representation under Sec.  97.916, the Administrator will establish a
compliance account for the Texas SO2 Trading Program source
for which the certificate of representation was submitted, unless the
source already has a compliance account. The designated representative
and any alternate designated representative of the source shall be the
authorized account representative and the alternate authorized account
representative respectively of the compliance account.
    (b) General accounts--(1) Application for general account. (i) Any
person may apply to open a general account, for the purpose of holding
and transferring Texas SO2 Trading Program allowances, by
submitting to the Administrator a complete application for a general
account. Such application shall designate one and only one authorized
account representative and may designate one and only one alternate
authorized account representative who may act on behalf of the
authorized account representative.
    (A) The authorized account representative and alternate authorized
account representative shall be selected by an agreement binding on the
persons who have an ownership interest with respect to Texas
SO2 Trading Program allowances held in the general account.
    (B) The agreement by which the alternate authorized account
representative is selected shall include a procedure for authorizing
the alternate authorized account representative to act in lieu of the
authorized account representative.
    (ii) A complete application for a general account shall include the
following elements in a format prescribed by the Administrator:
    (A) Name, mailing address, email address (if any), telephone
number, and facsimile transmission number (if any) of the authorized
account representative and any alternate authorized account
representative;
    (B) An identifying name for the general account;
    (C) A list of all persons subject to a binding agreement for the
authorized account representative and any alternate authorized account
representative to represent their ownership interest with respect to
the Texas SO2 Trading Program allowances held in the general
account;
    (D) The following certification statement by the authorized account
representative and any alternate authorized account representative: ``I
certify that I was selected as the authorized account representative or
the alternate authorized account representative, as applicable, by an
agreement that is binding on all persons who have an ownership interest
with respect to Texas SO2 Trading Program allowances held in
the general account. I certify that I have all the necessary authority
to carry out my duties and responsibilities under the Texas
SO2 Trading Program on behalf of such persons and that each
such person shall be fully bound by my representations, actions,
inactions, or submissions and by any decision or order issued to me by
the Administrator regarding the general account.''
    (E) The signature of the authorized account representative and any
alternate authorized account representative and the dates signed.
    (iii) Unless otherwise required by the Administrator, documents of
agreement referred to in the application for a general account shall
not be submitted to the Administrator. The Administrator shall not be
under any obligation to review or evaluate the sufficiency of such
documents, if submitted.
    (2) Authorization of authorized account representative and
alternate authorized account representative. (i) Upon receipt by the
Administrator of a complete application for a general account under
paragraph (b)(1) of this section, the Administrator will establish a
general account for the person or persons for whom the application is
submitted, and upon and after such receipt by the Administrator:

    (A) The authorized account representative of the general account
shall be authorized and shall represent and, by his or her
representations, actions, inactions, or submissions, legally bind each
person who has an ownership interest with respect to Texas
SO2 Trading Program allowances held in the general account
in all matters pertaining to the Texas SO2 Trading Program,
notwithstanding any agreement between the authorized account
representative and such person.
    (B) Any alternate authorized account representative shall be
authorized, and any representation, action, inaction, or submission by
any alternate authorized account representative shall be deemed to be a
representation, action, inaction, or submission by the authorized
account representative.
    (C) Each person who has an ownership interest with respect to Texas
SO2 Trading Program allowances held in the general account
shall be bound by any decision or order issued to the authorized
account representative or alternate authorized account representative
by the Administrator regarding the general account.
    (ii) Except as provided in paragraph (b)(5) of this section
concerning delegation of authority to make submissions, each submission
concerning the general account shall be made, signed, and certified by
the authorized account representative or any alternate authorized
account representative for the persons having an ownership interest
with respect to Texas SO2 Trading Program allowances held in
the general account. Each such submission shall include the following
certification statement by the authorized account representative or any
alternate authorized account representative: ``I am authorized to make
this submission on behalf of the persons having an ownership interest
with respect to the Texas SO2 Trading Program allowances
held in the general account. I certify under penalty of law that I have
personally examined, and am familiar with, the statements and
information submitted in this document and all its attachments. Based
on my inquiry of those individuals with primary responsibility for
obtaining the information, I certify that the statements and
information are to the best of my knowledge and belief true, accurate,
and complete. I am aware that there are significant penalties for
submitting false statements and information or omitting required
statements and information, including the possibility of fine or
imprisonment.''
    (iii) Except in this section, whenever the term ``authorized
account representative'' is used in this subpart, the term shall be
construed to include the authorized account representative or any
alternate authorized account representative.
    (3) Changing authorized account representative and alternate
authorized account representative; changes in persons with ownership
interest. (i) The authorized account representative of a general
account may be changed at any time upon receipt by the Administrator of
a superseding complete application for a general account under
paragraph (b)(1) of this section. Notwithstanding any such change, all
representations, actions, inactions, and submissions by the previous
authorized account representative before the time and date when the
Administrator receives the superseding application for a general
account shall be binding on the new authorized account representative
and the persons with an ownership interest with respect to the Texas
SO2 Trading Program allowances in the general account.
    (ii) The alternate authorized account representative of a general
account may be changed at any time upon receipt by the Administrator of
a superseding complete application for a general account under
paragraph (b)(1) of this section. Notwithstanding any such change, all
representations, actions, inactions, and submissions by the previous
alternate authorized account representative before the time and date
when the Administrator receives the superseding application for a
general account shall be binding on the new alternate authorized
account representative, the authorized account representative, and the
persons with an ownership interest with respect to the Texas
SO2 Trading Program allowances in the general account.
    (iii)(A) In the event a person having an ownership interest with
respect to Texas SO2 Trading Program allowances in the
general account is not included in the list of such persons in the
application for a general account, such person shall be deemed to be
subject to and bound by the application for a general account, the
representation, actions, inactions, and submissions of the authorized
account representative and any alternate authorized account
representative of the account, and the decisions and orders of the
Administrator, as if the person were included in such list.
    (B) Within 30 days after any change in the persons having an
ownership interest with respect to Texas SO2 Trading Program
allowances in the general account, including the addition or removal of
a person, the authorized account representative or any alternate
authorized account representative shall submit a revision to the
application for a general account amending the list of persons having
an ownership interest with respect to the Texas SO2 Trading
Program allowances in the general account to include the change.
    (4) Objections concerning authorized account representative and
alternate authorized account representative. (i) Once a complete
application for a general account under paragraph (b)(1) of this
section has been submitted and received, the Administrator will rely on
the application unless and until a superseding complete application for
a general account under paragraph (b)(1) of this section is received by
the Administrator.
    (ii) Except as provided in paragraph (b)(4)(i) of this section, no
objection or other communication submitted to the Administrator
concerning the authorization, or any representation, action, inaction,
or submission of the authorized account representative or any alternate
authorized account representative of a general account shall affect any
representation, action, inaction, or submission of the authorized
account representative or any alternate authorized account
representative or the finality of any decision or order by the
Administrator under the Texas SO2 Trading Program.
    (iii) The Administrator will not adjudicate any private legal
dispute concerning the authorization or any representation, action,
inaction, or submission of the authorized account representative or any
alternate authorized account representative of a general account,
including private legal disputes concerning the proceeds of Texas
SO2 Trading Program allowance transfers.
    (5) Delegation by authorized account representative and alternate
authorized account representative. (i) An authorized account
representative of a general account may delegate, to one or more
natural persons, his or her authority to make an electronic submission
to the Administrator provided for or required under this subpart.
    (ii) An alternate authorized account representative of a general
account may delegate, to one or more natural persons, his or her
authority to make an electronic submission to the Administrator
provided for or required under this subpart.
    (iii) In order to delegate authority to a natural person to make an
electronic submission to the Administrator in accordance with paragraph
(b)(5)(i) or (ii) of this section, the authorized

account representative or alternate authorized account representative,
as appropriate, must submit to the Administrator a notice of
delegation, in a format prescribed by the Administrator, that includes
the following elements:
    (A) The name, address, email address, telephone number, and
facsimile transmission number (if any) of such authorized account
representative or alternate authorized account representative;
    (B) The name, address, email address, telephone number, and
facsimile transmission number (if any) of each such natural person
(referred to in this section as an ``agent'');
    (C) For each such natural person, a list of the type or types of
electronic submissions under paragraph (b)(5)(i) or (ii) of this
section for which authority is delegated to him or her;
    (D) The following certification statement by such authorized
account representative or alternate authorized account representative:
``I agree that any electronic submission to the Administrator that is
made by an agent identified in this notice of delegation and of a type
listed for such agent in this notice of delegation and that is made
when I am an authorized account representative or alternate authorized
account representative, as appropriate, and before this notice of
delegation is superseded by another notice of delegation under 40 CFR
97.920(b)(5)(iv) shall be deemed to be an electronic submission by
me.''; and
    (E) The following certification statement by such authorized
account representative or alternate authorized account representative:
``Until this notice of delegation is superseded by another notice of
delegation under 40 CFR 97.920(b)(5)(iv), I agree to maintain an email
account and to notify the Administrator immediately of any change in my
email address unless all delegation of authority by me under 40 CFR
97.920(b)(5) is terminated.''
    (iv) A notice of delegation submitted under paragraph (b)(5)(iii)
of this section shall be effective, with regard to the authorized
account representative or alternate authorized account representative
identified in such notice, upon receipt of such notice by the
Administrator and until receipt by the Administrator of a superseding
notice of delegation submitted by such authorized account
representative or alternate authorized account representative, as
appropriate. The superseding notice of delegation may replace any
previously identified agent, add a new agent, or eliminate entirely any
delegation of authority.
    (v) Any electronic submission covered by the certification in
paragraph (b)(5)(iii)(D) of this section and made in accordance with a
notice of delegation effective under paragraph (b)(5)(iv) of this
section shall be deemed to be an electronic submission by the
authorized account representative or alternate authorized account
representative submitting such notice of delegation.
    (6) Closing a general account. (i) The authorized account
representative or alternate authorized account representative of a
general account may submit to the Administrator a request to close the
account. Such request shall include a correctly submitted Texas
SO2 Trading Program allowance transfer under Sec.  97.922
for any Texas SO2 Trading Program allowances in the account
to one or more other Allowance Management System accounts.
    (ii) If a general account has no Texas SO2 Trading
Program allowance transfers to or from the account for a 12-month
period or longer and does not contain any Texas SO2 Trading
Program allowances, the Administrator may notify the authorized account
representative for the account that the account will be closed after 30
days after the notice is sent. The account will be closed after the 30-
day period unless, before the end of the 30-day period, the
Administrator receives a correctly submitted Texas SO2
Trading Program allowance transfer under Sec.  97.922 to the account or
a statement submitted by the authorized account representative or
alternate authorized account representative demonstrating to the
satisfaction of the Administrator good cause as to why the account
should not be closed.
    (c) Account identification. The Administrator will assign a unique
identifying number to each account established under paragraph (a) or
(b) of this section.
    (d) Responsibilities of authorized account representative and
alternate authorized account representative. After the establishment of
a compliance account or general account, the Administrator will accept
or act on a submission pertaining to the account, including, but not
limited to, submissions concerning the deduction or transfer of Texas
SO2 Trading Program allowances in the account, only if the
submission has been made, signed, and certified in accordance with
Sec. Sec.  97.914(a) and 97.918 or paragraphs (b)(2)(ii) and (b)(5) of
this section.

Sec.  97.921  Recordation of Texas SO2 Trading Program allowance
allocations.

    (a) By November 1, 2018, the Administrator will record in each
Texas SO2 Trading Program source's compliance account the
Texas SO2 Trading Program allowances allocated to the Texas
SO2 Trading Program units at the source in accordance with
Sec.  97.911(a) for the control periods in 2019, 2020, 2021, and 2022.
The Administrator may delay recordation of Texas SO2 Trading
Program allowances for the specified control periods if the State of
Texas submits a SIP revision before the recordation deadline.
    (b) By July 1, 2019 and July 1 of each year thereafter, the
Administrator will record in each Texas SO2 Trading Program
source's compliance account the Texas SO2 Trading Program
allowances allocated to the Texas SO2 Trading Program units
at the source in accordance with Sec.  97.911(a) for the control period
in the fourth year after the year of the applicable recordation
deadline under this paragraph. The Administrator may delay recordation
of the Texas SO2 Trading Program allowances for the
applicable control periods if the State of Texas submits a SIP revision
by May 1 of the year of the applicable recordation deadline under this
paragraph.
    (c) By February 15, 2020, and February 15 of each year thereafter,
the Administrator will record in each Texas SO2 Trading
Program source's compliance account the allowances allocated from the
Texas SO2 Trading Program Supplemental Allowance Pool in
accordance with Sec.  97.912 for the control period in the year of the
applicable recordation deadline under this paragraph, .
    (d) By July 1, 2019 and July 1 of each year thereafter, the
Administrator will record in each Texas SO2 Trading Program
source's compliance account the Texas SO2 Trading Program
allowances allocated to the Texas SO2 Trading Program units
at the source in accordance with Sec.  97.911(b).
    (e) When recording the allocation of Texas SO2 Trading
Program allowances to a Texas SO2 Trading Program unit in an
Allowance Management System account, the Administrator will assign each
Texas SO2 Trading Program allowance a unique identification
number that will include digits identifying the year of the control
period for which the Texas SO2 Trading Program allowance is
allocated.

Sec.  97.922  Submission of Texas SO2 Trading Program allowance
transfers.

    (a) An authorized account representative seeking recordation of a
Texas SO2 Trading Program allowance transfer shall submit
the transfer to the Administrator.

    (b) A Texas SO2 Trading Program allowance transfer shall
be correctly submitted if:
    (1) The transfer includes the following elements, in a format
prescribed by the Administrator:
    (i) The account numbers established by the Administrator for both
the transferor and transferee accounts;
    (ii) The serial number of each Texas SO2 Trading Program
allowance that is in the transferor account and is to be transferred;
and
    (iii) The name and signature of the authorized account
representative of the transferor account and the date signed; and
    (2) When the Administrator attempts to record the transfer, the
transferor account includes each Texas SO2 Trading Program
allowance identified by serial number in the transfer.

Sec.  97.923  Recordation of Texas SO2 Trading Program allowance
transfers.

    (a) Within 5 business days (except as provided in paragraph (b) of
this section) of receiving a Texas SO2 Trading Program
allowance transfer that is correctly submitted under Sec.  97.922, the
Administrator will record a Texas SO2 Trading Program
allowance transfer by moving each Texas SO2 Trading Program
allowance from the transferor account to the transferee account as
specified in the transfer.
    (b) A Texas SO2 Trading Program allowance transfer to or
from a compliance account that is submitted for recordation after the
allowance transfer deadline for a control period and that includes any
Texas SO2 Trading Program allowances allocated for any
control period before such allowance transfer deadline will not be
recorded until after the Administrator completes the deductions from
such compliance account under Sec.  97.924 for the control period
immediately before such allowance transfer deadline.
    (c) Where a Texas SO2 Trading Program allowance transfer
is not correctly submitted under Sec.  97.922, the Administrator will
not record such transfer.
    (d) Within 5 business days of recordation of a Texas SO2
Trading Program allowance transfer under paragraphs (a) and (b) of the
section, the Administrator will notify the authorized account
representatives of both the transferor and transferee accounts.
    (e) Within 10 business days of receipt of a Texas SO2
Trading Program allowance transfer that is not correctly submitted
under Sec.  97.922, the Administrator will notify the authorized
account representatives of both accounts subject to the transfer of:
    (1) A decision not to record the transfer, and
    (2) The reasons for such non-recordation.

Sec.  97.924  Compliance with Texas SO2 Trading Program emissions
limitations.

    (a) Availability for deduction for compliance. Texas SO2
Trading Program allowances are available to be deducted for compliance
with a source's Texas SO2 Trading Program emissions
limitation for a control period in a given year only if the Texas
SO2 Trading Program allowances:
    (1) Were allocated for such control period or a control period in a
prior year; and
    (2) Are held in the source's compliance account as of the allowance
transfer deadline for such control period.
    (b) Deductions for compliance. After the recordation, in accordance
with Sec.  97.923, of Texas SO2 Trading Program allowance
transfers submitted by the allowance transfer deadline for a control
period in a given year, the Administrator will deduct from each
source's compliance account Texas SO2 Trading Program
allowances available under paragraph (a) of this section in order to
determine whether the source meets the Texas SO2 Trading
Program emissions limitation for such control period, as follows:
    (1) Until the amount of Texas SO2 Trading Program
allowances deducted equals the number of tons of total SO2
emissions from all Texas SO2 Trading Program units at the
source for such control period; or
    (2) If there are insufficient Texas SO2 Trading Program
allowances to complete the deductions in paragraph (b)(1) of this
section, until no more Texas SO2 Trading Program allowances
available under paragraph (a) of this section remain in the compliance
account.
    (c)(1) Identification of Texas SO2 Trading Program
allowances by serial number. The authorized account representative for
a source's compliance account may request that specific Texas
SO2 Trading Program allowances, identified by serial number,
in the compliance account be deducted for emissions or excess emissions
for a control period in a given year in accordance with paragraph (b)
or (d) of this section. In order to be complete, such request shall be
submitted to the Administrator by the allowance transfer deadline for
such control period and include, in a format prescribed by the
Administrator, the identification of the Texas SO2 Trading
Program source and the appropriate serial numbers.
    (2) First-in, first-out. The Administrator will deduct Texas
SO2 Trading Program allowances under paragraph (b) or (d) of
this section from the source's compliance account in accordance with a
complete request under paragraph (c)(1) of this section or, in the
absence of such request or in the case of identification of an
insufficient amount of Texas SO2 Trading Program allowances
in such request, on a first-in, first-out accounting basis in the
following order:
    (i) Any Texas SO2 Trading Program allowances that were
recorded in the compliance account pursuant to Sec.  97.921 and not
transferred out of the compliance account, in the order of recordation;
and then
    (ii) Any other Texas SO2 Trading Program allowances that
were transferred to and recorded in the compliance account pursuant to
this subpart, in the order of recordation.
    (d) Deductions for excess emissions. After making the deductions
for compliance under paragraph (b) of this section for a control period
in a year in which the Texas SO2 Trading Program source has
excess emissions, the Administrator will deduct from the source's
compliance account an amount of Texas SO2 Trading Program
allowances, allocated for a control period in a prior year or the
control period in the year of the excess emissions or in the
immediately following year, equal to three times the number of tons of
the source's excess emissions.
    (e) Recordation of deductions. The Administrator will record in the
appropriate compliance account all deductions from such an account
under paragraphs (b) and (d) of this section.

Sec.  97.925  [Reserved]

Sec.  97.926  Banking.

    (a) A Texas SO2 Trading Program allowance may be banked
for future use or transfer in a compliance account or general account
in accordance with paragraph (b) of this section.
    (b) Any Texas SO2 Trading Program allowance that is held
in a compliance account or a general account will remain in such
account unless and until the Texas SO2 Trading Program
allowance is deducted or transferred under Sec.  97.911(c), Sec.
97.923, Sec.  97.924, Sec.  97.927, or Sec.  97.928.

Sec.  97.927  Account error.

    The Administrator may, at his or her sole discretion and on his or
her own motion, correct any error in any Allowance Management System
account. Within 10 business days of

making such correction, the Administrator will notify the authorized
account representative for the account.

Sec.  97.928  Administrator's action on submissions.

    (a) The Administrator may review and conduct independent audits
concerning any submission under the Texas SO2 Trading
Program and make appropriate adjustments of the information in the
submission.
    (b) The Administrator may deduct Texas SO2 Trading
Program allowances from or transfer Texas SO2 Trading
Program allowances to a compliance account, based on the information in
a submission, as adjusted under paragraph (a) of this section, and
record such deductions and transfers.

Sec.  97.929  [Reserved]

Sec.  97.930  General monitoring, recordkeeping, and reporting
requirements.

    The owners and operators, and to the extent applicable, the
designated representative, of a Texas SO2 Trading Program
unit, shall comply with the monitoring, recordkeeping, and reporting
requirements as provided in this subpart and subparts F and G of part
75 of this chapter. For purposes of applying such requirements, the
definitions in Sec.  97.902 and in Sec.  72.2 of this chapter shall
apply, the terms ``affected unit,'' ``designated representative,'' and
``continuous emission monitoring system'' (or ``CEMS'') in part 75 of
this chapter shall be deemed to refer to the terms ``Texas
SO2 Trading Program unit,'' ``designated representative,''
and ``continuous emission monitoring system'' (or ``CEMS'')
respectively as defined in Sec.  97.902. The owner or operator of a
unit that is not a Texas SO2 Trading Program unit but that
is monitored under Sec.  75.16(b)(2) of this chapter shall comply with
the same monitoring, recordkeeping, and reporting requirements as a
Texas SO2 Trading Program unit.
    (a) Requirements for installation, certification, and data
accounting. The owner or operator of each Texas SO2 Trading
Program unit shall:
    (1) Install all monitoring systems required under this subpart for
monitoring SO2 mass emissions and individual unit heat input
(including all systems required to monitor SO2
concentration, stack gas moisture content, stack gas flow rate,
CO2 or O2 concentration, and fuel flow rate, as
applicable, in accordance with Sec. Sec.  75.11 and 75.16 of this
chapter);
    (2) Successfully complete all certification tests required under
Sec.  97.931 and meet all other requirements of this subpart and part
75 of this chapter applicable to the monitoring systems under paragraph
(a)(1) of this section; and
    (3) Record, report, and quality-assure the data from the monitoring
systems under paragraph (a)(1) of this section.
    (b) Compliance deadlines. Except as provided in paragraph (e) of
this section, the owner or operator of a Texas SO2 Trading
Program unit shall meet the monitoring system certification and other
requirements of paragraphs (a)(1) and (2) of this section on or before
the later of the following dates and shall record, report, and quality-
assure the data from the monitoring systems under paragraph (a)(1) of
this section on and after:
    (1) For a Texas SO2 Trading Program unit under Sec.
97.904(a), January 1, 2019; or
    (2) For a Texas SO2 Trading Program unit under Sec.
97.904(b), January 1 of the first control period for which the unit is
a Texas SO2 Trading Program unit.
    (3) The owner or operator of a Texas SO2 Trading Program
unit for which construction of a new stack or flue or installation of
add-on SO2 emission controls is completed after the
applicable deadline under paragraph (b)(1) or (2) of this section shall
meet the requirements of Sec.  75.4(e)(1) through (4) of this chapter,
except that:
    (i) Such requirements shall apply to the monitoring systems
required under Sec.  97.930 through Sec.  97.935, rather than the
monitoring systems required under part 75 of this chapter;
    (ii) SO2 concentration, stack gas moisture content,
stack gas volumetric flow rate, and O2 or CO2
concentration data shall be determined and reported, rather than the
data listed in Sec.  75.4(e)(2) of this chapter; and
    (iii) Any petition for another procedure under Sec.  75.4(e)(2) of
this chapter shall be submitted under Sec.  97.935, rather than Sec.
75.66 of this chapter.
    (c) Reporting data. The owner or operator of a Texas SO2
Trading Program unit that does not meet the applicable compliance date
set forth in paragraph (b) of this section for any monitoring system
under paragraph (a)(1) of this section shall, for each such monitoring
system, determine, record, and report maximum potential (or, as
appropriate, minimum potential) values for SO2
concentration, stack gas flow rate, stack gas moisture content, fuel
flow rate, and any other parameters required to determine
SO2 mass emissions and heat input in accordance with Sec.
75.31(b)(2) or (c)(3) of this chapter or section 2.4 of appendix D to
part 75 of this chapter, as applicable.
    (d) Prohibitions. (1) No owner or operator of a Texas
SO2 Trading Program unit shall use any alternative
monitoring system, alternative reference method, or any other
alternative to any requirement of this subpart without having obtained
prior written approval in accordance with Sec.  97.935.
    (2) No owner or operator of a Texas SO2 Trading Program
unit shall operate the unit so as to discharge, or allow to be
discharged, SO2 to the atmosphere without accounting for all
such SO2 in accordance with the applicable provisions of
this subpart and part 75 of this chapter.
    (3) No owner or operator of a Texas SO2 Trading Program
unit shall disrupt the continuous emission monitoring system, any
portion thereof, or any other approved emission monitoring method, and
thereby avoid monitoring and recording SO2 mass discharged
into the atmosphere or heat input, except for periods of
recertification or periods when calibration, quality assurance testing,
or maintenance is performed in accordance with the applicable
provisions of this subpart and part 75 of this chapter.
    (4) No owner or operator of a Texas SO2 Trading Program
unit shall retire or permanently discontinue use of the continuous
emission monitoring system, any component thereof, or any other
approved monitoring system under this subpart, except under any one of
the following circumstances:
    (i) During the period that the unit is covered by an exemption
under Sec.  97.905 that is in effect;
    (ii) The owner or operator is monitoring emissions from the unit
with another certified monitoring system approved, in accordance with
the applicable provisions of this subpart and part 75 of this chapter,
by the Administrator for use at that unit that provides emission data
for the same pollutant or parameter as the retired or discontinued
monitoring system; or
    (iii) The designated representative submits notification of the
date of certification testing of a replacement monitoring system for
the retired or discontinued monitoring system in accordance with Sec.
97.931(d)(3)(i).
    (e) Long-term cold storage. The owner or operator of a Texas
SO2 Trading Program unit is subject to the applicable
provisions of Sec.  75.4(d) of this chapter concerning units in long-
term cold storage.

Sec.  97.931  Initial monitoring system certification and
recertification procedures.

    (a) The owner or operator of a Texas SO2 Trading Program
unit shall be exempt from the initial certification

requirements of this section for a monitoring system under Sec.
97.930(a)(1) if the following conditions are met:
    (1) The monitoring system has been previously certified in
accordance with part 75 of this chapter; and
    (2) The applicable quality-assurance and quality-control
requirements of Sec.  75.21 of this chapter and appendices B and D to
part 75 of this chapter are fully met for the certified monitoring
system described in paragraph (a)(1) of this section.
    (b) The recertification provisions of this section shall apply to a
monitoring system under Sec.  97.930(a)(1) that is exempt from initial
certification requirements under paragraph (a) of this section.
    (c) [Reserved]
    (d) Except as provided in paragraph (a) of this section, the owner
or operator of a Texas SO2 Trading Program unit shall comply
with the following initial certification and recertification
procedures, for a continuous monitoring system (i.e., a continuous
emission monitoring system and an excepted monitoring system under
appendix D to part 75 of this chapter) under Sec.  97.930(a)(1). The
owner or operator of a unit that qualifies to use the low mass
emissions excepted monitoring methodology under Sec.  75.19 of this
chapter or that qualifies to use an alternative monitoring system under
subpart E of part 75 of this chapter shall comply with the procedures
in paragraph (e) or (f) of this section respectively.
    (1) Requirements for initial certification. The owner or operator
shall ensure that each continuous monitoring system under Sec.
97.930(a)(1) (including the automated data acquisition and handling
system) successfully completes all of the initial certification testing
required under Sec.  75.20 of this chapter by the applicable deadline
in Sec.  97.930(b). In addition, whenever the owner or operator
installs a monitoring system to meet the requirements of this subpart
in a location where no such monitoring system was previously installed,
initial certification in accordance with Sec.  75.20 of this chapter is
required.
    (2) Requirements for recertification. Whenever the owner or
operator makes a replacement, modification, or change in any certified
continuous emission monitoring system under Sec.  97.930(a)(1) that may
significantly affect the ability of the system to accurately measure or
record SO2 mass emissions or heat input rate or to meet the
quality-assurance and quality-control requirements of Sec.  75.21 of
this chapter or appendix B to part 75 of this chapter, the owner or
operator shall recertify the monitoring system in accordance with Sec.
75.20(b) of this chapter. Furthermore, whenever the owner or operator
makes a replacement, modification, or change to the flue gas handling
system or the unit's operation that may significantly change the stack
flow or concentration profile, the owner or operator shall recertify
each continuous emission monitoring system whose accuracy is
potentially affected by the change, in accordance with Sec.  75.20(b)
of this chapter. Examples of changes to a continuous emission
monitoring system that require recertification include replacement of
the analyzer, complete replacement of an existing continuous emission
monitoring system, or change in location or orientation of the sampling
probe or site. Any fuel flowmeter system under Sec.  97.930(a)(1) is
subject to the recertification requirements in Sec.  75.20(g)(6) of
this chapter.
    (3) Approval process for initial certification and recertification.
For initial certification of a continuous monitoring system under Sec.
97.930(a)(1), paragraphs (d)(3)(i) through (v) of this section apply.
For recertifications of such monitoring systems, paragraphs (d)(3)(i)
through (iv) of this section and the procedures in Sec.  75.20(b)(5)
and (g)(7) of this chapter (in lieu of the procedures in paragraph
(d)(3)(v) of this section) apply, provided that in applying paragraphs
(d)(3)(i) through (iv) of this section, the words ``certification'' and
``initial certification'' are replaced by the word ``recertification''
and the word ``certified'' is replaced by with the word
``recertified''.
    (i) Notification of certification. The designated representative
shall submit to the appropriate EPA Regional Office and the
Administrator written notice of the dates of certification testing, in
accordance with Sec.  97.933.
    (ii) Certification application. The designated representative shall
submit to the Administrator a certification application for each
monitoring system. A complete certification application shall include
the information specified in Sec.  75.63 of this chapter.
    (iii) Provisional certification date. The provisional certification
date for a monitoring system shall be determined in accordance with
Sec.  75.20(a)(3) of this chapter. A provisionally certified monitoring
system may be used under the Texas SO2 Trading Program for a
period not to exceed 120 days after receipt by the Administrator of the
complete certification application for the monitoring system under
paragraph (d)(3)(ii) of this section. Data measured and recorded by the
provisionally certified monitoring system, in accordance with the
requirements of part 75 of this chapter, will be considered valid
quality-assured data (retroactive to the date and time of provisional
certification), provided that the Administrator does not invalidate the
provisional certification by issuing a notice of disapproval within 120
days of the date of receipt of the complete certification application
by the Administrator.
    (iv) Certification application approval process. The Administrator
will issue a written notice of approval or disapproval of the
certification application to the owner or operator within 120 days of
receipt of the complete certification application under paragraph
(d)(3)(ii) of this section. In the event the Administrator does not
issue such a notice within such 120-day period, each monitoring system
that meets the applicable performance requirements of part 75 of this
chapter and is included in the certification application will be deemed
certified for use under the Texas SO2 Trading Program.
    (A) Approval notice. If the certification application is complete
and shows that each monitoring system meets the applicable performance
requirements of part 75 of this chapter, then the Administrator will
issue a written notice of approval of the certification application
within 120 days of receipt.
    (B) Incomplete application notice. If the certification application
is not complete, then the Administrator will issue a written notice of
incompleteness that sets a reasonable date by which the designated
representative must submit the additional information required to
complete the certification application. If the designated
representative does not comply with the notice of incompleteness by the
specified date, then the Administrator may issue a notice of
disapproval under paragraph (d)(3)(iv)(C) of this section.
    (C) Disapproval notice. If the certification application shows that
any monitoring system does not meet the performance requirements of
part 75 of this chapter or if the certification application is
incomplete and the requirement for disapproval under paragraph
(d)(3)(iv)(B) of this section is met, then the Administrator will issue
a written notice of disapproval of the certification application. Upon
issuance of such notice of disapproval, the provisional certification
is invalidated by the Administrator and the data measured and recorded
by each uncertified monitoring system shall not be considered valid
quality-assured data beginning with the date and hour of

provisional certification (as defined under Sec.  75.20(a)(3) of this
chapter).
    (D) Audit decertification. The Administrator may issue a notice of
disapproval of the certification status of a monitor in accordance with
Sec.  97.932(b).
    (v) Procedures for loss of certification. If the Administrator
issues a notice of disapproval of a certification application under
paragraph (d)(3)(iv)(C) of this section or a notice of disapproval of
certification status under paragraph (d)(3)(iv)(D) of this section,
then:
    (A) The owner or operator shall substitute the following values,
for each disapproved monitoring system, for each hour of unit operation
during the period of invalid data specified under Sec.
75.20(a)(4)(iii), Sec.  75.20(g)(7), or Sec.  75.21(e) of this chapter
and continuing until the applicable date and hour specified under Sec.
75.20(a)(5)(i) or (g)(7) of this chapter:
    (1) For a disapproved SO2 pollutant concentration
monitor and disapproved flow monitor, respectively, the maximum
potential concentration of SO2 and the maximum potential
flow rate, as defined in sections <IP_ADDRESS> and <IP_ADDRESS> of appendix A to
part 75 of this chapter.
    (2) For a disapproved moisture monitoring system and disapproved
diluent gas monitoring system, respectively, the minimum potential
moisture percentage and either the maximum potential CO2
concentration or the minimum potential O2 concentration (as
applicable), as defined in sections 2.1.5, <IP_ADDRESS>, and <IP_ADDRESS> of
appendix A to part 75 of this chapter.
    (3) For a disapproved fuel flowmeter system, the maximum potential
fuel flow rate, as defined in section <IP_ADDRESS> of appendix D to part 75
of this chapter.
    (B) The designated representative shall submit a notification of
certification retest dates and a new certification application in
accordance with paragraphs (d)(3)(i) and (ii) of this section.
    (C) The owner or operator shall repeat all certification tests or
other requirements that were failed by the monitoring system, as
indicated in the Administrator's notice of disapproval, no later than
30 unit operating days after the date of issuance of the notice of
disapproval.
    (e) The owner or operator of a unit qualified to use the low mass
emissions (LME) excepted methodology under Sec.  75.19 of this chapter
shall meet the applicable certification and recertification
requirements in Sec. Sec.  75.19(a)(2) and 75.20(h) of this chapter. If
the owner or operator of such a unit elects to certify a fuel flowmeter
system for heat input determination, the owner or operator shall also
meet the certification and recertification requirements in Sec.
75.20(g) of this chapter.
    (f) The designated representative of each unit for which the owner
or operator intends to use an alternative monitoring system approved by
the Administrator under subpart E of part 75 of this chapter shall
comply with the applicable notification and application procedures of
Sec.  75.20(f) of this chapter.

Sec.  97.932  Monitoring system out-of-control periods.

    (a) General provisions. Whenever any monitoring system fails to
meet the quality-assurance and quality-control requirements or data
validation requirements of part 75 of this chapter, data shall be
substituted using the applicable missing data procedures in subpart D
or appendix D to part 75 of this chapter.
    (b) Audit decertification. Whenever both an audit of a monitoring
system and a review of the initial certification or recertification
application reveal that any monitoring system should not have been
certified or recertified because it did not meet a particular
performance specification or other requirement under Sec.  97.931 or
the applicable provisions of part 75 of this chapter, both at the time
of the initial certification or recertification application submission
and at the time of the audit, the Administrator will issue a notice of
disapproval of the certification status of such monitoring system. For
the purposes of this paragraph, an audit shall be either a field audit
or an audit of any information submitted to the Administrator or any
State or permitting authority. By issuing the notice of disapproval,
the Administrator revokes prospectively the certification status of the
monitoring system. The data measured and recorded by the monitoring
system shall not be considered valid quality-assured data from the date
of issuance of the notification of the revoked certification status
until the date and time that the owner or operator completes
subsequently approved initial certification or recertification tests
for the monitoring system. The owner or operator shall follow the
applicable initial certification or recertification procedures in Sec.
97.931 for each disapproved monitoring system.

Sec.  97.933  Notifications concerning monitoring.

    The designated representative of a Texas SO2 Trading
Program unit shall submit written notice to the Administrator in
accordance with Sec.  75.61 of this chapter.

Sec.  97.934  Recordkeeping and reporting.

    (a) General provisions. The designated representative of a Texas
SO2 Trading Program unit shall comply with all recordkeeping
and reporting requirements in paragraphs (b) through (e) of this
section, the applicable recordkeeping and reporting requirements in
subparts F and G of part 75 of this chapter, and the requirements of
Sec.  97.914(a).
    (b) Monitoring plans. The owner or operator of a Texas
SO2 Trading Program unit shall comply with the requirements
of Sec.  75.62 of this chapter.
    (c) Certification applications. The designated representative shall
submit an application to the Administrator within 45 days after
completing all initial certification or recertification tests required
under Sec.  97.931, including the information required under Sec.
75.63 of this chapter.
    (d) Quarterly reports. The designated representative shall submit
quarterly reports, as follows:
    (1) The designated representative shall report the SO2
mass emissions data and heat input data for a Texas SO2
Trading Program unit, in an electronic quarterly report in a format
prescribed by the Administrator, for each calendar quarter beginning
with the later of:
    (i) The calendar quarter covering January 1, 2019 through March 31,
2019; or
    (ii) The calendar quarter corresponding to the earlier of the date
of provisional certification or the applicable deadline for initial
certification under Sec.  97.930(b).
    (2) The designated representative shall submit each quarterly
report to the Administrator within 30 days after the end of the
calendar quarter covered by the report. Quarterly reports shall be
submitted in the manner specified in Sec.  75.64 of this chapter.
    (3) For Texas SO2 Trading Program units that are also
subject to the Acid Rain Program or CSAPR NOX Ozone Season
Group 2 Trading Program, quarterly reports shall include the applicable
data and information required by subparts F through H of part 75 of
this chapter as applicable, in addition to the SO2 mass
emission data, heat input data, and other information required by this
subpart.
    (4) The Administrator may review and conduct independent audits of
any quarterly report in order to determine whether the quarterly report
meets the requirements of this subpart and part 75

of this chapter, including the requirement to use substitute data.
    (i) The Administrator will notify the designated representative of
any determination that the quarterly report fails to meet any such
requirements and specify in such notification any corrections that the
Administrator believes are necessary to make through resubmission of
the quarterly report and a reasonable time period within which the
designated representative must respond. Upon request by the designated
representative, the Administrator may specify reasonable extensions of
such time period. Within the time period (including any such
extensions) specified by the Administrator, the designated
representative shall resubmit the quarterly report with the corrections
specified by the Administrator, except to the extent the designated
representative provides information demonstrating that a specified
correction is not necessary because the quarterly report already meets
the requirements of this subpart and part 75 of this chapter that are
relevant to the specified correction.
    (ii) Any resubmission of a quarterly report shall meet the
requirements applicable to the submission of a quarterly report under
this subpart and part 75 of this chapter, except for the deadline set
forth in paragraph (d)(2) of this section.
    (e) Compliance certification. The designated representative shall
submit to the Administrator a compliance certification (in a format
prescribed by the Administrator) in support of each quarterly report
based on reasonable inquiry of those persons with primary
responsibility for ensuring that all of the unit's emissions are
correctly and fully monitored. The certification shall state that:
    (1) The monitoring data submitted were recorded in accordance with
the applicable requirements of this subpart and part 75 of this
chapter, including the quality assurance procedures and specifications;
and
    (2) For a unit with add-on SO2 emission controls and for
all hours where SO2 data are substituted in accordance with
Sec.  75.34(a)(1) of this chapter, the add-on emission controls were
operating within the range of parameters listed in the quality
assurance/quality control program under appendix B to part 75 of this
chapter and the substitute data values do not systematically
underestimate SO2 emissions.

Sec.  97.935  Petitions for alternatives to monitoring, recordkeeping,
or reporting requirements.

    (a) The designated representative of a Texas SO2 Trading
Program unit may submit a petition under Sec.  75.66 of this chapter to
the Administrator, requesting approval to apply an alternative to any
requirement of Sec. Sec.  97.930 through 97.934.
    (b) A petition submitted under paragraph (a) of this section shall
include sufficient information for the evaluation of the petition,
including, at a minimum, the following information:
    (1) Identification of each unit and source covered by the petition;
    (2) A detailed explanation of why the proposed alternative is being
suggested in lieu of the requirement;
    (3) A description and diagram of any equipment and procedures used
in the proposed alternative;
    (4) A demonstration that the proposed alternative is consistent
with the purposes of the requirement for which the alternative is
proposed and with the purposes of this subpart and part 75 of this
chapter and that any adverse effect of approving the alternative will
be de minimis; and
    (5) Any other relevant information that the Administrator may
require.
    (c) Use of an alternative to any requirement referenced in
paragraph (a) of this section is in accordance with this subpart only
to the extent that the petition is approved in writing by the
Administrator and that such use is in accordance with such approval.

[FR Doc. 2017-21947 Filed 10-16-17; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 236 (Thursday, December 8, 2011)]
[Proposed Rules]
[Pages 76637-76640]
[FR Doc No: 2011-31456]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2011-1013]
RIN 1625-AA09

Drawbridge Operation Regulation; Saginaw River, Bay City, MI

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to revise the drawbridge opening
schedule for the Lake State Railway Bridge at mile 3.10, the
Independence Bridge at mile 3.88, the Central Michigan Railroad Bridge
at mile 4.94, the Liberty Street Bridge at mile 4.99, the Veterans
Memorial Bridge at mile 5.60, and the Lafayette Street Bridge at mile
6.78, all over the Saginaw River at Bay City, MI. The current
regulation is confusing, outdated, and unnecessarily restrictive for
both commercial and recreational vessels. The proposed regulation will
simplify the regulatory language, increase access through the
drawbridges for all vessels, and provide for the reasonable needs of
all traffic.

DATES: Comments and related material must reach the Coast Guard on or
before: January 9, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2011-1013 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Mr. Lee Soule, Bridge Management Specialist, Ninth
Coast Guard District; 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:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change to http://www.regulations.gov and will include any
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2011-1013), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (http://www.regulations.gov), or by fax, mail or hand delivery,
but please use only one of these means. If you submit a comment online
via http://www.regulations.gov, it will be considered received by the
Coast Guard when you successfully transmit the comment. If you fax,
hand deliver, or mail your comment, it will be considered as having
been received by the Coast Guard when it is received at the Docket
Management Facility. We recommend that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so that we can contact you if we have questions regarding
your submission.
    To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rules'' and insert ``USCG-2011-1013'' in the ``Keyword''
box. Click ``Search'' then click on the balloon shape in the
``Actions'' column. If you submit your comments by mail or hand
delivery, submit them in an unbound format, no larger than 8\1/2\ by 11
inches, suitable for copying and electronic filing. If you submit them
by mail and would like to know that they reached the Facility, please
enclose a stamped, self-addressed postcard or envelope. We will
consider all comments and material received during the comment period
and may change the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2011-1013'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
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. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please

explain why one would be beneficial. If we determine that one would aid
this rulemaking, we will hold one at a time and place announced by a
later notice in the Federal Register.

Basis and Purpose

    Lake Carriers Association (LCA), an organization representing U.S.
shipping companies on the Great Lakes, requested that the existing
drawbridge regulation for Saginaw River be reviewed and changed to make
the regulation easier to understand and to remove restrictive
drawbridge schedules for commercial vessels. The existing regulation
was reviewed in its entirety for all drawbridges, vessel types, dates,
and hours of operation.
    Lake State Railway Bridge at mile 3.10 is a swing bridge that
provides 7 feet vertical clearance in the closed position and unlimited
clearance in the open position. The Independence Bridge at mile 3.88 is
a bascule bridge that provides 22 feet vertical clearance in the closed
position and unlimited clearance in the open position. The Central
Michigan Railroad Bridge at mile 4.94 is a swing bridge that provides 8
feet of vertical clearance in the closed position and unlimited
clearance in the open position. The Liberty Street Bridge at mile 4.99
is a bascule bridge that provides 25 feet of vertical clearance in the
closed position and unlimited clearance in the open position. The
Veterans Memorial Bridge at mile 5.60 is a bascule bridge that provides
15 feet of vertical clearance in the closed position and unlimited
clearance in the open position. The Lafayette Street Bridge at mile
6.78 is a bascule bridge that provides 20 feet vertical clearance in
the closed position and unlimited clearance in the open position. There
is no alternate waterway for vessels entering or departing Saginaw
River.
    The draws of the Lake State Railway and CN RR bridges currently
open on signal for all vessel traffic that requires a bridge opening,
except that from December 16 through March 15 the bridges open on
signal if at least 12 hours advance notice is provided.
    The draws of the Independence Street, Liberty Street, Veterans
Memorial, and Lafayette Street drawbridges open on signal from March 16
through December 15, except as follows: the draws need not open for the
passage of vessels less than 50 gross tons from 6:30 a.m. to 8:30 a.m.
and 3:30 p.m. to 5:30 p.m., except Saturdays, Sundays, and holidays
observed in the locality. The draws need not open for the passage of
downbound vessels over 50 gross tons from 7:30 a.m. to 8:30 a.m. and
4:30 p.m. to 5:30 p.m., except on Sundays, Federal holidays, and
holidays observed in the locality. From 8 a.m. to 8 p.m. on Saturdays,
Sundays, and Federal holidays, the Independence Street and Veterans
Memorial bridges need not open for recreational vessels except from
three minutes before to three minutes after the hour and half-hour, and
the Liberty Street and Lafayette Street bridges need not open for
recreational vessels except from three minutes before to three minutes
after the quarter-hour and three-quarter hour. Currently, the draws of
these bridges shall open on signal from December 16 through March 15 if
at least 12 hours advance notice is provided.
    The proposed drawbridge schedules and revised regulation were
developed with all known stakeholders, including; LCA, Canadian
Shipowners Association, local Coast Guard units, City of Bay City, MI,
Michigan Department of Transportation (MDOT), Bay Harbor Marina, Pier 7
Marina, Liberty Harbor Marina, and Bay City Yacht Club. All parties
have preliminarily concurred with the proposed drawbridge schedules and
language.

Discussion of Proposed Rule

    The preliminary investigation conducted during the development of
this proposed rule found that marine traffic on Saginaw River consists
of large commercial, small commercial, and both power and sail
recreational vessels. Large commercial vessel traffic usually operates
from the beginning of April until the end of December. Recreational and
small commercial vessel traffic usually operates between April 15 and
November 1, and generally increases on the weekends. Vehicular traffic
has been reduced in the past 20 years following the closure of
industrial and manufacturing facilities in Bay City/Saginaw, including
reduced vehicular traffic on weekends when recreational vessel traffic
increases.
    Under the current regulation, the highway drawbridges are not
required to open for recreational vessels from 6:30 a.m. to 8:30 a.m.,
and from 3:30 p.m. to 5:30 p.m., 7 days a week. Additionally, they are
not required to open from 7:30 a.m. to 8:30 a.m. and 4:30 p.m. to 5:30
p.m., Monday through Saturday, for the passage of downbound vessels
over 50 gross tons (all large commercial vessels). The proposed rule
will allow large commercial vessels to obtain bridge openings at any
time, and allow recreational vessels to pass on two scheduled times
each hour between 6:30 a.m. and 7 p.m., Monday through Friday, and at
any time during all other days and times, thereby increasing access
through all drawbridges for all vessel traffic. Furthermore, the dates
for winter operation of all drawbridges have been adjusted to reflect
the current seasonal operations for both commercial and recreational
vessels. Currently, vessels are required to provide at least 12-hours
advance notice of arrival between December 16 and March 15. The
proposed schedule will require 12-hour advance notice of arrival
between January 1 and March 31.
    The proposed drawbridge regulation was developed to reflect the
current conditions and needs of both vessel and vehicular traffic, and
was coordinated with all known stakeholders and entities in Bay City/
Saginaw, MI. The proposed regulatory language is more concise and
easier to understand, has been preliminarily approved by all known
entities included in the development of the proposed rule, and is
expected to provide for the reasonable balance of all modes of
transportation.

Regulatory Analyses

    We developed this proposed 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.

Regulatory Planning and Review

    This proposed 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. The
Office of Management and Budget has not reviewed it under those Orders.
This determination is based upon the Coast Guard's expectation that
this proposed rule will improve traffic congestion and safety in the
vicinity of the drawbridge and does not exclude bridge openings for
vessel traffic.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. 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. The proposed rule would affect the following entities,
some of which might be small entities: the owners and operators needing
to transit the bridges. However, this action will not have a
significant economic impact on a substantial number of small entities
for the following reasons. This rule will increase access through the
drawbridges for all entities compared to the existing regulation and
drawbridge schedule. All known marina owners and small entities were
consulted during the development of this proposed rule and have
preliminarily concurred with the proposed drawbridge schedule.
Additionally, all vessels that do not require bridge openings may
transit the drawbridges at any time.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. 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 Mr. Lee D. Soule, Bridge
Management Specialist, U.S. Coast Guard, telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>or fax<PHONE_NUMBER>. 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.

Collection of Information

    This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.

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 will not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

Taking of Private Property

    This proposed rule would 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.

Civil Justice Reform

    This proposed 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.

Protection of Children

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

Indian Tribal Governments

    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.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01, and Commandant Instruction
M16475.lD which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have
made a preliminary determination that this action is one of a category
of actions which do not individually or cumulatively have a significant
effect on the human environment because it simply promulgates the
operating regulations or procedures for drawbridges. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard proposes
to revise 33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

    1. The authority citation for part 117 continues to read as
follows:

    Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.

    2. Revise Sec.  117.647 to read as follows:

Sec.  117.647  Saginaw River.

    (a) The draws of the Lake State Railway Bridge, mile 3.10, and the
Central Michigan Railroad Bridge, mile 4.94, both in Bay City, shall
open on signal; except that from January 1 through March 31, the draws
shall open on signal if at least 12 hours advance notice is provided.
    (b) The draws of the Independence Bridge, mile 3.88, Liberty Street
Bridge, mile 4.99, Veterans Memorial Bridge, mile 5.60, and Lafayette
Street Bridge, mile 6.78, all in Bay City, shall open on signal, except
as follows:
    (1) From April 15 through November 1, between the hours of 6:30
a.m. and 7 p.m., Monday through Friday, except federal holidays, the
draws of the Independence and Veterans Memorial Bridges need open for
the passage of recreational vessels only from three minutes before to
three minutes after the hour and half-hour, and the Liberty Street and
Lafayette Street bridges need open for the passage of recreational
vessels only from three minutes before to three minutes after the
quarter-hour and three-quarter hour.
    (2) From January 1 through March 31, the draws of these bridges
shall open on signal if at least 12 hours advance notice is provided.
* * * * *

    Dated: November 9, 2011.
M.N. Parks,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2011-31456 Filed 12-7-11; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 84, Number 220 (Thursday, November 14, 2019)]
[Notices]
[Pages 61965-61966]
[FR Doc No: 2019-24749]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-1999-6253]

Petition for Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this
document provides the public notice that on October 31, 2019, the Utah
Transit Authority (UTA) petitioned the

Federal Railroad Administration (FRA) for a waiver of compliance from
certain provisions of the Federal railroad safety regulations contained
at 49 CFR parts 210, 217, 218, 219, 220, 221, 222, 223, 225, 228, 229,
231, 234, 238, 239, 240, 242, and 243. FRA assigned the petition Docket
Number FRA-1999-6253.
    UTA, operator of the rail fixed guideway public transit system TRAX
in Salt Lake City, Utah, seeks an extension of the terms and conditions
of its current shared use waiver of compliance. TRAX is operated with
temporal separation on track owned by UTA and shared partially with
Utah Railway Company and Savage Bingham & Garfield Railroad Company
freight trains dispatched by UTA. FRA granted the original shared use
waiver on August 19, 1999, for the North-South line, modified on March
25, 2011, to include a portion of the Mid-Jordan extension with its
additional Siemens S70 rolling stock (77 vehicles). In 2015, FRA
renewed the previous waivers, granted relief from additional parts of
the CFR, and approved the change of shared use milepost limits on the
North-South Line to reflect the cessation of freight service south of
6100 South as part of the transit-exclusive Draper Extension.
    Specifically, UTA requests FRA extend the regulatory relief in this
docket, noting it has recently retired and disposed of 29 Urban
Transportation Development Corporation (UTDC) vehicles acquired from
the Santa Clara Valley Transportation Authority. Also, UTA is now
requesting relief from part 243 for its light rail operators,
supervisors, controller supervisors, and light rail rolling stock
maintenance employees because training of these employees is already
addressed by the existing Utah Department of Transportation State
Safety Oversight Agency program certified by the Federal Transit
Administration. UTA Track/Signal and Train Control maintenance-of-way
employees will comply with part 243 because these employees also
perform work on FRA-compliant Frontrunner commuter service.
    UTA states it will adopt specific policies and procedures that will
provide a level of safety equivalent to that provided by full
compliance with FRA regulations. Also, UTA states that ``unlike some
light rail systems operating under a shared use waiver, UTA owns the
entirety of the TRAX system and corridor, providing it control of the
entry of freight trains on the TRAX system.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey Ave.
SE, W12-140, Washington, DC 20590. The Docket Operations Facility is
open from 9 a.m. to 5 p.m., Monday through Friday, except Federal
Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested parties
desire an opportunity for oral comment and a public hearing, they
should notify FRA, in writing, before the end of the comment period and
specify the basis for their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Website: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Ave. SE, W12-140, Washington, DC 20590.
     Hand Delivery: 1200 New Jersey Ave. SE, Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by December 30, 2019 will be considered by
FRA before final action is taken. Comments received after that date
will be considered if practicable. Anyone can search the electronic
form of any written communications and comments received into any of
our dockets by the name of the individual submitting the comment (or
signing the document, if submitted on behalf of an association,
business, labor union, etc.). Under 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its processes. DOT posts
these comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacyNotice for the privacy notice of regulations.gov.

    Issued in Washington, DC.

John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2019-24749 Filed 11-13-19; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 78, Number 207 (Friday, October 25, 2013)]
[Rules and Regulations]
[Pages 63866-63867]
[FR Doc No: 2013-25203]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2013-0838; Airspace Docket No. 12-AGL-17]

Modification of Restricted Areas R-6901A & R-6901B; Fort McCoy,
WI

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule, technical amendment.

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SUMMARY: This action amends Restricted Areas R-6901A and R-6901B, Fort
McCoy, WI, to accurately identify the segment of Wisconsin State
Highway 21 used to identify the shared boundary between the restricted
areas. The geographic coordinates contained in the existing legal
descriptions for defining the highway actually plot south of it. This
is an administrative correction to accurately define the geographic
coordinates where the restricted area boundaries intercept Wisconsin
State Highway 21 and does not affect the overall restricted area
boundaries; designated altitudes; times of designation; or activities
conducted within the restricted areas.

DATES: Effective date 0901 UTC, December 12, 2013.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Airspace Policy and ATC
Procedures Group, Office of Airspace Services, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591;
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    In December 1986, the FAA published a rule in the Federal Register
(51 FR 44597, December 11, 1986) modifying the boundaries and time of
designation of the existing R-6901, Fort McCoy, WI, deleting the
southwest corner of the restricted area to remove McCoy Army Airfield
from restricted airspace and subdivide the remaining area into two
separate restricted areas. The rule also reduced the times of
designation of the new restricted areas to more accurately depict
actual use and make the airspace available for public access when it is
not required by the using agency. Restricted area R-6901 was subdivided
into two separate areas, R-6901A and R-6901B, along a line where
Wisconsin State Highway 21 crossed the area. Unfortunately, the
geographic coordinate references in the legal description describing
where the restricted area boundaries intercept the highway lie south of
the actual location of the highway.

The Rule

    The FAA is amending 14 CFR part 73 to amend restricted areas R-
6901A and R-6901B at Fort McCoy, WI. This action corrects the
geographic coordinates in the legal description boundary information to
accurately reflect where the boundary actually intercepts Wisconsin
State Highway 21. The correct geographic coordinates for identifying
where the R-6901A boundary intercepts Wisconsin State Highway 21 are
``lat. 44[deg]00'28'' N., long. 90[deg]36'41'' W.'' and ``lat.
44[deg]00'27'' N., long. 90[deg]38'45'' W.'' The correct geographic
coordinates for identifying where the R-6901B boundary intercepts
Wisconsin State Highway 21 are ``lat. 43[deg]59'58'' N., long.
90[deg]43'10'' W.'' and ``lat. 44[deg]00'28'' N., long. 90[deg]36'41''
W.''
    This action also inserts an additional geographic coordinate to the
eastern boundary of R-6901B to retain a shared boundary with the Volk
South Military Operations Area. The FAA is taking this action to
accurately define the geographic coordinates where the restricted area
boundaries intercept Wisconsin State Highway 21, which is then used as
a visual landmark describing the shared boundary between the two
restricted areas, and is in concert with the FAA's aeronautical
database.
    This is as administrative change to update the geographic
(latitude/longitude) coordinates accurately reflecting where the
boundaries intercept Wisconsin State Highway 21. It does not affect the
boundaries, designated altitudes, or activities conducted within the
restricted areas; therefore, notice and public procedure under 5 U.S.C.
553(b) are unnecessary.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this proposed regulation: (1) Is not a ``significant
regulatory action'' under Executive Order 12866; (2) is not a
``significant rule'' under Department of Transportation (DOT)
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
only affects air traffic procedures and air navigation, it is certified
that this rule, when promulgated, does not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of the
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it makes an administrative change to the descriptions of Restricted
Areas R-6901A and R-6901B, Fort McCoy, WI.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1E, Environmental Impacts: Policies and Procedures,
paragraph 311d. This airspace action is an administrative change to the
descriptions of the affected restricted areas which corrects the
geographic coordinates defining a segment of a state highway forming
the shared boundary between the restricted areas. It does not alter the
dimensions, altitudes, or times of designation of the airspace;
therefore, it is not expected to cause any potentially significant
environmental impacts, and no extraordinary circumstances exists that
warrant preparation of an environmental assessment.

List of Subjects in 14 CFR Part 73

    Airspace, Prohibited areas, Restricted areas.

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 73 as follows:

PART 73--SPECIAL USE AIRSPACE

0
1. The authority citation for part 73 continues to read as follows:

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

Sec.  73.69  [Amended]

0
2. Section 73.69 is amended as follows:

R-6901A Fort McCoy, WI  [Amended]

    By removing the current boundaries description and substituting the
following:
    Boundaries. Beginning at lat. 44[deg]08'40'' N., long.
90[deg]44'20'' W.; to lat. 44[deg]08'40'' N., long. 90[deg]40'22'' W.;
to lat. 44[deg]09'36'' N., long. 90[deg]40'22'' W.; to lat.
44[deg]09'36'' N., long. 90[deg]36'50'' W.; to lat. 44[deg]00'28'' N.,
long. 90[deg]36'41'' W.; then West along Wisconsin State Highway 21; to
lat. 44[deg]00'27'' N., long. 90[deg]38'45'' W.; to lat. 44[deg]01'45''
N., long. 90[deg]44'31'' W.; to the point of beginning.

R-6901B Fort McCoy, WI  [Amended]

    By removing the current boundaries description and substituting the
following:
    Boundaries. Beginning at lat. 43[deg]59'58'' N., long.
90[deg]43'10'' W.; then East along Wisconsin State Highway 21; to lat.
44[deg]00'28'' N., long. 90[deg]36'41'' W.; to lat. 44[deg]00'10'' N.,
long. 90[deg]36'41'' W.; to lat. 44[deg]00'02'' N., long.
90[deg]36'35'' W.; to lat. 44[deg]00'02'' N., long. 90[deg]35'15'' W.;
to lat. 43[deg]56'22'' N., long. 90[deg]35'22'' W.; to lat.
43[deg]56'22'' N., long. 90[deg]39'00'' W.; to lat. 43[deg]56'38'' N.,
long. 90[deg]41'00'' W.; to lat. 43[deg]56'44'' N., long.
90[deg]43'17'' W.; to the point of beginning.
* * * * *

    Issued in Washington, DC on October 21, 2013.
Gary A. Norek,
Manager, Airspace Policy and ATC Procedures Group.
[FR Doc. 2013-25203 Filed 10-24-13; 8:45 am]
BILLING CODE 4910-13-P