[Federal Register Volume 84, Number 90 (Thursday, May 9, 2019)]
[Proposed Rules]
[Pages 20318-20320]
[FR Doc No: 2019-09492]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2019-0083; FRL-9992-72-Region 7]

Air Plan Approval; Nebraska; Infrastructure SIP Requirements for
the 2015 Ozone National Ambient Air Quality Standards (NAAQS)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve elements of a State Implementation Plan (SIP) submission from
the State of Nebraska addressing the applicable requirements of the
Clean Air Act (CAA) section 110 for the 2015 Ozone (O3)
National Ambient Air Quality Standards (NAAQS). Section 110 requires
that each state adopt and submit a SIP to support the implementation,
maintenance, and enforcement of each new or revised NAAQS promulgated
by EPA. These SIPs are commonly referred to as ``infrastructure'' SIPs.
The infrastructure requirements are designed to ensure that the
structural components of each state's air quality management program
are adequate to meet the state's responsibilities under the CAA.

DATES: Comments must be received on or before June 10, 2019.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2019-0083 to https://www.regulations.gov. Follow the online
instructions for submitting comments.
    Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received will be posted without
change to https://www.regulations.gov/, including any personal
information provided. For detailed instructions on sending comments and
additional information on the rulemaking process, see the ``Written
Comments'' heading of the SUPPLEMENTARY INFORMATION section of this
document.

FOR FURTHER INFORMATION CONTACT: Mr. Gregory Crable Environmental
Protection Agency, Air Planning and Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219; telephone number<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to the EPA. A technical support document (TSD) is
included in this proposed rulemaking docket.

Table of Contents

I. Written Comments
II. What is being addressed in this document?
III. Have the requirements for approval of a SIP revision been met?
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews

I. Written Comments

    Submit your comments, identified by Docket ID No. EPA-R07-OAR-2019-
0083, at https://www.regulations.gov. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

II. What is being addressed in this document?

    The EPA is proposing to approve the infrastructure SIP submission
received from the State of Nebraska on September 24, 2018.
Specifically, EPA is proposing to approve the following infrastructure
elements of section 110(a)(2): (A) through (C), (D)(i)(I)--prongs 1 and
2, (D)(i)(II)--prong 3, (D)(ii), (E) through (H), and (J) through (M).
    A Technical Support Document (TSD), is included as part of the
docket to discuss the details of this proposed action, including an
analysis of how the SIP meets the applicable 110(a)(1) and (2)
requirements for infrastructure SIPs. As explained in the TSD, EPA
plans to take separate action on the infrastructure elements under
section 110(a)(2)(D)(i)(II)--prong 4. The EPA is not taking action on
section 110(a)(2)(I)--Nonattainment Area Plan or Plan Revisions Under
Part D.

III. Have the requirements for approval of a SIP revision been met?

    The state submission has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submission also
satisfied the completeness criteria of 40 CFR part 51, appendix V. The
state provided a public comment period for this SIP revision from
August 7, 2018 to September 7, 2018, and at the same time, offered an
opportunity for a public hearing. The state received no comments and no
requests for a public hearing. The public hearing scheduled for
September 11, 2018 was canceled. In addition, as explained in more
detail in the TSD, the revision meets the substantive SIP requirements
of the CAA, including section 110 and implementing regulations.

IV. What action is EPA taking?

    The EPA is proposing to approve elements of the September 24, 2018,
infrastructure SIP submission from the State of Nebraska, which address
the requirements of CAA sections 110(a)(1) and (2) as applicable to the
2015 O3 NAAQS. Specifically, the EPA is proposing to approve
the following infrastructure elements of 110(a)(2): (A) through (C),
(D)(i)(I)--prongs 1 and 2, (D)(i)(II)--prong 3, (D)(ii), (E) through
(H), and (J) through (M). As explained in the TSD, the EPA intends to
act on section 110(a)(2)(D)(i)(II)--prong 4, in a

subsequent rulemaking. The EPA is not taking action on section
110(a)(2)(I)--Nonattainment Area Plan or Plan Revisions under part D.
    Based upon review of the state's infrastructure SIP submissions and
relevant statutory and regulatory authorities and provisions referenced
in those submissions or referenced in Nebraska's SIP, the EPA believes
that Nebraska's SIP will meet all applicable required elements of
sections 110(a)(1) and (2) (except as otherwise noted) with respect to
the 2015 O3 NAAQS. We are processing this as a proposed
action because we are soliciting comments on this proposed action.
Final rulemaking will occur after consideration of any comments.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of the National Technology
Transfer and Advancement Act (NTTA) because this rulemaking does not
involve technical standards; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications and will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Sulfur oxides, Volatile
organic compounds.

    Dated: April 25, 2019.
James Gulliford,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA proposes to amend 40
CFR part 52 as set forth below:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart CC--Nebraska

0
2. In Sec.  52.1420 paragraph (e), the table is amended by adding entry
(35) in numerical order to read as follows:

Sec.  52.1420   Identification of Plan.

* * * * *
    (e) * * *

                                 EPA-Approved Nebraska Nonregulatory Provisions
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  Name of non-regulatory SIP     Applicable geographic        State        EPA approval
           revision              or nonattainment area   submittal date        date             Explanation
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                                                  * * * * * * *
(35) Sections 110(a)(1) and     Statewide..............       9/24/2018  [Date of          This action approves
 (2) Infrastructure                                                       publication of    for the O3 NAAQS:
 Requirements for the 2015 O3                                             the final rule    The following CAA
 NAAQS.                                                                   in the Federal    elements: 110(a)(1)
                                                                          Register],        and (2): (A) Through
                                                                          [Federal          (C),(D)(i)(I)--prong
                                                                          Register          s 1 and 2,
                                                                          citation of the   (D)(i)(II)--prong 3,
                                                                          final rule].      (D)(ii), (E) through
                                                                                (H), and (J) through
                                                                                (M). EPA-R07-OAR-
                                                                                2019-0083; FRL-9992-
                                                                                72-Region 7.
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[FR Doc. 2019-09492 Filed 5-8-19; 8:45 am]
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[Federal Register Volume 84, Number 94 (Wednesday, May 15, 2019)]
[Notices]
[Page 21766]
[FR Doc No: 2019-09974]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. EL19-72-000, QF90-73-010]

EF Kenilworth LLC; Notice of Petition for Declaratory Order

    Take notice that on May 6, 2019, pursuant to section 292.205(c) of
the Federal Energy Regulatory Commission's (Commission) Rules of
Practice and Procedure, 18 CFR 292.205(c)(2018) implementing the Public
Utility Regulatory Policies Act of 1978 (PURPA), as amended, EF
Kenilworth LLC (Petitioner) filed a petition for declaratory order
requesting a waiver of the efficiency and operating standards for its
qualifying cogeneration facility located at the Merck Sharp & Dohme
Corp. manufacturing and processing facility in Kenilworth, New Jersey
for calendar years 2018, 2019 and 2020 due to a decrease in steam
consumption by the Kenilworth Facility's thermal host, as more fully
explained in the petition.
    Any person desiring to intervene or to protest in this proceeding
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 5:00 p.m. Eastern time on the specified comment date. Protests
will be considered by the Commission in determining the appropriate
action to be taken, but will not serve to make protestants parties to
the proceeding. Any person wishing to become a party must file a notice
of intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Petitioner.
    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
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426.
    The filings in the above proceeding 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 website that enables subscribers to receive email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern time on June 5, 2019.

    Dated: May 8, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-09974 Filed 5-14-19; 8:45 am]
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[Federal Register Volume 76, Number 31 (Tuesday, February 15, 2011)]
[Rules and Regulations]
[Pages 8627-8628]
[FR Doc No: 2011-3250]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2010-1105; Airspace Docket No. 10-AAL-20]

Revision of Class E Airspace; Platinum, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action revises Class E airspace at Platinum, AK, to
accommodate the addition of a Standard Instrument Approach Procedure
(SIAP), at the Platinum Airport. The FAA is taking this action to
enhance safety and management of Instrument Flight Rules (IFR)
operations at the Platinum Airport.

DATES: Effective 0901 UTC, May 5, 2011. The Director of the Federal
Register approves this incorporation by reference action under title 1,
Code of Federal Regulations, part 51, subject to the annual revision of
FAA Order 7400.9 and publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Martha Dunn, AAL-538G, Federal
Aviation Administration, 222 West 7th Avenue, Box 14, Anchorage, AK
99513-7587; telephone number<PHONE_NUMBER>; fax:<PHONE_NUMBER>; e-
mail<EMAIL_ADDRESS>Internet address: http://www.faa.gov/about/office_org/headquarters_offices/ato/service_units/systemops/fs/alaskan/rulemaking/.

SUPPLEMENTARY INFORMATION:

History

    On Monday, December 13, 2010, the FAA published a notice of
proposed rulemaking in the Federal Register to revise Class E airspace
at Platinum AK (75 FR 77572).
    Interested parties were invited to participate in this rulemaking
proceeding by submitting written comments on the proposal to the FAA.
No comments were received.
    Subsequent to the publications, the FAA noted that the geographic
coordinates for the Platinum Airport cited in the NPRM were not
rounded. This action corrects that error.
    The Class E airspace areas designated as 700/1,200 ft. transition
areas are published in paragraph 6005 of FAA Order 7400.9U, Airspace
Designations and Reporting Points, signed August 18, 2010, and
effective September 15, 2010, which is incorporated by reference in 14
CFR 71.1. The Class E airspace designations listed in this document
will be published subsequently in the Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
part 71 by revising Class E airspace at the Platinum Airport, AK, to
accommodate one new SIAP at the Platinum Airport. This Class E airspace
will provide adequate controlled airspace upward from 700 and 1,200
feet above the surface for safety and management of IFR operations at
the Platinum Airport. The 1,200 foot controlled airspace will extend
into the Norton Sound Low Offshore Airspace Area and Control Area 1234L
and those airspaces will be redefined in a future rulemaking action.

With the exception of editorial changes, and the changes described
above, this rule is the same as that proposed in the NPRM.
    The FAA has determined that this 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. Because this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule 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 United States 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 1, section 40103, Sovereignty and use of
airspace. Under that section, the FAA is charged with prescribing
regulations to ensure the safe and efficient use of the navigable
airspace. This regulation is within the scope of that authority because
it creates Class E airspace sufficient in size to contain aircraft
executing instrument procedures for the Platinum Airport and represents
the FAA's continuing effort to safely and efficiently use the navigable
airspace.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

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

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

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.9U, Airspace Designations and Reporting
Points, signed August 18, 2010, and effective September 15, 2010, is
amended as follows:

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

* * * * *

AAL AK E5 Platinum, AK [Revised]

Platinum Airport, AK
    (Lat. 59[deg]00'57'' N., long. 161[deg]49'31'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.3-mile radius of the Platinum Airport, and the airspace
extending upward from 1,200 feet above the surface within a 73-mile
radius of the Platinum Airport.
* * * * *

    Issued in Anchorage, AK, on February 4, 2011.
James M. Miller,
Acting Manager, Alaska Flight Services Information Area Group.
[FR Doc. 2011-3250 Filed 2-14-11; 8:45 am]
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                      SECOND INTERIM SETTLEMENT AGREEMENT
      This Second Interim Settlement Agreement is made, as of the Effective Date of this Agreement, as defined in Paragraph C(1) below, between the United States Environmental Protection Agency ("EPA"), the West Goshen Sewer Authority ("WGSA"), and the Delaware Riverkeeper Network ("DRN"), collectively referred to as "the Parties," as defined herein.
      WHEREAS, WGSA operates the West Goshen Township Wastewater Treatment Plant (the "Plant") under a National Pollutant Discharge Elimination System ("NPDES") permit that contains a seasonal (April through October) effluent limit for total phosphorous of 2.0 mg/l;
      WHEREAS, in 2008, EPA established the Goose Creek Total Maximum Daily Load ("Goose Creek TMDL"), which, among other things, established a total phosphorus Waste Load Allocation equivalent to a concentration of 0.04 mg/l for WGSA's Plant;
      WHEREAS, on September 19, 2012, WGSA filed suit challenging EPA's Goose Creek TMDL in the U.S. District Court for the Eastern District of Pennsylvania, docketed as Civil Action No. 12-5353 (the "Case");
      WHEREAS, on July 30, 2013, DRN was granted intervenor status in the Case;
      WHEREAS, the Parties thereafter entered into the 2014 Interim Settlement Agreement, which provided, among other things, that EPA was to conduct a reassessment of the water quality of Goose Creek and reconsideration of the Goose Creek TMDL, taking into account any data collected by WGSA;
      WHEREAS, on May 4, 2017, EPA issued its final Reassessment and Reconsideration decision, confirming EPA's previous conclusion that Goose Creek is impaired for phosphorus and that the TMDL appropriately addresses the phosphorus impairment and will stay in place;
      WHEREAS, pursuant to the 2014 Interim Settlement Agreement, WGSA is performing all work that it believes will result in an effluent discharge level for total phosphorous of 0.8 mg/l (monthly average), and believes it will be able to achieve a discharge level for total phosphorous of 0.8 mg/l by September 30, 2018, after its Enhanced Chemical Addition Project is completed;
      WHEREAS, WGSA has researched the technologies and methods currently available to further reduce total phosphorous discharge levels and has determined that the CoMag ballasted flocculation system ("CoMag System") is a technology capable of significantly reducing total phosphorous levels;
      WHEREAS, WGSA has run bench scale and pilot tests of the CoMag System, the results of which suggest that the CoMag System will likely enable WGSA to achieve lower discharge levels of total phosphorous;
      WHEREAS, the Parties agree that the CoMag System is a technology with potential to result in large reductions in WGSA's total phosphorous discharge levels;
      WHEREAS, given the complexities, uncertainties, and myriad variables involved, the full extent to which the CoMag System will enable WGSA to reduce total phosphorous discharge levels is unknown at this time;
      WHEREAS, it will take at least four years for WGSA to bid, build, and run the CoMag System, in order to accurately determine the CoMag System's capability to reliably and consistently achieve maximal total phosphorous reduction;
      WHEREAS, once the levels of total phosphorus are significantly reduced in Goose Creek, it may take several years before the impact of phosphorus reductions on water quality is realized;
      WHEREAS, the Parties agree that WGSA should proceed with the installation, operation and evaluation of the CoMag System as set forth below;
      WHEREAS, the Parties commend WGSA for having researched and undertaken to expand its riparian buffer to improve Goose Creek ecosystem functioning and resilience; and
      WHEREAS, the Case is presently on the Court's Civil Suspense Docket pursuant to the Parties' requests;
      NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
 DEFINITIONS
      Unless otherwise defined below, terms used in this Second Interim Settlement Agreement that are defined in the Clean Water Act ("CWA"), 33 U.S.C. §§ 1251 et seq., or in regulations promulgated pursuant to the CWA, shall have the meanings assigned to them in the CWA and regulations promulgated under the CWA:
 Parties. "Parties" means the parties to the Case.
 EPA. "EPA" means the U.S. Environmental Protection Agency and/or its Regional Office for the Mid-Atlantic Region (Region III).
 WGSA. "WGSA" means the West Goshen Sewer Authority.
 DRN. "DRN" means the Delaware Riverkeeper Network.
 PADEP. "PADEP" means the Pennsylvania Department of Environmental Protection.
 Case. The "Case" means the litigation filed by West Goshen Sewer Authority in the U.S. District Court for the Eastern District of Pennsylvania, on or about September 19, 2012, titled West Goshen Sewer Authority v. U.S. Environmental Protection Agency, et al., docketed as Civil Action No. 12-5353.
 Interim Settlement Agreement. "Interim Settlement Agreement" shall refer to this Second Interim Settlement Agreement.
 CoMag System. The "CoMag System" means a CoMag ballasted flocculation system for treating effluent discharge.
 Court. The "Court" means the U.S. District Court for the Eastern District of Pennsylvania.
 TMDL. "TMDL" means Total Maximum Daily Load, as defined in the federal Clean Water Act and applicable regulations.
 Goose Creek. "Goose Creek" means the waterbody known as Goose Creek, an upstream tributary of Chester Creek, in Chester County, Pennsylvania, into which the West Goshen Sewer Authority's Publicly Operated Treatment Works discharges.
 Goose Creek TMDL. "Goose Creek TMDL" means the TMDL established by the EPA for Goose Creek on or about June 30, 2008.
 NPDES. "NPDES" means the National Pollutant Discharge Elimination System.
 Plant. The "Plant" means the West Goshen Township Wastewater Treatment Plant which discharges effluent into Goose Creek under NPDES permit no. PA0028584.
 SPECIFIC PROVISIONS
In consideration of the Parties' agreement to request that the Court continue to hold the Case on its Civil Suspense Docket, the mutual promises set forth herein, and other good and valuable consideration, the Parties agree to the following:
1.	Interim Water Quality Improvements.
      a.	By September 30, 2018, WGSA shall complete the engineering work, pilot studies, permit applications, retrofits, modifications, and/or upgrades to the Plant to result in an effluent discharge level for total phosphorus of 0.8 mg/l (monthly average). Beginning on September 30, 2018, and through December 1, 2022, WGSA shall ensure that the effluent discharge level for total phosphorus does not exceed 0.8 mg/l (monthly average).
      b.  	WGSA shall install a CoMag System at the Plant by June 1, 2021, and thereafter in accordance with good practices shall take all reasonable steps necessary to maintain and operate the CoMag system to minimize effluent discharge levels for total phosphorus from the Plant.
      c.  	 Beginning on December 1, 2022, WGSA shall ensure that the effluent discharge level for total phosphorus does not exceed 0.1 mg/l (monthly average).
      d.	No later than December 1, 2024, WGSA will commence a review of the monitoring data and prepare a written assessment of whether the monitoring data shows that, by operating CoMag, WGSA can consistently achieve a concentration level lower than 0.1 mg/l (monthly average) without WGSA making any further Plant upgrades.  WGSA will submit the assessment to EPA and DRN no later than February 1, 2025.
            i.	If WGSA concludes that by operating CoMag, it can consistently achieve a concentration level lower than 0.1 mg/l (monthly average) without making any further Plant upgrades, and EPA and DRN accept WGSA's assessment, then WGSA shall take all reasonable steps to ensure that the Plant's effluent discharge level for total phosphorus does not exceed that lower concentration level.  Nothing in this paragraph or this Agreement shall require WGSA to achieve a discharge level below .04 mg/l (monthly average).
            ii. 	If WGSA concludes that it cannot consistently achieve a concentration level lower than 0.1 mg/l (monthly average) using CoMag alone, without making any further Plant upgrades, and EPA and DRN accept that assessment in writing, WGSA shall continue to ensure that the effluent discharge level does not exceed 0.1 mg/l (monthly average), as provided by Paragraph B(1)(c).
            iii.  	If EPA and/or DRN do not accept WGSA's assessment, the parties will promptly meet to discuss the monitoring data and the concentration levels achievable by CoMag treatment at the WGSA Plant.  The limits established by Paragraph B(1)(c) continue to apply, unless the Parties agree otherwise.
            iv. 	In the event that WGSA is able to consistently achieve a Plant effluent discharge level for total phosphorous that is below 0.1 mg/l (monthly average), EPA shall in good faith consider whether to apply such levels as limits only on a seasonal basis, with notice and opportunity to comment on this consideration by DRN.
      e. 	The deadlines contained in Paragraphs B(1)(b), B(1)(c), and B(1)(d) are contingent upon PADEP issuing WGSA a Water Quality Management Part II Permit for the CoMag System ("Part II Permit") by March 1, 2019. WGSA shall submit its application for the Part II Permit by October 30, 2018. If PADEP does not issue WGSA a Part II Permit by March 1, 2019, the deadlines contained in Paragraphs B(1)(b), B(1)(c), and B(1)(d) shall be extended by the same number of days as the number of days that elapsed between March 1, 2019 and the date on which PADEP issues WGSA a Part II Permit.
            f.	Monitoring.
            i.	WGSA shall monitor the Plant's effluent discharge for total phosphorus and ammonia at a minimum of twice per week year round, and total nitrogen at a minimum of twice per month, on varying days of the week, year round. Sampling for monitoring shall be representative of the effluent as provided in 40 C.F.R. § 122.41(j)(1).
            ii. 	Analysis of samples shall be conducted at a facility accredited by Pennsylvania as an environmental laboratory, using test procedures approved under 40 C.F.R. Part 136 or acknowledged by EPA as being satisfactory for the purpose of this agreement, with a sufficiently sensitive minimum level for the discharge levels specified in Paragraphs B(1)(a), B(1)(c), and B(1)(d), including Method Detection Limits at or below 0.02 mg/L for all phosphorus analyses.
            g.	Reporting.
            i. 	WGSA shall provide EPA and DRN with semi-annual reports on March 1[st] and September 1[st] of each year documenting WGSA's improvements and actions toward the above-referenced effluent discharge levels.
            ii. 	Semi-annual reports shall include all effluent monitoring data on total phosphorus, total nitrogen, and ammonia for the preceding six months. If WGSA monitors for phosphates, organic phosphorus, nitrates or nitrites, total Kjeldahl or organic nitrogen, WGSA shall include that data in the report. WGSA shall make these data available in spreadsheet or other compatible electronic format to facilitate data analysis.
      h.	Inspection. WGSA shall allow EPA to conduct annual inspections of the Plant to monitor compliance with the terms of this Agreement.
      i.	Buffer Plantings.  WGSA shall implement and maintain buffer plantings on the Plant property as shown on the plan attached as Appendix A.
      j.	Access. WGSA shall allow DRN to access the portion of Goose Creek located adjacent to the Plant property through the Plant, in order to conduct periodic sampling on dates agreed upon by WGSA and DRN. DRN shall release, indemnify, and hold WGSA harmless from and against all claims, liability, causes of action and losses of any kind arising from DRN's entry onto the Plant property, if attributable to DRN's negligence.
      k.	The rights and obligations specified in Paragraphs B(1)(f)-(h) are in addition to, and in no way limit or otherwise affect, the statutory authorities of the United States to conduct inspections, to require monitoring, and to obtain information from WGSA as authorized by law.
2.	Reassessment Process.
      a.	Unless an intervening action has rendered the Goose Creek TMDL inapplicable or without force, five years after WGSA commences discharging effluent that meets the total phosphorus levels described in Paragraph B(1)(c), EPA shall commence a reassessment of the water quality of Goose Creek, to determine whether Goose Creek is impaired due to nutrients (hereinafter "Reassessment").  Following that Reassessment, EPA will decide whether to withdraw, revise or retain the Goose Creek TMDL.
      b.	The Reassessment shall be completed within five years of its commencement under Paragraph B(2)(a).
      c.	During the Reassessment, EPA shall analyze site-specific physical, chemical and/or biological factors, based on available data, to determine if Goose Creek is impaired by nutrients. EPA retains the right, in the exercise of its discretion, to consider other relevant issues that may arise during the Reassessment.
      d.	Data-sharing.
            i.	WGSA and DRN may submit information and data to EPA to be considered by EPA in the Reassessment.  EPA will also provide PADEP with an opportunity to submit information and data.  EPA will request information and data from the public for the purpose of the reassessment.  Any such information will be considered and included in the record prepared by EPA supporting its Reassessment.
            ii.	EPA shall provide to WGSA and DRN all non-privileged, non-confidential data and all relevant water quality reports or evaluations of Goose Creek supplied to it by others with respect to the Reassessment, and shall provide WGSA and DRN the opportunity to comment on that data and those reports or evaluations, prior to EPA's Reassessment decision.
            iii.	In the event that the staff of any Party conducts additional sampling in Goose Creek for purposes of the Reassessment, that Party shall provide the other Parties an opportunity to review and comment on water sampling plans or water monitoring plans for such data collection. Such plans will be provided to the other Parties at least thirty days prior to the start of data collection, and the other Parties will provide any comments within 21 days of receiving the sampling or monitoring plan. In addition, the Party conducting sampling will offer the other Parties the opportunity to participate in any field visits to conduct the additional sampling.
      e.	EPA will provide WGSA and DRN the opportunity to meet with technical and legal representatives of EPA annually during the Reassessment to discuss the process of reassessment. The Parties agree to invite PADEP to participate in this meeting.
      f.	EPA's Reassessment will be documented in a Final Reassessment Report. The Report will be a final agency action, supported by an administrative record.

      g.	In the event EPA withdraws the Goose Creek TMDL, WGSA shall not argue that its effluent discharge limit for total phosphorus in any NPDES permit issued after the TMDL's withdrawal should exceed 0.1 mg/l, except that WGSA may present an argument to EPA and/or PADEP that, based on the facts and data available at that time, a higher discharge limit will not lead to the impairment of Goose Creek. EPA agrees to consider any such argument in good faith.

      3.	Effect of Interim Settlement Agreement

      a.	Nothing in the terms of this Interim Settlement Agreement shall be construed to affect the rights or responsibilities of any Party hereto to take any lawful action with regard to the Goose Creek TMDL or WGSA's discharge permit, not inconsistent with the specific terms of this Interim Settlement Agreement.
      b.	Nothing in the terms of this Interim Settlement Agreement shall be construed to affect the rights or responsibilities of any third party, including the PADEP, to take any lawful action with regard to the Goose Creek TMDL or WGSA's discharge permit.
      c. 	Nothing in the terms of this Interim Settlement Agreement shall be construed to limit the Parties' right to engage in further settlement negotiations.
      d. 	This Interim Settlement Agreement does not constitute a waiver or modification of the terms or conditions of the WGSA NPDES Permit. This Agreement does not relieve WGSA of its obligations to comply with any applicable federal, state, or local law, regulation, or permit.
4. 	Remedies.
      a.	No Party may seek specific performance as a remedy under this Interim Settlement Agreement, except with respect to Paragraphs B(1) and B(5).
      b.	Notwithstanding Paragraph B(4)(a), the Parties agree that they may not be held in contempt of court, and therefore agree not to seek such contempt, for failure to perform any obligation in this Interim Settlement Agreement.
      c.	In the event of a breach of the Interim Settlement Agreement, including a breach of Paragraphs B(1) and B(5), the Parties reserve their rights to request that the Court conduct a status conference to determine whether the case should be returned to the Court's active docket. This shall be a Party's only remedy in the event of a breach of the Interim Settlement Agreement except with respect to Paragraphs B(1) and B(5).
5.	Non-Use of Interim Settlement Agreement.
      a.	The Parties shall not raise the fact of WGSA's agreement to make improvements to its operations as set forth in Paragraph B(1) above as evidence that WGSA has satisfied its obligations under the existing Goose Creek TMDL.
      b.	The Parties shall not raise the fact of EPA's agreement to perform a Reassessment as set forth in Paragraph B(2) above as evidence that either the Goose Creek TMDL or any new, reconsidered, or revised Goose Creek TMDL is invalid or flawed.
      c.	The Parties shall not raise the fact that WGSA has entered into this Interim Settlement Agreement or has abided by the Interim Settlement Agreement as an admission by WGSA that: (i) the Goose Creek TMDL or any new, reconsidered, or revised Goose Creek TMDL is valid or necessary; (ii) Goose Creek is impaired due to phosphorous or other nutrients; or (iii) WGSA is contributing in any way to any current or future impairment that may exist in Goose Creek.  This paragraph does not limit the use of any monitoring data produced in accordance with this agreement.
6.	Reservation of Rights. In addition to the reservation of rights in Paragraph B(4)(c), the Parties state as follows:
      a.	The Parties reserve their rights to request that the Court transfer the Case from the Civil Suspense Docket back onto the Court's active docket in the event that PADEP issues WGSA an NPDES permit with an effluent discharge limit for total phosphorus below 0.1 mg/l while this Agreement remains in effect, or below 0.8 mg/l prior to December 1, 2022.
      b.	EPA reserves its right to terminate the Reassessment in the event that WGSA or DRN requests that the Court transfer the Case from the Civil Suspense Docket back onto the Court's active docket, or in the event EPA is sued, or threatened with suit, by a third party on any aspect of the Interim Settlement Agreement, the Goose Creek TMDL, or the Reassessment.
      c.	This Interim Settlement Agreement does not alter or create rights to EPA's records under federal law, nor does it alter any right WGSA or DRN may have under federal law to challenge EPA's determination regarding privilege or confidentiality with respect to any withheld data and/or information relating to the Goose Creek TMDL, nor does this Interim Settlement Agreement alter EPA's ability to defend against such a challenge.
      d.	 Each Party agrees to notify the others not less than thirty days before taking any action pursuant to B(4)(c), B(6)(a), or B(6)(b) so that the Parties may have an opportunity to meet and confer on any disagreements.
 MISCELLANEOUS PROVISIONS

 Effective Date. The Effective Date of this Interim Settlement Agreement shall be the date of last signature on this document.
 Execution in Counterparts. The Interim Settlement Agreement may be executed in one or more counterparts which, taken together, shall be deemed to constitute one and the same document.
 Authority to Sign. The undersigned are authorized to execute this Interim Settlement Agreement on behalf of their respective Parties and have read, understood and agreed to all of the terms and conditions of this Interim Settlement Agreement.
 Facsimile Signatures. The Parties' signatures to this Interim Settlement Agreement transmitted by facsimile, including scans of original documents transmitted over email, shall be deemed binding.
 Integrated Interim Settlement Agreement. All agreements, covenants, representations and warranties, express or implied, oral or written, of the Parties concerning the subject matter of this Interim Settlement Agreement are contained herein.
 Modification. Any term set forth in this Interim Settlement Agreement (including deadlines and other terms) may be modified only by written agreement of all Parties.
 Severability. In the event that any of the provisions of this Interim Settlement Agreement are held by a court to be unenforceable, the validity of the enforceable provisions shall not necessarily be adversely affected.
 Construction. The language in all parts of this Interim Settlement Agreement, unless otherwise stated, shall be construed according to its plain and ordinary meaning and, because the agreement was drafted jointly, shall not be construed to favor any party.
 Governing Law. This Interim Settlement Agreement shall be governed by and construed under federal law.
 Third-Party Beneficiaries. Nothing in this Interim Settlement Agreement shall be construed to make any other person or entity not executing this Interim Settlement Agreement a third-party beneficiary to this Interim Settlement Agreement.
 No Admission of Law or Fact. Nothing in this Interim Settlement Agreement shall constitute an admission of fact or law by any Party. This Interim Settlement Agreement shall not be used or admitted in any third-party proceeding against a Party over the objection of that Party.
 No Waiver of Claims. Except as provided in Paragraphs B(4), B(5), and B(6), no party waives or limits any claim, argument, or defense it may have in this Case in the event that the Case is transferred from the Civil Suspense Docket back onto the Court's active docket.
 No Limitation on Exercise of Discretion. Nothing in the terms of this Interim Settlement Agreement shall be construed to affect the rights of the United States as against persons not parties to this Interim Settlement Agreement, or to limit or modify the discretion accorded to EPA or PADEP by the Clean Water Act, the Administrative Procedure Act, or by general principles of administrative law.
 Anti-Deficiency. Any obligations of the United States to expend funds under this Interim Settlement Agreement are subject to the availability of funds legally available for such purposes. This Interim Settlement Agreement shall not be construed as a commitment or requirement that the United States obligate or pay funds in contravention of the Anti-Deficiency Act, 31 U.S.C. § 1341, or any other applicable provision of law.
 Impossibility of Performance. No Party shall be considered to be in default in the performance of any of its obligations under this Interim Settlement Agreement when performance becomes impossible due to circumstances beyond the Party's control, or when failure to perform is materially contributed to by circumstances beyond the Party's control, including without limitation any Force Majeure event, including any act of God, war, fire, earthquake, windstorm, flood or natural catastrophe; civil disturbance, vandalism, sabotage or terrorism; restraint by court order or public authority; or action or non-action by, or inability to obtain the necessary authorizations or approvals from, any governmental agency. With regard to EPA, such circumstances further include, but are not limited to, an environmental disaster that would require EPA employees to divert resources away from performance of EPA's obligations under this Interim Settlement Agreement, or a government shutdown. "Circumstances beyond the Party's control" shall not include normal inclement weather, economic hardship or inability to pay. Any Party seeking to rely upon this Paragraph shall have the burden of establishing that it could not reasonably have been expected to avoid, and which by exercise of due diligence has been unable to overcome, the failure of performance.
 Termination. This Interim Settlement Agreement shall terminate either (i) in the event that the Case is transferred to the Court's active docket pursuant to Paragraphs B(4)(c), B(6)(a), or B(6)(b); (ii) by written agreement of all Parties; or (iii) 2 years after the issuance to WGSA and DRN by EPA of the Final Reassessment Report described in Paragraph B(2)(f).
 Delivery or Notice of Documents. Any notices or other documents required or provided for by this Interim Settlement Agreement or related thereto that are to be provided to any of the Parties pursuant to this Interim Settlement Agreement shall be sent by e-mail transmission or first-class mail to each of the following representatives of the Parties.
      Steven T. Miano
      Hangley Aronchick Segal Pudlin & Schiller
      One Logan Square, 27th Floor
      Philadelphia, PA  19103
<PHONE_NUMBER> (phone)
<PHONE_NUMBER> (fax)
<EMAIL_ADDRESS>
      Ross Unruh
      Unruh, Turner, Burke & Frees
      17 W. Gay Street
      P.O. Box 515
      West Chester, PA  19381
<PHONE_NUMBER> (phone)
<PHONE_NUMBER> (fax)
<EMAIL_ADDRESS>
      Michael Moffa
      West Goshen Sewer Authority
      848 S. Concord Road
      West Chester, PA 19382
<PHONE_NUMBER> (phone)
<PHONE_NUMBER> (fax)
<EMAIL_ADDRESS>
      Deanna Tanner
      Senior Attorney, Delaware Riverkeeper Network
      925 Canal Street
      7[th] Floor, Suite 3701
      Bristol, PA 19007
<PHONE_NUMBER> x124 (phone)
<PHONE_NUMBER> (fax)
<EMAIL_ADDRESS>
      Chloe H. Kolman
      Environment & Natural Resources Division
      Environmental Defense Section
      P.O. Box 7611
      Washington, DC  20044
<PHONE_NUMBER> (phone)
<PHONE_NUMBER> (fax)
<EMAIL_ADDRESS>
      Nina Rivera
      Office of Regional Counsel
      U.S. Environmental Protection Agency, Region 3
      1650 Arch Street
      Philadelphia, PA  19103
<PHONE_NUMBER> (phone)
<PHONE_NUMBER> (fax)
<EMAIL_ADDRESS>
      James Curtin
      Office of General Counsel-2355A
      U.S. Environmental Protection Agency
      1200 Pennsylvania Avenue N.W.
      Washington, D.C.  20460
<PHONE_NUMBER> (phone)
<PHONE_NUMBER> (fax)
<EMAIL_ADDRESS>

      Notice shall be deemed to be given and received on the date received by e-mail transmission or first-class mail, if such notice is given by e-mail transmission or first-class mail to all recipients between 9:00 a.m. and 5:00 p.m. Eastern Standard Time or Eastern Daylight Time, as applicable, on a business weekday. If notice is given by e-mail transmission or first-class mail after 5:00 p.m. on a weekday or on a weekend day, notice shall be deemed received on the next business weekday.
For West Goshen Sewer Authority:

Date:______________	___________________________________
                                    THEODORE MURPHY
                                    Chairman
                                    West Goshen Sewer Authority
                                    848 S. Concord Road
                                    West Chester, PA  19382
<PHONE_NUMBER>

Date:______________	___________________________________
                                    SHAUN WALSH
                                    Secretary
                                    West Goshen Sewer Authority
                                    848 S. Concord Road
                                    West Chester, PA  19382
<PHONE_NUMBER>

For Delaware Riverkeeper Network:

Date:______________	___________________________________
      					MAYA K. van ROSSUM
                              the Delaware Riverkeeper
                              925 Canal Street
                              7[th] Floor, Suite 3701
                              Bristol, PA 19007
<PHONE_NUMBER> x102 (phone)

For United States Environmental Protection Agency:

Date:______________	___________________________________
                                    CHLOE KOLMAN
                                    Trial Attorney
                                    United States Department of Justice
                                    Environment & Natural Resources Division
                                    Environmental Defense Section
                                    601 D Street, NW
                                    Suite 8000
                                    Washington, DC  20004
<PHONE_NUMBER>


[Federal Register Volume 85, Number 212 (Monday, November 2, 2020)]
[Proposed Rules]
[Pages 69281-69282]
[FR Doc No: 2020-24154]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2020-0896; Airspace Docket No. 20-ANM-17]
RIN 2120-AA66

Proposed Modification of Class D Airspace; McChord Field (Joint
Base Lewis-McChord), WA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to modify the Class D airspace at McChord
Field (Joint Base Lewis-McChord), Tacoma, WA. After a review of the
airspace, the FAA found it necessary to amend the existing airspace for
the safety and management of Instrument Flight Rules (IFR) operations
at this airport. This proposal would also remove a reference to the
McChord VORTAC from the legal description, update the airport name and
city, and amend the geographical coordinates for the airport to match
the FAA's database.

DATES: Comments must be received on or before December 17, 2020.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone:
1-800-647-5527, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2020-0896; Airspace Docket No. 20-ANM-17, at the beginning of your
comments. You may also submit comments through the internet at https://www.regulations.gov.
    FAA Order 7400.11E, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11E at NARA, email:
<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Richard Roberts, Federal Aviation
Administration, Western Service Center, Operations Support Group, 2200
S 216th Street, Des Moines, WA 98198; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
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 modify the Class D airspace to support IFR operations at
McChord Field (Joint Base Lewis-McChord), Tacoma, WA.

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. Persons 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-2020-0896;
Airspace Docket No. 20-ANM-17''. The postcard will be date/time stamped
and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at https://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at https://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Northwest Mountain Regional Office of the Federal
Aviation Administration, Air Traffic Organization, Western Service
Center, Operations Support Group, 2200 S 216th Street, Des Moines, WA
98198.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11E, Airspace
Designations and Reporting Points, dated July 21, 2020, and effective
September 15, 2020. FAA Order 7400.11E is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11E lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) part 71 by modifying the lateral dimensions of the
Class D airspace. The FAA initiated a review of the assigned airspace
and drafted the subsequent proposal for modification due to three
actions. The FAA decommissioned the McChord VORTAC because the U.S. Air
Force was no longer going to maintain the NAVAID. As a result of the
decommissioning, the FAA was required to redefine airspace that use the
VORTAC as a reference and remove the references from the associated
airspace descriptions. The U.S. Air Force requested elimination of
previously excluded airspace. In response, the FAA completed an
airspace review to evaluate that request and the Class D airspace had
not been examined in the previous two years as required by FAA Orders.
    The exclusion of Class D airspace that is southeast of the airport
would be eliminated to facilitate transition of aircraft through the
area. A portion of the airspace overlying Lakewood, WA would also be
eliminated, as it is no longer needed.
    In addition, the Legal Descriptions Heading would be corrected to
identify

the proper city and state, the name of the airport and the geographical
coordinates for McChord Field (Joint Base Lewis McChord) to match the
FAA's National Airspace System Resource (NASR) database.
    Class D and Class E airspace designations are published in
paragraph 5000 of FAA Order 7400.11E, dated July 21, 2020, and
effective September 15, 2020, which is incorporated by reference in 14
CFR part 71.1. The Class E airspace designations listed in this
document will be published subsequently in the Order.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. 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, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

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

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

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

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

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR part 71.1 of FAA Order
7400.11E, Airspace Designations and Reporting Points, dated July 21,
2020, and effective September 15, 2020, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ANM WA D Tacoma, WA [AMEND]

McChord Field (Joint Base Lewis-McChord), WA
    (Lat. 47[deg]08'17'' N, long. 122[deg]28'35'' W)

    That airspace extending upward from the surface to and including
2,800 feet MSL within a 5.4-mile radius of the McChord Field (Joint
Base Lewis-McChord), beginning at the point the 315[deg] bearing
intersects the 5.4 mile radius clockwise to the point where the
162[deg] bearing intersects the 5.4 mile radius thence south to lat.
47[deg]02'10'' N, long. 122[deg]26'13'' W, thence west to lat.
47[deg]02'19'' N, long. 122[deg]31'28'' W, thence north to lat.
47[deg]04'17'' N, long. 122[deg]31'26'' W, thence northwest to lat.
47[deg]08'47'' N, long. 122[deg]35'09'' W, thence east to lat.
47[deg]08'35 N, long. 122[deg]03'03 W, thence north to the point of
beginning.

    Issued in Seattle, Washington, on October 27, 2020.
Byron Chew,
Acting Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2020-24154 Filed 10-30-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 100 (Wednesday, May 23, 2012)]
[Proposed Rules]
[Pages 30443-30445]
[FR Doc No: 2012-12455]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0353]
RIN 1625-AA00

Safety Zone; Alexandria Bay Chamber of Commerce, St. Lawrence
River, Alexandria Bay, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone
on the St. Lawrence River, Alexandria Bay, NY. This proposed rule is
intended to restrict vessels from a portion of the St. Lawrence River
during the Alexandria Bay Chamber of Commerce fireworks display. The
safety zone established by this proposed rule is necessary to protect
spectators and vessels from the hazards associated with a fireworks
display.

DATES: Comments and related material must be received by the Coast
Guard on or before June 7, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0353 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email LT Christopher Mercurio, Chief of Waterway
Management, U.S. Coast Guard Sector Buffalo; telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>If you have questions on
viewing or submitting material to the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2012-0353), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via http://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via www.regulations.gov, it will be considered received
by the Coast Guard when you successfully transmit the comment. If you
fax, hand deliver, or mail your comment, it will be considered as
having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an email address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
type the docket number USCG-2012-0353 in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the proposed
rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number USCG-2012-0353 in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. We have an agreement with the Department of Transportation to
use the Docket Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why you believe a public meeting would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.

Background and Purpose

    Between 9:15 p.m. and 9:35 p.m. on July 4, 2012 a fireworks display
will take place on the St. Lawrence River near Alexandria Bay, NY. The
Captain of the Port Buffalo has determined that fireworks launched
proximate to watercraft pose a significant risk to public safety and
property. Such hazards include premature detonations, dangerous
detonations, dangerous projectiles, and falling or burning debris.

Discussion of Proposed Rule

    The proposed safety zone would be effective and enforced from 8:45
p.m. until 10:05 p.m. on July 4, 2012. It would encompass all waters of
St. Lawrence River, Alexandria Bay, NY starting within a 1120FT radius
of position 44[deg]20'38.48'' N, and 075[deg]55'19.07'' W. (NAD 83)
    Entry into, transiting, or anchoring within the proposed safety
zone would be prohibited unless authorized by the Captain of the Port
Buffalo or his on-scene representative. The Captain of the Port or his
on-scene representative may be contacted via VHF Channel 16.
    This proposed temporary safety zone is necessary to ensure the
safety of spectators and vessels during the Alexandria Bay Chamber of
Commerce fireworks display.

Regulatory Analyses

    We developed this proposed 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 proposed 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. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security (DHS). We conclude that this proposed rule is not a
significant regulatory action because we anticipate that it will have
minimal impact on the economy, will not interfere with other agencies,
will not adversely alter the budget of any grant or loan recipients,
and will not raise any novel legal or policy issues. The safety zone
created by this proposed rule will be relatively small and enforced for
relatively short time. Also, the proposed safety zone is designed to
minimize its impact on navigable waters. Furthermore, the proposed
safety zone has been designed to allow vessels to transit around it.
Thus, restrictions on vessel movement within that particular area are
expected to be minimal. Under certain conditions, moreover, vessels may
still transit through the proposed safety zone when permitted by the
Captain of the Port.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities.
    This proposed temporary final rule may affect the following
entities, some of which might be small entities: the owners of
operators of vessels intending to transit or anchor in a portion of the
St. Lawrence River near Alexandria Bay, New York between 8:45 p.m. to
10:05 p.m. on July 4, 2012.
    This proposed safety zone will not have a significant economic
impact on a substantial number of small entities for the following
reasons: This proposed rule will be in effect for only 80 minutes and
the proposed safety zone will allow vessels to move freely around the
proposed safety zone on the St. Lawrence River. If you think that your
business, organization, or governmental jurisdiction qualifies as a
small entity and that this proposed 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
proposed 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 want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If this
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact LT Christopher
Mercurio, Chief of Waterway Management, U.S. Coast Guard Sector
Buffalo; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>The Coast Guard will not retaliate
against small entities that question or complain about this proposed
rule or any policy or action of the Coast Guard.

Collection of Information

    This proposed rule would call 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 proposed 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 proposed rule would not
result in such expenditure, we do discuss the effects of this proposed
rule elsewhere in this preamble.

Taking of Private Property

    This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This proposed rule is not an economically significant rule and
would not create an environmental risk to

health or risk to safety that might disproportionately affect children.

Indian Tribal Governments

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

Energy Effects

    We have analyzed this proposed 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

Environment

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

    2. Add Sec.  165.T09-0353 to read as follows:

Sec.  165.T09-0353  Safety Zone; Alexandria Bay Chamber of Commerce,
St. Lawrence River, Alexandria Bay, NY.

    (a) Location. The safety zone will encompass all waters of the St.
Lawrence River, Alexandria Bay, NY starting within a 1120FT radius of
position 44[deg]20'38.48'' N, and 075[deg]55'19.07'' W. (NAD 83)
    (b) Enforcement Period. This regulation will be enforced on July 4,
2012 from 8:45 p.m. until 10:05 p.m.
    (c) Regulations.
    (1) In accordance with the general regulations in section 165.23 of
this part, entry into, transiting, or anchoring within this safety zone
is prohibited unless authorized by the Captain of the Port Buffalo or
his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Buffalo or his designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port
Buffalo is any Coast Guard commissioned, warrant or petty officer who
has been designated by the Captain of the Port Buffalo to act on his
behalf. The on-scene representative of the Captain of the Port Buffalo
is any Coast Guard commissioned, warrant or petty officer who has been
designated by the Captain of the Port Buffalo to act on his behalf.
    (4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Buffalo or his on-scene
representative to obtain permission to do so. The Captain of the Port
Buffalo or his on-scene representative may be contacted via VHF Channel
16. Vessel operators given permission to enter or operate in the safety
zone must comply with all directions given to them by the Captain of
the Port Buffalo, or his on-scene representative.

    Dated: May 3, 2012.
S.M. Wischmann,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2012-12455 Filed 5-22-12; 8:45 am]
BILLING CODE 9110-04-P