[Federal Register Volume 79, Number 201 (Friday, October 17, 2014)]
[Rules and Regulations]
[Pages 62339-62341]
[FR Doc No: 2014-24771]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0215]
RIN 1625-AA11

Regulated Navigation Area; Bridge 1 Structural Repairs at
Portsmouth Naval Shipyard, Kittery, ME

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a Regulated Navigation Area
(RNA) on the navigable waters of the Piscataqua River surrounding
Bridge 1 between Kittery, ME, and Seavey Island, ME. This RNA allows
the Coast Guard to enforce speed and wake restrictions and limit vessel
traffic through the RNA during operations involving bridge structural
repairs, both planned and unforeseen, which could pose an imminent
hazard to persons and vessels operating in the area. This rule is
necessary to provide for the safety of life on the navigable waters
during bridge structural repair operations.

DATES: This rule is effective from October 17, 2014 until April 30,
2017. This rule has been enforced with actual notice from September 30,
2014 to October 17, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0215]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call Lieutenant Junior Grade David B. Bourbeau, Waterways Management
Division Chief at Coast Guard Sector Northern New England, at 207-347-
5015 or email at<EMAIL_ADDRESS>If you have questions on
viewing or submitting material to the docket, call Cheryl Collins,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register

A. Regulatory History and Information

    On September 11, 2013, Sector Northern New England received notice
of potential bridge work being conducted on Bridge 1 between Kittery,
ME, and the Portsmouth Naval Shipyard on Seavey Island from September
1, 2014 through April 30, 2017. Construction will commence October 1,
2014.
    On February 26, 2014, the U. S. Navy posted a notice in the
Portsmouth Herald advising the public of the intent to file
applications for approval of structural repairs to be made to Bridge 1.
No comments or requests for public meeting were made.
    On July 25, 2014, the Coast Guard published a Notice of Proposed
Rulemaking (NPRM) with respect to this rule (79 FR 43335) entitled
``Regulated Navigation Area; Bridge 1 Structural Repairs at Portsmouth
Naval Shipyard, Kittery, ME.'' No comments were received.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Waiting 30 days for this rule to
become effective is unnecessary and impracticable. The bridge
construction begins on October 1, 2014 and delaying this rule's
effective date would inhibit the Coast Guard's ability to protect the
boating public from the hazards associated with a dangerous maritime
construction site. The Coast Guard did not have all of the details
about the bridge construction project that the Coast Guard needed in
order to publish the final rule more than thirty days in advance of the
effective date. Furthermore, the policy goal of providing the public
with enough time to prepare for compliance is largely met by the Coast
Guard and Navy's public outreach efforts and publication of the NPRM.

B. Basis and Purpose

    Under the Ports and Waterways Safety Act, the Coast Guard has the
authority to establish RNAs in defined water areas that are determined
to have hazardous conditions and in which vessel traffic can be
regulated in the interest of safety. See 33 U.S.C. 1231 and Department
of Homeland Security Delegation No. 0170.1.
    The Portsmouth Naval Shipyard is the bridge owner and is
contracting the structural repairs to be completed. The existing bridge
is a steel girder structure approximately 300 feet long and 50 feet 7
inches wide. Existing vertical clearance will remain the same at 7 feet
at MLW. Horizontal clearance is currently 57 feet and the new clearance
will be 56 feet 6 inches. Existing granite block and steel reinforced
abutments and piers will remain in place but will be reinforced with
cladding around the abutments. As a result, the horizontal clearance
will be reduced by six inches. The start of construction operations has
been changed from the originally advertised September 1, 2014 to
October 1, 2014. This change is reflected in the regulatory text below.
    The Coast Guard First District Commander has determined that this
construction project poses dangers to the maritime public and this rule
is necessary to ensure the safe transit of vessels in the area, and to
protect all persons, vessels, and the marine environment.

C. Discussion of Comments, Changes and the Final Rule

    For the reasons discussed above, the Coast Guard is establishing a
RNA on the navigable waters of the Piscataqua River surrounding Bridge
1 which spans from Kittery, ME, to Seavey Island, ME from October 1,
2014 to April 30, 2017.
    In order to mitigate the inherent risks involved in construction,
it is necessary to control vessel movement through the area, therefore,
the Coast Guard is establishing an RNA on the navigable waters of
Piscataqua River surrounding Bridge 1 which spans from Kittery, ME, to
Seavey Island, ME. Construction operations are sensitive to water
movement, and wake from passing vessels could pose significant risk of
injury or death to construction workers. In order to minimize such
unexpected or uncontrolled movement of water, the RNA will limit vessel
speed and wake of all vessels operating in the vicinity of the bridge
construction zone. This will be achieved by implementing a five (5)
knot speed limit and ``NO WAKE'' zone in the vicinity of the
construction as well as providing a means to suspend all vessel traffic
for emergent situations that pose imminent threat to waterway users in
the area. The RNA will also protect vessels desiring to transit the
area by ensuring that vessels are only permitted to transit when it is
safe to do so.

    The Coast Guard may close the RNA described in this rule to all
vessel traffic during any circumstance that poses an imminent threat to
waterway users operating in the area. Complete waterway closures will
be made with as much advanced notice as possible.
    Further, the speed limit of five (5) knots will be in effect at all
times within the RNA and all vessels must proceed through the area with
caution and operate in such a manner as to produce no wake unless a
higher minimum speed is necessary to maintain steering. Mariners will
be advised of all closure dates and times via Local Notice to Mariners
and Broadcast Notice to Mariners in advance of closure times.
    The coordinates of this RNA described in this TFR differ slightly
from those described in the NPRM because of a scrivener's error in the
NPRM. The actual location of the RNA is all navigable waters of the
Piscataqua River between Kittery, ME and Seavey Island, ME, from the
surface to bottom, within a 300 yard radius of position 43[deg]05'06''
N, 070[deg]44'29'' W.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. We expect the economic
impact of this rule to be minimal because this RNA only enforces a
speed and wake restriction through a limited portion of the Piscataqua
River, and will have limited traffic restrictions during operations
involving bridge structural repairs, both planned and unforeseen
therefore causing only a minimal delay to a vessel's transit.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rule. The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a significant economic impact on a
substantial number of small entities.
    This rule will affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
transit or anchor in the vicinity of Bridge 1 from October 1, 2014 to
April 30, 2017. The Coast Guard expects no significant economic impact
on a substantial number of small entities, as mentioned in the
REGULATORY PLANNING AND REVIEW section above, because this rule only
requires vessels to reduce their speed through a limited portion of the
Piscataqua River outside of the main channel and will have limited
traffic restrictions during operations involving bridge structural
repairs, both planned and unforeseen therefore causing only a minimal
delay to a vessel's transit.

3. Assistance for Small Entities

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

4. Collection of Information

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

5. Federalism

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

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination With Indian Tribal Governments,

because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

12. Energy Effects

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

13. Technical Standards

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

14. Environment

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add Sec.  165.T01-0215 to read as follows:

Sec.  165.T01-0215  Regulated Navigation Area; Bridge 1 Structural
Repairs at Portsmouth Naval Shipyard, Kittery, ME.

    (a) Location. The following area is a Regulated Navigation Area
(RNA): All navigable waters of Piscataqua River between Kittery, ME and
Seavey Island, ME, from surface to bottom, within a 300 yard radius of
position 43[deg]05'06'' N, 070[deg]44'29'' W.
    (b) Regulations. (1) The general regulations contained in 33 CFR
165.10, 165.11, and 165.13 apply within the RNA.
    (2) Any vessel transiting through the RNA must make a direct
passage. No vessel may stop, moor, anchor or loiter within the RNA at
any time unless they are working on the bridge construction. Movement
within the RNA is subject to a ``Slow-No Wake'' speed limit. All
vessels may not produce a wake and may not attain speeds greater than
five (5) knots unless a higher minimum speed is necessary to maintain
steering.
    (3) There may be times that the First District Commander or the
Captain of the Port (COTP) finds it necessary to close the RNA to
vessel traffic. During times of limited closure, persons and vessels
may request permission to enter the RNA by contacting the COTP or the
COTP's on-scene representative on VHF-16 or via phone at<PHONE_NUMBER>.
    (4) Any vessels transiting in the RNA must comply with all
directions given to them by the COTP or the COTP's on-scene
representative. The ``on-scene representative'' of the COTP is any
Coast Guard commissioned, warrant or petty officer who has been
designated by the COTP to act on the COTP's behalf. The on-scene
representative may be on a Coast Guard vessel; Maine State Police,
Maine Marine Patrol or other designated craft; or may be on shore and
communicating with vessels via VHF-FM radio or loudhailer. Members of
the Coast Guard Auxiliary may be present to inform vessel operators of
this regulation.
    (5) All other relevant regulations, including but not limited to
the Rules of the Road, as codified in 33 CFR Subchapter E, Inland
Navigational Rules, remain in effect within the RNA and must be
strictly followed at all times.
    (c) Enforcement Period. This regulation is enforceable 24 hours a
day from 12:01 a.m. on October 1, 2014 until 11:59 p.m. on April 30,
2017.
    (d) Notification. The Coast Guard will rely on the methods
described in 33 CFR 165.7 to notify the public of the time and duration
of any closure of the RNA. Violations of this RNA may be reported to
the COTP at<PHONE_NUMBER> or on VHF-Channel 16.

    Dated: September 30, 2014.
V. B. Gifford,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard
District.
[FR Doc. 2014-24771 Filed 10-16-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 88, Number 98 (Monday, May 22, 2023)]
[Notices]
[Page 32814]
[FR Doc No: 2023-10972]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

TIME AND DATE: 2:00 p.m. on Thursday, May 25, 2023.

PLACE: The meeting will be held via remote means and/or at the
Commission's headquarters, 100 F Street NE, Washington, DC 20549.

STATUS: This meeting will be closed to the public.

MATTERS TO BE CONSIDERED: Commissioners, Counsel to the Commissioners,
the Secretary to the Commission, and recording secretaries will attend
the closed meeting. Certain staff members who have an interest in the
matters also may be present. In the event that the time, date, or
location of this meeting changes, an announcement of the change, along
with the new time, date, and/or place of the meeting will be posted on
the Commission's website at https://www.sec.gov.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) and (10) and 17 CFR
200.402(a)(3), (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and (a)(10),
permit consideration of the scheduled matters at the closed meeting.
    The subject matter of the closed meeting will consist of the
following topics:
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings;
    Resolution of litigation claims; and
    Other matters relating to examinations and enforcement proceedings.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting agenda items that may consist of
adjudicatory, examination, litigation, or regulatory matters.

CONTACT PERSON FOR MORE INFORMATION: For further information; please
contact Vanessa A. Countryman from the Office of the Secretary at (202)
551-5400.
    Authority: 5 U.S.C. 552b.

    Dated: May 18, 2023.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2023-10972 Filed 5-18-23; 4:15 pm]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 125 (Friday, June 28, 2019)]
[Rules and Regulations]
[Pages 30897-30898]
[FR Doc No: 2019-13881]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2019-0535]

Safety Zones; Annual Events in the Captain of the Port Buffalo
Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce certain safety zones located in
the Federal regulations for Annual Events in the Captain of the Port
Buffalo zone. This action is necessary and intended to protect the
safety of life and property on navigable waters prior to, during, and
immediately after these events. During each enforcement period, no
person or vessel may enter the respective safety zone without the
permission of the Captain of the Port Buffalo.

DATES: The regulations in 33 CFR 165.939 as listed in Table 165.939
will be enforced for the events and times as stated in the
SUPPLEMENTARY INFORMATION section below.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, call or email LT Sean Dolan, Chief of Waterways
Management, U.S. Coast Guard Sector Buffalo telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Safety
Zones; Annual Events in the Captain of the Port Buffalo Zone listed in
33 CFR 165.939 for the following events:
    1. July 3rd Fireworks Spectacular--Under the Gun and Country Swag
formerly known as Island Festival Fireworks, Baldwinsville, NY; The
safety zone listed in Table 165.939 as (b)(21) will be enforced within
a 420-foot radius of position 43[deg]09'23.4'' N, 076[deg]20'16.6'' W,
from 10 p.m. through 11 p.m. on July 3, 2019.
    2. Olcott Fireworks, Olcott, NY; The safety zone listed in Table
165.939 as (b)(24) will be enforced from 9:45 p.m. through 10:45 p.m.
on July 3, 2019. In the case of inclement weather, the zone will be
enforced from 9:45 p.m. through 10:45 p.m. on July 12, 2019.
    Pursuant to 33 CFR 165.23, entry into, transiting, or anchoring
within the safety zones during an enforcement period is prohibited
unless authorized by the Captain of the Port Buffalo or a designated
representative. Those

seeking permission to enter the safety zones may request permission
from the Captain of the Port Buffalo via channel 16, VHF-FM. Vessels
and persons granted permission to enter the safety zones shall obey the
directions of the Captain of the Port Buffalo or a designated
representative. While within a safety zone, all vessels shall operate
at the minimum speed necessary to maintain a safe course.
    This notice of enforcement is issued under authority of 33 CFR
165.939 and 5 U.S.C. 552(a). In addition to this notice of enforcement
in the Federal Register, the Coast Guard will provide the maritime
community with advance notification of this enforcement period via
Broadcast Notice to Mariners or Local Notice to Mariners. If the
Captain of the Port Buffalo determines that the safety zone need not be
enforced for the full duration stated in this notice of enforcement he
or she may use a Broadcast Notice to Mariners to grant general
permission to enter the respective safety zone.

    Dated: June 25, 2019.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2019-13881 Filed 6-27-19; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: May 10, 2007 (Volume 72, Number 90)]
[Notices]
[Page 26614-26615]
[DOCID:fr10my07-49]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP07-197-000]

Freebird Gas Storage, LLC; Notice of Request Under Blanket
Authorization

May 4, 2007.
    Take notice that on April 25, 2007, Freebird Gas Storage, LLC
(Freebird), 6363 Woodway, Suite 415, Houston, Texas 77057, filed in
Docket No. CP07-197-000, an application pursuant to Part 157 of the
Commission's regulations under the Natural Gas Act (NGA) as amended, to
increase its maximum working gas capacity in the East Detroit Storage
Facility in Lamar County, Alabama from 6 Bcf to 7.7 Bcf and increase
its peak deliverability to 300,000 Mcf/d, under Freebird's blanket
certificate issued in Docket No. CP05-29-000, et al., all as more fully
set forth in the application which is on file with the Commission and
open to the public for inspection.
    Any questions concerning this application may be directed to Nadine
Moustafa, Baker Botts L.L.P., 1299 Pennsylvania Ave., NW., Washington,
DC 20004, phone<PHONE_NUMBER> or Gil Muhl, Multifuels LP, 6363
Woodway, Suite 415, Houston, TX 77057, phone<PHONE_NUMBER>.
    This filing is available for review at the Commission or may be
viewed on the Commission's Web site at http://www.ferc.gov, using the

``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number filed to access the document. For
assistance, please contact FERC Online Support at FERC
<EMAIL_ADDRESS>or call toll-free at<PHONE_NUMBER>, or, for

TTY, contact<PHONE_NUMBER>. Comments, protests and interventions may
be filed electronically via the Internet in lieu of paper. See, 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
intervenors to file electronically.
    Any person or the Commission's staff may, within 60 days after
issuance of the instant notice by the Commission, file pursuant to Rule
214 of the Commission's Procedural Rules (18 CFR

385.214) a motion to intervene or notice of intervention and pursuant
to section 157.205 of the regulations under the NGA (18 CFR 157.205), a
protest to the request. If no protest is filed within the time allowed
therefore, the proposed activity shall be deemed to be authorized
effective the day after the time allowed for filing a protest. If a
protest is filed and not withdrawn within 30 days after the allowed
time for filing a protest, the instant request shall be treated as an
application for authorization pursuant to section 7 of the NGA.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-8968 Filed 5-9-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 110 (Monday, June 8, 2020)]
[Proposed Rules]
[Pages 34668-34671]
[FR Doc No: 2020-12310]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0251]
RIN 1625-AA00

Safety Zone for Fireworks Display; Upper Potomac River,
Washington, DC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for certain waters of the Upper Potomac River. This action is
necessary to provide for the safety of life on these navigable waters
near the National Mall and Memorial Parks at Washington, DC, on July 4,
2020, (with alternate date of July 5, 2020) during a fireworks display
to commemorate the July 4th holiday. This proposed rulemaking would
prohibit persons and vessels from being in the safety zone unless
authorized by the Captain of the Port Maryland-National Capital Region
or a designated representative. We invite your comments on this
proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before June 18, 2020.

ADDRESSES: You may submit comments identified by docket number USCG-
2020-0251 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Mr. Ron Houck, Sector Maryland-
National Capital Region Waterways Management Division, U.S. Coast
Guard; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
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

    On May 4, 2020, the National Park Service notified the Coast Guard
that, on behalf of the United States, it will be conducting a fireworks
display on July 4, 2020, in Washington, DC, with a start time between
9:09 p.m. and 9:20 p.m. On May 27, 2020, the event sponsor notified the
Coast Guard that the fireworks launch site was changed. The 20-minute
public fireworks display will be launched from multiple sites along
Ohio Drive SW, located adjacent to the Upper Potomac River in
Washington, DC. Multiple fireworks fallout areas of different sizes
span an area adjacent to the southern three-quarters of West Potomac
Park. A portion of the fireworks fallout area includes certain waters
of the Tidal Basin. In the event of inclement weather, the fireworks
display will be scheduled for July 5, 2020. Hazards from the fireworks
display includes accidental discharge of fireworks, dangerous
projectiles, and falling hot embers or other debris. The COTP Maryland-
National Capital Region has determined that potential hazards
associated with the fireworks to be used in this display would be a
safety concern for anyone near these fireworks discharge sites.
    The Coast Guard is requesting that interested parties provide
comments within a shortened comment period of 10 days instead of the
more typical 30 days for this notice of proposed rulemaking. The Coast
Guard believes a shortened comment period is necessary and reasonable
to ensure the Coast Guard has time to review and respond to any
significant comments submitted by the public in response to this NPRM
and has a final rule in effect in time for the scheduled event.
    The Coast Guard is proposing this rulemaking under authority in 46
U.S.C. 70034 (previously 33 U.S.C. 1231).

III. Discussion of Proposed Rule

    The COTP proposes to establish a temporary safety zone in the Upper
Potomac River from 8 p.m. on July 4, 2020, to 11 p.m. on July 5, 2020.
The safety zone would cover all navigable waters of the Upper Potomac
River, (i) encompassed by a line connecting the following points,
beginning at the Washington, DC shoreline at latitude 38[deg]53'05.7''
N, longitude 077[deg]02'54.7'' W, thence southwest to latitude
38[deg]52'58.4'' N, longitude 077[deg]03'04.0'' W, thence southeast to
the northern extent of the 14th Street Bridge Complex (I-395/US-1), at
mile 96, at latitude 38[deg]52'34.9'' N, longitude 077[deg]02'30.9'' W,
thence northeast to the Washington, DC shoreline at latitude
38[deg]52'43.9'' N, longitude 077[deg]02'22.1'' W, thence northwest
across the entrance to the Tidal Basin and along the shoreline to the
point of origin; and (ii) within the Tidal Basin, from shoreline to
shoreline, bounded on the east by a line drawn from the northern
shoreline at latitude 38[deg]53'12.6'' N, longitude 077[deg]02'27.1''
W, thence southeast to the Thomas Jefferson Memorial shoreline, at
latitude 38[deg]52'55.2'' N, longitude 077[deg]02'15.2'' W, located at
Washington, DC. The area of the safety zone on the Upper Potomac River
is approximately 1,200 yards in length and 750 yards in width. The
duration of the zone is intended to ensure the safety of vessels on
these navigable waters before, during, and after the scheduled 9:09
p.m. to 9:40 p.m. fireworks display. No vessel or person would be
permitted to enter the safety zone without obtaining permission from
the COTP or a designated representative. The regulatory text we are
proposing appears at the end of this document.

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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on location,
duration, and time-of-day of the safety zone. Vessel traffic would be
able to safely transit around this safety zone which would impact a
small designated area of the Upper Potomac River for 3 hours during the
evening when vessel traffic is normally low. Moreover, the Coast Guard
would issue a Broadcast Notice to Mariners via VHF-FM marine channel 16
about the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
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
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
    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.
    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 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 effects of this 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. This proposed rule involves a safety
zone lasting 3 hours that would prohibit entry within a portion of the
Upper Potomac River, including the Tidal Basin. Normally such actions
are categorically excluded from further review under paragraph L60(a)
of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.
A preliminary Record of Environmental Consideration supporting this
determination is available in the docket. For instructions on locating
the docket, see the ADDRESSES section of this preamble. 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.
    We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, call or email the person
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
    We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and
submissions in response to this document, see DHS's eRulemaking System
of Records notice (85 FR 14226, March 11, 2020).
    Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
    For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T05-0251 to read as follows:

Sec.  165.T05-0251   Safety Zone for Fireworks Display; Upper Potomac
River, Washington, DC.

    (a) Location. The following areas are a safety zone: (1) All
navigable waters of the Upper Potomac River, encompassed by a line
connecting the following points, beginning at the Washington, DC
shoreline at latitude 38[deg]53'05.7'' N, longitude 077[deg]02'54.7''
W, thence southwest to latitude 38[deg]52'58.4'' N, longitude
077[deg]03'04.0'' W, thence southeast to the northern extent of the
14th Street Bridge Complex (I-395/US-1), at mile 96, at latitude
38[deg]52'34.9'' N, longitude 077[deg]02'30.9'' W, thence northeast to
the Washington, DC shoreline at latitude 38[deg]52'43.9'' N, longitude
077[deg]02'22.1'' W, thence northwest across the entrance to the Tidal
Basin and along the shoreline to the point of origin.
    (2) All navigable waters of the Upper Potomac River, within the
Tidal Basin, from shoreline to shoreline, bounded on the east by a line
drawn from the northern shoreline at latitude 38[deg]53'12.6'' N,
longitude 077[deg]02'27.1'' W, thence southeast to the Thomas Jefferson
Memorial shoreline, at latitude 38[deg]52'55.2'' N, longitude
077[deg]02'15.2'' W, located at Washington, DC.
    (3) These coordinates are based on datum NAD 1983.
    (b) Definitions. As used in this section--
    Captain of the Port (COTP) means the Commander, U.S. Coast Guard
Sector Maryland-National Capital Region.
    Designated representative means any Coast Guard commissioned,
warrant, or petty officer who has been authorized by the Captain of the
Port Maryland-National Capital Region to assist in enforcing the safety
zone described in paragraph (a) of this section.
    (c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's

representative by telephone at<PHONE_NUMBER> or on Marine Band Radio
VHF-FM channel 16 (156.8 MHz). The Coast Guard vessels enforcing this
section can be contacted on Marine Band Radio VHF-FM channel 16 (156.8
MHz).
    (3) Those in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative.
    (d) Enforcement officials. The U.S. Coast Guard may be assisted in
the patrol and enforcement of the safety zone by Federal, State, and
local agencies.
    (e) Enforcement period. This section will be enforced from 8 p.m.
to 11 p.m. on July 4, 2020, or if necessary due to inclement weather on
July 4, 2020, from 8 p.m. to 11 p.m. on July 5, 2020.

    Dated: June 2, 2020.
Joseph B. Loring,
Captain, U.S. Coast Guard Captain of the Port Maryland-National Capital
Region.
[FR Doc. 2020-12310 Filed 6-5-20; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 81, Number 179 (Thursday, September 15, 2016)]
[Notices]
[Page 63476]
[FR Doc No: 2016-22205]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER16-2561-000]

Sunflower Wind Project, LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Sunflower Wind Project, LLC's application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is September 29, 2016.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the Web site that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: September 9, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-22205 Filed 9-14-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 66 (Monday, April 7, 2014)]
[Notices]
[Pages 19093-19094]
[FR Doc No: 2014-07647]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2004-N-0389]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Current Good Manufacturing Practice Regulations for
Type A Medicated Articles

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing an
opportunity for public comment on the proposed collection of certain
information by the Agency. Under the Paperwork Reduction Act of 1995
(the PRA), Federal Agencies are required to publish notice in the
Federal Register concerning each proposed collection of information,
including each proposed extension of an existing collection of
information, and allow 60 days for public comment in response to the
notice. This notice solicits comments on the recordkeeping requirements
for manufacturers of Type A medicated articles.

DATES: Submit either electronic or written comments on the collection
of information by June 6, 2014.

ADDRESSES: Submit electronic comments on the collection of information
to http://www.regulations.gov. Submit written comments on the
collection of information to the Division of Dockets Management (HFA-
305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061,
Rockville, MD 20852. All comments should be identified with the docket
number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations,
Food and Drug Administration, 1350 Piccard Dr., PI50-400B, Rockville,
MD 20850<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Under the PRA, 44 U.S.C. 3501-3520, Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed reinstatement of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice of the proposed collection
of information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

Current Good Manufacturing Practice Regulations for Type A Medicated
Articles--21 CFR Part 226 (OMB Control Number 0910-0154)--Extension

    Under section 501 of the Federal Food, Drug, and Cosmetic Act (the
FD&C Act), FDA has the statutory authority to issue current good
manufacturing practice (cGMP) regulations for drugs, including Type A
medicated articles. A Type A medicated article is a feed product
containing a concentrated drug diluted with a feed carrier substance. A
Type A medicated article is intended solely for use in the manufacture
of another Type A medicated article or a Type B or Type C medicated
feed. Medicated feeds are administered to animals for the prevention,
cure, mitigation, or treatment of disease or for growth promotion and
feed efficiency.
    Statutory requirements for cGMPs for Type A medicated articles have
been codified in part 226 (21 CFR part 226). Type A medicated articles
which are not manufactured in accordance with these regulations are
considered adulterated under section 501(a)(2)(B) of the FD&C Act (21
U.S.C. 351(a)(2)(B). Under part 226, a manufacturer is required to
establish, maintain, and retain records for Type A medicated articles,
including records to document procedures required under the
manufacturing process to assure that proper quality control is
maintained. Such records would, for example, contain information
concerning receipt and inventory of drug components, batch production,
laboratory assay results (i.e., batch and stability testing), and
product distribution.
    This information is needed so that FDA can monitor drug usage and
possible misformulation of Type A medicated articles. The information
could also prove useful to FDA in investigating product defects when a
drug is recalled. In addition, FDA will use the cGMP criteria in part
226 to determine whether or not the systems used by manufacturers of
Type A medicated articles are adequate to assure that their medicated
articles meet the requirements of the FD&C Act as to safety and also
meet the article's claimed identity, strength, quality, and purity, as
required by section 501(a)(2)(B) of the FD&C Act. The respondents for
Type A medicated articles are pharmaceutical firms that manufacture
both human and veterinary drugs, those firms that produce only
veterinary drugs, and commercial feed mills.
    FDA estimates the burden of this collection of information as
follows:

                                                   Table 1--Estimated Annual Recordkeeping Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      Number of
                21 CFR Section                      Number of        records per      Total annual     Average burden per recordkeeper     Total hours
                                                  recordkeepers     recordkeeper         records
--------------------------------------------------------------------------------------------------------------------------------------------------------
226.42........................................                65               260            16,900  0.75 (45 minutes)...............            12,675
226.58........................................                65               260            16,900  1.75 (1 hour, 45 minutes).......            29,575
226.80........................................                65               260            16,900  0.75 (45 minutes................            12,675
226.102.......................................                65               260            16,900  1.75 (1 hour, 45 minutes........            29,575
226.110.......................................                65               260            16,900  0.25 (15 minutes................             4,225
226.115.......................................                65                10               650  0.5 (30 minutes)................               325
                                               ---------------------------------------------------------------------------------------------------------
    Total.....................................  ................  ................  ................  ................................            89,050
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection.

    The estimate of time required for record preparation and
maintenance is based on previous Agency communications with industry.
Other information needed to calculate the total burden hours (i.e.,
manufacturing sites, number of Type A medicated articles being
manufactured, etc.) are derived from Agency records and experience.

    Dated: March 28, 2014.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2014-07647 Filed 4-4-14; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 77, Number 14 (Monday, January 23, 2012)]
[Notices]
[Pages 3261-3262]
[FR Doc No: 2012-1180]

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

[EPA-HQ-OAR-2004-0073; FRL 9510-8]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; Requirements for Control
Technology Determinations for Constructed and Reconstructed Major
Sources of Hazardous Air Pollutants (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval. This is a request to renew an existing
approved collection. The ICR, which is abstracted below, describes the
nature of the information collection and its estimated burden and cost.

DATES: Additional comments may be submitted on or before February 22,
2012.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OAR-
2004-0073 to (1) EPA online using www.regulations.gov (our preferred
method), or by email to<EMAIL_ADDRESS>or by mail to: EPA
Docket Center (EPA/DC), Environmental Protection Agency, Enforcement
and Compliance Docket and Information Center, mail code 28221T, 1200
Pennsylvania Avenue NW., Washington, DC 20460, and (2) OMB at: Office
of Information and Regulatory Affairs, Office of Management and Budget
(OMB), Attention: Desk Officer for EPA, 725 17th Street NW.,
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Debra Dalcher, Office of Air and
Radiation, Office of Air Quality Planning and Standards; Mail Code
D243-04; Research Triangle Park, North Carolina 27711; telephone number
(919) 541-2443; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The EPA has submitted the following ICR to
OMB

for review and approval according to the procedures prescribed in 5 CFR
1320.12. On Friday, September 9, 2011, (76 FR 55905) the EPA sought
comments on this ICR pursuant to 5 CFR 1320.8(d). The EPA received no
comments. Any comments on this ICR should be submitted to the EPA and
the OMB within 30 days of this notice.
    The EPA has established a public docket for this ICR under Docket
ID No. EPA-HQ-OAR-2004-0073, which is available for online viewing at
www.regulations.gov, or in person viewing at the Air and Radiation
Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301
Constitution Ave. NW., Washington, DC. The EPA/DC Public Reading Room
is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The telephone number for the Reading Room is (202) 566-
1744, and the telephone number for the Air and Radiation Docket Center
is<PHONE_NUMBER>.
    Use the EPA's electronic docket and comment system at
www.regulations.gov, to submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that the EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at www.regulations.gov as the EPA receives
them and without change, unless the comment contains copyrighted
material, Confidential Business Information (CBI), or other information
whose public disclosure is restricted by statute. For further
information about the electronic docket, go to www.regulations.gov.
    Title: Requirements for Control Technology Determinations for
Constructed and Reconstructed Major Sources of Hazardous Air Pollutants
(Renewal).
    ICR Numbers: EPA ICR No. 1658.07, OMB Control No. 2060-0373.
    ICR Status: This ICR is scheduled to expire on January 31, 2012.
Under the OMB regulations, the Agency may continue to conduct or
sponsor the collection of information while this submission is pending
at the OMB. An Agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information, unless it displays
a currently valid OMB control number. The OMB control numbers for EPA's
regulations in title 40 of the CFR, after appearing in the Federal
Register when approved, are listed in 40 CFR part 9, are displayed
either by publication in the Federal Register or by other appropriate
means, such as on the related collection instrument or form, if
applicable. The display of OMB control numbers in certain EPA
regulations is consolidated in 40 CFR part 9.
    Abstract: Section 112(g)(2)(B) of the Clean Air Act as amended in
1990 (CAA) requires that maximum achievable control technology (MACT)
standards be met by constructed or reconstructed major sources of
hazardous air pollutants (HAP). Where no applicable emission limit has
been set, the MACT determination shall be made on a case-by-case basis.
The source owner or operator must submit certain information to allow
the permitting authority to perform a case-by-case MACT determination
(40 CFR 63.43(e)). Permitting agencies, either State, local, Tribal or
Federal, review information submitted and make case-by-case MACT
determinations. Specific activities and requirements are listed and
described in the Supporting Statement for the ICR.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 132
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements; train personnel to be able to respond to
a collection of information; search data sources; complete and review
the collection of information; and transmit or otherwise disclose the
information.
    Respondents/Affected Entities: Owners or operators who construct or
reconstruct major sources of hazardous air pollutants; State, local,
and Tribal agencies with operating permit programs that have been
approved by the EPA.
    Estimated Number of Respondents: 8.
    Frequency of Response: Once.
    Estimated Total Annual Hour Burden: 529.
    Estimated Total Annual Cost: $38,039, which includes $37,871 in
labor costs and $168 in O&M Costs.
    Changes in Estimate: There is a decrease of 5908 hours in the total
estimated burden currently identified in the OMB Inventory of Approved
ICR Burdens. The decrease in burden is due to the completion of setting
MACT standards for the source category list. Therefore our revised
estimate of burden is smaller than that estimated in the last ICR.

John Moses,
Director, Collection Strategies Division.
[FR Doc. 2012-1180 Filed 1-20-12; 8:45 am]
BILLING CODE 6560-50-P