[Federal Register: August 25, 2009 (Volume 74, Number 163)]
[Notices]
[Page 42894]
[DOCID:fr25au09-66]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP09-879-000]

SourceGas Distribution LLC and SourceGas Energy Services Company,
Complainants, v. Kinder Morgan Interstate Gas Transmission LLC,
Respondent; Notice of Complaint

August 18, 2009.
    Take notice that on August 7, 2009, SourceGas Distribution LLC and
SourceGas Energy Services Company (complainants) filed a formal
complaint against Kinder Morgan Interstate Gas Transmission LLC
(KMIGT), pursuant to sections 4 and 5 of the Natural Gas Act, 15 USC
717c(b) and 717d(a) (2000) and pursuant to 18 CFR 385.206 and 395.212
(2009). The complainants are alleging that KIMIGT's adjustment
practices being applied in connection with resolving longstanding
volumetric processing issues relating to complainants are unjust,
unreasonable and/or unduly discriminatory, or otherwise inconsistent
with the tariffs, regulations and statutes administered by the
Commission.
    The complainants state that copies of the complaint were served on
the contact for KIMIGT as listed on the Commission's Corporate
Officials List, affected regulatory agencies, and others whom the
complainants determined reasonably may be expected to be affected by
the complaint.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainants.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on August 27, 2009.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-20365 Filed 8-24-09; 8:45 am]

BILLING CODE 6717-01-P


MEMORANDUM

SUBJECT:	Technical Support Document (TSD) for Revisions to the Missouri Title V Operating Permits Program and State Implementation Plan (SIP)

FROM:	Jason Heitman
		ARD/AQPB/AtPS

TO:		MO-451; EPA-R07-OAR-2021-0416

THRU:	Andy Hawkins, Branch Chief
      ARD/AQPB

    Summary

The Environmental Protection Agency (EPA) is proposing approval of a State Implementation Plan (SIP) and Operating Permits Program revision submitted by the State of Missouri

The Missouri Department of Natural Resources (MoDNR) submitted revisions to EPA Region 7 on May 25, 2021.

The submission from Missouri revises the Missouri State Implementation Plan (SIP) and Title V Program by amending 10 Code of State Regulations (C.S.R.) 10-6.110 "Reporting Emission Data, Emission Fees, and Process Information".

    Rule Revisions

Below is EPA's description of the changes made to each rule section.

Note: Revisions (additions) to the existing rule are underlined. Deletions to the existing rule are crossed-out. Text following bold section numbers is a summary of the changes, immediately following are the actual rule text with changes.

Revisions to the Missouri Code of State Regulations are as follows:

10 C.S.R. 10-6.110 "Reporting Emission Data, Emission Fees, and Process Information"

 Within these revisions, Missouri is:
 increasing the emissions fee for permitted sources in section (3)(A) from the current rate of $48.00 per ton of air pollution emitted annually to $53.00 in calendar year 2021 and $55.00 per ton of air pollution emitted annually for emissions in calendar year 2022 and beyond; and
 updating emission reporting years in Table 4 of section (4)(B).
(3) General Provisions.
      (A) Emission Fees.
      1. Any installation subject to this rule, except sources that produce charcoal from wood, shall pay an annual emission fee per ton of applicable pollutant emissions identified in Table 2 of this rule for based on previous calendar year emissions and in accordance with
      paragraphs (3)(A)2. through (3)(A)7. of this rule. The emission fee shall be forty-eight dollars and no cents ($48.00) per tonfifty-three dollars and no cents ($53.00) per ton emitted in calendar year 2021, and fifty-five dollars and no cents ($55.00) per ton
      emitted in calendar year 2022 and forward.
...
(4) Reporting and Record Keeping. All data collected and recorded in accordance with the provisions of this rule shall be retained by the owner or operator for not less than five (5) years after the end of the calendar year in which the data was collected and all these records shall be made available upon the director's request.
...
      (B) Types and Frequency of Reporting. The requirements in this subsection are summarized in Table 4 of this rule.
...
             Table 4. Summary of Types and Frequency of Reporting

                                 Emission Year
                          Installation classification
                                     2011
                                     2020
                                     2012
                                     2021
                                     2013
                                     2022
                                     2014
                                     2023
                                     2015
                                     2024
                                     2016
                                     2025
                                     2017
                                     2026
                                 Years Beyond
                                   20172026*
                                    Part 70
                             Full Emissions Report
                             Full Emissions Report
                             Full Emissions Report
                             Full Emissions Report
                             Full Emissions Report
                             Full Emissions Report
                             Full Emissions Report
                                       *
                                 Intermediate
                             Full Emissions Report
                            Reduced Reporting Form
                                   (subpara-
                               graph (4)(B)2.B.)
                            Reduced Reporting Form
                                   (subpara-
                               graph (4)(B)2.B.)
                             Full Emissions Report
                            Reduced Reporting Form
                                   (subpara-
                               graph (4)(B)2.B.)
                            Reduced Reporting Form
                                   (subpara-
                               graph (4)(B)2.B.)
                             Full Emissions Report
                                       *
                                 Small Source
                            Reduced Reporting Form
                                   (subpara-
                               graph (4)(B)2.C.)
                            Reduced Reporting Form
                                   (subpara-
                               graph (4)(B)2.C.)
                            Reduced Reporting Form
                                   (subpara-
                               graph (4)(B)2.C.)
                            Reduced Reporting Form
                                   (subpara-
                               graph (4)(B)2.C.)
                            Reduced Reporting Form
                                   (subpara-
                               graph (4)(B)2.C.)
                            Reduced Reporting Form
                                   (subpara-
                               graph (4)(B)2.C.)
                            Reduced Reporting Form
                                   (subpara-
                               graph (4)(B)2.C.)
                                       *
*Reporting requirements for years beyond 20172026 are repeated in three (3)-year cycles.
(e.g. requirements for years 20182027, 20192028, and 20202029 are the same as years 20122021, 20132022, and 20142023 respectively)

    Conclusions and Recommended Action

The EPA's review of the material submitted indicates that the state has amended the air quality rules in accordance with the requirements of the Clean Air Act. Missouri has determined that fee adjustments are needed to offset the effect of declining revenues and to maintain the solvency of the Missouri Air Pollution Control Program. EPA proposes to approve the requested revisions to the Missouri SIP and Operating Permits Program.

                             Record of Rulemaking
                   Missouri Department of Natural Resources
Notice of Intended Action
August 17, 2020
Public Hearings
September 24, 2020
Effective date of regulations
March 30, 2021
Rule package received by EPA
May 25, 2021


SUPPORTING STATEMENT FOR

INFORMATION COLLECTION REQUEST NUMBER 1189.21

“F019 LISTING AMENDMENT - FINAL RULE”

DRAFT

February 2008

Table of Contents

 TOC \f

1.	IDENTIFICATION OF THE INFORMATION COLLECTION	1

1(a)	Title and Number of the Information Collection	1

1(b)	Short Characterization	1

2.	NEED FOR AND USE OF THE COLLECTION	2

2(a)	Need and Authority for the Collection	2

2(b)	Practical Utility and Users of the Data	2

3.	NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA 2

3(a)	Nonduplication	2

3(b)	Public Notice	3

3(c)	Consultations	3

3(d)	Effects of Less Frequent Collection	3

3(e)	General Guidelines	3

3(f)	Confidentiality	4

3(g)	Sensitive Questions	4

4.	THE RESPONDENTS AND THE INFORMATION REQUESTED	4

4(a)	Respondents and SIC/NAICS Codes	4

4(b)	Information Requested	4

5.	THE INFORMATION COLLECTED(AGENCY ACTIVITIES, COLLECTION METHODOLOGY,
AND INFORMATION MANAGEMENT	5

5(a)	Agency Activities	5

5(b)	Small Entity Flexibility	5

6.	ESTIMATING THE HOUR AND COST BURDEN OF THE COLLECTION	5

6(a)	Estimating Respondent Burden	5

6(b)	Estimating Respondent Costs	5

6(c)	Estimating Agency Burden and Costs	6

6(d)	Estimating the Respondent Universe and Total Burden and Costs	6

6(e)	Bottom Line Burden Hours and Costs	9

6(f)	Reasons for Change in Burden	9

6(g)	Burden Statement	9

	EXHIBITS

Estimated Annual Respondent (Facility) Burden and Cost (Exhibit
1).........................................11

Estimated Annual Respondent (Facility) Burden for Existing ICRs

(Including Net Impact from F019 Listing amendment
ICR).........................................................12

1.	IDENTIFICATION OF THE INFORMATION COLLECTION tc \l1 "1.
IDENTIFICATION OF THE INFORMATION COLLECTION

1(a)	Title and Number of the Information Collection tc \l2 "1(a)	Title
and Number of the Information Collection

This Information Collection Request (ICR) is entitled “F019 Listing
Amendment - Final Rule,” EPA ICR Number 1189.21.

1(b)	Short Characterization tc \l2 "1(b)	Short Characterization

Under Section 3001 of the Resource Conservation and Recovery Act (RCRA),
as amended, EPA is authorized to develop and promulgate regulations
identifying the characteristics of hazardous waste and listing
particular hazardous wastes which should be subject to EPA’s hazardous
waste regulatory system.  Under this authority, EPA promulgated
regulations at 40 CFR Part 261 that identify hazardous characteristics
(Subpart C) and list hazardous wastes (Subpart D).

EPA is amending the list of hazardous wastes from non-specific sources
under 40 CFR 261.31 by modifying the scope of EPA Hazardous Waste No.
F019, which currently reads: “Wastewater treatment sludges from the
chemical conversion coating of aluminum except from zirconium
phosphating in aluminum can washing when such phosphating is an
exclusive conversion coating process.”  EPA is amending the F019
listing to exclude wastewater treatment sludges generated from zinc
phosphating, when zinc phosphating is used in the motor vehicle
manufacturing process, provided that the wastes are not placed outside
on the land prior to shipment to a landfill for disposal, and the wastes
are disposed in landfill units that are subject to or meet the landfill
design criteria specified.  Under the amendment, the generators of such
wastes may exclude these wastes from the F019 listing provided they meet
the conditions for the exclusion.  In addition, EPA is requiring the
generators to keep records showing that their wastes were disposed in a
landfill that meets the specified design requirements.

The motor vehicle manufacturing industry incorporates aluminum into
vehicle parts and bodies for the purpose of making them lighter-weight
and thus more capable of increasing gas mileage.  However, when aluminum
is incorporated into the body of an automobile, the conversion coating
step in the manufacturing process results in the generation of a
RCRA-listed hazardous waste F019 in the form of a wastewater treatment
sludge from the conversion process, while the wastewaters from the
conversion coating of steel in the same industry, does not generate a
listed hazardous waste.  By removing the regulatory controls under RCRA,
EPA is facilitating the use of aluminum in motor vehicles.  EPA believes
that the incorporation of aluminum will be advantageous to the
environment since lighter-weight vehicles are capable of achieving
increased fuel economy and associated decreased exhaust air emissions.

In Sections 1 through 5 of this ICR, EPA presents a comprehensive
description of the information collection requirements in the final
rule.  In Section 6, EPA estimates the total

annual incremental hour and cost burden to respondents and the Agency
under these requirements.

In the following paragraph, EPA briefly describes the information
collection requirement covered in this ICR.

Records of Shipments for Generators

Under 40 CFR 261.31(b)(4)(iii), the generator of wastewater treatment
sludges from the manufacturing of motor vehicles using a zinc
phosphating process must maintain on site for a minimum of three years
documentation and information sufficient to prove that the wastewater
treatment sludges to be exempted from the F019 listing meet the
conditions of the listing (i.e., ensure that shipments of such waste are
placed in landfill units that are subject to certain liner design
criteria).

2.	NEED FOR AND USE OF THE COLLECTION tc \l1 "2.	NEED FOR AND USE OF THE
COLLECTION

	2(a)	Need and Authority for the Collection tc \l2 "	2(a)	Need and
Authority for the Collection

EPA is requiring the information collection pursuant to RCRA Section
2002, which authorizes the EPA to prescribe regulations, including
information collection requirements, as are necessary to carry out the
requirements under the RCRA statute. The final rule requires generators
to maintain on site for a minimum of three years documentation
demonstrating that each shipment of waste was received by a landfill
unit that is subject to or meets the landfill design criteria set out in
the listing description.  This recordkeeping requirement is needed in
order for the generator to demonstrate to the regulatory agencies that
each shipment of its waste was sent to an appropriate landfill.

2(b)	Practical Utility and Users of the Data tc \l2 "2(b)	Practical
Utility and Users of the Data

The recordkeeping requirement will enable regulatory agencies to track
shipments of excluded wastes for compliance and enforcement purposes.
It is consistent with normal business recordkeeping practices, and is
not expected to impose any additional paperwork burden on generators.

3.	NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA tc \l1
"3.	NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

3(a)	Nonduplication tc \l2 "3(a)	Nonduplication

None of the information required by the final rule would duplicate
information required by existing RCRA regulations.

3(b)	Public Notice tc \l2 "3(b)	Public Notice

In compliance with the Paperwork Reduction Act of 1995, EPA issued a
public notice at 72 FR 2219, January 18, 2007.  The public comment
period extended through March 19, 2007.

3(c)	Consultations tc \l2 "3(c)	Consultations

On April 22, 2004, EPA through a posting on EPA’s website, indicated
that the Agency was in the process of considering a possible amendment
to the F019 hazardous waste listing under RCRA.  This possible amendment
would exclude waste water treatment sludges from the zinc phosphating
processes at automotive assembly plants in the motor vehicle
manufacturing industry when concentrations of constituents of concern in
those wastes fell below risk-based exemption levels.  On the F019
webpage, EPA provided waste sampling data and the methodology that the
Agency would use in considering the revision of the F019 listing using a
concentration-based approach.   Interested parties were invited to
review and comment on the information collected to support the possible
amendment that EPA was considering.  The comment period for the web
posting closed on June 1, 2005.  Twelve comments were received.   All
commenters supported a revision to the F019 listing, although some
expressed concerns regarding testing conditions for potential chemicals
of concern in the waste and how the concentration-based exemption would
be structured.

3(d)	Effects of Less Frequent Collection tc \l2 "3(d)	Effects of Less
Frequent Collection

EPA has carefully considered the burden imposed upon the regulated
community by the final rule.  EPA is confident that those activities
required of respondents are necessary, and to the extent possible, the
Agency has attempted to minimize the burden imposed.  EPA believes
strongly that, if the minimum information collection requirements of the
final rule are not met, neither the industry nor EPA will be able to
ensure compliance with the requirements for demonstrating that the
wastes are nonhazardous.

3(e)	General Guidelines tc \l2 "3(e)	General Guidelines

This ICR adheres to the guidelines stated in the Paperwork Reduction Act
of 1995, OMB’s implementing regulations, EPA’s ICR Handbook, and
other applicable OMB guidance.

3(f)	Confidentiality tc \l2 "3(f)	Confidentiality

Section 3007(b) of RCRA; 40 CFR Part 2, Subpart B; and 40 CFR 260.2
contain provisions for confidentiality.  If a business asserts a claim
of confidentiality covering any of the information collection
requirements covered in this ICR , EPA must and will treat the
information in accordance with the regulations cited above.  EPA also
will assure that this information collection complies with the Privacy
Act of 1974 and OMB Circular 108.

3(g)	Sensitive Questions tc \l2 "3(g)	Sensitive Questions

No questions of a sensitive nature are included in the information
collection requirements associated with the final rule.

4.	THE RESPONDENTS AND THE INFORMATION REQUESTED tc \l1 "4.	THE
RESPONDENTS AND THE INFORMATION REQUESTED

4(a)	Respondents and SIC/NAICS Codes tc \l2 "4(a)	Respondents and
SIC/NAICS Codes

The following is a list of North American Industrial Classification
System (NAICS) codes associated with the facilities most likely to be
affected by the information collection requirements covered in this ICR.

NAICS Code			Industrial Sector

336111			Automobile Manufacturing

336112			Light Trucks & Utility Vehicle Manufacturing

4(b)	Information Requested

Under final 40 CFR 261.31(b)(4)(iii), generators must maintain on site
for a minimum of three years documentation and information sufficient to
prove that the wastewater treatment sludges to be exempted from the F019
listing meet the condition of the listing.  The shipping records would
at a minimum contain the following information:

●          Name and address of the generating facility;

●          Brief description of the industrial process that generated
the wastes;

●          Volume of waste generated and disposed of off site;

●          Date when waste volumes were generated and sent off site;

●        	Name and address of the receiving facility; and

●	Documentation confirming receipt of the waste by the receiving
facility.

5.	THE INFORMATION COLLECTED -- AGENCY ACTIVITIES, COLLECTION
METHODOLOGY, AND INFORMATION MANAGEMENT

5(a)	Agency Activities

The Agency is not requiring waste generators to submit any information
for its review and approval under the final rule.  As specified earlier,
the Agency is instead requiring that the waste generators maintain on
site for a minimum of three years documentation and information
sufficient to prove that the wastewater treatment sludges to be exempted
from the F019 listing meet the conditions of the listing.  Therefore,
the Agency activities associated with the final rule relate to ensuring
compliance with the recordkeeping requirements.

5(b)	Small Entity Flexibility

The conditional exclusion is intended to be de-regulatory, and would
relieve both small and large waste generators from the RCRA hazardous
waste program requirements, as specified. In addition, EPA has kept the
paperwork requirements under the conditional exclusion as streamlined
and as consistent with standard industry practices as possible, to
thereby minimize the burden on both large and small entities.

 tc \l1 "5.	THE INFORMATION COLLECTED -- AGENCY ACTIVITIES, COLLECTION
METHODOLOGY, AND INFORMATION MANAGEMENT5(a)	Agency ActivitiesThe Agency
is not requiring waste generators to submit any information for its
review and approval under the proposed rule.  As specified earlier, the
Agency is instead proposing that the waste generators maintain on site
for a minimum of three years documentation and information sufficient to
prove that the wastewater treatment sludges to be exempted from the F019
listing meet the condition of the listing.  Therefore, the Agency
activities associated with the proposed rule relate to ensuring
compliance with the recordkeeping requirements.	5(b)	Small Entity
FlexibilityThe conditional exclusion is intended to be de-regulatory,
and would relieve both small and large waste generators from the RCRA
hazardous waste program requirements, as specified.  In addition, EPA
has kept the paperwork requirements under the conditional exclusion as
streamlined and as consistent with standard industry practices as
possible, to thereby minimize the burden on both large and small
entities.

6.	ESTIMATING THE HOUR AND COST BURDEN OF THE COLLECTION tc \l1 "6.
ESTIMATING THE HOUR AND COST BURDEN OF THE COLLECTION

6(a)	Estimating Respondent Burden

In Exhibit 1, EPA estimates the respondent burden associated with the
new paperwork requirements in the final rule.  As shown in the exhibit,
EPA estimates that the total annual respondent burden for the new
paperwork requirements in the rule is approximately 35 hours per year.

6(b)	Estimating Respondent Costs

EPA estimates that the total annual respondent cost for the new
paperwork requirements in the rule is approximately $2,600.  This cost
includes annual labor, capital, and operation and maintenance (O&M)
costs to be incurred by respondents affected by the information
collection requirements covered in this ICR.  Specific data and/or
assumptions used in developing these costs are described below.

Labor Costs

For purposes of this analysis, EPA estimates an average hourly
respondent labor cost of $114 for legal staff, $89 for managerial staff,
$59 for technical staff, and $31 for clerical staff.  These estimates
include overhead and fringe costs and are based on the 2004 labor wage
rate data used in the “Supporting Statement for Information Collection
Request Nr. 801.15: Requirements for Generators, Transporters, & Waste
Management Facilities Under the RCRA Hazardous Waste Manifest System.”

Annual Capital and Operation & Maintenance Costs

Capital costs usually include any produced physical good needed to
provide the needed information, such as machinery, computers, and other
equipment.  EPA does not anticipate that respondents will incur capital
costs in carrying out the information collection requirements of the
final rule.

O&M costs are those costs associated with paperwork requirements
incurred continually over the life of the ICR.  They are defined by the
EPA as “the recurring dollar amount of costs associated with O&M or
purchasing services.” EPA does not anticipate that respondents will
incur O&M costs in carrying out the information collection requirements
of the final rule.

6(c)	Estimating Agency Burden and Costs

The annual burden and costs to the Agency for collecting information
under the rule would be negligible.  This is because the Agency is not
requiring waste generators to submit any information for its review and
approval under the final rule.

6(d)	Estimating the Respondent Universe and Total Burden and Costs

	In Exhibit 1, EPA provides estimates of the annual number of
respondents that will be required to comply with the new paperwork
requirements in the final rule.  In the same exhibit, EPA estimates
respondent burden and costs associated with these requirements.  Table 1
presents the number of respondents that are expected to participate
under the rule.  In 2003, EPA estimated that there are 68 major
automobile and light truck facilities that are generating or have the
potential to generate wastewater treatment sludges using the zinc
phosphating process.  As of 2007, the universe of 68 facilities includes
19 facilities that are delisted for F019, 7 facilities that have not

been delisted for F019, and 42 facilities which could also choose to
conversion coat aluminum in the future.

Table 1

	Number of Motor Vehicle Manufacturers Potentially

	Affected by the Final F019 Listing Amendment

Type of manufacturer

Number of Facilities

Number of Facilities

Potentially Affected (F019 Generators not  Delisted)*

Automobiles

	26

	4

Light Trucks & Utility Vehicles

	42

	3

Total Number of Facilities

	68

	7

       * The remaining facilities are either delisted or do not generate
a F019 hazardous waste.

	Respondent Burden and Cost

In the following paragraphs, EPA discusses the universe assumptions of
Table 1 in regard to the paperwork requirements in the final rule.

Reading the Regulations

As shown in Exhibit 1, EPA estimates that all 68 F019 sludge generators
and potential generators will read the rule amending the F019 listing to
exclude wastewater treatment sludges from zinc phosphating each year.
EPA estimates the incremental labor hour burden for reading the
regulation to average 30 minutes per respondent.

Record of Shipments for Generators

Under 40 CFR 261.31(b)(4)(iii), generators must maintain on site for a
minimum of three years documentation and information sufficient to prove
that the wastewater treatment sludges to be exempted from the F019
listing meet the conditions of the listing.  EPA expects that the
generators would incur negligible burden for this activity since they
would most likely keep such records as a standard business practice
(e.g., invoices or shipping papers).

	Total Respondent Burden and Cost

In Exhibit 2, EPA presents a summary of the total annual respondent
burden and costs associated with both new and existing paperwork
requirements.  The specific information collection activities of the new
paperwork requirements are described throughout this ICR, and the total
annual burden and cost estimates associated with them are calculated in
Exhibit 1, summarized in Exhibit 2, and briefly described below.  The
existing paperwork requirements are those that are contained in the
current RCRA regulations and that apply to generators of F019 sludge
using the zinc phosphating process.  These existing requirements, the
existing ICRs with which they are associated, and the total annual
burden and cost associated with them also are summarized in Exhibit 2
and briefly described below.

New Paperwork Requirements

Using the per respondent burden estimated in Section 6(a), the per
respondent costs estimated in Section 6(b), and the respondent universe
estimated in this section, Exhibit 1 illustrates the total respondent
burden and costs associated with all of the new information collection
activities in the final rule.  As noted above, this exhibit presents the
annual burden and costs over the three-year effective life of the ICR.
The exhibit calculates the burden and cost of one-time activities by
dividing the total number of respondents by three.  In Exhibit 2, EPA
summarizes the total annual respondent burden and cost of these new
paperwork requirements derived in Exhibit 1.

Existing Paperwork Requirements

In addition to the new paperwork requirements in the final rule, EPA
also estimated the burden and cost savings that generators and
manufacturers would expect for no longer following the existing RCRA
information collection requirements for the excluded materials.  In
Exhibit 2, EPA presents the total annual respondent burden and cost
savings under the existing paperwork requirements, broken out by the two
existing EPA ICRs that are affected by the rule.  In developing Exhibit
2, EPA reviewed each of the affected ICRs to identify the existing
information collection activities that are currently undertaken by
generators and manufacturers, calculated the associated burden and costs
(or savings), and presented the totals in the exhibit.

The total costs in Exhibit 2 are broken down into labor and operation
and maintenance (O&M) costs.  In Section 6(b), EPA presents a discussion
of the capital and O&M costs associated with new paperwork requirements
from the rule.  In the following paragraph, EPA presents a brief
discussion of the O&M costs associated with each of the existing ICRs
that are affected by the rule.

For the Biennial Report ICR (ICR No. 976), O&M costs are associated with
maintaining copies of Waste Generation and Management (GM) and Waste
Received from Off-Site (WR) forms.  For the Manifest ICR (ICR No. 801),
the O&M costs are associated with postage for sending and returning
copies of the manifest form.

6(e)	Bottom Line Burden Hours and Costs

Respondent Tally

In Exhibit 2, EPA presents the total annual respondent burden and cost
for both new and existing paperwork requirements associated with the
rule.  As described specifically in Section 6(d) above, these new and
existing paperwork requirements apply to generators of F019 sludge using
the zinc phosphating process.  As shown in Exhibit 2, the total annual
respondent burden for these new paperwork requirements is approximately
35 hours, at an annual cost of approximately $2,600.  As also shown in
Exhibit 2, the total annual respondent burden savings under the existing
paperwork requirements, which are associated with two existing EPA ICRs,
is approximately 480 hours, at annual cost savings of approximately
$35,000.  In the same Exhibit 2, EPA then combines the burden and cost
impacts under both new and existing paperwork requirements and estimates
the total annual respondent burden savings for all information
collection activities at approximately 440 hours and an annual cost
savings of approximately $32,400.

The bottom line respondent burden hours saved over the three-year period
covered by this ICR is approximately 1,320 hours, at a total cost
savings of $97,200.

6(f)	Reasons for Change in Burden

In finalizing the conditional exclusion for the F019 listing at 40 CFR
261.31, EPA will relieve generators of F019 sludge using the zinc
phosphating process from existing RCRA Subtitle C regulations for that
waste.  These generators will only need to comply with the landfill
disposal conditions contained in the F019 listing description in order
to manage these wastes.

6(g)	Burden Statement

The annual public reporting and recordkeeping burden for this
collection of information is estimated to average 0.6 hours per
response.  However, in addition to the new paperwork requirements in the
rule, the Agency also estimated the annual respondent burden savings
that generators could expect as a result of no longer having to follow
information collection requirements under two existing EPA ICRs
(Biennial Report ICR and Manifest ICR).  Taking both the new and
existing RCRA information collection requirements into account, EPA
expects the rule would result in a net reduction in annual reporting and
recordkeeping burden of 63 hours per response.  Burden means the total
time, effort, or financial resources expended by persons to generate,
maintain, retain, or disclose or provide information to or for a Federal
agency.  This includes the time needed to review instructions; develop,
acquire, install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust existing systems to comply with any previously applicable
instructions and requirements; train personnel to be able to respond to
a collection of information; search data sources; complete and review
the collection of information; and transmit or otherwise disclose the
information.  An Agency may not conduct or sponsor, and a person is not
required to respond to a collection of information unless it displays a
currently valid OMB control number.  The OMB control numbers for EPA's
regulations are listed in 40 CFR Part 9 and 48 CFR chapter 15.

To comment on the Agency’s need for this information, the accuracy of
the provided burden estimates, and any suggested methods for minimizing
respondent burden, including the use of automated collection techniques,
EPA has established a public docket for this ICR under Docket ID No.
EPA-HQ-RCRA-2004-0019, which is available for online viewing at
www.regulations.gov, or in person viewing at the OSWER Docket in the EPA
Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue,
NW, Washington, D.C.  The EPA Docket Center Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays.  The telephone number for the Reading Room is<PHONE_NUMBER>,
and the telephone number for the OSWER Docket is<PHONE_NUMBER>.  An
electronic version of the public docket is available at
www.regulations.gov.  This site can be used to submit or view public
comments, access the index listing of the contents of the public docket,
and to access those documents in the public docket that are available
electronically.  When in the system, select “search,” then key in
the Docket ID Number identified above.  Also, you can send comments to
the Office of Information and Regulatory Affairs, Office of Management
and Budget, 725 17th Street, NW, Washington, DC  20503, Attention: Desk
Officer for EPA.  Please include the EPA Docket ID Number
EPA-HQ-RCRA-2004-0019 and OMB Control Number 2050-0053 in any
correspondence.

	Exhibit 1 - Estimated Annual Respondent (Facility) Burden and Cost

                                                           Hours and
Costs per Respondent (per Facility)
                                             Total Hours and Costs

INFORMATION ACTIVITY

Leg.

$114/Hr

Mgr.

$89/Hr

Tech.

$59/Hr

Cler.

$31/Hr

Respon. Hours/Yr

Labor Cost/Yr

Capital/

Startup Cost

O & M

Cost

Number of Respondents

(Facilities)

Total Hours/Yr

Total Cost/Yr

Understanding the F019 Listing Amendment

Read the rule

0.10

0.10

0.30

0.00

0.50

$38.00

$0.00

$0.00

68

34

$2,584.00

Facilities Claiming Conditional Exclusion from the F019 Listing

Keep Records of

Shipments

0

0

0

0.1

0.1

$3.10

$0.00

$0.00

7

0.7

$21.70

Total

0.10

0.10

0.30

0.1

0.60

$41.10

$0.00

$0.00

Varies

34.7

$2,605.70

Agency Data Sources:

Wage Rate Data:		“Regulatory Impact Analysis – USEPA’s Final Rule
Amendment to RCRA Hazardous Wastecode F019 to Exclude Motor Vehicle
Manufacturing Industries.”

“Supporting Statement for Information Collection Request Nr. 801.15:
Requirements for Generators, Transporters, & Waste Management Facilities
Under the RCRA Hazardous Waste Manifest System.”

Labor Hours:		“Supporting Statement for EPA Information Collection
Request 1189.17: Revision of RCRA Wastewater Treatment Exclusions for
Hazardous Waste Mixtures.”

“Supporting Statement for Information Collection Request Number
1189.11: Zinc Fertilizers Made from Recycled Hazardous Secondary
Materials.”

	Exhibit 2 - Estimated Annual Respondent (Facility) Burden for Existing
ICRS (Including Net Impact from F019 Listing Amendment ICR)

ICR Name

ICR Number

Respondents

(Facilities)

Total Labor Hours

Total Labor Cost

Total O&M Cost

Total Annual Cost

Biennial Report ICR

976

7

# Facilities x Hours/Yr per Facility

7 x (0.3) = -2.1

-$154.00

# Facilities x O&M Cost/Yr per Facility

7 x ($0.02) = -$0.14

     -$154.14

Manifest ICR

801

7

# Facilities x Hours/Yr per Facility

7 x (68) = -476

-$34,808.00

# Facilities x O&M Cost/Yr per Facility

7 x ($0.06) = -$0.42

-$34,808.42

	Subtotal Other ICRs

-478.1

-$34,962.00

-$0.56

-$34,962.56

F019 Listing Amendment ICR

1189.18

Varies

 34.7

   $2,605.70

 $0.00

   $2,605.70

	                                 Net Impact (F019 ICR + Other ICRs) =

-443.4

-$32,356.30

-$0.56

-$32,356.86

 tc \l2 "6(a)	Estimating Respondent BurdenIn Exhibit 1, EPA estimates
the respondent burden associated with the new paperwork requirements in
the proposed rule.  As shown in the exhibit, EPA estimates that the
total annual respondent burden for the new paperwork requirements in the
rule is approximately 35 hours per year.6(b)	Estimating Respondent
CostsEPA estimates that the total annual respondent cost for the new
paperwork requirements in the rule is approximately $2,600.  This cost
includes annual labor, capital, and operation and maintenance (O&M)
costs to be incurred by respondents affected by the information
collection requirements covered in this ICR.  Specific data and/or
assumptions used in developing these costs are described below.Labor
Costs For purposes of this analysis, EPA estimates an average hourly
respondent labor cost of $114 for legal staff, $89 for managerial staff,
$59 for technical staff, and $31 for clerical staff.  These estimates
include overhead and fringe costs and are based on the 2004 labor wage
rate data used in the Supporting Statement for Information Collection
Request Nr. 801.15: Requirements for Generators, Transporters, & Waste
Management Facilities Under the RCRA Hazardous Waste Manifest
System.Annual Capital and Operation & Maintenance CostsCapital costs
usually include any produced physical good needed to provide the needed
information, such as machinery, computers, and other equipment.  EPA
does not anticipate that respondents will incur capital costs in
carrying out the information collection requirements of the proposed
rule.O&M costs are those costs associated with paperwork requirements
incurred continually over the life of the ICR.  They are defined by the
EPA as the recurring dollar amount of costs associated with O&M or
purchasing services. EPA does not anticipate that respondents will incur
O&M costs in carrying out the information collection requirements of the
proposed rule.6(c)	Estimating Agency Burden and CostsThe annual burden
and costs to the Agency for collecting information under the rule would
be negligible.  This is because the Agency is not requiring waste
generators to submit any information for its review and approval under
the proposed rule.6(d)	Estimating the Respondent Universe and Total
Burden and CostRespondent UniverseIn Exhibit 1, EPA provides estimates
of the annual number of respondents that will be required to comply with
the new paperwork requirements in the proposed rule.  In the same
exhibit, EPA estimates respondent burden and costs associated with these
requirements.  Table 1 presents the number of respondents that are
expected to participate under the rule.  As of year-end 2005, EPA
estimated that there are 68 facilities that are generating or have the
potential to generate wastewater treatment sludges using the zinc
phosphating process.  The universe of 68 facilities includes 15
facilities that are delisted for F019, 14 facilities that have not been
delisted for F019, and 39 facilities which could also choose to
conversion coat aluminum in the future.Table 1	Number of Motor Vehicle
Manufacturers Potentially 	Affected by the Proposed F019 Listing
AmendmentType of manufacturerNumber of FacilitiesNumber of
FacilitiesPotentially Affected (F019 Generators not
Delisted)*Automobiles 	26	6Light Trucks & Utility Vehicles	42	8Total
Number of Facilities	68	14       * The remaining facilities are either
delisted or do not generate a F019 hazardous waste.	Respondent Burden
and CostIn the following paragraphs, EPA discusses the universe
assumptions of Table 1 in regard to the paperwork requirements in the
proposed rule.  Reading the RegulationsAs shown in Exhibit 1, EPA
estimates that 68 F019 sludge generators and potential generators will
read the rule amending the F019 listing to exclude wastewater treatment
sludges from zinc phosphating each year.  EPA estimates the incremental
labor hour burden for reading the regulation to average 30 minutes per
respondent. Record of Shipments for Generators	Under 40 CFR
261.31(b)(4)(iii), generators must maintain on site for a minimum of
three years documentation and information sufficient to prove that the
wastewater treatment sludges to be exempted from the F019 listing meet
the condition of the listing.  EPA expects that the generators would
incur negligible burden for this activity since they would most likely
keep such records as a standard business practice (e.g., invoices or
shipping papers).Total Respondent Burden and CostIn Exhibit 2, EPA
presents a summary of the total annual respondent burden and costs
associated with both new and existing paperwork requirements.  The
specific information collection activities of the new paperwork
requirements are described throughout this ICR, and the total annual
burden and cost estimates associated with them are calculated in Exhibit
1, summarized in Exhibit 2, and briefly described below.  The existing
paperwork requirements are those that are contained in the current RCRA
regulations and that apply to generators of F019 sludge using the zinc
phosphating process.  These existing requirements, the existing ICRs
with which they are associated, and the total annual burden and cost
associated with them also are summarized in Exhibit 2 and briefly
described below.New Paperwork RequirementsUsing the per respondent
burden estimated in Section 6(a), the per respondent costs estimated in
Section 6(b), and the respondent universe estimated in this section,
Exhibit 1 illustrates the total respondent burden and costs associated
with all of the new information collection activities in the proposed
rule.  As noted above, this exhibit presents the annual burden and costs
over the three-year effective life of the ICR.  The exhibit calculates
the burden and cost of one-time activities by dividing the total number
of respondents by three.  In Exhibit 2, EPA summarizes the total annual
respondent burden and cost of these new paperwork requirements derived
in Exhibit 1.Existing Paperwork RequirementsIn addition to the new
paperwork requirements in the proposed rule, EPA also estimated the
burden and cost savings that generators and manufacturers would expect
for no longer following the existing RCRA information collection
requirements for the excluded materials.  In Exhibit 2, EPA presents the
total annual respondent burden and cost savings under the existing
paperwork requirements, broken out by the two existing EPA ICRs that are
affected by the rule.  In developing Exhibit 2, EPA reviewed each of the
affected ICRs to identify the existing information collection activities
that are currently undertaken by generators and manufacturers,
calculated the associated burden and costs (or savings), and presented
the totals in the exhibit.The total costs in Exhibit 2 are broken down
into labor and operation and maintenance (O&M) costs.  In Section 6(b),
EPA presents a discussion of the capital and O&M costs associated with
new paperwork requirements from the rule.  In the following paragraph,
EPA presents a brief discussion of the O&M costs associated with each of
the existing ICRs that are affected by the rule.  For the Biennial
Report ICR (ICR No. 976), O&M costs are associated with maintaining
copies of Waste Generation and Management (GM) and Waste Received from
Off-Site (WR) forms.  For the Manifest ICR (ICR No. 801), the O&M costs
are associated with postage for sending and returning copies of the
manifest form.6(e)	Bottom Line Burden Hours and CostsRespondent TallyIn
Exhibit 2, EPA presents the total annual respondent burden and cost for
both new and existing paperwork requirements associated with the rule.
As described specifically in Section 6(d) above, these new and existing
paperwork requirements apply to generators of F019 sludge using the zinc
phosphating process.  As shown in Exhibit 2, the total annual respondent
burden for these new paperwork requirements is approximately 35 hours,
at an annual cost of approximately $2,600.  As also shown in Exhibit 2,
the total annual respondent burden savings under the existing paperwork
requirements, which are associated with two existing EPA ICRs, is
approximately 960 hours, at annual cost savings of approximately
$69,900.  In the same Exhibit 2, EPA then combines the burden and cost
impacts under both new and existing paperwork requirements and estimates
the total annual respondent burden savings for all information
collection activities at approximately 920 hours and an annual cost
savings of approximately $67,300.The bottom line respondent burden hours
saved over the three-year period covered by this ICR is approximately
2,760 hours, at a total cost savings of $201,900.6(f)	Reasons for Change
In Burden In finalizing the conditional exclusion for the F019 listing
at 40 CFR 261.31, EPA will relieve generators of F019 sludge using the
zinc phosphating process from existing RCRA Subtitle C regulations for
that waste.  These generators will only need to comply with the landfill
disposal conditions contained in the F019 listing description in order
to manage these wastes.6(g)	Burden StatementThe annual public reporting
and recordkeeping burden for this collection of information is estimated
to average 0.6 hours per response.  However, in addition to the new
paperwork requirements in the rule, the Agency also estimated the annual
respondent burden savings that  generators could expect as a result of
no longer having to follow information collection requirements under two
existing EPA ICRs (Biennial Report ICR and Manifest ICR).  Taking both
the new proposed and existing RCRA information collection requirements
into account, EPA expects the rule would result in a net reduction in
annual reporting and recordkeeping burden of 68 hours per response.
Burden means the total time, effort, or financial resources expended by
persons to generate, maintain, retain, or disclose or provide
information to or for a Federal agency.  This includes the time needed
to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust existing systems to comply
with any previously applicable instructions and requirements; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.  An Agency may not
conduct or sponsor, and a person is not required to respond to a
collection of information unless it displays a currently valid OMB
control number.  The OMB control numbers for EPA's regulations are
listed in 40 CFR Part 9 and 48 CFR chapter 15.To comment on the Agencys
need for this information, the accuracy of the provided burden
estimates, and any suggested methods for minimizing respondent burden,
including the use of automated collection techniques, EPA has
established a public docket for this ICR under  Docket ID No.
EPA-HQ-RCRA-2004-0019, which is available for online viewing at
www.regulations.gov, or in person viewing at the OSWER Docket in the EPA
Docket Center (EPA/DC), EPA West, Room B102, 1301 Constitution Avenue,
NW, Washington, D.C.  The EPA Docket Center Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays.  The telephone number for the Reading Room is<PHONE_NUMBER>,
and the telephone number for the OSWER Docket is<PHONE_NUMBER>.  An
electronic version of the public docket is available at
www.regulations.gov.  This site can be used to submit or view public
comments, access the index listing of the contents of the public docket,
and to access those documents in the public docket that are available
electronically.  When in the system, select search, then key in the
Docket ID Number identified above.  Also, you can send comments to the
Office of Information and Regulatory Affairs, Office of Management and
Budget, 725 17th Street, NW, Washington, DC  20503, Attention: Desk
Officer for EPA.  Please include the EPA Docket ID Number
EPA-HQ-RCRA-2004-0019 and OMB Control Number 2050-0053 in any
correspondence. 	Exhibit 1 - Estimated Annual Respondent (Facility)
Burden and Cost
 Hours and Costs per Respondent (per Facility)
                                                        Total Hours and
CostsINFORMATION
ACTIVITYLeg.$114/HrMgr.$89/HrTech.$59/HrCler.$31/HrRespon. Hours/YrLabor
Cost/YrCapital/Startup CostO & M CostNumber of
Respondents(Facilities)Total Hours/YrTotal Cost/YrUnderstanding the F019
Listing AmendmentRead the
rule<IP_ADDRESS>0.000.50$38.00$0.00$0.006834$2,584.00Facilities Claiming
Conditional Exclusion from the F019 Listing Keep Records of
Shipments0000.10.1$3.10$0.00$0.00141.4$43.40Total<IP_ADDRESS>0.10.60$41.
10$0.00$0.00Varies35.4$2,627.40Agency Data Sources:Wage Rate Data:
Economics Background Document - Estimate of Potential Economic Impacts
for USEPAs Proposed Amendment to the RCRA Hazardous Wastecode F019 to
Exclude Motor Vehicle Manufacturing Industries.Supporting Statement for
Information Collection Request Nr. 801.15: Requirements for Generators,
Transporters, & Waste Management Facilities Under the RCRA Hazardous
Waste Manifest System.Labor Hours:		Supporting Statement for EPA
Information Collection Request 1189.17: Revision of RCRA Wastewater
Treatment Exclusions for Hazardous Waste Mixtures.Supporting Statement
for Information Collection Request Number 1189.11: Zinc Fertilizers Made
from Recycled Hazardous Secondary Materials.	Exhibit 2 - Estimated
Annual Respondent (Facility) Burden for Existing ICRS (Including Net
Impact from F019 Listing Amendment ICR)ICR NameICR
NumberRespondents(Facilities)Total Labor HoursTotal Labor CostTotal O&M
CostTotal Annual CostBiennial Report ICR97614# Facilities x Hours/Yr per
Facility14 x (0.3) = -4.2-$307.00# Facilities x O&M Cost/Yr per
Facility14 x ($0.02) = -$0.28     -$307.28Manifest ICR80114# Facilities
x Hours/Yr per Facility14 x (68) = -952-$69,615.00# Facilities x O&M
Cost/Yr per Facility14 x ($0.06) = -$0.84-$69,615.84	Subtotal Other ICRs
-956.2-$69,922.00-$1.12-$69,923.12F019 Listing Amendment
ICR1189.18Varies 35.4   $2,627.40 $0.00   $2,627.40
             Net Impact (F019 ICR + Other ICRs) =
                 -920.8-$67,294.60-$1.12-$67,295.72 Agency Data Sources:

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 Regulatory Impact Analysis – USEPA’s Final Rule Amendment to RCRA
Hazardous Wastecode F019 to Exclude Motor Vehicle Manufacturing
Industries.”

O&M Cost:		“Supporting Statement for EPA Information Collection
Request 1189.17: Revision of RCRA Wastewater Treatment Exclusions for
Hazardous Waste Mixtures.”

These universe assumptions are based on the document, “Regulatory
Impact Analysis – USEPA’s Final Rule Amendment to RCRA Hazardous
Wastecode F019 to Exclude Motor Vehicle Manufacturing Industries.”

 PAGE

 PAGE  11


[Federal Register Volume 88, Number 192 (Thursday, October 5, 2023)]
[Notices]
[Pages 69173-69174]
[FR Doc No: 2023-22208]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #2

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER23-2959-000.
    Applicants: Pennsylvania Electric Company, PJM Interconnection,
L.L.C.
    Description: Sec.  205(d) Rate Filing: Pennsylvania Electric
Company submits tariff filing per 35.13(a)(2)(iii): PENELEC Amends 10
ECSAs (5788 5789 5792 5911 5912 5917 5919 5920 5925 5928) to be
effective 12/31/9998.
    Filed Date: 9/29/23.
    Accession Number: 20230929-5034.
    Comment Date: 5 p.m. ET 10/20/23.

    Docket Numbers: ER23-2960-000.
    Applicants: Public Service Company of Colorado.
    Description: Sec.  205(d) Rate Filing: Revisions to Schedule 1--
WEIS Charges to be effective 1/1/2024.
    Filed Date: 9/29/23.
    Accession Number: 20230929-5064.
    Comment Date: 5 p.m. ET 10/20/23.

    Docket Numbers: ER23-2961-000.
    Applicants: Midcontinent Independent System Operator, Inc., Otter
Tail Power Company.
    Description: Sec.  205(d) Rate Filing: Midcontinent Independent
System Operator, Inc. submits tariff filing per 35.13(a)(2)(iii): 2023-
09-29_SA 4170 OTP-Minnkota Power FCA (Erie) to be effective 11/29/2023.
    Filed Date: 9/29/23.
    Accession Number: 20230929-5073.
    Comment Date: 5 p.m. ET 10/20/23.

    Docket Numbers: ER23-2962-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2023-09-29_SA 2912
Termination of WPSC-WPSC FCA (Gaylord) (J392) to be effective 9/30/
2023.
    Filed Date: 9/29/23.
    Accession Number: 20230929-5123.
    Comment Date: 5 p.m. ET 10/20/23.

    Docket Numbers: ER23-2963-000.
    Applicants: Oakland Power Company LLC.
    Description: Tariff Amendment: Notice of Termination of Must-Run
Service Agreement to be effective 1/1/2024.
    Filed Date: 9/29/23.
    Accession Number: 20230929-5155.
    Comment Date: 5 p.m. ET 10/20/23.

    Docket Numbers: ER23-2964-000.
    Applicants: East Kentucky Power Cooperative, Inc., PJM
Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: East Kentucky Power
Cooperative, Inc. submits tariff filing per 35.13(a)(2)(iii): PJM TOs
CTOA Amendments re Order 881 Transmission Line Ratings to be effective
7/12/2025.
    Filed Date: 9/29/23.
    Accession Number: 20230929-5184.
    Comment Date: 5 p.m. ET 10/20/23.

    Docket Numbers: ER23-2965-000.
    Applicants: Public Service Company of Colorado.
    Description: Sec.  205(d) Rate Filing: 2023 Production WEIS Admin
Fee to be effective 1/1/2024.
    Filed Date: 9/29/23.
    Accession Number: 20230929-5196.
    Comment Date: 5 p.m. ET 10/20/23.

    Docket Numbers: ER23-2966-000.
    Applicants: New England Power Pool Participants Committee.
    Description: Sec.  205(d) Rate Filing: Oct 2023 Membership Filing
to be effective 10/1/2023.
    Filed Date: 9/29/23.
    Accession Number: 20230929-5211.
    Comment Date: 5 p.m. ET 10/20/23.

    Docket Numbers: ER23-2967-000.
    Applicants: Toms River Net Meter Solar, LLC.
    Description: Baseline eTariff Filing: Market-Based Rate Application
to be effective 9/30/2023.
    Filed Date: 9/29/23.
    Accession Number: 20230929-5232.
    Comment Date: 5 p.m. ET 10/20/23.

    Docket Numbers: ER23-2968-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Sec.  205(d) Rate Filing: Balancing Accounts Update
2024 (TRBAA, RSBAA, ECRBAA) to be effective 1/1/2024.
    Filed Date: 9/29/23.
    Accession Number: 20230929-5260.
    Comment Date: 5 p.m. ET 10/20/23.

    Docket Numbers: ER23-2969-000.
    Applicants: California Independent System Operator Corporation.
    Description: Tariff Amendment: 2023-09-29 Termination--Split
Resource--Calpine and Sutter to be effective 11/29/2023.
    Filed Date: 9/29/23.
    Accession Number: 20230929-5265.
    Comment Date: 5 p.m. ET 10/20/23.

    Docket Numbers: ER23-2970-000.
    Applicants: Basin Electric Power Cooperative.
    Description: Sec.  205(d) Rate Filing: Basin Electric Power
Cooperative, Submission of Revised Rate Schedule A to be effective 1/1/
2024.
    Filed Date: 9/29/23.
    Accession Number: 20230929-5268.
    Comment Date: 5 p.m. ET 10/20/23.

    Docket Numbers: ER23-2971-000.
    Applicants: New York State Electric & Gas Corporation, New York
Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: New York State Electric &
Gas Corporation submits tariff filing per 35.13(a)(2)(iii): NYISO-NYSEG
Joint 205: EPC Agreement for Alle Catt II Wind project (SA2794) to be
effective 9/15/2023.
    Filed Date: 9/29/23.
    Accession Number: 20230929-5269.
    Comment Date: 5 p.m. ET 10/20/23.

    Docket Numbers: ER23-2972-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: First Revised ISA, Service
Agreement No. 4316; Queue No. AE2-183 to be effective 8/30/2023.
    Filed Date: 9/29/23.
    Accession Number: 20230929-5278.
    Comment Date: 5 p.m. ET 10/20/23.

    Docket Numbers: ER23-2973-000.
    Applicants: Mule Shoe Energy Storage LLC.
    Description: Request for Limited, Prospective Waiver, et al. of
Mule Shoe Energy Storage LLC.

    Filed Date: 9/28/23.
    Accession Number: 20230928-5176.
    Comment Date: 5 p.m. ET 10/10/23.

    Docket Numbers: ER23-2974-000.
    Applicants: California Independent System Operator Corporation.
    Description: Sec.  205(d) Rate Filing: 2023-09-29 2023 Grid
Management Charge--Cost-of-Service Study Update to be effective 1/1/
2024.
    Filed Date: 9/29/23.
    Accession Number: 20230929-5304.
    Comment Date:5 p.m. ET 10/20/23.

    Take notice that the Commission received the following electric
securities filings:

    Docket Numbers: ES23-86-000.
    Applicants: Allegheny Generating Company.
    Description: Application Under Section 204 of the Federal Power Act
for Authorization to Issue Securities of Allegheny Generating Company.
    Filed Date: 9/28/23.
    Accession Number: 20230928-5146.
    Comment Date: 5 p.m. ET 10/19/23.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene, to protest, or to answer a
complaint in any of the above proceedings must file in accordance with
Rules 211, 214, or 206 of the Commission's Regulations (18 CFR 385.211,
385.214, or 385.206) on or before 5:00 p.m. Eastern time on the
specified comment date. Protests may be considered, but intervention is
necessary to become a party to the proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

    Dated: September 29, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-22208 Filed 10-4-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 178 (Monday, September 15, 2014)]
[Proposed Rules]
[Pages 54937-54941]
[FR Doc No: 2014-21999]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2013-0040]
RIN 1625-AA87

Revision of Safety/Security Zone Regulations; 2014 Tampa Bay;
Captain of the Port St. Petersburg Zone, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to consolidate three security
zone regulations into one regulation. In addition, the Coast Guard is
proposing to disestablish two safety zone regulations, and convert
those safety zones into security zones for all navigable waterways of
Big Bend, Boca Grande, Crystal River, East Bay, Hillsborough Bay,
MacDill Air Force Base, Manbirtee Key, Old Port Tampa, Port Manatee,
Port Tampa, Port St. Petersburg, Port Sutton, Rattlesnake, and Weedon
Island, FL. The purpose of these revisions is to ensure the security of
vessels, facilities, and the surrounding areas within these zones.
Entry into the area encompassed by these revised security zones is
prohibited without permission of the Captain of the Port St. Petersburg
or a designated representative.

DATES: Comments and related material must be received by the Coast
Guard on or before October 15, 2014.

ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail or Delivery: 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. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is<PHONE_NUMBER>.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LTJG Brett Sillman, Sector St. Petersburg Waterways
Management Division, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Cheryl Collings, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. 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.

1. Submitting Comments

    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. You may submit your comments and material online at
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, 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,
type the docket number USCG-2013-0040 in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit 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 the rule
based on your comments.

2. 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,
type the docket number USCG-2013-0040 in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except federal
holidays.

3. 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).

4. Public Meeting

    We do not plan to hold a public meeting, but you may submit a
request for one using one of the methods specified under ADDRESSES.
Please explain why you believe 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.

B. Regulatory History and Information

    Existing security zones were established in 2003 and codified in 33
CFR 165.760 and 165.764 by the Captain of the Port Tampa. The Coast
Guard proposes to revise the following established safety and security
zones for the purpose of enhancing port security for the region:
     Sec.  165.703 Tampa Bay, Florida--Safety Zone;
     Sec.  165.704 Tampa Bay, Florida--Safety Zone;
     Sec.  165.760 Security Zones; Tampa Bay, Port of Tampa,
Port of St. Petersburg, Port Manatee, Rattlesnake, Old Port Tampa, Big
Bend, Weedon Island and Crystal River, Florida;
     Sec.  165.767 Security Zone; Manbirtee Key, Port of
Manatee, Florida;
     Sec.  165.768 Security Zone; MacDill Air Force Base,
Tampa, FL;
     Sec.  165.760 Remove; (a)(6) Piers, seawalls, and
facilities, Port of Tampa, East Bay and the eastern side of Hooker's
Point;
     Sec.  165.760 Remove; (a)(8) Piers, seawalls, and
facilities, Port of Manatee.

C. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
establish limited access areas: 33 U.S.C. 1226; 1231; 46 U.S.C. Chapter
701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6,
160.5; Public Law 107-295, 116 Stat. 2064; Department of Homeland
Security Delegation No. 0170.1.
    The purpose of the regulation is to reorganize and consolidate
three existing security zones in 33 CFR 165.760, 33 CFR 165.767 and 33
CFR 165.768 into a single regulation and to combine the safety zones in
33 CFR 165.703 and 33 CFR 165.704 into a single security zone
regulation to ensure the security of vessels, facilities, and the
surrounding areas and provide safety of life on the navigable waters in
the Captain of the Port St. Petersburg Zone.

D. Discussion of Proposed Rule

    The Coast Guard is proposing to consolidate security zones in 33
CFR 165.760, 33 CFR 165.767, and 33 CFR 165.768 into one section under
33 CFR 165.703. The Coast Guard is also proposing to disestablish all
local safety zone regulations under 33 CFR 165.703 and 33 CFR 165.704
and convert those safety zones into new security zones under section 33
CFR 165.703 regulations for all navigable waterways of Big Bend, Boca
Grande, Crystal River, East Bay, Hillsborough Bay, MacDill Air Force
Base, Manbirtee Key, Old Port Tampa, Port Manatee, Port Tampa, Port St.
Petersburg, Port Sutton, Rattlesnake, and Weedon Island, FL, within the
Captain of the Port St. Petersburg Zone. The security zones created by
this proposed rule will
    The Coast Guard's ports, waterways and coastal security mission
gives priority to ensuring the safe transit of vessels carrying
especially hazardous cargos.
    There are currently no security zones for vessels carrying
especially hazardous cargos within Tampa Bay. In consideration of the
potential risks to the aforementioned public and commercial interests
from especially hazardous cargos such as an ammonium nitrate or
liquefied petroleum gas explosion, toxic release of anhydrous ammonia,
or disruption of any vessel's transit due to an attack, and using the
Maritime Security Risk Analysis Tool, there is a compelling public
safety interest to:
    (1) Establish a 500-yard security zone around all vessels carrying
especially hazardous cargos during transit through Tampa Bay and while
moored with cargo onboard; and,
    (2) Establish a 500-yard security zone around cruise ships, during
transit through Tampa Bay and at all times while moored.
    Establishing 500-yard security zones increases the area of
federally enforceable jurisdiction around the protected vessel, thereby
providing vital additional space for law enforcement vessels to react
to potential surface threats. The current zone is insufficient to allow
law enforcement vessels to effectively respond to such threats. These
proposed regulations will impose operating, inspection, and reporting
requirements for vessels and will create regulated areas surrounding
vessels in commercial service, including ferries. Owners, agents,
masters, operators, or persons in charge of vessels will be subject to
the reporting requirements contained in 33 CFR part 160, subpart C,
Notification of Arrival, Hazardous Conditions, and Certain Dangerous
Cargos.

E. 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 or executive orders.

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order

13563. The Office of Management and Budget has not reviewed it under
those Orders.
    This regulation is not a significant regulatory action because this
change constitutes merely the merging of, and increased size of
existing regulations. This proposed rule may have some impact on the
public, but these potential impacts will be minimized for the following
reasons: There is ample room for vessels to navigate around security
zones, and there are several locations for recreational and commercial
fishing vessels to fish throughout the Tampa Bay region.
    Also, vessels wishing to enter, transit through, or anchor in the
regulated areas may do so with the permission of the Captain of the
Port.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
will not have a significant economic impact on a substantial number of
small entities.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this proposed rule would economically affect it.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the person listed in the FOR
FURTHER INFORMATION CONTACT, above. 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.

4. Collection of Information

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

5. Federalism

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

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. 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.

10. Protection of Children From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This proposed 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.

11. 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.

12. Energy Effects

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

13. Technical Standards

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

14. Environment

    We have analyzed this proposed 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 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 is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the commandant instruction. A preliminary environmental
analysis checklist supporting this determination are not required
because the project seeks to only merge and remove existing
regulations. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard proposes
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:  33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.

0
2. Revise Sec.  165.703 to read as follows:

Sec.  165.703  Security Zones; Tampa Bay: Big Bend, Boca Grande,
Crystal River, East Bay, Hillsborough Bay, MacDill Air Force Base,
Manbirtee Key, Old Port Tampa, Port Manatee, Port Tampa, Port St.
Petersburg, Port Sutton, Rattlesnake, and Weedon Island, FL.

    (a) Regulated areas. The following areas, denoted by coordinates
fixed using the North American Datum of 1983 (World Geodetic System
1984) are security zones:
    (1) Security Zones for Facilities and Structures--(i) Rattlesnake,
Tampa, FL. All water, from surface to bottom, in Old Tampa Bay east and
south of the waters encompassed within position 27[deg]53.32' N,
082[deg]32.05' W; thence to; 27[deg]53.38' N, 082[deg]32.05' W,
including on land portions of Chemical Formulators Chlorine Facility,
where the fenced area is bounded by a line connecting the following
points: 27[deg]53.21' N, 082[deg]32.11' W; thence to; 27[deg]53.22' N,
082[deg]32.23' W; thence to; 27[deg]53.25' N, 082[deg]32.23' W; thence
to; 27[deg]53.25' N, 082[deg]32.27' W; thence to; 27[deg]53.29' N,
082[deg]32.25' W; thence to; 27[deg]53.30' N, 082[deg]32.16' W; thence
to; 27[deg]53.21' N, 082[deg]32.11' W.
    (ii) Old Port Tampa, Tampa, FL. All waters, from surface to bottom,
in Old Tampa Bay encompassed within the following points: 27[deg]51.62'
N, 082[deg]33.14' W; thence to; 27[deg]51.71' N, 082[deg]32.5' W;
thence to; 27[deg]51.76' N, 082[deg]32.5' W; thence to 27[deg]51.73' N,
082[deg]33.16' W; thence to; 27[deg]51.62' N, 082[deg]33.14' W, closing
off the Old Port Tampa channel.
    (iii) Sunshine Skyway Bridge, FL. All waters in Tampa Bay, from
surface to bottom, in Cut ``A'' channel beneath the bridge's main span
encompassed within the following points: 27[deg]37.30' N,
082[deg]39.38' W; 27[deg]37.13' N, 082[deg]39.26' W; and the bridge
structure columns, base and dolphins. This zone is specific to the
bridge structure and dolphins and does not include waters adjacent to
the bridge columns or dolphins outside of the bridge's main span. Any
vessel may transit through this zone but, may not loiter, anchor, or
conduct operations, including dredging, dive operation, surveying, or
maintenance, unless otherwise directed by the Captain of the Port.
Anyone wanting to conduct these operations must submit a request via
email to<EMAIL_ADDRESS>or contact the Sector Command Center after
hours at<PHONE_NUMBER>.
    (iv) Manbirtee Key, Port of Manatee, FL. All waters, from surface
to bottom, surrounding, surrounding Manbirtee Key, Tampa Bay, FL
extending 500 yards from the island's shoreline, in all directions, not
to include the Port Manatee Channel.
    (v) MacDill Air Force Base, Tampa Bay, FL. All waters encompassed
within the following coordinates: 27[deg]51'52.901'' N,
082[deg]29'18.329'' W; thence to 27[deg]52'00.672'' N,
082[deg]28'51.196'' W; thence to 27[deg]51'28.859'' N,
082[deg]28'10.412'' W; thence to 27[deg]51'01.067'' N,
082[deg]27'45.355'' W; thence to 27[deg]50'43.248'' N,
082[deg]27'36.491'' W; thence to 27[deg]50'19.817'' N,
082[deg]27'35.466'' W; thence to 27[deg]49'38.865'' N,
082[deg]27'43.642'' ; W; thence to 27[deg]49'20.204'' N,
082[deg]27'47.517'' W; thence to 27[deg]49'06.112'' N,
082[deg]27'52.750'' W; thence to 27[deg]48'52.791'' N,
082[deg]28'05.943'' W; thence to 27[deg]48'45.406'' N,
082[deg]28'32.309'' W; thence to 27[deg]48'52.162'' N,
082[deg]29'26.672'' W; thence to 27[deg]49'03.600'' N,
082[deg]30'23.629'' W; thence to 27[deg]48'44.820'' N,
082[deg]31'10.000'' W; thence to 27[deg]49'09.350'' N,
082[deg]32'24.556'' W; thence to 27[deg]49'38.620'' N,
082[deg]33'02.444'' W; thence to 27[deg]49'56.963'' N,
082[deg]32'45.023'' W; thence to 27[deg]50'05.447'' N,
082[deg]32'48.734'' W; thence to 27[deg]50'33.715'' N,
082[deg]32'45.220'' W; thence to 27[deg]50'42.836'' N,
082[deg]32'10.972'' W.
    (vi) Piers, seawalls, and facilities, Port of Tampa and Port
Sutton, Tampa, FL. All waters, from surface to bottom, extending 50
yards from the shore, seawall, and piers around facilities in Port
Sutton within the Port of Tampa encompassed by a line connecting the
following points: 27[deg]54.15' N, 082[deg]26.06' W; thence to;
27[deg]54.46' N, 082[deg]25.71' W; closing off all Port Sutton Channel.
    (vii) Piers, seawalls, and facilities, Port of Tampa, on the
western side of Hooker's Point, Tampa, FL. All waters, from surface to
bottom, extending 50 yards from the shore, seawall, and piers around
facilities on Hillsborough Bay northern portion of Cut ``D'' Channel,
Sparkman Channel, Ybor Turning Basin, and Ybor Channel within the Port
of Tampa encompassed by a line connecting the following points:
27[deg]54.74' N, 082[deg]26.47' W; thence to 27[deg]55.25' N,
082[deg]26.73' W; thence to 27[deg]55.60' N, 082[deg]26.80' W; thence
to 27[deg]56.00' N, 082[deg]26.75' W; thence to 27[deg]56.58' N,
082[deg]26.53' W; thence to 27[deg]57.29' N, 082[deg]26.51' W; thence
to 27[deg]57.29' N, 082[deg]26.61' W; thence to 27[deg]56.65' N,
082[deg]26.63' W; thence to 27[deg]56.58' N, 082[deg]26.69' W; thence
to 27[deg]56.53' N, 082[deg]26.90' W.
    (viii) St. Petersburg Harbor, FL. All waters, from surface to
bottom, extending 50 yards from the seawall and around all moorings and
vessels in St. Petersburg Harbor (Bayboro Harbor), commencing on the
north side of the channel at day beacon ``10'' (LLNR 24995) in
approximate position 27[deg]45.56' N, 082[deg]37.55' W, and westward
along the seawall to the end of the cruise terminal in approximate
position 27[deg]45.72' N, 082[deg]37.97' W. The zone will also include
the Coast Guard south moorings in St. Petersburg Harbor. The zone will
extend 50 yards around the piers commencing from approximate position
27[deg]45.51' N, 082[deg]37.99' W; to 27[deg]45.52' N, 082[deg]37.57'
W. The southern boundary of the zone is shoreward of a line between the
entrance to Salt Creek easterly towards day beacon ``11'' (LLNR 24990).
    (ix) Crystal River Nuclear Power Plant. All waters, from surface to
bottom, around the FL, Power Crystal River Nuclear Power Plant located
at the end of the Florida Power Corporation Channel, Crystal River,
Florida, encompassed by a line connecting the following points:
28[deg]56.87' N, 082[deg]45.17' W; thence to 28[deg]57.37' N,
082[deg]41.92' W; thence to 28[deg]56.79' N, 082[deg]45.13' W; thence
to 28[deg]57.32' N, 082[deg]41.92' W.
    (x) Crystal River Demory Gap Channel. All waters, from surface to
bottom, in the Demory Gap Channel in Crystal River, Florida,
encompassed by the following points: 28[deg]57.61' N, 082[deg]43.42' W
thence to; 28[deg]57.55' N, 082[deg]41.88' W thence to; 28[deg]57.58'
N, 082[deg]43.42' W thence to; 28[deg]57.51' N, 082[deg]41.88' W.
    (xi) Big Bend Power Plant, FL. All waters of Tampa Bay, from
surface to bottom, adjacent to the Big Bend Power Facility, and within
an area bounded by the following points: 27[deg]48.08' N,
082[deg]24.88' W; thence to; 27[deg]48.15' N, 082[deg]24.96' W; thence
to; 27[deg]48.10' N, 082[deg]25.00' W; thence to; 27[deg]47.85' N,
082[deg]25.03' W; thence to; 27[deg]47.58' N, 082[deg]24.89' W; thence
to; 27[deg]47.58' N, 082[deg]24.06' W; thence to; 27[deg]47.62' N,
082[deg]24.04' W; thence to; 27[deg]47.63' N, 082[deg]24.71' W; thence
to; 27[deg]48.03' N, 082[deg]24.70' W; thence to; 27[deg]48.08' N,
082[deg]24.88' W, closing off entrance to Big Bend Power Facility and
the attached cooling canal.
    (xii) Weedon Island Power Plant, FL. All waters of Tampa Bay, from
surface to bottom, extending 50 yards from the shore, seawall and piers
around the Power Facility at Weedon Island encompassed by the following
points: 27[deg]51.52' N, 082[deg]35.82' W; thence along the shore to;
27[deg]51.54' N, 082[deg]35.78' W; thence to; 27[deg]51.89' N,
082[deg]35.82' W; thence to; 27[deg]51.89' N, 082[deg]36.14' W, closing
off the entrance to both canals.

    (2) Vessel Specific Security Zones--(i) Moving security zones for
Cruise Ships and vessels carrying Especially Hazardous Cargos. The
following security zones and procedures are established for all waters,
from surface to bottom, within a 500-yard radius, as outlined below:
    (A) For inbound vessels commencing at Egmont Channel Lighted Buoys
``9'' (LLNR 22270) and ``10'' (LLNR 22275) through to berth.
    (B) For shifting vessels from their departure berth to destination
berth.
    (C) For outbound vessels commencing at berth through to Egmont
Channel Lighted Buoys ``9'' (LLNR 22270) and ``10'' (LLNR 22275).
    (D) All subject vessels operating in the Captain of the Port St.
Petersburg Zone shall follow the reporting requirements in 33 CFR part
160, subpart C.
    (E) Any vessel desiring to enter or transit the security zone shall
obtain permission from the Captain of the Port St. Petersburg or a
designated representative. If permission is granted, all persons and
vessels must comply with any given instructions.
    (3) Fixed Security Zones for moored Cruise Ships and moored vessels
carrying Especially Hazardous Cargos. A security zone is established
for all waters, from surface to bottom, within a 200-yard radius around
moored cruise ships and moored vessels carrying especially hazardous
cargos, as outlined below:
    (i) All subject vessels operating in the Captain of the Port St.
Petersburg Zone shall follow reporting requirements in 33 CFR part 160,
subpart C.
    (ii) Any vessel desiring to enter or transit the security zone
shall obtain permission from the Captain of the Port St. Petersburg or
a designated representative. If permission is granted, all persons and
vessels must comply with any given instructions.
    (iii) No vessel may loiter, anchor, or conduct maintenance
operations within the security zone, unless otherwise directed by the
Captain of the Port St. Petersburg or a designated representative. This
includes, but is not limited to dredging operations, dive operations,
and surveying. Anyone wanting to conduct these operations must submit a
request via email to<EMAIL_ADDRESS>or contact the Sector Command
Center after hours at<PHONE_NUMBER>.
    (b) Definitions. As used in this section:
    Ammonium Nitrate means ammonium nitrate and ammonium nitrate based
fertilizers listed as Division 5.1 (oxidizing) materials as defined in
33 CFR 172.101 except when carried as CDC residue.
    Captain of the Port (COTP) for the purpose of this section means
the Commanding Officer of Coast Guard Sector St. Petersburg.
    Captain of the Port St. Petersburg Zone means any navigable waters
or tributaries between or within Fenholloway River through Chokoloskee
Pass, Florida, including Big Bend, Boca Grande, Crystal River, East
Bay, Hillsborough Bay, MacDill Air Force Base, Manbirtee Key, Old Port
Tampa, Port Manatee, Port Tampa, Port St. Petersburg, Port Sutton,
Rattlesnake, Tampa Bay, and Weedon Island, FL.
    Certain Dangerous Cargo includes Division 1.5D blasting agents for
which a permit is required under 49 CFR 176.415 or, for which a permit
is required as a condition of Research and Special Programs
Administration exemption. This includes ammonium nitrate fuel oil
mixture.
    Commercial Vessels means any tank, bulk, container, cargo, cruise
ships, pilot vessels, or tugs. This definition excludes fishing
vessels, salvage vessels, dead ship tow operations.
    Cruise Ship means the same as defined 33 CFR Part 101.105.
    Designated representative means Coast Guard Patrol Commanders
including Coast Guard coxswains, petty officers and other officers
operating Coast Guard vessels, and federal, state, and local officers
designated by or assisting the COTP, in the enforcement of regulated
navigation areas, safety zones, and security zones.
    Especially Hazardous Cargo means anhydrous ammonia, ammonium
nitrate, chlorine, liquefied natural gas, liquefied petroleum gas, and
any other substance, material, or group or class in a particular amount
and form that the Secretary determines by regulation poses a
significant risk of creating a transportation security incident while
being transported in maritime commerce.
    (c) Regulations. (1) Entry into or remaining on or within the zones
described in paragraph (a) of this section is prohibited unless
authorized by the Captain of the Port St. Petersburg or a designated
representative.
    (2) Any changes to the requirements for these regulated areas will
be given by Broadcast Notice to Mariners on VHF-FM Channel 22A.
    Note to paragraph (c)(2): A graphical representation of all fixed
security zones will be made available through nautical charts via the
Coast Pilot.
    (3) The Captain of Port St. Petersburg has provisions for escorting
especially hazardous cargos as described in the above sections of this
subchapter, but reserves the right to establish additional provisions
for any potentially hazardous cargos.
    (4) Enforcement. Under general the general provisions in 33 CFR
165.33, no person may authorize the operation of a vessel in the
security zones contrary to the provisions of this section.
    (5) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the
authority for this section includes 33 U.S.C. 1226.
    (d) The Captain of the Port St. Petersburg may waive any of the
requirements of this subpart for any vessel, facility, or structure
upon finding that the vessel or class of vessel, operational
conditions, or other circumstances are such that application of this
subpart is unnecessary or impractical for purposes of port safety and
security or environmental safety.
0
3. Remove and reserve Sec. Sec.  165.704, 165.760, 165.767, and
165.768.

    Dated: June 4, 2014.
G.D. Case,
Captain, U.S. Coast Guard, Captain of the Port St. Petersburg.
[FR Doc. 2014-21999 Filed 9-12-14; 8:45 am]
BILLING CODE 9110-04-P