[Federal Register Volume 88, Number 243 (Wednesday, December 20, 2023)]
[Notices]
[Pages 88061-88062]
[FR Doc No: 2023-27878]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 5867-054]

Alice Falls Hydro, LLC; Notice of Revised Procedural Schedule for
Environmental Assessment for the Proposed Project Relicense

    On September 29, 2021, Alice Falls Hydro, LLC filed an application
for a

new license to continue to operate and maintain the 2.1-megawatt Alice
Falls Hydroelectric Project No. 5867 (Alice Falls Project). On April
24, 2023, Commission staff issued a notice of intent to prepare an
Environmental Assessment (EA) to evaluate the effects of relicensing
the Alice Falls Project. The notice of intent included a schedule for
preparing a single EA.
    By this notice, Commission staff is updating the procedural
schedule for completing the EA. The revised schedule is shown below.
Further revisions to the schedule may be made as appropriate.

------------------------------------------------------------------------
                 Milestone                           Target date
------------------------------------------------------------------------
Issue EA..................................  March 2024.
------------------------------------------------------------------------

    Any questions regarding this notice may be directed to Kelly
Wolcott at<PHONE_NUMBER>, or by email at [email protected].

    Dated: December 13, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-27878 Filed 12-19-23; 8:45 am]
BILLING CODE 6717-01-P


From:
Paul Balserak<EMAIL_ADDRESS>Sent:
Monday, June 14, 2021 3:37 PM
To:
Jones, DonnaLee<EMAIL_ADDRESS>Subject:
RE: AISI Environment Committee Meeting- question about list

Dr. Jones  -  here is the complete list.  Let me know if you have questions.
Paul

<< Participants List COE June 2 2021 Meeting Final.pdf >>

From: Jones, DonnaLee<EMAIL_ADDRESS>Sent: Friday, June 4, 2021 1:52 PM
To: Paul Balserak<EMAIL_ADDRESS>Subject: RE: AISI Environment Committee Meeting- question about list

No rush. We have until the proposal is signed to get it in the docket.

Regards,
Donna Lee Jones, Ph.D.
Senior Technical Advisor, Metals Sector
U. S. Environmental Protection Agency
Office of Air Quality Planning and Standards
Sector Policies and Programs Division / Metals & Inorganic Chemicals Group (D243-02)
Research Triangle Park, NC  27711  Tele:<PHONE_NUMBER>  Fax<PHONE_NUMBER>
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
"Reasonableness never fails to be appreciated."  - anon.

Pronouns - She/Her/Hers
Salutation - Dr./Ms.

From: Paul Balserak<EMAIL_ADDRESS>Sent: Friday, June 4, 2021 1:44 PM
To: Jones, DonnaLee<EMAIL_ADDRESS>Subject: RE: AISI Environment Committee Meeting- question about list

Hi Dr. Jones,   Unfortunately, that's not correct.  I will work to get you a complete list showing the affiliations next week.  I just can't finish it today.
Thanks again
Paul

Paul Balserak
Vice President, Environment

American Iron and Steel Institute
25 Massachusetts Ave.  NW, Suite 800
Washington, DC  20001
202 452-7122 (office)
703 969-1789 (mobile)

From: Jones, DonnaLee<EMAIL_ADDRESS>Sent: Friday, June 4, 2021 12:31 PM
To: Paul Balserak<EMAIL_ADDRESS>Subject: RE: AISI Environment Committee Meeting- question about list

Paul  -  Can we assume that the names without affiliations have the affiliation of the next highest company? People from Cleveland Cliffs are in multiple places (besides the chair), so wasn't sure if you organized the others under same company.

Regards,
Donna Lee Jones, Ph.D.
Senior Technical Advisor, Metals Sector
U. S. Environmental Protection Agency
Office of Air Quality Planning and Standards
Sector Policies and Programs Division / Metals & Inorganic Chemicals Group (D243-02)
Research Triangle Park, NC  27711  Tele:<PHONE_NUMBER>  Fax<PHONE_NUMBER>
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
"Reasonableness never fails to be appreciated."  - anon.

Pronouns - She/Her/Hers
Salutation - Dr./Ms.

From: Paul Balserak<EMAIL_ADDRESS>Sent: Thursday, June 3, 2021 2:46 PM
To: Jones, DonnaLee<EMAIL_ADDRESS>Subject: AISI Environment Committee Meeting

Dear Dr. Jones,
Thank you very much for speaking to the AISI Environment Committee regarding an overview of the EAF NSPS rule on June 2, 2021 from 2:45-3:15pm (Eastern).  The attendance list is attached.  I greatly appreciate your time with us.
Best,
Paul
Paul Balserak
Vice President, Environment

American Iron and Steel Institute
25 Massachusetts Ave.  NW, Suite 800
Washington, DC  20001
202 452-7122 (office)
703 969-1789 (mobile)


	EPA ICR No. 1759.05                                       OMB Control No. 2070-0148

ATTACHMENT D

Wage Rate Tables for Agricultural Employers and Agricultural Workers

Agricultural Employers

Labor Category:	Formula	Wage Rate

Unloaded Hourly Rate1	 = W	$23.47

Benefits Percentage2	Lb = B/W	43%

Benefits per hour	B = W*Lb	$10.09

Loaded Hourly Rate	Wb = W + B = W(1+Lb)	$33.56

Overhead Percentage3	Lo = OH/Wb	50%

Overhead per hour	OH = Wb*Lo	$16.78

Fully Loaded Hourly Rate	Wf = Wb + OH

 = W + B + OH  	$50.34

1.  Data Source:  BLS    http://www.bls.gov/oes/current/naics2_11.htm

     NAICS:  Sector 11 - Agriculture, Forestry, Fishing and Hunting

     Standard Occupational Code:  11-9012 - Farmers and Ranchers

     May 2006 data

2. Fringe benefits/wage per hour.

3. U. S. Environmental Protection Agency, EPA Air Pollution Control Cost Manual, Sixth Edition, EPA-452-02-001, January 2002, pg. 2-34.  The loading for indirect costs is within the range of 20-70% of the load labor rate (wage + benefits) suggested in EPA guidance.

Agricultural Workers

Labor Category:	Formula	Wage Rate

Unloaded Hourly Rate1	 = W	$8.10

Benefits Percentage2	Lb = B/W	43%

Benefits per hour	B = W*Lb	$3.48

Loaded Hourly Rate	Wb = W + B = W(1+Lb)	$11.58

Overhead Percentage3	Lo = OH/Wb	50%

Overhead per hour	OH = Wb*Lo	$5.79

Fully Loaded Hourly Rate	Wf = Wb + OH

 = W + B + OH  	$17.37

1.  Data Source:  BLS    http://www.bls.gov/oes/current/naics2_11.htm

     NAICS:  Sector 11 - Agriculture, Forestry, Fishing and Hunting

     Standard Occupational Code:  45-2092 - Farmworkers and

     Laborers, Crop, Nursery, and Greenhouse

     May 2006 data

2. Fringe benefits/wage per hour.

3. U. S. Environmental Protection Agency, EPA Air Pollution Control Cost Manual, Sixth Edition, EPA-452-02-001, January 2002, pg. 2-34.  The loading for indirect costs is within the range of 20-70% of the load labor rate (wage + benefits) suggested in EPA guidance.


[Federal Register Volume 80, Number 119 (Monday, June 22, 2015)]
[Notices]
[Pages 35642-35644]
[FR Doc No: 2015-15233]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC15-3-000]

Commission Information Collection Activities, (FERC-567 and FERC-
587), Comment Request

AGENCY: Federal Energy Regulatory Commission, Energy.

ACTION: Comment request.

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

SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995, 44 U.S.C. 3507(a)(1)(D), the Federal Energy Regulatory
Commission (Commission or FERC) is submitting these information
collections [FERC-567 (Gas Pipeline Certificates: Annual Reports of
System Flow Diagrams and System Capacity) and FERC-587 (Land
Description (Public Land States/Non-Public Land States [Rectangular or
Non-Rectangular Survey System Lands in Public Land States])] to the
Office of Management and Budget (OMB) for review of the information
collection requirements. Any interested person may file comments
directly with OMB and should address a copy of those comments to the
Commission as explained below. The Commission previously issued a
Notice in the Federal Register (80 FR 19308, 4/10/2015) requesting
public comments. The Commission received no comments on neither the
FERC-567 nor FERC-587 and is making this notation in its submittal to
OMB.

DATES: Comments on the collection of information are due by July 22,
2015.

ADDRESSES: Comments filed with OMB, identified by the OMB Control No.
1902-0005 (FERC-567) and 1902-0145 (FERC-587) should be sent via email
to the Office of Information and Regulatory Affairs:
<EMAIL_ADDRESS>Attention: Federal Energy Regulatory
Commission Desk Officer. The Desk Officer may also be reached via
telephone at<PHONE_NUMBER>.
    A copy of the comments should also be sent to the Commission, in
Docket No. IC15-3-000, by either of the following methods:
     eFiling at Commission's Web site: http://www.ferc.gov/docs-filing/efiling.asp.
     Mail/Hand Delivery/Courier: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE.,
Washington, DC 20426.
    Instructions: All submissions must be formatted and filed in
accordance with submission guidelines at: http://www.ferc.gov/help/submission-guide.asp. For user assistance contact FERC Online Support
by email at<EMAIL_ADDRESS>or by phone at:<PHONE_NUMBER>
(toll-free), or<PHONE_NUMBER> for TTY.
    Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading comments and
issuances in this docket may do so at http://www.ferc.gov/docs-filing/docs-filing.asp.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at
<EMAIL_ADDRESS>by telephone at<PHONE_NUMBER>, and by fax at
(202) 273-0873.

SUPPLEMENTARY INFORMATION:
    Type of Request: Three-year extension of the information collection
requirements for all collections described below with no changes to the
current reporting requirements. Please note that each collection is
distinct from the next.
    Comments: Comments are invited on: (1) Whether the collections of
information are necessary for the proper performance of the functions
of the Commission, including whether the information will have
practical utility; (2) the accuracy of the agency's estimates of the
burden and cost of the collections of information, including the
validity of the methodology and assumptions used; (3) ways to enhance
the quality, utility and clarity of the information collections; and
(4) ways to minimize the burden of the collections of information on
those who are to respond, including the use of automated collection
techniques or other forms of information technology.

FERC-567, [Gas Pipeline Certificates: Annual Reports of System Flow
Diagrams and System Capacity]

    OMB Control No.: 1902-0005.
    Abstract: The Commission uses the information from the FERC-567 to
obtain accurate data on pipeline facilities and the peak capacity of
these facilities. Additionally, the Commission validates the need for
new facilities proposed by pipelines in certificate applications. By
modeling an applicant's pipeline system, Commission staff utilizes the
FERC-567

data to determine configuration and location of installed pipeline
facilities; verify and determine the receipt and delivery points
between shippers, producers and pipeline companies; determine the
location of receipt and delivery points and emergency interconnections
on a pipeline system; determine the location of pipeline segments,
laterals and compressor stations on a pipeline system; verify pipeline
segment lengths and pipeline diameters; justify the maximum allowable
operating pressures and suction and discharge pressures at compressor
stations; verify the installed horsepower and volumes compressed at
each compressor station; determine the existing shippers and producers
currently using each pipeline company; verify peak capacity on the
system; and develop and evaluate alternatives to the proposed
facilities as a means to mitigate environmental impact of new pipeline
construction.
    18 Code of Federal Regulations (CFR) 260.8(a) requires each major
natural gas pipeline with a system delivery capacity exceeding 100,000
Mcf \1\ per day to submit by June 1 of each year, diagrams reflecting
operating conditions on the pipeline's main transmission system during
the previous 12 months ended December 31. These physical/engineering
data are not included as part of any other data collection requirement.
---------------------------------------------------------------------------

    \1\ ``Mcf'' is an abbreviation denoting a thousand cubic feet of
natural gas.
---------------------------------------------------------------------------

    Type of Respondent: Applicants proposing hydropower projects on (or
changes to existing projects located within) lands owned by the United
States.
    Estimate of Annual Burden: The Commission estimates the annual
public reporting burden for the information collection as:

                             FERC-567--Gas Pipeline Certificates: Annual Reports of System Flow Diagrams and System Capacity
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Average burden   Total annual
                                                             Number of     Annual number   Total number   hours and cost   burden hours      Cost per
                                                            respondents    of responses    of responses    per response      and total    respondent ($)
                                                                          per respondent                        \2\         annual cost
                                                                     (1)             (2)     (1)*(2)=(3)             (4)     (3)*(4)=(5)         (5)/(1)
--------------------------------------------------------------------------------------------------------------------------------------------------------
FERC-567 Applicants.....................................              93               1              93               3             279            $216
                                                                                $216         $20,088
--------------------------------------------------------------------------------------------------------------------------------------------------------

FERC-587, [Land Description (Public Land States/Non-Public Land States
[Rectangular or Non-Rectangular Survey System Lands in Public Land
States])]

    OMB Control No.: 1902-0145.
---------------------------------------------------------------------------

    \2\ The estimates for cost per response are derived using the
following formula: Average Burden Hours per Response * $72 per Hour
= Average Cost per Response. The hourly cost figure comes from the
FERC average salary. Subject matter experts found that industry
employment costs closely resemble FERC's regarding the FERC-567
information collection.
---------------------------------------------------------------------------

    Abstract: The Commission requires the FERC-587 information
collection to satisfy the requirements of section 24 of the Federal
Power Act (FPA). The Federal Power Act grants the Commission authority
to issue licenses for the development and improvement of navigation and
for the development, transmission, and utilization of power across,
along, from or in any of the steams or other bodies of water over which
Congress has jurisdiction.\3\ The Electric Consumers Protection Act
(ECPA) amends the FPA to allow the Commission the responsibility of
issuing licenses for nonfederal hydroelectric plants.\4\ section 24 of
the FPA requires that applicants proposing hydropower projects on (or
changes to existing projects located within) lands owned by the United
States to provide a description of the applicable U.S. land.
Additionally, the FPA requires the notification of the Commission and
Secretary of the Interior of the hydropower proposal. FERC-587
consolidates the information required and identifies hydropower project
boundary maps associated with the applicable U.S. land.
---------------------------------------------------------------------------

    \3\ 16 U.S.C. Section 797d (2010)
    \4\ Public Law 99-495, 100 Stat. 1243 (1996)
---------------------------------------------------------------------------

    The information consolidated by the Form No. 587 verifies the
accuracy of the information provided for the FERC-587 to the Bureau of
Land Management (BLM) and the Department of the Interior (DOI).
Moreover, this information ensures that U.S. lands can be reserved as
hydropower sites and withdrawn from other uses.
    Type of Respondent: Applicants proposing hydropower projects on (or
changes to existing projects located within) lands owned by the United
States.
    Estimate of Annual Burden: The Commission estimates the annual
public reporting burden for the information collection as:

    FERC-587--Land Description (Public Land States/Non-Public Land States [Rectangular or Non-Rectangular Survey System Lands in Public Land States])
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Average burden   Total annual
                                                             Number of     Annual number   Total number   hours and cost   burden hours      Cost per
                                                            respondents    of responses    of responses    per response      and total    respondent ($)
                                                                          per respondent                        \2\         annual cost
                                                                     (1)             (2)     (1)*(2)=(3)             (4)     (3)*(4)=(5)         (5)/(1)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Hydropower Project Applicants...........................             137               1             137               1             137             $72
                                                                                $72          $9,864
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Dated: June 16, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-15233 Filed 6-19-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 112 (Tuesday, June 13, 2017)]
[Notices]
[Page 27055]
[FR Doc No: 2017-12225]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER17-1769-000]

Solar Star Oregon II, LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Solar Star Oregon II, LLC's application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is June 27, 2017.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the Web site that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: June 7, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-12225 Filed 6-12-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 37 (Wednesday, February 25, 2015)]
[Notices]
[Page 10085]
[FR Doc No: 2015-03868]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2014-0033; FRL-9923-60-OEI]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; NSPS for Petroleum Refineries (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency has submitted an
information collection request (ICR), ``NSPS for Petroleum Refineries
(40 CFR part 60, subpart J) (Renewal)'' (EPA ICR No. 1054.12, OMB
Control No. 2060-0022) to the Office of Management and Budget (OMB) for
review and approval in accordance with the Paperwork Reduction Act (44
U.S.C. 3501 et seq.). This is a proposed extension of the ICR, which is
currently approved through February 28, 2015. Public comments were
previously requested via the Federal Register (79 FR 30117) on May 27,
2014 during a 60-day comment period. This notice allows for an
additional 30 days for public comments. A fuller description of the ICR
is given below, including its estimated burden and cost to the public.
An Agency may not conduct or sponsor and a person is not required to
respond to a collection of information unless it displays a currently
valid OMB control number.

DATES: Additional comments may be submitted on or before March 27,
2015.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OECA-2014-0033, to (1) EPA online using www.regulations.gov (our
preferred method), by email to<EMAIL_ADDRESS>or by mail to: EPA
Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW., Washington, DC 20460, and (2) OMB via email to
<EMAIL_ADDRESS>Address comments to OMB Desk Officer for
EPA.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Patrick Yellin, Monitoring,
Assistance, and Media Programs Division, Office of Compliance, Mail
Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave.
NW., Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents, which explain in
detail the information that the EPA will be collecting, are available
in the public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Abstract: The affected sources are (1) fluid catalytic cracking
unit (FCCU) catalyst regenerator or fuel gas combustion device (FGCD)
other than a flare that commenced construction, reconstruction or
modification after June 11, 1973 and on or before May 14, 2007; (2)
FGCD fuel gas combustion device that is also a flare that commenced
construction, reconstruction or modification after June 11, 1973 and on
or before June 24, 2008; or (3) any Claus sulfur recovery plant which
commenced construction, reconstruction or modification after October 4,
1976 and on or before May 14, 2007. Units that are constructed,
reconstructed or modified after the end date of Subpart J applicability
are subject to the requirements under regulations at 40 CFR part 60,
subpart Ja. At the time of this ICR renewal, all refinery flares are
complying with the NSPS Subpart Ja requirements.
    Form Numbers: None.
    Respondents/affected entities: Petroleum refineries.
    Respondent's obligation to respond: Mandatory (40 CFR part 60,
subpart J).
    Estimated number of respondents: 150 (total).
    Frequency of response: Initially, occasionally, and semiannually.
    Total estimated burden: 15,784 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $2,264,370 (per year), includes $719,100
annualized capital or operation & maintenance costs.
    Changes in the Estimates: There is no change in the respondent
labor hours in this ICR compared to the previous ICR because the 2012
rule amendments did not require additional monitoring, recordkeeping
and reporting requirements under NSPS J. Modified or reconstructed
sources under NSPS Subpart J would trigger NSPS Subpart Ja
applicability.

Courtney Kerwin,
Acting Director, Collection Strategies Division.
[FR Doc. 2015-03868 Filed 2-24-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 191 (Wednesday, October 2, 2019)]
[Rules and Regulations]
[Pages 52364-52367]
[FR Doc No: 2019-20870]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2019-0382; FRL-10000-18-Region 1 ]

Air Plan Approval; Rhode Island; Prevention of Significant
Deterioration; PM10, PM2.5 and NOX

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of Rhode
Island. This revision establishes the regulation of fine particulate
matter (that is, particles with an aerodynamic diameter less than or
equal to a nominal 2.5 micrometers, generally referred to as
``PM2.5''), PM10 (particles with an aerodynamic
diameter less than or equal to a nominal 10 micrometers), and nitrogen
oxides (NOX) within the context of Rhode Island's Prevention
of Significant Deterioration (PSD) permitting program. The EPA is also
approving other minor changes to Rhode Island's PSD permitting program.
In addition, EPA is converting several conditionally approved
infrastructure SIP elements to fully approved elements for the 2008
ozone, 2008 lead, 2010 nitrogen dioxide, and 1997 and 2006
PM2.5 National Ambient Air Quality Standards (NAAQS). These
actions are being taken in accordance with the Clean Air Act.

DATES: This rule is effective on November 1, 2019.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2019-0382. All documents in the docket
are listed on the https://www.regulations.gov website. Although listed
in the index, some information is not publicly available, 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 at https://

www.regulations.gov or at the U.S. Environmental Protection Agency, EPA
Region 1 Regional Office, Air and Radiation Division, 5 Post Office
Square--Suite 100, Boston, MA. The EPA requests that if at all
possible, you contact the contact listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your inspection. The Regional Office's
official hours of business are Monday through Friday, 8:30 a.m. to 4:30
p.m., excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Donald Dahl, Air Permits, Toxics, and
Indoor Programs Branch, EPA Region 1 Regional Office, 5 Post Office
Square--Suite 100, mail code 05-2, Boston, MA 02109-3912, tel. (617)
918-1657, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. Background and Purpose
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    On July 24, 2019 (84 FR 35582), EPA published a Notice of Proposed
Rulemaking (NPRM) for the State of Rhode Island. The NPRM proposed
approval of revisions to Rhode Island's PSD permit program regulations
and also proposed to convert from conditional approval to full approval
several infrastructure SIPs. The formal SIP revision was submitted to
the EPA by the Rhode Island Department of Environmental Management (RI
DEM) on March 26, 2018. On February 6, 2019, RI DEM submitted to the
EPA a letter clarifying its intent to only incorporate certain elements
of its March 2018 submittal for inclusion into the Rhode Island SIP.
    The State of Rhode Island's PSD permitting program is established
in Title 250--Rhode Island Department of Environmental Management,
Chapter 120--Air Resources, Subchapter 05--Air Pollution Control, Part
9--Air Pollution Control Permits (Part 9). Revisions to the PSD program
were last approved into the Rhode Island SIP on October 24, 2013 (78 FR
63383). Rhode Island has authority to issue and enforce PSD permits
under its SIP-approved PSD program.
    The March 2018 RI DEM SIP submittal, and February 2019
clarification letter, were submitted to address PM2.5 and
PM10 in the State's PSD permitting regulations, to
specifically address NOX as a precursor to ozone formation,
and to make other minor changes to Rhode Island's PSD permitting
program. This submittal also sought to satisfy the conditions of an
April 20, 2016 conditional approval (81 FR 23175) for the 2008 ozone,
2008 lead, 2010 nitrogen dioxide, and 1997 and 2006 PM2.5
NAAQS infrastructure SIPs (I-SIPs). The conditions of the April 20,
2016 conditional approval related to the aspects of the PSD program
pertaining to NOX as a precursor to ozone formation and
changes made to 40 CFR part 51.166 in the EPA's October 20, 2010
rulemaking (75 FR 64864) concerning emissions of PM2.5.
    In the EPA's April 20, 2016 conditional approval, we cite a
February 18, 2016 letter in which RI DEM commits to making the
necessary changes to address the deficiencies in the Rhode Island SIP.
RI DEM's March 2018 SIP submittal and February 2019 clarification
letter satisfy the State's earlier commitment.
    The NPRM includes the rationale for our full approval and the EPA
will not restate its rationale in this action. No public comments were
received on the NPRM.

II. Final Action

    The EPA is approving several revisions to Rhode Island's PSD SIP
and converting several previously conditionally approved I-SIPs to full
approval.
    Since the EPA's last approval on October 24, 2013 of amendments to
RI DEM's Part 9, the State has undertaken a new codification system
that results in different citations between the current state
regulations and the Rhode Island SIP. Due to the State's new
codification system, there are instances where the state regulation
being approved into the SIP at this time does not mesh precisely within
the existing codification structure of the Rhode Island SIP. As a
matter of substantive legal requirements, however, the regulations
approved into the Rhode Island SIP, including those we are approving
today, are harmonious and clear.
    We describe below exactly how each definition and provision within
Part 9 that we are approving will be incorporated into Rhode Island's
SIP. A discussion of how the amendments to the SIP align with existing
provisions in EPA's PSD regulations at 40 CFR part 51.166 is contained
in the NPRM and will not be repeated here. The EPA is approving the
following specific revisions into the Rhode Island SIP.
    1. The definition of ``Baseline concentration'' in Section
9.5.C.2., replaces Section 9.5.l(b) in the currently approved Rhode
Island SIP.
    2. The definition of ``Increment'' in Section 9.5.C.3., replaces
Section 9.5.1(d) in the currently approved Rhode Island SIP.
    3. The definition of ``Major Source Baseline Date'' in Section
9.5.C.4., replaces Section 9.5.l(e) in the currently approved Rhode
Island SIP.
    4. The definition of ``Major Stationary Source'' in Section
9.5.C.6., replaces Section 9.5.l(g) in the currently approved Rhode
Island SIP.
    5. The definition of ``Minor Source Baseline Date'' in Section
9.5.C.5., replaces Section 9.5.l(f) in the currently approved Rhode
Island SIP.
    6. The definition of ``Regulated NSR Pollutant'' in Section
9.5.A.36., replaces Section 9.1.36 in the currently approved Rhode
Island SIP.
    7. The definition ``Subject to Regulation'' in Section 9.5.A.41.,
replaces Section 9.1.41 in the currently approved Rhode Island SIP.
    8. The regulation regarding the amount of available increment a
source can consume in Section 9.9.2 replaces Section 9.5.3.(a) in the
currently approved Rhode Island SIP.
    Although the State's amendment removes the limits on the amount of
available increment that can be consumed, the amendment does not allow
a source to consume more increment than is available. See Subchapter
05, Part 9, Section 9.9.1.A.2.a(2) of Rhode Island's Air Resources
Regulations.
    9. Section 9.9.2.A.5.e(3), which prohibits emissions from temporary
sources of sulfur dioxide, nitrogen oxides, and particulate matter from
being excluded from increment consumption if the temporary emissions
would impact a Class I area, replaces Section 9.5.3(c)(5)c in the
currently approved Rhode Island SIP.
    10. The table in Section 9.9.4.A. that contains PM2.5
thresholds which, if exceeded, would require a new major stationary
source or a source making a major modification to comply with
nonattainment new source review requirements, replaces the table at
Section 5.5 in the currently approved Rhode Island SIP.
    With these changes to Rhode Island's PSD regulations, the EPA has
found that Rhode Island's infrastructure SIPs for the 2008 ozone, 2008
lead, 2010 nitrogen dioxide, and 1997 and 2006 PM2.5 NAAQS
fully meet the PSD program requirements.

III. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR

51.5, the EPA is finalizing the incorporation by reference of the RI
DEM's regulations described in the amendments to 40 CFR part 52 set
forth below. The EPA has made, and will continue to make, these
documents generally available through https://www.regulations.gov and
at the EPA Region 1 Office (please contact the person identified in the
FOR FURTHER INFORMATION CONTACT section of this preamble for more
information). Therefore, these materials have been approved by EPA for
inclusion in the State implementation plan, have been incorporated by
reference by EPA into that plan, are fully federally enforceable under
sections 110 and 113 of the CAA as of the effective date of the final
rulemaking of EPA's approval, and will be incorporated by reference in
the next update to the SIP compilation.\1\
---------------------------------------------------------------------------

    \1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 regulatory action because
this action is not significant under Executive Order 12866;
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
    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. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    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 December 2, 2019. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: September 19, 2019.
Dennis Deziel,
Regional Administrator, EPA Region 1.
    Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart OO--Rhode Island

0
2. Section 52.2070 is amended:
0
a. In the table in paragraph (c) by revising the entry for ``Air
Pollution Control Regulation 9''; and
0
b. In the table in paragraph (e) by revising the entries for
``Infrastructure SIP for the 2008 Ozone NAAQS'', ``Infrastructure SIP
for the 2008 lead NAAQS'', ``Infrastructure SIP for the 2010
NO2 NAAQS'', ``Infrastructure SIP for the 1997
PM2.5 NAAQS'', and ``Infrastructure SIP for the 2006
PM2.5 NAAQS''.
    The revision reads as follow:

Sec.  52.2070   Identification of plan.

* * * * *
    (c) * * *

                                      EPA-Approved Rhode Island Regulations
----------------------------------------------------------------------------------------------------------------
                                                          State
         State citation             Title/subject    effective date   EPA approval date        Explanations
----------------------------------------------------------------------------------------------------------------
                                                  * * * * * * *
Air Pollution Control Part 9...  Air pollution             4/5/2018  10/2/2019 [Insert   Amend definitions in
                                  control permits.                    Federal Register    Section 9.5:
                                                                      citation].          ``Baseline
                                                                                concentration'';
                                                                                ``Increment''; ``Major
                                                                                Source Baseline
                                                                                Date''; ``Major
                                                                                Stationary Source'';
                                                                                ``Minor Source
                                                                                Baseline Date'';
                                                                                ``Regulated NSR
                                                                                Pollutant''; ``Subject
                                                                                to Regulation''
                                                                                Replace Section
                                                                                9.5.3.(a) with new
                                                                                language codified as
                                                                                Section 9.9.2.
                                                                                Replace Section
                                                                                9.5.3(c)(5)c with new
                                                                                language codified as
                                                                                Section
                                                                                9.9.2.A.5.e(3).
                                                                                Replace the table at
                                                                                Section 5.5 with a new
                                                                                table codified as
                                                                                Section 9.9.4.A.
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

                                           Rhode Island Non Regulatory
----------------------------------------------------------------------------------------------------------------
                                     Applicable           State
   Name of non regulatory SIP       geographic or    submittal date/  EPA approved date        Explanations
           provision             nonattainment area  effective date
----------------------------------------------------------------------------------------------------------------
                                                  * * * * * * *
Infrastructure SIP for the 2008  Statewide.........   Submitted 01/  4/20/2016, 81 FR    Conditional approval
 ozone NAAQS.                                        02/2013 and 3/   23178.              for certain aspects
                                                            26/2018                       related to PSD in 2016
                                                                                is fully approved in
                                                                                2019. 10/2/2019
                                                                                [Insert Federal
                                                                                Register citation].
                                                                                Infrastructure SIP
                                                                                approved except for
                                                                                element (H) which was
                                                                                disapproved. See
                                                                                52.2077.
Infrastructure SIP for the 2008  Statewide.........   Submitted 10/  4/20/2016, 81 FR    Conditional approval
 lead NAAQS.                                         26/2011 and 3/   23178.              for certain aspects
                                                            26/2018                       related to PSD in 2016
                                                                                is fully approved in
                                                                                2019. 10/2/2019
                                                                                [Insert Federal
                                                                                Register citation].
                                                                                Infrastructure SIP
                                                                                approved except for
                                                                                element (H) which was
                                                                                disapproved. See
                                                                                52.2077.
Infrastructure SIP for the 2010  Statewide.........  Submitted 1/2/  4/20/2016, 81 FR    Conditional approval
 NO2 NAAQS.                                          2013 and 3/26/   23178.              for certain aspects
                                                               2018                       related to PSD in 2016
                                                                                is fully approved in
                                                                                2019. 10/2/2019
                                                                                Federal Register
                                                                                citation].
                                                                                Infrastructure SIP
                                                                                approved except for
                                                                                element (H) which was
                                                                                disapproved. See
                                                                                52.2077.
Infrastructure SIP for the 1997  Statewide.........  Submitted 9/10/ 4/20/2016, 81 FR    Conditional approval
 PM2.5 NAAQS.                                        2008 and 3/26/   23178.              for certain aspects
                                                               2018                       related to PSD in 2016
                                                                                is fully approved in
                                                                                2019. 10/2/2019
                                                                                [Insert Federal
                                                                                Register citation].
                                                                                Infrastructure SIP
                                                                                approved except for
                                                                                element (H) which was
                                                                                disapproved. See
                                                                                52.2077.
Infrastructure SIP for the 2006  Statewide.........  Submitted 11/6/ 4/20/2016, 81 FR    Conditional approval
 PM2.5 NAAQS.                                        2009 and 3/26/   23178.              for certain aspects
                                                               2018                       related to PSD in 2016
                                                                                is fully approved in
                                                                                2019. 10/2/2019
                                                                                [Insert Federal
                                                                                Register citation].
                                                                                Infrastructure SIP
                                                                                approved except for
                                                                                element (H) which was
                                                                                disapproved. See
                                                                                52.2077.
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Sec.  52.2077  [Amended]

0
3. Section 52.2077 is amended by removing and reserving paragraph (a).

[FR Doc. 2019-20870 Filed 10-1-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 107 (Tuesday, June 4, 2019)]
[Proposed Rules]
[Pages 25721-25723]
[FR Doc No: 2019-11604]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 84, No. 107 / Tuesday, June 4, 2019 /
Proposed Rules

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0371]
RIN 1625-AA00

Safety Zone; City of North Charleston Fireworks, North
Charleston, SC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a temporary safety zone
for certain navigable waters of the Cooper River in North Charleston,
SC. This action is necessary to provide for the safety of the general
public, spectators, vessels, and the marine environment from potential
hazards during a fireworks display. This proposed rulemaking would
prohibit persons and vessels from entering, transiting through,
anchoring in, or remaining within the safety zone unless authorized by
the Captain of the Port Charleston (COTP) or a designated
representative. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before June 19, 2019.

ADDRESSES: You may submit comments identified by docket number USCG-
2019-0371 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant Justin Heck, Sector
Charleston Office of Waterways Management, Coast Guard; telephone (843)
740-3184, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code
COTP Captain of the Port

II. Background, Purpose, and Legal Basis

    On April 23, 2019, the City of North Charleston notified the Coast
Guard that it will be conducting a fireworks display from 9 p.m. to 10
p.m. on July 4, 2019. The fireworks are to be launched from a barge
along the bank of the Cooper River at River Front Park in North
Charleston, SC. Hazards from firework displays include accidental
discharge of fireworks, dangerous projectiles, and falling hot embers
or other debris. The Captain of the Port Charleston (COTP) has
determined that potential hazards associated with the fireworks to be
used in this display would be a safety concern for anyone within a 500-
yard radius of the barge.
    The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within a 500-yard radius of the fireworks
barge before, during, and after the scheduled event. The Coast Guard
proposes this rulemaking under authority in 46 U.S.C. 70034.

III. Discussion of Proposed Rule

    The COTP proposes to establish a temporary safety zone from 8:45
p.m. to 10:15 p.m. on July 4, 2019. The safety zone would cover all
navigable waters within 500 yards of the fireworks barge located at
River Front Park on the Cooper River in North Charleston, SC. The
duration of the zone is intended to ensure the safety of vessels and
these navigable waters before, during, and after the scheduled 9 p.m.
to 10 p.m. fireworks display. No vessel or person would be permitted to
enter, transit through, anchor in, or remain within the safety zone
without obtaining permission from the COTP or a designated
representative. The Coast Guard will provide notice of the safety zone
by Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives. The proposed regulatory text appears at the
end of this document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on 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 NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    The economic impact of this rule is not significant for the
following reasons: (1) The safety zone will only be enforced for an
hour and a half; (2) although persons and vessels may not enter,
transit through, anchor in, or remain within the safety zone without
authorization from the Captain of the Port Charleston or a designated
representative, they may operate in the surrounding area during the
enforcement period; and (3) the Coast Guard will provide advance
notification of the safety zone to the local maritime community by
Local Notice to Mariners and Broadcast Notice to Mariners.

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
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    While some owners or operators of vessels intending to transit the
safety

zone may be small entities, for the reasons stated in section IV.A.
above, this proposed rule would not have a significant economic impact
on any owner or operator.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.

C. Collection of Information

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Environmental Planning
COMDTINST 5090.1 (series), which guide the Coast Guard in complying
with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-
4370f), and have made a preliminary determination that this action is
one of a category of actions that do not individually or cumulatively
have a significant effect on the human environment. This proposed rule
involves a temporary safety zone lasting an hour and a half that would
prohibit entry within 500 yards of a barge from which fireworks will be
launched. Normally such actions are categorically excluded from further
review under paragraph L60(a) in Table 3-1 of U.S. Coast Guard
Environmental Planning Implementing Procedures 5090.1. A preliminary
Record of Environmental Consideration supporting this determination is
available in the docket where indicated under ADDRESSES. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this proposed rule.

G. Protest Activities

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

V. Public Participation and Request for Comments

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

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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.T07-0371 to read as follows:

Sec.  165.T07-0371  Safety Zone; City of North Charleston Fireworks,
North Charleston, SC.

    (a) Location. This rule establishes a safety zone on all waters
within a 500-yard radius of the barge, from which fireworks will be
launched on the bank of the Cooper River at River Front Park in North
Charleston, SC.
    (b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local

officers designated by or assisting the Captain of the Port Charleston
in the enforcement of the regulated areas.
    (c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area unless authorized by the Captain of the Port Charleston
or a designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the Captain of the
Port Charleston by telephone at<PHONE_NUMBER>, or a designated
representative via VHF radio on channel 16, to request authorization.
If authorization to enter, transit through, anchor in, or remain within
the regulated area is granted by the Captain of the Port Charleston or
a designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Charleston or a designated representative.
    (3) The Coast Guard will provide notice of the regulated area by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
    (d) Enforcement Period. This rule will be enforced on July 4, 2019
from 8:45 p.m. until 10:15 p.m.

    Dated: May 29, 2019.
J.W. Reed,
Captain, U.S. Coast Guard, Captain of the Port, Charleston.
[FR Doc. 2019-11604 Filed 6-3-19; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 80, Number 249 (Tuesday, December 29, 2015)]
[Notices]
[Pages 81390-81393]
[FR Doc No: 2015-32648]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76732; File No. SR-BOX-2015-38]

Self-Regulatory Organizations; BOX Options Exchange LLC; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change To
Amend BOX Rule 2020 (Participant Eligibility and Registration) To
Replace the Limited Representative--Proprietary Trader and Limited
Principal--Proprietary Trader Registration Categories and Establish the
Securities Trader and Securities Trader Principal Registration
Categories

December 22, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on December 14, 2015, BOX Options Exchange LLC (the ``Exchange'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III below, of
which Items I and II have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend BOX Rule 2020 (Participant
Eligibility and Registration) to replace the Limited

Representative--Proprietary Trader and Limited Principal--Proprietary
Trader registration categories and establish the Securities Trader and
Securities Trader Principal registration categories. The text of the
proposed rule change is available from the principal office of the
Exchange, at the Commission's Public Reference Room and also on the
Exchange's Internet Web site at http://boxexchange.com.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of these statements may be examined at
the places specified in Item IV below. The self-regulatory organization
has prepared summaries, set forth in Sections A, B, and C below, of the
most significant aspects of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend BOX Rule 2020 (Participant
Eligibility and Registration) to replace the Limited Representative--
Proprietary Trader and Limited Principal--Proprietary Trader
registration categories and establish the Securities Trader and
Securities Trader Principal registration categories. The Exchange is
also amending its rules to establish the Series 57 examination as the
appropriate qualification examination for Securities Traders and
eliminating the reference to the S501 continuing education program
currently applicable to Proprietary Traders.\3\ This filing is, in all
material respects, based upon SR-FINRA-2015-017, which was recently
approved by the Securities and Exchange Commission (``SEC'' or
``Commission'').\4\
---------------------------------------------------------------------------

    \3\ Currently, in order to supervise, representatives must first
pass the appropriate underlying qualification examination which is
either the Series 7 qualification examination which would allow a
representative to register as a General Securities Representative on
BOX or the Series 56 qualification examination which would allow a
representative to register as a Limited Representative--Proprietary
Trader on BOX. In addition to passing the Series 7 or Series 56,
representatives must also pass the Series 24 qualification
examination and register as a General Securities Principal if they
are registered as a General Securities Representative or as a
Limited Principal--Proprietary Trader if they are registered as a
Limited Representative--Proprietary Trader. After January 4, 2016,
the Series 57 qualification examination would replace the Series 56
qualification examination as the appropriate underlying
qualification examination for a representative to take prior to
taking the Series 24 qualification examination so that the
Representative may supervise proprietary trading on BOX.
Representatives would then register as a [sic] Securities Trader
Principal in order to supervise proprietary trading on BOX.
    \4\ See Securities Exchange Act Release No. 75783 (August 28,
2015), 80 FR 41119 (July 14, 2015) [sic] (Order Approving a Proposed
Rule Change to Establish the Securities Trader and Securities Trader
Principal Registration Categories) (SR-FINRA-2015-017).
---------------------------------------------------------------------------

a. Securities Trader Registration Category
    BOX currently uses the Series 56 qualification examination for the
Limited Representative--Proprietary Trader registration category
referenced in BOX Rule 2020(b)(2).\5\ However, BOX allows
representatives who have passed the Series 7 qualification examination
and who are registered as a [sic] General Securities Representative on
BOX to conduct proprietary trading without having to take the Series 56
qualification examination and register as a Limited Representative--
Proprietary Trader. For representatives who are new to the industry or
have not yet taken a qualification examination, BOX requires the
representatives engaged in proprietary trading to take a qualification
examination, either the Series 7 or the Series 56, and then register as
a General Securities Representative or a Proprietary Trader on BOX.
After the implementation of the Series 57 examination on or after
January 4, 2016, BOX will no longer allow representatives with a
General Securities Representative registration to engage in proprietary
trading on BOX.\6\ Representatives who are not grandfathered prior to
the implementation of the Series 57 qualification examination or who
are new to the industry after implementation of the Series 57; [sic]
and are engaged in proprietary trading will be required to take the
Series 57 qualification examination and register as a Securities Trader
on BOX.
---------------------------------------------------------------------------

    \5\ See BOX Rule 2020(b)(2).
    \6\ BOX will grandfather in anyone registered with Limited
Representative--Proprietary Trader registration prior to January 4,
2016 with the new Securities Trader registration category in FINRA's
Central Registration Depository (``Web CRD'') System.
---------------------------------------------------------------------------

    BOX notes that the proposed rule change does not impose any
additional examination burdens on persons who are already registered on
BOX. A person registered as a Limited Representative--Proprietary
Trader and Limited Principal--Proprietary Trader on the effective date
of the proposed rule change will be grandfathered in as a Securities
Trader or Securities Trader Principal, respectively, without having to
take additional examinations or any other actions. In addition,
individuals who were registered as either a Limited Representative--
Proprietary Trader or Limited Principal--Proprietary Trader prior to
the effective date of the proposed rule change will be eligible to
register as a Securities Trader or Securities Trader Principal without
having to take any additional examinations, provided no more than two
years have passed between the date they were last registered as a
representative and the date they register as a Securities Trader or
Securities Trader Principal.
    On January 22, 2015, FINRA entered into a Termination Agreement
with the national securities exchanges that set forth the terms and
conditions that will govern the winding down of the Series 56
examination in advance of its replacement by the Series 57 examination
and the integration of the S501 Program into the S101 Regulatory
Element Continuing Education Program. The Series 57 qualification
examination will be recognized by FINRA and the other national
securities exchanges on January 4, 2016.
    FINRA has developed the Series 57 qualification examination and has
filed the qualification examination with the Commission as part of a
separate proposed rule change.\7\ According to FINRA, while the Series
57 examination will include the core knowledge portion of the Series 7
examination, the Series 57 examination will also be based on the
current job functions of securities traders and include elements of the
Series 55 and Series 56 examination programs. In addition, FINRA has
filed a separate proposed rule change to establish the fee for the
Series 57 examination.\8\
---------------------------------------------------------------------------

    \7\ See Securities Exchange Act Release No. 76188 (October 19,
2015), 80 FR 64456 (October 23, 2015) (SR-FINRA-2015-042).
    \8\ See Securities Exchange Act Release No. 76391 (November 9,
2015), 80 FR 70862 (November 16, 2015) (SR-FINRA-2015-044). BOX will
also file a separate rule filing in December 2015 to amend Section
VI (Regulatory Fees) of its Fee Schedule to remove Part C
(Registration and Continuing Education Fees) associated with Series
56 qualification examination and the S501 continuing education.
---------------------------------------------------------------------------

b. Securities Trader Principal Registration Category
    BOX current registration rules require a person seeking to register
as a Limited Principal--Proprietary Trader to have passed the
underlying qualification examination Series 56 and be registered
pursuant to Exchange Rules as a Limited Representative--Proprietary
Trader, and

have passed the Series 24 qualification examination.\9\ BOX proposes to
amend its rule text to replace Limited Principal--Proprietary Trader
registration category with a Securities Trader Principal registration
category in addition to replacing the Series 56 underlying
qualification examination with the Series 57 underlying qualification
examination. The Exchange also proposes to add a statement to clarify
that a person registered as a General Securities Principal under
2020(c)(1) above shall not be qualified to function in a Principal
capacity with responsibility over any area of business activity
described in Rule 2020(c)(2).
---------------------------------------------------------------------------

    \9\ See BOX Rule 2020(c)(2)(i)(A-C).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Securities Exchange Act of 1934
(the ``Act''),\10\ in general, and Section 6(b)(5) of the Act,\11\ in
particular, in that it is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in facilitating transactions in securities, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and, in general to protect investors and the
public interest. In particular, BOX believes that the proposed rule
change will streamline, and bring consistency and uniformity to, the
qualification and registration requirements for individuals engaged in
securities trading activities across different markets and for
principals responsible for supervising such activities, which will, in
turn, improve registration and compliance efforts.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    BOX does not believe that the proposed rule change will impose any
burden on competition not necessary or appropriate in furtherance of
the purposes of the Act.
    BOX's proposed rule change to replace the Limited Representative--
Proprietary Trader registration category and qualification examination
Series 56 with the Securities Trader registration category and Series
57 qualification examination will reduce the burden on associated
persons currently required to be registered as proprietary traders by
harmonizing the registration requirements for representatives engaged
in securities trading activities across different markets. Under the
proposed rule change, associated persons would be eligible to engage in
securities trading activities by registering as Securities Traders and
passing a single comprehensive Securities Trader qualification
examination which is consistent with the other national securities
exchanges.
    BOX believes that the proposed rule change relating to Securities
Trader Principals will harmonize the registration and qualification
requirements for principals that supervise securities trading
activities across different markets.
    Further, the proposed rule change does not impose any additional
examination burdens on persons who are already registered. There is no
obligation to take the proposed Series 57 examination in order to
continue in their present duties, so the proposed rule change is not
expected to disadvantage current registered persons relative to new
entrants in this regard.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    The Exchange has neither solicited nor received comments on the
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    (a) This proposed rule change is filed pursuant to paragraph (A) of
section 19(b)(3) of the Exchange Act \12\ and Rule 19b-4(f)(6)
thereunder.\13\
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    (b) This proposed rule change does not significantly affect the
protection of investors or the public interest, does not impose any
significant burden on competition, and, by its terms, does not become
operative for 30 days after the date of the filing, or such shorter
time as the Commission may designate if consistent with the protection
of investors and the public interest. The Exchange has requested that
the Commission waive the 30-day operative delay period for ``non-
controversial'' proposals and make the proposed rule change effective
and operative upon filing \14\ because the proposal is related to the
industry wide replacement of the proprietary trader registration
categories and Series 56 qualification examination with the Securities
Trader registration category and Series 57 qualification examination,
which will become effective on January 4, 2015 [sic].
---------------------------------------------------------------------------

    \14\ As required under Rule 19b-4(f)(6)(iii), the Exchange
provided the Commission with written notice of its intent to file
the proposed rule change along with a brief description and the text
of the proposed rule change, at least five business days prior to
the date of filing of the proposed rule change, or such shorter time
as designated by the Commission.
---------------------------------------------------------------------------

    The Commission believes that waiving the thirty-day operative delay
is consistent with the protection of investors and the public interest,
because waiving the operative delay will enable BOX to have
registration and qualification requirements that are consistent with
those of the other national securities exchanges and FINRA. Therefore,
the Commission hereby waives the thirty-day operative delay and
designates the proposal operative as of January 4, 2016.\15\
---------------------------------------------------------------------------

    \15\ For purposes of waiving the 30-day operative delay, the
Commission has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BOX-2015-38 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-BOX-2015-38. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method.
    The Commission will post all comments on the Commission's Internet

Web site (http://www.sec.gov/rules/sro.shtml). Copies of the
submission, all subsequent amendments, all written statements with
respect to the proposed rule change that are filed with the Commission,
and all written communications relating to the proposed rule change
between the Commission and any person, other than those that may be
withheld from the public in accordance with the provisions of 5 U.S.C.
552, will be available for Web site viewing and printing in the
Commission's Public Reference Room, on official business days between
the hours of 10:00 a.m. and 3:00 p.m., located at 100 F Street NE.,
Washington, DC 20549. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly.
    All submissions should refer to File Number SR-BOX-2015-38 and
should be submitted on or before January 19, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
 Brent J. Fields,
Secretary.
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

[FR Doc. 2015-32648 Filed 12-28-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 51 (Friday, March 17, 2017)]
[Rules and Regulations]
[Page 14149]
[FR Doc No: 2017-05418]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2017-0132]
RIN 1625-AA00

Safety Zone; Annual Events Requiring Safety Zones in the Captain
of the Port Lake Michigan Zone--St. Patrick's Day Fireworks

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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

SUMMARY: The Coast Guard will enforce the safety zone on the Manitowoc
River in Manitowoc, WI for the St. Patrick's Day Fireworks on March 17,
2017. This action is necessary and intended to ensure safety of life on
navigable waters immediately prior to, during, and after the fireworks
display. During the aforementioned period, the Coast Guard will enforce
restrictions upon, and control movement of, vessels in the safety zone.
No person or vessel may enter the safety zone while it is being
enforced without permission of the Captain of the Port Lake Michigan or
a designated representative.

DATES: The regulations in 33 CFR 165.929 will be enforced for safety
zone (a)(1), Table 165.929, from 6:15 p.m. until 7:15 p.m. on March 17,
2017.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
document, call or email marine event coordinator, Prevention
Department, Coast Guard Sector Lake Michigan, Milwaukee, WI at (414)
747-7148, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the St.
Patrick's Day Fireworks safety zone listed as item (a)(1) in Table
165.929 of 33 CFR 165.929. Section 165.929 lists many annual events
requiring safety zones in the Captain of the Port Lake Michigan zone.
This safety zone will encompass all waters of the Manitowoc River
within the arc of a circle with a 250-foot radius from a center point
launch position at 44[deg]05.492' N., 087[deg]39.332' W. (NAD 83). As
specified in 33 CFR 165.929, all vessels must obtain permission from
the Captain of the Port Lake Michigan or a designated representative to
enter, move within, or exit the safety zone when it is enforced.
Vessels and persons granted permission to enter the safety zone must
obey all lawful orders or directions of the Captain of the Port Lake
Michigan or a designated representative.
    This document is issued under authority of 33 CFR 165.929, Safety
Zones; Annual events requiring safety zones in the Captain of the Port
Lake Michigan zone, and 5 U.S.C. 552(a). In addition to this
publication in the Federal Register, the Coast Guard plans to provide
the maritime community with advance notification for the enforcement of
this zone via Broadcast Notice to Mariners or Local Notice to Mariners.
The Captain of the Port Lake Michigan or a representative may be
contacted via Channel 16, VHF-FM.

    Dated: March 10, 2017.
A.B. Cocanour,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2017-05418 Filed 3-16-17; 8:45 am]
BILLING CODE 9110-04-P


Comment Info: =================

General Comment:Please attach these documents to Docket # PHMSA-2005-23256.


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on June 23, 2003

NOTICE OF ACTION TAKEN -- DOCKET OST 2003-15477

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant:  VOLGA-DNEPR J.S. CARGO AIRLINE
                       Date Filed:  June 20, 2003

Relief requested:  Exemption from 49 U.S.C. section 40109(g) to permit
the applicant to operate one, one-way cargo charter flight from
Richmond, VA, to Bakersfield, CA, on or about June 25, 2003, using its
AN-124 aircraft to transport a generator rotor attached to a rotor
trailer, on behalf of PG&E National Energy Group.  The applicant stated
that PG&E needs urgent delivery of the equipment in order promptly to
restore and return to service a generation unit for providing power to
the California energy market, that the cargo is too large for
transportation on U.S.-carrier aircraft; and that surface transportation
is not feasible because of the large size and heavy weight of the cargo.

Applicant representative:  Glenn P. Wicks,<PHONE_NUMBER>         DOT
analyst:  Allen F. Brown,<PHONE_NUMBER>

Responsive pleadings:  Volga-Dnepr served its application on those U.S.
carriers operating large all-cargo aircraft.  Each carrier indicated
that it did not have aircraft available to conduct the proposed
operations and that it had no comment or did not oppose grant of the
requested authority.

Statutory Standards:  Under 49 U.S.C. section 40109(g), we may authorize
a foreign air carrier to carry commercial traffic between U.S. points
(i.e., cabotage traffic) under limited circumstances.  Specifically, we
must find that the authority is required in the public interest; that
because of an emergency created by unusual circumstances not arising in
the normal course of business the traffic cannot be accommodated by U.S.
carriers holding certificates under 49 U.S.C. section 41102; that all
possible efforts have been made to place the traffic on U.S. carriers;
and that the transportation is necessary to avoid unreasonable hardship
to the traffic involved (an additional required finding, concerning
emergency transportation during labor disputes, was not relevant here).
For examples of earlier grants of authority of this type, see, i.e.,
Order 2001-5-23.

        DISPOSITION

Action: Approved
                                               Action date:  June 23,
2003

Effective dates of authority granted:  June 23, 2003, through June 27,
2003

Basis for approval:  We are granting Volga-Dnepr’s request to operate
its proposed flight from Richmond to Bakersfield, during the period June
23-27, 2003.  We found that its request met all the relevant criteria of
49 U.S.C. section 40109(g) for the grant of an exemption of this type
and that the grant was required in the public interest.  Specifically,
we were persuaded that the need to move the cargo promptly in order to
meet the urgent power-restoration schedule, the fact that the cargo
could not be transported by surface transportation because of its large
size and heavy weight, the potential negative impact of delivery delay;
and the unique, outsized nature of the cargo, constituted an emergency
not arising in the normal course of business.  Moreover, based on the
representations of the U.S. carriers, we concluded that no U.S. carrier
had aircraft available that could be used to conduct the operation at
issue here.  We also found that grant of this authority would prevent
unreasonable hardship to PG&E Nationnal Energy Group.  Finally, we found
that the applicant was qualified to perform its proposed operation (see,
e.g., Notice of Action Taken dated August 26, 2002, in Docket
OST-96-1454).

Except to the extent exempted/waived, this authority is subject to our
standard exemption conditions and to the condition that the applicant
must comply with an FAA-approved flight routing for the authorized
operation.

Action taken by:      Read C. Van de Water

                                  Assistant Secretary for Aviation

                                     and International Affairs

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp