[Federal Register: September 6, 2006 (Volume 71, Number 172)]
[Rules and Regulations]
[Page 52494-52498]
[DOCID:fr06se06-24]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 710

[EPA-HQ-OPPT-2005-0059; FRL-7752-8]
RIN 2070-AC61

TSCA Inventory Update Reporting Rule; Electronic Reporting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to amend the Toxic
Substances Control Act (TSCA) section 8(a) Inventory Update Reporting
(IUR) regulations to allow the electronic submission of information and
to make several minor corrections. For the first time, in 2006,
reporters of IUR data will be able to use the Internet, through EPA's
Central Data Exchange (CDX), to submit information on their chemicals
to EPA. In addition, EPA will continue to allow IUR submissions either
on CD ROM or on paper. EPA is also correcting two paragraph cross-
references and a section heading. Additionally, EPA is clarifying
requirements for the reporting of company identification information.

DATES: This direct final rule is effective on November 6, 2006 without
further notice, unless EPA receives adverse comment by October 6, 2006.
If, however, EPA receives adverse comment, EPA will publish aFederal
Register document to withdraw the portion of the rule that relates to
the specific comment that was made before the effective date of the
direct final rule. The remainder of the rule will become effective on
November 6, 2006.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2005-0059, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     Mail: Document Control Office (7407M), Office of Pollution
Prevention

and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Hand Delivery: OPPT Document Control Office (DCO), EPA
East, Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. Attention:
Docket ID number EPA-HQ-OPPT-2005-0059. The DCO is open from 8 a.m. to
4 p.m., Monday through Friday, excluding legal holidays. The telephone
number for the DCO is<PHONE_NUMBER>. Such deliveries are only accepted
during the DCO's normal hours of operation, and special arrangements
should be made for deliveries of boxed information.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPPT-
2005-0059. EPA's policy is that all comments received will be included
in the public docket without change and may be made available in the
on-line docket athttp://www.regulations.gov, including any personal

information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through
regulations.gov or e-mail. The regulations.gov website is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
    Docket: All documents in the docket are listed in the docket index
at http://www.regulations.gov. Although listed in the index, some

information is not publicly available, e.g., 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 in the on-line docket at
http://www.regulations.gov or in hard copy at the OPPT Docket, EPA

Docket Center, EPA West, Rm. B102, 1301 Constitution Ave., NW.,
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The EPA Docket
Center Reading Room telephone number is<PHONE_NUMBER>, and the
telephone number for the OPPT Docket, which is located in the EPA
Docket Center, is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: For general information contact:
    Colby Lintner, Regulatory Coordinator, Environmental Assistance
Division (7408M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>    For technical information contact: Susan Sharkey, Project Manager,
Economics, Exposure and Technology Division (7406M), Office of
Pollution Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(202) 564-8789; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be affected by this action if you manufacture (defined by
statute at 15 U.S.C. 2602(7) to include import) chemical substances,
including inorganic chemical substances, subject to reporting under the
Inventory Update Reporting (IUR) regulations at 40 CFR part 710. Any
use of the term ``manufacture'' in this document will encompass import,
unless otherwise stated.
    Potentially affected entities may include, but are not limited to:
Chemical manufacturers and importers subject to IUR reporting,
including chemical manufacturers and importers of inorganic chemical
substances (NAICS codes 325, 32411).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. To determine
whether you or your business may be affected by this action, you should
carefully examine the applicability provisions at 40 CFR 710.48. If you
have any questions regarding the applicability of this action to a
particular entity, consult the technical contact person listed under
FOR FURTHER INFORMATION CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit CBI to EPA through regulations.gov
or e-mail. Clearly mark the part or all of the information that you
claim to be CBI. For CBI information in a disk or CD ROM that you mail
to EPA, mark the outside of the disk or CD ROM as CBI and then identify
electronically within the disk or CD ROM the specific information that
is claimed as CBI. In addition to one complete version of the comment
that includes information claimed as CBI, a copy of the comment that
does not contain the information claimed as CBI must be submitted for
inclusion in the public docket. Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR part
2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the rulemaking by docket ID number and other
identifying information (subject heading, Federal Register date and
page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives, and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns, and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Background

A. What is the Agency's Authority for Taking this Action?

    EPA is required under TSCA section 8(b), 15 U.S.C. 2607(b), to
compile and

keep current an inventory of chemical substances manufactured or
processed in the United States. This inventory is known as the TSCA
Chemical Substances Inventory (the TSCA Inventory). In 1977, EPA
promulgated a rule (42 FR 64572, December 23, 1977) under TSCA section
8(a), 15 U.S.C. 2607(a), to compile an inventory of chemical substances
in commerce at that time. In 1986, EPA promulgated the initial IUR rule
under TSCA section 8(a) at 40 CFR part 710 (51 FR 21438, June 12, 1986)
to facilitate the periodic updating of the TSCA Inventory and to
support activities associated with the implementation of TSCA. In 2003,
EPA promulgated extensive amendments to the IUR rule (68 FR 848,
January 7, 2003) (FRL-6767-4) (2003 Amendments) to collect
manufacturing, processing, and use exposure-related information, and to
make certain other changes. Minor corrections to the IUR rule were made
in July of 2004 (69 FR 40787, July 7, 2004) (FRL-7332-3), and
additional revisions to the IUR rule were made on December 19, 2005 (70
FR 75059) (FRL-7743-9).
    TSCA section 8(a)(1) authorizes the EPA Administrator to promulgate
rules under which manufacturers and processors of chemical substances
and mixtures (referred to hereinafter as chemical substances) must
maintain such records and submit such information as the Administrator
may reasonably require. TSCA section 8(a) generally excludes small
manufacturers and processors of chemical substances from the reporting
requirements established in TSCA section 8(a). However, EPA is
authorized by TSCA section 8(a)(3) to require TSCA section 8(a)
reporting from small manufacturers and processors with respect to any
chemical substance that is the subject of a rule proposed or
promulgated under TSCA section 4, 5(b)(4), or 6, or that is the subject
of an order under TSCA section 5(e), or that is the subject of relief
that has been granted pursuant to a civil action under TSCA section 5
or 7. Pursuant to TSCA section 8(a)(3)(B), the standard for determining
whether an entity qualifies as a small manufacturer for purposes of 40
CFR part 710 generally is defined in 40 CFR 704.3. Processors are not
currently subject to the regulations at 40 CFR part 710.

B. What is the Inventory Update Reporting (IUR) Regulation?

    The data reported under the IUR rule are used to update the
information maintained on the TSCA Inventory. EPA uses the TSCA
Inventory and data reported under the IUR rule to support many TSCA-
related activities and to provide overall support for a number of EPA
and other federal health, safety, and environmental protection
activities. The IUR rule, as amended by the 2003 Amendments and
subsequent revisions, requires U.S. manufacturers (including importers)
of chemicals listed on the TSCA Inventory to report to EPA every 5
years the identity of chemical substances manufactured for a commercial
purpose during the reporting year in quantities of 25,000 pounds or
more at any single site they own or control. The IUR generally excludes
several categories of substances from its reporting requirements, i.e.,
polymers, microorganisms, naturally occurring chemical substances, and
certain natural gas substances. Sites are required to report
information such as company name, site location and other identifying
information, identity and production volume of the reportable chemical
substance, manufacturing exposure-related information associated with
each reportable chemical substance, including the physical form and
maximum concentration of the chemical substance and the number of
potentially exposed workers.
    Manufacturers (including importers) of larger volume chemicals
(i.e., 300,000 pounds or more manufactured during the reporting year at
any site) are additionally required to report certain processing and
use information (40 CFR 710.52(c)(4)). This information includes
process or use category, NAICS code, industrial function category,
percent production volume associated with each process or use category,
number of use sites, number of potentially exposed workers, and
consumer/commercial information such as use category, use in or on
products intended for use by children, and maximum concentration. For
the 2006 submission period, inorganic chemicals are partially exempt
regardless of production volume (i.e., submitters do not report the
processing and use information listed in 40 CFR 710.52(c)(4)). After
the 2006 reporting period, the partial exemption for inorganic
chemicals will no longer be applicable and submitters will report
processing and use information on inorganic chemical substances
manufactured (including imported) at a site in volumes of 300,000
pounds or more, unless partially exempted as described in Unit II.C. In
addition, specifically listed petroleum process streams and other
specifically listed chemical substances are partially exempt during the
2006 submission period as well as during subsequent submission periods.

C. What Action is the Agency Taking?

    Through this action, EPA is amending the methods available for
obtaining documents, including reporting instructions, and for
submitting reports. Additionally, EPA is making several minor
corrections, including clarifying requirements for the reporting of
company identification information.
    1. Methods to obtain reporting instructions and submit reports.
Because IUR reporting occurs only once every 5 years, the methods used
to make available or otherwise distribute reporting materials, and for
submitting the required information to EPA, often change from one
submission period to another. EPA is therefore providing instructions
to obtain the most up-to-date information concerning IUR submissions.
    For the 2006 submission period, EPA is allowing submissions,
including those containing CBI, over the Internet using EPA's Central
Data Exchange (CDX). Submitting IUR information through CDX is EPA's
preferred submission method because this method enables EPA to notify
the submitter that the Agency has received their submission, it reduces
reporting errors, and it enables data to be available more quickly.
Coupled with EPA's new reporting software, eIUR, the Agency believes
electronic reporting will become the preferred method of reporting for
industry as well as for EPA.
    The reporting form, reporting software, instruction manual, and
other guidance materials are available on EPA's website at http://www.epa.gov/oppt/iur
 or through EPA's hotline, and can be obtained as described in

the regulatory text. EPA plans to continue to notify sites that
submitted during the previous submission period of the advent of the
next submission period. The notification will include information on
how to obtain the documents described in this paragraph.
    Although EPA prefers that submissions be made using CDX, the Agency
will continue to accept submissions on CD ROM or in hard copy.
Instructions for submitting IUR information in these formats are also
included on the website and in the instructions manual.
    2. Corrections. Section 710.52 describes the information to be
reported by persons described in Sec.  710.48. EPA is correcting two of
the cross-references in this section. Section 710.57 describes
recordkeeping requirements. EPA is correcting the title for this
section. These changes are purely administrative, make the relevant

regulatory provision internally consistent and correct, and do not have
any substantive effect on any other part of the regulations at 40 CFR
part 710.
    a. Section 710.52(c)(4)(i)(F) states that:
    [f]or each combination of industrial processing or use
operation, NAICS code and industrial function category, the
submitter must estimate the number of workers reasonably likely to
be exposed to each reportable chemical substance. For each
combination associated with each substance, the submitter must
select from among the worker ranges listed in paragraph (c)(3)(vi)
of this section and report the corresponding code (i.e., W1 though
W8).

The reference to paragraph (c)(3)(vi) is incorrect as that paragraph
does not contain worker ranges. Instead, the appropriate cross
reference is to paragraph (c)(3)(v). As a result, EPA is correcting
Sec.  710.52(c)(4)(i)(F) by changing the cross-reference to the worker
ranges from ``paragraph (c)(3)(vi)'' to ``paragraph (c)(3)(v).''
    b. Section 710.52(c)(4)(ii)(D) states that:
    [w]here the reportable chemical substance is used in commercial
or consumer products, the estimated typical maximum concentration,
measured by weight, of the chemical substance in each commercial and
consumer product category reported under paragraph (c)(4)(ii)(A) of
this section. For each substance in each commercial and consumer
product category reported under paragraph (c)(4)(ii)(A) of this
section, submitters must select from among the ranges of
concentrations listed in the table in paragraph (c)(3)(vii) of this
section and report the corresponding code (i.e., M1 through M5).

The reference to paragraph (c)(3)(vii) is incorrect as that paragraph
does not contain ranges of concentrations. Instead, the
appropriatecross-reference is to paragraph (c)(3)(vi). As a result, EPA
is correcting Sec.  710.52(c)(4)(ii)(D) by changing the cross-reference
to the ranges of concentrations from ``paragraph (c)(3)(vii)'' to
``paragraph (c)(3)(vi).''
    c. Section 710.57 is titled ``Reporting requirements'' and states
that ``[e]ach person who is subject to the reporting requirements of
this subpart must retain records that document any information reported
to EPA.'' Because the subject of this section is recordkeeping
requirements, EPA is correcting the section by changing the heading
from ``Reporting requirements'' to ``Recordkeeping requirements.''
    3. Clarification. Section 710.52(c)(2)(i) states that:
    [t]he name of a person who will serve as technical contact for
the submitter company and who will be able to answer questions about
the information submitted by the company to EPA, the parent company
name and Dun and Bradstreet Number, the contact person's full
mailing address, the contact person's telephone number, and the
contact person's e-mail address must be reported for each site at
which at least 25,000 lbs. (11,340 kg) of a reportable chemical
substance is manufactured (including imported).

The use of the term ``parent company'' has created confusion, and
therefore EPA is clarifying this requirement by changing the
phrase``parent company'' to ``company.'' Submitters are to report the
company name associated with the manufacturing (including importing)
site and do not need to identify a parent company, if any, that would
be associated with the company that reports information under this
rule.

III. Direct Final Rule Procedures

    EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comment. This final rule will be effective on November 6, 2006
without further notice unless the Agency receives adverse comment by
October 6, 2006. If EPA receives adverse comment on one or more
distinct amendments, paragraphs, or sections of this rulemaking, the
Agency will publish a timely withdrawal in the Federal Register
indicating which provisions will become effective and which provisions
are being withdrawn due to adverse comment. Any distinct amendment,
paragraph, or section of today's rulemaking for which the Agency does
not receive adverse comment will become effective on November 6, 2006,
notwithstanding any adverse comment on any other distinct amendment,
paragraph, or section of today's rule. For any distinct amendment,
paragraph, or section of today's rule that is withdrawn due to adverse
comment, EPA will publish a notice of proposed rulemaking in a future
edition of the Federal Register. The Agency will address the comments
on any such distinct amendment, paragraph, or section as part of that
proposed rulemaking.

IV. Materials in the Rulemaking Record

    The public version of the official record for this rulemaking is
contained in three separate dockets that can be accessed as described
in theADDRESSES unit. Docket ID number EPA-HQ-OPPT-2005-0059 contains
the rulemaking record. This record includes the documents located in
the docket.
    1. USEPA. ``Instructions for Reporting for the 2006 Partial
Updating of the TSCA Chemical Inventory Database,'' Draft. May 2006.
    2. USEPA. ``News About: The 2006 IUR Rule...change for easier, more
accurate filing,'' November 2005.

V. Statutory and Executive Order Reviews

A. Executive Order 12866

    This direct final rule implements one change and several minor
corrections to 40 CFR part 710, resulting in a burden and cost
reduction. Since this direct final rule does not impose any new
requirements, it is not subject to review by the Office of Management
and Budget (OMB) under Executive Order 12866, entitled Regulatory
Planning and Review (58 FR 51735, October 4, 1993).

B. Paperwork Reduction Act

    This direct final rule does not contain any information collections
subject to OMB approval under the Paperwork Reduction Act (PRA), 44
U.S.C. 3501 et seq.

C. Regulatory Flexibility Act

    Since this action makes one change, several minor corrections, and
a clarification to 40 CFR part 710, resulting in a burden reduction,
EPA certifies this action will not have a significant economic impact
on a substantial number of small entities. There will be no adverse
impact on small entities resulting from this action.

D. Unfunded Mandates Reform Act

    This action does not impose any enforceable duty or contain any
unfunded mandate as described under Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Public Law 104-4).

E. Executive Order 3132

    The Agency has determined that this action will not have a
substantial direct effect on 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, as specified
in Executive Order 13132, entitled Federalism (64 FR 43255, August 10,
1999). Executive Order 13132 requires EPA to develop an accountable
process to ensure ``meaningful and timely input by State and local
officials in the development of regulatory policies that have
federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects 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.'' This

action does not alter the relationships or distribution of power and
responsibilities established by Congress.

F. Executive Order 13175

    The Agency has determined that this rule does not have any ``tribal
implications'' as described in Executive Order 13175,
entitledConsultation and Coordination with Indian Tribal Governments
(65 FR 67249, November 6, 2000). Executive Order 13175, requires EPA to
develop an accountable process to ensure ``meaningful and timely input
by tribal officials in the development of regulatory policies that have
tribal implications.'' This direct final rule will not have substantial
direct effects on tribal governments, 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 in Executive Order 13175. Thus, Executive Order 13175 does
not apply to this rule.

G. Executive Order 13045

    This action does not require OMB review or any other Agency action
under Executive Order 13045, entitled Protection of Children from
Environmental Health Risks and Safety Risks (62 FR 19885, April 23,
1997).

H. Executive Order 13211

    Because this direct final rule is exempt from review under
Executive Order 12866 due to its lack of significance, this direct
final rule is not subject to Executive Order 13211, entitled Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May 22, 2001).

I. National Technology Transfer Advancement Act

    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272
note).

J. Congressional Review Act

    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 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 theFederal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 710

    Environmental protection, Central Data Exchange, CDX, Chemicals,
Electronic reporting, Hazardous materials, Reporting and recordkeeping
requirements.

    Dated: August 25, 2006.
James B. Gulliford,
Assistant Administrator, Office of Prevention, Pesticides and Toxic
Substances.

0
Therefore, 40 CFR chapter I is amended as follows:

PART 710--[AMENDED]

0
1. The authority citation for part 710 continues to read as follows:

    Authority: 15 U.S.C. 2607(a).

Sec.  710.52  [Amended]

0
2. Section 710.52 is amended as follows:
    a. By revising the phrase ``parent company'' to read ``company'' in
paragraph (c)(2)(i).
    b. By revising the phrase ``paragraph (c)(3)(vi)'' to read
``paragraph (c)(3)(v)'' in paragraph (c)(4)(i)(F).
    c. By revising the phrase ``paragraph (c)(3)(vii)'' to read
``paragraph (c)(3)(vi)'' in paragraph (c)(4)(ii)(D).

Sec.  710.57  [Amended]

0
3. Section 710.57 is amended by revising the section heading to read:

``Sec.  710.57  Recordkeeping requirements.''

0
4. Section 710.59 is revised to read as follows:

Sec.  710.59  Availability of reporting form and instructions.

    (a) Use the proper EPA form. You must use the EPA form identified
as ``Form U'' to submit written information in response to the
requirements of this subpart. Instructions for obtaining copies of Form
U are in paragraph (c) of this section.
    (b) Follow the reporting instructions. You should follow the
detailed instructions for completing and submitting an electronic or
hard copy report. Instructions given in the EPA publication titled,
``Instructions for Reporting for the 2006 Partial Updating of the TSCA
Chemical Inventory Database,'' are available as described in paragraph
(c) of this section. EPA encourages reporting sites subject to this
part to submit the required information to EPA electronically.
    (c) Obtain the reporting package and copies of the form. You can
obtain the reporting form or software, reporting instructions, and
other associated documents as follows:
    (1) By website. Go to the EPA Inventory Update Reporting Internet
home page at http://www.epa.gov/oppt/iur and follow the appropriate

links. EPA encourages reporting sites subject to this subpart to visit
this home page.
    (2) By phone. Call the EPA TSCA Hotline at<PHONE_NUMBER>.
    (3) By e-mail. Send an e-mail request for this information to the
EPA TSCA Hotline at<EMAIL_ADDRESS>    (4) By mail. Send a written request for this information to the
following address: TSCA Hotline, Mail Code 7408M, ATTN: Inventory
Update Reporting, Office of Pollution Prevention and Toxics, U.S.
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001.
[FR Doc. E6-14716 Filed 9-5-06; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 81, Number 191 (Monday, October 3, 2016)]
[Rules and Regulations]
[Pages 67909-67911]
[FR Doc No: 2016-23782]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0899]
RIN 1625-AA00

Safety Zone; Diving Operations, Delaware River, Philadelphia, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Delaware River in Philadelphia, PA, on October 3, 2016, from 7 a.m.
through 11 a.m. During the period of enforcement, the safety zone will
restrict vessel traffic on the waters of the Delaware River, adjacent
to Penn's Landing, Philadelphia, PA. The safety zone is intended to
provide for the safety of personnel involved in diving operations.

DATES: This rule is effective from 7 a.m. through 11 a.m. on October 3,
2016.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0899 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MST1 Thomas Simkins, Sector Delaware Bay Waterways
Management Division, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because a safety zone is needed to ensure
safety of life and property for those vessels involved in the diving
operations and those persons transiting the Delaware River. In this
case, waiting for a comment period to run would be contrary to the
public interest of protecting life and property. In addition,
publishing an NPRM is impracticable as the requestors did not provide
sufficient notice to the Coast Guard relating to the expected date of
the diving operations. Therefore, delay in taking action is both
impracticable and contrary to public interest.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it effective less than 30
days after publication in the Federal Register. Delaying the effective
date of this rule would be contrary to public interest because
immediate action is needed to respond to the potential safety hazards
associated with diving operations.

III. Legal Authority and Need for Rule

    The legal basis for the rule is provided by 33 U.S.C. 1231. On
October 3, 2016, diving operations will be conducted from the Penn's
Landing pier. Due to the proximity of the pier to the navigable
channel, and the diving operations, vessel traffic will be restricted
from entering the safety zone during the designated date and time,
which accounts for staging as well as the actual diving operations.
This rule is required in order to safely facilitate diving operations
and protect both life and property on the navigable waterways of the
Delaware River.

IV. Discussion of the Rule

    To mitigate the risks associated with necessary diving operations,
the Captain of the Port, Delaware Bay is establishing a temporary
safety zone in the vicinity of the diving site. The safety zone will
encompass all waters of Delaware River, adjacent to Penn's Landing,
Philadelphia, PA, bounded from shoreline to shoreline, bounded on the
south by a line running east to west from points along the shoreline at
latitude 39[deg]56'31.2'' N., longitude 075[deg]08'28.1'' W.; thence to
latitude 39[deg]56'29.1'' N., longitude 075[deg]07'56.5'' W., and
bounded on the north by the Benjamin Franklin Bridge. The safety zone
will be effective and enforced from 7 a.m. through 11 p.m. on Monday,
October 3, 2016. Entry into, transiting, or anchoring within the safety
zone is prohibited unless authorized by the Captain of the Port,
Delaware Bay, or his on-scene representative. The Captain of the Port,
Delaware Bay, or his on-scene representative may be contacted via VHF
channel 16.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of

harmonizing rules, and of promoting flexibility. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, it has not been reviewed by the Office of
Management and Budget.
    This regulatory action determination is based on the size,
location, duration, and time-of-year of the safety zone. This safety
zone will impact the waters affected by this rule from 7 a.m. through
11 a.m. on October 3, 2016, during a time of year when vessel traffic
is normally low. In addition, notifications will be made to the
maritime community via marine information broadcasts so mariners may
adjust their plans accordingly. Such notifications will be updated as
necessary, to keep the maritime community informed of the status of the
safety zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves establishing a temporary safety zone lasting four hours
that will prohibit entry into a portion of the Delaware River. It is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. An environmental analysis
checklist supporting this determination and a Categorical Exclusion
Determination are available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to 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.

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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T05-0899 to read as follows:

Sec.  165.T05-0899  Safety Zone; Diving Operations, Delaware River,
Philadelphia, PA.

    (a) Regulated area. The following area is a safety zone: All waters
of Delaware River, adjacent to Penn's Landing, Philadelphia, PA,
bounded from shoreline to shoreline, bounded on the south by a line
running east to west from points along the shoreline at latitude
39[deg]56'31.2'' N., longitude 075[deg]08'28.1'' W.; thence to latitude
39[deg]56'29.1'' N., longitude 075[deg]07'56.5'' W., and bounded on the
north by the Benjamin Franklin Bridge.

    (b) Regulations. The general safety zone regulations found in Sec.
165.23 apply to the safety zone created by this temporary section,
Sec.  165.T05-0899.
    (1) All vessels and persons are prohibited from entering into or
moving within the safety zone described in paragraph (a) of this
section while it is subject to enforcement, unless authorized by the
Captain of the Port, Delaware Bay, or by his designated representative.
    (2) Persons or vessels seeking to enter or pass through the safety
zone must contact the Captain of the Port, Delaware Bay, or his
designated representative to seek permission to transit the area. The
Captain of the Port, Delaware Bay can be contacted at telephone number
215-271-4807 or on Marine Band Radio VHF Channel 16 (156.8 MHz).
    (3) The Coast Guard vessels enforcing this safety zone can be
contacted on VHF-FM marine band radio channel 16 (156.8 MHZ). Upon
being hailed by a U.S. Coast Guard vessel, or other Federal, State, or
local agency vessel operating under the authority of the COTP Delaware
Bay, by siren, radio, flashing light, or other means, the operator of a
vessel shall proceed as directed. The COTP Delaware Bay and his
designated representatives can be contacted at telephone number 215-
271-4807.
    (c) Definitions. As used in this section:
    Captain of the Port Delaware Bay means the Commander, U.S. Coast
Guard Sector Delaware Bay, Philadelphia, PA.
    Designated representative means any Coast Guard commissioned,
warrant, or petty officer who has been authorized by the Captain of the
Port Delaware Bay to assist in enforcing the safety zone described in
paragraph (a) of this section.
    (d) Enforcement. The U.S. Coast Guard may be assisted by Federal,
State and local agencies in the patrol and enforcement of the zone.
    (e) Enforcement period. This section will be enforced from 7 a.m.
through 11 a.m. on October 3, 2016.

Benjamin A. Cooper,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2016-23782 Filed 9-30-16; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 88, Number 149 (Friday, August 4, 2023)]
[Rules and Regulations]
[Pages 51699-51701]
[FR Doc No: 2023-16615]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0256]
RIN 1625-AA00

Safety Zone; Ohio River MM 469.5-470.5 and Licking River MM 0.0
to 0.3, Cincinnati, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone from
Mile Marker 469.5--Mile Marker 470.5 of the Ohio River and from Mile
Marker 0.0--Mile Marker 0.3 of the Licking River. This action is
necessary to provide for the safety of life on these navigable waters
near Cincinnati, OH during the Redbull Flugtag sporting event occurring
on August 12, 2023. This safety zone prohibits persons and vessels from
transiting through the safety zone unless authorized by the Captain of
the Port Sector Ohio Valley or a designated representative.

DATES: This rule is effective from noon through 5 p.m. on August 12,
2023.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0256 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MST1 Julie Thomas, Marine Safety Detachment Cincinnati,
U.S. Coast Guard; telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because due to timeline requirements, it is
impracticable to publish an NPRM and consider the comments because we
must establish this safety zone by August 12, 2023.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
respond to the potential safety hazards associated with growing public
interest for the scheduled event starting August 12, 2023.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Sector Ohio Valley (COTP) has determined
that potential hazards associated with a sporting event starting August
1, 2023, will be a safety concern for anyone within Mile Marker 469.5--
Mile Marker 470.5 of the Ohio River and Mile Marker 0.0--Mile Marker
0.3 of the Licking River. This rule is needed to protect waterway
users, vessels, and the marine environment in the navigable waters
within the safety zone while the

sporting event occurs. This includes protection of personnel involved
with the sporting event and support vessels.

IV. Discussion of the Rule

    This rule establishes a safety zone from noon until 5 p.m. on
August 12, 2023. The safety zone will cover all navigable waters from
Miler Marker 469.5--Mile Marker 470.5 of the Ohio River and Mile Marker
0.0--Mile Marker 0.3 of the Licking River. The duration of the zone is
intended to protect waterway users, vessels, and the marine environment
in these navigable waters while the sporting event is occurring. No
vessel or person will be permitted to enter the safety zone without
obtaining permission from the COTP or a designated representative.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
    This regulatory action determination is based on the duration, and
time of day of the safety zone. The duration of the safety zone is five
hours, and vessels will be able to contact the COTP for directions on
how to transit around or seek permission to enter. Moreover, the Coast
Guard will issue a Broadcast Notice to Mariners via VHF-FM marine
channel 16 about the zone, and the rule would allow vessels to seek
permission to enter the zone. We do not anticipate any significant
economic impact resulting from activation of the safety zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
safety zone lasting only 5 hours that would prohibit any vessel or
person from entering the safety zone without obtaining permission from
the Captain of the Port (COTP) of Sector Ohio Valley or a designated
representative. It is categorically excluded from further review under
paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 1. A Record of Environmental Consideration supporting
this determination is available in the docket. For instructions on
locating the docket, see the ADDRESSES section of this preamble.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR 165 801 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3

0
2. Add Sec.  100.T08-0256 to read as follows:

Sec.  165.T08-0256  Safety Zone; Ohio River MM 469.5-470.5 and Licking
River MM 0.0 to 0.3, Cincinnati, OH.

    (a) Regulated area. This section applies to the following area:
Ohio River Mile Marker 469.5--Miler Marker 470.5, extending the entire
river and the Licking River from Mile Marker 0.0--Mile Marker 0.3,
extending the entire river.
    (b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Sector Ohio Valley (COTP) in the enforcement of the
safety zone.
    (c) Regulations. (1) This rule establishes a safety zone from noon
through 5 p.m. on August 12, 2023. The safety zone will cover all
navigable waters from Miler Marker 469.5--Mile Marker 470.5 of the Ohio
River and Mile Marker 0.0--Mile Marker 0.3 of the Licking River. No
vessel or person will be permitted to enter the safety zone without
obtaining permission from the COTP or a designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's
representative by contacting the Patrol Commander via VHF-FM radio
channel 16 or phone at 1-800-253-7465. Those in the safety zone must
comply with all lawful orders or directions given to them by the COTP
or the COTP's designated representative.
    (d) Enforcement period. This section will be enforced from noon
through 5 p.m. on August 12, 2023.

    Dated: July 31, 2023.
H.R. Mattern,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2023-16615 Filed 8-3-23; 8:45 am]
BILLING CODE 9110-04-P


Updated : 12/ 22/ 03 Old MSA New MSA County City Site 1995 1996 1997 1998 1999 2000 2001 2002 2003 ( 95 97 ave) ( 96 98 ave) ( 97 99 ave) ( 98 00 ave) ( 99 01 ave) ( 00 02 avg) ( 01 03 avg)

Fort Wayne Fort Wayne Allen Leo Leo Hs 0.097 0.087 0.086 0.089 0.090 0.091 0.082 0.093 0.090 0.090 0.087 0.088 0.090 0.087 0.088 0.088 Fort Wayne Beacon 0.090 0.094 0.087 0.089 0.088 0.081 0.074 0.097 0.084 0.090 0.090 0.088 0.086 0.081 0.084 0.085 Huntington Roanoke Roanoke Sch 0.087 0.082 0.089 0.083 0.087 0.084 0.086 0.084 Louisville Louisville Clark Charlestown In Army Amm 0.100 0.081 0.097 0.104 0.089 0.085 0.086 0.100 0.090 0.092 0.094 0.096 0.092 0.086 0.090 0.092 Floyd New Albany Green Valley Sch 0.094 0.092 0.084 0.100 0.094 0.077 0.076 0.097 0.086 0.090 0.092 0.092 0.090 0.082 0.083 0.086 Indianapolis Indianapolis Marion Indianapolis Mann Rd. 0.089 0.092 0.084 0.092 0.090 0.082 0.078 0.093 0.074 0.088 0.089 0.088 0.088 0.083 0.084 0.081 Harding St 0.091 0.096 0.085 0.087 0.094 0.078 0.081 0.099 0.075 0.090 0.089 0.088 0.086 0.084 0.086 0.085 Fort Harrison 0.099 0.096 0.090 0.095 0.096 0.083 0.087 0.100 0.091 0.095 0.093 0.093 0.091 0.088 0.090 0.092 NAWC 0.091 0.090 0.086 0.093 0.096 0.082 0.079 0.106 0.082 0.089 0.089 0.091 0.090 0.085 0.089 0.089 Hendricks Avon 0.087 0.083 0.095 0.079 0.087 0.085 0.088 0.085 Boone Whitestown Perry Worth Sch 0.082 0.084 0.099 0.088 0.082 0.083 0.088 0.090 Shelby Fairland 0.087 0.093 0.101 0.089 0.087 0.090 0.093 0.094 Johnson Trafalgar 0.084 0.090 0.095 0.084 0.082 0.097 0.080 0.084 0.087 0.089 0.089 0.087 0.087 0.086 Morgan Monrovia 0.088 0.090 0.093 0.088 0.082 0.094 0.081 0.088 0.089 0.090 0.090 0.087 0.088 0.085 Hamilton Noblesville Noblesvile Jr HS 0.096 0.101 0.095 0.100 0.096 0.090 0.088 0.101 0.101 0.097 0.098 0.097 0.095 0.091 0.093 0.096 Hancock Fortville 0.097 0.100 0.088 0.094 0.094 0.086 0.089 0.101 0.092 0.095 0.094 0.092 0.091 0.089 0.092 0.094 Anderson Madison Emporia East Elem Sch 0.095 0.098 0.082 0.097 0.093 0.080 0.090 0.104 0.091 0.091 0.092 0.090 0.090 0.087 0.091 0.095 Muncie Muncie Delaware Albany Albany Elem Sch 0.084 0.095 0.085 0.084 0.089 0.088 Chicago Chicago Lake Gary IITRI 0.094 0.094 0.092 0.084 0.094 0.075 0.083 0.094 0.076 0.093 0.090 0.090 0.084 0.084 0.084 0.084 Hammond E 141st St 0.099 0.093 0.094 0.085 0.095 0.086 0.090 0.101 0.081 0.095 0.090 0.091 0.088 0.090 0.092 0.090 Lowell Sewage Trmt Plant 0.087 0.090 0.075 0.077 0.086 0.081 0.087 0.088 0.084 0.080 0.079 0.081 Porter Ogden Dunes Water Trmt Plant 0.103 0.096 0.091 0.087 0.101 0.085 0.085 0.101 0.077 0.096 0.091 0.093 0.091 0.090 0.090 0.087 Portage Dunes Natl Lakeshore 0.090 0.102 0.071 0.082 0.097 0.079 0.090 0.096 0.087 0.085 0.083 0.086 Valparaiso Water Trmt Plant 0.085 0.091 0.082 0.077 0.100 0.082 0.085 0.088 0.086 0.083 0.086 0.086 LaPorte LaPorte Michigan City Gas Station 0.114 0.102 0.096 0.093 0.086 0.080 0.090 0.107 0.082 0.104 0.097 0.091 0.086 0.085 0.092 0.093 LaPorte Water Trmt Plant 0.095 0.084 0.086 0.074 0.079 0.100 0.084 0.095 0.089 0.088 0.081 0.079 0.084 0.087 Year 3 Year Averages Indiana 4th High Daily 8 hour Maximums 1995 2003 4/ 28/ 04 Old MSA New MSA County City Site 1995 1996 1997 1998 1999 2000 2001 2002 2003 ( 95 97 ave) ( 96 98 ave) ( 97 99 ave) ( 98 00 ave) ( 99 01 ave) ( 00 02 avg) ( 01 03 avg)

Year 3 Year Averages South Bend South Bend St Joseph Granger Fire Station 0.092 0.091 0.091 0.095 0.087 0.078 0.089 0.104 0.086 0.091 0.092 0.091 0.086 0.084 0.090 0.093 South Bend Childrens Hosp 0.090 0.087 0.091 0.088 0.090 0.081 0.082 0.100 0.082 0.089 0.088 0.089 0.086 0.084 0.087 0.088 Potato Creek Pot Crk St Park 0.100 0.091 0.084 0.090 0.087 0.079 0.078 0.092 0.081 0.091 0.088 0.087 0.085 0.081 0.083 0.083 Elkhart Elkhart Elkhart Bristol Water Trmt Plant 0.090 0.091 0.089 0.082 0.077 0.065 0.055 0.090 0.087 0.082 0.074 0.065 Bristol Bristol Elem Sch 0.099 0.087 0.099 0.093 South Bend Cass, MI Cassopolis, MI Ross Beatty HS 0.099 0.095 0.090 0.091 0.095 0.079 0.088 0.103 0.089 0.094 0.092 0.092 0.088 0.087 0.090 0.093 Evansville Evansville Posey St Philips 0.054 0.087 0.092 0.096 0.085 0.079 0.097 0.077 0.070 0.077 0.091 0.091 0.086 0.087 0.084 Vanderburgh Evansville Mill Rd 0.094 0.090 0.093 0.092 0.098 0.081 0.073 0.095 0.081 0.092 0.091 0.094 0.090 0.084 0.083 0.083 Inglefield Scott School 0.096 0.094 0.089 0.094 0.091 0.075 0.072 0.086 0.075 0.093 0.092 0.091 0.086 0.079 0.077 0.077 Warrick Yankeetown Alcoa 0.087 0.093 0.091 0.096 0.095 0.077 0.081 0.094 0.082 0.090 0.093 0.094 0.089 0.084 0.084 0.085 Boonville Boonville HS 0.090 0.090 0.095 0.091 0.087 0.073 0.078 0.091 0.076 0.091 0.092 0.091 0.083 0.079 0.080 0.081 Lynnville Tecumseh HS 0.093 0.094 0.094 0.093 0.092 0.077 0.075 0.090 0.078 0.093 0.093 0.093 0.087 0.081 0.080 0.081 Terre Haute Terre Haute Vigo Terre Haute Lafayette Ave 0.085 0.098 0.083 0.084 0.082 0.075 0.082 0.082 0.066 0.088 0.088 0.083 0.080 0.079 0.079 0.076 Sandcut 0.083 0.099 0.080 0.083 0.091 0.087 Clark, IL West Union, IL 0.074 0.086 0.067 0.074 0.080 0.075 Jackson Brownstown 0.082 0.084 0.090 0.082 0.082 0.083 0.085 0.085 Bloomington Greene Plummer 0.090 0.085 0.093 0.088 0.090 0.087 0.089 0.088 Lafayette Lafayette Carroll Flora Airport 0.079 0.096 0.079 0.079 0.087 0.084 Evansville Gibson Toyota 0.080 0.068 0.067 0.078 0.074 0.080 0.074 0.071 0.071 0.073 Kosciusko RR Donnelley 0.085 0.085 Perry AK Steel 0.097 0.095 0.091 0.086 0.097 0.096 0.094 0.090 Industrial 4/ 28/ 04


[Federal Register Volume 77, Number 92 (Friday, May 11, 2012)]
[Notices]
[Pages 27835-27836]
[FR Doc No: 2012-11402]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Membership Availability in the National Parks Overflights
Advisory Group Aviation Rulemaking Committee

ACTION: Notice.

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SUMMARY: The National Park Service (NPS) and the Federal Aviation
Administration (FAA), as required by the National Parks Air Tour
Management Act of 2000, established the National Parks Overflights
Advisory Group (NPOAG) in March 2001. The NPOAG was formed to provide
continuing advice and counsel with respect to commercial air tour
operations over and near national parks. This notice informs the public
of six vacancies (due to completion of membership on October 9, 2012)
on the NPOAG [now the NPOAG Aviation Rulemaking Committee (ARC)] for
members representing general aviation (one vacancy), commercial air
tour operators (two vacancies), environmental concerns (two vacancies),
and Native American tribal concerns (one vacancy) and invites
interested persons to apply to fill the vacancies.

DATES: Persons interested in serving on the NPOAG ARC should contact
Mr. Barry Brayer in writing and postmarked or emailed on or before June
8, 2012.

FOR FURTHER INFORMATION CONTACT: Barry Brayer, AWP-1SP, Special
Programs Staff, Federal Aviation Administration, Western-Pacific Region
Headquarters, P.O. Box 92007, Los Angeles, CA 90009-2007, telephone:
(310) 725-3800, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The National Parks Air Tour Management Act of 2000 (the Act) was
enacted on April 5, 2000, as Public Law 106-181. The Act required the
establishment of the advisory group within 1 year after it's enactment.
The advisory group was established in March 2001, and is comprised of a
balanced group of representatives of general aviation, commercial air
tour operations, environmental concerns, and Native American tribes.
The Administrator of the FAA and the Director of NPS (or their
designees) serve as ex officio members of the group. Representatives of
the Administrator and Director serve alternating 1-year terms as
chairman of the advisory group.
    The advisory group provides ``advice, information, and
recommendations to the Administrator and the Director--
    (1) On the implementation of this title [the Act] and the
amendments made by this title;
    (2) On commonly accepted quiet aircraft technology for use in
commercial air tour operations over a national park or tribal lands,
which will receive preferential treatment in a given air tour
management plan;
    (3) On other measures that might be taken to accommodate the
interests of visitors to national parks; and
    (4) At the request of the Administrator and the Director, safety,
environmental, and other issues related to commercial air tour
operations over a national park or tribal lands.''
    Members of the advisory group may be allowed certain travel
expenses as authorized by section 5703 of Title 5,

United States Code, for intermittent Government service.
    By FAA Order No. 1110-138, signed by the FAA Administrator on
October 10, 2003, the NPOAG became an Aviation Rulemaking Committee
(ARC). FAA Order No. 1110-138, was amended and became effective as FAA
Order No. 1110-138A, on January 20, 2006.
    The current NPOAG ARC is made up of one member representing general
aviation, three members representing the commercial air tour industry,
four members representing environmental concerns, and two members
representing Native American tribal concerns. Current members of the
NPOAG ARC are: Heidi Williams representing general aviation; Alan
Stephen, Elling Halvorson, and Matthew Zuccaro representing commercial
air tour concerns; Chip Dennerlein, Gregory Miller, Bryan Faehner, and
Dick Hingson representing environmental interests; Rory Majent and Ray
Russell, representing Native American tribes.
    In order to retain balance within the NPOAG ARC, the FAA and NPS
invite persons interested in serving on the ARC to represent general
aviation, commercial air tour operators, environmental concerns, or
Native American tribal concerns, to contact Mr. Barry Brayer (contact
information is written above in FOR FURTHER INFORMATION CONTACT).
    Requests to serve on the ARC must be made to Mr. Brayer in writing
and postmarked or emailed on or before June 8, 2012. The request should
indicate whether or not you are a member of an association or group
representing general aviation, commercial air tours, environmental
concerns, or Native American tribal concerns or have another
affiliation with issues relating to aircraft flights over national
parks. The request should also state what expertise you would bring to
the NPOAG ARC as related to the vacancy you are seeking to fill (e.g.,
general aviation). The term of service for NPOAG ARC members is 3
years.

    Issued in Hawthorne, CA, on April 30, 2012.
Barry Brayer,
NPOAG Chairman, Manager, Special Programs Staff, Western-Pacific
Region.
[FR Doc. 2012-11402 Filed 5-10-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 13 (Friday, January 19, 2018)]
[Notices]
[Page 2774]
[FR Doc No: 2018-00616]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9973-04-OW]

Environmental Financial Advisory Board Meeting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of open meeting of the Environmental Financial Advisory
Board.

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SUMMARY: The Environmental Protection Agency's (EPA) Environmental
Financial Advisory Board (EFAB) will hold a public meeting on February
20-21, 2018. EFAB is an EPA advisory committee chartered under the
Federal Advisory Committee Act to provide advice and recommendations to
EPA on creative approaches to funding environmental programs, projects,
and activities.

DATES: The full board meeting will be held Tuesday, February 20, 2018
from 1:30 p.m.-5:00 p.m., and Wednesday, February 22, 2018 from 9:00
a.m.-5:00 p.m.

ADDRESSES: Willard Intercontinental Washington Hotel, 1401 Pennsylvania
Avenue, Washington, DC 20004.

FOR FURTHER INFORMATION CONTACT: For information on access or services
for individuals with disabilities, or to request accommodations for a
disability, please contact Sandra Williams at<PHONE_NUMBER> or
[email protected], at least 10 days prior to the meeting to allow
as much time as possible to process your request.

SUPPLEMENTARY INFORMATION: The purpose of this meeting is to hear from
informed speakers on environmental finance issues, proposed
legislation, and EPA priorities; to discuss activities, progress, and
preliminary recommendations with regard to current EFAB work projects;
and to consider request for assistance from EPA program offices.
Environmental finance discussions and presentations are expected on,
but not limited to, the following topics: Predevelopment practices and
funding tools that can assist local governments in evaluating public-
private partnership as alternatives to current infrastructure delivery
methods; developing metrics for measuring success of funding programs
for water quality restoration in the Chesapeake Bay Watershed;
financing and funding strategies that complement water system
regionalization/consolidation; resilience investment and disaster
recovery financing mechanisms; scoping and evaluation of a market-based
Rural Alaska Waste Backhaul Service Program; and drinking water and
clean water SRF funding to address lead fixture replacement projects.
The meeting is open to the public; however, seating is limited. All
members of the public who wish to attend the meeting must register, in
advance, no later than Monday, January 26, 2018.

    Dated: December 22, 2017.
Andrew Sawyers,
Director, Office of Wastewater Management, Office of Water.
[FR Doc. 2018-00616 Filed 1-18-18; 8:45 am]
 BILLING CODE 6560-50-P