[Federal Register Volume 80, Number 132 (Friday, July 10, 2015)]
[Rules and Regulations]
[Pages 39683-39686]
[FR Doc No: 2015-16984]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2014-0952]
RIN 1625-AA09

Drawbridge Operation Regulation; Victoria Barge Canal,
Bloomington, TX

AGENCY: Coast Guard, DHS.

ACTION: Interim rule with request for comments.

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SUMMARY: The Coast Guard is modifying the method of operation for the
Victoria Barge Canal Railroad Bridge across the Victoria Barge Canal,
mile 29.4, at Bloomington, Victoria County, Texas. The bridge owner,
the Victoria County Navigation District, in conjunction with the Union
Pacific Railroad (UPRR), the operator of the bridge, is operating the
bridge remotely under a temporary deviation. This interim rule codifies
the change in method of operation while allowing for comments regarding
the remote operations. This interim rule increases the efficiency of
operations allowing for the safe navigation of vessels through the
bridge while recognizing the bridge's importance to the Port of
Victoria that it serves.

DATES: This interim rule is effective July 10, 2015.
    Comments and related material must reach the Coast Guard on or
before September 8, 2015.

ADDRESSES: You may submit comments, identified by docket number, using
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is<PHONE_NUMBER>.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Ms. Geri Robinson; Bridge Administration Branch, Eighth
Coast Guard District; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Cheryl F. Collins, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

CFR Code of Federal Regulations
DHS Department of Homeland Security
USCG United States Coast Guard
NEPA National Environmental Policy Act
NPRM Notice of Proposed Rule Making
Sec.  Section Symbol
U.S.C. United States Code
JOC Joint Outfall Canal

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change to http://www.regulations.gov and will include any
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2014-0952), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online, or by fax, mail or hand delivery, but please use only one of
these means. If you submit a comment online via http://www.regulations.gov, it will be considered received by the Coast Guard
when you successfully transmit the comment. If you fax, hand deliver,
or mail your comment, it will be considered as having been received by
the Coast Guard when it is received at the Docket Management Facility.
We recommend that you include your name and a mailing address, an email
address, or a phone number in the body of your document so that we can
contact you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
type the docket number (USCG-2014-0952) in the ``SEARCH'' box and click
``SEARCH.'' Then click on ``Submit a Comment'' on the line associated
with this rulemaking.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number (USCG-2014-0952) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.

3. Privacy Act

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

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one to the docket using one of the four methods specified
under ADDRESSES. Please explain why one would be beneficial. If we
determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.

B. Regulatory History and Information

    On December 30, 2014, we published a temporary deviation from
regulations; request for comments (TD) entitled, ``Drawbridge Operation
Regulation; Victoria Barge Canal, Bloomington, Texas'' in the Federal
Register (79 FR 78304). We received no comments on the temporary
deviation. No public meeting was requested, and none was held.
    The Coast Guard is issuing this interim final rule without prior
notice pursuant to authority under section 4(a) of the Administrative
Procedure Act (APA) (5 U.S.C.) 553(b)). This provision authorizes an
agency to issue a rule without prior notice and opportunity to comment
when the agency for good cause finds that those procedures are
``impracticable, unnecessary, or contrary to the public interest.''
Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists
for not publishing a NPRM with respect to this rule because doing so
would be impracticable and contrary to the public interest. This bridge
has been operating on a modified schedule under a temporary deviation,
and given that we have received no comments, we believe that the
schedule has been working. Reverting to the old schedule in order to
accept comment would present logistical difficulties for the operator
and users.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective in less than 30 days after
publication in the Federal Register. Under the Temporary Deviation
published on December 30, 2014, this bridge has been remotely operated,
and mariners will benefit from there not being any changes to the
ongoing method of operation of the bridge that has been in place for
the past six months.

C. Basis and Purpose

    The Coast Guard received a request from the bridge owner, the
Victoria County Navigation District, in conjunction with the bridge
operator, the Union Pacific Railroad (UPRR) to remotely operate the
vertical lift span bridge across the Victoria Barge Canal, at Mile 29.4
near Bloomington, Texas. The bridge owner and operator requested to
operate the bridge remotely from its dispatching center in Spring,
Texas and remove the requirement that a bridge tender be present on
site at all times. A temporary deviation was issued permitting these
practices. Under the procedures now in use, the bridge will continue to
open on signal for the passage of vessels.
    This final rule will allow the bridge operator to increase
efficiency of bridge operations and vessel transit by remotely
operating the bridge. This method provides for the opening signal to be
received by the railroad dispatcher and allows the dispatcher to open
the bridge from a remote location. Vessel traffic on the waterway will
be monitored by the railroad dispatcher by use of an Automatic
Identification System (AIS). The AIS System allows the Port of Victoria
and the UPRR dispatcher to determine where vessels are located along
the waterway in the vicinity of the bridge. We also note that the
Victoria County Navigation District has a carriage requirement that all
vessels desiring to transit the Victoria Barge Canal to the Port of
Victoria be equipped with an operating AIS transponder.
    The Victoria Barge Canal Railroad Bridge is a vertical lift span
bridge across the Victoria Barge Canal, at Mile 29.4 near Bloomington,
Texas. The vertical lift bridge has a vertical clearance of 22 feet
above high water in the closed-to-navigation position and 50 feet above
high water in the open-to-navigation position. Traffic on this waterway
is primarily commercial and consists of vessels and tows that provide
services to the Port of Victoria.

D. Discussion of Comments, Changes and the Interim Rule

    No comments were received during the comment period of the
temporary deviation. However, a contractor raised an issue regarding
the requirements of dispatchers to contact the vessels when a vessel
entered the two-mile bridge zone. In response to this concern, the
Coast Guard decided that further comments would be accepted under an
Interim Rule.
    The bridge owner, the Victoria County Navigation District, in
conjunction with

the Union Pacific Railroad (UPRR), the operator of the bridge,
requested permission to remotely operate the bridge. A test deviation
was performed to test the proposed remote operating system as the
method for opening the bridge under the existing operating schedule and
to determine whether a permanent change to remote operations should be
approved.
    Prior to the granting of the temporary deviation, the bridge opened
on signal for the passage of vessels in accordance with 33 CFR 117.5.
When a request signal to open the bridge is received and before opening
the bridge for vessel traffic, the tender was required by his company
to contact the railroad dispatcher so that railroad traffic could be
stopped. Under the existing deviation, the bridge continues to open on
signal for the passage of vessels, but the method of opening the bridge
is accomplished through remote operation by the railroad dispatcher.
    The bridge operator, UPRR, determined that by remotely operating
the bridge, vessel transit through the bridge is more efficient. This
remote method of operation provides for the signal to open to be
received directly by the railroad dispatcher and will allow the
railroad dispatcher to then open the bridge from the remote location.
    The Interim Rule allows for mariners to continue their transit
while the bridge is remotely operated and to comment as to whether the
proposed method of operation is sufficient to insure the safety of
vessels transiting the area.
    This interim rule allows the bridge to be unmanned and operated
remotely at all times. To facilitate the continued smooth operation of
the bridge, mariners should exchange opening requests using the
following method:
    1. When a vessel with AIS equipment onboard approaches the two-mile
post, the dispatcher will receive a prompt to open the bridge, if
required, because a vessel is approaching. The vessel may continue to
transit the waterway, but must tune their radiotelephone to VHF-FM
channel 13 and receive passing instructions from the railroad
dispatcher. The dispatcher must contact the vessel promptly to provide
passing instructions to ensure the continued safe transit of the
vessel. Operators of vessels without AIS equipment or operators of
vessels with AIS who prefer to contact the railroad dispatcher via
telephone may call the railroad dispatcher at<PHONE_NUMBER> to receive
instructions and arrange passing.
    2. When any vessel approaches the one mile post, the railroad
dispatcher should have either cleared the vessel through the bridge or
given an indication that a train is in the block and the vessel will be
cleared as soon as practicable. If the vessel operator has not yet
communicated with the railroad dispatcher, the vessel operator should
immediately call the railroad dispatcher via telephone at<PHONE_NUMBER>.
    3. If any vessel reaches the one-half mile post and has not
communicated with the railroad dispatcher nor been cleared to proceed,
the vessel should stop and contact either the railroad dispatcher at
800-262-4691 or the Port of Victoria emergency contact at<PHONE_NUMBER>.
    Traffic on this waterway is primarily commercial and consists of
vessels and tows that provide services to the Port of Victoria.

E. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Order 12866 or under
section 1 of Executive Order 13563. The Office of Management and Budget
has not reviewed it under those Orders.
    This rule allows all vessels utilizing this stretch of the waterway
to continue to transit the waterway unencumbered while provide for the
bridge owner to operate the bridge from a remote location. Vessel
operators should not see any changes in the efficiency of vessel
movements as the bridge will still be required to open on signal for
the passage of vessels.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
would not have a significant economic impact on a substantial number of
small entities.
    This rule will affect the following entities, some of which may be
small entities: the property owners, vessel operators and waterway
users who wish to transit on Victoria Barge Canal daily. This rule will
not have a significant impact on a substantial number of small entities
for the following reasons: a test deviation was conducted and no
opposition in response to the test was received by the Coast Guard
Office of Bridge Administration. Further, through pre-coordination and
consultation with property owners, vessel operators and waterway users,
this operating schedule will accommodate all waterway users with
minimal impact to their transits on the waterway.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

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

5. Federalism

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

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

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

12. Energy Effects

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

13. Technical Standards

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

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guides the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a
determination that this action is one of a category of actions which do
not individually or cumulatively have a significant effect on the human
environment. This rule simply promulgates the operating regulations or
procedures for drawbridges. This rule is categorically excluded, under
figure 2-1, paragraph (32)(e), of the Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule.

List of Subjects in 33 CFR Part 117

    Bridges.

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

PART 117--DRAWBRIDGE OPERATION REGULATIONS

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

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

0
2. Add Sec.  117.991 to read as follows:

Sec.  117.991  Victoria Barge Canal

    The draw of the Victoria Barge Canal Railroad Bridge across
Victoria Barge Canal, mile 29.4, at the Bloomington, Victoria County,
Texas, shall operate as follows:
    (a) The draw shall be unmanned and when a vessel with AIS equipment
onboard approaches the two-mile post, the dispatcher will receive a
prompt to open the bridge, if required, because a vessel is
approaching. The vessel may continue to transit the waterway, but must
tune their radiotelephone to VHF-FM channel 13 and receive passing
instructions from the railroad dispatcher. The dispatcher must contact
the vessel promptly to provide passing instruction to insure the
continued safe transit of the vessel. Vessels without AIS equipment or
vessels with AIS who would prefer to call via telephone, may call the
railroad dispatcher at<PHONE_NUMBER> to arrange passing instructions.
    (b) When any vessel approaches the one-mile post, the railroad
dispatcher should have either cleared the vessel through the bridge or
given an indication that a train is in the block and the vessel will be
cleared as soon as practicable. If the vessel has not yet spoken with
the railroad dispatcher, the vessel should immediately call the
railroad dispatcher via telephone at<PHONE_NUMBER>.
    (c) If any vessel reaches the one-half mile post and has not
communicated with the railroad dispatcher nor been cleared to proceed,
the vessel should stop and contact either the railroad dispatcher at
800-262-4691 or the Port of Victoria emergency contact at<PHONE_NUMBER>.

    Dated: June 17, 2015.
David R. Callahan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2015-16984 Filed 7-9-15; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register: February 10, 2006 (Volume 71, Number 28)]
[Notices]
[Page 7037-7038]
[DOCID:fr10fe06-65]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8031-1]

Proposed Consent Decree, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed consent decree; request for public comment.

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SUMMARY: In accordance with section 113(g) of the Clean Air Act, as
amended (``Act''), 42 U.S.C. 7413(g), notice is hereby given of a
proposed consent decree, to address a deadline suit filed by Sierra
Club: Sierra Club v. Johnson, No. 05CV02177 (RMC) (D. DC). On July 9,
2002 and November 18, 2002, Sierra Club petitioned EPA to object to
certain Clean Air Act Title V permit amendments proposed by the Georgia
Environmental Protection Division for steam generating plants at (1)
Georgia Power's Bowen Steam-Electric Generating Plant (``the Bowen
plant'') and (2) the Bowen, McDonough/Atkinson, Yates, Hammond,
Wansley, Scherer, and Branch Steam-Electric Generating Plants
(collectively ``the seven power plants'') in the State of Georgia.
Subsequently, Sierra Club filed suit, alleging that the Administrator
failed to perform his nondiscretionary duty to respond to the petitions
within sixty days of the date they were filed. Under the terms of
today's proposed consent decree, EPA has agreed to respond to the
petitions by March 15, 2006, and Sierra Club has agreed that if EPA
does so, Sierra Club will dismiss its suit with prejudice. In addition,
EPA has agreed to pay Sierra Club a specified amount in settlement for
attorneys' fees in this matter.

DATES: Written comments on the proposed consent decree must be received
by March 13, 2006.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2006-0105, online at http://www.regulations.gov (EPA's preferred method); by e-mail to<EMAIL_ADDRESS>mailed to EPA Docket Center,

Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001; or by hand delivery or courier to
EPA Docket Center, EPA West, Room B102, 1301 Constitution Ave., NW.,
Washington, DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday,
excluding legal holidays. Comments on a disk or CD-ROM should be
formatted in Wordperfect or ASCII file, avoiding the use of special
characters and any form

of encryption, and may be mailed to the mailing address above.

FOR FURTHER INFORMATION CONTACT: Howard J. Hoffman, Air and Radiation
Law Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone:<PHONE_NUMBER>; fax number<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    This proposed consent decree would resolve a deadline suit to
require EPA to respond to two administrative petitions that EPA object
to certain Title V permit amendments proposed by the Georgia
Environmental Protection Division for the Bowen plant and the seven
power plants in the State of Georgia. Under the proposed decree, Sierra
Club would agree to dismiss the lawsuit if the Administrator responds
to the petitions by March 15, 2006. The consent decree does not specify
the type of response that the Administrator must make to the petitions.
If the consent decree becomes final and the Administrator responds to
the petitions by March 15, 2006, Sierra Club will dismiss the case and
EPA will pay Sierra Club a specified amount in settlement of its claims
for attorneys' fees.
    For a period of thirty (30) days following the date of publication
of this notice, the Agency will receive written comments relating to
the proposed consent decree from persons who were not named as parties
or interveners to the litigation in question. EPA or the Department of
Justice may withdraw or withhold consent to the proposed consent decree
if the comments disclose facts or considerations that indicate that
such consent is inappropriate, improper, inadequate, or inconsistent
with the requirements of the Act. Unless EPA or the Department of
Justice determines, based on any comment which may be submitted, that
consent to the consent decree should be withdrawn, the terms of the
decree will be affirmed.

II. Additional Information About Commenting on the Proposed Consent
Decree

A. How Can I Get a Copy of the Consent Decree?

    Direct your comments to the official public docket for this action
under Docket ID No. EPA-HQ-OGC-2006-0105 which contains a copy of the
consent decree. The official public docket is available for public
viewing at the Office of Environmental Information (OEI) Docket in the
EPA Docket Center, EPA West, Room B102, 1301 Constitution Ave., NW.,
Washington, DC. The EPA Docket Center Public Reading Room is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OEI Docket is (202) 566-
1752.
    An electronic version of the public docket is available through
http://www.regulations.gov. You may use the www.regulations.gov Web site to

submit or view public comments, to access the index listing of the
contents of the official public docket, and to access those documents
in the public docket that are available electronically. Once in the
system, select ``search,'' then key in the appropriate docket
identification number.
    It is important to note that EPA's policy is that public comments,
whether submitted electronically or in paper, will be made available
for public viewing online at http://www.regulations.gov without change,

unless the comment contains copyrighted material, CBI, or other
information whose disclosure is restricted by statute. Information
claimed as CBI and other information whose disclosure is restricted by
statute is not included in the official public docket or in the
electronic public docket. EPA's policy is that copyrighted material,
including copyrighted material contained in a public comment, will not
be placed in EPA's electronic public docket but will be available only
in printed, paper form in the official public docket. Although not all
docket materials may be available electronically, you may still access
any of the publicly available docket materials through the EPA Docket
Center.

B. How and To Whom Do I Submit Comments?

    You may submit comments as provided in the ADDRESSES section.
Please ensure that your comments are submitted within the specified
comment period. Comments received after the close of the comment period
will be marked ``late.'' EPA is not required to consider these late
comments.
    If you submit an electronic comment, EPA recommends that you
include your name, mailing address, and an e-mail address or other
contact information in the body of your comment and with any disk or
CD-ROM you submit. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. Any identifying or
contact information provided in the body of a comment will be included
as part of the comment that is placed in the official public docket,
and made available in EPA's electronic public docket. If EPA cannot
read your comment due to technical difficulties and cannot contact you
for clarification, EPA may not be able to consider your comment.
    Use of the http://www.regulations.gov Web site to submit comments to EPA

electronically is EPA's preferred method for receiving comments. The
electronic public docket system is an ``anonymous access'' system,
which means EPA will not know your identity, e-mail address, or other
contact information unless you provide it in the body of your comment.
In contrast to EPA's electronic public docket, EPA's electronic mail
(e-mail) system is not an ``anonymous access'' system. If you send an
e-mail comment directly to the Docket without going through
http://www.regulations.gov, your e-mail address is automatically captured and

included as part of the comment that is placed in the official public
docket, and made available in EPA's electronic public docket.

    Dated: February 1, 2006.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. E6-1912 Filed 2-9-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 153 (Thursday, August 10, 2023)]
[Notices]
[Pages 54396-54397]
[FR Doc No: 2023-17099]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Hazardous Materials: Notice of Applications for New Special
Permits

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

ACTION: List of applications for special permits.

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SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations, notice is hereby given
that the Office of Hazardous Materials Safety has received the
application described herein.

DATES: Comments must be received on or before September 11, 2023.

ADDRESSES: Record Center, Pipeline and Hazardous Materials Safety
Administration U.S. Department of Transportation Washington, DC 20590.
    Comments should refer to the application number and be submitted in
triplicate. If confirmation of receipt of comments is desired, include
a self-addressed stamped postcard showing the special permit number.

FOR FURTHER INFORMATION CONTACT: Donald Burger, Chief, Office of
Hazardous Materials Safety General Approvals and Permits Branch,
Pipeline and Hazardous Materials Safety Administration, U.S. Department
of Transportation, East Building, PHH-13, 1200 New Jersey Avenue
Southeast, Washington, DC 20590-0001,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Each mode of transportation for which a
particular special permit is requested is indicated by a number in the
``Nature of Application'' portion of the table below as follows: 1--
Motor vehicle, 2--Rail freight, 3--Cargo vessel, 4--Cargo aircraft
only, 5--Passenger-carrying aircraft.
    Copies of the applications are available for inspection in the
Records Center, East Building, PHH-13, 1200 New Jersey Avenue
Southeast, Washington, DC.
    This notice of receipt of applications for special permit is
published in accordance with part 107 of the Federal hazardous
materials transportation law (49 U.S.C. 5117(b); 49 CFR 1.53(b)).

    Issued in Washington, DC, on July 28, 2023.
Donald P. Burger,
Chief, General Approvals and Permits Branch.

                          Special Permits Data
------------------------------------------------------------------------
                                                        Nature of the
 Application No.     Applicant      Regulation(s)      special permits
                                       affected            thereof
------------------------------------------------------------------------
21582-N.........  ABG Bag, Inc...  172.102,         To authorize the
                                    173.36(b)(2),    manufacture, mark,
                                    173.241(e)(1).   sale, and use of UN
                                                     51H large
                                                     packagings for the
                                                     purpose of
                                                     transporting
                                                     polychlorinated
                                                     biphenyls by motor
                                                     vehicle. (mode 1)
21584-N.........  National Air     172.204(c)(3),   To authorize the
                   Cargo Group,     172.101(j),      transportation in
                   Inc.             173.27(b)(2),    commerce by cargo-
                                    173.27(b)(3),    only aircraft of
                                    175.30(a)(1).    Class 1 explosives
                                                     which are forbidden
                                                     or exceed the
                                                     quantities
                                                     authorized in
                                                     172.101 Column 9B.
                                                     (mode 4)
21586-N.........  OEC Freight      173.241........  To authorize the
                   (NY) Inc.                         transportation in
                                                     commerce of a
                                                     hazardous substance
                                                     (ethylene glycol)
                                                     in alternative
                                                     packaging. (mode 1)

21588-N.........  Ford Motor       173.185(h).....  To authorize the
                   Company.                          transportation in
                                                     commerce of lithium
                                                     ion batteries
                                                     exceeding 35 kg
                                                     aboard cargo-only
                                                     aircraft. (mode 4)
21589-N.........  Department of    172.400(b),      To authorize the
                   Energy.          173.302a(a)(1)   transportation in
                                    , 173.56(b).     commerce of certain
                                                     hazardous materials
                                                     in non-DOT
                                                     specification
                                                     pressure vessels
                                                     that are equipped
                                                     with a valve with a
                                                     Class 1 component
                                                     that has not be
                                                     classified in
                                                     accordance with 49
                                                     CFR 173.56(b).
                                                     (mode 1)
21593-N.........  Livent USA Corp  Parts 172, 173.  To authorize the
                                                     transportation in
                                                     commerce of certain
                                                     hazardous materials
                                                     between applicant
                                                     facilities
                                                     (distances of less
                                                     than one mile)
                                                     without being
                                                     subject to Parts
                                                     172 and 173 of the
                                                     Hazardous Materials
                                                     Regulations. (mode
                                                     1)
21598-N.........  ME Logistic      173.185(e).....  To authorize the
                   Services GmbH                     shipment of low
                   & Co.KG.                          production
                                                     batteries exceeding
                                                     the quantity
                                                     limitation. (modes
                                                     1, 4)
21601-N.........  Air Liquide      173.3(e)(1)....  To authorize the
                   Electronics                       transportation in
                   U.S. LP.                          commerce of
                                                     specification DOT
                                                     3A480 cylinders
                                                     with valve
                                                     assemblies that
                                                     have been repaired
                                                     using an alternate
                                                     method. (mode 1)
21602-N.........  Sharpsville      178.601(k)(1)(i  To authorize the
                   Container        ).               manufacture, mark,
                   Corporation.                      sale, and use of UN
                                                     specification steel
                                                     drums, other than
                                                     stainless steel
                                                     drums, that have
                                                     been tested in the
                                                     same manner as
                                                     stainless steel
                                                     drums. (mode 1)
21605-N.........  The United       172.101........  To authorize the
                   States                            transportation of
                   Department of                     batteries
                   Air Force.                        containing acid or
                                                     alkali, battery
                                                     acid fluid, non-
                                                     spillable wet
                                                     batteries, and
                                                     lithium ion
                                                     batteries
                                                     (including those
                                                     packed with or in
                                                     equipment) on the
                                                     same vehicle,
                                                     without being
                                                     subject to certain
                                                     requirements of the
                                                     Hazardous Materials
                                                     Regulations. (mode
                                                     4)
21608-N.........  Columbiana       178.274(b),      To authorize the
                   Boiler           178.275(a),      transportation in
                   Company, LLC.    178.276(b)(1),   commerce of non-DOT
                                    180.605(d).      specification
                                                     portable tanks for
                                                     the transportation
                                                     in commerce of
                                                     certain toxic or
                                                     corrosive hazardous
                                                     materials. (modes
                                                     1, 4)
21609-N.........  Polaris          172.101(j).....  To authorize the
                   Industries Inc.                   transportation in
                                                     commerce of lithium
                                                     batteries exceeding
                                                     35 kg by cargo-only
                                                     aircraft. (mode 4)
21611-N.........  Cenergy          172.101(a),      To authorize the
                   Solutions Inc.   173.302.         transportation in
                                                     commerce of methane
                                                     contained in MC-331
                                                     cargo tanks via
                                                     highway. (mode 1)
------------------------------------------------------------------------

[FR Doc. 2023-17099 Filed 8-9-23; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register: August 10, 2006 (Volume 71, Number 154)]
[Notices]
[Page 45810]
[DOCID:fr10au06-56]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[ Docket No. RP97-255-070]

TransColorado Gas Transmission Company; Notice of Compliance
Filing

August 2, 2006.
    Take notice that on July 31, 2006, TransColorado Gas Transmission
Company (TransColorado) tendered for filing of its FERC Gas Tariff,
First Revised Volume No. 1, Eighth Revised Sheet No. 22B, to be
effective August 1, 2006.
    TransColorado stated that a copy of this filing has been served
upon all parties to this proceeding, TransColorado's customers, the
Colorado Public Utilities Commission and the New Mexico Public
Utilities Commission.
    Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing will be considered by the
Commission in determining the appropriate action to be taken, but will
not serve to make protestants parties to the proceeding. Such protests
must be filed in accordance with the provisions of section 154.210 of
the Commission's regulations (18 CFR 154.210). Anyone filing a protest
must serve a copy of that document on all the parties to the
proceeding.
    The Commission encourages electronic submission of protests in lieu
of paper using the ``eFiling'' link at http://www.ferc.gov. Persons

unable to file electronically should submit an original and 14 copies
of the protest to the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    This filing is accessible online at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E6-13054 Filed 8-9-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 146 (Monday, August 1, 2022)]
[Notices]
[Pages 46961-46962]
[FR Doc No: 2022-16387]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-N-2474]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Designated New Animal Drugs for Minor Use and Minor
Species

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA, Agency, or we) is
announcing an opportunity for public comment on the proposed collection
of certain information by the Agency. Under the Paperwork Reduction Act
of 1995 (PRA), Federal Agencies are required to publish notice in the
Federal Register concerning each proposed collection of information,
including each proposed extension of an existing collection of
information, and to allow 60 days for public comment in response to the
notice. This notice solicits comments on the reporting associated with
regulations specifying the criteria and procedures for minor uses and
minor species (MUMS) new animal drug designation requests.

DATES: Either electronic or written comments on the collection of
information must be submitted by September 30, 2022.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of September 30, 2022. Comments
received by mail/hand delivery/courier (for written/paper submissions)
will be considered timely if they are received on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2016-N-2474 for ``Agency Information Collection Activities;
Proposed Collection; Comment Request; Designated New Animal Drugs for
Minor Use and Minor Species.'' Received comments, those filed in a
timely manner (see ADDRESSES), will be placed in the docket and, except
for those submitted as ``Confidential Submissions,'' publicly viewable
at https://www.regulations.gov or at the Dockets Management Staff
between 9 a.m. and 4 p.m., Monday through Friday,<PHONE_NUMBER>.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Rachel Showalter, Office of
Operations, Food and Drug Administration, Three White Flint North, 10A-
12M, 11601 Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3521), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests

or requirements that members of the public submit reports, keep
records, or provide information to a third party. Section 3506(c)(2)(A)
of the PRA (44 U.S.C. 3506(c)(2)(A)) requires Federal Agencies to
provide a 60-day notice in the Federal Register concerning each
proposed collection of information, including each proposed extension
of an existing collection of information, before submitting the
collection to OMB for approval. To comply with this requirement, FDA is
publishing notice of the proposed collection of information set forth
in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

Reporting Associated With Designated New Animal Drugs for Minor Use and
Minor Species--21 CFR Part 516

OMB Control Number 0910-0605--Extension

    The Federal Food, Drug, and Cosmetic Act (FD&C Act) authorizes FDA
to implement regulatory procedures intended to make more medications
legally available to veterinarians and animal owners for the treatment
of minor animal species as well as uncommon diseases in major animal
species (21 U.S.C. 360ccc). This statutory authority provides
incentives designed to help pharmaceutical companies overcome the
financial burdens they face in providing limited-demand animal drugs.
These incentives are only available to sponsors who have had their
drugs designated by FDA under section 573 of the MUMS Act. Minor use
drugs are drugs for use in major species (cattle, horses, swine,
chickens, turkeys, dogs, and cats) that are needed for diseases that
occur in only a small number of animals either because they occur
infrequently or in limited geographic areas. Minor species are all
animals other than the major species, for example, zoo animals,
ornamental fish, parrots, ferrets, and guinea pigs. Some animals of
agricultural importance are also minor species. These include animals
such as sheep, goats, catfish, and honeybees.
    MUMS-drug designation is completely optional for drug sponsors. The
associated reporting only applies to those sponsors who request and are
subsequently granted MUMS-drug designation status. Our regulations in
21 CFR part 516 specify the criteria and procedures for requesting
MUMS-drug designation as well as the annual reporting requirements for
MUMS designees. Sponsors use FDA's ``eSubmitter'' system to fill out a
series of system generated screens to submit their request and annual
report electronically. To access the ``eSubmitter'' system, sponsors
will use a previously established account. Additional information about
this system is available on our website at: https://www.fda.gov/industry/fda-esubmitter.
    Description of Respondents: The respondents to this information
collection are pharmaceutical companies that sponsor new animal drugs.
    FDA estimates the burden of this collection of information as
follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of
    21 CFR section; activity         Number of     responses per   Total annual   Average burden    Total hours
                                    respondents     respondent       responses     per response
----------------------------------------------------------------------------------------------------------------
516.20; content and format of                 15               5              75              16           1,200
 MUMS-drug designation request..
516.26; requirements for                       3               1               3               2               6
 amending MUMS-drug designation.
516.27; change in sponsorship of               1               1               1               1               1
 MUMS-drug designation..........
516.29; termination of MUMS-drug               2               1               2               1               2
 designation....................
516.30; requirements of annual                15               5              75               2             150
 reports from sponsor(s) of MUMS-
 designated drugs...............
516.36; consequences for                       1               1               1               3               3
 insufficient quantities of MUMS-
 designated drugs...............
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............           1,362
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    Based on a review of the information collection since our last
request for OMB approval, we have made no adjustments to our burden
estimate.

    Dated: July 19, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022-16387 Filed 7-29-22; 8:45 am]
BILLING CODE 4164-01-P