[Federal Register Volume 85, Number 205 (Thursday, October 22, 2020)]
[Proposed Rules]
[Pages 67317-67318]
[FR Doc No: 2020-22955]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2020-0892; Airspace Docket No. 20-AWP-40]
RIN 2120-AA66

Proposed Revocation and Amendment of Class E Airspace; Bucholz
Army Airfield Kwajalein Atoll, Republic of the Marshall Islands

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to remove the Class E airspace designated
as an extension to the Class D airspace and amend the Class E airspace
extending upward from 700 and 1,200 feet above ground level (AGL) at
Bucholz Army Airfield (AAF), Kwajalein Atoll, Republic of the Marshall
Islands. The Class E airspace extending upward from 700 feet would be
amended to ensure it does not extend beyond 12 nautical miles (NM) from
the outer shoreline of the Atoll into international airspace.

DATES: Comments must be received on or before December 7, 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-2020-0892; Airspace Docket No. 20-AWP-40 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
Rules and Regulations 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: Christopher McMullin, Rules and
Regulations Group, Office of Policy, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it would modify the route structure as necessary to
preserve the safe and efficient flow of air traffic within the National
Airspace System.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers (FAA Docket No. FAA-
2020-0892; Airspace Docket No. 20-AWP-40) and be submitted in
triplicate to the Docket Management Facility (see ADDRESSES section for
address and phone number). You may also submit comments through the
internet at https://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to FAA Docket No. FAA-2020-0892; Airspace Docket No. 20-AWP-40.'' The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified comment
closing date will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the comment
closing date. 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 ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the office of the Western Service Center, Operations
Support Group, Federal Aviation Administration, 2200 South 216th St.,
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.

Background

    The FAA, in coordination with the United States Army conducted an
evaluation of the Bucholz AAF, Kwajalein Atoll, Republic of the
Marshall Islands airspace to ensure it met airspace criteria and was
the minimum necessary for terminal air traffic operations at the
airport. Upon review, it was determined that the existing airspace and
associated amendments accomplished since the Republic of the Marshall
Islands achieved self-governance in 1979 and full sovereignty in 1986,
have continued without recognition or consideration of that
sovereignty. The airspace evaluation revealed that the lateral
boundaries of the domestic Class E airspace, extending upward from
1,200 feet AGL, are established in international airspace, beyond 12 NM

from the Atoll. Oakland Oceanic Air Route Traffic Control Center
(ARTCC) does not use the existing Class E domestic airspace while
providing enroute air traffic services, so the additional airspace
beyond 12 NM is not required.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) part 71 by removing the Class E airspace
designated as an extension to the Class D and modifying the Class E
airspace extending upward from 700 feet AGL at Bucholz AAF, Kwajalein
Island.
    The FAA proposes to remove the Class E4 airspace as aircraft using
the published approaches do not descend below 1,000 feet more than 2
miles outside the Bucholtz AAF Class D surface area. Thus, the airspace
does not meet the requirements for a Class E airspace area designated
as an extension to a Class D.
    In addition, the FAA proposes to amend the Class E airspace
extending upward from 700 feet above the surface of the earth by
removing that airspace extending upward from 1,200 feet AGL within a
100-mile radius of the airport and add language to exclude anything
beyond the U.S. Territorial Zone. Oakland Oceanic ARTCC does not
require the additional airspace to provide enroute air traffic
services.
    Class E Airspace Areas Designated as an extension to a Class D or
Class E Surface Area, and Class E Airspace Areas Extending Upward from
700 feet or More Above the Surface of the Earth are published in
section 6004, and 6005 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 Airspace listed in this document will be
subsequently published in the Order.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

ICAO Considerations

    As part of this proposal relates to navigable airspace outside the
United States, this notice is submitted in accordance with the
International Civil Aviation Organization (ICAO) International
Standards and Recommended Practices. The application of International
Standards and Recommended Practices by the FAA, Office of Policy, Rules
and Regulations Group, in areas outside the United States domestic
airspace, is governed by the Convention on International Civil
Aviation. Specifically, the FAA is governed by Article 12 and Annex 11,
which pertain to the establishment of necessary air navigational
facilities and services to promote the safe, orderly, and expeditious
flow of civil air traffic. The purpose of Article 12 and Annex 11 is to
ensure that civil aircraft operations on international air routes are
performed under uniform conditions.
    The International Standards and Recommended Practices in Annex 11
apply to airspace under the jurisdiction of a contracting state,
derived from ICAO. Annex 11 provisions apply when air traffic services
are provided and a contracting state accepts the responsibility of
providing air traffic services over high seas or in airspace of
undetermined sovereignty. A contracting state accepting this
responsibility may apply the International Standards and Recommended
Practices that are consistent with standards and practices utilized in
its domestic jurisdiction.
    In accordance with Article 3 of the convention, state-owned
aircraft are exempt from the Standards and Recommended Practices of
Annex 11. The United States is a contracting state to the Convention.
Article 3(d) of the Convention provides that participating state
aircraft will be operated in international airspace with due regard for
the safety of civil aircraft.

Regulatory Notices and Analyses

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

Environmental Review

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

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

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

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

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

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

Sec.  71.1  [Amended]

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

Paragraph 6004 Class E Airspace Areas Designated as an Extension to
a Class D or Class E Surface Area.

* * * * *

AWP RM E4 Kwajalein Island, Marshall Islands, RMI [Removed]

Bucholz AAF (Kwajalein KMR) (ATOLL), Kwajalein Island
    (Lat. 08[deg]43'12'' N, long. 167[deg]43'54'' E)
* * * * *

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

AWP RM E5 Kwajalein Island, Marshall Islands, RMI [Amended]

Bucholz AAF (Kwajalein KMR) (ATOLL), Kwajalein Island
    (Lat. 08[deg]43'12'' N, long. 167[deg]43'54'' E)

    That airspace extending upward from 700 feet above the surface
of the earth within a 12-mile radius of Bucholz AAF (Kwajalein KMR)
(ATOLL), excluding that airspace that extends beyond 12 miles from
and parallel to the Kwajalein outer shoreline.
* * * * *

    Issued in Washington, DC, on October 13, 2020.
Scott M. Rosenbloom,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2020-22955 Filed 10-21-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 228 (Tuesday, November 26, 2013)]
[Notices]
[Pages 70617-70623]
[FR Doc No: 2013-28363]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

Notice of Funding Availability for the Small Business
Transportation Resource Center Program

AGENCY: Department of Transportation (DOT), Office of the Secretary of
Transportation (OST), Office of Small and Disadvantaged Business
Utilization (OSDBU).

ACTION: Notice of funding availability for the Northwest Region.

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SUMMARY: The Department of Transportation (DOT), Office of the
Secretary (OST), Office of Small and Disadvantaged Business Utilization
(OSDBU) announces the opportunity for; (1) Business centered community-
based organizations; (2) transportation-related trade associations; (3)
colleges and universities; (4) community colleges or; (5) chambers of
commerce, registered with the Internal Revenue Service as 501 C (6) or
501 C (3) tax-exempt organizations, to compete for participation in
OSDBU's Small Business Transportation Resource Center (SBTRC) program
in the Northwest Region.
    OSDBU will enter into Cooperative Agreements with these
organizations to provide outreach to the small business community in
their designated region and provide financial and technical assistance,
business training programs, business assessment, management training,
counseling, marketing and outreach, and the dissemination of
information, to encourage and assist small businesses to become better
prepared to compete for, obtain, and manage DOT funded transportation-
related contracts and subcontracts at the federal, state and local
levels. Throughout this notice, the term ``small business'' will refer
to: 8(a), small disadvantaged businesses (SDB), disadvantaged business
enterprises (DBE), women owned small businesses (WOSB), HubZone,
service disabled veteran owned businesses (SDVOB), and veteran owned
small businesses (VOSB). Throughout this notice, ``transportation-
related'' is defined as

the maintenance, rehabilitation, restructuring, improvement, or
revitalization of any of the nation's modes of transportation.
    Funding Opportunity Number: USDOT-OST-OSDBU-SBTRC2014NWRSBTRC-1.
    Catalog of Federal Domestic Assistance (CFDA) Number: 20.910
Assistance to Small and Disadvantaged Businesses.
    Type of Award: Cooperative Agreement.
    Award Ceiling: $170,000.
    Award Floor: $135,000.

    Program Authority: DOT is authorized under 49 U.S.C. Sec.  332
(b) (4), (5) & (7) to design and carry out programs to assist small
disadvantaged businesses in getting transportation-related contracts
and subcontracts; develop support mechanisms, including management
and technical services, that will enable small disadvantaged
businesses to take advantage of those business opportunities; and to
make arrangements to carry out the above purposes.

DATES: Complete Proposals must be electronically submitted to OSDBU via
email on or before January 16, 2014 5:00pm Eastern Standard Time (EST).
Proposals received after the deadline will be considered non-responsive
and will not be reviewed. The applicant is advised to request delivery
receipt notification for email submissions. DOT plans to give notice of
award for the competed region on or before January 31, 2014.

ADDRESSES: Applications must be electronically submitted to OSDBU via
email at<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: For further information concerning
this notice, contact Ms. Patricia Martin-Dean, Program Analyst or Mark
Antoniewicz, Small Business Specialist U.S. Department of
Transportation, Office of Small and Disadvantaged Business Utilization,
1200 New Jersey Avenue SE., W56-462, Washington, DC, 20590. Telephone:
1-800-532-1169 or email<EMAIL_ADDRESS>or
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

1. Introduction
    1.1 Background
    1.2 Program Description and Goals
    1.3 Description of Competition
    1.4 Duration of Agreements
    1.5 Authority
    1.6 Eligibility Requirements
2. Program Requirements
    2.1 Recipient Responsibilities
    2.2 Office of Small and Disadvantaged Business Utilization
Responsibilities
3. Submission of Proposals
    3.1 Format for Proposals
    3.2 Address, Number of Copies, Deadline for Submission
4. Selection Criteria
    4.1 General Criteria
    4.2 Scoring of Applications
    4.3 Conflicts of Interest
Format for Proposals--Appendix A

Full Text of Announcement

1. Introduction

1.1 Background

    The Department of Transportation (DOT) established Office of Small
and Disadvantaged Business Utilization (OSDBU) in accordance with
Public Law 95-507, an amendment to the Small Business Act and the Small
Business Investment Act of 1958.
    The mission of OSDBU at DOT is to ensure that the small and
disadvantaged business policies and goals of the Secretary of
Transportation are developed and implemented in a fair, efficient and
effective manner to serve small and disadvantaged businesses throughout
the country. The OSDBU also administers the provisions of Title 49,
Section 332, the Minority Resource Center (MRC) which includes the
duties of advocacy, outreach and financial services on behalf of small
and disadvantaged business and those certified under CFR 49 parts 23
and or 26 as Disadvantaged Business Enterprises (DBE) and the
development of programs to encourage, stimulate, promote and assist
small businesses to become better prepared to compete for, obtain and
manage transportation-related contracts and subcontracts.
    The Regional Assistance Division of OSDBU, through the SBTRC
program, allows OSDBU to partner with local organizations to offer a
comprehensive delivery system of business training, technical
assistance and dissemination of information, targeted towards small
business transportation enterprises in their regions.

1.2 Program Description and Goals

    The national SBTRC program utilizes Cooperative Agreements with
chambers of commerce, trade associations, educational institutions and
business-centered community based organizations to establish SBTRCs to
provide business training, technical assistance and information to DOT
grantees and recipients, prime contractors and subcontractors. In order
to be effective and serve their target audience, the SBTRCs must be
active in the local transportation community in order to identify and
communicate opportunities and provide the required technical
assistance. SBTRCs must already have, or demonstrate the ability to,
establish working relationships with the state and local transportation
agencies and technical assistance agencies (i.e., The U.S. Department
of Commerce's Minority Business Development Centers (MBDCs), Small
Business Development Centers (SBDCs), and Procurement Technical
Assistance Centers (PTACs), SCORE and State DOT highway supportive
services contractors in their region. Utilizing these relationships and
their own expertise, the SBTRCs are involved in activities such as
information dissemination, small business counseling, and technical
assistance with small businesses currently doing business with public
and private entities in the transportation industry.
    Effective outreach is critical to the success of the SBTRC program.
In order for their outreach efforts to be effective, SBTRCs must be
familiar with DOT's Operating Administrations, its funding sources, and
how funding is awarded to DOT grantees, recipients, contractors,
subcontractors, and its financial assistance programs. SBTRCs must
provide outreach to the regional small business transportation
community to disseminate information and distribute DOT-published
marketing materials, such as Short Term Lending Program (STLP)
Information, Bonding Education Program (BEP) information, SBTRC
brochures and literature, Procurement Forecasts; Contracting with DOT
booklets, Women and Girls in Transportation Initiative (WITI)
information, and any other materials or resources that DOT or OSDBU may
develop for this purpose. To maximize outreach, the SBTRC may be called
upon to participate in regional and national conferences and seminars.
Quantities of DOT publications for on-hand inventory and dissemination
at conferences and seminars will be available upon request from the
OSDBU office.

1.3 Description of Competition

    The purpose of this Request for Proposal (RFP) is to solicit
proposals from transportation-related trade associations, chambers of
commerce, community based entities, colleges and universities,
community colleges, and any other qualifying transportation-related
non-profit organizations with the desire and ability to partner with
OSDBU to establish and maintain an SBTRC.
    It is OSDBU's intent to award a Cooperative Agreement to one
organization in the Northwest Region, from herein referred to as
``region'', in this solicitation. However, if warranted, OSDBU reserves
the option to make multiple awards to selected partners.

Proposals submitted for a region must contain a plan to service all
states listed in the entire region, not just the SBTRC's state or local
geographical area. The region's SBTRC headquarters must be established
in one of the designated states set forth below. Submitted proposals
must also contain justification for the establishment of the SBTRC
headquarters in a particular city within the designated state.

SBTRC Region Competed in This Solicitation:

Northwest Region:
    Washington
    Oregon
    Alaska
    Montana
    Idaho

    Program requirements and selection criteria, set forth in Sections
2 and 4 respectively, indicate that the OSDBU intends for the SBTRC to
be multidimensional; that is, the selected organization must have the
capacity to effectively access and provide supportive services to the
broad range of small businesses within the respective geographical
region. To this end, the SBTRC must be able to demonstrate that they
currently have established relationships within the geographic region
with whom they may coordinate and establish effective networks with DOT
grant recipients and local/regional technical assistance agencies to
maximize resources.
    Cooperative agreement awards will be distributed to the region(s)
as follows:

Northwest Region:
    Ceiling: $170,000 per year
    Floor: $135,000 per year

    Cooperative agreement awards by region are based upon an analysis
of DBEs, Certified Small Businesses, and US DOT transportation dollars
in each region.
    It is OSDBU's intent to maximize the benefits received by the small
business transportation community through the SBTRC. Funding may be
utilized to reimburse an on-site Project Director up to 100% of salary
plus fringe benefits, an on-site Executive Director up to 20% of salary
plus fringe benefits, up to 100% of a Project Coordinator salary plus
fringe benefits, the cost of designated SBTRC space, other direct
costs, and all other general and administrative expenses. Selected
SBTRC partners will be expected to provide in-kind administrative
support. Submitted proposals must contain an alternative funding source
with which the SBTRC will fund administrative support costs. Preference
will be given to proposals containing in-kind contributions for the
Project Director, the Executive Director, the Project Coordinator, cost
of designated SBTRC space, other direct costs, and all other general
and administrative expenses.

1.4 Duration of Agreements

    The cooperative agreement will be awarded for a period of 12 months
(one year) with options for two (2) additional one year periods. OSDBU
will notify the SBTRC of our intention to exercise an option year or
not to exercise an option year 30 days in advance of expiration of the
current year.

1.5 Authority

    DOT is authorized under 49 U.S.C. 332 (b) (4), (5) &(7) to design
and carry out programs to assist small disadvantaged businesses in
getting transportation-related contracts and subcontracts; develop
support mechanisms, including management and technical services, that
will enable small disadvantaged businesses to take advantage of those
business opportunities; and to make arrangements to carry out the above
purposes.

1.6 Eligibility Requirements

    To be eligible, an organization must be an established, nonprofit,
community-based organization, transportation-related trade association,
chamber of commerce, college or university, community college, and any
other qualifying transportation-related non-profit organization which
has the documented experience and capacity necessary to successfully
operate and administer a coordinated delivery system that provides
access for small businesses to prepare and compete for transportation-
related contracts.
    In addition, to be eligible, the applicant organization must:
    (A) Be an established 501 C (3) or 501 C (6) tax-exempt
organization and provide documentation as verification. No application
will be accepted without proof of tax-exempt status;
    (B) Have at least one year of documented and continuous experience
prior to the date of application in providing advocacy, outreach, and
technical assistance to small businesses within the region in which
proposed services will be provided. Prior performance providing
services to the transportation community is preferable, but not
required; and
    (C) Have an office physically located within the proposed city in
the designated headquarters state in the region for which they are
submitting the proposal that is readily accessible to the public.

2. Program Requirements

2.1 Recipient Responsibilities

(A) Assessments, Business Analyses
    1. Conduct an assessment of small businesses in the SBTRC region to
determine their training and technical assistance needs, and use
information that is available at no cost to structure programs and
services that will enable small businesses to become better prepared to
compete for and receive transportation-related contract awards.
    2. Contact other federal, state and local government agencies, such
as the U.S. Small Business Administration (SBA), state and local
highway agencies, state and local airport authorities, and transit
authorities to identify relevant and current information that may
support the assessment of the regional small business transportation
community needs.
(B) General Management & Technical Training and Assistance
    1. Utilize OSDBU's DOT F 4500 Intake Form to document each small
business assisted by the SBTRC and type of service(s) provided. The
information must be transferred to the monthly reporting form and
transmitted electronically to the SBTRC Small Business Specialist on a
monthly basis, accompanied by a narrative report on the activities and
performance results for that period. The data gathered must be
supportive by the narrative and must relate to the numerical data on
the monthly reports.
    2. Ensure that an array of information is made available for
distribution to the small business transportation community that is
designed to inform and educate the community on DOT/OSDBU services and
opportunities.
    3. Coordinate efforts with OSDBU's in order to maintain an on-hand
inventory of DOT/OSDBU informational materials for general
dissemination and for distribution at transportation-related
conferences and other events.
(C) Business Counseling
    1. Collaborate with agencies, such as the State, Regional, and
Local Transportation Government Agencies, SBA, U.S. Department of
Commerce's Minority Business Development Centers (MBDCs), Service Corps
of Retired Executives (SCORE), Procurement Technical Assistance Centers
(PTACs), and Small Business Development Centers (SBDCs), to offer a
broad range of counseling services to transportation-related small
business enterprises.
    2. Create a technical assistance plan that will provide each
counseled

participant with the knowledge and skills necessary to improve the
management of their own small business to expand their transportation-
related contracts and subcontracts portfolio.
    3. Provide a minimum of 20 hours of individual or group counseling
sessions to small businesses per month.
(D) Planning Committee
    1. Establish a Regional Planning Committee consisting of at least 7
members that includes representatives from the regional community and
federal, state, and local agencies. The highway, airport, and transit
authorities for the SBTRC's headquarters state must have representation
on the planning committee. This committee shall be established no later
than 60 days after the execution of the Cooperative agreement between
the OSDBU and the selected SBTRC.
    2. Provide a forum for the federal, state, and local agencies to
disseminate information about upcoming procurements.
    3. Hold either monthly or quarterly meetings at a time and place
agreed upon by SBTRC and planning committee members.
    4. Use the initial session (teleconference call) by the SBTRC
explain the mission of the committee and identify roles of the staff
and the members of the group.
    5. Responsibility for the agenda and direction of the Planning
Committee should be handled by the SBTRC Executive Director or his/her
designee.
(E) Outreach Services/Conference Participation
    1. Utilize the services of the System for Award Management (SAM)
and other sources to construct a database of regional small businesses
that currently or may in the future participate in DOT direct and DOT
funded transportation related contracts, and make this database
available to OSDBU, upon request.
    2. Utilize the database of regional transportation-related small
businesses to match opportunities identified through the planning
committee forum, FedBiz Opps (a web-based system for posting
solicitations and other Federal procurement-related documents on the
Internet), and other sources to eligible small businesses and inform
the small business community about those opportunities.
    3. Develop a ``targeted'' database of firms (100-150) that have the
capacity and capabilities, and are ready, willing and able to
participate in DOT contracts and subcontracts immediately. This control
group will receive ample resources from the SBTRC, i.e., access to
working capital, bonding assistance, business counseling, management
assistance and direct referrals to DOT agencies at the state and local
levels, and to prime contractors as effective subcontractor firms.
    4. Identify regional, state and local conferences where a
significant number of small businesses, with transportation related
capabilities, are expected to be in attendance. Maintain and submit a
list of those events to the SBTRC Small Business Specialist for review
and posting on the OSDBU Web site on a monthly basis. Clearly identify
the events designated for SBTRC participation and include
recommendations for OSDBU participation.
    5. Conduct outreach and disseminate information to small businesses
at regional transportation-related conferences, seminars, and
workshops. In the event that the SBTRC is requested to participate in
an event, the SBTRC will send DOT materials, the OSDBU banner and other
information that is deemed necessary for the event.
    6. Upon request by OSDBU, coordinate efforts with DOT's grantees
and recipients at the state and/or local levels to sponsor or cosponsor
an OSDBU transportation related conference in the region
    7. Participate in monthly teleconference call with the Regional
Assistance Division Program Manager and OSDBU staff.
(F) Short-Term Lending Program (STLP)
    1. Work with STLP participating banks and if not available, other
lending institutions to deliver a minimum of five (5) seminars/
workshops per year on the STLP financial assistance program to the
transportation-related small business community. The seminar/workshop
must cover the entire STLP process, from completion of STLP loan
applications and preparation of the loan package to graduation from the
STLP.
    2. Provide direct support, technical support, and advocacy services
to potential STLP applicants to increase the probability of STLP loan
approval and generate a minimum of 7 approved STLP applications per
year.
(G) Bonding Education Program (BEP)
    Work with OSDBU, bonding industry partners, local small business
transportation stakeholders, and local bond producers/agents in your
region to deliver a minimum of 2 complete BEP series. The BEP series
consists of the following components; (1) the stakeholder's meeting;
(2) the educational workshops component; (3) the bond readiness
component; and (4) follow-on assistance to BEP participants via
technical and procurement assistance based on the prescriptive plan
determined by the OSDBU's BEP Program Manager. For each BEP series the
awardee will work with the local bond producers/agents in your region
and the disadvantaged business participants to deliver minimum of 10
disadvantaged business participants in the BEP series with either
access to bonding or an increase in bonding capacity. Furnish all
labor, facilities and equipment to perform the services described in
this announcement.
(H) Women and Girls in Transportation Initiative (WITI)
    Pursuant to Executive Order 13506, and 49 U.S.C. 332 (b) (4) & (7),
the SBTRC shall administer the WITI in their geographical region. The
SBTRC shall implement the DOT WITI program as defined by the DOT WITI
Policy. The WITI program is designed to identify, educate, attract, and
retain women and girls from a variety of disciplines in the
transportation industry. The SBTRC shall also be responsible for
outreach activities in the implementation of this program and
advertising the WITI program to all colleges and universities and
transportation entities in their region. The WITI program shall be
developed in conjunction with the skill needs of the USDOT, state and
local transportation agencies and appropriate private sector
transportation-related participants including, S/WOBs/DBEs, and women
organizations involved in transportation. Emphasis shall be placed on
establishing partnerships with transportation-related businesses. The
SBTRC will be required to host 1 WITI event and attend at least 5
events where WITI is presented and marketed.

2.2 Office of Small and Disadvantaged Business Utilization (OSDBU)
Responsibilities

    (A) Provide consultation and technical assistance in planning,
implementing and evaluating activities under this announcement.
    (B) Provide orientation and training to the applicant organization.
    (C) Monitor SBTRC activities, cooperative agreement compliance, and
overall SBTRC performance.
    (D) Assist SBTRC to develop or strengthen its relationships with
federal, state, and local transportation authorities, other technical
assistance organizations, and DOT grantees.
    (E) Facilitate the exchange and transfer of successful program
activities

and information among all SBTRC regions.
    (F) Provide the SBTRC with DOT/OSDBU materials and other relevant
transportation related information for dissemination.
    (G) Maintain effective communication with the SBTRC and inform them
of transportation news and contracting opportunities to share with
small businesses in their region.
    (H) Provide all required forms to be used by the SBTRC for
reporting purposes under the program.
    (I) Perform a semi-annual and annual performance evaluation of the
SBTRC. Satisfactory performance is a condition of continued
participation of the organization as an SBTRC and execution of all
option years.

3. Submission of Proposals

3.1 Format for Proposals
    Each proposal must be submitted to DOT's OSDBU in the format set
forth in the application form attached as Appendix A to this
announcement.
3.2 Address; Number of Copies; Deadlines for Submission
    Any eligible organization, as defined in Section 1.6 of this
announcement, will submit only one proposal per organization for
consideration by OSDBU. Applications must be double spaced, and printed
in a font size not smaller than 12 points. Applications will not exceed
35 single-sided pages, not including any requested attachments. All
pages should be numbered and centered at the bottom of each page. All
documentation, attachments, or other information pertinent to the
application must be included in a single submission. Proposal packages
must be submitted electronically to OSDBU at<EMAIL_ADDRESS>The
applicant is advised to turn on request delivery receipt notification
for email submission. Proposals must be received by DOT/OSDBU no later
than January 16, 2014, 5:00 p.m., EST. If you have any problems
submitting your proposal, please email<EMAIL_ADDRESS>or
<EMAIL_ADDRESS>or telephone the Regional Assistance Division
staff at<PHONE_NUMBER>.

4. Selection Criteria

4.1 General Criteria
    OSDBU will award the cooperative agreement on a best value basis,
using the following criteria to rate and rank applications:
    Applications will be evaluated using a point system (maximum number
of points = 100);
     Approach and strategy (25 points).
     Linkages (25 points).
     Organizational Capability/Site visit (25 points).
     Staff Capabilities and Experience (15 points).
     Cost Proposal (10 points).
(A) Approach and Strategy (25 Points)
    The applicant must describe their strategy to achieve the overall
mission of the SBTRC as described in this solicitation and service the
small business community in their entire geographic regional area. The
applicant must also describe how the specific activities outlined in
Section 2.1 will be implemented and executed in the organization's
regional area. OSDBU will consider the extent to which the proposed
objectives are specific, measurable, time-specific, and consistent with
OSDBU goals and the applicant organization's overall mission. OSDBU
will give priority consideration to applicants that demonstrate
innovation and creativity in their approach to assist small businesses
to become successful transportation contractors and increase their
ability to access DOT contracting opportunities and financial
assistance programs. Applicants must also submit the estimated direct
costs, other than labor, to execute their proposed strategy. OSDBU will
consider the quality of the applicant's plan for conducting program
activities and the likelihood that the proposed methods will be
successful in achieving proposed objectives at the proposed cost.
(B) Linkages (25 Points)
    The applicant must describe their established relationships within
their geographic region and demonstrate their ability to coordinate and
establish effective networks with DOT grant recipients and local/
regional technical assistance agencies to maximize resources. OSDBU
will consider innovative aspects of the applicant's approach and
strategy to build upon their existing relationships and established
networks with existing resources in their geographical area. The
applicant should describe their strategy to obtain support and
collaboration on SBTRC activities from DOT grantees and recipients,
transportation prime contractors and subcontractors, the SBA, U.S.
Department of Commerce's Minority Business Development Centers (MBDCs),
Service Corps of Retired Executives (SCORE), Procurement Technical
Assistance Centers (PTACs), Small Business Development Centers (SBDCs),
State DOTs, and State highway supportive services contractors. In
rating this factor, OSDBU will consider the extent to which the
applicant demonstrates ability to be multidimensional. The applicant
must demonstrate that they have the ability to access a broad range of
supportive services to effectively serve a broad range of
transportation-related small businesses within their respective
geographical region. Emphasis will also be placed on the extent to
which the applicant identifies a clear outreach strategy related to the
identified needs that can be successfully carried out within the period
of this agreement and a plan for involving the Planning Committee in
the execution of that strategy.
(C) Organizational Capability (25 Points)
    The applicant must demonstrate that they have the organizational
capability to meet the program requirements set forth in Section 2. The
applicant organization must have sufficient resources and past
performance experience to successfully provide outreach to the small
business transportation resources in their geographical area and carry
out the mission of the SBTRC. In rating this factor, OSDBU will
consider the extent to which the applicant's organization has recent,
relevant and successful experience in advocating for and addressing the
needs of small businesses. Applicants will be given points for
demonstrated past transportation-related performance. The applicant
must also describe technical and administrative resources it plans to
use in achieving proposed objectives. In their description, the
applicant must describe their facilities, computer and technical
facilities, ability to tap into volunteer staff time, and a plan for
sufficient matching alternative financial resources to fund the general
and administrative costs of the SBTRC. The applicant must also describe
their administrative and financial management staff. It will be the
responsibility of the successful candidate to not only provide the
services outlined herein to small businesses in the transportation
industry, but to also successfully manage and maintain their internal
financial, payment and invoicing process with their financial
management offices. OSDBU will place an emphasis on capabilities of the
applicant's financial management staff. Additionally, a site visit will
be required prior to award for those candidates that are being strongly
considered. A member of the OSDBU team will contact those candidates to

schedule the site visits prior to the award of the agreement.
(D) Staff Capability and Experience (15 Points)
    The applicant organization must provide a list of proposed
personnel for the project, with salaries, fringe benefit burden
factors, educational levels and previous experience clearly delineated.
The applicant's project team must be well-qualified, knowledgeable, and
able to effectively serve the diverse and broad range of small
businesses in their geographical region. The Executive Director and the
Project Director shall be deemed key personnel. Detailed resumes must
be submitted for all proposed key personnel and outside consultants and
subcontractors. Proposed key personnel must have detailed demonstrated
experience providing services similar in scope and nature to the
proposed effort. The proposed Project Director will serve as the
responsible individual for the program. 100% of the Project Director's
time must be dedicated to the SBTRC. Both the Executive Director and
the Project Director must be located on-site. In this element, OSDBU
will consider the extent to which the applicant's proposed Staffing
Plan; (a) clearly meets the education and experience requirements to
accomplish the objectives of the cooperative agreement; (b) delineates
staff responsibilities and accountability for all work required and;
(c) presents a clear and feasible ability to execute the applicant's
proposed approach and strategy.
(E) Cost Proposal (10 Points)
    Applicants must submit the total proposed cost of establishing and
administering the SBTRC in the applicant's geographical region for a 12
month period, inclusive of costs funded through alternative matching
resources. The applicant's budget must be adequate to support the
proposed strategy and costs must be reasonable in relation to project
objectives. The portion of the submitted budget funded by OSDBU cannot
exceed the ceiling outlined in Section 1.3: Description of Competition
of this RFP per fiscal year. Applicants are encouraged to provide in-
kind costs and other innovative cost approaches.
4.2 Scoring of Applications
    A review panel will score each application based upon the
evaluation criteria listed above. Points will be given for each
evaluation criteria category, not to exceed the maximum number of
points allowed for each category. Proposals which are deemed non-
responsive, do not meet the established criteria, or incomplete at the
time of submission will be disqualified.
    OSDBU will perform a responsibility determination of the
prospective awardee in the region, which will include a site visit,
before awarding the cooperative agreement.
4.3 Conflicts of Interest
    Applicants must submit signed statements by key personnel and all
organization principals indicating that they, or members of their
immediate families, do not have a personal, business or financial
interest in any DOT-funded transportation project, nor any
relationships with local or state transportation agencies that may have
the appearance of a conflict of interest.

 APPENDIX A

FORMAT FOR PROPOSALS FOR THE DEPARTMENT OF TRANSPORTATION OFFICE OF
SMALL AND DISADVANTAGED BUSINESS UTILIZATION'S SMALL BUSINESS
TRANSPORTATION RESOURCE CENTER (SBTRC) PROGRAM

    Submitted proposals for the DOT, Office of Small and
Disadvantaged Business Utilization's Small Business Transportation
Resource Center Program must contain the following 12 sections and
be organized in the following order:

1. TABLE OF CONTENTS

    Identify all parts, sections and attachments of the application.

2. APPLICATION SUMMARY

    Provide a summary overview of the following:
     The applicant's proposed SBTRC region and city and key
elements of the plan of action/strategy to achieve the SBTRC
objectives.
     The applicant's relevant organizational experience and
capabilities.

3. UNDERSTANDING OF THE WORK

    Provide a narrative which contains specific project information
as follows:
     The applicant will describe its understanding of the
OSDBU's SBTRC program mission and the role of the applicant's
proposed SBTRC in advancing the program goals.
     The applicant will describe specific outreach needs of
transportation-related small businesses in the applicant's region
and how the SBTRC will address the identified needs.

4. APPROACH AND STRATEGY

     Describe the applicant's plan of action/strategy for
conducting the program in terms of the tasks to be performed.
     Describe the specific services or activities to be
performed and how these services/activities will be implemented.
     Describe innovative and creative approaches to assist
small businesses to become successful transportation contractors and
increase their ability to access DOT contracting opportunities and
financial assistance programs.
     Estimated direct costs, other than labor, to execute
the proposed strategy.

5. LINKAGES

     Describe established relationships within the
geographic region and demonstrate the ability to coordinate and
establish effective networks with DOT grant recipients and local/
regional technical assistance agencies.
     Describe the strategy to obtain support and
collaboration on SBTRC activities from DOT grantees and recipients,
transportation prime contractors and subcontractors, the SBA, U.S.
Department of Commerce's Minority Business Development Centers
(MBDCs), Service Corps of Retired Executives (SCORE), Procurement
Technical Assistance Centers (PTACs), Small Business Development
Centers (SBDCs), State DOTs, and State highway supportive services
contractors.
     Describe the outreach strategy related to the
identified needs that can be successfully carried out within the
period of this agreement and a plan for involving the Planning
Committee in the execution of that strategy.

6. ORGANIZATIONAL CAPABILITY

     Describe recent and relevant past successful
performance in addressing the needs of small businesses,
particularly with respect to transportation-related small
businesses.
     Describe internal technical, financial management, and
administrative resources.
     Propose a plan for sufficient matching alternative
financial resources to fund the general and administrative costs of
the SBTRC.

7. STAFF CAPABILITY AND EXPERIENCE

     List proposed key personnel, their salaries and
proposed fringe benefit factors.
     Describe the education, qualifications and relevant
experience of key personnel. Attach detailed resumes.
     Proposed staffing plan. Describe how personnel are to
be organized for the program and how they will be used to accomplish
program objectives. Outline staff responsibilities, accountability
and a schedule for conducting program tasks.

8. COST PROPOSAL

     Outline the total proposed cost of establishing and
administering the SBTRC in the applicant's geographical region for a
12 month period, inclusive of costs funded through alternative
matching resources. Clearly identify the portion of the costs funded
by OSDBU.
     Provide a brief narrative linking the cost proposal to
the proposed strategy.

9. PROOF OF TAX EXEMPT STATUS

10. ASSURANCES SIGNATURE FORM

    Complete the attached Standard Form 424B ASSURANCES-NON-
CONSTRUCTION PROGRAMS.

11. CERTIFICATION SIGNATURE FORMS

    Complete form DOTF2307-1 Drug-Free Workplace Act Certification
and Form DOT

F2308-1 Certification Regarding Lobbying for Contracts, Grants,
Loans, and Cooperative Agreements.

SIGNED CONFLICT OF INTEREST STATEMENTS

    The statements must say that they, or members of their immediate
families, do not have a personal, business or financial interest in
any DOT-funded transportation projects, nor any relationships with
local or state transportation agencies that may have the appearance
of a conflict of interest.

12. STANDARD FORM 424

    Complete Standard Form 424 Application for Federal Assistance.

    Note: All forms can be downloaded from U.S. Department of
Transportation Web site at http://www.dot.gov/gsearch/424%2Bform.

    PLEASE BE SURE THAT ALL FORMS HAVE BEEN SIGNED BY AN AUTHORIZED
OFFICIAL WHO CAN LEGALLY REPRESENT THE ORGANIZATION.

    Issued in Washington, DC on November 18, 2013.
Brandon Neal,
Director, Office of Small and Disadvantaged Business Utilization,
Office of the Secretary, U.S. Department of Transportation .

[FR Doc. 2013-28363 Filed 11-25-13; 8:45 am]
BILLING CODE 4910-9X--P


Technical Support Document

NOx RACT Source Specific SIP Revision – State of New Jersey

Trigen-Trenton Energy Co. L.P.

February 29, 2008

INTRODUCTION

Title I of the Clean Air Act Amendments of 1990 (Act or CAA) contains
many new and revised requirements for areas that have not attained the
national ambient air quality standards for ozone.  Section 182(f) of the
Act requires States to apply the same requirements to major stationary
sources of nitrogen dioxide (NOx) as defined by §§ 302 and 182(c),
(d), and (e) of the Act, as are applied to major stationary sources of
volatile organic compounds (VOC).  The new NOx requirements are
reasonable available control technology (RACT) and new source review for
major stationary sources in certain ozone nonattainment areas and
throughout any ozone transport region.

On November 25, 1992, the Environmental Protection Agency (EPA)
published a NOx Supplement to the General Preamble (NOx Supplement) to
provide guidance on implementation of new provisions of the Act
concerning emissions of NOx.  57 Fed. Reg. 55620 (Nov. 25, 1992).  The
reader should refer to “The General Preamble for Implementation of
Title I of the Clean Air Act Amendments,” 57 Fed. Reg. 13498 (Apr. 16,
1992), and the NOx Supplement for a more detailed discussion of the
other NOx requirements.

This technical support document (TSD) deals primarily with the State of
New Jersey Department of Environmental Protection’s (NJDEP’s) State
Implementation Plan (SIP) revision to the ozone SIP.  This SIP was
submitted to address the NOx RACT requirements specific to the internal
combustion engines operated by Trigen-Trenton Energy Company L.P., in
Trenton, NJ.

CLEAN AIR ACT REQUIREMENTS FOR NOx RACT AND OZONE ATTAINMENT; AND NEW
JERSEY’S NOx RACT REGULATION

A.	NOx RACT and Due Dates

	Section 182(f) of the Act provides that SIP provisions required for
major stationary sources of VOC also apply to major stationary sources
of NOx.  Section 182(b)(2) of the Act requires States in which
nonattainment areas are classified as “moderate,” or a higher
classification, to submit RACT rules for major stationary sources of VOC
emissions by November 15, 1992.  Therefore, States must submit RACT
rules for major stationary sources of NOx emissions in moderate
nonattainment areas and nonattainment areas with a higher classification
by November 15, 1992, and must provide for the implementation of the
required measures as expeditiously as practicable, but no later than May
31, 1995.

Applicability of NOx RACT

Major sources of NOx are subject to the same requirements as major
sources of VOC compounds.  Thus, the NOx RACT provisions apply to major
sources of NOx in ozone nonattainment areas moderate or higher and
throughout an ozone transport region.

Section 184(b)(2) of the Act requires any source of VOC which emits or
had a potential to emit (PTE) of 50 tons per year (TPY) in ozone
transport regions to be subject to the same requirements that apply to
major sources in ozone areas classified as moderate, unless a portion of
the State has been excluded from the ozone transport region under CAA §
176(a)(2).  Thus, where a State is designated in its entirety as a
transport region, the State must adopt rules to apply provisions for
ozone to any source which emits or has a PTE of 50 TPY of VOC compounds
statewide.  The Northeastern portion of the United States has been
designated an ozone transport region.  Thus CAA § 184(b)(2) requires
that all areas in northeastern states designated as
attainment/unclassified, as well as all ozone nonattainment areas, must
meet RACT requirements for NOx.

Section 182(f) of the Act specifically provides that major stationary
sources of NOx are to be defined by § 302 of the Act.  Section 302(j)
of the Act provides that a major stationary source is one with a PTE of
100 TPY.  Because the CAA § 182(f) definition refers specifically to
the CAA § 302 definition, the specific 50 TPY requirement for VOC major
stationary sources in an ozone transport region is limited to VOC
sources.  Therefore in ozone transport regions, attainment/unclassified
areas as well as marginal and moderate ozone nonattainment areas, a
major stationary source for NOx is considered to be one which emits or
has the PTE of 100 TPY or more of NOx, and is subject to the
requirements of a moderate nonattainment area.  See NOx Supplement, 57
Fed. Reg. 55620 (Nov. 25, 1992).  NJDEP has defined a major stationary
source for NOx as a source which has the PTE of 25 TPY, the level set
for severe 1-hour ozone nonattainment areas.

History of New Jersey’s NOx RACT Rule, Subchapter 19.

NJDEP held public hearings on March 18 and 19, 1993, to hear public
comments on the proposed rule.  Following the public hearings and the
comment period, on November 15, 1993, New Jersey adopted Title 7,
Chapter 27, Subchapter 19, of the New Jersey Administrative Code
(Subchapter 19 or N.J.A.C. 7:27-19), entitled “Control and Prohibition
of Air Pollution from Oxides of Nitrogen.”  NJDEP submitted Subchapter
19 to EPA as a revision to the SIP on November 15, 1993.  EPA reviewed
the SIP revision and found it to be administratively and technically
complete by December 29, 1993.  On October 2, 1995, EPA proposed a full
approval of NJDEP’s Subchapter 19.  60 Fed. Reg. 51379 (Oct. 2, 1995).
 The public comment period ended November 1, 1995.  EPA did not receive
any comments on the proposed full approval.  However, during this public
comment period, discussions developed among regional EPA offices as to
the approvability of rules, such as NJDEP’s Subchapter 19, containing
generic or “process oriented” provisions establishing RACT
requirements for major sources of NOx and/or VOC emissions.  The
approvability issue related to Subchapter 19’s generic provision was
resolved and EPA approved Subchapter 19.  60 Fed. Reg. 51379 (Jan. 27,
1997) Subchapter 19 became effective on February 26, 1997.

On March 24, 1995, NJDEP adopted amendments to Subchapter 19.  NJDEP
submitted the amended Subchapter 19 to EPA as a SIP revision on June 21,
1996.  EPA found the SIP revision to be administratively and technically
complete by September 26, 1996.  On August 31, 1998, EPA proposed a full
approval of NJDEP’s Subchapter 19.  63 Fed. Reg. 46209 (Aug. 31,
1998).  The public comment period ended September 30, 1998.  EPA did not
receive any comments on the proposed full approval.  EPA approved
NJDEP’s amendments to Subchapter 19.  64 Fed. Reg. 14832 (Mar. 29,
1999).  The amendments became effective on April 28, 1999.

On July 1, 1996, NJDEP adopted additional amendments to Subchapter 19.
NJDEP amended Subchapter 19 to make the regulation consistent with a new
program called the Open Market Emissions Trading (OMET) Program at
Subchapter 30.  On October 27, 1998, NJDEP submitted the amended
Subchapter 19 to EPA as part of the OMET Program SIP revision.  EPA
determined the submittal to be administratively and technically complete
on December 22, 1998.  On January 9, 2001, EPA proposed a conditional
approval of NJDEP’s OMET Program SIP revision, including the
corresponding amendments to Subchapter 19.  66 Fed. Reg. 1796 (Jan. 9,
2001).  The public comment period ended March 12, 2001.  Subsequently,
EPA and NJDEP identified a number of problems with the OMET program.  On
October 18, 2002, EPA announced it would cease processing the OMET
Program SIP revision and withdrew its proposed conditional approval.  67
Fed. Reg. 64347 (Oct. 18, 2002).  On February 25, 2004, NJDEP terminated
the OMET Program and repealed Subchapter 30 through rulemaking.  NJDEP
also amended Subchapter 19 on April 5, 2004 (effective date), to delete
those provisions related to the OMET Program, and to include new
provisions for sources that participated in the OMET Program to comply
with RACT.  In an April 26, 2004 letter, EPA notified NJDEP that new
provisions proposed in Subchapter 19 were not consistent with the ACT
and EPA’s RACT guidance and, therefore, were not approvable as a SIP
revision.  The corresponding OMET amendments to Subchapter 19 that dealt
with sources that availed themselves of the OMET Program were not
repealed.  Therefore, they are still part of the rules in Subchapter 19.
 NJDEP committed to delete the OMET provisions from Subchapter 19, and
related rules, in future rulemaking.

It should be noted that, since the July 1, 1996 adoption, NJDEP adopted
administrative changes amendments to Subchapter 19 four additional times
without submitting the revised rule to EPA for approval as SIP
revisions.  The additional amendments include the following effective
dates:  May 4, 1998 (29 N.J.R. 3521(a); 30 N.J.R. 1563(b));
Administrative change on March 1, 1999 (31 N.J.R. 639); May 15, 2000 (31
N.J.R. 1671(a); 32 N.J.R. 1808(a)); April 5, 2004 (35 N.J.R. 3486(a); 36
N.J.R. 1791(a)); October 17, 2005 (36 N.J.R. 4228(a); 37 N.J.R.
3976(a)); and November 21, 2005 (36 N.J.R. 4607(a); 37 N.J.R. 4415(a)).
NJDEP adopted additional amendments to Subchapter 19, effective October
17, 2005.  On July 31, 2007, EPA approved these amendments to Subchapter
19 as part of the SIP.

Subchapter 19.13

The Source-Specific SIP revision discussed in this technical support
document was submitted to EPA, pursuant to Subchapter 19.  Subchapter
19.13 establishes a procedure for a case-by-case determination of what
represents RACT for a particular facility, item of equipment or source
operation.  This procedure is applicable in two types of situations:
(1) where a major NOx facility contains any source operation or item of
equipment not listed in Subchapter 19.2 with the potential to emit more
than 10 tons of NOx per year; or (2) where the owner or operator of a
source operation or item of equipment that is listed in Subchapter 19.2
seeks approval of an alternative maximum allowable emission rate.

	In the first instance, for any source operation or item of equipment at
a major NOx facility, with the potential to emit 10 TPY or more of NOx,
not specifically regulated under Subchapter 19.2, the owner/operator
must submit a 'NOx Control Plan' to the NJDEP.  This NOx Control Plan is
to include a technical and economic feasibility evaluation of NOx
control technologies as well as a proposed NOx emission limit.

	In the second instance, those specific sources subject to NOx limits
under Subchapter 19 may apply for an alterative emissions limit.  In
this case, NOx RACT control measures may be deemed impractical due to
some physical constraints or the control measures may be incapable of
reducing the emissions to the limits required under Subchapter 19.  In
this situation, the NJDEP may establish an alternative maximum allowable
emission rate for the affected sources.

	For each of these situations, Subchapter 19.13 provides that NJDEP
establish emission limits based upon a RACT determination specific to
the facility in question.  The procedures for requesting that
determination, and the standards for review of the request, are the same
in each situation.

	The owner or operator of a facility for which a NOx control plan is
required must obtain approval of the plan, implement it by May 31, 1995,
and continue to comply with it thereafter.  The Act imposes this
deadline.  Implementing the plan includes obtaining the required permits
and certificates, installing the approved NOx control technology, and
complying with the emission limits approved in the plan.  An owner or
operator seeking approval of an alternative maximum allowable emission
rate must obtain approval before the source operation or item of
equipment in question becomes subject to the rate normally applicable
under Subchapter 19, in order to avoid incurring violations for
exceeding that normally applicable rate.

	Subchapter 19.13(h) provides that "any alternate emissions limit
pursuant to Subchapter 19.3(c) or NOx Control Plan pursuant to
Subchapter 19.3(b) approved by the NJDEP will be submitted as an
amendment to the SIP for ozone."  An alternate emissions limit or NOx
Control Plan would be first proposed and adopted in New Jersey and then,
as required by law, submitted to EPA for approval as a SIP revision.

Enforceability of Subchapter 19

For sources not subject to specific emission limitations or work
practice standards, N.J.A.C. 7:27-19.13 provides a procedure and
schedule that must be followed in order to comply with the Subchapter.
Noncompliance with this procedure would constitute a violation of
Subchapter 19, which would subject the source owner or operator to civil
and/or criminal penalties, as applicable.  EPA believes this is
sufficient to ensure that sources comply and should EPA have to take
enforcement action, it could use the same provisions to obtain
compliance.

EPA will process all source-specific SIP revisions submitted by NJDEP,
regardless of the status of EPA approval of Subchapter 19, provided that
NJDEP complies with the following:

- provide evidence that NJDEP has the necessary legal authority under
State law to approve and implement the compliance plan with reference to
appropriate State laws and regulations;

provide a description of the enforcement procedure NJDEP will use should
it discover a violation;

provide a description of the compliance strategy NJDEP will use to
ensure compliance; and

include a copy of any relevant permits which are contained in the
compliance plan.  For “grandfathered” sources, the compliance plan
must identify the applicable enforceable requirements or restrictions.

III.	EPA’S ANALYSIS OF STATE SUBMITTAL

(Note this Technical Support Document summarizes the state submission.
The complete RACT analysis, related correspondence and SIP revision are
available for inspection and review at the EPA Regional Office and NJDEP
State Office.)

Trigen-Trenton Energy Co. L.P. alternative NOx emission limit

Pursuant to Subchapter 19.3(h) “any alternate emissions limit pursuant
to section 19.3(c) or NOx Control Plan pursuant to section 19.3(b)
approved by the NJDEP will be submitted as an amendment to the SIP for
ozone.”  An alternate emissions limit or NOx Control Plan would be
first proposed in New Jersey as an amendment to the SIP and then
submitted to EPA, by law, as a SIP revision.  Similarly, Subchapter
19.21(f) requires NJDEP to submit repowering plans to EPA as a revision
to the SIP.  This technical support document discusses EPA’s analysis
of a single source-specific SIP revision.

In a letter dated August 7, 2007 to Regional Administrator Alan J.
Steinberg, NJDEP requested EPA’s approval of a revision to the NJ SIP
for ozone.  The request was for a NJ SIP revision for the Trigen-Trenton
Energy Co. L.P. (Trigen) facility located at 320 South Warren Street,
Trenton, Mercer County, New Jersey.  Trigen is a cogeneration facility
which produces electricity, hot water, and chilled water.  The facility
contains two stationary reciprocating internal combustion engines
(Cooper Bessimer Model: LSVB-20-GDT, 4 stoke), two heat recovery
boilers, and one backup diesel powered compressor.  The source-specific
SIP revision for Trigen was proposed by NJDEP on December 11, 2006
through public notice in The Times Newspaper, which is circulated in the
city of Trenton.  The public notice allowed 30 days for public comments
and the opportunity for a public hearing, offered upon written request.
NJDEP did not receive any requests for a public hearing, therefore no
hearing was held.  EPA provided comments on the SIP revision prior to
adoption by NJDEP.  After reviewing and addressing EPA’s comments,
NJDEP adopted the source specific SIP revision on January 11, 2007.  As
part of the completeness review, EPA ensured that NJDEP complied with
the conditions discussed earlier in Section II.E. for source specific
SIP revisions.  This technical support document is the next step in
EPA’s rulemaking process.

NJDEP’s SIP revision consists of two attachments with multiple
enclosures.  Attachment 1 includes the following documents:

Enclosure 1: SIP Completeness Checklist

Enclosure 2: A copy of the Alternate Emission Limit approval document

Enclosure 3: Response to comments document

Enclosure 4: Statement of basis

Enclosure 5: A copy of the Public Notice and Opportunity for Public
Hearing

Enclosure 6: A copy of the Affidavit of Publication of Public Notice

Enclosure 7: A copy of the application package from the applicant and
other supporting documentation

Attachment 2 includes a copy of N.J.A.C. 7:27-19.1 et seq., Control and
Prohibition of Air Pollution from Oxides of Nitrogen, most recently
amended by New Jersey on November 21, 2005 and approved into the SIP by
EPA on July 31, 2007.

The Trigen facility contains two engines and two boilers that exhaust
through a common stack which is monitored by Continuous Emission
Monitoring (CEM).  The individual emissions form the equipment cannot be
practically separated to directly determine the average g/bhp-hr
emissions between the two engines.  Therefore, compliance is
demonstrated by a comparison of total stack emissions to the sum of
NJDEP approved individual lb/hr permit limits for the applicable
operating scenario for each piece of equipment that is operating at any
time.

NJDEP had previously approved the existing alternative maximum NOx
emission limit (AEL) on November 4, 2005 based on information originally
supplied by Trigen in July 2004 and supplementary information was
submitted in October 2004 and February 2005.  The AEL approved on
November 4, 2005, allowed Trigen engines to emit 12.0 g/bhp-hr of NOx
during the operation of one or both of the engines on 100% low sulfur
distillate oil, without the other engine combusting dual fuel, for no
more than 1000 engine-hours per year.  The average emissions from both
engines, when one engine is operating on 100% distillate oil and the
other is operating dual fuel, is in compliance with the applicable NOx
RACT limit of 8.0 g/bhp-hr.  The engines utilize fuel injection
retardation and turbocharging to meet the NOx RACT limit.

As of March 7, 2007, the Trigen engines were required to comply with the
revised NOx RACT limit of 2.3 g/bhp-hr.  However, while combusting low
sulfur distillate oil, the engines will not meet either the NOx RACT
limit of 8.0 g/bhp-hr or 2.3 g/bhp-hr.  The only control measure
identified to allow the Trigen engines to comply with the RACT limit is
Selective Catalytic Reduction (SCR).  SCR was determined to be not
feasible both technologically and economically.  During periods of
natural gas curtailment, emergency, or when one engine is offline for
repair and maintenance, it may be necessary to operate one or both
engines on distillate oil.  Compliance with the NOx RACT limit of 2.3
g/bhp-hr cannot be achieved while combusting distillate oil.

In order to comply with the revised RACT limit, Trigen has proposed to
install “Clean Burn” technology on the engines.  Trigen has
certified that after installing Clean Burn technology, the engines will
be in compliance with the revised RACT limit of 2.3 g/bhp-hr while
burning dual fuel.  However, the engines must combust 100% low sulfur
distillate oil during periods of startup, shutdown, injector clean out,
and major component break-in.  The AEL requested by Trigen and approved
by NJDEP allows operation with distillate oil when the combustion of
dual fuel is not possible, such as during natural gas curtailment,
emergencies, repair, maintenance, startup, shutdown, injector clean out
and major component break in.  NJDEP has approved the AEL under the
condition that combustion of 100% distillate oil is limited to 200 hours
per year per engine.

Trigen evaluated several control technologies to reduce NOx emissions
during operation.  Control technologies that were found to be
technically feasible were:

Fuel Injection Retardation

Turbocharging/Aftercooling

Trigen is currently employing fuel injection retardation on both engines
and can not benefit from any adjustment in this regard.
Turbocharging/Aftercooling technology has already been employed at the
facility.  SCR was also evaluated as a method of NOx control.  NJDEP’s
review of the information found that SCR would be the only technically
feasible control technology, but Trigen determined that SCR would be
technically infeasible due to issues with increases in back pressure
beyond equipment limitations.  There are also physical limitations to
SCR, as space is an issue within the facility. Trigen provided an
updated cost effectiveness of SCR of $23,500/ton of NOx removed,
rendering it economically infeasible.

	There were no reasonably available NOx control technologies identified
to reduce NOx emissions during periods when 100% distillate oil is
combusted.  NJDEP has approved an AEL to allow Trigen to use 100%
distillate oil for 200 hours per year per engine during startup,
shutdown, injector cleanout, major component break-in and during
emergencies.  Each startup and shutdown period is limited to 15 minutes.
 Trigen also may not operate more than one engine on 100% distillate oil
at any time, except during times of natural gas curtailment or
emergency.

	NJDEP’s January 11, 2007 Conditions of Approval for Trigen specify
the NOx emissions limits, combustion process adjustment, additional
emission testing and monitoring, recordkeeping and reporting
requirements.  These permit conditions are consitent with the NOx RACT
requirements specified in Subchapter 19.  Continued compliance will be
determined by NJDEP’s review of Trigen’s records and other source
data.  EPA reviewed Trigen’s application and NJDEP’s source-specific
SIP revision for completeness and approvability.  EPA agrees with the
technical and economic feasibility demonstration and the proposed
alternative maximum allowable NOx emission limit of 12.0 g/bhp-hr for
operating using 100% distillate oil only under specified conditions.
EPA agrees with the use of Clean Burn technology to meet the RACT limit
of 2.3 g/bhp-hr while operating with dual fuel.

	EPA provided comments regarding the Trigen AEL to NJDEP in May 2005 and
January 2007.  EPA requested documentation for the basis for the AEL and
an updated cost analysis for installing and operating SCR.  NJDEP
provided a basis for the 12.0 g/bhp-hr AEL by providing stack test data
while operating with 100% distillate oil.  NJDEP provided an updated
cost analysis for SCR reflecting the current NJ RACT emission limit of
2.3g/brhp-hr in its SIP revision.

APPOVABILITY RECOMMENDATION: Full Approval

 	The EPA defines RACT as the lowest emission limitation that a
particular source is capable of meeting by the application of control
technology that is reasonably available considering technological and
economic feasibility.  44 Fed. Reg. 53762 (Sept. 17, 1979).

 	On April 30, 2004, EPA published 40 C.F.R. § 50.9(b), inter alia, in
which it revoked the 1-Hour ozone NAAQS and provided June 15, 2004 as
the effective date of the 8-Hour ozone NAAQS.  69 Fed. Reg. 23951 (Apr.
30, 2004).  EPA stated in the preamble to that rulemaking:  “All areas
designated nonattainment for the 8-Hour ozone NAAQS and designated
nonattainment for the 1-Hour ozone NAAQS at the time of designation for
the 8-Hour NAAQS remain subject to control measures that applied by
virtue of the area’s classification for the 1-Hour NAAQS.”  69 Fed.
Reg. 23972

(Apr. 30, 2004).


[Federal Register Volume 84, Number 32 (Friday, February 15, 2019)]
[Notices]
[Pages 4463-4464]
[FR Doc No: 2019-02454]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-9043-4]

Environmental Impact Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General
Information<PHONE_NUMBER> or https://www.epa.gov/ nepa/.

Weekly receipt of Environmental Impact Statements
Filed 02/04/2019 Through 02/08/2019
Pursuant to 40 CFR 1506.9.

Notice

    Section 309(a) of the Clean Air Act requires that EPA make public
its comments on EISs issued by other Federal agencies. EPA's comment
letters on EISs are available at: https://cdxnodengn.epa.gov/cdx-enepa-public/action/eis/search.

EIS No. 20190006, Draft, HHS, WV, Acquisition of Site for Development
of a Replacement Underground Safety Research Program Facility in Mace,
West Virginia, Comment Period Ends: 04/05/2019, Contact: Sam Tarr 770-
488-2408
EIS No. 20190007, Final, USCG, AK, Polar Security Cutter Acquisition
Program Final Programmatic Environmental Impact Statement, Review
Period Ends: 03/18/2019, Contact: Christine Wiegand<PHONE_NUMBER>
EIS No. 20190008, Final, USFS, CBP, ID, Bog Creek Road Project, Review
Period Ends: 04/02/2019, Contact: Joseph Zidron<PHONE_NUMBER>
EIS No. 20190009, Final, USFS, ID, Little Boulder, Review Period Ends:
04/01/2019, Contact: Johanna Kovarik<PHONE_NUMBER>
EIS No. 20190010, Final, USFS, CO, Crested Butte Mountain Resort Ski
Area Projects, Review Period Ends: 04/01/2019, Contact: Aaron Drendel
970-641-0471
EIS No. 20190011, Draft, BLM, NV, Gemfield Mine Project, Comment Period
Ends: 04/10/2019, Contact: Kevin Hurrell<PHONE_NUMBER>
EIS No. 20190012, Final Supplement, GSA, CA, San Ysidro Land Port of

Entry Improvements Project, Review Period Ends: 03/18/2019, Contact:
Osmahn Kadri<PHONE_NUMBER>
EIS No. 20190013, Final, DOE, LA, ADOPTION--Port Arthur Liquefaction
Project, Texas Connector Project, and Louisiana Connector Project,
Contact: Brian Lavoie<PHONE_NUMBER>

    The Department of Energy (DOE) has adopted the Federal Energy
Regulatory Commission's Final EIS No. 20190003, filed 01/31/2019 with
the EPA. DOE was a cooperating agency on this project. Therefore,
recirculation of the document is not necessary under Section 1506.3(c)
of the CEQ regulations.

Amended Notices

EIS No. 20180302, Draft Supplement, NMFS, WA, 10 Salmon and Steelhead
Hatchery Programs in the Duwamish-Green River Basin, Comment Period
Ends: 03/01/2019, Contact: Allyson Purcell<PHONE_NUMBER>. Revision to FR
Notice Published 12/07/2018; NOAA has reopened the comment period to
end on 03/01/2019.
EIS No. 20180303, Draft, BOEM, MA, Vineyard Wind Offshore Wind Energy
Project, Comment Period Ends: 02/22/2019, Contact: Michelle Morin 703-
787-1722. Revision to FR Notice Published 12/07/2018; Extending the
Comment Period from 01/21/2019 to 02/22/2019.
EIS No. 20180328, Draft, CTDOH, CT, Resilient Bridgeport, Comment
Period Ends: 03/18/2019, Contact: Rebecca French<PHONE_NUMBER>. Revision
to FR Notice Published 02/01/2109; Correction Lead Agency from HUD to
CTDOH.

    Dated: February 12, 2019.
Robert Tomiak,
Director, Office of Federal Activities.
[FR Doc. 2019-02454 Filed 2-14-19; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 167 (Monday, August 29, 2016)]
[Proposed Rules]
[Pages 59163-59165]
[FR Doc No: 2016-20591]

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

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0749]
RIN 1625-AA00

Safety Zone; Pago Pago Harbor, American Samoa

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a safety zone during the
2016 Fautasi Ocean Challenge canoe race in Pago Pago Harbor, American
Samoa, on November 11 and 25, 2016. This action is necessary to
safeguard the participants and spectators, including all crews,
vessels, and persons on the water in Pago Pago Harbor during the event.
This regulation will functionally close the port to vessel traffic
during the race, but will not require the evacuation of any vessels
from the harbor. Entry into, transiting, or anchoring in the harbor
would be prohibited to all vessels not registered with the sponsor as
participants or not part of the race patrol, unless specifically
authorized by the Captain of the Port (COTP) Honolulu or a designated
representative. Vessels who are already moored or anchored in the
harbor seeking permission to remain there shall request permission from
COTP unless deemed a spectator vessel that is moored to a waterfront
facility within the safety zone. We invite your comments on this notice
of proposed rulemaking (NPRM).

DATES: Comments and related material must be received by the Coast
Guard on or before September 28, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0749 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant Commander Nicolas Jarboe,
Waterways Management Division, U.S. Coast Guard Sector Honolulu;
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

COTP Captain of the Port, Honolulu
CFR Code of Federal Regulations
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On June 1, 2016, the Coast Guard received formal notification from
the American Samoa Government that the 2016 Fautasi Ocean Challenge is
scheduled to occur in Pago Pago Harbor on November 11 and 25, 2016.
This annual event has strengthened local tradition for over a century.
The event will consist of a series of races entirely within Pago Pago
Harbor between longboats with paddling crews of 32-48 persons each. It
is anticipated that a large number of spectator pleasure craft will be
drawn to the event. Spectator vessels and commercial vessel traffic
will pose a significant safety hazard to the longboats, longboat crew
members, and other persons and vessels involved with the event.
    The purpose of this proposed rulemaking is to minimize vessel
traffic in Pago Pago Harbor before, during, and after the scheduled
event to safeguard persons and vessels during the longboat races. The
Captain of the Port, Honolulu (COTP), proposes to establish a temporary
safety zone for Pago Pago Harbor. A safety zone is a water area, shore
area, or water and shore area, for safety or environmental purposes, of
which access is limited to authorized persons, vehicles, or vessels.
The statutory basis for this rulemaking is 33 U.S.C. 1231, which gives
the Coast Guard, under a delegation from the Secretary of the
Department of Homeland Security, regulatory authority to enforce the
Ports and Waterways Safety Act.

III. Discussion of Proposed Rule

    This rule will create a temporary safety zone in Pago Pago Harbor.
The safety zone will close the harbor to all vessels not authorized by
the COTP for entry into, transiting, or anchoring within the port for
the duration of the event. The COTP will authorize registered
participants, support vessels, and enforcement vessels to enter and
remain in the zone. No other vessels would be permitted to enter the
safety zone without obtaining permission from the COTP or a designated
representative. The harbor will remain closed until the Coast Guard
issues an ``All Clear'' after races have concluded and the harbor is
deemed safe for normal operations. This rule will not require any
vessel already moored to evacuate the port, provided that they are
moored in such a way that they do not interfere with the progress of
the event. The proposed regulatory text appears at the end of this
document.

IV. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This NPRM has not been designated
a ``significant regulatory action,'' under Executive Order 12866. This
determination is based on the size, location, duration, and time-of-day
of the safety zone. Accordingly, this NPRM has not been reviewed by the
Office of Management and Budget.
    Under this NPRM, the Coast Guard would issue a Broadcast Notice to
Mariners with information pertaining to the safety zone via VHF-FM
marine channel 16.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    Some owners or operators of vessels intending to transit the safety
zone may be small entities and may not be authorized to do so. However,
given the short duration of this proposed temporary rule, this would
not create a significant economic impact on a substantial number of
these entities. Moreover, the rule would allow all vessels to seek
permission from the Coast Guard to enter the safety zone.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity

and that this rule would have a significant economic impact on it,
please submit a comment (see ADDRESSES) explaining why you think it
qualifies and how and to what degree this rule would economically
affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

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

G. Protest Activities

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

V. Public Participation and Request for Comments

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

List of Subjects in 33 CFR Part 165

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

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

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T14-0749 to read as follows:

Sec.  165.T14-0749   Safety Zone; Pago Pago Harbor, America Samoa.

    (a) Location. The following area is a safety zone: Breakers Point
(eastern edge of Pago Pago Harbor entrance) thence southeast to
14[deg]18'47'' S., 170[deg]38'54.5'' W., thence southwest to
14[deg]19'03'' S., 170[deg]39'14'' W., thence northwest to Tulutulu
Point and then following the coastline encompassing Pago Pago Harbor.
This regulated area extends from the surface of the water to the ocean
floor.
    (b) Enforcement period. This rule will be enforced from 10:00 a.m.
to 4:00 p.m. on November 11, 2016 and from 10:00 a.m. to 4:00 p.m. on
November 25, 2016.
    (c) Regulations.
    (1) All persons and vessels not registered with the sponsor as
participants or support/enforcement vessels are considered spectators.
The ``support/enforcement vessels'' consist

of any territory, or local law enforcement and sponsor provided vessels
assigned or approved by the Captain of the Port Honolulu to patrol the
safety zone.
    (2) No spectator shall anchor, block, loiter or impede the transit
of participants or support/enforcement vessels in the safety zone
during the enforcement dates and times, unless cleared for entry by or
through a support/enforcement vessel.
    (3) Spectator vessels may be moored to a waterfront facility within
the safety zone in such a way that they shall not interfere with the
progress of the event. Such mooring must be complete at least 30
minutes prior to the establishment of the safety zone and remain moored
through the duration of the event.
    (d) Informational Broadcasts. The safety zones shall be effective
between 10:00 a.m. and 4:00 p.m. (SST) on November 11 and 25, 2016. If
circumstances render enforcement of the safety zone unnecessary for the
entirety of these periods, the Captain of the Port or his designated
representative will inform the public through broadcast notices to
mariners that the safety zone is no longer being enforced. The harbor
will remain closed until the Coast Guard issues an ``All Clear'' for
the harbor after the race has concluded and the harbor is deemed safe
for normal operations.
    (e) Penalties. Vessels or persons violating this rule may be
subject to the penalties set forth in 33 U.S.C. 1232.

    Dated: August 23, 2016.
M.C. Long,
Captain, U.S. Coast Guard, Captain of the Port Honolulu.
[FR Doc. 2016-20591 Filed 8-26-16; 8:45 am]
 BILLING CODE 9110-04-P