[Federal Register: July 5, 2011 (Volume 76, Number 128)]
[Notices]
[Page 39081-39082]
[DOCID:fr05jy11-55]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

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

    Docket Numbers: ER10-2739-001; ER11-27-002; ER11-3320-002; ER10-
2744-002; ER10-2740-002; ER10-1631-001; ER11-3321-002.
    Applicants: Rocky Road Power, LLC, Riverside Generating Company,
LLC, LS Power Marketing, LLC, University Park Energy, LLC, LSP Safe
Harbor Holdings, LLC, LSP University Park, LLC, Wallingford Energy LLC.
    Description: Updated Market Power Analysis and Notification of
Change in Status.
    Filed Date: 06/24/2011.
    Accession Number: 20110624-5206.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 23, 2011.

    Docket Numbers: ER11-3281-001.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits tariff filing per 35: 6-24-2011 Module F Compliance Filing to
be effective 6/1/2011.
    Filed Date: 06/24/2011.
    Accession Number: 20110624-5146.
    Comment Date: 5 p.m. Eastern Time on Friday, July 15, 2011.

    Docket Numbers: ER11-3531-001.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits tariff filing per 35.17(b): 06-24-2011 ATC Schedule 9 amendment
to be effective 7/6/2011.
    Filed Date: 06/24/2011.
    Accession Number: 20110624-5179.
    Comment Date: 5 p.m. Eastern Time on Friday, July 15, 2011.

    Docket Numbers: ER11-3869-001.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Company submits tariff
filing per 35.17(b): Resubmission of First Amended LGIA Sentinel
Project to be effective 6/24/2011.
    Filed Date: 06/24/2011.
    Accession Number: 20110624-5113.
    Comment Date: 5 p.m. Eastern Time on Friday, July 15, 2011.

    Docket Numbers: ER11-3877-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits tariff filing per
35.13(a)(2)(iii: OG&E Transmission Revenue Requirement Update to be
effective 3/1/2011.
    Filed Date: 06/24/2011.
    Accession Number: 20110624-5102.
    Comment Date: 5 p.m. Eastern Time on Friday, July 15, 2011.

    Docket Numbers: ER11-3878-000.
    Applicants: PJM Interconnection, LLC.
    Description: PJM Interconnection, LLC submits tariff filing per
35.13(a)(2)(iii: PJM Queue No. W1-116; Original Service Agreement No.
2946 to be effective 5/25/2011.
    Filed Date: 06/24/2011.
    Accession Number: 20110624-5118.
    Comment Date: 5 p.m. Eastern Time on Friday, July 15, 2011.

    Docket Numbers: ER11-3879-000.
    Applicants: Amerigreen Energy, Inc.
    Description: Amerigreen Energy, Inc. submits tariff filing per
35.12: Market Based Rate Tariff to be effective 6/27/2011.
    Filed Date: 06/24/2011.
    Accession Number: 20110624-5120.
    Comment Date: 5 p.m. Eastern Time on Friday, July 15, 2011.

    Docket Numbers: ER11-3880-000.
    Applicants: Vermont Transco, LLC.
    Description: Vermont Transco, LLC submits tariff filing per
35.13(a)(2)(iii: Vermont Transco LLC Updated Exhibit A for the 1991
Transmission Agreement to be effective 7/1/2011.
    Filed Date: 06/24/2011.
    Accession Number: 20110624-5133.
    Comment Date: 5 p.m. Eastern Time on Friday, July 15, 2011.

    Docket Numbers: ER11-3881-000.
    Applicants: New York Independent System Operator, Inc.
    Description: New York Independent System Operator, Inc. submits
tariff filing per 35.13(a)(2)(iii: Clarify Definition of ATC and Update
List of Applicable NAESB WEQ Standards to be effective 4/1/2011.
    Filed Date: 06/24/2011.
    Accession Number: 20110624-5134.
    Comment Date: 5 p.m. Eastern Time on Friday, July 15, 2011.

    Docket Numbers: ER11-3882-000.
    Applicants: PJM Interconnection, LLC.
    Description: PJM Interconnection, LLC submits tariff filing per
35.13(a)(2)(iii: Revisions to the PJM Operating Agreement Section 8.3.3
Quorum to be effective 8/23/2011.
    Filed Date: 06/24/2011.
    Accession Number: 20110624-5135.
    Comment Date: 5 p.m. Eastern Time on Friday, July 15, 2011.

    Docket Numbers: ER11-3883-000.
    Applicants: Wisconsin Electric Power Company.

    Description: Wisconsin Electric Power Company submits tariff filing
per 35.13(a)(2)(iii: Formula Rate Wholesale Sales Tariff revisions to
be effective 9/1/2011.
    Filed Date: 06/24/2011.
    Accession Number: 20110624-5136.
    Comment Date: 5 p.m. Eastern Time on Friday, July 15, 2011.

    Docket Numbers: ER11-3884-000.
    Applicants: El Paso Electric Company.
    Description: El Paso Electric Company submits tariff filing per
35.13(a)(2)(iii: Rate Schedule No. 107 Macho Springs Settlement
Agreement to be effective 9/1/2011.
    Filed Date: 06/24/2011.
    Accession Number: 20110624-5149.
    Comment Date: 5 p.m. Eastern Time on Friday, July 15, 2011.

    Docket Numbers: ER11-3885-000.
    Applicants: Wisconsin Electric Power Company.
    Description: Wisconsin Electric Power Company submits tariff filing
per 35.13(a)(2)(iii: WPPI Rate Schedule FERC No. 90 revised to be
effective 9/1/2011.
    Filed Date: 06/24/2011.
    Accession Number: 20110624-5165
    Comment Date: 5 p.m. Eastern Time on Friday, July 15, 2011.

    Docket Numbers: ER11-3886-000.
    Applicants: New York Independent System Operator, Inc., Niagara
Mohawk Power Corporation.
    Description: New York Independent System Operator, Inc. submits
tariff filing per 35.13(a)(2)(iii: IA Between National Grid and the
Village of Ilion to be effective 7/1/2011.
    Filed Date: 06/24/2011.
    Accession Number: 20110624-5198.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 5, 2011.

    Docket Numbers: ER11-3886-001.
    Applicants: New York Independent System Operator, Inc., Niagara
Mohawk Power Corporation.
    Description: New York Independent System Operator, Inc. submits
tariff filing per 35.17(b): Amendment to Niagara Mohawk, Village of
Ilion IA No. 1755 to be effective 7/1/2011.
    Filed Date: 06/27/2011.
    Accession Number: 20110627-5097.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 5, 2011.

    Docket Numbers: ER11-3887-000.
    Applicants: Cedar Creek Wind Energy, LLC.
    Description: Cedar Creek Wind Energy, LLC submits tariff filing per
35.13(a)(2)(iii: Concurrence to be effective 6/24/2011.
    Filed Date: 06/24/2011.
    Accession Number: 20110624-5199.
    Comment Date: 5 p.m. Eastern Time on Friday, July 15, 2011.

    Docket Numbers: ER11-3891-000.
    Applicants: ISO New England Inc.
    Description: ISO New England Inc. Forward Capacity Auction Results
Filing.
    Filed Date: 06/27/2011.
    Accession Number: 20110627-5095.
    Comment Date: 5 p.m. Eastern Time on Thursday, August 11, 2011.

    Take notice that the Commission received the following electric
reliability filings

    Docket Numbers: RD11-7-000.
    Applicants: North American Electric Reliability Corp.
    Description: Petition of the North American Electric Reliability
Corporation for Approval of a Personnel Performance, Training, and
Qualifications Reliability Standard.
    Filed Date: 04/29/2011.
    Accession Number: 20110429-5556.
    Comment Date: 5 p.m. Eastern Time on Monday, July 18, 2011.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    As it relates to any qualifying facility filings, the notices of
self-certification [or self-recertification] listed above, do not
institute a proceeding regarding qualifying facility status. A notice
of self-certification [or self-recertification] simply provides
notification that the entity making the filing has determined the
facility named in the notice meets the applicable criteria to be a
qualifying facility. Intervention and/or protest do not lie in dockets
that are qualifying facility self-certifications or self-
recertifications. Any person seeking to challenge such qualifying
facility status may do so by filing a motion pursuant to 18 CFR
292.207(d)(iii). Intervention and protests may be filed in response to
notices of qualifying facility dockets other than self-certifications
and self-recertifications.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: June 27, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-16689 Filed 7-1-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: January 3, 2007 (Volume 72, Number 1)]
[Rules and Regulations]
[Page 20-23]
[DOCID:fr03ja07-9]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2004-TN-0004, EPA-R04-OAR-2005-TN-0009, EPA-R04-OAR-2006-
0532, 200607/17(a); FRL-8265-6]

Approval and Promulgation of Implementation Plans; Tennessee:
Approval of Revisions To the Knox County Portion of the Tennessee State
Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve multiple
revisions to the Tennessee State Implementation Plan (SIP) submitted by
the State of Tennessee, through the Tennessee Department of Environment
and Conservation (TDEC), on March 16, 2000, July 23, 2002, December 10,
2004, and January 31, 2006. The revisions pertain to the Knox County
portion of the Tennessee SIP and include changes to Knox County Air
Quality Regulations (KCAQR) Section 16.0--``Open Burning,'' Section
25.0--``Permits,'' and Section 46.0--``Regulation of Volatile Organic
Compounds.'' These revisions are part of Knox County's strategy to
attain and maintain the national ambient air quality standards (NAAQS).
Today's action is being taken pursuant to section 110 of the Clean Air
Act (CAA).

DATES: This direct final rule is effective March 5, 2007 without
further notice, unless EPA receives adverse comment by February 2,
2007. If adverse comment is received, EPA will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Nos. EPA-R04-
OAR-2004-TN-0004, EPA-R04-OAR-2005-TN-0009, and EPA-R04-OAR-2006-0532
by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for

submitting comments.
    2. E-mail<EMAIL_ADDRESS>or<EMAIL_ADDRESS>
    3. Fax:<PHONE_NUMBER>.
    4. Mail: ``EPA-R04-OAR-2004-TN-0004,'' ``EPA-R04-OAR-2005-TN-
0009,'' or ``EPA-R04-OAR-2006-0532,'' Regulatory Development Section,
Air Planning Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Egide Louis or James Hou, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are
only accepted during the Regional Office's official hours of business.
The Regional Office's official hours of business are Monday through
Friday, 8:30 to 4:30, excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2004-TN-0004, EPA-R04-OAR-2005-TN-0009, or EPA-R04-OAR-2006-0532. EPA's
policy is that all comments received will be included in the public
docket without change and may be made available online at
http://www.regulations.gov, including any personal information provided,

unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit through http://www.regulations.gov or e-

mail, information that you consider to be CBI or otherwise protected.
The http://www.regulations.gov Web site is an ``anonymous access'' system,

which

means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an e-mail comment
directly to EPA without going through http://www.regulations.gov, your e-mail

address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.

    Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some

information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://www.regulations.gov or

in hard copy at the Regulatory Development Section, Air Planning
Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 4:30, excluding
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Egide Louis or James Hou, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. Dr. Louis can be
reached by telephone at<PHONE_NUMBER> or via electronic mail at
<EMAIL_ADDRESS>The telephone number for Mr. Hou is (404) 562-

8965. He can also be reached via electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Analysis of State Submittals

    On March 16, 2000, July 23, 2002, December 10, 2004, and January
31, 2006, the State of Tennessee, through TDEC, submitted revisions to
the Tennessee SIP. The revisions pertain to the Knox County portion of
the Tennessee SIP and include changes to KCAQR Section 16.0--``Open
Burning,'' Section 25.0--``Permits,'' and Section 46.0--``Regulation of
Volatile Organic Compounds.'' These rule changes became effective at
the county level on March 8, 2000, June 25, 2002, December 8, 2004, and
December 14, 2005, respectively. These revisions were initially
submitted by Knox County Air Quality Management Division for review to
TDEC, which found the changes to be at least as stringent as the
corresponding State requirements. TDEC then prepared the forma SIP
revision submittals for EPA review. The changes included as part of the
instant revisions are part of Knox County's strategy to attain and
maintain the NAAQS and are approvable into the Tennessee SIP pursuant
to section 110 of the CAA. The changes included in each of the four SIP
submittals will be discussed below, organized by subject matter. In
some cases, one rule, such as the open burning rule, may be affected by
more than one of the SIP submittals. As a result, the changes discussed
below are organized by rule and not SIP submittal.

I. KCAQR Section 16.0--``Open Burning''

    All four of the SIP submittals included changes to KCAQR Section
16.0, ``Open Burning.'' Each change is discussed below beginning with
the March 16, 2000, submittal.
    The March 16, 2000, SIP submittal included changes to KCAQR Section
16.4.B, which allows open fires to be set for the training and
instruction of public or private fire-fighting personnel. Section
16.4.B was changed to include conditions under which the use of open
burning for fire-fighting training must be conducted. These conditions
include requirements that the substances to be burned must be free of
asbestos and asphalt shingles; the burning is for training purposes
only; and the burning will not cause a traffic hazard. As a point of
clarification, Section 16.4.B, which was numbered 16.3.B at the time of
the March 16, 2000, submittal, subsequently became Section 16.4.B as a
result of a renumbering of Section 16.0 which is discussed below as
part of one of the later SIP submittals.
    The July 23, 2002, SIP submittal included changes to KCAQR Section
16.3--``Definitions,'' and Section 16.0--``Open Burning,'' including a
renumbering/reorganization of Section 16.0. The changes to the
definitions for Open Burning includes definitions for the terms ``air
curtain destructor,'' ``air pollution emergency episode,'' ``natural
disaster,'' ``open burning,'' ``person,'' ``registered sanitary
landfill,'' and ``wood waste.'' As a result of the renumbering/
reorganization of Section 16.0, that provision now contains the
following parts: Section 16.1--``Open Burning Prohibited,'' Section
16.2--``Definitions,'' Section 16.3--``Exceptions to Prohibition--
Without Permit,'' Section 16.4--``Exceptions to Prohibition--With
Permit,'' Section 16.5--``Open Burning Conditions--With Permit,'' and
Section 16.6, which includes general prohibitions. Section 16.6, which
lists materials not exempted by the Open Burning Rule, is one of the
new sections. Changes were also made to Section 16.4.C (old Section
16.3.C). They consisted of adding specific requirements under which
open burning is allowed when an air curtain destructor is used. The
requirements include necessary certifications, timing, substances to be
burned, and other restrictions.
    The December 10, 2004, SIP submittal included changes to KCAQR
Section 16.5.B prohibiting open burning on ``air pollution action
days.'' Specifically, ``air pollution action days'' are defined as days
on which the appropriate agency within Knox County has determined that
air pollution levels may potentially exceed a NAAQS. The December 10th
submittal also included a new provision, Section 16.7, which provided
that the use of air curtain destructors would be prohibited in the
County after January 1, 2005.
    The January 31, 2006, SIP submittal included changes to KCAQR
Section 16.4.C and 16.4.D. On November 1, 2006, Knox County notified
EPA Region 4 of its decision to withdraw Section 16.4.D. from the
January 31, 2006, SIP revision. As a result, EPA reviewed the January
31, 2006, submittal as though it did not contain any changes regarding
Section 16.4.D. The changes to Section 16.4.C involved the deletion of
substance contained in that section, which regarded the use of air
curtain destructors, and reserving it for future use. This revision is
consistent with the prohibition on air curtain destructors included as
part of the December 10, 2004, SIP submittal (this is discussed briefly
above).
    The March 16, 2000, SIP submittal also included minor changes to
KCAQR Section 13.0--``Definitions'' and Section 25.0--``Permits.'' The
proposed changes

to Section 13.0 are not being addressed today and are not being
affected by today's direct final action. They will be addressed in a
subsequent action by EPA which will be published in the Federal
Register. With regard to KCAQR Section 25.0--``Permits,'' the changes
include the addition of a new section, Section 25.3.J (pertaining to
operating permits), which stipulates that any violation of an operating
permit is considered a violation of the permit at issue, as well as, a
violation of the Knox County air regulations. This change was made to
ensure consistency between the Knox County air permits program and the
corresponding State of Tennessee program.
    The December 10, 2004, SIP submittal discussed above with regard to
the Open Burning Rule changes, also contained a proposal to adopt and
incorporate by reference the State of Tennessee's rules on Stage I
Vapor Recovery. These rules appear in the Tennessee Administrative Code
Chapter 1200-3-18-.24.B--``Gasoline Dispensing Facilities, Stage I and
Stage II Vapor Recovery.'' This provision now exists in Knox County air
regulations under Section 46.0--``Regulation of Organic Volatile
Compounds,'' as KCAQR Section 46.22--``Gasoline Dispensing Facilities,
Stage I Vapor Recovery.'' Knox County's changes were made to ensure
consistency with the State of Tennessee's Stage I and Stage II vapor
recovery programs, which are required in newly designated nonattainment
areas of the State.
    All of the KCAQR changes described above, which span over four SIP
submittals, include changes to KCAQR that are part of Knox County's
strategy to attain and maintain air quality that is consistent with the
NAAQS. According to the TDEC, the changes are at least as stringent as
the Tennessee SIP, and the changes also appear to be at least as
stringent as the current Knox County portion of the SIP. As a result,
the above described changes are approvable pursuant to section 110 of
the Clean Air Act.

II. Final Action

    EPA is approving revisions to the Knox County portion of the
Tennessee SIP, submitted by the State of Tennessee on March 16, 2000,
July 23, 2002, December 10, 2004, and January 31, 2006, pursuant to
section 110 of the Clean Air Act. The revisions include changes to
KCAQR Section 16.0--``Open Burning,'' Section 25.0--``Permits,'' and
Section 46.0--``Regulation of Volatile Organic Compounds.'' Although
the December 10, 2004, submittal also included changes to Section
13.0--``Definitions,'' EPA is not taking action on that revision today.
In addition, EPA is taking no action on changes included in the January
31, 2006, SIP revision regarding Section 16.4.D. of the open burning
rule, because they were subsequently withdrawn by Knox County.
    EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial submittal and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revisions should
adverse comments be filed. This rule will be effective March 5, 2007
without further notice unless the Agency receives adverse comments by
February 2, 2007.
    If EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. EPA will not
institute a second comment period. Parties interested in commenting
should do so at this time. If no such comments are received, the public
is advised that this rule will be effective on March 5, 2007 and no
further action will be taken on the proposed rule. Please note that if
we receive adverse comment on an amendment, paragraph, or section of
this rule and if that provision may be severed from the remainder of
the rule, we may adopt as final those provisions of the rule that are
not the subject of an adverse comment.

III. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4).
    This rule also does not have tribal implications because it will
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, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
states, on the relationship between the national government and the
states, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves state law as
meeting Federal requirements and imposes no additional requirements
beyond those imposed by state law. As a result, this action does not
alter the relationship or the distribution of power and
responsibilities established in the CAA. This rule also is not subject
to Executive Order 13045 ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because
it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. In this
context, in the absence of a prior existing requirement for the State
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the CAA. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. This rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the

Congress and to the Comptroller General of the United States. EPA will
submit a report containing this rule and other required information to
the U.S. Senate, the U.S. House of Representatives, and the Comptroller
General of the United States prior to publication of the rule in the
Federal Register. A major rule cannot take effect until 60 days after
it is published in the Federal Register. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 5, 2007. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Ozone, Particulate matter, Reporting and recordkeeping requirements,
Volatile organic compounds.

    Dated: December 20, 2006.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart RR--Tennessee

0
2. Section 52.2220(c) is amended by revising entries in Table 3 of the
Knox County portion of the Tennessee State Implementation Plan, for
``Section 16.0,'' ``Section 25.0,'' and ``Section 46.0'' to read as
follows:

Sec.  52.2220  Identification of plan.

* * * * *
    (c) * * *

                                 Table 3.--EPA Approved Knox County, Regulations
----------------------------------------------------------------------------------------------------------------
                                                               State
        State citation                Title/subject          effective     EPA approval         Explanation
                                                                date           date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Section 16.0.................  Open Burning...............     12/14/05  01/03/07 [Insert
                                                                          citation of
                                                                          publication].

                                                  * * * * * * *
Section 25.0.................  Permits....................     03/08/00  01/03/07 [Insert
                                                                          citation of
                                                                          publication].

                                                  * * * * * * *
Section 46.0.................  Regulation of Volatile           10/8/04  01/03/07 [Insert
                                Organic Compounds.                        citation of
                                                                          publication].

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

* * * * *
 [FR Doc. E6-22475 Filed 12-29-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 161 (Tuesday, August 20, 2019)]
[Rules and Regulations]
[Pages 43043-43045]
[FR Doc No: 2019-17938]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2019-0442]
RIN 1625-AA09

Drawbridge Operation Regulation; Bronx River, Bronx, NY

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is removing the existing drawbridge operation
regulation for the Bruckner Boulevard Bridge across the Bronx River,
mile 1.1, Bronx, New York. The drawbridge was replaced with a fixed
bridge in December 2014 and the operating regulation is no longer
applicable or necessary.

DATES: This rule is effective August 20, 2019.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2019-0442. In the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Ms. Stephanie Lopez, Bridge Management Specialist, First
Coast Guard District Bridge Program, telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    Under 5 U.S.C. 553(b), the Coast Guard finds that good cause exists
for not publishing a notice of proposed rulemaking (NPRM) with respect
to this rule because the Bruckner Boulevard Bridge, that once required
draw operations in 33 CFR 117.771(a), was replaced with a fixed bridge
in December 2014. Therefore, the regulation 33 CFR 117.771 (a) is no
longer applicable and shall be removed from publication. It is
unnecessary to publish an NPRM because this regulatory action does not
purport to place any restrictions on mariners but rather removes a
restriction that has no further use or value.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective in less than 30 days after
publication in the Federal Register. The bridge has been a fixed bridge
over Bronx River for 54 months and this rule merely requires an
administrative change to the Federal Register, in order to omit a
regulatory requirement that is no longer applicable or necessary. The
modification has already taken place and the removal of the regulation
will not affect mariners currently operating on this waterway.
Therefore, a delayed effective date is unnecessary.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
    The Bruckner Boulevard Bridge across the Bronx River, mile 1.1 was
modified with a fixed bridge in December 2014. It has come to the
attention of the Coast Guard that the governing regulation for this
drawbridge was never removed subsequent to the completion of the fixed
bridge that replaced the Bruckner Boulevard Bridge. The elimination of
this drawbridge necessitates the removal of the drawbridge operation
regulation, 33 CFR 117.771(a) and the modification of 33 CFR
117.771(c), that pertain to the former drawbridge.
    The purpose of this rule is to remove the no longer applicable
section of 33 CFR 117.771(a) and modify 33 CFR 117.771(c), which refers
to the Bruckner Boulevard Bridge at mile 1.1, from the Code of Federal
Regulations since it governs a bridge that is no longer able to be
opened.

IV. Discussion of Final Rule

    The Coast Guard is changing the regulation in 33 CFR 117.771 by
removing restrictions and eliminating regulatory burden related to draw
operations for this bridge that is no longer a drawbridge. The change
removes the section 33 CFR 117.771(a) of the regulation governing the
Bruckner Boulevard Bridge since the bridge has been modified to a fixed
bridge. This rule also modifies section 33 CFR 117.771(c) by removing
reference to the requirement that the Bruckner Boulevard Bridge
maintain clearance gauges. This Final Rule seeks to update the Code of
Federal Regulations by removing language that governs the operation of
the Bruckner Boulevard Bridge, which is no longer a drawbridge. This
change does not affect waterway or land traffic. This change does not
affect nor does it alter the operating schedules in Sec.  33 CFR
117.771 that govern the remaining active drawbridge on Bronx River and
connecting waterways.

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 protesters.

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 13771 directs agencies to control
regulatory costs through a budgeting process. 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 (OMB) and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    The Coast Guard does not consider this rule to be ``significant''
under that Order because it is an administrative change and does not
affect the way vessels operate on the waterway. This regulatory action
determination is based on the fact that the bridge was replaced by a
fixed bridge and no longer operates as a drawbridge. The removal of the
operating schedule from 33 CFR 117 Subpart B will have no effect on the
movement of waterway or land traffic.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    For the reasons stated in section V.A above this final rule would
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 calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Government

    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.

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 Environmental Planning COMDTINST 5090.1
(series), 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 which do
not individually or cumulatively have a significant effect on the human
environment. This rule simply promulgates the operating regulations or
procedures for drawbridges. It is categorically excluded from further
review under paragraph A3 in Table 3-1 of U.S. Coast Guard
Environmental Planning Implementing Procedures 5090.1.
    A preliminary Record of Environmental Consideration and a
Memorandum for the Record are not required for 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 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority:  33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.

Sec.  117.771  [Amended]

0
2. In Sec.  117.771:
0
A. Remove paragraph (a) and redesignate paragraph (b) as paragraph (a),
and;
0
B. Redesignate paragraph (c) as paragraph (b), and;
0
C. In the newly redesignated paragraph (b), remove ``Bruckner Boulevard
Bridge, mile 1.1 and the'' and ``both''.

    Dated: July 29, 2019.
A.J. Tiongson,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2019-17938 Filed 8-19-19; 8:45 am]
 BILLING CODE 9110-04-P