[Federal Register: August 31, 2007 (Volume 72, Number 169)]
[Proposed Rules]
[Page 50282-50284]
[DOCID:fr31au07-19]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-29065; Directorate Identifier 2007-NM-142-AD]
RIN 2120-AA64

Airworthiness Directives; Boeing Model 747 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Boeing Model 747 airplanes. This proposed AD would require
inspecting the trunnion fork assembly of the wing landing gears to
determine the part number and serial number and to determine the
category of the trunnion fork assemblies. For certain airplanes, this
proposed AD also would require, if necessary, various inspections to
detect discrepancies of the trunnion fork assemblies, related
investigative/corrective actions, and a terminating action. This
proposed AD results from a report of a fractured trunnion fork
assembly. We are proposing this AD to prevent a fractured trunnion fork
assembly, which could result in the collapse of a wing landing gear on
the ground and possible damage to hydraulic equipment and the aileron
and spoiler cables. Such damage could result in reduced controllability
of the airplane.

DATES: We must receive comments on this proposed AD by October 15,
2007.

ADDRESSES: Use one of the following addresses to submit comments on
this proposed AD.
     DOT Docket Web site: Go to http://dms.dot.gov and follow
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://
www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Fax:<PHONE_NUMBER>.
     Hand Delivery: Room W12-140 on the ground floor of the
West Building, 1200 New Jersey Avenue, SE., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle,
Washington 98124-2207, for the service information identified in this
proposed AD.

FOR FURTHER INFORMATION CONTACT: Berhane Alazar, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
917-6577; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to submit any relevant written data, views, or
arguments regarding this proposed AD. Send your comments to an address
listed in the ADDRESSES section. Include the docket number ``FAA-2007-
29065; Directorate Identifier 2007-NM-142-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the proposed AD. We will
consider all comments received by the closing date and may amend the
proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://
dms.dot.gov, including any personal information you provide. We will
also post a report summarizing each substantive verbal contact with FAA
personnel concerning this proposed AD. Using the search function of
that Web site, anyone can find and read the comments in any of our
dockets, including the name of the individual who sent the comment (or
signed the comment on behalf of an association, business, labor union,
etc.). You may review DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 FR 19477-78), or you
may visit http://dms.dot.gov.

Examining the Docket

    You may examine the AD docket on the Internet at http://
dms.dot.gov, or in person at the Docket Operations office between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
Docket Operations office (telephone<PHONE_NUMBER>) is located on the
ground level of the West Building at the DOT street address stated in
the ADDRESSES section. Comments will be available in the AD docket
shortly after the Docket Management System receives them.

Discussion

    We have received a report indicating that a fractured trunnion fork
assembly was found during push back and tow of an airplane. Analysis
showed that a crack was initiated by fatigue on the inner surface and
eventually fractured by ductile rupture. The analysis also showed that
the crack most likely initiated as a result of two manufacturing
anomalies. A fractured trunnion fork assembly could result in the
collapse of a wing landing gear on the ground and possible damage to
hydraulic equipment and the aileron and spoiler cables. Such damage
could result in reduced controllability of the airplane.

Relevant Service Information

    We have reviewed Boeing Alert Service Bulletin 747-32A2482, dated
June 14, 2007. The service information describes procedures for
inspecting the pad-up area on the forward upper inboard surface of the
trunnion fork assembly of both the left and right wing landing gears to
determine the part number and serial number and to determine the
category of the trunnion fork assemblies. For certain airplanes, the
service information describes the following procedures, as applicable:
     Doing an initial detailed inspection for damage to the
protective finish and for corrosion of the trunnion fork assembly, and
an initial high frequency eddy current (HFEC) inspection to detect
cracks of the trunnion fork assembly (Part 2).
     Doing an ultrasonic inspection to determine the wall
thickness in the area forward of the outer cylinder attach lugs in 8
zones, and a hardness measurement if the wall thickness is less than
the specified value (Part 3).
     Doing related investigative/corrective actions if
necessary. The related investigative actions include repetitive
detailed and HFEC inspections (Part 2). The corrective actions include
overhauling the trunnion fork assembly (Part 4), and replacing the
trunnion fork assembly (Part 5); as applicable.
     Replacing the trunnion fork assembly of the wing landing
gear with a certain trunnion fork assembly (Part 5). Accomplishing the
replacement ends the need for the actions specified in the service
information.
    Accomplishing the actions specified in the service information is
intended to adequately address the unsafe condition. The compliance
time for the initial detailed, HFEC, and ultrasonic inspections and
replacement specified in the service information is either 18 months or
6 years, depending on the category of the trunnion fork assembly. The
compliance time for the related investigative/corrective actions
specified in the service information ranges between before further
flight and 10 years, depending on the condition of the trunnion fork
assembly.

FAA's Determination and Requirements of the Proposed AD

    We have evaluated all pertinent information and identified an
unsafe condition that is likely to exist or develop on other airplanes
of this same type design. For this reason, we are proposing this AD,
which would require accomplishing the actions specified in the service
information described previously.

Costs of Compliance

    There are about 1,055 airplanes of the affected design in the
worldwide fleet. This proposed AD would affect about 215 airplanes of
U.S. registry. The proposed inspection for part number, serial number,
and category would take about 1 work hour per airplane, at an average
labor rate of $80 per work hour. Based on these figures, the estimated
cost of this inspection proposed by this AD for U.S. operators is
$17,200, or $80 per airplane.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. 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.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We have determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have 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.
    For the reasons discussed above, I certify that the proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket. See the
ADDRESSES section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

    2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by
adding the following new airworthiness directive (AD):

Boeing: Docket No. FAA-2007-29065; Directorate Identifier 2007-NM-
142-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by October
15, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 747-100, 747-100B, 747-100B
SUD, 747-200B,

747-200C, 747-200F, 747-300, 747-400, 747-400D, 747-400F, 747SR, and
747SP series airplanes, certificated in any category; as identified
in Boeing Alert Service Bulletin 747-32A2482, dated June 14, 2007.

Unsafe Condition

    (d) This AD results from a report of a fractured trunnion fork
assembly. We are issuing this AD to prevent a fractured trunnion
fork assembly, which could result in the collapse of a wing landing
gear on the ground and possible damage to hydraulic equipment and
the aileron and spoiler cables. Such damage could result in reduced
controllability of the airplane.

Compliance

    (e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Service Bulletin

    (f) The term ``service bulletin,'' as used in this AD, means
Boeing Alert Service Bulletin 747-32A2482, dated June 14, 2007.

Initial Inspection for Part Number, Serial Number, and Category

    (g) Within 18 months after the effective date of this AD,
inspect the pad-up area on the forward upper inboard surface of the
trunnion fork assembly of both the left and right wing landing gears
to determine the part number and serial number and to determine the
category of the trunnion fork assemblies, in accordance with the
Accomplishment Instructions of the service bulletin.

Follow-On Actions for Category A, B, C, or D Trunnion Fork Assemblies

    (h) If any part number and serial number identified as Category
A, B, C, or D in Tables 2 and 3 of paragraph 1.E., ``Compliance,''
of the service bulletin is found installed during the inspection
required by paragraph (g) of this AD: At the applicable compliance
time(s) listed in Table 4 or 5 of paragraph 1.E., ``Compliance,'' of
the service bulletin, except as provided by paragraph (i) of this
AD, do the applicable action(s) in Table 1 of this AD and applicable
related investigative/corrective actions, in accordance with the
Accomplishment Instructions of the service bulletin.

                   Table 1.--Requirements for Category A, B, C, or D Trunnion Fork Assemblies
----------------------------------------------------------------------------------------------------------------
                For--                            Do--                    And--                     Or--
----------------------------------------------------------------------------------------------------------------
(1) Categories A and D trunnion fork   A detailed inspection    An ultrasonic            Do the terminating
 assemblies.                            for damage to the        inspection to            action (Part 5).
                                        protective finish and    determine the wall
                                        for corrosion of the     thickness in the area
                                        trunnion fork assembly   forward of the outer
                                        and a high frequency     cylinder attach lugs
                                        eddy current (HFEC)      in 8 zones, and a
                                        inspection to detect     hardness measurement
                                        cracks (Part 2).         if applicable (Part 3).
(2) Categories B and C trunnion fork   An ultrasonic            None...................  None.
 assemblies.                            inspection to
                                        determine the wall
                                        thickness in the area
                                        forward of the outer
                                        cylinder attach lugs
                                        in 8 zones, and a
                                        hardness measurement
                                        (Part 3).
----------------------------------------------------------------------------------------------------------------

    (i) Where paragraph 1.E., ``Compliance,'' of the service
bulletin specifies a compliance time after the date on the service
bulletin, this AD requires compliance within the specified
compliance time after the effective date of this AD.

Terminating Action

    (j) Replacing the trunnion fork assembly of the wing landing
gear with a trunnion fork assembly identified in Part 5 of the
service bulletin, in accordance with and at the applicable time
specified in Table 4 or 5 of paragraph 1.E., ``Compliance,'' of the
service bulletin, constitutes terminating action for the
requirements of this AD for that side only.

Alternative Methods of Compliance (AMOCs)

    (k)(1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested in
accordance with the procedures found in 14 CFR 39.19.
    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.

    Issued in Renton, Washington, on August 17, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
 [FR Doc. E7-17284 Filed 8-30-07; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 235 (Friday, December 7, 2018)]
[Rules and Regulations]
[Pages 63068-63073]
[FR Doc No: 2018-26486]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1987-0002; FRL-9987-16-Region 5]

National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Deletion of the Tomah Armory Landfill
Superfund Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) Region 5 is
publishing a direct final Notice of Deletion of the Tomah Armory
Landfill Superfund Site (Tomah Armory Site), located in Tomah,
Wisconsin, from the National Priorities List (NPL). The NPL,
promulgated pursuant to Section 105 of the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA) of 1980, as amended,
is an appendix of the National Oil and Hazardous Substances Pollution
Contingency Plan (NCP). This direct final deletion is being published
by EPA with the concurrence of the State of Wisconsin, through the
Wisconsin Department of Natural Resources (WDNR), because EPA has
determined that all appropriate response actions under CERCLA, other
than operation and maintenance, monitoring and five-year reviews, have
been completed. However, this deletion does not preclude future actions
under Superfund.

DATES: This direct final deletion is effective February 5, 2019 unless
EPA receives adverse comments by January 7, 2019. If adverse comments
are received, EPA will publish a timely withdrawal of the direct final
deletion in the Federal Register informing the public that the direct
final deletion will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-1987-0002, by one of the following methods: https://www.regulations.gov. Follow the on-line instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e., on the web, cloud, or other file sharing system). For
additional submission methods, the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
    Email: [email protected].
    Mail: Randolph Cano, NPL Deletion Coordinator, U.S. Environmental
Protection Agency Region 5 (SR-6J), 77 West Jackson Boulevard, Chicago,
IL 60604,<PHONE_NUMBER>.
    Hand deliver: Superfund Records Center, U.S. Environmental
Protection Agency Region 5, 77 West Jackson Boulevard, 7th Floor South,
Chicago, IL 60604,<PHONE_NUMBER>. Such deliveries are only accepted
during the Docket's normal hours of operation, and special arrangements
should be made for deliveries of boxed information. The normal business
hours are Monday through Friday, 8 a.m. to 4 p.m., excluding Federal
holidays.
    Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
1987-0002. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through https://www.regulations.gov or email. The https://www.regulations.gov website
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to EPA without
going through https://

www.regulations.gov, your email address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses.
    Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statue. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in https://www.regulations.gov or in hard copy at:
    U.S. Environmental Protection Agency, Region 5, Superfund Records
Center, 77 West Jackson Boulevard, 7th Floor South, Chicago, IL 60604,
Phone:<PHONE_NUMBER>, Hours: Monday through Friday, 8 a.m. to 4 p.m.,
excluding Federal holidays.
    Tomah Public Library, 716 Superior Avenue, Tomah, WI 54660, Phone:
(608) 374-7470. Hours: Monday through Wednesday, 9 a.m. to 8 p.m.,
Thursday through Saturday, 9 a.m. to 5 p.m., Sunday, 1 p.m. to 5 p.m.

FOR FURTHER INFORMATION CONTACT: Randolph Cano, NPL Deletion
Coordinator, U.S. Environmental Protection Agency Region 5 (SR-6J), 77
West Jackson Boulevard, Chicago, IL 60604,<PHONE_NUMBER>, or via email
at [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Site Deletion
V. Deletion Action

I. Introduction

    EPA Region 5 is publishing this direct final Notice of Deletion of
the Tomah Armory Site, from the NPL. The NPL constitutes Appendix B of
40 CFR part 300, which is the National Oil and Hazardous Substances
Pollution Contingency Plan (NCP), which EPA promulgated pursuant to
Section 105 of the Comprehensive Environmental Response, Compensation
and Liability Act (CERCLA) of 1980, as amended. EPA maintains the NPL
as the list of sites that appear to present a significant risk to
public health, welfare, or the environment. Sites on the NPL may be the
subject of remedial actions financed by the Hazardous Substance
Superfund (Fund). As described in 40 CFR 300.425(e)(3) of the NCP,
sites deleted from the NPL remain eligible for Fund-financed remedial
actions if future conditions warrant such actions.
    Section II of this document explains the criteria for deleting
sites from the NPL. Section III discusses procedures that EPA is using
for this action. Section IV discusses the Tomah Armory Site and
demonstrates how it meets the deletion criteria. Section V discusses
EPA's action to delete the Tomah Armory Site from the NPL unless
adverse comments are received during the public comment period.

II. NPL Deletion Criteria

    The NCP establishes the criteria that EPA uses to delete sites from
the NPL. In accordance with 40 CFR 300.425(e), sites may be deleted
from the NPL where no further response is appropriate. In making such a
determination pursuant to 40 CFR 300.425(e), EPA will consider, in
consultation with the state, whether any of the following criteria have
been met:
    i. Responsible parties or other persons have implemented all
appropriate response actions required;
    ii. all appropriate Fund-financed response under CERCLA has been
implemented, and no further response action by responsible parties is
appropriate; or
    iii. the remedial investigation has shown that the release poses no
significant threat to public health or the environment and, therefore,
the taking of remedial measures is not appropriate.
    Pursuant to CERCLA Section 121(c) and the NCP, EPA conducts five-
year reviews to ensure the continued protectiveness of remedial actions
where hazardous substances, pollutants, or contaminants remain at a
site above levels that allow for unlimited use and unrestricted
exposure. EPA conducts such five-year reviews even if a site is deleted
from the NPL. EPA may initiate further action to ensure continued
protectiveness at a deleted site if new information becomes available
that indicates it is appropriate. Whenever there is a significant
release from a site deleted from the NPL, the deleted site may be
restored to the NPL without application of the hazard ranking system.

III. Deletion Procedures

    The following procedures apply to deletion of the Tomah Armory
Site:
    (1) EPA consulted with the State of Wisconsin prior to developing
this direct final Notice of Deletion and the Notice of Intent to Delete
co-published today in the ``Proposed Rules'' section of the Federal
Register.
    (2) EPA has provided the State 30 working days for review of this
notice and the parallel Notice of Intent to Delete prior to their
publication today, and the State, through the WDNR, has concurred on
the deletion of the Tomah Armory Site from the NPL.
    (3) Concurrently with the publication of this direct final Notice
of Deletion, a notice of the availability of the parallel Notice of
Intent to Delete is being published in a major local newspaper, the
Tomah Monitor-Herald. The newspaper advertisement announces the 30-day
public comment period concerning the Notice of Intent to Delete the
Tomah Armory Site from the NPL.
    (4) The EPA placed copies of documents supporting the proposed
deletion in the deletion docket and made these items available for
public inspection and copying at the Tomah Armory Site information
repositories identified above.
    (5) If adverse comments are received within the 30-day public
comment period on this deletion action, EPA will publish a timely
notice of withdrawal of this direct final Notice of Deletion before its
effective date and will prepare a response to comments and continue
with the deletion process on the basis of the Notice of Intent to
Delete and the comments already received.
    Deletion of a site from the NPL does not itself create, alter, or
revoke any individual's rights or obligations. Deletion of a site from
the NPL does not in any way alter EPA's right to take enforcement
actions, as appropriate. The NPL is designed primarily for
informational purposes and to assist EPA management. Section
300.425(e)(3) of the NCP states that the deletion of a site from the
NPL does not preclude eligibility for future response actions, should
future conditions warrant such actions.

IV. Basis for Site Deletion

    The following information provides EPA's rationale for deleting the
Tomah Armory Site from the NPL:

Site Background and History

    The Tomah Armory Site (CERCLS ID: WID980610299) is approximately
9.6

acres and is located in the northeastern section of the City of Tomah,
Monroe County, Wisconsin. The Tomah Armory Site is bordered on the
north by the former City of Tomah sewage disposal and treatment
facility, to the east by Mill Street and a residential area, to the
south by Arthur Street and a mixed use residential and business area,
and to the west by Woodard Avenue, which separates the Tomah Armory
Site from open fields and an apartment complex. The original landfill
area covered the majority of the Armory property, a portion of the
former City of Tomah sewage treatment plant property, a portion of a
former museum property which is currently commercial, and a small area
west of Woodard Avenue. See Tomah Armory Site Map, Docket Document ID
No. EPA-HQ-SFUND-1987-0002-0389 in the Docket.
    The City of Tomah owned the Tomah Armory Site property until 1968.
The City used the Tomah Armory Site as a landfill from 1950 until
sometime between 1955 and 1960. Waste disposal methods consisted of
excavating six to eight feet of surface soil, disposing waste in the
excavated area, covering the waste with previously excavated topsoil,
and final grading. Some of the material disposed in the landfill may
have been burned before it was buried. Records regarding the types
(residential, commercial, or industrial) and quantities of landfilled
waste are not available.
    The Wisconsin Army National Guard (WIARNG) purchased 5.9 acres of
the Tomah Armory Site in July of 1968 to support WIARNG activities
associated with the administration, logistical support, and readiness
of the unit. Prior to the purchase of the property by WIARNG, a portion
of the landfill was excavated and disposed of off-site to construct the
Armory building. Subsequently, several additional areas of the landfill
were excavated. These areas included: An area west of Woodard Avenue,
the northern 100 feet of a former telephone museum property in the
southwest corner of the Tomah Armory Site deeded to WIARNG in 1997, and
for a southern expansion of the Armory building. Excavated areas were
filled and graded and seeded, or built over.
    WDNR and EPA inspected the Tomah Armory Site in 1984 to obtain
information about past waste disposal activities at the Tomah Armory
Site. EPA prepared a Site Inspection Report in 1984 and scored the
Tomah Armory Site using EPA's Hazard Ranking System. EPA's primary
concern in the Tomah Armory Site Inspection Report was the potential
for groundwater contamination and contaminated water supplies due to
waste disposal into an unlined landfill.
    EPA proposed the Tomah Armory Site to the NPL on January 22, 1987
(52 FR 2492). EPA finalized the Tomah Armory Site on the NPL on July
22, 1987 (52 FR 27620), effective August 21, 1987.
    Current land use and occupants of the Tomah Armory Site include
WIARNG (6.6 acres), a commercial property in the southwest corner of
the Tomah Armory Site (1.717 acres) and the Tomah Fire Department (0.91
acres). Two residential properties are located in the southeast corner
of the Tomah Armory Site (0.13 and 0.24 acres), however, these
properties are not located within the landfilled area.
    The landfilled area north of the Tomah Armory Site, which was the
location of the former Tomah sewage disposal and wastewater treatment
plant, is owned by the City of Tomah and is zoned as ``other''. A
recreational path for pedestrians and non-motorized bicycles runs along
the northern portion of the City's property adjacent to the South Fork
Lemonweir River.

Remedial Investigation (RI) and Feasibility Study (FS)

    EPA conducted a Phase I Remedial Investigation (RI) at the Tomah
Armory Site in 1993 in cooperation with WDNR and the United States
Geological Survey. The purpose of the Phase I RI was to collect
groundwater and soil samples to characterize the nature and extent of
contamination and evaluate associated risks. The results of the Phase I
RI determined there was a need for additional data. WIARNG conducted a
Phase II RI from 1995 to 1997.
    The Phase I and II RI involved the sampling and analysis of
groundwater, air, and surface and subsurface soil. The RI included
groundwater sampling at residential wells and groundwater monitoring
wells around the Tomah Armory Site. Surface and subsurface soil samples
were collected within the landfill area and outside the landfill to
determine background conditions.
    The RI included a geophysical investigation. The geophysical
investigation consisted of a magnetic survey and an electromagnetic
survey. The results of the geophysical investigation and the data
collected from the soil borings and test pits were used to determine
the approximate boundaries of the landfill, shown in the Tomah Armory
Site Map, Docket Document ID No. EPA-HQ-SFUND-1987-0002-0839 in the
Docket.
    The Phase I groundwater investigation identified inorganic
groundwater contaminants inside the boundaries of the landfill. The
concentration of lead exceeded the Federal action level (AL) for lead
of 15 micrograms/liter ([micro]g/L). EPA also detected lead in a
groundwater monitoring well at one location outside the boundary of the
landfill at a concentration slightly above the AL.
    Phase II groundwater sampling performed outside the boundaries of
the landfill in 1995 and 1996 did not detect lead in any wells above
the AL. Multiple rounds of groundwater sampling performed at the Tomah
Armory Site in 1999, 2000, 2001, 2010 and 2011 confirmed that lead
levels outside the boundaries of the landfill are well below the AL.
    The RI identified organic groundwater contamination at the Tomah
Armory Site from a source upgradient of the landfill. The Phase I
sampling detected trichloroethene (TCE) in groundwater below the
landfill at concentrations above the Maximum Contaminant Level (MCL)
for TCE of 5 [micro]g/L. The Phase II sampling confirmed the presence
of TCE, and detected TCE and other organic contaminants outside the
boundaries of the landfill in upgradient wells at greater
concentrations. Based on this, EPA determined that the organic
groundwater contamination detected at the Tomah Armory Site was not
site-related.
    EPA evaluated the threats to human health and the environment posed
by the Tomah Armory Site from ingestion and/or direct contact with
contaminants in surface and subsurface soil. The contaminants of
concern were benzo(a)pyrene (BAP) and lead in surface soil, and BAP,
beryllium, chromium, arsenic and lead in subsurface soil.
    Exposure to surface and subsurface soil did not pose any
unacceptable risks. The calculated risks from exposure to surface soil
were within EPA's acceptable range for cancer risk (10-4 to
10-6) under a residential use scenario, and the calculated
exposure point concentrations of lead in surface soil were below EPA's
residential soil screening levels. None of the subsurface soil
contaminants exceeded risk-based concentrations for non-carcinogenic
effects or the cancer risk range. Subsurface soil exposure point
concentrations for lead were above EPA's residential soil screening
level of 400 milligrams/kilogram (mg/kg), but were below the site-
specific industrial risk-based concentration for lead in surface soil
of 36,000 mg/kg calculated using the adult lead cleanup model and
assuming an exposure frequency of 28 days/year at the Tomah Armory
Site.
    The risk assessment noted that waste material underlay the surface
of the

Tomah Armory Site and that groundwater under the landfill did not meet
the AL level for lead. The concentrations of lead outside the landfill,
however, did not exceed the AL, and the organic groundwater
contamination detected in groundwater below the landfill was due to an
upgradient source.
    The Tomah Armory Site property and the City of Tomah are served by
municipal water service. Given that the municipal water supply system
had adequate capacity for expansion, EPA concluded that any potential
future on-site development would also use municipal water.

Selected Remedy

    EPA determined that the contamination at the landfill did not pose
any significant risks to human health or the environment under current
or reasonably anticipated future land use based upon the results of the
Tomah Armory Site investigations and risk assessment. Additionally,
institutional controls (ICs) to prevent inappropriate land and
groundwater use at the Tomah Armory Site were already in place in the
form of restrictive covenants enforceable by the WDNR.
    EPA determined that remedial action at the Tomah Armory Site was
not warranted, and recommended no action for the Tomah Armory Site. EPA
proposed, however, that additional groundwater monitoring be conducted
to ensure that groundwater conditions continued to pose no significant
risk. EPA issued a Record of Decision (ROD) for no action with
groundwater monitoring for the Tomah Armory Site on September 23, 1997.
    EPA executed an Explanation of Significant Differences (ESD)
modifying the Tomah Armory Site remedy in September 2014. The purpose
of the ESD was to document EPA's decision to formally incorporate ICs
as part of the remedy and to modify the requirement for groundwater
monitoring.
    The ESD noted the ICs that were already in place at the Tomah
Armory Site, and added additional ICs in the form of Wisconsin
Continuing Obligations regulations and a Long-Term Stewardship (LTS)
Plan to the selected remedy. The ESD also changed the groundwater
monitoring component of the remedy from being ``required'' to being
conducted ``as needed''.

Response Actions

    WIARNG conducted seven rounds of post-ROD groundwater monitoring at
the Tomah Armory Site from May 1999 through April 2011. WIARNG
collected the groundwater samples from six monitoring locations around
the Tomah Armory Site during the first six rounds of sampling, and
follow-up groundwater sampling at three locations during the last round
of sampling. WIARNG analyzed the groundwater samples for dissolved
lead.
    None of the groundwater samples exceeded the lead AL of 15
[micro]g/L. Most of the groundwater monitoring results were at or below
the detection limit. The highest value observed was 4.1 [micro]g/L in
2010 at groundwater monitoring well MW-3. WIARNG resampled MW-3 in 2011
and did not detect any lead.
    WIARNG collected, analyzed and reviewed all groundwater monitoring
data in accordance with the Quality Assurance Project Plan for the
Tomah Armory and Tomah Fairgrounds Remedial Investigation (U.S.
Environmental Protection Agency, June 1993).
    WIARNG conducted a landfill cap evaluation in November 2010. The
purpose of the evaluation was to assess areas of potential settlement
and areas of potential contamination and stressed vegetation. WIARNG
did not find any evidence of settlement or visible contamination in the
paved or gravel covered areas of the Tomah Armory Site. WIARNG did not
find any evidence of exposed refuse on the surface of the Tomah Armory
Site or across the alleyway to the west. There were several areas of
stressed vegetation in lawn-covered areas on the west side of the Tomah
Armory Site. WIARNG personnel maintain the Tomah Armory Site by mowing
the property, filling the occasional depression, and re-seeding areas
of stressed vegetation as needed.
    WIARNG requested EPA's concurrence with WDNR's recommendations to
abandon the remaining monitoring wells around the Tomah Armory Site in
December 2015. EPA reviewed WIARNG's request and concurred with
removing the wells in April 2016. WIARNG properly abandoned the
groundwater monitoring wells in June 2016.
    WIARNG completed a Remedial Action (RA) Report in August 2016. The
RA Report documents the successful implementation of the Landfill Cap
Maintenance Plan and the Institutional Control Plan (ICP), including a
Long-Term Stewardship (LTS) Plan for the Tomah Armory Site. A copy of
the Landfill Cap Maintenance Plan, the ICP and the LTS Plan are
included in Attachment 1 and Appendix H of the 2016 RA Report.
    EPA completed a Final Close Out Report (FCOR) documenting the
completion of all appropriate response actions at the Tomah Armory Site
on February 7, 2018.

Cleanup Levels

    The Tomah Armory Site ROD is a no-action ROD with groundwater
monitoring and does not establish any cleanup levels for soil or
groundwater. During monitoring, EPA compared detected concentrations of
lead in the groundwater to the Federal AL and Wisconsin Administrative
Code (WAC) Natural Resources (NR) Chapter 140 limit for lead of 15
[micro]g/L.
    Eight rounds of groundwater samples collected from six groundwater
monitoring locations around the Tomah Armory Site from 1995 to 2010,
and a follow-up round of sampling at three wells in 2011, did not
detect any lead concentrations above the AL for lead. The majority of
the lead results were at or below the detection limit. The highest
observed values for lead were 4.7 [micro]g/L at MW-4 in 1996 and 4.1
[micro]g/L in MW-3 in 2010.
    Subsequent groundwater samples collected from MW-4 from 1999 to
2010 and from MW-3 in 2010 did not contain lead. The results of the
groundwater monitoring confirm that EPA's no action remedy for the
Tomah Armory Site selected in the 1997 ROD, as modified by the 2014
ESD, is appropriate. A summary of the groundwater monitoring data for
the Tomah Armory Site is provided in Table 3 of the 2018 FCOR, Docket
Document ID No. EPA-HQ-SFUND-1987-0002-0384 in the Docket.

Operation and Maintenance

    WIARNG conducts operation and maintenance (O&M) in accordance with
the Landfill Cap Maintenance Plan and the ICP and LTS Plan. WIARNG
inspects the Tomah Armory Landfill annually, at a minimum. WIANRG mows
and maintains the property throughout the year, and addresses
maintenance issues such as filling occasional depressions, re-seeding
areas of stressed vegetation, and evaluating the landfill cap for
subsidence. If subsidence is observed indicating possible degradation
of the landfill cap, the cap will be evaluated and potential problems
addressed as soon as possible. Property owners must contact WDNR at
least 45 days prior to making any removal, replacement or changes to
the landfill cap.
    The remedy for the Tomah Armory Site includes ICs to ensure long
term protectiveness to human health and the environment. Several types
of proprietary and government controls including deed restrictions,
zoning, municipal ordinances, and Wisconsin state regulations are in
place to provide

multiple layers of protection at the Tomah Armory Site.
    Declarations of Restrictions are implemented on the four properties
where the majority of the historical extent of the landfill is located.
These include parcels 286-00061-0000 and 286-00059-2000 owned by WIARNG
(armory property), 286-02710-0000 owned by the City of Tomah (former
waste water treatment plant/current bike path property), and the
commercial property in the southwest corner of the Tomah Armory Site
(286-00059-0000). See Tomah Armory Site Map, Docket Document ID No.
EPA-HQ-SFUND-1987-0002-0389 in the Docket.
    The deed restrictions subject the owner to the following limitation
and restrictions unless prior written approval is obtained from the
Wisconsin Department of Natural Resources or its successor: (1)
Excavating or grading of the land surface, (2) filling on the capped
area, (3) plowing for agricultural cultivation, and (4) construction or
installation of a building or other structure with a foundation that
would sit on, or be placed within, the cap or which would interfere
with the existing cap. Copies of the Declarations of Restrictions are
available in Appendix G of the 2016 RA Report, Docket Document ID No.
EPA-HQ-SFUND-1987-0002-0383 in the Docket.
    Other implemented ICs include zoning, municipal ordinances and
state regulations. Current zoning prohibits residential use of the
landfill area. The armory property is zoned X2, state; the city
property to the north and the Fire Department property are zoned X4,
other; and the parcel to the southwest is zoned G2, commercial. Two
Tomah Armory Site properties in the southeast corner of the Tomah
Armory Site are zoned for residential use, however, these properties
are outside the limits of the landfill. Tomah Armory Site zoning
designations are shown in Figure 3 of the 2016 RA Report, Docket
Document ID No. EPA-HQ-SFUND-1987-0002-0383 in the Docket.
    A zoning district designation may be changed; however, this
requires a petition for change to be filed with the city clerk and
reviewed by the planning commission. A recommendation by the planning
commission is then given to the city council, and requires a public
hearing prior to the zoning change.
    Tomah City Ordinance Section 46-101 restricts the installation and
use of private wells and cross connections between municipal well lines
and private wells. Private wells located on parcels served by the City
municipal water supply were also to be properly abandoned by January 1,
1989 (Tomah Ordinance Section 46-529).
    Private well operation is allowable in the city with a Well
Operation Permit if the well meets the requirements of Tomah Ordinance
Section 46-530. One of the requirements for obtaining a Well Operation
Permit is that the well and pump installation meet the requirements of
Chapter NR 812 of the WAC. The proposed well would also have to be
necessary, considering the mandatory Tomah water supply system (Tomah
Ordinance Section 46-50). Permits are also considered an Enforcement
and Permit Tool control.
    Well head protection areas are delineated for all City of Tomah
municipal wells. The City of Tomah enacted a Wellhead Protection
Ordinance that prohibits the issuance of a well operation permit for a
200-foot radius around the Tomah Armory Site (Tomah Ordinance Section
46-531; Code 1993, Sec.  13.37(3)).
    Changes and amendments to zoning district designations are governed
by Tomah Ordinance Section 52-256. City of Tomah Ordinances apply to
parcels within the municipal boundaries. Copies of pertinent ordinances
are available in Appendix D in the 2016 RA Report, Docket Document ID
No. EPA-HQ-SFUND-1987-0002-0383 in the Docket.
    The State of Wisconsin through the WAC specifies the regulations
applicable to waters of the state and land use. WDNR regulates the
design and operation of municipal water systems through Chapter NR 811
WAC. Section NR 811.06 WAC prohibits unprotected cross-connections and
Section NR 811.07 WAC prohibits interconnections between public water
supply systems and other sources of water unless permitted by WDNR.
    Chapter NR 812 WAC regulates construction and installation of new
and existing water systems and drill holes (excepting certain
monitoring wells, community water systems, and nonpotable surface water
systems). Section NR 812.08 WAC (Table A) specifies a minimum
separation distance between potable and nonpotable wells, reservoirs,
springs, and landfills. This distance is measured from the nearest fill
area, if known, otherwise to the property line. The 1,200-foot set-back
distance for the Tomah Armory Site is indicated on Figure 4 in the RA
Report, Docket Document ID No. EPA-HQ-SFUND-1987-0002-0383 in the
Docket.
    Chapter NR 504 WAC regulates landfill location, performance,
design, and construction. Specifically, Section NR 504.07(9) prohibits
the use of covered landfill sites which are no longer in operation for
agricultural use, the establishment of construction of any buildings
over the waste disposal area, or excavation of the final cover of any
waste materials. A copy of the relevant state regulations for the Tomah
Armory Site is provided in Appendix E of the RA Report, Docket Document
ID No. EPA-HQ-SFUND-1987-0002-0383 in the Docket.

Five Year Review

    The Tomah Armory Site requires statutory five-year reviews (FYRs)
because hazardous substances remain at the Tomah Armory Site above
levels that allow for unrestricted use and unlimited exposure. EPA
conducted FYRs of the Tomah Armory Site in 2001, 2006, 2011, and 2016.
    EPA's most recent FYR of the Tomah Armory Site, in August 2016,
determined that the remedy at the Tomah Armory Site is protective of
human health and the environment. The remedy is functioning as
intended, groundwater standards continue to be met, there has been
compliance with groundwater and land use restrictions on the property,
and no incompatible groundwater or land use has occurred at the Tomah
Armory Site. ICs that restrict groundwater use and the disturbance of
the cap and buried waste remain in place, and are effectively monitored
and maintained through the implementation of the ICP, which includes a
LTS Plan.
    The FYR did not identify any issues or recommendations that would
affect the current or future protectiveness of the remedy for the Tomah
Armory Site. The most important tasks to continue are maintaining the
landfill cover and ensuring that the ICs remain in place and are
effective.
    Finally, the FYR recommended deleting the Tomah Armory Site from
the NPL.

Community Involvement

    EPA satisfied public participation activities for the Tomah Armory
Site required in Sections 113(k) and 117 of CERCLA, 42 U.S.C. 9613(k)
and 9617. EPA hosted a ``kick-off'' public meeting for the Tomah Armory
Site in July 1993 at the Tomah City Hall Council Chambers. During the
meeting, EPA informed local residents about the Tomah Armory Site, the
Superfund process and the work to be performed as part of the RI.
    EPA established an information repository for the Tomah Armory Site
in 1993 at the Tomah Public Library, 716 Superior Avenue, Tomah,
Wisconsin 54660. EPA maintains a copy of the administrative record
documents for the

Tomah Armory Site in the information repository and at EPA's Region 5
office.
    EPA released the RI Report to the public in April 1997. EPA made
its Proposed Plan for cleaning up the Tomah Armory Site available to
the public on July 22, 1997. EPA held a public meeting on August 18,
1997 to discuss the RI and EPA's Proposed Plan. EPA placed
advertisements in local newspapers announcing EPA's proposed cleanup
plan for the Tomah Armory Site, the public meeting and the comment
period.
    EPA held a public comment period on its Proposed Plan from July 25,
1997 to August 25, 1997. The public generally supported the selected
remedy. EPA considered the public comments received during the public
meeting and public comment period prior to selecting a final remedy for
the Tomah Armory Site in the ROD. EPA's responses to the comments
received are included in a Responsiveness Summary, which is part of the
ROD. EPA also placed a copy of the 2014 ESD in the information
repositories for the Tomah Armory Site.
    EPA placed advertisements announcing the FYRs for the Tomah Armory
Site in local newspapers including the Tomah Monitor-Herald (November
27, 2006 and November 23, 2015), the Tomah Journal (November 30, 2006
and February 2011), and the Tri-County Foxxy Shopper East Edition
(November 27, 2006). EPA made the results of the FYRs available at the
Tomah Armory Site information repositories and at the following
website: http://www.epa.gov/superfund/tomah-armory.
    EPA arranged to publish an advertisement announcing the publication
of this proposed direct final Notice of Deletion in the Tomah Journal
prior to its publication in the Federal Register.
    Documents in the deletion docket which EPA relied on to support the
deletion of the Tomah Armory Site from the NPL are available to the
public in the Tomah Armory Site information repositories and at http://www.regulations.gov.

Determination That the Tomah Armory Site Meets the Criteria for
Deletion From the NCP

    The February 7, 2018, Final Close Out Report (FCOR) documents that
EPA, the WIARNG and the WDNR have successfully implemented all
appropriate response actions at the Tomah Armory Site in accordance
with the 1997 EPA Record of Decision (ROD), the 2014 EPA Explanation of
Significant Differences (ESD) and the Guidance for Management of
Superfund Remedies in Post Construction (OLEM Directive 9200.3-105,
February 2017), and Close Out Procedures for National Priorities List
Sites (OLEM Directive 9320.2-22, May, 2011).
    Cleanup actions specified in the ROD and ESD for the Tomah Armory
Site have been implemented and the Tomah Armory Site meets acceptable
risk levels for all media and exposure pathways. The ongoing IC and LTS
actions required at the Tomah Armory Site are consistent with EPA
policy and guidance.
    Groundwater sampling results confirm that the Tomah Armory Site
does not pose any threat to human health or the environment. Therefore,
the EPA has determined that no further Superfund response is necessary
at the Tomah Armory Site to protect human health and the environment.
    The NCP (40 CFR 300.425(e)) states that a site may be deleted from
the NPL when no further response action is appropriate. EPA, in
consultation with the State of Wisconsin, has determined that all
required response actions have been implemented at the Tomah Armory
Site and that no further response action by the responsible parties is
appropriate.

V. Deletion Action

    The EPA, with concurrence of the State of Wisconsin through the
WDNR, has determined that all appropriate response actions under
CERCLA, other than operation and maintenance, monitoring and five-year
reviews have been completed. Therefore, EPA is deleting the Tomah
Armory Site from the NPL.
    Because EPA considers this action to be noncontroversial and
routine, EPA is taking it without prior proposal. This action will be
effective February 5, 2019 unless EPA receives adverse comments by
January 7, 2019. If adverse comments are received within the 30-day
public comment period, EPA will publish a timely withdrawal of this
direct final notice of deletion before the effective date of the
deletion, and it will not take effect. EPA will prepare a response to
comments and continue with the deletion process on the basis of the
notice of intent to delete and the comments already received. There
will be no additional opportunity to comment.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals,
Hazardous waste, Hazardous substances, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements, Superfund, Water
pollution control, Water supply.

    Dated: October 30, 2018.
Cathy Stepp,
Regional Administrator, Region 5.

    For the reasons set out in the preamble, 40 CFR part 300 is amended
as follows:

PART 300--NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION
CONTINGENCY PLAN

0
1. The authority citation for part 300 continues to read as follows:

    Authority:  33 U.S.C. 1321(d); 42 U.S.C. 9601-9657; E.O. 13626,
77 FR 56749, 3 CFR, 2013 Comp., p. 306; E.O. 12777, 56 FR 54757, 3
CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp.,
p. 193.

Appendix B to Part 300--[Amended]

0
2. Table 1 of Appendix B to part 300 is amended by removing the entry
``WI'', ``Tomah Armory'', ``Tomah''.

[FR Doc. 2018-26486 Filed 12-6-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 116 (Monday, June 17, 2013)]
[Notices]
[Page 36182]
[FR Doc No: 2013-14274]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PR13-51-000]

Calpine Texas Pipeline, L.P.; Notice of Filing

    Take notice that on June 7, 2013, Calpine Texas Pipeline, L.P.
filed to cancel its Statement of Operating Conditions and rates for
interstate transportation service under Section 311 of the Natural Gas
Policy Act, as more fully described in the filing.
    Any person desiring to participate in this rate filing must file in
accordance with Rules 211 and 214 of the Commission's Rules of Practice
and Procedure (18 CFR 385.211 and 385.214). Protests will be considered
by the Commission in determining the appropriate action to be taken,
but will not serve to make protestants parties to the proceeding. Any
person wishing to become a party must file a notice of intervention or
motion to intervene, as appropriate. Such notices, motions, or protests
must be filed on or before the date as indicated below. Anyone filing
an intervention or protest must serve a copy of that document on the
Applicant. Anyone filing an intervention or protest on or before the
intervention or protest date need not serve motions to intervene or
protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the 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>.
    Comment Date: 5:00 p.m. Eastern Time on Friday, June 21, 2013.

    Dated: June 10, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-14274 Filed 6-14-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 202 (Friday, October 20, 2023)]
[Notices]
[Page 72517]
[FR Doc No: 2023-23176]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3596-EM; Docket ID FEMA-2023-0001]

Florida; Amendment No. 1 to Notice of an Emergency Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of an emergency declaration for
the State of Florida (FEMA-3596-EM), dated August 28, 2023, and related
determinations.

DATES: This amendment was issued August 28, 2023.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of an emergency declaration for
the State of Florida is hereby amended to include the following areas
among those areas determined to have been adversely affected by the
event declared an emergency by the President in his declaration of
August 28, 2023.

    Baker, Bradford, Clay, Collier, Duval, Flagler, Lake, Nassau,
Putnam, Seminole, St. Johns, Union, and Volusia Counties for
emergency protective measures (Category B), including direct Federal
assistance, under the Public Assistance program.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2023-23176 Filed 10-19-23; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 76, Number 22 (Wednesday, February 2, 2011)]
[Notices]
[Page 5797]
[FR Doc No: 2011-2218]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PR10-114-001; Docket No. PR10-129-001; Docket No. PR10-131-
001; Docket No. PR10-68-002 Not Consolidated]

Notice of Baseline Filings

January 26, 2010.

The Narragansett Electric        Docket No. PR10-114-001.
 Company.
Boston Gas Company.............  Docket No. PR10-129-001.
KeySpan Gas East Corporation...  Docket No. PR10-131-001.
The Brooklyn Union Gas Company.  Docket No. PR11-82-000.
Atmos Energy--Kentucky/Mid-      Docket No. PR10-68-002.
 States Division.
                                 Not Consolidated.

    Take notice that on January 20, 2011, January 21, 2011, and January
25, 2011, respectively the applicants listed above submitted a revised
baseline filing of their Statement of Operating Conditions for services
provided under section 311 of the Natural Gas Policy Act of 1978
(``NGPA'').
    Any person desiring to participate in this rate proceeding must
file a motion to intervene or to protest this filing must file in
accordance with Rules 211 and 214 of the Commission's Rules of Practice
and Procedure (18 CFR 385.211 and 385.214). Protests will be considered
by the Commission in determining the appropriate action to be taken,
but will not serve to make protestants parties to the proceeding. Any
person wishing to become a party must file a notice of intervention or
motion to intervene, as appropriate. Such notices, motions, or protests
must be filed on or before the date as indicated below. Anyone filing
an intervention or protest must serve a copy of that document on the
Applicant. Anyone filing an intervention or protest on or before the
intervention or protest date need not serve motions to intervene or
protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 7 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern time on Friday, February 11, 2011.

Kimberly D. Bose,
Secretary.
[FR Doc. 2011-2218 Filed 2-1-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 187 (Wednesday, September 26, 2018)]
[Rules and Regulations]
[Pages 48530-48531]
[FR Doc No: 2018-20870]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2018-0312; Airspace Docket No. 18-AGL-07]
RIN 2120-AA66

Establishment of Class E Airspace; Glen Ullin, ND

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class E airspace extending upward from
700

feet above the surface at Glen Ullin Regional Airport, Glen Ullin, ND.
Controlled airspace is necessary to accommodate new standard instrument
approach procedures developed at Glen Ullin Regional Airport, for the
safety and management of instrument flight rules (IFR) operations at
this airport.

DATES: Effective 0901 UTC, November 8, 2018. The Director of the
Federal Register approves this incorporation by reference action under
Title 1, Code of Federal Regulations, part 51, subject to the annual
revision of FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11C, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11C at NARA, call<PHONE_NUMBER>, or go
to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Rebecca Shelby, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it establishes Class E airspace extending upward from 700 feet above
the surface at Glen Ullin Regional Airport, Glen Ullin, ND to support
IFR operations at the airport.

History

    On May 21, 2018, the FAA published a notice of proposed rulemaking
in the Federal Register (83 FR 23381) for Docket No. FAA-2018-0312, to
establish Class E airspace extending upward from 700 feet above the
surface at Glen Ullin Regional Airport, Glen Ullin, ND. Interested
parties were invited to participate in this rulemaking effort by
submitting written comments on the proposal to the FAA. No comments
were received.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11C, Airspace Designations and
Reporting Points, dated August 13, 2018, and effective September 15,
2018. FAA Order 7400.11C is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11C lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 establishes Class E airspace extending upward from 700 feet
above the surface within a 6.4-mile radius of Glen Ullin Regional
Airport, Glen Ullin, ND, to accommodate new standard instrument
approach procedures developed for the airport, for the safety and
management of instrument flight rules (IFR) operations. Controlled
airspace is necessary.

Regulatory Notices and Analyses

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

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5.a. This airspace action is not expected
to cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

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

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

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11C,
Airspace Designations and Reporting Points, dated August 13, 2018, and
effective September 15, 2018, is amended as follows:

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

* * * * *

AGL ND E5 Glen Ullin, ND [New]

Glen Ullin Regional Airport, WI
    (Lat. 46[deg]48'52'' N, long. 101[deg]51'55'' W)

    That airspace extending upward from700 feet above the surface
within a 6.4-mile radius of the Glen Ullin Regional Airport.

    Issued in Fort Worth, Texas, on September 18, 2018.
Walter Tweedy,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2018-20870 Filed 9-25-18; 8:45 am]*COM007*
BILLING CODE 4910-13-P


 ? Need to return call by / at/ between and . Signature: Project No.: DISTRIBUTION Page __ 1_ of _ 1_

Project Name: National Strategy TELEPHONE CALL RECORD Outgoing Call Date: 01/ 14/ 04 Time: 2: 00 Company Name: Wheeler Lumber, Whitewood, SD Contact Name: Dave Phone No.: ( 605) 269 2215 Name: Arash Hooshangi Eastern Research Group, Inc.

GENERAL SUBJECT : Verification of permit and reports of pollutant discharges TOPICS DISCUSSED AND ACTION TAKEN I called Wheeler Lumber on Wednesday, Jan. 13 to speak with Jeff Parrett whose name was listed as a contact in the TRI database. Two issues were concerned. First, this facility does not have any PCS permit, as it appears on OTIS. Second, we wanted to find out how they calculated their Dioxin discharges, since their facility was among the top 90% dischargers of pollutants in the Timber products industry. Since Jeff Parrett was not available, a person named Dave offered to answer my questions. Dave told me that their facility discharged only storm water and no process water. For that reason, they hold a general storm water permit issued by the state. He said that the permit is general and not chemical specific. When I asked him about their basis for calculation of dioxins, he mentioned that they have an engineering consultant who performs such sampling, measurements and calculations for them. He said that reporting is done on Form Rs.


[Federal Register: June 14, 2007 (Volume 72, Number 114)]
[Notices]
[Page 32846]
[DOCID:fr14jn07-49]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12659-002]

Richard V. Williamson: Notice of Surrender of Preliminary Permit

June 7, 2007.
    Take notice that Richard V. Williamson, permittee for the proposed
Stony Creek Water Power Project, has requested that its preliminary
permit be terminated. The permit was issued on October 25, 2006, and
would have expired on September 30, 2009.\1\ The project would have
been located on Stony Creek in Colusa County, California.
---------------------------------------------------------------------------

    \1\ 117 FERC ] 62,068.
---------------------------------------------------------------------------

    The permittee filed the request on May 23, 2007, and the
preliminary permit for Project No. 12659 shall remain in effect through
the thirtieth day after issuance of this notice unless that day is a
Saturday, Sunday, part-day holiday that affects the Commission, or
legal holiday as described in section 18 CFR 385.2007, in which case
the effective date is the first business day following that day. New
applications involving this project site, to the extent provided for
under 18 CFR part 4, may be filed on the next business day.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-11463 Filed 6-13-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 51 (Thursday, March 15, 2012)]
[Rules and Regulations]
[Pages 15258-15260]
[FR Doc No: 2012-6319]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2011-1095]
RIN 1625-AA08

Special Local Regulations; Patriot Challenge Kayak Race, Ashley
River, Charleston, SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing special local regulations on
the Ashley River in Charleston, South Carolina during the Patriot
Challenge Kayak Race on Saturday, April 28, 2012. Approximately 150
paddle boats are anticipated to participate in the Patriot Challenge
Kayak Race. Participant paddle boats will include kayaks, canoes, and
paddleboards. These special local regulations are necessary to provide
for the safety of life on navigable waters of the United States during
the race. The special local regulations consist of a series of moving
buffer zones around participant vessels as they transit the Ashley
River from Brittlebank Park to Tidewater Reach and back to Brittlebank
Park. Persons and vessels that are not participating in the race are
prohibited from entering, transiting through, anchoring in, or
remaining within any of the buffer zones unless authorized by the
Captain of the Port Charleston or a designated representative.

DATES: This rule is effective from 12:30 p.m. until 3:30 p.m. on April
28, 2012.

ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2011-1095 and are available online by going to
http://www.regulations.gov, inserting USCG-2011-1095 in the ``Keyword''
box, and then clicking ``Search.'' This material is also available for
inspection or copying at the 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, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Ensign John R. Santorum, Sector Charleston Office of
Waterways Management, Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
(202) 366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On December 22, 2011, we published a notice of proposed rulemaking
(NPRM) entitled Special Local Regulations; Patriot Challenge Kayak
Race, Ashley River, Charleston, SC in the Federal Register (76 FR
79571). We received no comments on the proposed rule. No public meeting
was requested, and none was held.

Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
establish special local regulations: 33 U.S.C. 1233. The purpose of the
rule is to insure safety of life on navigable waters of the United
States during the Patriot Challenge Kayak Race.

Discussion of Rule

    On Saturday, April 28, 2012, the Patriot Challenge Kayak Race is
scheduled to take place on the waters of the Ashley River in
Charleston, South Carolina. The race will begin at Brittlebank Park,
transit southeast on the Ashley River, head north between Shutes Folly
Island and the Charleston peninsula, and then turn around in Tidewater
Reach. The race will return to Brittlebank Park by the same route.
Approximately 150 paddle boats are anticipated to participate in the
Patriot Challenge Kayak Race. Participant paddle boats will include
kayaks, canoes, and paddleboards.
    This rule establishes special local regulations on the Ashley River
in Charleston, South Carolina consisting of a series of buffer zones
around vessels participating in the Patriot Challenge Kayak Race. These
buffer zones are as follows: (1) All waters within 75 yards of the lead
safety vessel; (2) all waters within 75 yards of the last safety
vessel; and (3) all waters within 100 yards of all other participating
vessels, including kayaks, canoes, and paddleboards. Notice of the
special local regulations, including the identities of the lead safety
vessel and the last safety vessel, will be provided prior to the marine
parade by Local Notice to Mariners and Broadcast Notice to Mariners.
The special local regulations will be enforced from 12:30 p.m. until
3:30 p.m. on April 28, 2012. Persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
buffer zones unless authorized by the Captain of the Port Charleston or
a designated representative. Persons and vessels may request
authorization to enter, transit through, anchor in, or remain within
the buffer zones by contacting the Captain of the Port Charleston by
telephone at<PHONE_NUMBER>, or a designated representative via VHF
radio on channel 16. If authorization to enter, transit through, anchor
in, or remain within any of the buffer zones is granted by the Captain
of the Port Charleston or a designated representative, all persons and
vessels receiving such authorization are required to comply with the
instructions of the Captain of the Port Charleston or a designated
representative.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    Executive Orders 13563, Improving Regulation and Regulatory Review,
and 12866, Regulatory Planning and Review, 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 (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has not been designated a significant regulatory
action under section 3(f) of Executive Order 12866. Accordingly, the
Office of Management and Budget has not reviewed this rule under
Executive Order 12866.
    The economic impact of this rule is not significant for the
following reasons: (1) The special local regulations will be enforced
for only three hours; (2) although persons and vessels will not be able
to enter, transit through, anchor in, or remain within the buffer zones
without authorization from the Captain of the Port Charleston or a
designated representative, they may operate in the

surrounding area during the enforcement period; (3) persons and vessels
may still enter, transit through, anchor in, or remain within the
buffer zones if authorized by the Captain of the Port Charleston or a
designated representative; and (4) the Coast Guard will provide advance
notification of the special local regulations to the local maritime
community by Local Notice to Mariners and Broadcast Notice to Mariners.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this 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 rule will
not have a significant economic impact on a substantial number of small
entities. This rule may affect the following entities, some of which
may be small entities: the owners or operators of vessels intending to
enter, transit through, anchor in, or remain within that portion of the
Ashley River encompassed within the special local regulations from
12:30 p.m. until 3:30 p.m. on April 28, 2012. For the reasons discussed
in the Regulatory Planning and Review section above, this rule will not
have a significant economic impact on a substantial number of small
entities.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process. 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.

Collection of Information

    This rule calls 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 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.

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 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.

Taking of Private Property

    This rule will not effect 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 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 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.

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.

Energy Effects

    We have analyzed this 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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

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 concluded
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 is categorically excluded, under figure 2-1, paragraph (34)(h), of
the Instruction. This rule involves special local regulations issued in
conjunction with a regatta or marine parade. Under figure 2-1,
paragraph (34)(h), of the Instruction, an

environmental analysis checklist and a categorical exclusion
determination are not required for this rule.

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority:  33 U.S.C. 1233.

0
2. Add a temporary Sec.  100.35T07-1095 to read as follows:

Sec.  100.35T07-1095  Special Local Regulations; Patriot Challenge
Kayak Race, Ashley River, Charleston, SC.

    (a) Regulated Areas. The following buffer zones are regulated areas
during the Patriot Challenge Kayak Race: all waters within 75 yards of
the lead safety vessel; all waters within 75 yards of the last safety
vessel; and all waters within 100 yards of all other participating
vessels, including kayaks, canoes, and paddleboards. The identities of
the lead safety vessel and the last safety vessel will be provided
prior to the Patriot Challenge Kayak Race by Local Notice to Mariners
and Broadcast Notice to Mariners. The race will begin at Brittlebank
Park, transit southeast the Ashley River, head north between Shutes
Folly Island and the Charleston peninsula, and then turn around in
Tidewater Reach. The race will return to Brittlebank Park by the same
route.
    (b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Charleston in the enforcement of the regulated
areas.
    (c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated areas unless authorized by the Captain of the Port Charleston
or a designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated areas may contact the Captain of the
Port Charleston by telephone at<PHONE_NUMBER>, or a designated
representative via VHF radio on channel 16, to request authorization.
If authorization to enter, transit through, anchor in, or remain within
the regulated areas is granted by the Captain of the Port Charleston or
a designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Charleston or a designated representative.
    (3) The Coast Guard will provide notice of the regulated areas by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
    (d) Enforcement Date. This rule will be enforced from 12:30 p.m.
until 3:30 p.m. on April 28, 2012.

    Dated: February 28, 2012.
Michael F. White, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2012-6319 Filed 3-14-12; 8:45 am]
BILLING CODE 9110-04-P