[Federal Register Volume 79, Number 110 (Monday, June 9, 2014)]
[Notices]
[Page 32937]
[FR Doc No: 2014-13362]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. NJ14-25-000]

Oncor Electric Delivery Company LLC; Notice of Filing

    Take notice that on May 29, 2014, Oncor Electric Delivery Company
LLC submitted its tariff filing per 35.28(e): Oncor Tex-La Tariff Rate
Changes, effective May 30, 2014.
    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. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on June 30, 2014.

    Dated: June 3, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-13362 Filed 6-6-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 146 (Wednesday, July 30, 2014)]
[Notices]
[Pages 44166-44167]
[FR Doc No: 2014-17959]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG14-79-000.
    Applicants: Newark Energy Center, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Newark Energy Center, LLC.
    Filed Date: 7/23/14.
    Accession Number: 20140723-5036.
    Comments Due: 5 p.m. ET 8/13/14.

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

    Docket Numbers: ER12-458-006.
    Applicants: Quantum Choctaw Power, LLC, Quantum Auburndale Power,
LP, Quantum Lake Power, LP, Quantum Pasco Power, LP.
    Description: Notification of Non-Material Change in Status of the
Quantum Entities.
    Filed Date: 7/23/14.
    Accession Number: 20140723-5041.
    Comments Due: 5 p.m. ET 8/13/14.

    Docket Numbers: ER14-1933-000; ER14-1934-001; ER14-1935-001.
    Applicants: Headwaters Wind Farm LLC.
    Description: Notice of Non-Material Change in Status of Headwaters
Wind Farm LLC, et. al.
    Filed Date: 7/21/14.
    Accession Number: 20140721-5165.
    Comments Due: 5 p.m. ET 8/11/14.

    Docket Numbers: ER14-2324-001.
    Applicants: Wisconsin Electric Power Company.
    Description: Wisconsin Electric FERC Electric Tariff Volume 9--2014
update amended filing to be effective 8/29/2014.
    Filed Date: 7/22/14.
    Accession Number: 20140722-5091.
    Comments Due: 5 p.m. ET 8/12/14.

    Docket Numbers: ER14-2338-001.
    Applicants: Wisconsin Electric Power Company.
    Description: Wisconsin Electric and WPPI Rate Schedule FERC No 90--
2014 revisions amended to be effective 8/29/2014.
    Filed Date: 7/22/14.
    Accession Number: 20140722-5098.
    Comments Due: 5 p.m. ET 8/12/14.

    Docket Numbers: ER14-2478-000.
    Applicants: Southern California Edison Company.
    Description: UFA with Copper Mountain Solar 2, LLC to be effective
7/24/2014.
    Filed Date: 7/23/14.
    Accession Number: 20140723-5044.
    Comments Due: 5 p.m. ET 8/13/14.

    Docket Numbers: ER14-2479-000.
    Applicants: Southern California Edison Company.
    Description: Amended LGIA and Distribution Serv Agmt with Coram
California Development, L.P. to be effective 9/22/2014.
    Filed Date: 7/23/14.
    Accession Number: 20140723-5048.
    Comments Due: 5 p.m. ET 8/13/14.

    Docket Numbers: ER14-2480-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Service Agreement No. 2975; Queue No. W1-082 to be
effective 6/24/2014.
    Filed Date: 7/23/14.
    Accession Number: 20140723-5060.
    Comments Due: 5 p.m. ET 8/13/14.

    Docket Numbers: ER14-2481-000.
    Applicants: ITC Midwest LLC.
    Description: Filing of CIAC Agreement with Pioneer Prairie Wind
Farm I LLC to be effective 9/22/2014.
    Filed Date: 7/23/14.
    Accession Number: 20140723-5081.
    Comments Due: 5 p.m. ET 8/13/14.

    Docket Numbers: ER14-2482-000.
    Applicants: NorthWestern Corporation.
    Description: NorthWestern Corporation submits tariff filing per
35.15: Cancellation of SA 711 and 712--TSAs with Gaelectric LLC to be
effective 7/21/2014.
    Filed Date: 7/23/14.

    Accession Number: 20140723-5083.
    Comments Due: 5 p.m. ET 8/13/14.

    Docket Numbers: ER14-2484-000.
    Applicants: California Independent System Operator Corporation.
    Description: 2014-07-23--EIMEnhancements to be effective 9/23/2014.
    Filed Date: 7/23/14.
    Accession Number: 20140723-5111.
    Comments Due: 5 p.m. ET 8/13/14.

    Docket Numbers: ER14-2485-000.
    Applicants: Arizona Public Service Company.
    Description: Large Generator Interconnection Agreements with Hyder,
Administrative Correction to be effective 8/13/2014.
    Filed Date: 7/23/14.
    Accession Number: 20140723-5119.
    Comments Due: 5 p.m. ET 8/13/14.

    Take notice that the Commission received the following open access
transmission tariff filings:

    Docket Numbers: OA14-4-000.
    Applicants: Limon Wind II, LLC, Limon Wind III, LLC.
    Description: Petition for Waivers from Order Nos. 888, 889 and 890,
and Request for Waiver of the 60-Day Rule of Limon Wind II, LLC and
Limon Wind III, LLC.
    Filed Date: 7/22/14.
    Accession Number: 20140722-5114.
    Comments Due: 5 p.m. ET 8/12/14.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) 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>.

    Dated: July 23, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-17959 Filed 7-29-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 149 (Tuesday, August 4, 2015)]
[Rules and Regulations]
[Pages 46194-46197]
[FR Doc No: 2015-19120]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0543]
RIN 1625-AA00; 1625-AA11

Safety Zones and Regulated Navigation Area; Shell Arctic
Drilling/Exploration Vessel and Associated Voluntary First Amendment
Area, Portland, OR

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary safety zones around
Royal Dutch Shell's (Shell) contracted vessel FENNICA, which is
participating in Shell's planned Arctic oil drilling and exploration
operations, while it is located in the U.S. Territorial and Internal
Waters of the Sector Columbia River Captain of the Port Zone. In
addition, the Coast Guard is establishing a regulated navigation area
to designate a Voluntary First Amendment Area for individuals that
desire to exercise their First Amendment free speech rights with
regards to Shell's operations. The safety zones and regulated
navigation area created by this rule are necessary to ensure the mutual
safety of all waterways users including the FENNICA and those
individuals that desire to exercise their First Amendment rights.

DATES: This rule is effective without actual notice from August 4, 2015
until August 22, 2015. For the purposes of enforcement, actual notice
will be used from July 22, 2015 until August 4, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2015-0543 to view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander Laura Springer, Waterways Management
Division, Coast Guard Marine Safety Unit Portland; telephone (503) 240-
2594, email<EMAIL_ADDRESS>If you have questions on viewing
or submitting material to the docket, call Barbara Hairston, 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. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because publishing an NPRM would be
impracticable since the regulation is immediately necessary to help
ensure the safety of all waterway users including the Shell contracted
vessel FENNICA and those individuals that desire to exercise their
First Amendment rights regarding Shell's activities and holding a
notice and comment period at this time would delay regulatory
implementation beyond the arrival of the FENNICA and expected start of
First Amendment activities regarding Shell's operations, thereby
increasing the safety risk to all waterways users.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. For reasons identical to those
described above, delaying the effective

date until 30 days after publication would be impracticable since the
regulation is immediately necessary to help ensure the safety of all
waterway users.

B. Basis and Purpose

    The legal basis for this rule is the Coast Guard's authority to
establish limited access areas: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR
1.05-1, 6.04-1, 6.04-6, and 160.5; Department of Homeland Security
Delegation No. 0170.1.
    Shell is planning Arctic oil drilling and exploration operations
for the summer of 2015. One of the Shell contracted vessels related to
these operations, FENNICA, has been damaged and will be returning to
Portland, Oregon for repairs. Over the last several months there has
been significant waterborne First Amendment activity related to Shell's
operations, particularly in the Puget Sound region, and the Coast Guard
believes there will be similar activity in the greater Portland area
related to FENNICA's presence there. The First Amendment activity
previously observed includes unauthorized boardings of Shell contracted
vessels and the formation of a ``kayak flotilla'' designed to protest
as well as attempt to block Shell contracted vessels from departing for
the Arctic.
    Draft restrictions, vessel maneuvering characteristics, and
geographic/environmental conditions may constrain the ability of large
commercial vessels such as FENNICA to maneuver in close quarters with
other vessels, particularly small craft piloted by recreational
operators. Intentional close-in interaction of these vessels will
create an increased risk of collision, grounding, or personal injury
for all parties. Furthermore, while moored, at anchor, and in drydock
the FENNICA will have ongoing operations occurring onboard, some of
which could pose a safety risk to other maritime traffic. The myriad of
potential safety risks to all parties and the port itself is best
addressed by mandating a minimum zone of separation. For these reasons,
the Coast Guard believes that a safety zone around the FENNICA is
necessary to ensure the safety of all waterways users.
    Additionally, the Coast Guard believes that given the nature of the
First Amendment activity expected and the likely type of vessels used
by individuals desiring to express their First Amendment rights, namely
kayaks and other small vessels, a regulated navigation area designating
a Voluntary First Amendment Area is necessary to ensure the safety of
those vessels and persons. The regulated navigation area encompassing
the Voluntary First Amendment Area would do so by establishing it as a
``no wake'' area, which is particularly important for small boats such
as kayaks, to better enable persons and vessels to congregate and
exercise their First Amendment rights safely and without interference
from or interfering with other maritime traffic.

C. Discussion of the Final Rule

    In this rule, the Coast Guard is establishing safety zones around
the FENNICA, a Shell contracted vessel involved in the company's Arctic
oil drilling and exploration operations, and a regulated navigation
area for a Voluntary Free Speech Area that will allow individuals a
meaningful opportunity to be heard in exercising their First Amendment
rights while not compromising the safety of maritime traffic or the
individuals exercising their First Amendment rights.
    The safety zones are established in subsection (a) of this
temporary regulation. Per subsection (a)(1)(i), while transiting, the
safety zone around FENNICA will encompass all waters within a rectangle
measuring 500 yards in front and 100 yards to the port, starboard, and
astern of that vessel and any other vessel actively engaged in towing
or escorting it. Per subsection (a)(1)(ii), while moored, anchored, or
in drydock, the safety zone around FENNICA will encompass all waters
within 100 yards of the vessel in all directions. Persons and/or
vessels that desire to enter these safety zones must request permission
to do so from the Captain of the Port, Columbia River by contacting the
Coast Guard Sector Columbia River Command Center at<PHONE_NUMBER> or
503-861-6211, or the on-scene Law Enforcement patrol craft, if any, via
VHF-FM CH 16.
    The Coast Guard is also establishing a regulated navigation area to
ensure the safety of individuals that desire to exercise their First
Amendment rights related to Shell's activities in subsection (b) of
this regulation. The Voluntary First Amendment Area is being
established in an area where we believe individuals will be able to
effectively communicate their message, without posing an undue risk to
maritime safety, after analyzing maritime traffic patterns and other
environmental factors. The regulated navigation area encompassing the
Voluntary First Amendment Area will ensure the safety of small boats by
establishing it as a ``no wake'' area for persons and/or vessels to
congregate and exercise their First Amendment rights safely and without
interference from or interfering with other maritime traffic. The ``no
wake'' provisions will ensure all interactions between vessels within
the area occur at a low rate of speed, thereby reducing risk of
collision and personal injury. Likewise, the designation of a Voluntary
First Amendment Area will help to ensure that a large congregation of
vessels does not impede or endanger other commercial and recreational
users who are not associated with Shell's arctic drilling and
exploration operations or the associated First Amendment activity.
    These provisions are particularly vital given the expected presence
of a ``kayak flotilla'' described above. Persons or vessels desiring to
exercise their First Amendment rights to free speech regarding Shell's
Arctic drilling and exploration operations may enter the regulated
navigation area at any time. All other persons or vessels are advised
to avoid the regulated navigation area. When inside the regulated
navigation area, all vessels must proceed at ``no wake'' speed and with
due regard for all other persons and/or vessels inside the regulated
navigation area.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. This rule is not a
significant regulatory action as the safety zones and regulated
navigation area are limited in both size and duration and any person
and/or vessel needing to transit through the safety zones or regulated
navigation area may be allowed to do so in accordance with the
regulatory provisions.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term

``small entities'' comprises small businesses, not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields, and governmental jurisdictions with
populations of less than 50,000. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities. This rule will affect
the following entities, some of which may be small entities: the owners
or operators of vessels intending to transit the affected waterways
when the safety zones and regulated navigation area are in effect. The
safety zones and regulated navigation area will not have a significant
economic impact on a substantial number of small entities, however,
because the safety zones and regulated navigation area are limited in
both size and duration and any person and/or vessel needing to transit
through the safety zones or regulated navigation area may be allowed to
do so in accordance with the regulatory provisions.

3. Assistance for Small Entities

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

4. Collection of Information

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

5. Federalism

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

6. First Amendment Activities

    The Coast Guard respects the First Amendment rights of all
individuals. This regulation establishes a regulated navigation area to
create a Voluntary First Amendment Area so that persons and vessels can
congregate and exercise their First Amendment free speech rights safely
and without interference from or interfering with other maritime
traffic. Of particular note, large vessels operating in restricted
waters cannot maneuver freely, nor can they stop immediately. As such,
any First Amendment activity taking place in immediate proximity to
such vessels can quickly result in extremis. The Voluntary First
Amendment Area has been located to allow individuals a meaningful
opportunity to be heard. Individuals that desire to exercise their
First Amendment rights are asked utilize the designated area to the
extent possible, however, its use is voluntary. Individuals that desire
to exercise their First Amendment rights outside the designated area
are requested to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate their activities so that
their message can be heard, without jeopardizing the safety or security
of people, places, or vessels.

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

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

12. Energy Effects

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

13. Technical Standards

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

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of temporary safety
zones and a regulated navigation area to deal with an emergency
situation that is one week or longer in duration. This rule is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. An environmental analysis
checklist supporting this determination and a Categorical Exclusion
Determination are available in the docket where indicated under
ADDRESSES.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T13-292 to read as follows:

Sec.  165.T13-292  Safety Zones and Regulated Navigation Area; Shell
Arctic Drilling/Exploration Vessel and Associated Voluntary First
Amendment Area, Portland, OR.

    (a) Safety Zones--(1) Location. The following areas are designated
as safety zones:
    (i) All waters within a rectangle measuring 500 yards in front and
100 yards to the port, starboard, and astern of the vessel FENNICA and
any other vessel actively engaged in towing or escorting it while
transiting within the U.S. Territorial or Internal Waters of the Sector
Columbia River Captain of the Port Zone as defined in 33 CFR 3.65-15.
    (ii) All waters within 100 yards of the vessel FENNICA while
moored, anchored, or in drydock within the U.S. Territorial or Internal
Waters of the Sector Columbia River Captain of the Port Zone as defined
in 33 CFR 3.65-15.
    (2) Regulations. In accordance with the general regulations in 33
CFR part 165 Subpart C, no persons or vessels may enter these safety
zones unless authorized by the Captain of the Port, Columbia River or
his designated representative. To request permission to enter one of
these safety zones contact the Coast Guard Sector Columbia River
Command Center at<PHONE_NUMBER> or<PHONE_NUMBER>, or the on-scene Law
Enforcement patrol craft, if any, via VHF-FM CH 16. If permission for
entry into one of these safety zones is granted, vessels must proceed
at a minimum speed for safe navigation.
    (b) Regulated Navigation Area--(1) Location. The following area is
designated as a regulated navigation area: All waters of Swan Island
Basin south east from a line connecting the following points:
45[deg]34'04'' N, 122[deg]42'57'' W and 45[deg]34'00'' N,
122[deg]43'03'' W.
    (2) Regulations. In accordance with the general regulations in 33
CFR part 165 Subpart B, persons or vessels desiring to exercise their
First Amendment right to free speech regarding Royal Dutch Shell's
Arctic drilling and exploration operations may enter the regulated
navigation area at any time. All other persons or vessels are advised
to avoid the regulated navigation area. When inside the regulated
navigation area, all vessels must proceed at no wake speed and with due
regard for all other persons and/or vessels inside the regulated
navigation area.
    (c) Dates. This rule will be enforced from July 22, 2015 through
August 22, 2015.

    Dated: July 22, 2015.
D.L. Cottrell,
Captain, U.S. Coast Guard, Acting Commander, Thirteenth Coast Guard
District.
[FR Doc. 2015-19120 Filed 8-3-15; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 76, Number 120 (Wednesday, June 22, 2011)]
[Rules and Regulations]
[Pages 36318-36320]
[FR Doc No: 2011-15588]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0432]
RIN 1625-AA00

Safety Zone; Waterway Closure, Morgan City-Port Allen Route From
Mile Marker 0 to Port Allen Lock

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on
specified waters of the Gulf Intracoastal Water Way, closing the Morgan
City-Port Allen Route from MM 0 to the Port Allen lock to all
commercial traffic. This temporary safety zone is needed to protect the
general public, levee system, vessels and tows from destruction, loss
or injury due to hazards associated with rising flood water.

DATES: Effective Date: this rule is effective in the CFR from June 22,
2011 until 11:59 p.m. July 31, 2011. This rule is effective with actual
notice for purposes of enforcement beginning 12:01 a.m. May 16, 2011
through 11:59 p.m. July 31, 2011.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0432 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-0432 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail Lieutenant (LT) Russell Pickering, Coast
Guard; telephone<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>If
you have questions on viewing the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA)(5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because publishing a NPRM would be
impracticable since immediate action is needed to protect the general
public, levee system, vessels and tows from the hazards associated with
rising flood water on the Morgan City-Port Allen Route.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Publishing a NPRM and delaying its
effective date would be impracticable since immediate action is needed
to protect the general public, levee system, vessels and tows from
destruction, loss or injury due to the hazards associated with rising
flood water on the Morgan City-Port Allen Route.

Basis and Purpose

    Captains of the Port Morgan City and New Orleans, Louisiana have
determined that there is a need to close certain waterways contingent
on the predicted river heights and currents. This temporary safety zone
is needed to protect the general public, levee system, vessels and tows
from destruction, loss or injury from flood waters and associated
hazards.

Discussion of Rule

    The Coast Guard is establishing a temporary safety zone on the
specified waters of the Gulf Intracoastal Water Way on the Morgan City-
Port Allen Route from MM 0 to the Port Allen lock. Commercial vessels
and tows may not enter this zone unless authorized by the Captains of
the Port Morgan City or New Orleans.

Regulatory Analyses

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

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that

Order. The Office of Management and Budget has not reviewed it under
that Order.
    Although this regulation will restrict access to the area, the
effect of the rule will not be significant because notifications to the
marine community will be made through broadcast notices to mariners and
Local Notices to Mariners and Marine Safety Information Bulletins.
Vessels requiring entry into or passage through the temporary safety
zone may request permission from the Captains of the Port Morgan City
or New Orleans, or a designated representative and entry will be
evaluated on a case-by-case-basis to minimize impact and protect the
general public, levee system, vessels and tows from destruction, loss
or injury due to the hazards associated with rising flood water.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule will affect the following entities, some of which
may be small entities: the owners or operators of vessels intending to
transit through the temporary safety zone from May 16, 2011 through
July 31, 2011. This temporary safety zone is not expected to have a
significant economic impact on a substantial number of small entities
because vessels requiring entry into or passage through the temporary
safety zone may request permission from the Captains of the Port Morgan
City or New Orleans, or a designated representative.
    If you are a small business entity and are significantly affected
by this regulation, please contact LT Russell Pickering, Marine Safety
Unit Morgan City, at<PHONE_NUMBER>.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

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

Federalism

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

Unfunded Mandates Reform Act

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

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

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

Indian Tribal Governments

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

Energy Effects

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

Technical Standards

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

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National

Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have
concluded this action is one of a category of actions which do not
individually or cumulatively have a significant effect on the human
environment. This rule is categorically excluded, under figure 2-1,
paragraph (34) (g), of the Instruction. This rule involves an emergency
situation and will be in effect for over one week, but is not expected
to result in any significant adverse environmental impact as described
in NEPA.
    An environmental analysis checklist and a categorical exclusion
determination will be provided and made available at the docket as
indicated in the ADDRESSES section.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. A new temporary Sec.  165.T08-0432 is added to read as follows:

Sec.  165.T08-0432  Safety Zone; Waterway Closure, Morgan City-Port
Allen Route from Mile Marker 0 to Port Allen Lock.

    (a) Location. Waters of the Gulf Intracoastal Water Way on the
Morgan City--Port Allen route from MM 0 to the Port Allen lock.
    (b) Effective date. This rule is effective May 16, 2011 through
July 31, 2011.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into this zone is prohibited unless
authorized by the Captains of the Port Morgan City or New Orleans.
    (2) Vessels requiring entry into or passage through the Safety Zone
must request permission from the Captains of the Port Morgan City or
New Orleans, or a designated representative. They may be contacted on
VHF Channel 13 or 16, or by telephone at<PHONE_NUMBER>.
    (3) All persons and vessels shall comply with the instructions of
the Captains of the Port Morgan City or New Orleans and designated on-
scene patrol personnel. On-scene patrol personnel include commissioned,
warrant, and petty officers of the U.S. Coast Guard.

    Dated: May 16, 2011.
J.C. Burton,
Captain, U.S. Coast Guard, Captain of the Port Morgan City, Louisiana.
E.M. Stanton,
Captain, U.S. Coast Guard, Captain of the Port New Orleans, Louisiana.
[FR Doc. 2011-15588 Filed 6-21-11; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: April 1, 2008 (Volume 73, Number 63)]
[Notices]
[Page 17415]
[DOCID:fr01ap08-99]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

Reports, Forms and Record Keeping Requirements; Agency
Information Collection Activity Under OMB Review

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.), this notice announces that the Information
Collection Request (ICR) abstracted below has been forwarded to the
Office of Management and Budget (OMB) for review and comment. The ICR
describes the nature of the information collections and their expected
burden. The Federal Register Notice with a 60-day comment period was
published on February 13, 2008 [73 FR 8399].

DATES: Comments must be submitted on or before May 1, 2008.

FOR FURTHER INFORMATION CONTACT: Markus Price at the National Highway
Traffic Safety Administration, Office of Rulemaking (NVS-121), 202-366-
0098. 1200 New Jersey Avenue, SE., Room W43-472, Washington, DC 20590.

SUPPLEMENTARY INFORMATION:

National Highway Traffic Safety Administration

    Title: Compliance Labeling of Retroreflective Materials Heavy
Trailer Conspicuity.
    OMB Number: 2127-0569.
    Type of Request: Extension of a currently approved collection.
    Abstract: Federal Motor Vehicle Safety Standard No. 108, ``Lamps
Reflective Devices, and Associated Equipment,'' specifies requirements
for vehicle lighting for the purposes of reducing traffic accidents and
their tragic results by providing adequate roadway illumination,
improved vehicle conspicuity, appropriate information transmission
through signal lamps, in both day, night, and other conditions of
reduced visibility. For certifications and identification purposes, the
Standard requires the permanent marking of the letters DOT-C2, DOT-C3,
or DOT-C4 at least 3mm high at regular intervals on retroreflective
sheeting material having adequate performance to provide effective
trailer conspicuity. The manufacturers of new tractors and trailers are
required to certify that their products are equipped with
retroreflective material complying with the requirements of the
standard. The Federal Motor Carrier Safety Administration (FMCSA)
enforces this and other standards through roadside inspections of
trucks. There is no practical field test for the performance
requirements, and labeling is the only objectives way of distinguishing
trailer conspicuity grade material from lower performance material.
Without labeling, FMCSA will not be able to enforce the performance
requirements of the standard and the compliance testing of new tractors
and trailers will be complicated. Labeling is also important to small
trailer manufactures because it may help them to certify compliance.
Because wider stripes or material of lower brightness also can provide
the minimum safety performance, the marking system serves the
additional role of identifying the minimum stripe width required for
retroreflective brightness of the particular material. Since the
differences between the brightness grades of suitable retroreflective
conspicuity material is not obvious from inspection, the marking system
is necessary for tractor and trailer manufacturers and repair shops to
assure compliance and for FMCSA to inspect tractors and trailers in
use.
    Permanent labeling is used to identify retroreflective material
having the minimum properties required for effective conspicuity of
trailers at night. The information enables the FMCSA to make compliance
inspections, and it aids tractor and trailer owners and repairs shops
in choosing the correct repair materials for damaged tractors and
trailers. It also aids smaller trailer manufacturers in certifying
compliance of their products. The FMCSA will not be able to determine
whether trailers are properly equipped during roadside inspections
without labeling. The use of cheaper and more common reflective
materials, which are ineffective for the application, would be expected
in repairs without the labeling requirement.
    Affected Public: Business or other-for-profit organizations.
    Estimated Total Annual Burden: 1.

ADDRESSES: Send comments, within 30 days, to the Office of Information
and Regulatory Affairs, Office of Management and Budget, 725-17th
Street, NW., Washington, DC 20503, Attention NHTSA Desk Officer.
Comments are invited on: Whether the proposed collection of information
is necessary for the proper performance of the functions of the
Department, including whether the information will have practical
utility; the accuracy of the Department's estimate of the burden of the
proposed information collection; ways to enhance the quality, utility
and clarity of the information to be collected; and ways to minimize
the burden of the collection of information on respondents, including
the use of automated collection techniques or other forms of
information technology. A comment to OMB is most effective if OMB
receives it within 30 days of publication.

    Issued: March 26, 2008.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. E8-6627 Filed 3-31-08; 8:45 am]

BILLING CODE 4910-59-P


[Federal Register Volume 80, Number 135 (Wednesday, July 15, 2015)]
[Notices]
[Page 41547]
[FR Doc No: 2015-17381]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent To Rule on Request To Release Property at the
Arnold Palmer Regional Airport, Latrobe, PA

AGENCY: Federal Aviation Administration (FAA) DOT.

ACTION: Notice of request to release airport property.

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

SUMMARY: The FAA proposes to rule and invite public comment on the land
release at the Arnold Palmer Regional Airport, Latrobe, PA under the
provision 49 U.S.C. 47125(a).

DATES: Comments must be received on or before August 14, 2015.

ADDRESSES: Comments on this application may be mailed or delivered to
the following address:

Gabe Monzo, Manager, Arnold Palmer Regional Airport, 148 Aviation Lane,
Suite 103, Latrobe, PA,<PHONE_NUMBER>

and at the FAA Harrisburg Airports District Office:

Lori K. Pagnanelli, Manager, Harrisburg Airports District Office, 3905
Hartzdale Dr., Suite 508, Camp Hill, PA 17011,<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Charles Sacavage, Project Manager,
Harrisburg Airports District Office, location listed above.
    The request to release airport property may be reviewed in person
at this same location.

SUPPLEMENTARY INFORMATION: The FAA invites public comment on the
request to release property at the Arnold Palmer Regional Airport under
the provisions of Section 47125(a) of Title 49 U.S.C. On July 7, 2015,
the FAA determined that the request to release property at the Arnold
Palmer Regional Airport (LBE), PA, submitted by the Westmoreland County
Airport Authority, met the procedural requirements.
    The following is a brief overview of the request:
    The Airport Authority requests the release of a total of 4.271
acres of required Right-of-Way for the SR 981 widening project and
0.785 acres for a Temporary Construction Easement. The purpose of the
project is to address geometric deficiencies of the roadway, reduce the
number of crashes at the SR 0981/SR 2027 intersection, and reduce route
confusion utilizing current smart transportation criteria. The project
is being coordinated by the Pennsylvania Department of Transportation.
There are seventeen parcels included in the proposed 4.271 acre land
release, which are sliver takes, that were originally purchased using
local funds and/or utilizing Airport Improvement Program (AIP) funding.
Three of the parcels (0.610 acres) were purchased using local funds for
non-aviation use. The existing property use (remaining 3.661 acres)
consists of dedicated airport property. As shown on the Airport Layout
Plan, the property is not needed now or in the future for airport
development. Proceeds from sale of the property that was purchased with
federal funds will be utilized toward future Airport Improvement
Program (AIP) eligible capital improvement projects at LBE.
    Any person may inspect the request by appointment at the FAA office
address listed above.
    Interested persons are invited to comment on the proposed lease.
All comments will be considered by the FAA to the extent practicable.

    Issued in Camp Hill, Pennsylvania, July 7, 2015.

Lori K. Pagnanelli,
Manager, Harrisburg Airports District Office.
[FR Doc. 2015-17381 Filed 7-14-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 43 (Wednesday, March 5, 2014)]
[Proposed Rules]
[Pages 12428-12431]
[FR Doc No: 2014-04887]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0129; Directorate Identifier 2013-NM-105-AD]
RIN 2120-AA64

Airworthiness Directives; Bombardier Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to supersede Airworthiness Directive (AD) 2011-15-
09, which applies to certain Bombardier, Inc. Model DHC-8-400, -401,
and -402 airplanes. AD 2011-15-09 currently requires repetitive
inspections for proper operation of the main landing gear (MLG)
alternate extension system (AES), and corrective actions if necessary.
Since we issued AD 2011-15-09, we have determined that, for certain
airplanes not affected by AD 2011-15-09, a different MLG AES cam
mechanism assembly was installed resulting in input lever fractures and
inability to open the MLG door; those assemblies could be subject to
the same unsafe condition in AD 2011-15-09. This new proposed AD would
require, for certain airplanes, new repetitive inspections for proper
operation of the MLG AES, and corrective actions if necessary. This
proposed AD would also require eventually replacing the MLG AES cam
mechanism assembly with a new assembly, which would terminate the
repetitive inspections for those airplanes. We are proposing this AD to
prevent improper operation of the cam mechanism or rupture of the door
release cable, which could result in loss of control of the airplane
during landing.

DATES: We must receive comments on this proposed AD by April 21, 2014.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt Boulevard,
Toronto, Ontario M3K 1Y5, Canada; telephone<PHONE_NUMBER>; fax 416-375-
4539; email<EMAIL_ADDRESS>Internet http://www.bombardier.com. You may view this referenced service information at
the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
WA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0129; or in person at the Docket Operations office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Operations office (telephone<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Cesar Gomez, Aerospace Engineer,
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2014-0129;
Directorate Identifier 2013-NM-105-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    On July 6, 2011, we issued AD 2011-15-09, Amendment 39-16756 (76 FR
42033, July 18, 2011). AD 2011-15-09 required actions intended to
address an unsafe condition on the products listed above.
    Since we issued AD 2011-15-09, Transport Canada Civil Aviation
(TCCA), which is the aviation authority for Canada, has issued Canadian
Airworthiness Directive CF-2011-01R2, dated May 21, 2013 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for the specified
products. The MCAI states:

    Two cases of the main landing gear (MLG) alternate extension
system (AES) cam mechanism failure were found during line checks.
The cam mechanism operates the cable to open the MLG door and
releases the MLG uplock in sequence. In the case where it is
necessary to deploy the MLG using the AES, the failure of the MLG
AES cam mechanism on one side will lead to an unsafe asymmetrical
landing configuration.
    Preliminary investigation indicates that the cam mechanism
failure may have occurred and remained dormant after a previous AES
operation. The cam mechanism may not have fully returned to the
normal rested position. With the cam mechanism out of normal rested
position, normal powered landing gear door operation could introduce
sufficient loads to fracture the cam mechanism or rupture the door
release cable.
    This [Canadian] AD mandates the initial and subsequent
[detailed] inspections for proper operation of the MLG AES cam
mechanism, and rectify [repair or replace cam assembly with new or
serviceable cam assembly] as necessary.
    Since the original issue of this [Canadian] AD, Bombardier Inc.
has determined that the existing inspection procedure is
insufficient for verification of proper MLG AES cam mechanism
operation, and has superseded this inspection procedure. Revision 1
of this [Canadian] AD mandates the use of the revised inspection
[and rectification] procedure.
    Prior to the introduction of MLG AES cam mechanism assembly part
number (P/N) 48510-5 as terminating action, an interim MLG AES cam
mechanism assembly P/N 48510-3 was introduced.
    Revision 2 of this [Canadian] AD updates the applicability
paragraph, updates the MLG AES cam mechanism inspection criteria and
mandates the terminating action.

You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating it in Docket No. FAA-
2014-0129.

Relevant Service Information

    Bombardier has issued Repair Drawing 8/4-32-0160, Issue 5, dated
June 6, 2012; and Issue 6, dated June 27,

2012. Bombardier has also issued Service Bulletin 84-32-100, Revision
A, dated August 30, 2012. The actions described in this service
information are intended to correct the unsafe condition identified in
the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Repair Approvals

    In many FAA transport ADs, when the service information specifies
to contact the manufacturer for further instructions if certain
discrepancies are found, we typically include in the AD a requirement
to accomplish the action using a method approved by either the FAA or
the State of Design Authority (or its delegated agent).
    We have recently been notified that certain laws in other countries
do not allow such delegation of authority, but some countries do
recognize design approval organizations. In addition, we have become
aware that some U.S. operators have used repair instructions that were
previously approved by a State of Design Authority or a Design Approval
Holder (DAH) as a method of compliance with this provision in FAA ADs.
Frequently, in these cases, the previously approved repair instructions
come from the airplane structural repair manual or the DAH repair
approval statements that were not specifically developed to address the
unsafe condition corrected by the AD. Using repair instructions that
were not specifically approved for a particular AD creates the
potential for doing repairs that were not developed to address the
unsafe condition identified by the MCAI AD, the FAA AD, or the
applicable service information, which could result in the unsafe
condition not being fully corrected.
    To prevent the use of repairs that were not specifically developed
to correct the unsafe condition, certain requirements of this proposed
AD specify that the repair approval specifically refer to the FAA AD.
This change is intended to clarify the method of compliance and to
provide operators with better visibility of repairs that are
specifically developed and approved to correct the unsafe condition. In
addition, we use the phrase ``its delegated agent, or the DAH with
State of Design Authority design organization approval, as applicable''
in this proposed AD to refer to a DAH authorized to approve certain
required repairs for this proposed AD.

Costs of Compliance

    We estimate that this proposed AD affects 75 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                   Labor cost          Parts cost       Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspection in AD                  Up to 24            $2,609............  Up to $4,649 per    Up to $348,675 per
 2011[dash]15[dash]09, Amendment   work[dash]hours x                       inspection cycle.   inspection cycle.
 39-16756 (76 FR 42033, July 18,   $85 per hour = up
 2011).                            to $2,040 per
                                   inspection cycle.
Inspection [new proposed action]  1 work-hour x $85   $0................  $85 per inspection  $6,375 per
                                   per hour = $85                          cycle.              inspection cycle.
                                   per inspection
                                   cycle.
Replacement of both cam           4 work-hours x $85  $7,676 (2 cam       $80,167...........  $601,200.
 assemblies [new proposed          per hour = $680     assemblies).
 terminating action].              [$340 per cam
                                   assembly].
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

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

Sec.  39.13  [Amended]

0
2. Amend Sec.  39.13 by removing airworthiness directive (AD) 2011-15-
09, Amendment 39-16756 (76 FR 42033, July 18, 2011), and adding the
following new AD:

Bombardier, Inc: Docket No. FAA-2014-0129; Directorate Identifier
2013-NM-105-AD.

(a) Comments Due Date

    We must receive comments by April 21, 2014.

(b) Affected ADs

    This AD supersedes AD 2011-15-09, Amendment 39-16756 (76 FR
42033, July 18, 2011).

(c) Applicability

    This AD applies to Bombardier, Inc. Model DHC-8-400, -401, and -
402 airplanes, certificated in any category, serial numbers 4001,
4003 through 4418 inclusive, 4422 and 4423.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing
Gear.

(e) Reason

    This AD was prompted by a determination that a different MLG AES
cam mechanism assembly was installed resulting in input lever
fractures and inability to open the MLG door; those assemblies could
be subject to the same unsafe condition in the existing AD. We are
issuing this AD to prevent improper operation of the cam mechanism
or rupture of the door release cable, which could result in loss of
control of the airplane during landing.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Retained Detailed Inspection for Proper Operation of the MLG

    This paragraph restates the requirement in paragraph (i) of AD
2011-15-09, Amendment 39-16756 (76 FR 42033, July 18, 2011), with
revised service information. For airplanes with a MLG AES Cam
Mechanism Assembly having part number (P/N) 48510-1: Within 50
flight hours or 10 days after August 2, 2011 (the effective date of
AD 2011-15-09, Amendment 39-16756 (76 FR 42033, July 18, 2011)),
whichever occurs first, do a detailed inspection for proper
operation of the MLG AES cam mechanism, in accordance with paragraph
A) of Bombardier Repair Drawing 8/4-32-0160, Issue 3, dated February
15, 2011; or Bombardier Repair Drawing 8/4-32-0160, Issue 6, dated
June 27, 2012. Repeat the inspection thereafter at intervals not to
exceed 50 flight hours or 10 days, whichever occurs first. As of the
effective date of this AD, use only Bombardier Repair Drawing 8/4-
32-0160, Issue 6, dated June 27, 2012.
    (1) If the cam mechanism is found to reset to the normal rested
position without any sticking or binding, it is operating properly.
    (2) If the cam mechanism has not reset to its normal rested
position, or if any sticking or binding is observed, before further
flight, remove the cam assembly, in accordance with paragraph A) of
Bombardier Repair Drawing 8/4-32-0160, Issue 3, dated February 15,
2011; or Bombardier Repair Drawing 8/4-32-0160, Issue 6, dated June
27, 2012, and do the actions in paragraph (g)(2)(i) or (g)(2)(ii) of
this AD. As of the effective date of this AD, use only Bombardier
Repair Drawing 8/4-32-0160, Issue 6, dated June 27, 2012.
    (i) Repair the cam mechanism assembly, including doing detailed
inspections for discrepancies (an inspection to determine proper
operation, an inspection for damage, an inspection for corrosion and
cadmium coating degradation, and inspections to determine dimensions
are within the limits specified in paragraph B) of Bombardier Repair
Drawing 8/4-32-0160, Issue 3, dated February 15, 2011; or Bombardier
Repair Drawing 8/4-32-0160 Issue 6, dated June 27, 2012, in
accordance with paragraph B) of Bombardier Repair Drawing 8/4-32-
0160, Issue 3, dated February 15, 2011; and install the repaired cam
assembly in accordance with paragraph C) of Bombardier Repair
Drawing 8/4-32-0160, Issue 3, dated February 15, 2011; or Bombardier
Repair Drawing 8/4-32-0160, Issue 6, dated June 27, 2012. As of the
effective date of this AD, use only Bombardier Repair Drawing 8/4-
32-0160, Issue 6, dated June 27, 2012.
    (ii) Install a new or serviceable cam assembly, in accordance
with paragraph C) of Bombardier Repair Drawing 8/4-32-0160, Issue 3,
dated February 15, 2011; or Bombardier Repair Drawing 8/4-32-0160,
Issue 6, dated June 27, 2012. As of the effective date of this AD,
use only Bombardier Repair Drawing 8/4-32-0160, Issue 6, dated June
27, 2012.
    (3) If the cam mechanism is found damaged or inoperative during
the repair specified in paragraph (g)(2)(i) of this AD, or if any
discrepancies are found and Bombardier Repair Drawing 8/4-32-0160,
Issue 3, dated February 15, 2011; or Bombardier Repair Drawing 8/4-
32-0160, Issue 6, dated June 27, 2012; does not specify repairs for
those discrepancies, or repairs specified in paragraph (g)(2)(i) of
this AD cannot be accomplished: Before further flight, repair and
reinstall using a method approved by the Manager, ANE-170, New York
Aircraft Certification Office (ACO), FAA, or the TCCA (or its
delegated agent, or the Design Approval Holder with TCCA's design
organization approval, as applicable); or install a new or
serviceable cam assembly, in accordance with paragraph C) of
Bombardier Repair Drawing 8/4-32-0160, Issue 3, dated February 15,
2011; or Bombardier Repair Drawing 8/4-32-0160, Issue 6, dated June
27, 2012. As of the effective date of this AD, use only Bombardier
Repair Drawing 8/4-32-0160, Issue 6, dated June 27, 2012, to install
the cam assembly.

(h) New Inspection for Proper Operation of the MLG Replacement Part

    For airplanes with a MLG AES cam mechanism assembly having P/N
48510-3: Within 1,800 flight hours or 9 months after installation of
the assembly, whichever occurs first after the effective date of
this AD, do a detailed inspection for proper operation of the MLG
AES cam mechanism, in accordance with paragraph A) of Bombardier
Repair Drawing 8/4-32-0160, Issue 6, dated June 27, 2012. Repeat the
inspection thereafter at intervals not to exceed 600 flight hours or
3 months, whichever occurs first.
    (1) If the cam mechanism is found to reset to the normal rested
position without any sticking or binding, it is operating properly.
    (2) If the cam mechanism has not reset to its normal rested
position, or if any sticking or binding is observed, before further
flight, remove the cam assembly, in accordance with paragraph A) of
Bombardier Repair Drawing 8/4-32-0160, Issue 6, dated June 27, 2012,
and do the actions required by paragraphs (h)(2)(i) or (h)(2)(ii) of
this AD.
    (i) Repair the cam mechanism assembly, including doing detailed
inspections for discrepancies (an inspection to determine proper
operation, an inspection for damage, an inspection for corrosion and
cadmium coating degradation, and inspections to determine dimensions
are within the limits specified in paragraph B) of Bombardier Repair
Drawing 8/4-32-0160, Issue 6, dated June 27, 2012), in accordance
with paragraph B) of Bombardier Repair Drawing 8/4-32-0160, Issue 6,
dated June 27, 2012; and install the repaired cam assembly in
accordance with paragraph C) of Bombardier Repair Drawing 8/4-32-
0160, Issue 6, dated June 27, 2012.
    (ii) Install a new or serviceable cam assembly, in accordance
with paragraph C) of Bombardier Repair Drawing 8/4-32-0160, Issue 6,
dated June 27, 2012.
    (3) If the cam mechanism is found damaged or inoperative during
the repair specified in paragraph (h)(2)(i) of this AD; or if any
discrepancies are found and Bombardier Repair Drawing 8/4-32-0160,
Issue 6, dated June 27, 2012, does not specify repairs for those
discrepancies; or repairs specified in paragraph (h)(2)(i) of this
AD cannot be accomplished: Before further flight, do the applicable
actions required by paragraph (h)(3)(i) or (h)(3)(ii) of this AD.
    (i) Repair and reinstall using a method approved by the Manager,
ANE-170, New York ACO, FAA, or Transport Canada Civil Aviation
(TCCA) (or its delegated agent, or the Design Approval Holder with
TCCA's design organization approval, as applicable).
    For a repair method to be approved, the repair approval must
specifically refer to this AD.
    (ii) Install a new or serviceable cam assembly, in accordance
with paragraph C) of Bombardier Repair Drawing 8/4-32-0160, Issue 6,
dated June 27, 2012.

(i) New Credit for Previous Actions

    This paragraph provides credit for actions required by
paragraphs (g) and (h) of this AD, if those actions were performed
before the effective date of this AD using Bombardier Repair Drawing
8/4-32-0160, Issue 5, dated June 6, 2012.

(j) New Terminating Action

    Within 6,000 flight hours or 36 months after the effective date
of this AD, whichever occurs first, replace any MLG AES cam

mechanism assembly having P/N 48510-1 or P/N 48510-3 with a new MLG
AES cam mechanism assembly having P/N 48510-5, in accordance with
the Accomplishment Instructions of Bombardier Service Bulletin 84-
32-100, Revision A, dated August 30, 2012. Accomplishing this
replacement terminates the repetitive inspections required by this
AD.

(k) New Credit for Previous Actions

    This paragraph provides credit for actions required by
paragraphs (j) of this AD, if those actions were performed before
the effective date of this AD using Bombardier Service Bulletin 84-
32-100, dated August 15, 2012.

(l) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office (ACO), ANE-170, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. ATTN: Program Manager,
Continuing Operational Safety, FAA, New York ACO, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590; telephone<PHONE_NUMBER>; fax
516-794-5531. Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office/
certificate holding district office. The AMOC approval letter must
specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer, use these actions if they
are FAA-approved. Corrective actions are considered FAA-approved if
they were approved by the State of Design Authority (or its
delegated agent, or the DAH with a State of Design Authority's
design organization approval, as applicable). You are required to
ensure the product is airworthy before it is returned to service.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian Airworthiness Directive CF-2011-01R2, dated May 21,
2013, for related information. This MCAI may be found in the AD
docket on the Internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2014-0129.
    (2) For service information identified in this AD, contact
Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt
Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>Internet
http://www.bombardier.com. You may view this service information at
the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on February 26, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-04887 Filed 3-4-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 108 (Tuesday, June 5, 2012)]
[Notices]
[Page 33211]
[FR Doc No: 2012-13507]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER12-1838-000]

Horse Butte Wind I LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Horse Butte Wind I LLC's application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is June 18, 2012.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: May 29, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-13507 Filed 6-4-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 57 (Friday, March 23, 2018)]
[Rules and Regulations]
[Pages 12677-12680]
[FR Doc No: 2018-05877]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2017-0413; FRL-9975-88--Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; 2015 Ozone National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to the State of West Virginia state implementation plan
(SIP). The revisions update the effective date by which the West
Virginia regulations incorporate by reference the national ambient air
quality standards (NAAQS), additional monitoring methods, and
additional equivalent monitoring methods. This update will effectively
add the following to the West Virginia SIP: The 2015 ozone NAAQS,
monitoring reference and equivalent methods pertaining to fine
particulate matter (PM2.5), Carbon Monoxide (CO), and course
particulate matter (PM10), and it will revise the ozone
monitoring season, the Federal Reference Method (FRM), the Federal
Equivalent Method (FEM), and the Photochemical Assessment Monitoring
Stations (PAMS) network. The SIP revision will also change a reference
from the ``West Virginia Department of Environmental Protection,'' to
the ``Division of Air Quality.'' EPA is approving these revisions in
accordance with the requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on April 23, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2017-0413. All documents in the docket are listed on
the http://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available through
http://www.regulations.gov, or please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section for additional availability
information.

FOR FURTHER INFORMATION CONTACT: Joseph Schulingkamp,<PHONE_NUMBER>,
or by email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On June 13, 2017, the State of West Virginia through the West
Virginia Department of Environmental Protection (WVDEP) submitted a
formal revision to West Virginia's SIP pertaining to amendments of
Legislative Rule, 45 CSR 8--Ambient Air Quality Standards. The SIP
revision consists of revising the effective date of the incorporation
by reference of 40 CFR parts 50 and 53.

II. Summary of SIP Revision and EPA Analysis

    West Virginia has submitted this SIP revision to update the State's
incorporation by reference of 40 CFR part 50, which contains the
Federal NAAQS, and 40 CFR part 53, which contains the ambient air
monitoring reference methods and equivalent reference methods.
Currently, the version of 45 CSR 8 in the West Virginia SIP
incorporates by reference 40 CFR parts 50 and 53 as effective on June
1, 2013; this SIP revision will update the effective date to June 1,
2016.
    In the June 13, 2017 SIP submittal, WVDEP submitted amendments to
the legislative rule which include the following changes: To section
45-8-1 (General), the filing and effective dates are changed to reflect
the update of the legislative rule; to section 45-8-3 (Adoption of
Standards), the effective dates for the incorporation by reference of
40 CFR part 50 and part 53 are changed; to section 45-8-4
(Inconsistency Between Rules), the reference to the ``West Virginia
Department of Environmental Protection,'' is changed to the ``Division
of Air Quality.'' West Virginia has amended 45 CSR 8 to revise the
filing

and effective dates of the rule to May 15, 2017 and June 1, 2017
respectively. The effective date of the incorporation by reference of
40 CFR parts 50 and 53 changed from June 1, 2013 to June 1, 2017. EPA
finds the revised version of 45 CSR 8 with new effective dates
incorporating by reference 40 CFR part 50 and part 53, as well as the
changes to the reference of the state air agency, are in accordance
with requirements in section 110 of the CAA.\1\
---------------------------------------------------------------------------

    \1\ This action, which approves West Virginia's rules
incorporating by reference the NAAQS as of a certain date, is not
affected by the recent decision in South Coast Air Quality Mgmt.
Dist. v. EPA, No. 15-1115 (D.C. Cir. Feb. 16, 2018).
---------------------------------------------------------------------------

    This update will effectively add the following to the West Virginia
SIP: The 2015 ozone NAAQS, monitoring reference and equivalent methods
pertaining to PM2.5, CO, and PM10, and it will
revise the ozone monitoring season to March 1st through October 31st,
the FRM, the FEM, and the PAMS network.
    On October 16, 2017 (82 FR 47981 and 82 FR48033), EPA
simultaneously published a notice of proposed rulemaking (NPR) and a
direct final rule (DFR) for the State of West Virginia approving the
SIP revision. EPA received five comments on the rulemaking and withdrew
the DFR prior to the effective date of December 15, 2017.

III. Response to Comments

    During the comment period, EPA received several anonymous comments
on EPA's rulemaking. EPA is responding to comments submitted on the
proposed revision to the West Virginia SIP specific to this action. All
other comments received were either supportive of or not specific to
this action and thus are not addressed here.
    Comment #1: The commenter expressed a desire for EPA to,
``[s]uspend or rescind the [past] admin rule.'' The commenter then
continued with statements not specific to this action by copying
sections from EPA's ``Policy Assessment for the Review of the Primary
National Ambient Air Quality Standard for Sulfur Oxides, External
Review Draft'' (August 2017, EPA-452/P-17-003) (Draft PA) without
providing any specific argument.
    Response #1: The comment lacks any specifics regarding what action
EPA should take regarding our proposal to incorporate by reference for
the West Virginia SIP 45 CSR 8 which incorporates all NAAQS. Based on
the context of the comment, it appears the comment is requesting that
EPA suspend or rescind the 2010 Sulfur Dioxide (SO2) NAAQS
due to a lack of available information.
    EPA is not in this action revising any SO2 NAAQS nor any
NAAQS and as such the references to the Draft PA are irrelevant. In
this action, EPA is approving, in accordance with CAA section 110, West
Virginia's request to incorporate by reference NAAQS EPA has previously
promulgated in separate unrelated rulemakings. As the comment regarding
suspending or rescinding prior ``admin'' rules such as the NAAQS is not
germane to this rulemaking, EPA provides no further response.
    Comment #2: A second comment stated that EPA should not add the
2015 ozone standard to any state's SIP as the Administrator has
publicly stated the he intends to repeal the ozone standard. The
commenter believes that his announcement can be interpreted as a
promulgation by the Agency, and EPA should not act until the review is
completed. The commenter also stated that EPA must hold off on any
ozone action until a court review is completed.
    Response #2: EPA disagrees with the commenter's assertion that the
Agency has promulgated a repeal of the 2015 ozone NAAQS through public
announcement. Until the Agency, through public notice and rulemaking,
revises any NAAQS, including the 2015 ozone NAAQS, the NAAQS remain in
place and states may seek to incorporate such NAAQS into their SIPs
under CAA section 110. In 45 CSR 8, West Virginia updated the effective
date of its incorporation by reference of the most recent version of
the Code of Federal Regulations (CFR) so that West Virginia could
incorporate by reference in its SIP all updated EPA NAAQS. While
judicial action is pending relating to implementation of the 2015 ozone
NAAQS, nothing prohibits a state like West Virginia from incorporating
by reference the 2015 ozone NAAQS into its SIP.
    Comment #3: The final comment expressed a desire for EPA to allow
the state to incorporate the Federal standards (i.e., NAAQS) on an
ongoing basis so that the State does not have to expend taxpayer
dollars and resources each time EPA updates 40 CFR parts 50 and 53 with
new or revised NAAQS. The commenter also expressed a desire for EPA to,
``slow down the regulatory changes and allow states to meet the current
standards before imposing new burdens on the states.''
    Response #3: Nothing in the CAA requires states to incorporate the
Federal standards each time EPA updates a NAAQS in 40 CFR parts 50 and
53. West Virginia has decided to incorporate the NAAQS in 45 CSR 8 that
are effective as of a certain date. West Virginia's action is
responsive to state concerns and limitations and is consistent with the
CAA, thus this SIP submittal can be approved in this final action.

IV. Final Action

    EPA is approving the amendments to Legislative Rule, 45 CSR 8--
Ambient Air Quality Standards, into the West Virginia SIP pursuant to
section 110 of the CAA.

V. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the update to West Virginia's Legislative Rule,
45 CSR 8, as effective on June 1, 2017. EPA has made, and will continue
to make, these materials generally available through
www.regulations.gov and at the EPA Region III Office (please contact
the person identified in the For Further Information Contact section of
this preamble for more information). Therefore, these materials have
been approved by EPA for inclusion in the SIP, have been incorporated
by reference by EPA into that plan, are fully federally enforceable
under sections 110 and 113 of the CAA as of the effective date of the
final rulemaking of EPA's approval, and will be incorporated by
reference by the Director of the Federal Register in the next update of
the SIP compilation.\2\
---------------------------------------------------------------------------

    \2\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

VI. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory

action because SIP approvals are exempted under Executive Order 12866.
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4);
     does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by May 22, 2018. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action, to approve West Virginia's SIP revisions to update
of the effective date by which the State regulations incorporate by
reference the Federal NAAQS, additional monitoring methods, and
additional equivalent monitoring methods, which effectively adds the
2015 ozone NAAQS and ambient air monitoring reference and equivalent
methods pertaining to PM2.5, PM10, and CO, and
changing the reference to the state air agency, may not be challenged
later in proceedings to enforce its requirements. (See section
307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.

    Dated: March 13, 2018.
Cecil Rodrigues,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart XX--West Virginia

0
2. In Sec.  52.2520, the table entitled ``EPA-Approved Regulations in
the West Virginia SIP'' in paragraph (c) is amended by revising the
entries for sections 45-8-1 through 45-8-4 to read as follows:

Sec.  52.2520  Identification of plan.

* * * * *
    (c) * * *

                                EPA-Approved Regulations in the West Virginia SIP
----------------------------------------------------------------------------------------------------------------
                                                                                Additional
 State citation [chapter 16-20 or                           State                               explanation/
             45 CSR]                   Title/subject      effective     EPA approval date    citation at 40 CFR
                                                             date                                  52.2565
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                 [45 CSR] Series 8 Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
Section 45-8-1...................  General.............       6/1/17  3/23/18, [Insert      Filing and effective
                                                                       Federal Register      dates are revised.
                                                                       Citation].
Section 45-8-2...................  Definitions.........       6/1/17  3/23/18, [Insert      Previous Approval 9/
                                                                       Federal Register      22/2014.
                                                                       Citation].
Section 45-8-3...................  Adoption of                6/1/17  3/23/18, [Insert      Effective date is
                                    Standards.                         Federal Register      revised.
                                                                       Citation].
Section 45-8-4...................  Inconsistency              6/1/17  3/23/18, [Insert      Replaced ``West
                                    Between Rules.                     Federal Register      Virginia Department
                                                                       Citation].            of Environmental
                                                                                Protection'' with
                                                                                ``Division of Air
                                                                                Quality.''

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2018-05877 Filed 3-22-18; 8:45 am]
 BILLING CODE 6560-50-P