[Federal Register Volume 82, Number 126 (Monday, July 3, 2017)]
[Notices]
[Pages 30846-30847]
[FR Doc No: 2017-13956]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CD17-14-000]

Three Sisters Irrigation District; Notice of Preliminary
Determination of a Qualifying Conduit Hydropower Facility and
Soliciting Comments and Motions To Intervene

    On June 22, 2017, Three Sisters Irrigation District filed a notice
of intent to construct a qualifying conduit hydropower facility,
pursuant to section 30 of the Federal Power Act (FPA), as amended by
section 4 of the Hydropower Regulatory Efficiency Act of 2013 (HREA).
The proposed McKenzie Reservoir Hydroelectric Facility Project would
have an installed capacity of 300 kilowatts (kW), and would be located
on the proposed 5.5-miles-long irrigation pipeline. The project would
be located in the town of Sisters, Deschutes County, Oregon.
    Applicant Contact: Marc Thalacker, P.O. Box 2230, Sisters, OR
97759, Phone No.<PHONE_NUMBER>.
    FERC Contact: Robert Bell, Phone No.<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>    Qualifying Conduit Hydropower Facility Description: The proposed
project would consist of: (1) A new powerhouse, at the end of the
proposed 42-inch-diameter irrigation pipe; (2) one new turbine/
generating unit with a total installed capacity of 300 kW; (3) a short
tailrace emptying into McKenzie Reservoir, from which irrigation
channels provide water to nearby farms; and (4) appurtenant facilities.
    The proposed project would have an annual generation capacity of
1,300,000 kWh.
    A qualifying conduit hydropower facility is one that is determined
or deemed to meet all of the criteria shown in the table below.

      Table 1--Criteria for Qualifying Conduit Hydropower Facility
------------------------------------------------------------------------
      Statutory provision              Description       Satisfies (Y/N)
------------------------------------------------------------------------
FPA 30(a)(3)(A), as amended by   The conduit the                      Y
 HREA.                            facility uses is a
                                  tunnel, canal,
                                  pipeline, aqueduct,
                                  flume, ditch, or
                                  similar manmade water
                                  conveyance that is
                                  operated for the
                                  distribution of water
                                  for agricultural,
                                  municipal, or
                                  industrial
                                  consumption and not
                                  primarily for the
                                  generation of
                                  electricity.
FPA 30(a)(3)(C)(i), as amended   The facility is                      Y
 by HREA.                         constructed,
                                  operated, or
                                  maintained for the
                                  generation of
                                  electric power and
                                  uses for such
                                  generation only the
                                  hydroelectric
                                  potential of a non-
                                  federally owned
                                  conduit.
FPA 30(a)(3)(C)(ii), as amended  The facility has an                  Y
 by HREA.                         installed capacity
                                  that does not exceed
                                  5 megawatts.
FPA 30(a)(3)(C)(iii), as         On or before August 9,               Y
 amended by HREA.                 2013, the facility is
                                  not licensed, or
                                  exempted from the
                                  licensing
                                  requirements of Part
                                  I of the FPA.
------------------------------------------------------------------------

    Preliminary Determination: The proposed hydroelectric project will
be constructed along a penstock pipeline, which is being built to pass
water from one reservoir to another for irrigation purposes. The
construction of the hydroelectric facility will not alter the
pipeline's primary purpose. Therefore, based upon the above criteria,
Commission staff preliminarily determines that the proposal satisfies
the requirements for a qualifying conduit hydropower facility, which is
not required to be licensed or exempted from licensing.
    Comments and Motions to Intervene: Deadline for filing comments
contesting whether the facility meets the qualifying criteria is 45
days from the issuance date of this notice.
    Deadline for filing motions to intervene is 30 days from the
issuance date of this notice.
    Anyone may submit comments or a motion to intervene in accordance
with the requirements of Rules of Practice and Procedure, 18 CFR
385.210 and 385.214. Any motions to intervene must be received on or
before the specified deadline date for the particular proceeding.
    Filing and Service of Responsive Documents: All filings must (1)
bear in all capital letters the COMMENTS CONTESTING QUALIFICATION FOR A
CONDUIT HYDROPOWER FACILITY or MOTION TO INTERVENE, as applicable; (2)
state in the heading the name of the applicant and the project number
of the application to which the filing responds; (3) state the name,
address, and telephone number of the person filing; and (4) otherwise
comply with the requirements of sections 385.2001 through 385.2005 of
the Commission's regulations.\1\ All comments contesting Commission
staff's preliminary determination that the facility meets the
qualifying criteria must set forth their evidentiary basis.
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    \1\ 18 CFR 385.2001-2005 (2016).
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    The Commission strongly encourages electronic filing. Please file
motions to intervene and comments using the Commission's eFiling system
at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit
brief comments up to 6,000 characters, without prior registration,
using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the
end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>(866) 208-3676 (toll free), or
(202) 502-8659 (TTY). In lieu of electronic filing, please send a paper
copy to: Secretary, Federal Energy Regulatory Commission, 888 First
Street NE., Washington, DC 20426. A copy of all other filings in
reference to this application must be accompanied by proof of service
on all persons listed in the service list prepared by the Commission in
this proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.
    Locations of Notice of Intent: Copies of the notice of intent can
be obtained directly from the applicant or such copies can be viewed
and reproduced at the Commission in its Public Reference Room, Room 2A,
888 First Street NE., Washington, DC 20426. The filing may also be
viewed on the web at http://www.ferc.gov/docs-filing/elibrary.asp using
the ``eLibrary'' link. Enter the docket number (i.e., CD17-14) in the
docket number field to access the document. For assistance, call toll-
free 1-866-208-3676 or email<EMAIL_ADDRESS>For TTY, call
(202) 502-8659.

    Dated: June 27, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-13956 Filed 6-30-17; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 105 (Friday, May 31, 2019)]
[Rules and Regulations]
[Pages 25183-25186]
[FR Doc No: 2019-11179]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2018-0626; FRL-9994-42-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Revision to the Regulatory Definition of a Volatile Organic
Compound

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by the State of Delaware.
This revision pertains to amendments made to the definition of
``volatile organic compound'' (VOC) in the Delaware Administrative Code
to conform with EPA's regulatory definition of VOC. The EPA found that
certain compounds have a negligible photochemical reactivity and
therefore has exempted them from the regulatory definition of VOC in
several rulemaking actions, as discussed below. This revision to the
Delaware SIP requested the exemption of these compounds from the
regulatory definition of VOC to match the actions EPA has taken. The
revision also requested minor changes to the format of some of the
chemical formulas for VOCs that are already excluded from the
definition of VOC in the Delaware SIP. EPA is approving these revisions
to update the definition of VOC in the Delaware SIP under the Clean Air
Act (CAA).

DATES: This final rule is effective on July 1, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2018-0626. All documents in the docket are listed on
the https://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available through
https://www.regulations.gov, or please contact the person identified in
the ``For Further Information Contact'' section for additional
availability information.

FOR FURTHER INFORMATION CONTACT: Elizabeth Gaige, Air Quality Analysis
Branch (3AD40), Air & Radiation Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
The telephone number is<PHONE_NUMBER>. Ms. Gaige can also be reached
via electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    VOCs are organic compounds of carbon that, in the presence of
sunlight, react with sources of oxygen molecules, such as nitrogen
oxides (NOX) and carbon monoxide (CO), in the

atmosphere to produce tropospheric ozone, commonly known as smog.
Common sources that may emit VOCs include paints, coatings,
housekeeping and maintenance products, and building and furnishing
materials. Outdoor emissions of VOCs are regulated by EPA primarily to
prevent the formation of ozone.
    VOCs have different levels of volatility, depending on the
compound, and react at different rates to produce varying amounts of
ozone. VOCs that are non-reactive or of negligible reactivity to form
ozone react slowly and/or form less ozone; therefore, reducing their
emissions has limited effects on local or regional ozone pollution.
Section 302(s) of the CAA specifies that EPA has the authority to
define the meaning of VOC and what compounds shall be treated as VOCs
for regulatory purposes. It is EPA's policy that organic compounds with
a negligible level of reactivity should be excluded from the regulatory
definition of VOC in order to focus control efforts on compounds that
significantly affect ozone concentrations. EPA uses the reactivity of
ethane as the threshold for determining whether a compound has
negligible reactivity. Compounds that are less reactive than, or
equally reactive to, ethane under certain assumed conditions may be
deemed negligibly reactive and, therefore, suitable for exemption by
EPA from the regulatory definition of VOC. The policy of excluding
negligibly reactive compounds from the regulatory definition of VOC was
first laid out in the ``Recommended Policy on Control of Volatile
Organic Compounds'' (42 FR 35314, July 8, 1977) and was supplemented
subsequently with the ``Interim Guidance on Control of Volatile Organic
Compounds in Ozone State Implementation Plans'' (70 FR 54046, September
13, 2005). The regulatory definition of VOC as well as a list of
compounds that are designated by EPA as negligibly reactive can be
found at 40 CFR 51.100(s).
    On September 30, 1999, EPA revised the regulatory definition of VOC
in 40 CFR 51.100(s) to exclude t-butyl acetate (also known as tertiary
butyl acetate or TBAC) from the definition of VOC for purposes of VOC
emissions limitations or VOC content requirements. See 64 FR 52731.\1\
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    \1\ EPA's September 30,1999 final rule continued to define TBAC
as a VOC for purposes of all recordkeeping, emissions reporting,
photochemical dispersion modeling, and inventory requirements that
apply to VOC. On February 25, 2016, EPA revised the regulatory
definition of VOC under 40 CFR 51.100(s) to remove the recordkeeping
and reporting requirements for TBAC (81 FR 9341). EPA's rationale
for this action is explained in more detail in the final rule for
that action.
---------------------------------------------------------------------------

    On November 29, 2004 (69 FR 69290), EPA promulgated a final rule
revising the regulatory definition of VOC in 40 CFR 51.100(s) to add
HFE-7000 (1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane), HFE-7500 [3-
ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl)
hexane], HFC-227ea (1,1,1,2,3,3,3-heptafluoropropane), and methyl
formate to the list of compounds excluded from EPA's regulatory
definition of VOC. On January 18, 2007 (72 FR 2193) and January 21,
2009 (74 FR 3437), EPA promulgated additional final rules revising the
regulatory definition of VOC in 40 CFR 51.100(s) to add HFE-7300
(1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethyl-pentane),
propylene carbonate, and dimethyl carbonate to the list of compounds
excluded from the regulatory definition of VOC. These actions were
based on EPA's consideration of the compounds' negligible reactivity
and low contribution to ozone as well as the low likelihood of risk to
human health or the environment. EPA's rationale for these actions is
explained in more detail in the final rules for these actions.

II. Summary of SIP Revision and EPA Analysis

    In order to conform with EPA's current regulatory definition of VOC
in 40 CFR 51.100(s), Delaware amended Section 2.0 of 7 DE Admin. Code
1101--Definitions and Administrative Principles to add HFE-7000, HFE-
7500, HFC-227ea, methyl formate, HFE-7300, propylene carbonate and
dimethyl carbonate to a list of compounds excluded from the regulatory
definition of VOC. Delaware also amended the definition of VOC in 7 DE
Admin. Code 1101 to exclude TBAC from the definition of VOC for the
purposes of VOC emissions limitations or VOC content requirements, but
continued to define TBAC as a VOC for purposes of all recordkeeping,
emissions reporting, photochemical dispersion modeling, and inventory
requirements that apply to VOC.\2\ Delaware also made minor changes to
the format of some of the chemical formulas for VOCs that were already
excluded from the definition of VOC in 7 DE Admin Code 1101. \3\ On May
25, 2018, the State of Delaware, through the Department of Natural
Resources and Environmental Control (DNREC), formally submitted these
amendments to 7 DE Admin. Code 1101 as a SIP revision.
---------------------------------------------------------------------------

    \2\ As discussed previously, on February 25, 2016, EPA revised
the regulatory definition of VOC under 40 CFR 51.100(s) to remove
the recordkeeping and reporting requirements for TBAC (81 FR 9341).
However, Delaware's May 25, 2018 SIP revision retains the
recordkeeping and reporting requirements for TBAC as these updates
were adopted August 14, 2009 and became effective September 10,
2009, which was prior to EPA's final rule removing the recordkeeping
and reporting requirements for TBAC.
    \3\ The format of the chemical formulas for the following
compounds were revised to incorporate subscripts: 1,1,1,2,2,3,3,4,4-
nonafluoro-4-methoxy-butane
(C4F9OCH3), 2-
(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane
((CF3)2CFCF2OCH3), 1-
ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane
(C4F9OC2H5), and 2-
(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane
((CF3)2CFCF2OC2H5
).
---------------------------------------------------------------------------

    On February 12, 2019 (84 FR 3384), EPA published a notice of
proposed rulemaking (NPRM) for the State of Delaware. In the NPRM, EPA
proposed approval of updates to the regulatory definition of VOC. EPA's
rationale for the proposed action is discussed in the NPRM and will not
be restated here.
    EPA received one comment supporting EPA's NPRM approval of the SIP
and suggesting that EPA adopt a new nomenclature for VOCs. EPA thanks
the commenter but notes that the renaming of VOCs was outside of the
scope of EPA's proposal.

III. Final Action

    EPA is approving updates to the regulatory definition of VOC in
Section 2.0 of 7 DE Admin. Code 1101, submitted on May 25, 2018 by
DNREC, as a revision to the Delaware SIP, as the submission meets the
requirements of CAA section 110.

IV. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference ofx the
revisions to the definition of VOC in Section 2.0 of 7 DE Admin. Code
1101 discussed in Section II of this preamble. EPA has made, and will
continue to make, these materials generally available through
www.regulations.gov and at the EPA Region III Office (please contact
the person identified in the For Further Information Contact section of
this preamble for more information). Therefore, these materials have
been approved by EPA for inclusion in the SIP, have been incorporated
by reference by EPA into that plan, are fully Federally enforceable
under sections 110 and 113 of the CAA as of the effective date of the
final rulemaking of EPA's approval, and will be incorporated by
reference in the next update to the SIP compilation.\4\
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    \4\ 62 FR 27968 (May 22, 1997).

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V. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

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

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by July 30, 2019. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action updating the regulatory definition of a VOC in the
Delaware SIP may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Dated: May 17, 2019.
Cosmo Servidio,
Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart I--Delaware

0
2. In Sec.  52.420, the table in paragraph (c) is amended under ``1101
Definitions and Administrative Principles'', by adding a second
``Section 2.0'' after the existing entry for ``Section 2.0,
Definitions'' to read as follows.

Sec.  52.420  Identification of plan.

* * * * *
    (c) * * *

                            Epa-Approved Regulations and Statutes In The Delaware Sip
----------------------------------------------------------------------------------------------------------------
  State regulation (7 DNREC                                      State                             Additional
            1100)                     Title/subject         effective date  EPA approval date     explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
                                 1101 Definitions and Administrative Principles
----------------------------------------------------------------------------------------------------------------
Section 2.0.................  Definitions.................         9/10/09  5/31/2019,         Updated
                                                                             [Insert Federal    definition of
                                                                             Register           Volatile Organic
                                                                             citation].         Compound.
                                                                                Previous
                                                                                approval 8/11/
                                                                                2010.

                                                  * * * * * * *
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* * * * *
[FR Doc. 2019-11179 Filed 5-30-19; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 180 (Wednesday, September 16, 2020)]
[Proposed Rules]
[Pages 57808-57810]
[FR Doc No: 2020-20064]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2020-0334]
RIN 1625-AA09

Drawbridge Operation Regulation; New Jersey Intracoastal
Waterway, Atlantic City, NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to temporarily modify the operating
schedule that governs the Route 30 (Absecon Boulevard) Bridge across
the New Jersey Intracoastal Waterway (NJICW), Beach Thorofare, mile
67.2, at Atlantic City, NJ. This proposed temporary modification will
allow the drawbridge to remain in the closed-to-navigation position to
accommodate critical bridge maintenance.

DATES: Comments and relate material must reach the Coast Guard on or
before October 16, 2020.

ADDRESSES:  You may submit comments identified by docket number USCG-
2020-0334 using Federal e-Rulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section below for
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Mr. Mickey Sanders, Bridge Administration Branch,
Fifth District, U.S. Coast Guard, telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background, Purpose and Legal Basis

    The New Jersey Department of Transportation, who owns and operates
the Route 30 (Absecon Boulevard) Bridge, across the NJICW, Beach
Thorofare, at mile 67.2, in Atlantic City, NJ, has requested this
modification to allow the drawbridge to be maintained in the closed-to-
navigation position to facilitate bridge maintenance of the drawbridge.
The Route 30 (Absecon Boulevard) Bridge, across the NJICW, Beach
Thorofare, mile 67.2, at Atlantic City, NJ, has a vertical clearance of
20 feet above mean high water in the closed position and unlimited
vertical clearance above mean high water in the open position. The
current operating schedule for the drawbridge is published in 33 CFR
117.733 (e).
    This proposed temporary final rule is necessary to facilitate
maintenance of the drawbridge, while ensuring the safety of those
performing bridge maintenance and vessels navigating in the area. A
work platform will reduce the horizontal clearance of the navigation
channel to approximately 30 feet and temporary shielding will reduce
the vertical clearance of the entire bridge to approximately 19 feet
above mean high water in the closed position. Vessels that can safely
transit through the bridge in the closed position with the reduced
clearances may do so, if at least thirty minutes

notice is given, to allow for safe navigation. The Coast Guard is
proposing this rulemaking under authority in 33 U.S.C. 499.

III. Discussion of Proposed Rule

    Under this proposed temporary final rule, the drawbridge will be
maintained in the closed-to-navigation position from 8 a.m. on November
1, 2020, through 5 p.m. on March 31, 2021; from 8 a.m. on November 1,
2021, through 5 p.m. on March 31, 2022; and from 8 a.m. on November 1,
2022, through 5 p.m. on March 31, 2023. At all other times the
drawbridge will operate per 33 CFR 117.733 (e). The bridge will not be
able to open for emergencies and there is no immediate alternative
route for vessels unable to pass through the bridge in the closed
position. Vessels that can safely transit through the bridge in the
closed position with the reduced vertical and horizontal clearances may
do so, if at least 30 minutes notice is given, to allow for safe
navigation.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and Executive Orders related to rulemaking. Below we summarize our
analyses based on 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 NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM 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 fact that the
closure will occur outside of recreational boating season on the NJICW,
and only during specific daily hours. An average of only 40 annual
bridge openings occurred for recreational vessels and light tugs from
November 1 to March 31 from 2015 through 2017.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    While some owners or operators of vessels intending to transit the
bridge may be small entities, for the reasons stated in section IV.A
above this proposed rule would not have a significant economic impact
on any vessel owner or operator.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION
CONTACT, section. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would call for no 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175, (Consultation and Coordination with Indian
Tribal Governments), because it would not have a substantial direct
effect on one or more Indian tribes, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes.
If you believe this proposed rule has implications for federalism or
Indian tribes, please contact 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 proposed rule will not
result in such an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, Rev.1, associated implementing
instructions, and Environmental Planning Policy COMDTINST 5090.1
(series), which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f). The
Coast Guard has determined that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule promulgates the
operating regulations or procedures for drawbridges. Normally such
actions are categorically excluded from further review, under paragraph
L49, of Chapter 3, Table 3-1 of the U.S. Coast Guard Environmental
Planning Implementation Procedures.
    Neither a Record of Environmental Consideration nor a Memorandum
for the Record are required for this rule. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.

G. Protest Activities

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

jeopardizing the safety or security of people, places or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
    We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and
submissions in response to this document, see DHS's eRulemaking System
of Records notice (85 FR 14226, March 11, 2020).
    Documents mentioned in this NPRM as being available in this docket
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

List of Subjects in 33 CFR Part 117 Bridges.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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; DHS Delegation No.
0170.1.

0
2. Amend Sec.  117.733 by adding paragraph (e)(4) to read as follows:

Sec.  117.733  New Jersey Intracoastal Waterway

* * * * *
    (e) * * *
    (4) From 8 a.m. on November 1, 2020, through 5 p.m. on March 31,
2021; from 8 a.m. on November 1, 2021, through 5 p.m. on March 31,
2022; and from 8 a.m. on November 1, 2022, through 5 p.m. on March 31,
2023, the drawbridge will be maintained in the closed-to-navigation
position. A work platform will reduce the horizontal clearance of the
navigation channel to approximately 30 feet and temporary shielding
will reduce the vertical clearance of the entire bridge to
approximately 19 feet above mean high water in the closed position.
Vessels that can safely transit through the bridge in the closed
position with the reduced clearances may do so, if at least 30 minutes
notice is given, to allow for safe navigation.
* * * * *

K.M. Smith,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2020-20064 Filed 9-15-20; 8:45 am]
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