[Federal Register Volume 79, Number 230 (Monday, December 1, 2014)]
[Proposed Rules]
[Pages 71061-71065]
[FR Doc No: 2014-28299]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2013-0786; A-1-FRL-9918-26-Region-1]

Approval and Promulgation of Air Quality Implementation Plans;
Massachusetts; Transit System Improvements

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted by the
State of Massachusetts on November 6, 2013. This proposal, if
finalized, would remove the design of the Red Line/Blue Line Connector
as a requirement in the Massachusetts SIP, without substitution or
replacement, and would implement administrative changes that lengthen
the existing public process by fifteen days and replace references to
the Executive Office of Transportation (EOT) with references to the
Massachusetts Department of Transportation (MassDOT). This action is
being taken under the Clean Air Act.

DATES: Written comments must be received on or before December 31,
2014.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2013-0786 by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: ``Docket Identification Number EPA-R01-OAR-2013-0786,''
Anne Arnold, U.S. Environmental Protection Agency, EPA New England
Regional Office, Office of Ecosystem Protection, Air Quality Planning
Unit, 5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA
02109-3912.
    5. Hand Delivery or Courier: Deliver your comments to: Anne Arnold,
Manager, Air Quality Planning Unit, U.S. Environmental Protection
Agency, EPA New England Regional Office, Office of Ecosystem
Protection, Air Quality Planning Unit, 5 Post Office Square--Suite 100,
(mail code OEP05-2), Boston, MA 02109-3912. Such deliveries are only
accepted during the Regional Office's normal hours of operation. The
Regional Office's official hours of business are Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding legal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2013-0786. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit through www.regulations.gov, or
email, information that you consider to be CBI or otherwise protected.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through www.regulations.gov your
email address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., 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 either electronically in www.regulations.gov or
in hard copy at U.S. Environmental Protection Agency, EPA New England
Regional Office, Office of Ecosystem Protection, Air Quality Planning
Unit, 5 Post Office Square--Suite 100, Boston, MA. EPA requests that if
at all possible, you contact the contact listed in the FOR FURTHER
INFORMATION CONTACT section to schedule your inspection. The Regional
Office's official hours of business are Monday through Friday, 8:30
a.m. to 4:30 p.m., excluding legal holidays.
    In addition, copies of the state submittal are also available for
public inspection during normal business hours, by appointment at the
State Air Agency; Air and Climate Division, Department of Environmental
Protection, One Winter Street, 8th Floor, Boston, MA 02108.

FOR FURTHER INFORMATION CONTACT: Donald O. Cooke, Air Quality Planning
Unit, U.S. Environmental Protection Agency, EPA New England Regional
Office, Office of Ecosystem Protection, Air Quality Planning Unit, 5
Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-
3912, telephone number<PHONE_NUMBER>, fax number<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
    Organization of this document. The following outline is provided to
aid in locating information in this preamble.

I. Background
II. Massachusetts' 2013 SIP Revision Submittal
    A. Deletion of the Design of the Red Line/Blue Line Connector
    B. Administrative Changes
III. Proposed Action
IV. Statutory and Executive Order Reviews

I. Background

    On December 9, 1991, the Massachusetts Department of Environmental
Protection (MassDEP) submitted a revision to its SIP for Transit System
Improvements and HOV (High Occupancy Vehicle) Lanes in the Metropolitan
Boston Air Pollution Control District. This SIP revision committed the
Massachusetts Executive Office of Transportation and Construction (MA
EOTC) to pursue implementation, monitoring, and enforcement of transit
system improvements and HOV lanes that were identified as
transportation and air quality mitigation measures in a 1990 Final
Supplemental Environmental Impact Statement for the Central Artery/
Third Harbor Tunnel (CA/THT) project. EPA determined five of the
proposed transportation control measures (TCMs) were necessary to help
achieve an air quality benefit from the CA/THT. This 1991 SIP revision
included the following two new regulations: 310 Code of Massachusetts
Regulations (CMR) 7.36, ``Transit System Improvements;'' and 310 CMR
7.37, ``High Occupancy Vehicle Lanes.''
    This initial transit system improvement and high occupancy vehicle
lanes SIP revision was approved by EPA on October 4, 1994 (59 FR 50495)
and required the Transit System Improvement Projects in Table 1 to be
completed and available for public use by the dates specified below:

                   Table 1--Commitment to Transit System Improvement Projects in 310 CMR 7.36
                                     [State effective date December 6, 1991]
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 Projects must be completed and available for public use by:          Transit system improvement projects
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December 31, 1992............................................  --Lynn Central Square Station and Parking Garage,
                                                               --North Station high platforms and high tracks,
                                                               --Lynn Transit Station Bus Terminal.
December 31, 1994............................................  --South Station Bus Terminal,

                                                               --South Station Track Number 12,
                                                               --Ipswich Commuter Rail Line extension to
                                                                Newburyport.
December 31, 1996............................................  --Old Colony Commuter Rail Line Extension,
                                                               --Framingham Commuter Rail Line Extension to
                                                                Worcester,
                                                               --10,000 Park and Ride and Commuter Rail parking
                                                                spaces outside of the Boston core.
December 31, 1997............................................  --Green Line Arborway Restoration.
December 31, 1998............................................  --Blue Line platform lengthening and
                                                                modernization.
December 31, 1999............................................  --10,000 Park and Ride and Commuter Rail Station
                                                                Parking spaces outside of the Boston core in
                                                                addition to those completed by December 31,
                                                                1996.
December 31, 2001............................................  --South Boston Piers Electric Bus Service.
December 31, 2011............................................  --Green Line extension to Ball Square/Tufts
                                                                University,
                                                               --Blue Line Connection from Bowdoin Station to
                                                                the Red Line at Charles Station.
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    On December 13, 2006, the MassDEP submitted a revision to its SIP
amending its Transit System Improvements Regulation. The revision
consisted of MassDEP's final amendments to 310 CMR 7.36, ``Transit
System Improvements,'' with a state effective date of December 1, 2006.
In the revised rule, three of the SIP-required projects, the Green Line
Arborway Restoration, the Blue Line Connection from Bowdoin Station to
the Red Line at Charles Station, and the Green Line extension to Ball
Square/Tufts University, were replaced by the Fairmount Line commuter
rail improvements project (construction to be completed and opened to
full public use by December 31, 2011), 1,000 new park and ride parking
spaces serving Massachusetts Bay Transportation Authority (MBTA)
transit and commuter rail in the Metropolitan Boston Area (construction
to be completed and opened to full public use by December 31, 2011),
final design of the connection from the Blue Line at Government Center
to the Red Line at Charles Station (final design before December 31,
2011, but no commitment to its construction), and an enhanced Green
Line transit extension to Medford Hillside with a spur to Union Square
(construction to be completed and opened to full public use by December
31, 2014).
    On June 1, 2007, MassDEP supplemented its December 13, 2006 SIP
revision with Massachusetts Executive Office of Transportation's
(EOT's) amended air quality modeling analysis report (``Description of
Modeling Assumptions and Analysis Methodology for the State
Implementation Plan Transit Commitment Projects Current and Proposed
Substitutions,'' dated March 15, 2007) and a letter determining that
EOT had met the requirements of 310 CMR 7.36(8), Determination of Air
Quality Emissions Reductions, including a determination that the
Fairmount Line improvements, 1,000 new park-and-ride parking spaces,
and the Green Line extension to Medford Hillside with a spur to Union
Square would achieve at least 110% of the emissions reductions that
would have been achieved had the Arborway Restoration, Red Line/Blue
Line Connector, and Green Line extension to Ball Square been
constructed. EOT held a public comment period on the modeling analysis
report for a 45-day period commencing on January 2, 2007. EOT then
amended the report based on comments received and commenced an
additional two-week public comment period on March 21, 2007, following
posting in the Massachusetts' ``Environmental Monitor.'' MassDEP also
submitted EOT's responses to public comments received as part of the
supplemental materials.
    On November 5, 2007 (72 FR 62422), EPA published a Notice of
Proposed Rulemaking for the Commonwealth of Massachusetts' December 13,
2006 SIP revision as amended by the June 1, 2007 supplement. [See EPA
Docket number EPA-R01-OAR-2006-1018 at www.regulations.gov]. In
evaluating the proposed replacement/substitution transit projects for
the Green Line Arborway Restoration, the Red Line/Blue Line Connector,
and the Green Line extension to Ball Square/Tufts University (see Table
2), EPA ensured that the substitution provisions in 310 CMR 7.36(5),
Substitute Transit System Improvement Projects, which were adopted into
the Massachusetts SIP, were satisfied and followed the ``Interim
Guidance for Implementing the Transportation Conformity Provisions in
the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (SAFETEA-LU),'' (EPA420-B-06-901, February 2006). As
Massachusetts' TCM substitution mechanisms were approved into the SIP
prior to SAFETEA-LU's enactment, Massachusetts must continue to use its
SIP-approved TCM substitution mechanisms in addition to the new
SAFETEA-LU statutory provision, as applicable, to make substitutions.

                    Table 2--Replacement Transit System Improvement Projects in 310 CMR 7.36
                                     [State effective date December 1, 2006]
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                                                                 Transit system improvement projects to replace
                                                                 the Green Line Arborway Restoration, the Blue
 Projects must be  completed and available for public use by:   Line  Connection from Bowdoin Station to the Red
                                                                  Line at Charles Station, and the Green Line
                                                                   extension to Ball Square/Tufts University:
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December 31, 2011............................................  --Fairmont Line commuter rail improvements
                                                                project.
December 31, 2011............................................  --1000 new park and ride parking spaces serving
                                                                MBTA transit and commuter rail in the
                                                                Metropolitan Boston Area.
December 31, 2011............................................  --Final design of the connection from the Blue
                                                                Line at Government Center to the Red Line at
                                                                Charles Station. [Final design but no commitment
                                                                to its construction].
December 31, 2014............................................  --Enhanced Green Line transit extension to
                                                                Medford Hillside with a spur to Union Square.
----------------------------------------------------------------------------------------------------------------

    On July 31, 2008 (73 FR 44654), EPA approved Massachusetts'
amendments to Transit System Improvements Regulation, 310 CMR 7.36, and
Definitions Regulation, 310 CMR 7.00 (with a state effective date of
December 1, 2006), as a revision to the Massachusetts SIP. This
revision changed completion dates of delayed transit projects, provided
interim deadlines for projects, maintained requirements for interim
emission reduction offsets in the event a project becomes delayed,
modified the project substitution process, revised the list of required
transit projects, and expanded public participation in, and oversight
of, the projects. The intended effect of this action was to substitute
specific transit projects and 1,000 park and ride spaces to replace
certain transit projects previously approved into the SIP and to
approve modifications to the delay and substitution procedures for
transit projects.
    EPA found that the transit measures in the December 1, 2006 Revised
Transit System Improvements Regulation remained directionally sound and
that all substitution projects identified in the Regulation would
collectively contribute to achieving the national ambient air quality
standard for ozone and maintaining the carbon monoxide standard,
thereby satisfying requirements set forth in section 110(l) of the
Clean Air Act.

II. Massachusetts' 2013 SIP Revision Submittal

    Massachusetts Air Pollution Control regulation 310 CMR 7.36,
``Transit System Improvements'' (effective December 1, 2006), is
currently incorporated-by-reference into the SIP. The Commonwealth's
November 6, 2013 SIP submittal requests that EPA approve the
replacement of this regulation in the SIP by an amended 310 CMR 7.36,
``Transit System Improvements'' (effective October 25, 2013). The
amended regulation: (1) Deletes the SIP requirement to design the Red
Line/Blue Line Connector from the Blue Line at Government Center to the
Red Line at Charles Station; (2) lengthens by fifteen days the time
within which MassDEP must hold a public meeting to take public comment
on MassDOT's annual update and status report; and (3) replaces
references to Executive Office of Transportation and EOT with
Massachusetts Department of Transportation and MassDOT, respectively.
These three amendments are addressed in more detail below.
    EPA's role in this proposed action is to approve state choices,
provided they meet the criteria of the Clean Air Act. An adequate SIP
revision is one that meets the Clean Air Act requirement under section
110(l) that a SIP revision must not interfere with attainment and
maintenance of national ambient air quality standards (NAAQS) or any
other applicable requirement of the Act. The Commonwealth has
flexibility to revise SIP-approved TCMs, provided the revisions are
consistent with attaining and maintaining compliance with the NAAQS.

A. Deletion of the Design of the Red Line/Blue Line Connector

    The first amendment deletes the requirement that MassDOT complete
the final design of the Red Line/Blue Line Connector from the Blue Line
at Government Center to the Red Line at Charles Station by December 31,
2011. Although 310 CMR 7.36(2)(i), as adopted in 2006, required MassDOT
to complete the final design of the Red Line/Blue Line Connector, the
regulation did not require that the project be constructed. MassDOT
took a number of steps to advance the Red Line/Blue Line Connector
design, including, but not limited to, allocating resources to advance
the conceptual design, completing a Draft Environmental Impact Report,
and forming and meeting with a working group. MassDOT has estimated
that $50 million would be needed to complete the final design, far
exceeding the $29 million last identified in the Boston Metropolitan
Planning Organization (MPO) 2009 Regional Transportation Plan (RTP).
MassDOT has determined that allocating additional and scarce
transportation funding to the final design of the project is not
justified. Therefore, in July 2011, MassDOT requested that MassDEP
remove the Red Line/Blue Line Connector design from the regulation and
the SIP.
    SAFETEA-LU, which was signed into law on August 10, 2005, revised a
number of aspects of the Clean Air Act's section 176(c) transportation
conformity provisions. In addition to amendments to the transportation
conformity provisions, SAFETEA-LU also added a provision to section
176(c) to allow states to substitute or add TCMs into approved SIPs
without the standard SIP revision process. This allowed a streamlined
process for substituting and adding TCMs to an approved SIP. Where a
substitution is not proposed, however, a TCM may only be removed from
an applicable SIP through a standard SIP revision. Such a SIP revision
must be shown to meet Clean Air Act section 110(l) requirements (e.g.,
the area would have to show that removal of the TCM would not interfere
with any applicable requirement concerning attainment and reasonable
further progress, or any other applicable Clean Air Act requirement).
    Since the Massachusetts SIP revision is for the removal of a SIP
requirement without replacement or substitution, EPA believes the
provisions of 310 CMR 7.36(5), Substitute Transit System Improvement
Projects, and EPA's Guidance for Implementing the Clean Air Act Section
176(c)(8) Transportation Control Measure Substitution and Addition
Provision do not apply.\1\ Most importantly, as the previously approved
SIP requirement is for design only, removing this requirement from the
SIP will not affect the total emission reductions achieved from the
projects included in the Massachusetts Transit System Improvements
Regulation and would not interfere with any applicable requirement
concerning attainment and reasonable further progress, or any other
applicable Clean Air Act requirement, thereby satisfying the
requirements set forth in section 110(l) of the Clean Air Act.
Therefore, EPA is proposing to approve this amendment.
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    \1\ The guidance is available at http://www.epa.gov/otaq/stateresources/transconf/policy/420b09002.pdf.
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B. Administrative Changes

    EOT/MassDOT, in consultation with the MBTA, is required to develop
and submit to MassDEP by July 1st of each year a report for each
project required by the Transit System Improvements Regulation [310 CMR
7.36(2)(f) through (j) and any project implemented pursuant to 310 CMR
7.36(4) and (5)] in accordance with the provisions established at 310
CMR 7.36(7)(a) of the Transit System Improvements Regulation's Public
Process Requirements. Following receipt of the report, MassDEP is
required to conduct a public meeting to take public comment on EOT/
MassDOT's update and status report. Because MassDEP is required to
conduct the public meeting within 60 days of its receipt of the report,
there have been conflicts with the Labor Day Holiday and the end of
summer season. Therefore, in the revised regulation submitted on
November 6, 2013, MassDEP lengthened the public meeting deadline to
within 75 days of the receipt of the report to avoid these conflicts.
The additional fifteen days will still result in a timely hearing on
MassDOT's updates and reports, and should enable more stakeholders and
members of the public to participate.
    MassDEP shall continue to provide public notice at least 30 days
prior to

the public meeting and shall also make copies of MassDOT's annual
update and status report available to the public at least 30 days prior
to the public meeting. EPA finds the fifteen day extension acceptable
since it will benefit the public review and comment opportunities and
will not affect emissions or interfere with any applicable requirement
concerning attainment and reasonable further progress or any other
applicable Clean Air Act requirement. Therefore, EPA is proposing to
approve this amendment. If our proposal is finalized, MassDEP will hold
future public meeting on the annual update and status report within
seventy-five days of MassDEP's receipt of the report. See 310 CMR
7.36(7)(b).
    In addition, in the revised regulation submitted on November 6,
2013, the terms ``Executive Office of Transportation'' and ``EOT'' have
been replaced with ``Massachusetts Department of Transportation'' and
``MassDOT,'' respectively, to reflect Chapter 25 of the Acts of 2009.
In June 2009, Governor Deval Patrick signed Chapter 25 of the Acts of
2009, ``An Act Modernizing the Transportation Systems of the
Commonwealth of Massachusetts,'' (as amended by Chapter 26 of the
``Act''). This transportation reform legislation integrated
transportation agencies and authorities into a new, streamlined
MassDOT, which is a merger of the Executive Office of Transportation
and Public Works (EOT) and its divisions with the Massachusetts
Turnpike Authority (MTA), the Massachusetts Highway Department (MHD),
the Registry of Motor Vehicles (RMV), the Massachusetts Aeronautics
Commission (MAC), and the Tobin Bridge, currently owned and operated by
the Massachusetts Port Authority (MPA). In addition, the MBTA and
Regional Transit Authorities (RTA) are subject to oversight by the new
organization. The organization also assumed responsibility for many of
the bridges and parkways currently operated by the Department of
Conservation and Recreation (DCR).
    EPA is proposing to approve these administrative changes, which do
not interfere with attainment and reasonable further progress or any
other applicable Clean Air Act requirement, and which will, if
finalized, make the SIP consistent with State agency organization.

III. Proposed Action

    EPA is proposing to approve Massachusetts' revised 310 CMR 7.36,
``Transit System Improvements,'' submitted on November 6, 2013, as a
revision to the Massachusetts SIP. This revised rule: (1) Deletes the
existing SIP requirement to design the Red Line/Blue Line Connector
from the Blue Line at Government Center to the Red Line at Charles
Station (310 CMR 7.36(2)(i)); (2) lengthens by fifteen days the time
within which MassDEP must hold a public meeting to take public comment
on MassDOT's annual update and status report (310 CMR 7.36(7)(b)); and
(3) replaces references to Executive Office of Transportation and EOT
with references to Massachusetts Department of Transportation and
MassDOT, respectively.
    EPA's review of the material submitted on November 6, 2013 to
remove the ``design only'' of the Red Line/Blue Line Connector from the
Massachusetts SIP; add administrative changes to lengthen portions of
the public process under 310 CMR 7.36(2)(i); and update references to
the appropriate State transportation agency, indicates that the
proposed modifications would not interfere with any applicable
requirement concerning attainment and reasonable further progress, or
any other applicable Clean Air Act requirement.
    EPA is soliciting public comments on the issues discussed in this
notice or on other relevant matters. These comments will be considered
before taking final action. Interested parties may participate in the
Federal rulemaking procedure by submitting written comments to the EPA
New England Regional Office listed in the ADDRESSES section of this
Federal Register.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act 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 Clean Air Act.
Accordingly, this proposed 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 proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     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 Clean Air Act; 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.

List of Subjects in 40 CFR Part 52

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

    Dated: November 6, 2014.
Deborah A. Szaro,
Acting Regional Administrator, EPA New England.
[FR Doc. 2014-28299 Filed 11-28-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 188 (Monday, September 28, 2020)]
[Notices]
[Pages 60873-60874]
[FR Doc No: 2020-21325]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0044]

Commercial Driver's License: Ohio Department of Public Safety;
Application for Exemption

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to deny the Ohio Department of
Public Safety's (DPS) request for an exemption to modify the mandatory
skills test requirements for qualified military veterans. FMCSA has
determined that the applicant did not provide an alternative to ensure
that an equivalent level of safety would be achieved under the
exemption. Furthermore, although a majority of the docket comments
favored the exemption, none provided supporting data.

DATES: This decision is effective September 28, 2020.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and
Carrier Operations Division; Telephone:<PHONE_NUMBER>; Email:
<EMAIL_ADDRESS>If you have questions on viewing or submitting material
to the docket, contact Docket Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to www.regulations.gov and insert
the docket number, FMCSA-2019-0044 in the ``Keyword'' box and click
``Search.'' Next, click the ``Open Docket Folder'' button and choose
the document to review. If you do not have access to the internet, you
may view the docket online by visiting the Docket Management Facility
in Room W12-140 on the ground floor of the DOT West Building, 1200 New
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m.,
e.t., Monday through Friday, except Federal holidays.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain Federal Motor Carrier Safety Regulations
(FMCSRs). FMCSA must publish a notice of each exemption request in the
Federal Register (49 CFR 381.315(a)). The Agency must provide the
public an opportunity to inspect the information relevant to the
application, including any safety analyses that have been conducted.
The Agency must provide an opportunity for public comment on the
request.
    The Agency reviews the safety analyses and public comments
submitted, and determines whether granting the exemption would likely
achieve a level of safety equivalent to, or greater than, the level
that would be achieved by the current regulation (49 CFR 381.305). The
Agency's decision must be published in the Federal Register (49 CFR
381.315(b)) with the reasons for denying or granting the application
and, if granted, the name of the person or class of persons receiving
the exemption, and the regulatory provision from which the exemption is
granted. The notice must specify the effective period (up to 5 years)
and explain its terms and conditions. The

exemption may be renewed (49 CFR 381.300(b)).

III. Request for Exemption

    The Ohio DPS requested an exemption from the requirement in 49 CFR
383.77(b)(2)(i)(A) and (C) that an applicant for a skills test waiver
certify that he/she (1) is regularly employed or was so employed within
the last year in a military position requiring operation of a CMV, and
(2) operated a vehicle representative of the CMV that the driver
operates or expects to operate for at least 2 years immediately
preceding discharge from the military. In lieu of those requirements,
Ohio DPS proposed that the applicant be required to have held a
military position that required operation of a CMV for at least 2 years
sometime during his/her military career, thus eliminating the current
1-year window to apply for a skills test waiver.
    According to Ohio DPS, its goal is to promote the opportunities for
experienced CMV operators who have served in the military by reducing
the regulatory burden of obtaining a CDL. By doing so, Ohio DPS hopes
that an increase in the population of CDL holders will benefit the Ohio
transportation industry, and create better civilian employment
opportunities for Ohio veterans and service members.
    In addition, as this issue could be applicable in each of the
States, FMCSA requested public comment on whether the exemption, if
granted, should cover all State Driver's Licensing Agencies (SDLAs).
    A copy of the Ohio DPS's application for exemption is available for
review in the docket for this notice.

IV. Method To Ensure an Equivalent or Greater Level of Safety

    To ensure an equivalent or greater level of safety, Ohio DPS
proposed a skills test waiver process in which the applicant would
submit the following documentation to the Bureau of Motor Vehicles: (1)
A violation-free driving record for the last 2 years; (2) proof of
being regularly employed in a military position requiring operation of
a CMV; and (3) proof of experience operating a representative vehicle
which was exempt from the requirements of 49 CFR 383.113(c) for at
least 2 years. In addition, applicants would be required to submit an
Ohio waiver form similar to FMCSA's Military Skills Test Waiver form,
currently found on FMCSA's website.

V. Public Comments

    On April 18, 2019, FMCSA published notice of the application and
requested public comment (84 FR 16330). The Agency received 37
comments, 35 of which favored both the exemption and its extension to
all SDLAs. Among the advocates for the exemption were the Pennsylvania
Department of Transportation (PennDOT); the American Beverage
Association; the Ohio Trucking Association; the Ohio Propane Gas
Association; and the National Propane Gas Association (NPGA); and two
individual commenters. Additionally, 27 Members of Congress jointly
expressed support for the application. A primary reason cited for the
exemption was the trucking industry's serious need for qualified,
skilled drivers. Commenters believed that the exemption would be a
positive step toward addressing that need and would simultaneously
credit the relevant skills and experience gained through military
service toward obtaining a CDL.
    NPGA stated, ``. . . It is clear that the depth and breadth of
military vehicle training is beyond the civilian skills assessment for
a CDL. Similarly, it is evident that military supervisors possess
considerable expertise to assess the adequacy of an individual's skills
during military service. Thus, the training, assessment, and
supervision that a veteran received during military service presents at
least the same level of safety, if not greater, as the level of safety
achieved by administering the skills assessment of the CDL exam to
military veterans.''
    Two individuals opposed the Ohio DPS request. One commenter noted
that ``No length of time is stipulated, hence a driver who drove a
military vehicle 10 years ago would qualify even though he has no
recent experience. Vehicles change frequently with upgrades to safety
and technology.''

VI. FMCSA Response and Decision

    FMCSA has evaluated the Ohio DPS' application and the public
comments and has concluded that the applicant did not provide an
alternative that would ensure an equivalent level of safety under the
exemption. Although a majority of the docket commenters favored the
exemption, none provided supporting data. The Agency does not have data
to determine whether the skills required to operate a CMV decline over
time when not used regularly, which the exemtion application would
allow. For these reasons the Agency has decided to deny the exemption
request.

James W. Deck,
Deputy Administrator.
[FR Doc. 2020-21325 Filed 9-25-20; 8:45 am]
BILLING CODE P


[Federal Register Volume 87, Number 133 (Wednesday, July 13, 2022)]
[Notices]
[Pages 41708-41709]
[FR Doc No: 2022-14920]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP22-141-000]

Great Basin Gas Transmission Company; Notice of Schedule for the
Preparation of an Environmental Assessment for the 2023 Mainline
Replacement Project

    On March 30, 2022, Great Basin Gas Transmission Company (Great
Basin) filed an application in Docket No. CP22-141-000 requesting a
Certificate of Public Convenience and Necessity pursuant to Section
7(c) to construct and operate certain natural gas pipeline facilities
and Authorization pursuant to Section 7(b) of the Natural Gas Act to
abandon certain natural gas pipeline facilities. The proposed project
is known as the 2023 Mainline Replacement Project (Project) and would
involve abandoning and replacing a segment of pipeline in Humboldt
County, Nevada to address indications that the subject pipeline segment
is approaching the end of its useful life.
    On April 13, 2022, the Federal Energy Regulatory Commission
(Commission or FERC) issued its Notice of Application for the Project.
Among other things, that notice alerted agencies issuing federal
authorizations of the requirement to complete all necessary reviews and
to reach a final decision on a request for a federal authorization
within 90 days of the date of issuance of the Commission staff's
environmental document for the Project.
    This notice identifies Commission staff's intention to prepare an
environmental assessment (EA) for the Project and the planned schedule
for the completion of the environmental review.\1\
---------------------------------------------------------------------------

    \1\ 40 CFR 1501.10 (2020).
---------------------------------------------------------------------------

Schedule for Environmental Review

Issuance of EA--November 10, 2022
90-day Federal Authorization Decision Deadline \2\--February 8, 2023
---------------------------------------------------------------------------

    \2\ The Commission's deadline applies to the decisions of other
federal agencies, and state agencies acting under federally
delegated authority, that are responsible for federal
authorizations, permits, and other approvals necessary for proposed
projects under the Natural Gas Act. Per 18 CFR 157.22(a), the
Commission's deadline for other agency's decisions applies unless a
schedule is otherwise established by federal law.

    If a schedule change becomes necessary, additional notice will be
provided so that the relevant agencies are kept informed of the
Project's progress.

Project Description

    Great Basin proposes to abandon in-place approximately 20.4 miles
of its existing 16-inch-diameter steel pipeline and construct, as
replacement, approximately 20.4 miles of new 16-inch-diameter steel
pipeline in Humboldt County, Nevada. The replacement pipeline would be
constructed approximately 20 feet from the existing pipeline to be
abandoned beginning just south of US-95, north of Winnemucca, Nevada,
and ending south of State Highway 49/Jungo Road near Great Basin's
existing Elko Lateral Tap. The Project would also include removal of
existing valves and replacement with new valves and associated
appurtenances within Great Basin's existing Elko Lateral Tap.

Background

    On May 16, 2022, the Commission issued a Notice of Scoping Period
Requesting Comments on Environmental Issues for the Proposed 2023
Mainline Replacement Project and Notice of Public Scoping Session
(Notice of Scoping). The Notice of Scoping was sent to affected
landowners; federal, state, and local government agencies; elected
officials; environmental and public interest groups; Native American
tribes; other interested parties; and local libraries and newspapers.
In response to the Notice of Scoping, the Commission received comments
from the Nevada State Historic Preservation Officer, Environmental
Protection Agency, and Teamsters National Pipeline Labor Management
Cooperation Trust. The primary issues and topics raised by the
commenters are consultation under Section 106 of the National Historic
Preservation Act and recommendations

for what the environmental analysis should include regarding purpose
and need, alternatives, scope of the assessment, environmental
baseline, climate change, air quality, water resources, spills and
hazardous materials, habitat and wildlife, environmental justice, land
use, tribal consultations, and monitoring and adaptive management. We
also received a comment letter promoting the use of Teamster union
member pipeline workers and its union contractors to build the Project.
All substantive comments will be addressed in the EA.
    The Bureau of Land Management and Environmental Protection Agency
are cooperating agencies in the preparation of the EA.

Additional Information

    In order to receive notification of the issuance of the EA and to
keep track of formal issuances and submittals in specific dockets, the
Commission offers a free service called eSubscription. This service
provides automatic notification of filings made to subscribed dockets,
document summaries, and direct links to the documents. Go to https://www.ferc.gov/ferc-online/overview to register for eSubscription.
    Additional information about the Project is available from the
Commission's Office of External Affairs at (866) 208-FERC or on the
FERC website (www.ferc.gov). Using the ``eLibrary'' link, select
``General Search'' from the eLibrary menu, enter the selected date
range and ``Docket Number'' excluding the last three digits (i.e.,
CP22-141), and follow the instructions. For assistance with access to
eLibrary, the helpline can be reached at<PHONE_NUMBER>, TTY (202) 502-
8659, or at [email protected]. The eLibrary link on the FERC
website also provides access to the texts of formal documents issued by
the Commission, such as orders, notices, and rule makings.

    Dated: July 7, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-14920 Filed 7-12-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: February 10, 2010 (Volume 75, Number 27)]
[Notices]
[Page 6655-6656]
[DOCID:fr10fe10-54]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0054; FRL-8810-9]

Disulfoton Registration Review Decision; Notice of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the availability of EPA's registration
review decision for the pesticide disulfoton, case 0102. Registration
review is EPA's periodic review of pesticide registrations to ensure
that each pesticide continues to satisfy the statutory standard for
registration, that is, that the pesticide can perform its intended
function without causing unreasonable adverse effects on human health
or the environment. Through this program, EPA is ensuring that each
pesticide's registration is based on current scientific and other
knowledge, including its effects on human health and the environment.

FOR FURTHER INFORMATION CONTACT:  For pesticide specific information,
contact: Eric Miederhoff, Pesticide Re-evaluation Division (7508P),
Office of Pesticide Programs, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(703) 347-8028; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>    For general information on the registration review program,
contact: Kevin Costello, Pesticide Re-evaluation Division (7508P),
Office of Pesticide Programs, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(703) 305-5026; fax number:<PHONE_NUMBER>; e-mail address:
costello.kevin @epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, farm worker, and agricultural advocates; the chemical industry;
pesticide users; and members of the public interested in the sale,
distribution, or use of pesticides. Since others also may be
interested, the Agency has not attempted to describe all the specific
entities that may be affected by this action. If you have any questions
regarding the applicability of this action to a particular entity,
consult the pesticide specific contact person listed under FOR FURTHER
INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

    EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2009-0054. Publicly available
docket materials are available either in the electronic docket at
http://www.regulations.gov, or, if only available in hard copy, at the
Office of Pesticide Programs (OPP) Regulatory Public Docket in Rm. S-
4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington,
VA. The hours of operation of this Docket Facility are from 8:30 a.m.
to 4 p.m., Monday through Friday, excluding legal holidays. The Docket
Facility telephone number is<PHONE_NUMBER>.

II. Background

A. What Action is the Agency Taking?

    Pursuant to 40 CFR 155.58(c), this notice announces the
availability of EPA's registration review decision for disulfoton, case
0102. Disulfoton is an organophosphate insecticide used in agricultural
settings on a variety of food and non-food/non-feed crops and in
residential settings on ornamentals.
    Pursuant to 40 CFR 155.57, a registration review decision is the
Agency's determination whether a pesticide meets, or does not meet, the
standard for registration in FIFRA. EPA has considered disulfoton in
light of the FIFRA standard for registration. The Disulfoton Decision
document in the docket describes the Agency's rationale for issuing a
registration review decision for this pesticide.
    In addition to the registration review decision document, the
registration review docket for disulfoton also includes other relevant
documents related to the registration review of this case. The proposed
registration review decision was announced on October 23, 2009, and the
public was invited to submit any comments or new information. During
the 60-day comment period, no public comments were received.
    Background on the registration review program is provided at:
http://www.epa.gov/oppsrrd1/registration_review. Links to earlier
documents related to the registration

review of this pesticide are provided at: http://www.epa.gov/oppsrrd1/
registration_review/disulfoton/index.htm.

B. What is the Agency's Authority for Taking this Action?

    Section 3(g) of FIFRA and 40 CFR part 155, subpart C, provide
authority for this action.

List of Subjects

    Environmental protection, Registration review, Pesticides and
pests, Disulfoton.

    Dated: January 29, 2010.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.

[FR Doc. 2010-2669 Filed 2-9-10; 8:45 am]
BILLING CODE 6560-50-S


[Federal Register Volume 87, Number 113 (Monday, June 13, 2022)]
[Proposed Rules]
[Pages 35691-35692]
[FR Doc No: 2022-12636]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-0759; Airspace Docket No. 22-ASW-14]
RIN 2120-AA66

Proposed Establishment of Class E Airspace; Vinita, OK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to establish Class E airspace at Vinita,
OK. The FAA is proposing this action to support the establishment of
public instrument procedures at Vinita Municipal Airport, Vinita, OK.

DATES: Comments must be received on or before July 28, 2022.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590; telephone
(202) 366-9826, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2022-0759/Airspace Docket No. 22-ASW-14 at the beginning of your
comments. You may also submit comments through the internet at https://www.regulations.gov. You may review the public docket containing the
proposal, any comments received, and any final disposition in person in
the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through
Friday, except federal holidays.
    FAA Order JO 7400.11F, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

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

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

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

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2022-0759/
Airspace Docket No. 22-ASW-14.'' The postcard will be date/time stamped
and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at https://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at https://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Federal Aviation Administration, Air Traffic
Organization, Central Service Center, Operations Support Group, 10101
Hillwood Parkway, Fort Worth, TX 76177.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order JO 7400.11F, Airspace
Designations and Reporting Points, dated August 10, 2021, and effective
September 15, 2021. FAA Order JO 7400.11F is publicly available as
listed in the ADDRESSES section of this document. FAA Order JO 7400.11F
lists Class A, B, C, D, and E airspace areas, air traffic service
routes, and reporting points.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 by establishing
Class E airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of Vinita Municipal Airport, Vinita, OK.
    This action supports the establishment of public instrument
procedures at Vinita Municipal Airport.
    Class E airspace designations are published in paragraph 6005 of
FAA Order JO 7400.11F, dated August 10, 2021, and effective September
15, 2021, which is incorporated by reference in 14 CFR 71.1. The Class
E airspace designations listed in this document will be published
subsequently in FAA Order JO 7400.11.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.

Regulatory Notices and Analyses

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

is certified that this rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, Environmental Impacts: Policies and
Procedures, prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

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

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

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

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11F, Airspace Designations and Reporting Points, dated August 10,
2021, and effective September 15, 2021, is amended as follows:

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

* * * * *

ASW OK E5 Vinita, OK [Establish]

Vinita Municipal Airport, OK
    (Lat. 36[deg]36'53'' N, long. 95[deg]09'06'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of Vinita Municipal Airport.

    Issued in Fort Worth, Texas, on June 7, 2022.
Martin A. Skinner,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2022-12636 Filed 6-10-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 45 (Tuesday, March 8, 2022)]
[Rules and Regulations]
[Pages 12860-12861]
[FR Doc No: 2022-04860]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2016-0963]
RIN 1625-AA09

Drawbridge Operation Regulation; Tchefuncta River

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is changing the operating schedule that
governs the State Route 22 (SR 22) drawbridge across the Tchefuncta
River mile 2.5, Madisonville, St. Tammany Parish, Louisiana. This
action is necessary to relieve vehicular traffic congestion along SR 22
near Madisonville, LA during peak traffic periods on weekdays.

DATES: This rule is effective April 7, 2022.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov. Type USCG-
2016-0963 in the ``SEARCH'' box and click ``SEARCH.'' In the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email call or email Mr. Doug Blakemore, Eighth Coast Guard
District Bridge Administrator; telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec.  Section
SR State Road
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard has published numerous rulemaking documents in the
Federal Register on this bridge: A temporary deviation to the
regulations November 4, 2016 (81 FR 76866); NPRM November 4, 2016 (81
FR 76889); a Supplemental NPRM June 14, 2018 (83 FR 27730); and a final
rule October 25, 2018 (85 FR 53810). Each rulemaking addressed changing
the operating schedule to the bridge to relieve vehicle congestion
along SR 22 in Madisonville, LA.
    On April 23, 2021 the Town of Madisonville, LA requested that the
Coast Guard revisit changing the operating schedule and close the
drawbridge to vessel traffic during morning vehicle peak periods and
that the bridge only open to vessels during the day on the hour. The
Coast Guard published a NPRM August 31, 2021 (86 FR 48923) to solicit
public comments on this proposed rule change.
    The Coast Guard determined that the Town of Madisonville had
provided sufficient information to relieve vehicle congestion by
closing the bridge to vessel traffic from 6 a.m. to 8 a.m. and 4 p.m.
to 6 p.m. and opening the bridge from 8 a.m. to 4 p.m. on the hour vice
every half hour. This change allows vehicles to travel along SR 22
unimpeded by bridge openings for 2 two periods during the weekday
morning and afternoon commutes. It also decreases the number of times
that the bridge opens during the day by opening on the hour for vessels
to pass 7 days a week. During the comment period that ended on November
1, 2021, we received 18 comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
The Eighth Coast Guard District Commander has determined that this
change to the operating schedule of the Madisonville (SR 22) swing span
drawbridge across the Tchefuncta River mile 2.5, Madisonville, St.
Tammany Parish, Louisiana allows it to remain closed to marine traffic
for 2 two hour periods and to open on the hour during days is necessary
and reasonable. The purpose of this rule is to alleviate vehicle
congestion on SR 22 and meet the reasonable needs of vessels to use the
Tchefuncta River.

IV. Discussion of Comments, Changes and the Final Rule

    As mentioned above we received 18 comments on the NPRM published
August 1, 2021. Fifteen comments were in favor of the rule change. One
comment was against the rule change and 2 comments addressed other
issues not related to the NPRM. The commenter against the rule stated
that the rule would have little impact to vehicle traffic because there
are few bridge openings during weekdays, minimal openings in the
afternoon peak vehicle traffic hours and there are minimal bridge
openings on the weekends.
    Vehicle congestion along SR 22 is well documented by other public
comments, meetings, and data and information gathered during this rule
change. Vehicle congestion is particularly significant during morning
and evening commuting and school hours. In promulgating drawbridge
rules the Coast Guard balances the needs of land transportation and
vessel traffic. The bridge opens on average 8 times per day Monday
through Sunday. The rule will provide a positive impact to vehicle
traffic by reducing the amount of time that the bridge is required to
open and will provide vessels with the reasonable ability to use the
waterway.
    This final rule changes the Madisonville (SR 22) swing span bridge
operating schedule and allows the bridge to open on signal on the hour
from 6 a.m. to 6 p.m. except that on Monday through Friday the bridge
will not open from 6 a.m. to 8 a.m. and from 4 p.m. to 6 p.m. The
bridge opens on signal from 6 p.m. to 6 a.m. each day. This allows
vehicles to travel along SR 22 near Madisonville, LA unimpeded by
bridge openings at the above times. There are no other changes to the
operating schedule. The regulatory text appears at the end of this
document.

IV. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive Orders, and we
discuss First Amendment rights of protesters.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, it has
not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the ability that
vessels can still transit the bridge given advanced notice.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the

potential impact of regulations on small entities during rulemaking.
The term ``small entities'' comprises small businesses, not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields, and governmental jurisdictions with
populations of less than 50,000. The Coast Guard received no comments
from the Small Business Administration on this rule. The Coast Guard
certifies under 5 U.S.C. 605(b) that this rule will not have a
significant economic impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the
bridge may be small entities, for the reasons stated in section IV.A
above, this rule will not have a significant economic impact on any
vessel owner or operator.
    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
section.
    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.

C. 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).

D. Federalism and Indian Tribal Government

    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 have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, 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.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, Rev.1, associated implementing
instructions, and Environmental Planning Policy COMDTINST 5090.1
(series) which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). The
Coast Guard has 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 promulgates the operating
regulations or procedures for drawbridges and is categorically excluded
from further review, under paragraph L49, of Chapter 3, Table 3-1 of
the U.S. Coast Guard Environmental Planning Implementation Procedures.
    Neither a Record of Environmental Consideration nor a Memorandum
for the Record are required for this rule.

G. Protest Activities

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

List of Subjects in 33 CFR Part 117

    Bridges.

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

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

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

0
2. Revise Sec.  117.500 to read as follows:

Sec.  117.500  Tchefuncta River.

    The draw of the SR 22 Bridge, mile 2.5, at Madisonville, LA shall
operate according to the following schedule. On Monday through Friday
the draw will operate as follows: From 6 p.m. to 5:59 a.m. the draw
will open on signal; from 6 a.m. to 7:59 a.m. the draw need not open;
from 8 a.m. to 4 p.m. the draw will open on signal on the hour; from
4:01 p.m. to 6 p.m. the draw need not open. On Saturday and Sunday the
draw will operate as follows: From 6 p.m. to 6 a.m. the draw will open
on signal; from 6 a.m. to 6 p.m. the draw will open on signal on the
hour.

    Dated: February 3, 2022.
R.V. Timme,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2022-04860 Filed 3-7-22; 8:45 am]
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[Federal Register Volume 85, Number 238 (Thursday, December 10, 2020)]
[Notices]
[Page 79494]
[FR Doc No: 2020-27162]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3542-EM; Docket ID FEMA-2020-0001]

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

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of an emergency declaration for
the State of Oregon (FEMA-3542-EM), dated September 10, 2020, and
related determinations.

DATES: This amendment was issued November 20, 2020.

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

SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident
period for this emergency is closed effective September 15, 2020.

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

Pete Gaynor,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2020-27162 Filed 12-9-20; 8:45 am]
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