-service, the data should not be
considered statistical significant and the Applicant will not be
considered in need of further review.

II. Purpose of Public Meeting

    The August 19, 2010 meeting is intended to provide an opportunity
for all interested parties to comment on the aspects of the Minimum
Level of Fitness Determination criteria. During this meeting, PHMSA is
soliciting comments relative to the use of HIP and SAFER data,
applicability of the data, criteria used in determining an applicant's
minimum level of fitness, potential alternative sources of fitness
data, and other appropriate matters.

    Issued in Washington, DC under authority delegated in 49 CFR
part 1.
Magdy El-Sibaie,
Associate Administrator for Hazardous Materials Safety, Pipeline and
Hazardous Materials Safety Administration.
[FR Doc. 2010-18652 Filed 7-28-10; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register Volume 76, Number 53 (Friday, March 18, 2011)]
[Notices]
[Pages 14963-14964]
[FR Doc No: 2011-6429]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 2

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

    Docket Numbers: ER11-2382-002.
    Applicants: NorthWestern Corporation.
    Description: Compliance Refund Report of Northwestern Corporation.
    Filed Date: 03/07/2011.
    Accession Number: 20110307-5188.
    Comment Date: 5 p.m. Eastern Time on Monday, March 28, 2011.

    Docket Numbers: ER11-3039-000.
    Applicants: Calvert Cliffs Nuclear Power Plant, LLC.
    Description: Calvert Cliffs Nuclear Power Plant, LLC submits tariff
filing per 35.13(a)(2)(iii): Amendment to MBR Tariff to be effective 8/
10/2010.
    Filed Date: 03/09/2011.
    Accession Number: 20110309-5000.
    Comment Date: 5 p.m. Eastern Time on Wednesday, March 30, 2011.

    Docket Numbers: ER11-3040-000.
    Applicants: Constellation Energy Commodities Group Maine, LLC.
    Description: Constellation Energy Commodities Group Maine, LLC
submits tariff filing per 35.13(a)(2)(iii): Amendment to MBR Tariff to
be effective 8/10/2010.
    Filed Date: 03/09/2011.
    Accession Number: 20110309-5001.
    Comment Date: 5 p.m. Eastern Time on Wednesday, March 30, 2011.

    Docket Numbers: ER11-3041-000.
    Applicants: Constellation Power Source Generation, Inc.
    Description: Constellation Power Source Generation, Inc. submits
tariff filing per 35.13(a)(2)(iii): Amendment to MBR Tariff to be
effective 8/10/2010.
    Filed Date: 03/09/2011.
    Accession Number: 20110309-5002.
    Comment Date: 5 p.m. Eastern Time on Wednesday, March 30, 2011.

    Docket Numbers: ER11-3042-000.
    Applicants: Criterion Power Partners, LLC.
    Description: Criterion Power Partners, LLC submits tariff filing
per 35.13(a)(2)(iii): Amendment to MBR Tariff to be effective 9/30/
2010.
    Filed Date: 03/09/2011.
    Accession Number: 20110309-5003.
    Comment Date: 5 p.m. Eastern Time on Wednesday, March 30, 2011.

    Docket Numbers: ER11-3043-000.
    Applicants: R.E. Ginna Nuclear Power Plant, LLC.
    Description: R.E. Ginna Nuclear Power Plant, LLC submits tariff
filing per 35.13(a)(2)(iii): Amendment to MBR Tariff to be effective 8/
10/2010.
    Filed Date: 03/09/2011.
    Accession Number: 20110309-5004.
    Comment Date: 5 p.m. Eastern Time on Wednesday, March 30, 2011.

    Docket Numbers: ER11-3044-000.
    Applicants: Handsome Lake Energy, LLC.
    Description: Handsome Lake Energy, LLC submits tariff filing per
35.13(a)(2)(iii): Amendment to MBR Tariff to be effective 8/10/2010.
    Filed Date: 03/09/2011.
    Accession Number: 20110309-5005.
    Comment Date: 5 p.m. Eastern Time on Wednesday, March 30, 2011.

    Docket Numbers: ER11-3045-000.
    Applicants: Constellation Mystic Power, LLC.
    Description: Constellation Mystic Power, LLC submits tariff filing
per 35.13(a)(2)(iii): Amendment to MBR Tariff to be effective 11/9/
2010.
    Filed Date: 03/09/2011.
    Accession Number: 20110309-5006.
    Comment Date: 5 p.m. Eastern Time on Wednesday, March 30, 2011.

    Docket Numbers: ER11-3046-000.
    Applicants: Nine Mile Point Nuclear Station, LLC.
    Description: Nine Mile Point Nuclear Station, LLC submits tariff
filing per 35.13(a)(2)(iii): Amendment to MBR Tariff to be effective 8/
10/2010.
    Filed Date: 03/09/2011.
    Accession Number: 20110309-5007.
    Comment Date: 5 p.m. Eastern Time on Wednesday, March 30, 2011.

    Docket Numbers: ER11-3048-000.
    Applicants: ISO New England Inc., New England Power Pool.
    Description: ISO New England Inc. and New England Power Pool,
Filing of Installed Capacity Requirement, Hydro Quebec Interconnection
Capability Credits and Related Values for the 2014/2015 Capability
Year.
    Filed Date: 03/08/2011.
    Accession Number: 20110308-5140.
    Comment Date: 5 p.m. Eastern Time on Tuesday, March 29, 2011.

    Docket Numbers: ER11-3049-000.
    Applicants: PacifiCorp.
    Description: PacifiCorp submits tariff filing per 35.13(a)(2)(iii):
Alpental Blue Mountain E&P Agreement to be effective 2/10/2011.
    Filed Date: 03/09/2011.
    Accession Number: 20110309-5047.
    Comment Date: 5 p.m. Eastern Time on Wednesday, March 30, 2011.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    As it relates to any qualifying facility filings, the notices of
self-certification [or self-recertification] listed above, do not
institute a proceeding regarding qualifying facility status. A notice
of

self-certification [or self-recertification] simply provides
notification that the entity making the filing has determined the
facility named in the notice meets the applicable criteria to be a
qualifying facility. Intervention and/or protest do not lie in dockets
that are qualifying facility self-certifications or self-
recertifications. Any person seeking to challenge such qualifying
facility status may do so by filing a motion pursuant to 18 CFR
292.207(d)(iii). Intervention and protests may be filed in response to
notices of qualifying facility dockets other than self-certifications
and self-recertifications.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St. NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: March 9, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-6429 Filed 3-17-11; 8:45 am]
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[Federal Register Volume 76, Number 70 (Tuesday, April 12, 2011)]
[Proposed Rules]
[Pages 20280-20281]
[FR Doc No: 2011-8613]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2010-1053; Airspace Docket No. 10-ASW-15]

Proposed Establishment of Class E Airspace; Campbellton, TX

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to establish Class E airspace at
Campbellton, TX. Controlled airspace is necessary to accommodate new
Standard Instrument Approach Procedures (SIAP) at 74 Ranch Airport. The
FAA is taking this action to enhance the safety and management of
Instrument Flight Rules (IFR) operations for SIAPs at the airport.

DATES: 0901 UTC. Comments must be received on or before May 27, 2011.

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 20590-0001. You
must identify the docket number FAA-2010-1053/Airspace Docket No. 10-
ASW-15, at the beginning of your comments. You may also submit comments
through the Internet at http://www.regulations.gov. You may review the
public docket containing the proposal, any comments received, and any
final disposition in person in the Dockets Office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The Docket Office
(telephone 1-800-647-5527), is on the ground floor of the building at
the above address.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone: (817) 321-
7716.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2010-1053/
Airspace Docket No. 10-ASW-15.'' The postcard will be date/time stamped
and returned to the commenter.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    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
a.m. and 5 p.m., Monday through Friday, except Federal holidays. An
informal docket may also be examined during normal business hours at
the office of the Central Service Center, 2601 Meacham Blvd., Fort
Worth, TX 76137.
    Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking<PHONE_NUMBER>, to
request a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    This action proposes to amend title 14, Code of Federal Regulations
(14 CFR), part 71 by establishing Class E airspace extending upward
from 700 feet above the surface for new standard instrument approach
procedures at 74 Ranch Airport, Campbellton, TX. Controlled airspace is
needed for the safety and management of IFR operations at the airport.
    Class E airspace areas are published in Paragraph 6005 of FAA Order
7400.9U, dated August 18, 2010 and effective September 15, 2010, which
is incorporated by reference in 14 CFR 71.1. The Class E airspace
designation listed in this document would be published subsequently in
the Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore, (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a Regulatory Evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will

only affect air traffic procedures and air navigation, it is certified
that this rule, when promulgated, will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, section 106 describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
subtitle VII, part A, subpart I, section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would establish controlled airspace at 74 Ranch Airport,
Campbellton, TX.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

The Proposed Amendment

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

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

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

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

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of FAA Order
7400.9U, Airspace Designations and Reporting Points, dated August 18,
2010, and effective September 15, 2010, is amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth.

* * * * *

ASW TX E5 Campbellton, TX [New]

74 Ranch Airport, TX
    (Lat. 28[deg]41'06'' N., long. 98[deg]22'58'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.3-mile radius of 74 Ranch Airport, and within 4 miles
each side of the 324[deg] bearing from the airport extending from
the 6.3-mile radius of the airport to 10.1 miles northwest of the
airport, and within 4 miles each side of the 144[deg] bearing from
the airport extending from the 6.3-mile radius of the airport to 9.6
miles southeast of the airport.

    Issued in Fort Worth, TX, on March 23, 2011.
Richard H. Hall,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2011-8613 Filed 4-11-11; 8:45 am]
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[Federal Register: September 15, 2010 (Volume 75, Number 178)]
[Rules and Regulations]
[Page 55970-55972]
[DOCID:fr15se10-10]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 147

[Docket No. USCG-2010-0857]
RIN 1625-AA00

Safety Zone; VERMILION 380A at Block 380 Outer Continental Shelf
Fixed Platform in the Gulf of Mexico

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone around VERMILION
380A, a fixed platform, at Block 380 in the Outer Continental Shelf,
approximately 90 miles south of Vermilion Bay, Louisiana. The fixed
platform is on fire and the safety zone is needed to protect first
responders attending to the fire and platform. Placing a safety zone
around the platform will significantly reduce the threat of collisions,
allisions, oil spills, and releases of natural gas, and thereby protect
the safety of life, property, and the environment.

DATES: This rule is effective in the CFR on September 15, 2010 through
November 10, 2010. This rule is effective with actual notice for
purposes of enforcement on September 2, 2010. This rule will remain in
effect through November 10, 2010.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0857 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0857 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 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
temporary rule, call or e-mail Dr. Madeleine

McNamara, U.S. Coast Guard, District Eight Waterways Management
Coordinator; telephone<PHONE_NUMBER>, madeleine.w.mcnamara @uscg.mil. If
you have questions on viewing the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable. The platform is
on fire and immediate action is necessary to protect first responders
and to prevent entry into the area that is most impacted by the fire.
    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. Good cause exists because the
platform is on fire and immediate action is necessary to protect first
responders and to prevent entry into the area that is most impacted by
the fire.

Basis and Purpose

    The Coast Guard is responding to an emergency at the VERMILION
380A, a fixed platform, at Block 380 in the Outer Continental Shelf,
approximately 90 miles south of Vermilion Bay, Louisiana. The fixed
platform is on fire and the safety zone is needed to protect first
responders attending to the fire and platform.

Discussion of Rule

    The Coast Guard is establishing a safety zone of 500 meters around
the center of the fixed platform at 28[deg]3'0.601'' N,
92[deg]16'0.272'' W. The regulation is effected to reduce significantly
the threat of collisions, allisions, oil spills, and releases of
natural gas and increase the safety of life, property, and the
environment in the Gulf of Mexico by prohibiting entry into the zone
unless specifically authorized by the Commander, Eighth Coast Guard
District. Entry into this zone is prohibited unless specifically
authorized by the Commander, Eighth Coast Guard District or a
designated representative. They may be contacted on VHF-FM Channel 13
or 16 or by telephone at<PHONE_NUMBER>.
    The safety zone established by this regulation is in or near the
deepwater area of the Gulf of Mexico in Block 380. For the purposes of
this regulation, a deepwater area is considered to be waters of 304.8
meters (1,000 feet) or greater depth extending to the limits of the
Exclusive Economic Zone (EEZ) contiguous to the territorial sea of the
United States and extending to a distance up to 200 nautical miles from
the baseline from which the breadth of the sea is measured. Navigation
in the vicinity of the safety zone consists of large commercial
shipping vessels, fishing vessels, cruise ships, tugs with tows and the
occasional recreational vessel. The deepwater area also includes an
extensive system of fairways.
    The Coast Guard is establishing a safety zone around the VERMILION
380A which is a fixed platform for operational use in production. The
safety zone is established due to safety concerns for both first
responders and the environment. In evaluating this request, the Coast
Guard explored relevant safety factors and considered several criteria,
including but not limited to, (1) the level of shipping activity around
the facility, (2) safety concerns for personnel aboard the facility,
(3) concerns for the environment, (4) the likeliness that an allision
would result in a catastrophic event based on proximity to shipping
fairways, offloading operations, production levels, and size of the
crew, (5) the volume of traffic in the vicinity of the proposed area,
(6) the types of vessels navigating in the vicinity of the proposed
area, and (7) the structural configuration of the facility.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    This rule is not a significant regulatory action due to the
location of the VERMILION 380A--on the Outer Continental Shelf--and its
distance from both land and safety fairways. Vessels traversing waters
near the proposed safety zone will be able to safely travel around the
zone without incurring additional costs.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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 proposed rule would affect the following entities, some
of which might be small entities: The owners or operators of vessels
intending to transit or anchor in or around Vermilion Block 380 in the
Gulf of Mexico.
    This safety zone will not have a significant economic impact or a
substantial number of small entities for the following reasons: This
rule will enforce a safety zone around a fixed platform that is in an
area of the Gulf of Mexico not frequented by vessel traffic and is not
in close proximity to a safety fairway. Further, vessel traffic can
pass safely around the safety zone without incurring additional costs.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    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.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

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.

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.

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.

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.

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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

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 concluded
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 is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction. This rule involves the establishment of a safety zone.
    Due to the emergency nature of this regulation, an environmental
analysis checklist and a categorical exclusion determination will be
available in the docket where indicated under ADDRESSES.

List of Subjects

    Continental shelf, Marine safety, Navigation (water).

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 147 as follows:

PART 147--SAFETY ZONES

0
1. The authority citation for part 147 continues to read as follows:

    Authority:  14 U.S.C. 85; 43 U.S.C. 1333; and Department of
Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  T147.857 to read as follows:

Sec.  T147.857  VERMILION 380A Fixed Platform Safety Zone.

    (a) Description. The VERMILION 380A, a Fixed Platform, is in the
deepwater area of the Gulf of Mexico at Vermilion Block 380. The area
within 500 meters (1640.4 feet) around a center point at
28[deg]3'0.601'' N, 92[deg]16'0.272'' W is a safety zone.
    (b) Effective Date and Enforcement. This rule is effective from
September 2, 2010 through November 10, 2010. This rule is effective
with actual notice for purposes of enforcement on September 2, 2010 and
will remain in effect through November 10, 2010.
    (C) Regulation. No vessel may enter or remain in this safety zone
except the following:
    (1) An attending or first response vessel;
    (2) A vessel under 100 feet in length overall not engaged in
towing; or
    (3) A vessel authorized by the Commander, Eighth Coast Guard
District or a designated representative.

    Dated: September 2, 2010.
David Nichols,
Captain, U.S. Coast Guard, Acting Commander, Eighth Coast Guard
District.
[FR Doc. 2010-23008 Filed 9-14-10; 8:45 am]
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