[Federal Register Volume 78, Number 167 (Wednesday, August 28, 2013)]
[Proposed Rules]
[Pages 53104-53107]
[FR Doc No: 2013-20685]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2013-0639]
RIN 1625-AA09

Drawbridge Operation Regulation; Hackensack River, Kearny and
Jersey City, NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to temporarily modify the operating
schedule that governs the Route 1 & 9 (Lincoln Highway) Bridge across
the Hackensack River, mile 2.0, between Kearny and Jersey City, New
Jersey. The bridge owner, New Jersey Department of Transportation,
submitted a request to restrict bridge openings during the morning and
afternoon rush hour periods to alleviate traffic congestion resulting
from area roadway closures. It is expected that this change to the
regulations would provide relief to vehicular traffic while continuing
to meet the reasonable needs of navigation.

DATES: Comments and related material must be received by the Coast
Guard on or before October 28, 2013.

ADDRESSES: You may submit comments identified by docket number USCG-
2013-0639 using any one of the following methods:
    (1) Federal Rulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC, 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is<PHONE_NUMBER>.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments. To avoid duplication, please use only one of these
four methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Mr. Joe Arca, Project Officer, First Coast Guard
District Bridge Program, telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing or submitting
material to the docket, call Barbara Hairston, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Tables of Acronyms

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

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change to http://www.regulations.gov and will include any
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2013-0639), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (http://

www.regulations.gov), or by fax, mail or hand delivery, but please use
only one of these means. If you submit a comment online via http://www.regulations.gov, it will be considered received by the Coast Guard
when you successfully transmit the comment. If you fax, hand deliver,
or mail your comment, it will be considered as having been received by
the Coast Guard when it is received at the Docket Management Facility.
We recommend that you include your name and a mailing address, an email
address, or a phone number in the body of your document so that we can
contact you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
type the docket number USCG-2013-0639 in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking. If you submit your comments by mail or hand delivery,
submit them in an unbound format, no larger than 8\1/2\; by 11 inches,
suitable for copying and electronic filing. If you submit them by mail
and would like to know that they reached the Facility, please enclose a
stamped, self-addressed postcard or envelope. We will consider all
comments and material received during the comment period and may change
the rule based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number (USCG-2013-0639) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit either the Docket Management
Facility in Room W12-140 on the ground floor of the Department of
Transportation West Building, 1200 New Jersey Avenue SE., Washington,
DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. We have an agreement with the Department of
Transportation to use the Docket Management Facility.

3. Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why one would be beneficial. If we determine
that one would aid this rulemaking, we will hold one at a time and
place announced by a later notice in the Federal Register.

B. Basis and Purpose

    The Route 1 & 9 (Lincoln Highway) Bridge at mile 2.0, across the
Hackensack River between Kearny and Jersey City, New Jersey, has a
vertical clearance of 40 feet at mean high water and 45 feet at mean
low water. The drawbridge operation regulations are listed at 33 CFR
117.723.
    The waterway users are recreational and commercial vessels.
    The owner of the bridge, New Jersey Department of Transportation,
submitted a request to the Coast Guard to temporarily change the
drawbridge operating regulations.
    The purpose of this temporary rule is to help provide relief from
vehicular traffic congestion during the morning and afternoon vehicular
rush hour periods due to local construction detours. Vehicular traffic
will be detoured for two years from the adjacent Pulaski Skyway Bridge
which will be under construction to replace its deck commencing on
March 1, 2014 and continuing through March 1, 2016.
    The existing regulations require the bridge to open on signal at
all times.
    Under this proposed temporary rule the Route 1 & 9 (Lincoln
Highway) Bridge would open on signal; except that, the draw need not
open for the passage of vessel traffic between 6 a.m. and 10 a.m. and 2
p.m. and 6 p.m., Monday through Friday, except holidays
    Tide dependent deep draft vessels may request bridge openings
during the rush hour closure periods provided at least a twelve hour
advance notice is given by calling the number posted at the bridge.

 C. Discussion of Proposed Rule

    The Coast Guard proposes to change the drawbridge operation
regulations at 33 CFR 117.723 by adding paragraph (i) to allow the
bridge owner to keep the Route 1 & 9 (Lincoln Highway) Bridge in the
closed position during the morning and afternoon rush hour periods
between 6 a.m. and 10 a.m. and 2 p.m. and 6 p.m., Monday through
Friday, except holidays, to facilitate additional vehicular traffic
detoured from the Pulaski Skyway Bridge which will be under
construction from March 1, 2014 through March 1, 2016.
    Tide dependent, deep draft vessels would be able to request bridge
openings during the rush hour closure periods provided at least a
twelve hour advance notice is given by calling the number posted at the
bridge.
    Based on the above information, the Coast Guard believes it is
reasonable to allow the Route 1 & 9 (Lincoln Highway) Bridge to remain
in the closed position during the morning and afternoon rush hours to
facilitate additional vehicular traffic detoured during the two year
bridge deck replacement project at the Pulaski Skyway Bridge from March
1, 2014 through March 1, 2016.
    The twelve hour advance notice requirement for bridge openings
during the rush hour periods gives mariners ample time to plan and
optimize their transits through the waterway and also gives the bridge
owner the opportunity to alert commuters of any expected delays caused
by pending bridge openings.
    If the Route 1 & 9 Bridge opened frequently for vessel traffic
during the morning and afternoon rush hours, given the additional
detoured vehicular traffic, it likely would result in significant
vehicular traffic delays that could impact the ability for emergency
vehicles to respond to emergency situations.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Order 12866, or under
section 1 of Executive Order 13563. The Office of Management and Budget
has not reviewed it under those Orders. We believe that this rule is
not a significant regulatory action because the bridge provides
adequate clearance for recreational vessels to transit the bridge in
the closed position and the commercial vessels will be able to request
openings between 6 p.m. and 6 a.m. and again, from 10 a.m. until 2 p.m.
provided the requisite advance notice is given by calling the number

posted at the bridge. Additionally, commercial deep draft vessel
traffic may request bridge openings during the closure periods if at
least a twelve hour advance notice is given.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities.
    This proposed rule would affect the following entities, some of
which might be small entities: The owners or operators of vessels
needing to transit through the bridge between 6 a.m. and 10 a.m. or
between 2 p.m. and 6 p.m.
    This action will not have a significant economic impact on a
substantial number of small entities for the following reasons: The
bridge provides 40 feet of vertical clearance at mean high water that
should accommodate all the present vessel traffic except deep draft
vessels. The bridge will continue to open on signal for commercial deep
draft vessel traffic provided at least a twelve hour advance notice is
given. Additionally, all other vessels can transit the bridge between 6
p.m. and 6 a.m. and again, from 10 a.m. until 2 p.m. provided the
requisite amount of notice is given.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION
CONTACT, above.
    The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.

4. Collection of Information

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

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
have determined that it does not have implications for federalism.

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

    This proposed 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.

10. Protection of Children

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

11. Indian Tribal Governments

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

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01, and Commandant Instruction
M16475.lD which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have
made a preliminary determination that this action is one of a category
of actions which do not individually or cumulatively have a significant
effect on the human environment. This proposed rule simply promulgates
the operating regulations or procedures for drawbridges. This rule is
categorically excluded, under figure 2-1, paragraph (32)(e), of the
Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule. We seek any comments or
information that may lead to the discovery of significant environmental
impact from the proposed rule.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority:  33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.

0
2. From March 1, 2014 until March 1, 2016, add paragraph (i) to Sec.
117.723 to read as follows:

Sec.  117.723  Hackensack River.

* * * * *
    (i) The draw of the Route 1 & 9 (Lincoln Highway) Bridge, mile 2.0,
between Kearny and Jersey City, shall open on signal; except that, the
draw need not open for the passage of vessel traffic between 6 a.m. and
10 a.m. and between 2 p.m. and 6 p.m., Monday through Friday, except
holidays. Tide dependent deep draft vessels may request bridge openings
between 6 a.m. and 10 a.m. and between 2 p.m. and 6 p.m. provided at
least a twelve hour advance notice is given by calling the number
posted at the bridge.

    Dated: August 7, 2013.
D.B. Abel,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2013-20685 Filed 8-27-13; 8:45 am]
BILLING CODE 9110-04-P


This item contains materials that cannot be uploaded to the federal docket. A DVD containing files submitted to EPA by Hogback Exploration with miscellaneous file extensions is available by contacting docket staff via email at<EMAIL_ADDRESS>


[Federal Register: May 11, 2010 (Volume 75, Number 90)]
[Proposed Rules]
[Page 26165-26166]
[DOCID:fr11my10-31]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[EPA-HQ-OAR-2007-1158; FRL-9147-5]
RIN 2060-AO71

Regulation of Fuels and Fuel Additives: Alternative Affirmative
Defense Requirements for Ultra-Low Sulfur Diesel and Gasoline Benzene
Technical Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed Rule.

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SUMMARY: EPA is issuing a proposed rule to amend the diesel sulfur
regulations to allow refiners, importers, distributors, and retailers
of highway diesel fuel the option to use an alternative affirmative
defense if the Agency finds highway diesel fuel samples above the
specified sulfur standard at retail facilities. This rule also proposes
to amend the gasoline benzene regulations to allow disqualified small
refiners the same opportunity to generate gasoline benzene credits as
that afforded to non-small refiners.

DATES: Comments: Comments must be received on or before June 10, 2010.
Under the Paperwork Reduction Act, comments on the information
collection provisions must be received by OMB on or before June 10,
2010.
    Hearings: If EPA receives a request from a person wishing to speak
at a public hearing by May 26, 2010 , a public hearing will be held at
a time and location to be announced in a subsequent Federal Register
notice. To request to speak at a public hearing, send a request to the
contact in FOR FURTHER INFORMATION CONTACT.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2007-1158, by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>
     Mail: Air and Radiation Docket, Environmental Protection
Agency, Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC
20460.
     Hand Delivery: EPA Docket Center, Room 3334, EPA West
Building, 1301 Constitution Avenue, NW., Washington, DC, Attention Air
Docket ID No. EPA-HQ-OAR-2007-1158. Such deliveries are only accepted
during the Docket's normal hours of operation, and special arrangements
should be made for deliveries of boxed information.
    Comments should be submitted according to the detailed instructions
in the ADDRESSES section of the corresponding Direct Final Rule located
in the ``Rules'' section of this Federal Register.

FOR FURTHER INFORMATION CONTACT: Jaimee Dong, Compliance and Innovative
Strategies Division, Office of Transportation and Air Quality, Office
of Air and Radiation, Environmental Protection Agency, Mail Code 6405J,
1200 Pennsylvania Avenue, Washington, DC 20460; telephone number: (202)
343-9672; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Why is EPA issuing this proposed rule?

    EPA is issuing a proposed rule to amend the diesel sulfur
regulations to allow refiners, importers, distributors, and retailers
of highway diesel fuel the option to use an alternative affirmative
defense if the Agency finds highway diesel fuel samples above the
specified sulfur standard at retail facilities. This rule also proposes
to amend the gasoline benzene regulations to allow disqualified small
refiners the same opportunity to generate gasoline benzene credits as
that afforded to non-small refiners.
    We have also published a direct final rule to make these same
amendments in the ``Rules and Regulations'' section of this Federal
Register because we view this as a non-controversial action and
anticipate no adverse comment. We have explained our reasons for this
action in the preamble to the direct final rule.
    If we receive no adverse comment, we will not take further action
on this proposed rule. If EPA receives adverse comment on a distinct
provision of this rulemaking, we will publish a timely withdrawal in
the Federal Register indicating which provisions of the direct final
rule we are withdrawing. The provisions that are not withdrawn will go
into effect on the effective date noted in the DATES section of the
direct final rule, notwithstanding adverse comment on any other
provision. We would address all public comments in any subsequent final
rule based on this proposed rule.
    We do not intend to institute a second comment period on the
action. Any parties interested in commenting must do so at this time.
    The regulatory text for the proposal is identical to that for the
direct final rule and is published in the ``Rules and Regulations''
section of this Federal Register.

II. Does this action apply to me?

    Entities potentially affected by this action include those involved
with the production, importation, distribution, marketing, or retailing
of diesel fuel and production of gasoline. Categories and entities
affected by this action include:

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                   Category                     NAICS Codes \a\    SIC Codes \b\                 Examples of potentially regulated entities
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Industry.....................................            324110              2911  Petroleum Refiners.
Industry.....................................            422710              5171  Diesel Fuel Marketers and Distributors.
Industry.....................................            484220              4212  Diesel Fuel Carriers.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ North American Industry Classification System (NAICS).
\b\ Standard Industrial Classification (SIC) system code.

    This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be affected by this
action; however, other types of entities not listed in the table could
also be affected. To determine whether your entity is affected by this
action, you should examine the applicability criteria of Parts 79 and
80 of title 40 of the Code of Federal Regulations. If you have any
questions regarding applicability of this action to a particular
entity, consult the person in the preceding FOR FURTHER INFORMATION
CONTACT section.

III. Statutory and Executive Order Reviews

    For a complete discussion of all the administrative requirements
applicable to this action, see Section IV in the direct final rule
amending the diesel sulfur regulations and gasoline benzene regulations
in the ``Rules and Regulations'' section of this Federal Register. The
following discussion is related to the information collection
requirements under the Paperwork Reduction Act.
    The modifications to the diesel sulfur information collection
requirements in this rule have been submitted for approval to the
Office of Management and Budget (OMB) under the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq. The information collection requirements are
not enforceable until OMB approves them.
    This proposed rule provides refiners, importers and distributors of
ULSD highway diesel fuel with additional flexibility to comply with the
diesel sulfur regulations. The flexibility afforded under this rule is
optional. Modest information collection requirements in the form of
reports for noncompliant diesel sulfur samples are required for those
parties who avail themselves of the flexibility provided in this rule.
    The estimated hourly burden per respondent for the diesel surveys
is 16 hours. The estimated annual hourly burden is 320 hours for all
respondents (assuming 20 respondents per year). The estimated hourly
cost is $71 per hour. The total estimated cost per respondent is
$1,136. The total estimated cost for all respondents is $22,270.
    The information under this rule will be collected by EPA's
Transportation and Regional Programs Division, Office of Transportation
and Air Quality, Office of Air and Radiation (OAR), and by EPA's Air
Enforcement Division, Office of Regulatory Enforcement, Office of
Enforcement and Compliance Assurance (OECA). The information collected
will be used by EPA to evaluate compliance with the requirements under
the diesel sulfur program. This oversight by EPA is necessary to ensure
attainment of the air quality goals of the diesel sulfur program.
    Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
    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. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9. When this ICR is
approved by OMB, the Agency will publish a technical amendment to 40
CFR part 9 in the Federal Register to display the OMB control number
for the approved information collection requirements contained in this
direct final rule.
    Today's rule also amends the gasoline benzene regulations to allow
disqualified small refiners the same opportunity to generate gasoline
benzene credits as that afforded to non-small refiners. The amendment
to the gasoline benzene regulations does not impose any new information
collection burden. However, the Office of Management and Budget (OMB)
has previously approved the information collection requirements
contained in the existing gasoline benzene regulations at 40 CFR part
80, subpart L, under the provisions of the Paperwork Reduction Act, 44
U.S.C. 3501 et seq. and has assigned OMB control number 2060-0277. The
OMB control numbers for EPA's regulations in 40 CFR are listed in 40
CFR part 9.

IV. Statutory Provisions and Legal Authority

    Statutory authority for the fuel controls set in this proposed rule
comes from sections 211 and 301(a) of the CAA.

List of Subjects in 40 CFR Part 80

    Environmental protection, Air pollution control, Fuel additives,
Diesel, Gasoline, Imports, Incorporation by reference, Labeling, Motor
vehicle pollution, Penalties, Reporting and recordkeeping requirements.

    Dated: May 3, 2010.
Lisa P. Jackson,
Administrator.
[FR Doc. 2010-10909 Filed 5-10-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 156 (Monday, August 13, 2018)]
[Notices]
[Page 40037]
[FR Doc No: 2018-17370]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9982-01-Region 5]

Proposed Prospective Purchaser Agreements for the Greenpoint
Landfill Site, the Saginaw Malleable Industrial Land Site and the
Saginaw Malleable Peninsula Site in Saginaw, Michigan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for public comment.

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SUMMARY: In accordance with the Prospective Purchaser Agreements,
notice is hereby given of a proposed administrative settlement
concerning the Greenpoint Landfill Site, the Saginaw Malleable
Industrial Land Site and the Saginaw Malleable Peninsula Site all
located in Saginaw, Michigan with the following Settling Parties:
Michigan Department of Natural Resources and Saginaw County. The
settlements require the Settling Parties to, if necessary, execute and
record a Declaration of Restrictive Covenant; provide access to the
Sites and exercise due care with respect to existing contamination. The
settlement includes a covenant not to sue the Settling Parties pursuant
to the Comprehensive Environmental Response, Compensation, and
Liability Act or the Resource Conservation and Recovery Act with
respect to the Existing Contamination. Existing Contamination is
defined as any hazardous substances, pollutants, or contaminants or
Waste Material (1) present or existing on or under the Site as of the
Effective Date of the Settlement Agreement; (2) that migrated from the
Site prior to the Effective Date; and (3) presently at the Site that
migrates onto, on, under, or from the Site after the Effective Date.
    For thirty (30) days following the date of publication of this
notice, the Agency will receive written comments relating to the
settlements. The Agency will consider all comments received and may
modify or withdraw its consent to one or all of the settlements if
comments received disclose facts or considerations which indicate that
a settlement or settlements are inappropriate, improper, or inadequate.
The Agency's response to any comments received will be available for
public inspection at the EPA, Region 5, Records Center, 77 W Jackson
Blvd., 7th Fl., Chicago, Illinois 60604. Commenters may request an
opportunity for a public hearing in the affected area, in accordance
with Section 7003(d) of RCRA.

DATES: Comments must be submitted September 12, 2018.

ADDRESSES: The proposed settlement is available for public inspection
at the EPA, Region 5, Records Center, 77 W Jackson Blvd., 7th Fl.,
Chicago, Illinois 60604. A copy of a proposed settlement may be
obtained from Peter Felitti, Assoc. Regional Counsel, EPA, Office of
Regional Counsel, Region 5, 77 W Jackson Blvd., Mail Code: C-14J,
Chicago, Illinois 60604. Comments should reference the Site in question
and should be addressed to Peter Felitti, Assoc. Regional Counsel, EPA,
Office of Regional Counsel, Region 5, 77 W Jackson Blvd., Mail Code: C-
14J, Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT: Peter Felitti, EPA, Office of Regional
Counsel, Region 5, 77 W Jackson Blvd., Mail Code: C-14J, Chicago,
Illinois 60604.

SUPPLEMENTARY INFORMATION: The Settling Parties propose to acquire
ownership of the three former General Motors Corporation North American
facilities, at 3300 Salt Road, Saginaw, Michigan, 77 and 79 West Center
Street in Saginaw, Michigan. Each Site is one of the 89 sites that were
placed into an Environmental Response Trust (the ``Trust'') as a result
of the resolution of the 2009 GM bankruptcy. The Trust is administrated
by Revitalizing Auto Communities Environmental Response.

    Dated: July 31, 2018.
Douglas E. Ballotti,
Acting Director, Superfund Division.
[FR Doc. 2018-17370 Filed 8-10-18; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 71 (Tuesday, April 14, 2015)]
[Notices]
[Pages 19980-19981]
[FR Doc No: 2015-08647]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Sunshine Act Meeting Notice

    The following notice of meeting is published pursuant to section
3(a) of the government in the Sunshine Act (Pub. L. 94-409), 5 U.S.C.
552b:

AGENCY HOLDING MEETING:  Federal Energy Regulatory Commission

DATE AND TIME:  April 16, 2015, 10:00 a.m.

PLACE:  Room 2C, 888 First Street NE., Washington, DC 20426.

STATUS:  OPEN.

MATTERS TO BE CONSIDERED:  Agenda.
    * NOTE--Items listed on the agenda may be deleted without further
notice.

CONTACT PERSON FOR MORE INFORMATION:  Kimberly D. Bose, Secretary,
Telephone<PHONE_NUMBER>.
    For a recorded message listing items struck from or added to the
meeting, call<PHONE_NUMBER>.
    This is a list of matters to be considered by the Commission. It
does not include a listing of all documents relevant to the items on
the agenda. All public documents, however, may be viewed on line at the
Commission's Web site at http://www.ferc.gov using the eLibrary link,
or may be examined in the Commission's Public Reference Room.

                                        1016th--Meeting, Regular Meeting
                                          [April 16, 2015, 10:00 a.m.]
----------------------------------------------------------------------------------------------------------------
             Item No.                           Docket No.                               Company
----------------------------------------------------------------------------------------------------------------
                                                 ADMINISTRATIVE
----------------------------------------------------------------------------------------------------------------
A-1...............................  AD02-1-000........................  Agency Business Matters.
A-2...............................  AD02-7-000........................  Customer Matters, Reliability, Security
                                                                         and Market Operations.
A-3...............................  AD15-12-000.......................  Transmission Investment Metrics.
----------------------------------------------------------------------------------------------------------------
                                                    ELECTRIC
----------------------------------------------------------------------------------------------------------------
E-1...............................  RM14-13-000.......................  Communications Reliability Standards.
E-2...............................  AD15-11-000.......................  Electronic Filing Protocols for
                                                                         Commission Forms.
E-3...............................  RM14-10-000.......................  Real Power Balancing Control Performance
                                                                         Reliability Standard.
E-4...............................  RM05-5-024........................  Standards for Business Practices and
                                                                         Communication Protocols for Public
                                                                         Utilities.
E-5...............................  RM15-9-000........................  Protection System, Automatic Reclosing,
                                                                         and Sudden Pressure Relaying
                                                                         Maintenance Reliability Standard.
E-6...............................  RM15-4-000........................  Disturbance Monitoring and Reporting
                                                                         Requirements Reliability Standard.
E-7...............................  AD15-6-000........................  Grand River Dam Authority.
E-8...............................  ER15-418-001......................  New England Power Company.
E-9...............................  OMITTED.                            ........................................
E-10..............................  OMITTED...........................
E-11..............................  QM15-1-000........................  Virginia Electric and Power Company.
E-12..............................  ER15-910-000......................  Consumers Energy Company.
E-13..............................  ER15-976-000......................  Wolverine Power Supply Cooperative,
                                                                         Inc..
E-14..............................  OMITTED.                            ........................................
E-15..............................  ER12-91-008.......................  PJM Interconnection, L.L.C., Duke Energy
                                    ER12-92-008.......................   Ohio, Inc. and Duke Energy Kentucky,
                                                                         Inc.
E-16..............................  EL15-30-000.......................  San Francisco Bay Area Rapid Transit
                                                                         District v.
                                                                        Pacific Gas and Electric Company.
E-17..............................  ER13-102-005......................  New York Independent System Operator,
                                    ER13-102-006......................   Inc.
E-18..............................  EC12-15-001.......................  Michigan Electric Transmission Company,
                                                                         LLC.
E-19..............................  EL11-42-001.......................  Astoria Generating Company L.P.
                                                                        NRG Power Marketing LLC.
                                                                        Arthur Kill Power, LLC.
                                                                        Astoria Gas Turbine Power LLC.
                                                                        Dunkirk Power LLC.
                                                                        Huntley Power LLC.
                                                                        Oswego Harbor Power LLC and
                                                                        TC Ravenswood, LLC v.
                                                                        New York Independent System Operator,
                                                                         Inc.
                                    ER12-2414-000.....................  New York Independent System Operator,
                                    ER12-2414-001.....................   Inc
                                    ER12-2414-002.....................

E-20..............................  EL11-50-001.......................  Astoria Generating Company L.P. and TC
                                                                         Ravenswood, LLC v.
                                                                        New York Independent System Operator,
                                                                         Inc.
E-21..............................  ER13-366-004......................  Southwest Power Pool, Inc.
                                    ER13-366-005......................
                                    ER13-367-002......................
----------------------------------------------------------------------------------------------------------------
                                                  MISCELLANEOUS
----------------------------------------------------------------------------------------------------------------
M-1...............................  RM14-2-000........................  Coordination of the Scheduling Processes
                                                                         of Interstate Natural Gas Pipelines and
                                                                         Public Utilities
----------------------------------------------------------------------------------------------------------------
                                                       GAS
----------------------------------------------------------------------------------------------------------------
G-1...............................  PL15-1-000........................  Cost Recovery Mechanisms for
                                                                         Modernization of Natural Gas Facilities
----------------------------------------------------------------------------------------------------------------
                                                      HYDRO
----------------------------------------------------------------------------------------------------------------
H-1...............................  P-2305-044........................  Sabine River Authority of Texas.
                                                                        Sabine River Authority, State of
                                                                         Louisiana.
----------------------------------------------------------------------------------------------------------------
                                                  CERTIFICATES
----------------------------------------------------------------------------------------------------------------
C-1...............................  CP14-503-000......................  Enable Gas Transmission, LLC.
----------------------------------------------------------------------------------------------------------------
C-2...............................  CP14-87-001.......................  Southeast Supply Header, LLC.
C-3...............................  RP14-638-000......................  Atmos Energy Corporation v. American
                                                                         Midstream (Midla), LLC.
                                    CP14-125-000......................  American Midstream (Midla), LLC.
                                    CP14-126-000......................
                                    RP14-689-000......................
                                    RP14-689-001......................
                                    RP14-1049-000.....................
                                    RP14-1049-001.....................
                                    RP14-1049-002.....................
                                    (not consolidated)................
----------------------------------------------------------------------------------------------------------------

    Issued: April 9, 2015.
Kimberly D. Bose,
Secretary.

    A free webcast of this event is available through www.ferc.gov.
Anyone with Internet access who desires to view this event can do so by
navigating to www.ferc.gov's Calendar of Events and locating this event
in the Calendar. The event will contain a link to its webcast. The
Capitol Connection provides technical support for the free webcasts. It
also offers access to this event via television in the DC area and via
phone bridge for a fee. If you have any questions, visit
www.CapitolConnection.org or contact Danelle Springer or David
Reininger at<PHONE_NUMBER>.
    Immediately following the conclusion of the Commission Meeting, a
press briefing will be held in the Commission Meeting Room. Members of
the public may view this briefing in the designated overflow room. This
statement is intended to notify the public that the press briefings
that follow Commission meetings may now be viewed remotely at
Commission headquarters, but will not be telecast through the Capitol
Connection service.

[FR Doc. 2015-08647 Filed 4-10-15; 4:15 pm]
 BILLING CODE 6717-01P-


[Federal Register Volume 85, Number 171 (Wednesday, September 2, 2020)]
[Notices]
[Pages 54631-54632]
[FR Doc No: 2020-19398]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2011-0085]

Petition for Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this
document provides the public notice that on August 24, 2020, BNSF
Railway Company (BNSF) petitioned the Federal Railroad Administration
(FRA) to amend a waiver of compliance from certain provisions of the
Federal railroad safety regulations contained at 49 CFR part 213, Track
Safety Standards. FRA assigned the petition Docket Number FRA-2011-
0085.
    Specifically, BNSF requests to modify its existing waiver from 49
CFR 213.109(d)(6) which allows for the use of concrete crossties with
one shoulder broken off where, if turned end for end, every other
crosstie is fastened 100 percent on both rails (``3/4 Concrete Ties'').
BNSF seeks to: (1) Amend the waiver locations to reflect BNSF's
historical practice under the waiver; and (2) clarify that multiple
Gage Restraint Measurement System (GRMS) test platforms may be employed
to test gage widening. BNSF's proposal would

effectively ``grandfather'' BNSF's continued use of these types of
crossties across six divisions throughout the BNSF operating system.
    BNSF claims: (1) The performance of 3/4 Concrete Ties have not
resulted in any derailments due to gage or defective crossties defects
since the issuance of the waiver in 2011; (2) FRA has taken no
exception to wide gage throughout BNSF's use of 3/4 Concrete Ties in
the past; and (3) foot-by-foot analysis by automated inspection show
the 3/4 Concrete Ties remained stable and are not degrading.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested parties
desire an opportunity for oral comment and a public hearing, they
should notify FRA, in writing, before the end of the comment period and
specify the basis for their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Website: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation (DOT), 1200 New Jersey Ave. SE, W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Ave. SE, Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by October 2, 2020 will be considered by
FRA before final action is taken. Comments received after that date
will be considered if practicable.
    Anyone can search the electronic form of any written communications
and comments received into any of our dockets by the name of the
individual submitting the comment (or signing the document, if
submitted on behalf of an association, business, labor union, etc.).
Under 5 U.S.C. 553(c), DOT solicits comments from the public to better
inform its processes. DOT posts these comments, without edit, including
any personal information the commenter provides, to
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacyNotice for the
privacy notice of regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2020-19398 Filed 9-1-20; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register: August 10, 2010 (Volume 75, Number 153)]
[Rules and Regulations]
[Page 48276]
[DOCID:fr10au10-4]

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

Coast Guard

33 CFR Part 117

[Docket No. USCG-2010-0659]

Drawbridge Operation Regulations; Pequonnock River, Bridgeport,
CT, Maintenance

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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

SUMMARY: The Commander, First Coast Guard District, has issued a
temporary deviation from the regulation governing the operation of the
Metro North (Peck) Bridge across the Pequonnock River, mile 0.3, at
Bridgeport, Connecticut. The deviation allows the bridge to remain in
the closed position to facilitate scheduled maintenance for three
months.

DATES: This deviation is effective from August 7, 2010 through November
7, 2010.

ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket USCG-2010-0659 and are available online
at www.regulations.gov, inserting USCG-2010-0659 in the ``Keyword'' and
then clicking ``Search.'' They are also available for inspection or
copying at the Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

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

SUPPLEMENTARY INFORMATION: The Metro North (Peck) Bridge, across the
Pequonnock River at mile 0.3, at Bridgeport, Connecticut, has a
vertical clearance in the closed position of 26 feet at mean high water
and 32 feet at mean low water. The drawbridge operation regulations are
listed at 33 CFR 117.219(c).
    The owner of the bridge, Metro North Railroad, requested a
temporary deviation from the regulations to facilitate scheduled bridge
maintenance, mitre rail rehabilitation, at the bridge.
    Under this temporary deviation the Metro North (Peck) Bridge may
remain in the closed position from August 7, 2010 through November 7,
2010. Vessels that can pass under the bridge in the closed position may
do so at all times.
    The Metro North (Peck) Bridge received no requests to open in both
2008 and 2009. Waterway users were advised of the requested bridge
closure and offered no objection.
    In accordance with 33 CFR 117.35(e), the bridge must return to its
regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: July 30, 2010.
Gary Kassof,
Bridge Program Manager, First Coast Guard District.
[FR Doc. 2010-19631 Filed 8-9-10; 8:45 am]
BILLING CODE 9110-04-P


2016 Allowance Bank Summaries

2017 Allowance Bank Summaries

Preliminary data. Source: AMPD (ampd.epa.gov)


[Federal Register Volume 83, Number 147 (Tuesday, July 31, 2018)]
[Notices]
[Page 37040]
[FR Doc No: 2018-16251]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent To Rule on Request To Release Airport Property
at Myrtle Beach International Airport, Myrtle Beach, SC

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comment.

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

SUMMARY: The FAA proposes to rule and invites public comment on the
release of land at Myrtle Beach International Airport, Myrtle Beach,
SC.

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

ADDRESSES: Comments on this application may be mailed or delivered to
the FAA at the following address: Aimee McCormick, Federal Aviation
Administration, Atlanta Airports District Office, 1701 Columbia Ave.,
Ste. 220, College Park, GA 30337.
    In addition, one copy of any comments submitted to the FAA must be
mailed or delivered to: Kirk Lovell, Director of Air Service and
Business Development, Horry County Department of Airports, 1100 Jetport
Rd., Myrtle Beach, SC 29577.

FOR FURTHER INFORMATION CONTACT: Aimee McCormick, Federal Aviation
Administration, Atlanta Airports District Office, 1701 Columbia Ave.,
Ste. 220, College Park, GA 30337, [email protected]. The request
to release property may be reviewed, by appointment, in person at this
same location.

SUPPLEMENTARY INFORMATION: The FAA invites public comment on the
request to release 2 acres of airport property at Myrtle Beach
International Airport (MYR) under the provisions of 49 U.S.C.
47107(h)(2).
    On May 23, 2018 the Horry County Department of Airports requested
the FAA release of 2 acres of property for sale and development of an
outpatient medical clinic. FAA has determined that the proposed
property release at Myrtle Beach International Airport (MYR), as
submitted by Horry County Department of Airports, meets the procedural
requirements of the Federal Aviation Administration and release of the
property does not and will not impact future aviation needs at the
airport. The FAA may approve the request, in whole or in part, no
sooner than thirty days after the publication of this notice.
    The following is a brief overview of the request:
    Myrtle Beach International Airport (MYR) is proposing the release
of airport property totaling 2 acres to be developed and used for an
outpatient medical clinic. The release of land is necessary to comply
with Federal Aviation Administration Grant Assurances that do not allow
federally acquired airport property to be used for non-aviation
purposes. The sale of the subject property will result in the land at
Myrtle Beach International Airport (MYR) being changed from
aeronautical to non-aeronautical use and release the lands from the
conditions of the Airport Improvement Program Grant Agreement Grant
Assurances. In accordance with 49 U.S.C. 47107(c)(2)(B)(i) and (iii),
the airport will receive fair market value for the property, which will
be subsequently reinvested in another eligible airport improvement
project for aviation facilities at Myrtle Beach International Airport.
    Any person may inspect, by appointment, the request in person at
the FAA office listed above under FOR FURTHER INFORMATION CONTACT. In
addition, any person may, upon appointment and request, inspect the
application, notice and other documents determined by the FAA to be
related to the application in person at Myrtle Beach International
Airport.

    Issued in Atlanta, GA, on July 23, 2018.
Larry F. Clark,
Manager, Atlanta Airports District Office.
[FR Doc. 2018-16251 Filed 7-30-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: February 2, 2010 (Volume 75, Number 21)]
[Notices]
[Page 5314-5315]
[DOCID:fr02fe10-57]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. OR10-5-000]

Suncor Energy Marketing Inc.; Notice of Filing

January 26, 2010.
    Take notice that on January 13, 2010, Suncor Energy Marketing Inc.
(Petitioner) filed a petition for declaratory order pursuant to Rule
207(a)(2) of the Commission's Rules of Practice and Procedure, 18 CFR
385.207(a)(2) (2009), requesting that the Commission declare that due
to dramatically changed circumstances, the long-term rate methodology
for the United States portion of the Alberta Clipper Project will not
result in just and reasonable rates in the near-term and cannot be put
into effect. Petitioner also seeks an order by the Commission
establishing a near-term rate treatment for Alberta Clipper costs that
will be effective from the Alberta Clipper Project's in-service date
until such time as the United States portion of the Project is needed
and the Commission determines that the long-term rate methodology is
just and reasonable under the circumstances prevailing at the time.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions 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 or intervention 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>.
    Comment Date: 5 p.m. Eastern Time on February 12, 2010.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-2103 Filed 2-1-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: December 17, 2009 (Volume 74, Number 241)]
[Notices]
[Page 66963-66964]
[DOCID:fr17de09-32]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9093-1; Docket ID No. EPA-HQ-ORD-2009-0115]

Draft Toxicological Review of 1,1,2,2-Tetrachloroethane: In
Support of Summary Information on the Integrated Risk Information
System (IRIS)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of peer-review workshop.

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

SUMMARY: EPA is announcing that Eastern Research Group, Inc. (ERG), an
EPA contractor for external scientific peer review, will convene an
independent panel of experts and organize and conduct an external peer-
review workshop to review the external review draft document titled,
``Toxicological Review of 1,1,2,2-Tetrachloroethane: In Support of
Summary Information on the Integrated Risk Information System (IRIS)''
(EPA/635/R-09/001). The draft document was prepared by the National
Center for Environmental Assessment (NCEA) within EPA's Office of
Research and Development. EPA previously announced the 60-day public
comment period (ending November 23, 2009) for the draft document in the
Federal Register on September 24, 2009 (74 FR 48731). EPA will consider
public comments and recommendations from the expert panel workshop as
EPA finalizes the draft document.
    The public comment period and the external peer-review workshop are
separate processes that provide opportunities for all interested
parties to comment on the document. EPA intends to forward public
comments submitted in accordance with the September 24, 2009, Federal
Register notice (74 FR 48731) to ERG, for consideration by the external
peer-review panel prior to the workshop.
    EPA is releasing this draft document solely for the purpose of pre-
dissemination peer review under applicable information quality
guidelines. This document has not been formally disseminated by EPA. It
does not represent and should not be construed to represent any Agency
policy or determination.
    ERG invites the public to register to attend this workshop as
observers. In addition, ERG invites the public to give oral and/or
provide written comments at the workshop regarding the draft document
under review. Space is limited, and reservations will be accepted on a
first-come, first-served basis. The draft document and EPA's

peer-review charge are available primarily via the Internet on NCEA's
home page under the Recent Additions and Publications menus at http://
www.epa.gov/ncea. In preparing a final report, EPA will consider ERG's
report of the comments and recommendations from the external peer-
review workshop and any public comments that EPA receives.

DATES: The peer-review panel workshop will begin on Wednesday, January
27, 2010, at 8:30 a.m., and will end at approximately 4 p.m. Eastern
Standard Time.

ADDRESSES: The peer-review workshop will be held at the Holiday Inn
Capitol, 550 C Street, SW., Washington, DC 20024. The EPA contractor,
ERG, is organizing, convening, and conducting the peer-review workshop.
To attend the workshop, register by Wednesday, January 20, 2010, by
calling ERG at<PHONE_NUMBER> or toll free at<PHONE_NUMBER> (ask for the
1,1,2,2-Tetrachloroethane peer-review coordinator, Laurie Waite),
sending a facsimile to<PHONE_NUMBER> (please reference: ``1,1,2,2-
Tetrachloroethane peer-review workshop'' and include your name, title,
affiliation, full address, and contact information), or sending an e-
mail to<EMAIL_ADDRESS>(subject line: ``1,1,2,2-Tetrachloroethane
peer-review workshop'' and include your name, title, affiliation, full
address, and contact information). You may also register via the
Internet at https://www2.ergweb.com/projects/conferences/peerreview/
register-tetraworkshop.htm.
    The draft ``Toxicological Review of 1,1,2,2-Tetrachloroethane: In
Support of Summary Information on the Integrated Risk Information
System (IRIS)'' is available primarily via the Internet on the National
Center for Environmental Assessment's home page under the Recent
Additions and Publications menus at http://www.epa.gov/ncea. A limited
number of paper copies are available from the Information Management
Team, NCEA; telephone:<PHONE_NUMBER>; facsimile:<PHONE_NUMBER>. If you
are requesting a paper copy, please provide your name, mailing address,
and the document title, ``Toxicological Review of 1,1,2,2-
Tetrachloroethane: In Support of Summary Information on the Integrated
Risk Information System (IRIS).'' Copies are not available from ERG.
    Information on Services for Individuals with Disabilities: EPA
welcomes public attendance at the ``1,1,2,2-Tetrachloroethane peer-
review workshop'' and will make every effort to accommodate persons
with disabilities. For information on access or services for
individuals with disabilities, please contact ERG, 110 Hartwell Avenue,
Lexington, MA 02421-3136; telephone:<PHONE_NUMBER>; facsimile: 781-674-
2906; or e-mail<EMAIL_ADDRESS>(subject line: 1,1,2,2-
Tetrachloroethane peer-review workshop), preferably at least 10 days
prior to the meeting, to give as much time as possible to process your
request.

FOR FURTHER INFORMATION CONTACT: Questions regarding information,
registration, access or services for individuals with disabilities, or
logistics for the external peer-review workshop should be directed to
ERG, 110 Hartwell Avenue, Lexington, MA 02421-3136; telephone: 781-674-
7374; facsimile:<PHONE_NUMBER>; or e-mail<EMAIL_ADDRESS>(subject
line: 1,1,2,2-Tetrachloroethane peer-review workshop).
    If you have questions about the document, please contact Martin
Gehlhaus, National Center for Environmental Assessment (NCEA), 1200
Pennsylvania Ave, NW., 8601P, Washington, DC 20460; telephone: 703-347-
8579; facsimile:<PHONE_NUMBER>; or e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Information About IRIS

    IRIS is a database that contains potential adverse human health
effects information that may result from chronic (or lifetime) exposure
to specific chemical substances found in the environment. The database
(available on the Internet at http://www.epa.gov/iris) contains
qualitative and quantitative health effects information for more than
540 chemical substances that may be used to support the first two steps
(hazard identification and dose-response evaluation) of a risk
assessment process. When supported by available data, the database
provides oral reference doses (RfDs) and inhalation reference
concentrations (RfCs) for chronic health effects, and oral slope
factors and inhalation unit risks for carcinogenic effects. Combined
with specific exposure information, government and private entities can
use IRIS data to help characterize public health risks of chemical
substances in a site-specific situation and thereby support risk
management decisions designed to protect public health.

    Dated: December 8, 2009.
Rebecca Clark,
Acting Director, National Center for Environmental Assessment.
[FR Doc. E9-30043 Filed 12-16-09; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 137 (Tuesday, July 17, 2012)]
[Rules and Regulations]
[Pages 41909-41911]
[FR Doc No: 2012-17223]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0545]
RIN 1625-AA00

Safety Zone; Port of Dutch Harbor; Dutch Harbor, AK

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard establishes temporary safety zones in the
navigable waters, from surface to seabed, of the Port of Dutch Harbor,
Alaska, and the adjacent U.S. territorial sea from June 15, 2012,
through July 31, 2012. The temporary safety zones will encompass the
navigable waters within a 25-yard radius of moored or anchored Shell
offshore exploration or support vessels, and the navigable waters
within a 100-yard radius of underway Shell offshore exploration or
support vessels. The purpose of the safety zones is to protect persons
and vessels during an unusually high volume of vessel traffic in the
Port of Dutch Harbor, Alaska, and the adjacent territorial sea due to
additional vessel traffic associated with exploratory drilling
operations in the Chukchi and Beaufort seas during the summer of 2012.

DATES: The temporary safety zones become effective on June 15, 2012,
and terminate on August 1, 2012, unless sooner terminated by the
Captain of the Port.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2012-0545 and are available online
by going to http://www.regulations.gov, inserting USCG-2012-0545 in the
``Keyword'' box, and then clicking ``Search.'' This material is also
available for inspection or copying at the Docket Management Facility
(M-30), U.S. Department of Transportation, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between
9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email CDR Adam Tyndale, U.S. Coast Guard, Sector Anchorage
Response Department; telephone<PHONE_NUMBER><EMAIL_ADDRESS>
If you have questions on viewing or submitting material to the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.

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)(3)(B), the Coast Guard finds that
good cause exists for not publishing a notice of proposed rulemaking
(NPRM) with respect to this rule because Shell vessel operations in the
Port of Dutch Harbor will begin within 15 days and the safety zone is a
necessary measure to ensure safety of life and property, and the
protection of the flow of commerce.
    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 because immediate action is needed
to minimize potential danger to the public during the period of time
when there will be unusually high vessel traffic in the Port of Dutch
Harbor and the adjacent territorial sea, and the event is scheduled to
occur in less than 30 days.

Basis and Purpose

    The legal basis for the rule is 33 U.S.C. 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,
160.5; Public Law 107-295, 116 Stat. 2064; and Department of Homeland
Security Delegation No. 0170.1, which collectively authorizes the Coast
Guard to define regulatory safety zones.
    Based on the expectation of increased maritime traffic due to the
anticipated arrival of approximately twenty (20) vessels affiliated
with planned offshore drilling operations in the Chukchi and Beaufort
Seas during a period of time that the Port of Dutch Harbor normally
experiences increased vessel traffic, the Coast Guard is establishing
temporary safety zones to ensure the safe transit of vessels within the
navigable waters, from surface to the seabed, of the Port of Dutch
Harbor and adjacent waters extending seaward to the limits of the
territorial sea.
    The purpose of the established temporary safety zones is to
facilitate safe navigation and protect vessels from hazards caused by
increased volume of vessel traffic, including hazards that may be
intentionally created, in the Port of Dutch Harbor, Broad Bay or
adjacent navigable waters encompassed within

the area from Cape Cheerful at 54-12.000 N 166-38.000 W north to the
limits of the U.S. territorial sea, and from Princess Head at 53-59.000
N 166-25.900 W to the limits of the U.S. territorial sea.

Discussion of Rule

    The Coast Guard is establishing safety zones in the navigable
waters, from surface to seabed, within a 25-yard radius of moored or
anchored Shell offshore exploration or support vessels, and the
navigable waters, from surface to seabed, within a 100-yard radius of
underway Shell offshore exploration or support vessels in the Port of
Dutch Harbor, Alaska, and the adjacent U.S. territorial sea from June
15, 2012, through July 31, 2012. The purpose of the safety zones is to
protect persons and vessels during an unusually high volume of vessel
traffic in the Port of Dutch Harbor, Alaska.

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.
    The rule is not a significant regulatory action due to the minimal
impact this will have on standard vessel operations within the Port of
Dutch Harbor because of the limited area affected and the limited
duration of the rule. The safety zones are also designed to allow
vessels transiting through the area to safely travel around the safety
zones without incurring additional cost or delay.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would 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
would not have a significant economic impact on a substantial number of
small entities. This rule would affect the following entities, some of
which might be small entities: The owners or operators of vessels
intending to transit through or anchor within the Port of Dutch Harbor
or adjacent waters, or transit through the waters in the near vicinity
of the Port of Dutch Harbor from June 15, 2012 through July 31, 2012.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
rule will only be effective from June 15, 2012 through July 31, 2012,
and is limited only to waters, from surface to seabed, within 25 yards
of the support vessel if the support vessel is moored or at anchor, and
100 yards if the support vessel is in transit.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can 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 will not call for the collection of new 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 an 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 will not create an
environmental risk to health or risk to safety that might
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 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 establishing regulations for
safety zones. 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.

    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 1231; 46 U.S.C. Chapter 701, Sec.  3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5;
Public Law 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0171.1.

0
2. Add Sec.  165.T17-0545 to read as follows:

Sec.  165.T17-0545  Safety Zone; Port of Dutch Harbor; Dutch Harbor,
Alaska.

    (a) Location. The following areas are safety zones:
    (1) All navigable waters, from the surface to the seabed, within a
25-yard radius of moored or anchored offshore exploration or support
vessel, as identified in paragraph (a)(2) of this section, or within a
100-yard radius of any underway offshore exploration or support vessel,
as identified in paragraph (a)(2) of this section, located within the
Port of Dutch Harbor, Broad Bay or adjacent navigable waters
encompassed within the area from Cape Cheerful at 54-12.000 N 166-
38.000 W north to the limits of the U.S. territorial sea, and from
Princess Head at 53-59.000 N 166-25.900 W north to the limits of the
U.S. territorial sea.
    (2) The offshore exploration and support vessels to which safety
zones apply are as follows: NORDICA, FENNICA, AIVIQ, TOR VIKING, HARVEY
EXPLORER, HARVEY SPIRIT, SISUAQ, AFFINITY, the Barge TUUQ, LAUREN FOSS,
ARCTIC SEAL, NANUQ, KLAMATH, GUARDSMAN, ENDEAVOR, OLIKTOK, CORBIN FOSS,
ARCTIC CHALLENGER, NOBLE DISCOVERER, and KULLUK.
    (b) Effective date. The temporary safety zones become effective on
June 15, 2012, and terminate on August 1, 2012, unless sooner
terminated by the Captain of the Port.
    (c) Regulations. The general regulations governing safety zones
contained in Sec.  165.23 apply to all vessels operating within the
area described in paragraph (a) of this section.
    (1) If a non-exploration or support vessel is moored or anchored
and an offshore exploration or support vessel transits near them such
that it places the moored or anchored vessel within the 100-yard safety
zone described in paragraph (a), the moored or anchored vessel must
remain stationary until the offshore exploration or support vessel
maneuvers to a distance exceeding the 100-yard safety zone.
    (2) All persons and vessels shall comply with the instructions of
the Captain of the Port (COTP) or designated on-scene representative,
consisting of commissioned, warrant, and petty officers of the Coast
Guard. Upon being hailed by a U.S. Coast Guard vessel by siren, radio,
flashing light or other means, the operator of a vessel shall proceed
as directed by the COTP's designated on-scene representative.
    (3) Entry into the safety zone is prohibited unless authorized by
the COTP or his designated on-scene representative. Any persons
desiring to enter the safety zone must contact the designated on-scene
representative on VHF channel 16 (156.800 MHz) and receive permission
prior to entering.
    (4) If permission is granted to transit within the safety zone, all
persons and vessels must comply with the instructions of the designated
on-scene representative.
    (5) The COTP will notify the maritime and general public by marine
information broadcast during the period of time that the safety zones
are in force by providing notice in accordance with 33 CFR 165.7.
    (d) Penalties. Persons and vessels violating this rule are subject
to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.

    Dated: June 11, 2012.
J.A. Fosdick,
Captain, U.S. Coast Guard, Commander, Sector Anchorage.
[FR Doc. 2012-17223 Filed 7-16-12; 8:45 am]
BILLING CODE 9110-04-P


77491 Federal Register / Vol. 67, No. 243 / Wednesday, December 18, 2002 / Notices Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at FERCOlineSuport@ ferc. gov. or toll free at ( 866) 208   3676, or for TTY, contact ( 202) 502   8659. n. Anyone may submit a protest or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, 385.211, and 385.214. In determining the appropriate action to take, the Commission will consider all protests filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any protests or motions to intervene must be received on or before the specified deadline date for the particular application. All filings must ( 1) bear in all capital letters the title `` PROTEST'' or `` MOTION TO INTERVENE;'' ( 2) set forth in the heading the name of the applicant and the project number of the application to which the filing responds; ( 3) furnish the name, address, and telephone number of the person protesting or intervening; and ( 4) otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. Agencies may obtain copies of the application directly from the applicant. A copy of any protest or motion to intervene must be served upon each representative of the applicant specified in the particular application.

Linwood A. Watson, Jr., Deputy Secretary. [ FR Doc. 02   31897 Filed 12   17   02; 8: 45 am]

BILLING CODE 6717   01   P ENVIRONMENTAL PROTECTION AGENCY [ OPP   2002   0295; FRL   7279   2]

Tetrachlorvinphos; Availability of Interim Risk Management Decision Document AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: This notice announces the availability of the interim risk management decision document for tetrachlorvinphos. This decision document has been developed as part of the public participation process that EPA and the U. S. Department of Agriculture ( USDA) are now using for involving the public in the reassessment of pesticide tolerances under the Food Quality Protection Act ( FQPA), and the reregistration of individual organophosphate pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act ( FIFRA). FOR FURTHER INFORMATION CONTACT: For general information contact: Demson Fuller, Special Review and Reregistration Division ( 7508C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001; telephone number: ( 703) 308   8062; e mail address: fuller. demson@ epamail. epa. gov.

SUPPLEMENTARY INFORMATION I. General Information A. Does this Action Apply to Me? This action is directed to the public in general, nevertheless, a wide range of stakeholders will be interested in obtaining the interim risk management decision document for tetrachlorvinphos, including environmental, human health, and agricultural advocates; the chemical industry; pesticide users; and members of the public interested in the use of pesticides on food and pets. Since other entities also may be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of This Document and Other Related Information? 1. Docket. EPA has established an official public docket for this action under docket identification ( ID) number OPP   2002   0295. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although a part of the official docket, the public docket does not include Confidential Business Information ( CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the Public Information and Records Integrity Branch ( PIRIB), Rm. 119, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open from 8: 30 a. m. to 4 p. m., Monday through Friday, excluding legal holidays. The docket telephone number is ( 703) 305   5805. 2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the `` Federal Register'' listings at http:// www. epa. gov/ fedrgstr/. An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at http:// www. epa. gov/ edocket/ to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I. B. 1. Once in the system, select `` search,'' then key in the appropriate docket ID number.

II. What Action is the Agency Taking? EPA has assessed the risks of tetrachlorvinphos and reached an Interim Tolerance Reassessment Eligibility Decision ( TRED) or a Report on FQPA Tolerance Reassessment Progress and Interim Risk Management Decision for this pesticide. With risk mitigation measures adopted, tetrachlorvinphos fits into its own risk cup its individual, aggregate risks are within acceptable levels. The RED for tetrachlorvinphos was completed in 1995. At that time, the Agency assessed the risk for dietary, occupational, ecological, and residential concerns. With the passage of FQPA, the tolerances for tetrachlorvinphos needed to be reassessed according to the FQPA safety standard. In this current assessment, the Agency looked at dietary, residential and occupational concerns. Tetrachlorvinphos is currently applied dermally to livestock to control flies and mites; used as a feed through ( oral) larvicide in cattle, hogs, goats, and horses; in cattle ear tags to control flies; and in poultry production to control beetles, flies, and mites. Tetrachlorvinphos also is used as a dust/ powder, aerosol, and pump spray on pets and in pet sleeping areas, and in collars and shampoos for direct treatment of pets. It is used as a spray to control nuisance and public health pests ( flies) in and around refuse sites, recreational areas, and for general outdoor treatment. Dietary risks from eating food items containing residues of tetrachlorvinphos are below the level of concern for the entire U. S. population, including infants and children. Drinking water is not a significant source of exposure. Residential handler and post application risks were also not of concern for all exposure scenarios. However, the Agency has concern over VerDate 0ct< 31> 2002 17: 41 Dec 17, 2002 Jkt 200001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 18DEN1. SGM 18DEN1 77492 Federal Register / Vol. 67, No. 243 / Wednesday, December 18, 2002 / Notices the potential for over application of powder products. Labels need to be modified to specify how much product to apply to treat pets of different sizes. Additionally, based on discussions with stakeholders, EPA believes that directions for outdoor uses as premise sprays around kennels, yards, campgrounds, and parks, and along foot paths and roadways leading to such areas, must clearly limit use to spot treatments only. Worker risks for most scenarios are not of concern if measures to reduce exposure, such as personal protective equipment, are used. However, use of the EC formulation as a paint on poses high risks to workers despite the maximum protection feasible. Therefore this use will be removed from product labels. For other scenarios, such as applying dusts with power dusting equipment, additional data are needed to confirm that risks to workers will not be excessive. In addition, EPA has determined that labels for tetrachlorvinphos feedthrough products for horses must state that the product is a chlolinesterase inhibitor, describe signs of cholinesterase inhibition in horses, caution against the use with other cholinesterase inhibiting compounds, and direct horse owners to consult a veterinarian before using products containing tetrachlorvinphos on debilitated, aged, breeding, pregnant or nursing animals. The interim risk management decision document for tetrachlorvinphos was made through the organophosphate pesticide pilot public participation process, which increases transparency and maximizes stakeholder involvement in EPA's development of risk assessments and risk management decisions. The pilot public participation process was developed as part of the EPA USDA Tolerance Reassessment Advisory Committee ( TRAC), which was established in April 1998, as a subcommittee under the auspices of EPA's National Advisory Council for Environmental Policy and Technology. A goal of the pilot public participation process is to find a more effective way for the public to participate at critical junctures in the Agency's development of organophosphate pesticide risk assessments and risk management decisions. EPA and USDA began implementing this pilot process in August 1998, to increase transparency and opportunities for stakeholder consultation. EPA worked extensively with affected parties to reach the decisions presented in the interim risk management decision documents, which conclude the pilot public participation process for tetrachlorvinphos. As part of the pilot public participation process, numerous opportunities for public comment were offered as these interim risk management decision documents were being developed. The tetrachlorvinphos interim risk management decision document therefore is issued in final, without a formal public comment period. The docket remains open, however, and any comments submitted in the future will be placed in the public docket. The risk assessments for tetrachlorvinphos were released to the public through a notice published in the Federal Register of January 15, 1999 ( 64 FR 2644) ( FRL   6056   9) and March 27, 2000 ( 65 FR 16197) ( FRL   6551   4). Addenda to these assessments are also available in the public docket. EPA's next step under FQPA is to complete a cumulative risk assessment and risk management decision for the organophosphate pesticides, which share a common mechanism of toxicity. The interim risk management decision document on tetrachlorvinphos cannot be considered final until this cumulative assessment is complete. When the cumulative risk assessment for the organophosphate pesticides has been completed, EPA will issue its final tolerance reassessment decision for tetrachlorvinphos and further risk mitigation measures may be needed.

List of Subjects Environmental protection, Chemicals, Pesticides and pests.

Dated: December 3, 2002. Lois A. Rossi, Director, Special Review and Reregistration Division, Office of Pesticide Programs. [ FR Doc. 02   31361 Filed 12   17   02; 8: 45 am]

BILLING CODE 6560   50   S ENVIRONMENTAL PROTECTION AGENCY [ FRL   7423   8]

Clean Water Act Section 303( d): Final Agency Action on 37 Total Maximum Daily Loads ( TMDLs)

AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice of availability.

SUMMARY: This notice announces final agency action on 37 TMDLs prepared by EPA Region 6 for waters listed in the state of Arkansas, under section 303( d) of the Clean Water Act ( CWA). These TMDLs were completed in response to the lawsuit styled Sierra Club, et al. v. Clifford, et al., No. LR   C   99   114. Documents from the administrative record files for the final 37 TMDLs, including TMDL calculations and responses to comments, may be viewed at http:// www. epa. gov/ earth1r6/ 6wq/ artmdl. htm.

ADDRESSES: The administrative record files for these 37 TMDLs may be obtained by writing or calling Ms. Ellen Caldwell, Environmental Protection Specialist, Water Quality Protection Division, U. S. Environmental Protection Agency Region 6, 1445 Ross Ave., Dallas, TX 75202   2733. Please contact Ms. Caldwell to schedule an inspection.

FOR FURTHER INFORMATION CONTACT: Ellen Caldwell at ( 214) 665   7513.

SUPPLEMENTARY INFORMATION: In 1999, five Arkansas environmental groups, the Sierra Club, Federation of Fly Fishers, Crooked Creek Coalition, Arkansas Fly Fishers, and Save our Streams ( plaintiffs), filed a lawsuit in Federal Court against the United States Environmental Protection Agency ( EPA), styled Sierra Club, et al. v. Browner et al., No. LR   C   99   114. Among other claims, plaintiffs alleged that EPA failed to establish Arkansas TMDLs in a timely manner.

EPA Takes Final Agency Action on 37 TMDLs By this notice EPA is taking final agency action on the following 37 TMDLs for waters located within the state of Arkansas:

Segment reach Waterbody name Pollutant 11140203   20   11.9 ....................................................................... Dorcheat Bayou ........................................................................... Mercury 11140203   22   8.4 ......................................................................... Dorcheat Bayou ........................................................................... Mercury 11140203   24   7 ............................................................................ Dorcheat Bayou ........................................................................... Mercury 11140203   26   23.3 ....................................................................... Dorcheat Bayou ........................................................................... Mercury 11110206   02   8.7 ......................................................................... Fourche LaFave River ................................................................. Mercury 11010014   36 ................................................................................ South Fork Little Red River ......................................................... Mercury 11140203 ...................................................................................... Columbia Lake ............................................................................. Mercury VerDate 0ct< 31> 2002 18: 59 Dec 17, 2002 Jkt 200001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 18DEN1. SGM 18DEN1