[Federal Register Volume 88, Number 238 (Wednesday, December 13, 2023)]
[Proposed Rules]
[Pages 86295-86301]
[FR Doc No: 2023-27306]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2023-0903]
RIN 1625-AA08

Special Local Regulations; Sector Ohio Valley Annual and
Recurring Special Local Regulations

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

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes amending and updating its special
local regulations for recurring marine parades, regattas, and other
events that take place in the Coast Guard Sector Ohio Valley area of
responsibility (AOR). This proposed rulemaking would update the current
list of recurring special local regulations with revisions, additions,
and removals of events that no longer take place in the Sector Ohio
Valley AOR. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before January 12, 2024.

ADDRESSES: You may submit comments identified by docket number USCG-
2023-0903 using the Federal Decision-Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION. This notice of
proposed rulemaking with its plain-language, 100-word-or-less proposed
rule summary will be available in this same docket.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Petty Officer Bryan Crane, Sector
Ohio Valley, 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, Purpose, and Legal Basis

    The Captain of the Port Sector Ohio Valley (COTP) proposes to
update the current list of recurring special local regulations for
events occurring within the Sector Ohio Valley area of responsibility
within the Coast Guard's Eighth District. The list of events we seek to
update is in Title 33 of the Code of Federal Regulations (CFR) section
100.801, Table 1 to Sec.  100.801.
    The Coast Guard will consider comments submitted on this proposed
rule in determining if any additional revisions are needed to this
regulatory section. Additionally, the public would be informed of these
recurring events through local means and planned by the local
communities.
    The current list of annual and recurring special local regulations
occurring in Sector Ohio Valley's AOR is published in 33 CFR 100.801,
Table 1 titled ``Ohio Valley Annual and Reoccurring Marine Events.''
The most recent list was published on April 4, 2023 (87 FR 6026).
    The Coast Guard's authority for establishing a special local
regulation is contained in 46 U.S.C. 70041(a). The Coast Guard proposes
to amend and update the special local regulations in 33 CFR 100.801,
Table 1, to include the most up to date list of recurring special local
regulations for events held on or around the navigable waters within
Sector Ohio Valley's AOR. These events would include marine parades,
boat races, swim events, and other marine related events. The current
list under 33 CFR 100.801, Table 1, requires amendment to provide new
information on existing special local regulations, add new special
local regulations expected to recur annually or biannually, and to
remove special local regulations that no longer occur. Issuing
individual regulations for each new special local regulation,
amendment, or removal of an existing special local regulation creates
unnecessary administrative costs and burdens. This single proposed
rulemaking will considerably reduce administrative overhead. It also
provide the public with notice through publication in the Federal
Register of all recurring special local regulations in the AOR.

III. Discussion of Proposed Rule

    Part 100 of 33 CFR contains regulations describing regattas and
marine parades conducted on U.S. navigable waters in order to ensure
the safety of life in the regulated areas. Section 100.801 provides the
regulations applicable to events taking place in the Eighth Coast Guard
District and also provides a table listing each event and special local
regulations. This section requires amendment from time to time to
properly reflect the recurring special local regulations. This proposed
rule would update section 100.801, Table 1 titled ``Ohio Valley Annual
and Reoccurring Marine Events.''
    This proposed rule would add 4 new recurring special local
regulations to Table 1 of section 100.801 for Sector Ohio Valley, as
follows:

----------------------------------------------------------------------------------------------------------------
                                                                   Sector Ohio Valley
                 Date                       Event/sponsor        location (city, state)       Regulated area
----------------------------------------------------------------------------------------------------------------
2 Days--Saturday and Sunday before     Powerboat Nationals--    Point Marion, PA.......  Monongahela River,
 Memorial Day.                          Point Marion.                                     Miles 89-91
                                                                                (Pennsylvania).
1 Day--One Weekend in June...........  Race on the Oyo........  Racine, OH to Point      Ohio River (Mile 242-
                                                                 Pleasant, WV.            265) Ohio.

1 Day--Last Weekend in June or First   Charleston Sternwheel    Charleston, WV.........  Kanawha River (Mile 58-
 Weekend in July.                       Regatta.                                          59) West Virginia.
1 Day in August......................  Team Rocket Tri Club/    Huntsville, AL.........  Tennessee River, Mile
                                        Swim Hobbs Island.                                332.3-338.0.
----------------------------------------------------------------------------------------------------------------

    These new recurring special local regulations would be reflected in
the table in the general date order in which they will occur. The
current recurring special local regulations would be reordered, as
shown in the proposed regulatory text below.
    Additionally, this proposed rule would amend 27 recurring special
local regulations in Table 1 of section 100.801 for Sector Ohio Valley,
as follows. The revisions provide more accurate descriptions of the
events, dates, locations, and areas.

----------------------------------------------------------------------------------------------------------------
                                                                   Sector Ohio Valley
                 Date                       Event/sponsor        location (city, state)       Regulated area
----------------------------------------------------------------------------------------------------------------
3 Days--A Weekend in March...........  Oak Ridge Rowing         Oak Ridge, TN..........  Clinch River, Mile 48.5-
                                        Association/Cardinal                              52.0 (Tennessee).
                                        Invitational.
1 Day--A weekend in March............  Vanderbilt Rowing/       Nashville, TN..........  Cumberland River, Mile
                                        Vanderbilt Invite.                                188.0-192.7
                                                                                (Tennessee).
2 Days--A Weekend in March...........  Oak Ridge Rowing         Oak Ridge, TN..........  Clinch River, Mile 48.5-
                                        Association/Atomic                                52.0 (Tennessee).
                                        City Turn and Burn.
3 Days--A weekend in April...........  Oak Ridge Rowing         Oak Ridge, TN..........  Clinch River, Mile 48.5-
                                        Association/SIRA                                  52.0 (Tennessee).
                                        Regatta.
3 Days--A weekend in April...........  Oak Ridge Rowing         Oak Ridge, TN..........  Clinch River, Mile 48.5-
                                        Association/Dogwood                               52.0 (Tennessee).
                                        Junior Regatta.
3 Days in May........................  Oak Ridge Rowing         Oak Ridge, TN..........  Clinch River, Mile 48.5-
                                        Association/College                               52.0 (Tennessee).
                                        Championship.
4 Days in May........................  Oak Ridge Rowing         Oak Ridge, TN..........  Clinch River, Mile 48.5-
                                        Association/ACRA                                  52.0 (Tennessee).
                                        Championship.
3 Days--A weekend in May.............  Vanderbilt Rowing/ACRA   Nashville, TN..........  Cumberland River, Mile
                                        Henley.                                           188.0-194.0
                                                                                (Tennessee).
3 Days--A weekend in May.............  Oak Ridge Association/   Oak Ridge, TN..........  Clinch River, Mile 48.5-
                                        SRAA Championship.                                52.0 (Tennessee).
1 Day--A weekend in May..............  World Triathlon          Chattanooga, TN........  Tennessee River, Mile
                                        Corporation/IRONMAN                               462.7-467.5
                                        70.3.                                             (Tennessee).
1 Day in May.........................  Chickamauga Dam Swim...  Chattanooga, TN........  Tennessee River, Mile
                                                                                470.0-473.0
                                                                                (Tennessee).
1 Day in May.........................  Outdoor Chattanooga/     Chattanooga, TN........  Tennessee River, Mile
                                        Nooga Loop.                                       452.0-458.0
                                                                                (Tennessee).
1 Day--A weekend in June.............  Team Magic/Chattanooga   Chattanooga, TN........  Tennessee River, Mile
                                        Waterfront Triathlon.                             462.5-466.0
                                                                                (Tennessee).
1 Day--One of the First Two Weekends   Adventure Crew/Ohio      Cincinnati, Ohio.......  Ohio River, Mile 464.5-
 in August.                             River Paddlefest.                                 477 (Ohio and
                                                                                Kentucky).
1 Day in August......................  Three Rivers Regatta...  Knoxville, TN..........  Tennessee River, Mile
                                                                                642.0-653.0
                                                                                (Tennessee).
1 Day--Last Sunday in August or        Adventure Crew/Great     Cincinnati, Ohio.......  Ohio River, Mile 468.8-
 Second Sunday in September.            Ohio River Swim.                                  471.2 (Ohio and
                                                                                Kentucky).
3 Days in September..................  Music City Grand Prix..  Nashville, TN..........  Cumberland River, Mil
                                                                                190.0-191.0
                                                                                (Tennessee).
1 Day in August......................  Team Rocket Tri-Club/    Huntsville, AL.........  Tennessee River, Mile
                                        Rocketman Triathlon.                              332.2-335.5 (Alabama).
2 Days in August.....................  Ironman Triathlon......  Louisville, KY.........  Ohio River, Mile 600.5-
                                                                                605.5 (Kentucky).
1 Day in August......................  Tennessee Clean Water    Knoxville, TN..........  Tennessee River, Mile
                                        Network/Downtown                                  646.3-648.7
                                        Dragon Boat Races.                                (Tennessee).
1 Day in September...................  City of Clarksville/     Clarksville, TN........  Cumberland River, Mile
                                        Riverfest.                                        125.0-126.0
                                                                                (Tennessee).
1 Day in September...................  Knoxville Open Water     Knoxville, TN..........  Tennessee River, Mile
                                        Swimmers/Bridges to                               641.0-648.0
                                        Bluffs.                                           (Tennessee).
1 Day in September...................  World Triathlon          Chattanooga, TN........  Tennessee River, Mile
                                        Corporation/IRONMAN                               462.7-467.5
                                        Chattanooga.                                      (Tennessee).
1 Day in October.....................  Outdoor Chattanooga/     Chattanooga, TN........  Tennessee River, Mile
                                        Swim the Suck.                                    443.0-455.0
                                                                                (Tennessee).
1 Day in October.....................  Lookout Rowing Club/     Chattanooga, TN........  Tennessee River, Mile
                                        Chattanooga Head Race.                            463.0-468.0
                                                                                (Tennessee).
2 Days in October....................  Oak Ridge Rowing         Oak Ridge, TN..........  Clinch River, Mile 46.0-
                                        Association/Secret                                54.0 (Tennessee).
                                        City Head Race.
3 Days--A weekend in November........  Head of the Hooch        Chattanooga, TN........  Tennessee River, Mile
                                        Regatta.                                          463.0-468.0
                                                                                (Tennessee).
----------------------------------------------------------------------------------------------------------------

    Lastly, this proposed rule would remove 2 recurring special local
regulations in Table 1 of section 100.801 for Sector Ohio Valley. The
events will no longer occur as described. Changes are as follows:

----------------------------------------------------------------------------------------------------------------
                                                                   Sector Ohio Valley
                 Date                       Event/sponsor        location (city, state)       Regulated area
----------------------------------------------------------------------------------------------------------------
1 Day--One of the first two weekends   City of Bellevue, KY/    Bellevue, KY...........  Ohio River, Miles 468.2-
 in July City of Bellevue, KY/          Bellevue Beach Park                               469.2 (Kentucky &
 Bellevue Beach Park Concert            Concert Fireworks.                                Ohio).
 Fireworks Bellevue, KY Ohio River,
 Miles 468.2-469.2 (Kentucky & Ohio).
1 Day--First week in August..........  Gliers Goetta Fest LLC.  Newport, KY............  Ohio River, Miles 469.0-
                                                                                471.0.
----------------------------------------------------------------------------------------------------------------

    The effect of this proposed rule would be to restrict general
navigation during these events. Vessels intending to transit the
designated waterways during effective periods of the special local
regulations would only be allowed to transit the area when the COTP or
designated representative, has deemed it would be safe to do so or at
the completion of the event.

IV. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This NPRM has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, the NPRM has not been reviewed by the Office of Management
and Budget (OMB).
    The Coast Guard expects the economic impact of this proposed rule
to be minimal, therefore a full regulatory evaluation is unnecessary.
This proposed rule would establish special local regulations limiting
access to certain areas described in 33 CFR 100.801, Table 1. The
effect of this proposed rulemaking would not be significant because
these special local regulations are limited in scope and duration.
Additionally, the public would be given advance notification through
local forms of notice, the Federal Register, or Notices of Enforcement.
Thus, the public would be able to plan their operations and activities
around enforcement times of the special local regulations. Broadcast
Notices to Mariners, Local Notices to Mariners, and Safety Marine
Information Broadcasts would also inform the community of these special
local regulations. Vessel traffic would be permitted to request
permission from the COTP or a designated representative to enter the
restricted areas.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    While some owners or operators of vessels intending to transit the
regulated area may be small entities, for reasons stated in section
IV.A. above, this proposed rule would not have a significant economic
impact on any owner or operator because they are limited in scope and
will be in effect for short periods of time.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call or email the person listed in the
FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

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

potential effects of this proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. Normally such actions are
categorically excluded from further review under paragraph L[61] of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. of
the Instruction because it involves establishment of special local
regulations related to marine event permits for marine parades,
regattas, and other marine events. We seek any comments or information
that may lead to the discovery of a significant environmental impact
from this proposed rule.

G. Protest Activities

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

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2023-0903 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
    Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
    We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
    Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  46 U.S.C. 70041; 33 CFR 1.05-1.

0
2. In Sec.  100.801, revise and republish Table 1 to Sec.  100.801 to
read as follows:

Sec.  100.801   Annual Marine Events in the Eighth Coast Guard
District.

* * * * *

                Table 1 to Sec.   100.801--Sector Ohio Valley Annual and Recurring Marine Events
----------------------------------------------------------------------------------------------------------------
                 Date                       Event/sponsor         Ohio Valley location        Regulated area
----------------------------------------------------------------------------------------------------------------
1. 3 Days--a weekend in March........  Oak Ridge Rowing         Oak Ridge, TN..........  Clinch River, Mile 48.5-
                                        Association/Cardinal                              52.0 (Tennessee).
                                        Invitational.
2. 1 Day in March....................  Oak Ridge Rowing         Oak Ridge, TN..........  Clinch River, Mile 48.5-
                                        Association/US Rowing                             52.0 (Tennessee).
                                        U19 ID Camp.
3. 1 Day a weekend in March..........  Vanderbilt Rowing/       Nashville, TN..........  Cumberland River, Mile
                                        Vanderbilt Invite.                                188.0-192.7
                                                                                (Tennessee).
4. 2 Days--a weekend in March........  Oak Ridge Rowing         Oak Ridge, TN..........  Clinch River, Mile 48.5-
                                        Association/Atomic                                52.0 (Tennessee).
                                        City Turn and Burn.
5. 3 Days--One weekend in April......  Big 10 Invitational      Oak Ridge, TN..........  Clinch River, Mile 48.5-
                                        Regatta.                                          52.0 (Tennessee).
6. 1 Day--One weekend in April.......  Lindamood Cup..........  Marietta, OH...........  Muskingum River, Mile
                                                                                0.5-1.5 (Ohio).
7. 3 Days--a weekend in April........  Oak Ridge Rowing         Oak Ridge, TN..........  Clinch River, Mile 48.5-
                                        Association/SIRA                                  52.0 (Tennessee).
                                        Regatta.
8. 2 Days--Third or fourth Friday and  Thunder Over Louisville  Louisville, KY.........  Ohio River, Mile 597.0-
 Saturday in April.                                                                       604.0 (Kentucky).
9. 1 Day--During the last week of      Great Steamboat Race...  Louisville, KY.........  Ohio River, Mile 595.0-
 April or first week of May.                                                              605.3 (Kentucky).
10. 3 Days--a weekend in April.......  Oak Ridge Rowing         Oak Ridge, TN..........  Clinch River, Mile 48.5-
                                        Association/Dogwood                               52.0 (Tennessee).
                                        Junior Regatta.
11. 3 Days in May....................  Oak Ridge Rowing         Oak Ridge, TN..........  Clinch River, Mile 48.5-
                                        Association/AAC                                   52.0 (Tennessee).
                                        Championship.
12. 4 Days in May....................  Oak Ridge Rowing         Oak Ridge, TN..........  Clinch River, Mile 48.5-
                                        Association/ACRA                                  52.0 (Tennessee).
                                        Championship.

13. 3 Days in May....................  US Rowing Southeast      Oak Ridge, TN..........  Clinch River, Mile 48.5-
                                        Youth Championship                                52 (Tennessee).
                                        Regatta.
14. 3 Days--a weekend in May.........  Vanderbilt Rowing/ACRA   Nashville, TN..........  Cumberland River, Mile
                                        Henley.                                           188.0-194.0
                                                                                (Tennessee).
15. 3 Days--a weekend in May.........  Oak Ridge Rowing         Oak Ridge, TN..........  Clinch River, Mile 48.5-
                                        Association/SRAA                                  52.0 (Tennessee).
                                        Championships.
16. 3 Days--A weekend in May or June.  Oak Ridge Rowing         Oak Ridge, TN..........  Clinch River, Mile 48.5-
                                        Association/Dogwood                               52.0 (Tennessee).
                                        Masters.
17. 1 Day--a weekend in May..........  World Triathlon          Chattanooga, TN........  Tennessee River, Mile
                                        Corporation/IRONMAN                               462.7-467.5
                                        70.3.                                             (Tennessee).
18. 2 Days--Saturday and Sunday        Powerboat Nationals--    Point Marion, PA.......  Monongahela River,
 before Memorial Day.                   Point Marion.                                     Miles 89.0-91.0
                                                                                (Pennsylvania).
19. 1 Day--During the last weekend in  Mayor's Hike, Bike and   Louisville, KY.........  Ohio River, Mile 601.0-
 May or on Memorial Day.                Paddle.                                           604.5 (Kentucky).
20. 1 Day in May.....................  Chickamauga Dam Swim...  Chattanooga, TN........  Tennessee River, Mile
                                                                                470.0-473.0
                                                                                (Tennessee).
21. 2 Days--Last weekend in May or     Visit Knoxville/Racing   Knoxville, TN..........  Tennessee River, Mile
 first weekend in June.                 on the Tennessee.                                 647.0-648.0
                                                                                (Tennessee).
22. 1 Day in May.....................  Outdoor Chattanooga/     Chattanooga, TN........  Tennessee River, Mile
                                        Nooga Loop.                                       452.0-458.0
                                                                                (Tennessee).
23. 2 Days--First weekend of June....  Thunder on the Bay/KDBA  Pisgah Bay, KY.........  Tennessee River, Mile
                                                                                30.0 (Kentucky).
24. 1 Day--First weekend in June.....  Visit Knoxville/         Knoxville, TN..........  Tennessee River, Mile
                                        Knoxville Powerboat                               646.4-649.0
                                        Classic.                                          (Tennessee).
25. 3 Days--One of the last three      Lawrenceburg Regatta/    Lawrenceburg, IN.......  Ohio River, Mile 491.0-
 weekends in June.                      Whiskey City Regatta.                             497.0 (Indiana).
26. 3 Days--One of the last three      Hadi Shrine/Evansville   Evansville, IN.........  Ohio River, Mile 790.0-
 weekends in June.                      Shriners Festival.                                796.0 (Indiana).
27. 3 Days--Third weekend in June....  TM Thunder LLC/Thunder   Nashville, TN..........  Cumberland River, Mile
                                        on the Cumberland.                                189.6-192.3
                                                                                (Tennessee).
28. 1 Day--Third or fourth weekend in  Greater Morgantown       Morgantown, WV.........  Monongahela River, Mile
 June.                                  Convention and                                    101.0-102.0 (West
                                        Visitors Bureau/                                  Virginia).
                                        Mountaineer Triathlon.
29. 1 Day--A weekend in June.........  Team Magic/Chattanooga   Chattanooga, TN........  Tennessee River, Mile
                                        Waterfront Triathlon.                             462.5-466.0
                                                                                (Tennessee).
30. 1 Day--One weekend in June.......  Race on the Oyo........  Racine, OH, to Point     Ohio River Mile 242.0-
                                                                 Pleasant, WV.            265.0 (Ohio).
31. 3 Days in June...................  Lake Guntersville        Guntersville, AL.......  Tennessee River 355.5-
                                        Hydrofest.                                        365.5 (Alabama).
32. 1 Day in June....................  Music City Triathlon...  Nashville, TN..........  Cumberland River, Mile
                                                                                189.7-192.3
                                                                                (Tennessee).
33. 1 Day--Last Weekend in June or     Charleston Sternwheel    Charleston, WV.........  Kanawha River Mile 58.0-
 first weekend in July.                 Regatta.                                          59.0 (West Virginia).
34. 3 Days--The last weekend in June   Madison Regatta........  Madison, IN............  Ohio River, Mile 554.0-
 or one of the first two weekends in                                                      561.0 (Indiana).
 July.
35. 1 Day in July....................  Three Rivers Regatta...  Knoxville, TN..........  Tennessee River, Mile
                                                                                642-653 (Tennessee).
36. 1 Day in July....................  Tri-Louisville.........  Louisville, KY.........  Ohio River, Mile 600.5-
                                                                                604.0 (Kentucky).
37. 1 Day in July....................  PADL...................  Cannelton, IN..........  Ohio River, Miles 719.0-
                                                                                727.0 (Kentucky).
38. 1 Day--First week in July........  Cincinnati Parks--       Cincinnati, OH.........  Ohio River, Miles 469-
                                        Sawyer Point/                                     470 (Ohio).
                                        Cincinnati Parks Board.
39. 1 Day--First week in July........  City of New Richmond,    New Richmond, OH.......  Ohio River, Mile 449.5-
                                        Riverdays/VFW.                                    450.5 (Ohio).
40. 1 Day--During the first week of    Evansville Freedom       Evansville, IN.........  Ohio River, Mile 790.0-
 July.                                  Celebration/4th of                                797.0 (Indiana).
                                        July Freedom
                                        Celebration.
41. First weekend in July............  Eddyville Creek Marina/  Eddyville, KY..........  Cumberland River, Mile
                                        Thunder Over Eddy Bay.                            46.0-47.0 (Kentucky).
42. 2 Days--One of the first two       Thunder on the Bay/KDBA  Pisgah Bay, KY.........  Tennessee River, Mile
 weekends in July.                                                                        30.0 (Kentucky).
43. 1 Day--Second weekend in July....  Bradley Dean/            Florence, AL...........  Tennessee River, Mile
                                        Renaissance Man                                   254.0-258.0 (Alabama).
                                        Triathlon.
44. 2 Days--Second weekend in July...  New Martinsville         New Martinsville, WV...  Ohio River Mile 127.5-
                                        Vintage Regatta.                                  128.5 (West Virginia).
45. 1 Day--Third or fourth Sunday of   Tucson Racing/           Cincinnati, OH.........  Ohio River, Mile 468.3-
 July.                                  Cincinnati Triathlon.                             471.2 (Ohio).
46. 2 Days--One of the last three      Dare to Care/KFC         Louisville, KY.........  Ohio River, Mile 600.0-
 weekends in July.                      Mayor's Cup Paddle                                605.0 (Kentucky).
                                        Sports Races/Voyageur
                                        Canoe World
                                        Championships.

47. 2 Days--Last two weeks in July or  Friends of the           Pittsburgh, PA.........  Allegheny River, Mile
 first three weeks of August.           Riverfront Inc./                                  0.0-1.5
                                        Pittsburgh Triathlon                              (Pennsylvania).
                                        and Adventure Races.
48. 1 Day--Last weekend in July......  Maysville Paddlefest...  Maysville, KY..........  Ohio River, Mile 408-
                                                                                409 (Kentucky).
49. 2 Days--One weekend in July......  Marietta Riverfront      Marietta, OH...........  Ohio River, Mile 171.6-
                                        Roar Regatta.                                     172.6 (Ohio).
50. 1 Day in August..................  Three Rivers Regatta...  Knoxville, TN..........  Tennessee River 642.0-
                                                                                653.0 (Tennessee).
51. 1 Day in August..................  K-Town On The River....  Knoxville, TN..........  Tennessee River 648-650
                                                                                (Tennessee).
52. 1 Day--first Sunday in August....  Above the Fold Events/   Ashland City, TN.......  Cumberland River, Mile
                                        Riverbluff Triathlon.                             157.0-159.5
                                                                                (Tennessee).
53. 3 Days--First week of August.....  EQT Pittsburgh Three     Pittsburgh, PA.........  Allegheny River mile
                                        Rivers Regatta.                                   0.0-1.0, Ohio River
                                                                                mile 0.0-0.8,
                                                                                Monongahela River mile
                                                                                0.5 (Pennsylvania).
54. 2 Days--First weekend of August..  Thunder on the Bay/KDBA  Pisgah Bay, KY.........  Tennessee River, Mile
                                                                                30.0 (Kentucky).
55. 1 Day--in August.................  Riverbluff Triathlon...  Ashland City, TN.......  Cumberland River, Mile
                                                                                157.0-159.0
                                                                                (Tennessee).
56. 1 Day--In August.................  Team Rocket Tri Club/    Huntsville, AL.........  Tennessee River, Mile
                                        Swim Hobbs Island.                                332.3-338.0.
57. 1 Day--In August.................  Team Rocket Tri-Club/    Huntsville, AL.........  Tennessee River, Mile
                                        Rocketman Triathlon.                              332.2-335.5 (Alabama).
58. 1 Day--One of the first two        Adventure Crew/Ohio      Cincinnati, OH.........  Ohio River, Mile 464.5-
 weekends in August.                    River Paddlefest.                                 477 (Ohio and
                                                                                Kentucky).
59. 2 Days--Third full weekend         Ohio County Tourism/     Rising Sun, IN.........  Ohio River, Mile 504.0-
 (Saturday and Sunday) in August.       Rising Sun Boat Races.                            508.0 (Indiana and
                                                                                Kentucky).
60. 3 Days--Second or Third weekend    Kittanning Riverbration  Kittanning, PA.........  Allegheny River mile
 in August.                             Boat Races.                                       42.0-46.0
                                                                                (Pennsylvania).
61. 3 Days--One of the last two        Thunder on the Green...  Livermore, KY..........  Green River, Mile 69.0-
 weekends in August.                                                                      72.5 (Kentucky).
62. 1 Day in August..................  Tennessee Clean Water    Knoxville, TN..........  Tennessee River, Mile
                                        Network/Downtown                                  646.3-648.7
                                        Dragon Boat Races.                                (Tennessee).
63. 2 Days--One weekend in August....  Powerboat Nationals--    Ravenswood, WV.........  Ohio River, Mile 220.5-
                                        Ravenswood Regatta.                               221.5 (West Virginia).
64. 2 Days--One weekend in August....  Powerboat Nationals--    Parkersburg, WV........  Ohio River Mile 183.5-
                                        Parkersburg Regatta/                              285.5 (West Virginia).
                                        Parkersburg Homecoming.
65. 2 Days in August.................  Ironman Triathlon......  Louisville, KY.........  Ohio River, Mile 600.5-
                                                                                605.5 (Kentucky).
66. 3 Days--One weekend in August....  Grand Prix of            Louisville, KY.........  Ohio River, Mile 601.0-
                                        Louisville.                                       605.0 (Kentucky).
67. 3 Days--One weekend in August....  Evansville HydroFest...  Evansville, IN.........  Ohio River, Mile 790.5-
                                                                                794.0 (Indiana).
68. 3 Days--One weekend in the month   Owensboro HydroFair....  Owensboro, KY..........  Ohio River, Mile 794.0-
 of August.                                                                               760.0 (Kentucky).
69. 1 Day--First or second weekend of  SUP3Rivers The           Pittsburgh, PA.........  Monongahela River mile
 September.                             Southside Outside.                                0.0-3.09 Allegheny
                                                                                River mile 0.0-0.6
                                                                                (Pennsylvania).
70. 1 Day--First weekend in September  Mayor's Hike, Bike and   Louisville, KY.........  Ohio River, Mile 601.0-
 or on Labor Day.                       Paddle.                                           610.0 (Kentucky).
71. 2 Days--Sunday before Labor Day    Cincinnati Bell, WEBN,   Cincinnati, OH.........  Ohio River, Mile 463.0-
 and Labor Day.                         and Proctor and Gamble/                           477.0 (Kentucky and
                                        Riverfest.                                        Ohio) and Licking
                                                                                River Mile 0.0-3.0
                                                                                (Kentucky).
72. 2 Days--Labor Day weekend........  Wheeling Vintage Race    Wheeling, WV...........  Ohio River, Mile 90.4-
                                        Boat Association Ohio/                            91.5 (West Virginia).
                                        Wheeling Vintage
                                        Regatta.
73. 3 Days--The weekend of Labor Day.  Portsmouth River Days..  Portsmouth, OH.........  Ohio River, Mile 355.5-
                                                                                356.8 (Ohio).
74. 2 Days--One of the first three     Louisville Dragon Boat   Louisville, KY.........  Ohio River, Mile 602.0-
 weekends in September.                 Festival.                                         604.5 (Kentucky).
75. 2 Days--One of the first three     State Dock/Cumberland    Jamestown, KY..........  Lake Cumberland
 weekends in September.                 Poker Run.                                        (Kentucky).
76. 3 Days--One of the first three     Fleur de Lis Regatta...  Louisville, KY.........  Ohio River, Mile
 weekends in September.                                                                   594.0.0-598.0
                                                                                (Kentucky).
77. 1 Day in September...............  City of Clarksville/     Clarksville, TN........  Cumberland River, Mile
                                        Riverfest.                                        125.0-126.0
                                                                                (Tennessee).
78. 3 Days in September..............  Music City Grand Prix..  Nashville, TN..........  Cumberland River 190-
                                                                                191 (Tennessee).
79. 1 Day--One Sunday in September...  Ohio River Sternwheel    Marietta, OH...........  Ohio River, Mile 170.5-
                                        Festival Committee                                172.5 (Ohio).
                                        Sternwheel race
                                        reenactment.

80. 1 Day--One weekend in September..  Parkesburg Paddle Fest.  Parkersburg, WV........  Ohio River, Mile 184.3-
                                                                                188 (West Virginia).
81. 2 Days--One of the last three      Madison Vintage Thunder  Madison, IN............  Ohio River, Mile 556.5-
 weekends in September.                                                                   559.5 (Indiana).
82. 1 Day--Third Sunday in September.  Team Rocket Tri Club/    Huntsville, AL.........  Tennessee River, Mile
                                        Swim Hobbs Island.                                332.3-338.0 (Alabama).
83. 1 Day in September...............  Knoxville Open Water     Knoxville, TN..........  Tennessee River, Mile
                                        Swimmers/Bridges to                               641.0-648.0
                                        Bluffs.                                           (Tennessee).
84. 1 Day--Last Sunday in August or    Adventure Crew/Great     Cincinnati, OH.........  Ohio River, Mile 468.8-
 Second Sunday in September.            Ohio River Swim.                                  471.2 (Ohio and
                                                                                Kentucky).
85. 1 Day--One of the last two         Ohio River Open Water    Prospect, KY...........  Ohio River, Mile 587.0-
 weekends in September.                 Swim.                                             591.0 (Kentucky).
86. 2 Days--One of the last three      Captain Quarters         Louisville, KY.........  Ohio River, Mile 594.0-
 weekends in September or the first     Regatta.                                          598.0 (Kentucky).
 weekend in October.
87. 3 Days--One of the last three      Owensboro Air Show.....  Owensboro, KY..........  Ohio River, Mile 754.0-
 weekends in September or one of the                                                      760.0 (Kentucky).
 first two weekends in October.
88. 1 Day in September...............  World Triathlon          Chattanooga, TN........  Tennessee River, Mile
                                        Corporation/IRONMAN                               462.7-467.5
                                        Chattanooga.                                      (Tennessee).
89. 3 Days--Last weekend of September  New Martinsville         New Martinsville, WV...  Ohio River, Mile 128-
 and/or first weekend in October.       Records and Regatta                               129 (West Virginia).
                                        Challenge Committee.
90. 2 Days--First weekend of October.  Three Rivers Rowing      Pittsburgh, PA.........  Allegheny River mile
                                        Association/Head of                               0.0-5.0
                                        the Ohio Regatta.                                 (Pennsylvania).
91. 1 Day in October.................  Chattajack.............  Chattanooga, TN........  Tennessee River, Miles
                                                                                462.7-465.5
                                                                                (Tennessee).
92. 1 Day in October.................  Cumberland River         Nashville, TN..........  Cumberland River, Mile
                                        Compact/Cumberland                                189.7-192.1
                                        River Dragon Boat                                 (Tennessee).
                                        Festival.
93. 1 Day in October.................  Outdoor Chattanooga/     Chattanooga, TN........  Tennessee River, Miles
                                        Swim the Suck.                                    443-455 (Tennessee).
94. 1 Day in October.................  Lookout Rowing Club/     Chattanooga, TN........  Tennessee River, Mile
                                        Chattanooga Head Race.                            463.0-468.0
                                                                                (Tennessee).
95. 1 Day in October.................  Shoals Scholar Dollar..  Florence, AL...........  Tennessee River 255-257
                                                                                (Alabama).
96. 2 Days in October................  Music City Head Race...  Nashville, TN..........  Cumberland River 190-
                                                                                195 (Tennessee).
97. 2 Days--First or second week of    Head of the Ohio Rowing  Pittsburgh, PA.........  Allegheny River, Mile
 October.                               Race.                                             0.0-3.0
                                                                                (Pennsylvania).
98. 2 Days--in October...............  Oak Ridge Rowing         Oak Ridge, TN..........  Clinch River, Mile 46.0-
                                        Association/Secret                                54.0 (Tennessee).
                                        City Head Race Regatta.
99. 3 Days--a weekend in November....  Head of the Hooch        Chattanooga, TN........  Tennessee River, Mile
                                        Regatta.                                          463.0-468.0
                                                                                (Tennessee).
100. 1 Day--Second weekend in          Charleston Lighted Boat  Charleston, WV.........  Kanawha River, Mile
 December.                              Parade.                                           54.3-60.3 (West
                                                                                Virginia).
----------------------------------------------------------------------------------------------------------------

    Dated: December 6, 2023.
H.R. Mattern,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2023-27306 Filed 12-12-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: August 9, 2007 (Volume 72, Number 153)]
[Notices]
[Page 44838]
[DOCID:fr09au07-56]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP07-478-001; RP07-479-001]

Columbia Gulf Transmission Corporation; Columbia Gas Transmission
Corporation (Not Consolidated); Notice of Change in Effective Date

August 2, 2007.
    Take notice that on August 1, 2007, Columbia Gulf Transmission
Corporation (RP07-478-001) and Columbia Gas Transmission Corporation
(RP07-479-001) (collectively, Columbia) tendered for filing a request
that the Commission approve a change in the effective date of the
tariff sheets submitted in the above-referenced proceedings from
September 1, 2007, to become effective October 1, 2007, as proposed in
Columbia's June 5, 2007 filings.
    Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing 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. Such protests
must be filed on or before the date as indicated below. Anyone filing a
protest must serve a copy of that document on all the parties to the
proceeding.
    The Commission encourages electronic submission of protests in lieu
of paper using the ``eFiling'' link at http://www.ferc.gov. Persons

unable to file electronically should submit an original and 14 copies
of the protest 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 Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on August 8, 2007.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-15526 Filed 8-8-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 73 (Monday, April 19, 2021)]
[Notices]
[Page 20369]
[FR Doc No: 2021-07983]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Number: PR21-41-000.
    Applicants: EasTrans, LLC.
    Description: Tariff filing per 284.123(b),(e)/: EasTrans SOC 5.0.0
Cashout Amendment to be effective 3/8/2021 under PR21-41.
    Filed Date: 4/7/2021.
    Accession Number:<PHONE_NUMBER>19.
    Comments/Protests Due: 5 p.m. ET 4/28/2021.

    Docket Number: PR21-42-000.
    Applicants: Columbia Gas of Ohio, Inc.
    Description: Tariff filing per 284.123(b),(e)/: COH Rates effective
March 30, 2021 to be effective 3/30/2021.
    Filed Date: 4/9/2021.
    Accession Number:<PHONE_NUMBER>62.
    Comments/Protests Due: 5 p.m. ET 4/30/2021.

    Docket Number: PR21-43-000.
    Applicants: Valley Crossing Pipeline, LLC.
    Description: Tariff filing per 284.123(b),(e)/: Valley Crossing SOC
Contact Person Update to be effective 4/14/2021 under PR21-43.
    Filed Date: 4/9/2021.
    Accession Number:<PHONE_NUMBER>75.
    Comments/Protests Due: 5 p.m. ET 4/30/2021.

    Docket Numbers: RP21-702-001.
    Applicants: Natural Gas Pipeline Company of America.
    Description: Tariff Amendment: Amendment Filing to a Negotiated
Rate Agreement--Sempra Gas & Power to be effective 4/1/2021.
    Filed Date: 4/8/21.
    Accession Number: 20210408-5290.
    Comments Due: 5 p.m. ET 4/20/21.

    Docket Numbers: RP21-730-000.
    Applicants: Guardian Pipeline, L.L.C.
    Description: Sec.  4(d) Rate Filing: Updated Negotiated Rate PAL
Agreements--February 2021 to be effective 5/10/2021.
    Filed Date: 4/9/21.
    Accession Number: 20210409-5065.
    Comments Due: 5 p.m. ET 4/21/21.

    Docket Numbers: RP21-731-000.
    Applicants: Columbia Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: April 9 21 Neg Rate Agmts to
be effective 4/9/2021.
    Filed Date: 4/9/21.
    Accession Number: 20210409-5085.
    Comments Due: 5 p.m. ET 4/21/21.

    Docket Numbers: RP21-732-000.
    Applicants: Natural Gas Pipeline Company of America.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Agreements
Filing--Macquarie Energy to be effective 4/10/2021.
    Filed Date: 4/9/21.
    Accession Number: 20210409-5140.
    Comments Due: 5 p.m. ET 4/21/21.

    Docket Numbers: RP21-733-000.
    Applicants: Rockies Express Pipeline LLC.
    Description: Sec.  4(d) Rate Filing: REX 2021-04-09 Administrative
Changes to be effective 5/10/2021.
    Filed Date: 4/9/21.
    Accession Number: 20210409-5188.
    Comments Due: 5 p.m. ET 4/21/21.

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

    Dated: April 13, 2021.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2021-07983 Filed 4-16-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: December 6, 2006 (Volume 71, Number 234)]
[Proposed Rules]
[Page 70699-70702]
[DOCID:fr06de06-17]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2006-0545; FRL-8251-6]

Approval and Promulgation of Implementation Plans; Ohio; Volatile
Organic Compound Emission Control Measures for Cincinnati and Dayton

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: On May 9, 2006, the Ohio Environmental Protection Agency (Ohio
EPA) submitted several volatile organic compound (VOC) rules for
approval into the State Implementation Plan (SIP). The primary purpose
of the rules is to partially replace the VOC reductions from Ohio's
vehicle inspection and maintenance (E-Check) program (which ended on
December 31, 2005) in the Cincinnati and Dayton areas. These
replacement rules include a provision requiring the use of lower
emitting solvents in cold cleaner degreasers, the use of more efficient
auto refinishing painting application techniques and a rule requiring
the use of lower emitting portable fuel containers. These rules are
approvable because they contain more stringent requirements than Ohio's
existing rules and they are enforceable. Ohio has correctly calculated
their VOC emission reduction impact. EPA is also approving several
other rule revisions, all of which meet EPA requirements, including an
exemption for its printing rules, a site-specific rule for an aerosol
can filling facility, elimination of the fluid catalytic cracking unit
limitations for a Marathon Petroleum LLC facility, and an alternative
leak detection and repair program for the Premcor Lima Refinery.

DATES: Comments must be received on or before January 5, 2007.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2006-0545, by one of the following methods:
     http://www.regulations.gov: Follow the online instructions for

submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: John M. Mooney, Chief, Criteria Pollutant Section,
Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77
West Jackson Boulevard, Chicago, Illinois 60604.
     Hand Delivery: John M. Mooney, Chief, Criteria Pollutant
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, 18th floor, Chicago, Illinois 60604.
Such deliveries are only accepted during the Regional Office's normal
hours of operation, and special arrangements should be made for
deliveries of boxed information. The Regional Office official hours of
business are Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding
Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2006-0545. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information provided,

unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through http://www.regulations.gov or e-mail.

The http://www.regulations.gov Web site is an ``anonymous access'' system,

which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through http://www.regulations.gov

your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
instructions on submitting comments, go to Section I of the
SUPPLEMENTARY INFORMATION section of this document.
    Docket: All documents in the docket are listed in the
http://www.regulations.gov index. Although listed in the index, some

information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Environmental

Protection Agency, Region 5, Air and Radiation Division, 77 West
Jackson Boulevard, Chicago, Illinois 60604. This Facility is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. We recommend that you telephone Steven Rosenthal at (312)
886-6052 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Steven Rosenthal, Environmental
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J),
U.S. Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:

I. What Should I Consider as I Prepare My Comments for EPA?
II. What Action Is EPA Taking Today?
III. What Is the Purpose of This Action?
IV. What Is EPA's Analysis of Ohio's Submitted VOC Rules?
V. Statutory and Executive Order Reviews

I. What Should I Consider as I Prepare My Comments for EPA?

    When submitting comments, remember to:
    1. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
    2. Follow directions--The EPA may ask you to respond to specific
questions

or organize comments by referencing a Code of Federal Regulations (CFR)
part or section number.
    3. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    4. Describe any assumptions and provide any technical information
and/or data that you used.
    5. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    6. Provide specific examples to illustrate your concerns, and
suggest alternatives.
    7. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    8. Make sure to submit your comments by the comment period deadline
identified.

II. What Action Is EPA Taking Today?

    EPA is proposing to approve several VOC rules into the OhioSIP.
These include more stringent solvent degreasing rules, an exemption for
its printing rules, a site-specific rule for an aerosol can filling
facility, elimination of the fluid catalytic cracking unit limitations
for a Marathon Petroleum Company LLC facility, an alternative leak
detection and repair program for the Premcor Lima Refinery, a rule
requiring the marketing and sale of only low-emitting portable fuel
containers, and a rule including the use of high efficiency paint
application equipment at auto body refinishing operations.

III. What Is the Purpose of This Action?

    The primary purpose of the rules that Ohio submitted is to obtain
VOC emission reductions to partially offset the increase in VOC
emissions resulting from elimination of its E-Check program in the
Cincinnati and Dayton areas. Ohio EPA has submitted additional VOC and
nitrogen oxide emission reduction measures to fully compensate for this
increase in emissions. These additional emission reduction measures, as
well as other demonstrations needed to remove the E-Check program from
the Ohio SIP, will be the subject of future rulemaking actions. Ohio
has also submitted several site-specific rule revisions that have been
requested by emission sources in Ohio. These rule revisions are also
addressed in this notice.

IV. What Is EPA's Analysis of Ohio's Submitted VOC Rules?

A. New VOC Rules and Rule Revisions

(1) 3745-21-09(O)--Solvent Metal Cleaning
    A new paragraph (3745-21-09(O)(2)(e)(i)) restricts owners and
operators of cold cleaners located in the Cincinnati and Dayton ozone
nonattainment areas to the use of solvents with a maximum vapor
pressure of 1.0 mmHg, which results in a 67 percent emission reduction,
after a compliance date of May 1, 2006 (as specified in 3745-21-
04(C)(16)(c). This vapor pressure limitation was chosen to further
reduce VOC emissions from cold cleaners. An exemption was added for the
cleaning of paint gun parts. This exemption, in 3745-21-
09(O)(2)(e)(iv), is approvable because the requirement to use less
volatile paint cleaners would probably require the use of higher
emitting processes and because the removal of paint and coatings from
paint gun parts is not generally considered, and regulated, by cold
cleaning regulations. In addition, 3745-21-(6)(b) clarifies that
regardless of whether or not a solvent metal cleaning operation is
exempt from the requirements in 3745-21-09(O)(2)-(O)(5), because it is
subject to the halogenated solvent cleaning rule in subpart T of 40 CFR
Part 63, the solvent in a cold cleaner cannot exceed 1.0 mmHg. These
revisions to the Ohio's solvent metal cleaning rule are approvable
because they make the rule more stringent and are enforceable.
(2) 3745-21-09(T)--Leaks From Petroleum Refinery Equipment
    OAC 3745-21-09(T)(4) allows the director of Ohio EPA to accept an
alternative petroleum refinery monitoring, recordkeeping and reporting
program to that required by (T)(1) of this rule if the alternative
program is at least as effective in identifying, documenting and
reporting leaks as the program in (T)(1). A new paragraph (T)(4)(a)
approves the November 19,2002 alternative monitoring, recordkeeping and
reporting program entitled ``Premcor Lima Refinery, LDAR Plan'' by the
director of Ohio EPA. The alternative monitoring, recordkeeping and
reporting program is approved in the SIP. EPA is hereby approving OAC
3745-21-09(T)(4), and the November 19, 2002, alternative monitoring,
recordkeeping and reporting program entitled ``Premcor Lima Refinery,
LDAR Plan,'' because EPA agrees that this alternative program is at
least as effective as the existing program in (T)(1) in detecting and
reducing emissions from leaks.
 (3) 3745-21-09(Y)--Flexographic, Packaging Rotogravure and Publication
Rotogravure Printing Lines
    A new paragraph, 3745-21-09(Y)(2)(d), was added to exempt any
printing line at a facility in which the total maximum usage of VOC in
all coatings and inks employed in all lines is less than or equal to
one hundred tons per year. This exemption is consistent with EPA
reasonably available control technology (RACT) guidance. New paragraph
3745-21-09(Y)(3) adds a ``once in, always in'' provision which
clarifies that a facility is not eligible for a facility exemption once
the control requirements of this rule apply to a facility. This ``once
in, always in'' provision is also consistent with EPA RACT policy.
These new paragraphs are approvable.
(4) 3745-21-09(RR)--Sherwin Williams Diversified Brands
    This new paragraph contains site-specific RACT requirements for the
Sherwin Williams facility in Bedford Heights that fills aerosol cans.
The primary source of emissions from this facility is filling aerosol
cans with VOC propellant. The numerical emission limit is 0.75 pounds
of VOC per 1,000 aerosol cans produced, which also includes, for each
rolling 12-month period, the emissions from Sherwin Williams' liquid
mixing tanks, can liquid filling operations, gashouse operations, can
brushing operations and can piercing operations. The RACT requirements
specify a minimum 90% control efficiency for the required thermal
incinerator, and specify that VOC emissions from non-emergency safety
diversions of a thermal incinerator are to be included in determining
compliance with the VOC emission rate limitation. This rule is
approvable because (1) it requires that, when operating, a gashouse
(the largest emission source where the propellant is added) thermal
incinerator meets a minimum 90% destruction efficiency and (2)
clarifies safety diversions, the emissions which are included in the
0.75 lbs VOC/1000 cans limit, as well as emergency events (during which
the line is shut down), which are not included. The safety diversion
and emergency event provisions are necessary because of the potential
for an explosion in using an incinerator to control gashouse emissions.

(5) 3745-21-09(VV)--Marathon Petroleum Company
    The control requirements for the Marathon facility's fluid
catalytic cracking unit, previously contained in 3745-21-09(VV)(1),
have been deleted in order to reduce overlapping and conflicting
requirements with the National Emission Standard for Hazardous Air
Pollutants from PetroleumRefineries (Refinery MACT). Deletion of 3745-
21-09(VV)(1) is approvable because the control requirements in 40 CFR
Part 63,Subpart UUU of the Refinery MACT are at least as stringent as
the control requirements in 3745-21-09(VV)(1), and will achieve
equivalent or greater emission reductions from the Marathon facility's
fluid catalytic cracking unit.
(6) 3745-21-17--Portable Fuel Container and Spouts
    This new rule, containing the standards for portable fuel
containers (PFCs), was added as an additional control strategy to lower
future VOC emissions throughout Ohio. PFCs are used to transport and
store fuel(gasoline, kerosene and diesel fuel) from a retail
distribution point to a point of use and eventually dispense fuel into
equipment (e.g., a lawnmower). These containers come in a variety of
shapes and sizes with nominal capacities ranging from 1 to over 6
gallons. This rule is based upon the rule by the California Air
Resources Board (CARB), which is the leader in PFC technology. This
rule is enforceable, and, based upon CARB test data, PFCs meeting these
limits will achieve a 75 percent emission reduction. This rule is
therefore approvable.
(7) 3745-21-18--Commercial Motor Vehicle and Mobile Equipment
Refinishing Operations
    This new rule was added to lower VOC emissions from auto body
refinishing operations, most of which are at small body shops that
repair and refinish automobiles. This rule eliminates the use of air
spray, which has a low transfer efficiency resulting in higher
emissions, requires proper training in the use of paint application
equipment, specifies proper spray gun cleaning techniques and requires
that VOC containing materials be stored in nonabsorbent, non-leaking
containers and that the containers be closed when not in use. This rule
also requires that auto body refinishing facilities provide
documentation of the above cited control measures. This rule is
approvable because it eliminates air spray and adds additional control
measures that must be properly documented.

B. Revisions That Correct Errors in Previously Adopted and Effective
(On May 27, 2005) VOC RACT Rules

(1) 3745-21-01(V)(9)--Control Device Definition
    This definition of a control device for SOCMI Reactors
andDistillation Units was amended to eliminate a reference to a rule
section that had been removed. This revised definition is approvable
because it properly defines a control device and clarifies that a
recovery device is not considered a control device.
(2) 3745-21-12(H)(4)--Bakeries
    This section requires any uncontrolled bakery oven exempted under
paragraph (D)(2), and not (D)(2)(a) which does not exist, to keep
records to determine whether the applicability cutoffs in (D)(2) have
been exceeded. This section also requires that Ohio EPA or its
delegated local air agency be notified if the applicability cutoff in
(D)(2) has been exceeded. This section is therefore approvable.
(3) 3745-21-01(AA)--Incorporation by Reference
    The revisions to the incorporation by reference section include
both minor changes to properly format citations and new references to
materials referenced in Ohio's VOC regulations. These revisions include
the addition of the ``Standard Specification for Portable Kerosene
Containers for Consumer Use,'' ``Standard Specification for Portable
Gasoline Containers for Consumer Use,'' ``Code for the Manufacture and
Storage of Aerosol Products,'' and ``Protocol for Determining the Daily
Volatile Organic Compound Emission Rate of Automobile and Light-Duty
Truck Topcoat Operations,'' and are approvable.

C. Analysis of VOC Emission Reductions From Individual Control Measures
Analyses (Please note that these rules have been previously described
in section IV. (A))

(1) 3745-21-09(O)--Solvent Metal Cleaning
    Reducing the vapor pressure in cold cleaners to no greater than 1.0
mmHg has been documented to result in a 67 percent reduction in VOC
emissions. Such reduction is based upon a survey of existing solvent
vapor pressures. This regulation is based on similar regulations
previously promulgated in the Chicago/Metro East areas of Illinois,
which was also used as a basis for the Ozone Transport Commission (OTC)
model rule as discussed in ``Industrial Cleaning'', Midwest RPO (LADCO)
white paper dated March 14, 2005. EPA's default 80 percent rule
effectiveness was also applied. Using 2002 baseline emissions for VOC
(tons/day), a growth factor of 1.199, a 67 percent reduction and an 80
percent rule effectiveness resulted in Cincinnati area estimated
reductions of 2.57 tons per day (TPD) for 2006. Dayton area estimated
reductions were determined to be 1.75 TPD for 2006.
(2) 3745-21-18--Commercial Motor Vehicle and Mobile Equipment
Refinishing Operations
    This rule requires the use of higher transfer efficiency paint
application equipment, which has been documented to achieve a 35
percent reduction, according to the OTC Pechan Report, dated March
2001, and in the LADCO white paper ``Auto Body Refinishing,'' dated
March 28, 2005. EPA's default 80 percent rule effectiveness was also
applied. Using 2002 baseline emissions for VOC (tons/day), a 1.175
growth factor, a 35 percent reduction and an 80 percent rule
effectiveness resulted in Cincinnati area estimated reductions of 0.44
TPD for 2006. Dayton area estimated reductions were determined to be
0.30 TPD for 2006.
(3) 3745-21-17--Portable Fuel Container and Spouts
    A February 9, 2005 LADCO white paper estimates that 12,694 tons of
VOCs are emitted yearly in Ohio from PFCs. Ohio has adopted this rule
based on CARB's PFC rule, which has been documented by CARB to achieve
a 75 percent VOC reduction. Emission reductions are estimated by
considering a 75 percent control efficiency, a 10 percent annual
turnover rate, and an 80 percent rule effectiveness. These reductions
will begin to occur in 2007, when this rule goes into effect.

V. Statutory and Executive Order Reviews

Executive Order 12866; Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, September 30, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget.

Paperwork Reduction Act

    This proposed rule does not impose an information collection burden
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.).

Regulatory Flexibility Act

    This proposed action merely proposes to approve state law as
meeting Federal requirements and imposes no additional requirements
beyond those imposed by state law. Accordingly, the Administrator
certifies that this proposed rule will not have a significant economic
impact on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.).

Unfunded Mandates Reform Act

    Because this rule proposes to approve pre-existing requirements
under state law and does not impose any additional enforceable duty
beyond that required by state law, it 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).

Executive Order 13132 Federalism

    This action also does not have Federalism implications because it
does not have substantial direct effects on the states, on the
relationship between the national government and the states, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). This action merely proposes to approve a state rule
implementing a federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act.

Executive Order 13175 Consultation and Coordination With Indian Tribal
Governments

    This proposed rule also does not have tribal implications because
it will 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, as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000).

Executive Order 13045 Protection of Children From Environmental Health
and Safety Risks

    This proposed rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.

Executive Order 13211: Actions That Significantly Affect Energy Supply,
Distribution, or Use

    Because it is not a ``significant regulatory action'' under
Executive Order 12866 or a ``significant regulatory action,'' this
action is also not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001).

National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), 15 U.S.C. 272, requires Federal agencies to use
technical standards that are developed or adopted by voluntary
consensus to carry out policy objectives, so long as such standards are
not inconsistent with applicable law or otherwise impractical. In
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the Clean Air Act. Absent a
prior existing requirement for the state to use voluntary consensus
standards, EPA has no authority to disapprove a SIP submission for
failure to use such standards, and it would thus be inconsistent with
applicable law for EPA to use voluntary consensus standards in place of
a program submission that otherwise satisfies the provisions of the
Clean Air Act. Therefore, the requirements of section 12(d) of the NTTA
do not apply.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.

    Dated: November 21, 2006.
Mary A. Gade,
Regional Administrator, Region 5.
[FR Doc. E6-20638 Filed 12-5-06; 8:45 am]

BILLING CODE 6560-50-P