practicable. Repairs conducted on an existing vessel, resulting in no
significant changes to the original structure or arrangement of the
vessel, must comply with the standards applicable to the vessel at the
time of construction or, as an alternative, with the regulations in
this part.

Sec.  144.120  A classed vessel.

    A vessel currently classed by a recognized classification society
is deemed to be in compliance with the requirements of subparts B and C
of this part.

Sec.  144.125  A vessel with a load line.

    A vessel with a valid load line certificate issued in accordance
with subchapter E of this chapter may be deemed in compliance with the
requirements of subparts B and C of this part.

Sec.  144.130  A vessel built to the International Convention for the
Safety of Life at Sea, 1974, as amended, requirements.

    A vessel built to the International Convention for the Safety of
Life at Sea, 1974, as amended, is considered to be in compliance with
this part.

Sec.  144.135  Verification of compliance with design standards.

    Verification of compliance with the construction and arrangement
design standards of this part must be performed according to the
following table:

     Table 144.135--Verification of Compliance With Design Standards
------------------------------------------------------------------------
                                               Then the applicable
           If the vessel is--               requirements must be met--
------------------------------------------------------------------------
(a) A new vessel,......................  Before the COI is issued.
(b) A vessel to undergo a major          Before the major conversion or
 conversion or alteration to the hull,    alteration is performed.
 machinery, or equipment that may
 affect the vessel's safety,
(c) A vessel on which a new              Before the new installation is
 installation that is not a               performed.
 ``replacement in kind'' is to be made
 after July 20, 2016,
------------------------------------------------------------------------

Sec.  144.140  Qualifications.

    Use the following table to determine the individual or entity that
may conduct a verification of compliance with design standards required
by Sec.  144.135.

                              Table 144.140
------------------------------------------------------------------------
 Verification of compliance with design
    standards may be performed by--              Provided that--
------------------------------------------------------------------------
(a) A registered professional engineer   The PE ensures he or she does
 (P.E.) licensed by one of the states     not exceed the scope of his or
 of the United States or the District     her P.E. license.
 of Columbia;
(b) An authorized classification         The authorized classification
 society that has been delegated the      society ensures that the
 authority to issue the SOLAS Cargo       employees that perform the
 Ship Safety Construction Certificate     verification of compliance
 under 46 CFR 8.320;                      holds proper qualifications
                                          for the type of verification
                                          performed.
(c) The Coast Guard....................  ...............................
------------------------------------------------------------------------

Sec.  144.145  Procedures for verification of compliance with design
standards.

    (a) Verification of compliance with design standards, when required
by Sec.  144.135, must be performed by an individual or entity who
meets the requirements of Sec.  144.140.
    (b) Verification of compliance with design standards must be based
on objective evidence of compliance with the applicable requirements
and include:
    (1) A description of the vessel's intended service and route;
    (2) The standards used for the vessel's design and construction;
    (3) Deviations from the standards used, if any;
    (4) A statement that the vessel is suitable for the intended
service and route; and
    (5) The identification of the individual or entity in Table 144.140
of Sec.  144.140 who conducted the verification of compliance.
    (c) Verification of compliance with design standards must include
review and analyses of sufficient plans, drawings, schematics,
calculations, and other documents to ensure the vessel complies with
the standards used. The plans must be stamped with the seal authorized
for use by the individual or entity performing the verification of
compliance, or otherwise indicate that they have been reviewed and
determined to meet the applicable standards by an individual or entity
who meets the requirements of Sec.  144.140.
    (d) A copy of the verified plan must be provided to the cognizant
Officer in Charge, Marine Inspection (OCMI) and the third-party
organization (TPO) conducting the surveys, if applicable, except as
provided in paragraph (e) of this section.
    (e) Plans verified by an authorized classification society need
only be provided to the Coast Guard upon request.
    (f) If the vessel is a new vessel, a copy of the verified plan must
be available at the construction site.
    (g) As referred to in this section, the term plan may include, but
is not limited to drawings, documents, or diagrams of the following:
    (1) Outboard profile.
    (2) Inboard profile.
    (3) Arrangement of decks.
    (4) Midship section and scantling plans.
    (5) Survival craft embarkation stations.
    (6) Machinery installation, including, but not limited to:
    (i) Propulsion and propulsion control, including shaft details;
    (ii) Steering and steering control, including rudder details;
    (iii) Ventilation diagrams;
    (iv) Fuel transfer and service system, including tanks;
    (v) Piping systems including: bilge, ballast, hydraulic,
combustible and flammable liquids, vents, and overflows; and
    (vi) Hull penetrations and shell connections;
    (7) Electrical installation including, but not limited to:
    (i) Elementary one-line diagram of the power system;
    (ii) Cable lists;
    (iii) Type and size of generators and prime movers;
    (iv) Type and size of generator cables, bus-tie cables, feeders,
and branch circuit cables;
    (v) Power and lighting panelboards with number of circuits and
rating of energy consuming devices;
    (vi) Capacity of storage batteries;
    (vii) Rating of circuit breakers and switches, interrupting
capacity of circuit breakers, and rating and setting of overcurrent
devices; and
    (viii) Electrical plant load analysis as required by Sec.  143.555
of this subchapter.

    (8) Lifesaving equipment locations and installation;
    (9) Fire protection equipment installation including, but not
limited to:
    (i) Fire main system plans and calculations;
    (ii) Fixed gas fire extinguishing system plans and calculations;
    (iii) Fire detecting system and smoke detecting system plans;
    (iv) Sprinkler system diagram and calculations; and
    (v) Portable fire extinguisher types, sizes, and locations;
    (10) Lines and offsets, curves of form, cross curves of stability,
tank capacities including size and location on vessel, and other
stability documents needed to show compliance; and
    (11) Towing arrangements.

Sec.  144.155  Verification of compliance with design standards for a
sister vessel.

    (a) Verification of compliance required by Sec.  144.135 is not
required for a sister vessel, provided that:
    (1) The original vessel has been verified as complying with this
part;
    (2) The owner authorizes the use of the plans for the original
vessels for the new construction of the sister vessel;
    (3) The standards used in the design and construction of the
original vessel have not changed since the original verification of
compliance;
    (4) The sister vessel is built to the same verified plans,
drawings, schematics, calculations, and other documents and equipped
with machinery of the same make and model as the original vessel, and
has not been subsequently modified;
    (5) The sister vessel is built in the same shipyard facility as the
original vessel; and
    (6) For a sister vessel subject to a stability standard, that the
conditions in Table 144.155 of this section are met:

                              Table 144.155
------------------------------------------------------------------------
                  If--                                Then--
------------------------------------------------------------------------
(i) The delivery date of the sister      The approved lightweight
 vessel is not more than 2 years after    characteristics of that
 a previous stability test date of        earlier vessel are adopted by
 either the original vessel or an         the sister vessel;
 earlier sister vessel,
(ii) Paragraph (a)(6)(i) of this         The vertical center of gravity
 section does not apply, and the          (VCG) of the earlier vessel is
 lightweight characteristics determined   adopted by the sister vessel
 from a deadweight survey of the sister   and used with the lightweight
 vessel are shown to meet both the        displacement and LCG
 following criteria:                      determined from the deadweight
 (A) the lightweight displacement         survey of the sister vessel;
 differs by not more than 3 percent of
 the earlier vessel's lightweight
 displacement, and
 (B) the longitudinal center of gravity
 (LCG) differs by not more than 1
 percent of the length between
 perpendiculars (LBP) of the earlier
 vessel's LCG,
(iii) Neither paragraph (a)(6)(i) nor    The vessel must undergo a
 (ii) of this section apply because       stability test in accordance
 both the criteria in paragraphs          with 46 CFR part 170, subpart
 (a)(6)(ii)(A) and (B) of this section    F;
 are not met and lightweight
 characteristics were determined from a
 stability test on either the original
 vessel or a sister vessel,
(iv) No vessel of the class of sister    One vessel of the class must
 vessels previously underwent a           undergo a stability test in
 stability test,                          accordance with 46 CFR part
                                          170, subpart F, and each
                                          sister vessel to which a
                                          stability standard applies
                                          must meet either paragraph
                                          (a)(6)(ii) or (iii) of this
                                          section.
------------------------------------------------------------------------

    (b) A statement that verifies sister vessel status for each element
of paragraph (a) of this section from an individual or entity meeting
the requirements of Sec.  144.140 must be retained and produced upon
request.

Sec.  144.160  Marking.

    (a) The hull of each documented vessel must be marked as required
by part 67 of this chapter.
    (b) The hull of each undocumented vessel must be marked with its
name and hailing port.
    (c) A vessel complying with either Sec.  144.300(a) or Sec.
144.305 must have draft marks that meet the requirements of Sec.
97.40-10 of this chapter.
    (d) Each vessel assigned a load line must have the load line marks
and the deck line permanently scribed or embossed as required by
subchapter E of this chapter.
    (e) Each watertight door and watertight hatch must be marked on
both sides in clearly legible letters at least 25 millimeters (1 inch)
high: ``WATERTIGHT DOOR--KEEP CLOSED'' or ``WATERTIGHT HATCH--KEEP
CLOSED''.
    (f) Each escape hatch and emergency exit used as means of escape
must be marked on both sides in clearly legible letters at least 50
millimeters (2 inches) high: ``EMERGENCY EXIT, KEEP CLEAR''.

Subpart B--Structure

Sec.  144.200  Structural standards for an existing vessel.

    An existing vessel may be deemed by the OCMI, or TPO, to be in
compliance with this subpart provided that either:
    (a) The vessel is built, equipped, and maintained to conform to the
rules of a recognized classification society appropriate for the
intended service and routes, but not classed; or
    (b) The vessel has been both in satisfactory service insofar as
structural adequacy is concerned and does not cause the structure of
the vessel to be questioned by either the OCMI, or TPO engaged to
perform an audit or survey.

Sec.  144.205  Structural standards for a new vessel.

    (a) Except as provided in paragraphs (b) and (c) of this section, a
new vessels must comply with the standards established by the American
Bureau of Shipping (ABS) as provided in the following table.

         Table 144.205(a)--Structural Standards for a New Vessel
------------------------------------------------------------------------
For a new vessel to be certificated for     ABS Rules for Building and
              service on--                          Classing--
------------------------------------------------------------------------
(1) Lakes, bays, and sounds, limited     Steel Vessels Under 90 Meters
 coastwise, coastwise, and oceans         (295 Feet) in Length
 routes;                                  (incorporated by reference,
                                          see Sec.   136.112 of this
                                          subchapter) apply; or
(2) Rivers or intracoastal waterways     Steel Vessels for Service on
 routes.                                  Rivers and Intracoastal
                                          Waterways (incorporated by
                                          reference, see Sec.   136.112
                                          of this subchapter) apply.
------------------------------------------------------------------------

    (b) Alternate design standards to comply with this subpart may be
approved in accordance with Sec.  136.115 of this subchapter.
    (c) The current standards of a recognized classification society,
other than ABS, may be used provided they are accepted by the Coast
Guard as providing an equivalent level of safety.
    (d) The structural standard selected must be applied throughout the
vessel including design, construction, installation, maintenance,
alteration, and repair. Deviations are subject to approval by the
Commanding Officer, Marine Safety Center.

Sec.  144.215  Special consideration.

    The cognizant OCMI may give special consideration to the structural
requirements for a vessel if that vessel is:
    (a) Not greater than 65 feet in length;
    (b) Operating exclusively within a limited geographic area; or
    (c) Of an unusual design not contemplated by the rules of the
American Bureau of Shipping or other recognized classification society.

Subpart C--Stability and Watertight Integrity

Sec.  144.300  Stability standards for an existing vessel.

    (a) The owner or managing operator of an existing vessel operating
under a stability document must be able to readily produce a copy of
such document.
    (b) The owner or managing operator of an existing vessel not
operating under a stability document must be able to show at least one
of the following:
    (1) The vessel's operation or a history of satisfactory service
does not cause the stability of the vessel to be questioned by either
the Coast Guard or a TPO engaged to perform an audit or survey.
    (2) The vessel performs successfully on operational tests to
determine whether the vessel has adequate stability and handling
characteristics.
    (3) The vessel has a satisfactory stability assessment by means of
giving due consideration to each item that impacts a vessel's stability
characteristics which include, but are not limited to, the form,
arrangement, construction, number of decks, route, and operating
restrictions of the vessel.

Sec.  144.305  Stability standards for a new vessel.

    Each new vessel must meet the applicable stability requirements of
part 170 and, if applicable, of part 173, subpart E, of this chapter in
addition to the requirements in the following table:

           Table 144.305--Stability Standards for a New Vessel
------------------------------------------------------------------------
Each new vessel certificated to operate  Must meet the requirements of--
                  on--
------------------------------------------------------------------------
(a) Protected waters...................  Sec.   170.173(e)(2) of this
                                          chapter.
(b) Partially protected waters.........  Sec.  Sec.   170.170 and
                                          170.173(e)(1) of this chapter.
(c) Exposed waters or that is assigned   Sec.  Sec.   170.170 and
 a load line.                             174.145 of this chapter.
------------------------------------------------------------------------

Sec.  144.310  Lifting requirements for a new vessel.

    Each new vessel equipped for lifting must meet the requirements of
part 173, subpart B, of this chapter.

Sec.  144.315  Weight and moment history requirements for a vessel with
approved lightweight characteristics.

    (a) A weight and moment history of changes to the vessel since
approval of its lightweight characteristics (displacement, Longitudinal
Center of Gravity (LCG) and Vertical Center of Gravity (VCG)) must be
maintained. All weight modifications to the vessel (additions,
removals, and relocations) including a calculation of the aggregate
weight change (absolute total of all additions, removals, and
relocations) must be recorded in the history, along with a description
of the change(s), when and where accomplished, moment arms, etc. After
each modification, the lightweight characteristics must be
recalculated.
    (b) When the aggregate weight change is more than 2 percent of the
vessel's approved lightweight displacement, or the recalculated change
in the vessel's lightweight LCG is more than 1 percent of the LBP, a
deadweight survey must be performed to determine the vessel's current
lightweight displacement and LCG. Use the following table to determine
when the deadweight survey results or the vessel's aggregate weight
change requires the vessel to undergo a specified stability test:

                              Table 144.315
------------------------------------------------------------------------
                  If--                                Then--
------------------------------------------------------------------------
(1) The deadweight survey results are    the recalculated lightweight
 both within 1 percent of the             VCG can be accepted as
 recalculated lightweight displacement    accurate;
 and within 1 percent LBP of the
 recalculated lightweight LCG,
(2) The deadweight survey results do     the vessel must undergo a
 not meet the criteria of paragraph       stability test in accordance
 (b)(1) of this section,                  with 46 CFR 170, subpart F;
(3) The aggregate weight change is more  the vessel must undergo a
 than 10 percent of the vessel's          stability test in accordance
 approved lightweight displacement,       with 46 CFR 170, subpart F.
------------------------------------------------------------------------

Sec.  144.320  Watertight or weathertight integrity.

    (a) Each vessel fitted with installed bulwarks around the exterior
of the main deck must have sufficient freeing ports or scuppers or a
combination of freeing ports and scuppers to allow water to run off the
deck quickly without adversely affecting the stability of the vessel.
    (b) Closure devices must be provided for deckhouse or hull
penetrations, which open to the exterior of the vessel and which may
allow water to enter the vessel. These devices must be suitable for the
expected route.

Sec.  144.330  Review of a vessel's watertight and weathertight
integrity.

    The cognizant OCMI may require review of a vessel's watertight and
weathertight integrity. This review may be performed by an individual
who meets the requirements of Sec.  144.140. The review may include an
examination of a plan that shows the original placement of decks and
bulkheads.

Subpart D--Fire Protection

Sec.  144.400  Applicability.

    Except for Sec.  144.415, which applies to each new and existing
vessel, this subpart applies to each new towing vessel.

Sec.  144.405  Fire hazards to be minimized.

    Each vessel must be designed and constructed to minimize fire
hazards insofar as reasonable and practicable.

Sec.  144.410  Separation of machinery and fuel tank spaces from
accommodation spaces.

    Machinery and fuel tank spaces must be separated from accommodation
spaces by bulkheads. Doors may be installed provided they are the self-
closing type.

Sec.  144.415  Combustibles insulated from heated surfaces.

    Internal combustion engine exhaust ducts, galley exhaust ducts and
similar ignition sources must be insulated with noncombustible
insulation if less than 450 mm (18 inches) away from combustible
material. Installations in accordance with ABYC P-1 or NFPA 302
(incorporated by reference, see Sec.  136.112 of this subchapter) will
be considered as meeting the requirements of this section.

Sec.  144.425  Waste receptacles.

    Unless other means are provided to ensure that a potential waste
receptacle fire would be limited to the receptacle, waste receptacles
must be constructed of noncombustible materials with no openings in the
sides or bottom.

Sec.  144.430  Mattresses.

    Each mattress must comply with either:
    (a) The Consumer Product Safety Commission Standard for Mattress
Flammability (FF 4-72, Amended), 16 CFR part 1632, subpart A, and not
contain polyurethane foam; or
    (b) IMO Resolution A.688(17) (incorporated by reference, see Sec.
136.112 of this subchapter) in which case the mattress may contain
polyurethane foam.

Subpart E--Emergency Escape

Sec.  144.500  Means of escape.

    Where practicable and except as provided in Sec.  144.515, each
space where crew may be quartered or normally employed must have at
least two means of escape. Arrangements on an existing vessel may be
retained if it is impracticable or unreasonable to provide two means of
escape.

Sec.  144.505  Location of escapes.

    The two required means of escape must be widely separated and, if
possible, at opposite ends or sides of the space. Means may include
normal and emergency exits, passageways, stairways, ladders, deck
scuttles, doors, and windows.

Sec.  144.510  Window as a means of escape.

    On a vessel of 65 feet (19.8 meters) or less in length, a window or
windshield of sufficient size and proper accessibility may be used as
one of the required means of escape from an enclosed space, provided
it:
    (a) Does not lead directly overboard;
    (b) Is suitably marked; and
    (c) Has a means to open the window or break the glass.

Sec.  144.515  One means of escape required.

    Only one means of escape is required from a space where:
    (a) The space has a deck area less than 30 square meters (322
square feet);
    (b) There is no stove, heater, or other source of fire in the
space;
    (c) The means of escape is located as far as possible from a
machinery space or fuel tank; and
    (d) If an accommodation space, the single means of escape does not
include a deck scuttle or a ladder.

Subpart F--Ventilation

Sec.  144.600  Ventilation for accommodations.

    Each accommodation space on a vessel must be ventilated in a manner
suitable for the purpose of the space.

Sec.  144.605  Means to stop fans and close openings.

    Means must be provided for stopping each fan in a ventilation
system serving machinery spaces and for closing, in case of fire, each
doorway, ventilator, and annular space around funnels and other
openings into such spaces.

Sec.  144.610  Ventilation in a vessel more than 65 feet in length.

    A vessel of more than 65 feet (19.8 meters) in length with
overnight accommodations must have a mechanical ventilation system
unless a natural system, such as opening windows, portholes, or doors,
will provide adequate ventilation in ordinary weather.

Subpart G--Crew Spaces

Sec.  144.700  General requirements.

    (a) A crew accommodation space and a work space must be of
sufficient size, adequate construction, and with suitable equipment to
provide for the safe operation of the vessel and the protection and
accommodation of the crew in a manner practicable for the size,
facilities, service, route, and modes of operation of the vessel.
    (b) The deck above a crew accommodation space must be located above
the deepest load waterline.

Sec.  144.710  Overnight accommodations.

    Overnight accommodations must be provided for crewmembers if it is
operated more than 12 hours in a 24-hour period, unless the crew is put
ashore and the vessel is provided with a new crew.

Sec.  144.720  Crew rest consideration.

    The condition of the crew accommodations must consider the
importance of crew rest. Factors to consider include vibrations,
ambient light, noise levels, and general comfort. Every effort must be
made to ensure that quarters help provide a suitable environment for
sleep and off-duty rest.

Subpart H--Rails and Guards

Sec.  144.800  Handrails and bulwarks.

    (a) Rails or equivalent protection must be installed near the
periphery of all decks accessible to crew. Equivalent protection may
include lifelines, wire rope, chains, and bulwarks that provide
strength and support equivalent to fixed rails.
    (b) In areas where space limitations make deck rails impractical,
such as at narrow catwalks in way of deckhouse sides, hand grabs may be
substituted.

Sec.  144.810  Storm rails.

    On a vessel in oceans or coastwise service, suitable storm rails or
hand grabs must be installed in all passageways and at the deckhouse
sides where persons onboard might have normal access.

Sec.  144.820  Guards in dangerous places.

    An exposed hazard such as gears and rotating machinery, must be
protected by a cover, guard or rail. This is not meant to restrict
access to towing equipment such as winches, drums, towing gear or
steering compartment equipment necessary for the operation of the
vessel.

Sec.  144.830  Protection against hot piping.

    Each exhaust pipe from an internal combustion engine which is
within reach of personnel must be insulated or otherwise guarded to
prevent burns. On a new vessel, each pipe that contains vapor, gas, or
liquid that has a temperature exceeding 150[emsp14][deg]F (65.5 [deg]C)
which is within reach of personnel must be insulated where necessary or
otherwise guarded to prevent injury.

Subpart I--Visibility

Sec.  144.905  Operating station visibility.

    (a) Windows and other openings at the operating station must be of
sufficient size and properly located to provide a clear field of vision
for safe operation in any condition.
    (b) Means must be provided to ensure that windows immediately
forward of the operating station in the pilothouse allow for adequate
visibility to ensure safe navigation regardless of weather conditions.
This may include mechanical means such as windshield wipers, defoggers,
clear-view screens, or other such means, taking into consideration the
intended route of the vessel.
    (c) The field of vision from the operating station on a new vessel
must extend over an arc from dead ahead to at least 60 degrees on
either side of the vessel.
    (d) If a new vessel is towing astern, the operating station must be
provided with a view aft.
    (e) In a new vessel, glass or other glazing material used in
windows at the operating station must have a light transmission of not
less than 70 percent according to Test 2 of ANSI/SAE Z 26.1-1996
(incorporated by reference, see Sec.  136.112 of this subchapter) and
must comply with Test 15 of ANSI/SAE Z 26.1-1996 for Class I Optical
Deviation.

Sec.  144.920  Window or portlight strength in a new vessel.

    (a) Each window or portlight, and its means of attachment to the
hull or the deckhouse, must be capable of withstanding the maximum
expected load from wind and waves, due to its location on the vessel
and the vessel's authorized route.
    (b) Any covering or protection placed over a window or porthole
that could be used as a means of escape must be able to be readily
removed or opened from within the space.
    (c) Glass and other glazing materials used in windows of a new
towing vessel must be materials that will not break into dangerous
fragments if fractured.

PART 199--LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS

0
14. The authority citation for part 199 continues to read as follows:

    Authority: 46 U.S.C. 3306, 3703; Pub. L. 103-206, 107 Stat.
2439; Department of Homeland Security Delegation No. 0170.1.

0
15. In Sec.  199.01, redesignate paragraphs (a)(3) and (4) as
paragraphs (a)(4) and (5), respectively, and add new paragraph (a)(3)
to read as follows:

Sec.  199.01  Purpose.

    (a) * * *
    (3) Towing vessels, which are covered by subchapter M of this
chapter;
* * * * *

0
16. Amend Sec.  199.10 as follows:
0
a. Revise Table 199.10(a); and
0
b. In paragraph (b) after the words ``small passenger vessels;'' add
the words ``towing vessels;''.
    The revision reads as follows:

Sec.  199.10  Applicability.

    (a) * * *

                                             Table 199.10(a)--Lifesaving Requirements for Inspected Vessels
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Subchapter W subparts applicable \1\
      Row        46 CFR  subchapter     Vessel  type       Vessel  service  ------------------------------------------------          Other \2\
                                                                                A       B       C       D       E       F
--------------------------------------------------------------------------------------------------------------------------------------------------------
1..............  D.................  Tank >=500 tons...  International           X       X   ......      X   ......  ......
                                                          voyage \3\.
2..............  D.................  Tank <500 tons....  International           X       X   ......      X       X       X   ...........................
                                                          voyage \3\.
3..............  D.................  Tank..............  All other services      X       X   ......      X       X       X   ...........................
4..............  H.................  Passenger.........  International           X       X       X   ......  ......  ......  ...........................
                                                          voyage \3\.
5..............  H.................  Passenger.........  Short Inter'l           X       X       X   ......  ......  ......  ...........................
                                                          voyage \3\.
6..............  H.................  Passenger.........  All other services      X       X       X   ......      X       X   ...........................
7..............  I.................  Cargo >=500 tons..  International           X       X   ......      X   ......  ......  ...........................
                                                          voyage \3\.
8..............  I.................  Cargo <500 tons...  International           X       X   ......      X       X       X   ...........................
                                                          voyage \3\.
9..............  I.................  Cargo.............  All other services      X       X   ......      X       X       X   ...........................
10.............  I-A...............  MODU..............  All...............  ......  ......  ......  ......  ......  ......  46 CFR part 108.
11.............  K.................  Small Passenger...  International           X       X       X   ......  ......  ......  ...........................
                                                          voyage \3\.
12.............  K.................  Small Passenger...  Short Inter'l           X       X       X   ......  ......  ......  ...........................
                                                          voyage \3\.
13.............  K.................  Small Passenger...  All other services  ......  ......  ......  ......  ......  ......  46 CFR part 117.
14.............  L.................  Offshore Supply...  All...............  ......  ......  ......  ......  ......  ......  46 CFR part 133.
15.............  M.................  Towing Vessels....  International           X       X   ......      X   ......  ......  ...........................
                                                          voyage \3\.
16.............  M.................  Towing Vessels....  All other.........  ......  ......  ......  ......  ......  ......  46 CFR part 141.

17.............  R--Part 167.......  Public Nautical     International           X       X   X \4\   X \5\   ......  ......  ...........................
                                      School.             voyage \3\.
18.............  R--Part 167.......  Public Nautical     All other services      X       X   X \4\   X \5\       X       X   ...........................
                                      School.
19.............  R--Part 168.......  Civilian Nautical   International           X       X   X \4\   X \5\   ......  ......  ...........................
                                      School.             voyage \3\.
20.............  R--Part 168.......  Civilian Nautical   All other services      X       X   X \4\   X \5\       X       X   ...........................
                                      School.
21.............  R--Part 169.......  Sailing School....  All services......  ......  ......  ......  ......  ......  ......  46 CFR 169.500.
22.............  T.................  Small Passenger...  International           X       X       X   ......  ......  ......  ...........................
                                                          voyage \3\.
23.............  T.................  Small Passenger...  Short Int'l voyage      X       X       X   ......  ......  ......  ...........................
                                                          \3\.
24.............  T.................  Small Passenger...  All other services  ......  ......  ......  ......  ......  ......  46 CFR part 180.
25.............  U.................  Oceanographic Res.  International           X       X   X \4\   X \5\   ......  ......  ...........................
                                                          voyage \3\.
26.............  U.................  Oceanographic Res.  All other services      X       X   X \4\   X \5\       X       X   ...........................
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
\1\ Subchapter W of this chapter does not apply to inspected nonself-propelled vessels without accommodations or work stations on board.
\2\ Indicates section where primary lifesaving system requirements are located. Other regulations may also apply.
\3\ Not including vessels solely navigating the Great Lakes of North America and the Saint Lawrence River as far east as a straight line drawn from Cap
  des Rosiers to West Point, Anticosti Island and, on the north side Anticosti Island, the 63rd meridian.
\4\ Applies to vessels carrying more than 50 special personnel, or vessels carrying not more than 50 special personnel if the vessels meet the
  structural fire protection requirements in subchapter H of this chapter for passenger vessels of the same size.
\5\ Applies to vessels carrying not more than 50 special personnel that do not meet the structural fire protection requirements in subchapter H of this
  chapter for passenger vessels of the same size.

* * * * *

    Dated: May 25, 2016.
Paul F. Zukunft,
Admiral, U.S. Coast Guard, Commandant.
[FR Doc. 2016-12857 Filed 6-10-16; 4:15 pm]
 BILLING CODE 9110-04-P


[Federal Register: December 23, 2008 (Volume 73, Number 247)]
[Notices]
[Page 78778-78780]
[DOCID:fr23de08-71]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP09-18-000]

Dominion Transmission, Inc.; Notice of Intent To Prepare an
Environmental Assessment for the Proposed Dominion Hub III Project and
Request for Comments on Environmental Issues

December 16, 2008.
    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of the Dominion Hub III Project
(Dominion Hub III) involving construction and operation of facilities
by Dominion Transmission, Inc. (DTI) in Green County, Pennsylvania, and
Wetzel County, West Virginia.\1\ This EA will be used by the Commission
in its decision-making process to determine whether the project is in
the public convenience and necessity.
---------------------------------------------------------------------------

    \1\ On October 31, 2008, DTI filed its application with the
Commission under section 7 of the Natural Gas Act and Part 157 of
the Commission's regulations. The Commission issued its Notice of
Application on November 13, 2008.
---------------------------------------------------------------------------

    This notice announces the opening of the scoping process we will
use to gather input from the public and interested agencies on the
project. Your input will help the Commission staff determine which
issues need to be evaluated in the EA. Please note that the scoping
period will close on January 15, 2009.
    This notice is being sent to affected landowners; Federal, State,
and local government representatives and agencies; elected officials;
environmental and public interest groups; Native American Tribes; other
interested parties; and local libraries and newspapers. State and local
government representatives are asked to notify their constituents of
this planned project and encourage them to comment on their areas of
concern.
    If you are a landowner receiving this notice, you may be contacted
by a DTI representative about survey permission and/or the acquisition
of an easement to construct, operate, and maintain the proposed
facilities. The company would seek to negotiate a mutually acceptable
agreement. However, if the project is approved by the Commission, that
approval conveys with it the right of eminent domain. Therefore, if
easement negotiations fail to produce an agreement, the natural gas
company could initiate condemnation proceedings in accordance with
state law.
    A fact sheet prepared by the FERC entitled ``An Interstate Natural
Gas Facility On My Land? What Do I Need To Know?'' is available for
viewing on the FERC Web site (http://www.ferc.gov). This fact sheet
addresses a number of typically asked questions, including the use of
eminent domain and how to participate in the Commission's proceedings.
It is available for viewing on the FERC Internet Web site (http://
www.ferc.gov).

Summary of the Proposed Project

    DTI propose to create the capability for an additional 224,000
dekatherms (dt) per day of natural gas to enter the DTI pipeline system
supplies to meet the growing gas demands of the Northeast and Mid-
Atlantic markets. The completion of the project would provide DTI
customers access to natural gas from the Rocky Mountain area. DTI is
proposing to:
     Install about 9.78 miles of 24-inch diameter natural gas
loop \2\ pipeline (TL-492 Ext. 4, in Greene County, Pennsylvania). The
pipeline begins near Bluff, Pennsylvania, and extends northeast through
Wayne, Center, and Franklin Townships to Cargo Avenue, south of
Waynesburg, Pennsylvania. TL-492 Ext. 4 is an extension of TL-492 which
is currently under construction;
---------------------------------------------------------------------------

    \2\ A pipeline loop is constructed parallel to an existing
pipeline to increase capacity.
---------------------------------------------------------------------------

     install a 24-inch diameter valve assembly with blow-offs
at each end of TL-492 Ext. 4 in Greene County, Pennsylvania;
     install a 24-inch diameter pig receiver at the northeast
end of TL-492 Ext. 4, near Cargo Avenue in Greene County, Pennsylvania;
and
     rewheel the turbine at the Mockingbird Hill Compressor
Station in Wetzel County, West Virginia.
    The general location of the project facilities is shown in Appendix
1.\3\
---------------------------------------------------------------------------

    \3\ The appendices referenced in this notice are not being
printed in the Federal Register. Copies of all appendices, other
than Appendix 1 (maps), are available on the Commission's Web site
at the ``eLibrary'' link or from the Commission's Public Reference
Room, 888 First Street, NE., Washington, DC 20426, or call (202)
502-8371. For instructions on connecting to eLibrary, refer to the
last page of this notice. Copies of the appendices were sent to all
those receiving this notice in the mail.

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

    If approved, DTI proposes to commence construction of the proposed
facilities in April 2010.

Land Requirements for Construction

    Construction of the pipeline would temporarily impact about 101.4
acres and 22 additional temporary work spaces. Permanent land
requirements for construction of the proposed pipeline would impact
about 57.0 acres. Approximately 0.28 acres of land would be utilized at
the kick-off, and approximately 0.28 acres of land would be utilized at
the end point for permanent above-ground valve assemblies and pig
receiver. All construction activities associated with rewheeling the
turbine would be located within the compressor station building.
Therefore, no ground disturbance would be associated with rewheeling.
    DTI is proposing to utilize two existing access roads and existing
right-of-way for the proposed project. A total of 1.1 acres would be
temporarily disturbed by the utilization of the access roads during
construction activities since the roads might require upgrades
including grading and the addition of gravel.

The EA Process

    The National Environmental Policy Act (NEPA) requires the
Commission to take into account the environmental impacts that could
result from an action whenever it considers the issuance of a
Certificate of Public Convenience and Necessity. NEPA also requires us
to discover and address concerns the public may have about proposals.
This process is referred to as ``scoping.'' The main goal of the
scoping process is to focus the analysis in the EA on the important
environmental issues. By this Notice of Intent, the Commission staff
requests public comments on the scope of the issues to address in the
EA. All comments received are considered during the preparation of the
EA. State and local government representatives are encouraged to notify
their constituents of this proposed action and encourage them to
comment on their areas of concern.
    In the EA we \4\ will discuss impacts that could occur as a result
of the construction and operation of the proposed project under these
general headings:
---------------------------------------------------------------------------

    \4\ ``We'', ``us'', and ``our'' refer to the environmental staff
of the Office of Energy Projects (OEP).
---------------------------------------------------------------------------

     Geology and soils.
     Land use.
     Water resources, fisheries, and wetlands.
     Cultural resources.
     Vegetation and wildlife.
     Air quality and noise.
     Endangered and threatened species.
     Public safety.
    We will also evaluate possible alternatives to the proposed project
or portions of the project, and make recommendations on how to lessen
or avoid impacts on the various resource areas.
    Our independent analysis of the issues will be in the EA. Depending
on the comments received during the scoping process, the EA may be
published and mailed to Federal, State, and local agencies, public
interest groups, interested individuals, affected landowners,
newspapers, libraries, and the Commission's official service list for
this proceeding. A comment period will be allotted for review if the EA
is published. We will consider all comments on the EA before we make
our recommendations to the Commission. To ensure your comments are
considered, please carefully follow the instructions in the public
participation section below.
    With this NOI, we are asking Federal, State, and local agencies
with jurisdiction and/or special expertise with respect to
environmental issues to formally cooperate with us in the preparation
of the EA. These agencies may choose to participate once they have
evaluated the proposal relative to their responsibilities. Additional
agencies that would like to request cooperating agency status should
follow the instructions for filing comments provided under the Public
Participation section of this NOI.

Currently Identified Environmental Issues

    We have already identified several issues that we think deserve
attention based on a preliminary review of the proposed facilities and
the environmental information provided by DTI. This preliminary list of
issues may be changed based on your comments and our analysis.
     A potentially significant archeological site may be
affected.
     Potential impacts may occur to Indiana Bat Habitat.
     Potential impacts on air quality and potential noise
emissions may occur.

Public Participation

    You can make a difference by providing us with your specific
comments or concerns about Dominion Hub III. Your comments should focus
on the potential environmental effects, reasonable alternatives, and
measures to avoid or lessen environmental impacts. The more specific
your comments, the more useful they will be. To ensure that your
comments are timely and properly recorded, please send in your comments
so that they will be received in Washington, DC on or before January
15, 2009.
    For your convenience, there are three methods in which you can use
to submit your comments to the Commission. In all instances please
reference the project docket number CP09-18-000 with your submission.
The docket number can be found on the front of this notice. The
Commission encourages electronic filing of comments and has dedicated
eFiling expert staff available to assist you at<PHONE_NUMBER> or
<EMAIL_ADDRESS>    (1) You may file your comments electronically by using the Quick
Comment feature, which is located on the Commission's Internet Web site
at http://www.ferc.gov under the link to Documents and Filings. A Quick
Comment is an easy method for interested persons to submit text-only
comments on a project;
    (2) You may file your comments electronically by using the eFiling
feature, which is located on the Commission's Internet Web site at
http://www.ferc.gov under the link to Documents and Filings. eFiling
involves preparing your submission in the same manner as you would if
filing on paper, and then saving the file on your computer's hard
drive. You will attach that file as your submission. New eFiling users
must first create an account by clicking on ``Sign up'' or
``eRegister.'' You will be asked to select the type of filing you are
making. A comment on a particular project is considered a ``Comment on
a Filing''; or
    (3) You may file your comments via mail to the Commission by
sending an original and two copies of your letter to: Kimberly D. Bose,
Secretary, Federal Energy Regulatory Commission, 888 First St., NE.,
Room 1A, Washington, DC 20426;
    Label one copy of the comments for the attention of Gas Branch 2,
PJ11.2.

Environmental Mailing List

    An effort is being made to send this notice to all individuals,
organizations, and government entities interested in and/or potentially
affected by the proposed project. This includes all landowners who are
potential right-of-way grantors, whose property may be used temporarily
for project purposes, or who own homes within distances defined in the
Commission's regulations of certain aboveground facilities.
    If you do not want to send comments at this time but still want to
remain on our mailing list, please return the

Information Request (Appendix 2). If you do not return the Information
Request, you will be taken off the mailing list.

Becoming an Intervenor

    In addition to involvement in the EA scoping process, you may want
to become an ``intervenor,'' which is an official party to the
proceeding. Intervenors play a more formal role in the process and are
able to file briefs, appear at hearings, and be heard by the courts if
they choose to appeal the Commission's final ruling. An intervenor
formally participates in a Commission proceeding by filing a request to
intervene. Instructions for becoming an intervenor are included in the
User's Guide under the ``e-filing'' link on the Commission's Web site.

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at 1-866-208-FERC or on the
FERC Internet Web site (http://www.ferc.gov) using the eLibrary link.
Click on the eLibrary link, click on ``General Search'' and enter the
docket number excluding the last three digits in the Docket Number
field. Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at 1-866-208-3676, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission now offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries and direct links to
the documents. Go to http://www.ferc.gov/esubscribenow.htm.
    Finally, public meetings or site visits will be posted on the
Commission's calendar located at http://www.ferc.gov/EventCalendar/
EventsList.aspx along with other related information.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-30393 Filed 12-22-08; 8:45 am]

BILLING CODE 6717-01-P


ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [ EPA R03 OAR 2005 VA 0013; FRL ]

Approval and Promulgation of Air Quality Implementation Plans; Virginia; Redesignation of the Shenandoah National Park Ozone Nonattainment Area to Attainment and Approval of the Area's Maintenance Plan AGENCY: Environmental Protection Agency ( EPA).

ACTION: Final rule.

SUMMARY: EPA is approving a redesignation request and a State Implementation Plan ( SIP)

revision submitted by the Commonwealth of Virginia. The Virginia Department of Environmental Quality ( VADEQ) is requesting that the Shenandoah National Park area ( the SNP area) be redesignated as attainment for the 8 hour ozone national ambient air quality standard ( NAAQS).

In conjunction with its redesignation request, the Commonwealth submitted a SIP revision consisting of a maintenance plan for the SNP area that provides for continued attainment of the 8

hour ozone NAAQS for the next 10 years. EPA is also approving the adequacy determination for the motor vehicle emission budgets ( MVEBs) that are identified in the 8 hour maintenance plan for the SNP area for purposes of transportation conformity, and is approving those MVEBs.

EPA is approving the redesignation request and the maintenance plan revision to the Virginia SIP in accordance with the requirements of the CAA.

EFFECTIVE DATE: This final rule is effective on [ insert date 30 days from date of publication]. 2 ADDRESSES: EPA has established a docket for this action under Docket ID Number EPAR03 OAR 2005 VA 0013. All documents in the docket are listed in the www. regulations. gov website. Although listed in the electronic docket, some information is not publicly available, i. e.,

confidential business information ( CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www. regulations. gov or in hard copy for public inspection during normal business hours at the Air Protection Division, U. S. Environmental Protection Agency,

Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal are available at the Virginia Department of Environmental Quality, 629 East Main Street, Richmond,

Virginia 23219.

FOR FURTHER INFORMATION CONTACT: Amy Caprio, ( 215) 814 2156, or by e mail at caprio. amy@ epa. gov.

SUPPLEMENTARY INFORMATION:

I. Background On November 4, 2005 ( 70 FR 67109), EPA published a notice of proposed rulemaking ( NPR) for the Commonwealth of Virginia. The NPR proposed approval of Virginia's redesignation request and a SIP revision that establishes a maintenance plan for the SNP area that sets forth how the SNP area will maintain attainment of the 8 hour ozone NAAQS for the next 10 years. The formal SIP revision was submitted by the VADEQ on September 21, 2005 and September 23, 2005.

Other specific requirements of Virginia's redesignation request SIP revision for the maintenance 3 plan, and the rationale for EPA's proposed action are explained in the NPR and will not be restated here. No adverse public comments were received on the NPR.

II. General Information Pertaining to SIP Submittals From the Commonwealth of Virginia In 1995, Virginia adopted legislation that provides, subject to certain conditions, for an environmental assessment ( audit) " privilege"' for voluntary compliance evaluations performed by a regulated entity. The legislation further addresses the relative burden of proof for parties either asserting the privilege or seeking disclosure of documents for which the privilege is claimed.

Virginia's legislation also provides, subject to certain conditions, for a penalty waiver for violations of environmental laws when a regulated entity discovers such violations pursuant to a voluntary compliance evaluation and voluntarily discloses such violations to the Commonwealth and takes prompt and appropriate measures to remedy the violations. Virginia's Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1 1198, provides a privilege that protects from disclosure documents and information about the content of those documents that are the product of a voluntary environmental assessment. The Privilege Law does not extend to documents or information ( 1) that are generated or developed before the commencement of a voluntary environmental assessment; ( 2) that are prepared independently of the assessment process; ( 3) that demonstrate a clear, imminent and substantial danger to the public health or environment; or ( 4) that are required by law. 4 On January 12, 1998, the Commonwealth of Virginia Office of the Attorney General provided a legal opinion that states that the Privilege law, Va. Code Sec. 10.1 1198, precludes granting a privilege to documents and information " required by law," including documents and information " required by Federal law to maintain program delegation, authorization or approval," since Virginia must " enforce Federally authorized environmental programs in a manner that is no less stringent than their Federal counterparts. . . ." The opinion concludes that "[ r] egarding § 10.1

1198, therefore, documents or other information needed for civil or criminal enforcement under one of these programs could not be privileged because such documents and information are essential to pursuing enforcement in a manner required by Federal law to maintain program delegation, authorization or approval."

Virginia's Immunity law, Va. Code Sec. 10.1 1199, provides that "[ t] o the extent consistent with requirements imposed by Federal law," any person making a voluntary disclosure of information to a state agency regarding a violation of an environmental statute, regulation, permit, or administrative order is granted immunity from administrative or civil penalty. The Attorney General's January 12, 1998 opinion states that the quoted language renders this statute inapplicable to enforcement of any Federally authorized programs, since " no immunity could be afforded from administrative, civil, or criminal penalties because granting such immunity would not be consistent with Federal law, which is one of the criteria for immunity."

Therefore, EPA has determined that Virginia's Privilege and Immunity statutes will not preclude the Commonwealth from enforcing its program consistent with the Federal requirements. In any event, because EPA has also determined that a state audit privilege and immunity law can affect 5 only state enforcement and cannot have any impact on Federal enforcement authorities, EPA may at any time invoke its authority under the Clean Air Act, including, for example, sections 113,

167, 205, 211 or 213, to enforce the requirements or prohibitions of the state plan, independently of any state enforcement effort. In addition, citizen enforcement under section 304 of the Clean Air Act is likewise unaffected by this, or any, state audit privilege or immunity law.

III. Final Action EPA is approving the Commonwealth of Virginia's September 21, 2005 redesignation request and September 23, 2005 maintenance plan because the requirements for approval have been satisfied.

EPA has evaluated Virginia's redesignation request, submitted on September 21, 2005, and determined that it meets the redesignation criteria set forth in section 107( d)( 3)( E) of the CAA.

EPA believes that the redesignation request and monitoring data demonstrate that the SNP area has attained the 8 hour ozone standard. The final approval of this redesignation request will change the designation of the SNP area from nonattainment to attainment for the 8 hour ozone standard. EPA is approving the associated maintenance plan for this area, submitted on September 23, 2005, as a revision to the Virginia SIP. EPA is approving the maintenance plan for the SNP area because it meets the requirements of section 175A. EPA is also approving the MVEBs submitted by Virginia for this area in conjunction with its redesignation request. The SNP area is subject to the CAA's requirements for basic ozone nonattainment areas until and unless it is redesignated to attainment. 6 IV. Statutory and Executive Order Reviews A. General Requirements Under Executive Order 12866 ( 58 FR 51735, October 4, 1993), this proposed action is not a " significant regulatory action" and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, " Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use" ( 66 Fed.

Reg. 28355 ( May 22, 2001)). This action merely proposes to approve state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law.

Redesignation of an area to attainment under section 107( d)( 3)( e) of the Clean Air Act does not impose any new requirements on small entities. Redesignation is an action that affects the status of a geographical area and does not impose any new regulatory requirements on sources.

Accordingly, the Administrator certifies that this proposed rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act ( 5 U. S. C. 601 et seq.). Because this rule proposes to approve pre existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 ( Public Law 104 4). This proposed rule also 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, as specified by Executive Order 13175 ( 65 FR 67249, November 9, 2000), nor will it have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution 7 of power and responsibilities among the various levels of government, as specified in Executive Order 13132 ( 64 FR 43255, August 10, 1999), because it merely proposes to affect the status of a geographical area, does not impose any new requirements on sources, or allow the state to avoid adopting or implementing other requirements, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. This proposed rule also is not subject to Executive Order 13045 ( 62 FR 19885, April 23, 1997), because it is not economically significant.

In reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards ( VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA,

when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the Clean Air Act. Redesignation is an action that affects the status of a geographical area and does not impose any new requirements on sources. Thus, the requirements of section 12( d) of the National Technology Transfer and Advancement Act of 1995 ( 15 U. S. C.

272 note) do not apply. As required by section 3 of Executive Order 12988 ( 61 FR 4729,

February 7, 1996), in issuing this proposed rule, EPA has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct. EPA has complied with Executive Order 12630 ( 53 FR 8859, March 15, 1988)

by examining the takings implications of the rule in accordance with the " Attorney General's Supplemental Guidelines for the Evaluation of Risk and Avoidance of Unanticipated Takings" 8 issued under the executive order.

B. Submission to Congress and the Comptroller General The Congressional Review Act, 5 U. S. C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U. S. Senate, the U. S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. This rule is not a " major rule" as defined by 5 U. S. C. 804( 2).

C. Petitions for Judicial Review Under section 307( b)( 1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by [ insert date 60 days from date of publication of this document in the Federal Register]. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed,

and shall not postpone the effectiveness of such rule or action. 9 This action, to approve the redesignation request, maintenance plan and adequacy determination for MVEBs for the SNP area, may not be challenged later in proceedings to enforce its requirements. ( See section 307( b)( 2).)

List of Subjects 40 CFR part 52 Environmental protection, Air pollution control, Intergovernmental relations, Ozone, Nitrogen Oxides, Reporting and recordkeeping requirements, Volatile organic compounds.

40 CFR Part 81 Air Pollution Control, National Parks, Wilderness Areas / s/

_________ ___________________________ Dated: December 14, 2005 Donald S. Welsh, Regional Administrator, Region III. 10 40 CFR parts 52 and 81 are amended as follows:

PART 52  [ AMENDED]

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

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

Subpart VV  Virginia 2. In Section 52.2420, the table in paragraph ( e) is amended by adding an entry for the 8 Hour Ozone Maintenance Plan, Madison & Page Cos. ( Shenandoah NP), VA Area at the end of the table to read as follows:

§ 52.2420 Identification of plan.

* * * * *

( e)***

Name of nonregulatory SIP revision Applicable geographic area State submittal date EPA approval date Additional explanation * * * * * * *

8 Hour Ozone Maintenance Plan for the Madison & Page Cos. ( Shenandoah NP), VA Area Madison County ( part) and Page County ( part) 9/ 23/ 05 [ Insert Federal Register publication date] [ Insert page number where the document begins] 11 PART 81  [ AMENDED]

1. The authority citation for Part 81 continues to read as follows:

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

2. Section 81.347 is amended by revising the ozone table entry for the Madison & Page Cos. ( Shenandoah NP), VA Area to read as follows:

§ 81.347 Virginia * * * * *

Virginia  Ozone ( 8 Hour Standard)

Designated Area Designation Classification Date1 Type Date1 Type * * * * * * *

Madison & Page Cos. ( Shenandoah NP), VA Area Madison County ( part) [ Insert date of publication] Attainment Page County ( part) [ Insert date of publication] Attainment * * * * * *

1 This date is June 15, 2004, unless otherwise noted.

* * * * *


[Federal Register: January 14, 2009 (Volume 74, Number 9)]
[Notices]
[Page 2154-2155]
[DOCID:fr14ja09-118]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), notice is hereby given that the Federal Railroad Administration
(FRA) has received a request for a waiver of compliance from certain
requirements of its safety standards. The individual petition is
described below, including the party seeking relief, the regulatory
provisions involved, the nature of the relief being requested, and the
petitioner's arguments in favor of relief.

Twin Cities and Western Railroad (Docket Number FRA-2008-0154);
Canadian Pacific Railroad (Docket Number FRA-2008-0163); Escanaba and
Lake Superior Railroad Company (Docket Number FRA-2008-0155)

    The Twin Cities and Western Railroad (TC&W), Canadian Pacific
Railroad (CP), and Escanaba and Lake Superior Railroad Company (E&LS),
seek permanent waivers of compliance from certain provisions of the
Railroad Safety Appliance Standards in Title 49 CFR Part 231,
concerning RailMate[supreg] train operations over their systems.
Specifically, TC&W, CP, and E&LS request relief from those sections of
49 CFR Part 231 that stipulate the number, location, and dimensions for
handholds, ladders, sill steps, and uncoupling levers, and handbrakes.
TC&W, CP and E&LS also seek relief from 49 CFR Part 231.31, which sets
the standard height for drawbars.
    TC&W, CP, and E&LS state that these waivers are necessary to permit
them to begin operation of RailMate[supreg] equipment over various
routes on their systems.
    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 party
desires an opportunity for oral comment, 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 (e.g., Waiver Petition Docket Number FRA-
2008-0154, 2008-0163, and/or 2008-0155) and may be submitted by any of
the following methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Because of the similarity of the subject requests, FRA reserves the
right to consider comments filed in any one of the three dockets with
respect to the resolution of the request(s) in more than one docket, to
the extent the comment is applicable to the particular request.
    Communications received within 45 days of the date of this notice
will be considered by FRA before final action is taken. Comments
received after that date will be considered as far as practicable. All
written communications concerning these proceedings are available for
examination during regular business hours (9 a.m.-5 p.m.) at the above
facility. All documents in the public docket are also available for
inspection and copying on the Internet at the docket facility's Web
site at http://www.regulations.gov.
    Anyone is able to 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 comment,
if submitted on behalf of an association, business, labor union, etc.).
You may review DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (Volume 65, Number 70; Pages
19477-78).

    Issued in Washington, DC on January 8, 2009.
Grady C. Cothen, Jr.
Deputy Associate Administrator for Safety Standards and Program
Development.
[FR Doc. E9-615 Filed 1-13-09; 8:45 am]

BILLING CODE 4910-06-P