[Federal Register Volume 83, Number 104 (Wednesday, May 30, 2018)]
[Notices]
[Pages 24797-24799]
[FR Doc No: 2018-11573]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2018-0031 and EPA-HQ-OPP-2018-0139; FRL-9976-24]

Agency Information Collection Activities; Proposed Renewal of
Several Currently Approved Collections (EPA ICR Nos. 2491.04 and
2475.03); Comment Request

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (PRA), this
document announces that EPA is planning to submit requests to renew
several currently approved Information Collection Request (ICR) to the
Office of Management and Budget (OMB). The ICRs are identified in this
document by their corresponding titles, EPA ICR numbers, OMB Control
numbers, and related docket identification (ID) numbers. Before
submitting these ICRs to OMB for review and approval, EPA is soliciting
comments on specific aspects of the information collection activities
that are summarized in this document. The ICRs and accompanying
material are available for public review and comment in the relevant
dockets identified in this document for the ICR.

DATES: Comments must be received on or before July 30, 2018.

ADDRESSES: Submit your comments, identified by the ID number for the
corresponding ICR as identified in this document, by one of the
following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Ryne Yarger, Field and External
Affairs Division (7506P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; email address:
[email protected].

SUPPLEMENTARY INFORMATION:

I. What information is EPA particularly interested in?

    Pursuant to PRA section 3506(c)(2)(A) (44 U.S.C. 3506(c)(2)(A)),
EPA specifically solicits comments and information to enable it to:
    1. Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility.
    2. Evaluate the accuracy of the Agency's estimates of the burden of
the proposed collection of information, including the validity of the
methodology and assumptions used.
    3. Enhance the quality, utility, and clarity of the information to
be collected.
    4. Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting

electronic submission of responses. In particular, EPA is requesting
comments from very small businesses (those that employ less than 25) on
examples of specific additional efforts that EPA could make to reduce
the paperwork burden for very small businesses affected by this
collection.

II. What should I consider when I prepare my comments for EPA?

    You may find the following suggestions helpful for preparing your
comments:
    1. Explain your views as clearly as possible and provide specific
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used
that support your views.
    4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
    5. Submit your comments by the deadline identified under DATES.
    6. Identify the docket ID number assigned to the ICR action in the
subject line on the first page of your response. You may also provide
the ICR title and related EPA and OMB numbers.

III. What do I need to know about PRA?

    An Agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information subject to PRA approval
unless it displays a currently valid OMB control number. The OMB
control numbers for the EPA regulations in title 40 of the Code of
Federal Regulations (CFR), after appearing in the preamble of the final
rule, are further displayed either by publication in the Federal
Register or by other appropriate means, such as on the related
collection instruments or form, if applicable. The display of OMB
control numbers for certain EPA regulations is consolidated in a list
at 40 CFR 9.1.
    As used in the PRA context, burden is defined in 5 CFR 1320.3(b).

IV. Which ICRs are being renewed?

    EPA is planning to submit two currently approved ICRs to OMB for
review and approval under the PRA. In addition to specifically
identifying the ICRs by title and corresponding ICR, OMB and docket ID
numbers, this unit provides summaries of the information collection
activities and the Agency's estimated burden. The Supporting Statement
for each ICR, a copy of which is available in the corresponding docket,
provides a more detailed explanation.

A. Docket ID Number EPA-HQ-OPP-2018-0031

    Title: Agricultural Worker Protection Standard Training,
Notification and Recordkeeping.
    ICR number: EPA ICR No. 2491.04.
    OMB control number: OMB Control No. 2070-0190.
    ICR status: The approval for this ICR is scheduled to expire on
January 31, 2019.
    Abstract: This ICR estimates the recordkeeping and third-party
response burden of paperwork activities that covers the information
collection requirements contained in the Worker Protection Standard
(WPS) regulations at 40 CFR part 170. These requirements were updated
in a 2015 Final Rule (80 FR 67495, November 2, 2015) that amended 40
CFR part 170.
    Prior to the regulatory update, the WPS regulations already had
provisions for training and notification of pesticide-related
information for workers who enter pesticide-treated areas after
pesticide application to perform crop-related tasks, as well as for
handlers who mix, load, and apply pesticides. Agricultural employers
and commercial pesticide handling establishments (CPHEs) are
responsible for providing required training, notifications and
information to their employees to ensure worker and handler safety. The
changes to the regulation in 2015 improved protections and included
revisions to many of the provisions as well as the addition of new
requirements. The regulation now includes expanded and more frequent
training for workers and handlers, improved posting of pesticide-
treated areas, additional information for workers before they enter a
pesticide-treated area while a restricted entry interval (REI) is in
effect, access to more general and application-specific information
about pesticides used on the establishment, and recordkeeping of
training to improve enforceability and compliance.
    Burden statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 6
minutes per response. The ICR, a copy of which is available in the
docket, provides a detailed explanation of this estimate, which is only
briefly summarized here:
    Respondents/Affected entities: Respondents affected by the
collection activities under this ICR are agricultural employers on
agricultural establishments, including employers in farms as well as in
nursery, forestry, and greenhouse establishments.
    Estimated total number of potential respondents: Approximately
985,000 agricultural establishments and approximately 1,995,000
agricultural workers/handlers.
    Frequency of response: Annually or on occasion, depending on the
activity.
    Estimated total average number of responses for each respondent:
Varies.
    Estimated total annual burden hours: 10,448,160 hours.
    Estimated total annual costs: $433,264,055. This includes an
estimated burden cost of $433,264,055 and an estimated cost of $0 for
non-burden hour paperwork costs, e.g., investment or maintenance and
operational costs.
    Changes in the estimates from the last approval: There is no change
in the total estimated annual respondent burden from the currently
approved ICR to the renewal ICR because the estimated number of
respondents for the WPS are based primarily on data EPA obtains from
the USDA's Census of Agriculture, with the most recent being the 2012
Census. Therefore, the estimated number of potential respondents has
remained unchanged until the next available census.

B. Docket ID Number EPA-HQ-OPP-2018-0139

    Title: Labeling Requirements for Certain Minimum Risk Pesticides
under FIFRA Section 25(b).
    ICR number: EPA ICR No. 2475.03.
    OMB control number: OMB Control No. 2070-0187.
    ICR status: The approval for this ICR is scheduled to expire on
February 28, 2019.
    Abstract: This information collection request documents the PRA
burden for the labeling requirements for certain minimum risk pesticide
products exempt from Federal Insecticide, Fungicide, and Rodenticide
Act (FIFRA) registration under 40 CFR 152.25(f). These requirements
were updated in the final rule entitled: Pesticides; Revisions to
Minimum Risk Exemption (80 FR 80653; December 28, 2015).
    Under 40 CFR 152.25(f), EPA has exempted from the requirement of
FIFRA registration certain pesticide products if they are composed of
specified ingredients and labeled accordingly. EPA created the
exemption for minimum risk pesticides to eliminate the need for
industry or business to expend significant resources to apply for and
maintain regulated products that are deemed to be of minimum risk to
human health and the environment. In addition, exempting such products
freed Agency resources to focus on evaluating formulations whose
toxicity was less well characterized, or was of higher toxicity.

    The 2015 Final Rule reorganized the ingredients lists and added
specific chemical identifiers to clarify to manufacturers, the public,
and Federal, state, and tribal inspectors the specific chemical
substances that are permitted in minimum risk pesticide products. EPA
also modified the label requirements to require the use of specific
label display names of ingredients and to require producer contact
information on the label. The primary goal of this rulemaking was to
clarify the conditions of exemption for minimum risk pesticides by
clarifying the specific ingredients that are permitted in minimum risk
pesticide products and to provide company contact information on the
label. The previous version of this ICR covered the paperwork burdens
associated with existing products updating their labels to comply with
the new requirements during the 2015 Final Rule's compliance period.
EPA anticipates that those burdens have been realized, and is now
accounting for the potential burden for new products coming into the
market.
    Burden statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 5.5
hours per response. The ICR, a copy of which is available in the
docket, provides a detailed explanation of this estimate, which is only
briefly summarized here:
    Respondents/Affected entities: Entities potentially affected by
this ICR include individuals or entities engaged in activities related
to the manufacturing of minimum risk pesticide products. Distributors,
retailers, and users of minimum risk pesticides may also be affected,
as many of these companies also manufacture minimum risk pesticide
products.
    Estimated total number of potential respondents: 49.
    Frequency of response: On occasion.
    Estimated total average number of responses for each respondent: 5.
    Estimated total annual burden hours: 478.5 hours.
    Estimated total annual costs: $52,202. This includes an estimated
burden cost of $52,202 and an estimated cost of $0 for non-burden hour
paperwork costs, e.g., investment or maintenance and operational costs.
    Changes in the estimates from the last approval: The renewal of
this ICR will result in an overall decrease of 4,939 hours in the total
estimated respondent burden identified in the currently approved ICR.
This decrease reflects EPA's updating of burden estimates for this
collection based upon the assumption that products existing prior to
the 2015 Final Rule's compliance date of February 26, 2019, will have
met the requirements of the rule update. This ICR now accounts for
those products that are considered new to the market after the
compliance date. Based on these assumptions, the number of labeling
responses per year has decreased from 386 to 87, with a corresponding
decrease in the associated burden. This change is an adjustment.

V. What is the next step in the process for these ICRs?

    EPA will consider the comments received and amend the individual
ICRs as appropriate. The final ICR packages will then be submitted to
OMB for review and approval pursuant to 5 CFR 1320.12. EPA will issue
another Federal Register document pursuant to 5 CFR 1320.5(a)(1)(iv) to
announce the submission of these ICRs to OMB and the opportunity for
the public to submit additional comments for OMB consideration. If you
have any questions about any of these ICRs or the approval process in
general, please contact the person listed under FOR FURTHER INFORMATION
CONTACT.

    Authority: 44 U.S.C. 3501 et seq.

    Dated: April 18, 2018.
Charlotte Bertrand,
Acting Principal Deputy Assistant Administrator, Office of Chemical
Safety and Pollution Prevention.
[FR Doc. 2018-11573 Filed 5-29-18; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 44 (Friday, March 6, 2015)]
[Notices]
[Pages 12166-12167]
[FR Doc No: 2015-05249]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following exempt
wholesale generator filings:
    Docket Numbers: EG15-58-000.
    Applicants: Oak Grove Management Company LLC.
    Description: Self-Certification of EG of Oak Grove Management
Company LLC.
    Filed Date: 3/2/15.
    Accession Number: 20150302-5139.
    Comments Due: 5 p.m. ET 3/23/15.

    Docket Numbers: EG15-59-000.
    Applicants: Sandow Power Company LLC.
    Description: Self-Certification of EG of Sandow Power Company LLC.
    Filed Date: 3/2/15.
    Accession Number: 20150302-5141.
    Comments Due: 5 p.m. ET 3/23/15.

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER13-2109-003; ER13-2106-003; ER10-1410-003; ER13-
321-003; ER13-412-002; ER13-450-002; ER13-434-002; ER13-518-002; ER13-
1403-004; ER14-2140-003; ER14-2141-003; ER15-632-001; ER15-634-001;
ER14-2466-002; ER14-2465-002;
    Applicants: Fowler Ridge Wind Farm LLC, Cottonwood Solar, LLC, CID
Solar, LLC, RE Camelot LLC, RE Columbia Two LLC, Selmer Farm, LLC,
Mulberry Farm, LLC, Dominion Retail, Inc., Dominion Energy Manchester
Street, Inc., Dominion Energy Marketing, Inc., Dominion Nuclear
Connecticut, LLC, Fairless Energy, LLC, NedPower Mount Storm, LLC,
Dominion Bridgeport Fuel Cell, LLC, Virginia Electric and Power
Company.
    Description: Supplement to January 9, 2015 Notice of Non-Material
Change in Status of the Dominion Companies.
    Filed Date: 2/19/15.
    Accession Number: 20150219-5211.
    Comments Due: 5 p.m. ET 3/12/15.

    Docket Numbers: ER14-1639-003.
    Applicants: ISO New England Inc.
    Description: Compliance filing per 35: Compliance Filing Concerning
the Renewable Technology Resource Exemption to be effective 3/2/2015.
    Filed Date: 3/2/15.
    Accession Number: 20150302-5275.
    Comments Due: 5 p.m. ET 3/23/15.

    Docket Numbers: ER15-124-002.
    Applicants: Tucson Electric Power Company.
    Description: Tariff Amendment per 35.17(b): Response to Deficiency
Letter dated January 15, 2015 to be effective 9/17/2014.
    Filed Date: 3/2/15.
    Accession Number: 20150302-5180.
    Comments Due: 5 p.m. ET 3/23/15.

    Docket Numbers: ER15-542-001.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Compliance filing per 35: 2015-03-02_Land Costs
Recovery Compliance Filing to be effective 1/31/2015.
    Filed Date: 3/2/15.
    Accession Number: 20150302-5304.
    Comments Due: 5 p.m. ET 3/23/15.

    Docket Numbers: ER15-933-001.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Tariff Amendment per 35.17(b): 2015-03-02_Amend
Schedule 31 Annual Update to be effective 4/1/2015.

    Filed Date: 3/2/15.
    Accession Number: 20150302-5300.
    Comments Due: 5 p.m. ET 3/23/15.

    Docket Numbers: ER15-995-001.
    Applicants: Verso Androscoggin LLC.
    Description: Compliance filing per 35: Amendment to Filing to be
effective 4/6/2015.
    Filed Date: 3/2/15.
    Accession Number: 20150302-5298.
    Comments Due: 5 p.m. ET 3/23/15.

    Docket Numbers: ER15-1141-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Section 205(d) rate filing per 35.13(a)(2)(iii): 2015-
02-27_ORCA Rate Schedule 44 to be effective 4/1/2015.
    Filed Date: 2/27/15.
    Accession Number: 20150227-5513.
    Comments Due: 5 p.m. ET 3/20/15.

    Docket Numbers: ER15-1142-000.
    Applicants: PacifiCorp..
    Description: Section 205(d) rate filing per 35.13(a)(2)(iii): PGE
Hemlock Sub Tap Agreement to be effective 4/29/2015.
    Filed Date: 2/27/15.
    Accession Number: 20150227-5514.
    Comments Due: 5 p.m. ET 3/20/15.

    Docket Numbers: ER15-1143-000.
    Applicants: Northern States Power Company, a Minnesota coporation.
    Description: Section 205(d) rate filing per 35.13(a)(2)(iii): 2015-
2-27 NSP-MMPA-Rev I&I_3-NSP_0.1.0 to be effective 1/1/2015.
    Filed Date: 2/27/15.
    Accession Number: 20150227-5524.
    Comments Due: 5 p.m. ET 3/20/15.

    Docket Numbers: ER15-1144-000.
    Applicants: San Diego Gas & Electric Company.
    Description: Section 205(d) rate filing per 35.13(a)(2)(iii):
Appendix XI Gen Int. O&M Fixed Rate Charge to be effective 3/1/2015.
    Filed Date: 2/27/15.
    Accession Number: 20150227-5545.
    Comments Due: 5 p.m. ET 3/20/15.

    Docket Numbers: ER15-1145-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Section 205(d) rate filing per 35.13(a)(2)(iii): 2015-
02-27_MISO-SPP JOA M2M Filing to be effective 3/1/2015.
    Filed Date: 2/27/15.
    Accession Number: 20150227-5549.
    Comments Due: 5 p.m. ET 3/20/15.

    Docket Numbers: ER15-1146-000.
    Applicants: Bucksport Mill LLC.
    Description: Compliance filing per 35: Bucksport Mill LLC eTariff
2015-03-02 to be effective 3/2/2015.
    Filed Date: 3/2/15.
    Accession Number: 20150302-5285.
    Comments Due: 5 p.m. ET 3/23/15.

    Docket Numbers: ER15-1147-000.
    Applicants: Bucksport Generation LLC.
    Description: Compliance filing per 35: Bucksport Generation LLC
eTariff 2015-03-02 to be effective 3/2/2015.
    Filed Date: 3/2/15.
    Accession Number: 20150302-5286.
    Comments Due: 5 p.m. ET 3/23/15.

    Docket Numbers: ER15-1148-000.
    Applicants: Milford Wind Corridor Phase I, LLC.
    Description: Section 205(d) rate filing per 35.13(a)(2)(iii):
Market-Based Rate Tariff Revisions to be effective 5/2/2015.
    Filed Date: 3/2/15.
    Accession Number: 20150302-5312.
    Comments Due: 5 p.m. ET 3/23/15.

    Docket Numbers: ER15-1149-000.
    Applicants: Longfellow Wind, LLC.
    Description: Section 205(d) rate filing per 35.13(a)(2)(iii):
Market-Based Rate Tariff Revisions to be effective 5/2/2015.
    Filed Date: 3/2/15.
    Accession Number: 20150302-5318.
    Comments Due: 5 p.m. ET 3/23/15.

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

    Docket Numbers: RR15-7-000.
    Applicants: North American Electric Reliability Corporation.
    Description: Petition of North American Electric Reliability
Corporation for Approval of Amendments to the Bylaws of the Texas
Reliability Entity, Inc.
    Filed Date: 2/27/15.
    Accession Number: 20150227-5580.
    Comments Due: 5 p.m. ET 3/20/15.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: March 2, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-05249 Filed 3-5-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 177 (Tuesday, September 13, 2011)]
[Proposed Rules]
[Pages 56356-56357]
[FR Doc No: 2011-23289]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2011-0837; Airspace Docket No. 11-ANM-17]

Proposed Modification of Class E Airspace; Driggs, ID

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to modify Class E airspace at Driggs-Reed
Memorial Airport, Driggs, ID. Controlled airspace is necessary to
accommodate aircraft using Area Navigation (RNAV) Global Positioning
System (GPS) standard instrument approach procedures at Driggs-Reed
Memorial Airport, Driggs, ID. This action also would note the airport
name change and adjust the geographic coordinates of the airport. The
FAA is proposing this action to enhance the safety and management of
Instrument Flight Rules (IFR) operations at Driggs-Reed Memorial
Airport, Driggs, ID.

DATES: Comments must be received on or before October 28, 2011.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590;
telephone<PHONE_NUMBER>. You must identify FAA Docket No. FAA-2011-
0837; Airspace Docket No. 11-ANM-17, at the beginning of your comments.
You may also submit comments through the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Eldon Taylor, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue, SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA 2011-0837 and Airspace Docket No. 11-ANM-17) and be submitted in
triplicate to the Docket Management System (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed stamped
postcard on which the following statement is made: ``Comments to FAA
Docket No. FAA-2011-0837 and Airspace Docket No. 11-ANM-17''. The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date
for comments will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the closing date
for comments. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRM's

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9 a.m. and 5 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Northwest Mountain Regional Office of the Federal
Aviation Administration, Air Traffic Organization, Western Service
Center, Operations Support Group, 1601 Lind Avenue, SW., Renton, WA
98057.
    Persons interested in being placed on a mailing list for future
NPRM's should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) Part 71 by modifying Class E airspace at Driggs,
ID, to accommodate aircraft using RNAV (GPS) standard instrument
approach procedures at Driggs-Reed Memorial Airport. The airport name
also would be corrected from Teton Peaks/Driggs Municipal Airport to
Driggs-Reed Memorial Airport, and the geographic coordinates of the
airport would be updated to coincide with the FAA's aeronautical
database. This action would enhance the safety and management of IFR
operations at the airport.
    Class E airspace designations are published in paragraph 6005, of
FAA Order 7400.9V, dated August 9, 2011, and effective September 15,
2011, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designation listed in this document will be published
subsequently in this Order.
    The FAA has determined this proposed regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this proposed regulation; (1) is not a ``significant
regulatory action'' under Executive Order 12866; (2) is not a
``significant rule'' under DOT Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3) does not warrant preparation of a
regulatory evaluation as the anticipated impact is so minimal. Since
this is a routine matter that will only affect air traffic procedures
and air navigation, it is certified this proposed rule, when
promulgated, would not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, section 106, describes
the authority for the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
subtitle VII, part A, subpart I, section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of the

airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would establish additional controlled airspace at Driggs-Reed
Memorial Airport, Driggs, ID.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

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

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

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

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

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9V, Airspace Designations and
Reporting Points, dated August 9, 2011, and effective September 15,
2011 is amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth.

* * * * *

ANM ID E5 Driggs, ID [Modified]

Driggs-Reed Memorial Airport, ID
    (Lat. 43[deg]44'34'' N., long. 111[deg]05'48'' W.)
    That airspace extending upward from 700 feet above the surface
within a 10.4-mile radius of Driggs-Reed Memorial Airport, and
within 4.5 miles either side of the 344[deg] bearing of the airport
extending from the 10.4-mile radius to 14.8 miles northwest of
Driggs-Reed Memorial Airport, and within 2 miles west and 5.4 miles
east of the 208[deg] bearing of the airport extending from the 10.4-
mile radius to 13 miles south of Driggs-Reed Memorial Airport.

    Issued in Seattle, Washington, on September 1, 2011.
Robert Henry,
Acting Manager, Operations Support Group, Western Service Center.
[FR Doc. 2011-23289 Filed 9-12-11; 8:45 am]
BILLING CODE 4910-13-P


North Carolina Recommendation for Harnett County The purpose of this paper is to discuss recommending Harnett County as attainment for the 8 hour ozone standard.

  The majority of the NOx emissions in Harnett County are generated from mobile and non road mobile sources ( 9.07 tons per day from mobile and an additional 3.11 tons per day from non road mobile out of the total 13.20 tons per day). There is no major point source in Harnett County ( total NOx of 0.55 tons per day). The Federal and state mobile strategies will reduce the mobile emissions in Harnett County. The I/ M program will be implemented in Harnett County by July 2004. Low sulfur gasoline will be required statewide. For these mobile sources, North Carolina has already adopted the only available strategy.   Harnett County is relatively rural county with population densities typically 50 100, or 100 250 persons per square mile. The population in Harnett County grew by 34.2% between 1990 ( 67,833 people) and 2000 ( 91,025 people), and is expected to grow by 28.7% between 2000 and 2010 ( projected 117,192 people). In contrast, Wake County's population grew by 47.3% between 1990 ( 426,301 people) and 2000 ( 627,846 people), and is expected to grow by 36.5% between 2000 and 2010 ( projected 857,054 people). Even with the growth, Harnett County still has relatively lower population density.   In conclusion, North Carolina continues to believe that Harnett County should not include as a nonattainment county. The emissions will be controlled by Federal and State programs, and there remain no additional control strategies to be placed on the emissions in Harnett County.


[Federal Register: January 24, 2006 (Volume 71, Number 15)]
[Rules and Regulations]
[Page 3764-3768]
[DOCID:fr24ja06-9]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2005-ND-0002; FRL-8011-1]

Clean Air Act Approval and Promulgation of Air Quality
Implementation Plan Revision for North Dakota; Revisions to the Air
Pollution Control Rules; Delegation of Authority for New Source
Performance Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule and delegation of authority.

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

SUMMARY: EPA is taking direct final action approving certain revisions
to the State Implementation Plan (SIP) as submitted by the Governor of
North Dakota with a letter dated April 11, 2003. The revisions affect
certain portions of air pollution control rules regarding permitting.
This action is being taken under section 110 of the Clean Air Act.
    EPA is also providing notice that on July 27, 2005, North Dakota
was delegated authority to implement and enforce certain New Source
Performance Standards, as of January 31, 2004.

DATES: This rule is effective on March 27, 2006 without further notice,
unless EPA receives adverse comment by February 23, 2006. If adverse
comment is received, EPA will publish a timely withdrawal of the direct
final rule in the Federal Register informing the public that the rule
will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. R08-OAR-
2005-ND-0002, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     Agency Web site: http://docket.epa.gov/rmepub/. On

November 28, 2005, Regional Material in EDOCKET (RME), EPA's electronic
public docket and comment system, was replaced by an enhanced federal-
wide electronic docket management and comment system located at http://www.regulations.gov.
 Therefore, you will be redirected to that site to

access the docket EPA-R08-OAR-2005-ND-0002 and submit comments. Follow
the on-line instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>and<EMAIL_ADDRESS>
     Fax:<PHONE_NUMBER> (please alert the individual listed in
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
     Mail: Richard R. Long, Director, Air and Radiation
Program, Environmental Protection Agency (EPA), Region 8, Mailcode 8P-
AR, 999 18th Street, Suite 200, Denver, Colorado 80202-2466.
     Hand Delivery: Richard R. Long, Director, Air and
Radiation Program, Environmental Protection Agency (EPA), Region 8,
Mailcode 8P-AR, 999 18th Street, Suite 200, Denver, Colorado 80202-
2466. Such deliveries are only accepted Monday through Friday, 8 a.m.
to 4:55 p.m., excluding Federal holidays. Special arrangements should
be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. R08-OAR-2005-
ND-0002. EPA's policy is that all comments received will be included in
the public docket without change and may be made available at http://docket.epa.gov/rmepub/index.jsp
, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through EDOCKET,
regulations.gov, or e-mail. The EPA's Regional Materials in EDOCKET and
Federal regulations.gov Web site are ``anonymous access'' systems,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA, without going through EDOCKET or
regulations.gov, your e-mail address will be automatically captured and
included as part of the comment that is placed in the public docket and
made available on the Internet. If you submit an electronic comment,
EPA recommends that you include your name and other contact information
in the body of your comment and with any disk or CD-ROM you submit. If
EPA cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses. For
additional information about EPA's public docket visit EDOCKET online
or see the Federal Register of May 31, 2002 (67 FR 38102). For
additional instructions on submitting comments, go to Section I.
General Information of the SUPPLEMENTARY INFORMATION section of this
document.
    Docket: All documents in the docket are listed in the Regional
Materials in EDOCKET index at http://docket.epa.gov/rmepub/index.jsp.

Although listed in the index, some information is not publicly
available, i.e., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically in Regional Materials in EDOCKET or in
hard copy at the Air and Radiation Program, Environmental Protection
Agency (EPA), Region 8, 999 18th Street, Suite 200, Denver, Colorado
80202-2466. EPA requests that if at all possible, you contact the
individual listed in the FOR FURTHER INFORMATION CONTACT section to
view the hard copy of the docket. You may view the hard copy of the
docket Monday through Friday, 8 a.m. to 4 p.m., excluding Federal
holidays.

FOR FURTHER INFORMATION CONTACT: Amy Platt, Environmental Protection
Agency, Region 8,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. General Information
II. Background
III. Revisions in the April 11, 2003 Submittal That Are the Subject
of This Document
IV. Delegation of Authority
V. Section 110(l)
VI. Final Action
VII. Statutory and Executive Order Reviews

Definitions

    For the purpose of this document, we are giving meaning to certain
words or initials as follows:
    (i) The words or initials Act or CAA mean or refer to the Clean Air
Act, unless the context indicates otherwise.
    (ii) The words EPA, we, us or our mean or refer to the United
States Environmental Protection Agency.
    (iii) The initials SIP mean or refer to State Implementation Plan.
    (iv) The words State or ND mean the State of North Dakota, unless
the context indicates otherwise.

    (v) The initials NDDH mean or refer to the North Dakota Department
of Health.

I. General Information

A. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
Regional Materials in EDOCKET, regulations.gov or e-mail. Clearly mark
the part or all of the information that you claim to be CBI. For CBI
information in a disk or CD-ROM that you mail to EPA, mark the outside
of the disk or CD ROM as CBI and then identify electronically within
the disk or CD-ROM the specific information that is claimed as CBI. In
addition to one complete version of the comment that includes
information claimed as CBI, a copy of the comment that does not contain
the information claimed as CBI must be submitted for inclusion in the
public docket. Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments,
remember to:
    i. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns, and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Background

    The Act requires States to follow certain procedures in developing
implementation plans and plan revisions for submission to us. Sections
110(a)(2) and 110(l) of the Act provide that each implementation plan
must be adopted after reasonable notice and public hearing.
    To provide for public comment, the North Dakota Department of
Health (NDDH), after providing notice, held a public hearing on April
19, 2002 to address the revisions to the State Implementation Plan
(SIP) and Air Pollution Control Rules. Following the public hearing,
comment period, and legal review by the North Dakota Attorney General's
Office, the North Dakota State Health Council adopted the revisions,
which became effective on March 1, 2003. The North Dakota Governor
submitted the SIP revisions to us with a letter dated April 11, 2003.
    On October 21, 2004, EPA published a notice of final rulemaking for
the State of North Dakota (see 69 FR 61762). In that final rulemaking,
we approved portions of the SIP revision submitted by the Governor of
North Dakota on April 11, 2003. The portions of the SIP revision that
we approved affected the North Dakota Air Pollution Control Rules
regarding general provisions and emissions of particulate matter and
sulfur compounds.
    As we discussed in our October 21, 2004 notice of final rulemaking,
we were handling separately the revisions in the April 11, 2003
submittal addressing North Dakota Air Pollution Control Rules Section
33-15-01-13, regarding shutdown and malfunction of an installation,
certain portions of Chapter 33-15-14, regarding construction and minor
source permitting, and certain portions of Chapter 33-15-15, regarding
prevention of significant deterioration.
    On August 8, 2005, EPA published a direct final rulemaking for the
State of North Dakota (see 70 FR 45539). In that final rulemaking, we
approved additional portions of the SIP revision submitted by the
Governor of North Dakota on April 11, 2003. Those portions of the SIP
revision that we approved affected certain section of the North Dakota
Air Pollution Control Rules regarding permitting and prevention of
significant deterioration of air quality.

III. Revisions in the April 11, 2003 Submittal That Are the Subject of
This Document

    The revisions in the April 11, 2003 submittal to be addressed in
this document pertain to certain portions of the North Dakota Air
Pollution Control Rules regarding permitting, which involve sections of
the following chapter of the North Dakota Administrative Code
(N.D.A.C.): 33-15-14 Designated Air Contaminant Sources, Permit to
Construct, Minor Source Permit to Operate, Title V Permit to Operate
(certain sections specific to construction and minor source
permitting).

A. Chapter 33-15-14, N.D.A.C., Section 33-15-14-02, Permit To Construct

    In the Permit to Construct section, 33-15-14-02, subsection 33-15-
14-02.19, Amendment of Permits, was revised to clarify how the NDDH can
amend a construction permit. Specifically, in the event that a
modification would be a ``major modification'' as defined in the
State's prevention of significant deterioration (PSD) regulations, then
the procedures established in Chapter 33-15-15, N.D.A.C., must be
followed.

B. Chapter 33-15-14, N.D.A.C., Section, 33-15-14-03, Minor Source
Permit To Operate

    Subsection 33-15-14-03.16, Amendment of Permits, was similarly
revised to clarify how the NDDH can amend a minor source permit to
operate. Specifically, in the event that a modification would be a
``major modification'' as defined in the State's prevention of
significant deterioration (PSD) regulations, then the procedures
established in Chapter 33-15-15, N.D.A.C., must be followed.
    The revisions discussed above are simply clarifying in nature and
are approvable.

IV. Delegation of Authority

    With a February 10, 2005 submittal, the Governor of North Dakota
requested delegation of authority for revisions to the New Source
Performance Standards (NSPS), promulgated in Chapter 33-15-12, N.D.A.C.
On July 27, 2005, delegation was given with the following letter:

Ref: 8P-AR

Honorable John Hoeven,
Governor of North Dakota State Capitol, 600 E Boulevard Avenue,
Bismarck, North Dakota 58505-0001

Re: Delegation of Clean Air Act New Source Performance Standards

    Dear Governor Hoeven:
    In a February 10, 2005, letter from you and a February 15, 2005,
letter from David Glatt, North Dakota Department of Health (NDDH),
the State of North Dakota submitted revisions to its Air Pollution
Control Rules and requested direct delegation to implement and
enforce the Federal New Source Performance Standards (NSPS).
Specifically, North Dakota Administrative Code Chapter 33-15-12,
Standards of Performance for New Stationary Sources, was revised to
update the citation for the incorporated Federal NSPS in 40 CFR Part
60 as those in effect on January 31, 2004, with the exception of
subpart Eb, which the State has not adopted.
    Subsequent to States adopting NSPS regulations, EPA delegates
the authority for the implementation and enforcement of those

NSPS, so long as the State's regulations are equivalent to the
Federal regulations. EPA reviewed the pertinent statutes and
regulations of the State of North Dakota and determined that they
provide an adequate and effective procedure for the implementation
and enforcement of the NSPS by the State. Therefore, pursuant to
Section 111(c) of the Clean Air Act (Act), as amended, and 40 CFR
Part 60, EPA hereby delegates its authority for the implementation
and enforcement of the NSPS to the State of North Dakota as follows:
    (A) Responsibility for all sources located, or to be located, in
the State of North Dakota subject to the standards of performance
for new stationary sources promulgated in 40 CFR Part 60. The
categories of new stationary sources covered by this delegation are
all NSPS subparts in 40 CFR Part 60, as in effect on January 31,
2004, with the exception of subpart Eb, which the State has not
adopted. Note this delegation does not include the emission
guidelines in subparts Cb, Cc, Cd, Ce, BBBB, and DDDD. These
subparts require state plans which are approved under a separate
process pursuant to Section 111(d) of the Act.
    (B) Not all authorities of NSPS can be delegated to States under
Section 111(c) of the Act, as amended. The EPA Administrator retains
authority to implement those sections of the NSPS that require: (1)
Approving equivalency determinations and alternative test methods,
(2) decision making to ensure national consistency, and (3) EPA
rulemaking to implement. Therefore, of the NSPS of 40 CFR Part 60
being delegated in this letter, the enclosure lists examples of
sections in 40 CFR Part 60 that cannot be delegated to the State of
North Dakota. Please note that the enclosed list has been updated
since our November 6, 2003, delegation of authority to implement and
enforce the NSPS to the State of North Dakota.
    (C) The North Dakota Department of Health (NDDH) and EPA will
continue a system of communication sufficient to guarantee that each
office is always fully informed and current regarding compliance
status of the subject sources and interpretation of the regulations.
    (D) Enforcement of the NSPS in the State will be the primary
responsibility of the NDDH. If the NDDH determines that such
enforcement is not feasible and so notifies EPA, or where the NDDH
acts in a manner inconsistent with the terms of this delegation, EPA
may exercise its concurrent enforcement authority pursuant to
section 113 of the Act, as amended, with respect to sources within
the State of North Dakota subject to NSPS.
    (E) The State of North Dakota will at no time grant a variance
or waiver from compliance with NSPS regulations. Should the NDDH
grant such a variance or waiver, EPA will consider the source
receiving such relief to be in violation of the applicable Federal
regulation and initiate enforcement action against the source
pursuant to section 113 of the Act. The granting of such relief by
the NDDH shall also constitute grounds for revocation of delegation
by EPA.
    (F) If at anytime there is a conflict between a State regulation
and a Federal regulation (40 CFR Part 60), the Federal regulation
must be applied if it is more stringent than that of the State. If
the State does not have the authority to enforce the more stringent
Federal regulation, this portion of the delegation may be revoked.
    (G) If the Regional Administrator determines that a State
procedure for enforcing or implementing the NSPS is inadequate, or
is not being effectively carried out, this delegation may be revoked
in whole or part. Any such revocation shall be effective as of the
date specified in a Notice of Revocation to the NDDH.
    (H) Acceptance of this delegation of presently promulgated NSPS
does not commit the State of North Dakota to accept delegation of
future standards and requirements. A new request for delegation will
be required for any standards not included in the State's requests
of February 10, and 15, 2005.
    (I) Upon approval of the Regional Administrator of EPA Region 8,
the Director of the NDDH may subdelegate his authority to implement
and enforce the NSPS to local air pollution control authorities in
the State when such authorities have demonstrated that they have
equivalent or more stringent programs in force.
    (J) The State of North Dakota must require reporting of all
excess emissions from any NSPS source in accordance with 40 CFR
60.7(c).
    (K) Performance tests shall be scheduled and conducted in
accordance with the procedures set forth in 40 CFR Part 60 unless
alternate methods or procedures are approved by the EPA
Administrator. Although the Administrator retains the exclusive
right to approve equivalent and alternate test methods as specified
in 40 CFR 60.8(b)(2) and (3), the State may approve minor changes in
methodology provided these changes are reported to EPA Region 8. The
Administrator also retains the right to change the opacity standard
as specified in 40 CFR 60.11(e).
    (L) Determinations of applicability such as those specified in
40 CFR 60.5 and 60.6 shall be consistent with those which have
already been made by the EPA.
    (M) Alternatives to continuous monitoring procedures or
reporting requirements, as outlined in 40 CFR 60.13(i), may be
approved by the State only if the specific NSPS grants that
authority. Otherwise, EPA retains the authority to review and
approve such alternatives.
    (N) If a source proposes to modify its operation or facility
which may cause the source to be subject to NSPS requirements, the
State shall notify EPA Region 8 and obtain a determination on the
applicability of the NSPS regulations.
    (O) Information shall be made available to the public in
accordance with 40 CFR 60.9. Any records, reports, or information
provided to, or otherwise obtained by, the State in accordance with
the provisions of these regulations shall be made available to the
designated representatives of EPA upon request.
    (P) All reports required pursuant to the delegated NSPS should
not be submitted to the EPA Region 8 office, but rather to the NDDH.
    (Q) As 40 CFR Part 60 is updated, North Dakota should revise its
regulations accordingly and in a timely manner and submit to EPA
requests for updates to its delegation of authority.
    EPA is approving North Dakota's request for NSPS delegation for
all areas within the State except for the following: Lands within
the exterior boundaries of the Fort Berthold, Fort Totten, Standing
Rock and Turtle Mountain Indian Reservations; and any other areas
which are ``Indian Country'' within the meaning of 18 U.S.C. 1151.
    Since this delegation is effective immediately, there is no need
for the State to notify the EPA of its acceptance. Unless we receive
written notice of objections from you within ten days of the date on
which you receive this letter, the State of North Dakota will be
deemed to accept all the terms of this delegation. EPA will publish
an information notice in the Federal Register to inform the public
of this delegation, in which this letter will appear in its
entirety.
    If you have any questions on this matter, please contact me or
have your staff contact Richard Long, Director of our Air and
Radiation Program, at<PHONE_NUMBER>.

 Sincerely yours,

Robert E. Roberts

Regional Administrator.

Enclosure

cc: David Glatt, NDDH
    Terry O'Clair, NDDH
Enclosure to Letter Delegating NSPS in 40 CFR Part 60, Effective
Through January 31, 2004, to the State of North Dakota

   Examples of Authorities in 40 CFR Part 60 Which Cannot Be Delegated
------------------------------------------------------------------------
         40 CFR subparts                        Section(s)
------------------------------------------------------------------------
A...............................  60.8(b)(2) and (b)(3), and those
                                   sections throughout the standards
                                   that reference 60.8(b)(2) and (b)(3);
                                   60.11(b) and (e); and 60.13(i).
Da..............................  60.45a.
Db..............................  60.44b(f), 60.44b(g) and 60.49b(a)(4).
Dc..............................  60.48c(a)(4).
Ec..............................  60.56c(i), 60.8.
J...............................  60.105(a)(13)(iii) and 60.106(i)(12).

Ka..............................  60.114a.
Kb..............................  60.111b(f)(4), 60.114b,
                                   60.116b(e)(3)(iii),
                                   60.116b(e)(3)(iv), and
                                   60.116b(f)(2)(iii).
O...............................  60.153(e).
S...............................  60.195(b).
DD..............................  60.302(d)(3).
GG..............................  60.332(a)(3) and 60.335(a).
VV..............................  60.482-1(c)(2) and 60.484.
WW..............................  60.493(b)(2)(i)(A) and 60.496(a)(1).
XX..............................  60.502(e)(6).
AAA.............................  60.531, 60.533, 60.534, 60.535,
                                   60.536(i)(2), 60.537, 60.538(e) and
                                   60.539.
BBB.............................  60.543(c)(2)(ii)(B).
DDD.............................  60.562-2(c).
GGG.............................  60.592(c).
III.............................  60.613(e).
JJJ.............................  60.623.
KKK.............................  60.634.
NNN.............................  60.663(f).
QQQ.............................  60.694.
RRR.............................  60.703(e).
SSS.............................  60.711(a)(16), 60.713(b)(1)(i) and
                                   (ii), 60.713(b)(5)(i), 60.713(d),
                                   60.715(a) and 60.716.
TTT.............................  60.723(b)(1), 60.723(b)(2)(i)(C),
                                   60.723(b)(2)(iv), 60.724(e) and
                                   60.725(b).
VVV.............................  60.743(a)(3)(v)(A) and (B), 60.743(e),
                                   60.745(a) and 60.746.
http://WWW.............................  60.754(a)(5).

CCCC............................  60.2030(c).
------------------------------------------------------------------------

V. Section 110(l)

    Section 110(l) of the Clean Air Act states that a SIP revision
cannot be approved if the revision would interfere with any applicable
requirement concerning attainment and reasonable further progress
towards attainment of the National Ambient Air Quality Standards
(NAAQS) or any other applicable requirements of the Act. There are no
nonattainment areas in North Dakota. The revisions to the permitting
provisions were clarifying in nature, will not affect emissions, and
will not interfere with requirements of the Act related to
administrative or procedural provisions. Therefore, these revisions do
not interfere with attainment or maintenance of the NAAQS or other
applicable requirements of the Act.

VI. Final Action

    We reviewed the adequacy of these certain revisions submitted by
the North Dakota Governor with a letter dated April 11, 2003, and find
them approvable. In addition, as requested by the North Dakota Governor
with his February 10, 2005 submittal, we are providing notice that we
granted delegation of authority to North Dakota on July 27, 2005, to
implement and enforce the NSPS promulgated in 40 CFR part 60,
promulgated as of January 31, 2004 (except subpart Eb, which the State
has not adopted). However, the State's NSPS authorities do not include
those authorities which cannot be delegated to the states, as defined
in 40 CFR part 60.
    EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in the ``Proposed Rules'' section of today's
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision if adverse
comments are filed. This rule will be effective March 27, 2006 without
further notice unless the Agency receives adverse comments by February
23, 2006. If the EPA receives adverse comments, EPA will publish a
timely withdrawal in the Federal Register informing the public that the
rule will not take effect. EPA will address all public comments in a
subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time. Please note that if
EPA receives adverse comment on an amendment, paragraph, or section of
this rule and if that provision may be severed from the remainder of
the rule, EPA may adopt as final those provisions of the rule that are
not the subject of an adverse comment.

VII. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it 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).
    This rule also does not have tribal implications because it will
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, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have federalism
implications because it does not have substantial direct effects 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, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999). This action
merely approves a state rule implementing a Federal standard, and does
not alter the relationship or the distribution of power and
responsibilities established in the Clean Air Act. This rule also is
not subject to Executive Order 13045 ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    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 rule 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).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by March 27, 2006. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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 may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

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

    Dated: December 7, 2005.
Kerrigan G. Clough,
Acting Regional Administrator, Region 8.

0
40 CFR part 52 is amended to read as follows:

PART 52--[AMENDED]

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

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

Subpart JJ--North Dakota

0
2. Section 52.1820 is amended by adding paragraph (c)(35) to read as
follows:

Sec.  52.1820  Identification of plan.

* * * * *
    (c) * * *
    (35) Certain revisions to the North Dakota State Implementation
Plan and Air Pollution Control Rules as submitted by the Governor with
a letter dated April 11, 2003. The revisions affect portions of North
Dakota Administrative Code (N.D.A.C.) regarding construction and minor
source permitting.
    (i) Incorporation by reference.
    (A) Revisions to the North Dakota Air Pollution Control Rules as
follows:
    (1) In Chapter 33-15-14, N.D.A.C., Designated Air Contaminant
Sources, Permit to Construct, Minor Source Permit to Operate, Title V
Permit to Operate, the sentence in each first paragraph of subsections
33-15-14-02.19 and 33-15-14-03.16 that reads as follows, ``In the event
that the modification would be a major modification as defined in
chapter 33-15-15, the department shall follow the procedures
established in chapter 33-15-15.'' These revisions were effective March
1, 2003.

[FR Doc. 06-629 Filed 1-23-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 245 (Monday, December 21, 2020)]
[Rules and Regulations]
[Pages 82904-82905]
[FR Doc No: 2020-27923]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2020-0877; Airspace Docket No. 20-ASW-8]
RIN 2120-AA66

Amendment of Class E Airspace; Mineola and Kenedy, TX

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This amends amend the Class E airspace extending upward from
700 feet above the surface at Mineola Wisener Field, Mineola, TX, and
Kenedy Regional Airport, Kenedy, TX. This action is the result of
airspace reviews caused by the decommissioning of the Quitman VHF and
Three Rivers omnidirectional range (VOR) navigation aids as part of the
VOR Minimum Operational Network (MON) Program. The name of the airport
is also being updated to coincide with the FAA's aeronautical database.

DATES: Effective 0901 UTC, February 25, 2021. The Director of the
Federal Register approves this incorporation by reference action under
Title 1 Code of Federal Regulations part 51, subject to the annual
revision of FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11E, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11E at NARA, email<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

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

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

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

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (85 FR 67324; October 22, 2020) for Docket No. FAA-2020-0877
to amend the Class E airspace extending upward from 700 feet above the
surface at Mineola Wisener Field, Mineola, TX, and Kenedy Regional
Airport, Kenedy, TX. Interested parties were invited to participate in
this rulemaking effort by submitting written comments on the proposal
to the FAA. No comments were received.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.11E, dated July 21, 2020, and effective September 15,
2020, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11E, Airspace Designations and
Reporting Points, dated July 21, 2020, and effective September 15,
2020. FAA Order 7400.11E is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11E lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to Title 14 Code of Federal Regulations (14 CFR)
part 71:
    Amends the Class E airspace extending upward from 700 feet above
the surface to within a 6-mile (decreased from a 6.3-mile) radius of
Mineola Wisener Field, Mineola, TX;
    And amends the Class E airspace extending upward from 700 feet
above the surface at Kenedy Regional Airport, Kenedy, TX, by removing
the Three Rivers VORTAC and the associated extensions from the airspace
legal description; updates the name of the airport (previously Karnes
County Airport) to coincide with the FAA's aeronautical database; and
removes the city associated with the airport to comply with changes to
FAA Order 7400.2M, Procedures for Handling Airspace Matters.
    This action is the result of airspace reviews caused by the
decommissioning of the Quitman and Three Rivers VORs, which provided
navigation information for the instrument procedures these airports, as
part of the VOR MON Program.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Regulatory Notices and Analyses

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

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5.a. This airspace action is not expected
to cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

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

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

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

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11E,
Airspace Designations and Reporting Points, dated July 21, 2020, and
effective September 15, 2020, is amended as follows:

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

* * * * *

ASW TX E5 Mineola, TX [Amended]

Mineola Wisener Field, TX
    (Lat. 32[deg]40'36'' N, long. 95[deg]30'39'' W)
Wood County Airport-Collins Field, TX
    (Lat. 32[deg]44'32'' N, long. 95[deg]29'47'' W)

    That airspace extending upward from 700 feet above the surface
within a 6-mile radius of Mineola Wisener Field, and within a 6.4-
mile radius of Wood County Airport-Collins Field, and within 3.8
miles east and 5.7 miles west of the 182[deg] bearing from the Wood
County Airport-Collins Field extending from the 6.4-mile radius of
Wood County Airport-Collins Field to 21.3 miles south of Wood County
Airport-Collins Field.
* * * * *

ASW TX E5 Kenedy, TX [Amended]

Kenedy Regional Airport, TX
    (Lat. 28[deg]49'30'' N, long. 97[deg]51'56'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.3-mile radius of Kenedy Regional Airport.

    Issued in Fort Worth, Texas, on December 15, 2020.
Martin A. Skinner,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2020-27923 Filed 12-18-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: November 25, 2009 (Volume 74, Number 226)]
[Notices]
[Page 61692-61693]
[DOCID:fr25no09-79]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2008-D-0413]

Guidance for Industry on Residual Solvents in Drug Products
Marketed in the United States; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of a guidance for industry entitled ``Residual Solvents in
Drug Products Marketed in the United States.'' On July 1, 2008, the
United States Pharmacopeia (USP) published a new test requirement for
the control of residual solvents, General Chapter <467> ``Residual
Solvents,'' which replaced USP General Chapter <467> ``Organic Volatile
Impurities.'' The change affects all compendial drug products marketed
in the United States. This guidance reflects FDA's recommendations on
how to comply with those USP changes.

DATES: Submit written or electronic comments on agency guidances at any
time.

ADDRESSES: Submit written requests for single copies of the guidance to
the Division of Drug Information, Center for Drug Evaluation and
Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
51, rm. 2201, Silver Spring, MD 20993-0002. Send one self-addressed
adhesive label to assist that office in processing your requests.
Submit written comments on the guidance to the Division of Dockets
Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane,
rm. 1061, Rockville, MD 20852. Submit electronic comments to http://
www.regulations.gov . See the SUPPLEMENTARY INFORMATION section for
electronic access to the guidance document.

FOR FURTHER INFORMATION CONTACT: Chris Watts, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, rm. 4142 Silver Spring, MD 20993-0002, 301-
796-1625.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a guidance for industry
entitled ``Residual Solvents in Drug Products Marketed in the United
States.'' On August 7, 2008 (73 FR 46020), FDA announced the
availability of the draft version of this guidance. The public comment
period closed on October 6, 2008. A number of comments were received,
which the agency considered carefully as it finalized the guidance. In
response to the comments, FDA made appropriate changes. The guidance
provides information on how new drug application (NDA) and abbreviated
new drug application (ANDA) applicants for noncompendial drug products
should limit residual solvents as described in the International
Conference on Harmonisation guidance for industry ``Q3C Impurities:
Residual Solvents;'' how manufacturers of compendial drug products that
are not marketed under an approved NDA or ANDA can comply with the new
General Chapter <467> and the Federal Food, Drug, and Cosmetic Act; and
how holders of NDAs or ANDAs for compendial drug products should report
changes in chemistry, manufacturing, and controls specifications to FDA
to comply with the USP General Chapter <467> ``Residual Solvents'' and
Sec.  314.70 (21 CFR 314.70).
    This guidance is being issued consistent with FDA's good guidance
practices regulation (21 CFR 10.115). The guidance represents the
agency's current thinking on USP General Chapter <467> ``Residual
Solvents.'' It does not create or confer any rights for or on any
person and does not operate to bind FDA or the public. An alternative
approach may be used if such approach satisfies the requirements of the
applicable statutes and regulations.

II. The Paperwork Reduction Act of 1995

    This guidance refers to previously approved collections of
information found in FDA regulations. These collections of information
are subject to review by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Information submitted in the chemistry, manufacturing, and controls
section of an application under 21 CFR 314.50(d)(1), as well as in
amendments to pending applications under 21 CFR 314.60, is approved by
OMB under Control Number 0910-0001. Information submitted in an annual
report under Sec.  314.70(d)(2)(i) and (d)(3) is approved by OMB under
Control Number 0910-0001. Recordkeeping required under 21 CFR
211.165(e) and 211.194(a)(2) is approved by OMB under Control Number
0910-0139.

III. Comments

    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) written or electronic comments regarding this document.
Submit a single copy of electronic comments or two paper copies of any
mailed comments, except that individuals may submit one paper copy.
Comments are to be identified with the docket number found in brackets
in the heading of this document. Received comments may be seen in the
Division of Dockets Management between 9 a.m. and 4 p.m., Monday
through Friday.

IV. Electronic Access

    Persons with access to the Internet may obtain the document at
either http://www.fda.gov/Drugs/
GuidanceComplianceRegulatoryInformation/Guidances/default.htm or http:/
/www.regulations.gov.

    Dated: November 19, 2009.
David Horowitz,
Assistant Commissioner for Policy.
[FR Doc. E9-28247 Filed 11-24-09; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register Volume 84, Number 71 (Friday, April 12, 2019)]
[Rules and Regulations]
[Pages 14872-14874]
[FR Doc No: 2019-07260]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0057]
RIN 1625-AA00

Safety Zone; Laguna Madre, Corpus Christi, TX

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of the Laguna Madre in support of the 2019 Wings over
South Texas Air Show. This action is necessary to protect personnel,
vessels, and the marine environment from potential hazards during
aerobatic maneuvers by high-speed, low-flying airplanes and any
navigation hazards associated with the set up within certain waters of
Laguna Madre. This action will prohibit persons and vessels from
entering the zone unless authorized by the Captain of the Port Corpus
Christi (COTP) or a designated representative.

DATES: This rule is effective from 11 a.m. on April 11, 2019 through 5
p.m. on April 14, 2019.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0057 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LCDR Margaret Brown, Sector Corpus Christi Waterways
Management Division, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM with respect to this rule
because doing so would be impracticable. It is impracticable to publish
an NPRM because we must establish this safety zone by April 11, 2019
and lack sufficient time to provide a reasonable comment period and
then consider those comments before issuing the rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to the public interest because immediate
action is needed to respond to the potential safety hazards associated
with the air show.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Sector Corpus Christi (COTP) has
determined that potential hazards associated with the air show will be
a safety concern for transiting vessels and/or persons and that a
safety zone is needed. This rule is needed to protect personnel,
vessels, and the marine environment in the navigable waters within the
safety zone during the air show.

IV. Discussion of the Rule

    This rule establishes a safety zone from April 11, 2019 through
April 14, 2019. It will be enforced each day from 11 a.m. through 5
p.m. The safety zone will cover all navigable waters within the
following coordinates in Laguna Madre: Beginning at 027[deg]42'05'' N,
097[deg]14'09'' W, thence east to 027[deg]42'54'' N, 097[deg]17'12'' W,
thence south to 027[deg]41'36'' N, 097[deg]14'19'' W thence directly
west to 027[deg]42'26'' N, 097[deg]17'22'' W, and thence north to its
origin. The duration of the zone is intended to protect the personnel,
vessels, and the marine environment in these navigable waters during
the air show. No vessel or person will be permitted to enter the safety
zone without obtaining permission from the COTP or a designated
representative.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. Vessel traffic
will only be impacted for six hours on three days in a small area of
Laguna Madre. Moreover, the Coast Guard will issue Broadcast Notices to
Mariners and Local Notices to Mariner (VHF-FM marine channel 16) and/or
Safety Marine Information Broadcasts as appropriate.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
temporary safety zone may be small entities, for the reasons stated in
section V.A above, this rule will not have a significant economic
impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of

their discretionary regulatory actions. In particular, the Act
addresses actions that may result in the expenditure by a State, local,
or tribal government, in the aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or more in any one year. Though
this rule will not result in such an expenditure, we do discuss the
effects of this rule elsewhere in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969 (42 U.S.C. 4321-4370f), and have determined that this action is
one of a category of actions that do not individually or cumulatively
have a significant effect on the human environment. This rule involves
a safety zone around all waters within the following coordinates in
Laguna Madre: Beginning at 027[deg]42'05'' N, 097[deg]14'09'' W, thence
east to 027[deg]42'54'' N, 097[deg]17'12'' W, thence south to
027[deg]41'36'' N, 097[deg]14'19'' W thence directly west to
027[deg]42'26'' N, 097[deg]17'22'' W, and thence north to its origin.
It is categorically excluded from further review under paragraph L60(a)
of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev.
01. A Record of Environmental Consideration supporting this
determination is available in the docket where indicated under
ADDRESSES.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add Sec.  165.T08-0057 to read as follows:

Sec.  165.T08-0057  Safety Zone; Laguna Madre, Corpus Christi, TX.

    (a) Location. The following area is a safety zone: All navigable
waters beginning at Point A (027[deg]42'05'' N, 097[deg]14'09'' W),
running east to Point B (027[deg]42'54'' N, 097[deg]17'12'' W), running
south to Point C (027[deg]41'36'' N, 097[deg]14'19'' W), running west
to Point D (027[deg]42'26'' N, 097[deg]17'22'' W), and back North to
Point A.
    (b) Effective and enforcement periods. This section is effective
from April 11, 2019 through April 14, 2019. This section will be
enforced from 11 a.m. through 5 p.m. each day of the effective period.
    (c) Regulations. (1) The general regulations in Sec.  165.33 apply.
Entry into this zone is prohibited unless authorized by the Captain of
the Port Sector Corpus Christi (COTP) or a designated representative.
    (2) Persons or vessels seeking to enter the safety zone must
request permission from the COTP on VHF-FM channel 16 or by telephone
at<PHONE_NUMBER>.
    (3) If permission is granted, all persons and vessels shall comply
with the instructions of the COTP or designated representative.
    (d) Information broadcasts. The COTP or a designated representative
will inform the public of the enforcement times and date for this
security zone through Broadcast Notices to Mariners, Local Notices to
Mariners, and/or Safety Marine Information Broadcasts as appropriate.

    Dated: April 4, 2019.
E.J. Gaynor,
Captain, U.S. Coast Guard, Captain of the Port Sector Corpus Christi.
[FR Doc. 2019-07260 Filed 4-11-19; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 76, Number 43 (Friday, March 4, 2011)]
[Rules and Regulations]
[Pages 11959-11960]
[FR Doc No: 2011-4852]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2011-0066]

Drawbridge Operation Regulations; Hackensack River, Jersey City,
NJ, Maintenance

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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

SUMMARY: The Commander, First Coast Guard District, has issued a
temporary deviation from the regulation governing the operation of the
Witt Penn Bridge at mile 3.1, across the Hackensack River, at Jersey
City, New Jersey. The deviation is necessary to perform bridge
maintenance. This deviation allows the bridge owner to require a two-
hour advance notice for bridge openings.

DATES: This deviation is effective from April 4, 2011 through May 8,
2011.

ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket USCG-2011-0066 and are available online
at

http://www.regulations.gov, inserting USCG-2011-0066 in the ``Keyword''
and then clicking ``Search''. They are also available for inspection or
copying at the Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC, 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail Mr. Joe Arca, Project Officer, First Coast Guard
District<EMAIL_ADDRESS>telephone<PHONE_NUMBER>. If you have
questions on viewing the docket, call Renee V. Wright, Program Manager,
Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Witt Penn Bridge, across the Hackensack
River at mile 3.1 has a vertical clearance in the closed position of 35
feet at mean high water and 40 feet at mean low water. The existing
drawbridge operation regulations are listed at 33 CFR 117.723.
    The waterway has seasonal recreational vessels, and commercial
vessels of various sizes.
    Most vessels that presently use this waterway can pass under the
bridge without a bridge opening.
    The owner of the bridge, New Jersey Department of Transportation,
requested a temporary deviation to facilitate the replacement of the AC
drive motors and subsequent testing.
    Under this temporary deviation the Witt Penn Bridge, mile 3.1,
across the Hackensack River may require a two-hour advance notice for
bridge openings from April 4, 2011 through May 8, 2011. Vessels that
can pass under the bridge without a bridge opening may do so at all
times.
    In accordance with 33 CFR 117.35(e), the bridge must return to its
regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: February 11, 2011.
Gary Kassof,
Bridge Program Manager, First Coast Guard District.
[FR Doc. 2011-4852 Filed 3-3-11; 8:45 am]
BILLING CODE 9110-04-P