[Federal Register: August 4, 2010 (Volume 75, Number 149)]
[Proposed Rules]
[Page 46864-46868]
[DOCID:fr04au10-11]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0225; Directorate Identifier 2009-NM-203-AD]
RIN 2120-AA64

Airworthiness Directives; Short Brothers PLC Model SD3 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
comment period.

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SUMMARY: We are revising an earlier NPRM for the products listed above.
This action revises the earlier NPRM by expanding the scope. This
proposed AD results from mandatory continuing airworthiness information
(MCAI) originated by an aviation authority of another country to
identify and correct an unsafe condition on an aviation product. The
MCAI describes the unsafe condition as:

    Subsequent to accidents involving Fuel Tank System explosions in
flight * * * and on ground, * * * Special Federal Aviation
Regulation 88 (SFAR88) * * * required a safety review of the
aircraft Fuel Tank System * * *.
* * * * *
    Fuel Airworthiness Limitations are items arising from a systems
safety analysis that have been shown to have failure mode(s)
associated with an `unsafe condition' * * *. These are identified in
Failure Conditions for which an unacceptable probability of ignition
risk could exist if specific tasks and/or practices are not
performed in accordance with the manufacturers' requirements.
* * * * *

The proposed AD would require actions that are intended to address the
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by August 30, 2010.

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 W12-40, 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
Short Brothers PLC, Airworthiness, P.O. Box 241, Airport Road, Belfast,
BT3 9DZ Northern Ireland; telephone +44(0)2890-462469; fax +44(0)2890-
468444; e-mail<EMAIL_ADDRESS>Internet http://
www.bombardier.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington. 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; 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: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1175; 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-2010-0225;
Directorate Identifier 2009-NM-203-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

    We proposed to amend 14 CFR part 39 with an earlier NPRM for the
specified products, which was published in the Federal Register on
March 15, 2010 (75 FR 12154). That earlier NPRM proposed to supersede
AD 2006-12-18, Amendment 39-14644 (71 FR 34801, June 16, 2006), to
require actions intended to address the unsafe condition for the
products listed above. Since that NPRM was issued, we have determined
that the original NPRM did not include all the relevant service
information for the affected airplanes.

Relevant Service Information

    Bombardier has issued the temporary revisions (TRs) listed in the
following table.

                                                             Table--AMM Temporary Revisions
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                          Shorts temporary
               Model--                       revision--                           Dated--                          To the maintenance manual (MM)--
--------------------------------------------------------------------------------------------------------------------------------------------------------
SD3-30 airplanes....................  TR330-AMM-35...........  June 6, 2006................................  Shorts SD3-30 MM.
SD3-30 airplanes....................  TR330-AMM-36...........  June 6, 2006................................  Shorts SD3-30 MM.
SD3-SHERPA airplanes................  TRSD3S-AMM-36..........  June 19, 2006...............................  Shorts SD3[dash]SHERPA MM.
SD3-SHERPA airplanes................  TRSD3S-AMM-37..........  June 19, 2006...............................  Shorts SD3[dash]SHERPA MM.
SD3-60 SHERPA airplanes.............  TRSD360S-AMM-35........  June 27, 2006...............................  Shorts SD3-60 Sherpa MM.
SD3-60 SHERPA airplanes.............  TRSD360S-AMM-36........  June 27, 2006...............................  Shorts SD3-60 Sherpa MM.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The actions described in this service information are intended to
correct the unsafe condition identified in the MCAI.

Comments

    We have considered the following comments received on the earlier
NPRM.

Request To Include Additional Service Information

    Bombardier requests that we add the TRs specified in the previous
table to Table 3 of the NPRM.
    We agree and have revised this supplemental NPRM accordingly.

Request To Revise Costs of Compliance

    Bombardier requests that we revise the costs of compliance to
account for any Model SD3-30 airplanes.
    We agree that clarification may be necessary. The Costs of
Compliance section accounts for 54 U.S.-registered airplanes, all of
which are operated as transport category airplanes, not military
airplanes.

Request To Remove Reference to Fuselage Pressure Shell

    Bombardier requests that we revise paragraph (h) of the NPRM to
remove reference to ``longitudinal skin joints in the fuselage pressure
shell.'' Bombardier notes that this statement is erroneous because the
Model SD3 airplanes are not pressurized.
    We agree with the request and have removed ``pressure'' from the
statement from paragraph (h) of this supplemental NPRM.

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.
    Certain changes described above expand the scope of the earlier
NPRM. As a result, we have determined that it is necessary to reopen
the comment period to provide additional opportunity for the public to
comment on this proposed AD.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a Note within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 54 products of U.S. registry.
    The actions that are required by AD 2006-12-18 and retained in this
proposed AD take about 41 work-hours per product, at an average labor
rate of $85 per work hour. Required parts cost about $10 per product.
Based on these figures, the estimated cost of the currently required
actions is $3,485 per product.
    We estimate that it would take about 1 work-hour per product to
comply with the new basic requirements of this proposed AD. The average
labor rate is $85 per work-hour. Based on these figures, we estimate
the cost of the proposed AD on U.S. operators to be $4,590, or $85 per
product.

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); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

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

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

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

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Short Brothers PLC: Docket No. FAA-2010-0225; Directorate Identifier
2009-NM-203-AD.

Comments Due Date

    (a) We must receive comments by August 30, 2010.

Affected ADs

    (b) This AD supersedes AD 2006-12-18, Amendment 39-14644.

Applicability

    (c) This AD applies to all Short Brothers PLC Model SD3-60
SHERPA, SD3-SHERPA, SD3-30, and SD3-60 airplanes, certificated in
any category.

    Note 1: This AD requires revisions to certain operator
maintenance documents to include new inspections. Compliance with
these inspections is required by 14 CFR 91.403(c). For airplanes
that have been previously modified, altered, or repaired in the
areas addressed by these inspections, the operator may not be able
to accomplish the inspections described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must
request approval for an alternative method of compliance according
to paragraph (l) of this AD. The request should include a
description of changes to the required inspections that will ensure
the continued damage tolerance of the affected structure. The FAA
has provided guidance for this determination in Advisory Circular
(AC) 25-1529.

Subject

    (d) Air Transport Association (ATA) of America Code 28: Fuel.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    Subsequent to accidents involving Fuel Tank System explosions in
flight * * * and on ground, the FAA published Special Federal
Aviation Regulation 88 (SFAR88) in June 2001. SFAR 88 required a
safety review of the aircraft Fuel Tank System to determine that the
design meets the requirements of FAR [Federal Aviation Regulation]
Sec.  25.901 and Sec.  25.981(a) and (b).
    A similar regulation has been recommended by the JAA [Joint
Aviation Authorities] to the European National Aviation Authorities
in JAA letter 04/00/02/07/03-L024 of 3 February 2003. The review was
requested to be mandated by NAA's [National Airworthiness
Authorities] using JAR [Joint Aviation Requirement] Sec.  25.901(c),
Sec.  25.1309.
    In August 2005 EASA [European Aviation Safety Agency] published
a policy statement on the process for developing instructions for
maintenance and inspection of Fuel Tank System ignition source
prevention (EASA D 2005/CPRO, http://www.easa.eu.int/home/cert_
policy_statements_en.html) that also included the EASA
expectations with regard to compliance times of the corrective
actions on the unsafe and the not unsafe part of the harmonised
design review results. On a global scale the TC [type certificate]
holders committed themselves to the EASA published compliance dates
(see EASA policy statement). The EASA policy statement has been
revised in March 2006: The date of 31-12-2005 for the unsafe related
actions has now been set at 01-07-2006.
    Fuel Airworthiness Limitations are items arising from a systems
safety analysis that have been shown to have failure mode(s)
associated with an `unsafe condition' as defined in FAA's memo 2003-
112-15 `SFAR 88--Mandatory Action Decision Criteria'. These are
identified in Failure Conditions for which an unacceptable
probability of ignition risk could exist if specific tasks and/or
practices are not performed in accordance with the manufacturers'
requirements.
    This EASA Airworthiness Directive mandates the Fuel System
Airworthiness Limitations, comprising maintenance/inspection tasks
and Critical Design Control Configuration Limitations (CDCCL) for
the type of aircraft, that resulted from the design reviews and the
JAA recommendation and EASA policy statement mentioned above.
    Revision History: PAD [proposed airworthiness directive] 06-
018R1 has been issued to endorse comments received for PAD 06-018
and due to the change of the EASA policy statement on fuel tank
safety on March 2006.

Compliance

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

Restatement of Requirements of AD 2006-12-18, With Revised Service
Information

Revision of Airplane Flight Manual (AFM) With Additional AFM References
in Table 1 of This AD

    (g) Within 30 days after July 21, 2006 (the effective date of AD
2006-12-18), revise the Limitations and Normal Procedures sections
of the AFMs as specified in Table 1 of this AD to include the
information in the applicable Shorts advance amendment bulletins as
specified in Table 1 of this AD. The advance amendment bulletins
address operation during icing conditions and fuel system failures.
Thereafter, operate the airplane according to the limitations and
procedures in the applicable advance amendment bulletin.

    Note 2: The requirements of paragraph (g) of this AD may be done
by inserting a copy of the applicable advance amendment bulletin
into the AFM. When the applicable advance amendment bulletin has
been included in general revisions of the AFM, the general revisions
may be inserted into the AFM and the advance amendment bulletin may
be removed, provided the relevant information in the general
revision is identical to that in the advance amendment bulletin.

                                             Table 1--AFM Revisions
----------------------------------------------------------------------------------------------------------------
                                     Shorts Advance
        Airplane Model--          Amendment Bulletin--                           AFM--

----------------------------------------------------------------------------------------------------------------
SD3-30 airplanes................  1/2004, dated July   SBH.3.2, SBH.3.3, SBH.3.6, SBH.3.7, SBH.3.8, and SB.3.9.
                                   13, 2004.
SD3-60 airplanes................  1/2004, dated July   SB.4.3, SB.4.6, and SB.4.8.
                                   13, 2004.
SD3-60 SHERPA airplanes.........  1/2004, dated July   SB.5.2 or 6.2.
                                   13, 2004.
SD3-SHERPA airplanes............  1/2004, dated July   SB.6.2 or 5.2.
                                   13, 2004.
----------------------------------------------------------------------------------------------------------------

Revision of Airworthiness Limitation (AWL) Section

    (h) Within 180 days after July 21, 2006: Revise the AWL section
of the Instructions for Continued Airworthiness by incorporating
airplane maintenance manual (AMM) Sections 5-20-01 and 5-20-02 as
introduced by the Shorts temporary revisions (TR) specified in Table
2 of this AD into the AWL section of the AMMs for the airplane
models specified in Table 2 of this AD, except as required by
paragraph (j) of this AD. Thereafter, except as provided by
paragraph (l)(1) of this AD, no alternative structural inspection
intervals may be approved for the longitudinal skin joints in the
fuselage shell.

    Note 3: The requirements of paragraph (h) of this AD may be done
by inserting a copy of the applicable TR into the applicable AMM.
When the TR has been included in general revisions of the AMM, the
general revisions may be inserted in the AMM and the TR may be
removed, provided the relevant information in the general revision
is identical to that in the TR.

                                        Table 2--AMM Temporary Revisions
----------------------------------------------------------------------------------------------------------------
                                   Temporary revision--
         Airplane model--                                      Dated--                       AMM--
----------------------------------------------------------------------------------------------------------------
SD3-30 airplanes.................  TR330-AMM-13........  June 21, 2004......  SD3-30 AMM.
SD3-30 airplanes.................  TR330-AMM-14........  June 21, 2004......  SD3-30 AMM.
SD3-60 airplanes.................  TR360-AMM-33........  July 27, 2004......  SD3-60 AMM.
SD3-60 airplanes.................  TR360-AMM-34........  July 27, 2004......  SD3-60 AMM.
SD3-60 SHERPA airplanes..........  TRSD360S-AMM-14.....  July 29, 2004......  SD3-60 SHERPA AMM.
SD3-60 SHERPA airplanes..........  TRSD360S-AMM-15.....  July 29, 2004......  SD3-60 SHERPA AMM.
SD3-SHERPA airplanes.............  TRSD3S-AMM-15.......  July 28, 2004......  SD3 SHERPA AMM.
SD3-SHERPA airplanes.............  TRSD3S-AMM-16.......  July 28, 2004......  SD3 SHERPA AMM.
----------------------------------------------------------------------------------------------------------------

Resistance Check, Inspection, and Jumper Installation

    (i) Within 180 days after July 21, 2006: Perform the insulation
resistance check, general visual inspections, and bonding jumper
wire installations; in accordance with Shorts Service Bulletin
SD330-28-37, SD360-28-23, SD360 SHERPA-28-3, or SD3 SHERPA-28-2; all
dated June 2004; as applicable. If any defect or damage is
discovered during any inspection or check required by this AD,
before further flight, repair the defect or damage using a method
approved by the Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA; the Civil Aviation Authority (CAA) (or
its delegated agent); or EASA (or its delegated agent).

    Note 4: For the purposes of this AD, a general visual inspection
is: ``A visual examination of an interior or exterior area,
installation, or assembly to detect obvious damage, failure, or
irregularity. This level of inspection is made from within touching
distance unless otherwise specified. A mirror may be necessary to
ensure visual access to all surfaces in the inspection area. This
level of inspection is made under normally available lighting
conditions such as daylight, hangar lighting, flashlight, or
droplight and may require removal or opening of access panels or
doors. Stands, ladders, or platforms may be required to gain
proximity to the area being checked.''

New Requirements of This AD

Revision of AWL Section: New Limitations and CDCCLs

    (j) Within 90 days after the effective date of this AD: Revise
the AWL section of the Instructions for Continued Airworthiness by
incorporating aircraft maintenance manual (AMM) Sections 5-20-01 and
5-20-02 as introduced by the Bombardier and Shorts temporary
revisions (TRs) specified in Table 3 of this AD into the AWL section
of the AMMs for the airplane models specified in Table 3 of this AD.
Doing this revision terminates the requirement to incorporate the
temporary revisions specified in paragraph (h) of this AD. After
doing this revision the temporary revisions required by paragraph
(h) of this AD may be removed.

                                                            Table 3--AMM Temporary Revisions
--------------------------------------------------------------------------------------------------------------------------------------------------------
               Model--                   Temporary revision --            Dated--                                  To this AMM--
--------------------------------------------------------------------------------------------------------------------------------------------------------
SD3-30 airplanes.....................  Shorts TR TR330-AMM-35..  June 6, 2006............  Shorts SD3-30 Maintenance Manual (MM).
SD3-30 airplanes.....................  Shorts TR TR330-AMM-36..  June 6, 2006............  Shorts SD3-30 MM.
SD3-60 airplanes.....................  Bombardier TR TR360-AMM-  November 11, 2005.......  Bombardier SD3-60 AMM.
                                        55.
SD3-60 airplanes.....................  Bombardier TR TR360-AMM-  November 11, 2005.......  Bombardier SD3-60 AMM.
                                        56.
SD3-60 SHERPA airplanes..............  Shorts TR TRSD360S-AMM-   June 27, 2006...........  Shorts SD3-60 Sherpa MM.
                                        35.
SD3-60 SHERPA airplanes..............  Shorts TR TRSD360S-AMM-   June 27, 2006...........  Shorts SD3-60 Sherpa MM.
                                        36.
SD3-SHERPA airplanes.................  Shorts TR TRSD3S-AMM-36.  June 19, 2006...........  Shorts SD3-SHERPA MM.
SD3-SHERPA airplanes.................  Shorts TR TRSD3S-AMM-37.  June 19, 2006...........  Shorts SD3-SHERPA MM.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Note 5: The requirements of paragraph (j) of this AD may be done
by inserting a copy of the applicable TR into the applicable AMM.
When the TR has been included in general revisions of the AMM, the
general revisions may be inserted in the AMM and the TR may be
removed, provided the relevant information in the general revision
is identical to that in the TR.

    (k) After accomplishing the actions specified in paragraph (j)
of this AD, no alternative inspections, inspection intervals, or
CDCCLs may be used unless the inspections, intervals, or CDCCLs are
approved as an alternative method of compliance (AMOC), in
accordance with the procedures specified in paragraph (l) of this
AD.

Explanation of CDCCL Requirements

    Note 6:  Notwithstanding any other maintenance or operational
requirements, components that have been identified as airworthy or
installed on the affected airplanes before the revision of the AMM,
as required by paragraph (h) or (j) of this AD, do not need to be
reworked in accordance with the CDCCLs. However, once the AMM has
been revised, future maintenance actions on these components must be
done in accordance with the CDCCLs.

FAA AD Differences

    Note 7: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (l) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. Send information to Attn: Todd
Thompson, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards 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 or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of

Management and Budget (OMB) has approved the information collection
requirements and has assigned OMB Control Number 2120-0056.

Related Information

    (m) Refer to MCAI EASA Airworthiness Directive 2006-0198, dated
July 11, 2006; Shorts Service Bulletins SD330-28-37, SD360-28-23,
SD360 SHERPA-28-3, and SD3 SHERPA-28-2, all dated June 2004; and the
service information listed in Tables 1, 2, and 3 of this AD; for
related information.

    Issued in Renton, Washington, on July 26, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-19172 Filed 8-3-10; 8:45 am]
BILLING CODE 4910-13-P


Technical Support Document

NOx RACT Source Specific SIP Revision – State of New Jersey

for the Naval Weapons Station Earle (NWSE)

in Colts Neck, New Jersey

INTRODUCTION

Title I of the Clean Air Act Amendments of 1990 (Act or CAA) contains
many new and revised requirements for areas that have not attained the
national ambient air quality standards for ozone.  Section 182(f) of the
Act requires States to apply the same requirements to major stationary
sources of nitrogen dioxide (NOx) as defined by § 302 and 182(c), (d),
and (e) of the Act, as are applied to major stationary sources of
volatile organic compounds (VOC).  The new NOx requirements are
reasonable available control technology (RACT) and new source review for
major stationary sources in certain ozone nonattainment areas and
throughout any ozone transport region.

On November 25, 1992, the Environmental Protection Agency (EPA)
published a NOx Supplement to the General Preamble (NOx Supplement) to
provide guidance on implementation of new provisions of the Act
concerning emissions of NOx.  57 Federal Register (Fed. Reg.) 55620
(Nov. 25, 1992).  The reader should refer to “The General Preamble for
Implementation of Title I of the Clean Air Act Amendments,” 57 Fed.
Reg. 13498 (Apr. 16, 1992), and the NOx Supplement for a more detailed
discussion of the other NOx requirements.

This technical support document (TSD) deals primarily with the State of
New Jersey Department of Environmental Protection’s (NJDEP’s) State
Implementation Plan (SIP) revision to the ozone SIP.  This SIP was
submitted to address the NOx RACT requirements specific to the
stationary internal combustion reciprocating engines operated by Naval
Weapons Station Earle, in Colts Neck, New Jersey (NJ).

II.	CLEAN AIR ACT REQUIREMENTS FOR OZONE ATTAINMENT, RACT AND NEW
JERSEY’S RACT REGULATION

A.	Ozone Attainment Requirements

In 1997, EPA revised the health-based NAAQS for ozone, setting it at
0.08 parts per million (ppm) averaged over an 8-hour time frame.2  EPA
set the 8-hour ozone standard based on scientific evidence demonstrating
that ozone causes adverse health effects at lower ozone concentrations
and over longer periods of time than was understood when the
pre-existing 1-hour ozone standard was set.

	On April 30, 2004 (69 Fed. Reg. 23951), EPA finalized its
attainment/nonattainment designations for areas across the country with
respect to the 8-hour ozone standard.  These actions became effective on
June 15, 2004.  The entire state of New Jersey is located in two
multi-state 8-hour ozone moderate nonattainment areas, the New
York-Northern New Jersey-Long Island, NY-NJ-CT nonattainment area, and
the Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE nonattainment
area.

	These designations triggered the Act’s requirements under section
182(b) for moderate nonattainment areas, including a requirement to
submit an attainment demonstration.  EPA’s Phase 1 8-hour ozone
implementation rule, published on April 30, 2004 (69 Fed. Reg. 23951)
(Phase 1 Rule) specifies that states must submit attainment
demonstrations for their nonattainment areas to the EPA by no later than
three years from the effective date of designation, that is, by June 15,
2007.

On November 29, 2005, EPA published Phase 2 of the 8-hour ozone
implementation rule (70 Fed. Reg. 71612) (Phase 2 Rule) in which it
addresses the control obligations that apply to areas designated
nonattainment for the 8-hour ozone NAAQS.  Among other things, the Phase
1 and 2 Rules outline the SIP requirements and deadlines for various in
areas designated as moderate nonattainment.  For such areas, RACT plans
were due by September 2006 (40 CFR 51.912(a)(2)).

B.	RACT Requirements

	Sections 172(c)(1), 182(b)(2) and 182(f) of the Act require
nonattainment areas that are designated as moderate or above to adopt
RACT.  All of New Jersey is subject to this requirement since all
counties in the State are located in either of two nonattainment areas
that are classified as moderate ozone nonattainment areas for the 8-hour
ozone standard (40 CFR 81.331).  In accordance with section 182(b), New
Jersey must, at a minimum, adopt RACT level controls for sources covered
by a Control Techniques Guidelines (CTG) document and for any major
non-CTG sources.

	Section IV.G of EPA’s Phase 2 rule discusses the RACT requirements
for the 1997 8-hour ozone standard.  It states, in part, that where a
RACT SIP is required, SIPs implementing the 8-hour ozone standard
generally must assure that RACT is met, either through a certification
that previously required RACT controls represent RACT for 8-hour ozone
implementation purposes or, where necessary, through a new RACT
determination.  The majority of counties in New Jersey were previously
classified under the 1-hour ozone standard as severe, while the
remaining counties were subject to RACT as part of the Ozone Transport
Region.  New Jersey chose a uniform applicability level for RACT based
on the severe classification which resulted in a statewide requirement
for major sources of NOx and VOC to be defined as those having emissions
of 25 tons per year or more of both VOC and/or NOx.  Under the 8-hour
standard, in areas classified as moderate, the definition for major
sources is 50 tons per year for VOC and 100 tons per year for NOx.
However, New Jersey’s choice to retain the original 1-hour ozone
limits statewide in New Jersey for purposes of the RACT analysis
resulted in a more stringent evaluation of RACT.  New Jersey’s use of
25 tons per year for RACT is consistent with the anti-backsliding
provisions of the Act.  See Clean Air Act Sections 110(l) and 193; and
South Coast Air Quality Management Dist (SCAQMD) v. EPA, 472 F.3d 882
(D.C. Cir. 2006).

History of New Jersey’s NOx RACT Rule, Subchapter 19.

NJDEP held public hearings on March 18 and 19, 1993, to hear public
comments on the proposed rule.  Following the public hearings and the
comment period, on November 15, 1993, New Jersey adopted Title 7,
Chapter 27, Subchapter 19, of the New Jersey Administrative Code
(Subchapter 19 or N.J.A.C. 7:27-19), entitled “Control and Prohibition
of Air Pollution from Oxides of Nitrogen.”  NJDEP submitted Subchapter
19 to EPA as a revision to the SIP on November 15, 1993.  EPA reviewed
the SIP revision and found it to be administratively and technically
complete by December 29, 1993.  On October 2, 1995, EPA proposed a full
approval of NJDEP’s Subchapter 19.  60 Fed. Reg. 51379 (Oct. 2, 1995).
 The public comment period ended November 1, 1995.  EPA did not receive
any comments on the proposed full approval.  However, during this public
comment period, discussions developed among regional EPA offices as to
the approvability of rules, such as NJDEP’s Subchapter 19, containing
generic or “process oriented” provisions establishing RACT
requirements for major sources of NOx and/or VOC emissions.  The
approvability issue related to Subchapter 19’s generic provision was
resolved and EPA approved Subchapter 19.  60 Fed. Reg. 51379 (Jan. 27,
1997) Subchapter 19 became effective on February 26, 1997.

On March 24, 1995, NJDEP adopted amendments to Subchapter 19.  NJDEP
submitted the amended Subchapter 19 to EPA as a SIP revision on June 21,
1996.  EPA found the SIP revision to be administratively and technically
complete by September 26, 1996.  On August 31, 1998, EPA proposed a full
approval of NJDEP’s Subchapter 19.  63 Fed. Reg. 46209 (Aug. 31,
1998).  The public comment period ended September 30, 1998.  EPA did not
receive any comments on the proposed full approval.  EPA approved
NJDEP’s amendments to Subchapter 19.  64 Fed. Reg. 14832 (Mar. 29,
1999).  The amendments became effective on April 28, 1999.

On July 1, 1996, NJDEP adopted additional amendments to Subchapter 19.
NJDEP amended Subchapter 19 to make the regulation consistent with a new
program called the Open Market Emissions Trading (OMET) Program at
Subchapter 30.  On October 27, 1998, NJDEP submitted the amended
Subchapter 19 to EPA as part of the OMET Program SIP revision.  EPA
determined the submittal to be administratively and technically complete
on December 22, 1998.  On January 9, 2001, EPA proposed a conditional
approval of NJDEP’s OMET Program SIP revision, including the
corresponding amendments to Subchapter 19.  66 Fed. Reg. 1796 (Jan. 9,
2001).  The public comment period ended March 12, 2001.  Subsequently,
EPA and NJDEP identified a number of problems with the OMET program.  On
October 18, 2002, EPA announced it would cease processing the OMET
Program SIP revision and withdrew its proposed conditional approval.  67
Fed. Reg. 64347 (Oct. 18, 2002).  On February 25, 2004, NJDEP terminated
the OMET Program and repealed Subchapter 30 through rulemaking.  NJDEP
also amended Subchapter 19 on April 5, 2004 (effective date), to delete
those provisions related to the OMET Program, and to include new
provisions for sources that participated in the OMET Program to comply
with RACT.  In an April 26, 2004 letter, EPA notified NJDEP that new
provisions proposed in Subchapter 19 were not consistent with the ACT
and EPA’s RACT guidance and, therefore, were not approvable as a SIP
revision.  The corresponding OMET amendments to Subchapter 19 that dealt
with sources that availed themselves of the OMET Program were not
repealed.  Therefore, they are still part of the rules in Subchapter 19.
 NJDEP committed to delete the OMET provisions from Subchapter 19, and
related rules, in future rulemaking.

It should be noted that, since the July 1, 1996 adoption, NJDEP adopted
administrative changes amendments to Subchapter 19 four additional times
without submitting the revised rule to EPA for approval as SIP
revisions.  The additional amendments include the following effective
dates:  May 4, 1998 (29 N.J.R. 3521(a); 30 N.J.R. 1563(b));
Administrative change on March 1, 1999 (31 N.J.R. 639); May 15, 2000 (31
N.J.R. 1671(a); 32 N.J.R. 1808(a)); April 5, 2004 (35 N.J.R. 3486(a); 36
N.J.R. 1791(a)); October 17, 2005 (36 N.J.R. 4228(a); 37 N.J.R.
3976(a)); and November 21, 2005 (36 N.J.R. 4607(a); 37 N.J.R. 4415(a)).
NJDEP adopted additional amendments to Subchapter 19, effective October
17, 2005.  On July 31, 2007, EPA approved these amendments to Subchapter
19 as part of the SIP.

On March 20, 2009, NJDEP adopted additional amendments to Subchapter 19
and submitted it to EPA as a SIP revision on April 21, 2009. On June 4,
2009, EPA determined the submittal to be administratively and
technically complete.  NJDEP provided supplemental information to EPA on
May 7, 2009.  EPA proposed approval of the NJDEP’s amendments to
Subchapter 19 on April 23, 2010 (75 Fed. Reg. 21197). The public comment
period ended on May 24, 2010.  EPA did not receive any comments on the
proposed full approval. EPA approved NJDEP’s amendments to Subchapter
19 in the final rule on August 3, 2010 (75 Fed. Reg. 45483).  The
amendments became effective September 2, 2010.

D.	Subchapter 19.13

The source-specific SIP revision discussed in this technical support
document was submitted to EPA, pursuant to Subchapter 19.  Subchapter
19.13 establishes a procedure for a case-by-case determination of what
represents RACT for a particular facility, item of equipment or source
operation.  This procedure is applicable in two types of situations:
(1) where a major NOx facility contains any source operation or item of
equipment not listed in Subchapter 19.2 with the potential to emit more
than 10 tons of NOx per year; or (2) where the owner or operator of a
source operation or item of equipment that is listed in Subchapter 19.2
seeks approval of an alternative maximum allowable emission rate.

	In the first instance, for any source operation or item of equipment at
a major NOx facility, with the potential to emit 10 TPY or more of NOx,
not specifically regulated under Subchapter 19.2, the owner/operator
must submit a 'NOx Control Plan' to the NJDEP.  This NOx Control Plan is
to include a technical and economic feasibility evaluation of NOx
control technologies as well as a proposed NOx emission limit.

	In the second instance, those specific sources subject to NOx limits
under Subchapter 19 may apply for an alterative emissions limit.  In
this case, NOx RACT control measures may be deemed impractical due to
some physical constraints or the control measures may be incapable of
reducing the emissions to the limits required under Subchapter 19.  In
this situation, the NJDEP may establish an alternative maximum allowable
emission rate for the affected sources.

	For each of these situations, Subchapter 19.13 provides that NJDEP
establish emission limits based upon a RACT determination specific to
the facility in question.  The procedures for requesting that
determination, and the standards for review of the request, are the same
in each situation.

	The owner or operator of a facility for which a NOx control plan is
required must obtain approval of the plan, implement it by May 31, 1995,
and continue to comply with it thereafter.  The Act imposes this
deadline.  Implementing the plan includes obtaining the required permits
and certificates, installing the approved NOx control technology, and
complying with the emission limits approved in the plan.  An owner or
operator seeking approval of an alternative maximum allowable emission
rate must obtain approval before the source operation or item of
equipment in question becomes subject to the rate normally applicable
under Subchapter 19, in order to avoid incurring violations for
exceeding that normally applicable rate.

	Subchapter 19.13(h) provides that "any alternate emissions limit
pursuant to Subchapter 19.3(c) or NOx Control Plan pursuant to
Subchapter 19.3(b) approved by the NJDEP will be submitted to EPA for
approval as a revision to the SIP for ozone."  An alternate emissions
limit or NOx Control Plan would be first proposed and adopted in New
Jersey and then, as required by law, submitted to EPA for approval as a
SIP revision.

Subchapter 19 provides that any alternative emission limit approved by
NJDEP after May 19, 2009 shall have a limit of 10 years, unless the
source is modified, altered, or reconstructed during the term of the
plan in which case the source may need to apply to NJDEP for a new
alternate emissions limit, pursuant to Subchapter 19.13(b)(6) or
19.3(k).  NJDEP approved the source-specific SIP revision discussed in
this TSD on May 12, 2009.

E.	Enforceability of Subchapter 19

For sources not subject to specific emission limitations or work
practice standards, N.J.A.C. 7:27-19.13 provides a procedure and
schedule that must be followed in order to comply with the Subchapter.
Noncompliance with this procedure would constitute a violation of
Subchapter 19, which would subject the source owner or operator to civil
and/or criminal penalties, as applicable.  EPA believes this is
sufficient to ensure that sources comply and should EPA have to take
enforcement action, it could use the same provisions to obtain
compliance.

EPA will process all source-specific SIP revisions submitted by NJDEP,
regardless of the status of EPA approval of Subchapter 19, provided that
NJDEP complies with the following:

- provide evidence that NJDEP has the necessary legal authority under
State law to approve and implement the compliance plan with reference to
appropriate State laws and regulations;

provide a description of the enforcement procedure NJDEP will use should
it discover a violation;

provide a description of the compliance strategy NJDEP will use to
ensure compliance; and

include a copy of any relevant permits which are contained in the
compliance plan.  For “grandfathered” sources, the compliance plan
must identify the applicable enforceable requirements or restrictions.

III.	EPA’S ANALYSIS OF STATE SUBMITTAL (Note this Technical Support
Document summarizes the state submission.  The complete RACT analysis,
related correspondence and SIP revision are available for inspection and
review at the EPA Regional Office and NJDEP State Office.)

Naval Weapons Station Earle Alternative NOx Emission Limit

Pursuant to Subchapter 19.3(h) “any alternate emissions limit pursuant
to section 19.3(c) or NOx Control Plan pursuant to section 19.3(b)
approved by the NJDEP will be submitted as an amendment to the SIP for
ozone.”  An alternate emission limit or NOx Control Plan would be
first proposed in New Jersey as an amendment to the SIP and then
submitted to EPA, by law, as a SIP revision.  Similarly, Subchapter
19.21(f) requires NJDEP to submit repowering plans to EPA as a revision
to the SIP.  This technical support document discusses EPA’s analysis
of a single source-specific SIP revision.

In a letter dated May 14, 2009 from Mark N. Mauriello, Acting
Commissioner, NJDEP, to Acting Regional Administrator George Pavlou, EPA
Region 2, New Jersey requested EPA’s approval of a revision to the NJ
SIP for ozone.  The request was for a NJ SIP revision for the Naval
Weapons Station Earle (NWSE) facility located at 201 Highway 34 South in
Colts Neck, NJ in Monmouth County.  NWSE facility contains one existing
and one new generator which are powered by one existing and one new 500
Kilowatt, lean burn, two-stroke, compression ignition, diesel fuel
fired, stationary internal combustion reciprocating engine (both engines
are Detroit Diesel Model 12V-92T).  The source-specific SIP revision for
NWSE was proposed by NJDEP on January 16, 2009 through public notice in
The Star Ledger Newspaper, which is circulated in Colts Neck, New
Jersey.  The public notice allowed 30 days for public comments and the
opportunity for a public hearing, offered upon written request.  NJDEP
did not receive any requests for a public hearing, therefore no hearing
was held.  EPA provided comments on the SIP revision prior to adoption
by NJDEP.  After reviewing and addressing EPA’s comments, NJDEP
adopted the source specific SIP revision on May 12, 2009 and
supplemented this information on May 21, 2009.  As part of the
completeness review, EPA ensured that NJDEP complied with the conditions
discussed earlier in Section II.E. for source specific SIP revisions.
This technical support document is the next step in EPA’s rulemaking
process.

NJDEP’s SIP revision consists of two attachments with multiple
enclosures.  Attachment 1 includes the following documents:

Enclosure 1: SIP Completeness Checklist

Enclosure 2: A copy of the Alternate Emission Limit approval document

Enclosure 3: Response to comments document

Enclosure 4: Statement of basis

Enclosure 5: A copy of the Public Notice and Opportunity for Public
Hearing

Enclosure 6: A copy of the Affidavit of Publication of Public Notice

Enclosure 7: A copy of the application package from the applicant and
other supporting documentation

Attachment 2 includes a copy of N.J.A.C. 7:27-19.1 et seq., Control and
Prohibition of Air Pollution from Oxides of Nitrogen, most recently
amended by New Jersey on April 20, 2009.

The NWSE facility contains one existing and one new generator powered by
one existing and one new 500 Kilowatt (kW), lean burn, two-stroke,
compression ignition, diesel fuel fired, reciprocating stationary
internal combustion engine.  According to N.J.A.C.7:27-19.8(e), engines
equal to or exceeding 370 kW (500 bhp) used for generating electricity
are subject to the following provisions under this chapter:

Beginning March 7, 2007, existing lean burned diesel fuel fired engines
are required to comply with the revised NOx RACT limit of 2.3 g/bhp-hr.

For units (37 kW or larger rated output) that commence operations after
March 7, 2007, engines are required to comply with the revised NOx RACT
limit of  0.90 g/bhp-hr.

In accordance with N.J.A.C. 7:27-19.8(f) and 7:27-19.16, owners and
operators of these engines are required to adjust the engine’s
combustion process in accordance with the manufacturer’s recommended
maintenance schedule and meet specific recordkeeping requirements.

This means: 1) NWSE’s existing engine must comply with the revised NOx
RACT limit of 2.3 g/bhp-hr, 2) NWSE’s new engine must comply with the
revised NOx RACT limit of 0.90 g/bhp-hr, and 3) both of NWSE’s engines
must meet engine combustion adjustment, maintenance and recordkeeping
requirements.

However, while combusting diesel fuel, the NWSE’s existing and new
engine will not meet the NOx RACT limits of 2.3 and 0.90 g/bhp-hr,
respectively.  NSWE provided an analysis of available control technology
and economic feasibility options for reducing NOx emissions from the
engines. The analysis was conducted to determine the control technology
and NOx emissions limits that would represent the best achievable level
of control that is both technically and economically feasible.  A total
of 16 NOx emissions control technology options were evaluated to
determine if they were technically and economically feasible for
application to either engine, and, if so, how effective they would be in
reducing NOx emissions from these units and how much they would cost.
The list of options was compiled based on the list of technologies set
forth in the EPA’s Alternative Control Techniques (ACT) Document,
dated July 1993, EPA’s Air Pollution Control Cost Manual, dated June
7. 2003, and EPA’s Stationary Reciprocating Internal Combustion
Engines Update Information on NOx Emissions and Control Techniques,
dated September 1, 2000, and NJDEP’s State of the Art Manual for
Reciprocating Internal Combustion Engines, dated 2003.    Below are the
following evaluated NOx control options:

Fuel Switching

Emissions Averaging

Ignition Timing Retardation

Water Injection

Exhaust Gas Recirculation

Selective Catalytic Reduction

Selective Non-Catalytic Reduction

Catalytic Adsorption

Lean NOx Catalyst

Ozone Injection

Aftercooling

Non-Selective Catalytic Reduction

Catalytic Adsorption

SCONOx Technology

NOx Tech Emissions Control System

Prestratified Charge

The findings of the analysis of technical and economical feasibility
were that NONE of the NOx control technology options mentioned above was
considered to be technically and economically feasible for either of the
engines.  Details of this analysis are included in the Enclosure 7 of
the NJ SIP.  Therefore, an alternative emission limit (AEL), as
described in N.J.A.C. 7:27-19.13, must be implemented. NWSE submitted an
application pursuant to N.J.A.C. 7:27-19.13 for an AEL. NWSE has
proposed the following, to limit the:

NOx emissions rate from each engine to 11.3 g/bhp-hr,

total NOx emissions rate while combusting 100% distillate oil to 4.67
tons per year for both engines combined,

combined hours of operation for both engines to less than 675 hours per
year,

operation of each engine to 75% load or less, and

annual fuel usage to 20,047.50 gallons per year combined for both
engines

The proposed AEL would allow NWSE to operate both of these engines on
100% distillate oil for up to 675 total hours per year, limit the annual
fuel usage to 20,047.50 gallons per year, and lower the allowable NOx
emissions from 15.98 (The current approved permit limit for one internal
combustion engine.) to 4.67 tons per year combined for both engines.

NJDEP’s May 21, 2009, Conditions of Approval for NWSE specify the NOx
emissions limits, combustion process adjustment mentioned above,
emission testing, monitoring, recordkeeping and reporting requirements.
These permit conditions are consistent with the NOx RACT requirements
specified in Subchapter 19.  Continued compliance will be determined by
NJDEP’s review of NWSE’s records and other source data.

EPA’s Evaluation: EPA reviewed NWSE’s application and NJDEP’s
source-specific SIP revision for completeness and approvability.  EPA
agrees with the technical and economic feasibility demonstration and the
proposed alternative maximum allowable NOx emission limit of 11.3
g/bhp-hr for each engine; maximum allowable NOx emissions rate for both
engines combined to 4.67 tons per year; combined hours of operation for
both engines to less than 675 hours per year; operation of each engine
to 75% load or less, and the annual fuel usage to 20,047.50 gallons per
year combined for both engines. Based on the revised emission limit, as
well as the limits on fuel use and hours of operation, EPA proposes to
approve NJDEP’s source specific SIP revision for an AEL for NWSE.

EPA’s APPROVABILITY RECOMMENDATION: Full Approval

 	The EPA defines RACT as the lowest emission limitation that a
particular source is capable of meeting by the application of control
technology that is reasonably available considering technological and
economic feasibility.  44 Fed. Reg. 53762 (Sept. 17, 1979).

2	In March 2008, EPA strengthened the Ozone NAAQS to a level of 0.075
ppm.  However, the Administrator is reconsidering this new standard and
is expecting to make a decision in July 2011.

  PAGE   \* MERGEFORMAT  1


[Federal Register Volume 85, Number 46 (Monday, March 9, 2020)]
[Rules and Regulations]
[Pages 13520-13523]
[FR Doc No: 2020-04709]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR 165

[Docket Number USCG-2016-1067]
RIN 1625-AA00

Safety Zone; Hurricanes, Tropical Storms and Other Disasters in
South Florida

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard will establish a safety zone that would
restrict certain vessels from entering or transiting through certain
navigable waters in the Miami River and Ports of Miami, Everglades,
Palm Beach and Fort Pierce during periods of reduced or restricted
visibility due to tropical storm force winds (39-73 mph/34-63 knots),
hurricanes and/or other disasters. This action is necessary for the
safety of life

on these navigable waters within the Sector Miami Captain of the Port
(COTP) zone.

DATES: This rule is effective April 8, 2020.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2016-1067 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
rulemaking contact Mr. Omar Beceiro, Sector Miami Waterways Management
Division, U.S. Coast Guard at<PHONE_NUMBER>, or by email at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The COTP has determined reduced or restricted visibility and
tropical storm force winds, which may occur during tropical storms,
hurricanes and other disasters, constitutes a safety concern for
vessels within the Miami COTP zone. As a result, the Coast Guard
published a notice of proposed rulemaking (NPRM) on June 5, 2017 \1\ to
establish a temporary safety zone over certain navigable waters in the
Miami River and Ports of Miami, Everglades, Palm Beach and Fort Pierce.
Since a considerable amount of time passed and a final rule was not
published, the Coast Guard published a supplemental notice of proposed
rulemaking (SNPRM) on October 3, 2019. \2\ During the comment period
that ended November 4, 2019, the Coast Guard received two comments.
---------------------------------------------------------------------------

    \1\ See 82 FR 21742.
    \2\ See 84 FR 52835.
---------------------------------------------------------------------------

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The COTP Miami has determined
reduced or restricted visibility and tropical storm force winds, which
may occur during tropical storms, hurricanes and other disasters,
constitutes a safety concern. The purpose of this rule is to ensure
safety of certain vessels and navigable waters in the safety zone
before, during, and after tropical storms, hurricanes and other
disasters.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, the Coast Guard received two comments on the SNPRM
in support of the proposed rule. In the regulatory text of this rule,
we made one change by changing the section number of regulation from
Sec.  165.785 to Sec.  165.706. We are making this change because Sec.
165.785 is already being used for another regulation.
    This rule establishes a safety zone that restricts certain vessels
from entering or transiting through certain navigable waters in the
Miami River and Ports of Miami, Everglades, Palm Beach and Fort Pierce
during periods of reduced or restricted visibility due to tropical
storm force winds (39-73 mph/34-63 knots), hurricanes and/or other
disasters. The duration of the regulation is intended to ensure the
safety of vessels and these navigable waters before, during, and after
periods of tropical storm force winds.

V. 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 protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. Certain vessels
will be affected by this rule only when heavy weather is forecast to
make imminent landfall within the Sector Miami COTP zone. In addition,
vessel traffic would be secured only during port conditions Yankee and
Zulu, and only in ports potentially affected by tropical storm force
winds. The Coast Guard will issue updates on https://homeport.uscg.mil/port-directory/miami, via broadcasts on VHF-FM marine channel 16, and
during Severe Weather Advisory Team meetings.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard did not receive any comments from the Small
Business Administration on this rulemaking. 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
safety zone may be small entities, for the reasons stated in section
V.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
call or email 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 will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this 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. If
you believe this rule has implications for federalism or Indian tribes,
please call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this 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
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969(42 U.S.C. 4321-4370f), and have
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 a safety zone of limited duration in
the Miami COTP zone implemented during tropical storms, hurricanes or
other heavy weather events. This action is categorically excluded from
further review under paragraph L60(a) in Table 3-1 of U.S. Coast Guard
Environmental Planning Implementing Procedures 5090.1. A Record of
Environmental Consideration supporting this determination is available
in the docket where indicated under ADDRESSES.

G. Protest Activities

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

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:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.706 to read as follows:

Sec.  165.706   Safety Zone; Hurricanes, Tropical Storms and Other
Disasters in South Florida.

    (a) Regulated Areas. All navigable waters, as defined in 33 CFR
2.36, within Sector Miami COTP zone, Miami, Florida, as described in 33
CFR 3.35-10, during specified conditions.
    (b) Definitions. (1) The term ``designated representative'' means
Coast Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the COTP
Miami, in the enforcement of the regulated areas.
    (2) Port Condition WHISKEY means a condition set by the COTP when
weather advisories indicate sustained tropical storm force winds from a
tropical or hurricane force storm are predicted to make landfall at the
port within 72 hours.
    (3) Port Condition X-RAY means a condition set by the COTP when
weather advisories indicate sustained tropical storm force winds from a
tropical or hurricane force storm are predicted to make landfall at the
port within 48 hours.
    (4) Port Condition YANKEE means a condition set by the COTP when
weather advisories indicate that sustained tropical storm force winds
from a tropical or hurricane force storm are predicted to make landfall
at the port within 24 hours.
    (5) Port Condition ZULU means a condition set by the COTP when
weather advisories indicate that sustained tropical storm force winds
from a tropical or hurricane force storm are predicted to make landfall
at the port within 12 hours.
    (c) Regulations--(1) Port Condition WHISKEY. All vessel and port
facilities must exercise due diligence in preparation for potential
storm impacts. Slow-moving vessels may be ordered to depart to ensure
safe avoidance of the incoming storm upon the anticipation of the
setting of Port Condition X-RAY. Ports and waterfront facilities shall
begin removing all debris and securing potential flying hazards.
Container stacking plans shall be implemented. Waterfront facilities
that are unable to reduce container-stacking height to no more than
four high must submit a container stacking protocol to the COTP.
    (2) Port Condition X-RAY. All vessels and port facilities shall
ensure that potential flying debris is removed or secured. Hazardous
materials/pollution hazards must be secured in a safe manner and away
from waterfront areas. Facilities shall continue to implement
container-stacking protocol. Containers must not exceed four tiers,
unless previously approved by the COTP. Containers carrying hazardous
materials may not be stacked above the second tier. All oceangoing
commercial vessels greater than 500-gross tons must prepare to depart
ports and anchorages within the affected regulated area. These vessels
shall depart immediately upon the setting of Port Condition YANKEE.
During this condition, slow-moving vessels may be ordered to depart to
ensure safe avoidance of the incoming storm. Vessels that are unable to
depart the port must contact the COTP to request and receive permission
to remain in port. Vessels with COTP's permission to remain in port
must implement their pre-approved mooring arrangement. Terminal
operators shall prepare to terminate all cargo operations. The COTP may
require additional precautions to ensure the safety of the ports and
waterways.
    (3) Port Condition YANKEE. Affected ports would be closed to
inbound vessel traffic. All oceangoing commercial vessels greater than
500-gross tons must have departed designated ports within the Sector
Miami COTP zone. Appropriate container stacking protocol must be
completed. Terminal operators must terminate all cargo operations not

associated with storm preparations. Cargo operations associated with
storm preparations include moving cargo within or off the port for
securing purposes, crane and other port/facility equipment
preparations, and similar activities, but do not include moving cargo
onto the port or vessel loading/discharging operations unless
specifically authorized by the COTP. All facilities shall continue to
operate in accordance with approved Facility Security Plans and comply
with the requirements of the Maritime Transportation Security Act
(MTSA).
    (4) Port Condition ZULU. All port waterfront operations are
suspended, except final preparations that are expressly permitted by
the COTP as necessary to ensure the safety of the ports and facilities.
Coast Guard Port Assessment Teams will conduct final port assessments.
    (5) Emergency Restrictions for Other Disasters. Any natural or
other disasters that are anticipated to affect the Sector Miami COTP
zone will result in the prohibition of facility operations and
commercial vessel traffic transiting or remaining in the affected port.

    Dated: January 14, 2020.
J.F. Burdian,
Captain, U.S. Coast Guard, Captain of the Port, Miami.
[FR Doc. 2020-04709 Filed 3-6-20; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register: October 11, 2007 (Volume 72, Number 196)]
[Notices]
[Page 57988]
[DOCID:fr11oc07-110]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent To Rule on Request To Release Airport Property
at the Hondo Municipal Airport, Hondo, TX

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
release of land at the Hondo Municipal Airport under the provisions of
Section 125 of the Wendell H. Ford Aviation Investment Reform Act for
the 21st Century (AIR 21).

DATES: Comment must be received on or before November 13, 2007.

ADDRESSES: Comments on this application may be mailed or delivered to
the FAA at the following address: Mr. Mike Nicely, Manager, Federal
Aviation Administration, Southwest Region, Airports Division, Texas
Airports Development Office, ASW-650, Fort Worth, Texas 76193-0650.
    In addition, one copy of any comments submitted to the FAA must be
mailed or delivered to the following address: Mr. Robert Herrera, City
Manager, 1600 Avenue M, Hondo, Texas 78861.

FOR FURTHER INFORMATION CONTACT: Mr. Rodney Clark, Program Manager,
Federal Aviation Administration, Texas Airports Development Office,
ASW-650, 2601 Meacham Boulevard, Fort Worth, Texas 76193-0650,
Telephone:<PHONE_NUMBER>, E-mail<EMAIL_ADDRESS>Fax: (817) 222-
5989.
    The request to release property may be reviewed in person at this
same location.

SUPPLEMENTARY INFORMATION: The FAA invites public comment on the
request to release property at the Hondo Municipal Airport under the
provisions of the AIR 21.
    The following is a brief overview of the request:
    The city of Hondo requests the release of 25.783 acres of non-
aeronautical airport property. The land was acquired by Deed without
Warranty from the United States on July 16, 1948. The property to be
released will be sold to allow for future development of the airport.
    Any person may inspect the request in person at the FAA office
listed above under FOR FURTHER INFORMATION CONTACT.
    In addition, any person may, upon request, inspect the application,
notice and other documents relevant to the application in person at the
Hondo Municipal Airport, telephone number<PHONE_NUMBER>.

    Issued in Fort Worth, Texas, on October 1, 2007.
Mike Nicely,
Acting Manager, Airports Division.
[FR Doc. 07-5003 Filed 10-10-07; 8:45 am]

BILLING CODE 4910-13-M


[Federal Register: February 3, 2010 (Volume 75, Number 22)]
[Notices]
[Page 5638]
[DOCID:fr03fe10-98]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2009-0019 (Notice No. 09-7)]

Information Collection Activities

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: Notice of information collection approval.

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

SUMMARY: This notice announces Office of Management and Budget (OMB)
approval and extension until September 30, 2012, for the following
information collection request (ICR): OMB Control No. 2137-0051,
``Rulemaking, Special Permits, and Preemption Requirements.''
    This notice announces OMB approval and extension until November 30,
2012, for the following ICR: OMB Control No. 2137-0613, ``Subsidiary
Hazard Class and Number/Type of Packagings.''
    This notice announces OMB approval and extension until January 31,
2013 for the following ICR: OMB Control No. 2137-0510, ``Radioactive
(RAM) Transportation Requirements.''

DATE: The expiration dates for these ICRs are either September 30,
2012, November 30, 2012, or January 31, 2013 as indicated under the
SUPPLEMENTARY INFORMATION section of this notice.

ADDRESSES: Requests for a copy of an information collection should be
directed to Deborah Boothe or Steven Andrews, Office of Hazardous
Materials Standards (PHH-10), Pipeline and Hazardous Materials Safety
Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001.

FOR FURTHER INFORMATION CONTACT: Deborah Boothe or Steven Andrew,
Office of Hazardous Materials Standards (PHH-10), Pipeline and
Hazardous Materials Safety Administration, 1200 New Jersey Avenue, SE.,
Washington, DC 20590-0001, Telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Office of Management and Budget (OMB)
regulations (5 CFR part 1320) implementing provisions of the Paperwork
Reduction Act of 1995 (Pub. L. 104-13) require that interested members
of the public and affected agencies have an opportunity to comment on
information collection and recordkeeping activities (see 5 CFR
1320.8(s)) and specify that no person is required to respond to an
information collection unless it displays a valid OMB control number.
In accordance with the Paperwork Reduction Act of 1995, PHMSA has
received OMB approval for renewal of the following ICRs:
    OMB Control Number: 2137-0051.
    Title: ``Rulemaking, Special Permits, and Preemption
Requirements.''
    Expiration Date: September 30, 2012.

    OMB Control Number: 2137-0613.
    Title: ``Subsidiary Hazard Class and Number/Type of Packagings.''
    Expiration Date: November 30, 2012.

    OMB Control Number: 2137-0510.
    Title: ``Radioactive (RAM) Transportation Requirements.''
    Expiration Date: January 31, 2013.

    Issued in Washington, DC, on January 29, 2010.
Edward T. Mazzullo,
Director, Office of Hazardous Materials Standards.
[FR Doc. 2010-2306 Filed 2-2-10; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register Volume 80, Number 95 (Monday, May 18, 2015)]
[Notices]
[Pages 28288-28290]
[FR Doc No: 2015-11973]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2015-0001]

Changes in Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final Notice.

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

SUMMARY: New or modified Base (1-percent annual chance) Flood
Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA)
boundaries or zone designations, and/or regulatory floodways
(hereinafter referred to as flood hazard determinations) as shown on
the indicated Letter of Map Revision (LOMR) for each of the communities
listed in the table below are finalized. Each LOMR revises the Flood
Insurance Rate Maps (FIRMs), and in some cases the Flood Insurance
Study (FIS) reports, currently in effect for the listed communities.
The flood hazard determinations modified by each LOMR will be used to
calculate flood insurance premium rates for new buildings and their
contents.

DATES: The effective date for each LOMR is indicated in the table
below.

ADDRESSES: Each LOMR is available for inspection at both the respective
Community Map Repository address listed in the table below and online
through the FEMA Map Service Center at www.msc.fema.gov.

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
FEMA, 500 C Street SW., Washington, DC 20472,<PHONE_NUMBER>, or
(email<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final flood hazard determinations as shown in the
LOMRs for each community listed in the table below. Notice of these
modified flood hazard determinations has been published in newspapers
of local circulation and 90 days have elapsed since that publication.
The Deputy Associate Administrator for Mitigation has resolved any
appeals resulting from this notification.
    The modified flood hazard determinations are made pursuant to
section 206 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4105, and are in accordance with the National Flood Insurance Act of
1968, 42 U.S.C. 4001 et seq., and with 44 CFR part 65.
    For rating purposes, the currently effective community number is
shown and must be used for all new policies and renewals.
    The new or modified flood hazard information is the basis for the
floodplain management measures that the community is required either to
adopt or to show evidence of being already in effect in order to remain
qualified for participation in the National Flood Insurance Program
(NFIP).
    This new or modified flood hazard information, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities.
    This new or modified flood hazard determinations are used to meet
the floodplain management requirements of the NFIP and also are used to
calculate the appropriate flood insurance premium rates for new
buildings, and for the contents in those buildings. The changes in
flood hazard determinations are in accordance with 44 CFR 65.4.
    Interested lessees and owners of real property are encouraged to
review the final flood hazard information available at the address
cited below for each community or online through the FEMA Map Service
Center at www.msc.fema.gov.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: April 23, 2015.
Roy E. Wright,
Deputy Associate Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                               Location and case      Chief executive officer of                                      Effective date of       Community
       State and county               No.                     community               Community map repository          modification             No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alabama:
    Colbert (FEMA Docket No.:  City of Muscle     The Honorable David Bradford,      City Hall, 2010 East        Feb. 2, 2015..............     01010047
     B-1460).                   Shoals (14-04-     Mayor, City of Muscle Shoals,      Avalon Avenue, Muscle
                                8204P).            P.O. Box 2624, Muscle Shoals, AL   Shoals, AL 35661.
                                                   35662.
    Madison (FEMA Docket No.:  Unincorporated     The Honorable Dale W. Strong,      Madison County Public       Feb. 19, 2015.............       010151
     B-1460).                   areas of Madison   Chairman, Madison County Board     Works Department, 266-C
                                County (14-04-     of Commissioners, 100 Northside    Shields Road, Huntsville,
                                7485P).            Square, Huntsville, AL 35801.      AL 35811.
    Shelby. (FEMA Docket No.:  Unincorporated     The Honorable Lindsey Allison,     Shelby County Engineer's    Feb. 19, 2015.............       010191
     B-1454).                   areas of Shelby    Chair, Shelby County Commission,   Office, 506 Highway 70,
                                County (14-04-     454 Valley View Drive, Pelham,     Columbiana, AL 35051.
                                4029P).            AL 35124.
Arizona:
    Maricopa (FEMA Docket      City of Phoenix    The Honorable Greg Stanton,        Street Transportation       Jan. 29, 2015.............       040051
     No.: B-1454).              (14-04-2027P).     Mayor, City of Phoenix, 200 West   Department, 200
                                                   Washington Street, 11th Floor,     Washington Street, 5th
                                                   Phoenix, AZ 85003.                 Floor, Phoenix, AZ 85003.
    Santa Cruz (FEMA Docket    Unincorporated     The Honorable John Maynard,        Santa Cruz County Flood     Feb. 2, 2015..............       040090
     No.: B-1454).              areas of Santa     Chairman, Santa Cruz County        Control District, 2150
                                Cruz County (14-   Board of Supervisors, 2150 North   North Congress Drive,
                                09-3102P).         Congress Drive, Nogales, AZ        Nogales, AZ 85621.
                                                   85621.
California:
    Los Angeles (FEMA Docket   City of Los        The Honorable Eric Garcetti,       Public Works Department,    Feb. 9, 2015..............       060137
     No.: B-1454).              Angeles (14-09-    Mayor, City of Los Angeles, 200    1149 South Broadway,
                                3226P).            North Spring Street, Suite 303,    Suite 810, Los Angeles,
                                                   Los Angeles, CA 90015.             CA 90015.

    Mendocino (FEMA Docket     Unincorporated     The Honorable John Pinches,        The Honorable John          Jan. 29, 2015.............       060183
     No.: B-1454).              areas of           Chairman, Mendocino County Board   Pinches, Chairman,
                                Mendocino County   of Supervisors, 501 Low Gap        Mendocino County Board of
                                (14-09-3500P).     Road, Ukiah, CA 95482.             Supervisors, 501 Low Gap
                                                                                Road, Ukiah, CA 95482.
    Riverside (FEMA Docket     City of Jurupa     The Honorable Frank Johnston,      City Hall, 8304 Limonite    Feb. 9, 2015..............       060286
     No.: B-1454).              Valley (14-09-     Mayor, City of Jurupa Valley,      Avenue, Suite M, Jurupa
                                3381P).            8304 Limonite Avenue, Suite M,     Valley, CA 92509.
                                                   Jurupa Valley, CA 92509.
    San Diego (FEMA Docket     Unincorporated     The Honorable Dianne Jacob,        San Diego County            Feb. 19, 2015.............       060284
     No.: B-1454).              areas of San       Chair, San Diego County Board of   Department of Public
                                Diego County,      Supervisors, 1600 Pacific          Works, Flood Control
                                (14-09-3872P).     Highway, San Diego, CA 92101.      Division, 5510 Overland
                                                                                Avenue, Suite 410, San
                                                                                Diego, CA 92123.
Colorado:
    Douglas (FEMA Docket No.:  Town of Castle     The Honorable Paul Donahue,        Utilities Department, 175   Jan. 30, 2015.............       080050
     B-1454).                   Rock (14-08-       Mayor, Town of Castle Rock, 100    Kellogg Court, Castle
                                1036P).            North Wilcox Street, Castle        Rock, CO 80109.
                                                   Rock, CO 80104.
    Douglas (FEMA Docket No.:  Unincorporated     The Honorable Roger Partridge,     The Honorable Roger         Jan. 30, 2015.............       080049
     B-1454).                   areas of Douglas   Chairman, Douglas County Board     Partridge, Chairman,
                                County (14-08-     of Commissioners, 100 3rd          Douglas County Board of
                                1036P).            Street, Castle Rock, CO 80104.     Commissioners, 100 3rd
                                                                                Street, Castle Rock, CO
                                                                                80104.
    El Paso (FEMA Docket No.:  City of Colorado   The Honorable Steve Bach, Mayor,   City Administration, 30     Jan. 29, 2015.............       080060
     B-1454).                   Springs (14-08-    City of Colorado Springs, 30       South Nevada Avenue,
                                0534P).            South Nevada Avenue, Colorado      Colorado Springs, CO
                                                   Springs, CO 80903.                 80903.
    El Paso (FEMA Docket No.:  Town of Monument   The Honorable Rafael Dominguez,    Town Hall, 645 Beacon Lite  Feb. 19, 2015.............       080064
     B-1454).                   (14-08-0567P).     Mayor, Town of Monument, 645       Road, Monument, CO 80132.
                                                   Beacon Lite Road, Monument, CO
                                                   80132.
    El Paso (FEMA Docket No.:  Unincorporated     The Honorable Dennis Hisey,        El Paso County              Jan. 29, 2015.............       080059
     B-1454).                   areas of El Paso   Chairman, El Paso County Board     Administrator, 2880
                                County (14-08-     of Commissioners, 200 South        International Circle,
                                0534P).            Cascade Avenue, Suite 100,         Colorado Springs, CO
                                                   Colorado Springs, CO 80903.        80910.
    El Paso (FEMA Docket No.:  Unincorporated     The Honorable Dennis Hisey,        El Paso County              Feb. 19, 2015.............       080059
     B-1454).                   areas of El Paso   Chairman, El Paso County Board     Administrator, 2880
                                County (14-08-     of Commissioners, 200 South        International Circle,
                                0567P).            Cascade Avenue, Suite 100,         Colorado Springs, CO
                                                   Colorado Springs, CO 80903.        80910.
Florida:
    Charlotte (FEMA Docket     Unincorporated     The Honorable Ken Doherty,         Charlotte County Community  Jan. 29, 2015.............       120061
     No.: B-1454).              areas of           Chairman, Charlotte County Board   Development Department,
                                Charlotte County   of Commissioners, 18500 Murdock    18500 Murdock Circle,
                                (14-04-7742P).     Circle, Suite 536, Port            Port Charlotte, FL 33948.
                                                   Charlotte, FL 33948.
    Lee (FEMA Docket No.: B-   Unincorporated     The Honorable Larry Kiker,         Lee County Community        Jan. 15, 2015.............       125124
     1464).                     areas of Lee       Chairman, Lee County Board of      Development Department,
                                County (14-04-     Commissioners, P.O. Box 398,       1500 Monroe Street, Fort
                                6406P).            Fort Myers, FL 33902.              Myers, FL 33901.
Georgia:
    Lee (FEMA Docket No.: B-   Unincorporated     The Honorable Rick Muggridge,      Lee County Courthouse, 104  Feb. 19, 2015.............       130122
     1454).                     areas of Lee       Chairman, Lee County Board of      Leslie Highway, Leesburg,
                                County (14-04-     Commissioners, 110 Starkville      GA 31763.
                                0919P).            Avenue North, Leesburg, GA
                                                   31763.
    Worth (FEMA Docket No.: B- Unincorporated     The Honorable Mike Cosby,          Worth County Courthouse,    Feb. 19, 2015.............       130196
     1454).                     areas of Worth     Chairman, Worth County Board of    201 North Main Street,
                                County (14-04-     Commissioners, 201 North Main      Sylvester, GA 31791.
                                0919P).            Street, Sylvester, GA 31791.
Hawaii:
    Hawaii (FEMA Docket No.:   Hawaii County (14- The Honorable William P. Kenoi,    Hawaii County Department    Jan. 26, 2015.............       155166
     B-1464).                   09-1104P).         Mayor, Hawaii County, 25 Aupuni    of Public Works, 101
                                                   Steet, Hilo, HI 96720.             Pauahi Street, Suite 7,
                                                                                Hilo, HI 96720.
    Hawaii (FEMA Docket No.:   Hawaii County (14- The Honorable William P. Kenoi,    Hawaii County Department    Feb. 9, 2015..............       155166
     B-1454).                   09-2534P).         Mayor, Hawaii County, 25 Aupuni    of Public Works, 101
                                                   Steet, Hilo, HI 96720.             Pauahi Street, Suite 7,
                                                                                Hilo, HI 96720.
Nevada:
    Clark (FEMA Docket No.: B- City of Boulder    The Honorable Roger Tobler,        Engineering Department,     Feb. 19, 2015.............       320004
     1460).                     City (14-09-       Mayor, City of Boulder City, 401   401 California Avenue,
                                1535P).            California Avenue, Boulder City,   Boulder City, NV 89005.
                                                   NV 89005.
    Clark (FEMA Docket No.: B- City of Henderson  The Honorable Andy A. Hafen,       Public Works Department,    Feb. 2, 2015..............       320005
     1454).                     (14-09-2535P).     Mayor, City of Henderson, P.O.     240 Water Street,
                                                   Box 95050, Henderson, NV 89009.    Henderson, NV 89015.
    Clark (FEMA Docket No.: B- Unincorporated     The Honorable Steve Sisolak,       Clark County Public Works   Feb. 19, 2015.............       320003
     1460).                     areas of Clark     Chairman, Clark County Board of    Department, 500 Grand
                                County (14-09-     Commissioners, 500 South Grand     Central Parkway, Las
                                2584P).            Central Parkway, Las Vegas, NV     Vegas, NV 89155.
                                                   89155.
    Elko (FEMA Docket No.: B-  City of Elko (14-  The Honorable Chris J. Johnson,    Engineering Department,     Feb. 5, 2015..............       320010
     1454).                     09-3720P).         Mayor, City of Elko, 1751          1751 College Avenue,
                                                   College Avenue, Elko, NV 89801.    Elko, NV 89801.

North Carolina:
    Columbus (FEMA Docket      Unincorporated     Mr. William S. Clark, Manager,     Columbus County Building    Feb. 20, 2015.............       370305
     No.: B-1464).              areas of           Columbus County, 111 Washington    Inspections Office, 306
                                Columbus County    Street, Whiteville, NC 28472.      Jefferson Street,
                                (14-04-2787P).                                        Whiteville, NC 28472.
    Graham (FEMA Docket No.:   Unincorporated     Mr. Greg Cable, Manager, Graham    Graham County Emergency     Jan. 30, 2015.............       370105
     B-1454).                   areas of Graham    County, 12 North Main Street,      Management Services
                                County (14-04-     Robbinsville, NC 28771.            Department, 70 West Fort
                                1210P).                                               Hill Road, Robbinsville,
                                                                                NC 28771.
    Guilford (FEMA Docket      City of High       The Honorable William Bencini,     Engineering Services        Nov. 27, 2014.............       370113
     No.: B-1442).              Point (14-04-      Jr., Mayor, City of High Point,    Department, 211 South
                                2188P).            211 South Hamilton Street, High    Hamilton Street, High
                                                   Point, NC 27260.                   Point, NC 27260.
    Mecklenburg (FEMA Docket   City of Charlotte  The Honorable Daniel Clodfelter,   Mecklenburg County Storm    Feb. 24, 2015.............       370159
     No.: B-1464).              (14-04-4804P).     Mayor, City of Charlotte, 600      Water Services Division,
                                                   East 4th Street, Charlotte, NC     700 North Tyron Street,
                                                   28202.                             Charlotte, NC 28202.
    Mecklenburg (FEMA Docket   City of Charlotte  The Honorable Daniel Clodfelter,   Mecklenburg County Storm    Feb. 19, 2015.............       370159
     No.: B-1460).              (14-04-8637P).     Mayor, City of Charlotte, 600      Water Services Division,
                                                   East 4th Street, Charlotte, NC     700 North Tryon Street,
                                                   28202.                             Charlotte, NC 28202.
South Carolina:
    Charleston (FEMA Docket    Town of Hollywood  The Honorable Jacquelyn S.         Town Hall, 6316 Highway     Feb. 2, 2015..............       450037
     No.: B-1454).              (14-04-2513P).     Heyward, Mayor, Town of            162, Hollywood, SC 29449.
                                                   Hollywood, P.O. Box 519,
                                                   Hollywood, SC 29449.
    Charleston (FEMA Docket    Town of Ravenel    The Honorable Opal N. Baldwin,     Town Hall, 5962 Highway     Feb. 2, 2015..............       450043
     No.: B-1454).              (14-04-2514P).     Mayor, Town of Ravenel, 5962       165, Suite 100, Ravenel,
                                                   Highway 165, Suite 100, Ravenel,   SC 29470.
                                                   SC 29470.
    Charleston (FEMA Docket    Unincorporated     The Honorable Teddie E. Pryor,     Charleston County Building  Feb. 2, 2015..............       455413
     No.: B-1454).              areas of           Sr., Chairman, Charleston County   Inspection Services
                                Charleston         Council, 4045 Bridge View Drive,   Department, 4045 Bridge
                                County (14-04-     North Charleston, SC 29405.        View Drive, North
                                2513P).                                               Charleston, SC 29405.
    Charleston (FEMA Docket    Unincorporated     The Honorable Teddie E. Pryor,     Charleston County Building  Feb. 2, 2015..............       455413
     No.: B-1454).              areas of           Sr., Chairman, Charleston County   Inspection Services
                                Charleston         Council, 4045 Bridge View Drive,   Department, 4045 Bridge
                                County (14-04-     North Charleston, SC 29405.        View Drive, North
                                2514P).                                               Charleston, SC 29405.
    Charleston (FEMA Docket    Unincorporated     The Honorable Teddie E. Pryor,     Charleston County Building  Feb. 2, 2015..............       455413
     No.: B-1454).              areas of           Sr., Chairman, Charleston County   Inspection Services
                                Charleston         Council, 4045 Bridge View Drive,   Department, 4045 Bridge
                                County (14-04-     North Charleston, SC 29405.        View Drive, North
                                3481P).                                               Charleston, SC 29405.
Utah:
    Davis (FEMA Docket No.: B- City of Kaysville  The Honorable Steve A. Hiatt,      City Hall, 23 East Center   Feb. 13, 2015.............       490046
     1454).                     (14-08-0888P).     Mayor, City of Kaysville, 23       Street, Kaysville, UT
                                                   East Center Street, Kaysville,     84037.
                                                   UT 84037.
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[FR Doc. 2015-11973 Filed 5-15-15; 8:45 am]
 BILLING CODE 9110-12-P