[Federal Register Volume 76, Number 173 (Wednesday, September 7, 2011)]
[Proposed Rules]
[Pages 55335-55343]
[FR Doc No: 2011-22699]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 269

[Docket No. FRA-2009-0108; Notice No. 1]
RIN 2130-AC19

Alternate Passenger Rail Service Pilot Program

AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This NPRM is in response to a statutory mandate that FRA
complete a rulemaking proceeding to develop a pilot program that
permits a rail carrier or rail carriers that own infrastructure over
which Amtrak operates certain passenger rail service routes to petition
FRA to be considered as a passenger rail service provider over such a
route in lieu of Amtrak for a period not to exceed five years after the
date of enactment of the Passenger Rail Investment and Improvement Act
of 2008. The proposed rule would develop this pilot program in
conformance with the statutory directive.

DATES: Written Comments: Written comments on the proposed rule must be
received by November 7, 2011. Comments received after that date will be
considered to the extent possible without incurring additional expense
or delay. FRA anticipates being able to determine these matters without
a public hearing. However, if prior to October 7, 2011, FRA receives a
specific request for a public hearing accompanied by a showing that the
party is unable to adequately present his or her position by written
statement, a hearing will be scheduled and FRA will publish a
supplemental notice in the Federal Register to inform interested
parties of the date, time, and location of any such hearing.

ADDRESSES: Comments: Comments related to Docket Number FRA-2009-0108,
may be submitted by any of the following methods:
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Ave., SE., W12-140, Washington, DC
20590.
     Hand Delivery: Room W12-140 on the Ground level of the
West Building, 1200 New Jersey Ave., SE., Washington, DC between 9 a.m.
and 5 p.m. Monday through Friday, except Federal Holidays.

     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
    Instructions: All submissions must include the agency name and
docket number or Regulatory Identification Number (RIN) for this
rulemaking. Note that all comments received will be posted without
change to http://www.regulations.gov, including any personal
information. Please see the Privacy Act heading later in this document
for more Privacy Act information.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov at any time, or to
room W12-140 on the Ground level of the West Building, 1200 New Jersey
Ave., SE., Washington, DC between 9 a.m. and 5 p.m. Monday through
Friday, except Federal Holidays.

FOR FURTHER INFORMATION CONTACT: Alexander Roth, Office of Railroad
Policy and Development, FRA, 1200 New Jersey Ave., SE., Washington, DC
20590 (Telephone<PHONE_NUMBER>), or Zeb Schorr, Attorney-Advisor, Office
of Chief Counsel, FRA, 1200 New Jersey Ave., SE., Mail Stop 10,
Washington, DC 20590 (Telephone<PHONE_NUMBER>).

SUPPLEMENTARY INFORMATION:

I. Notice of Proposed Rulemaking

A. Statutory Background

    The proposed rule is in response to a statutory mandate--
specifically, Sec.  214 of the Passenger Rail Investment and
Improvement Act of 2008 (PRIIA), Public Law No. 110-432, Division B
(Oct. 16, 2008)--that FRA complete a rulemaking proceeding to develop a
pilot program that permits a rail carrier or rail carriers that own
infrastructure over which Amtrak operates certain passenger rail
service routes to petition FRA to be considered as a passenger rail
service provider over such a route in lieu of Amtrak for a period not
to exceed five years after the date of enactment of PRIIA. Section 214
further provides that those routes described in 49 U.S.C. 24102(5)(B),
(C), and (D) and in 49 U.S.C. 24702 are eligible for the pilot program,
and that the program not be made available to more than two routes.
    Section 214 also provides for, among other things, the following:
The establishment of a petition, notification, and bid process through
which FRA would evaluate bids to provide passenger rail service over
particular routes by interested rail carriers and Amtrak; FRA's
selection of a winning bidder by, among other things, evaluating the
bids against the financial and performance metrics developed under
section 207 of PRIIA; FRA's execution of a contract with the winning
bidder awarding the right and obligation to provide passenger rail
service over the route, along with an operating subsidy, as well as
requiring compliance with the minimum standards established under
section 207 of PRIIA, among other things; that Amtrak must provide
access to its reservation system, stations, and facilities to a winning
bidder; that employees used in the operation of a route under the pilot
program would be considered an employee of that rail carrier and would
be subject to the applicable Federal laws and regulations governing
similar crafts or classes of employees of Amtrak; that the winning
bidder must provide hiring preference to displaced qualified Amtrak
employees; that the winning bidder would be subject to the grant
conditions under 49 U.S.C. 24405; and that, if a winning bidder ceases
to operate the service or to otherwise fulfill their obligations, the
FRA Administrator, in collaboration with the Surface Transportation
Board, would take any necessary action to enforce the contract and to
ensure the continued provision of service.

B. Adequate Resources Certification

    Section 214 provides that, before FRA may take any action allowed
under 49 U.S.C. 24711, the Secretary of Transportation (Secretary) must
certify that the FRA Administrator has sufficient resources that are
adequate to undertake the pilot program. FRA understands this
requirement to mean that FRA may not proceed with any action under a
pilot program developed by this proposed rulemaking until the Secretary
has issued such a certification.
    It should also be noted that section 214 requires FRA to award to a
winning bidder, among other things, an operating subsidy. 49 U.S.C.
24711(a)(5)(B). PRIIA did not authorize funds for FRA to use to pay for
any such operating subsidy, or any other costs arising from the
proposed pilot program; nor did Congress appropriate funds for the
pilot program.
    This proposed rulemaking would incorporate the adequate resources
certification requirement by providing, in Sec.  269.3(a), that the
part would not be applicable to any railroad, unless and until the
Secretary certifies that FRA has sufficient resources that are adequate
to undertake the pilot program. Only upon such certification would the
proposed pilot program become available. As described below, the time
period within which petitions may be filed with FRA would be triggered
by FRA providing notice of the Secretary's certification.

C. Timeline Established by the Proposed Rule

    The proposed rule would establish deadlines for filing petitions,
filing bids, and FRA's execution of contract(s) with any winning
bidders. As to the filing of petitions, Sec.  269.7(b) of the proposed
rule would require a petition to be filed with FRA no later than 45
days after FRA provides notice of the Secretary's certification that
the FRA Administrator has sufficient resources that are adequate to
undertake the pilot program. This deadline is necessary in order to
comply with the statutory mandate. Specifically, 49 U.S.C. 24711(a)(4)
requires FRA to, as relevant here, ``give preference in awarding
contracts to bidders seeking to operate routes that have been
identified as one of the five worst performing Amtrak routes under
section 24710'' of title 49 of the United States Code. In order to
comply with this statutory directive to ``give preference'' to ``the
five worst performing Amtrak routes,'' FRA must be able to evaluate all
bids at the same time. Section 269.7(b)'s proposed petition deadline
would enable FRA to evaluate all bids at the same time and to ``give
preference'' where appropriate as directed by the statute.
    In addition, Sec. Sec.  269.3(c) and 269.7(d) of the proposal would
also take into consideration the possibility that the period during
which a railroad may provide passenger rail service under this proposed
pilot program, which is currently set by statute to expire on October
16, 2013, is extended by statute. In that event, the proposed rule
would require petitions to be filed with FRA no later than 60 days
after the enactment of such statutory authority and would require such
petitions to otherwise comply with the requirements of this part.
    As to the filing of bids, proposed Sec.  269.9 would require the
Petitioner and Amtrak to both file bids with FRA no later than 60 days
after the petition deadline established by proposed Sec.  269.7(b).
Proposed Sec.  269.9(b) articulates the bid requirements. The 60-day
time period would give a bidder sufficient time to prepare a bid that
satisfies the bid requirements, while also limiting the duration of the
bid process.
    Lastly, as to the award and execution of contracts with winning
bidders, proposed Sec.  269.13 would require FRA to execute a contract
with the winning bidder(s) no later than 90 days after the bid deadline
established by proposed Sec.  269.9. Section 214 of PRIIA requires

FRA to ``execute a contract within a specified, limited time.'' 49
U.S.C. 24711(a)(5). The 90-day time period is a limited period for FRA
and the winning bidder(s) to execute an agreement(s) that satisfies the
proposed requirements of Sec.  269.13, including FRA's obligation of an
operating subsidy in compliance with the statutory requirements.

II. Section-by-Section Analysis

Section 269.1 Purpose

    This section provides that the proposed rule would carry out the
statutory mandate set forth in 49 U.S.C. 24711 that requires FRA to
develop a pilot program that permits a rail carrier or rail carriers
that own infrastructure over which Amtrak operates a passenger rail
service route to petition FRA to be considered as a passenger rail
service provider over that route in lieu of Amtrak.

Section 269.3 Application

    Paragraph (a) of this section provides that the proposed rule would
not apply to any railroad, unless and until the Secretary certifies
that FRA has sufficient resources that are adequate to undertake the
pilot program. This section also states that, upon receipt, FRA will
provide notice of the certification on the FRA public Web site. This
proposed paragraph is based on the statutory directive in 49 U.S.C.
24711(e). In addition, as discussed in Sec.  269.7(a) of the proposal,
FRA's notice of the Secretary's certification will trigger the 45-day
deadline by which an eligible railroad may petition FRA under the pilot
program.
    Paragraph (b) of this section provides that the proposed pilot
program would not be made available to more than two Amtrak intercity
passenger rail routes. This proposed paragraph is based on the
statutory directive contained in 49 U.S.C. 24711(b).
    Paragraph (c) of this section proposes that any rail carrier or
rail carriers awarded a contract to provide passenger rail service
under the pilot program would only be able to provide such service for
a period not to exceed five years after October 16, 2008 (the date of
PRIIA's enactment), or a later date authorized by statute. This
proposed paragraph is based on the statutory directive contained in 49
U.S.C. 24711(a)(1). In addition, this proposed section also takes into
consideration the possibility that the 5-year limitation period
established in PRIIA is extended by statute.

Section 269.5 Definitions

    This section contains the definitions that FRA proposes to employ
in this rule. This section proposes definitions the following terms:
Act; Administrator; Amtrak; File and filed; Financial plan; FRA;
Operating plan; Passenger rail service route; Petitioner; Railroad, and
Secretary. Among other definitions, this section proposes to define
``passenger rail service route'' to mean those routes described in 49
U.S.C. 24102(5)(B), (C), and (D) and in 49 U.S.C. 24702. This
definition is based on the statutory directive contained in 49 U.S.C.
24711(a)(1). In addition, this section proposes to define ``railroad''
to mean a rail carrier or rail carriers, as defined in 49 U.S.C.
10102(5). This definition is based on the statutory directive contained
in 49 U.S.C. 24711(a)(1) and (c)(3).
    This section also proposes to define ``financial plan'' to mean a
plan that contains, for each Federal fiscal year fully or partially
covered by the bid: An annual projection of the revenues, expenses,
capital expenditure requirements, and cash flows (from operating
activities, investing activities, and financing activities, showing
sources and uses of funds) attributable to the route; and a statement
of the assumptions underlying the financial plan's contents. In
addition, this proposed section defines ``operating plan'' to mean a
plan that contains, for each Federal fiscal year fully or partially
covered by the bid: A complete description of the service planned to be
offered, including the train schedules, frequencies, equipment
consists, fare structures, and such amenities as sleeping cars and food
service provisions; station locations; hours of operation; provisions
for accommodating the traveling public, including proposed arrangements
for stations shared with other routes; expected ridership; passenger-
miles; revenues by class of service between each city-pair proposed to
be served; and a statement of the assumptions underlying the operating
plan's contents. The proposed rule would require bidders to include a
financial plan and an operating plan--as those terms are defined here--
in their bids. These proposed definitions would ensure that bids
contain sufficient information to be evaluated.

Section 269.7 Petitions

    Paragraph (a) of this section proposes that a railroad that owns
infrastructure over which Amtrak operates a passenger rail service
route may petition FRA to be considered as a passenger rail service
provider over that route in lieu of Amtrak for a period of time
consistent with the time limitations described in section 269.3(c).
This proposed paragraph is based on the statutory directive contained
in 49 U.S.C. 24711(a)(1). This paragraph would not require a railroad
own all of the infrastructure over which Amtrak operates a passenger
rail service route in order to file a petition.
    Paragraph (b) of this section proposes that a petition submitted to
FRA under this rule must: Be filed with FRA no later than 45 days after
FRA provides notice of the Secretary's certification pursuant to
proposed Sec.  269.3(a); describe the petition as a ``Petition to
Provide Passenger Rail Service under 49 CFR part 269''; and describe
the route or routes over which the petitioner wants to provide
passenger rail service and the Amtrak service that the petitioner wants
to replace. This proposed paragraph is intended to ensure that a
petition would provide clear notice to FRA.
    Paragraph (c) of this section proposes that, in the event that a
later statute extends the time period under which a railroad may
provide passenger rail service pursuant to the pilot program, petitions
would have to be filed with FRA no later than 60 days after the later
of the enactment of such statutory authority or the Secretary's
issuance of the certification under Sec.  269.3(a), and that the
petition must otherwise comply with the requirements of the pilot
program. This proposed paragraph takes into consideration the
possibility that the 5-year limitations period established in PRIIA is
extended by statute.

Section 269.9 Bid Process

    Paragraph (a) of this section proposes that FRA would notify Amtrak
of any eligible petition filed with FRA no later than 30 days after
FRA's receipt of such petition. This proposed paragraph is based on the
statutory directive contained in 49 U.S.C. 24711(a)(2).
    Paragraph (b) of this section describes the proposed bid
requirements, including a requirement that such bids must be filed with
FRA no later than 60 days after the petition deadline established by
proposed Sec.  269.7. Paragraph (b) further proposes that such bids
must: (1) Provide FRA with sufficient information to evaluate the level
of service described in the proposal, and to evaluate the proposal's
compliance with the requirements described in proposed Sec.  269.13(b);
(2) describe how the bidder would operate the route (including an
operating plan, a financial plan and, if applicable, any agreement(s)
necessary for the operation of passenger service over right-of-way on
the route that is not owned by the railroad), and, if the bidder
intends to generate any revenues from ancillary activities (i.e.,
activities other than

passenger transportation, accommodations, and food service) as part of
its proposed operation of the route, then the bidder must fully
describe such ancillary activities and identify their incremental
impact in all relevant sections of the operating plan and the financial
plan, and on the route's performance under the financial and
performance metrics developed pursuant to section 207 of the Act,
together with the assumptions underlying the estimates of such
incremental impacts; (3) describe what Amtrak passenger equipment would
be needed, if any; (4) describe in detail, including amounts, timing,
and intended purpose, what sources of Federal and non-Federal funding
the bidder would use, including but not limited to any Federal or State
operating subsidy and any other Federal or State payments; (5) contain
a staffing plan describing the number of employees needed to operate
the service, the job assignments and requirements, and the terms of
work for prospective and current employees of the bidder for the
service outlined in the bid; and (6) describe how the passenger rail
service would comply with the financial and performance metrics
developed pursuant to section 207 of the Act (at a minimum, this
description must include, for each Federal fiscal year fully or
partially covered by the bid: a projection of the route's expected on-
time performance and train delays according to the metrics developed
pursuant to section 207 of the Act; and the net cash used in operating
activities per passenger-mile attributable to the route). This proposed
paragraph is based on the statutory directive contained in 49 U.S.C.
24711(a)(3) and (a)(6).
    Paragraph (c) of this section proposes that FRA could request
supplemental information from a petitioner and/or Amtrak where FRA
determines such information is needed to evaluate a bid. In such a
request, FRA would establish a deadline by which the supplemental
information must be submitted to FRA. This proposed paragraph allows
FRA to request additional information where the information provided in
a bid prevents FRA from adequately evaluating the proposal.

Section 269.11 Evaluation

    This section proposes that FRA would select a winning bidder by
evaluating the bids against the financial and performance metrics
developed under section 207 of PRIIA and the requirements of this
proposed part, and would give preference in awarding contracts to
bidders seeking to operate routes that have been identified as one of
the five worst performing Amtrak routes under 49 U.S.C. 24710. This
proposed paragraph is based on the statutory directive contained in 49
U.S.C. 24711(a)(4).

Section 269.13 Award

    Paragraph (a) of this section proposes that FRA would execute a
contract with the winning bidder(s) consistent with the requirements of
proposed Sec.  269.13 and as FRA may otherwise require, no later than
90 days after the bid deadline established by proposed Sec.  269.9(b).
This paragraph also provides that FRA would provide timely notice of
these selections to all petitioners and to Amtrak. This proposed
paragraph is based on the statutory directive contained in 49 U.S.C.
24711(a)(5).
    Paragraph (b) of this section proposes that, among other things,
such a contract would: (1) Award to the winning bidder the right and
obligation to provide passenger rail service over that route subject to
such performance standards as FRA may require, consistent with the
standards developed under section 207 of PRIIA; (2) award to the
winning bidder an operating subsidy for the first year at a level not
in excess of the level in effect during the fiscal year preceding the
fiscal year in which the petition was received, adjusted for inflation,
and for any subsequent years at such level, adjusted for inflation; (3)
condition the operating and subsidy rights upon the winning bidder
continuing to provide passenger rail service on the route that is no
less frequent, nor over a shorter distance, than Amtrak provided on
that route before the award; (4) condition the operating and subsidy
rights upon the winning bidder's compliance with the minimum standards
established under section 207 of PRIIA and such additional performance
standards as FRA may establish; and (5) subject the winning bidder to
the grant conditions established by 49 U.S.C. 24405. This proposed
paragraph is based on the statutory directive contained in 49 U.S.C.
24711(a)(5), (c)(1), and (c)(4).
    Paragraph (c) of this section proposes that the winning bidder
would make their staffing plan, submitted as required by proposed Sec.
269.9(b)(4), available to the public after the bid award. This proposed
paragraph is based on the statutory directive contained in 49 U.S.C.
24711(a)(6).

Section 269.15 Access to Facilities; Employees

    Paragraph (a) of this section proposes that, if an award under
proposed Sec.  269.13 is made to a rail carrier other than Amtrak,
Amtrak must provide access to its reservation system, stations, and
facilities directly related to operations to the winning bidder awarded
a contract, in accordance with section 217 of PRIIA, necessary to carry
out the purposes of the proposed rule. This proposed paragraph is based
on the statutory directive contained in 49 U.S.C. 24711(c)(2).
    Paragraph (b) of this section proposes that the employees of any
person used by a rail carrier in the operation of a route under the
proposed rule would be considered an employee of that carrier and
subject to the applicable Federal laws and regulations governing
similar crafts or classes of employees of Amtrak, including provisions
under Sec.  121 of the Amtrak Reform and Accountability Act of 1997
relating to employees that provide food and beverage service. This
proposed paragraph is based on the statutory directive contained in 49
U.S.C. 24711(c)(3).
    Paragraph (c) of this section proposes that a winning bidder would
provide hiring preference to qualified Amtrak employees displaced by
the award of the bid, consistent with the staffing plan submitted by
the winning bidder. This proposed paragraph is based on the statutory
directive contained in 49 U.S.C. 24711(c)(4).

Section 269.17 Cessation of Service

    This section proposes that, if a rail carrier awarded a route under
this rule ceases to operate the service or fails to fulfill its
obligations under the contract required under proposed Sec.  269.13,
the Administrator, in collaboration with the Surface Transportation
Board, will take any necessary action consistent with title 49 of the
United States Code to enforce the contract and ensure the continued
provision of service, including the installment of an interim service
provider and re-bidding the contract to operate the service. This
section further proposes that the entity providing service would either
be Amtrak or a rail carrier eligible for the pilot program under
proposed Sec.  269.7. This proposed paragraph is based on the statutory
directive contained in 49 U.S.C. 24711(d).

III. Regulatory Impact and Notices

1. Executive Orders 12866 and 13563 and DOT Regulatory Policies and
Procedures

    This proposed rule has been evaluated in accordance with existing
policies and procedures and determined to be non-significant under
Executive Order 12866, Executive Order 13563, and DOT policies and
procedures. See 44 FR 11034; February 26, 1979. FRA

has prepared and placed in the docket a regulatory impact analysis
(RIA) addressing the economic impact of this proposed rule. Document
inspection and copying facilities are available at the DOT Central
Docket Management Facility located in Room W12-140 on the Ground level
of the West Building, 1200 New Jersey Avenue, SE., Washington, DC
20590. Docket material is also available for inspection electronically
through the Federal eRulemaking Portal at http://www.regulations.gov.
Photocopies may also be obtained by submitting a written request to the
FRA Docket Clerk at the Office of Chief Counsel, RCC-10, Mail Stop 10,
Federal Railroad Administration, 1200 New Jersey Avenue, SE.,
Washington, DC 20590; please refer to Docket No. FRA-2009-0108.
    As part of the regulatory impact analysis, FRA has generally
assessed quantitative measurements of the cost and benefit streams
expected to result from the adoption of a proposed rule. However, in
this case, due to the limited number of routes that would be awarded
under the pilot program (only two routes could be awarded), and the
short timeframe in which this pilot program would operate (until 2013),
it is not feasible to perform an analysis for an extended period.
    There are no alternate service provider railroad regulatory costs
because the program is voluntary with respect to such rail carriers.
Regulatory costs would be triggered for Amtrak should one or more
alternative service providers bid on routes. For informational
purposes, FRA has included in Appendices of the RIA the estimated
average costs for both a railroad and Amtrak to participate in the
pilot program. FRA estimates the average cost for each individual
railroad to participate in the program and to submit the required bid
proposal (the majority of the cost) at about $300,000 per route, and
the average cost for Amtrak at about $150,000 per route (regardless of
how many individual railroads bid on the individual Amtrak route).
Railroads that participate voluntarily would do so because they
consider the benefits to exceed the costs. Thus, any participation
would be cost beneficial with respect to the voluntary participant. Any
potential costs to Amtrak are regulatory costs that would not be
incurred in absence of this proposed rule or the costs associated with
developing bids for up to two routes.
    Given that this pilot program is voluntary for potential alternate
service providers and is not currently funded by Congress, FRA
estimates that this proposed regulation would not result in any
benefits or costs.

2. Regulatory Flexibility Act

    To ensure potential impacts of rules on small entities are properly
considered, FRA developed this proposed rule in accordance with
Executive Order 13272 (``Proper Consideration of Small Entities in
Agency Rulemaking'') and DOT's procedures and policies to promote
compliance with the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
The Regulatory Flexibility Act requires an agency to review regulations
to assess their impact on small entities. An agency must conduct a
regulatory flexibility analysis unless it determines and certifies that
a rule is not expected to have a significant impact on a substantial
number of small entities.
Purpose
    As noted earlier in this NPRM, the purpose of this proposed
rulemaking is to respond to a statutory mandate to develop a pilot
program that permits a rail carrier or rail carriers that own
infrastructure over which Amtrak operates certain passenger rail
service routes to petition FRA to be considered as a passenger rail
service provider over such a route in lieu of Amtrak for a period not
to exceed five years after the date of enactment of PRIIA. The proposed
rule would develop this pilot program in conformance with the statutory
directive.
    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.)
requires a review of proposed and final rules to assess their impact on
small entities, unless the Secretary certifies that the rule would not
have a significant economic impact on a substantial number of small
entities. Pursuant to Sec.  312 of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121), FRA has issued a
final policy that formally establishes ``small entities'' as including
railroads that meet the line-haulage revenue requirements of a Class
III railroad. 49 CFR part 209, App. C. For other entities, the same
dollar limit in revenues governs whether a railroad, contractor, or
other respondent is a small entity. Id. Additionally, section 601(5)
defines as ``small entities'' governments of cities, counties, towns,
townships, villages, school districts, or special districts with
populations less than 50,000. Such governments would not be directly
impacted by this proposal.
Rationale for Choosing Regulatory Action and Legal Authority
    FRA is initiating this NPRM in response to a statutory mandate set
forth in section 214 of PRIIA. Section 214 requires FRA to complete a
rulemaking proceeding to develop a pilot program that permits a rail
carrier or rail carriers that own infrastructure over which Amtrak
operates certain passenger rail service routes to petition FRA to be
considered as a passenger rail service provider over such a route in
lieu of Amtrak for a period not to exceed five years after the date of
enactment of PRIIA. This proposed rule develops this pilot program in
conformance with the statutory directive.
Description of Regulated Entities and Impacts
    This proposed rule would be applicable to railroads that own
infrastructure upon which Amtrak operates those routes described in 49
U.S.C. 24102(5)(B), (C), and (D) and in 49 U.S.C. 24702, which may
include small railroads. ``Small entity'' is defined in 5 U.S.C. 601 as
including a small business concern that is independently owned and
operated, and is not dominant in its field of operation. The U.S. Small
Business Administration (SBA) has authority to regulate issues related
to small businesses, and stipulates in its size standards that a
``small entity'' in the railroad industry is a for profit ``line-haul
railroad'' that has fewer than 1,500 employees, a ``short line
railroad'' with fewer than 500 employees, or a ``commuter rail system''
with annual receipts of less than seven million dollars. See ``Size
Eligibility Provisions and Standards,'' 13 CFR part 121 subpart A.
    Federal agencies may adopt their own size standards for small
entities in consultation with SBA and in conjunction with public
comment. Pursuant to that authority FRA has published a final statement
of agency policy that formally establishes ``small entities'' or
``small businesses'' as being railroads, contractors and hazardous
materials shippers that meet the revenue requirements of a Class III
railroad as set forth in 49 CFR 1201.1-1, which is $20 million or less
in inflation-adjusted annual revenues, and commuter railroads or small
governmental jurisdictions that serve populations of 50,000 or less.
See 68 FR 24891 (May 9, 2003) (codified at Appendix C to 49 CFR part
209). The $20 million limit is based on the Surface Transportation
Board's revenue threshold for a Class III railroad carrier. Railroad
revenue is adjusted for inflation by applying a revenue deflator

formula in accordance with 49 CFR 1201.1-1. FRA is using this
definition for the proposed rule.
Minimum Requirements for Pilot Program Applications
    Small railroads face the same requirements for entry in the pilot
program as other railroads. The railroad must own infrastructure upon
which Amtrak operates those routes described in 49 U.S.C. 24102(5)(B),
(C), and (D) and in 49 U.S.C. 24702.
Disclosure of Assumptions
    The purpose of this economic analysis is to provide pertinent
information on the effects of the proposed regulation, part 269,
``Alternate Passenger Rail Service Pilot Program.'' FRA believes that
the proposed regulation will not have any effect on small railroads
since participation in the pilot program is voluntary, only two routes
are available for award, the program expires in 2013, and it is
unlikely that federal funding that is not currently available will be
available for the program. FRA does not anticipate that any small
railroads would be interested in taking over such an existing, eligible
Amtrak route.
Criteria for Substantial Number
    This proposed regulation is voluntary for all rail carriers, except
Amtrak, which would be impacted only if another carrier petitions to
participate in the pilot program. Therefore, there are no mandates
placed on large or small railroads. Consequently, this proposed
regulation would not affect a substantial number of small entities, and
most likely will not impact any small entities.
Criteria for ``Significant Economic Impacts''
    The factual basis for the certification that this proposed rule, if
promulgated, will not have a significant economic impact on a
substantial number of small entities is that the proposed pilot program
is voluntary for all rail carriers except Amtrak; and no small entities
are anticipated to apply. Therefore, this proposed regulation would
have no economic impact on small entities.
    FRA notes that this proposed regulation does not disproportionately
place any small railroads that are small entities at a significant
competitive disadvantage. Small railroads are not excluded from
participation, so long as they are eligible. This proposed regulation
and the underlying statute are aimed at railroads taking over an entire
route. If Amtrak uses 30 miles of a small railroad's infrastructure in
a route that is 750 miles long, the small railroad could not apply to
take over just its own segment, but would have to apply to take over
the whole route. Thus, the ability to bid on a route is not constrained
by a railroad's size.
Request for Comments
    FRA invites comments from all interested parties on this
certification. FRA also requests comments on the threshold economic
analysis and its underlying assumptions. FRA particularly encourages
small entities that could potentially be impacted by the proposed
amendments to participate in the public comment process by submitting
comments on this assessment or this rulemaking to the official U.S.
Department of Transportation (DOT) docket.
Certification
    Pursuant to the Regulatory Flexibility Act (5 U.S.C. 605(b)), FRA
certifies that this proposed rule would not have a significant impact
on a substantial number of small entities. The proposed rule does not
require, or otherwise impose, any requirements upon any small entities.
Instead, this proposal develops a pilot program under which an eligible
small entity may voluntarily elect to participate. Furthermore, the
proposed rule would establish a very limited pilot program that would
apply to no more than two Amtrak routes. FRA invites all interested
parties to submit data and information regarding the potential economic
impact that would result from adoption of the proposals in this NPRM.
FRA will consider all comments received in the public comment process
when making a final determination for certification of the final rule.

3. Paperwork Reduction Act

    According to the Paperwork Reduction Act of 1995 and OMB's
Implementing Guidance at 5 CFR 1320.3(c), ``collection of information
means, except as provided in section 1320.4, the obtaining, causing to
be obtained, soliciting, or requiring the disclosure to an agency,
third parties or the public of information by or for an agency by means
of identical questions posed to, or identical reporting, recordkeeping,
or disclosure requirements imposed on, ten or more persons, whether
such collection of information is mandatory, voluntary, or required to
obtain or retain a benefit.'' FRA expects that the requirements of this
proposed rule will affect less than 10 railroads or ``persons'' as
defined in 5 CFR 1320.(c)(4). Consequently, no information collection
submission is necessary, and no approval is being sought from the
Office of Management and Budget (OMB) at this time.

4. Environmental Impact

    FRA has evaluated this NPRM in accordance with its ``Procedures for
Considering Environmental Impacts'' (FRA's Procedures) (64 FR 28545,
May 26, 1999) as required by the National Environmental Policy Act (42
U.S.C. 4321 et seq.), other environmental statutes, Executive Orders,
and related regulatory requirements. FRA has determined that this
document is not a major FRA action (requiring the preparation of an
environmental impact statement or environmental assessment) because the
proposed rulemaking would not result in a change in current passenger
service; instead, the program would only potentially result in a change
in the operator of such service. In accordance with section 4(c) and
(e) of FRA's Procedures, the agency has further concluded that no
extraordinary circumstances exist with respect to this NPRM that might
trigger the need for a more detailed environmental review. As a result,
FRA finds that this NPRM is not a major Federal action significantly
affecting the quality of the human environment.

5. Federalism Implications

    Executive Order 13132, ``Federalism'' (64 FR 43255, Aug. 4, 1999),
requires FRA to develop an accountable process to ensure ``meaningful
and timely input by State and local officials in the development of
regulatory policies that have federalism implications.'' ``Policies
that have federalism implications'' are defined in the Executive Order
to include regulations that have ``substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government.'' Under Executive Order 13132, the agency
may not issue a regulation with federalism implications that imposes
substantial direct compliance costs and that is not required by
statute, unless the Federal government provides the funds necessary to
pay the direct compliance costs incurred by State and local
governments, or the agency consults with State and local government
officials early in the process of developing the regulation. Where a
regulation has federalism implications and preempts State law, the
agency seeks to consult with State and local officials in the process
of developing the regulation.
    FRA has analyzed this NPRM in accordance with the principles and

criteria contained in Executive Order 13132. This NPRM complies with a
statutory mandate, and FRA believes it is in compliance with Executive
Order 13132.
    This NPRM will not have a substantial effect on the States, on the
relationship between the Federal government and the States, or on the
distribution of power and responsibilities among the various levels of
government. In addition, this NPRM will not have any federalism
implications that impose substantial direct compliance costs on State
and local governments.

6. Unfunded Mandates Reform Act of 1995

    Pursuant to Section 201 of the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4, 2 U.S.C. 1531), each Federal agency ``shall, unless
otherwise prohibited by law, assess the effects of Federal regulatory
actions on State, local, and tribal governments, and the private sector
(other than to the extent that such regulations incorporate
requirements specifically set forth in law).'' Section 202 of the Act
(2 U.S.C. 1532) further requires that ``before promulgating any general
notice of proposed rulemaking that is likely to result in the
promulgation of any rule that includes any Federal mandate that may
result in expenditure by State, local, and tribal governments, in the
aggregate, or by the private sector, of $100,000,000 or more (adjusted
annually for inflation) in any 1 year, and before promulgating any
final rule for which a general notice of proposed rulemaking was
published, the agency shall prepare a written statement'' detailing the
effect on State, local, and tribal governments and the private sector.
This monetary amount of $100,000,000 has been adjusted to $140,800,000
to account for inflation. This proposed rule would not result in the
expenditure of more than $140,800,000 by the public sector in any one
year, and thus preparation of such a statement is not required.

7. Energy Impact

    Executive Order 13211 requires Federal agencies to prepare a
Statement of Energy Effects for any ``significant energy action.'' 66
FR 28355 (May 22, 2001). Under the Executive Order, a ``significant
energy action'' is defined as any action by an agency (normally
published in the Federal Register) that promulgates or is expected to
lead to the promulgation of a final rule or regulation, including
notices of inquiry, advance notices of proposed rulemaking, and notices
of proposed rulemaking that: (1)(i) Is a significant regulatory action
under Executive Order 12866 or any successor order, and (ii) is likely
to have a significant adverse effect on the supply, distribution, or
use of energy; or (2) is designated by the Administrator of the Office
of Information and Regulatory Affairs as a significant energy action.
FRA has evaluated this NPRM in accordance with Executive Order 13211.
FRA has determined that this NPRM will not have a significant adverse
effect on the supply, distribution, or use of energy. Consequently, FRA
has determined that this regulatory action is not a ``significant
energy action'' within the meaning of Executive Order 13211.

8. Privacy Act Information

    Interested parties should be aware that anyone is able to search
the electronic form of all written communications and comments received
into any agency docket by the name of the individual submitting the
document (or signing the document, if submitted on behalf of 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), or you may visit http://www.dot.gov/privacy.html.

List of Subjects in 49 CFR Part 269

    Railroads; Railroad employees.

The Proposed Rule

    For the reasons discussed in the preamble, FRA proposes to amend
chapter II, subtitle B of title 49, Code of Federal Regulations, as
follows:
    1. Add a new part 269 to read as follows:

PART 269--ALTERNATE PASSENGER RAIL SERVICE PILOT PROGRAM

Sec.
269.1 Purpose.
269.3 Application.
269.5 Definitions.
269.7 Petitions.
269.9 Bid Process.
269.11 Evaluation.
269.13 Award.
269.15 Access to facilities; employees.
269.17 Cessation of service.

    Authority: Sec. 214, Div. B, Pub. L. No. 110-432; 49 U.S.C.
24711; and 49 CFR 1.49.

Sec.  269.1  Purpose.

    The purpose of this part is to carry out the statutory mandate set
forth in 49 U.S.C. 24711 requiring FRA to develop a pilot program that
permits a railroad that owns infrastructure over which Amtrak operates
a passenger rail service route to petition FRA to be considered as a
passenger rail service provider over that route in lieu of Amtrak.

Sec.  269.3  Application.

    (a) Certification. This part will not be applicable to any
railroad, unless and until, the Secretary certifies that FRA has
sufficient resources that are adequate to undertake the pilot program
developed by this part. FRA will provide notice of the certification on
the FRA public Web site upon receipt.
    (b) Route Limitations. The pilot program developed by this part
will not be made available to more than two Amtrak intercity passenger
rail routes.
    (c) Time Limitations. Any railroad awarded a contract to provide
passenger rail service under the pilot program developed by this part
shall only provide such service for a period not to exceed either five
years after October 16, 2008, or a later date authorized by statute.

Sec.  269.5  Definitions.

    As used in this part--
    Act means the Passenger Rail Investment and Improvement Act of 2008
(Pub. L. 110-432, Division B (Oct. 16, 2008)).
    Administrator means the Federal Railroad Administrator, or the
Federal Railroad Administrator's delegate.
    Amtrak means the National Railroad Passenger Corporation.
    File and Filed mean submission of a document under this part on the
date the document was postmarked, or the date the document was e-mailed
to FRA.
    Financial plan means a plan that contains, for each Federal fiscal
year fully or partially covered by the bid: an annual projection of the
revenues, expenses, capital expenditure requirements, and cash flows
(from operating activities, investing activities, and financing
activities, showing sources and uses of funds) attributable to the
route; and a statement of the assumptions underlying the financial
plan's contents.
    FRA means the Federal Railroad Administration.
    Operating plan means a plan that contains, for each Federal fiscal
year fully or partially covered by the bid: a complete description of
the service planned to be offered, including the train schedules,
frequencies, equipment consists, fare structures, and such amenities as
sleeping cars and food service provisions; station locations; hours of
operation; provisions for accommodating the traveling public, including
proposed arrangements for stations shared with other routes; expected
ridership; passenger-miles; revenues by class of service between

each city-pair proposed to be served; and a statement of the
assumptions underlying the operating plan's contents.
    Passenger rail service route means those routes described in 49
U.S.C. 24102(5)(B), (C), and (D) or in 49 U.S.C. 24702.
    Petitioner means a railroad, other than Amtrak, that has submitted
a petition to FRA under section 269.7 of this part.
    Railroad means a rail carrier or rail carriers, as defined in 49
U.S.C. 10102(5).
    Secretary means the Secretary of the U.S. Department of
Transportation.

Sec.  269.7  Petitions.

    (a) In General. A railroad that owns infrastructure over which
Amtrak operates a passenger rail service route may petition FRA to be
considered as a passenger rail service provider over that route in lieu
of Amtrak for a period of time consistent with the time limitations
described in Sec.  269.3(c).
    (b) Petition Requirements. Each petition shall:
    (1) Be filed with FRA no later than 45 days after FRA provides
notice of the Secretary's certification pursuant to Sec.  269.3(a)
using the following method: e-mail to<EMAIL_ADDRESS>    (2) Describe the petition as a ``Petition to Provide Passenger Rail
Service under 49 CFR part 269''; and
    (3) Describe the route or routes over which the petitioner wants to
provide passenger rail service and the Amtrak service that the
petitioner wants to replace.
    (c) Future Petitions. In the event that a statute extends the time
period under which a railroad may provide passenger rail service
pursuant to the pilot program developed by this part, petitions under
this section shall be filed with FRA no later than 60 days after the
later of the enactment of such statutory authority or the Secretary's
issuance of the certification under Sec.  269.3(a), and shall otherwise
comply with the requirements of this part.

Sec.  269.9  Bid Process.

    (a) Amtrak Notification. FRA will notify Amtrak of any eligible
petition filed with FRA no later than 30 days after FRA's receipt of
such petition.
    (b) Bid Requirements. A petitioner and Amtrak must both file a bid
with FRA to provide passenger rail service over the route to which the
petition relates no later than 60 days after the petition deadline
established by Sec.  269.7 using the following method: e-mail to
<EMAIL_ADDRESS>Each such bid must:
    (1) Provide FRA with sufficient information to evaluate the level
of service described in the proposal, and to evaluate the proposal's
compliance with the requirements described in Sec.  269.13(b);
    (2) Describe how the bidder would operate the route. This
description must include, but is not limited to, an operating plan, a
financial plan and, if applicable, any agreement(s) necessary for the
operation of passenger service over right-of-way on the route that is
not owned by the railroad. In addition, if the bidder intends to
generate any revenues from ancillary activities (i.e., activities other
than passenger transportation, accommodations, and food service) as
part of its proposed operation of the route, then the bidder must fully
describe such ancillary activities and identify their incremental
impact in all relevant sections of the operating plan and the financial
plan, and on the route's performance under the financial and
performance metrics developed pursuant to Sec.  207 of the Act,
together with the assumptions underlying the estimates of such
incremental impacts;
    (3) Describe what Amtrak passenger equipment would be needed, if
any;
    (4) Describe in detail, including amounts, timing, and intended
purpose, what sources of Federal and non-Federal funding the bidder
would use, including but not limited to any Federal or State operating
subsidy and any other Federal or State payments;
    (5) Contain a staffing plan describing the number of employees
needed to operate the service, the job assignments and requirements,
and the terms of work for prospective and current employees of the
bidder for the service outlined in the bid; and
    (6) Describe how the passenger rail service would comply with the
financial and performance metrics developed pursuant to Sec.  207 of
the Act. At a minimum, this description must include, for each Federal
fiscal year fully or partially covered by the bid: a projection of the
route's expected on-time performance and train delays according to the
metrics developed pursuant to Sec.  207 of the Act; and the net cash
used in operating activities per passenger-mile attributable to the
route.
    (c) Supplemental Information. FRA may request supplemental
information from a petitioner and/or Amtrak where FRA determines such
information is needed to evaluate a bid. In such a request, FRA will
establish a deadline by which the supplemental information must be
filed with FRA.

Sec.  269.11  Evaluation.

    FRA will select a winning bidder by evaluating the bids against the
financial and performance metrics developed under Sec.  207 of the Act
and the requirements of this part, and will give preference in awarding
contracts to bidders seeking to operate routes that have been
identified as one of the five worst performing Amtrak routes under 49
U.S.C. 24710.

Sec.  269.13  Award.

    (a) Award. FRA will execute a contract with the winning bidder(s),
consistent with the requirements of this section and as FRA may
otherwise require, no later than 90 days after the bid deadline
established by Sec.  269.9(b). FRA will provide timely notice of these
selections to all petitioners and Amtrak.
    (b) Contract Requirements. Among other things, the contract between
FRA and a winning bidder shall:
    (1) Award to the winning bidder the right and obligation to provide
passenger rail service over that route subject to such performance
standards as FRA may require, consistent with the standards developed
under Sec.  207 of the Act, for a duration consistent with Sec.
269.3(c);
    (2) Award to the winning bidder an operating subsidy for the first
year at a level not in excess of the level in effect during the fiscal
year preceding the fiscal year in which the petition was received,
adjusted for inflation, and for any subsequent years at such level,
adjusted for inflation;
    (3) Condition the operating and subsidy rights upon the winning
bidder continuing to provide passenger rail service on the route that
is no less frequent, nor over a shorter distance, than Amtrak provided
on that route before the award;
    (4) Condition the operating and subsidy rights upon the winning
bidder's compliance with the minimum standards established under Sec.
207 of the Act and such additional performance standards as FRA may
establish; and
    (5) Subject the winning bidder to the grant conditions established
by 49 U.S.C. 24405.
    (c) Staffing Plan Publication. The winning bidder shall make their
staffing plan required by Sec.  269.9(b)(4) available to the public
after the bid award.

Sec.  269.15  Access to facilities; employees.

    (a) Access to Facilities. If the award under Sec.  269.13 is made
to a railroad other than Amtrak, Amtrak must provide access to its
reservation system, stations, and facilities directly related to
operations to the winning bidder awarded a contract under this part, in
accordance with Sec.  217 of the Act, necessary to carry out the
purposes of this part.

    (b) Employees. The employees of any person used by a railroad in
the operation of a route under this part shall be considered an
employee of that railroad and subject to the applicable Federal laws
and regulations governing similar crafts or classes of employees of
Amtrak, including provisions under Sec.  121 of the Amtrak Reform and
Accountability Act of 1997 relating to employees who provide food and
beverage service.
    (c) Hiring Preference. The winning bidder shall provide hiring
preference to qualified Amtrak employees displaced by the award of the
bid, consistent with the staffing plan submitted by the winning bidder.

Sec.  269.17  Cessation of service.

    If a railroad awarded a route under this part ceases to operate the
service or fails to fulfill its obligations under the contract required
under Sec.  269.13, the Administrator, in collaboration with the
Surface Transportation Board, shall take any necessary action
consistent with title 49 of the United States Code to enforce the
contract and ensure the continued provision of service, including the
installment of an interim service provider and re-bidding the contract
to operate the service. The entity providing service shall either be
Amtrak or a railroad eligible for this pilot program under Sec.  269.7.

    Issued in Washington DC on August 29, 2011.
Karen J. Rae,
Deputy Administrator, Federal Railroad Administration.
[FR Doc. 2011-22699 Filed 9-6-11; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 77, Number 201 (Wednesday, October 17, 2012)]
[Notices]
[Page 63809]
[FR Doc No: 2012-25532]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 2

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

    Docket Numbers: ER12-1875-001.
    Applicants: AltaGas Renewable Energy Colorado LLC.
    Description: Informational Filing Regarding MBR Tariff Effective
Date to be effective N/A.
    Filed Date: 10/10/12.
    Accession Number: 20121010-5040.
    Comments Due: 5 p.m. ET 10/31/12.

    Docket Numbers: ER12-2381-000.
    Applicants: MP2 Energy NE LLC.
    Description: MP2 Energy NE LLC submits response to September 11,
2012 letter requesting additional information.
    Filed Date: 10/10/12.
    Accession Number: 20121010-5125.
    Comments Due: 5 p.m. ET 10/31/12.

    Docket Numbers: ER13-57-000.
    Applicants: Dominion Energy New England, LLC.
    Description: Cancellation of MBR Tariff and Tariff ID to be
effective 10/11/2012.
    Filed Date: 10/10/12.
    Accession Number: 20121010-5060.
    Comments Due: 5 p.m. ET 10/31/12.

    Docket Numbers: ER13-58-000.
    Applicants: Rail Splitter Wind Farm, LLC.
    Description: First Revised MBR to be effective 10/11/2012.
    Filed Date: 10/10/12.
    Accession Number: 20121010-5065.
    Comments Due: 5 p.m. ET 10/31/12.

    Docket Numbers: ER13-59-000.
    Applicants: Pioneer Prairie Wind Farm I, LLC.
    Description: First Revised MBR to be effective 10/11/2012.
    Filed Date: 10/10/12.
    Accession Number: 20121010-5066.
    Comments Due: 5 p.m. ET 10/31/12.

    .Docket Numbers: ER13-60-000.
    Applicants: Lost Lakes Wind Farm LLC.
    Description: First Revised MBR to be effective 10/11/2012.
    Filed Date: 10/10/12.
    Accession Number: 20121010-5067.
    Comments Due: 5 p.m. ET 10/31/12.

    Docket Numbers: ER13-61-000.
    Applicants: High Prairie Wind Farm II, LLC.
    Description: First Revised MBR to be effective 10/11/2012.
    Filed Date: 10/10/12.
    Accession Number: 20121010-5068.
    Comments Due: 5 p.m. ET 10/31/12.

    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: October 10, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-25532 Filed 10-16-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: July 14, 2010 (Volume 75, Number 134)]
[Notices]
[Page 40805-40808]
[DOCID:fr14jy10-48]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 2

July 2, 2010.
    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER10-1649-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc
submits proposed revisions to the Coordination Agreement with
Independent Electricity System Operator.
    Filed Date: 06/30/2010.
    Accession Number: 20100630-0234.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 21, 2010.

    Docket Numbers: ER10-1650-000.
    Applicants: New England Power Pool Participants Committee.
    Description: The New England Power Pool Participants Committee
submits transmittal letter along with counterpart signature pages of
the Agreement dated 9/1/71 etc.
    Filed Date: 06/30/2010.
    Accession Number: 20100630-0233.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 21, 2010.

    Docket Numbers: ER10-1653-000.
    Applicants: ISO New England and NEPOOL.
    Description: ISO New England Inc et al submits transmittal letter
and Fourth Revised Sheet 7319B et al to FERC Electric Tariff 3- Section
III- Market Rule 1- Standard Market Design etc.
    Filed Date: 06/30/2010.
    Accession Number: 20100630-0221.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 21, 2010.

    Docket Numbers: ER10-1654-000.
    Applicants: Connecticut Light & Power Company.
    Description: The Connecticut Light and Power Company submits
Interconnection Agreement with Covanta Projects of Wallingford, LP etc.
    Filed Date: 06/30/2010.
    Accession Number: 20100630-0219.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 21, 2010.

    Docket Numbers: ER10-1655-000.
    Applicants: MATEP, Inc.
    Description: MATEP Limited Partnership submits Notice of Succession
to New MATEP, Inc's market- based rate tariff.
    Filed Date: 06/30/2010.
    Accession Number: 20100630-0220.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 21, 2010.

    Docket Numbers: ER10-1659-000.
    Applicants: PSEG Nuclear LLC.
    Description: PSEG Nuclear LLC submits tariff filing per 35.12:
Baseline Filing of Market-Based Rates Tariff Under Order No. 714 to be
effective 7/1/2010.
    Filed Date: 07/01/2010.
    Accession Number: 20100701-5008.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 22, 2010.

    Docket Numbers: ER10-1660-000.
    Applicants: PSEG Fossil LLC.
    Description: PSEG Fossil LLC submits tariff filing per 35.12:
Baseline Filing of Market-Based Rate Tariff Under Order No. 714 to be
effective 7/1/2010.
    Filed Date: 07/01/2010.
    Accession Number: 20100701-5011.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 22, 2010.

    Docket Numbers: ER10-1661-000.
    Applicants: PSEG Power Connecticut LLC.
    Description: PSEG Power Connecticut LLC submits tariff filing per
35.12: Baseline Filing of Market-Based Rate Tariff under Order No. 714
to be effective 7/1/2010.
    Filed Date: 07/01/2010.
    Accession Number: 20100701-5012.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 22, 2010.

    Docket Numbers: ER10-1662-000.
    Applicants: PSEG Energy Resources & Trade LLC.
    Description: PSEG Energy Resources & Trade LLC submits tariff
filing per 35.12: Baseline Filing of Market-Based Rate Tariff under
Order No. 714 to be effective 7/1/2010.
    Filed Date: 07/01/2010.
    Accession Number: 20100701-5013.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 22, 2010.

    Docket Numbers: ER10-1663-000.
    Applicants: PSEG Energy Resources & Trade LLC.
    Description: PSEG Energy Resources & Trade LLC submits tariff
filing per 35.12: Baseline Filing of Reactive Power Tariff Under No.
714 to be effective 7/1/2010.
    Filed Date: 07/01/2010.
    Accession Number: 20100701-5015.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 22, 2010.

    Docket Numbers: ER10-1664-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits an executed Service
Agreement for Network Integration Transmission Service.
    Filed Date: 06/30/2010.
    Accession Number: 20100701-0201.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 21, 2010.

    Docket Numbers: ER10-1665-000.
    Applicants: Xcel Energy Services Inc.
    Description: Public Service Company of Colorado submits an
informational filing re the Letter of Agreement.
    Filed Date: 06/30/2010.
    Accession Number: 20100701-0202.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 21, 2010.

    Docket Numbers: ER10-1666-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits proposed revisions to its Open Access Transmission, Energy and
Operating Reserve Markets Tariff to be effective 9/1/10.
    Filed Date: 06/30/2010.
    Accession Number: 20100701-0204.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 21, 2010.

    Docket Numbers: ER10-1667-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits two executed
service agreements for Firm Point-to-Point Transmission Service with
Kansas City Power & Light Company etc.
    Filed Date: 06/30/2010.
    Accession Number: 20100701-0203.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 21, 2010.

    Docket Numbers: ER10-1668-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc
submits proposed revisions to its Open Access Transmission, Energy and
Operating Reserve Market Tariff etc.
    Filed Date: 06/30/2010.
    Accession Number: 20100701-0239.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 21, 2010.

    Docket Numbers: ER10-1669-000.
    Applicants: Cleco Power LLC.
    Description: Cleco Power LLC submits a Service Agreement for
Network Integration Transmission Service with Entergy Gulf States
Louisiana LL etc.
    Filed Date: 06/30/2010.
    Accession Number: 20100701-0205.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 21, 2010.

    Docket Numbers: ER10-1670-000.
    Applicants: North Western Energy.
    Description: North Western Corporation submits Clean and Redlined
Version of Third Revised Sheet 25 et al to their Rate Schedule FERC 188
etc.
    Filed Date: 06/30/2010.
    Accession Number: 20100701-0206.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 21, 2010.

    Docket Numbers: ER10-1671-000.
    Applicants: RRI Energy Services, Inc.
    Description: RRI Energy Services, Inc. submits tariff filing per
35.12: Baseline Filing to be effective 8/1/2010.
    Filed Date: 07/01/2010.
    Accession Number: 20100701-5045.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 22, 2010.

    Docket Numbers: ER10-1672-000.
    Applicants: Old Dominion Electric Cooperative.
    Description: Old Dominion Electric Cooperative submits an executed
Mutual Operating Agreement, designated as Original Service Agreement
2542.
    Filed Date: 07/01/2010.
    Accession Number: 20100701-0248.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 22, 2010.

    Docket Numbers: ER10-1673-000.
    Applicants: Synergics Roth Rock North Wind Energy, LLC.
    Description: Synergics Roth Rock North Wind Energy, LLC submits an
application for authorization to sell energy and capacity in wholesale
transactions at negotiated, market-based rates.
    Filed Date: 07/01/2010.
    Accession Number: 20100701-0249.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 22, 2010.

    Docket Numbers: ER10-1675-000.
    Applicants: Wisconsin Electric Power Company.
    Description: Wisconsin Electric Power Company submits Notice of
Termination of FERC Electric Tariff, Original Volume 9, Service
Agreement 1.
    Filed Date: 07/01/2010.
    Accession Number: 20100701-0275.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 22, 2010.

    Docket Numbers: ER10-1676-000.
    Applicants: Entergy Services, Inc.
    Description: Entergy submits amendments to Service Schedule MSS-3
and Service Schedule MSS-4 of Entergy System Agreement.
    Filed Date: 06/30/2010.
    Accession Number: 20100701-0253.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 21, 2010.

    Docket Numbers: ER10-1677-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits proposed amendments to its Open Access Transmission, Energy and
Operating Reserve Markets Tariff.
    Filed Date: 07/01/2010.
    Accession Number: 20100701-0225.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 22, 2010.

    Docket Numbers: ER10-1678-000.
    Applicants: Berkshire Power Company, LLC.
    Description: Berkshire Power Company, LLC submits Notice of
Cancellation of its Rate Schedule FERC No 2.
    Filed Date: 07/01/2010.
    Accession Number: 20100701-0224.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 22, 2010.

    Docket Numbers: ER10-1679-000.
    Applicants: Allegheny Power.
    Description: Allegheny Power et al. submits revised Interconnection
Agreement dated as of 8/26/09 designated as First Revised Service
Agreement 2149 to FERC Electric Tariff, 6R1.
    Filed Date: 07/01/2010.
    Accession Number: 20100701-0223.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 22, 2010.

    Docket Numbers: ER10-1680-000.
    Applicants: Ally Energy, LLC.
    Description: Ally Energy, LLC submits Application for Market-Based
Rate Authorization, Designation of Category 1 Status, and Request for
Waivers and Blanket Approvals.
    Filed Date: 07/01/2010.
    Accession Number: 20100701-0222.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 22, 2010.

    Docket Numbers: ER10-1681-000.
    Applicants: Allegheny Energy Service Corporation.
    Description: Allegheny Energy Service Corporation submits revised
Borderline Interchange Agreement with Virginia Electric and Power
Company etc.
    Filed Date: 07/01/2010.
    Accession Number: 20100701-0221.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 22, 2010.

    Docket Numbers: ER10-1682-000.
    Applicants: Virginia Electric and Power Company.
    Description: Dominion Virginia Power submits revised and executed
Mutual Operating Agreement with Old Dominion Electric Cooperative.
    Filed Date: 07/01/2010.
    Accession Number: 20100701-0220.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 22, 2010.

    Docket Numbers: ER10-1683-000.
    Applicants: Virginia Electric and Power Company.
    Description: Virginia Electric and Power Company submits tariff
filing per 35.13(a)(2)(iii): VEPCO--Third Revised Rate Schedule FERC
No. 122 to be effective 6/30/2010.
    Filed Date: 07/01/2010.
    Accession Number: 20100701-5102.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 22, 2010.

    Docket Numbers: ER10-1684-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits an executed Service
Agreement for Network Integration Transmission Service with Kansas City
Power etc.
    Filed Date: 07/01/2010.
    Accession Number: 20100701-0229.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 22, 2010.

    Docket Numbers: ER10-1685-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits an executed Service
Agreement for Network Integration Transmission Service with Grand River
Dam Authority etc.
    Filed Date: 07/01/2010.
    Accession Number: 20100701-0228.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 22, 2010.

    Docket Numbers: ER10-1686-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits an executed Service
Agreement for Network Integration Transmission Service.
    Filed Date: 07/01/2010.
    Accession Number: 20100701-0230.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 22, 2010.

    Docket Numbers: ER10-1687-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits notice of
cancellation of the Meter Agent Services Agreement with Kansas Power
Pool etc.
    Filed Date: 07/01/2010.
    Accession Number: 20100701-0227.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 22, 2010.

    Docket Numbers: ER10-1688-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits First Revised
Service Agreement 1822, First Revised Volume No. 1.
    Filed Date: 07/01/2010.
    Accession Number: 20100701-0265.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 22, 2010.

    Docket Numbers: ER10-1689-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits Tenth Revised
Service Agreement 1166, Fifth Revised Volume 1.
    Filed Date: 07/01/2010.
    Accession Number: 20100701-0264.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 22, 2010.

    Docket Numbers: ER10-1690-000.
    Applicants: ISO New England Inc.
    Description: ISO New England submits FERC Electric Tariff No. 3,
2nd Revised Sheet 7303.
    Filed Date: 07/01/2010.
    Accession Number: 20100701-0263.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 22, 2010.

    Docket Numbers: ER10-1691-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits First Revised
Service Agreement 1534, Fifth Revised Volume No. 1.
    Filed Date: 07/01/2010.
    Accession Number: 20100701-0262.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 22, 2010.
    Take notice that the Commission received the following public
utility holding company filings:
    Docket Numbers: PH10-7-001.
    Applicants: BlackRock, Inc.
    Description: Notification of Material Change in Facts of BlackRock,
Inc.
    Filed Date: 06/28/2010.
    Accession Number: 20100628-5221.
    Comment Date: 5 p.m. Eastern Time on Monday, July 19, 2010.
    Take notice that the Commission received the following electric
reliability filings:
    Docket Numbers: RR06-1-024; RR07-8-004; RR07-8-005.
    Applicants: North American Electric Reliability Corporation.
    Description: North American Electric Reliability Corporation, on
behalf of itself and FRCC, submits a compliance filing in response to
Paragraphs 127 and 128 of the December 19, 2008 Order.
    Filed Date: 06/30/2010.
    Accession Number: 20100630-5113.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 21, 2010.

    Docket Numbers: RR07-3-004; RR07-3-005; RR06-1-025.
    Applicants: North American Electric Reliability Corporation.
    Description: North American Electric Reliability Corporation, on
behalf of itself and NPCC, submits a compliance filing in response to
Paragraph 94 of the December 19, 2008 Order.
    Filed Date: 06/30/2010.
    Accession Number: 20100630-5111.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 21, 2010.
    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that

document on the Applicant. In reference to filings initiating a new
proceeding, interventions or protests submitted on or before the
comment deadline need not be served on persons other than the
Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St. NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed 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>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2010-17148 Filed 7-13-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 74, Number 124 (Tuesday, June 30, 2009)]
[Rules and Regulations]
[Pages 31172-31173]
[FR Doc No: E9-15332]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-1271; Airspace Docket No. 08-AGL-18]

Amendment of Class E Airspace; Mansfield, OH

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class E airspace at Mansfield, OH.
Additional controlled airspace is necessary to accommodate Area
Navigation (RNAV) Standard Instrument Approach Procedures (SIAP) at
Mansfield Lahm Regional Airport, Mansfield, OH. The FAA is taking this
action to enhance the safety and management of Instrument Flight Rule
(IFR) operations at Mansfield Lahm Regional Airport. This action also
updates the airport name to Mansfield Lahm Regional Airport and updates
the geographic coordinates of Shelby Community Airport and Willard
Airport.

DATES: 0901 UTC, October 22, 2009. The Director of the Federal Register
approves this incorporation by reference action under 1 CFR part 51,
subject to the annual revision of FAA Order 7400.9 and publication of
conforming amendments.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone (817) 321-
7716.

SUPPLEMENTARY INFORMATION:

History

    On April 27, 2009, the FAA published in the Federal Register a
notice of proposed rulemaking to amend Class E airspace at Mansfield,
OH, adding additional controlled airspace at Mansfield Lahm Regional
Airport, Mansfield, OH. (74 FR 19030, Docket No. FAA-2008-1271).
Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal to the FAA. No
comments were received. Class E airspace designations are published in
paragraph 6005 of FAA Order 7400.9S signed October 3, 2008, and
effective October 31, 2008, 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 Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
Part 71 by amending Class E airspace at Mansfield, OH, adding
additional controlled airspace extending upward from 700 feet above the
surface at Mansfield Lahm Regional Airport, Mansfield, OH, for the
safety and management of IFR operations. This action also updates the
airport name to Mansfield Lahm Regional Airport and updates the
geographic coordinates of Shelby Community Airport and Willard Airport.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation: (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 U.S. Code. Subtitle 1, 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 adds additional controlled airspace at Mansfield Lahm Regional
Airport, Mansfield, OH.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

0
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 14 CFR 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 the Federal
Aviation Administration Order 7400.9S, Airspace Designations and
Reporting Points, signed October 3, 2008, and effective October 31,
2008, is amended as follows:

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

* * * * *

AGL OH E5 Mansfield, OH [Amended]

Mansfield, Mansfield Lahm Regional Airport, OH
    (Lat. 40[deg]49'17'' N., long. 82[deg]31'00'' W.)
Galion, Galion Municipal Airport, OH
    (Lat. 40[deg]45'12'' N., long. 82[deg]43'26'' W.)
Shelby, Shelby Community Airport, OH
    (Lat. 40[deg]52'22'' N., long. 82[deg]41'51'' W)
Willard, Willard Airport, OH
    (Lat. 41[deg]02'20'' N., long. 82[deg]43'28'' W.)
Mansfield VORTAC
    (Lat. 40[deg]52'07'' N., long. 82[deg]35'28'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.9-mile radius of Mansfield Lahm Regional Airport and
within a 6.3-mile radius of Galion Municipal Airport, and within a
6.3-mile radius of Shelby Community Airport, and within a 6.3-mile
radius of Willard Airport, and within 4 miles each side of the
137[deg] bearing from Mansfield Lahm Regional Airport extending from
the 6.9-mile radius to 11.1 miles southeast of the airport, and
within 4 miles each side of the 317[deg] bearing from Mansfield Lahm
Regional Airport extending from the 6.9-mile radius to 10.7 miles
northwest of the airport, and within 6.1 miles each side of the
Mansfield VORTAC 307[deg] radial extending from the 6.9-mile radius
to 13.3 miles northwest of the VORTAC, and within 4.4 miles each
side of the Mansfield VORTAC 130[deg] radial extending from the 6.9-
mile radius to 13.8 miles southeast of the VORTAC.
* * * * *

    Issued in Fort Worth, Texas, on June 19, 2009.
Anthony D. Roetzel,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. E9-15332 Filed 6-29-09; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 37 (Tuesday, February 25, 2020)]
[Proposed Rules]
[Pages 10640-10642]
[FR Doc No: 2020-03202]

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

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0103]
RIN 1625-AA00

Safety Zone; Ohio River, Troy, IN

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for all navigable waters of the Ohio River from mile marker (MM)
731.0 to MM 734.0. This action is necessary to provide for the safety
of life on these navigable waters near Troy, IN, during a wire-crossing
event. Entry into, transiting through, or anchoring within this zone is
prohibited unless authorized by the Captain of the Port Sector Ohio
Valley (COTP) or a designated representative. We invite your comments
on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before March 26, 2020.

ADDRESSES: You may submit comments identified by docket number USCG-
2020-0103 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 on this rule,
call or email MST3 Riley Jackson, Waterways Department Sector Ohio
Valley, 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

    On July 22, 2019, the Coast Guard was notified of a wire crossing
event that will take place on the Ohio River, between Mile Marker (MM)
731.0 & 734.0 from 7 a.m. through 6 p.m. each day from April 14, 2020,
through April 23, 2020. The Captain of the Port Sector Ohio Valley
(COTP) has determined that potential hazards associated with the wire
crossing would be a safety concern for anyone within a three mile
radius of the construction area.
    The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within the three-mile stretch of the Ohio
River before, during, and after the scheduled event. The Coast Guard is
proposing this rulemaking under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231).

III. Discussion of Proposed Rule

    The COTP is proposing to establish a temporary safety zone from 7
a.m. through 6 p.m. on each day from April 14, 2020 through April 23,
2020. The temporary safety zone would cover all navigable waters on the
Ohio River extending from MM 731.0 to MM 734.0. The duration of the
zone is intended to ensure the safety of life & property within the
three-mile stretch of the Ohio River before, during, and after the
scheduled wire crossing. No vessel or person would be permitted to
enter the temporary safety zone without obtaining permission from the
COTP or a designated representative.

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, and duration of the temporary safety zone. The temporary
safety zone would only be in effect for 11 hours each day over ten days
and limit access to a three-mile stretch of the Ohio River. The Coast
Guard expects minimum adverse impact to mariners. Also, mariners would
be permitted to request authorization from the COTP or a designated
representative to transit the temporary safety 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 call or email 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 call or email 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, 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 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 11 hours each day over 10 days, which would prohibit entry
within a 3-mile stretch of the Ohio River. 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. 1. A
preliminary 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. 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 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.

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 https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, call or email 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
submissions in response to this document, see DHS's Correspondence
System of Records notice (84 FR 48645, September 26, 2018).
    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 is
proposing to amend 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. 0170.1.

0
2. Add Sec.  165.T08-0103 to read as follows:

Sec.  165.T08-0103  Safety Zone; Ohio River, Troy, IN.

    (a) Location. The following area is a temporary safety zone: All
navigable

waters of the Ohio River between MM 731.0 to MM 734.0 in Troy, IN.
    (b) Effective period. This temporary safety zone will be in effect
from April 14, 2020 through April 23, 2020.
    (b) Period of enforcement. This temporary safety zone will be
enforced from 7 a.m. through 6 p.m. each day from April 14, 2020,
through April 23, 2020.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into this zone is prohibited unless
specifically authorized by the Captain of the Port Sector Ohio Valley
(COTP) or a designated representative. Persons or vessels desiring to
enter into or pass through the zone must request permission from the
COTP or a designated representative. They may be contacted on VHF-FM
radio channel 16 or phone at 1-800-253-7465.
    (2) Persons and vessels permitted to enter this safety zone must
transit at the slowest safe speed and comply with all lawful directions
issued by the COTP or a designated representative.
    (d) Informational broadcasts. The COTP or a designated
representative will inform the public through Broadcast Notices to
Mariners and the Local Notice to Mariners of the enforcement period for
the temporary safety zone as well as any changes in the planned
schedule.

    Dated: February 13, 2020.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2020-03202 Filed 2-24-20; 8:45 am]
 BILLING CODE 9110-04-P