[Federal Register Volume 87, Number 28 (Thursday, February 10, 2022)]
[Rules and Regulations]
[Page 7756]
[FR Doc No: 2022-02758]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 391

[Docket No. FMCSA-2019-0049]
RIN 2126-AC21

Qualifications of Drivers; Vision Standard; Correction

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).

ACTION: Final rule; correction.

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SUMMARY: In a final rule published in the Federal Register on January
21, 2022, FMCSA amended its regulations to permit individuals who do
not satisfy, with the worse eye, either the existing distant visual
acuity standard with corrective lenses or the field of vision standard,
or both, to be physically qualified to operate a commercial motor
vehicle in interstate commerce under specified conditions. The document
included an incorrect date for grandfathered drivers who participated
in a vision waiver study program to come into compliance with the
provisions in the final rule.

DATES: This correction is effective March 22, 2022.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, FMCSA, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001,<PHONE_NUMBER>, [email protected].

SUPPLEMENTARY INFORMATION: In FR Doc. 2022-01021 appearing on page 3419
in the Federal Register of January 21, 2022 (87 FR 3390), the following
corrections are made:

Sec.  391.64  [Corrected]

0
On page 3419, in the third column, in Sec.  391.64, in paragraph (b)
introductory text and paragraph (b)(4), ``March 22, 2022'' is corrected
to read ``March 22, 2023''.
    Issued under authority delegated in 49 CFR 1.87.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2022-02758 Filed 2-9-22; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 76, Number 4 (Thursday, January 6, 2011)]
[Notices]
[Pages 805-807]
[FR Doc No: 2010-33362]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63624; File No. SR-NYSEArca-2010-120]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
of Proposed Rule Change Relating to Listing and Trading Shares of the
SPDR Nuveen S&P High Yield Municipal Bond ETF

December 30, 2010.
    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 21, 2010, NYSE Arca, Inc. (``Exchange'' or ``NYSE
Arca'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to list and trade shares of the SPDR Nuveen
S&P High Yield Municipal Bond ETF under NYSE Arca Equities Rule
5.2(j)(3), Commentary .02. The text of the proposed rule change is
available at the Exchange, the Commission's Public Reference Room, and
http://www.nyse.com.

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 self-regulatory organization
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 those 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 parts of such statements.

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

1. Purpose
    The Exchange proposes to list and trade shares (``Shares'') of the
following series of the SPDR Series Trust (``Trust'') under NYSE Arca
Equities Rule 5.2(j)(3), Commentary .02, which governs the listing and
trading of Investment Company Units (``Units''), based on the S&P
Municipal Yield Index (``Index''): SPDR Nuveen S&P HighYield Municipal
Bond ETF (``Fund'' or ``ETF'').\3\
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    \3\ The Commission has previously approved listing and trading
of Units based on certain fixed income indexes. See, e.g.,
Securities Exchange Act Release No. 48662 (October 20, 2003), 68 FR
61535 (October 28, 2003) (SR-PCX-2003-41) (approving listing and
trading pursuant to unlisted trading privileges (``UTP'') of fixed
income funds and the UTP trading of certain iShares[reg] fixed
income funds). In addition, the Commission has approved NYSE Arca
generic listing rules for Units based on a fixed income index in
Securities Exchange Act Release No. 55783 (May 17, 2007), 72 FR
29194 (May 24, 2007) (SR-NYSEArca-2007-36). The Commission has
approved pursuant to Section 19(b)(2) of the Exchange Act the
listing on the American Stock Exchange (``Amex'') of exchange traded
funds based on fixed income indexes. See, e.g., Securities Exchange
Act Release No. 48534 (September 24, 2003), 68 FR 56353 (September
30, 2003) (SR-Amex-2003-75) (order approving listing on Amex of
eight series of iShares Lehman Bond Funds). In addition, the
Commission has approved two actively managed funds of the PIMCO ETF
Trust that hold municipal bonds. See Securities Exchange Act Release
No. 60981 (August 27, 2009) (SR-NYSEArca-2009-79) (order approving
PIMCO Short-Term Municipal Bond Strategy Fund and PIMCO Intermediate
Municipal Bond Strategy Fund, among others).
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    The SPDR Nuveen S&P High Yield Municipal Bond ETF \4\ seeks to
provide investment results that, before fees and expenses, correspond
generally to the price and yield performance of the Index, which tracks
the U.S. municipal bond market, and to provide income that is exempt
from regular federal income taxes.\5\
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    \4\ Standard & Poor's Financial Services LLC is the Index
Sponsor with respect to the Index. The Index Sponsor is not
affiliated with a broker-dealer and has implemented procedures
designed to prevent the use and dissemination of material, non-
public information regarding the Index.
    \5\ See the Trust's registration statement on Form N-1A under
the Securities Act of 1933 (15 U.S.C. 77a) and the Investment
Company Act of 1940 (15 U.S.C. 80a), dated February 22, 2010 (File
No. 333-57793 and 811-08839) (``Registration Statement''). The
description of the operation of the Trust and the Fund herein is
based on the Registration Statement.
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    The Exchange is submitting this proposed rule change because the
Index for the Fund does not meet all of the ``generic'' listing
requirements of Commentary .02(a)(2) to NYSE Arca Equities Rule
5.2(j)(3) applicable to listing of Units based on U.S. indexes. The
Index meets all such requirements except for those set forth in
Commentary .02(a)(2).\6\ Specifically, as of December 20, 2010, 26.47%
of the weight of the Index components have a minimum principal amount
outstanding of $100 million or more.
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    \6\ Commentary .02(a)(2) to NYSE Arca Equities Rule 5.2(j)(3)
provides that components that in the aggregate account for at least
75% of the weight of the index or portfolio each shall have a
minimum principal amount outstanding of $100 million or more.
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    According to the Registration Statement, the Index is designed to
measure the performance of high yield municipal bonds issued by U.S.
states and territories or local governments or agencies, such that
interest on the securities is exempt from U.S. federal income tax, but
may be subject to the alternative minimum tax and to state and local
income taxes. High yield securities are generally rated below
investment grade and are commonly referred to as ``junk bonds.'' The
Index is a sub-set of the Standard & Poor's/Investortools Municipal
Bond Index and the Standard & Poor's/Investortools High Yield Bond
Index and includes publicly issued U.S. dollar denominated, fixed rate,
municipal bonds that have a remaining maturity of at least one year.
    The Index consists of categories of bonds in the following
proportions: (i) 70% of the Index constituents are components of the
Standard & Poor's/Investortools High Yield Bond Index, which are non-
rated or are rated below investment grade; (ii) 20% of the Index
constituents are components of the Standard & Poor's/Investortools Bond
Index that are rated Baa3, Baa2, or Baa1 by Moody's Investors Service,
or BBB-, BBB, or BBB+ by Standard and Poor's or Fitch; and (iii) 10% of
the Index constituents are components of the Standard & Poor's/
Investortools Bond Index that are rated A3, A2, or A1 by Moody's
Investor Services, or A-, A, or A+ by Standard & Poor's or Fitch. Bonds
that have been escrowed will not be included in the Index. Prerefunded
bonds will not be included in the Index. Where the ratings assigned by
the agencies are not consistent, the Index will use the middle rating
if three ratings are available, and the lower of

two ratings if only two ratings are available.\7\
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    \7\ The Standard & Poor's/Investortools Municipal Bond Index is
composed of bonds held by managed municipal bond fund customers of
Standard & Poor's Securities Pricing, Inc. that are priced daily.
Index calculations are provided by Investortools, Inc. Only bonds
with total outstanding amounts of $2,000,000 or more qualify for
inclusion. The Standard and Poor's/Investortools Municipal Bond High
Yield Index is comprised of all bonds in the Standard and Poor's/
Investortools Municipal Bond Index that are non-rated or whose
ratings are BB+ S&P and/or BA-1 Moody's or lower. This index does
not contain bonds that are prerefunded or are escrowed to maturity.
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    As of December 20, 2010, there were approximately 21,141 issues
included in the Index.
    The Exchange represents that: (1) Except for Commentary .02(a)(2)
to NYSE Arca Equities Rule 5.2(j)(3), the Shares of the Fund currently
satisfy all of the generic listing standards under NYSE Arca Equities
Rule 5.2(j)(3); (2) the continued listing standards under NYSE Arca
Equities Rules 5.2(j)(3) and 5.5(g)(2) applicable to Units shall apply
to the Shares; and (3) the Trust is required to comply with Rule 10A-3
\8\ under the Exchange Act for the initial and continued listing of the
Shares. In addition, the Exchange represents that the Shares will
comply with all other requirements applicable to Units including, but
not limited to, requirements relating to the dissemination of key
information such as the value of the Index and Intraday Indicative
Value, rules governing the trading of equity securities, trading hours,
trading halts, surveillance, and the Information Bulletin to ETP
Holders, as set forth in Exchange rules applicable to Units and prior
Commission orders approving the generic listing rules applicable to the
listing and trading of Units.\9\
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    \8\ 17 CFR 240.10A-3.
    \9\ See, e.g., Securities Exchange Act Release Nos. 55783 (May
17, 2007), 72 FR 29194 (May 24, 2007) (SR-NYSEArca-2007-36) (order
approving NYSE Arca generic listing standards for Units based on a
fixed income index); 44551 (July 12, 2001), 66 FR 37716 (July 19,
2001) (SR-PCX-2001-14) (order approving generic listing standards
for Units and Portfolio Depositary Receipts); 41983 (October 6,
1999), 64 FR 56008 (October 15, 1999) (SR-PCX-98-29) (order
approving rules for listing and trading of Units).
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    As of December 20, 2010, there were approximately 21,141 issues
included in the Index and 46.47% of the weight of the Index components
was comprised of individual maturities that were part of an entire
municipal bond offering with a minimum original principal amount
outstanding of $100 million or more for all maturities of the offering.
In addition, the total dollar amount outstanding of issues in the Index
was approximately $532.82 billion and the average dollar amount
outstanding of issues in the Index was approximately $25.22 million.
Further, the most heavily weighted component represents 0.86% of the
weight of the Index and the five most heavily weighted components
represent 2.52% of the weight of the Index.\10\ Therefore, the Exchange
believes that, notwithstanding that the Index does not satisfy the
criterion in NYSE Arca Equities Rule 5.2(j)(3), Commentary .02(a)(2),
the Index is sufficiently broad-based to deter potential manipulation,
given that the Index is comprised of approximately 21,141 issues. In
addition, the Index securities are sufficiently liquid to deter
potential manipulation in that a substantial portion (46.47%) of the
Index weight is comprised of maturities that are part of a minimum
original principal amount outstanding of $100 million or more; and in
view of the substantial total dollar amount outstanding and the average
dollar amount outstanding of Index issues, as referenced above.
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    \10\ Commentary .02(a)(4) to NYSE Arca Equities Rule 5.2(j)(3)
provides that no component fixed-income security (excluding Treasury
Securities and GSE Securities) shall represent more than 30% of the
weight of the index or portfolio, and the five most heavily weighted
component fixed-income securities in the index or portfolio shall
not in the aggregate account for more than 65% of the weight of the
index or portfolio.
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    Detailed descriptions of the Fund, the Index, procedures for
creating and redeeming Shares, transaction fees and expenses,
dividends, distributions, taxes, risks, and reports to be distributed
to beneficial owners of the Shares can be found in the Registration
Statement or on the Web site for the Fund (http://www.spdr.com), as
applicable.
2. Statutory Basis
    The basis under the Exchange Act for this proposed rule change is
the requirement under Section 6(b)(5) \11\ that an exchange have rules
that are designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to remove
impediments to, and perfect the mechanism of a free and open market
and, in general, to protect investors and the public interest. The
Exchange believes that the proposed rule change will facilitate the
listing and trading of an additional type of exchange-traded product
that will enhance competition among market participants, to the benefit
of investors and the marketplace. In addition, the listing and trading
criteria set forth in NYSE Arca Equities Rule 5.2(j)(3) and Commentary
.02 thereto are intended to protect investors and the public interest.
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    \11\ 15 U.S.C. 78f(b)(5).
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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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve or disapprove the 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-NYSEArca-2010-120 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2010-120. 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 Web site viewing and printing in the
Commission's Public Reference Room, 100 F Street, NE., Washington, DC
20549-1090 on official business days between 10 a.m. and 3 p.m. Copies
of the filing will also be available for inspection and copying at the
Exchange's principal office. 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-NYSEArca-2010-120 and should be submitted on or before
January 27, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-33362 Filed 1-5-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 84 (Tuesday, May 2, 2023)]
[Rules and Regulations]
[Pages 27407-27410]
[FR Doc No: 2023-09300]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0290]
RIN 1625-AA00

Safety Zone; Potomac River, Between Charles County, MD and King
George County, VA

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of the Potomac River. This action is necessary to
provide for the safety of life on these navigable waters at the old
Governor Harry W. Nice/Senator Thomas ``Mac'' Middleton Memorial (US-
301) Bridge during demolition operations from May 1, 2023 through June
9, 2023. This rule will prohibit persons and vessels from being in the
safety zone unless authorized by the Captain of the Port, Maryland-
National Capital Region or a designated representative.

DATES: This rule is effective without actual notice from May 2, 2023,
through June 9, 2023. For the purposes of enforcement, actual notice
will be used from May 1, 2023, until May 2, 2023.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0290 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email BM1 Michael Klopp, Sector Maryland-NCR, Waterways
Management Division, U.S. Coast Guard: telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On April 13, 2023, Skanska-Corman-McLean, Joint Venture, notified
the Coast Guard that the company will be conducting bridge demolition
operations at the old Governor Harry W. Nice/Senator Thomas ``Mac''
Middleton Memorial (US-301) Bridge. The work described by the
contractor requires the use of explosives, and debris removal and
hydrographic surveying equipment. During explosive detonation periods,
there can be no marine traffic transiting near or around the bridge for
safety reasons.

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable and contrary to
the public interest. Demolition operations involving explosives will
occur at the old Governor Harry W. Nice/Senator Thomas ``Mac''
Middleton Memorial (US-301) Bridge across the Potomac River and
immediate action is needed to respond to the potential safety hazards
associated with bridge demolition. Hazards from the demolition
operations include low-hanging or falling ropes, cables, large piles
and cement cast portions, dangerous projectiles, and/or other debris.
We must establish this safety zone by May 1, 2023, to guard against
these hazards.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable and contrary to the public interest
because immediate action is needed to respond to the potential safety
hazards associated with demolition operations at the old Governor Harry
W. Nice/Senator Thomas ``Mac'' Middleton Memorial (US-301) Bridge.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port (COTP) has determined that potential
hazards associated with bridge demolition starting May 1, 2023, will be
a safety concern for anyone near the old Governor Harry W. Nice/Senator
Thomas ``Mac'' Middleton Memorial (US-301) Bridge demolition site. This
rule is needed to protect personnel, vessels, and the marine
environment in the navigable waters within the safety zone while the
bridge is being demolished.

IV. Discussion of the Rule

    The COTP is establishing a safety zone from 12:01 a.m. on May 1,
2023, to 11:59 p.m. on June 9, 2023. The safety zone will cover the
following areas:
    Area 1. All navigable waters of the Potomac River, encompassed by a
line connecting the following points beginning at 38[deg]21'38.74'' N,
077[deg]00'52.99'' W, thence east to 38[deg]21'52.67'' N,
076[deg]59'2.51'' W, thence south along the shoreline to
38[deg]21'43.45'' N, 076[deg]58'56.64.22'' W, thence west to
38[deg]21'28.91'' N, 077[deg]00'52.81'' W, and thence north along the
shoreline back to the beginning point, located in King George County,
VA.
    Area 2. All navigable waters of the Potomac River, within 1,500
feet of the explosives barge located in approximate position
38[deg]21'21.47'' N, 076[deg]59'45.40'' W.
    The duration of the zone is intended to ensure the safety of
vessels and these navigable waters before, during, and after the
scheduled demolition and debris removal. Except for marine equipment
and vessels operated by Skanska-Corman-McLean, Joint Venture, or its
subcontractors, no vessel or person would be permitted to enter the
safety zone without obtaining permission from the COTP or a designated
representative. The term designated representative also includes an
employee or contractor of Skanska-Corman-McLean, Joint Venture for the
sole purposes of designating and establishing safe transit corridors,
to permit passage into or through the safety zone, or to notify vessels
and individuals that they have entered the safety zone and are required
to leave.
    The COTP will notify the public that the safety zone will be
enforced by all appropriate means to the affected segments of the
public, as practicable, in accordance with 33 CFR 165.7(a). Such means
of notification will also include, but are not limited to, Broadcast
Notice to Mariners. Vessels or persons violating this rule are subject
to the penalties set forth in 46 U.S.C. 70036 and 46 U.S.C. 70052. The
regulatory text appears at the end of this document.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
    This regulatory action determination is based on the size, location
and time of year of the safety zone. The temporary safety zone is
approximately 3,000 yards in width and 350 yards in length. This safety
zone would impact a small designated area of the Potomac River for 40
total days, but we anticipate that there would be no vessels that are
unable to conduct business. Excursion vessels and commercial fishing
vessels are not impacted by this rulemaking. Excursion vessels do not
operate in this area, and commercial fishing vessels are not impacted
because of their draft. Some towing vessels may be impacted, but bridge
project personnel have been conducting outreach throughout the project
in order to coordinate with those vessels. During explosive
detonations, the Coast Guard will have law enforcement assets on-scene
to enforce the safety zone immediately before, during and after
explosive detonations. This safety zone is established outside the
normal recreational boating season for this area, which occurs during
the summer season. Moreover, the Coast Guard will issue Local Notices
to Mariners and a Broadcast Notice to Mariners via VHF-FM marine
channel 16 about the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions

concerning its provisions or options for compliance, please call or
email the person listed in the FOR FURTHER INFORMATION CONTACT section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
safety zone lasting 40 total days that would prohibit entry within a
portion of the Potomac 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 Record of
Environmental Consideration supporting this determination is available
in the docket. For instructions on locating the docket, see the
ADDRESSES section of this preamble.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.

0
2. Add Sec.  165.T05-0290 to read as follows:

Sec.  165.T05-0290  Safety Zone; Potomac River, Between Charles County,
MD and King George County, VA.

    (a) Location. The following areas are safety zones. These
coordinates are based on North American Datum of 1983 (NAD 83).
    (1) Area 1. All navigable waters of the Potomac River, encompassed
by a line connecting the following points beginning at
38[deg]21'38.74'' N, 077[deg]00'52.99'' W, thence east to
38[deg]21'52.67'' N, 076[deg]59'2.51'' W, thence south along the
shoreline to 38[deg]21'43.45'' N, 076[deg]58'56.64.22'' W, thence west
to 38[deg]21'28.91'' N, 077[deg]00'52.81'' W, and thence north along
the shoreline back to the beginning point, located in King George
County, VA.
    (2) Area 2. All navigable waters of the Potomac River within 1,500
feet of the explosives barge located in approximate position
38[deg]21'21.47'' N, 076[deg]59'45.40'' W.
    (b) Definitions. As used in this section--
    Captain of the Port (COTP) means the Commander, U.S. Coast Guard
Sector Maryland-National Capital Region.
    Designated representative means any Coast Guard commissioned,
warrant, or petty officer, including a Coast Guard coxswain, petty
officer, or other officer operating a Coast Guard vessel and a Federal,
State, and local officer designated by or assisting the COTP in the
enforcement of the safety zone. The term also includes an employee or
contractor of Skanska-Corman-McLean, Joint Venture for the sole
purposes of designating and establishing safe transit corridors, to
permit passage into or through the safety zone, or to notify vessels
and individuals that they have entered the safety zone and are required
to leave.
    Marine equipment means any vessel, barge, or other equipment
operated by Skanska-Corman-McLean, Joint Venture, or its
subcontractors.
    (c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, except for marine equipment, you may not enter
the safety zone described in paragraph (a) of this section unless
authorized by the COTP, Skanska-Corman-McLean, Joint Venture, or the
COTP's designated representative. If a vessel or person is notified by
the COTP, Skanska-Corman-McLean, Joint Venture, or the COTP's
designated representative that they have entered the safety zone
without permission, they are required to immediately leave in a safe
manner following the directions given.
    (2) Mariners requesting to transit any of the safety zone areas in
paragraph (a) of this section must first contact the Skanska-Corman-
McLean, Joint Venture designated representative, the on-site project
manager by telephone number<PHONE_NUMBER> or on Marine Band Radio

VHF-FM channels 13 and 16 from the pusher tug Miss Stacy. If permission
is granted, mariners must proceed at their own risk and strictly
observe any and all instructions provided by the COTP, Skanska-Corman-
McLean, Joint Venture, or designated representative to the mariner
regarding the conditions of entry to and exit from any area of the
safety zone. The COTP or the COTP's representative can be contacted by
telephone number<PHONE_NUMBER> or on Marine Band Radio VHF-FM channel 16
(156.8 MHz).
    (3) The Coast Guard will publish a notice in the Fifth Coast Guard
District Local Notice to Mariners and issue marine information
broadcasts on VHF-FM marine band radio announcing specific enforcement
dates and times.
    (d) Enforcement officials. The U.S. Coast Guard may be assisted in
the patrol and enforcement of the safety zone by Federal, State, and
local agencies.
    (e) Enforcement period. This section will be enforced from 12:01
a.m. on May 1, 2023, to 11:59 p.m. on June 9, 2023.

    Dated: April 27, 2023.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port, Sector Maryland-
National Capital Region.
[FR Doc. 2023-09300 Filed 5-1-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 84, Number 241 (Monday, December 16, 2019)]
[Proposed Rules]
[Pages 68381-68383]
[FR Doc No: 2019-26848]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2019-0341; Airspace Docket No. 18-ANM-4]
RIN 2120-AA66

Proposed Amendment of Class E Airspace; Gunnison, CO

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to amend the Class E airspace designated
as a surface area, at Gunnison-Crested Butte Regional Airport,
Gunnison, CO. The proposal would increase the circular radius of the
Class E surface area and add an extension to the west of the airport.
Also, this action proposes to amend the Class E airspace by adding an
airspace area designated as an extension to a Class D or Class E
surface area, to the southwest of the airport. Additionally, this
action proposes to amend the Class E airspace extending upward from 700
feet above the surface by significantly reducing the area around the
airport, except to the west and southwest of the airport. Furthermore,
this action proposes to amend the Class E airspace extending upward
from 1,200 feet above the surface by removing this area. This area is
wholly contained within the Denver Class E6 en route airspace area and
duplication is not necessary. Lastly, this action proposes several
administrative changes to the airspace legal descriptions for the
airport. These changes are necessary to accommodate airspace redesign
for the safety and management of Instrument Flight Rules (IFR)
operations at the airport.

DATES: Comments must be received on or before January 30, 2020.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone:
1-800-647-5527, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2019-0341; Airspace Docket No. 18-ANM-4, at the beginning of your
comments. You may also submit comments through the internet at https://www.regulations.gov.
    FAA Order 7400.11D, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11D at NARA, email<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Matthew Van Der Wal, Federal Aviation
Administration, Western Service Center, Operations Support Group, 2200
S. 216th Street, Des Moines, WA 98198; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would amend Class E airspace at Gunnison-Crested Butte Regional
Airport, Gunnison, CO, to ensure safety and management of Instrument
Flight Rules (IFR) operations at the airport.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Persons wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2019-0341;
Airspace Docket No. 18-ANM-4''. The postcard will be date/time stamped
and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

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

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11D, Airspace
Designations and Reporting Points, dated August 8, 2019, and effective
September 15, 2019. FAA Order 7400.11D is publicly available as listed

in the ADDRESSES section of this document. FAA Order 7400.11D lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) Part 71 by amending Class E airspace at the
Gunnison-Crested Butte Regional Airport, Gunnison, CO. The action
proposes to amend the Class E airspace designated as a surface area by
increasing the circular radius and adding an extension to the west of
the airport. The airspace area would be defined as follows: That
airspace extending upward from the surface within a 4.8-mile radius of
the airport and within 1 mile each side of the 256[deg] bearing,
extending from the 4.8-mile radius to 5.7 miles west of the Gunnison-
Crested Butte Regional Airport.
    Also, this action proposes to amend the Class E airspace by adding
a Class E airspace area designated an extension to Class D and Class E2
surface areas. This airspace area would be defined as follows: That
airspace extending upward from the surface within 1.4 miles each side
of the 225[deg] bearing, extending from the 4.8-mile radius to 14.1
miles southwest of the Gunnison-Crested Butte Regional Airport.
    Additionally, this action proposes a significant modification to
the Class E airspace extending upward from 700 feet above the surface.
The action would remove most of the area extending upward from 700 feet
above the surface, from the northwest of the airport clockwise to the
south of the airport. A small area would remain east of the airport and
two larger areas would remain to the southwest and west of the airport.
This airspace area would be defined as follows: That airspace extending
upward from 700 feet above the surface, extending from the 4.8-mile
radius to a 7-mile radius along the 052[deg] bearing clockwise to the
107[deg] bearing, and within 2.5 miles each side of the 254[deg]
bearing, extending from the 4.8-mile radius to 9.6 miles west of the
airport, and within 8.1 miles north and 3.9 miles south of the 225[deg]
bearing, extending from 7.1 miles to 23.1 miles southwest of the
Gunnison-Crested Butte Regional Airport.
    Furthermore, this action proposes to remove the Class E airspace
extending upward from 1,200 feet above the surface. This airspace area
is wholly contained within the Denver Class E6 en route airspace area
and duplication is not necessary.
    Lastly, the action proposes administrative corrections to the
airspace's legal descriptions. The geographic coordinates need to be
updated to (lat. 38[deg]32'04'' N, long. 106[deg]55'54'' W) to match
the FAA's aeronautical database. The Class E surface airspace should be
full time; the following two sentences do not accurately represent the
time of use for this airspace area and need to be removed: ``This Class
E airspace area is effective during specific dates and times
established in advance by a Notice to Airmen. The effective date and
time will thereafter be continuously published in the Airport/Facility
Directory.''
    Class E airspace designations are published in paragraphs 6002,
6004 and 6005 of FAA Order 7400.11D, dated August 8, 2019, and
effective September 15, 2019, 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. FAA Order 7400.11,
Airspace Designations and Reporting Points, is published yearly and
effective on September 15.

Regulatory Notices and Analyses

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

Environmental Review

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

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

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

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

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11D,
Airspace Designations and Reporting Points, dated August 8, 2019, and
effective September 15, 2019, is amended as follows:

Paragraph 6002 Class E Airspace Areas Designated as a Surface Area.

* * * * *

ANM CO E2 Gunnison, CO [Amended]

Gunnison-Crested Butte Regional Airport, CO
    (Lat. 38[deg]32'04'' N, long. 106[deg]55'54'' W)

    That airspace extending upward from the surface within a 4.8-
mile radius of the airport, and within 1 mile each side of the
256[deg] bearing, extending from the 4.8-mile radius to 5.7 miles
west of the Gunnison-Crested Butte Regional Airport.

Paragraph 6004 Class E Airspace Areas Designated as an Extension to
a Class D or Class E Surface Area.

* * * * *

ANM CO E4 Gunnison, CO [New]

Gunnison-Crested Butte Regional Airport, CO
    (Lat. 38[deg]32'04'' N, long. 106[deg]55'54'' W)

    That airspace extending upward from the surface within 1.4 miles
each side of the 225[deg] bearing, extending from the 4.8-mile
radius to 14.1 miles southwest of the Gunnison-Crested Butte
Regional Airport.

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ANM CO E5 Gunnison, CO [Amended]

Gunnison-Crested Butte Regional Airport, CO
    (Lat. 38[deg]32'04'' N, long. 106[deg]55'54'' W)

    That airspace extending upward from 700 feet above the surface
extending from the 4.8-mile radius to a 7-mile radius along the
052[deg] bearing clockwise to the 107[deg] bearing, and within 2.5
each side of the 254[deg] bearing, extending from the 4.8-mile
radius to 9.6 miles west of the airport, and within 8.1 miles north
and 3.9 miles south of the 225[deg] bearing, extending from 7.1
miles to 23.1 miles southwest of the Gunnison-Crested Butte Regional
Airport.

    Issued in Seattle, Washington, on December 6, 2019.
Byron Chew,
Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2019-26848 Filed 12-13-19; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 185 (Thursday, September 24, 2015)]
[Rules and Regulations]
[Pages 57537-57538]
[FR Doc No: 2015-24094]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2015-0114; FRL-9934-52-Region 4]

Approval and Promulgation of Implementation Plans; Georgia;
Removal of Clean Fuel Fleet Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving changes
to the Georgia State Implementation Plan (SIP) that were submitted by
the State of Georgia, through the Georgia Environmental Protection
Division (GA EPD), on January 22, 2015, for the purpose of moving the
Clean Fuel Fleet Program (CFFP) from the active portion of the Georgia
SIP to the contingency measures portion of the maintenance plan for the
Atlanta Area for the 1997 8-hour ozone national ambient air quality
standards (NAAQS). EPA has determined that Georgia's January 22, 2015,
SIP revision regarding the CFFP is approvable because it is consistent
with the Clean Air Act (CAA or Act).

DATES: This rule will be effective October 26, 2015.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2015-0114. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information may not be publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section (formerly Regulatory
Development Section), Air Planning and Implementation Branch (formerly
Air Planning Branch), Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Kelly Sheckler, Air Regulatory
Management Section, Air Planning and Implementation Branch, Pesticides
and Toxics Management Division, Region 4, U.S. Environmental Protection
Agency, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Ms.
Sheckler's phone number is<PHONE_NUMBER>. She can also be reached via
electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On January 22, 2015, GA EPD submitted a SIP revision to EPA with a
request to move Georgia's CFFP rules (Georgia Rules 391-3-22-.01
through .11) \1\ From the active portion of the Georgia SIP to the
contingency measures portion of the ozone maintenance plan for the
Atlanta Area for the 1997 8-hour ozone NAAQS.\2\ EPA incorporated this
maintenance plan into the SIP in a final action published on December
2, 2013. See 78 FR 72040.
---------------------------------------------------------------------------

    \1\ The CFFP is addressed in Title II, part C of the CAA. See
CAA sections 241-250. Congress added Part C, entitled ``Clean Fuel
Vehicles,'' to the CAA to establish two programs: a clean-fuel
vehicle pilot program in the State of California (the California
Pilot Test Program), and a CFFP in certain ozone and carbon monoxide
nonattainment areas. Under section 246 of the CAA, certain states
were required to adopt and submit to EPA a SIP revision containing a
CFFP for ozone nonattainment areas with a 1980 population greater
than 250,000 that were classified as serious, severe, or extreme. On
May 2, 1994, the State of Georgia submitted a SIP revision to
address the CFFP requirements for the Atlanta 1-Hour Ozone Area. EPA
approved that SIP revision, containing Georgia's CFFP rules, in a
notice published on May 2, 1994. See 60 FR 66149.
    \2\ On April 30, 2004, EPA designated the following 20 counties
in and around metropolitan Atlanta as a marginal nonattainment area
for the 1997 8-hour ozone NAAQS (referred to as the ``Atlanta 1997
8-Hour Ozone Area''): Barrow, Bartow, Carroll, Cherokee, Clayton,
Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett,
Hall, Henry, Newton, Paulding, Rockdale, Spalding, and Walton. See
69 FR 23858. EPA reclassified this same area as a moderate
nonattainment area on March 6, 2008, because the Area failed to
attain the 1997 8-hour ozone NAAQS by the required attainment date
of June 15, 2007. See 73 FR 12013. Subsequently, the area attained
the 1997 8-hour ozone standard, and on December 2, 2013, EPA
redesignated the area to attainment for the 1997 8-hour ozone NAAQS
and approved the associated maintenance plan into the SIP. See 78 FR
72040.
---------------------------------------------------------------------------

    On July 24, 2015, EPA published a proposed rulemaking to approve
Georgia's January 22, 2015, SIP revision related to the CFFP based, in
part, on EPA's preliminary finding that the SIP revision satisfies the
anti-backsliding requirements of EPA's ozone implementation rules and
the CAA section 110(l) requirements. The details of Georgia's submittal
and the rationale for EPA's action are explained in that notice of
proposed rulemaking. See 80 FR 44014. The comment period for the
proposed rulemaking closed on August 24, 2015. EPA did not receive any
comments, adverse or otherwise, during the public comment period.

II. Final Action

    EPA is taking final action to approve the SIP revision submitted by
Georgia on January 22, 2015, to move Georgia's CFFP rules (Georgia
Rules 391-3-22-.01 through .11) from the active portion of Georgia SIP
to the contingency measures portion of Georgia's maintenance plan in
the SIP for the 1997 Atlanta 8-hour ozone area. EPA has determined that
Georgia's January 22, 2015, SIP revision related to the State's CFFP is
consistent with the CAA and EPA's regulations and guidance.

III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     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 CAA; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable 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 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 as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it
impose substantial direct costs on tribal governments or preempt tribal
law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 23, 2015. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.

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

    Dated: September 10, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart L--Georgia

0
2. Section 52.570(c) is amended by revising the entry for ``391-3-22''
to read as follows:

Sec.  52.570  Identification of plan.

* * * * *
    (c) * * *

                                        EPA Approved Georgia Regulations
----------------------------------------------------------------------------------------------------------------
                                                    State
    State citation          Title/subject      effective date    EPA approval date            Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
391-3-22..............  Clean Fueled Fleets..         5/11/14  9/24/15 [Insert        Clean Fueled Fleets rules
                                                                citation of            moved to the contingency
                                                                publication].          measures portion of the
                                                                                SIP-approved 1997 8-hour
                                                                                ozone Maintenance Plan
                                                                                for the Atlanta Area.
----------------------------------------------------------------------------------------------------------------

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[FR Doc. 2015-24094 Filed 9-23-15; 8:45 am]
BILLING CODE 6560-50-P