[Federal Register: October 3, 2006 (Volume 71, Number 191)]
[Notices]
[Page 58390-58393]
[DOCID:fr03oc06-67]

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ENVIRONMENTAL PROTECTION AGENCY

[Docket ID Number EPA-HQ-OECA-2006-0753; FRL-8226-4]

Clean Water Act Class II: Proposed Administrative Settlement,
Penalty Assessment and Opportunity To Comment Regarding Kmart Holding
Corporation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has entered into a consent agreement with Kmart Holding
Corporation (``Kmart'' or ``Respondent'') to resolve violations of the
Clean Water Act (``CWA''), the Emergency Planning and Community Right-
to-Know Act (``EPCRA''), and the Resource Conservation and Recovery Act
(``RCRA'') and their implementing regulations.
    The Administrator is hereby providing public notice of this consent
agreement and proposed final order, and providing an opportunity for
interested persons to comment on the CWA, EPCRA, and RCRA portions of
this consent agreement, in accordance with CWA section 311(b)(6)(C).

DATES: Comments are due on or before November 2, 2006.

ADDRESSES: Comments may be submitted electronically, by mail, or
through hand delivery/courier. Follow the detailed instructions as
provided in Section I.B of the SUPPLEMENTARY INFORMATION section.

FOR FURTHER INFORMATION CONTACT: Beth Cavalier, Special Litigation and
Projects Division (2248-A), U.S. Environmental Protection Agency, 1200
Pennsylvania Avenue, NW., Washington, DC 20460; telephone (202) 564-
3271; fax:<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. How Can I Get Copies of This Document and Other Related Information?

    1. Docket. EPA has established an official public docket for this
action under Docket ID No. EPA-HQ-OECA-2006-0753.
    The official public docket consists of the Consent Agreement,
proposed Final Order, and any public comments received. Although a part
of the official docket, the public docket does not include Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. The official public docket is the collection of
materials that is available for public viewing at the Enforcement and
Compliance Docket Information Center (ECDIC) in the EPA Docket Center,
(EPA/DC) EPA West, Room B102, 1301 Constitution Ave., NW., Washington,
DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Public Reading Room is<PHONE_NUMBER>, and the
telephone number for the ECDIC is<PHONE_NUMBER>. A reasonable fee may
be charged by EPA for copying docket materials.
    2. Electronic Access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr/.

    An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public

comments, access the index listing of the contents of the official
public docket, and to access those documents in the public docket that
are available electronically. Once in the system, select ``search,''
then key in the appropriate docket identification number.
    Certain types of information will not be placed in the EPA Dockets.
Information claimed as CBI and other information whose disclosure is
restricted by statute, which is not included in the official public
docket, will not be available for public viewing in EPA's electronic
public docket. EPA's policy is that copyrighted material will not be
placed in EPA's electronic public docket but will be available only in
printed, paper form in the official public docket. To the extent
feasible, publicly available docket materials will be made available in
EPA's electronic public docket. When a document is selected from the
index list in EPA Dockets, the system will identify whether the
document is available for viewing in EPA's electronic public docket.
Although not all docket materials may be available electronically, you
may still access any of the publicly available docket materials through
the docket facility identified in Section I.A.1.
    For public commentors, it is important to note that EPA's policy is
that public comments, whether

submitted electronically or in paper, will be made available for public
viewing in EPA's electronic public docket as EPA receives them and
without change, unless the comment contains copyrighted material, CBI,
or other information whose disclosure is restricted by statute. When
EPA identifies a comment containing copyrighted material, EPA will
provide a reference to that material in the version of the comment that
is placed in EPA's electronic public docket. The entire printed
comment, including the copyrighted material, will be available in the
public docket.
    Public comments submitted on computer disks that are mailed or
delivered to the docket will be transferred to EPA's electronic public
docket. Public comments that are mailed or delivered to the Docket will
be scanned and placed in EPA's electronic public docket. Where
practical, physical objects will be photographed, and the photograph
will be placed in EPA's electronic public docket along with a brief
description written by the docket staff.

B. How and To Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate docket identification number in the subject line on the
first page of your comment. Please ensure that your comments are
submitted within the specified comment period. Comments received after
the close of the comment period will be marked ``late.'' EPA is not
required to consider these late comments.
    1. Electronically. If you submit an electronic comment as
prescribed below, EPA recommends that you include your name, mailing
address, and an e-mail address or other contact information in the body
of your comment. Also include this contact information on the outside
of any disk or CD ROM you submit, and in any cover letter accompanying
the disk or CD ROM. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. EPA's policy is that EPA
will not edit your comment, and any identifying or contact information
provided in the body of a comment will be included as part of the
comment that is placed in the official public docket, and made
available in EPA's electronic public docket. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment.
    i. EPA Dockets. Your use of EPA's electronic public docket to
submit comments to EPA electronically is EPA's preferred method for
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket
, and follow the online instructions for submitting comments.

Once in the system, select ``search,'' and then key in Docket ID No.
EPA-HQ-OECA-2006-0753. The system is an ``anonymous access'' system,
which means EPA will not know your identity, e-mail address, or other
contact information unless you provide it in the body of your comment.
    ii. E-mail. Comments may be sent by electronic mail (e-mail) to
<EMAIL_ADDRESS>Attention Docket ID No. EPA-HQ-OECA-2006-0753. In

contrast to EPA's electronic public docket, EPA's e-mail system is not
an ``anonymous access'' system. If you send an e-mail comment directly
to the Docket without going through EPA's electronic public docket,
EPA's e-mail system automatically captures your e-mail address. E-mail
addresses that are automatically captured by EPA's e-mail system are
included as part of the comment that is placed in the official public
docket, and made available in EPA's electronic public docket.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM
that you mail to the mailing address identified in Section I.A.1. These
electronic submissions will be accepted in WordPerfect or ASCII file
format. Avoid the use of special characters and any form of encryption.
    2. By Mail. Send your comments to: Enforcement and Compliance
Docket Information Center, Environmental Protection Agency, Mailcode:
2201T, 1200 Pennsylvania Ave., NW., Washington, DC, 20460, Attention
Docket ID No. EPA-HQ-OECA-2006-0753.
    3. By Hand Delivery or Courier. Deliver your comments to the
address provided in Section I.A.1., Attention Docket ID No. EPA-HQ-
OECA-2006-0753. Such deliveries are only accepted during the Docket's
normal hours of operation as identified in Section I.A.1.

C. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be CBI
electronically through EPA's electronic public docket or by e-mail. You
may claim information that you submit to EPA as CBI by marking any part
or all of that information as CBI (if you submit CBI on disk or CD ROM,
mark the outside of the disk or CD ROM as CBI and then identify
electronically within the disk or CD ROM the specific information that
is CBI). Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2.
    In addition to one complete version of the comment that includes
any information claimed as CBI, a copy of the comment that does not
contain the information claimed as CBI must be submitted for inclusion
in the public docket and EPA's electronic public docket. If you submit
the copy that does not contain CBI on disk or CD ROM, mark the outside
of the disk or CD ROM clearly that it does not contain CBI. Information
not marked as CBI will be included in the public docket and EPA's
electronic public docket without prior notice. If you have any
questions about CBI or the procedures for claiming CBI, please consult
the person identified in the FOR FURTHER INFORMATION CONTACTsection.

II. Background

    Kmart Holding Corporation, doing business as Kmart Corporation,
(``Respondent'') is owned by Sears Holding Corporation, a retail
company located at 3333 Beverly Road, Hoffman Estates, Illinois 60179,
and is incorporated in the state of Delaware. Kmart disclosed, pursuant
to the EPA ``Incentives for Self-Policing: Discovery, Disclosures,
Correction and Prevention of Violations'' (``Audit Policy''), 65 FR
19618 (April 11, 2000), violations of the Clean Water Act (``CWA''),
the Emergency Planning and Community Right-to-Know Act (``EPCRA''), and
the Resource Conservation and Recovery Act (``RCRA'') and their
implementing regulations.
    Specifically, Kmart (``Respondent'') disclosed that it failed to
prepare and implement an SPCC plan for the following facilities:
Canton, MI, Chambersburg, PA, Denver/Brighton, CO, Greensboro, NC,
Lawrence, KS, Manteno, IL, Morrisville/Fairless Hills, PA, Newnan, GA,
Ocala, FL, Ontario, CA, Shakopee, MN, Sparks, NV, and Warren, OH, and,
in addition, failed to install adequate secondary containment at its
Denver/Brighton, CO and Morrisville/Fairless, PA facilities in
violation of the CWA section 311(j) and 40 CFR part 112. EPA, as
authorized by CWA section 311(b)(6), 33 U.S.C. 1321(b)(6), has assessed
a civil penalty for these violations.
    Respondent further disclosed that it had failed to comply with:(1)
CWA section 402(p), 33 U.S.C. 1342(p), and the regulations found at 40
CFR 122.26 when it failed to obtain a stormwater

permit and/or prepare a stormwater pollution prevention plan at the
Billerica, MA, Canton, MI, Chambersburg, PA, Denver/Brighton, CO,
Groveport, CA, Greensboro, NC, Manteno, IL, Newnan, GA, Ontario, CA,
Shakopee, MN, Sparks, NV, Warren, OH, and Forest Park, GA facilities;
    (2) CWA section 402(a), 33 U.S.C. 1342(a) and the implementing
regulations found at 40 CFR 122.26 when it failed to obtain an NPDES
permit at its Denver/Brighton, CO and Lawrence, KS facilities;
    (3) CWA section 402(a), 33 U.S.C. 1342(a) and the implementing
regulations found at 40 CFR 122.41 and 122.48 when it failed to comply
with monitoring requirements and exceeded its permit limits at its
Warren, OH facility;
    (4) CWA section 402(a), 33 U.S.C. 1342(a) and the implementing
regulations found at 40 CFR 403.5 and 403.12 when it failed to analyze
effluent discharge and failed to obtain or renew its discharge permit
at its Manteno, IL facility; and
    (5) CWA section 402(p), 33 U.S.C. 1342(p) and the regulations found
at 40 CFR 122.26 and 122.28 when it failed to conduct stormwater
monitoring and failed to file a Discharge Monitoring Report at its
Greensboro, NC facility. EPA, as authorized by CWA section 309(b), 33
U.S.C. 1319, has assessed a civil penalty for these violations.
    Respondent disclosed that it had failed to comply with EPCRA
section 302, 42 U.S.C. 11002, and the regulations found at 40 CFR
355.30, when it failed to notify the State Emergency Response Committee
(``SERC''), and EPCRA section 303, 42 U.S.C. 11003, and the regulations
found at 40 CFR 355.30, when it failed to notify the Local Emergency
Planning Committee (``LEPC'') of the identity of the emergency
coordinator who would participate in the emergency planning process at
the following facilities: Billerica, MA, Canton, MI, Chambersburg, PA,
Denver/Brighton, CO, Forest Park, GA, Greensboro, NC, Groveport, CA,
Lawrence, KS, Manteno, IL, Mira Loma, CA, Morrisville/Fairless Hills,
PA, Newnan, GA, Ocala, FL, Ontario, CA, Shakopee, MN, Sparks, NV, and
Warren, OH. EPA, as authorized by EPCRA section 325, has assessed a
civil penalty for these violations.
    In addition, Respondent disclosed that it had failed to comply with
EPCRA section 311, 42 U.S.C. 11021 and the regulations found at 40 CFR
370.21, when it failed to submit a Material Safety Data Sheet
(``MSDS'') for a hazardous chemical(s) or, in the alternative, a list
of such chemicals, at the following facilities: Billerica, MA, Canton,
MI, Chambersburg, PA, Denver/Brighton, CA, Forest Park, GA, Greensboro,
NC, Groveport, CA, Lawrence, KS, Manteno, IL, Mira Loma, CA,
Morrisville/Fairless Hills, PA, Newnan, GA, Ocala, FL, Ontario, CA,
Shakopee, MN, Sparks, NW and Warren, OH. Respondent disclosed that it
had failed to comply with EPCRA section 312, 42 U.S.C. 11022 and the
regulations found at 40 CFR 370.25, when it failed to prepare and
submit emergency and chemical inventory forms to the LEPC, the SERC and
the fire department with jurisdiction over each facility, at the
Ontario, CA facility. EPA, as authorized by EPCRA section 325, has
assessed a civil penalty for these violations.
    Respondent disclosed that it had failed to comply with RCRA section
3001(d), 42 U.S.C. 6921(d) and the implementing regulations found at 40
CFR 261.5 when it failed to comply with requirements for Conditionally
Exempt Small Quantity Generators at its Denver/Brighton, CO facility.
    Respondent disclosed that it had failed to comply with RCRA section
3002(a), 42 U.S.C. 6922(a), and the implementing regulations listed
below relating to large quantity hazardous waste generators, at the
Billerica, MA facility:
    (1) 40 CFR Part 262 for failure to make hazardous waste
identification;
    (2) 40 CFR 262.12, for failure to obtain an EPA ID number;
    (3) 40 CFR 262.34, for exceeding hazardous waste accumulation
times;
    (4) 40 CFR 262.30-262.33, for failure to properly package and label
wastes;
    (5) 40 CFR 262.40, for failure to maintain proper records;
    (6) 40 CFR Part 265, Subpart C, for failure to meet preparedness
and prevention standards;
    (7) 40 CFR 262.34(d) and 265.16 for failure to provide employee
training regarding hazardous handling and management practices;
    (8) 40 CFR 273.2 and 273.5; for failure to properly manage and
dispose of universal wastes;
    (9) 40 CFR Part 265, Subpart D, for failure to follow emergency
response procedures; Additionally, Respondent disclosed that it had
failed to comply with RCRA section 3004(d), 42 U.S.C. 6924(d) and
implementing regulations found at 40 CFR 268.1 and 40 CFR 268.7 when it
failed to meet land disposal requirements at its Billerica, MA
facility.
    Respondent disclosed that it had failed to comply with RCRA section
3014(a), 42 U.S.C. 6935(a) and the implementing regulations found at 40
CFR 279.22 when it failed to properly label used oil storage drums at
its Canton, MI facility.
    Respondent disclosed that it had failed to comply with RCRA section
3002(a), 42 U.S.C. 6922(a) and the implementing regulations listed
below at its Greensboro, NC facility:
    (1) 40 CFR 265.15, 40 CFR 265.174 and 40 CFR 265.195, for failure
to conduct weekly inspections of hazardous waste storage containers:
    (2) 40 CFR 262.34(d), for failure to designate an emergency
coordinator and failure to post information relating to the emergency
coordinator by the phone; and
    (3) 40 CFR 262.34(d) and 40 CFR 265.16, for failure to provide
hazardous waste handling and management training to employees.
    Respondent disclosed that it had failed to comply with RCRA section
3002(a), 42 U.S.C. 6922(a) and the implementing regulations listed
below at its Lawrence, KS facility:
    (1) 40 CFR 262.34(a) and (c), when it failed to properly label
hazardous waste containers and place accumulation start date on the
label;
    (2) 40 CFR 265.174; 40 CFR 265.15; and 40 CFR 265.195, when it
failed to conduct weekly inspections of hazardous waste storage areas
and containers; and
    (3) 40 CFR 262.34(d), for failure to designate an emergency
coordinator and failure to post information relating to the emergency
coordinator by the phone.
    Respondent disclosed that at its Morrisville/Fairless Hills, PA
facility it had failed to comply with:
    (1) RCRA section 3014(a), 42 U.S.C. 6935(a) and the implementing
regulations found at 40 CFR 279.22, when it failed to properly label
oil storage drums;
    (2) RCRA section 3002(a), 42 U.S.C. 6922(a) and the implementing
regulations found at 40 CFR Part 262, when it failed to comply with all
hazardous waste storage and disposal requirements for large quantity
generators of hazardous waste;
    (3) RCRA section 9003, 42 U.S.C. 6991b and the implementing
regulations found at 40 CFR 280.20; 280.34; and 280.40-41, when it
failed to maintain information concerning construction, leak detection,
or periodic monitoring for emergency generator tank 002A; and
    (4) RCRA section 9002, 42 U.S.C. 6991a and the implementing
regulations found at 40 CFR 280.22, when it failed to maintain a
current underground storage tank (UST) registration certificate.

    Respondent disclosed that it had failed to comply with RCRA section
3002(a), 42 U.S.C. 6922(a) and the implementing regulations listed
below at its Newnan, GA facility:
    (1) 40 CFR 265.15, 40 CFR 265.174 and 40 CFR 265.195 when it failed
to conduct weekly inspections of hazardous waste storage areas and
containers; and
    (2) 40 CFR 262.34(d) for failure to designate an emergency
coordinator and failure to post information relating to the emergency
coordinator by the phone; and
    (3) 40 CFR 262.34(d) and 40 CFR 265.16, for failure to provide
hazardous waste handling and management training to employees.
    Respondent disclosed that it had failed to comply with RCRA section
3002(a), 42 U.S.C. 6922(a) and the implementing regulations listed
below at its Ocala, FL facility:
    (1) 40 CFR 265.15, 40 CFR 265.174 and 40 CFR 265.195, when it
failed to conduct weekly inspections of hazardous waste storage areas
and containers; and
    (2) 40 CFR 262.34(d), for failure to designate an emergency
coordinator and failure to post information relating to the emergency
coordinator by the phone; and
    (3) 40 CFR 262.34(d) and 40 CFR 265.16, for failure to provide
hazardous waste handling and management training to employees.
    Respondent disclosed that it had failed to comply with RCRA section
3014(a), 42 U.S.C. 6935(a) and the implementing regulations found at 40
CFR 279.22, when it failed to properly label oil storage drums at its
Warren, OH facility.
    Respondent disclosed that it had failed to comply with RCRA section
3014(a), 42 U.S.C. 6935(a) and the implementing regulations found at 40
CFR 279.22, when it failed to properly label used oil containers at its
Sparks, NV facility.
    EPA, as authorized by RCRA section 3008(g), 42 U.S.C. 6928(g), has
assessed a civil penalty for these violations.
    EPA determined that Respondent met the criteria set out in the
Audit Policy for a 100% waiver of the gravity component of the penalty
for the EPCRA violations, and for certain CWA and RCRA violations. For
those violations meeting the audit policy, EPA waived the gravity based
penalty of $1,608,382 and proposed a settlement penalty amount of
$21,967. This is the amount of the economic benefit gained by
Respondent, attributable to its delayed compliance with the CWA, RCRA,
and EPCRA regulations. Of this amount, $8,260 is attributable to the
CWA-SPCC violations; $7,117 is attributable to the CWA violations;
$6,400 is attributable to the RCRA violations; and $190 is attributable
to the EPCRA violations.
    However, Respondent failed to satisfy some of the conditions set
forth in the Audit Policy for certain CWA and RCRA violations and was
assessed an appropriate and fair civil penalty of $80,455 ($78,625 in
gravity-based penalties and $1,830 in economic benefit) to settle those
violations.
    The total civil penalty assessed for settlement purposes is one
hundred and two thousand four hundred and twenty-two dollars
($102,422). Respondent has agreed to pay this amount. EPA and
Respondent negotiated and reached an administrative consent agreement,
following the Consolidated Rules of Practice, 40 CFR 22.13(b), on
August 18, 2006 (In Re: Kmart Holding Corp. Docket Nos. CWA-HQ-2006-
6001, RCRA-HQ-2006-6001, EPCRA-HQ-2006-6001). This consent agreement is
subject to public notice and comment under CWA section 311(b)(6), 33
U.S.C. 1321(b)(6).
    Under CWA section 311(b)(6)(A), 33 U.S.C. 1321(b)(6)(A), any owner,
operator, or person in charge of a vessel, onshore facility, or
offshore facility from which oil is discharged in violation of the CWA
section 311(b)(3), 33 U.S.C. 1321(b)(3), or who fails or refuses to
comply with any regulations that have been issued under CWA section
311(j), 33 U.S.C. 1321(j), may be assessed an administrative civil
penalty of up to $157,500 by EPA. Class II proceedings under CWA
section 311(b)(6) are conducted in accordance with 40 CFR Part 22.
    Under EPCRA section 325, the Administrator may issue an
administrative order assessing a civil penalty against any person who
has violated applicable emergency planning or right to know
requirements, or any other requirement of EPCRA. Proceedings under
EPCRA section 325 are conducted in accordance with 40 CFR part 22.
    The procedures by which the public may comment on a proposed Class
II penalty order, or participate in a CWA II penalty proceeding, are
set forth in 40 CFR 22.45. The deadline for submitting public comment
on this proposed final order is November 2, 2006. All comments will be
transferred to the Environmental Appeals Board (``EAB'') of EPA for
consideration. The powers and duties of the EAB are outlined in 40 CFR
22.4(a).
    Pursuant to CWA section 311(b)(6)(C), EPA will not issue an order
in this proceeding prior to the close of the public comment period.

    Dated: September 19, 2006.
Robert A. Kaplan,
Director, Special Litigation and Projects Division, Office of
Enforcement and Compliance Assurance.
[FR Doc. E6-16293 Filed 10-2-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 71 (Wednesday, April 13, 2016)]
[Notices]
[Pages 21860-21861]
[FR Doc No: 2016-08416]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP16-819-000.
    Applicants: Rockies Express Pipeline LLC.
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    \5\ The estimates for cost per response are derived using the
2015 FERC average salary plus benefits of $149,489/year (or $72.00/
hour). Commission staff finds that the work done for this
information collection is typically done by wage categories similar
to those at FERC.
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    Description: Sec.  4(d) Rate Filing: Neg Rate 2016-04-02 CP to be
effective 4/2/2016.
    Filed Date: 4/4/16.
    Accession Number: 20160404-5144.
    Comments Due: 5 p.m. ET 4/18/16.

    Docket Numbers: RP16-820-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: Sec.  4(d) Rate Filing: 04/04/16 Negotiated Rates--
Consolidated Edison Energy Inc. (HUB) 2275-89 to be effective 4/3/2016.
    Filed Date: 4/4/16.
    Accession Number: 20160404-5213.
    Comments Due: 5 p.m. ET 4/18/16.

    Docket Numbers: RP16-821-000.
    Applicants: Equitrans, L.P.
    Description: Sec.  4(d) Rate Filing: Assignment of PDC Mountaineer
Agreements to Mountaineer Keystone to be effective 4/1/2016.
    Filed Date: 4/5/16.
    Accession Number: 20160405-5055.
    Comments Due: 5 p.m. ET 4/18/16.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and Sec.  385.214) on or
before 5:00 p.m. Eastern time on the specified comment date. Protests
may be considered, but intervention is necessary to become a party to
the proceeding.

Filings in Existing Proceedings

    Docket Numbers: RP16-451-001.

    Applicants: Golden Pass Pipeline LLC.
    Description: Compliance filing Revised Tariff Records per 03/29/
2016 Order Re: Orders 587-W and 809 to be effective 4/20/2016.
    Filed Date: 4/4/16.
    Accession Number: 20160404-5264.
    Comments Due: 5 p.m. ET 4/18/16.
    Any person desiring to protest in any of the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: April 5, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-08416 Filed 4-12-16; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: February 26, 2009 (Volume 74, Number 37)]
[Rules and Regulations]
[Page 8726-8728]
[DOCID:fr26fe09-10]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-0254; Directorate Identifier 2007-NM-209-AD;
Amendment 39-15795; AD 2009-02-05]
RIN 2120-AA64

Airworthiness Directives; Boeing Model 777 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Boeing Model 777 airplanes. This AD requires installing software
upgrades to the airplane information management system (AIMS) located
in the flight compartment. This AD results from an investigation that
revealed that detrimental effects could occur on certain AIMS software
during flight. We are issuing this AD to prevent an unannunciated loss
of cabin pressure. If an undetected loss of pressure event were to
cause an unsafe pressure in the cabin, the flight crew could become
incapacitated.

DATES: This AD is effective April 2, 2009.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of April 2,
2009.

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management, P.
O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1, fax<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
Internet https://www.myboeingfleet.com.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (telephone<PHONE_NUMBER>) is the Document Management
Facility, U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Jay Yi, Aerospace Engineer, Systems
and Equipment Branch, ANM-130S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone
(425) 917-6494; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an airworthiness directive (AD) that would apply to
certain Boeing Model 777 airplanes. That NPRM was published in the
Federal Register on November 28, 2007 (72 FR 67263). That NPRM proposed
to require installing software upgrades to the airplane information
management system (AIMS) located in the flight compartment.

Comments

    We gave the public the opportunity to participate in developing
this AD. We considered the comments received.

Request To Incorporate Revised Service Information

    Boeing asks that we reference Boeing Service Bulletins 777-31A0119
and 777-31A0120, both Revision 2, both dated June 12, 2008, in the
final rule. Boeing Alert Service Bulletin 777-31A0119, Revision 1,
dated March 27, 2007; and Boeing Alert Service Bulletin 777-31A0120,
Revision 1, dated March 23, 2007; were referenced in the NPRM as the
appropriate sources of service information for accomplishing certain
actions. Revision 2 of the service bulletins clarifies the procedures
for upgrading to the Airplane Information Management System--1 (AIMS-1)
Blockpoint 2006 (BP06) operational software.
    We have reviewed Revision 2 of these service bulletins and we agree
with the commenter, since no additional work is necessary on airplanes
changed in accordance with Revision 1 of the referenced service
information; Revision 2 of these service bulletins just provides
certain clarifications. We have added Revision 2 of these service
bulletins to the applicability specified in paragraph (c) of this AD,
and to paragraph (f)(1) of this AD, as the appropriate sources of
service information for accomplishing the actions specified. In
addition, we have added credit for accomplishing the

actions using Revision 1 of these service bulletins to paragraph (g) of
this AD.

Request To Update Number of U.S. Airplanes

    Boeing also asks that we change the number of U.S. airplanes
affected by this AD from 2 to 4 to reflect the production deliveries of
airplanes with software requiring an update. Boeing states that there
were about 142 AIMS-2 airplanes that were delivered in production on
which the affected software design was incorporated. Boeing also
recommends adding a statement that about 230 additional airplanes (of
which an estimated 70 of those airplanes are of U.S. registry) on which
AIMS-1 software has been incorporated will require an update to BP06.
    We partially agree with the commenter.
    Since the total number of airplanes of the affected design in the
worldwide fleet has not increased, we agree to change the number of
U.S. airplanes affected by this AD from 2 to 4. The 2 additional U.S.-
registered airplanes in need of the software update have been added to
the Costs of Compliance section in this AD.
    We do not agree to include the statements provided by the
commenter, as that language would be added to the Discussion section of
the NPRM, which is not carried over to this final rule. We have made no
change to the AD in this regard.

Request To Reduce Compliance Time

    Air Line Pilots Association, International (ALPA), asks that the
15-month compliance time specified in paragraph (f) of the NPRM be
reduced. ALPA states that, given the potentially serious consequences
of an undetected loss of pressurization, the number of affected
aircraft, and the time required for installation of the software, a
shorter compliance time should be imposed.
    We do not agree to reduce the compliance time specified in
paragraph (f) of this AD. In developing the compliance time for this AD
action, we considered not only the safety implications of the
identified unsafe condition, but the average utilization rate of the
affected fleet and the practical aspects of installing the software
during regular maintenance periods. In addition, we considered the
manufacturer's recommendation for an appropriate compliance time. After
considering all the available information, we determined that the 15-
month compliance time represents an appropriate interval of time in
which the required actions can be performed in a timely manner within
the affected fleet, while still maintaining an adequate level of
safety. We have not changed the AD in this regard.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously. We also determined that
these changes will not increase the economic burden on any operator or
increase the scope of the AD.

Costs of Compliance

    There are about 142 airplanes of the affected design in the
worldwide fleet. This AD affects 4 airplanes of U.S. registry. The
actions take between 1 and 4 work hours per airplane, at an average
labor rate of $80 per work hour. Based on these figures, the estimated
cost of the AD for U.S. operators is between $320 and $1,280, or
between $80 and $320 per airplane.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979), and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    You can find our regulatory evaluation and the estimated costs of
compliance in the AD Docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2009-02-05 Boeing: Amendment 39-15795. Docket No. FAA-2007-0254;
Directorate Identifier 2007-NM-209-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective April 2,
2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 777-200, -200LR, -300, and -
300ER series airplanes, certificated in any category; as identified
in Boeing Service Bulletins 777-31A0119 and 777-31A0120, both
Revision 2, both dated June 12, 2008.

Unsafe Condition

    (d) This AD results from an investigation that revealed that
detrimental effects could occur on certain airplane information
management system (AIMS) software during flight. We are issuing this
AD to prevent an unannunciated loss of cabin pressure. If an
undetected loss of pressure event were to cause an unsafe pressure
in the cabin, the flight crew could become incapacitated.

Compliance

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

Software Installation

    (f) Do the actions specified in paragraphs (f)(1) and (f)(2) of
this AD at the time specified, as applicable.

    (1) Within 15 months after the effective date of this AD:
Install the AIMS Blockpoint 2006 (BP06) operational software by
doing all the actions in accordance with the Accomplishment
Instructions of Boeing Service Bulletin 777-31A0119 or 777-31A0120,
both Revision 2, both dated June 12, 2008; as applicable.
    (2) Prior to or concurrently with accomplishing the software
installation, install the AIMS Blockpoint 2005A (BP05A) software in
accordance with the Accomplishment Instructions of Boeing Special
Attention Service Bulletin 777-31-0098, Revision 1, dated May 3,
2007; or Boeing Special Attention Service Bulletin 777-31-0097,
Revision 3, dated February 22, 2007; as applicable.

Credit for Actions Done Using Previous Service Information

    (g) Actions accomplished before the effective date of this AD in
accordance with Boeing Service Bulletin 777-31-0119, dated October
16, 2006, or Boeing Alert Service Bulletin 777-31A0119, Revision 1,
dated March 27, 2007; and Boeing Service Bulletin 777-31-0120, dated
October 16, 2006, or Boeing Alert Service Bulletin 777-31A0120,
Revision 1, dated March 23, 2007; are considered acceptable for
compliance with the corresponding actions specified in this AD.

Alternative Methods of Compliance (AMOCs)

    (h)(1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, ATTN: Jay Yi, Aerospace Engineer, Systems and Equipment Branch,
ANM-130S, FAA, Seattle ACO, 1601 Lind Avenue SW., Renton, Washington
98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19.
    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.

Material Incorporated by Reference

    (i) You must use the service information contained in Table 1 of
this AD to do the actions required by this AD, as applicable, unless
the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1, fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com.
    (3) You may review copies of the service information that is
incorporated by reference at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton, Washington. For
information on the availability of this material at the FAA, call
425-227-1221 or<PHONE_NUMBER>.
    (4) You may also review copies of the service information at the
National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call<PHONE_NUMBER>, or
go to: http://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html.

               Table 1--Material Incorporated by Reference
------------------------------------------------------------------------
       Service Bulletin           Revision               Date
------------------------------------------------------------------------
Boeing Service Bulletin 777-              2  June 12, 2008.
 31A0119.
Boeing Service Bulletin 777-              2  June 12, 2008.
 31A0120.
Boeing Special Attention                  3  February 22, 2007.
 Service Bulletin 777-31-0097.
Boeing Special Attention                  1  May 3, 2007.
 Service Bulletin 777-31-0098.
------------------------------------------------------------------------

    Issued in Renton, Washington, on January 13, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-3367 Filed 2-25-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register: March 24, 2010 (Volume 75, Number 56)]
[Notices]
[Page 14149-14150]
[DOCID:fr24mr10-47]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

March 15, 2010.
    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP04-274-000.
    Applicants: Kern River Gas Transmission Company, Kern River Gas
Transmission Company.
    Description: Motion of Kern River Gas Transmission Company for
Expedited Order Authorizing Provisional Payment of Refunds and
Implementation of Reduced Billing Rates.
    Filed Date: 03/05/2010.
    Accession Number: 20100305-5153.
    Comment Date: 5 p.m. Eastern Time on Wednesday, March 17, 2010.

    Docket Numbers: RP10-484-000.
    Applicants: T.W. Phillips Pipeline Corporation.
    Description: Request for Waiver of T.W. Phillips Pipeline
Corporation, Request for Waiver of Tariff Provision.
    Filed Date: 03/10/2010.
    Accession Number: 20100310-5070.
    Comment Date: 5 p.m. Eastern Time on Monday, March 22, 2010.

    Docket Numbers: RP10-485-000.
    Applicants: Tennessee Gas Pipeline Company.
    Description: Tennessee Gas Pipeline Company submits negotiated Rate
Firm Transportation Arrangement with Calpine Energy Services LP to be
effective 3/1/2010.
    Filed Date: 03/10/2010.
    Accession Number: 20100311-0001.
    Comment Date: 5 p.m. Eastern Time on Monday, March 22, 2010.

    Docket Numbers: RP10-486-000.
    Applicants: Tennessee Gas Pipeline Company.
    Description: Tennessee Gas Pipeline Company submits a negotiated
rate firm transportation arrangement with Calpine Energy Services LP.
    Filed Date: 03/10/2010.
    Accession Number: 20100311-0002.
    Comment Date: 5 p.m. Eastern Time on Monday, March 22, 2010.

    Docket Numbers: RP10-487-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Pacific Gas and Electric Company submits the 2009
Annual Report pursuant to 18 CFR Section 284.224.
    Filed Date: 03/11/2010.
    Accession Number: 20100312-0207.
    Comment Date: 5 p.m. Eastern Time on Tuesday, March 23, 2010.

    Docket Numbers: RP10-488-000.
    Applicants: Questar Pipeline Company.
    Description: Questar Pipeline Company submits Ninth Revised Sheet 8
to its FERC Gas Tariff, First Revised Volume 1 to be effective 4/12/10.
    Filed Date: 03/12/2010.
    Accession Number: 20100312-0208.
    Comment Date: 5 p.m. Eastern Time on Wednesday, March 24, 2010.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and Sec.
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    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
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St. NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call

(866) 208-3676 (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2010-6483 Filed 3-23-10; 8:45 am]
BILLING CODE 6717-01-P


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

General Comment:See attached file(s)

KICK ASH VAPOR, LLC
10048 MANCHESTER RD, STE 226
ST.LOUIS, MO 63122
May 27,2014
Dockets Management Branch (HFA-305)
Food and Drug Administration
5630 Fishers Lane
Room 1061
Rockville, MD 20852

Re: Request for Extension of Comment Period: Docket No. FDA-2014-N-0189
We, Kick Ash Vapor, LLC have conducted preliminary review of your lengthy proposed regulations and respectfully request that the Food and Drug Administration (FDA) extend the comment period for the proposed rule entitled "Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as Amended by the Family Smoking Prevention and Tobacco Control Act; Regulations on the Sale and Distribution of Tobacco Products and Required Warning Statements for Tobacco Products."
We, Kick Ash Vapor are a small electronic cigarette retailer employing fewer than 350 people.  We provide our customers with quality electronic cigarettes, and a variety of e-juice flavors.  Kick Ash Vapor's goal is to provide a safer alternative to smoking for those who have tried other options to quit, but havent succeeded.  Vaping has proved to be the most successful alternative to smoking. We have found many studies that prove vaping to be a more safe form of smoking, since you’re “burning” tobacco, not to mention using an open flame to light it, traditional cigarettes by default pose serious fire hazards. Cigarettes are in fact the #1 cause of fire-related death in the United States and 7 other countries. Worldwide, fires started by lit cigarettes constitute 10% of all fire-related deaths. As explained further below, the initial 75-day comment period does not provide enough time for companies like Kick Ash Vapor to adequately analyze the entire proposal and provide substantive comments on the many questions posed by the agency. We need more time to address this 240-page document whose contents will deal a devastating economic blow to our business.
The preamble to the proposed rule identifies approximately 70 topics and issues the agency has requested comments on. Many of these issues are complex and difficult and relate to an extremely diverse array of products. Clearly, the lengthy time period that the Agency required to propose these regulations is evidence that the issues addressed in the proposal are multi-faceted and challenging. FDA cannot expect any interested party, and in particular, any manufacturer, to conduct a meaningful review and analysis of these issues and provide detailed and thoughtful comment in a 75-day period.
Therefore, Kick Ash Vapor, LLC again respectfully requests that FDA extend the comment period to 180 days as this will help ensure that the final rule is based on an adequate and meaningful administrative record. Thank you in advance for your consideration of this request.

Sincerely,

KENT HUTCHINSON
KICK ASH VAPOR, LLC
10038 MANCHESTER RD, STE 226
ST. LOUIS MO
STORE:<PHONE_NUMBER>
PERSONAL:<PHONE_NUMBER>


[Federal Register Volume 85, Number 87 (Tuesday, May 5, 2020)]
[Rules and Regulations]
[Pages 26615-26617]
[FR Doc No: 2020-09162]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0460]
RIN 1625-AA00

Safety Zone; San Juan Harbor, San Juan, PR

AGENCY: Coast Guard, DHS.

ACTION: Final rule; correction.

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

SUMMARY: By this final rule, the Coast Guard is making non-substantive
changes to the final rule that published on March 19, 2020. The final
rule became effective on April 20, 2020. However, the amendatory
instruction in the rule issued on March 19, 2020 erroneously created a
new section rather than amend the section that already existed in the
CFR. We are reissuing this final rule with updated amendatory
instructions in order to implement the changes that were intended to be
implemented by the final rule that published on March 19, 2020.

DATES: This correction is effective on May 5, 2020.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0460 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander Pedro Mendoza, Sector San Juan
Prevention Department, Waterways Management Division, U.S. Coast Guard;
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
LG Liquefied Gas
LNG Liquefied Natural Gas
LPG Liquefied Petroleum Gas
NPRM Notice of proposed rulemaking
Sec.  Section
TFR Temporary Final Rule
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this rule without prior final rule
pursuant to authority under section 4(a) of the Administrative
Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an
agency to issue a rule without prior notice when the agency for good
cause finds that those procedures are ``impracticable, unnecessary, or
contrary to the public interest.''
    On December 17, 2019, a notice of proposed rulemaking (NPRM)
entitled, ``Safety Zone; San Juan Harbor, San Juan, PR'' was published
in the Federal Register under USCG-2019-0460 (84 FR 68860) with a 30
day comment period. The comment period ended on January 16, 2020. No
comments were submitted during the NPRMs 30 day comment period. The
Coast Guard published a final rule on March 19, 2020, 85 FR 15724,
announcing the same changes to 33 CFR 165.754 that this rule
implements. The final rule became effective on April 20, 2020. However,
the amendatory instruction in the rule issued on March 19, 2020
erroneously created a new 33 CFR 165.754 rather than amend 33 CFR
165.754 that already existed in the CFR. We are reissuing this final
rule with updated amendatory instructions in order to implement the
changes that were intended to be implemented by the final rule that
published on March 19, 2020. Under 5 U.S.C. 553(b)(B), the Coast Guard
finds that correcting the amendatory instructions on a final rulemaking
action that had been completed, and published in the Federal Register
with a 30 day delayed effective date; therefore, this technical
amendment is exempt from notice and comment rulemaking requirements
because the only amendment being made is to clarify in the amendatory
instructions that existing 33 CFR 165.754 is being ``revised'' and not
being added as a new section to the CFR. This revision is a non-
substantive change. This change will have no substantive effect on the
public; therefore, it is unnecessary to publish an NPRM.
    For the same reasons provided in the preceding paragraph, the Coast
Guard finds that good cause exists for making this rule effective less
than 30 days after publication in the Federal Register under 5 U.S.C.
553(d)(3).

III. Legal Authority, Need for Rule, and Discussion

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Coast Guard published a final rule on March 19, 2020, 85 FR
15724, announcing the same changes to 33 CFR 165.754 that this rule
implements. The final rule was supposed to become effective on April
20, 2020. However, the amendatory instruction in the rule issued on
March 19, 2020 erroneously created a new 33 CFR 165.764. We are
reissuing this final rule; correction document with updated amendatory
instructions in order to implement the changes into the existing 33 CFR
165.754 that were intended by the final rule on March 19, 2020.

IV. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    Because this rule is not a significant regulatory action, this rule
is exempt from the requirements of Executive Order 13771. See the OMB
Memorandum titled ``Guidance Implementing Executive Order 13771, titled
`Reducing Regulation and Controlling Regulatory Costs'[thinsp]'' (April
5, 2017). This rule involves a non-substantive change in the amendatory
instruction; it will not impose any additional costs on the public. The
benefit of the non-substantive change is 33 CFR 165.754 will be
revised, and the addition of a second 33 CFR 165.754, which was
erroneously added to the the CFR will be removed.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and

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

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This final rule involves a
non-substantive technical amendment. Therefore, this rule is
categorically excluded under paragraph L54 in Table 3-1 of U.S. Coast
Guard Environmental Planning Implementing Procedures 5090.1. Paragraph
L54 pertains to regulations which are editorial or procedural.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

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2. Revise Sec.  165.754 to read as follows:

Sec.  165.754  Safety Zone; San Juan Harbor, San Juan, PR.

    (a) Regulated area. A moving safety zone is established in the
following area:
    (1) The waters around liquefied gas (LG) carriers entering San Juan
Harbor in an area one half mile around each vessel, beginning one mile
north of the Bahia de San Juan Lighted Buoy #3, in approximate position
18[deg]28'17.8'' N, 066[deg]07'36.4'' W and continuing until the vessel
is moored at the Puma Energy dock, Cata[ntilde]o Oil dock, or Wharf B
in approximate position 18[deg]25'47'' N, 066[deg]6'32'' W. All
coordinates are North American Datum 1983.
    (2) The waters around LG carriers in a 50-yard radius around each
vessel when moored at the Puma Energy dock, Cata[ntilde]o Oil dock, or
Wharf B.
    (3) The waters around LG carriers departing San Juan Harbor in an
area one half mile around each vessel beginning at the Puma Energy
Dock, Cata[ntilde]o Oil dock, or Wharf B in approximate position
18[deg]25'47'' N, 066[deg]6'32'' W when the vessel gets underway, and
continuing until the stern passes the Bahia de San Juan Lighted Buoy
#3, in approximate position 18[deg]28'17.8'' N, 066[deg]07'36.4'' W.
All coordinates referenced use datum: NAD 83.
    (b) Regulations. (1) No person or vessel may enter, transit or
remain in the safety zone unless authorized by the Captain of the Port
(COTP), San Juan, Puerto Rico, or a designated Coast Guard
commissioned, warrant, or petty officer. Those operating in the safety
zone with the COTP's authorization must comply with all lawful orders
or directions given to them by the COTP or his designated
representative.
    (2) Persons desiring to transit the area of the safety zones may
contact the COTP San Juan or his designated representative to seek
permission to transit the area. If permission is granted, all persons
and vessels must comply with the instructions of the COTP or his
designated representative.

    (3) Vessels encountering emergencies, which require transit through
the moving safety zone, should contact the Coast Guard patrol craft or
Duty Officer on VHF Channel 16. In the event of an emergency, the Coast
Guard patrol craft may authorize a vessel to transit through the safety
zone with a Coast Guard designated escort.
    (4) The Captain of the Port and the Duty Officer at Sector San
Juan, Puerto Rico, can be contacted at telephone number<PHONE_NUMBER>.
The Coast Guard Patrol Commander enforcing the safety zone can be
contacted on VHF-FM channels 16 and 22A.
    (5) Coast Guard Sector San Juan will, when necessary and
practicable, notify the maritime community of periods during which the
safety zones will be in effect by providing advance notice of scheduled
arrivals and departure of liquefied gas carriers via a Marine Broadcast
Notice to Mariners.
    (6) All persons and vessels must comply with the instructions of
on-scene patrol personnel. On-scene patrol personnel include
commissioned, warrant, or petty officers of the U.S. Coast Guard. Coast
Guard Auxiliary and local or state officials may be present to inform
vessel operators of the requirements of this section, and other
applicable laws.

    Dated: April 24, 2020.
E.P. King,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. 2020-09162 Filed 5-4-20; 8:45 am]
 BILLING CODE 9110-04-P