[Federal Register Volume 82, Number 216 (Thursday, November 9, 2017)]
[Notices]
[Pages 52095-52097]
[FR Doc No: 2017-24364]

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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

Federal Railroad Administration

Fiscal Year 2017 Positive Train Control Grant Program Project
Selections

AGENCY: Federal Transit Administration (FTA), Federal Railroad
Administration (FRA), DOT.

ACTION: Notice.

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SUMMARY: The U.S. Department of Transportation's (DOT) Federal Transit
Administration (FTA) and Federal Railroad Administration (FRA) announce
the selection of projects for the Fiscal Year (FY) 2017 Positive Train
Control (PTC) Grant Program. A total of $197.01 million in the PTC
grant funding, authorized under the Fixing America's Surface
Transportation (FAST) Act, will be provided to 17 projects in 13
states. On July 29, 2016, FTA and FRA published a Notice of Funding
Opportunity (NOFO) announcing the availability of Federal funding for
the PTC Grant Program. These funds will provide financial assistance to
states, local governments, and public agencies for the implementation
of positive train control systems to improve safety. Funds allocated in
this announcement must be obligated in a grant by September 30, 2018.

FOR FURTHER INFORMATION CONTACT: Recipients selected for competitive
funding in Table 1 should contact the appropriate FTA Regional Office
for information regarding applying for the funds or program-specific
information. A list of FTA's Regional Offices can be found at
www.fta.dot.gov. For questions regarding PTC technology or statutory
and regulatory requirements, please contact Mr. Devin Rouse, Program
Manager, Federal Railroad Administration (phone:<PHONE_NUMBER>, email:
[email protected]). A TDD is available at 1-800-877-8339 (TDD/FIRS).

SUPPLEMENTARY INFORMATION: In response to the NOFO, FTA and FRA
received 27 proposals from 16 states requesting $455 million in Federal
funds, indicating significant demand for funding to expedite the
implementation of PTC systems. Project proposals were evaluated based
on each applicant's responses to the program evaluation criteria
outlined in the NOFO.
    FTA is funding the 17 projects shown in Table 1 for a total of
$197.01 million. Recipients selected for competitive funding should
work with their FTA Regional Office to submit a grant application in
FTA's transit award management system (TrAMS) for the projects
identified in the attached table to quickly obligate funds. As funds
must be obligated by September 30, 2018, all grant applications must be
submitted to FTA by June 30, 2018. Grant applications must include the
eligible activities applied for in the original project application.
Funds must be used consistent with the competitive proposal and for the
eligible capital purposes established in the NOFO.
    In cases where the award amount is less than the proposer's total
requested amount, recipients must submit grant applications to fund the
scalable project option as described in the project's application. If
the award amount does not correspond to the scalable option, for
example due to a cap on the award amount, the recipient should work
with the FTA Regional Office to reduce scope or scale the project so
that a complete phase or project is accomplished. Recipients are
reminded that program requirements such as cost sharing or local match
can be found in the NOFO. A discretionary project identification number
has been assigned to each project for tracking purposes and must be
used in the TrAMS application.
    On October 16, 2008, Congress enacted the Railroad Safety
Improvement Act of 2008 (RSIA), which required Class 1 railroad main
lines and commuter railroad passenger service to fully implement
positive train control by December 31, 2015. In the Positive Train
Control Enforcement and Implementation Act of 2015, Congress extended
the deadline for implementing positive train control to December 31,
2018. FTA will streamline the grant application process to help
commuter railroads meet the approaching deadline. FTA is providing pre-
award authority and will reimburse eligible project costs on successful
projects consistent with the selected project proposals. The
eligibility for reimbursement using pre-award authority is contingent
upon the project meeting other Federal requirements, such as
environmental requirements, prior to costs being incurred. FTA is not
applying its regulation, 49 CFR part 633 Project Management Oversight
to this program. Furthermore, FTA waives the requirement that projects
be listed in the

Statewide Transportation Improvement Plan (STIP). Department of Labor
(DOL) certification is also not required. The above waivers are only
applicable to funds awarded in this notice.
    Post-award reporting requirements include submission of the Federal
financial report and milestone progress reports in TrAMS as appropriate
(see FTA Circular 5010.1E, Award Management Requirements). Unless
specifically waived, recipients must comply with all applicable Federal
statutes, regulations, executive orders, FTA circulars, and other
Federal requirements in carrying out the project supported by the FTA
grant, including FTA's Buy America requirements.
    Recipients must follow all third-party procurement guidance as
described in FTA Circular 4220.1F Third Party Contracting Guidance.

    Issued in Washington, DC, this 3rd day of November 2017.

K. Jane Williams,
Acting Administrator, Federal Transit Administration.
Heath Hall,
Acting Administrator, Federal Railroad Administration.

                       Table 1--Fiscal Year 2017 Positive Train Control Project Selections
----------------------------------------------------------------------------------------------------------------
      State             Recipient                  Project ID              Project description     Grant  amount
----------------------------------------------------------------------------------------------------------------
CA...............  Peninsula Corridor   D2017-PTCP-014.................  This project will dual      $21,680,000
                    Joint Powers Board                                    equip seven Caltrain
                    (JPB).                                                trains with
                                                                          Incremental Train
                                                                          Control System (ITCS)
                                                                          and Interoperable
                                                                          Electronic Train
                                                                          Management System (I-
                                                                          ETMS) to provide
                                                                          service for
                                                                          approximately 32 miles
                                                                          from south of San Jose
                                                                          to Gilroy, CA on Union
                                                                          Pacific Railroad
                                                                          (UPRR) territory.
CA...............  Southern California  D2017-PTCP-015.................  This project will             3,200,000
                    Regional Rail                                         develop, test, and
                    Authority (SCRRA).                                    deploy tools and
                                                                          processes to improve
                                                                          the reliability,
                                                                          efficiency, and
                                                                          security of SCRRA's
                                                                          Interoperable
                                                                          Electronic Train
                                                                          Management System (I-
                                                                          ETMS) PTC with an
                                                                          upgrade from a non-
                                                                          vital to a vital
                                                                          overlay system across
                                                                          249 miles in the
                                                                          greater Los Angeles
                                                                          region of Southern
                                                                          California.
FL...............  South Florida        D2017-PTCP-006.................  This project will            31,633,176
                    Regional                                              complete the
                    Transportation                                        installation of the
                    Authority (SFRTA).                                    established
                                                                          Interoperable
                                                                          Electronic Train
                                                                          Management System
                                                                          (I[hyphen]ETMS) PTC
                                                                          technology consisting
                                                                          of wayside interface
                                                                          units, near side
                                                                          station controls, base
                                                                          radio stations, a back
                                                                          office server,
                                                                          on[hyphen]board PTC
                                                                          kits, and a crew
                                                                          training simulator on
                                                                          the South Florida Rail
                                                                          Corridor.
FL...............  Florida Department   D2017-PTCP-007.................  This project will             1,841,153
                    of Transportation                                     implement the
                    (FDOT).                                               Interoperable
                                                                          Electronic Train
                                                                          Management System (I-
                                                                          ETMS) computer-aided
                                                                          dispatch system, track
                                                                          database, and
                                                                          communication network,
                                                                          along 110 miles of the
                                                                          Central Florida Rail
                                                                          Corridor.
IL...............  Commuter Rail        D2017-PTCP-008.................  This project comprises       20,168,000
                    Division of the                                       three subprojects that
                    RTA (Metra).                                          include the
                                                                          installation of
                                                                          wayside PTC signals,
                                                                          reconfiguration of
                                                                          signals, and upgrade
                                                                          of existing PTC
                                                                          Automatic Block
                                                                          Signaling systems on
                                                                          Metra's Milwaukee
                                                                          District West and
                                                                          North lines in
                                                                          Illinois.
IL...............  Illinois Department  D2017-PTCP-009.................  This project will            18,869,888
                    of Transportation                                     complete the design,
                    (IDOT).                                               delivery,
                                                                          installation, testing,
                                                                          and certification of a
                                                                          fully integrated
                                                                          Interoperable
                                                                          Electronic Train
                                                                          Management System (I-
                                                                          ETMS) PTC on two
                                                                          contractual routes for
                                                                          Amtrak's use that
                                                                          comprise 14.7 route
                                                                          miles of Terminal
                                                                          Railroad Association
                                                                          of St. Louis (TRRA)
                                                                          right-of-way into and
                                                                          out of St. Louis,
                                                                          Missouri.
MA...............  Massachusetts Bay    D2017-PTCP-001.................  This project will             7,815,963
                    Transportation                                        include the
                    Authority (MBTA).                                     installation of a back
                                                                          office system for PTC
                                                                          that consists of an
                                                                          existing Cab Signaling
                                                                          System (CSS) with
                                                                          Automatic Train
                                                                          Control (ATC)
                                                                          supplemented by the
                                                                          addition of the latest
                                                                          revision to the
                                                                          Advanced Civil Speed
                                                                          Enforcement System II
                                                                          (ACSES II) for the
                                                                          MBTA.
MD...............  Maryland Transit     D2017-PTCP-004.................  This project includes         9,440,000
                    Administration                                        installing
                    (MTA).                                                Interoperable
                                                                          Electronic Train
                                                                          Management System (I-
                                                                          ETMS) PTC within the
                                                                          Northeast Corridor
                                                                          along MARC's tracks,
                                                                          and equipping 11 MARC
                                                                          2A cab cars with I-
                                                                          ETMS. The work will be
                                                                          on the Penn Line
                                                                          between Washington,
                                                                          D.C. Union Station and
                                                                          the northern limits of
                                                                          MARC service at
                                                                          Perryville, MD, a
                                                                          total distance of
                                                                          approximately 77
                                                                          directional miles.
MO...............  Missouri Department  D2017-PTCP-012.................  This project will            12,024,877
                    of Transportation                                     design, deliver,
                    (MoDOT).                                              install, test, and
                                                                          certify a fully
                                                                          integrated and
                                                                          functional
                                                                          Interoperable
                                                                          Electronic Train
                                                                          Management System (I-
                                                                          ETMS) PTC over
                                                                          approximately 8.5
                                                                          route miles of Kansas
                                                                          City Terminal Railway
                                                                          right-of-way where
                                                                          Amtrak operates in the
                                                                          Kansas City
                                                                          metropolitan region of
                                                                          Missouri.
NJ...............  New Jersey Transit   D2017-PTCP-002.................  This project will            10,000,000
                    Corporation (NJ                                       implement New Jersey
                    Transit).                                             Transit's PTC Phase
                                                                          III, which involves
                                                                          the purchase of
                                                                          onboard equipment
                                                                          kits, along with the
                                                                          installation, testing,
                                                                          and commissioning of
                                                                          the equipment on a
                                                                          total of 440
                                                                          locomotives, electric
                                                                          mobile units, and cab
                                                                          cars.
NM...............  Rio Metro Regional   D2017-PTCP-010.................  This project will             3,600,000
                    Transit District                                      include the
                    (Rio Metro).                                          installation of the
                                                                          Interoperable
                                                                          Electronic Train
                                                                          Management System (I-
                                                                          ETMS) PTC onboard
                                                                          technology on nine
                                                                          locomotives.

NY...............  New York State       D2017-PTCP-003.................  This project will            33,749,974
                    Department of                                         implement Advanced
                    Transportation                                        Civil Speed
                    (NYSDOT).                                             Enforcement System
                                                                          (ACSES) PTC on the
                                                                          Amtrak controlled
                                                                          section of the Empire
                                                                          Corridor Hudson Line,
                                                                          a Federally Designated
                                                                          High Speed Rail
                                                                          Corridor, which spans
                                                                          multiple jurisdictions
                                                                          along its 94 miles
                                                                          from Poughkeepsie to
                                                                          Hoffmans, New York.
OR...............  Oregon Department    D2017-PTCP-016.................  This project will             1,200,000
                    of Transportation                                     install and test PTC
                    (ODOT).                                               equipment on two Talgo
                                                                          Series 8 trainsets
                                                                          owned by ODOT and
                                                                          operated by Amtrak for
                                                                          the regional Amtrak
                                                                          Cascades intercity
                                                                          passenger rail service
                                                                          connecting Eugene,
                                                                          Oregon to Vancouver,
                                                                          British Columbia.
OR...............  Tri-County           D2017-PTCP-017.................  This project will             2,704,000
                    Metropolitan                                          implement two PTC
                    Transportation                                        safety modifications
                    District of Oregon                                    on the 15 mile long
                    (TriMet).                                             Westside Express (WES)
                                                                          commuter rail corridor
                                                                          from Wilsonville to
                                                                          Beaverton, Oregon. The
                                                                          first modification is
                                                                          designed to positively
                                                                          stop a train in
                                                                          advance of a
                                                                          malfunctioning grade
                                                                          crossing, and the
                                                                          second modification
                                                                          will stop a train
                                                                          prior to a work zone
                                                                          or limit speed
                                                                          throughout the work
                                                                          zone.
PA...............  Southeastern         D2017-PTCP-005.................  This project will             5,800,000
                    Pennsylvania                                          install the Advanced
                    Transportation                                        Civil Speed
                    Authority (SEPTA).                                    Enforcement System
                                                                          (ACSES II) PTC System
                                                                          along a 3-mile portion
                                                                          of restored Regional
                                                                          Rail service from
                                                                          Elwyn to Wawa,
                                                                          Pennsylvania, and
                                                                          deploy an onboard
                                                                          survey map software
                                                                          that contains the
                                                                          physical
                                                                          characteristics of the
                                                                          railroad that dictate
                                                                          train operating speeds
                                                                          throughout SEPTA's
                                                                          rail network.
TX...............  Capital              D2017-PTCP-011.................  This project will             9,762,969
                    Metropolitan                                          install the PTC fiber
                    Transportation                                        backbone for an
                    Authority (Capital                                    Enhanced Automatic
                    Metro).                                               Train Control (E-ATC)
                                                                          PTC system on Capital
                                                                          Metro's approximately
                                                                          33 miles of its
                                                                          commuter rail
                                                                          territory in Austin,
                                                                          TX.
UT...............  Utah Transit         D2017-PTCP-013.................  This project involves         3,520,000
                    Authority (UTA).                                      the design and testing
                                                                          of a two-step No-Code
                                                                          Proceed system to
                                                                          assure the safe
                                                                          operation of UTA's
                                                                          FrontRunner Enhanced
                                                                          Automated Train
                                                                          Control (E-ATC) PTC on
                                                                          its two mainline track
                                                                          segments from Provo to
                                                                          Ogden and Ogden to
                                                                          Pleasant View, Utah.
                                                                                ---------------
    Total........  ...................  ...............................  .......................    $197,010,000
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2017-24364 Filed 11-8-17; 8:45 am]
 BILLING CODE P


[Federal Register Volume 84, Number 89 (Wednesday, May 8, 2019)]
[Proposed Rules]
[Pages 20071-20073]
[FR Doc No: 2019-09474]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2019-0147; FRL-9993-33-Region 9]

Air Plan Approval; California; Calaveras County Air Pollution
Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Calaveras County Air Pollution Control
District (CCAPCD) portion of the California State Implementation Plan
(SIP). This revision concerns reporting of emissions of volatile
organic compounds (VOCs) and oxides of nitrogen (NOX) in
nonattainment areas. We are proposing to approve a local rule to
require submittal of emissions statements under the Clean Air Act (CAA
or the Act). We are taking comments on this proposal and plan to follow
with a final action.

DATES: Any comments must arrive by June 7, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2019-0147 at https://www.regulations.gov. For comments submitted at
Regulations.gov, follow the online instructions for submitting

comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e., on the web, cloud, or other file sharing system). For
additional submission methods, please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public
comment policy, information about CBI or multimedia submissions, and
general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Nancy Levin, EPA Region IX, 75
Hawthorne Street, San Francisco, CA 94105. By phone:<PHONE_NUMBER> or
by email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.

Table of Contents

I. The State's Submittal
    A. What rule did the State submit?
    B. Are there other versions of this rule?
    C. What is the purpose of the submitted rule?
II. The EPA's Evaluation and Action
    A. How is the EPA evaluating the rule?
    B. Does the rule meet the evaluation criteria?
    C. The EPA's Recommendations To Further Improve the Rule
    D. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rule did the State submit?

    Table 1 lists the rule addressed by this proposal with the dates
that it was adopted by the local air agency and submitted by the
California Air Resources Board (CARB).

                                             Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
       Local agency                  Rule No.                  Rule title             Adopted        Submitted
----------------------------------------------------------------------------------------------------------------
CCAPCD....................  513......................  Source Recordkeeping and       06/26/2018      11/21/2018
                                                        Emission Statement.
----------------------------------------------------------------------------------------------------------------

    On April 19, 2019, the submittal for CCAPCD Rule 513 was deemed by
operation of law to meet the completeness criteria in 40 CFR part 51
Appendix V, which must be met before formal EPA review.

B. Are there other versions of this rule?

    We approved an earlier version of Rule 513, then numbered Rule 408
``Source Recordkeeping and Reporting,'' into the SIP on May 11, 1977
(42 FR 23804). The CCAPCD renumbered and adopted revisions to Rule 408
on June 26, 2018, and CARB submitted Rule 513 ``Source Recordkeeping
and Emission Statement'' on November 21, 2018. Submitted Rule 513
reorganizes the information contained in SIP-approved Rule 408. It also
removes a requirement for sources to retain emissions reports submitted
to the District.

C. What is the purpose of the submitted rule?

    Emissions of VOCs and NOX help produce ground-level
ozone, smog, and particulate matter, which harm human health and the
environment. Section 110(a) of the CAA requires states to submit
regulations that control VOC and NOX emissions. Rule 513
establishes requirements for the owner or operator of any stationary
source to provide the CCAPCD a written statement showing actual
emissions of VOC and NOX or operational data to estimate
actual emissions from that source. The rule was revised to comply with
CAA section 182(a)(3)(B). The EPA's technical support document (TSD)
has more information about this rule.

II. The EPA's Evaluation and Action

A. How is the EPA evaluating the rule?

    Rules in the SIP must be enforceable (see CAA section 110(a)(2)),
must not interfere with applicable requirements concerning attainment
and reasonable further progress or other CAA requirements (see CAA
section 110(l)), and must not modify certain SIP control requirements
in nonattainment areas without ensuring equivalent or greater emissions
reductions (see CAA section 193). Areas classified as Marginal
nonattainment or higher, such as the Calaveras County nonattainment
area, are subject to the requirements of CAA section 182(a)(3)(B).
    Guidance and policy documents that we used to evaluate
enforceability, revision/relaxation, and CAA requirements for the
applicable criteria pollutants include the following:
     ``Issues Relating to VOC Regulation Cutpoints,
Deficiencies, and Deviations,'' EPA, May 25, 1988 (the Bluebook,
revised January 11, 1990).
     ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
     ``(Draft) Guidance on the Implementation of an Emission
Statement Program,'' EPA, July 1992.

B. Does the rule meet the evaluation criteria?

    This rule is consistent with CAA requirements and relevant guidance
regarding enforceability and SIP revisions. The TSD has more
information on our evaluation.

C. The EPA's Recommendations To Further Improve the Rule

    The TSD includes recommendations for the next time the local agency
modifies the rule.

D. Public Comment and Proposed Action

    As authorized in section 110(k)(3) of the Act, the EPA proposes to
fully approve the submitted rule because it fulfills all relevant
requirements. We will accept comments from the public on this proposal
until June 7, 2019. If we take final action to approve the submitted
rule, our final action will incorporate this rule into the federally
enforceable SIP.

III. Incorporation by Reference

    In this document, the EPA is proposing to include in a final EPA
rule regulatory text that includes incorporation by reference. In
accordance with requirements of 1 CFR 51.5, the EPA is proposing to
incorporate by reference the CCAPCD rule described in Table 1 of this
preamble. The EPA has made, and will continue to make, these materials
available through www.regulations.gov and at the EPA Region IX Office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information).

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 proposed action merely proposes to approve state law
as meeting federal requirements and does not impose additional
requirements beyond those imposed by state law. For that reason, this
proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide the EPA with the discretionary authority
to address disproportionate human health or environmental effects with
practical, appropriate, 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).

List of Subjects in 40 CFR Part 52

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

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

    Dated: April 26, 2019.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2019-09474 Filed 5-7-19; 8:45 am]
BILLING CODE 6560-50-P


"Cook, Steve"<EMAIL_ADDRESS> 08/24/2007 04:45 PM	To

	Margaret Sheppard/DC/USEPA/US@EPA

	cc

	bcc

	Subject

	RE: nPB

OK Thanks for the reply.

Steve

From<EMAIL_ADDRESS> <EMAIL_ADDRESS>Sent: Friday, August 24, 2007

3:41 PM

To: Cook, Steve

Subject: Re: nPB

Steve,

I'm not in a position to say where our ruling will head.

We did receive many comments, including some new exposure data.  We will

need to consider these carefully and decide whether that warrants a change

from our proposed listing.

Margaret Sheppard

USEPA/Stratospheric Protection Division

SNAP Program

Tel.<PHONE_NUMBER>

Fax<PHONE_NUMBER>

email<EMAIL_ADDRESS>

-----"Cook, Steve"<EMAIL_ADDRESS>wrote: -----

To: Margaret Sheppard/DC/USEPA/US@EPA

From: "Cook, Steve"<EMAIL_ADDRESS> Date: 08/24/2007 02:55PM

Subject: nPB

Margaret I noticed that the hearings on aerosolized nPB are closed.  I was

curios as to whether or not you feel the product will be banned from use

in an aerosol form?

Thanks for your help

Steve


[Federal Register: November 30, 2010 (Volume 75, Number 229)]
[Rules and Regulations]
[Page 73964-73966]
[DOCID:fr30no10-10]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-1044]
RIN 1625-AA00

Safety Zone; USS Fort Worth Launch, Marinette, WI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Menominee River in Marinette, Wisconsin. This zone is intended to
restrict vessels from a portion of Menominee River during the launching
of the USS Fort Worth on December 4, 2010. This temporary safety zone
is necessary to protect spectators and vessels from the hazards
associated with the launching of this extremely large ship.

DATES: This rule is effective from 8 a.m. to 2 p.m. on December 4,
2010. This rule will be enforced from 8 a.m. to 2 p.m. on December 4,
2010.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-1044 and are available online
by going to http://www.regulations.gov, selecting the Advanced Docket
Search option on the right side of the screen, inserting USCG-2010-1044
in the Docket ID box, pressing Enter, and then clicking on the item in
the Docket ID column. They are also available for inspection or copying
at the Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, contact or e-mail BM1 Adam Kraft, U.S. Coast Guard
Sector Lake Michigan, at<PHONE_NUMBER> or<EMAIL_ADDRESS>If you
have questions on viewing the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act

(APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a
rule without prior notice and opportunity to comment when the agency
for good cause finds that those procedures are ``impracticable,
unnecessary, or contrary to the public interest.'' Under 5 U.S.C.
553(b)(B), the Coast Guard finds that good cause exists for not
publishing a notice of proposed rulemaking (NPRM) with respect to this
rule because the final details for this event were not received by the
Coast Guard with sufficient time to allow for a public comment period.
Given the hazards associated with this ship launching, delaying this
rule to provide for public comment would be contrary to the public
interest. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good
cause exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule to provide a 30-day notice period is contrary to the public
interest due to the hazards associated with a ship launching.

Background and Purpose

    This temporary safety zone is necessary to protect vessels from the
hazards associated with the launching of the USS Fort Worth in
Marinette, WI. The Captain of the Port, Sector Lake Michigan, has
determined that the launching of the USS Fort Worth does pose
significant risks to public safety and property. As such, this safety
zone is necessary to prevent injury to persons and damage to property.

Discussion of Rule

    This temporary safety zone will encompass all waters of the
Menominee River, in the vicinity of Marinette Marine Corporation,
between the Bridge Street Bridge located in position 45[deg]06'12'' N,
087[deg]37'34'' W and a line crossing the river perpendicularly passing
through position 45[deg]05'57'' N, 087[deg]36'43'' W, in the vicinity
of the Ansul Company. (DATUM: NAD 83).
    All persons and vessels shall comply with the instructions of the
Coast Guard Captain of the Port, Sector Lake Michigan, or his or her
on-scene representative. Entry into, transiting, or anchoring within
the safety zone is prohibited unless authorized by the Captain of the
Port, Sector Lake Michigan, or his or her on-scene representative. The
Captain of the Port, Sector Lake Michigan, or his or her on-scene
representative may be contacted via VHF Channel 16.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    This determination is based on the minimal time that vessels will
be restricted from the zone and the zone is an area where the Coast
Guard expects insignificant adverse impact to mariners from the zones'
activation.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule will have a significant economic impact on
a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
    This rule will affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
transit or anchor in a portion of Menominee River between 8 a.m. and 2
p.m. on December 4, 2010.
    This temporary safety zone will not have a significant economic
impact on a substantial number of small entities for the following
reasons: Vessel traffic should be minimal given the location and the
time of year that this event is occurring. Furthermore, this safety
zone will only be in effect for six hours. In the event that this
temporary safety zone affects shipping, commercial vessels may request
permission from the Captain of The Port, Sector Lake Michigan, to
transit through the safety zone. The Coast Guard will give notice to
the public via a Broadcast to Mariners that the regulation is in
effect.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. 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.

Collection of Information

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

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

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 expenditure, we do discuss the effects of this rule elsewhere in
this preamble.

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

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

Indian Tribal Governments

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

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves the establishment of a
temporary safety zone that will be in place for only six hours.
Therefore paragraph (34)(g) of the Instruction applies.
    An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.

List of Subjects in 33 CFR Part 165

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

0
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:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. A new temporary Sec.  165.T09-1044 is added as follows

Sec.  165.T09-1044  Safety Zone; USS Fort Worth Launch, Marinette,
Wisconsin.

    (a) Location. All waters of the Menominee River, in the vicinity of
Marinette Marine Corporation, between the Bridge Street Bridge located
in position 45[deg]06'12'' N, 087[deg]37'34'' W and a line crossing the
river perpendicularly passing through position 45[deg]05'57'' N,
087[deg]36'43'' W, in the vicinity of the Ansul Company. (DATUM: NAD
83).
    (b) Effective period. This rule is effective from 8 a.m. to 2 p.m.
on December 4, 2010. This rule will be enforced from 8 a.m. to 2 p.m.
on December 4, 2010. The Captain of the Port, Sector Lake Michigan, or
his or her on-scene representative may terminate this event at anytime.
    (c) Regulations.
    (1) In accordance with the general regulations in section 165.23 of
this part, entry into, transiting, or anchoring within this safety zone
is prohibited unless authorized by the Captain of the Port, Sector Lake
Michigan, or his or her on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port, Sector Lake Michigan, or his
or her on-scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port,
Sector Lake Michigan, is any Coast Guard commissioned, warrant or petty
officer who has been designated by the Captain of the Port, Sector Lake
Michigan, to act on his or her behalf. The on-scene representative of
the Captain of the Port, Sector Lake Michigan, will be aboard either a
Coast Guard or Coast Guard Auxiliary vessel.
    (4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port, Sector Lake Michigan, or
his or her on-scene representative to obtain permission to do so. The
Captain of the Port, Sector Lake Michigan, or his or her on-scene
representative may be contacted via VHF Channel 16. Vessel operators
given permission to enter or operate in the safety zone must comply
with all directions given to them by the Captain of the Port, Sector
Lake Michigan, or his or her on-scene representative.

    Dated: November 19, 2010.
S.R. Schenk,
Commander, U.S. Coast Guard, Captain of the Port, Sector Lake Michigan,
Acting.
[FR Doc. 2010-30137 Filed 11-29-10; 8:45 am]
BILLING CODE 9110-04-P