[Federal Register Volume 87, Number 57 (Thursday, March 24, 2022)]
[Proposed Rules]
[Pages 16670-16672]
[FR Doc No: 2022-06063]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-0244; Airspace Docket No. 19-AAL-48]
RIN 2120-AA66

Proposed Establishment of United States Area Navigation Route T-
379; Discovery, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to establish United States Area
Navigation (RNAV) route T-379 in the vicinity of Discovery, AK in
support of a large and comprehensive T-route modernization project for
the state of Alaska.

DATES: Comments must be received on or before May 9, 2022.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West
Building

Ground Floor, Room W12-140, Washington, DC 20590; telephone: (800) 647-
5527, or<PHONE_NUMBER>. You must identify FAA Docket No. FAA-2022-
0244; Airspace Docket No 19-AAL-48 at the beginning of your comments.
You may also submit comments through the internet at https://www.regulations.gov.
    FAA Order JO 7400.11F, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Rules and Regulations Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Christopher McMullin, Rules and
Regulations Group, Office of Policy, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it would expand the availability of RNAV in Alaska and
improve the efficient flow of air traffic within the National Airspace
System (NAS) by lessoning the dependency on ground based navigation.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA-2022-0244; Airspace Docket No. 19-AAL-48) and be submitted in
triplicate to the Docket Management Facility (see ADDRESSES section for
address and phone number). You may also submit comments through the
internet at https://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to FAA Docket No. FAA-2022-0244; Airspace Docket No. 19-AAL-48.'' The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified comment
closing date will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the comment
closing date. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRM

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

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order JO 7400.11F, Airspace
Designations and Reporting Points, dated August 10, 2021, and effective
September 15, 2021. FAA Order JO 7400.11F is publicly available as
listed in the ADDRESSES section of this document. FAA Order JO 7400.11F
lists Class A, B, C, D, and E airspace areas, air traffic service
routes, and reporting points.

Background

    In 2003, Congress enacted the Vision 100--Century of Aviation
Reauthorization Act (Pub. L. 108-176), which established a joint
planning and development office in the FAA to manage the work related
to the Next Generation Air Transportation System (NextGen). Today,
NextGen is an ongoing FAA-led modernization of the nation's air
transportation system to make flying safer, more efficient, and more
predictable.
    In support of NextGen, this proposal is part of a larger and
comprehensive T-route modernization project in the state of Alaska. The
project mission statement states: ``To modernize Alaska's Air Traffic
Service route structure using satellite based navigation Development of
new T-routes and optimization of existing T-routes will enhance safety,
increase efficiency and access, and will provide enroute continuity
that is not subject to the restrictions associated with ground based
airway navigation.'' As part of this project, the FAA evaluated the
existing Colored airway structure for: (a) Direct replacement (i.e.,
overlay) with a T-route that offers a similar or lower Minimum Enroute
Altitude (MEA) or Global Navigation Satellite System Minimum Enroute
Altitude (GNSS MEA); (b) the replacement of the Colored airway with a
T-route in an optimized but similar geographic area, while retaining
similar or lower MEA; or (c) removal with no route structure (T-route)
restored in that area because the value was determined to be
insignificant.
    The aviation industry/users have indicated a desire for the FAA to
transition the Alaskan en route navigation structure away from
dependency on Non-Directional Beacons (NDB), and move to develop and
improve the RNAV route structure. The primary purpose of this proposal
is to establish a route that provides adequate separation from special
use airspace (SUA) in the area that would also provide connectivity to
other RNAV routes in the area. The current route structure provides
navigation for pilots with adequate separation from Stoney Military
Operations Area (MOA) and Naknek MOA, but forces pilots to navigate
between VHF Omnidirectional Radar/Distance Measuring Equipment (VOR/
DME) navigational aid (NAVAIDs) and prolongs the flight time to their
destination. The proposed route provide a shorter route around the SUA
and ensure connectivity to RNAV routes T-269 and T-222, as well as a
future route, T-373, that is in the planning phase.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 to establish
RNAV route T-379 in the vicinity of Discovery, AK in support of a large
and comprehensive T-route modernization project in the state of Alaska.
The proposed route is described below.
    T-379: The FAA proposes to establish RNAV route T-379 from a newly
established waypoint (WP), MAYHW, southeast of Bethel, AK to the UTICE
WP, southwest of McGrath, AK.
    United States Area Navigation Routes are published in paragraph
6011 of FAA Order JO 7400.11F dated August 10, 2021 and effective
September 15, 2021, which is incorporated by reference in 14 CFR 71.1.
The RNAV route listed in this document would be published subsequently
in FAA Order JO 7400.11.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.

Regulatory Notices and Analyses

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

Environmental Review

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

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

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

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

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

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

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11F, Airspace Designations and Reporting Points, dated August 10,
2021, and effective September 15, 2021, is amended as follows:

Paragraph 6011 United States Area Navigation Routes.

* * * * *

T-379 MAYHW, AK to UTICE, AK [New]

MAYHW, AK               WP                     (Lat. 59[deg]48'11.94'' N, long. 159[deg]16'08.97'' W)
MUPVE, AK               WP                     (Lat. 60[deg]05'25.37'' N, long. 159[deg]08'14.30'' W)
HIBNA, AK               WP                     (Lat. 60[deg]24'56.24'' N, long. 159[deg]17'15.44'' W)
JEKBO, AK               WP                     (Lat. 60[deg]40'19.55'' N, long. 159[deg]01'38.87'' W)
JEBDA, AK               WP                     (Lat. 61[deg]20'23.35'' N, long. 158[deg]40'34.12'' W)
AMEDE, AK               WP                     (Lat. 61[deg]34'17.31'' N, long. 158[deg]25'46.86'' W)
ZARUM, AK               WP                     (Lat. 61[deg]41'59.81'' N, long. 158[deg]20'27.59'' W)
TIRIE, AK               WP                     (Lat. 61[deg]54'19.63'' N, long. 158[deg]14'19.53'' W)
UTICE, AK               WP                     (Lat. 62[deg]18'35.36'' N, long. 157[deg]37'56.78'' W)

* * * * *

    Issued in Washington, DC, on March 17, 2022.
Scott M. Rosenbloom,
Manager, Airspace Rules and Regulations.
[FR Doc. 2022-06063 Filed 3-23-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 194 (Friday, October 5, 2018)]
[Notices]
[Pages 50357-50358]
[FR Doc No: 2018-21744]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #2

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG18-131-000.
    Applicants: Willow Springs Solar, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Willow Springs Solar, LLC.
    Filed Date: 9/28/18.
    Accession Number: 20180928-5135.
    Comments Due: 5 p.m. ET 10/19/18.

    Docket Numbers: EG18-132-000.
    Applicants: Cypress Creek Fund 12 Tenant, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Cypress Creek Fund 12 Tenant, LLC.
    Filed Date: 9/28/18.
    Accession Number: 20180928-5237.
    Comments Due: 5 p.m. ET 10/19/18.

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

    Docket Numbers: ER18-370-001.
    Applicants: Southern California Edison Company.
    Description: Compliance filing: SCE Compliance Filing Amended
Appendix XI to TO Tariff, ER18-370 to be effective 9/1/2018.
    Filed Date: 9/28/18.
    Accession Number: 20180928-5084.
    Comments Due: 5 p.m. ET 10/19/18.

    Docket Numbers: ER18-2448-001.
    Applicants: Robindale Retail Power Services, LLC.
    Description: Tariff Amendment: Addendum to Market-Based Rate Notice
of Change in Status to be effective 9/29/2018.
    Filed Date: 9/28/18.
    Accession Number: 20180928-5183.
    Comments Due: 5 p.m. ET 10/19/18.

    Docket Numbers: ER18-2495-001.
    Applicants: PacifiCorp.
    Description: Tariff Amendment: Amendment to SA 907 Orion Wind E&P
to be effective 9/19/2018.
    Filed Date: 9/28/18.
    Accession Number: 20180928-5087.
    Comments Due: 5 p.m. ET 10/19/18.

    Docket Numbers: ER18-2505-000.
    Applicants: Willow Springs Solar, LLC.
    Description: Sec.  205(d) Rate Filing: Filing of Rattlesnake Shared
Facilities Agreement to be effective 10/14/2018.
    Filed Date: 9/28/18.
    Accession Number: 20180928-5114.
    Comments Due: 5 p.m. ET 10/19/18.

    Docket Numbers: ER18-2506-000.
    Applicants: ISO New England Inc.
    Description: Sec.  205(d) Rate Filing: ISO-NE Filing to Update Eff.
Date of Previously Accepted Revisions to Sec III.14 to be effective 12/
1/2018.
    Filed Date: 9/28/18.
    Accession Number: 20180928-5162.
    Comments Due: 5 p.m. ET 10/19/18.

    Docket Numbers: ER18-2507-000.
    Applicants: Alabama Power Company.
    Description: Sec.  205(d) Rate Filing: OATT Amendment Filing
(Exhibit K-9--remove OVEC from SERTP) to be effective 12/1/2018.
    Filed Date: 9/28/18.
    Accession Number: 20180928-5165.
    Comments Due: 5 p.m. ET 10/19/18.

    Docket Numbers: ER18-2508-000.
    Applicants: Louisville Gas and Electric Company.
    Description: Sec.  205(d) Rate Filing: Att K Appendix 11 Revision
to be effective 12/1/2018.
    Filed Date: 9/28/18.
    Accession Number: 20180928-5169.
    Comments Due: 5 p.m. ET 10/19/18.

    Docket Numbers: ER18-2509-000.
    Applicants: Duke Energy Carolinas, LLC.

    Description: Sec.  205(d) Rate Filing: Joint OATT Amendment: OVEC's
Withdrawal from SERTP to be effective 12/1/2018.
    Filed Date: 9/28/18.
    Accession Number: 20180928-5170.
    Comments Due: 5 p.m. ET 10/19/18.

    Docket Numbers: ER18-2510-000.
    Applicants: The Potomac Edison Company, Mid-Atlantic Interstate
Transmission, LLC.
    Description: Incentive Rate Application for PJM RTEP Project 9A of
The Potomac Edison Company, et al.
    Filed Date: 9/28/18.
    Accession Number: 20180928-5187.
    Comments Due: 5 p.m. ET 10/19/18.

    Docket Numbers: ER18-2511-000.
    Applicants: NorthWestern Corporation.
    Description: Baseline eTariff Filing: New Baseline--NorthWestern
Corporation Market-Based Rate Tariff to be effective 10/1/2018.
    Filed Date: 9/28/18.
    Accession Number: 20180928-5191.
    Comments Due: 5 p.m. ET 10/19/18.

    Docket Numbers: ER18-2512-000.
    Applicants: PacifiCorp.
    Description: Sec.  205(d) Rate Filing: WI Unscheduled Flow
Mitigation Plan Rev 3 to be effective 8/1/2018.
    Filed Date: 9/28/18.
    Accession Number: 20180928-5198.
    Comments Due: 5 p.m. ET 10/19/18.

    Docket Numbers: ER18-2513-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Compliance filing: 2018-09-28_Compliance Filing to
Address Self-Fund EL15-68; EL15-36; ER16-696 to be effective 7/10/2018.
    Filed Date: 9/28/18.
    Accession Number: 20180928-5214.
    Comments Due: 5 p.m. ET 10/19/18.

    Docket Numbers: ER18-2514-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2018-09-28_Attachment FF
Revisions to TMEP to be effective 11/28/2018.
    Filed Date: 9/28/18.
    Accession Number: 20180928-5229.
    Comments Due: 5 p.m. ET 10/19/18.

    Docket Numbers: ER18-2515-000.
    Applicants: NorthWestern Corporation.
    Description: Tariff Cancellation: Cancellation of MBR Tariff under
Tariff ID 28 to be effective 10/1/2018.
    Filed Date: 9/28/18.
    Accession Number: 20180928-5232.
    Comments Due: 5 p.m. ET 10/19/18.

    Docket Numbers: ER18-2516-000.
    Applicants: Willow Springs Solar, LLC.
    Description: Sec.  205(d) Rate Filing: Application for Market-Based
Rate Authority to be effective 10/14/2018.
    Filed Date: 9/28/18.
    Accession Number: 20180928-5233.
    Comments Due: 5 p.m. ET 10/19/18.

    Docket Numbers: ER18-2517-000.
    Applicants: Sunbury Generation LP.
    Description: Sec.  205(d) Rate Filing: Addendum to Market-Based
Rate Notice of Change in Status to be effective 9/29/2018.
    Filed Date: 9/28/18.
    Accession Number: 20180928-5236.
    Comments Due: 5 p.m. ET 10/19/18.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: September 28, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-21744 Filed 10-4-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 184 (Thursday, September 22, 2011)]
[Rules and Regulations]
[Pages 58715-58716]
[FR Doc No: 2011-24348]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.

========================================================================

Federal Register / Vol. 76, No. 184 / Thursday, September 22, 2011 /
Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2011-0623; Airspace Docket No. 11-AEA-15]

Amendment of Class E Airspace; Wrightstown, NJ

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule, technical amendment.

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SUMMARY: This action amends Class E airspace for the Wrightstown, NJ,
area, by changing Allaire Airport to Monmouth Executive Airport,
Belmar, NJ. This action also updates the airspace descriptions to be in
concert with the FAAs aeronautical database.

DATES: Effective date 0901 UTC, December 15, 2011. The Director of the
Federal Register approves this incorporation by reference action under
title 1, Code of Federal Regulations, part 51, subject to the annual
revision of FAA Order 7400.9 and publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Richard Horrocks, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, P.O.
Box 20636, Atlanta, Georgia 30320; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 amends Class E airspace for the Wrightstown, NJ, area at the
request of FAAs Aeronautical Products. Allaire Airport has been renamed
Monmouth Executive Airport, Belmar, NJ. Also, minor changes to the
airspace descriptions are being made for clarity, as well as updating
the geographic coordinates. Accordingly, since this is an
administrative change, and does not affect the boundaries, altitudes,
or operating requirements of the airspace, notice and public procedures
under 5 U.S.C. 553(b) are unnecessary.
    The Class E airspace designations are published in Paragraph 6005
of FAA order 7400.9V, dated August 9, 2011, and effective September 15,
2011, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order.
    The FAA has determined that his regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them, operationally current,
is non-controversial and unlikely to result in adverse or negative
comments. It, therefore, (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a Regulatory Evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part A. Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends controlled airspace for the Wrightstown, NJ, Class E
airspace area.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

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

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

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.9V, Airspace Designations and Reporting
Points, dated August 9, 2011, and effective September 15, 2011, is
amended as follows:

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

* * * * *

AEA NJ E5 Wrightstown, NJ [Amended]

Lakewood, Lakewood Airport, NJ
    (Lat. 40[deg]04'00'' N., long. 74[deg]10'40'' W.)
McGuire AFB, NJ
    (Lat. 40[deg]00'56'' N., long. 74[deg]35'30'' W.)
Robbinsville, Trenton-Robbinsville Airport, NJ
    (Lat. 40[deg]12'50'' N., long. 74[deg]36'06'' W.)
Belmar, Monmouth Executive Airport, NJ
    (Lat. 40[deg]11'12'' N., long. 74[deg]07'28'' W.)
Toms River, Robert J. Miller Airpark, NJ
    (Lat. 39[deg]55'39'' N., long. 74[deg]17'33'' W.)
Lakehurst (Navy) TACAN
    (Lat. 40[deg]02'06'' N., long. 74[deg]21'08'' W.)
Colts Neck VOR/DME
    (Lat. 40[deg]18'41'' N., long. 74[deg]09'35'' W.)
Coyle VORTAC
    (Lat. 39[deg]49'02'' N., long. 74[deg]25'54'' W.)
Robbinsville VORTAC
    (Lat. 40[deg]12'09'' N., long. 74[deg]29'42'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of Lakewood Airport and within a 10.5-mile
radius of McGuire AFB and within an 11.3-mile radius of the
Lakehurst (Navy) TACAN extending clockwise from the TACAN 310[deg]
radial to the 148[deg] radial and within 4.4 miles each side of the
Coyle VORTAC 031[deg] radial extending from the VORTAC to 11.3 miles
northeast and within 2.6 miles southwest and 4.4 miles northeast of
the Lakehurst (Navy) TACAN 148[deg] radial extending from the TACAN
to 12.2 miles southeast and within a 6.4-mile radius of Trenton-
Robbinsville Airport and within 5.7 miles north and 4 miles south of
the Robbinsville VORTAC 278[deg] and 098[deg] radials

extending from 4.8 miles west to 10 miles east of the VORTAC and
within a 6.7-mile radius of Monmouth Executive Airport and within
1.8 miles each side of the Colts Neck VOR/DME 167[deg] radial
extending from the Monmouth Executive Airport 6.7-mile radius to the
VOR/DME and within 4 miles each side of the 312[deg] bearing from
Monmouth Executive airport extending from the 6.7-mile radius of the
airport to 9 miles northwest of the airport and within a 6.5-mile
radius of Robert J. Miller Air Park and within 1.3 miles each side
of the Coyle VORTAC 044[deg] radial extending from the 6.5-mile
radius to the VORTAC, excluding the portions that coincide with the
Atlantic City, NJ, Princeton, NJ. Old Bridge NJ, Philadelphia, PA,
Class E airspace areas.

    Issued in College Park, Georgia, on September 9, 2011.
Mark D. Ward,
Manager, Operations Support Group, Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2011-24348 Filed 9-21-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 159 (Friday, August 16, 2013)]
[Rules and Regulations]
[Pages 49939-49945]
[FR Doc No: 2013-19759]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1986-0005; FRL-9846-4]

National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Partial Deletion of the Torch Lake Superfund
Site

AGENCY: U.S. Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The U.S. Environmental Protection Agency Region 5 is
publishing a direct final Notice of Deletion of the Quincy Smelter and
Calumet Lake parcels of Operable Unit 3 (OU3) of the Torch Lake
Superfund Site (Site), located in Houghton County, Michigan, from the
National Priorities List (NPL). The NPL, promulgated pursuant to
Section 105 of the Comprehensive Environmental Response, Compensation,
and Liability Act (CERCLA) of 1980, as amended, is an appendix of the
National Oil and Hazardous Substances Pollution Contingency Plan (NCP).
This direct final partial deletion is being published by EPA with the
concurrence of the State of Michigan, through the Michigan Department
of Environmental Quality (MDEQ), because EPA has determined that all
appropriate response actions at these identified parcels under CERCLA,
other than operation, maintenance, and five-year reviews, have been
completed. However, this partial deletion does not preclude future
actions under Superfund.
    This partial deletion pertains to the surface tailings and slag
deposits of the Quincy Smelter and Calumet Lake parcels of OU3. The
following parcels or areas will remain on the NPL and are not being
considered for deletion as part of this action: Dollar Bay, Point
Mills, Boston Pond, and North Entry.

DATES: This direct final partial deletion is effective October 15, 2013
unless EPA receives adverse comments by September 16, 2013. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final partial deletion in the Federal Register informing the
public that the deletion will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-1986-0005, by one of the following methods:
     http://www.regulations.gov: Follow online instructions for
submitting comments.
     Email: Nefertiti DiCosmo, Remedial Project Manager, at
<EMAIL_ADDRESS>or Dave Novak, Community Involvement
Coordinator, at<EMAIL_ADDRESS>     Fax: Gladys Beard at<PHONE_NUMBER>.
     Mail: Nefertiti DiCosmo, Remedial Project Manager, U.S.
Environmental Protection Agency (SR-6J), 77 West Jackson Boulevard,
Chicago, IL 60604,<PHONE_NUMBER> or Dave Novak, Community Involvement
Coordinator, U.S. Environmental Protection Agency (SI-7J), 77 West
Jackson Boulevard, Chicago, IL 60604,<PHONE_NUMBER> or toll free at 1
(800) 621-8431.
     Hand delivery: Dave Novak, Community Involvement
Coordinator, U.S. Environmental Protection Agency

(SI-7J), 77 West Jackson Boulevard, Chicago, IL 60604. Such deliveries
are only accepted during the docket's normal hours of operation, and
special arrangements should be made for deliveries of boxed
information. The normal business hours are Monday through Friday, 8:30
a.m. to 4:30 p.m. CST, excluding federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-SFUND-
1986-0005. 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 information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or email. 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 email comment directly to EPA without
going through http://www.regulations.gov, your email 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.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in the hard
copy. Publicly available docket materials are available either
electronically at http://www.regulations.gov or in hard copy at:

 U.S. Environmental Protection Agency Region 5, 77 West Jackson
Boulevard, Chicago, IL 60604, Phone:<PHONE_NUMBER>, Hours: Monday
through Friday, 8:30 a.m. to 4:30 p.m. CST, excluding federal holidays.
 Lake Linden/Hubbell Public Library, 601 Calumet Street, Lake
Linden, MI 49945, Phone:<PHONE_NUMBER>, Summer Hours: Tuesday and
Thursday, 6:00 p.m. to 8:00 p.m. EST; Wednesday, 9:00 a.m. to 2:00 p.m.
EST, Winter Hours: Monday through Friday, 8:00 a.m. to 3:30 p.m. EST
(when school is in session); Tuesday and Thursday, 3:30 p.m. to 8:30
p.m. EST
 Portage Lake District Library, 58 Huron Street, Houghton, MI
49931, Phone:<PHONE_NUMBER>, Hours: Monday through Thursday, 10:00
a.m. to 8:00 p.m. EST; Friday, 10:00 a.m. to 5:00 p.m. EST; and
Saturday 10:00 a.m. to 3:00 p.m. EST

FOR FURTHER INFORMATION CONTACT: Nefertiti DiCosmo, Remedial Project
Manager, U.S. Environmental Protection Agency (SR-6J), 77 West Jackson
Boulevard, Chicago, IL 60604,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Site Deletion
V. Deletion Action

I. Introduction

    EPA Region 5 is publishing this Direct Final Notice of Deletion of
the Quincy Smelter and Calumet Lake parcels of Operable Unit (OU3) of
the Torch Lake Superfund (Site) from the National Priorities List (NPL)
and requests public comments on this proposed action. The NPL
constitutes Appendix B of 40 CFR part 300, which is the National Oil
and Hazardous Substances Pollution Contingency Plan (NCP), and which
EPA promulgated pursuant to section 105 of the Comprehensive
Environmental Response Compensation and Liability Act (CERCLA) of 1980,
as amended. EPA maintains the NPL as the list of sites that appear to
present a significant risk to public health, welfare, or the
environment. Sites on the NPL may be the subject of remedial actions
financed by the Hazardous Substance Superfund (Fund). This partial
deletion of the Torch Lake Superfund Site is proposed in accordance
with 40 CFR 300.425(e) and is consistent with the Notice of Policy
Change: Partial Deletion of Sites Listed on the National Priorities
List, (60 FR 55466) on November 1, 1995. As described in 300.425(e)(3)
of the NCP, sites deleted from the NPL remain eligible for Fund-
financed remedial actions if future conditions warrant such actions.
    Because EPA considers this action to be noncontroversial and
routine, this action will be effective October 15, 2013 unless EPA
receives adverse comments by September 16, 2013. Along with this Direct
Final Notice of Partial Deletion, EPA is co-publishing a Notice of
Intent for Partial Deletion in the ``Proposed Rules'' section of the
Federal Register. If adverse comments are received within the 30-day
public comment period on this partial deletion action, EPA will publish
a timely withdrawal of this Direct Final Notice of Partial Deletion
before the effective date of the partial deletion, and the deletion
will not take effect. EPA will, as appropriate, prepare a response to
comments and continue with the deletion process on the basis of the
Notice of Intent for Partial Deletion and the comments already
received. There will be no additional opportunity to comment.
    Section II of this document explains the criteria for deleting
sites from the NPL. Section III discusses procedures that EPA is using
for this action. Section IV discusses the Quincy Smelter and Calumet
Lake parcels of OU3 and demonstrates how the deletion criteria are met
at these land parcels. Section V discusses EPA's action to partially
delete the Site parcels from the NPL unless adverse comments are
received during the public comment period.

II. NPL Deletion Criteria

    The NCP establishes the criteria that EPA uses to delete sites from
the NPL. In accordance with 40 CFR 300.425(e), sites may be deleted
from the NPL where no further response is appropriate. In making such a
determination pursuant to 40 CFR 300.425(e), EPA will consider, in
consultation with the state, whether any of the following criteria have
been met:
    i. Responsible parties or other persons have implemented all
appropriate response actions required;
    ii. All appropriate Fund-financed response under CERCLA has been
implemented, and no further response action by responsible parties is
appropriate; or
    iii. The remedial investigation has shown that the release poses no
significant threat to public health or the environment and, therefore,
the taking of remedial measures is not appropriate.
    Pursuant to CERCLA section 121(c) and the NCP, EPA conducts five-
year reviews to ensure the continued protectiveness of remedial actions
where hazardous substances, pollutants, or contaminants remain at a
site above levels that allow for unlimited use and unrestricted
exposure. EPA conducts such five-year reviews even if a site is

deleted from the NPL. EPA may initiate further action to ensure
continued protectiveness at a deleted site if new information becomes
available that indicates it is appropriate. Whenever there is a
significant release from a site deleted from the NPL, the deleted site
may be restored to the NPL without application of the hazard ranking
system.

III. Deletion Procedures

    The following procedures apply to deletion of the Quincy Smelter
and Calumet Lake parcels of OU3 of the Torch Lake Superfund Site:
    (1) EPA consulted with the State of Michigan prior to developing
this Direct Final Notice of Partial Deletion and the Notice of Intent
for Partial Deletion co-published today in the ``Proposed Rules''
section of the Federal Register.
    (2) EPA has provided the State 30 working days for review of this
direct final Notice of Partial Deletion and the parallel Notice of
Intent for Partial Deletion prior to their publication today, and the
State, through MDEQ, has concurred on the partial deletion of the Site
from the NPL.
    (3) Concurrently with the publication of this direct final Notice
of Partial Deletion, a notice of the availability of the parallel
Notice of Intent for Partial Deletion is being published in the Daily
Mining Gazette Newspaper, located in Houghton, Michigan. The newspaper
notice announces the 30-day public comment period concerning the Notice
of Intent for Partial Deletion of the Site from the NPL.
    (4) EPA placed copies of documents supporting the proposed partial
deletion in the deletion docket and made these items available for
public inspection and copying at the Site information repositories.
    (5) If adverse comments are received within the 30-day public
comment period on this partial deletion action, EPA will publish a
timely notice of withdrawal of this direct final Notice of Partial
Deletion before its effective date and will prepare a response to
comments. EPA may continue with the deletion process on the basis of
the Notice of Intent for Partial Deletion and the comments already
received.
    Deletion of a portion of a site from the NPL does not itself
create, alter, or revoke any individual's rights or obligations.
Deletion of a portion of a site from the NPL does not in any way alter
EPA's right to take enforcement actions, as appropriate. The NPL is
designed primarily for informational purposes and to assist EPA
management. Section 300.425(e)(3) of the NCP states that the deletion
of a site from the NPL does not preclude eligibility for future
response actions, should future conditions warrant such actions.

IV. Basis for Site Deletion

    The following information provides EPA's rationale for deleting the
Quincy Smelter and Calumet Lake parcels of OU3 from the NPL.

Site Background and History

    The Torch Lake Superfund Site (CERCLIS ID MID980901946) is located
on the Keweenaw Peninsula in Houghton County, Michigan. The Site
includes Torch Lake, the northern portion of Portage Lake, and the
northern entry of Torch Lake. In the process of selecting a remedy for
the Torch Lake Site, the following areas were selected for remedial
measures and thus became part of the Site: defined areas of stamp
sands, tailing piles, and slag materials along the shore of and in the
vicinity of Torch Lake, Northern Portage Lake, Keweenaw Waterway, Lake
Superior, Boston Pond, Calumet Lake, Lake Linden, Hubbell/Tamarack
City, Mason Sands, Calumet Lake, Michigan Smelter, Isle-Royale, Grosse-
Point, and Quincy Smelter. More specifically, Calumet Lake is located
in Calumet, Michigan, about five miles northwest of Torch Lake. Quincy
Smelter is located along the Portage Canal in Hancock, Michigan. The
Quincy Smelter clean up did not include the historic smelting facility,
which was left as is out of historic preservation and community
concerns. These properties, covering 600 acres, were not investigated
at depth but were defined as part of the Torch Lake Superfund Site
because of the surficial materials (stamp sands, tailings, and slag)
and their relative locations to the Torch Lake water body. During the
site investigation, samples were taken of the surface (0-6 inches) and
shallow subsurface (0-3 feet) stamp sands, tailings, and slag piles at
the frequency of approximately one composite sample per 20-acre parcel.
Data generated reflected similar chemical characteristics in all
samples collected. This data was sufficient to assume homogeneity of
these materials and to support selection of the remedial action at the
Site.
    The remedial action included the installation of a soil vegetative
cover over areas of stamp sands, tailings, and slag in order to meet
the Remedial Action Objectives (RAOs). The remedial action only
addressed surface materials associated with the covered land parcels.
There may be non-site related contamination with depth or in the
vicinity of these defined areas of stamp sands, tailings and slag that
is not addressed by this remedial action. This potential contamination
was not evaluated or addressed as part of the remedial measures for the
Site. Non-site related contamination, if identified in the future, will
not be addressed by a subsequent action as part of the remedial action.
    Torch Lake was the site of copper milling and smelting facilities
and operations for over 100 years. The Lake was a repository of milling
wastes, and served as the waterway transportation to support the mining
industry. The first of many mills opened on Torch Lake in 1868. At the
mills, copper was extracted by crushing or stamping the rock into
smaller pieces and driving them through successively smaller meshes.
The copper and crushed rocks were separated by gravimetric sorting in a
liquid medium. The copper was then sent to a smelter. The crushed rock
particles, called tailings, were discarded along with mill processing
water, typically by pumping them into the Lake.
    Mining output, milling activity, and tailing production peaked in
the Keweenaw Peninsula in the early 1900s to 1920. All of the mills at
Torch Lake were located on the west shore of the Lake. Many other
mining mills and smelters were located throughout the Keweenaw
Peninsula. By around 1916, advances in technology allowed for the
recovery of copper from tailings previously deposited in Torch Lake.
Dredges were used to collect submerged tailings, which were then
screened, recrushed, and gravity separated. An ammonia leaching process
involving cupric ammonium carbonate was used to recover copper and
other metals from conglomerate tailings. During the 1920s, chemical
reagents were used to further increase the efficiency of reclamation.
The chemical reagents included lime, pyridine oil, coal tar creosotes,
wood creosote, pine oil, and xanthates. After reclamation activities
were complete, chemically treated tailings were returned to the Lake.
In the 1930s and 1940s, the Torch Lake mills operated mainly to recover
tailings in Torch Lake. Copper mills were still active in the 1950s,
but by the late 1960s copper milling had ceased.
    Over 5 million tons of native copper was produced from the Keweenaw
Peninsula and more than half of this was processed along the shores of
Torch Lake. Between 1868 and 1968, approximately 200 million tons of
tailings were dumped into Torch Lake, filling at least 20 percent of
the Lake's original volume.

    In June 1972, a discharge of 27,000 gallons of cupric ammonium
carbonate leaching liquor occurred into the north end of Torch Lake
from the storage vats at the Lake Linden Leaching Plant. The Michigan
Water Resources Commission (MWRC) investigated the spill. The 1973 MWRC
report discerned no deleterious effects associated with the spill, but
did observe that discoloration of several acres of lake bottom
indicated previous discharges.
    In the 1970s, environmental concern developed regarding the
century-long deposition of tailings into Torch Lake. High
concentrations of copper and other heavy metals in sediments, toxic
discharges into the Lake, and fish abnormalities prompted many
investigations into long and short-term impacts attributed to mine
waste disposal. The International Joint Commission's Water Quality
Board designated the Torch Lake basin as a Great Lakes Area of Concern
(AOC) in 1983. Also in 1983, the Michigan Department of Public Health
announced an advisory against the consumption of Torch Lake sauger and
walleye fish due to tumors of unknown origin.
    The Torch Lake Superfund Site was proposed for inclusion on the NPL
in October 1984 (49 FR 40320). The Site was placed on the NPL in June
1986 (51 FR 21054). The Site is also on the list of sites identified
under Michigan's Natural Resources and Environmental Protection Act 451
Part 201.

Remedial Investigation and Feasibility Study (RI/FS)

    On May 9, 1988 Notice Letters were issued to Universal Oil Products
(UOP) and Quincy Mining Company to perform an RI/FS. UOP is the
successor corporation of Calumet Hecla Mining Company, which operated
its milling and smelting on the shore of Torch Lake and disposed of the
generated tailings near the City of Lake Linden. On June 13, 1988, a
Notice Letter was to perform the RI/FS was also issued to Quincy
Development Company, which was the current owner of a tailing pile
located on the lake shore of Mason City. Negotiations for the RI/FS
Consent Order with these Potentially Responsible Parties (PRPs) were
not successful due to issues such as the extent of the Site and the
number of PRPs.
    During the week of May 8, 1989 EPA conducted ground penetrating
radar and a sub bottom profile (seismic) survey of the bottom of Torch
Lake. The area in which this survey was conducted is immediately off-
shore from the Old Calumet and Hecla Smelting Mill Site. The survey
located several point targets (possibly drums) on the bottom of Torch
Lake. On June 21, 1989 EPA collected a total of eight samples from
drums located in the Old Calumet and Hecla Smelting Mill Site near Lake
Linden, the Ahmeek Mill Site near Hubbell City, and the Quincy Smelter
Site near Mason City. On August 1, 1990 nine more samples were
collected from drums located near Tamarack City. Based on the results
of this sampling, EPA determined that some of these drums may have
contained hazardous substances.
    Due to the size and complex nature of the Site, three operable
units (OUs) were defined for the Site. Operable Unit 1 includes
approximately 500 acres of surface tailings, drums, and slag piles on
the western shore of Torch Lake. These areas include the Hubbell/
Tamarack City, Lake Linden, and Mason Sands parcels. Operable Unit 2
includes groundwater, surface water, submerged tailings, and sediments
in Torch Lake, Portage Lake, the Portage Channel, and other surface
water bodies at the Site. Operable Unit 3 includes tailings and slag
deposits located at the North Entry of Lake Superior, Michigan Smelter,
Quincy Smelter, Calumet Lake, Isle-Royale, Boston Pond, and Grosse-
Point (Point Mills/Dollar Bay). Remedial Investigations (RIs) have been
completed for all three operable units. The RI for OU1 and OU3 only
investigated the surface (0-6 inches) and shallow subsurface (0-3 feet)
stamp sands.
    Also, the RI assumed that the stamp sands were homogenous, i.e.,
the stamp sands had similar characteristics wherever they were located.
The sampling performed to characterize the OU1 and OU3 tailings was
adequate to select the remedial action based on the homogeneity of the
parameters measured, the distribution of contaminant compounds, and the
relatively low levels of contaminants found. While hot spot
contamination may exist, it is not attributable to tailings
composition, and could not be reliably located or predicted using any
reasonable sampling program. The RI and Baseline Risk Assessment (BRA)
reports for OU1 were finalized in July 1991. The RI and BRA reports for
OU3 were finalized on February 7, 1992.

Record of Decision (ROD) Findings

    The ROD for OU1 and OU3 was signed on September 30, 1992, and the
ROD for OU2 was signed on March 31, 1994.

ROD for OU1 and OU3 (September 30, 1992)

    The selected remedial action for the various tailings areas was a
soil and vegetative cover and institutional controls. The cover
prevents erosion from surface water runoff and wind of contaminants to
the impaired sediment. The cover also helps prevent the further
degradation of Torch Lake's ecosystem, allowing the Lake to recover
over time. The RAOs for OU1 and OU3 were developed as a result of data
collected during the RI and included activities to reduce or minimize
the exposure to and release of contaminants in tailings and/or slag
located at the Site. These activities included:
    1. Reducing or minimizing potential risks to human health
associated with the inhalation of airborne contaminants from the
tailings and/or slag located at the Site;
    2. Reducing or minimizing potential risks to human health
associated with direct contact with and/or the ingestion of the
tailings and/or the slag located at the Site;
    3. Reducing or minimizing the release of contaminants in tailings
to the groundwater through leaching; and
    4. Reducing or minimizing the release of contaminants in tailings
to the surface water and sediment by soil erosion and/or air
deposition.
    All of the RAOs for the Torch Lake parcels in this deletion package
have been met with the successful implementation of a vegetative cover
over the stamp sands, tailing piles, and slag materials over the
various tailings areas. The vegetative soil cover reduces airborne and
direct contact exposure to the contaminants in the stamp sands,
tailings, and slag. The affected groundwater is part of OU2, for which
the selected remedy was no action, and OU2 was deleted from the NPL in
2002. Since the selected remedy for groundwater was no action, it is
not imperative that the OU1 and OU3 remedy achieve the third RAO. The
vegetative soil cover serves to stabilize the stamp sands, tailings,
and slag underneath and reduce the erosion of these materials and their
associated contaminants to the surface water and sediment. The selected
remedy for OU1 and OU3 has the following specific components:
    1. Deed restrictions to control the use of tailing piles so that
tailings will not be left in a condition which is contrary to the
intent of the remedy;
    2. Removal of debris such as wood, empty drums, and other garbage
in the tailing piles for off-site disposal in order to effectively
implement the soil cover with vegetation;

    3. Soil cover with vegetation in the following areas:
     Operable Unit 1 tailings in Hubbell/Tamarack City, Lake
Linden, and Mason Sands (approximately 442 acres);
     Operable Unit 1 slag pile in Hubbell (approximately 9
acres); and
     Operable Unit 3 tailings in Calumet Lake, Boston Pond,
Michigan Smelter, and Grosse-Point (Point Mills/Dollar Bay)
(approximately 229 acres)
    4. Assuming that the slag pile located in the Quincy Smelter area
(approximately 25 acres) will be developed as part of a national park,
no action was taken. If this area is not developed as a national park
in the future, deed restrictions will be sought to prevent the
development of residences in the slag pile area;
    5. North Entry, Redridge and Freda tailings are excluded from the
area to be covered with soil and vegetation (and are not currently
being proposed for deletion here). North Entry, Redridge, and Freda are
along the Lake Superior shore where pounding waves and water currents
will likely retard or destroy any remedial actions. As a result, EPA
currently believes it to be technically impracticable to implement the
chosen remedy at these locations.

ROD Amendment for OU1 and OU3 (July 2009)

    The amended remedy was developed because of information that had
been collected and analyzed since the 1992 ROD. The 1992 ROD for OU1
and OU3 determined that no action should be taken at Quincy Smelter, as
it was slated for development as a national park. The 1992 ROD
stipulated that if this area were not developed as a national park in
the future, deed restrictions would be implemented to prevent
residential development in the historic slag pile area. The data
presented in the Second Five-Year Review Report, signed on March 27,
2008, showed that no development had occurred to date and that the
stamp sands and slag at the Site continued to erode into the Portage
Channel, degrading the environment and weakening the integrity and
protectiveness of the overall remedy.
    Based upon this information, EPA determined that it was appropriate
to modify the remedy selected in the 1992 ROD. A ROD amendment, signed
in July 2009, selected a soil and vegetative cover at Quincy Smelter,
consistent with other stamp sand areas in OU3, to minimize erosion and
aerial deposition of the stamp sands. Institutional controls (ICs) were
also implemented to protect the long-term integrity of the cover
materials and minimize direct contact with the stamp sands and slag
piles. The area addressed with vegetative cover encompasses about 6.5
acres which are situated outside of the currently fenced buildings and
structures.

Remedial Design (RD)

    In August 1994, an Interagency Agreement (IAG) was signed with the
United States Department of Agriculture (USDA)-Natural Resources
Conservation Service (NRCS) to perform RD work. The RD was conducted in
conformance with the 1992 ROD and was completed for the entire Site in
September 1998. At that time, the IAG with USDA-NRCS was amended to
perform remedial action (RA) management and oversight. The September
1998 IAG was funded with $13.8 million, and the Michigan Department of
Environmental Quality (MDEQ) provided a $1.52 million match for the RA
work. The construction schedule was set at six years (1999-2004). It
was estimated in the 1992 ROD that remedy implementation time would be
five years. Other factors that influenced the construction schedule
included the restricted availability of USDA-NRCS engineers and the
relatively short construction season due to the northerly location of
the Site.

Construction Activities

    On-site construction began in June 1999 and was completed in
September 2005. A Preliminary Close-Out Report documenting construction
completion was signed on September 23, 2005.

OU1

    In April 2002, EPA and MDEQ determined that the remedy was
functioning as intended, and a partial NPL deletion of the Lake Linden
parcel, in addition to all of OU2, was finalized. The Hubbell/Tamarack
City parcels were deleted from the NPL via a partial deletion in 2004.

OU2

    No remedial work was required as part of the OU2 No Action ROD.
Thus, there were no construction activities for this OU. EPA deleted
OU2 in the April 2002 partial NPL deletion.

OU3

    Construction activities at Calumet Lake were completed in late
October 2003. Shoreline protection, including rip-rap rock, was also
installed along much of the shoreline where the remedy was implemented.
The rip-rap rock (boulders averaging about one-foot in diameter with a
specified density and integrity) protects the remedy from wave erosion.
    RA construction activities were performed at Calumet Lake in
accordance with approved the design and specifications. It is
anticipated that the cover material and shoreline protection installed
at the Site will continue to meet the RAOs established for the Site.
    The Quincy Smelter portion of the Site was originally excluded from
the vegetative soil cover remedy in the 1992 ROD for OU1 and OU3, as
described previously, assuming that the on-site slag pile would be
developed as part of the Keweenaw National Historical Park. The 1992
ROD further stated that if this area was not developed as a national
park, deed restrictions would be sought to prevent residential
development in the slag pile area.
    In July 2005, EPA removed asbestos from two buildings at Quincy
Smelter as part of a time-critical removal action. In August and
September 2005, EPA installed rip-rap along the shoreline and a water
diversion system to prevent storm water from running directly into the
Keweenaw Waterway. A fence was also constructed around the buildings.
On September 13, 2005, EPA inspected the rip-rap and storm water
culvert and found it to be in compliance with all design
specifications.
    In July 2006, the Keweenaw National Historical Park observed and
notified EPA of continued erosion along the shoreline. During a site
inspection in June 2007, EPA and MDEQ documented the level of
continuing erosion at the Quincy Smelter, as well as the continued
deterioration of buildings. EPA discussed the need for further actions
at the property and possible solutions with the National Park Service,
Franklin Township, and other stakeholders. As a result of these
communications, EPA conducted a removal action at Quincy Smelter in
2008 to stabilize area conditions.
    A ROD amendment was signed on July 31, 2009 selecting a vegetative
cover for the stamp sands on the Quincy Smelter portion of the site.
The 1992 ROD selected no action for the Quincy Smelter area because
there were plans to develop the area as a national park. A national
park was not developed by 2009, and no ICs were implemented for that
area. As a result, EPA determined that additional remedial action at
Quincy Smelter was necessary. The ROD amendment required the
implementation of the same vegetative cover at Quincy Smelter as the
rest of the site. This included placing an earthen cover over the stamp
sands, debris removal, seeding and mulching, lined channel/shoreline/
slope protection, access road construction,

and installation of a fence and metal gates to secure the site.

Institutional Controls (ICs)

    In 1994, EPA issued an Administrative Order on Consent (AOC) to all
affected landowners requiring them, within six months of the AOC, to
implement the appropriate deed restrictions on their property. The deed
restrictions run with the land and bind future owners to the
restrictions. These ICs serve to protect vegetative cover and thus
prevent residual mining contamination from entering surface water by
ensuring that no disturbance of vegetative cover occurs. If disturbance
occurs, the owner is required to replace soil and repair vegetative
cover. There are restrictive covenants in place on approximately half
of the properties at the Torch Lake Superfund Site. The ICs for the
parcels proposed for deletion, Quincy Smelter and Calumet Lake, are in
place and effective. The following restriction applies at these
parcels: if during the process of any development, building,
construction, or other activity on the property by or with consent from
the owner of the property, the cover is disturbed so that upon
completion of the development, construction, building or other activity
on the property by or with consent of the owner of the property stamp
sand is exposed, then the owner of the property shall cover the exposed
stamp sand and shall re-vegetate the re-covered area.

Cleanup Goals

    The objectives of the remedies were to control exposures to Site
contaminants and control erosion of stamp sands, tailings, and slag to
the surface water and sediments by covering with vegetation. The
remedial actions at Quincy Smelter and Calumet Lake are operational and
functional. The remedial actions are functioning properly and
performing as designed.

Operation and Maintenance (O&M)

    EPA conducted activities necessary to ensure that the implemented
remedy at Quincy Smelter and Calumet Lake was operational and
functional for a period of three years after the remedial construction
at the last parcel. The remedy was jointly determined by EPA and MDEQ
to be functioning properly and performing as designed in September
2008. EPA conducted annual observations of the remediated areas for
three years after construction, and conducted major repairs, as
necessary, on each area where the remedy was implemented.
    MDEQ will be conducting O&M of the shoreline protection and cover
material. In accordance with the September 1998 Superfund Site Contract
signed by EPA and MDEQ, O&M was to begin three years after the remedy
implementation or when the remedy was jointly determined by EPA and
MDEQ to be functioning properly as designed, whichever is earlier. This
milestone was reached in September 2008 for Calumet Lake and Quincy
Smelter, along with several other Torch Lake property parcels. EPA has
conducted sampling since then and has been working with the State to
finalize a revised O&M plan to fit the new estimated recovery time for
the sediment. MDEQ will be conducting the O&M at Quincy Smelter and
Calumet Lake.

Five-Year Review (FYR)

    EPA conducted its most recent FYR at the Site in March 2013. The
2013 FYR noted that the remedy at OU3, which includes Quincy Smelter
and Calumet Lake, is protective of human health and the environment in
the short-term. This FYR calls for continued documentation from
landowners at the Site to verify proper deed and permitting
restrictions are in place on wells screened in the stamp sands on other
parcels of OU1 and OU3. Additionally, a lack of vegetative cover exists
on certain properties of Point Mills. There is also a recommendation to
work with the Houghton County Road Commission to ensure that road
traction tailings excavation practices at Point Mills are consistent
with the 1992 ROD. However, the parcels proposed for this deletion did
not have any issues affecting protectiveness.

Community Involvement

    Public participation activities have been satisfied as required in
CERCLA section 113(k), 42 U.S.C. 9613(k), and CERCLA section 117, 42
U.S.C. 9617. Documents in the deletion docket, which EPA relied on for
recommendation of the partial deletion of this Site from the NPL, are
available to the public in the information repositories and at
www.regulations.gov. Documents in the docket include maps which
identify the specific parcels of land that are proposed in this Notice
(Quincy Smelter and Calumet Lake).

Determination That the Site Meets the Criteria for Deletion in the NCP

    The NCP (40 CFR 300.425(e)) states that portions of a site may be
deleted from the NPL when no further response action is appropriate.
EPA, in consultation with the State of Michigan, has determined that no
further action is appropriate.

V. Deletion Action

    EPA, with concurrence of the State of Michigan through MDEQ, has
determined that all appropriate response actions under CERCLA, other
than operation, maintenance, and five-year reviews, have been
completed. Therefore, EPA is deleting the Quincy Smelter and Calumet
Lake parcels of OU3 of the Torch Lake Superfund Site from the NPL.
    Because EPA considers this action to be noncontroversial and
routine, EPA is taking it without prior publication. This action will
be effective October 15, 2013 unless EPA receives adverse comments by
September 16, 2013. If adverse comments are received within the 30-day
public comment period, EPA will publish a timely withdrawal of this
direct final notice of partial deletion before the effective date of
the partial deletion and it will not take effect. EPA will prepare a
response to comments and continue with the deletion process on the
basis of the notice of intent to partially delete and the comments
already received. There will be no additional opportunity to comment.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals,
Hazardous waste, Hazardous substances, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements, Superfund, Water
pollution control, Water supply.

    Dated: July 25, 2013.
Susan Hedman,
Regional Administrator, Region 5.

    For the reasons set out in this document, 40 CFR part 300 is
amended as follows:

PART 300--[AMENDED]

0
1. The authority citation for part 300 continues to read as follows:

    Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O.
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR
2923; 3 CFR, 1987 Comp., p. 193.

Appendix B--[Amended]

0
2. Table 1 of Appendix B to part 300 is amended under Michigan ``MI''
by revising the entry for '' Torch Lake'', ``Houghton County,
Michigan''.

Appendix B to Part 300--National Priorities List

                   Table 1--General Superfund Section
------------------------------------------------------------------------
    State            Site name           City/County         Notes (a)
------------------------------------------------------------------------

                              * * * * * * *
MI...........  Torch Lake..........  Houghton...........  P

                              * * * * * * *
------------------------------------------------------------------------
(a) * * *
* P = Sites with partial deletion(s).

[FR Doc. 2013-19759 Filed 8-15-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 104 (Tuesday, May 31, 2022)]
[Rules and Regulations]
[Pages 32313-32315]
[FR Doc No: 2022-11264]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0353]
RIN 1625-AA00

Safety Zone; Spokane Street Bridge; Duwamish Waterway, Seattle,
WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 100-yard radius of the Spokane Street Bridge
Light List Number 16870.1. The safety zone is needed to protect
personnel, vessels, and the marine environment from potential hazards
created by repair work on the Spokane Street Bridge. Entry of vessels
or persons into this zone is prohibited unless specifically authorized
by the Captain of the Port Puget Sound.

DATES: This rule is effective from 11 p.m. on June 3, 2022, until 7
a.m. on August 27, 2022. This rule is subject to enforcement on four
occasions: From 11 p.m. on June 3, 2022 until 7 a.m. on June 4, 2022;
11 p.m. on June 10, 2022 until 7 a.m. on June 11, 2022; 11 p.m. on
August 19, 2022 until 7 a.m. on August 20, 2022; and 11 p.m. on August
26, 2022 until 7 a.m. on August 27, 2022.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0353 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander Samud Looney, Sector Puget Sound
Waterways Management Division, U.S. Coast Guard; telephone 206-217-
6051, email [email protected].

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 Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the Spokane Street Bridge requires
immediate action to respond to the potential safety hazards associated
with emergency bridge inspection and repair work. It is impracticable
to publish an NPRM because we must establish this safety zone by June
3, 2022.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
respond to the potential safety hazards associated with emergency
stability inspection and repair of the Spokane Street Bridge.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port (COTP) Puget
Sound has determined that potential hazards associated with bridge
repairs starting June 3, 2022, will be a safety concern for anyone
navigating on the West Duwamish Waterway in the vicinity of the Spokane
Street Bridge Light List Number 16870.1. This rule is needed to protect
personnel, vessels, and the marine environment in the navigable waters
within the safety zone while the bridge is being inspected and
repaired.

IV. Discussion of the Rule

    This rule establishes a safety zone from 11 p.m. on June 3, 2022
until 7 a.m. on August 27, 2022. It is subject to enforcement on four
occasions: from 11 p.m. on June 3, 2022 until 7 a.m. on June 4, 2022;
11 p.m. on June 10, 2022 until 7 a.m. on June 11, 2022; 11 p.m. on
August 19, 2022 until 7 a.m. on August 20, 2022; and 11 p.m. on August
26, 2022 until 7 a.m. on August 27, 2022.The safety zone will cover all
navigable waters within a 100-yard radius of the Spokane Street Bridge
Light List Number 16870.1. The duration of the zone is intended to
protect personnel, vessels, and the marine environment in these
navigable waters while the Spokane Street Bridge is being inspected and
potentially repaired. No vessel or person will be permitted to enter
the safety zone without obtaining permission from the COTP or a
designated representative.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 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, this rule 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
will not be able to safely transit around this safety zone which would
impact a small designated area of the Duwamish Waterway. 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 rule will not have a significant economic
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

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
Directive 023-01, Rev. 1, associated implementing instructions, 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 that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
safety zone lasting 4 days that will prohibit entry within a 100-yard
radius of the Spokane Street Bridge Light List Number 16870.1 to ensure
the safety of all vessels navigating in the vicinity of inspection and
repair work on the Spokane Street Bridge. It is categorically excluded
from further review under paragraph L60(a) of Appendix A, Table 1 of
DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  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.
00170.1, Revision No. 01.2.

0
2. Add Sec.  165.T13-0353 to read as follows:

Sec.  165.T13-0353  Safety Zone; Spokane Street Bridge; Duwamish
Waterway, Seattle, WA.

    (a) Location. The following area is a safety zone: All navigable
waters within a 100-yard radius of the Spokane Street Bridge Light List
Number 16870.1 on the Duwamish Waterway to ensure the safety of all
vessels navigating in the vicinity of inspection and repair work on the
Spokane Street Bridge.
    (b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Puget Sound in the enforcement of the safety zone.
    (c) Regulations. In accordance with the general regulations in Part
165, Subpart C, no persons or vessels may enter or remain in the safety
zone in paragraph (a) of this section unless authorized by the Captain
of the Port or their designated representative. For permission to enter
the safety zone, contact the on-scene designated representative or
Joint Harbor Operations Center via VHF CH16 or at<PHONE_NUMBER>. Those
in the safety zone must comply with all lawful orders or directions
given to them by the Captain of the Port or their designated
representative.
    (d) Enforcement periods. This section will be subject to
enforcement from 11 p.m. on June 3, 2022 until 7 a.m. on June 4, 2022;
11 p.m. on June 10, 2022 until 7 a.m. on June 11, 2022; 11 p.m. on
August 19, 2022 until 7 a.m. on August 20, 2022; and 11 p.m. on August

26, 2022 until 7 a.m. on August 27, 2022.

    Dated: May 20, 2022.
P.M. Hilbert,
Captain, U.S. Coast Guard, Captain of the Port Puget Sound.
[FR Doc. 2022-11264 Filed 5-27-22; 8:45 am]
BILLING CODE 9110-04-P


Record for the Proposed Section 316( b) Phase II Existing Facilities Rule 123456789 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 A B C D E F G H I J K L M N from: http:// www. taxadmin. org/ fta/ rate/ corp_ inc. html RANGE OF STATE CORPORATE INCOME TAX RATES ( For tax year 2002  as of January 1, 2002)

State Tax Rates # of Brackets Bank Tax Rates Federal Tax Deductible Rate used in analysis ALABAMA 6.5 1 6.5 * AK 6.5%

ALASKA 1.0  9.4 10,000 90,000 10 1.0  9.4 AL 9.4%

ARIZONA 6.968 1 6.968 AZ 6.968%

ARKANSAS 1.0  6.5 3,000 100,000 6 1.0  6.5 AR 6.5%

CALIFORNIA 8.84 ( c) 1 10.84 ( c) CA 8.84%

COLORADO 4.63 1 4.63 CO 4.63%

CONNECTICUT 7.5 ( d) 1 7.5 ( d) CT 7.5%

DELAWARE 8.7 1 8.7 1.7 ( e) DE 8.7%

FLORIDA 5.5 ( f) 1 5.5 ( f) FL 5.5%

GEORGIA 6 1 6 GA 6.0%

HAWAII 4.4  6.4 ( g) 25,000 100,000 3 7.92 ( g) HI 6.4%

IDAHO 7.6 ( h) 1 7.6 ( h) ID 7.6%

ILLINOIS 7.3 ( i) 1 7.3 ( i) IL 7.3%

INDIANA 7.9 ( j) 1 8.5 IN 7.9%

IOWA 6.0  12.0 25,000 250,000 4 5 * ( k) IA 12.0%

KANSAS 4.0 ( l) 1 2.25 ( l) KS 4.0%

KENTUCKY 4.0  8.25 25,000 250,000 5  ( a) KY 8.25%

LOUISIANA 4.0  8.0 25,000 200,000 5  ( a) * LA 8.0%

MAINE 3.5  8.93 ( m) 25,000 250,000 4 1 ME 8.93%

MARYLAND 7 1 7 MD 7.0%

MASSACHUSETTS 9.5 ( n) 1 10.5 ( n) MA 9.5%

MINNESOTA 9.8 ( o) 1 9.8 ( o) MN 9.8%

MISSISSIPPI 3.0  5.0 5,000 10,000 3 3.0  5.0 MS 5.0%

MISSOURI 6.25 1 7 * ( k) MO 6.25%

MONTANA 6.75 ( p) 1 6.75 ( p) MT 6.75%

NEBRASKA 5.58  7.81 50,000 2  ( a) NE 7.81%

NEW HAMPSHIRE 8.5 ( q) 1 8.5 ( q) NH 8.5%

NEW JERSEY 9.0 ( r) 1 9 ( r) NJ 9.0%

NEW MEXICO 4.8  7.6 500,000 1 million 3 4.8  7.6 NM 7.6%

NEW YORK 7.5 ( s) 1 7.5 ( s) NY 7.5%

NORTH CAROLINA 6.9 ( t) 1 6.9 ( t) NC 6.9%

NORTH DAKOTA 3.0  10.5 3,000 50,000 6 7 ( b) * ND 10.5%

OHIO 5.1  8.5 ( u) 50,000 2  ( u) OH 8.5%

OKLAHOMA 6 1 6 OK 6.0%

OREGON 6.6 ( b) 1 6.6 ( b) OR 6.6%

PENNSYLVANIA 9.99 1  ( a) PA 9.99%

RHODE ISLAND 9.0 ( b) 1 9.0 ( v) RI 9.0%

SOUTH CAROLINA 5 1 4.5 ( w) SC 5.0%

SOUTH DAKOTA  6.0 1.0% ( b) SD 0%

TENNESSEE 6 1 6 TN 6.0%

UTAH 5.0 ( b) 5.0 ( b) UT 5.0%

VERMONT 7.0  9.75 ( b) 10,000 250,000 4 7.0  9.75 ( b) VT 9.75%

VIRGINIA 6 1 6.0 ( x) VA 6.0%

WEST VIRGINIA 9 1 9 WV 9.0%

WISCONSIN 7.9 1 7.9 WI 7.9%

DIST. OF COLUMBIA 9.975 ( y) 9.975 ( y) DC 9.45%

MI 1.9%

Source: Compiled by FTA from various sources NV 0%

Note: Michigan imposes a single business tax ( sometimes described as a business activities tax or value added tax) of 1.9% on the sum of federal taxable income TX 4.5%

( a) Rates listed include the corporate tax rate applied to financial institutions or excise taxes based on income. Some states have other taxes based upon the valueWA 0%

( b) Minimum tax is $ 50 in Arizona, $ 50 in North Dakota ( banks), $ 10 in Oregon, $ 250 in Rhode Island, $ 500 per location in South Dakota ( banks), $ 100 in Utah, $ 2WY 0%

( c) Minimum tax is $ 800. The tax rate on S Corporations is 1.5% ( 3.5% for banks).

Tax Brackets  Flat Rate

 Flat Rate

 Flat Rate

 Flat Rate

 Flat Rate

 Flat Rate

 Flat Rate

 Flat Rate

 Flat Rate

 Flat Rate

 Flat Rate

 Flat Rate

 Flat Rate

 Flat Rate

 Flat Rate

 Flat Rate

 Flat Rate

 Flat Rate

 Flat Rate

 Flat Rate

 Flat Rate

 Flat Rate

 Flat Rate

 Flat Rate

 Flat Rate

 Flat Rate

 Flat Rate

 Flat Rate

 Flat Rate

 Flat Rate

 Flat Rate

 Flat Rate

February 28, 2002 1 of 3 5 3001_ Tax  State Corp Rates Record for the Proposed Section 316( b) Phase II Existing Facilities Rule 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 A B C D E F G H I J K L M N ( d) Or 3.1 mills per dollar of capital stock and surplus ( maximum tax $ 1 million) or $ 250.

( e) The marginal rate decreases over 4 brackets ranging from $ 20 to $ 650 million in taxable income. Building and loan associations are taxed at a flat 8.7%.

( f) Or 3.3% Alternative Minimum Tax. An exemption of $ 5,000 is allowed.

( g) Capital gains are taxed at 4%. There is also an alternative tax of 0.5% of gross annual sales.

( h) Minimum tax is $ 20. An additional tax of $ 10 is imposed on each return.

( i) Includes a 2.5% personal property replacement tax.

( j) Consists of 3.4% on income from sources within the state plus a 4.5% supplemental income tax.

( k) Fifty percent of the federal income tax is deductible.

( l) Plus a surtax of 3.35% ( 2.125% for banks) taxable income in excess of $ 50,000 ($ 25,000).

( m) Or a 27% tax on Federal Alternative Minimum Taxable Income.

( o) Plus a 5.8% tax on any Alternative Minimum Taxable Income over the base tax.

( p) A 7% tax on taxpayers using water's edge combination. Minimum tax is $ 50.

( q) Plus a 0.50 percent tax on the enterprise base ( total compensation, interest and dividends paid). Business profits tax imposed on both corporations and unincorporated associations.

( n) Rate includes a 14% surtax, as does the following: an additional tax of $ 7.00 per $ 1,000 on taxable tangible property ( or net worth allocable to state, for intangible property corporations); minimum tax of $ 456.

( v) For banks, the alternative tax is $ 2.50 per $ 10,000 of capital stock ($ 100 minimum).

( w) Savings and Loans are taxed at a 6% rate.

( x) State and national banks subject to the state's franchise tax on net capital is exempt from the income tax.

( y) Minimum tax is $ 100. Includes surtax. Effective 1/ 1/ 2003, tax rate decreases to 9.45%.

( r) The rate reported in the table is the business franchise tax rate. The minimum tax is $ 200. Corporations not subject to the franchise tax are subject to a 7.25% income tax. Banks other than savings institutions are subject to the franchise tax. S Corporation are subject to an entity level tax of 2.0%. Corporations with net income under $ 100,000 are taxed at 7.5%. For S Corporation having $ 100,000 or less in net income for a 12 month privilege period, the rates are 1.33% and 0.5%, respectively. Regulated investment companies are subject to a flat tax of $ 250.

( s) Or 1.78 ( 0.1 for banks) mills per dollar of capital ( up to $ 350,000; or 2.5% of the minimum taxable income; or a minimum of $ 1,500 to $ 100 depending on payroll size ($ 250 for banks); if any of these is greater than the tax computed on net income. An addition tax of 0.9 mills per dollar of subsidiary capital is imposed on corporations. Small corporations with income under $ 290,000 pay a 7.5% tax on all income.

( t) Financial institutions are also subject to a tax equal to $ 30 per one million in assets.

( u) Or 4.0 mills time the value of the taxpayer's issued and outstanding share of stock with a maximum payment of $ 150,000. An additional litter tax is imposed equal to 0.11% on the first $ 50,000 of taxable income, 0.22% on income over $ 50,000; or 0.14 mills on net worth.

February 28, 2002 2 of 3 5 3001_ Tax  State Corp Rates Record for the Proposed Section 316( b) Phase II Existing Facilities Rule 123456789 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 A B C Discount Rate 7%

Useful Life Permit 5 Useful Life Other 10 Useful Life Condenser 20 Useful Life CT 30 Federal Tax Rate 35%

State Corporate Tax Rates Total Tax Rate AK 6.5% 39%

AL 9.4% 41%

AR 6.5% 39%

AZ 6.968% 40%

CA 8.84% 41%

CO 4.63% 38%

CT 7.5% 40%

DC 9.45% 41%

DE 8.7% 41%

FL 5.5% 39%

GA 6.0% 39%

HI 6.4% 39%

IA 12.0% 43%

ID 7.6% 40%

IL 7.3% 40%

IN 7.9% 40%

KS 4.0% 38%

KY 8.25% 40%

LA 8.0% 40%

MA 9.5% 41%

MD 7.0% 40%

ME 8.93% 41%

MI 1.9% 36%

MN 9.8% 41%

MO 6.25% 39%

MS 5.0% 38%

MT 6.75% 39%

NC 6.9% 39%

ND 10.5% 42%

NE 7.81% 40%

NH 8.5% 41%

NJ 9.0% 41%

NM 7.6% 40%

NV 0% 35%

NY 7.5% 40%

OH 8.5% 41%

OK 6.0% 39%

OR 6.6% 39%

PA 9.99% 41%

RI 9.0% 41%

SC 5.0% 38%

SD 0% 35%

TN 6.0% 39%

TX 4.5% 38%

UT 5.0% 38%

VA 6.0% 39%

VT 9.75% 41%

WA 0% 35%

WI 7.9% 40%

WV 9.0% 41%

WY 0% 35%

February 28, 2002 3 of 3 5 3001_ Tax  Rates