[Federal Register Volume 84, Number 82 (Monday, April 29, 2019)]
[Rules and Regulations]
[Pages 17942-17944]
[FR Doc No: 2019-08606]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 21

[Docket No. FAA-2018-0379]

Airworthiness Criteria: Special Class Airworthiness Criteria for
the Yamaha Fazer R

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of issuance of airworthiness criteria.

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

SUMMARY: The FAA announces airworthiness criteria for a special class
of aircraft, the Yamaha Motor Corporation, U.S.A., model Fazer R, which
is an unmanned aircraft system. It designates airworthiness criteria
found by the FAA to provide an equivalent level of safety to existing
standards.

DATES: These airworthiness design criteria are effective May 29, 2019.

FOR FURTHER INFORMATION CONTACT: Mr. Quentin Coon, AIR-692, Federal
Aviation Administration, Policy and Innovation Division, Small Airplane
Standards Branch, Aircraft Certification Service, 901 Locust, Room 301,
Kansas City, MO 64106, telephone<PHONE_NUMBER>, facsimile (816) 329-
4090.

SUPPLEMENTARY INFORMATION:

Background

    Yamaha Motor Corporation, U.S.A. (Yamaha) applied to the FAA on
April 28, 2017 for special class type certification under Title 14,
Code of Federal Regulations (14 CFR) 21.17(b) for the Fazer R Unmanned
Aircraft System (UAS). The Fazer R UAS (Fazer R) consists of the
Unmanned Aircraft (UA), flight transmitter ground control

station, and payload spray system. The Fazer R is a vertical take-off
UAS that is of the traditional main/tail rotor helicopter design. Its
intended primary use is conducting crop-spraying operations in the
agricultural industry.
    The aircraft and payload spray system would weigh approximately 244
pounds with full fuel and oil tanks, and be able to carry a payload of
approximately 105 pounds. The main rotor is just over nine feet in
diameter, and the aircraft would be just over three feet high and 12
feet long with a carbon frame. The aircraft would be powered by a fuel-
injected 2-cylinder engine running on regular gasoline. The aircraft
would have a ``Turn Assistance'' function that enables automatic
turning to facilitate back-and-forth agricultural operations.

Discussion of Comments

    Notice of proposed airworthiness design criteria for the Yamaha
Fazer R UAS was published in the Federal Register on May 1, 2018 (83 FR
19021). The FAA received comments from two commenters.
    One individual requested the FAA consider limiting operations to
remotely populated areas and requiring primary operations of spraying,
sensing, and imaging and two persons for operation. The commenter
stated these considerations are necessary because of the agricultural
requirements for the aircraft. The commenter also stated these
requirements should be the minimum requirements for all UAS, and not
only the Fazer R.
    Under the Concept of Operations submitted by the applicant for the
Fazer R, the primary operations are agricultural spraying, sensing, and
imaging in remote, uninhabited areas such as farms and fields, and the
aircraft has a required minimum crew of two persons. No changes to
these airworthiness criteria are necessary as a result of this comment.
The request to apply these requirements to all UAS is beyond the scope
of this notice.
    Another individual requested the FAA consider the possible risks--
fuel and security of the system--associated with the insecticide
carried by the Fazer R.
    The applicant's documentation identifies and provides appropriate
mitigation for these risks. No changes to these airworthiness criteria
are necessary as a result of this comment.

Conclusion

    After review of the comments, the FAA sees no need to modify the
proposed airworthiness criteria. Accordingly, the airworthiness
criteria, as proposed, are adopted as the certification basis for the
Yamaha Fazer R under the provisions of 14 CFR 21.17(b).

The Airworthiness Design Criteria

    The FAA finds that compliance with the following will appropriately
mitigate the risks associated with the proposed design and Concept of
Operations (CONOPS) and provide an equivalent level of safety to
existing rules:
    Concept of Operations: The applicant must define and submit to the
FAA a (CONOPS) proposal describing the intended Fazer R operation in
the National Airspace System (NAS).
    Accepted Means of Compliance:
    1. The applicant must comply with these airworthiness criteria
using a means of compliance, which may include consensus standards,
accepted by the FAA.
    2. The applicant requesting acceptance of a means of compliance
must provide the means of compliance to the FAA in a form and manner
acceptable to the FAA.
    Operational Envelope and Limitations: The operational envelope and
operational limitations must be defined as follows:
    1. The Fazer R must be shown to perform as intended within the
defined operational envelope and operational limitations.
    2. The Fazer R must be consistently and predictably controllable
and maneuverable within the operating envelope, including:
    (a) At all loading conditions for which certification is requested;
    (b) During all phases of flight; and
    (c) During configuration changes.
    Instructions for Continued Airworthiness: The applicant must
prepare Instructions for Continued Airworthiness (ICA) for the Fazer R
that are acceptable to the FAA. The ICA may be incomplete at type
certification if a program exists to ensure their completion prior to
delivery of the first Fazer R or issuance of a standard certificate of
airworthiness, whichever occurs later.
    The ICA must contain a section titled Airworthiness Limitations
that is segregated and clearly distinguishable from the rest of the
document. This section must set forth each mandatory replacement time,
structural inspection interval, and related structural inspection
procedure required for type certification. If the ICA consist of
multiple documents, the section required by this paragraph must be
included in the principal manual. This section must contain a legible
statement in a prominent location that reads ``The Airworthiness
Limitations section is FAA approved and specifies maintenance conducted
under Sec. Sec.  43.16 and 91.403 of Title 14 of the Code of Federal
Regulations unless an alternative program has been FAA approved.''
    Flight Manual: The applicant must provide a UAS Flight Manual with
each Fazer R. The UAS Flight Manual must contain the following
information--
    (a) Fazer R operating limitations;
    (b) Fazer R normal and emergency operating procedures;
    (c) Performance information;
    (d) Loading information; and
    (e) Other information that is necessary for safe operation because
of design, operating, or handling characteristics.
    Flight Testing: The Fazer R must successfully complete at least 150
hours of flight testing to determine whether there is reasonable
assurance that the Fazer R, its components, its equipment, and
structures are adequate, reliable, and function properly. The testing
must consist of:
    1. At least 50 hours with the Unmanned Aircraft (UA) at 5 percent
over maximum weight at critical weight, altitude, and temperature; and
    2. At least 100 hours in normal operations.
    Critical Parts: A critical part is a part, the failure of which
could have a catastrophic effect upon the UAS. If the type design
includes critical parts, a critical parts list must be established.
    The applicant must develop and define inspections or other
procedures to prevent failures due to degradation of critical parts.
Each of these inspections or procedures must be included in the
Airworthiness Limitations Section of the ICA.
    Controls:
    1. Flight Controls: The applicant must design the flight control
systems and control station to:
    (a) Operate easily, smoothly, and positively enough to allow proper
performance of their functions, and
    (b) Protect against likely hazards.
    2. Flight Crew Interface: The control station must be designed to
allow the flight crew to perform their duties and to perform any
maneuvers within the operating envelope of the Fazer R, without
excessive concentration, skill, alertness, or fatigue considering the
intended operating conditions for the control station.
    3. Equipment: The applicant must define and install necessary
equipment so the flight crew can monitor and perform defined tasks
associated with the intended functions of the systems and equipment.
    4. Flight Crew Error: The UAS must be designed to minimize flight
crew errors

which could result in additional hazards.
    Flight Termination System:
    1. There must be a means for the flight crew to quickly and safely
terminate the UA flight.
    2. The Fazer R must have a means to safely terminate the UA flight
when safe operation cannot continue or be maintained.
    3. There must be means to prevent inadvertent operation of the
flight termination system.
    Engine and Engine Control System:
    1. The Fazer R Engine and Engine Control System includes each
component necessary for propulsion or which affects propulsion safety.
    2. The Fazer R Engine and Engine Control System installation must
be designed, constructed, installed, and maintained to ensure its
continued safe operation within the operational envelope between normal
inspections and overhauls.
    3. The Fazer R Engine Control System including any Engine Control
Unit (ECU) software or electronic hardware must be designed and
developed using methods accepted by the FAA.
    4. The applicant must identify the Fazer R Engine and Engine
Control System failure modes and effects that may result in a
catastrophic condition to the UAS. The applicant must mitigate each
hazard to a level acceptable to the FAA.
    5. The Fazer R Engine and Engine Control System operability,
durability and reliability must be demonstrated.
    Powerplant Installation:
    1. The powerplant installation includes each part of the Fazer R
(other than the main and auxiliary rotor structures) that--
    (a) Is necessary for propulsion;
    (b) Affects the control of the major propulsive units; or
    (c) Affects the safety of the major propulsive units between normal
inspections or overhauls.
    2. Each component of the powerplant installation must be
constructed, arranged, and installed to ensure its continued safe
operation between normal inspections or overhauls for the range of
temperature and altitude for which approval is requested.
    Systems and Equipment: This requirement applies to the Fazer R
unless another requirement has been imposed for a specific piece of
equipment, system, or systems. The Fazer R systems and equipment,
including any software or electronic hardware, must be designed and
developed using methods accepted by the FAA.
    1. The systems and equipment required for a Fazer R to operate
safely in the kinds of operations for which certification is requested
must be designed and installed to perform their intended function
throughout the operating and environmental limits for which the Fazer R
is certificated.
    2. All systems and equipment not covered by paragraph 1 of this
section, considered separately and in relation to other systems, must
be designed and installed so their operation or failure does not have
an adverse effect on the Fazer R.
    Communication:
    1. The applicant must define the type, methods, and operational
limits of communication, including the mitigation of any hazard created
by any loss of communication between the flight crew and between the
flight crew and the Fazer R.
    2. A means must be provided to allow for all communication
necessary to safely operate the UA.
    Interference from External Sources: The design must minimize the
risks associated with interference to Fazer R electronic systems and
networks from external sources.
    Interference with Other Aircraft or Obstacles: The Fazer R must
have a means to remain well clear of obstacles and other aircraft for
its intended operation and airspace to avoid the risk of collision.

    Issued in Kansas City, Missouri, on April 19, 2019.
Pat Mullen,
Aircraft Certification Service, Manager, Small Airplane Standards
Branch, AIR-690.
[FR Doc. 2019-08606 Filed 4-26-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 203 (Friday, October 19, 2018)]
[Notices]
[Page 53052]
[FR Doc No: 2018-22820]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER19-102-000]

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

    This is a supplemental notice in the above-referenced proceeding of
Luminant Energy Company LLC's application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is November 5, 2018.
    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
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the website that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
[email protected]. or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: October 15, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-22820 Filed 10-18-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: January 9, 2008 (Volume 73, Number 6)]
[Notices]
[Page 1657-1659]
[DOCID:fr09ja08-81]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57086; File No. SR-Phlx-2007-90]

Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.;
Notice of Filing of Proposed Rule Change and Amendment No. 1 Thereto
Relating to the $1 Strike Pilot Program

January 2, 2008.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on December 12, 2007, the Philadelphia Stock Exchange, Inc. (``Phlx''
or ``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been substantially prepared by the
Exchange. On December 28, 2007, the Exchange filed Amendment No. 1 to
the proposed rule change.\3\ The Commission is publishing this notice
to solicit comments on the proposed rule change, as amended, from
interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ The Exchange states that Amendment No. 1 to the proposed
rule change supersedes and replaces the original filing in its
entirety.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Commentary .05 to Phlx Rule 1012
(Series of Options Open for Trading) to expand the $1 Strike Pilot
Program (``$1 Pilot'') and to request permanent approval of the $1
Pilot.\4\ The text of the proposed rule change is available at the
Exchange, the Commission's Public Reference Room, and http://www.phlx.com
.

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

    \4\ The Commission approved the $1 Pilot on June 11, 2003. See
Securities Exchange Act Release No. 48013 (June 11, 2003), 68 FR
35933 (June 17, 2003) (SR-Phlx-2002-55). The $1 Pilot has
subsequently been extended through June 5, 2008. See Securities
Exchange Act Release Nos. 49801 (June 3, 2004), 69 FR 32652 (June
10, 2004) (SR-Phlx-2004-38) (extending the $1 Pilot until June 5,
2005); 51768 (May 31, 2005), 70 FR 33250 (June 7, 2005) (SR-Phlx-
2005-35) (extending the $1 Pilot until June 5, 2006); 53938 (June 5,
2006), 71 FR 34178 (June 13, 2006) (SR-Phlx-2006-36) (extending the
$1 Pilot until June 5, 2007); and 55666 (April 25, 2007), 72 FR
23879 (May 1, 2007) (SR-Phlx-2007-29) (extending the $1 Pilot until
June 5, 2008). The other options exchanges have similar $1 strike
price listing programs that were likewise extended through June 5,
2008.

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

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of the proposed rule change is to expand the number of
options classes eligible for the $1 Pilot and to request permanent
approval of the $1 Pilot and thereby provide investors with greater
flexibility in the trading of equity options that overlie lower priced
stocks and allow equity options positions that are better tailored to
meet investment objectives.
    The $1 Pilot, under the terms set forth in Commentary .05 to Phlx
Rule 1012, currently allows the Exchange to establish $1 strike price
intervals on options classes overlying no more than five individual
stocks designated by the Exchange where: (1) The underlying stock
closes below $20 on the primary market on the trading day before
selection by the Exchange; (2) the $1 strike price is from $3 to $20;
(3) the $1 strike price is no more than $5 above or below the closing
price of the underlying stock on the preceding day; and (4) the $1
strike price is not within $0.50 of an existing $2.50 strike price in
the same series. The Exchange may not list long-term option series
(``LEAPS'') at $1 strike price intervals for any class selected for the
$1 Pilot. In addition, pursuant to the $1 Pilot, the Exchange may list
$1 strike prices on any other option classes if those classes are
specifically designated by other securities exchanges that employ a
similar $1 strike price program under their respective rules.
    The Exchange proposes to expand the $1 Pilot to allow it to select
a total of 10, instead of the current 5, individual stocks on which
option series may be listed at $1 strike price intervals. Additionally,
the Exchange proposes to expand the price range on which it may list $1
strikes to $3-$50, instead of the current $3-$20. The proposed expanded
and permanent $1 Pilot would be known as the ``$1 Strike Program.'' The
Exchange notes that the existing restrictions on listing $1 strikes
would continue to apply; i.e., no $1 strike price may be listed that is
greater than $5 from the underlying stock's closing price in its
primary market on the previous day or that would result in strike
prices being $0.50 apart.
    As stated in the Commission order approving Phlx's $1 Pilot and in
the subsequent extensions of the $1 Pilot,\5\ the Exchange believes
that $1 strike price intervals provide greater trading flexibility to
investors so that they may better achieve their investment objectives.
The Exchange states that its member firms representing customers have
requested that Phlx seek to expand the $1 Pilot both in terms of the
number of classes that can be selected by the Exchange and the range in
which $1 strikes may be listed.
---------------------------------------------------------------------------

    \5\ See id.
---------------------------------------------------------------------------

    Phlx's last $1 Pilot report (the ``Report'') reviewed the
Exchange's positive experience with the $1 Pilot.\6\ The Exchange
states that the Report showed the strength and efficacy of the $1 Pilot
on the Exchange, as reflected by the increase in the percentage of $1
strikes in comparison to total options volume traded on Phlx at $1
strike price intervals and other options volume and the continuing
robust open interest of options traded on Phlx at $1 strike price
intervals. With regard to the impact on systems capacities, Phlx's
analysis of the $1 Pilot showed that the impact on Phlx's, OPRA's, and
market data vendors' respective automated systems has been negligible.
The Exchange states that, as indicated in the Report, the $1 Pilot has
not created, and in the future should not create, capacity problems for
the systems of OPRA. Phlx represents that it has sufficient capacity to
handle an expansion of the $1 Pilot, as proposed.
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 55666 (April 25,
2007), 72 FR 23879 (May 1, 2007) (SR-Phlx-2007-29) (enclosing the
Report as Exhibit 3 to the filing).
---------------------------------------------------------------------------

    Finally, because the $1 Pilot has been very successful in allowing
investors to establish equity options positions that are better
tailored to meeting their investment objectives, Phlx requests that the
$1 Pilot, as expanded, be approved on a permanent basis.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with section
6(b) of the Act,\7\ in general, and furthers the objectives of section
6(b)(5), specifically,\8\ in that it is designed to promote just and
equitable principles of trade, to perfect the mechanism of a free and
open market and the national market system, and, in general, to protect
investors and the public interest. The proposal should achieve this by
allowing continued listing of options at $1 strike price intervals
within certain parameters, thereby stimulating customer interest in
options overlying the lowest tier of stocks and creating greater
trading opportunities and flexibility and providing customers with the
ability to more closely tailor investment strategies to the precise
movement of the underlying stocks.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    The Exchange states that no written comments on the proposed rule
change were either solicited or received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission will:
    A. By order approve such proposed rule change, or
    B. Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File

Number SR-Phlx-2007-90 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-Phlx-2007-90. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-Phlx-2007-90 and should be
submitted on or before January 30, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E8-136 Filed 1-8-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 161 (Monday, August 20, 2012)]
[Rules and Regulations]
[Pages 50019-50021]
[FR Doc No: 2012-20336]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-0633]
RIN 1625-AA00

Safety Zone; Cocoa Beach Air Show, Atlantic Ocean, Cocoa Beach,
FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters of the Atlantic Ocean located east of Cocoa Beach, Florida
during the Cocoa Beach Air Show. The Cocoa Beach Air Show will include
aircraft engaging in aerobatic maneuvers. The event is scheduled to
take place on Saturday, September 22, 2012, and Sunday, September 23,
2012. The temporary safety zone is necessary for the safety of air show
participants, participant aircraft, spectators, and the general public
during the event. Persons and vessels are prohibited from entering,
transiting through, anchoring in, or remaining within the safety zone
unless authorized by the Captain of the Port Jacksonville or a
designated representative.

DATES: This rule is effective from 10 a.m. on September 22, 2012
through 5:30 p.m. on September 23, 2012. This rule will be enforced
from 10 a.m. to 5:30 p.m. on September 22, 2012, and from 10 a.m. to
5:30 p.m. on September 23, 2012.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-0633]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander Robert S. Butts, Sector Jacksonville
Prevention Department, Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing or submitting
material to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the Coast Guard did not receive
necessary information regarding the event with sufficient time to
publish an NPRM and to receive public comments prior to the event. Any
delay in the effective date of this rule would be contrary to the
public interest because immediate action is needed to minimize
potential danger to air show participants, participant aircraft,
spectators, and the general public.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and other limited access areas: 33
U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1.
    The purpose of the rule is to protect air show participants,
participant aircraft, spectators, and the general public from the
hazards associated with aircraft performing low-flying aerobatic
maneuvers, and the gathering of large numbers of spectator craft over
navigable waters of the United States.

C. Discussion of the Final Rule

    On Saturday, September 22, 2012, and Sunday, September 23, 2012,
the Brevard Air, Sea and Space foundation, is hosting the Cocoa Beach
Air Show. The Cocoa Beach Air Show will include approximately 20
aircraft engaging in aerobatic maneuvers over the Atlantic Ocean east
of Cocoa Beach, Florida. It is expected that 50 spectator vessels will
be present in the area during the event. The high speed at which
participant aircraft will be travelling and the maneuvers they will be
performing pose a safety hazard to air show participants, participant
aircraft, spectators, and the general public.
    The safety zone encompasses certain navigable waters of the
Atlantic Ocean in the vicinity of Cocoa Beach, Florida. The safety zone
will be enforced from 10 a.m. until 5:30 p.m. on Saturday, September
22, 2012, and from 10 a.m. until 5:30 p.m. on Sunday, September 23,
2012. Persons and vessels are prohibited from entering, transiting
through, anchoring in, or remaining within the safety zone unless
authorized by the Captain of the Port Jacksonville or a designated
representative. Persons and vessels desiring to enter, transit through,
anchor in, or remain within the safety zone may contact the Captain of
the Port Jacksonville by telephone at<PHONE_NUMBER>, or a designated
representative via VHF radio on channel 16, to request authorization.
The Coast Guard will provide notice of the safety zone by Local Notice
to Mariners, Broadcast Notice to Mariners, and on-scene designated
representatives.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. The economic impact of
this rule is not significant for the following reasons: (1) The safety
zone will be enforced for less than a total of 23 hours; (2) although
persons and vessels will not be able to enter, transit through, anchor
in, or remain within the safety zone without authorization from the
Captain of the Port Jacksonville or a designated representative, they
may operate in the surrounding area during the enforcement periods; (3)
persons and vessels may still enter, transit through, anchor in, or
remain within the safety zone if authorized by the Captain of the Port
Jacksonville or a designated representative; and (4) the Coast Guard
will provide advance notification of the safety zone to the local
maritime community by Local Notice to Mariners and Broadcast Notice to
Mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule may affect the following entities, some of which
may be small entities: The owners or operators of vessels intending to
enter, transit through, anchor in, or remain within that portion of the
Atlantic Ocean encompassed within the safety zone from 10 a.m. until
5:30 p.m. on September 22, 2012 and September 23, 2012. For the reasons
discussed in the Executive Order 12866 and Executive Order 13563
section above, this rule will not have a significant economic impact on
a substantial number of small entities.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process. If the rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the person listed in the FOR
FURTHER INFORMATION CONTACT, above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

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

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

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

12. Energy Effects

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

13. Technical Standards

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

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves establishing a temporary safety zone
that will be enforced for less than a total of 23 hours during the
specified operating hours of the event. This rule is categorically
excluded from further review under paragraph 34(g) of Figure 2-1 of the
Commandant Instruction. An environmental analysis checklist supporting
this determination and a Categorical Exclusion Determination are
available in the docket where indicated under ADDRESSES. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this rule.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.

0
2. Add a temporary Sec.  165.T07-0633 to read as follows:

Sec.  165.T07-0633  Safety Zone; Cocoa Beach Air Show, Atlantic Ocean,
Cocoa Beach, FL.

    (a) Regulated Area. The following regulated area is a safety zone.
All waters of the Atlantic Ocean located east of Cocoa Beach, Florida
encompassed within an imaginary line connecting the following points:
starting at Point 1 in position 28[deg]20.654' N, 80[deg]35.648' W;
thence South to Point 2 in position 28[deg]19.658' N, 80[deg]35.736' W;
thence West to Point 3 in position 28[deg]19.701' N, 80[deg]36.293' W;
thence North to Point 4 in position 28[deg]20.692' N, 80[deg]36.205' W;
thence east back to origin.
    (b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Jacksonville in the enforcement of the regulated
area.
    (c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area unless authorized by the Captain of the Port
Jacksonville or a designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the Captain of the
Port Jacksonville by telephone at<PHONE_NUMBER>, or a designated
representative via VHF radio on channel 16, to request authorization.
If authorization to enter, transit through, anchor in, or remain within
the regulated area is granted by the Captain of the Port Jacksonville
or a designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Jacksonville or a designated representative.
    (3) The Coast Guard will provide notice of the regulated area by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
    (d) Effective Date and Enforcement Periods. This rule is effective
from 10 a.m. on September 22, 2012 through 5:30 p.m. on September 23,
2012. This rule will be enforced daily from 10 a.m. until 5:30 p.m. on
September 22, 2012, and September 23, 2012.

    Dated: July 26, 2012.
R.E. Holmes,
Commander, U.S. Coast Guard, Acting Captain of the Port Jacksonville.
[FR Doc. 2012-20336 Filed 8-17-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 88, Number 150 (Monday, August 7, 2023)]
[Notices]
[Pages 52153-52154]
[FR Doc No: 2023-16776]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2561-057]

Sho-Me Power Electric Cooperative; Notice of Application for
Surrender of License Accepted for Filing, Soliciting Comments, Motions
To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Surrender of license.
    b. Project No: P-2561-057.
    c. Date Filed: June 29, 2023.
    d. Applicant: Sho-Me Power Electric Cooperative.
    e. Name of Project: Nianqua Hydroelectric Project.
    f. Location: The project is located on the Nianqua River in Camden
County, Missouri.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Peter J. Dawson, Chief Compliance Officer,
417-859-2615, [email protected].
    i. FERC Contact: Rebecca Martin,<PHONE_NUMBER>,
[email protected].
    j. Deadline for filing comments, motions to intervene, and
protests: August 31, 2023.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, and protests using the Commission's
eFiling system at http://www.ferc.gov/docs-filing/efiling.asp.
Commenters can submit brief comments up to 6,000 characters, without
prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact
information at the end of your comments. For assistance, please contact
FERC Online Support at [email protected],<PHONE_NUMBER> (toll
free), or<PHONE_NUMBER> (TTY). In lieu of electronic filing, you may
submit a paper copy. Submissions sent via the U.S. Postal Service must
be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory

Commission, 888 First Street NE, Room 1A, Washington, DC 20426.
Submissions sent via any other carrier must be addressed to: Kimberly
D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852. The first page of any filing should
include the docket number P-2561-057. Comments emailed to Commission
staff are not considered part of the Commission record.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency.
    k. Description of Request: On December 3, 2021, the licensee
determined it no longer wanted to pursue relicensing of the project and
no responses were received on the Commission's December 21, 2021,
notice soliciting notices of intent and pre-application documents from
other potential applicants. On June 29, 2023, the licensee filed an
application to surrender the license. The licensee proposes to leave
the facilities in place, including the project dam, power tunnel,
powerhouse, and associated facilities. The power canal would be drained
and sealed at both ends and the project would be disconnected from the
power grid. No ground disturbing activities are proposed with surrender
of the project license.
    l. Locations of the Application: This filing may be viewed on the
Commission's website at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. You may also register
online at http://www.ferc.gov/docs-filing/esubscription.asp to be
notified via email of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or email
[email protected], for TTY, call<PHONE_NUMBER>. Agencies may
obtain copies of the application directly from the applicant.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214, respectively. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    o. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title ``COMMENTS'', ``PROTEST'', or ``MOTION TO
INTERVENE'' as applicable; (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person commenting, protesting or intervening; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis. Any filing made by an intervenor must be accompanied
by proof of service on all persons listed in the service list prepared
by the Commission in this proceeding, in accordance with 18 CFR
385.2010.
    p. The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

    Dated: August 1, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-16776 Filed 8-4-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 195 (Tuesday, October 9, 2018)]
[Proposed Rules]
[Pages 50548-50551]
[FR Doc No: 2018-21882]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2018-0602; FRL-9985-14-Region 9]

Air Plan Approval; California; El Dorado County Air Quality
Management District; Reasonably Available Control Technology
Demonstration

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a revision to the El Dorado County Air Quality Management
District (EDCAQMD or ``District'') portion of the California State
Implementation Plan (SIP). This revision concerns the District's
demonstration regarding Reasonably Available Control Technology (RACT)
requirements for the 2008 8-hour ozone National Ambient Air Quality
Standard (NAAQS) and negative declarations for several source
categories. We are proposing action on a local SIP revision under the
Clean Air Act (CAA or ``the Act''). We are taking comments on this
proposal and plan to follow with a final action.

DATES: Any comments must arrive by November 8, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2018-0602 at https://www.regulations.gov. For comments submitted at
Regulations.gov, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e. on the web, cloud, or other file sharing system). For
additional submission methods, please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public
comment policy, information about CBI or multimedia submissions, and
general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Stanley Tong, EPA Region IX, (415)
947-4122, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.

Table of Contents

I. The State's Submittal
    A. What document did the State submit?
    B. Are there other versions of this document?
    C. What is the purpose of the submitted document?
II. The EPA's Evaluation and Proposed Action
    A. How is the EPA evaluating the submitted document?
    B. Does the submitted document meet the evaluation criteria?
    C. Public Comment and Proposed Action
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What document did the State submit?

    On January 3, 2017, the EDCAQMD adopted the ``Reasonably Available
Control Technology (RACT) State Implementation Plan (SIP) Update
Analysis Staff Report'' (``2017 RACT SIP''), and on January 4, 2017,
the California Air Resources Board (CARB) submitted it to the EPA for
approval as a revision to the California SIP. The submittal also
included EDCAQMD's Resolution 002-2017, approving the 2017 RACT SIP.
    On January 5, 2017, the EPA determined that the submittal for
EDCAQMD's 2017 RACT SIP met the completeness criteria in 40 CFR part 51
appendix V, which must be met before formal EPA review.

B. Are there other versions of this document?

    There are no previous versions of this document in the EDCAQMD
portion of the California SIP for the 2008 8-hour ozone NAAQS.

C. What is the purpose of the submitted document?

    Volatile organic compounds (VOCs) and oxides of nitrogen
(NOX) together produce ground-level ozone, smog, and
particulate matter, which harm human health and the environment.
Section 110(a) of the CAA requires states to submit regulations that
control VOC and NOX emissions. Sections 182(b)(2) and (f)
require that SIPs for ozone nonattainment areas classified as Moderate
or above implement RACT for any source covered by a Control Techniques
Guidelines (CTG) document and for any major source of VOCs or
NOX. The EDCAQMD is subject to this requirement because it
regulates a nonattainment area classified as Severe for the 2008 8-hour
ozone NAAQS. Therefore, the EDCAQMD must, at a minimum, adopt RACT-
level controls for all sources covered by a CTG document and for all
major non-CTG sources of VOCs or NOX within the
nonattainment area that it regulates. Any stationary source that emits
or has the potential to emit at least 25 tons per year (tpy) of VOCs or
NOX is a major stationary source in a Severe ozone
nonattainment area (CAA section 182(d), (f), and 302(j)).
    Section III.D of the preamble to the EPA's final rule to implement
the 2008 8-hour ozone NAAQS (80 FR 12264, March 6, 2015) discusses RACT
requirements. It states in part that RACT SIPs must contain adopted
RACT regulations, certifications where appropriate that existing
provisions are RACT, and/or negative declarations that no sources in
the nonattainment area are covered by a specific CTG. Id. at 12278. It
also provides that states must submit appropriate supporting
information for their RACT submissions as described in the EPA's
implementation rule for the 1997 ozone NAAQS. See id. and 70 FR 71612,
71652 (November 29, 2005).
    The submitted document provides EDCAQMD's analysis of its
compliance with CAA section 182 RACT requirements for the 2008 8-hour
ozone NAAQS. The EPA's technical support document (TSD) has more
information about the District's submission and the EPA's evaluations
thereof.

II. The EPA's Evaluation and Proposed Action

A. How is the EPA evaluating the submitted document?

    SIP rules must require RACT for each category of sources covered by
a CTG document as well as each major source of VOCs or NOX
in ozone nonattainment areas classified as Moderate or above (see CAA
section 182(b)(2)). The EDCAQMD regulates a Serious ozone nonattainment
area (see 40 CFR 81.305) so the District's rules must implement RACT.
    States should also submit for SIP approval negative declarations
for those source categories for which they have not adopted CTG-based
regulations (because they have no sources above the CTG-recommended
applicability threshold) regardless of whether such negative
declarations were made for an earlier SIP.\1\ To do so, the submittal
should provide reasonable assurance

that no sources subject to the CTG requirements currently exist in the
EDCAQMD.
---------------------------------------------------------------------------

    \1\ 57 FR 13498, 13512 (April 16, 1992).
---------------------------------------------------------------------------

    The District's analysis must demonstrate that each major source of
VOCs or NOX in the ozone nonattainment area is covered by a
RACT-level rule. In addition, for each CTG source category, the
District must either demonstrate that a RACT-level rule is in place, or
submit a negative declaration. Guidance and policy documents that we
use to evaluate CAA section 182 RACT requirements include the
following:

1. ``State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,''
57 FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' EPA, May 25, 1988 (``the Bluebook'', revised January
11, 1990).
3. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (``the Little
Bluebook'').
4. ``State Implementation Plans; Nitrogen Oxides Supplement to the
General Preamble; Clean Air Act Amendments of 1990 Implementation of
Title I; Proposed Rule,'' (the NOX Supplement), 57 FR
55620, (November 25, 1992).
5. Memorandum from William T. Harnett to Regional Air Division
Directors, dated May 18, 2006, ``RACT Qs & As--Reasonably Available
Control Technology (RACT) Questions and Answers.''
6. ``Final Rule to Implement the 8-hour Ozone National Ambient Air
Quality Standard -Phase 2,'' 70 FR 71612 (November 29, 2005).
7. ``Implementation of the 2008 National Ambient Air Quality
Standards for Ozone: State Implementation Plan Requirements,'' 80 FR
12264 (March 6, 2015).

B. Does the submitted document meet the evaluation criteria?

    EDCAQMD's 2017 RACT SIP provides the District's demonstration that
the applicable SIP for the El Dorado County AQMD satisfies CAA section
182 RACT requirements for the 2008 8-hour ozone NAAQS. This conclusion
is based on the District's analysis of SIP-approved requirements that
apply to: (1) Major non-CTG stationary sources of VOC or NOX
emissions; and (2) CTG source categories.
    With respect to major stationary sources, the 2017 RACT SIP states
the District has no major sources of air pollution that emit more than
25 tpy of VOC or NOX. The 2017 RACT SIP further states that
the District's only major source, a biomass boiler, ceased operation in
2009 and the unit was dismantled in 2013. We reviewed CARB's emissions
inventory database and agree with EDCAQMD's statement that there are
currently no major stationary sources of VOC or NOX in the
District.
    With respect to CTG source categories, we reviewed EDCAQMD's
evaluation of its rules subject to RACT and we agree that its rules are
generally consistent with the CTGs and recently adopted rules in
neighboring air districts.
    Where there are no existing sources covered by a particular CTG
document, or no major non-CTG sources, states may, in lieu of adopting
RACT requirements for those sources, adopt negative declarations
certifying that there are no such sources in the relevant nonattainment
area. Table C of the 2017 RACT SIP lists the District's negative
declarations where it has no sources subject to the applicable CTG for
the 2008 8-hour ozone NAAQS. These negative declarations are re-listed
in Table 1 below. The District concluded that it had no sources subject
to the CTGs based on a review of its permit databases, Standard
Industrial Classification codes, other source data, and its emissions
inventory. In addition, the District concluded that it had no major
non-CTG sources of NOX or VOCs, based on a review of the
District emissions inventory, permit database, internet search,
consultation with District Air Quality Specialists, and personal
knowledge.\2\ The EPA searched CARB's emissions inventory database and
conducted a general search on the internet for businesses in El Dorado
County and also concluded that there do not appear to be facilities in
the ozone nonattainment area that are subject to these CTGs. We believe
that these negative declarations are consistent with the relevant
policy and guidance regarding RACT.
---------------------------------------------------------------------------

    \2\ 2017 RACT SIP at 3. This conclusion was also stated in the
resolution approving the 2017 RACT SIP. Resolution 002-2017 at 2
(``The Board of Directors of the EDCAQMD has determined in the 2008
RACT SIP Update Analysis that . . . there are no major stationary
sources of VOC or NOX in the District; . . . EDCAQMD has
reviewed its permit database and files and conducted public outreach
and has determined that there [is] . . . no ``major source'' of VOC
or NOX in El Dorado County . . . .'' Although major
sources of NOX and VOCs are not included in the Table C
list of negative declarations in the 2017 RACT SIP, we consider the
unambiguous statements in the 2017 RACT SIP and Resolution 002-2017
that there are no major sources in the District sufficient to
constitute a negative declaration for major NOX and VOC
sources, and have thus included them in Table 1 below.
---------------------------------------------------------------------------

    Our TSD has more information on our evaluation of the submitted
2017 RACT SIP.

                 Table 1--EDCAQMD Negative Declarations
------------------------------------------------------------------------
         EPA document No.                           Title
------------------------------------------------------------------------
EPA-450/2-77-008..................  Control of Volatile Organic
                                     Emissions from Existing Stationary
                                     Sources--Volume II: Surface Coating
                                     of Cans, Coils, Paper, Fabrics,
                                     Automobiles, and Light-Duty Trucks.
EPA-450/2-77-022..................  Control of Volatile Organic
                                     Emissions from Solvent Metal
                                     Cleaning.
EPA-450/2-77-025..................  Control of Refinery Vacuum Producing
                                     Systems, Wastewater Separators, and
                                     Process Unit Turnarounds.
EPA-450/2-77-026..................  Control of Hydrocarbons from Tank
                                     Truck Gasoline Loading Terminals.
EPA-450/2-77-032..................  Control of Volatile Organic
                                     Emissions from Existing Stationary
                                     Sources--Volume III: Surface
                                     Coating of Metal Furniture.
EPA-450/2-77-033..................  Control of Volatile Organic
                                     Emissions from Existing Stationary
                                     Sources--Volume IV: Surface Coating
                                     of Insulation of Magnet Wire.
EPA-450/2-77-034..................  Control of Volatile Organic
                                     Emissions from Existing Stationary
                                     Sources--Volume V: Surface Coating
                                     of Large Appliances.
EPA-450/2-77-036..................  Control of Volatile Organic
                                     Emissions from Storage of Petroleum
                                     Liquids in Fixed-Roof Tanks.
EPA-450/2-78-015..................  Control of Volatile Organic
                                     Emissions from Existing Stationary
                                     Sources--Volume VI: Surface Coating
                                     of Miscellaneous Metal Parts and
                                     Products.
EPA-450/2-78-029..................  Control of Volatile Organic
                                     Emissions from Manufacture of
                                     Synthesized Pharmaceutical
                                     Products.
EPA-450/2-78-030..................  Control of Volatile Organic
                                     Emissions from Manufacture of
                                     Pneumatic Rubber Tires.
EPA-450/2-78-032..................  Control of Volatile Organic
                                     Emissions from Existing Stationary
                                     Sources--Volume VII: Factory
                                     Surface Coating of Flat Wood
                                     Paneling.

EPA-450/2-78-033..................  Control of Volatile Organic
                                     Emissions from Existing Stationary
                                     Sources--Volume VIII: Graphic Arts-
                                     Rotogravure and Flexography.
EPA-450/2-78-036..................  Control of Volatile Organic Compound
                                     Leaks from Petroleum Refinery
                                     Equipment.
EPA-450/2-78-047..................  Control of Volatile Organic
                                     Emissions from Petroleum Liquid
                                     Storage in External Floating Roof
                                     Tanks.
EPA-450/3-82-009..................  Control of Volatile Organic Compound
                                     Emissions from Large Petroleum Dry
                                     Cleaners.
EPA-450/3-83-006..................  Control of Volatile Organic Compound
                                     Leaks from Synthetic Organic
                                     Chemical Polymer and Resin
                                     Manufacturing Equipment.
EPA-450/3-83-007..................  Control of Volatile Organic Compound
                                     Equipment Leaks from Natural Gas/
                                     Gasoline Processing Plants.
EPA-450/3-83-008..................  Control of Volatile Organic Compound
                                     Emissions from Manufacture of High-
                                     Density Polyethylene,
                                     Polypropylene, and Polystyrene
                                     Resins.
EPA-450/3-84-015..................  Control of Volatile Organic Compound
                                     Emissions from Air Oxidation
                                     Processes in Synthetic Organic
                                     Chemical Manufacturing Industry.
EPA-450/4-91-031..................  Control of Volatile Organic Compound
                                     Emissions from Reactor Processes
                                     and Distillation Operations in
                                     Synthetic Organic Chemical
                                     Manufacturing Industry.
EPA-453/R-96-007..................  Control of Volatile Organic Compound
                                     Emissions from Wood Furniture
                                     Manufacturing Operations.
EPA-453/R-94-032..................  Alternative Control Technology
                                     Document--Surface Coating
                                     Operations at Shipbuilding and Ship
                                     Repair Facilities.
61 FR 44050; 8/27/96..............  Control Techniques Guidelines for
                                     Shipbuilding and Ship Repair
                                     Operations (Surface Coating).
EPA-453/R-97-004, 59 FR 29216; 6/   Aerospace MACT and Aerospace (CTG &
 06/94.                              MACT).
EPA-453/R-06-001..................  Control Techniques Guidelines for
                                     Industrial Cleaning Solvents.
EPA-453/R-06-002..................  Control Techniques Guidelines for
                                     Offset Lithographic Printing and
                                     Letterpress Printing.
EPA-453/R-06-003..................  Control Techniques Guidelines for
                                     Flexible Package Printing.
EPA-453/R-06-004..................  Control Techniques Guidelines for
                                     Flat Wood Paneling Coatings.
EPA 453/R-07-003..................  Control Techniques Guidelines for
                                     Paper, Film, and Foil Coatings.
EPA 453/R-07-004..................  Control Techniques Guidelines for
                                     Large Appliance Coatings.
EPA 453/R-07-005..................  Control Techniques Guidelines for
                                     Metal Furniture Coatings.
EPA 453/R-08-003..................  Control Techniques Guidelines for
                                     Miscellaneous Metal and Plastic
                                     Parts Coatings.
EPA 453/R-08-004..................  Control Techniques Guidelines for
                                     Fiberglass Boat Manufacturing
                                     Materials.
EPA 453/R-08-005..................  Control Techniques Guidelines for
                                     Miscellaneous Industrial Adhesives.
EPA 453/R-08-006..................  Control Techniques Guidelines for
                                     Automobile and Light-Duty Truck
                                     Assembly Coatings.
EPA 453/B16-001...................  Control Techniques Guidelines for
                                     the Oil and Natural Gas Industry.
------------------------------------------------------------------------
Major non-CTG VOC sources
Major non-CTG NOX sources
------------------------------------------------------------------------

C. Public Comment and Proposed Action

    As authorized in section 110(k)(3) of the Act, the EPA proposes to
fully approve the 2017 RACT SIP including the above negative
declarations because they fulfill the RACT SIP requirements under CAA
sections 182(b) and (f) and 40 CFR 51.1112(a) and (b) for the 2008
ozone NAAQS. We will accept comments from the public on this proposal
until November 8, 2018. If we take final action to approve the
submitted documents, our final action will incorporate them into the
federally enforceable SIP.

III. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this proposed action merely proposes to approve state law
as meeting federal requirements and does not impose additional
requirements beyond those imposed by state law. For that reason, this
proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide the EPA with the discretionary authority
to address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal

governments or preempt tribal law as specified by Executive Order 13175
(65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.

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

    Dated: September 26, 2018.
Michael Stoker,
Regional Administrator, Region IX.
[FR Doc. 2018-21882 Filed 10-5-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 92 (Tuesday, May 13, 2014)]
[Notices]
[Pages 27342-27343]
[FR Doc No: 2014-10921]

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

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2014-0012]

Whistleblower Protection Advisory Committee (WPAC)

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Announcement of WPAC charter renewal.

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

SUMMARY: In accordance with the provisions of the Federal Advisory
Committee Act (FACA), as amended (5 U.S.C., App. 2), and after
consultation with the General Services Administration, the Secretary of
Labor is renewing the charter for the Whistleblower Protection Advisory
Committee. The Committee will better enable OSHA to perform its duties
under the Occupational Safety and Health Act (the OSH Act) of 1970 (29
U.S.C. 655, 656). Authority to establish this Committee is at Section
11(c) of the Occupational Safety and Health Act, 29 U.S.C. 660(c); the
Surface Transportation Assistance Act, 49 U.S.C. 31105; the Asbestos
Hazard Emergency Response Act, 15 U.S.C. 2651; the International Safe
Container Act, 46 U.S.C. 80507; the Safe Drinking Water Act, 42 U.S.C.
300j-9(i); the Federal Water Pollution Control Act, 33 U.S.C. 1367; the
Toxic Substances Control Act, 15 U.S.C. 2622; the Solid Waste Disposal
Act, 42 U.S.C. 6971; the Clean Air Act, 42 U.S.C. 7622; the
Comprehensive Environmental Response, Compensation, and Liability Act,
42 U.S.C. 9610; the Energy Reorganization Act, 42 U.S.C. 5851; the
Wendell H. Ford Aviation Investment and Reform Act for the 21st
Century, 49 U.S.C. 42121; the Sarbanes-Oxley Act, 18 U.S.C. 1514A; the
Pipeline Safety Improvement Act, 49 U.S.C. 60129; the Federal Railroad
Safety Act, 49 U.S.C. 20109; the National Transit Systems Security Act,
6 U.S.C. 1142; the Consumer Product Safety Improvement Act, 15 U.S.C.
2087; the Affordable Care Act, 29 U.S.C. 218C; the Consumer Financial
Protection Act, 12 U.S.C. 5567; the Seaman's Protection Act, 46 U.S.C.
2114; the FDA Food Safety Modernization Act, 21 U.S.C. 399d; and the
Moving Ahead for Progress in the 21st Century Act, 49 U.S.C. 30171. The
Committee is diverse and balanced, both in terms of categories of
stakeholders (e.g., subject matter experts, labor, management, and
state plans), and in the views and interests represented by the
members.

FOR FURTHER INFORMATION CONTACT: Meghan Smith, OSHA, Directorate of
Whistleblower Protection Programs, Room N-4624, U.S. Department of
Labor, 200 Constitution Avenue NW., Washington, DC 20210; telephone
(202) 693-2199; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Committee will advise OSHA on ways to
improve the fairness, efficiency, and transparency of OSHA's
whistleblower investigations. This includes advice on improving the
investigative and enforcement processes, the training of OSHA
investigators, improving the regulations governing OSHA investigations,
and cooperative activities with federal agencies responsible for areas
also covered by the whistleblower protection statutes enforced by OSHA.
The Committee will function solely as an advisory body in compliance
with the provisions of FACA and OSHA's regulations covering advisory
committees (29 CFR part 1912).

Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, authorized the preparation of this
notice under the authority granted by the Federal Advisory Committee
Act (FACA), as amended (5 U.S.C. App. 2), its implementing regulations
(41 CFR part 102-3), chapter 1600 of Department of Labor Management
Series 3 (Mar. 17, 2008), Secretary of Labor's Order 1-2012 (Jan. 18,
2012), 77 FR 3912 (Jan.

25, 2012), and the Secretary of Labor's authority to administer the
whistleblower provisions found in Section 11(c) of the Occupational
Safety and Health Act, 29 U.S.C. 660(c); the Surface Transportation
Assistance Act, 49 U.S.C. 31105; the Asbestos Hazard Emergency Response
Act, 15 U.S.C. 2651; the International Safe Container Act, 46 U.S.C.
80507; the Safe Drinking Water Act, 42 U.S.C. 300j-9(i); the Federal
Water Pollution Control Act, 33 U.S.C. 1367; the Toxic Substances
Control Act, 15 U.S.C. 2622; the Solid Waste Disposal Act, 42 U.S.C.
6971; the Clean Air Act, 42 U.S.C. 7622; the Comprehensive
Environmental Response, Compensation, and Liability Act, 42 U.S.C.
9610; the Energy Reorganization Act, 42 U.S.C. 5851; the Wendell H.
Ford Aviation Investment and Reform Act for the 21st Century, 49 U.S.C.
42121; the Sarbanes-Oxley Act, 18 U.S.C. 1514A; the Pipeline Safety
Improvement Act, 49 U.S.C. 60129; the Federal Railroad Safety Act, 49
U.S.C. 20109; the National Transit Systems Security Act, 6 U.S.C. 1142;
the Consumer Product Safety Improvement Act, 15 U.S.C. 2087; the
Affordable Care Act, 29 U.S.C. 218C; the Consumer Financial Protection
Act, 12 U.S.C. 5567; the Seaman's Protection Act, 46 U.S.C. 2114; the
FDA Food Safety Modernization Act, 21 U.S.C. 399d; and the Moving Ahead
for Progress in the 21st Century Act, 49 U.S.C. 42121.

    Signed at Washington, DC, on May 6, 2014.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2014-10921 Filed 5-12-14; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 77, Number 153 (Wednesday, August 8, 2012)]
[Notices]
[Pages 47380-47381]
[FR Doc No: 2012-19398]

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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9713-5]

Final National Pollutant Discharge Elimination System (NPDES)
General Permit for Discharges From the Oil and Gas Extraction Point
Source Category to Coastal Waters in Texas (TXG330000)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of NPDES General Permit Renewal.

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

SUMMARY: EPA Region 6 today announces issuance of the final NPDES
general permit for the Coastal Waters of Texas (No. TXG330000) for
discharges from existing and new dischargers and New Sources in the
Coastal and Stripper Subcategories of the Oil and Gas Extraction Point
Source Category as authorized by section 402 of the Clean Water Act,
(CWA). This permit renewal authorizes discharges from exploration,
development, and production facilities discharging to the coastal
waters of Texas. The draft permit was proposed in the Federal Register
on March 30, 2012. EPA Region 6 has considered all comments received
and makes few changes to the proposed permit: pH limit for formation
test fluids and fecal coliform limit only for oyster water.

DATES: This permit was issued and effective on July 31, 2012 and
expires July 30, 2017. This effective date is necessary to provide
dischargers with the immediate opportunity to comply with Clean Water
Act requirements in light of the expiration of the 2007 permit on July
6, 2012. In accordance with 40 CFR 23, this permit shall be considered
issued for the purpose of judicial review on August 22, 2012. Under
section 509(b) of the CWA, judicial review of this general permit can
be held by filing a petition for review in the United States Court of
Appeals within 120 days after the permit is considered issued for
judicial review. Under section 509(b)(2) of the CWA, the requirements
in this permit may not be challenged later in civil or criminal
proceedings to enforce these requirements. In addition, this permit may
not be challenged in other agency proceedings. Deadlines for submittal
of notices of intent are provided in Part I.A.2 of the permit.

ADDRESSES: A copy of the Region's responses to comments and the final
permit may be obtained from the EPA Region 6 Internet site: http://www.epa.gov/region6/water/npdes/genpermit/index.htm.

FOR FURTHER INFORMATION CONTACT: Ms. Diane Smith, Region 6, U.S.
Environmental Protection Agency, 1445 Ross Avenue, Dallas, Texas 75202-
2733. Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The permit prohibits the discharge of
drilling fluid, drill cuttings, produced sand and well treatment,
completion and workover fluids. Discharges of dewatering effluents from
reserve pits are also prohibited. Produced water discharges are
prohibited, except from wells in the Stripper Subcategory located east
of the 98th meridian whose produced water comes from the Carrizo/
Wilcox, Reklaw or Bartosh formations in Texas as authorized by the
previous permit. Discharges of produced waters from new stripper wells
to an impaired waterbody that is impaired for dissolved oxygen are
prohibited. The discharge of deck drainage, formation test fluids,
sanitary waste, domestic waste and miscellaneous discharges is
authorized. More stringent requirements are established to regulate
discharges to water quality-impaired waterbodies. Pursuant to section
316(b) of the Clean Water Act (CWA), requirements for new facilities
are also established in the final permit. Major changes also include
definition of ``operator'', acute toxicity test for produced water,
spill prevention best management practices, and electronic reporting
requirements. To obtain discharge authorization, operators of such
facilities must submit a new Notice of Intent (NOI). To determine
whether your facility, company, business, organization, etc. is
regulated by this action, you should carefully examine the
applicability criteria in Part I, Section A.1 of this permit.
    Other Legal Requirements: State certification under section 401 of
the CWA; consistency with the Texas Coastal Management Program; and
compliance with National Environmental Policy Act, Endangered Species
Act, Magnuson-Stevens Fishery Conservation and Management Act, Historic
Preservation Act, Paperwork Reduction Act, and Regulatory Flexibility
Act requirements are discussed in the Region's responses to comments.

    Dated: July 31, 2012.
William K. Honker,
Acting Director, Water Quality Protection Division, EPA Region 6.
[FR Doc. 2012-19398 Filed 8-7-12; 8:45 am]
BILLING CODE 6560-50-P