[Federal Register: November 26, 2008 (Volume 73, Number 229)]
[Proposed Rules]
[Page 71983-71986]
[DOCID:fr26no08-39]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2008-1095]
RIN 1625-AA09

Drawbridge Operation Regulation; Chehalis, Hoquiam, and Wishkah
Rivers, Aberdeen and Hoquiam, WA, Schedule Change

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to modify the drawbridge operation
regulation for the Washington State drawbridges across the Chehalis,
Hoquiam, and Wishkah Rivers at Grays

Harbor, Washington. The change is necessary to reduce staffing
requirements during the night when openings are infrequent. The rule
will do so by modifying the number of hours of advance notice required
for draw openings and establishing the telephone as the only means of
contact for openings at night.

DATES: Comments and related material must reach the Coast Guard on or
before January 26, 2009.

ADDRESSES: You may submit comments identified by the Coast Guard docket
number USCG-2008-1095 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
    (1) Online: http://www.regulations.gov.
    (2) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
    (3) Hand delivery: Room W12-140 on the Ground Floor of the West
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is<PHONE_NUMBER>.
    (4) Fax:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call Austin Pratt, Chief, Bridge Section, Waterways Management
Branch, 13th Coast Guard District, telephone<PHONE_NUMBER>. If you have
questions on viewing or submitting material to the docket, call Renee
V. Wright, Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided. We have an agreement with the
Department of Transportation (DOT) to use the Docket Management
Facility. Please see DOT's ``Privacy Act'' paragraph below.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking USCG-2008-1095, indicate the specific section of this
document to which each comment applies, and give the reason for each
comment. We recommend that you include your name and a mailing address,
an e-mail address, or a phone number in the body of your document so
that we can contact you if we have questions regarding your submission.
You may submit your comments and material by electronic means, mail,
fax, or delivery to the Docket Management Facility at the address under
ADDRESSES; but please submit your comments and material by only one
means. If you submit them by mail or delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit them by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period. We may change this
proposed rule in view of them.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov at
any time. Enter the docket number for this rulemaking (USCG-2008-1095)
in the search box, and click ``Go>>.'' You may also visit either the
Docket Management Facility in Room W12-140 on the ground floor of the
DOT West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays or the 13th Coast Guard District Waterways Management Branch
at 915 Second Avenue, Seattle, WA 98174-1067 between 7:30 a.m. and 4
p.m., Monday through Friday, except Federal holidays.

Privacy Act

    Anyone can search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review the Department of
Transportation's Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477), or you may visit http://
DocketsInfo.dot.gov.

Public Meeting

    We do not now plan to hold a public meeting, but you may submit a
request for one to the Docket Management Facility at the address under
ADDRESSES explaining why one would be beneficial. If we determine that
a public meeting would aid this rulemaking, we will hold one at a time
and place announced by a later notice in the Federal Register.

Background and Purpose

    The proposed rule will enable the Washington State Department of
Transportation, the owner of the drawbridges across the Chehalis,
Hoquiam, and Wishkah Rivers at Grays Harbor, Washington, to reduce the
staffing of the Chehalis Bridge, which currently maintains a radio
watch during the night hours when advance notice is required for
openings of the draws of all of those bridges.
    One-hour notice is currently required for openings of the Chehalis
River Bridge from one hour after sunset to one hour before sunrise and
for all openings of the Simpson Avenue Bridge, Hoquiam River mile 0.5,
the Riverside Avenue Bridge, Hoquiam River mile 0.9, the Heron Street
Bridge, Wishkah River mile 0.2, and the Wishkah Street Bridge, Wishkah
River, mile 0.4.
    The reduction in staffing is appropriate because the draws of those
bridges rarely have to been opened during the period affected. In fact,
during the entire year of 2007 only 50 openings were requested for the
bridges between 9 p.m. and 5 a.m., which equates to an average of less
than one opening per week during those hours. Furthermore, most of the
requests were made by telephone.

Discussion of Proposed Rule

    The proposed rule will amend 33 CFR 117.1031 by changing the hours
when advanced notification is required to open the draw of the Chehalis
Bridge from one hour after sunset to one hour before sunrise. This
would be changed to 9 p.m. to 5 a.m. The proposed rule will also limit
the means of advance notification to telephone alone and change the
sound signal to request an opening of the draw of the bridge from 5
a.m. to 9 p.m. from two short blasts followed by one prolonged blast to
the general signal of one prolonged blast followed by one short blast.
    The proposed rule will amend 33 CFR 117.1047 and 117.1065 so that
the means of notification to request an opening of the draw of the
Simpson Avenue Bridge, Riverside Avenue Bridge, Heron Street Bridge, or
Wishkah Street Bridge will be limited to telephone alone.
    These changes are necessary to allow the Washington State
Department of Transportation to reduce the staffing of the Chehalis
Bridge as noted above.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and

executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order.
    We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary. We reached
this conclusion because the draws of the bridges rarely have to been
opened during the period affected, the draws will still be opened in a
reasonable amount of time, and most vessel operators already use the
telephone to request openings of the draws.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed rule would affect the following
entities, some of which might be small entities: The owners or
operators of vessels needing to transit the bridges during the period
affected. This action will not have a significant economic impact on a
substantial number of small entities, however, because the bridges
rarely have to be opened during the period affected, the draws will
still be opened in a reasonable amount of time, and most vessel
operators already use the telephone to request openings of the draws.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how, and to what
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Austin Pratt, Chief, Bridge
Section, Waterways Management Branch, 13th Coast Guard District, at
(206) 220-7282. 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 proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

Federalism

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

Unfunded Mandates Reform Act

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

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

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

Indian Tribal Governments

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

Energy Effects

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

Technical Standards

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

Environment

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

List of Subjects in 33 CFR Part 117

    Bridges.

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

PART 117--DRAWBRIDGE OPERATION REGULATIONS

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

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

    2. Revise Sec.  117.1031 to read as follows:

Sec.  117.1031  Chehalis River.

    The draw of the SR 101 highway bridge, mile 0.1, at Aberdeen shall
open on signal from 5 a.m. to 9 p.m., except that from 7:15 a.m. to
8:15 a.m. and 4:15 p.m. to 5:15 p.m., Monday through Friday, except
federal holidays, the draw need not open for vessels of less than 5000
gross tons. At all other times, the draw shall open on signal if at
least one hour notice is given by telephone to the Washington State
Department of Transportation. The opening signal is one prolonged blast
followed by one short blast.
    3. In Sec.  117.1047 revise paragraphs (c) and (d) to read as
follows:

Sec.  117.1047  Hoquiam River.

* * * * *
    (c) The draw of the Simpson Avenue Bridge, mile 0.5, at Hoquiam,
shall open on signal if at least one hour notice is given by telephone
to the Washington State Department of Transportation. The opening
signal is two prolonged blasts followed by one short blast.
    (d) The draw of the Riverside Avenue Bridge, mile 0.9, at Hoquiam,
shall open on signal if at least one hour notice is given by telephone
to the Washington State Department of Transportation. The opening
signal is two prolonged blasts followed by two short blasts.
    4. In Sec.  117.1065 revise paragraph (c) to read as follows:

Sec.  117.1065  Wishkah River.

* * * * *
    (c) The draw of the Heron Street Bridge, mile 0.2 and the Wishkah
Street Bridge, mile 0.4, at Aberdeen, shall open on signal if at least
one hour notice is given by telephone to the Washington State
Department of Transportation. The opening signal for both bridges is
one prolonged blast followed by two short blasts.

    Dated: November 12, 2008.
J.P. Currier,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. E8-28135 Filed 11-25-08; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 85, Number 22 (Monday, February 3, 2020)]
[Proposed Rules]
[Pages 5911-5913]
[FR Doc No: 2020-01920]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0057]
RIN 1625-AA00

Safety Zone; Monongahela River Mile 28.0 to Mile 30.0,
Pittsburgh, PA

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 mile 28.0 to mile 30.0 of the Monongahela River. This action
is necessary to provide for the safety of life on these navigable
waters near Mitchell Power Plant, Pittsburgh, PA, during an electrical
conducter pull from March 2, 2020 through March 20, 2020. This proposed
rulemaking would prohibit persons and vessels from being in the safety
zone unless authorized by the Captain of the Port Pittsburgh 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 March 4, 2020.

ADDRESSES: You may submit comments identified by docket number USCG-
2020-0057 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 MST2 Trevor Vannatta, Waterways
Management U.S. Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section

U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On November 12, 2019, the Duquesne Light Company notified the Coast
Guard that it will be conducting an electrical conducter pull on March
2, 2020, in order to replace existing electrical conductor with new
higher ampacity electrical conductor. The conducter pull will take
place at mile 29 near Mitchell Power Plant on the Monongahela River
near Pittsburgh, PA. Hazards from the conducter pull include danger to
the navigability of the waterway due to obstruction by equipment. The
Captain of the Port Pittsburgh (COTP) has determined that potential
hazards associated with the maintanence work would be a safety concern
for anyone transiting the river.
    The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters before, during, and after the scheduled
maintenance activity. 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 is proposing to establish a safety zone from March 2, 2020
through March 20, 2020. The safety zone would cover all navigable
waters from mile 28.0 to mile 30.0 on the Monongahela River near
Pittsburgh, PA. The duration of the zone is intended to ensure the
safety of vessels and these navigable waters before, during, and after
a scheduled maintenance activity. 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 the size,
location, and duration of the safety zone. The safety zone will impact
a 2-mile stretch of the Monongahela River for 19 days, and vessel
traffic would be able to safely transit around this safety zone.
Moreover, the Coast Guard would issue a Broadcast Notice to Mariners
via VHF-FM marine channel 16 about the zone, and the rule would allow
vessels to seek permission to enter 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 from March 2, 2020 through March 20, 2020 from mile 28.0 to
mile 30.0 on the Monongahela River near Pittsburgh, PA. 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 Correspondence
System of Records notice (84 FR 48645, September 26, 2018).
    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.T08-0057 to read as follows:

Sec.  165.T08-0057   Safety Zone; Monongahela, Mile 28.0 to Mile 30.0,
Pittsburgh, PA.

    (a) Location. The following area is a safety zone: all navigable
waters of the Monongahela River from mile 28.0 to mile 30.0.
    (b) Effective period. This section is effective from March 2, 2020
through March 20, 2020.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23, entry of persons and vessels into this zone is prohibited
unless authorized by the Captain of the Port Marine Safety Unit
Pittsburgh (COTP) or a designated representative.
    (2) Persons or vessels requiring entry into or passage through the
zone must request permission from the COTP or a designated
representative. The COTP's representative may be contacted at 412-221-
0807.
    (3) All persons and vessels shall comply with the instructions of
the COTP or a designated representative. Designated COTP
representatives include United States Coast Guard commissioned,
warrant, and petty officer.
    (d) Information broadcasts. The Captain COTP or a designated
representative will inform the public through Local Notice to Mariners
(LNMs), Broadcast Notices to Mariners (BNMs), and/or Marine Safety
Information Bulletins (MSIBs), as appropriate.

A.W. Demo,
Commander, U.S. Coast Guard, Captain of the Port Marine Safety Unit
Pittsburgh.
[FR Doc. 2020-01920 Filed 1-31-20; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 77, Number 81 (Thursday, April 26, 2012)]
[Notices]
[Pages 25012-25013]
[FR Doc No: 2012-9739]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent To Rule on Request To Release Airport Property
at the South Texas Regional Airport at Hondo (formerly Hondo Municipal
Airport), Hondo, TX

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of Request to Release Airport Property.

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SUMMARY: The FAA proposes to rule and invite public comment on the
release of land at the South Texas Regional Airport at Hondo under the
provisions of Section 125 of the Wendell H. Ford Aviation Investment
Reform Act for the 21st Century (AIR 21).

DATES: Comments must be received on or before May 29, 2012.

ADDRESSES: Comments on this application may be mailed or delivered to
the FAA at the following address: Mr. Mike Nicely, Manager, Federal
Aviation Administration, Southwest Region, Airports Division, Texas
Airports Development Office, ASW-650, Fort Worth, Texas 76137.
    In addition, one copy of any comments submitted to the FAA must be
mailed or delivered to the Mr. Robert Herrera, City Manager, at the
following address: 1600 Avenue M, Hondo, Texas 78861.

FOR FURTHER INFORMATION CONTACT:  Mr. Steven Cooks, Program Manager,
Federal Aviation Administration, Texas Airports Development Office,
ASW-650, 2601 Meacham Boulevard, Fort Worth, Texas 76137, Telephone:
(817) 222-5608, email<EMAIL_ADDRESS>fax:<PHONE_NUMBER>.
    The request to release property may be reviewed in person at this
same location.

SUPPLEMENTARY INFORMATION: The FAA invites public comment on the
request to release property at the South Texas Regional Airport at
Hondo under the provisions of the AIR 21.
    The following is a brief overview of the request:
    The City of Hondo requests the release of 119.639 acres of non-
aeronautical airport property. The land was acquired by Deed without
Warranty from the United States on July 16, 1948. The property to be
released will be sold to allow for further commercial and light
industrial development along the Union Pacific Railroad corridor which
generally parallels US Highway 90 along the south boundary of the
airport.
    Any person may inspect the request in person at the FAA office
listed above

under FOR FURTHER INFORMATION CONTACT.
    In addition, any person may, upon request, inspect the application,
notice and other documents relevant to the application in person at the
South Texas Regional Airport at Hondo, telephone number<PHONE_NUMBER>.

    Issued in Fort Worth, Texas on April 23, 2012.
Kelvin L. Solco,
Manager, Airports Division.
[FR Doc. 2012-9739 Filed 4-25-12; 8:45 am]
BILLING CODE P


\1\ Exercises are listed in the order in which they are to be administered.
\2\ It is optional for test subjects to take additional breaths at other times during this exercise.

* * * * *
    7. Controlled negative pressure (CNP) REDON quantitative fit
testing protocol.
    (a) When administering this protocol to test subjects, employers
must comply with the requirements specified in paragraphs (a) and
(c) of part I.C.6 of this appendix (``Controlled negative pressure
(CNP) quantitative fit testing protocol,'') as well as use the test
exercises described below in paragraph (b) of this protocol instead
of the test exercises specified in paragraph (b) of part I.C.6 of
this appendix.
    (b) Employers must ensure that each test subject being fit
tested using this protocol follows the exercise and measurement
procedures, including the order of administration described in Table
A-3 of this appendix.
* * * * *
[FR Doc. 2019-20686 Filed 9-25-19; 8:45 am]
 BILLING CODE 4510-26-P


[Federal Register Volume 87, Number 138 (Wednesday, July 20, 2022)]
[Notices]
[Pages 43263-43265]
[FR Doc No: 2022-15411]

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

[EPA-HQ-OPP-2022-0163; FRL-9408-06-OCSPP]

Pesticide Product Registration; Receipt of Applications for New
Uses (June 2022)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: EPA has received applications to register new uses for
pesticide products containing currently registered active ingredients.
Pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA), EPA is hereby providing notice of receipt and opportunity to
comment on these applications.

DATES: Comments must be received on or before August 19, 2022.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2022-0163, through the Federal eRulemaking
Portal at https://www.regulations.gov. Follow the online instructions
for submitting comments. Do not submit electronically any information
you consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Additional
instructions on commenting and visiting the docket, along with more
information about dockets generally, is available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Marietta Echeverria, Registration
Division (RD) (7505P), main telephone number:<PHONE_NUMBER>, email
address: [email protected]. The mailing address for each contact
person is: Office of Pesticide Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001. As part
of the mailing address, include the contact person's name, division,
and mail code. The division to contact is listed at the end of each
application summary.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at https://www.epa.gov/dockets/commenting-epa-dockets.

II. Registration Applications

    EPA has received applications to register new uses for pesticide
products containing currently registered active ingredients. Pursuant
to the provisions of FIFRA section 3(c)(4) (7 U.S.C. 136a(c)(4)), EPA
is hereby providing notice of receipt and opportunity to comment on
these applications. Notice of receipt of these applications does not
imply a decision by the Agency on these applications.

Notice of Receipt--New Uses

    1. EPA Registration Number: 100-1374. Docket ID number: EPA-HQ-OPP-
2022-0314. Applicant: Syngenta Crop Protection, LLC, P.O. Box 18300,
Greensboro, NC 27419. Active ingredient: Sedaxane. Product type:
Fungicide. Proposed use: Vegetable, cucurbit, group 9 and vegetable dry
bulb, crop subgroup 3-07A. Contact: RD.
    2. EPA Registration Number: 100-1381. Docket ID number: EPA-HQ-OPP-
2022-0314. Applicant: Syngenta Crop Protection, LLC, P.O. Box 18300,
Greensboro, NC 27419. Active ingredient: Sedaxane. Product type:
Fungicide. Proposed use: Vegetable, cucurbit, group 9 and vegetable dry
bulb, crop subgroup 3-07A. Contact: RD.
    3. EPA Registration Numbers: 264-824, 264-1055, 264-1084. Docket ID
number: EPA-HQ-OPP-2022-0478. Applicant: Bayer CropScience 800 N
Lindbergh Blvd. St. Louis, MO 63167 Active ingredient: Prothioconazole.
Product type: Fungicide. Proposed use: Foliar use of prothioconazole in
potatoes. Contact: RD.
    4. EPA Registration Numbers: 279-3633. Docket ID number: EPA-HQ-
OPP-2022-0547. Applicant: FMC Corporation, 2929 Walnut Street, PA
19104. Active ingredient: Flutriafol. Product type: Fungicide. Proposed
use: Residential turf and ornamentals. Contact: RD.
    5. EPA Registration Numbers: 4787-55 and 4787-61. Docket ID number:
EPA-HQ-OPP-2022-0547. Applicant: Cheminova A/S, 2929 Walnut Street, PA
19104. Active ingredient: Flutriafol. Product type: Fungicide. Proposed
use: Residential turf and ornamental. Contact: RD.
    6. EPA File Symbol: 7969-UON. Docket ID number: EPA-HQ-OPP-2022-
0488. Applicant: BASF Corporation, 26 Davis Dr., Research Triangle, NC
27709. Active ingredient: Broflanilide. Product type: Insecticide.
Proposed use: Control of darkling beetles inside of poultry houses and
their exterior. Contact: RD.
    7. EPA Registration Number: 7969-310. Docket ID number: EPA-HQ-OPP-
2022-0258. Applicant: BASF Corporation, 26 Davis Drive, P.O. Box 13528,
Research Triangle Park, NC 27709-3528. Active ingredient: Fluxapyroxad
(3-(difluoromethyl)-1-methyl-N-(3',4',5'-trifluoro[1,1'-biphenyl]-2-
yl)-1H-pyrazole-4-carboxamide). Product type: Fungicide. Proposed use:
Avocado. Contact: RD.
    8. EPA Registration Number: 7969-312. Docket ID number: EPA-HQ-OPP-
2022-0258. Applicant: BASF Corporation, 26 Davis Drive, P.O. Box 13528,
Research Triangle Park, NC 27709-3528. Active ingredient: Fluxapyroxad
(3-(difluoromethyl)-1-methyl-N-(3',4',5'-trifluoro[1,1'-biphenyl]-2-
yl)-1H-pyrazole-4-carboxamide). Product type: Fungicide. Proposed use:
Avocado. Contact: RD.
    9. EPA Registration Numbers: 86203-1 & 352-834. Docket ID number:
EPA-HQ-OPP-2021-0658. Applicant: Interregional Research Project Number
4 (IR-4), Rutgers, The State University of New Jersey, 500 College Road
East, Suite 201 W, Princeton, NJ 08540. Active ingredient:
Penthiopyrad. Product type: Fungicide. Proposed use: Banana and Leafy
Greens Subgroup 4-16A (lettuce) (Greenhouse). Contact: RD.
    10. EPA Registration Number: 86203-28. Docket ID number: EPA-HQ-
OPP-2022-0488. Applicant: BASF Corporation, 26 Davis Dr., Research
Triangle, NC 27709. Active ingredient: Broflanilide. Product type:
Insecticide. Proposed use: Poultry Houses/Facilities. Contact: RD.

(Authority: 7 U.S.C. 136 et seq.)

    Dated: July 12, 2022.
Delores Barber,
Director, Information Technology and Resources Management Division,
Office of Program Support.
[FR Doc. 2022-15411 Filed 7-19-22; 8:45 am]
BILLING CODE 6560-50-P


Comment Info: =================

General Comment:Dear Mr. Zeller:

I'm writing as an individual consumer to request an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. On behalf of myself, I am requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days. I neither manufacture or sell nor am I involved in the manufacture or sale of any e-cigarette products; I'm simply a 63 year old retiree and ex-smoker who has found them to be of very great benefit to my health, as have several members of my family and others in my circle of friends.

The Proposed Rule demands a careful reading. It raises a number of significant issues and questions that are important and relevant to me, as a consumer of products that are proposed for regulation under the Proposed Rule. The Proposed Rule asks about a hundred different questions I might want to respond to. I want to provide my thoughts and comments on many of these issues, but my time to devote to researching and providing thoughtful comments on these important questions is limited. I have already spent many hours researching and dissecting these issues and discussing them with other persons who share my concern, but fully understanding the implications and impact upon my own life is very important to me. To do so requires time. I know that the FDA took many years to even come up with the Proposed Rule, so I do not think it is at all unreasonable to allow the public a mere six months to comment on it. This is our only opportunity, as consumers, to provide our feedback.

I feel very strongly about e-cigarettes as an alternative to combustible cigarettes. I have been using them for about 5 years now, after over 40 years of very heavy smoking despite numerous efforts to quit, including earnest trials with other products on the market (patches, etc.). I was able to stop smoking within a week by replacing cigarettes with e-cigarettes, with no ill effects and many benefits. I do firmly believe that they have saved my life. I wish to provide you with my full personal story, as well as science- and evidence-based responses to your questions so that you can take my comment into account. I realize that the FDA has the authority under 21 CFR 10.40 to extend this time frame and that the FDA has exercised this authority on numerous occasions in the past. I would therefore ask that you do so here, so that all stakeholders have the opportunity to provide their comments on this proposed regulation.

I appreciate your consideration of my request and am happy to discuss this issue with you further.


[Federal Register Volume 79, Number 124 (Friday, June 27, 2014)]
[Notices]
[Pages 36505-36508]
[FR Doc No: 2014-15088]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13124-015]

Copper Valley Electric Association, Inc.; Notice of Availability
of Supplemental Environmental Assessment

    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission's (Commission or FERC's)
regulations, 18 Code of Federal Regulations (CFR) Part 380 (Order No.
486, 52 Federal Register 47897), the Office of Energy Projects has
reviewed Copper Valley Electric Association, Inc.'s application to
amend its license for the Allison Creek Hydroelectric Project (FERC
Project No. 13124). The 6.5-megawatt (MW) project is located on Allison
Creek near Valdez, Alaska. The project does not occupy any federal
lands.
    The licensee is proposing to amend its powerhouse and tailrace to
include a single 6.5 MW turbine generator unit instead of the two
smaller 3.25 MW units that were licensed. This amendment would shift
the powerhouse location and pivot the tailrace approximately 90 degrees
to the north. In addition to the changes to the powerhouse and
tailrace, the licensee proposes to shift the transmission line route
south and uphill of the original licensed route along the Trans-Alaska
Pipeline System right-of-way. In addition the voltage would change from
34.5 kilovolts (kV) to 25 kV. Staff prepared a supplemental
environmental assessment (EA) which analyzes the potential
environmental effects of the proposed amendment, and concludes that
amending the license, with appropriate environmental protective
measures, would not constitute a major federal action that would
significantly affect the quality of the human environment.
    A copy of the EA may be viewed on the Commission's Web site at
http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number
(P-13124) in the docket number field to access the document. You may
also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, call 1-866-
208-3676 or email<EMAIL_ADDRESS>for TTY, call (202) 502-
8659. A copy is also available for inspection and reproduction at the
Commission's Public Reference Room located at 888 First Street NE.,
Room 2A, Washington, DC 20426, or by calling<PHONE_NUMBER>.

    Dated: June 20, 2014.
 Kimberly D. Bose,
 Secretary.

SUPPLEMENTAL ENVIRONMENTAL ASSESSMENT FOR AMENDMENT OF LICENSE

Allison Creek Hydroelectric Project--FERC Project No. 13124--Alaska

Federal Energy Regulatory Commission, Office of Energy Projects,
Division of Hydropower Administration and Compliance, 888 First
Street NE., Washington, DC 20426

June 2014

SUPPLEMENTAL ENVIRONMENTAL ASSESSMENT

Federal Energy Regulatory Commission, Office of Energy Projects,
Division of Hydropower Administration and Compliance, Washington, DC

Allison Creek Hydroelectric Project

FERC Project No. 13124--Alaska

Introduction

    On August 1, 2013, the Federal Energy Regulatory Commission
(Commission) issued an original license for the unconstructed Allison
Creek Hydroelectric Project No. 13124.\1\ On September 27, 2013, Copper
Valley Electric Association, Inc. (licensee) filed an application to
amend its license for the Allison Creek Hydroelectric Project to modify
the penstock design, modify the temporary construction access roads,
and construct a penstock/access tunnel. This amendment was approved by
the Commission on November 20, 2013 \2\ and was supported by an
Environmental Assessment (EA) issued concurrently with the order.
---------------------------------------------------------------------------

    \1\ Order Issuing Original License, 144 FERC ] 62,089.
    \2\ Order Amending License, Approving Temporary Penstock Access
Route Plan, and Deleting Article 415 (145 FERC ] 62,124).
---------------------------------------------------------------------------

    On April 11, 2014, the licensee filed another application to amend
its license. In its amendment application, the licensee proposes to
change the powerhouse and tailrace to accommodate a single 6.5 megawatt
(MW) turbine unit instead of the licensed two 3.25 MW units. The
licensee is also requesting permission to change the transmission line
from 34.5 kilovolts (kV) to 25 kV and to relocate the transmission line
route south and uphill of the currently licensed route. As licensed,
the project will be constructed on Allison Creek at river mile 1.89,
about 10,000 feet upstream of the mouth of Allison Creek and about
2,350 feet downstream of the outlet of Allison Lake near the city of
Valdez, Alaska. The project does not occupy any lands of the United
States.
    This supplemental EA is intended to analyze the environmental
impacts of the licensee's most recent April 14, 2014 amendment request
and relies, in part, on the EA that was issued by the Commission on
November 20, 2013. Only the environmental impacts of the changes to the
powerhouse, tailrace, and transmission line will be considered in this
supplemental EA.

Proposed Action

    As licensed, the powerhouse would be 65 feet by 65 feet and would
contain two 3.25 MW generator units that discharge into a 120 feet long
concrete tailrace that exits the powerhouse to the west. This amendment
would slightly shift the powerhouse location and would pivot the
tailrace approximately 90 degrees to the north. This would allow for a
shorter, shallower, and steeper tailrace. The tailrace would still
return flow to Allison Creek above the natural salmon barrier known as
``The Chutes.'' The new powerhouse would be 55 feet by 65 feet and
would contain a single 6.5 MW turbine generator unit. The new tailrace
would be a 70.5 feet long concrete channel exiting the powerhouse to
the north.
    The project's transmission line, as licensed, is a 34.5 kV line
that runs for 3.8 miles along the Trans-Alaska Pipeline System (TAPS)
right-of-way,

including 1 mile of the Solomon Gulch trail. The Solomon Gulch trail is
a recreational feature of Copper Valley Electric's Solomon Gulch
Hydroelectric Project (FERC No. 2742). This amendment would change the
transmission line to a 25 kV line that would run 3.8 miles south and
uphill of the original route along the TAPS right-of-way terminating at
the Petro Star refinery. The revised transmission line route would
utilize a designated section line utility corridor for a portion of the
route. The line would no longer follow the Solomon Gulch trail;
however, it would cross the trail at one location. No changes to
project operations are proposed.

Pre-Filing Consultation and Public Comment

Pre-Filing Consultation

    Prior to filing the application, the licensee consulted with the
Alaska State Historic Preservation Officer (SHPO), National Marine
Fisheries Service (NMFS), U.S. Fish and Wildlife Service, and Alaska
Department of Fish and Game (Alaska DFG). On May 8, 2013, the SHPO
concurred that no historic properties would be affected. The FWS stated
that it had no objection to the proposed amendment by email dated March
11, 2014. On April 3, 2014, NMFS replied by email and stated that the
proposed license amendment does not pose any risk to salmon or other
aquatic resources. The NMFS also pointed out that the new transmission
line route reduces the possibility of some sensitive wetland impacts.
The NMFS had no objections to the proposed amendment.
    Alaska DFG commented in its email dated April 3, 2014, that it had
no objection to the amendment and specifically stated it had no
concerns with the new alignment of the transmission line or with the
change in the footprint and location of the powerhouse. However, the
Alaska DFG requested the single generator powerhouse be designed with a
generator water bypass system to maintain immediate flow in the
downstream reach in the event of a project shutdown. This would allow
for bypass reach ramping and reduce effects on fish in the downstream
reach, if the penstock must also be dewatered.

Public Notice

    On May 1, 2014, the Commission issued a public notice that the
amendment application was accepted for filing and soliciting comments,
motions to intervene, and protests. On May 29, 2014, the U.S.
Department of the Interior (Interior) filed comments pursuant to the
public notice. In its letter, the Interior expressed concerns about the
licensee's lack of analysis in support of its license amendment
application with regard to potential recreation and aesthetic impacts
associated with the new routing of the transmission line. Because the
new route is a significant change from the route analyzed in the June
21, 2013 EA issued by the Commission, Interior, recommends that the
Commission scope, study, and analyze potential impacts related to the
proposed new route as appropriate and that the licensee subsequently
revise its April 14, 2014 application for amendment of license.
Interior also stated in its letter that it had no comments on the
proposed changes to the powerhouse and the tailrace.
    In a letter dated June 3, 2014, the licensee responded to the
Interior's comments on the revised transmission line route and provided
an expanded explanation of the aesthetic and recreational effects of
the proposed revised line. Interior's comments and the licensee's
responses will be further discussed in the environmental analysis
section of this supplemental EA.

Environmental Analysis

Powerhouse and Tailrace

    The environmental impacts of the powerhouse would be essentially
the same as those considered during the preparation of the June 21,
2013, EA to support the license. Construction would essentially occur
in the same location but the footprint of the new powerhouse would be
slightly smaller than the powerhouse originally licensed. The new
tailrace would also be about 45.5 feet shorter than the currently
licensed tailrace, but it would also be constructed with a higher
grade.
    The concrete tailrace channel outfall would be constructed about
\1/4\ mile upstream of Dayville Road on the south side of Allison
Creek, above the high water mark. A bar grate barrier with 1-inch
spacing would be installed across the channel to prevent fish from
swimming up the tailrace channel to the turbine. During construction a
cofferdam would be utilized and after installation, fish would be
removed from behind the cofferdam in accordance with a valid Fish
Resource Permit from the Alaska DFG and placed back in the flowing
water of the creek.
    During project construction, best management practices would be
followed to protect Allison Creek. The only work that would be
conducted in flowing water is the installation and removal of the
cofferdam. Disturbed areas would be stabilized with erosion control
blankets and revegetated with native grasses. During in-water
construction, daily turbidity monitoring would be conducted by an
environmental compliance monitor upstream and downstream of the work
area. If downstream turbidity measures greater than 25 Nephelometric
Turbidity Units (NTUs) higher than upstream measurements, then related
construction activities would be stopped and appropriate protection
measures would be taken. Alaska DFG would be notified of any non-
compliance event that may affect fish resources. To further protect
aquatic species, the licensee would comply with the Commission's
December 20, 2013, Order Approving Phase I of the Biotic Monitoring
Plan Pursuant to License Article 407.\3\
---------------------------------------------------------------------------

    \3\ 145 FERC ] 62,223.
---------------------------------------------------------------------------

    On February 7, 2014, the Alaska DFG issued a Fish Habitat Permit
for the project. This permit contains additional fish protection and
enhancement measures that must be followed by the licensee. Any other
environmental impacts of the construction and operation of the
powerhouse and tailrace would be similar to those considered in the
September 27, 2013 license and associated EA.

Our Analysis

    In, its comments, Alaska DFG requested the single generator
powerhouse be designed with a generator water bypass system to maintain
immediate flow in the downstream reach in the event of a project
shutdown. This would allow for bypass reach ramping and reduce effects
on fish in the downstream reach, if the penstock must also be
dewatered.
    The Alaska DFG made a similar 10(j) request during licensing. In
the final license order, the Commission concluded that the constant
delivery of minimum flows at the project's diversion, required by
Article 403, would provide a stable amount of flow to protect fishery
resources downstream of the powerhouse. Therefore, an additional
failsafe provision for the powerhouse was not needed.\4\ Since there
are no changes in this amendment that would alter this determination,
we have not incorporated this recommendation. The licensee is still
required to comply with article 403, which should provide adequate
protection for downstream fisheries.
---------------------------------------------------------------------------

    \4\ Order Issuing Original License, 144 FERC ] 62,089.

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

Transmission Line

    The licensed project would be located in a scenic, largely
undeveloped area above the south shore of Port Valdez and at the base
of the Chugach Mountains. The dramatic natural landscape provides an
important scenic backdrop to the Valdez community, and is integral to
the multiple recreation and tourism activities occurring in the region,
such as boating, fishing, camping, and sightseeing. The project area is
most visible from Port Valdez, the city of Valdez, a portion of the
Richardson Highway (a designated scenic byway), and from the Solomon
Gulch Trail.
    The project's transmission line, as licensed, is a 34.5 kV line
that runs for 3.8 miles with a 30-foot-wide right-of-way along the TAPS
right-of-way, including 1 mile of the Solomon Gulch trail which is a
cleared route that runs through a Sitka spruce and mountain hemlock
forest, low on the slopes above Dayville Road. The wooden power poles
would match the scale and appearance of existing transmission lines
associated with the nearby Solomon Gulch Project. The transmission line
and poles would be camouflaged by dense vegetation and forest canopy
along the TAPS right-of-way which is not visible from Dayville Road.
The visual impacts from the licensed transmission line route would be
greatest where it follows the Solomon Gulch Trail for approximately 1
mile. See Commission's staff's EA issued June 21, 2013 for a complete
description of the anticipated environmental effects of the licensed
transmission line.
    The proposed new transmission line would be a 25 kV line that would
run 3.8 miles with a 30-foot-wide right-of-way, south and uphill while
paralleling the licensed route along the TAPS right-of-way. The
proposed new transmission line route would utilize a designated section
line utility corridor for a portion of the route. The line would no
longer follow the Solomon Gulch trail; however, it would cross the
trail at one location. The existing environment surrounding the
proposed new transmission line route is very similar to the licensed
route. A wetland survey was conducted for the new route and no new
waters or wetland types were found. Wetlands accounted for 2.29 acres
within the proposed new transmission line corridor. The U.S. Army Corps
of Engineers issued a wetland permit for the project on October 22,
2013. The licensee is also required to conduct restoration activities
and mange invasive species pursuant to the Commission's Order Approving
Vegetation Management Plan Pursuant to License Article 410.\5\
---------------------------------------------------------------------------

    \5\ Issued January 3, 2014 (146 FERC ] 62,004).
---------------------------------------------------------------------------

    The proposed new transmission line route would be farther from
previously identified active raptor nests than the licensed line. The
proposed new line would also be designed to protect resident and
migratory birds similar to the licensed line.
    In its comments, Interior notes that the proposed new transmission
line route would run much higher on the mountainside, above the forest
and in a new right-of-way that has less vegetation to shield the line
from view. Since the licensee is proposing to clear and maintain a new
30-foot-wide right-of-way, Interior says the licensee would be creating
a new linear feature that could be visible from the three key Valdez
viewpoints (Alaska State Marine Highway Ferry Dock, Valdez Convention
and Civic Center, and scenic pullout along Richardson Highway) that
were used to analyze the original project's potential impacts.
    Interior points out that, although the proposed new transmission
line would no longer follow the Solomon Gulch trail, it would be
visible from long stretches of the trail, from the edge of the forest
up to the dam and beyond. While users of the trail encounter non-
natural features like the TAPS pipeline, access road, and the Solomon
Gulch Project penstock, Interior states that since trail users
eventually climb out of the forest and into subalpine and alpine
environments, they eventually leave these features behind. Interior
concludes that the new higher elevation proposed transmission line
would be more intrusive. Aside from where the proposed new line crosses
the Solomon Gulch Trail, Interior states the new line may be visible
from other vantage points on the trail, both above and below the
crossing location, particularly because the new line does not run
through a forest. Interior says there is virtually no way to mitigate
the appearance of the proposed new transmission line.
    In its June 3, 2014, response to Interior, the licensee provides
additional aesthetic and recreational analysis of the proposed new
transmission line route, following the Recreation and Aesthetic
Resources Report that was filed during licensing of the project. The
licensee states that the proposed new transmission line is still
camouflaged by thick vegetation and has a similar visual impact from
the three key Valdez viewpoints that look across the Port of Valdez to
Allison Creek. The licensee points out that the Allison Creek Project
is located adjacent to the largest industrial complex in Alaska, the
Valdez Marine Terminal. In addition, the viewing distance from these
three key viewpoints is so great that the visibility of both the
licensed and proposed new transmission lines would be very low. The
terminus of the proposed new line is the Petro Star refinery which
already impacts the view with its industrial complex. The existing
transmission line for the nearby Solomon Gulch Project is not visible
to the naked eye from these three key viewing sites.
    The fourth viewpoint that was analyzed for the licensed
transmission line is the view from Allison Point Campground. The
Allison Point Campground is the closest recreation area to the project
site, located approximately 0.7 mile away. Because there is a steep
embankment on the south side of the park the entire view of the
licensed and proposed new transmission lines would be blocked.
    The final viewpoint which was analyzed prior to licensing is the
view from the Solomon Gulch Trail and the TAPS right-of-way. The
licensee concludes that the proposed new line would dramatically
improve this viewpoint because the 1 mile stretch of poles that would
have followed the trail via the licensed line is eliminated. The
proposed new line which would only be visible at one section of the
Solomon Gulch Trail where the proposed line would be perpendicular to
the Solomon Gulch transmission line. However, the licensee points out
that in this area, hikers already see the utility line and poles from
Solomon Gulch Project that parallel the penstock. Hikers cross over a
bridge and under the penstock and Solomon Gulch transmission line to
continue to the lake. Since there are already so many manmade
structures in this area, the routing of the proposed new line through
this area should not be considered more intrusive. The proposed new
line would only be visible from Solomon Gulch Lake if a hiker is
standing on the Solomon Gulch Dam looking away from the lake. However
the Solomon Gulch poles and lines are already present there and the
licensed line would be visible from that location also.
    The licensee also states that Interior's comment that hikers
``eventually climb out of the forest and into subalpine and alpine
environments,'' is inaccurate because the trail ends at the lake and
does not extend into higher elevations.

Our Analysis

    We've reviewed Commission staff's original EA issued for this
project and staff's EA issued November 20, 2013 for

the licensee's previous amendment application. We've also reviewed the
Recreation and Aesthetic Resources report that was included in Volume
III of the original license application filed on August 25, 2011,
Interior's comments and the licensee's response to those comments. We
agree with the licensee that the proposed new transmission line would
have similar aesthetic and recreation effects as the licensed line.
From key viewpoints, the proposed new line would be difficult to see,
similar to the licensed line, and routing the line away from a 1 mile
stretch of the Solomon Gulch trail could improve aesthetics. We
disagree with Interior that additional scoping and studies are
warranted for the licensee's proposed changes. We recommend approving
the licensee's proposed new transmission line with existing mitigation
measures already required by the license.

Conclusions

    The environmental effects of construction and operation of the
amended powerhouse and tailrace are not significantly different from
those that were already considered and approved in the project license.
    Based on our review, the proposed transmission line route would not
result in any significant changes in recreation or aesthetics from the
route that was previously studied and licensed. For a majority of its
length the transmission line would not be visible to recreationists and
in the areas where it would be visible the new line would be in
character with the other manmade intrusions surrounding it.
Implementation of environmental measures already required by the
project license would minimize or avoid identified impacts.
    On the basis of our independent analysis, the approval of the
proposed amendment to the Allison Creek Hydroelectric Project would not
constitute a major federal action significantly affecting the quality
of the human environment.

Literature Cited

Copper Valley Electric Association, Inc. 2011. License Application.
August, 2011.
Copper Valley Electric Association, Inc. 2014a. Application to Amend
License. April 11, 2014.
Copper Valley Electric Association, Inc. 2014b. Letter from Robert
Wilkinson, CEO of Copper Valley Electric Association, Inc. Filed
June 3, 2014.
Federal Energy Regulatory Commission, 2013. Final Environmental
Assessment for Hydropower License, Allison Creek Hydroelectric
Project. June 2013.

List of Preparers

Federal Energy Regulatory Commission

Steven Sachs--Project Coordinator (Civil Engineer; B.S., Environmental
Systems Engineering)
Rebecca Martin--Environmental Coordinator (Environmental Biologist;
Master of Science, Environmental Science; B.S., Environmental Science)

[FR Doc. 2014-15088 Filed 6-26-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 46 (Thursday, March 8, 2012)]
[Rules and Regulations]
[Pages 13971-13974]
[FR Doc No: 2012-5329]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0048]
RIN 1625-AA11

Regulated Navigation Area; MBTA Saugus River Railroad Drawbridge
Rehabilitation Project, Saugus River, MA

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule with request for comments.

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SUMMARY: The Coast Guard is establishing a regulated navigation area
(RNA) on the navigable waters of the Saugus River under and surrounding
the Massachusetts Bay Transportation Authority (MBTA) Saugus River
Railroad Drawbridge which crosses the Saugus River between Saugus and
Lynn, Massachusetts. This temporary interim rule is intended to protect
both vessels and construction workers by restricting vessel traffic
during periods when the bridge is being repaired.

DATES: This rule is effective in the CFR from March 8, 2012, until
11:59 p.m. on November 30, 2012, and is effective with actual notice
for purposes of enforcement February 17, 2012. Public comments will be
accepted and reviewed by the Coast Guard through November 30, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0048 using any one of the following methods:
    (1) Federal e-Rulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
    Documents indicated in this preamble as being available in the
docket are part of docket USCG-2012-0048 and are available online by
going to http://www.regulations.gov, inserting USCG-2012-0048 in the
``Keyword'' box, and then clicking ``Search.'' They are 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
temporary rule, call or email Mr. Mark Cutter, Coast Guard Sector
Boston Waterways Management Division, telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>or Lieutenant Junior Grade Isaac Slavitt, Coast
Guard First District Waterways Management Branch, telephone 617-223-
8385, email<EMAIL_ADDRESS>If you have questions on viewing
the docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided.
    As this temporary interim rule will be in effect before the end of
the comment period, the Coast Guard will evaluate and revise this rule
as necessary to address significant public comments.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2012-0048), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via http://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via www.regulations.gov, it will be considered received
by the Coast Guard when you successfully transmit the comment. If you
fax, hand deliver, or mail your comment, it will be considered as
having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an email address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2012-0048'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit comments by mail or hand delivery, submit them in
an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or

envelope. We will consider all comments and material received during
the comment period and may change this rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2012-0048'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.

Privacy Act

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

Public Meeting

    We do not now plan to hold a public meeting within the meaning of
the Administrative Procedure Act (APA), 5 U.S.C. 553. But you may
submit a request for one using one of the four methods specified under
ADDRESSES. Please explain why you believe such a public meeting would
be beneficial. If we determine that one would aid this rulemaking, we
will hold one at a time and place announced by a later notice in the
Federal Register.

Regulatory Information

    The Coast Guard is issuing this interim rule without prior Federal
Register notice pursuant to authority under section 4(a) of the
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule without prior notice when the
agency for good cause finds that those procedures are ``impracticable,
unnecessary, or contrary to the public interest.'' Under 5 U.S.C.
553(b)(B), the Coast Guard finds that good cause exists for not
publishing a notice of proposed rulemaking (NPRM) with respect to this
rule.
    During an in-depth inspection of the railroad bridge structure,
significant deterioration of the granite pier that supports the bascule
bridge was observed. Out of safety concerns, the MBTA has instituted
single track operation, a reduction of speed, and prohibited braking on
the bridge until they can stabilize the pier. The long term goal is to
replace the granite pier, but in the short term they have to add
additional support to the bridge; this is being done by adding a new
temporary support pier.
    The MBTA notified the Coast Guard on January 10, 2012 that it
intended to close the bridge for multiple weekends beginning in late
February, 2012. It would be impracticable to issue an NPRM and take
public comments within that timeframe, and it would be contrary to the
public interest to delay promulgating this rule, as it is necessary to
protect the safety of waterway users operating in the vicinity of the
bridge. The delay of necessary repair operations would result in
increased costs, delay the date when the bridge is expected to reopen
for normal operations, and have a larger impact on the boating public
during the peak of the recreational boating season. Additionally, the
potential dangers posed by the bridge in its current state demand
immediate action. It is impracticable and contrary to the public
interest to delay this regulation, especially in light of the fact that
the Coast Guard may publish an amended rule at any time if necessary to
address public concerns.
    For the same reasons, 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.

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 purpose of this interim rule is to ensure the safe transit of
vessels in the area and to protect all persons, vessels, and the marine
environment during the rehabilitation project of the MBTA Saugus River
Railroad Drawbridge.

Discussion of Rule

    This action is intended to control vessel traffic for the duration
of the MBTA Saugus River Railroad Drawbridge rehabilitation over the
main channel of the Saugus River. The construction work involves large
machinery and construction vessel operations in the navigable waters of
the Saugus River immediately surrounding the MBTA Saugus River Railroad
Drawbridge. The ongoing operations are, by their nature, hazardous and
pose risks both to recreational and commercial traffic as well as the
construction crew. The Coast Guard may close the regulated area
described in this rule to all vessel traffic during any circumstance
that poses an imminent threat to waterway users operating in the area.
The weekend waterway closures will be made with as much advance notice
as possible.
    The Captain of the Port (COTP) Sector Boston will cause notice of
enforcement, suspension of enforcement, or closure of the waterway to
be made by appropriate means to ensure the widest distribution among
the affected segments of the public. Such means of notification may
include, but are not limited to, Broadcast Notice to Mariners, Local
Notice to Mariners, and Marine Safety Information Bulletins.
    Entry into this RNA is prohibited unless authorized by the COTP
Sector Boston. Any violation of this RNA is punishable by civil and
criminal penalties, in rem liability against the offending vessel, and
the initiation of suspension or revocation proceedings against Coast
Guard-issued merchant mariner credentials.

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.

Executive Order 12866 and Executive Order 13563

    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, and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. The Office of Management and Budget has not reviewed it
under that Order.
    We expect the economic impact of this rule to be minimal because
the amount of traffic in this waterway is extremely limited.
Furthermore, the Captain of the Port has the ability to suspend the
provisions of this regulation when necessary.

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'' means
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 will affect the following entities some of which
may be small entities: Local fishermen, the owners or operators of
marinas, businesses (such as waterside restaurants), and vessels who
intend to transit in the Saugus River beneath the MBTA Saugus River
Railroad Drawbridge during the effective period.
    This regulation may have some impact on the public, but the
potential impact will be minimized for the following reasons: The
primary waterway users, of which there are approximately six during
this time of the year, are lobster fishermen. The parties that have the
potential to be affected have been contacted through the Saugus
Harbormaster and have made plans to work around the closure times.
Additionally, we will use appropriate means to inform the public
before, during, and at the conclusion of any RNA enforcement period.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can 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 State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

Unfunded Mandates Reform Act

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

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.

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 which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves the establishment of an
RNA. An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES. Any comments received concerning environmental impacts will
be considered and changes made to the environmental analysis checklist
and

categorical exclusion determination as appropriate.

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. 1226, 1231; 46 U.S.C. Chapter 701, 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.T01-0048 to read as follows:

Sec.  165.T01-0048  Regulated Navigation Area; MBTA Saugus River
Railroad Drawbridge rehabilitation project, Saugus River, MA.

    (a) Location. The following area is a Regulated
    Navigation Area (RNA): All navigable waters, surface to bottom, on
the Saugus River, within a 300 yard radius of position 42[deg]26'50''
N, 70[deg]58'19'' W in the vicinity of the MBTA Saugus River Railroad
Drawbridge between Saugus and Lynn, MA.
    (b) Regulations. (1) The general regulations contained in 33 CFR
165.10, 165.11, and 165.13 apply in addition to those provisions
outlined below.
    (2) In accordance with the general regulations, entry into or
movement within this zone during periods of enforcement is prohibited
unless authorized by Captain of the Port Sector Boston (COTP).
    (3) All persons and vessels must comply with all directions given
to them by the COTP or the 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 or other designated craft, or may be on shore and will
communicate with vessels via VHF-FM radio or loudhailer. Members of the
Coast Guard Auxiliary may be present to inform vessel operators of this
regulation.
    (4) Upon being hailed by a U.S. Coast Guard vessel by siren, radio,
flashing light or other means, the operator of the vessel must proceed
as directed.
    (5) Notwithstanding any other provisions in this regulation, the
movement of official, emergency vessels within the regulated area will
be permitted provided that the contractor is notified in order to
remove potential hazards or obstructions.
    (6) All other relevant regulations, including but not limited to
the Rules of the Road (33 CFR Subchapter E, Inland Navigational Rules),
remain in effect within the regulated area and must be strictly
followed at all times.
    (c) Enforcement period. (1) This regulation is enforceable each
week from Friday at 11 p.m. until Monday at 4 a.m., from February 24,
2012, through November 30, 2012.
    (2) The COTP Sector Boston will cause notice of enforcement to be
made by all appropriate means to achieve the widest distribution among
the affected segments of the public. Such means of notification may
include but are not limited to Broadcast Notice to Mariners, Local
Notice to Mariners, and Marine Safety Information Bulletins. Such
notification will include the dates and times that enforcement will
begin and end.
    (d) Penalties. Failure to comply with this section may result in
civil or criminal penalties pursuant to the Ports and Waterways Safety
Act, 33 U.S.C. 1221 et seq. Report violations of this regulated
navigation area to the COTP Sector Boston, at<PHONE_NUMBER> or on VHF-
Channel 16.

    Dated: February 17, 2012.
D.A. Neptun,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2012-5329 Filed 3-7-12; 8:45 am]
BILLING CODE 9110-04-P


swap dealers and major security-based swap participants.

* * * * *
    (b) * * *
    (1) * * *
    (i) All records required to be made pursuant to Sec. Sec.  240.18a-
5(a)(5), (a)(6), (a)(7), (a)(8), (a)(9), (a)(11), (a)(12), (a)(13),
(a)(14), (a)(15), (a)(16), (a)(17), and (a)(18).
* * * * *
    (2) * * *
    (i) All records required to be made pursuant to Sec.  240.18a-
5(b)(4), (b)(5), (b)(6), (b)(7), (b)(9), (b)(10), (b)(11), (b)(12),
(b)(13), and (b)(14).
* * * * *
    (d) * * *
    (4) The written policies and procedures required pursuant to
Sec. Sec.  240.15Fi-3, 240.15Fi-4, and 240.15Fi-5 until three years
after termination of the use of the policies and procedures.
    (5)(i) Each written agreement with counterparties on the terms of
portfolio reconciliation with those counterparties as required to be
created under Sec.  240.15Fi-3(a)(1) and (b)(1) until three years after
the termination of the agreement and all transactions governed thereby.
    (ii) Security-based swap trading relationship documentation with
counterparties required to be created under Sec.  240.15Fi-5 until
three years after the termination of such documentation and all
transactions governed thereby.
    (iii) A record of the results of each audit required to be
performed pursuant to Sec.  240.15Fi-5(c) until three years after the
conclusion of the audit.
* * * * *

    By the Commission.

    Dated: December 19, 2018.
Brent J. Fields,
 Secretary.
[FR Doc. 2018-27979 Filed 2-14-19; 8:45 am]
 BILLING CODE 8011-01-P