[Federal Register Volume 77, Number 132 (Tuesday, July 10, 2012)]
[Rules and Regulations]
[Pages 40521-40524]
[FR Doc No: 2012-16782]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2011-1126]
RIN 1625-AA87

Security Zones, Seattle's Seafair Fleet Week Moving Vessels,
Puget Sound, WA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The U.S. Coast Guard is establishing security zones around
designated participating vessels that are not protected by the Naval
Vessel Protection Zone in Seattle's Seafair Fleet Week, while those
vessels are in the Sector Puget Sound Captain of the Port (COTP) Zone.
A designated participating vessel is a vessel that is named by the
Coast Guard each year prior to the event in a Federal Register notice,
as well as the Local Notice to Mariners. These security zones are
necessary to help ensure the security of the vessels from sabotage or
other subversive acts during Seattle's Seafair Fleet Week Parade of
Ships and while moored in the Port of Seattle. The Coast Guard will
ensure the security of these

vessels by prohibiting any person or vessel from entering or remaining
in the security zones unless authorized by the Captain of the Port,
Puget Sound or Designated Representative.

DATES: This rule is effective on August 1, 2012.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2011-1126. 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 Ensign Anthony P. LaBoy, Sector Puget Sound, Waterways
Management Division, U.S. 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 published a NPRM, Security Zones, Seattle's Seafair
Fleet Week Moving Vessels, Puget Sound, WA, on February 6, 2012. The
Coast Guard received 02 comments submitted via regulations.gov and
received 01 request for public meeting. Previously, on July 11, 2011,
the Coast Guard published a Temporary Final Rule (TFR), Security Zone;
2011 Seattle Seafair Fleet Week Moving Vessels, Puget Sound, Washington
which established identical security zones. No comments were received
regarding the implementation or enforcement of the temporary security
zones established for the 2011 Seattle's Seafair Fleet Week.
    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 because the 2012 Seafair Parade of
Ships would be over by the time the 30 day period ended, and this
security zone must be in place before the commencement of this event in
order to ensure the security of the participating military vessels.

B. Basis and Purpose

    Seattle's Seafair Fleet Week is an annual event which brings a
variety of military vessels to Seattle. During the event, the visiting
military vessels are at risk because of their military function, and
because they will be transiting in the Parade of Ships in close
proximity to spectators, highly populated areas, and other unscreened
vessels. Thousands of visitors are given tours on board these vessels
throughout the week while they are moored in downtown areas of Seattle.
This increases the necessity to ensure the security of each vessel.
This rule is necessary to ensure the security of visiting foreign and
domestic military vessels not covered under the Naval Vessel Protection
Zone (NVPZ). The size of these security zones is necessary to ensure
the security of the visiting vessels and is intended to mirror the NVPZ
as defined at 33 CFR 165.2015 and 33 CFR 165.2030. This is because it
is important for the on-scene patrol to have a consistent zone size for
all participating ships in order to maintain control and minimize
confusion. The security zones will help prevent any acts which would
harm the vessels and their crew and endanger vessels, property, and
persons along the parade route.

C. Discussion of Comments, Changes and the Final Rule

    The regulatory text of this final rule is the same as the proposed
regulatory text contained in the Notice of Proposed Rulemaking. During
the comment period, 2 comments were received. One comment stated that
this rule would create a ``no protest'' zone during Seattle's Seafair
Fleet Week. The Coast Guard finds this safety zone does not create a
no-protest zone because those wishing to conduct first amendment
activities may do so in the large area of water between the 100 yard
safety zone extending from Pier 66 (as set out in 33 CFR 165.1330) and
the inner 100 yards of this security zone. The Pier 66 security zone
extends 100 yards from Pier 66 within a box encompassed by the points
47[deg]36.719' N, 122[deg]21.099' W; 47[deg]36.682' N, 122[deg]21.149'
W; 47[deg]36.514' N, 122[deg]20.865' W; and 47[deg]36.552' N,
122[deg]20.814' W. The vessels transiting in the parade of ships,
including those protected by the security zones, transit on a track
line which is at least 400 yards away from Pier 66. For this security
zone, which extends 500 yards around the named vessels, the COTP has
granted general permission to enter the outer 400 yards. If a vessel
protected by the security zone is transiting past Pier 66 at a distance
of 400 yards from Pier 66, then the area between the inner 100 yards of
the security zone and the west end of the 100 yard safety zone
extending from Pier 66 is approximately 200 yards. Vessels may lawfully
remain within these 200 yards without violating either the safety zone
or security zone so long as they operate at the minimum speed required
to remain on course. In this ample space, those conducting first
amendment activities may be seen by transiting vessels and spectators
on the piers. Additionally, there are other areas where persons and
vessels may gather and transmit their message where they can be seen by
the spectators. In the preamble of the final rule that established the
safety zone in 33 CFR 165.1330 (76 FR 30014), the Coast Guard described
these areas, which include the area north and south of Pier 66, and the
area in front of the public Pier 63, where spectators also gather. The
availability of these areas for first amendment activities is not
affected by the security zone described in this final rule. It is noted
that in 2011, identical security zones were created to those that are
established by this final rule. In 2011, there were no infractions into
the zones and no enforcement action taken.
    One comment stated that this rule will create a 500 yard
exclusionary zone which is more restrictive than a Naval Vessel
Protection Zone (NVPZ). In the comment it was stated that ``the newly
defined security zone mandates that vessel operator stay 500 yard from
identified vessels and that operators must somehow gain permission to
enter or remain within 500 yards.'' The security zones established by
this rule prohibit any person or vessel from entering or remaining
within 500 yards of each designated participating vessel during
Seattle's Seafair Fleet Week while in the Sector Puget Sound COTP zone.
However, the COTP has granted general permission for vessels to enter
the outer 400 yards of the security zone, as long as those vessels
within the outer 400 yards of the security zone operate at the minimum
speed necessary to maintain course unless required to maintain speed by
the navigation rules. It is stated in this final rule that the COTP has
granted permission to enter the outer 400 yards of the security zone
while operating at the minimum speed necessary to maintain course. This
sentence is the permission required to enter the outer 400 yards. No
further request must be made to enter the outer

400 yards and transit at the minimum speed required to maintain course.
    There was one request for public hearing submitted. The Coast Guard
does not intend to hold a public hearing. Sufficient time was given to
address concerns and for the public to submit comments during the
Notice of Proposed Rulemaking's 90 day comment period. The Coast Guard
will publish an annual notice in the Federal Register naming the
designated participating vessels at least 03 days before that year's
event and will also provide this information in the Local Notice to
Mariners.

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 Coast Guard bases
this finding on the fact that the security zones will be in place for a
limited period of time and vessel traffic will be able to transit
around the security zones. Maritime traffic may also request permission
to transit through the zones from the COTP, Puget Sound or a Designated
Representative.

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 Coast Guard
received zero comments from the Small Business Administration on this
rule. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    This rule will affect the following entities, some of which may be
small entities; the owners and operators of vessels intending to
operate within the waters covered by the security zones for
approximately 1 week each year when the zones for that year's Fleet
Week are identified and subject to enforcement. The rule will not have
a significant economic impact on a substantial number of small entities
because the security zones will be in place for a limited period of
time and maritime traffic will still be able to transit around the
security zones. Maritime traffic may also request permission to transit
though the zones from the COTP, Puget Sound or a Designated
Representative.

3. Assistance for Small Entities

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

4. Collection of Information

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

5. Federalism

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

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

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

12. Energy Effects

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

13. Technical Standards

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

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of security zones.
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; 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 Sec.  165.1333 to read as follows:

Sec.  165.1333  Security Zones, Seattle's Seafair Fleet Week Moving
Vessels, Puget Sound, WA.

    (a) Location. The following areas are security zones: all navigable
waters within 500 yards of each designated participating vessel while
each such vessel is in the Sector Puget Sound Captain of the Port
(COTP) zone, as defined in 33 CFR 3.65-10, during a time specified in
paragraph (e) of this section. The Coast Guard will publish a notice in
the Federal Register each year at least 03 days before the start of the
Seattle Seafair Fleet Week to identify the designated participating
vessels for that year. The Coast Guard will also provide this
information in the Local Notice to Mariners.
    (b) Definitions. For purposes of this section--
    Designated participating vessel means a military vessel
participating in the Seattle Seafair Fleet Week that has been
designated by the Sector Puget Sound COTP in accordance with this
section.
    Designated representative means any Coast Guard commissioned,
warrant, or petty officer who has been designated by the COTP to
implement or enforce this section.
    Seattle Seafair Fleet Week means an annual event involving a parade
of U.S. Navy, U.S. Coast Guard, and foreign military ships in Seattle's
Elliott Bay waterfront and tours of those ships while docked at Port of
Seattle facilities.
    (c) Regulations. Under 33 CFR Part 165, Subpart D, no person or
vessel may enter or remain in the security zones described in paragraph
(a) of this section without the permission of the COTP or a designated
representative. The COTP has granted general permission for vessels to
enter the outer 400 yards of the security zones as long as those
vessels within the outer 400 yards of the security zones operate at the
minimum speed necessary to maintain course unless required to maintain
speed by the navigation rules. The COTP may be assisted by other
federal, state or local agencies with the enforcement of the security
zones.
    (d) Authorization. All vessel operators who desire to enter the
inner 100 yards of the security zones or transit the outer 400 yards at
greater than minimum speed necessary to maintain course must obtain
permission from the COTP or a Designated Representative by contacting
the on-scene Coast Guard patrol craft on VHF 13 or Ch 16. Requests must
include the reason why movement within this area is necessary. Vessel
operators granted permission to enter the security zones will be
escorted by the on-scene Coast Guard patrol craft until they are
outside of the security zones.
    (e) Annual enforcement period. The security zones described in
paragraph (a) of this section will be enforced during Seattle Seafair
Fleet Week each year for a period of up to one week. The Seattle
Seafair Fleet Week will occur sometime between July 25 and August 14.
The annual Federal Register notice identifying the designated
participating vessels will also identify the specific dates of the
event for that year.

    Dated: June 15, 2012.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2012-16782 Filed 7-9-12; 8:45 am]
BILLING CODE 9110-04-P


A.  Familiarize with regulatory requirements [c]
                                    See 3A

B.  Plan activities
                                    See 3A

C.  Implement activities
                                    See 3A

D.  Record data [c]
                                       8
                                      12
                                      96
                                       1
                                      96
                                      4.8
                                      9.6
                                                                    $11,390.40
E.  Time to transmit or disclose information
                                    See 3B

G.  Time for audits [f]
                                      N/A

Subtotal for Recordkeeping Requirements

                                      110
                                                                       $11,400
TOTAL LABOR BURDEN AND COST (rounded) [g]

                                     2,420
                                                                      $249,000
Capital and O&M Cost

                                                                             $0
Grand Total [g]

                                                                       $249,000

Assumptions:
[a] There are 500 existing flexible polyurethane foam production and fabrication facilities that are area sources. No new sources are projected during the 3-year term of this ICR.
 b This ICR uses the following labor rates:  $138.49 per hour for Executive, Administrative, and Managerial labor; $109.45 per hour for Technical labor, and $52.77 per hour for Clerical labor.  These rates are from the United States Department of Labor, Bureau of Labor Statistics, March 2013, Table 2. Civilian Workers, by Occupational and Industry group.  The rates are from column 1, Total Compensation.  The rates have been increased by 110 percent to account for the benefit packages available to those employed by private industry.
[c] We have assumed that only one facility will be subject to this requirement. We assume this facility has already submitted initial notifications and reports.
[d] We have assumed that there are 49 plants projected to be subject to this notification, and that initial notifications have been submitted during the previous ICR period.
[e] We have assumed that it will take one respondent 80 hours to complete each of these tasks.
f   We have assumed that no hours or costs are will be associated with this item because the rule imposes no additional burden.
g Totals have been rounded to 3 significant figures. Figures may not add exactly due to rounding.

Table 1e: Annual Respondent Burden and Cost  -  NESHAP for Area Sources: Lead Acid Battery Manufacturing (40 CFR Part 63, Subpart PPPPPP) (Renewal)

                                  Burden item
                        (A)
Person hours per occurrence
                (B)
No. of occurrences per respondent per year
              (C)
Person hours per respondent per year
(C=AxB)
                         (D)
Respondents per year  [a]
                (E)
Technical person- hours per year
(E=CxD)
               (F)
Management person hours per year
(F=Ex0.05)
                (G)
Clerical person hours per year
(G=Ex0.1)
                        (H)
Total Cost Per Year ($) [b]
1.  Applications
                                      N/A

2.  Survey and Studies
                                      N/A

3.  Annualized initial labor costs [c]
                                      55
                                       1
                                      55
                                       0
                                       0
                                       0
                                       0
                                                                             $0
4. Reporting Requirements

A.  Familiarize with regulatory requirements [c]
                                       8
                                       1
                                       8
                                      60
                                      480
                                      24
                                      48
                                                                       $56,952
B.  Required activities

      Initial notification of applicability
                                       4
                                       1
                                       4
                                       0
                                       0
                                       0
                                       0
                                                                            $0
      Initial/repeat performance test [d]
                                      40
                                       1
                                      40
                                       0
                                       0
                                       0
                                       0
                                                                            $0
      Periodic monitoring  -  daily
                                      0.5
                                      365
                                     182.5
                                       6
                                     1,095
                                      55
                                      110
                                                                   $129,921.75
      Notification of compliance status
                                       2
                                       1
                                       2
                                       0
                                       0
                                       0
                                       0
                                                                            $0
      Semiannual inspection [e]
                                       6
                                       2
                                      12
                                       6
                                      72
                                       4
                                       7
                                                                     $8,542.80
      Semiannual report [e]
                                       2
                                       2
                                       4
                                       6
                                      24
                                       1
                                       2
                                                                     $2,847.60
C.  Create information
                                    See 4B

D.  Gather existing information
                                    See 4B

E.  Write report
                                    See 4B

Subtotal for Reporting Requirements

                                     1,920
                                                                      $198,000
4.  Recordkeeping Requirements

A.  Familiarize with regulatory requirements
                                    See 4A

B.  Plan activities
                                    See 4A

C.  Implement activities
                                    See 4A

Subtotal for Recordkeeping Requirements

                                       0
                                                                            $0
TOTAL LABOR BURDEN AND COST (rounded) [f]

                                     1,920
                                                                      $198,000
Capital and O&M Cost

                                                                             $0
Grand Total [f]

                                                                       $198,000

Assumptions:
[a] There are 60 existing Lead Acid Battery Manufacturing facilities that are area sources. No new sources are projected during the 3-year term of this ICR.
 b  This ICR uses the following labor rates:  $138.49 per hour for Executive, Administrative, and Managerial labor; $109.45 per hour for Technical labor, and $52.77 per hour for Clerical labor.  These rates are from the United States Department of Labor, Bureau of Labor Statistics, March 2013, Table 2. Civilian Workers, by Occupational and Industry group.  The rates are from column 1, Total Compensation.  The rates have been increased by 110 percent to account for the benefit packages available to those employed by private industry.
c We have assumed that the average number of respondents for annualized initial labor costs reflects only six facilities that do not have monitoring in their State permits.
[d]  We have assumed that most sources conducted NSPS performance test, and 15 tests were conducted during the previous ICR period.  No new tests are expected for this ICR period.
[e]  We have assumed that only six lead acid battery plants will be required to complete semiannual reports.
f Totals have been rounded to 3 significant figures. Figures may not add exactly due to rounding.

Table 1f: Annual Respondent Burden and Cost  -  NESHAP for Area Sources: Wood Preserving (40 CFR Part 63, Subpart
    QQQQQQ) (Renewal)

                                  Burden item
                        (A)
Person hours per occurrence
                (B)
No. of occurrences per respondent per year
              (C)
Person hours per respondent per year
(C=AxB)
                         (D)
Respondents per year [a]
                (E)
Technical person- hours per year
(E=CxD)
               (F)
Management person hours per year
(F=Ex0.05)
                (G)
Clerical person hours per year
(G=Ex0.1)
                        (H)
Total Cost Per Year ($) [b]
1.  Applications
                                      N/A

2.  Survey and Studies
                                      N/A

3.  Reporting requirements

A.  Familiarize with regulatory requirements
                                       4
                                       1
                                       4
                                      393
                                     1,572
                                     78.6
                                     157.2
                                  $186,517.80
B.  Required activities

      Initial notification of applicability and compliance status
                                       2
                                       1
                                       2
                                       0
                                       0
                                       0
                                       0
                                      $0
     Check list of best management practices
                                       1
                                       1
                                       1
                                       0
                                       0
                                       0
                                       0
                                      $0
C.  Create information
                                    See 3B

D.  Gather existing information
                                    See 3B

E.  Write report
                                    See 3B

Subtotal for Reporting Requirements

                                     1,808
                                   $186,500
4.  Recordkeeping Requirements

A.  Read instructions
                                    See 3A

B.  Plan activities
                                    See 3A

C.  Implement activities
                                    See 3A

D.  Record data [c]
                                      N/A

E.  Time to transmit or disclose information
                                      N/A

F.  Time to train personnel [c]
                                      N/A

G.  Time for audits [c]
                                      N/A

Subtotal for Recordkeeping Requirements

                                       0
                                                                             $0
TOTAL LABOR BURDEN AND COST (rounded) [d]

                                     1,810
                                                                       $187,000
Capital and O&M Cost

                                                                             $0
Grand Total [d]

                                                                       $187,000

Assumptions:
[a] There are 393 existing wood preserving facilities that are area sources.  No new sources are projected during the 3-year term of this ICR.
 This ICR uses the following labor rates:  $138.49 per hour for Executive, Administrative, and Managerial labor; $109.45 per hour for Technical labor, and $52.77 per hour for Clerical labor.  These rates are from the United States Department of Labor, Bureau of Labor Statistics, March 2013, Table 2. Civilian Workers, by Occupational and Industry group.  The rates are from column 1, Total Compensation.  The rates have been increased by 110 percent to account for the benefit packages available to those employed by private industry.
[c] We have assumed that there are no hours or costs associated with this item because the rule imposes not additional burden for this item.
d Totals have been rounded to 3 significant figures. Figures may not add exactly due to rounding.

Table 2a: Average Annual EPA Burden and Cost  -  NESHAP for Area Sources: Acrylic and Modacrylic Fibers Production (40
  CFR Part 63, Subpart LLLLLL) (Renewal)

                                   Activity
                      (A) EPA person hours per occurrence
                   (B) No. of occurrences per plant per year
                  (C) Person hours per plant per year (A x B)
                           (D) Plants per year  [a]
                 (E) Technical person- hours per year (C x D)
                (F) Management person hours per year (E x 0.05)
                 (G) Clerical person hours per year (E x 0.1)
                          (H) Total Cost Per Year [b]
Report review:

  Initial notification of applicability
                                       2
                                       1
                                       2
                                       0
                                       0
                                       0
                                       0
                                      $0
  Startup, shutdown, malfunction plan [c]
                                       4
                                       1
                                       4
                                       0
                                       0
                                       0
                                       0
                                      $0
  Initial notification of compliance status [c]
                                       4
                                       1
                                       4
                                       0
                                       0
                                       0
                                       0
                                      $0
TOTAL BURDEN AND COST

                                       0
                                      $0

Assumptions:
[a]  There is one existing acrylic and modacrylic production facility that is an area source.  There will be no new additional sources during the next three years of this ICR.  We assume all existing sources have met initial rule requirements.
[b]  This cost is based on the following labor rates which incorporates a 1.6 benefits multiplication factor to account for government overhead expenses: $64.16 for Managerial (GS-13, Step 5, $40.10 x 1.6), $47.62 for Technical (GS-12, Step 1, $29.76 x 1.6), and $25.75 for Clerical (GS-6, Step 3, $16.10 x 1.6).  These rates are from the Office of Personnel Management (OPM) 2013 General Schedule which excludes locality rates of pay.
[c]  We have assumed that each respondent will take 4 hours once per year to complete task.

Table 2b: Average Annual EPA Burden and Cost  -  NESHAP for Area Sources: Carbon Black Production (40 CFR Part 63,
   Subpart MMMMMM) (Renewal)

                                   Activity
                      (A) EPA person hours per occurrence
                   (B) No. of occurrences per plant per year
                  (C) Person hours per plant per year (A x B)
                           (D) Plants per year  [a]
                 (E) Technical person- hours per year (C x D)
                (F) Management person hours per year (E x 0.05)
                 (G) Clerical person hours per year (E x 0.1)
                          (H) Total Cost Per Year [b]
Report review:

  Initial notification of applicability
                                       2
                                       1
                                       2
                                       0
                                       0
                                       0
                                       0
                                      $0
  Startup, shutdown, malfunction plan
                                       4
                                       1
                                       4
                                       0
                                       0
                                       0
                                       0
                                      $0
  Initial notification of compliance status
                                       4
                                       1
                                       4
                                       0
                                       0
                                       0
                                       0
                                      $0
TOTAL BURDEN AND COST

                                       0
                                      $0

Assumptions:
[a]  There is zero existing carbon black production facility.  No new sources are projected during the three-year term of this ICR.
[b]  This cost is based on the following labor rates which incorporates a 1.6 benefits multiplication factor to account for government overhead expenses: $64.16 for Managerial (GS-13, Step 5, $40.10 x 1.6), $47.62 for Technical (GS-12, Step 1, $29.76 x 1.6), and $25.75 for Clerical (GS-6, Step 3, $16.10 x 1.6).  These rates are from the Office of Personnel Management (OPM) 2013 General Schedule which excludes locality rates of pay.

Table 2c: Average Annual EPA Burden and Cost  -  NESHAP for Area Sources: Chemical Manufacturing: Chromium Compounds (40 CFR Part 63, Subpart NNNNNN) (Renewal)

                                   Activity
                      (A) EPA person hours per occurrence
                   (B) No. of occurrences per plant per year
                  (C) Person hours per plant per year (A x B)
                            (D) Plants per year [a]
                     (E) Technical person- hours per year
                                    (C x D)
                     (F) Management person hours per year
                                  (E x 0.05)
                      (G) Clerical person hours per year
                                   (E x 0.1)
                          (H) Total Cost Per Year [b]
Report review:

  Initial notification of applicability
                                       2
                                       1
                                       2
                                       0
                                       0
                                       0
                                       0
                                       0
  Startup, shutdown, malfunction plan [c]
                                       4
                                       1
                                       4
                                       0
                                       0
                                       0
                                       0
                                       0
  Initial notification of compliance status [c]
                                       4
                                       1
                                       4
                                       0
                                       0
                                       0
                                       0
                                       0
Semiannual reports
                                       2
                                       2
                                       4
                                       1
                                       4
                                      0.2
                                      0.4
                                    $213.62
TOTAL BURDEN AND COST

                                       5
                                     $214

Assumptions:
[a]  There are two existing chemical manufacturing: chromium compounds facilities that are  area source.  There will be no new additional sources during the next three years of this ICR.  We assume existing sources have already met initial requirements.
[b]  This cost is based on the following labor rates which incorporates a 1.6 benefits multiplication factor to account for government overhead expenses: $64.16 for Managerial (GS-13, Step 5, $40.10 x 1.6), $47.62 for Technical (GS-12, Step 1, $29.76 x 1.6), and $25.75 for Clerical (GS-6, Step 3, $16.10 x 1.6).  These rates are from the Office of Personnel Management (OPM) 2013 General Schedule which excludes locality rates of pay.
[c]  We have assumed that each respondent will take 4 hours once per year to complete task.

Table 2d: Average Annual EPA Burden and Cost  -  NESHAP for Area Sources: Flexible Polyurethane Foam Production and
   Fabrication (40 CFR Part 63, Subpart OOOOOO) (Renewal)

                                   Activity
                      (A) EPA person hours per occurrence
                   (B) No. of occurrences per plant per year
                  (C) Person hours per plant per year (A x B)
                           (D) Plants per year  [a]
                 (E) Technical person- hours per year (C x D)
                (F) Management person hours per year (E x 0.05)
                 (G) Clerical person hours per year (E x 0.1)
                          (H) Total Cost Per Year [b]
Report review:

  Initial notification of applicability [c]
                                       2
                                       1
                                       2
                                       0
                                       0
                                       0
                                       0
                                      $0
  Pre-compliance report [c]
                                       2
                                       1
                                       2
                                       0
                                       0
                                       0
                                       0
                                      $0
  Notification of compliance status [d]
                                       4
                                       1
                                       4
                                       0
                                       0
                                       0
                                       0
                                      $0
  Semiannual compliance status report [c]
                                       2
                                       2
                                       4
                                       1
                                       4
                                     0.20
                                     0.40
                                    $213.62
  Notification of special compliance [c]
                                       2
                                       1
                                       2
                                       0
                                       0
                                       0
                                       0
                                      $0
  Change in selected emission limit and compliance method [c]
                                       2
                                       1
                                       2
                                       0
                                       0
                                       0
                                       0
                                      $0
  Request for extension of compliance, adjustments to time periods, and changes in information c
                                       2
                                       1
                                       2
                                       0
                                       0
                                       0
                                       0
                                      $0
  Progress reports for extensions [c]
                                       2
                                       1
                                       2
                                       0
                                       0
                                       0
                                       0
                                      $0
TOTAL BURDEN AND COST

                                       5
                                     $214

Assumptions:
[a]  There are 500 existing facilities that are area sources.  There will be no new additional sources during the next three years of this ICR.  We assume existing facilities have already met initial requirements.
[b]  This cost is based on the following labor rates which incorporates a 1.6 benefits multiplication factor to account for government overhead expenses: $64.16 for Managerial (GS-13, Step 5, $40.10 x 1.6), $47.62 for Technical (GS-12, Step 1, $29.76 x 1.6), and $25.75 for Clerical (GS-6, Step 3, $16.10 x 1.6).  These rates are from the Office of Personnel Management (OPM) 2013 General Schedule which excludes locality rates of pay..
[c]  We have assumed that only one plant would be subject to these items.
[d]  We have assumed that there are 49 plants subject to this notification.  However, existing plants have already met initial requirements.
Table 2e: Average Annual EPA Burden and Cost  -  NESHAP for Area Sources: Lead Acid Battery Manufacturing (40 CFR
    Part 63, Subpart PPPPPP) (Renewal)

                                   Activity
                      (A) EPA person hours per occurrence
                   (B) No. of occurrences per plant per year
                  (C) Person hours per plant per year (A x B)
                            (D) Plants per year [a]
                 (E) Technical person- hours per year (C x D)
                (F) Management person hours per year (E x 0.05)
                 (G) Clerical person hours per year (E x 0.1)
                          (H) Total Cost Per Year [b]
Report review:

  Initial notification of applicability
                                       2
                                       1
                                       2
                                       0
                                       0
                                       0
                                       0
                                      $0
  Semiannual report [c]
                                       2
                                       2
                                       4
                                       6
                                      24
                                      1.2
                                      2.4
                                   $1,281.70
  Initial notification of compliance status [d]
                                       4
                                       1
                                       4
                                       0
                                       0
                                       0
                                       0
                                      $0
TOTAL BURDEN AND COST [e]

                                      28
                                    $1,280

Assumptions:
[a]  There are 60 existing lead acid battery manufacturing facilities that are area sources.  There will be no new additional sources during the next three years of this ICR.  We assume existing sources have already met initial requirements.
[b]  This cost is based on the following labor rates which incorporates a 1.6 benefits multiplication factor to account for government overhead expenses: $64.16 for Managerial (GS-13, Step 5, $40.10 x 1.6), $47.62 for Technical (GS-12, Step 1, $29.76 x 1.6), and $25.75 for Clerical (GS-6, Step 3, $16.10 x 1.6).  These rates are from the Office of Personnel Management (OPM) 2013 General Schedule which excludes locality rates of pay.
[c]  We have assumed that 10 percent of respondents will review semiannual reports.
[d]  We have assumed that each respondent will take 4 hours once per year to complete task.
e Totals have been rounded to 3 significant figures. Figures may not add exactly due to rounding.

Table 2f: Average Annual EPA Burden and Cost  -  NESHAP for Area Sources: Wood Preserving (40 CFR Part 63, Subpart
    QQQQQQ) (Renewal)

                                   Activity
                      (A) EPA person hours per occurrence
                   (B) No. of occurrences per plant per year
                  (C) Person hours per plant per year (A x B)
                           (D) Plants per year  [a]
                 (E) Technical person- hours per year (C x D)
                (F) Management person hours per year (E x 0.05)
                 (G) Clerical person hours per year (E x 0.1)
                          (H) Total Cost Per Year [b]
Report review:

  Initial notification of applicability [c]
                                       2
                                       1
                                       2
                                       0
                                       0
                                       0
                                       0
                                      $0
  Initial notification of compliance status [d]
                                       4
                                       1
                                       4
                                       0
                                       0
                                       0
                                       0
                                      $0
TOTAL BURDEN AND COST

                                       0
                                      $0

Assumptions:
[a]  There are 393 existing lead acid battery manufacturing facilities that are area sources.  There will be no new additional sources during the next three years of this ICR.  We assume existing facilities have already met initial requirements.
[b]  This cost is based on the following labor rates which incorporates a 1.6 benefits multiplication factor to account for government overhead expenses: $64.16 for Managerial (GS-13, Step 5, $40.10 x 1.6), $47.62 for Technical (GS-12, Step 1, $29.76 x 1.6), and $25.75 for Clerical (GS-6, Step 3, $16.10 x 1.6).  These rates are from the Office of Personnel Management (OPM) 2013 General Schedule which excludes locality rates of pay.


[Federal Register Volume 84, Number 197 (Thursday, October 10, 2019)]
[Notices]
[Page 54600]
[FR Doc No: 2019-22182]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP20-41-000]

PennEast Pipeline Company, LLC; Notice of Petition for
Declaratory Order

    Take notice that on October 4, 2019, pursuant to Rule 207 of the
Federal Energy Regulatory Commission's (Commission) Rules of Practice
and Procedure, 18 CFR 385.207 (2019), PennEast Pipeline Company, LLC,
filed a petition for declaratory order (petition) and for expedited
action requesting that the Commission issue an order interpreting the
Natural Gas Act's eminent domain authority in Section 7(h), and
concluding that: (1) Under NGA Section 7(h), a certificate holder's
authority to ``condemn the necessary right-of-way to construct,
operate, and maintain a [natural gas] pipeline'' and the ``necessary
land or other property, in addition to right-of-way, for the location
of compressor stations [and other associated equipment],'' applies to
property in which a state holds an interest; (2) in NGA Section 7(h),
Congress delegated the federal government's eminent domain authority to
certificate holders; and (3) in delegating the federal government's
eminent domain authority in NGA Section 7(h), Congress necessarily
delegated to certificate holders the federal government's exemption
from claims of state sovereign immunity, all as more fully explained in
the petition.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Petitioner.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the eFiling link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE, Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
eLibrary link and is available for review in the Commission's Public
Reference Room in Washington, DC. There is an eSubscription link on the
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_ADDRESS>or call
(866) 208-3676 (toll free). For TTY, call<PHONE_NUMBER>.
    Comment Date: In light of the petitioner's request for expedited
treatment, and the significance of the issues presented, the comment
due date is 5:00 p.m. Eastern Time on October 18, 2019.

    Dated: October 4, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-22182 Filed 10-9-19; 8:45 am]
BILLING CODE 6717-01-P