[Federal Register Volume 84, Number 193 (Friday, October 4, 2019)]
[Notices]
[Pages 53140-53141]
[FR Doc No: 2019-21637]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14998-000]

Premium Energy Holdings, LLC; Notice of Preliminary Permit
Application Accepted for Filing and Soliciting Comments, Motions To
Intervene, and Competing Applications

    On June 18, 2019, Premium Energy Holdings, LLC, filed an
application for a preliminary permit, pursuant to section 4(f) of the
Federal Power Act, proposing to study the feasibility of the Pyramid
Lake Pumped Storage Project (Pyramid Lake Project or project) to be
located on Pyramid Lake and Truckee River, near the community of Nixon,
Washoe County, Nevada. The sole purpose of a preliminary permit, if
issued, is to grant the permit holder priority to file a license
application during the permit term. A preliminary permit does not
authorize the permit holder to perform any land-disturbing activities
or otherwise enter upon lands or waters owned by others without the
owners' express permission.
    The proposed project would be a closed-loop pumped storage
hydropower facility. The applicant proposes three alternative upper
reservoirs: San Emidio Reservoir, Tohakum Peak Reservoir, or Lake Range
Reservoir. The existing Pyramid Lake would be the lower reservoir for
each alternative.

Upper Reservoir Alternative 1: San Emidio Reservoir

    The San Emidio alternative consists of: (1) A 180-acre upper
reservoir having a total storage capacity of 21,550 acre-feet at a
normal maximum operating elevation of 6,700 feet mean sea level (msl);
(2) a 315-foot-high, 2,385-foot-long roller compacted concrete upper

reservoir dam; (3) a 0.63-mile-long, 28-foot-diameter concrete-lined
headrace tunnel; (4) a 0.5-mile-long, 25-foot-diameter concrete-lined
vertical shaft; (5) a 2-mile-long, 25-foot-diameter concrete-lined
horizontal tunnel; (6) five 0.1-mile-long, 16-foot-diameter steel
penstocks; (7) a 500-foot-long, 85-foot-wide, 160-foot-high concrete-
lined powerhouse located in an underground cavern, housing five pump-
turbine generator-motor units rated for 400 megawatts (MW) each; and
(8) a 0.23-mile-long, 30-foot-diameter concrete-lined tailrace tunnel
discharging into the existing Pyramid Lake.

Upper Reservoir Alternative 2: Tohakum Peak Reservoir

    The Tohakum Peak Reservoir alternative consists of: (1) A 160-acre
upper reservoir having a total storage capacity of 27,050 acre-feet at
a normal maximum operating elevation of 5,960 feet msl; (2) a 575-foot-
high, 1,740-foot-long roller compacted concrete upper reservoir dam;
(3) a 0.74-mile-long, 33-foot-diameter concrete-lined headrace tunnel;
(4) a 0.28-mile-long, 29-foot-diameter concrete-lined vertical shaft;
(5) a 1.6-mile-long, 29-foot-diameter concrete-lined horizontal tunnel;
(6) five 0.18-mile-long, 19-foot-diameter steel penstocks; (7) a 500-
foot-long, 85-foot-wide, 160-foot-high concrete-lined powerhouse
located in an underground cavern, housing five pump-turbine generator-
motor units rated for 400 MW each; and (8) a 0.22-mile-long, 35-foot-
diameter concrete-lined tailrace tunnel discharging into the existing
Pyramid Lake.

Upper Reservoir Alternative 3: Lake Range Reservoir

    The Lake Range Reservoir alternative consists of: (1) A 160-acre
upper reservoir having a total storage capacity of 26,020 acre-feet at
a normal maximum operating elevation of 6,180 feet msl; (2) a 495-foot-
high, 2,474-foot-long roller compacted concrete upper reservoir dam;
(3) a 0.75-mile-long, 32-foot-diameter concrete-lined headrace tunnel;
(4) a 0.31-mile-long, 29-foot-diameter concrete-lined vertical shaft;
(5) a 1.8-mile-long, 29-foot-diameter concrete-lined horizontal tunnel;
(6) five 0.18-mile-long, 18-foot-diameter steel penstocks; (7) a 500-
foot-long, 85-foot-wide, 160-foot-high concrete-lined powerhouse
located in an underground cavern, housing five pump-turbine generator-
motor units rated for 400 MW each; and (8) a 0.22 mile-long, 34-foot-
diameter concrete-lined tailrace tunnel discharging into the existing
Pyramid Lake.

Lower Reservoir: Pyramid Lake

    The existing Pyramid Lake is the discharge point of the Truckee
River, which is the sole outlet of Lake Tahoe. It has a surface are of
121,080 acres at 3,796 feet msl, and a total storage capacity of 23.6
million acre-feet.

Interconnection

    For each upper reservoir alternative, project power would be
transmitted to the grid via: (1) A new, approximately 15-mile-long, 500
kilovolt (kV) transmission line extending from the powerhouse to the
proposed Pyramid Converter Station (the point of interconnection); and
(2) appurtenant facilities. The estimated annual generation of the
Pyramid Lake Project under each of the alternatives would be 6,900
gigawatt-hours.
    Applicant Contact: Victor M. Rojas, Managing Director, Premium
Energy Holdings, LLC, 355 South Lemon Avenue, Suite A, Walnut,
California 91789; phone:<PHONE_NUMBER>.
    FERC Contact: Kyle Olcott; phone:<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, notices of intent, and competing
applications using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. The first page of any filing should include
docket number P-14998-000.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's website at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-14998) in the docket number field to access
the document. For assistance, contact FERC Online Support.

    Dated: September 30, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-21637 Filed 10-3-19; 8:45 am]
 BILLING CODE 6717-01-P


Document has been coded "B" May be requested under the Freedom of Information Act http:// www.epa.gov/pesticides/foia but access is restricted to entities not engaged in the production sale or distribution of pesticides outside the United States


[Federal Register: January 15, 2009 (Volume 74, Number 10)]
[Notices]
[Page 2648]
[DOCID:fr15ja09-157]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2009-05]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of 14 CFR. The purpose of this notice is to
improve the public's awareness of, and participation in, this aspect of
FAA's regulatory activities. Neither publication of this notice nor the
inclusion or omission of information in the summary is intended to
affect the legal status of the petition or its final disposition.

DATE: Comments on this petition must identify the petition docket
number involved and must be received on or before February 4, 2009.

ADDRESSES: You may send comments identified by Docket Number FAA-2008-
1333 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://
www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Ralen Gao, Office of Rulemaking, ARM-
209, Federal Aviation Administration, 800 Independence Avenue, SW.,
Room 810, Washington, DC 20591, fax<PHONE_NUMBER>, telephone 202-267-
3168. This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on December 8, 2009.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2008-1333.
    Petitioner: Worldwide Aeros Corp.
    Section of 14 CFR Affected: 14 CFR 21.135.
    Description of Relief Sought: Worldwide Aeros Corp. (Aeros) seeks
an exemption to allow Aeros to perform initial airship inflation and
flight testing at an especially large hangar facility that is not part
of the Aeros primary manufacturing facility.

 [FR Doc. E9-711 Filed 1-14-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 204 (Monday, October 22, 2012)]
[Notices]
[Pages 64502-64503]
[FR Doc No: 2012-25815]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Compliance Filings

------------------------------------------------------------------------
                                                    Docket Nos.
------------------------------------------------------------------------
Northwestern Corporation (South Dakota).  ER13-62-000
PacificCorp.............................  ER13-64-000
Deseret Generation & Transmission         ER13-65-000
 Cooperative, Inc..
Northwestern Corporation (Montana)......  ER13-67-000
Portland General Electric Company.......  ER13-68-000
Public Service Company of Colorado......  ER13-75-000
Terra-Gen Dixie Valley, LLC.............  ER13-76-000
Tucson Electric Power Company...........  ER13-77-000
UNS Electric, Inc.......................  ER13-78-000
Public Service Company of New Mexico....  ER13-79-000
Tampa Electric Company..................  ER13-80-000
Arizona Public Service Company..........  ER13-82-000
Duke Energy Carolinas LLC...............  ER13-83-000
Carolina Power & Light Company..........
Cleco Power LLC.........................  ER13-84-000
Maine Public Service Company............  ER13-85-000
Florida Power Corporation...............  ER13-86-000
San Diego Gas & Electric Company........  ER13-87-000
Alcoa Power Generating, Inc. (Yadkin      ER13-88-000
 Division).
MidAmerican Energy Company..............  ER13-89-000
El Paso Electric Company................  ER13-91-000
Avista Corporation......................  ER13-93-000
Avista Corporation......................  ER13-94-000
Entergy Arkansas, Inc...................  ER13-95-000
Black Hills Power, Inc..................  ER13-96-000
Basin Electric Power Cooperative........
Powder River Electric Cooperative.......
Black Hills Colorado Electric Utility     ER13-97-000
 Company.
Puget Sound Energy, Inc.................  ER13-99-000
Kansas City Power & Light Company.......  ER13-100-000
KCP&L Greater Missouri Operations
 Company.
American Transmission Company...........  ER13-101-000
New York Independent System Operator,     ER13-102-000
 Inc..
California Independent System Operator    ER13-103-000
 Corporation.
Florida Power & Light Company...........  ER13-104-000
NV Energy, Inc..........................  ER13-105-000
South Carolina Electric & Gas Company...  ER13-107-000
                                          ER13-107-001
Alcoa Power Generating, Inc. (Long Sault  ER13-108-000
 Division).
Cheyenne Light, Fuel and Power Company..  ER13-120-000
Idaho Power Company.....................  ER13-127-000
Bonneville Power Administration.........  NJ13-1-000
Orlando Utilities Commission............  NJ13-2-000
------------------------------------------------------------------------

    Take notice that on October 10, 2012, October 11, 2012, and October
12, 2012, Northwestern Corporation (South Dakota), PacificCorp, Deseret
Generation & Transmission Cooperative, Inc., Northwestern Corporation
(Montana), Portland General Electric Company, Public Service Company of
Colorado, Terra-Gen Dixie Valley, LLC, Tucson Electric Power Company,
UNS Electric, Inc., Public Service Company of New Mexico, Tampa
Electric Company, Arizona Public Service Company, Duke Energy Carolinas
LLC, Carolina Power & Light Company, Cleco Power LLC, Maine Public
Service Company, Florida Power Corporation, San Diego Gas & Electric
Company, Alcoa Power Generating, Inc. (Yadkin Division), MidAmerican
Energy Company, El Paso Electric Company, Avista Corporation, Entergy
Arkansas, Inc., Black Hills Power, Inc., Basin Electric Power
Cooperative, Powder River Electric Cooperative, Black Hills Colorado
Electric Utility Company, Puget Sound Energy, Inc., Kansas City Power &
Light Company, KCP&L Greater Missouri Operations Company, American
Transmission Company, New York Independent System Operator, Inc.,
California Independent System Operator Corporation, Florida Power &
Light Company, NV Energy, Inc, South Carolina Electric & Gas Company,
Alcoa Power Generating, Inc. (Long Sault Division), Cheyenne Light,
Fuel and Power Company, Idaho Power Company, Bonneville Power
Administration, and Orlando Utilities Commission, submitted filings to
comply with the requirements of Order Nos. 1000 and 1000-A.\1\
---------------------------------------------------------------------------

    \1\ Transmission Planning and Cost Allocation by Transmission
Owning and Operating Public Utilities, Order No. 1000, 76 FR 49,842
(Aug. 11, 2011), FERC Stats. & Regs. ] 31,323 (2011), order on
reh'g, Order No. 1000-A, 77 FR 32,184 (May 31, 2012), 139 FERC ]
61,132 (2012).

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    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is 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 email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on November 9, 2012. \2\
---------------------------------------------------------------------------

    \2\ This notice is not being issued in response to any motion
for extension of time for the submission of interventions or
protests. Specific motions for extension of time will be addressed
separately.

    Dated: October 15, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-25815 Filed 10-19-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: June 21, 2010 (Volume 75, Number 118)]
[Notices]
[Page 35018]
[DOCID:fr21jn10-74]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER10-1291-000]

GenConn Energy LLC; Supplemental Notice That Initial Market-Based
Rate Filing Includes Request for Blanket Section 204 Authorization

June 15, 2010.
    This is a supplemental notice in the above-referenced proceeding of
GenConn Energy LLC's application for market-based rate authority, with
an accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR Part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to intervene or protest must serve a
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is July 6, 2010.
    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-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-14952 Filed 6-18-10; 8:45 am]
BILLING CODE 6717-01-P


Appendix C

Proposed Survey Instrument for On-Site Inspections

Date of Visit: ________________________________

Agency/Regional Office: ____________________

Assistance Provider:__________________________________________

Tel.______________________

Facility Name:___________________________________________________________________ ________

Facility Address:________________________________________________________________ _________

Name and Title of Facility Contact Person: ________________________________________________________________________ ____________

Telephone number of Facility Contact Person:

________________________________________________________________________ ____________

Introduction

Hi, my name is [interviewer name].  I am here on behalf of the U.S. Environmental Protection Agency. We are conducting a survey related to environmental practices at autobody shops.  The survey will help EPA improve the assistance it provides to shops in complying with environmental regulations.   Are you the person I should speak to about environmental issues in your shop?

(If no, ask to speak with appropriate person and repeat above introduction  The ideal respondent (in survey research this is called the “most knowledgeable person” -- MKP) is the person from the shop who keeps up with environmental requirements, is familiar with shop set up and operations, and perhaps receives information through training or attending workshops or manages the operations of the shop.)

Great.  It will take us about 1 hr to walk through the shop and complete the survey, and your responses will remain anonymous.  Is there an office, or a place where we can sit to go over some of the basic questions first?

Based on our observations and experience testing the survey out in shops, it works best to go through all interview questions up front in a quiet office area and then ask to be shown through the shop for observations

SECTION A: INTRODUCTION

A1.	Which of the following categories best describes your role at this shop? (read categories):

	___	Owner

	___	Manager

	___	Technician who applies spray coatings

	___	Another role (specify)__________________________________________

A2.	Do the operations at your shop include the application of surface coatings to vehicles or parts?

___	Yes

	___	No ( End survey

A3.	Is this shop part of a corporate chain?

	___	Yes (specify which one)_____________________________________________

	___	No

SECTION B: TRAINING

B1.	a. Have your employees taken a training program that covers proper hazardous waste management procedures?

___	Yes

___	No( Skip to B 2

___	Don't know ( Skip to B 2

b.  Is the documentation related to the hazardous waste management training program present and available for review?

___	Yes

___	No

___	Don't know

	CA provider may examine documentation to determine whether or not shop has program.  The CA provider will not evaluate the quality of the training program.

	___	Shop has training program

___	Shop does not have training program

___	Not sure

B2.	a. Have ALL spray technicians been trained regarding spray equipment?

___	Yes (all)

___	Yes (some)

	___	No ( Skip to C 1

	___	Not sure ( Skip to C 1

b. Has the training addressed and/or included the following regarding spray equipment? (read responses; check all that apply)

___	Selection

___	Set-up

___	Use

___	Maintenance

___	Hands on with equipment

___	Classroom

	c. Are the training records present and available for review?

CA provider may examine documentation (certificates, dates, places) to determine whether or not the spray technicians have been properly trained (meaning they have been trained in all 6 areas listed in question B2(b) above).

	___	All technicians have been properly trained.

___	Some (but not all) technicians have been properly trained

___	None of the technicians has been properly trained

___	Records not available

SECTION C: AIR POLLUTANTS

When we walk through the shop, it would be helpful if you could show me your spray guns.

C1.  	a.  Does your shop have a spray booth?

	___	Yes

	___	No ( Skip to C2

b. Are ALL spray coatings applied in the spray booth?

	___	Yes

	___	No

___ 	Don’t know

c. When did your shop first begin using this spray booth to apply coatings? (read responses)

___ 	Less than 2 years

___	2-5 years ago

___	More than 5 years ago

___	Don’t know

C2.	a.  Is the spray booth ventilated with an exhaust fan?

___	Yes, spray booth is ventilated

___	No, spray booth is NOT ventilated ( Skip to C3

___	Don’t know ( Skip to C3

b. 	Do you know the capture efficiency rating of your booth exhaust system?

___	% Capture efficiency (list numerical value)

	___	Don’t know

c.	Is the documentation related to the capture efficiency of your booth exhaust system present and available for review?

If respondent is unsure, note that this information would typically be found on the filter package or provided by the distributor.  CA provider may review documentation to determine the capture efficiency:

	___	% Capture efficiency (list numerical value)

	___	Cannot find it

d. 	When was this booth exhaust system first used at your shop? (read responses)

___ 	Less than 2 years ago

___	2-5 years ago

___	More than 5 years ago

___	Don’t know

	When we walk through the shop, it would be helpful if you could show me your spray booth and exhaust system.

C3.  	a. Do you have a separate paint mixing room?

___	Yes

	___	No ( Skip to C4

b. When did your shop first begin using this mixing room? (read responses)

___ 	Less than 2 years

___	2-5 years ago

___	More than 5 years ago

___	Don’t know

C4.	a. Do you have a prep station where coatings are applied on vehicle components?

___	Yes

	___	No ( Skip to C5

b.  When did your shop first begin using this prep station?  (read responses)

___ 	Less than 2 years

___	2-5 years ago

___	More than 5 years ago

___	Don’t know

When we walk through the shop, it would be helpful if you could show me the mixing room and/or the prep station.

C5.	a. 	How do technicians at your shop typically clean the spray guns?

	___	Use a fully enclosed spray gun washer

	___	Use a fully enclosed spray gun washer and occasionally disassemble and clean by

		hands

	___	Flush with solvent (but don’t spray)

	___	Spray coatings and/or solvent through the gun

	___	Clean disassembled gun by hand or through mechanical methods

	___	Other (specify) ____________________________________________________

b.  	When was this spray gun cleaning approach first used at your shop?

___ 	Less than 2 years ago

___	2-5 years ago

___	More than 5 years ago

___	Don’t know

When we walk through the shop, it would be helpful if you could show me the gun cleaning area and operations.

C6.	Do you use waterborne paints?

___ 	Yes

___ 	No( Skip C8

___	Don’t know( Skip C8

C7. 	Do you use waterborne paints for your: (read responses)

___ 	Basecoat

___	Primer

___	Other (specify)	____________________________________________________

C8. 	On average, about how many gallons of each of the following coatings are applied in your shop each week?

	Basecoat:	_______ gallons	_______ don’t know

	Primer:	_______ gallons	_______ don’t know

	Topcoat:	_______ gallons	_______ don’t know

	Total Estimate: ________gallons	_______don’t know

C9.	Who is your primary supplier of paint coating products?

	Supplier: ________________________________________________________________

Would you please provide contact information for that supplier?  We are asking because we would like to partner with the suppliers to provide compliance assistance in the future.

Contact Information: _______________________________________________________

C10.	Does your shop have Material Safety Data Sheets (MSDS) and coating formulation data supplied by the manufacturer for the solvents and coatings that you use?  Is this documentation present and available for review?

CA provider observes documentation and records whether or not it is sufficient.  If no physical documentation is available, CA provider will confirm if shop uses a color matching computer technology on-site that has formulation data in it, and if so, ask to see data.

___	Yes, documentation available for all solvents and coatings

___	Documentation available for some solvents and coatings, but not all

___	Documentation not available for any solvents or coatings

___	Don’t know

C11.	Do the coatings used by your shop contain any of the following hazardous air pollutants: chromium, lead, cadmium, nickel, or manganese (includes compounds of these metals)?

	___	Yes

	___	No

	___	Don’t know

C12.	a. Do you use chemical products for paint stripping tasks?

	___	Yes

___	No ( Skip C13

___ 	Don’t Know

b. What chemical products do you use for paint stripping?

List Products: ________________________________________________________________

c. Have you checked these products for the presence of Methylene Chloride?

___	Yes

___ 	No

___	Don’t know

[e.g. StripRDry, Booth Floor Stripper both made by CMA Philadelphia, both contain MeCl]

	When we walk through the shop, it would be helpful if you could show me the products.

C13.	 May I please see records related to your shop’s methylene chloride usage?

	CA provider examines documentation and records annual usage:

______ 	Gallons per year (as supported by documentation)

______	Don’t know; no documentation

C14.	Does your shop have a minimization plan for use of MeCl?  Could I take a look at it?

CA provider examines documentation and determines whether or not a plan exists:

___	Yes, shop has minimization plan

___	No, shop does not have minimization plan

C15.	Have you heard of EPA regulations related to spray painting operations or paint stripping?

___	Yes

	___	No ( Skip to D1

C16.	When did you first hear of these regulations?

	_____________ Year

_____________ Month

	_____________ Don’t know

C17.	How did you first hear about the regulations, from a... (Read list of sources)

Sources:

Circle all that apply	For each circled source, ask:  Who provided this information?

Then check off provider from list below for that source.

Do not read the list of providers.

	EPA	State	Supplier/vendor	Other auto body shops	Trade Ass’n	Local Gov’t	OSHA	Don’t Know

Shop Visit

DVD

CD

Post Card

Fact Sheet

Website

Workshop

Another source

If another source, specify: ________________________________________________________

SECTION D: RCRA GENERATOR AND WASTE DETERMINATION

D1.	About how much hazardous waste does your shop generate each month? (read options)

	___	0 - 26 gal/mo (VSQG or equivalent)

	___	27-270 gal/mo (SQG)

	___	>270 gal/mo (LQG)

	___	Don't know or your waste hauler handles that for you

	When we walk through the shop, it would be helpful if you could show me the hazardous waste storage area.

D2. 	Is the documentation related to shipping these wastes off site present and available for review?

CA provider should review documentation if the answer to D1 above is “don’t know.”

	___ 	Yes

___ 	No

___ 	Don’t know

When we walk through the shop, it would be helpful if you could show me where used rags and towels are stored.

D3.	Do you treat the following as hazardous wastes:  (read list of waste streams)

Waste streams:

	For each waste stream, check off relevant response:

	Yes	No	Don’t Know	Not Applicable (i.e., this waste stream isn’t generated at all)

Solvents

Paints

Sand blast debris

Use rags

Spray booth filters

Antifreeze

Waste oil

Another hazardous waste stream

If other, specify: ____________________________________________________

Note: Spent/used booth filters are typically being treated as solid waste.  Advise shops that the only definitive way to know if those are non-hazardous is by testing (TCLP) to determine whether they are characteristic of hazardous waste.

SECTION E: EMERGENCY PROCEDURES (EPCRA)

E1.	Have you implemented emergency procedures in your shop?

	___	Yes

	___	No

___	Don't Know

E2.	Is the documentation related to your emergency procedures present and available for review?

CA provider reviews documentation and determines whether or not emergency procedures are in place:

___ 	Shop has emergency procedures in place

___	Shop does not have emergency procedures in place

	___	Don’t know

Note to CA provider: Emergency procedures can include: The shop posting the current name and telephone number of the emergency coordinator; posting the location of fire extinguishers and spill control material, and if present, fire alarm; posting the telephone number of the fire department, unless the shop has a direct alarm.

SECTION F: COMPLIANCE ASSURANCE

F1. 	How do you obtain information on how to comply with federal and state environmental regulations? (do not read responses; check all that apply)

	___	Coating manufacturers or suppliers

	___	Corporate environmental division

___	Educational institutions (vocational technical school, community college, specialized training center, etc.)

___	Environmental consultant

___	Other auto body shops

___	Local government (town, city, or county)

___	OSHA

___	State environmental agencies

___	Suppliers

___	Trade association

___	U.S. EPA

	___	Other (Specify)________________________________________________

	___	Don’t know

F2.  	Has your shop been inspected or visited by a government environmental or health and safety official within the last six months?

	____	Yes

	____	No ( Skip to F 4

	____	Don’t know ( Skip to F 4

F3.	What type of government official inspected or visited your shop? (check all that apply)

	___	EPA

	___	State

	___	Local government (environmental, health or fire department)

	___	OSHA

	___	Other (specify) ___________________________________________________

	___	Don’t know/Cannot recall

F4.	a. Have you made any changes in the last year in your shop operations (e.g., the type of equipment you use, techniques you use, or training you provide)?

	____	Yes

	____	No ( Skip to F 5

____	Don’t know ( Skip to F 5

b. What changed?

Comment:________________________________________________________________ ______

________________________________________________________________________ ______

c. Why did this change happen?

Comment:________________________________________________________________ ______

________________________________________________________________________ ______

F5.  	Is there any other information about your shop's operations that you'd like to share before we walk through the shop together?  Is there anything that you would like EPA to know or to do related to assistance or inspections or other activities that impact your operations?

Comment:________________________________________________________________ ______

________________________________________________________________________ ______

SECTION G: Walk Through (The order of these questions may have to be rearranged based on the set up of the shop.)

G1.  May I see the spray guns you use? (Check all that apply)

____	HVLP (High Volume Low Pressure)

	____	Electrostatic

	____	Airless spray gun

	____	Air assisted airless

	____	Other (specify) ___________________________________________

	____	Don’t know

Note for CA provider:  If flow is 15-26 cubic feet per minute and PSI at orifice is less than 10 lb per square inch, then likely to be an HVLP spray gun.  Other equivalent high transfer efficiency technology examples include: electrostatic application, airless spray gun, and air-assisted airless guns.

G2.	Verify the Manufacturer of the Spray guns:

	_____________________________________________  Manufacturer

	______________________________________________Manufacturer

	______________________________________________ Manufacturer

	___ Don’t know

G3.	May I see the gun cleaning area, operations?

	CA provider observes cleaning procedures and categorizes cleaning technique:

	___	Use a fully enclosed spray gun washer

	___	Use a fully enclosed spray gun washer and occasionally disassemble and clean by

		hands

___	Flush with solvent (but don’t spray)

	___	Spray coatings and/or solvent through the gun

	___	Clean disassembled gun by hand or through mechanical methods

	___	Other (specify) ____________________________________________________

G4.	May I see your spray booth?

___If no spray booth present, check here and skip to G7.

CA provider performs visual inspection to confirm that spray booths, where coatings are applied to full vehicles, are fully enclosed and ventilated.  Check all that apply:

	___	Spray booth is fully enclosed with a full roof, four complete walls or side curtains

	___	Spray booth is not fully enclosed

	___	Spray booth is ventilated with an exhaust fan

	___	Spray booth is not ventilated with an exhaust fan

___	There is evidence that at least some spray coating occurs outside of a spray booth

G5.	May I see the particle filter on the spray booth exhaust?

CA provider performs visual inspection of pipe and filter and determines whether or not there is a particle filter on the exhaust:

___	Yes, the station has a particle filter

___	No, the station does not have a particle filter

___	Not sure

Note to CA provider: you may see a wall fan and small box with filter.

G6.	Is the particulate filter in good condition?  Look for rips or gaps in the particulate filters; check to see if the filters appear to be clogged with paint residue or dust.

	CA provider records condition of particulate filters:

	___	Good condition

	___	Fair condition

	___ 	Poor condition

	___	Don’t know

 If the filters are not in good condition, CA Provider should ask the shop to revisit manufacturer’s recommendation.

G7.	May I see your mixing room?

___If no mixing room present, check here and skip to G8.

CA provider performs visual inspection to confirm that mixing room is enclosed and ventilated.  Check all that apply:

___	Mixing room is enclosed with a full roof and at least three complete walls or side curtains

___ 	Mixing room is not enclosed as described above

___	Can’t tell if mixing room is enclosed

	___	Mixing room is ventilated with an exhaust fan

	___	Mixing room is not ventilated with an exhaust fan

 	___ 	Can’t tell if mixing room is ventilated

G8.	May I see your prep station?

___If no prep station present, check here and skip to G9.

CA provider performs visual inspection to confirm that prep station is enclosed and ventilated.  Check all that apply:

___	Prep station is enclosed with a full roof and at least three complete walls or side curtains

___ 	Prep station is not enclosed

___	Can’t tell if prep station is enclosed

	___	Prep station is ventilated with an exhaust fan

 	___ 	Prep station is not ventilated

___	Can’t tell if prep station is ventilated

G9.	May I see the products you use for paint stripping?

	Examine products for ingredients with methylene chloride.

	___	Yes, products with methylene chloride are used

	___	No, products with methylene chloride are not used

___	Don't know/can’t tell

G10.	May I see your hazardous waste storage area?

CA Provider: Are all hazardous waste containers properly labeled with the words “hazardous waste” and clearly marked with the date on which accumulation began?

___	Yes

___	No

___	Don’t know

Note: CA provider will use best professional judgment to determine what is “clear” and “legible” and whether the shop made a “genuine and complete effort” to meet this requirement.

G11.	CA Provider: What is the earliest date that accumulation began in any of the drums?

__________________  	Month/year of earliest beginning accumulation date

__________________	Not sure / Drums poorly labeled

Note to CA provider: No storage limits for VSQGs; SQGs has a <4400lbs & 180 day limit, body shops are not expected to be LQGs.

G12.	CA Provider: Are all hazardous waste containers closed unless waste is being added or removed?

___	Yes

___	No

___	Don’t know

Note: “closed” means that if the containers were tipped, nothing would spill. “Funnels” are acceptable if they are closed.

G13.	CA Provider: Approximately how much hazardous waste is currently on site ( excluding waste in satellite accumulation areas)?

	_________________	Gallons of hazardous waste (approximate)

	_________________	Not sure / Drums poorly labeled

G14.	Can you please show me where you store used absorbent paint applicators such as shop rags and towels?

CA provider: are the containers closed when not in use?

____	Yes, containers are closed

____	No, containers are not closed

____     Don’t use rags, towels

____	Don’t know

G15.	Is there any indication of spills in or near the shop?   CA provider will check for stains on the ground and in and around manholes, leaking tanks and containers and/or pooled liquids.

___	Yes

___	No

___	Comment _____________________________________________________________

G16.	Does the shop appear to be operating in such a way as to violate the CAA 112(r)(1) general duty clause – namely:  “The owners and operators of stationary sources producing, processing, handling or storing [a chemical in 40 CFR Part 68 or any other extremely hazardous substance] have a general duty [in the same manner and to the same extent as he general duty clause in the Occupational Safety and Health Act (OSHA)], to identify hazards which may result from... releases using appropriate hazard assessment techniques, to design and maintain a safe shop taking such steps as are necessary to prevent releases, and to minimize the consequences of accidental releases which do occur.”

___	Yes, shop appears to violate clause

___	No, shop does not appear to violate clause

___	Undetermined

Thank you for your time.

	Provide site visit debrief and compliance assistance

Appendix C, Page   PAGE  1

Appendix C, Page   PAGE  1

KEY:

Boldface Font – Spoken question

Normal Font – Site visit record/contacts and response options

Italics – Instruction for compliance assistance provider (not spoken)


[Federal Register Volume 80, Number 127 (Thursday, July 2, 2015)]
[Rules and Regulations]
[Pages 37980-37982]
[FR Doc No: 2015-16353]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0506]
RIN 1625-AA00

Safety Zone; Erie Boom on the Bay Fireworks Display; Presque Isle
Bay, Erie, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on
Lake Erie, Presque Isle Bay, Erie, PA. This safety zone is intended to
restrict vessels from a portion of Presque Isle Bay during the Erie
Boom on the Bay fireworks display. This temporary safety zone is
necessary to protect mariners and vessels from the navigational hazards
associated with a fireworks display.

DATES: This rule will be effective from 9:30 p.m. until 10:30 p.m. on
July 4, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2015-0506]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LTJG Amanda Garcia, Chief of Waterways Management, U.S.
Coast Guard Sector Buffalo; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing
the docket, call Ms. Cheryl Collins, Program Manager, Docket
Operations, telephone<PHONE_NUMBER> or 1-800-647-5527.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable and
contrary to the public interest. The final details for this event were
not known to the Coast Guard until there was insufficient time
remaining before the event to publish an NPRM. Thus, delaying the
effective date of this rule to wait for a comment period to run would
be impracticable and contrary to the public interest because it would
inhibit the

Coast Guard's ability to protect spectators and vessels from the
hazards associated with a maritime fireworks display. Therefore, under
5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for
making this temporary rule effective less than 30 days after
publication in the Federal Register. For the same reasons discussed
above, waiting for a 30 day notice period to run would be impracticable
and contrary to the public interest.

B. Basis and Purpose

    The legal basis and authorities for this rule are found in 33
U.S.C. 1231, 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Public Law 107-295, 116 Stat.
2064; and Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to establish and define
regulatory safety zones.
    Between 9:30 p.m. and 10:30 p.m. on July 4, 2015, a fireworks
display will be held on the shoreline of Lake Erie, Presque Isle Bay in
Erie, PA. It is anticipated that numerous vessels will be in the
immediate vicinity of the launch point. The Captain of the Port Buffalo
has determined that such a launch proximate to a gathering of
watercraft pose a significant risk to public safety and property. Such
hazards include premature and accidental detonations, dangerous
projectiles, and falling or burning debris.

C. Discussion of the Final Rule

    With the aforementioned hazards in mind, the Captain of the Port
Buffalo has determined that this temporary safety zone is necessary to
ensure the safety of spectators and vessels during the Erie Boom on the
Bay fireworks display. This zone will be enforced from 9:30 p.m. until
10:30 p.m. on July 4, 2015. This zone will encompass all waters of Lake
Erie; Presque Isle Bay, Erie, PA within a 400-foot radius of position
42[deg]8'20'' N. and 080[deg]5'29'' W. (NAD 83).
    Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port Buffalo or his
designated on-scene representative. The Captain of the Port or his
designated on-scene representative may be contacted via VHF Channel 16.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    We conclude that this rule is not a significant regulatory action
because we anticipate that it will have minimal impact on the economy,
will not interfere with other agencies, will not adversely alter the
budget of any grant or loan recipients, and will not raise any novel
legal or policy issues. The safety zone created by this rule will be
relatively small and enforced for a relatively short time. Also, the
safety zone is designed to minimize its impact on navigable waters.
Furthermore, the safety zone has been designed to allow vessels to
transit around it. Thus, restrictions on vessel movement within that
particular area are expected to be minimal. Under certain conditions,
moreover, vessels may still transit through the safety zone when
permitted by the Captain of the Port.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this rule on small entities. 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.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not
have a significant economic impact on a substantial number of small
entities. This rule will affect the following entities, some of which
might be small entities: The owners or operators of vessels intending
to transit or anchor in a portion of Presque Isle Bay on the evening of
July 4, 2015.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
safety zone would be effective, and thus subject to enforcement, for
only 60 minutes late in the day. Traffic may be allowed to pass through
the zone with the permission of the Captain of the Port. The Captain of
the Port can be reached via VHF channel 16. Before the enforcement of
the zone, we would issue local Broadcast Notice to Mariners.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this 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 above.
    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.

4. 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).

5. Federalism

    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 determined
that this rule does not have implications for federalism.

6. 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.

7. 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.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

11. Indian Tribal Governments

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

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have 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 the establishment of a safety zone and,
therefore 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.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR parts 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; 46 U.S.C. Chapters 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

Sec.  165.T09-0506   Safety Zone; Erie Boom on the Bay Fireworks
Display; Presque Isle Bay, Erie, PA.

    (a) Location. This zone will encompass all waters of Lake Erie,
Presque Isle Bay; Erie, PA within a 400-footradius of position
42[deg]8'20'' N. and 080[deg]5'29'' W. (NAD 83).
    (b) Enforcement period. This regulation will be enforced on July 4,
2015 from 9:30 p.m. until 10:30 p.m.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into, transiting, or anchoring within
this safety zone is prohibited unless authorized by the Captain of the
Port Buffalo or his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Buffalo or his designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port
Buffalo is any Coast Guard commissioned, warrant or petty officer who
has been designated by the Captain of the Port Buffalo to act on his
behalf.
    (4) Vessel operators desiring to enter or operate within the safety
zone must contact the Captain of the Port Buffalo or his on-scene
representative to obtain permission to do so. The Captain of the Port
Buffalo or his on-scene representative may be contacted via VHF Channel
16. Vessel operators given permission to enter or operate in the safety
zone must comply with all directions given to them by the Captain of
the Port Buffalo, or his on-scene representative.

    Dated: June 15, 2015.
B.W. Roche,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2015-16353 Filed 7-1-15; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 213 (Tuesday, November 4, 2014)]
[Notices]
[Pages 65477-65478]
[FR Doc No: 2014-26086]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Pipeline Safety: Renewal Requests for Special Permit

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

ACTION: This Notice pertains to the renewal of special permits with the
following docket numbers:

PHMSA-2007-29078 Kern River Gas Transmission Company
PHMSA-2009-0319 Kern River Gas Transmission Company
PHMSA-2008-0066 Columbia Gulf Transmission LLC
PHMSA-2008-0330 Columbia Gulf Transmission LLC
PHMSA-2008-0331 Columbia Gas Transmission LLC
PHMSA-2008-0345 Columbia Gas Transmission LLC
-----------------------------------------------------------------------

SUMMARY: Pursuant to the Federal pipeline safety laws, PHMSA is
publishing this notice of special permit renewal requests that we have
received from two natural gas transmission pipeline operators, seeking
relief from compliance with certain requirements in the Federal
pipeline safety regulations. This notice seeks public comments on these
requests, including comments on any safety or environmental impacts the
renewal of these permits would have. For each listed Special Permit
renewal request, an Environmental Assessment is also available for
review and comment. At the conclusion of the 30-day comment period,
PHMSA will evaluate the comments and the technical analysis of the
renewal requests, to determine whether to grant or deny the renewals.

DATES: Submit any comments regarding these special permit requests by
December 4, 2014.

ADDRESSES: Comments should reference the specific docket number for
which the comment applies. Comments may be submitted in the following
ways:
     At the E-Gov Web site: http://www.Regulations.gov. This
site allows the public to enter comments on any Federal Register notice
issued by any agency.
     By Mail: Docket Management System: U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.
     By Hand Delivery: DOT Docket Management System: U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC
20590 between 9:00 a.m. and 5:00 p.m., Monday through Friday, except
Federal holidays.
    Instructions: At the beginning of your comments, please identify
the docket number for the special permit renewal request you are
commenting on. If you submit your comments by mail, please submit two
copies. To receive confirmation that PHMSA has received your comments,
please include a self-addressed stamped postcard. Internet users may
submit comments at http://www.Regulations.gov.

    Note: Please read the privacy statement published on http://www.Regulations.gov. Comments, including any personal information
provided, are posted without changes or edits to http://www.Regulations.gov.

Contacts for General or Technical Information

    General: Kay McIver by telephone at<PHONE_NUMBER>; or, email at
<EMAIL_ADDRESS>    Technical: Steve Nanney by telephone at<PHONE_NUMBER>; or, email
at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    PHMSA has received the following special permit renewal requests
from two pipeline operators who seek relief from compliance with
certain federal pipeline safety regulations. Each request includes a
technical analysis provided by the respective operator, and filed under
the original issued special permit number in the Federal Docket
Management System (FDMS) at http://www.Regulations.gov. PHMSA invites
interested persons to participate by reviewing these special permit
renewal requests by submitting written comments, data or other views in
the FDMS. Please include comments on any potential environmental
impacts that may result if these special permit renewals are granted.
    Details of Special Permit renewals received:

--------------------------------------------------------------------------------------------------------------------------------------------------------
              Docket No.                        Requesters           Regulations affected                      Nature of special permit
--------------------------------------------------------------------------------------------------------------------------------------------------------
PHMSA-2007-29078......................  Kern River Gas             49 49 CFR 192.111,        To reauthorize Kern River Gas Transmission Company to
                                         Transmission Company.      192.201, 192.505, and     continue its operation as defined in the original Special
                                                                    192.619.                  Permit issued on March 29, 2010, to operate up to a MAOP
                                                                                based upon 80 percent of specified minimum yield strength
                                                                                (SMYS) in Class 1 locations, 67 percent SMYS in Class 2
                                                                                locations, and 56 percent of SMYS Class 3 locations of the
                                                                                pipeline system. The Special Permit renewal request seeks
                                                                                to waive compliance from certain Federal regulations found
                                                                                in 49 CFR 192.111, 192.201, 192.505 and 192.619. For the
                                                                                purposes of this Special Permit, the Kern River pipeline
                                                                                system means pipeline facilities beginning at the
                                                                                discharges of the Muddy Creek and Painter compressor
                                                                                stations, and at the Anschutz meter in Lincoln County,
                                                                                Wyoming, routed through Utah and Nevada, to the outlet
                                                                                side of the Daggett meter station located in San
                                                                                Bernardino County, California where it interconnects with
                                                                                the Mojave Pipeline. The Kern River pipeline system
                                                                                consists of 682 miles of a 36-inch diameter mainline, 635
                                                                                miles of 36-inch diameter loop lines, 10 compressor
                                                                                stations, 48 meter stations, six (6) receipt laterals, and
                                                                                seven (7) delivery laterals.
PHMSA-2009-0319.......................  Kern River Gas             49 CFR 192.625(b).......  To reauthorize Kern River Gas Transmission Company to
                                         Transmission Company.                                continue its operation as defined in the original Special
                                                                                Permit issued on March 19, 2010, for non-odorization of a
                                                                                pipeline lateral. The Special Permit renewal request seeks
                                                                                to waive compliance from certain Federal regulations found
                                                                                in 49 CFR 192.625(b) for the continued non-odorized
                                                                                operation of a 1,083 foot section of Kern River's
                                                                                Centennial Lateral, a 12-inch natural gas pipeline which
                                                                                operates at a MAOP of 1,333 psig. The Centennial Lateral
                                                                                main line tap valve is located on a corner lot near the
                                                                                intersection of Centennial Parkway and North 5th Street in
                                                                                Clark County, Nevada.
PHMSA-2008-0066.......................  Columbia Gulf              49 CFR 192.611(a).......  To reauthorize Columbia Gulf to continue its operation as
                                         Transmission LLC, Owned                              defined in the original Special Permit issued on March 2,
                                         and operated by NiSource                             2010, for a Class 1 to Class 3 location change, where the
                                         Gas Transmission and                                 population density has increased along the pipeline route.
                                         Storage (NGT&S).                                     The Special Permit renewal request seeks to waive
                                                                                compliance from certain Federal regulations found in 49
                                                                                CFR 192.611(a) for three sections and nine total segments
                                                                                of the 30-inch Mainline 100, the 30-inch Mainline 200, and
                                                                                the 36-inch Mainline 300 pipelines located in Williamson
                                                                                and Davidson Counties in the State of Tennessee. The
                                                                                segments would continue to operate at their existing
                                                                                Maximum Allowable Operating Pressure (MAOP) of 935 psig
                                                                                for the 30-inch Mainline 100 and a MAOP of 1008 psig and
                                                                                design factor of 0.72 in a Class 3 location for both of
                                                                                the 30-inch Mainline 200 and the 36-inch Mainline 300
                                                                                pipelines.
PHMSA-2008-0330.......................  Columbia Gulf              49 CFR 192.611(a).......  To reauthorize Columbia Gulf to continue its operation as
                                         Transmission LLC, Owned                              defined in the original Special Permit issued on April 13,
                                         and operated by NiSource                             2010, for a Class 1 to Class 3 location change where the
                                         Gas Transmission and                                 population density has increased along the pipeline route.
                                         Storage (NGT&S).                                     The Special Permit renewal request seeks to waive
                                                                                compliance from certain Federal regulations found in 49
                                                                                CFR 192.611(a) for two natural gas transmission pipeline
                                                                                segments on the 30-inch Mainline 200 and the 36-inch
                                                                                Mainline 300 pipelines located in the Mt. Juliet area, in
                                                                                Wilson County, Tennessee. The Special Permit allows
                                                                                Columbia Gulf to continue to operate each special permit
                                                                                segment at its current MAOP of 1,008 psig and design
                                                                                factor of 0.72 in a Class 3 location for the 30-inch
                                                                                Mainline 200 and the 36-inch Mainline 300 pipelines.
PHMSA-2008-0331.......................  Columbia Gas Transmission  49 CFR 192.611(a).......  To reauthorize Columbia Gas to continue its operation as
                                         LLC, Owned and operated                              defined in the original Special Permit issued on April 13,
                                         by NiSource Gas                                      2010, for a Class 1 to Class 3 location change where the
                                         Transmission and Storage                             population density has increased along the pipeline route.
                                         (NGT&S)..                                            The Special Permit renewal request seeks to waive
                                                                                compliance from certain Federal regulations found in 49
                                                                                CFR 192.611(a) for six natural gas pipeline segments on
                                                                                the 30-inch SM-80 and SM-80 Loop pipelines located in
                                                                                Putnam and Cabell Counties of West Virginia. Granting a
                                                                                renewal of the Special Permit would allow Columbia Gas to
                                                                                continue to operate the Special Permit segments at the
                                                                                current MAOP of 935 psig and design factor of 0.72 in a
                                                                                Class 3 location for both of the pipelines.
PHMSA-2008-0345.......................  Columbia Gas Transmission  49 CFR 192.611(a).......  To reauthorize Columbia Gas to continue its operation as
                                         LLC, Owned and operated                              defined in the original Special Permit issued on April 13,
                                         by NiSource Gas                                      2010, for a Class 1 to Class 3 location change where the
                                         Transmission and Storage                             population density has increased along the pipeline route.
                                         (NGT&S)..                                            The Special Permit renewal request seeks to waive
                                                                                compliance from certain Federal regulations found in 49
                                                                                CFR 192.611(a) for three natural gas transmission pipeline
                                                                                segments on the 24-inch R-701 pipeline located in Lawrence
                                                                                County, Ohio. Renewal of the class change Special Permit
                                                                                would allow Columbia Gas to continue to operate the
                                                                                Special Permit segments at the current MAOP of 900 psig
                                                                                and design factor of 0.72 in a Class 3 location.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Before acting on the special permit renewal requests, PHMSA will
evaluate all comments received on or before the comments closing date.
PHMSA will consider each relevant comment received in its decision to
grant or deny the renewal requests. Comments will be evaluated after
this date only if it is possible to do so without incurring additional
expense or delay.

    Authority:  49 U.S.C. 60118 (c)(1) and 49 CFR 1.53.

    Issued in Washington, DC, on October 29, 2014.
Jeffrey D. Wiese,
Associate Administrator for Pipeline Safety.
[FR Doc. 2014-26086 Filed 11-3-14; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register Volume 84, Number 92 (Monday, May 13, 2019)]
[Proposed Rules]
[Pages 20825-20827]
[FR Doc No: 2019-09821]

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

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0212]
RIN 1625-AA00

Safety Zone; Tall Ships Challenge Great Lakes 2019, Buffalo, NY,
Cleveland, OH, Bay City, MI, Green Bay, WI, Sturgeon Bay, WI, Kenosha,
WI and Erie, PA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to create safety zones around each
tall ship visiting the Great Lakes during the Tall Ships Challenge 2019
race series. These safety zones will provide for the regulation of
vessel traffic in the vicinity of each tall ship in the navigable
waters of the United States. The Coast Guard is taking this action to
safeguard participants and spectators from the hazards associated with
the limited maneuverability of these tall ships and to ensure public
safety during tall ships events. We invite your comments on this
proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before June 12, 2019.

ADDRESSES: You may submit comments identified by docket number USCG-
2019-0212 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email LT Jason Radcliffe, 9th District
Waterways Management, U.S. Coast Guard; 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
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    During the Tall Ships Challenge Great Lakes 2019, tall ships will
be participating in maritime parades, training cruises, races, and
mooring in the harbors of Buffalo, NY, Cleveland, OH, Bay City, MI,
Green Bay, WI, Sturgeon Bay, WI, Kenosha, WI and Erie, PA. This is a
tri-annual event that teaches character building and leadership through
sail training. The Tall Ships event seeks to educate the public about
both the historical aspects of sailing ships as well as their current
use as training vessels for students. Tall ships are large,
traditionally-rigged sailing vessels. The event will consist of
festivals at each port of call, sail training cruises, tall ship
parades, and races between the ports. More information regarding the
Tall Ships Challenge 2019 and the participating vessels can be found
at: https://tallshipsnetwork.com/series/tall-ships-challenge-great-lakes-2019/.
    At 12:01 a.m. June 28, 2019, a safety zone will be established
around each tall ship participating in this event. The safety zone
around each ship will remain in effect as the tall ships travel
throughout the Great Lakes. The safety zones will terminate at 12:01
a.m. on September 2, 2019.
    These safety zones are necessary to protect the tall ships from
potential harm and to protect the public from the hazards associated
with the limited maneuverability of tall sailing ships. When operating
under sail, they require a substantial crew to manually turn the rudder
and adjust the sails, therefore they cannot react as quickly as modern
ships. Additionally, during parades of sail, the tall ships will be
following a set course through a crowded harbor, and it is imperative
that spectator craft stay clear since maneuvering the tall ships to
avoid large crowds of spectator craft would not be possible. Due to the
high profile nature and extensive publicity associated with this event,
each Captain of the Port (COTP) expects a large number of spectators in
confined areas adjacent to the tall ships. The combination of large
numbers of recreational boaters, congested waterways, boaters crossing
commercially transited waterways and low maneuverability of the tall
ships could easily result in serious injuries or fatalities. Therefore,
the Coast Guard will enforce a safety zone around each

ship to ensure the safety of both participants and spectators in these
areas. The Coast Guard is proposing this rulemaking under authority in
46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Department of Homeland Security Delegation No. 0170.1.

III. Discussion of Proposed Rule

    The Coast Guard proposes to establish safety zones from 12:01 a.m.
on June 28, 2019 until 12:01 a.m. on September 2, 2019. The safety
zones would cover all navigable waters within 100 yards of a tall ship
in the Great Lakes. The duration of the zone is intended to ensure the
safety of vessels and these navigable waters during the 2019 Tall Ships
Challenge. No vessel or person would be permitted to enter the safety
zone without obtaining permission from the COTP or a designated
representative. If the tall ships are operating in a confined area such
as a small harbor and there is not adequate room for vessels to stay
out of the safety zone because of a lack of navigable water, then
vessels will be permitted to operate within the safety zone and shall
travel at the minimum speed necessary to maintain a safe course. The
navigation rules shall apply at all times within the safety zone. The
regulatory text we are proposing appears at the end of this document.

IV. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM 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.
    This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. Vessel traffic
would be able to safely transit around this safety zone or through it
at slow speed in congested areas. Moreover, the Coast Guard would issue
a Broadcast Notice to Mariners via VHF-FM marine channel 16 about the
zone, and the rule would allow vessels to seek permission to enter the
zone.

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
safety zone may be small entities, for the reasons stated in section
IV.A above, 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 Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule 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 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 Directive 023-01 and Commandant Instruction M16475.1D, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary
determination that this action is one of a category of actions that do
not individually or cumulatively have a significant effect on the human
environment. This proposed rule involves a safety zone lasting more
than one week. Normally such actions are categorically excluded from
further review under paragraph L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 01. A preliminary Record of
Environmental Consideration supporting this determination 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.
    We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

List of Subjects in 33 CFR Part 165

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

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

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

    Authority: 46 U.S.C. 70034, 70051; 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.T09-0073 to read as follows:

Sec.  165.T09-0073  Safety Zone; Tall Ships Challenge Great Lakes 2019;
Buffalo, NY, Cleveland, OH, Bay City, MI, Green Bay, WI, Sturgeon Bay,
WI, Kenosha, WI and Erie, PA.

    (a) Definitions. The following definitions apply to this section:
    (1) Navigation rules means the Navigation Rules, International and
Inland (See, 1972 COLREGS and 33 U.S.C. 2001 et seq.).
    (2) Official patrol means those persons designated by Captain of
the Port Buffalo, Detroit, Sault Ste. Marie, Duluth and Lake Michigan
to monitor a tall ship safety zone, permit entry into the zone, give
legally enforceable orders to persons or vessels within the zone, and
take other actions authorized by the cognizant Captain of the Port.
    (3) Public vessel means vessels owned, chartered, or operated by
the United States or by a State or political subdivision thereof.
    (4) Tall ship means any sailing vessel participating in the Tall
Ships Challenge 2019 in the Great Lakes.
    (b) Location. The following areas are safety zones: All navigable
waters of the United States located in the Ninth Coast Guard District
within a 100 yard radius of any tall ship.
    (c) Regulations.
    (1) No person or vessel is allowed within the safety zone unless
authorized by the cognizant Captain of the Port, their designated
representative, or the on-scene official patrol.
    (2) Persons or vessels operating within a confined harbor or
channel, where there is not sufficient navigable water outside of the
safety zone to safely maneuver are allowed to operate within the safety
zone and shall travel at the minimum speed necessary to maintain a safe
course. Vessels operating within the safety zone shall not come within
25 yards of a tall ship unless authorized by the cognizant Captain of
the Port, their designated representative, or the on-scene official
patrol.
    (3) When a tall ship approaches any vessel that is moored or
anchored, the stationary vessel must stay moored or anchored while it
remains within the tall ship's safety zone unless ordered by or given
permission from the cognizant Captain of the Port, their designated
representative, or the on-scene official patrol to do otherwise.
    (d) Effective period. This rule is effective from 12:01 a.m. on
Wednesday, June 28, 2019 through 12:01 a.m. on Monday September 2,
2019.
    (e) Navigation Rules. The Navigation Rules shall apply at all times
within a tall ships safety zone.

    Dated: May 8, 2019.
J.M. Nunan,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2019-09821 Filed 5-10-19; 8:45 am]
BILLING CODE 9110-04-P