[Federal Register Volume 80, Number 227 (Wednesday, November 25, 2015)]
[Proposed Rules]
[Pages 73689-73692]
[FR Doc No: 2015-30011]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket Number USCG-2012-0806]
RIN 1625-AA01

Anchorage Regulations; Connecticut River, Old Saybrook, CT

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish three special anchorage
areas in the Connecticut River in the vicinity Old Saybrook, CT. This
proposed action is necessary to facilitate safe navigation in that area
and provide safe and secure

anchorages for vessels less than 20 meters in length. This action is
intended to increase the safety of life and property in the Connecticut
River in the vicinity of Old Saybrook, improve the safety of anchored
vessels, and provide for the overall safe and efficient flow of vessel
traffic and commerce. We invite your comments on this proposed
rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before December 28, 2015.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0806 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, contact Mr. Craig Lapiejko, Waterways Management
at Coast Guard First District, telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>or Chief Ian Fallon, Waterways Management
Division at Coast Guard Sector Long Island Sound, telephone 203-468-
4565, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C.the United States Code

II. Background, Purpose, and Legal Basis

    The proposed special anchorage areas are intended to reduce the
risk of vessel collisions and to promote safe and efficient travel in
the navigable channels of the Connecticut River adjacent to Calves
Island, and also to aid the town of Old Saybrook in enforcing its
mooring and boating regulations by clearly defining the mooring fields
currently established by the town. All proposed coordinates are North
American Datum 1983 (NAD 83).
    The rule is intended to reduce the risk of vessel collisions by
creating three special anchorage areas in the Connecticut River in the
vicinity of the eastern portion of Old Saybrook, CT. The Coast Guard
proposes this rulemaking under authority in 33 U.S.C. 471, 1221 through
1236, and 2071.

III. Discussion of Proposed Rule

    The proposed rule would create three new special anchorage areas,
referred to as special anchorage areas A, B, and C in the Connecticut
River in the vicinity of the Old Saybrook, CT. Special anchorage area A
is approximately 680,800 sq. yards and would be located between Ferry
Point and Calves Island, upstream of the I-95/US RT 1 Baldwin Bridge.
Special anchorage area B would be approximately 51,200 sq. yards and
located just east of North Cove. Special anchorage area C would be
approximately 185,400 sq. yards located in North Cove west of the
navigable channel. Illustrations showing the locations of these
proposed special anchorage areas are available in the docket.
    Vessels less than 20 meters in length are not required to sound
signals under Rule 35 of the Inland Navigation Rules (33 CFR 83.35) nor
exhibit anchor lights or shapes under Rule 30 of the Inland Navigation
Rules (33 CFR 83.30) when at anchor in a special anchorage area.
Additionally, mariners using these anchorage areas are encouraged to
contact local and state authorities, such as the local harbormaster, to
ensure compliance with any additional applicable state and local laws.
Such laws may involve, for example, compliance with direction from the
local harbormaster when placing or using moorings within the anchorage.

IV. Regulatory Analyses

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

A. Regulatory Planning and Review

    E.O.s 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.
E.O. 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 E.O. 12866. Accordingly, the NPRM has not
been reviewed by the Office of Management and Budget.
    We expect minimal additional cost impacts on fishing, or
recreational boats anchoring because this rule would not affect normal
surface navigation. Although this proposed rulemaking may have some
impact on the public, the potential impact would be minimized for the
following reasons: (1) normal surface navigation will not be affected
as these three areas in the Connecticut River in the vicinity of the
eastern portion of Old Saybrook has been historically used as a mooring
field by the town of Old Saybrook; (2) this proposed rule would simply
permit eligible vessels in existing mooring areas to not use sound
signals or exhibit anchor lights or shapes when at anchor there; (3) it
encourages the use of existing mooring areas; and (4) the number of
vessels using these special anchorage areas will be limited due to
depth (less than or equal to 18 feet).

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.
    While some owners or operators of vessels intending to transit the
Connecticut River in Old Saybrook, CT may be small entities, for the
reasons stated above in section IV.A, this proposed rule would not have
a significant economic impact on any vessel owner or operator.
    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 E.O. 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 E.O. 13132.
    Also, this proposed rule does not have tribal implications under
E.O. 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 has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section above.

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 do 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.lD, 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 the
establishment of special anchorage grounds. It is categorically
excluded from further review under paragraph 34(f) of Figure 2-1 of
Commandant Instruction M16475.lD. A preliminary environmental analysis
checklist is 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. Documents mentioned in this notice of proposed rulemaking
as being available in the docket, and all public comments, are 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.
    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).

List of Subjects in 33 CFR Part 110

    Anchorage grounds.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 110 as follows:

PART 110--ANCHORAGE REGULATIONS

0
1. The authority citation for part 110 continues to read as follows:

    Authority:  33 U.S.C. 471, 1221 through 1236, 2071; 33 CFR 1.05-
1; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  110.55b to subpart A to read as follows:

Sec.  110.55b  Connecticut River, Old Saybrook, Connecticut.

    (a) Special anchorage area A. All of the waters enclosed by a line
beginning at latitude 41[deg]19'54.75'' N, longitude 072[deg]21'08.40''
W; thence to latitude 41[deg]19'21.50'' N, longitude 072[deg]20'49.65''
W; thence to latitude 41[deg]19'17.80'' N, longitude 072[deg]20'49.25''
W; thence to latitude 41[deg]19'17.05'' N, longitude 72[deg]20'59'' W;
thence to latitude 41[deg]19'25.40'' N, longitude 72[deg]21'00.95'' W;
thence to latitude 41[deg]19'29.50'' N, longitude 72[deg]21'17.60'' W;
thence to latitude 41[deg]19'35.40'' N, longitude 72[deg]21'22.90'' W;
thence to latitude 41[deg]19'52.35'' N, longitude 72[deg]21'26.10'' W;
thence to the point of beginning.
    (b) Special anchorage area B. All of the waters enclosed by a line
beginning at latitude 41[deg]17'26'' N, longitude 072[deg]21'04'' W;
thence to latitude 41[deg]17'24.60'' N, longitude 072[deg]21'16'' W;
thence to latitude 41[deg]17'20'' N, longitude 072[deg]21'09'' W;
thence to latitude 41[deg]17'16'' N, longitude 072[deg]21'05'' W;
thence to latitude 41[deg]17'16'' N, longitude 072[deg]21'03'' W;
thence to latitude 41[deg]17'21.5'' N, longitude 072[deg]21'04.5'' W;
thence to the point of beginning.
    (c) Special anchorage area C. All of the waters enclosed by a line
beginning at latitude 41[deg]17'27'' N, longitude 072[deg]21'35'' W;
thence to latitude 41[deg]17'24'' N, longitude 072[deg]22'01'' W;
thence to latitude 41[deg]17'16'' N, longitude 072[deg]22'00'' W;
thence to latitude 41[deg]17'19'' N, longitude 072[deg]21'33'' W;
thence to the point of beginning.

    Note to Sec.  110.55b:  All coordinates referenced use datum:
NAD 83. All anchoring in the areas is under the supervision of the
town of Old Saybrook Harbor Master or other such authority as may be
designated by the authorities of the town of Old Saybrook,
Connecticut. Mariners using these special anchorage areas are
encouraged to contact local and state authorities, such as the local
harbormaster, to ensure compliance with any additional applicable
state and local laws.

This area is principally for use by recreational craft. Temporary
floats or buoys for marking anchors or moorings in place are allowed
in this area. Fixed mooring piles or stakes are not allowed. All
moorings or anchors shall be placed well within the anchorage areas
so that no portion of the hull or rigging will at any time extend
outside of the anchorage.

    Dated: November 4, 2015.
K.C. Kiefer,
Captain, U.S. Coast Guard, Acting Commander First Coast Guard District.
[FR Doc. 2015-30011 Filed 11-24-15; 8:45 am]
 BILLING CODE 9110-04-P


From:  Kiechle, Fredric S<EMAIL_ADDRESS>Sent: Monday, April 25, 2016 8:09 AM To:  Jones, DonnaLee<EMAIL_ADDRESS>Raymond, Gabrielle<EMAIL_ADDRESS>Cc: Maciel, Robert A<EMAIL_ADDRESS>May, Jeffrey X<EMAIL_ADDRESS>Zavoda, Rich<EMAIL_ADDRESS>Hill, John R<EMAIL_ADDRESS>Subject:  Coke MACT ICR Arcelor mittal Burns Harbor operating T5 Permit

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paragraph (a)(3)(i) or paragraph (a)(3)(ii) of this section to
determine the annual quantity of waste disposed. For loads that cannot
be measured using the scales due to physical and/or operational
limitations of the scale, you must use paragraph (a)(3)(ii) of this
section or similar engineering calculations to determine the annual
quantity of waste disposed. The approach used to determine the annual
quantity of waste disposed of must be documented in the monitoring
plan.
    (i) Use direct mass measurements of each individual load received
at the landfill using either of the following methods:
    (A) Weigh using mass scales each vehicle or container used to haul
waste as it enters the landfill or disposal area; weigh using mass
scales each vehicle or container after it has off-loaded the waste;
determine the quantity of waste received from the individual load as
the difference in the two mass measurements; and determine the annual
quantity of waste received as the sum of all waste loads received
during the year. Alternatively, you may

determine annual quantity of waste by summing the weights of all
vehicles and containers entering the landfill and subtracting from it
the sum of all the weights of vehicles and containers after they have
off-loaded the waste in the landfill.
    (B) Weigh using mass scales each vehicle or container used to haul
waste as it enters the landfill or disposal area; determine a
representative tare weight by vehicle or container type by weighing no
less than 5 of each type of vehicle or container after it has off-
loaded the waste; determine the quantity of waste received from the
individual load as the difference between the measured weight in and
the tare weight determined for that container/vehicle type; and
determine the annual quantity of waste received as the sum of all waste
loads received during the year.
    (ii) Determine the working capacity in units of mass for each type
of container or vehicle used to haul waste to the landfill (e.g., using
volumetric capacity and waste density measurements; direct measurement
of a selected number of passenger vehicles and light duty pick-up
trucks; or similar methods); record the number of loads received at the
landfill by vehicle/container type; calculate the annual mass per
vehicle/container type as the mass product of the number of loads of
that vehicle/container multiplied by its working capacity; and
calculate the annual quantity of waste received as the sum of the
annual mass per vehicle/container type across all of the vehicle/
container types used to haul waste to the landfill.
    (4) For years prior to the first emissions reporting year, use
methods in paragraph (a)(3) of this section when waste disposal
quantity data are readily available. When waste disposal quantity data
are not readily available, Wx shall be estimated using one
of the applicable methods in paragraphs (a)(4)(i) through (a)(4)(iii)
of this section. You must determine which method is most applicable to
the conditions and disposal history of your facility. Historical waste
disposal quantities should only be determined once, as part of the
first annual report, and the same values should be used for all
subsequent annual reports, supplemented by the next year's data on new
waste disposal.
    (i) Assume all prior years waste disposal quantities are the same
as the waste quantity in the first year for which waste quantities are
available.
    (ii) Use the estimated population served by the landfill in each
year, the values for national average per capita waste disposal rates
found in Table HH-2 to this subpart, and calculate the waste quantity
landfilled using Equation HH-2 of this section.
[GRAPHIC] [TIFF OMITTED] TR28OC10.034

Where:

Wx = Quantity of waste placed in the landfill in year x
(metric tons, wet basis).
POPx = Population served by the landfill in year x from
city population, census data, or other estimates (capita).
WDRx = Average per capita waste disposal rate for year x
from Table HH-2 to this subpart (metric tons per capita per year,
wet basis; tons/cap/yr).

    (iii) Use a constant average waste disposal quantity calculated
using Equation HH-3 of this section for each year the landfill was in
operation (i.e., from the first year accepting waste until the last
year for which waste disposal data is unavailable, inclusive).
[GRAPHIC] [TIFF OMITTED] TR28OC10.035

Where:

Wx = Quantity of waste placed in the landfill in year x
(metric tons, wet basis).
LFC = Landfill capacity or, for operating landfills, capacity of the
landfill used (or the total quantity of waste-in-place) at the end
of the year prior to the year when waste disposal data are available
from design drawings or engineering estimates (metric tons).
YrData = Year in which the landfill last received waste or, for
operating landfills, the year prior to the first reporting year when
waste disposal data is first available from company records, or best
available data.
YrOpen = Year in which the landfill first received waste from
company records or best available data. If no data are available for
estimating YrOpen for a closed landfill, use 30 years as the default
operating life of the landfill.

    (b) * * *
    (1) If you continuously monitor the flow rate, CH4
concentration, temperature, pressure, and, if necessary, moisture
content of the landfill gas that is collected and routed to a
destruction device (before any treatment equipment) using a monitoring
meter specifically for CH4 gas, as specified in Sec.
98.344, you must use this monitoring system and calculate the quantity
of CH4 recovered for destruction using Equation HH-4 of this
section. A fully integrated system that directly reports CH4
content requires no other calculation than summing the results of all
monitoring periods for a given year.
[GRAPHIC] [TIFF OMITTED] TR28OC10.036

Where:

R = Annual quantity of recovered CH4 (metric tons
CH4).
N = Total number of measurement periods in a year. Use daily
averaging periods for a continuous monitoring system and N = 365 (or
N = 366 for leap years). For weekly sampling, as provided in
paragraph (b)(2) of this section, use N=52.
n = Index for measurement period.
(V)n = Cumulative volumetric flow for the measurement
period in actual cubic feet (acf). If the flow rate meter
automatically corrects for temperature and pressure, replace
``520[deg]R/(T)n x (P)n/1 atm'' with ``1''.
(KMC)n = Moisture correction term for the
measurement period, volumetric basis, as follows:
(KMC)n = 1 when (V)n and
(C)n are both measured on a dry basis or if both are
measured on a wet basis; (KMC)n = [1-
(fH2O)n] when (V)n is
measured on a wet basis and (C)n is measured on a dry
basis; and (KMC)n = 1/[1-
(fH2O)n] when (V)n is measured on a
dry basis and (C)n is measured on a wet basis.
(fH2O)n = Average moisture content
of landfill gas during the measurement period, volumetric basis
(cubic feet water per cubic feet landfill gas)
(CCH4)n = Average CH4 concentration
of landfill gas for the measurement period (volume %).
0.0423 = Density of CH4 lb/cfm at 520[deg]R or 60 degrees
Fahrenheit and 1 atm.
(T)n = Average temperature at which flow is measured for
the measurement period ([deg]R).
(P)n = Average pressure at which flow is measured for the
measurement period (atm).
0.454/1,000 = Conversion factor (metric ton/lb).

    (2) If you do not continuously monitor according to paragraph
(b)(1) of this section, you must determine the flow rate,
CH4 concentration, temperature, pressure, and moisture
content of the landfill gas that is collected and routed to a
destruction device (before any treatment equipment) according to the
requirements in paragraphs (b)(2)(i) through (b)(2)(iii) of this
section and

calculate the quantity of CH4 recovered for destruction
using Equation HH-4 of this section.
* * * * *
    (ii) Determine the CH4 concentration in the landfill gas
that is collected and routed to a destruction device (before any
treatment equipment) in a location near or representative of the
location of the gas flow meter at least once each calendar week; if
only one measurement is made each calendar week, there must be at least
three days between measurements.
    (iii) * * *
    (A) Determine the temperature and pressure in the landfill gas that
is collected and routed to a destruction device (before any treatment
equipment) in a location near or representative of the location of the
gas flow meter at least once each calendar week; if only one
measurement is made each calendar week, there must be at least three
days between measurements.
    (B) If the CH4 concentration is determined on a dry
basis and flow is determined on a wet basis or CH4
concentration is determined on a wet basis and flow is determined on a
dry basis, and the flow meter does not automatically correct for
moisture content, determine the moisture content in the landfill gas
that is collected and routed to a destruction device (before any
treatment equipment) in a location near or representative of the
location of the gas flow meter at least once each calendar week; if
only one measurement is made each calendar week, there must be at least
three days between measurements.
    (c) For all landfills, calculate CH4 generation
(adjusted for oxidation in cover materials) and actual CH4
emissions (taking into account any CH4 recovery, and
oxidation in cover materials) according to the applicable methods in
paragraphs (c)(1) through (c)(3) of this section.
* * * * *

0
53. Section 98.344 is amended by:
0
a. Revising paragraph (a).
0
b. Revising the first sentence of paragraph (b) introductory text.
0
c. Revising paragraphs (b)(6)(ii) introductory text, (b)(6)(ii)(A), and
(b)(6)(ii)(B).
0
d. Revising the definition of ``CCH4'' in Equation HH-9 of
paragraph (b)(6)(iii).
0
e. Revising the second and third sentences of paragraph (c)
introductory text.
0
f. Revising paragraph (d).
0
g. Revising the first sentence of paragraph (e).
    The revisions read as follows:

Sec.  98.344  Monitoring and QA/QC requirements.

    (a) Mass measurement equipment used to determine the quantity of
waste landfilled on or after January 1, 2010 must meet the requirements
for weighing equipment as described in ``Specifications, Tolerances,
and Other Technical Requirements For Weighing and Measuring Devices''
NIST Handbook 44 (2009) (incorporated by reference, see Sec.  98.7).
    (b) For landfills with gas collection systems, operate, maintain,
and calibrate a gas composition monitor capable of measuring the
concentration of CH4 in the recovered landfill gas using one
of the methods specified in paragraphs (b)(1) through (b)(6) of this
section or as specified by the manufacturer. * * *
* * * * *
    (6) * * *
    (ii) Determine a non-methane organic carbon correction factor at
the routine sampling location no less frequently than once a reporting
year following the requirements in paragraphs (b)(6)(ii)(A) through
(b)(6)(ii)(C) of this section.
    (A) Take a minimum of three grab samples of the landfill gas with a
minimum of 20 minutes between samples and determine the methane
composition of the landfill gas using one of the methods specified in
paragraphs (b)(1) through (b)(5) of this section.
    (B) As soon as practical after each grab sample is collected and
prior to the collection of a subsequent grab sample, determine the
total gaseous organic concentration of the landfill gas using either
Method 25A or 25B at 40 CFR part 60, appendix A-7 as specified in
paragraph (b)(6)(i) of this section.
* * * * *
    (iii) * * *

CCH4 = Methane concentration in the landfill gas (volume
%) for use in Equation HH-4 of this subpart.

* * * * *
    (c) * * * Each gas flow meter shall be recalibrated either
biennially (every 2 years) or at the minimum frequency specified by the
manufacturer. Except as provided in Sec.  98.343(b)(2)(i), each gas
flow meter must be capable of correcting for the temperature and
pressure and, if necessary, moisture content.
* * * * *
    (d) All temperature, pressure, and if necessary, moisture content
monitors must be calibrated using the procedures and frequencies
specified by the manufacturer.
    (e) The owner or operator shall document the procedures used to
ensure the accuracy of the estimates of disposal quantities and, if
applicable, gas flow rate, gas composition, temperature, pressure, and
moisture content measurements. * * *

0
54. Section 98.346 is amended by:
0
a. Revising paragraph (a).
0
b. Revising paragraph (b).
0
c. Revising paragraph (c).
0
d. Revising paragraph (d)(1).
0
e. Revising paragraph (f).
0
f. Revising paragraph (h).
0
g. Revising paragraph (i)(1)
0
h. Revising paragraph (i)(2)
0
i. Revising paragraph (i)(3)
0
j. Revising paragraph (i)(4)
0
k. Revising paragraph (i)(5)
0
l. Revising paragraph (i)(7).
    The revisions read as follows:

Sec.  98.346  Data reporting requirements.

* * * * *
    (a) A classification of the landfill as ``open'' (actively received
waste in the reporting year) or ``closed'' (no longer receiving waste),
the year in which the landfill first started accepting waste for
disposal, the last year the landfill accepted waste (for open
landfills, enter the estimated year of landfill closure), the capacity
(in metric tons) of the landfill, an indication of whether leachate
recirculation is used during the reporting year and its typical
frequency of use over the past 10 years (e.g., used several times a
year for the past 10 years, used at least once a year for the past 10
years, used occasionally but not every year over the past 10 years, not
used), an indication as to whether scales are present at the landfill,
and the waste disposal quantity for each year of landfilling required
to be included when using Equation HH-1 of this subpart (in metric
tons, wet weight).
    (b) Method for estimating reporting year and historical waste
disposal quantities, reason for its selection, and the range of years
it is applied. For years when waste quantity data are determined using
the methods in Sec.  98.343(a)(3), report separately the quantity of
waste determined using the methods in Sec.  98.343(a)(3)(i) and the
quantity of waste determined using the methods in Sec.
98.343(a)(3)(ii). For historical waste disposal quantities that were
not determined using the methods in Sec.  98.343(a)(3), provide the
population served by the landfill for each year the Equation HH-2 of
this subpart is applied, if applicable, or, for open landfills using
Equation HH-3 of this subpart, provide the value of landfill capacity
(LFC) used in the calculation.
    (c) Waste composition for each year required for Equation HH-1 of
this subpart, in percentage by weight, for each waste category listed
in Table HH-1 to this subpart that is used in Equation

HH-1 of this subpart to calculate the annual modeled CH4
generation.
    (d) * * *
    (1) Degradable organic carbon (DOC), methane correction factor
(MCF), and fraction of DOC dissimilated (DOCF) values used
in the calculations. If an MCF value other than the default of 1 is
used, provide an indication of whether active aeration of the waste in
the landfill was conducted during the reporting year, a description of
the aeration system, including aeration blower capacity, the fraction
of the landfill containing waste affected by the aeration, the total
number of hours during the year the aeration blower was operated, and
other factors used as a basis for the selected MCF value.
* * * * *
    (f) The surface area of the landfill containing waste (in square
meters), identification of the type of cover material used (as either
organic cover, clay cover, sand cover, or other soil mixtures). If
multiple cover types are used, the surface area associated with each
cover type.
* * * * *
    (h) For landfills without gas collection systems, the annual
methane emissions (i.e., the methane generation, adjusted for
oxidation, calculated using Equation HH-5 of this subpart), reported in
metric tons CH4, and an indication of whether passive vents
and/or passive flares (vents or flares that are not considered part of
the gas collection system as defined in Sec.  98.6) are present at this
landfill.
    (i) * * *
    (1) Total volumetric flow of landfill gas collected for destruction
for the reporting year (cubic feet at 520 [deg]R or 60 degrees
Fahrenheit and 1 atm).
    (2) Annual average CH4 concentration of landfill gas
collected for destruction (percent by volume).
    (3) Monthly average temperature and pressure for each month at
which flow is measured for landfill gas collected for destruction, or
statement that temperature and/or pressure is incorporated into
internal calculations run by the monitoring equipment.
    (4) An indication as to whether flow was measured on a wet or dry
basis, an indication as to whether CH4 concentration was
measured on a wet or dry basis, and if required for Equation HH-4 of
this subpart, monthly average moisture content for each month at which
flow is measured for landfill gas collected for destruction.
    (5) An indication of whether destruction occurs at the landfill
facility or off-site. If destruction occurs at the landfill facility,
also report an indication of whether a back-up destruction device is
present at the landfill, the annual operating hours for the primary
destruction device, the annual operating hours for the back-up
destruction device (if present), and the destruction efficiency used
(percent).
* * * * *
    (7) A description of the gas collection system (manufacturer,
capacity, and number of wells), the surface area (square meters) and
estimated waste depth (meters) for each area specified in Table HH-3 to
this subpart, the estimated gas collection system efficiency for
landfills with this gas collection system, the annual operating hours
of the gas collection system, and an indication of whether passive
vents and/or passive flares (vents or flares that are not considered
part of the gas collection system as defined in Sec.  98.6) are present
at the landfill.
* * * * *

0
55. Section 98.347 is amended by adding a second sentence to read as
follows:

Sec.  98.347  Records that must be retained.

    * * * You must retain records of all measurements made to determine
tare weights and working capacities by vehicle/container type if these
are used to determine the annual waste quantities.

0
56. Section 98.348 is revised to read as follows:

Sec.  98.348  Definitions.

    Except as specified in this section, all terms used in this subpart
have the same meaning given in the Clean Air Act and subpart A of this
part.
    Construction and demolition (C&D) waste landfill means a solid
waste disposal facility subject to the requirements of part 257,
subparts A or B of this chapter that receives construction and
demolition waste and does not receive hazardous waste (defined in Sec.
261.3 of this chapter) or industrial solid waste (defined in Sec.
258.2 of this chapter) or municipal solid waste (as defined in Sec.
98.6) other than residential lead-based paint waste. A C&D waste
landfill typically receives any one or more of the following types of
solid wastes: Roadwork material, excavated material, demolition waste,
construction/renovation waste, and site clearance waste.
    Destruction device means a flare, thermal oxidizer, boiler,
turbine, internal combustion engine, or any other combustion unit used
to destroy or oxidize methane contained in landfill gas.
    Industrial waste landfill means any landfill other than a municipal
solid waste landfill, a RCRA Subtitle C hazardous waste landfill, or a
TSCA hazardous waste landfill, in which industrial solid waste, such a
RCRA Subtitle D wastes (nonhazardous industrial solid waste, defined in
Sec.  257.2 of this chapter), commercial solid wastes, or conditionally
exempt small quantity generator wastes, is placed. An industrial waste
landfill includes all disposal areas at the facility.
    Solid waste has the meaning established by the Administrator
pursuant to the Solid Waste Disposal Act (42 U.S.C.A. 6901 et seq.).
    Working capacity means the maximum volume or mass of waste that is
actually placed in the landfill from an individual or representative
type of container (such as a tank, truck, or roll-off bin) used to
convey wastes to the landfill, taking into account that the container
may not be able to be 100 percent filled and/or 100 percent emptied for
each load.

0
57. Table HH-1 to subpart HH is revised to read as follows:

              Table HH-1 to Subpart HH of Part 98--Emissions Factors, Oxidation Factors and Methods
----------------------------------------------------------------------------------------------------------------
              Factor                     Default value                               Units
----------------------------------------------------------------------------------------------------------------
                                       DOC and k values--Bulk waste option
----------------------------------------------------------------------------------------------------------------
DOC (bulk waste).................  0.20.....................  Weight fraction, wet basis.
k (precipitation plus              0.02.....................  yr -1
 recirculated leachate \a\ <20
 inches/year).
k (precipitation plus              0.038....................  yr -1
 recirculated leachate \a\ 20-40
 inches/year).
k (precipitation plus              0.057....................  yr -1
 recirculated leachate \a\ >40
 inches/year).
----------------------------------------------------------------------------------------------------------------

                                   DOC and k values--Modified bulk MSW option
----------------------------------------------------------------------------------------------------------------
DOC (bulk MSW, excluding inerts    0.31.....................  Weight fraction, wet basis.
 and C&D waste).
DOC (inerts, e.g., glass,          0.00.....................  Weight fraction, wet basis.
 plastics, metal, concrete).
DOC (C&D waste)..................  0.08.....................  Weight fraction, wet basis.
k (bulk MSW, excluding inerts and  0.02 to 0.057 \b\........  yr -1
 C&D waste).
k (inerts, e.g., glass, plastics,  0.00.....................  yr -1
 metal, concrete).
k (C&D waste)....................  0.02 to 0.04 \b\.........  yr -1
----------------------------------------------------------------------------------------------------------------
                                   DOC and k values--Waste composition option
----------------------------------------------------------------------------------------------------------------
DOC (food waste).................  0.15.....................  Weight fraction, wet basis.
DOC (garden).....................  0.2......................  Weight fraction, wet basis.
DOC (paper)......................  0.4......................  Weight fraction, wet basis.
DOC (wood and straw).............  0.43.....................  Weight fraction, wet basis.
DOC (textiles)...................  0.24.....................  Weight fraction, wet basis.
DOC (diapers)....................  0.24.....................  Weight fraction, wet basis.
DOC (sewage sludge)..............  0.05.....................  Weight fraction, wet basis.
DOC (inerts, e.g., glass,          0.00.....................  Weight fraction, wet basis.
 plastics, metal, cement).
k (food waste)...................  0.06 to 0.185 \c\........  yr -1
k (garden).......................  0.05 to 0.10 \c\.........  yr -1
k (paper)........................  0.04 to 0.06 \c\.........  yr -1
k (wood and straw)...............  0.02 to 0.03 \c\.........  yr -1
k (textiles).....................  0.04 to 0.06 \c\.........  yr -1
k (diapers)......................  0.05 to 0.10 \c\.........  yr -1
k (sewage sludge)................  0.06 to 0.185 \c\........  yr -1
k (inerts e.g., glass, plastics,   0.00.....................  yr -1
 metal, concrete).
----------------------------------------------------------------------------------------------------------------
                                       Other parameters--All MSW landfills
----------------------------------------------------------------------------------------------------------------
MCF..............................  1.                         ..................................................
DOCF.............................  0.5......................
F................................  0.5......................
OX...............................  0.1......................
DE...............................  0.99 ....................
----------------------------------------------------------------------------------------------------------------
\a\ Recirculated leachate (in inches/year) is the total volume of leachate recirculated from company records or
  engineering estimates divided by the area of the portion of the landfill containing waste with appropriate
  unit conversions. Alternatively, landfills that use leachate recirculation can elect to use the k value of
  0.057 rather than calculating the recirculated leachate rate.
\b\ Use the lesser value when precipitation plus recirculated leachate is less than 20 inches/year. Use the
  greater value when precipitation plus recirculated leachate is greater than 40 inches/year. Use the average of
  the range of values when precipitation plus recirculated leachate is 20 to 40 inches/year (inclusive).
  Alternatively, landfills that use leachate recirculation can elect to use the greater value rather than
  calculating the recirculated leachate rate.
\c\ Use the lesser value when the potential evapotranspiration rate exceeds the mean annual precipitation rate
  plus recirculated leachate. Use the greater value when the potential evapotranspiration rate does not exceed
  the mean annual precipitation rate plus recirculated leachate. Alternatively, landfills that use leachate
  recirculation can elect to use the greater value rather than assessing the potential evapotranspiration rate
  or recirculated leachate rate.

0
58. Table HH-2 to subpart HH is amended by:
0
a. Removing the third column ``% to SWDS.''
0
b. Removing the entries for ``1950'' through ``1959.''
0
c. Revising the entries for ``1989'' through ``2006.''
0
d. Adding entries for ``2007'' through ``2009.''

   Table HH-2 to Subpart HH of Part 98--U.S. Per Capita Waste Disposal
                                  Rates
------------------------------------------------------------------------
                                                              Waste per
                            Year                             capita ton/
                                                                cap/yr
------------------------------------------------------------------------

                                 * * * *
1989.......................................................         0.83
1990.......................................................         0.82
1991.......................................................         0.76
1992.......................................................         0.74
1993.......................................................         0.76
1994.......................................................         0.75
1995.......................................................         0.70
1996.......................................................         0.68
1997.......................................................         0.69
1998.......................................................         0.75
1999.......................................................         0.75
2000.......................................................         0.80
2001.......................................................         0.91
2002.......................................................         1.02
2003.......................................................         1.02
2004.......................................................         1.01
2005.......................................................         0.98
2006.......................................................         0.95
2007.......................................................         0.95
2008.......................................................         0.95
2009.......................................................         0.95
------------------------------------------------------------------------

0
59. Table HH-3 to subpart HH-3 is amended by revising the entries for
``A2: Area without active gas collection, regardless of cover type H2:
Average depth of waste in area A2,'' ``A3: Area with daily soil cover
and active gas collection H3: Average depth of waste in area A3,''
``A4: Area with an intermediate soil cover and active gas

collection H4: Average depth of waste in area A4,'' and ``A5: Area with
a final soil and geomembrane cover system and active gas collection H5:
Average depth of waste in area A5'' to read as follows:

      Table HH-3 to Subpart HH of Part 98--Landfill Gas Collection
                              Efficiencies
------------------------------------------------------------------------
                                                Landfill gas collection
                 Description                           efficiency
------------------------------------------------------------------------

                              * * * * * * *
A2: Area without active gas collection,        CE2: 0%.
 regardless of cover type.
A3: Area with daily soil cover and active gas  CE3: 60%.
 collection.
A4: Area with an intermediate soil cover, or   CE4: 75%.
 a final soil cover not meeting the criteria
 for A5 below, and active gas collection.
A5: Area with a final soil cover of 3 feet or  CE5: 95%.
 thicker of clay and/or geomembrane cover
 system and active gas collection.

                              * * * * * * *
------------------------------------------------------------------------

Subpart LL--[Amended]

0
60. Section 98.386 is amended by:
0
a. Revising paragraph (a)(3).
0
b. Adding a third sentence to the end of paragraph (a)(5).
0
c. Adding a third sentence to the end of paragraph (a)(6).
0
d. Revising paragraph (a)(7).
0
e. Revising paragraphs (a)(16) and (a)(17).
0
f. Revising paragraphs (b)(3) and (c)(3).
0
g. Adding paragraph (d).
    The revisions and additions read as follows:

Sec.  98.386  Data reporting requirements.

* * * * *
    (a) * * *
    (3) For each feedstock reported in paragraph (a)(2) of this section
that was produced by blending a fossil fuel-based product with a
biomass-based product, report the percent of the volume reported in
paragraph (a)(2) of this section that is fossil fuel-based (excluding
any denaturant that may be present in any ethanol product).
* * * * *
    (5) * * * Those products that enter the facility, but are not
reported in (a)(1), shall not be reported under this paragraph.
    (6) * * * Those products that enter the facility, but are not
reported in (a)(2), shall not be reported under this paragraph.
    (7) For each product reported in paragraph (a)(6) of this section
that was produced by blending a fossil fuel-based product with a
biomass-based product, report the percent of the volume reported in
paragraph (a)(6) of this section that is fossil fuel-based (excluding
any denaturant that may be present in any ethanol product).
* * * * *
    (16) The CO2 emissions in metric tons that would result
from the complete combustion or oxidation of each feedstock reported in
paragraph (a)(2) of this section that were calculated according to
Sec.  98.393(b) or (h).
    (17) The CO2 emissions in metric tons that would result
from the complete combustion or oxidation of each product (leaving the
coal-to-liquid facility) reported in paragraph (a)(6) of this section
that were calculated according to Sec.  98.393(a) or (h).
* * * * *
    (b) * * *
    (3) For each product reported in paragraph (b)(2) of this section
that was produced by blending a fossil fuel-based product with a
biomass-based product, report the percent of the volume reported in
paragraph (b)(2) of this section that is fossil fuel-based (excluding
any denaturant that may be present in any ethanol product).
* * * * *
    (c) * * *
    (3) For each product reported in paragraph (c)(2) of this section
that was produced by blending a fossil fuel-based product with a
biomass-based product, report the percent of the volume reported in
paragraph (c)(2) of this section that is fossil fuel-based (excluding
any denaturant that may be present in any ethanol product).
* * * * *
    (d) Blended feedstock and products. (1) Producers, exporters, and
importers must report the following information for each blended
product and feedstock where emissions were calculated according to
Sec.  98.393(i):
    (i) Volume or mass of each blending component.
    (ii) The CO2 emissions in metric tons that would result
from the complete combustion or oxidation of each blended feedstock or
product, using Equation MM-12 or Equation MM-13 of Sec.  98.393.
    (iii) Whether it is a blended feedstock or a blended product.
    (2) For a product that enters the facility to be further refined or
otherwise used on site that is a blended feedstock, producers must meet
the reporting requirements of paragraphs (a)(1) and (a)(2) of this
section by reflecting the individual components of the blended
feedstock.
    (3) For a product that is produced, imported, or exported that is a
blended product, producers, importers, and exporters must meet the
reporting requirements of paragraphs (a)(5), (a)(6), (b)(1), (b)(2),
(c)(1), and (c)(2) of this section, as applicable, by reflecting the
individual components of the blended product.

Subpart MM--[Amended]

0
61. Section 98.393 is amended by:
0
a. In paragraph (a)(1), revising the only sentence and the definition
of ``Producti'' in Equation MM-1.
0
b. Revising the definition of ``Producti'' in Equation MM-2
of paragraph (a)(2).
0
c. Revising the only sentence of paragraph (b)(1) and the first
sentence in paragraph (f)(1).
0
d. Revising the definition of ``%Voli'' in Equation MM-8 in
paragraph (h)(1).
0
e. Revising Equation MM-9 and the definition of ``%Volj'' in
paragraph (h)(2).
0
f. Revising paragraphs (h)(3) and (h)(4).
0
g. Adding paragraph (i).
    The revisions and additions read as follows:

Sec.  98.393  Calculating GHG emissions.

    (a) * * *
    (1) Except as provided in paragraphs (h) and (i) of this section,
any refiner, importer, or exporter shall calculate CO2
emissions from each individual petroleum product and natural gas liquid
using Equation MM-1 of this section.
* * * * *
Producti = Annual volume of product ``i'' produced,
imported, or exported by the reporting party (barrels). For
refiners, this volume only includes products ex

refinery gate, and excludes products that entered the refinery but
are not reported under Sec.  98.396(a)(1). For natural gas liquids,
volumes shall reflect the individual components of the product as
listed in Table MM-1 to subpart MM.

* * * * *
    (2) * * *
Producti = Annual mass of product ``i'' produced,
imported, or exported by the reporting party (metric tons). For
refiners, this mass only includes products ex refinery gate, and
excludes products that entered the refinery but are not reported
under Sec.  98.396(a)(1).

* * * * *
    (b) * * *
    (1) Except as provided in paragraphs (h) and (i) of this section,
any refiner shall calculate CO2 emissions from each non-
crude feedstock using Equation MM-2 of this section.
* * * * *
    (f) * * *
    (1) Calculation Method 1. To determine the emission factor (i.e.,
EFi in Equation MM-1) for solid products, multiply the
default carbon share factor (i.e., percent carbon by mass) in column B
of Table MM-1 to this subpart for the appropriate product by 44/12. * *
*
* * * * *
    (h) * * *
    (1) * * *

%Voli = Percent volume of product ``i'' that is
petroleum-based, not including any denaturant that may be present in
any ethanol product, expressed as a fraction (e.g., 75% would be
expressed as 0.75 in the above equation).

    (2) * * *
    [GRAPHIC] [TIFF OMITTED] TR28OC10.037

* * * * *

%Volj = Percent volume of feedstock ``j'' that is
petroleum-based, not including any denaturant that may be present in
any ethanol product, expressed as a fraction (e.g., 75% would be
expressed as 0.75 in the above equation).

    (3) Calculation Method 2 procedures for products.
    (i) A reporter using Calculation Method 2 of this subpart to
determine the emission factor of a petroleum product that does not
contain denatured ethanol must calculate the CO2 emissions
associated with that product using Equation MM-10 of this section in
place of Equation MM-1 of this section.
[GRAPHIC] [TIFF OMITTED] TR28OC10.038

Where:

CO2i = Annual CO2 emissions that would result
from the complete combustion or oxidation of each product ``i''
(metric tons).
Producti = Annual volume of each petroleum product ``i''
produced, imported, or exported by the reporting party (barrels).
For refiners, this volume only includes products ex refinery gate.
EFi = Product-specific CO2 emission factor
(metric tons CO2 per barrel).
EFm = Default CO2 emission factor from Table
MM-2 to subpart MM that most closely represents the component of
product ``i'' that is biomass-based.
%Volm = Percent volume of petroleum product ``i'' that is
biomass-based, expressed as a fraction (e.g., 75% would be expressed
as 0.75 in the above equation).

    (ii) In the event that a petroleum product contains denatured
ethanol, importers and exporters must follow Calculation Method 1
procedures in paragraph (h)(1) of this section; and refineries must
sample the petroleum portion of the blended biomass-based fuel prior to
blending and calculate CO2 emissions using Equation MM-10a
of this section.
[GRAPHIC] [TIFF OMITTED] TR28OC10.039

Where:

CO2i = Annual CO2 emissions that would result
from the complete combustion or oxidation of each biomass-blended
fuel ``i'' (metric tons).
Productp = Annual volume of the petroleum-based portion
of each biomass blended fuel ``i'' produced by the refiner
(barrels).
EFi = Petroleum product-specific CO2 emission
factor (metric tons CO2 per barrel).

    (4) Calculation Method 2 procedures for non-crude feedstocks.
    (i) A refiner using Calculation Method 2 of this subpart to
determine the emission factor of a non-crude petroleum feedstock that
does not contain denatured ethanol must calculate the CO2
emissions associated with that feedstock using Equation MM-11 of this
section in place of Equation MM-2 of this section.
[GRAPHIC] [TIFF OMITTED] TR28OC10.040

Where:

CO2j = Annual CO2 emissions that would result
from the complete combustion or oxidation of each non-crude
feedstock ``j'' (metric tons).
Feedstockj = Annual volume of each petroleum product
``j'' that enters the refinery to be further refined or otherwise
used on site (barrels).
EFj = Feedstock-specific CO2 emission factor
(metric tons CO2 per barrel).
EFm = Default CO2 emission factor from Table
MM-2 to subpart MM that most closely represents the component of
petroleum product ``j'' that is biomass-based.
%Volm = Percent volume of non-crude feedstock ``j'' that
is biomass-based, expressed as a fraction (e.g., 75% would be
expressed as 0.75 in the above equation).

    (ii) In the event that a non-crude feedstock contains denatured
ethanol, refiners must follow Calculation Method 1 procedures in
paragraph (h)(2) of this section.
    (i) Optional procedures for blended products that do not contain
biomass.
    (1) In the event that a reporter produces, imports, or exports a
blended product that does not include biomass, the reporter may
calculate emissions for the blended product according to the method in
paragraph (i)(2) of this section. In the event that a refiner receives
a blended non-crude feedstock that does not include biomass, the
refiner may calculate emission for the blended non-crude feedstock
according

to the method in paragraph (i)(3) of this section. The procedures in
this section may be used only if all of the following criteria are met:
    (i) The reporter knows the relative proportion of each component of
the blend (i.e., the mass or volume percentage).
    (ii) Each component of blended product ``i'' or blended non-crude
feedstock ``j'' meets the strict definition of a product listed in
Table MM-1 to subpart MM.
    (iii) The blended product or non-crude feedstock is not comprised
entirely of natural gas liquids.
    (iv) The reporter uses Calculation Method 1.
    (v) Solid components are blended only with other solid components.
    (2) The reporter must calculate emissions for the blended product
using Equation MM-12 of this section in place of Equation MM-1 of this
section.
[GRAPHIC] [TIFF OMITTED] TR28OC10.041

Where:

CO2i = Annual CO2 emissions that would result
from the complete combustion or oxidation of a blended product ``i''
(metric tons).
Blending Componenti...n = Annual volume or mass of each
blending component that is blended (barrels or metric tons).
EFi...n = CO2 emission factors specific to
each blending component (metric tons CO2 per barrel or
per metric ton of product).
n = Number of blending components blended into blended product
``i''.

    (3) For refineries, the reporter must calculate emissions for the
blended non-crude feedstock using Equation MM-13 of this section in
place of Equation MM-2 of this section.
[GRAPHIC] [TIFF OMITTED] TR28OC10.042

Where:

CO2j = Annual CO2 emissions that would result
from the complete combustion or oxidation of a blended non-crude
feedstock ``j'' (metric tons).
Blending Componenti...n = Annual volume or mass of each
blending component that is blended (barrels or metric tons).
EFi...n = CO2 emission factors specific to
each blending component (metric tons CO2 per barrel or
per metric ton of product).
n = Number of blending components blended into blended non-crude
feedstock ``j''.

    (4) For refineries, if a blending component ``k'' used in paragraph
(i)(2) of this section enters the refinery before blending as non-crude
feedstock:
    (i) The emissions that would result from the complete combustion or
oxidation of non-crude feedstock ``k'' must still be calculated
separately using Equation MM-2 of this section and applied in Equation
MM-4 of this section.
    (ii) The quantity of blending component ``k'' applied in Equation
MM-12 of this section and the quantity of non-crude feedstock ``k''
applied in Equation MM-2 of this section must be determined using the
same method or practice.

0
62. Section 98.394 is amended by:
0
a. Revising paragraph (a)(1) introductory text.
0
b. Adding paragraph (a)(3).
0
c. Revising paragraphs (d)(1) through (d)(4).
    The revisions and additions read as follows:

Sec.  98.394  Monitoring and QA/QC requirements.

    (a) * * *
    (1) The quantity of petroleum products, natural gas liquids, and
biomass, as well as the quantity of crude oil measured on site at a
refinery, shall be determined as follows:
* * * * *
    (3) The quantity of crude oil not measured on site at a refinery
shall be determined according to one of the following methods. You may
use an appropriate standard method published by a consensus-based
standards organization or you may use an industry standard practice.
* * * * *
    (d) * * *
    (1) A representative sample or multiple representative samples of
each batch of crude oil shall be taken according to one of the
following methods. You may use an appropriate standard method published
by a consensus-based standards organization or you may use an industry
standard practice.
    (2) Samples shall be handled according to one of the following
methods. You may use an appropriate standard method published by a
consensus-based standards organization or you may use an industry
standard practice.
    (3) API gravity shall be measured according to one of the following
methods. You may use an appropriate standard method published by a
consensus-based standards organization or you may use an industry
standard practice. The weighted average API gravity for each batch
shall be calculated by multiplying the volume associated with each
representative sample by the API gravity, adding these values for all
the samples, and then dividing that total value by the volume of the
batch.
    (4) Sulfur content shall be measured according to one of the
following methods. You may use an appropriate standard method published
by a consensus-based standards organization or you may use an industry
standard practice. The weighted average sulfur content for each batch
shall be calculated by multiplying the volume associated with each
representative sample by the sulfur content, adding these values for
all the samples, and then dividing that total value by the volume of
the batch.
* * * * *

0
63. Section 98.396 is amended by:
0
a. Revising paragraph (a)(3).
0
b. Amending paragraphs (a)(5) and (a)(6) by adding a third sentence.
0
c. Revising paragraphs (a)(7), (a)(16), and (a)(17), (a)(20)(ii),
(a)(20)(iii), and (a)(20)(iv).
0
d. Adding paragraphs (a)(20)(v), (a)(20)(vi), (a)(22), and (a)(23).
0
e. Revising paragraphs (b)(3) and (c)(3).
0
f. Adding paragraph (d).

Sec.  98.396  Data reporting requirements.

* * * * *
    (a) * * *
    (3) For each feedstock reported in paragraph (a)(2) of this section
that was produced by blending a petroleum-based product with a biomass-
based product, report the percent of the volume reported in paragraph
(a)(2) of this section that is petroleum-based

(excluding any denaturant that may be present in any ethanol product).
* * * * *
    (5) * * * Petroleum products and natural gas liquids that enter the
refinery, but are not reported in (a)(1), shall not be reported under
this paragraph.
    (6) * * * Petroleum products and natural gas liquids that enter the
refinery, but are not reported in (a)(2), shall not be reported under
this paragraph.
    (7) For each product reported in paragraph (a)(6) of this section
that was produced by blending a petroleum-based product with a biomass-
based product, report the percent of the volume reported in paragraph
(a)(6) of this section that is petroleum-based (excluding any
denaturant that may be present in any ethanol product).
* * * * *
    (16) The CO2 emissions in metric tons that would result
from the complete combustion or oxidation of each petroleum product and
natural gas liquid (ex refinery gate) reported in paragraph (a)(6) of
this section that were calculated according to Sec.  98.393(a) or (h).
    (17) The CO2 emissions in metric tons that would result
from the complete combustion or oxidation of each feedstock reported in
paragraph (a)(2) of this section that were calculated according to
Sec.  98.393(b) or (h).
* * * * *
    (20) * * *
    (ii) Weighted average API gravity representing the batch at the
point of entry at the refinery.
    (iii) Weighted average sulfur content representing the batch at the
point of entry at the refinery.
    (iv) Country of origin, of the batch, if known and data in
paragraphs (a)(20)(v) and (a)(20)(vi) of this section are unknown.
    (v) EIA crude stream code and crude stream name of the batch, if
known.
    (vi) Generic name for the crude stream and the appropriate EIA two-
letter country or state and production area code of the batch, if known
and no appropriate EIA crude stream code exists.
* * * * *
    (22) Volume of crude oil in barrels that you injected into a crude
oil supply or reservoir. A volume of crude oil that entered the
refinery, but was not reported in paragraphs (a)(2) or (a)(20), shall
not be reported under this paragraph.
    (23) Special provisions for 2010. For reporting year 2010 only, a
refiner that knows the information under a specific tier of the batch
definition in 40 CFR 98.398, but does not have the necessary data
collection and management in place to readily report this information,
can use the next most appropriate tier of the batch definition for
reporting batch information under paragraph 98.396(a)(20).
    (b) * * *
    (3) For each product reported in paragraph (b)(2) of this section
that was produced by blending a petroleum-based product with a biomass-
based product, report the percent of the volume reported in paragraph
(b)(2) of this section that is petroleum-based (excluding any
denaturant that may be present in any ethanol product).
* * * * *
    (c) * * *
    (3) For each product reported in paragraph (c)(2) of this section
that was produced by blending a petroleum-based product with a biomass-
based product, report the percent of the volume reported in paragraph
(c)(2) of this section that is petroleum based (excluding any
denaturant that may be present in any ethanol product).
* * * * *
    (d) Blended non-crude feedstock and products. (1) Refineries,
exporters, and importers must report the following information for each
blended product and non-crude feedstock where emissions were calculated
according to Sec.  98.393(i):
    (i) Volume or mass of each blending component.
    (ii) The CO2 emissions in metric tons that would result
from the complete combustion or oxidation of each blended non-crude
feedstock or product, using Equation MM-12 or Equation MM-13 of this
section.
    (iii) Whether it is a blended non-crude feedstock or a blended
product.
    (2) For a product that enters the refinery to be further refined or
otherwise used on site that is a blended non-crude feedstock, refiners
must meet the reporting requirements of paragraphs (a)(1) and (a)(2) of
this section by reflecting the individual components of the blended
non-crude feedstock.
    (3) For a product that is produced, imported, or exported that is a
blended product, refiners, importers, and exporters must meet the
reporting requirements of paragraphs (a)(5), (a)(6), (b)(1), (b)(2),
(c)(1), and (c)(2) of this section, as applicable, by reflecting the
individual components of the blended product.

0
64. Section 98.397 is amended by:
    a. Revising the second sentence of paragraph (b).
    b. Removing paragraph (e).
    c. Redesignating paragraphs (f) and (g) as (e) and (f),
respectively.
    The amended text reads as follows:

Sec.  98.397  Records that must be retained.

* * * * *
    (b) * * * For all reported quantities of petroleum products,
natural gas liquids, and biomass, as well as crude oil quantities
measured on site at a refinery, reporters shall maintain metering,
gauging, and other records normally maintained in the course of
business to document product and feedstock flows including the date of
initial calibration and the frequency of recalibration for the
measurement equipment used.
* * * * *

0
65. Section 98.398 is revised to read as follows:

Sec.  98.398  Definitions.

    Except as specified in this section, all terms used in this subpart
have the same meaning given in the Clean Air Act and subpart A of this
part.
    Batch means either a volume of crude oil that enters a refinery or
the components of such volume (e.g., the volumes of different crude
streams that are blended together and then delivered to a refinery).
The batch volume is the first appropriate tier in the following list:
    (1) Up to an annual volume of a type of crude oil identified by an
EIA crude stream code, if the EIA crude stream code is known.
    (2) Up to an annual volume of a type of crude oil identified by a
generic name for the crude stream and an appropriate EIA two-letter
country or state and production area code, if the generic name and EIA
two-letter code are known but no appropriate EIA crude stream code
exists.
    (3) Up to a calendar month of crude oil volume from a single known
foreign country of origin if the crude stream name is unknown.
    (4) Up to a calendar month of crude oil volume from the United
States if the crude stream name and production area are unknown.
    (5) Up to a calendar month of crude oil volume if the country of
origin is unknown.

Subpart NN--[Amended]

0
66. Section 98.403 is amended by:
0
a. Revising the definitions of ``Fuelh'' and
``HHVh'' in Equation NN-1 of paragraph (a)(1).
0
b. Revising the definition of ``Fuelh'' in Equation NN-2 of
paragraph (a)(2).
0
c. Revising the definition of ``Fuel1'' in Equation NN-5 of
paragraph (b)(3).

0
d. Revising the definition of ``EFg'' in Equation NN-7 of
paragraph (c)(1).
0
e. In paragraph (c)(2), revising Equation NN-8 and the definition of
``CO2i'' in Equation NN-8.
    The revisions read as follows:

Sec.  98.403  Calculating GHG emissions.

    (a) * * *
    (1) * * *

Fuelh = Total annual volume of product ``h'' supplied
(volume per year, in thousand standard cubic feet (Mscf) for natural
gas and bbl for NGLs).
HHVh = Higher heating value of product ``h'' supplied
(MMBtu/Mscf or MMBtu/bbl).

* * * * *
    (2) * * *

Fuelh = Total annual volume of product ``h'' supplied
(bbl or Mscf per year)

* * * * *
    (b) * * *
    (3) * * *

Fuel1 = Total annual volume of natural gas received by
the LDC at the city gate and stored on-system or liquefied and
stored in the reporting year (Mscf per year).

* * * * *
    (c) * * *
    (1) * * *

EFg = Fuel-specific CO2 emission factor of NGL
product ``g'' (MT CO2/bbl).

    (2) * * *
    [GRAPHIC] [TIFF OMITTED] TR28OC10.043

* * * * *

CO2i = Annual CO2 mass emissions that would
result from the combustion or oxidation of fractionated NGLs
delivered to all customers or on behalf of customers as calculated
in paragraph (a)(1) or (a)(2) of this section (metric tons).

* * * * *

0
67. Section 98.406 is amended by revising paragraphs (a)(6) and (a)(9)
introductory text to read as follows:

Sec.  98.406  Data reporting requirements.

    (a) * * *
    (6) Annual CO2 emissions (metric tons) that would result
from the complete combustion or oxidation of the quantities in
paragraphs (a)(1) and (a)(2) of this section, calculated in accordance
with Sec.  98.403(a) and (c)(1).
* * * * *
    (9) If the NGL fractionator developed reporter-specific EFs or
HHVs, report the following for each product type:
* * * * *

0
68. Section 98.407 is amended by revising paragraphs (a) and (d) to
read as follows:

Sec.  98.407  Records that must be retained.

* * * * *
    (a) Records of all meter readings and documentation to support
volumes of natural gas and NGLs that are reported under this part.
* * * * *
    (d) Records related to the large end-users identified in Sec.
98.406(b)(7).
* * * * *

0
69. Tables NN-1 and NN-2 to Subpart NN are revised to read as follows:

  Table NN-1 to Subpart NN of Part 98--Default Factors for Calculation
                      Methodology 1 of This Subpart
------------------------------------------------------------------------
                                                          Default CO2
             Fuel                Default high heating   emission factor
                                     value factor        (kg CO2/MMBtu)
------------------------------------------------------------------------
Natural Gas...................  1.028 MMBtu/Mscf.....              53.02
Propane.......................  3.822 MMBtu/bbl......              61.46
Normal butane.................  4.242 MMBtu/bbl......              65.15
Ethane........................  4.032 MMBtu/bbl......              62.64
Isobutane.....................  4.074 MMBtu/bbl......              64.91
Pentanes plus.................  4.620 MMBtu/bbl......              70.02
------------------------------------------------------------------------

     Table NN-2 to Subpart NN of Part 98--Lookup Default Values for
                Calculation Methodology 2 of This Subpart
------------------------------------------------------------------------
                                                          Default CO2
             Fuel                        Unit            emission value
                                                         (MT CO2/Unit)
------------------------------------------------------------------------
Natural Gas...................  Mscf.................              0.055
Propane.......................  Barrel...............              0.235
Normal butane.................  Barrel...............              0.276
Ethane........................  Barrel...............              0.253
Isobutane.....................  Barrel...............              0.266
Pentanes plus.................  Barrel...............              0.324
------------------------------------------------------------------------

[FR Doc. 2010-26506 Filed 10-27-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: May 14, 2010 (Volume 75, Number 93)]
[Notices]
[Page 27332-27333]
[DOCID:fr14my10-63]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP10-361-000]

Tennessee Gas Pipeline Company; Notice of Application

May 6, 2010.
    Take notice that on April 30, 2010, Tennessee Gas Pipeline Company
(Tennessee), 1001 Louisiana Street, Houston, Texas 77002, filed in
Docket No. CP10-361-000, an application pursuant to section 7(b) of the
Natural Gas Act (NGA) and Part 157 of the Commission's regulations,
requesting authorization to abandon an inactive supply pipeline located
in federal waters in the West Cameron area, offshore Louisiana, all as
more fully set forth in the application which is on file with the
Commission and open to public inspection. This filing may also be
viewed on the Commission's Web site at http://www.ferc.gov using the
``eLibrary'' link. Enter the docket number, excluding the last three
digits, in the docket number field to access the document. For
assistance, call<PHONE_NUMBER> or TTY,<PHONE_NUMBER>.
    Any questions regarding this application should be directed to
Susan T. Halbach, Senior Counsel, Tennessee Gas Pipeline Company, 1001
Louisiana Street, Houston, Texas 77002, or by calling<PHONE_NUMBER>
(telephone) or<PHONE_NUMBER> (fax<EMAIL_ADDRESS>Debbie
Kalisek, Regulatory Analyst, Tennessee Gas Pipeline Company, 1001
Louisiana Street, Houston, Texas 77002, or by calling<PHONE_NUMBER>
(telephone) or<PHONE_NUMBER> (fax<EMAIL_ADDRESS>or to
Thomas G. Joyce, Manager, Certificates, Tennessee Gas Pipeline Company,
1001 Louisiana Street, Houston, Texas 77002, or by calling (713) 420-
3299 (telephone) or<PHONE_NUMBER> (fax<EMAIL_ADDRESS>    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding, or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 14 copies of filings made with the Commission and must mail a
copy to the applicant and to every other party in the proceeding. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to

the party or parties directly involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenters will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commenters will not be required to serve copies of filed
documents on all other parties. However, the non-party commenters will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    Motions to intervene, protests and comments may be filed
electronically via the internet in lieu of paper; see, 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's web site
under the ``e-Filing'' link. The Commission strongly encourages
electronic filings.
    Comment Date: May 27, 2010.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-11520 Filed 5-13-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 235 (Wednesday, December 7, 2016)]
[Rules and Regulations]
[Pages 88110-88112]
[FR Doc No: 2016-29315]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-1020]
RIN 1625-AA00

Safety Zone; Upper Mississippi River, St. Louis, MO

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters on the Upper Mississippi River from mile 179.2 to mile
180. The safety zone is needed to protect personnel, vessels, and the
marine environment from potential

hazards created during a fireworks display on and over the navigable
waterway. Entry of vessels or persons into this zone is prohibited
unless specifically authorized by the Captain of the Port Sector Upper
Mississippi River or a designated representative.

DATES: This rule is effective from 7:45 p.m. to 8:40 p.m. on December
31, 2016.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2016-1020 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LCDR Sean Peterson, Chief of Prevention, Sector Upper
Mississippi River, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a NPRM with respect to this rule
because the Coast Guard was not notified of the fireworks display until
November 9, 2016. After full review of the details for the planned
display, the Coast Guard determined action is needed to protect people
and property from the safety hazards associated with the fireworks
display on the Upper Mississippi River (UMR) near St. Louis, MO. It is
impracticable to publish an NPRM because we lack sufficient time to
provide a reasonable comment period and then consider those comments
before issuing the rule; we must establish this safety zone by December
31, 2016.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of the
rule is contrary to the public interest as it would delay the
effectiveness of the temporary safety zone needed to respond to
potential related safety hazards until after the planned fireworks
display.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The COTP has determined that potential hazards associated with
the fireworks display will be a safety concern before, during, and
after the display. The purpose of this rule is to ensure safety of
vessels and the navigable waters in the safety zone before, during, and
after the scheduled event.

IV. Discussion of the Rule

    This rule establishes a safety zone from 7:45 p.m. to 8:40 p.m. on
December 31, 2016. The safety zone will cover all navigable waters
between miles 179.2 and 180 on the UMR in St. Louis, MO. Exact times of
the closures during this 55 minute period will be communicated to
mariners using broadcast and local notice to mariners. The safety zone
is intended to ensure the safety of vessels and these navigable waters
before, during and after the fireworks display. No vessel or person
will be permitted to enter the safety zone without obtaining permission
from the COTP or a designated representative.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.
    This temporary final rule establishes a safety zone impacting a
less than one mile area on the UMR for a limited time period less than
one hour. During the enforcement period, vessels are prohibited from
entering into or remaining within the safety zone unless specifically
authorized by the COTP or other designated representative. Based on the
location, limited safety zone area, and short duration of the
enforcement period, this rule does not pose a significant regulatory
impact. Additionally, notice of the safety zone will be made via
broadcast and local notice to mariners.

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 rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A. above, this rule will not have a significant economic impact on
any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule 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.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain

about this rule or any policy or action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves a safety zone lasting less than one hour that will
prohibit entry from mile 179.2 to mile 180 on the UMR. It is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. An environmental analysis
checklist supporting this determination and a Categorical Exclusion
Determination are available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.

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.

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 amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1231; 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.T08-1020 to read as follows:

Sec.  165.T08-1020  Safety Zone; Upper Mississippi River, St. Louis,
MO.

    (a) Location. The following area is a safety zone: All waters of
the Upper Mississippi River between miles 179.2 to 180, St. Louis, MO.
    (b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Upper Mississippi River (COTP) in the enforcement
of the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's
representative via VHF-FM channel 16, or through Coast Guard Sector
Upper Mississippi River at<PHONE_NUMBER>. Those in the safety zone must
comply with all lawful orders or directions given to them by the COTP
or the COTP's designated representative.
    (d) Enforcement periods. This section will be enforced from 7:45
p.m. to 8:40 p.m. on December 31, 2016.
    (e) Informational broadcasts. The COTP or a designated
representative will inform the public through broadcast notices to
mariners of the enforcement period for the safety zone.

    Dated: December 1, 2016.
M.L. Malloy,
Captain, U.S. Coast Guard, Captain of the Port Upper Mississippi River.
[FR Doc. 2016-29315 Filed 12-6-16; 8:45 am]
 BILLING CODE 9110-04-P