[Federal Register Volume 84, Number 178 (Friday, September 13, 2019)]
[Rules and Regulations]
[Pages 48281-48285]
[FR Doc No: 2019-19812]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-1009]
RIN 1625-AA00

Safety Zones; Sector Upper Mississippi River Annual and Recurring
Safety Zones Update

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending and updating its table of annual
and recurring safety zones that take place within the Eighth Coast
Guard District listed in section 165.801 Table 2 of the Title 33 of the
Code of Federal Regulations (CFR).

DATES: This rule is effective October 15, 2019.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-1009 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 Christian Barger, Sector Upper
Mississippi River Waterways Management Division, U.S. Coast Guard;
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Upper Mississippi River
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    In Fall 2018, the Captain of the Port Sector Upper Mississippi
River (COTP) began the annual review of section 165.801 Table 2 of
Title 33 of the Code of Federal Regulations (CFR) (33 CFR 165.801 Table
2) to ensure it accurately reflected safety zones occurring on a
regular basis in the Sector Upper Mississippi River Captain of the Port
Zone. On May 31, 2019 the Coast Guard published a notice of proposed
rulemaking (NPRM) titled Sector Upper Mississippi River Annual and
Recurring Safety Zones Update [84 FR 25212]. There we stated why we
issued the NPRM, and invited comments on our proposed regulatory action
related to the annual update. During the comment period that ended July
1, 2019, we received no comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under the authority in 46
U.S.C. 70034 (previously 33 U.S.C. 1231). The Captain of the Port
Sector Upper Mississippi River (COTP) is amending and updating section
165.801 Table 2 of Title 33 of the Code of Federal Regulations (CFR)
(33 CFR 165.801 Table 2) to accurately reflect safety zones occurring
on a regular basis in the Sector Upper Mississippi River Captain of the
Port Zone. This rule ensures that the public is informed of annual and
recurring safety zones taking place within the Sector Upper Mississippi
River Captain of the Port Zone, that the table of annual and recurring
safety zones is easy to read, and minimizes administrative burden to
both the Coast Guard and those requesting the enforcement of recurring
safety zones. The recurring safety zones are necessary to provide for
the safety of life on navigable waters during events which pose a risk
to persons and vessels operating on the waterway.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published on
May 31, 2019. We are adding the Kansas City Airshow into this rule
because the sponsor said the 2019 Airshow was successful and it will be
taking place again in 2020. Additionally, although we proposed to
remove them in the NPRM, we are retaining the safety zones for the City
of Champlin/Father Hennepin Fireworks Display and the McGregor/
Marquette Chamber Commerce/Independence Day Celebration. We now believe
that both of these events will continue to re-occur.
    Section 165.801 of Title 33 CFR contains regulations related to
annual and recurring safety zones. From time to time, this section
requires amendment to properly reflect safety zones recurring within
the Eighth Coast Guard District. This rule updates Table 2 of this
section by removing two safety zones, adding one safety zone, updating
details for all safety zones to include the correction of twelve names,
re-defining the date of safety zones for fireworks displays for 4th of
July celebrations to permit greater flexibility in planning of these
events, correcting errors in the nearest city for nine safety zones,
removing sponsor names from all safety zones, and rearranging the Table
to display safety zones first by the body of water on which they take
place (alphabetically), second by the date(s) on which those safety
zones will be enforced, and third by mile marker (descending). The
changes are as follows.
    This rule is removes the following two safety zones from Table 2 of
33 CFR 165.801:

----------------------------------------------------------------------------------------------------------------
                                                                      Sector upper
                 Date                        Sponsor/name          Mississippi River           Safety zone
                                                                        location
----------------------------------------------------------------------------------------------------------------
35. 2 days--2nd weekend in August....  Tug Committee/Great      Port Byron, IL.........  Upper Mississippi River
                                        River Tug.                                        mile marker 497.2 to
                                                                                497.6 (Illinois).
39. 2 days--Weekend that precedes      Lake of the Ozarks       Lake of the Ozarks, MO.  Lake of the Ozarks mile
 Labor Day Weekend.                     Shootout, Inc./Lake of                            marker 032.5 to 034.5.
                                        the Ozarks Shootout.
----------------------------------------------------------------------------------------------------------------

    Both of these events are expected to continue. However, the Coast
Guard is changing how the events are regulated and, correspondingly,
will be relocating the regulations for these events to other portions
of the CFR in a separate rule or rules.
    This rule adds one safety zone (line 15 below), updates the details
of all safety zones in Table 2 of 33 CFR 165.801, and reorganizes the
table as follows:

----------------------------------------------------------------------------------------------------------------
                 Date                           Event                 City, state              Safety zone
----------------------------------------------------------------------------------------------------------------
                                                 Illinois River
----------------------------------------------------------------------------------------------------------------
1. 1 day--Either on or within a week   Unity Point Health Red   Peoria, IL.............  Mile Markers 162.5-
 before or after July 4th.              With and Boom.                                    162.1.
2. 1 day--Either on or within a week   Grafton Chamber 4th of   Grafton, IL............  Mile Markers 1.5-0.5.
 before or after July 4th.              July Fireworks.
----------------------------------------------------------------------------------------------------------------
                                               Lake of the Ozarks
----------------------------------------------------------------------------------------------------------------
3. 1 day--Last Sunday of May.........  Tan-Tar-A Resort         Osage Beach, MO........  Mile Markers 26.2-25.8.
                                        Memorial Day Fireworks.
4. 1 day--Last Sunday of May.........  Lodge of the Four        Lake Ozark, MO.........  Mile Markers 14.2-13.8.
                                        Seasons Memorial Day
                                        Fireworks.
5. 1 day--Either on or within a week   Tan-Tar-A Resort 4th of  Osage Beach, MO........  Mile Markers 26.2-25.8.
 before or after July 4th.              July Fireworks.
6. 1 day--Either on or within a week   Lodge of the Four        Lake Ozark, MO.........  Mile Markers 14.2-13.8.
 before or after July 4th.              Seasons 4th of July
                                        Fireworks.
7. 1 day--First weekend of September.  Tan-Tar-A Resort Labor   Osage Beach, MO........  Mile Markers 26.2-25.8.
                                        Day Fireworks.
8. 1 day--First weekend of September.  Lodge of the Four        Lake Ozark, MO.........  Mile Markers 14.2-13.8.
                                        Seasons Labor Day
                                        Fireworks.
----------------------------------------------------------------------------------------------------------------
                                                 Missouri River
----------------------------------------------------------------------------------------------------------------
9. 1 day--Either the last weekend of   KC Riverfest...........  Kansas City, MO........  Mile Markers 365.5-
 June or first weekend of July.                                                           364.8.
10. 1 day--Either on or within a week  Parkville 4th of July    Parkville, MO..........  Mile Markers 378.0-
 before or after July 4th.              Fireworks.                                        377.5.
11. 1 day--Either on or within a week  Salute to America......  Jefferson City, MO.....  Mile Markers 143.5 to
 before or after July 4th.                                                                143.0.
12. 1 day--Either on or within a week  Hermann 4th of July      Hermann, MO............  Mile Markers 98.0 to
 before or after July 4th.              Fireworks.                                        97.0.
13. 2 days--Either on or within a      St. Charles Riverfest..  St. Charles, MO........  Mile Markers 28.8 to
 week before or after July 4th.                                                           28.2.
14. 2 days--Third weekend of July....  Amelia Earhart Festival  Atchison, KS...........  Mile Markers 424.5 to
                                                                                422.0.
15. 4 days--Either the first or        Kansas City Airshow....  Kansas City, MO........  Mile Markers 366.3-
 Second week in August.                                                                   369.8.
16. 2 days--Third weekend of           Riverside Riverfest....  Riverside, MO..........  Mile Markers 372.2-
 September.                                                                               371.8.
17. 1 day--The weekend before          Parkville Christmas on   Parkville, MO..........  Mile Markers 378.0-
 Thanksgiving.                          the River.                                        377.5.
----------------------------------------------------------------------------------------------------------------
                                                 St. Croix River
----------------------------------------------------------------------------------------------------------------
18. 1 day--Either the last weekend of  Hudson Booster Days....  Hudson, WI.............  Mile Markers 17.2-16.8.
 June or first weekend of July.
19. 1 day--Either on or within a week  Stillwater 4th of July.  Stillwater, MN.........  Mile Markers 23.5-22.9.
 before or after July 4th.
20. 4 days--Third week of July.......  Lumberjack Days........  Stillwater, MN.........  Mile Markers 23.5-22.9.
----------------------------------------------------------------------------------------------------------------
                                             Upper Mississippi River
----------------------------------------------------------------------------------------------------------------
21. 1 day--Fourth weekend of May.....  Lumiere Place Memorial   St. Louis, MO..........  Mile Markers 180.5-
                                        Day Fireworks.                                    180.0.
22. 1 day--First weekend of June.....  St. Louis Brewers Guild  St. Louis, MO..........  Mile Markers 180-179.2.
                                        Festival Fireworks.
23. 1 day--2nd weekend of June.......  City of Champlin/Father  Champlin, MN...........  Upper Mississippi River
                                        Hennepin Fireworks                                mile marker 870.5 to
                                        Display.                                          872.0.
24. 1 day--The Sunday of Father's Day  Winona Steamboat Days    Winona, MN.............  Mile Markers 725.7-
 weekend.                               Fireworks.                                        725.4.
25. 1 day--Either the last weekend of  Bellevue Heritage Days.  Bellevue, IA...........  Mile Markers 556.5-
 June or first weekend of July.                                                           556.5.
26. 4 days--Either the first or        La Crosse Riverfest Air  La Crosse, WI..........  Mile Markers 698.5-
 second week of July.                   Show and Fireworks.                               697.5.
27. 1 day--4th of July weekend.......  McGregor/Marquette       McGregor, IA...........  Upper Mississippi River
                                        Chamber Commerce/                                 mile marker 635.7 to
                                        Independence Day                                  634.2.
                                        Celebration.
28. 1 day--Either on or within a week  Red, White, and Boom     Minneapolis, MN........  Mile Markers 854.5-
 before or after July 4th.              Minneapolis.                                      853.5.
29. 1 day--Either on or within a week  Mississippi Alumination  Red Wing, MN...........  Mile Markers 791.2-
 before or after July 4th.                                                                790.8.
30. 1 day--Either on or within a week  Lake City 4th of July    Lake City, MN..........  Mile Markers 772.8-
 before or after July 4th.              Fireworks.                                        772.4.

31. 1 day--Either on or within a week  Marquette Independence   Marquette, IA..........  Mile Markers 635.7-
 before or after July 4th.              Day Celebration.                                  634.2.
32. 1 day--Either on or within a week  Stars and Stripes......  Guttenberg, IA.........  Mile Markers 614-615.5.
 before or after July 4th.
33. 1 day--Either on or within a week  Radio Dubuque/Dubuque    Dubuque, IA............  Mile Markers 583.0-
 before or after July 4th.              JayCees Air Show and                              581.0.
                                        Fireworks.
34. 1 day--Either on or within a week  City of East Moline      East Moline, IA........  Mile Markers 490.2-
 before or after July 4th.              Fireworks.                                        489.8.
35. 1 day--Either on or within a week  Red, White, and Boom     Davenport, IA..........  Mile Markers 482.7-
 before or after July 4th.              Davenport.                                        482.0.
36. 1 day--Either on or within a week  Muscatine 4th of July    Muscatine, IA..........  Mile Markers 456.0-
 before or after July 4th.              Fireworks.                                        455.0.
37. 1 day--Either on or within a week  Louisiana July 4th       Louisiana, MO..........  Mile Markers 283.0-
 before or after July 4th.              Fireworks.                                        282.0.
38. 1 day--Either on or within a week  Mississippi Fireworks    Alton, IL..............  Mile Markers 203.0-
 before or after July 4th.              Festival.                                         202.5.
39. 4 days--Either on or within a      Fair St. Louis.........  St. Louis, MO..........  Mile Markers 180.0-
 week before or after July 4th.                                                           179.2.
40. 1 day--Second weekend of July....  Prairie du Chien         Prairie du Chien, WI...  Mile Markers 635.7-
                                        Fireworks.                                        635.2.
41. 2 days--Third weekend of July....  Hastings Rivertown Days  Hastings, MN...........  Mile Markers 815.2-
                                                                                813.7.
42. 1 day--Fourth weekend of July....  Aquatennial Fireworks..  Minneapolis, MN........  Mile Markers 854.2-
                                                                                853.2.
43. 1 day--Second weekend of August..  Lansing Fish Days        Lansing, IA............  Mile Markers 663.9-
                                        Fireworks.                                        662.8.
44. 2 days--First weekend of           City of Keithsburg       Keithsburg, IL.........  Mile Markers 427.5-
 September.                             Fireworks.                                        427.3.
45. 1 day--First weekend of September  Lumiere Place Labor Day  St. Louis, MO..........  Mile Markers 180.5-
                                        Fireworks.                                        180.0.
----------------------------------------------------------------------------------------------------------------

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the location,
size, and duration of the safety zones that will be in place during the
listed events. The enforcement of these safety zones is limited in size
and duration to only that necessary to ensure the safety of life during
the listed events. Additionally, this rule only modifies the existing
Table of safety zones by removing two that no longer take place, adding
one, updating the details of safety zones to ensure they are current
and accurate, and modifying the table for easier reading.

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 received no 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 zones 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. If
you believe this rule has implications for federalism or Indian tribes,
please call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969 (42 U.S.C. 4321-4370f), and have made a preliminary determination
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the amendment of existing safety zone
tables found in 33 CFR 165.801 to accurately reflect recurring safety
zones occurring on a regular basis within the Eighth Coast Guard
District. Normally such actions are categorically excluded from further
review under paragraph L60(b) of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 01, for which a Record of Environmental
Consideration is not required. However, prior to the activation of any
listed safety zone, a complete environmental review will be conducted
in accordance with DHS Instruction Manual 023-01-001-01, Rev.01 and
Commandant Instruction M16475.1D. We seek any comments or information
that may lead to the discovery of a significant environmental impact
from this rule.

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.

0
2. Revise Table 2 to Sec.  165.801 as follows:

           Table 2 to Sec.   165.801--Sector Upper Mississippi River Annual and Recurring Safety Zones
----------------------------------------------------------------------------------------------------------------
                 Date                           Event                 City, state              Safety zone
----------------------------------------------------------------------------------------------------------------
                                                 Illinois River
----------------------------------------------------------------------------------------------------------------
1. 1 day--Either on or within a week   Red, White, and Boom     Peoria, IL.............  Mile Markers 162.5-
 before or after July 4th.              Peoria.                                           162.1.
2. 1 day--Either on or within a week   Grafton Chamber 4th of   Grafton, IL............  Mile Markers 1.5-0.5.
 before or after July 4th.              July Fireworks.
----------------------------------------------------------------------------------------------------------------
                                               Lake of the Ozarks
----------------------------------------------------------------------------------------------------------------
3. 1 day--Last Sunday of May.........  Tan-Tar-A Resort         Osage Beach, MO........  Mile Markers 26.2-25.8.
                                        Memorial Day Fireworks.
4. 1 day--Last Sunday of May.........  Lodge of the Four        Lake Ozark, MO.........  Mile Markers 14.2-13.8.
                                        Seasons Memorial Day
                                        Fireworks.
5. 1 day--Either on or within a week   Tan-Tar-A Resort 4th of  Osage Beach, MO........  Mile Markers 26.2-25.8.
 before or after July 4th.              July Fireworks.
6. 1 day--Either on or within a week   Lodge of the Four        Lake Ozark, MO.........  Mile Markers 14.2-13.8.
 before or after July 4th.              Seasons 4th of July
                                        Fireworks.
7. 1 day--First weekend of September.  Tan-Tar-A Resort Labor   Osage Beach, MO........  Mile Markers 26.2-25.8.
                                        Day Fireworks.
8. 1 day--First weekend of September.  Lodge of the Four        Lake Ozark, MO.........  Mile Markers 14.2-13.8.
                                        Seasons Labor Day
                                        Fireworks.
----------------------------------------------------------------------------------------------------------------
                                                 Missouri River
----------------------------------------------------------------------------------------------------------------
9. 1 day--Either the last weekend of   KC Riverfest...........  Kansas City, MO........  Mile Markers 365.5-
 June or first weekend of July.                                                           364.8.
10. 1 day--Either on or within a week  Parkville 4th of July    Parkville, MO..........  Mile Markers 378.0-
 before or after July 4th.              Fireworks.                                        377.5.
11. 1 day--Either on or within a week  Salute to America......  Jefferson City, MO.....  Mile Markers 143.5 to
 before or after July 4th.                                                                143.0.
12. 1 day--Either on or within a week  Hermann 4th of July      Hermann, MO............  Mile Markers 98.0 to
 before or after July 4th.              Fireworks.                                        97.0.
13. 2 days--Either on or within a      St. Charles Riverfest..  St. Charles, MO........  Mile Markers 28.8 to
 week before or after July 4th.                                                           28.2.
14. 2 days--Third weekend of July....  Amelia Earhart Festival  Atchison, KS...........  Mile Markers 424.5 to
                                                                                422.0.
15. 4 days--Either the first or        Kansas City Airshow....  Kansas City, MO........  Mile Markers 366.3-
 second week in August.                                                                   369.8.

16. 2 days--Third weekend of           Riverside Riverfest....  Riverside, MO..........  Mile Markers 372.2-
 September.                                                                               371.8.
17. 1 day--The weekend before          Parkville Christmas on   Parkville, MO..........  Mile Markers 378.0-
 Thanksgiving.                          the River.                                        377.5.
----------------------------------------------------------------------------------------------------------------
                                                 St. Croix River
----------------------------------------------------------------------------------------------------------------
18. 1 day--Either the last weekend of  Hudson Booster Days....  Hudson, WI.............  Mile Markers 17.2-16.8.
 June or first weekend of July.
19. 1 day--Either on or within a week  Stillwater 4th of July.  Stillwater, MN.........  Mile Markers 23.5-22.9.
 before or after July 4th.
20. 4 days--Third week of July.......  Lumberjack Days........  Stillwater, MN.........  Mile Markers 23.5-22.9.
----------------------------------------------------------------------------------------------------------------
                                             Upper Mississippi River
----------------------------------------------------------------------------------------------------------------
21. 1 day--Fourth weekend of May.....  Lumiere Place Memorial   St. Louis, MO..........  Mile Markers 180.5-
                                        Day Fireworks.                                    180.0.
22. 1 day--First weekend of June.....  St. Louis Brewers Guild  St. Louis, MO..........  Mile Markers 180-179.2.
                                        Festival Fireworks.
23. 1 day--2nd weekend of June.......  City of Champlin/Father  Champlin, MN...........  Upper Mississippi River
                                        Hennepin Fireworks                                mile marker 870.5 to
                                        Display.                                          872.0.
24. 1 day--The Sunday of Father's Day  Winona Steamboat Days    Winona, MN.............  Mile Markers 725.7-
 weekend.                               Fireworks.                                        725.4.
25. 1 day--Either the last weekend of  Bellevue Heritage Days.  Bellevue, IA...........  Mile Markers 556.5-
 June or first weekend of July.                                                           556.5.
26. 4 days--Either the first or        La Crosse Riverfest Air  La Crosse, WI..........  Mile Markers 698.5-
 second week of July.                   Show and Fireworks.                               697.5.
27. 1 day--4th of July weekend.......  McGregor/Marquette       McGregor, IA...........  Upper Mississippi River
                                        Chamber Commerce/                                 mile marker 635.7 to
                                        Independence Day                                  634.2.
                                        Celebration.
28. 1 day--Either on or within a week  Red, White, and Boom     Minneapolis, MN........  Mile Markers 854.5-
 before or after July 4th.              Minneapolis.                                      853.5.
29. 1 day--Either on or within a week  Mississippi Alumination  Red Wing, MN...........  Mile Markers 791.2-
 before or after July 4th.                                                                790.8.
30. 1 day--Either on or within a week  Lake City 4th of July    Lake City, MN..........  Mile Markers 772.8-
 before or after July 4th.              Fireworks.                                        772.4.
31. 1 day--Either on or within a week  Marquette Independence   Marquette, IA..........  Mile Markers 635.7-
 before or after July 4th.              Day Celebration.                                  634.2.
32. 1 day--Either on or within a week  Stars and Stripes......  Guttenberg, IA.........  Mile Markers 615.5-
 before or after July 4th.                                                                615.0.
33. 1 day--Either on or within a week  Radio Dubuque/Dubuque    Dubuque, IA............  Mile Markers 583.0-
 before or after July 4th.              JayCees Air Show and                              581.0.
                                        Fireworks.
34. 1 day--Either on or within a week  City of East Moline      East Moline, IA........  Mile Markers 490.2-
 before or after July 4th.              Fireworks.                                        489.8.
35. 1 day--Either on or within a week  Red, White, and Boom     Davenport, IA..........  Mile Markers 482.7-
 before or after July 4th.              Davenport.                                        482.0.
36. 1 day--Either on or within a week  Muscatine 4th of July    Muscatine, IA..........  Mile Markers 456.0-
 before or after July 4th.              Fireworks.                                        455.0.
37. 1 day--Either on or within a week  Louisiana July 4th       Louisiana, MO..........  Mile Markers 283.0-
 before or after July 4th.              Fireworks.                                        282.0.
38. 1 day--Either on or within a week  Mississippi Fireworks    Alton, IL..............  Mile Markers 203.0-
 before or after July 4th.              Festival.                                         202.5.
39. 4 days--Either on or within a      Fair St. Louis.........  St. Louis, MO..........  Mile Markers 180.0-
 week before or after July 4th.                                                           179.2.
40. 1 day--Second weekend of July....  Prairie du Chien         Prairie du Chien, WI...  Mile Markers 635.7-
                                        Fireworks.                                        635.2.
41. 2 days--Third weekend of July....  Hastings Rivertown Days  Hastings, MN...........  Mile Markers 815.2-
                                                                                813.7.
42. 1 day--Fourth weekend of July....  Aquatennial Fireworks..  Minneapolis, MN........  Mile Markers 854.2-
                                                                                853.2.
43. 1 day--Second weekend of August..  Lansing Fish Days        Lansing, IA............  Mile Markers 663.9-
                                        Fireworks.                                        662.8.
44. 2 days--First weekend of           City of Keithsburg       Keithsburg, IL.........  Mile Markers 427.5-
 September.                             Fireworks.                                        427.3.
45. 1 day--First weekend of September  Lumiere Place Labor Day  St. Louis, MO..........  Mile Markers 180.5-
                                        Fireworks.                                        180.0.
----------------------------------------------------------------------------------------------------------------

    Dated: September 6, 2019.
S.A. Stoermer,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi
River.
[FR Doc. 2019-19812 Filed 9-12-19; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register: October 16, 2007 (Volume 72, Number 199)]
[Notices]
[Page 58694-58696]
[DOCID:fr16oc07-121]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56632; File No. SR-CBOE-2007-82]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing of a Proposed Rule Change as Modified by
Amendment No. 1 Thereto To Allow the Exchange To List Up to Seven
Expiration Months for Broad-Based Security Index Options Upon Which the
Exchange Calculates a Constant Three-Month Volatility Index

October 9, 2007.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on July 17, 2007, the Chicago Board Options Exchange, Incorporated (
``Exchange'' or ``CBOE'') filed with the Securities and Exchange
Commission (the ``Commission'') the proposed rule change as described
in Items I, II, and III below, which Items have been substantially
prepared by the Exchange. On September 19, 2007, CBOE filed Amendment
No. 1 to the proposed rule change. The Commission is publishing this
notice to solicit comments on the proposed rule change, as amended,
from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend Rule 24.9(a)(2), Terms of Index
Option Contracts, to allow the Exchange to list up to seven expiration
months for broad-based security index options upon which the Exchange
calculates a constant three-month volatility index. The Exchange also
proposes to remove outdated rule text from Rule 24.9(a)(2). The text of
the rule proposal is available on the Exchange's Web site (http://www.cboe.org/legal
), at the Exchange's Office of the Secretary, and at

the Commission.

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

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

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

1. Purpose
    The purpose of this rule filing is to amend Rule 24.9(a)(2), Terms
of Index Options, to allow the Exchange to list up to seven expiration
months for broad-based security index options upon which the Exchange
calculates a constant three-month volatility index. Currently, Rule
24.9(a)(2) permits the Exchange to list only six expiration months in
any index options at any one time.
    Volatility products offer investors a unique set of tools for
speculating and hedging. For example, CBOE Volatility Index (``VIX'')
options, first introduced in February 2006, have proven to be one of
the Exchange's most successful new products ever listed, currently
averaging over 90,000 contracts traded per day. The Exchange plans to
introduce new volatility products and new volatility indexes in the
near future. One such index is the CBOE S&P 500 Three-Month Volatility
Index (``VXV'').\3\
---------------------------------------------------------------------------

    \3\ The Exchange calculates volatility indexes on other broad-
based security indexes, such as the Dow Jones Industrial Average
index (``DJX''), the Nasdaq-100 index (``NDX''), and the Russell
2000 index (``RUT''). The Exchange may calculate a constant three-
month volatility index on DJX, NDX or RUT in the future.
---------------------------------------------------------------------------

    Similar to the VIX, the VXV is a measure of S&P 500 implied
volatility--the volatility implied by S&P option prices--but instead of
reflecting a constant 1-month implied volatility period, VXV is
designed to reflect the implied volatility of an option with a constant
3 months to expiration. Since there is only one day on which an option
has exactly 3 months to expiration, VXV is calculated as a weighted
average of options expiring immediately before and immediately after
the three-month standard. Accordingly, the Exchange would need to use
four consecutive expiration months in order to calculate a constant
three-month volatility index.
    Under the current application of CBOE Rule 24.9(a)(2), the Exchange
generally lists three consecutive near term months and three months on
a quarterly expiration cycle. One of the three consecutive near term
months is always a quarterly month; however, that near term contract
month (which is also a quarterly month) is not included as part of the
three months listed on a quarterly expiration cycle. Therefore, in
order to permit the addition of four consecutive near term months under
current Rule 24.9(a)(2), the Exchange would only be able to list two
months on a quarterly expiration cycle. Because of customer demand and
other investment strategy reasons for having three months on a
quarterly expiration cycle, the Exchange is seeking to increase, from
six to seven, the number of expiration months for broad-based security
index options upon which the Exchange calculates a constant three-month
volatility index.
    Without this proposed rule change, if the Exchange calculated a
three-month volatility using only three consecutive near term months,
this would result in the VXV being calculated with options expiring
three months apart about one-third of the time. Another one-third of
the time, VXV would be calculated with options expiring two months
apart. And the final one-third of the time, VXV

would be calculated with options expiring one month apart. As a result,
the calculation of the three-month VXV under current Rule 24.9(a)(2)
would render the VXV subject to inconsistencies that may make the index
unattractive as an underlying for volatility products.
    The proposed rule change will permit the Exchange, eight times a
year, to add an additional seventh month in order to maintain four
consecutive near term contract months. The following examples
illustrate the need for a seventh month in order to maintain four
consecutive near term contract months. In the following examples, ``X''
represents RUT contract months that will be listed under the current
application of Rule 24.9(a)(2).

    Example 1: After September 2007 expiration, under the proposed
rule change, the Exchange will list January 2008 RUT contracts in
order to have four consecutive near term contract months.

----------------------------------------------------------------------------------------------------------------
               Consecutive near term months                                                 March quarterly
----------------------------------------------------------                                  expiration cycle
                                                                    7th Month         --------------------------
                 Oct 07                   Nov 07   Dec 07                               Mar 08  June 08  Sept 08
----------------------------------------------------------------------------------------------------------------
X......................................        X        X  Jan 08....................        X        X        X
----------------------------------------------------------------------------------------------------------------

    Example 2: After October 2007 expiration, under the proposed
rule change, the Exchange will list February 2008 RUT contracts in
order to have four consecutive near term contract months.

----------------------------------------------------------------------------------------------------------------
               Consecutive near term months                                                 March quarterly
----------------------------------------------------------                                  expiration cycle
                                                                    7th Month         --------------------------
                 Nov 07                   Dec 07   Jan 07                               Mar 08  June 08  Sept 08
----------------------------------------------------------------------------------------------------------------
X......................................        X        X  Feb 08....................        X        X        X
----------------------------------------------------------------------------------------------------------------

    Example 3: After November 2007 expiration, the Exchange will not
have to add a seventh RUT contract month because there will already
be four consecutive near term contract months.

----------------------------------------------------------------------------------------------------------------
               Consecutive near term months                                                 March quarterly
----------------------------------------------------------                                  expiration cycle
                                                                    7th Month         --------------------------
                 Dec 07                   Jan 08   Feb 08                               Mar 08  June 08  Sept 08
----------------------------------------------------------------------------------------------------------------
X......................................        X        X  N/A.......................        X        X        X
----------------------------------------------------------------------------------------------------------------

    Example 4: After December 2007 expiration, under the proposed
rule change, the Exchange will list April 2008 RUT contracts in
order to have four consecutive near term contract months, and to
maintain three contract months on the March quarterly expiration
cycle, the Exchange will list December 2008 RUT contracts.

----------------------------------------------------------------------------------------------------------------
               Consecutive near term months                                                 March quarterly
----------------------------------------------------------                                  expiration cycle
                                                                    7th Month         --------------------------
                 Jan 08                   Feb 08   Mar 08                              June 08  Sept 08   Dec 08
----------------------------------------------------------------------------------------------------------------
X......................................        X        X  April 08..................        X        X        X
----------------------------------------------------------------------------------------------------------------

    Therefore, the Exchange believes that the addition of a fourth
consecutive near-term month for broad-based security index options upon
which the Exchange calculates a constant three-month volatility index
will result in a consistent calculation in which the option series that
bracket three months to expiration will always expire one month apart.
In order to accommodate the listing of a fourth consecutive near-term
month and to maintain the listing of three months on a quarterly
expiration cycle, the Exchange proposes the increase, from six to
seven, the number of expiration months for broad-based security indexes
on which the Exchange calculates a constant three-month volatility
index.
    The Exchange also proposes to remove outdated rule text from Rule
24.9(a)(2). Specifically, the Exchange proposes to delete the provision
that permitted the Exchange to list up to seven expiration months at
anyone time for the SPX, MNX and DJX index option contracts, provided
that one of those expiration months is November 2004.\4\ This allowance
has since expired and should be deleted from the Exchange's Rulebook.
---------------------------------------------------------------------------

    \4\ This provision was added in July 2004 in response to
customer demand for index options expiring in November 2004 to hedge
positions in stocks overlying particular index options or to hedge
market exposure to the equity markets generally against the
uncertainty presented by the elections. See Securities Exchange Act
Release No. 50063 (July 22, 2004), 69 FR 45357 (July 29, 2004)(SR-
CBOE-2004-49).

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

Capacity
    CBOE has analyzed its capacity and represents that it believes the
Exchange and the Options Price Reporting Authority have the necessary
systems capacity to handle the additional traffic associated with the
additional listing of a seventh contract month in order to maintain
four consecutive near term contract months for those broad-based
security index options upon which the Exchange calculates a constant
three-month volatility index.
2. Statutory Basis
    Because the increase in the number of expiration months is limited
to broad-based security indexes upon which the Exchange calculates a
constant three-month volatility and because the series could be added
without presenting capacity problems, the Exchange believes the rule
proposal is consistent with the Act and the rules and regulations under
the Act applicable to a national securities exchange and, in
particular, the requirements of Section 6(b) of the Act.\5\
Specifically, the Exchange believes that the proposed rule change is
consistent with the Section 6(b)(5) Act \6\ requirements that the rules
of an exchange be designed to promote just and equitable principles of
trade, to prevent fraudulent and manipulative acts and, in general, to
protect investors and the public interest.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    CBOE does not believe that the proposed rule change will impose any
burden on competition not necessary or appropriate in furtherance of
purposes of the Act.

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

    The Exchange neither solicited nor received comments on the
proposal.

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve such proposed rule change, or
    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-CBOE-2007-82 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2007-82. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of CBOE. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-CBOE-2007-82 and should be
submitted on or before November 6, 2007.
    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(12).

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-20361 Filed 10-15-07; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 166 (Tuesday, August 27, 2013)]
[Rules and Regulations]
[Pages 52857-52860]
[FR Doc No: 2013-20750]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2013-0446; FRL-9900-39-Region 7]

Approval and Promulgation of Implementation Plans; State of Iowa

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is approving revisions to the State Implementation Plan
(SIP) for the state of Iowa. The purpose of these revisions is to
update the Polk County Board of Health Rules and Regulations, Chapter
V, Air Pollution. The revisions reflect updates to the Iowa statewide
rules previously approved by EPA and will ensure consistency between
the applicable local agency rules and Federally-approved rules.

DATES: This direct final rule will be effective October 28, 2013
without further notice, unless EPA receives adverse comment by
September 26, 2013. If EPA receives adverse comment, we will publish a
timely withdrawal of the direct final rule in the Federal Register
informing the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2013-0446, by one of the following methods:
    1. www.regulations.gov. Follow the on-line instructions for
submitting comments.

    2. Email<EMAIL_ADDRESS>    3. Mail or Hand Delivery: Michael Jay, Environmental Protection
Agency, Air Planning and Development Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219.
    Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2013-0446. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit through www.regulations.gov or
email information that you consider to be CBI or otherwise protected.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through www.regulations.gov, your
email address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy
form. Publicly available docket materials are available either
electronically in www.regulations.gov or in hard copy at the
Environmental Protection Agency, Air Planning and Development Branch,
11201 Renner Boulevard, Lenexa, Kansas 66219. The Regional Office's
official hours of business are Monday through Friday, 8:00 a.m. to 4:30
p.m. excluding legal holidays. The interested persons wanting to
examine these documents should make an appointment with the office at
least 24 hours in advance.

FOR FURTHER INFORMATION CONTACT: Michael Jay, Environmental Protection
Agency, Air Planning and Development Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219 at<PHONE_NUMBER>, or by email at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' refer to EPA. This section provides additional information by
addressing the following questions:

I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. What action is EPA taking?

I. What is being addressed in this document?

    The State of Iowa has requested EPA approval of revisions to the
local agency's Rules and Regulations, Chapter V, ``Air Pollution,'' as
a revision to the SIP. In order for the local program's ``Air
Pollution'' rules to be incorporated into the Federally-enforceable
SIP, on behalf of the local agency, the State must submit the formally
adopted regulations and control strategies, which are consistent with
the State and Federal requirements, to EPA for inclusion in the SIP.
The regulation adoption process generally includes public notice, a
public comment period and a public hearing, and formal adoption of the
rule by the State authorized rulemaking body. In this case, that
rulemaking body is the local agency. After the local agency formally
adopts the rule, the local agency submits the rulemaking to the State,
and then the State submits the rulemaking to EPA for consideration for
formal action (inclusion of the rulemaking into the SIP). EPA must
provide public notice and seek additional public comment regarding the
proposed Federal action on the State's submission.
    EPA received the request from the State to adopt revisions to the
local air agency rules into the SIP on September 23, 2011. The
revisions were adopted by the local agency on July 26, 2011, and became
effective on August 3, 2011. EPA is approving the requested revisions
to the Iowa SIP relating to the following:
     Article I. In General, Section 5-1. Purpose and Ambient
Air Quality Standards;
     Article I. In General, Section 5-2. Definitions;
     Article III. Incinerator and Open Burning, Section 5-7.
Open Burning Prohibited;
     Article X. Permits, Division I. Construction Permits,
Section 5-33. Exemptions From Permit Requirements;
     Article X. Permits, Division I. Construction Permits,
Section 5-35. Operating Permit Required.
    EPA's action does not cover revisions to:
     Article VI. Emission of Air Contaminants From Industrial
Process, Section 5-17. Excess Emissions;
     Article VI, Sections 5-16 (n), (o), and (p) which pertain
to New Source Performance Standards (NSPS);
     Article VIII, which pertain to National Emission Standards
Hazardous Air Pollutants (NESHAPS).

II. Have the requirements for approval of a SIP revision been met?

    The state submittal has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submittal also
satisfied the completeness criteria of 40 CFR part 51, appendix V.

III. What action is EPA taking?

    We are taking direct final action to approve the amendments to the
Polk County Board of Health Rules and Regulations, Chapter V, ``Air
Pollution.'' The local agency routinely revises its ``Air Pollution''
regulations to be consistent with the Federally-approved Iowa
Administrative Code. The local agency's ``Air Pollution'' rules are
consistent with State and Federal regulations and were revised as
follows:
    Article I, Section 5-1(b) was revised to cite the cross-reference
to the approved State rules at (455B). Section 5-1(c) revised the
amendment dates for each chapter of the Federally-approved State rules.
Section 5-2 added the definitions for Greenhouse gases, Regulated NSR
pollutant, Subject to regulation, and revised the definition of major
stationary source.
    Article III, Section 5-7, addresses open burning regulations and a
section was added that states these rules do not apply to outdoor patio
heaters burning natural gas, propane, or alcohol. This section further
states that such heaters shall not be used for burning refuse, rubbish
or garbage.
    A revision was made to Article X, Division 1, Construction Permits,
Section 5-33(6) that refers to incinerators and pyrolysis cleaning
furnaces with a manufacturer's design capacity less than 25 pounds per
hour. The sentence that refers to single family dwelling's compliance
with Section 5-16 was removed. An addition to the pyrolysis cleaning
furnace exemption added electric-use furnaces. Under this same article,
bathroom vent emissions,

including toilet vent emissions was added to the list of exemptions.
    Article X, Division 2, Operating Permits, Section 5-35, (b)(1) and
(b)(2) added the phrase ``subject to regulation'' to differentiate from
pollutants that are not regulated. Under this same article and section,
a paragraph was added to address greenhouse gas emissions at a
stationary source that emits or has the potential to emit less than
100,000 tons per year of carbon dioxide equivalent emissions. Under
this same article, bathroom vent emissions, including toilet vent
emissions was added to the list of exemptions.
    We are publishing this rule without a prior proposed rule because
we view this as a noncontroversial amendment and anticipate no adverse
comment because the revisions are largely administrative and consistent
with Federal regulations. However, in the ``Proposed Rules'' section of
today's Federal Register, we are publishing a separate document that
will serve as the proposed rule to approve the SIP revision if adverse
comments are received on this direct final rule. We will not institute
a second comment period on this action. Any parties interested in
commenting must do so at this time. For further information about
commenting on this rule, see the ADDRESSES section of this document.
    If EPA receives adverse comment, we will publish a timely
withdrawal in the Federal Register informing the public that this
direct final rule will not take effect. We will address all public
comments in any subsequent final rule based on the proposed rule.

Statutory and Executive Order Reviews

    Under the CAA, 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, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 28, 2013. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: August 1, 2013.
Mark Hague,
Acting Regional Administrator, Region 7.
    Chapter I, title 40 of the Code of Federal Regulations is amended
as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart Q--Iowa

0
2. In 52.820 the table in paragraph (c) is amended by revising the
entry for ``Chapter V'' under the heading ``Polk County'' to read as
follows:

Sec.  52.820  Identification of plan.

* * * * *
    (c) * * *

                                          EPA-Approved Iowa Regulations
----------------------------------------------------------------------------------------------------------------
                                                          State
          Iowa citation                  Title          effective    EPA approval date         Explanation
                                                           date
----------------------------------------------------------------------------------------------------------------
                 Iowa Department of Natural Resources Environmental Protection Commission [567]
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
                                                  * * * * * * *
                                                   Polk County
----------------------------------------------------------------------------------------------------------------
CHAPTER V.......................  Polk County Board       08/03/11  08/27/13 [insert     Article I, Section 5-2,
                                   of Health Rules                   Federal Register     definition of
                                   and Regulations                   page number where    ``variance''; Article
                                   Air Pollution                     the document         VI, Sections 5-16(n),
                                   Chapter V.                        begins].             (o) and (p); Article
                                                                                VIII;; Article IX,
                                                                                Sections 5-27(3) and
                                                                                (4); Article X,
                                                                                Section 5-28,
                                                                                subsections (a)
                                                                                through (c); Article
                                                                                XIII and Article XVI,
                                                                                Section 5-75 are not
                                                                                part of the SIP.
                                                                                Article VI, Section 5-
                                                                                17, adopted by Polk
                                                                                County on 7/26/2011,
                                                                                is not part of the
                                                                                SIP, and the
                                                                                previously approved
                                                                                version of Article VI,
                                                                                Section 5-17 remains
                                                                                part of the SIP.
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2013-20750 Filed 8-26-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 248 (Thursday, December 26, 2013)]
[Rules and Regulations]
[Page 78275]
[FR Doc No: 2013-30806]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 219

[Docket No. FRA-2001-11213, Notice No. 17]

Alcohol and Drug Testing: Determination of Minimum Random Testing
Rates for 2014

AGENCY: Federal Railroad Administration (FRA), DOT.

ACTION: Notice of determination.

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SUMMARY: According to data from FRA's Management Information System,
the rail industry's random drug testing positive rate has remained
below 1.0 percent for the last two years. FRA's Administrator has
therefore determined that the minimum annual random drug testing rate
for the period January 1, 2014, through December 31, 2014, will remain
at 25 percent of covered railroad employees. In addition, because the
industry-wide random alcohol testing violation rate has remained below
0.5 percent for the last two years, the Administrator has determined
that the minimum random alcohol testing rate will remain at 10 percent
of covered railroad employees for the period January 1, 2014, through
December 31, 2014. Railroads remain free, as always, to conduct random
testing at higher rates.

DATES: This notice of determination is effective December 26, 2013.

FOR FURTHER INFORMATION CONTACT: Jerry Powers, FRA Drug and Alcohol
Program Manager, W38-105, Federal Railroad Administration, 1200 New
Jersey Avenue SE., Washington, DC 20590, (telephone<PHONE_NUMBER>); or
Sam Noe, FRA Drug and Alcohol Program Specialist, (telephone 615-719-
2951).

    Issued in Washington, DC on December 20, 2013.
Karen J. Hedlund,
Deputy Administrator.
[FR Doc. 2013-30806 Filed 12-24-13; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 80, Number 8 (Tuesday, January 13, 2015)]
[Notices]
[Pages 1633-1634]
[FR Doc No: 2015-00307]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2014-0045; FRL--9920-10-OEI]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; NSPS for Municipal Waste Combustors
(Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency has submitted an
information collection request (ICR), ``NSPS for Municipal Waste
Combustors (40 CFR part 60, subparts Ea and Eb) (Renewal)'' (EPA ICR
No. 1506.13, OMB Control No. 2060-0210) to the Office of Management and
Budget (OMB) for review and approval in accordance with the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.). This is a proposed extension of
the ICR, which is currently approved through January 31, 2015. Public
comments were previously requested via the Federal Register (79 FR
30117) on May 27, 2014, during a 60-day comment period. This notice
allows for an additional 30 days for public comments. A fuller
description of the ICR is given below, including its estimated burden
and cost to the public. An Agency may not conduct or sponsor and a
person is not required to respond to a collection of information unless
it displays a currently valid OMB control number.

DATES: Additional comments may be submitted on or before February 12,
2015.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OECA-2014-0045, to (1) EPA online using www.regulations.gov (our
preferred method), by email to<EMAIL_ADDRESS>or by mail to: EPA
Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW., Washington, DC 20460, and (2) OMB via email to
<EMAIL_ADDRESS>Address comments to OMB Desk Officer for
EPA.
    EPA's policy is that all comments received will be included in the
public

docket without change including any personal information provided,
unless the comment includes profanity, threats, information claimed to
be Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Patrick Yellin, Monitoring,
Assistance, and Media Programs Division, Office of Compliance, Mail
Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave.
NW., Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, William
Jefferson Clinton West, Room 3334, 1301 Constitution Ave. NW.,
Washington, DC. The telephone number for the Docket Center is 202-566-
1744. For additional information about EPA's public docket, visit
http://www.epa.gov/dockets.
    Abstract: These standards apply to each municipal waste combustor
(MWC) unit with a capacity greater than 250 tons per day of municipal
solid waste which commenced construction, modification or
reconstruction after December 20, 1989. MWCs are required to keep
records and periodically report their compliance status. Information
required by the NSPS is necessary to ensure that emission standards are
attained and that MWC's are properly operated and maintained.
    Form Numbers: None.
    Respondents/affected entities: Owners and operators of municipal
waste combustor units.
    Respondent's obligation to respond: Mandatory (40 CFR part 60,
subparts Ea and Eb).
    Estimated number of respondents: 13 (total).
    Frequency of response: Initially, quarterly, semiannually, and
annually.
    Total estimated burden: 20,272 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $1,897,888 (per year), includes $136,636
annualized capital or operation & maintenance costs.
    Changes in the Estimates: There is a decrease of 149 hours in the
total estimated respondent burden compared with the ICR currently
approved by OMB. These changes are due to the following adjustments:
(1) The number of sources subject to each Subpart was revised to
reflect more recent information obtained through the Agency's research
within the MWC sector; (2) the number of sources required to submit
initial notification and site analysis was corrected to reflect this
activity as a burden only for new sources, rather than for existing
sources; (3) several mathematical errors in calculating burden costs
were corrected; and (4) all estimates were updated using more recent
labor rates.

Courtney Kerwin,
Acting Director, Collection Strategies Division.
[FR Doc. 2015-00307 Filed 1-12-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: June 20, 2007 (Volume 72, Number 118)]
[Notices]
[Page 33997]
[DOCID:fr20jn07-76]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 [Docket No. CP06-90-002]

WTG Hugoton, LP; Notice of Compliance Filing

June 13, 2007.
    Take notice that on June 1, 2007, WTG Hugoton (WTG) tendered for
filing as part of its FERC Gas Tariff, Original Volume No. 1, Original
Sheet Nos. 0 through 417.
    WTG states that the filing is being made in compliance with the
Commission's April 10, 2007 order in Docket Nos. CP06-89, et al.,
related to WTG's acquisition of certain public facilities from Northern
Natural Gas Company, in order to implement open access service under
the terms of the certificate of public convenience and necessity issued
by the Commission.
    Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing 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. Such protests
must be filed in accordance with the provisions of Section 154.210 of
the Commission's regulations (18 CFR 154.210). Anyone filing a protest
must serve a copy of that document on all the parties to the
proceeding.
    The Commission encourages electronic submission of protests in lieu
of paper using the ``eFiling'' link at http://www.ferc.gov. Persons

unable to file electronically should submit an original and 14 copies
of the protest to the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is 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 docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-11875 Filed 6-19-07; 8:45 am]

BILLING CODE 6717-01-P