[Federal Register: April 6, 2009 (Volume 74, Number 64)]
[Proposed Rules]
[Page 15414-15417]
[DOCID:fr06ap09-21]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0121]
RIN 1625-AA00

Safety Zone; City of Chula Vista Fourth of July Fireworks; San
Diego Bay, San Diego, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes establishing a temporary safety zone
on the navigable waters of the San Diego Bay in support of the City of
Chula Vista Fourth of July Fireworks. This

temporary safety zone is necessary to provide for the safety of crew,
spectators, and other users and vessels of the waterway. Persons and
vessels are prohibited from entering into, transiting through, or
anchoring within this temporary safety zone unless authorized by the
Captain of the Port or his designated representative.

DATES: Comments and related material must either be submitted to our
Online docket via http://www.regulations.gov on or before May 6, 2009
or reach the Docket Management Facility by that date.

ADDRESSES: You may submit comments identified by docket number USCG-
2009-0121 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these methods. For
instructions on submitting comments, see the ``Public Participation and
Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section
below.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call Petty Officer Kristen Beer, USCG, Waterways Management, U.S.
Coast Guard Sector San Diego at<PHONE_NUMBER>. If you have questions
on viewing or submitting material to the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

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

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2009-0121), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online, or by fax, mail or hand delivery, but please use only one of
these means. We recommend that you include your name and a mailing
address, an e-mail address, or a phone number in the body of your
document so that we can contact you if we have questions regarding your
submission.
    To submit your comment Online, go to http://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert ``USCG-2009-0121'' in the Docket ID box, press Enter,
and then click on the balloon shape in the Actions column. If you
submit your comments by mail or hand delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit them by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert USCG-2009-0121 in the Docket ID box, press Enter, and
then click on the item in the Docket ID column. You may also visit
either the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays; or the U.S. Coast Guard
Sector San Diego, 2710 N. Harbor Dr., San Diego, CA 92101 between 8
a.m. and 3 p.m., Monday through Friday, except Federal holidays. We
have an agreement with the Department of Transportation to use the
Docket Management Facility.

Privacy Act

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

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one to the Docket Management Facility at the address under
ADDRESSES explaining why one would be beneficial. If we determine that
one would aid this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register.

Background and Purpose

    The City of Chula Vista is sponsoring the City of Chula Vista
Fourth of July Fireworks, which will include a fireworks presentation
originating from a barge located at approximately 32[deg]37.52' N,
117[deg]06.64' W. The safety zone will encompass all navigable waters
within 800 feet of the fireworks barge. This temporary safety zone is
necessary to provide for the safety of the crew, spectators, and other
users and vessels of the waterway.

Discussion of Proposed Rule

    The Coast Guard proposes establishing a safety zone that will be
enforced from 8:45 p.m. to 9:30 p.m. on July 4, 2009. This safety zone
is necessary to provide for the safety of the crew, spectators, and
other users and vessels of the waterway. Persons and vessels will be
prohibited from entering into, transiting through, or anchoring within
this safety zone unless authorized by the Captain of the Port or his
designated representative. The limits of the safety zone are all
navigable waters within 800 feet of the fireworks barge located at
approximately 32[deg]37.52' N, 117[deg]06.64' W.

Regulatory Analyses

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

Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order. This determination is
based on the size and location of the safety zone. Commercial vessels
will not be hindered by the safety zone. Recreational vessels will not
be allowed to transit through the established safety zone during the
specified times unless authorized to do so by the Captain of the Port
or his designated representative.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities.
    This proposed rule would affect the following entities, some of
which might be small entities: the owners or operators of vessels
intending to transit or anchor in a portion of the San Diego Bay from
8:45 p.m. to 9:30 p.m. on July 4, 2009.
    This safety zone would not have a significant economic impact on a
substantial number of small entities for the following reasons. This
rule would be in effect for only 45 minutes late in the evening when
vessel traffic is low. Vessel traffic could pass safely around the
safety zone. Before the effective period, the Coast Guard will publish
a local notice to mariners (LNM) and will issue broadcast notice to
mariners (BNM) alerts via marine channel 16 VHF before the temporary
safety zone is enforced.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. 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 Petty Officer Kristen Beer,
USCG, Waterways Management, U.S. Coast Guard Sector San Diego at (619)
278-7262. The Coast Guard will not retaliate against small entities
that question or complain about this proposed rule or any policy or
action of the Coast Guard.

Collection of Information

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

Federalism

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

Unfunded Mandates Reform Act

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

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

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

Indian Tribal Governments

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

Energy Effects

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

Technical Standards

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

Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 0023.1 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination this action is one of a category
of actions which do not individually or cumulatively have a significant
effect on the human environment. An environmental analysis checklist
supporting this preliminary determination is 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 proposed rule.

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 proposes
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

    2. Add a new temporary zone Sec.  165.T11-158 to read as follows:

Sec.  165.T11-158  Safety Zone; City of Chula Vista Fourth of July
Fireworks; San Diego Bay, San Diego, CA.

    (a) Location. The limits of the safety zone are all the navigable
waters within 800 feet of the fireworks barge located at approximately
32[deg]37.52' N, 117[deg]06.64' W.
    (b) Enforcement Period. This section will be enforced from 8:45
p.m. to 9:30 p.m. on July 4, 2009. If the event concludes prior to the
scheduled termination time, the Captain of the Port will cease
enforcement of this safety zone and will announce that fact via
Broadcast Notice to Mariners.
    (c) Definitions. The following definition applies to this section:
designated representative, means any commissioned, warrant, and petty
officers of the Coast Guard on board Coast Guard, Coast Guard
Auxiliary, and local, state, and federal law enforcement vessels who
have been authorized to act on the behalf of the Captain of the Port.
    (d) Regulations. (1) Entry into, transit through or anchoring
within this safety zone is prohibited unless authorized by the Captain
of the Port of San Diego or his designated on-scene representative.
    (2) Mariners requesting permission to transit through the safety
zone may request authorization to do so from the Patrol Commander
(PATCOM). The PATCOM may be contacted on VHF-FM Channel 16.
    (3) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designated representative.
    (4) Upon being hailed by U.S. Coast Guard patrol personnel by
siren, radio, flashing light, or other means, the operator of a vessel
shall proceed as directed.
    (5) The Coast Guard may be assisted by other federal, state, or
local agencies.

    Dated: March 16, 2009.
T.H. Farris,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
 [FR Doc. E9-7658 Filed 4-3-09; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 84, Number 27 (Friday, February 8, 2019)]
[Notices]
[Pages 2860-2861]
[FR Doc No: 2019-01638]

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ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-9043-3]

Environmental Impact Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General
Information<PHONE_NUMBER> or https://www.epa.gov/nepa/ nepa/.

Weekly receipt of Environmental Impact Statements
Filed 01/28/2019 Through 02/01/2019
Pursuant to 40 CFR 1506.9.

Notice

    Section 309(a) of the Clean Air Act requires that EPA make public
its comments on EISs issued by other Federal agencies. EPA's comment
letters on EISs are available at: https://cdxnodengn.epa.gov/cdx-enepa-public/action/eis/search.

EIS No. 20180315, Final, USFWS, NE, Issuance of an Incidental Take
Permit and Implementation of a Habitat Conservation Plan for the R-
Project Transmission Line, Review Period Ends: 03/11/2019, Contact:
Drue DeBerry<PHONE_NUMBER>

EIS No. 20190001, Final, DOE, LA, ADOPTION--Driftwood LNG Project,
Contact: Brian Lavoie<PHONE_NUMBER>

    The Department of Energy (DOE) has adopted the Federal Energy
Regulatory Commission's Final EIS No. 20180331, filed 01/18/2019 with
the EPA. DOE was a cooperating agency on this project. Therefore,
recirculation of the document is not necessary under Section 1506.3(c)
of the CEQ regulations.

EIS No. 20190002, Final, HUD, VA, Ohio Creek Watershed Project, Review
Period Ends: 03/11/2019, Contact: Kerry Johnson<PHONE_NUMBER>

EIS No. 20190003, Final, FERC, LA, Port Arthur Liquefaction Project,
Texas Connector Project, and Louisiana Connector Project, Review Period
Ends: 03/11/2019, Contact: Office of External Affairs<PHONE_NUMBER>

EIS No. 20190004, Final, NMFS, OR, Final Environmental Impact Statement
to Analyze Impacts of NOAA's National Marine Fisheries Service Proposed
Approval of Hatchery and Genetic Management Plans for spring Chinook
salmon, steelhead, and rainbow trout in the Upper Willamette River
Basin Pursuant to Section 7 and 4(d) of the Endangered Species Act,
Review Period Ends: 03/11/2019, Contact: Lance Kruzic<PHONE_NUMBER>

EIS No. 20190005, Draft, USACE, CA, Prado Basin Ecosystem Restoration
and Water Conservation Study, Comment Period Ends: 03/27/2019, Contact:
Megan Wong<PHONE_NUMBER>

Amended Notices

EIS No. 20180244, Draft, USFS, CA, Plumas National Forest Over-Snow
Vehicle (OSV) Use Designation, Comment Period Ends: 03/01/2019,
Contact: Katherine Carpenter<PHONE_NUMBER>, Revision to FR Notice
Published 12/07/2019; Extending the Comment Period from 01/24/2019 to
03/01/2019.

EIS No. 20180260, Draft Supplement, USFS, ND, Northern Great Plains
Management Plans Revision (Dakota Prairie Oil and Gas RFDS SEIS),
Comment Period Ends: 02/20/2019, Contact: Leslie Ferguson<PHONE_NUMBER>,
Revision to FR Notice Published 12/14/2018; Extending Comment Period
from 01/16/2019 to 02/20/2019.

EIS No. 20180289, Draft, USFS, AZ, Fossil Creek Wild and Scenic River
Comprehensive River Management Plan, Comment Period Ends: 04/04/2019,
Contact: Marcos Roybal<PHONE_NUMBER>, Revision to FR Notice Published
11/30/2018; Extending the Comment Period from 02/28/2019 to 04/04/2019.

EIS No. 20180292, Draft, RUS, WI, Cardinal-Hickory Creek 345-kV
Transmission Line Project, Comment Period Ends: 04/01/2019, Contact:
Dennis Rankin<PHONE_NUMBER>, Revision to FR Notice Published 12/07/2018;
Extending the Comment Period from 02/05/2019 to 04/01/2019.

EIS No. 20180304, Draft, VA, CA, Draft Programmatic Environmental
Impact Statement and National Historic Preservation Act Section 106
Consultation West Los Angeles Medical Center Campus Proposed Master
Plan for Improvements and Reconfiguration, Comment Period Ends: 02/13/
2019, Contact: Glenn Elliott<PHONE_NUMBER>, Revision to FR Notice
Published 12/14/2018;

Extending the Comment Period from 01/26/2019 to 02/13/2019.

EIS No. 20180307, Draft, USFS, OR, Black Mountain Vegetation Management
Project, Comment Period Ends: 02/28/2019, Contact: Elysia Retzlaff 541-
416-6436, Revision to FR Notice Published 12/14/2018; Extending the
Comment Period from 01/28/2019 to 02/28/2019.

EIS No. 20180316, Draft Supplement, USFS, SC, AP Loblolly Pine Removal
and Restoration Project, Comment Period Ends: 02/25/2019, Contact:
Victor Wyant<PHONE_NUMBER>, Revision to FR Notice Published 12/21/2018;
Extending the Comment Period from 02/04/2019 to 02/25/2019.

EIS No. 20180322, Draft, APHIS, PRO, Rangeland Grasshopper and Mormon
Cricket Suppression Program, Comment Period Ends: 03/11/2019, Contact:
Jim Warren<PHONE_NUMBER>, Revision to FR Notice Published 12/28/2018;
Extending the Comment Period from 02/11/2019 to 03/18/2019.

EIS No. 20180323, Draft Supplement, DOE, KY, Disposition of Depleted
Uranium Oxide Conversion Product Generated from DOE's Inventory of
Depleted Uranium Hexafluoride, Comment Period Ends: 03/04/2019,
Contact: Jaffet Ferrer-Torres<PHONE_NUMBER>, Revision to FR Notice
Published 12/28/2018; Extending the Comment Period from 02/11/2019 to
03/04/2019.

    Dated: February 5, 2019.
Robert Tomiak,
Director, Office of Federal Activities.
[FR Doc. 2019-01638 Filed 2-7-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 75, Number 249 (Wednesday, December 29, 2010)]
[Notices]
[Pages 82007-82009]
[FR Doc No: 2010-32849]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2010-0910; FRL-8856-3]

Agency Information Collection Activities; Proposed Collection;
Comment Request; PCBs, Consolidated Reporting and Recordkeeping
Requirements; EPA ICR No. 1446.10, OMB Control No. 2070-0112

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that EPA is planning to
submit a request to renew an existing approved Information Collection
Request (ICR) to the Office of Management and Budget (OMB). This ICR,
entitled: ``PCBs, Consolidated Reporting and Recordkeeping
Requirements'' and identified by EPA ICR No. 1446.10 and OMB Control
No. 2070-0112, is scheduled to expire on October 31, 2011. Before
submitting the ICR to OMB for review and approval, EPA is soliciting
comments on specific aspects of the proposed information collection.

DATES: Comments must be received on or before February 28, 2011.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2010-0910, 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-2010-0910. 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-
2010-0910. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://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 Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an 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 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
available 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, will be publicly available only
in hard copy. Publicly available docket materials are available
electronically at http://www.regulations.gov, or, if only available in
hard copy, at the OPPT Docket. The OPPT Docket is located in the EPA
Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution
Ave., NW., Washington, DC. The EPA/DC Public Reading Room hours of
operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The telephone number of the EPA/DC Public Reading Room
is<PHONE_NUMBER>, and the telephone number for the OPPT Docket is
(202) 566-0280. Docket visitors are required to show photographic
identification, pass through a metal detector, and sign the EPA visitor
log. All visitor bags are processed through an X-ray machine and
subject to search. Visitors will be provided an EPA/DC badge that must
be visible at all times in the building and returned upon departure.

FOR FURTHER INFORMATION CONTACT: For technical information contact:
Sara Kemme, National Program Chemicals Division (7404T), Office of
Pollution Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(202) 566-0511; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. What information is EPA particularly interested in?

    Pursuant to section 3506(c)(2)(A) of PRA, EPA specifically solicits
comments and information to enable it to:
    1. Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility.
    2. Evaluate the accuracy of the Agency's estimates of the burden of
the proposed collection of information, including the validity of the
methodology and assumptions used.

    3. Enhance the quality, utility, and clarity of the information to
be collected.
    4. Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. In particular, EPA is requesting comments from
very small businesses (those that employ less than 25) on examples of
specific additional efforts that EPA could make to reduce the paperwork
burden for very small businesses affected by this collection.

II. What should I consider when I prepare my comments for EPA?

    You may find the following suggestions helpful for preparing your
comments:
    1. Explain your views as clearly as possible and provide specific
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used
that support your views.
    4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the collection activity.
    7. Make sure to submit your comments by the deadline identified
under DATES.
    8. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.

III. What information collection activity or ICR does this action apply
to?

    Affected entities: Entities potentially affected by this action are
persons who currently possess polychlorinated biphenyl (PCB) items,
PCB-contaminated equipment, or other PCB waste.
    Title: PCBs, Consolidated Reporting and Record Keeping
Requirements.
    ICR numbers: EPA ICR No. 1446.10, OMB Control No. 2070-0112.
    ICR status: This ICR is currently scheduled to expire on October
31, 2011. An Agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information, unless it displays
a currently valid OMB control number. The OMB control numbers for EPA's
regulations in title 40 of the Code of Federal Regulations (CFR), after
appearing in the Federal Register when approved, are listed in 40 CFR
part 9, are displayed either by publication in the Federal Register or
by other appropriate means, such as on the related collection
instrument or form, if applicable. The display of OMB control numbers
for certain EPA regulations is consolidated in 40 CFR part 9.
    Abstract: Section 6(e)(1) of the Toxic Substances Control Act
(TSCA), 15 U.S.C. 2605(e), directs EPA to regulate the marking and
disposal of PCBs. Section 6(e)(2) bans the manufacturing, processing,
distribution in commerce, and use of PCBs in other than a totally
enclosed manner. Section 6(e)(3) of TSCA establishes a process for
obtaining exemptions from the prohibitions on the manufacture,
processing, and distribution in commerce of PCBs. Since 1978, EPA has
promulgated numerous rules addressing all aspects of the life cycle of
PCBs as required by the statute. The regulations are intended to
prevent the improper handling and disposal of PCBs and to minimize the
exposure of human beings or the environment to PCBs. These regulations
have been codified in the various subparts of 40 CFR part 761. There
are approximately 100 specific reporting, third-party reporting, and
recordkeeping requirements covered by 40 CFR part 761.
    To meet its statutory obligations to regulate PCBs, EPA must obtain
sufficient information to conclude that specified activities do not
result in an unreasonable risk of injury to health or the environment.
EPA uses the information collected under the 40 CFR part 761
requirements to ensure that PCBs are managed in an environmentally safe
manner and that activities are being conducted in compliance with the
PCB regulations. The information collected by these requirements will
update the Agency's knowledge of ongoing PCB activities, ensure that
individuals using or disposing of PCBs are held accountable for their
activities, and demonstrate compliance with the PCB regulations.
Specific uses of the information collected include determining the
efficacy of a disposal technology; evaluating exemption requests and
exclusion notices; targeting compliance inspections; and ensuring
adequate storage capacity for PCB waste. This collection addresses the
several information reporting requirements found in the PCB
regulations.
    Responses to the collection of information are mandatory (see 40
CFR part 761). Respondents may claim all or part of a response
confidential. EPA will disclose information that is covered by a claim
of confidentiality only to the extent permitted by, and in accordance
with, the procedures in TSCA section 14 and 40 CFR part 2.
    Burden statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average about
1.2 hours per response. Burden means the total time, effort, or
financial resources expended by persons to generate, maintain, retain,
or disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    The ICR provides a detailed explanation of this estimate, which is
only briefly summarized here:
    Estimated total number of potential respondents: 538,286.
    Frequency of response: On occasion.
    Estimated total average number of responses for each respondent:
1.0.
    Estimated total annual burden hours: 685,155 hours.
    Estimated total annual costs: $21,839,714. This includes an
estimated burden cost of $21,839,714 and an estimated cost of $0 for
capital investment or maintenance and operational costs.

 IV. Are there changes in the estimates from the last approval?

    There is a decrease of 10,900 hours (from 696,055 hours to 685,155
hours) in the total estimated annual respondent burden compared with
that identified in the information collection most recently approved by
OMB. This decrease reflects improved estimates of the number of
respondents EPA expects to be affected by this information collection,
based on EPA's actual experience in administering this program. The
supporting statement provides extensive detail about the estimated
change in burden. The decrease is an adjustment.

V. What is the next step in the process for this ICR?

    EPA will consider the comments received and amend the ICR as

appropriate. The final ICR package will then be submitted to OMB for
review and approval pursuant to 5 CFR 1320.12. EPA will issue another
Federal Register notice pursuant to 5 CFR 1320.5(a)(1)(iv) to announce
the submission of the ICR to OMB and the opportunity to submit
additional comments to OMB. If you have any questions about this ICR or
the approval process, please contact the technical person listed under
FOR FURTHER INFORMATION CONTACT.

List of Subjects

    Environmental protection, Reporting and recordkeeping requirements.

    Dated: December 21, 2010.
Stephen A. Owens,
Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
[FR Doc. 2010-32849 Filed 12-28-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 221 (Friday, November 19, 2021)]
[Notices]
[Pages 64975-64976]
[FR Doc No: 2021-25226]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-93574; File No. SR-NYSEArca-2021-29]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of
Designation of a Longer Period for Commission Action on Proceedings To
Determine Whether To Approve or Disapprove a Proposed Rule Change, as
Modified by Amendment No. 1, To List and Trade Shares of
ConvexityShares 1x SPIKES Futures ETF Under NYSE Arca Rule 8.200-E
(Trust Issued Receipts)

November 15, 2021.
    On May 13, 2021, NYSE Arca, Inc. (``Exchange'') filed with the
Securities and Exchange Commission (``Commission''), pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\
and Rule 19b-4 thereunder,\2\ a proposed rule change to list and trade
shares of the ConvexityShares 1x SPIKES Futures ETF, a series of the
ConvexityShares Trust, under NYSE Arca Rule 8.200-E, Commentary .02
(``Trust Issued Receipts''). The proposed rule change was published for
comment in the Federal Register on May 26, 2021.\3\ On July 2, 2021,
pursuant to Section 19(b)(2) of the Act,\4\ the Commission designated a
longer period within which to approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether to approve or disapprove the proposed rule change.\5\
On July 26, 2021, the Exchange filed Amendment No. 1 to the proposed
rule change, which replaced and superseded the proposed rule change as
originally filed.\6\ On August 12, 2021, the Commission noticed filing
of Amendment No. 1 and instituted proceedings pursuant to Section
19(b)(2)(B) of the Act \7\ to determine whether to approve or
disapprove the proposed rule change.\8\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 91952 (May 20,
2021), 86 FR 28410.
    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 92321, 86 FR 36173
(July 8, 2021).
    \6\ Amendment No. 1 is available at: https://www.sec.gov/comments/sr-nysearca-2021-29/srnysearca202129.htm.
    \7\ 15 U.S.C. 78s(b)(2)(B).
    \8\ See Securities Exchange Act Release No. 92650, 86 FR 46287
(August 18, 2021). The comment letter received is available on the
Commission's website at: https://www.sec.gov/comments/sr-nysearca-2021-29/srnysearca202129.htm.
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \9\ provides that, after initiating
disapproval proceedings, the Commission shall issue an order approving
or disapproving the proposed rule change not later than 180 days after
the date of publication of notice of filing of the proposed rule
change. The Commission may extend the period for issuing an order
approving or disapproving the proposed rule change, however, by not
more than 60 days if the Commission determines that a longer period is
appropriate and publishes the reasons for such determination. The
proposed rule change was published for notice and comment in the
Federal Register on May 26, 2021. November 22, 2021 is 180 days from
that date, and January 21, 2022 is 240 days from that date.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission finds it appropriate to designate a longer period
within which to issue an order approving or disapproving the proposed
rule change so that it has sufficient time to consider the proposed
rule change and comment

letter received. Accordingly, the Commission, pursuant to Section
19(b)(2) of the Act,\10\ designates January 21, 2022 as the date by
which the Commission shall either approve or disapprove the proposed
rule change, as modified by Amendment No. 1 (File No. SR-NYSEArca-2021-
29).
---------------------------------------------------------------------------

    \10\ Id.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(57).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-25226 Filed 11-18-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 196 (Thursday, October 12, 2023)]
[Rules and Regulations]
[Pages 70602-70605]
[FR Doc No: 2023-22532]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 1090

[EPA-HQ-OAR-2023-0289; FRL 10290-01-OAR]
RIN 2060-AV87

Reformulated Gasoline Covered Areas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: In this final action, the Environmental Protection Agency
(EPA) is amending its reformulated gasoline (RFG) regulations to
reflect the reclassification of several ozone nonattainment areas as
Severe for the 2008 ozone national ambient air quality standard
(NAAQS). The subject areas are the Dallas-Fort Worth, TX area (Dallas),
the Denver-Boulder-Greeley-Fort Collins-Loveland, CO area (Denver), and
the Eastern Kern County, CA area (Eastern Kern). The reclassification
of the Dallas and Denver areas as Severe for the 2008 ozone NAAQS was
effective on November 7, 2022, and results in the prohibition of the
sale of conventional gasoline throughout the entire nonattainment area
under the Clean Air Act (CAA) eon November 7, 2023. Similarly, the
reclassification of the Eastern Kern area was effective on July 7,
2021, and the Federal RFG requirement applied to the area on July 7,
2022.

DATES: This final rule is effective November 13, 2023.

FOR FURTHER INFORMATION CONTACT: Mark Coryell, Office of Transportation
and Air Quality, U.S. Environmental Protection Agency, 2000 Traverwood,
Ann Arbor, MI 48105; email address: [email protected] or Rudy
Kapichak, Office of Transportation and Air Quality, U.S. Environmental
Protection Agency, 2000 Traverwood, Ann Arbor, MI 48105; email address:
[email protected].

SUPPLEMENTARY INFORMATION: The contents of this preamble are listed in
the following outline:

I. General Information
II. Action
III. Background
IV. Public Participation
V. Statutory and Executive Order Reviews
VI. Legal Authority and Statutory Provisions

I. General Information

A. Does this action apply to me?

    Entities potentially affected by this final action are fuel
producers and distributors who do business in the Dallas-Fort Worth, TX
area, the Denver-Boulder-Greeley-Fort Collins-Loveland, CO area, and
the Eastern Kern County, CA area.
---------------------------------------------------------------------------

    \1\ North American Industry Classification System.

------------------------------------------------------------------------
                                                                  NAICS
          Examples of potentially regulated entities               \1\
                                                                  codes
------------------------------------------------------------------------
Petroleum refineries..........................................    324110
                                                                  424710
Gasoline Marketers and Distributors...........................    424720
Gasoline Retail Stations......................................    457110
                                                                  457120

Gasoline Transporters.........................................    484220
                                                                  484230
------------------------------------------------------------------------

    The above table is not intended to be exhaustive, but rather
provides a guide for readers regarding entities likely to be regulated
by this action. The table lists the types of entities of which EPA is
aware that potentially could be affected by this final action. Other
types of entities not listed on the table could also be affected. To
determine whether your organization could be affected by this final
action, you should carefully examine the regulations in 40 CFR part
1090. If you have questions regarding the applicability of this action
to a particular entity, see the FOR FURTHER INFORMATION CONTACT section
of this preamble.

B. How can I get copies of this document and other related information?

    EPA has established a docket for this action under Docket ID No.
EPA-HQ-OAR-2023-0289. All documents in the docket are listed on the
www.regulations.gov website. Although listed in the index, some
information may not be publicly available, e.g., 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
electronically through www.regulations.gov.

II. Action

    In this final action, the Environmental Protection Agency (EPA) is
amending its reformulated gasoline (RFG) regulations at 40 CFR
1090.285(b) and (c) to reflect the reclassification of several ozone
nonattainment areas as Severe for the 2008 ozone national ambient air
quality standard. The subject areas are the Dallas-Fort Worth, TX area,
the Denver-Boulder-Greeley-Fort Collins-Loveland, CO area, and the
Eastern Kern County, CA area. The reclassification of the Dallas and
Denver areas was effective on November 7, 2022, and results in the
prohibition of the sale of conventional gasoline throughout the entire
nonattainment area under CAA section 211(k)(10)(D) and section
211(k)(5) effective 1 year after the effective date of the
reclassification, which is November 7, 2023.\2\ Similarly, the
reclassification of the Eastern Kern area was effective on July 7,
2021, and the Federal RFG requirement applied to the area on July 7,
2022.\3\
---------------------------------------------------------------------------

    \2\ See 87 FR 60926, October 7, 2022.
    \3\ See 86 FR 30204, June 7, 2021.
---------------------------------------------------------------------------

III. Background

    The CAA prohibits the sale of conventional gasoline in any ozone
nonattainment area that is reclassified as Severe and requires that
Federal RFG must instead be sold. The prohibition on the sale of
conventional gasoline takes effect 1 year after the effective date of
the reclassification (see CAA section 211(k)(10)(D)). For areas that
are reclassified as Severe for the 2008 ozone NAAQS, States would not
promulgate State fuel rules for implementing Federal RFG because the
CAA requirements would be implemented as written. Air agencies are thus
not required to submit a State Implementation Plan (SIP) revision
addressing Federal RFG requirements. Areas already subject to Federal
RFG requirements are listed in 40 CFR 1090.285(a)-(d). Federal RFG is
already sold in four counties in the Dallas area because Texas opted
those counties into RFG under CAA section 211(k)(6)(A). The
reclassification of the Dallas area as Severe for the 2008 ozone NAAQS
results in Federal RFG being required in all 10 counties in the
nonattainment area for the 2008 ozone NAAQS.\4\ The sale of Federal RFG
is a new requirement for the Denver area as Federal RFG is not
currently required to be sold in any part of the Denver 2008 ozone
NAAQS nonattainment area.\5\ With respect to Eastern Kern, California
law requires the sale of California Phase 3 RFG (CaRFG3) throughout the
State, and EPA has exempted gasoline meeting the CaRFG3 regulations
from the requirements that would otherwise apply under the Federal RFG
regulations.\6\ We granted this exemption because we found that
gasoline complying with the CaRFG3 regulations provides emissions
benefits equivalent to Federal RFG regulations and because California's
compliance and enforcement program is sufficiently rigorous to assure
that the standards are met.\7\ Thus, reclassification of Eastern Kern
to Severe does not impact the continued applicability of California's
regulations that require the sale of CaRFG3 in the Eastern Kern area.
Should California's regulations no longer apply in the future, EPA's
RFG regulations would apply in keeping with CAA requirements.
---------------------------------------------------------------------------

    \4\ Six counties in the Dallas area are subject to a SIP-
approved requirement to provide gasoline to retailers and wholesale
purchaser consumers with a maximum RVP of 7.8 psi per gallon from
June 1 through September 15. The six counties are Ellis, Johnson,
Kaufman, Parker, Rockwall and Wise. Beginning with the 2024 summer
season (June 1 through September 15 for retailers and wholesale
purchaser consumers, and May 1 through September 15 for all other
persons) gasoline sold in these six counties in the Dallas area will
be required to comply with the more stringent Federal RFG RVP per
gallon cap of 7.4 psi. See 40 CFR 1090.215(a)(3).
    \5\ The Denver area is subject to the Federal requirement to
sell gasoline with a maximum RVP of 7.8 psi per gallon during the
summer season (June 1 through September 15 for retailers and
wholesale purchaser consumers, and May 1 through September 15 for
all other persons). See 40 CFR 1090.215(a)(2). Beginning with the
2024 summer season, gasoline sold in the Denver area will be
required to comply with the more stringent Federal RFG RVP per
gallon cap of 7.4 psi. See 40 CFR 1090.215(a)(3).
    \6\ See 40 CFR 1090.625. See also 85 FR 78412 at 78430, footnote
70 (December 4, 2020).
    \7\ 70 FR 75914 (December 21, 2005).
---------------------------------------------------------------------------

IV. Public Participation

    EPA is issuing this final action without prior notice and comment.
The rulemaking procedures provided in CAA section 307(d) do not apply
when the Agency for good cause finds that notice-and-comment procedures
are impracticable, unnecessary, or contrary to the public interest
pursuant to section 553(b)(B) of the Administrative Procedure Act, 5
U.S.C. 553(b)(B). This is a ministerial action that amends 40 CFR
1090.285(b) and (c) to reflect that the Dallas, Denver, and Eastern
Kern ozone nonattainment areas have been reclassified as Severe for the
2008 ozone NAAQS and that CAA section 211(k)(10)(D) requires that such
reclassified areas become Federal RFG covered areas 1 year after the
effective date of their reclassification. For this reason, EPA finds
that notice-and-comment procedures under CAA section 307(d)(1) are
unnecessary.

V. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 14094: Modernizing Regulatory Review

    This action is not a significant regulatory action as defined in
Executive Order 12866, as amended by Executive Order 14094, and was
therefore not subject to a requirement for Executive Order 12866
review.

B. Paperwork Reduction Act (PRA)

    This action does not impose any information collection burden under
the PRA, because it does not contain any information collection
activities.

C. Regulatory Flexibility Act (RFA)

    This action is not subject to the RFA. The RFA applies only to
rules subject to notice-and-comment rulemaking requirements under the
Administrative Procedure Act (APA), 5 U.S.C. 553, or any other statute.
This rule is not subject to notice-and-comment requirements because the
Agency has invoked the APA ``good cause'' exemption under 5 U.S.C.
553(b).

D. Unfunded Mandates Reform Act (UMRA)

    This final rule does not contain an unfunded mandate of $100
million or more as described in UMRA, 2 U.S.C. 1531-1538, and does not
significantly or uniquely affect small governments. This action amends
the reformulated gasoline (RFG) regulations at 40 CFR 1090.285(b) and
(c) to reflect the reclassification of several ozone nonattainment
areas as Severe for the 2008 ozone NAAQS, which results in the
prohibition of the sale of conventional gasoline throughout the entire
nonattainment area under CAA section 211(k)(10)(D) and section
211(k)(5) effective 1 year after the effective date of the
reclassification.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not 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.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have Tribal implications, as specified in
Executive Order 13175. This final rule affects only those refiners,
importers or blenders of gasoline that chose to produce or import
gasoline that meets Federal RFG program requirements for sale in the
Dallas, Denver, and Kern County areas and gasoline distributers and
retail stations in those areas. Thus, Executive Order 13175 does not
apply to this action.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that EPA has reason to believe may disproportionately affect children,
per the definition of ``covered regulatory action'' in section 2-202 of
the Executive Order. This action is not subject to Executive Order
13045 because it does not concern an environmental health risk or
safety risk. EPA has no reason to believe that this action will
disproportionately affect children since the RFG program results in
lower emissions of ozone precursors in the Dallas, Denver, and Kern
County areas.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 because it is
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    This rule does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) directs
Federal agencies, to the greatest extent practicable and permitted by
law, to make environmental justice part of their mission by identifying
and addressing, as appropriate, disproportionately high and adverse
human health or environmental effects of their programs, policies, and
activities on minority populations (people of color and/or Indigenous
peoples) and low-income populations.
    The EPA believes that the requirement to sell RFG is likely to
reduce existing disproportionate and adverse effects on people of
color, low-income populations and/or Indigenous peoples. This
requirement in the areas referenced in this action will result in area-
wide emission reductions for ozone precursors and provide clean air
benefits. Therefore, disproportionately high and adverse human health
or environmental effects on minority or low-income populations are not
an anticipated result.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. The CRA allows the issuing agency to make a rule
effective sooner than otherwise provided by the CRA if the agency makes
a good cause finding that notice-and-comment rulemaking procedures are
impracticable, unnecessary, or contrary to the public interest (5
U.S.C. 808(2)). The EPA has made a good cause finding for this rule as
discussed in section IV, including the basis for that finding.

VI. Legal Authority and Statutory Provisions

    The statutory authority for this action is granted to EPA by
sections 211(k) and 301(a) of the Clean Air Act, as amended; 42 U.S.C.
7545(h) and 7601(a).

List of Subjects in 40 CFR Part 1090

    Environmental protection, Administrative practice and procedures,
Air pollution control, Fuel additives, Gasoline, Motor vehicle and
motor vehicle engines, Motor vehicle pollution, Penalties, Reporting
and recordkeeping requirements.

Michael S. Regan,
Administrator.

    For the reasons set forth in the preamble, EPA amends 40 CFR part
1090 as follows:

PART 1090--REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED
BLENDSTOCKS

0
1. The authority citation for part 1090 continues to read as follows:

    Authority: 42 U.S.C. 7414, 7521, 7522-7525, 7541, 7542, 7543,
7545, 7547, 7550, and 7601.

0
2. Amend Sec.  1090.285:
0
a. In table 2 to paragraph (b) by adding entries for ``Eastern Kern
County, ``Dallas'', and ``Denver-Boulder-Greeley-Ft. Collins-Loveland''
to the end of the table and adding footnotes 5 through 7 in numerical
order; and
0
b. In table 3 to paragraph (c) by removing the entry ``Dallas-Fort
Worth''.
    The additions read as follows:

Sec.  1090.285  RFG covered areas.

* * * * *
    (b) * * *

              Table 2 to Paragraph (b)--Additional RFG Covered Areas Under 42 U.S.C. 7545(k)(10)(D)
----------------------------------------------------------------------------------------------------------------
          Area designation                State or district             Counties           Independent cities
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Eastern Kern County................  California................  Kern County \5\......
Dallas.............................  Texas.....................  Collin, Dallas,
                                                                  Denton, Ellis,
                                                                  Johnson, Kaufman,
                                                                  Parker, Rockwall,
                                                                  Tarrant, Wise.
Denver-Boulder-Greeley-Ft. Collins-  Colorado..................  Adams, Arapahoe,
 Loveland.                                                        Boulder, Broomfield,
                                                                  Denver, Douglas,
                                                                  Jefferson, Larimer
                                                                  County,\6\ Weld
                                                                  County \7\.
----------------------------------------------------------------------------------------------------------------
 * * * * * * *
\5\ That portion of the county (with the exception of that portion in Hydrologic Unit Number 18090205 the Indian
  Wells Valley) east and south of a line described as follows: Beginning at the Kern-Los Angeles County boundary
  and running north and east along the northwest boundary of the Rancho La Liebre Land Grant to the point of
  intersection with the range line common to Range 16 West and Range 17 West, San Bernardino Base and Meridian;
  north along the range line to the point of intersection with the Rancho El Tejon Land Grant boundary; then
  southeast, northeast, and northwest along the boundary of the Rancho El Tejon Grant to the northwest corner of
  Section 3, Township 11 North, Range 17 West; then west 1.2 miles; then north to the Rancho El Tejon Land Grant
  boundary; then northwest along the Rancho El Tejon line to the southeast corner of Section 34, Township 32
  South, Range 30 East, Mount Diablo Base and Meridian; then north to the northwest corner of Section 35,
  Township 31 South, Range 30 East; then northeast along the boundary of the Rancho El Tejon Land Grant to the
  southwest corner of Section 18, Township 31 South, Range 31 East; then east to the southeast corner of Section
  13, Township 31 South, Range 31 East; then north along the range line common to Range 31 East and Range 32
  East, Mount Diablo Base and Meridian, to the northwest corner of Section 6, Township 29 South, Range 32 East;
  then east to the southwest corner of Section 31, Township 28 South, Range 32 East; then north along the range
  line common to Range 31 East and Range 32 East to the northwest corner of Section 6, Township 28 South, Range
  32 East, then west to the southeast corner of Section 36, Township 27 South, Range 31 East, then north along
  the range line common to Range 31 East and Range 32 East to the Kern-Tulare County boundary.
\6\ That portion of the county that lies south of a line described as follows: Beginning at a point on Larimer
  County's eastern boundary and Weld County's western boundary intersected by latitude 40 degrees, 42 minutes,
  and 47.1 seconds north, proceed west to a point defined by the intersection of latitude 40 degrees, 42
  minutes, 47.1 seconds north and longitude 105 degrees, 29 minutes, and 40.0 seconds west, proceeding south on
  longitude 105 degrees, 29 minutes, 40.0 seconds west to the intersection with latitude 40 degrees, 33 minutes
  and 17.4 seconds north, proceeding west on latitude 40 degrees, 33 minutes, 17.4 seconds north until this line
  intersects Larimer County's western boundary and Grand County's eastern boundary.
\7\ That portion of the county that lies south of a line described as follows: Beginning at a point on Weld
  County's eastern boundary and Logan County's western boundary intersected by latitude 40 degrees, 42 minutes,
  47.1 seconds north, proceeding west on latitude 40 degrees, 42 minutes, 47.1 seconds north until this line
  intersects Weld County's western boundary and Larimer County's eastern boundary.

* * * * *
[FR Doc. 2023-22532 Filed 10-11-23; 8:45 am]
BILLING CODE 6560-50-P


                 United States Environmental Protection Agency
                    Docket Index for EPA-R09-OAR-2018-0413

                        Notice of Proposed Rulemaking
Revisions to California State Implementation Plan; South Coast Air Quality Management District; Stationary Source Permits

                                 June 19, 2019
 Note: Copies of the Federal Register (FR) notices listed in Section C are publicly accessible at http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=FR.

Document Number
Document Name
A.1
SIP submittal package from the California Air Resources Board; Dated April 24, 2019
A.2
SCAQMD Amended Rule 1325  -  Federal PM2.5 New Source Review Program (Clean Version); Adopted November 4, 2016
A.3
SCAQMD Amended Rule 1325  -  Federal PM2.5 New Source Review Program (Strike-out Version); Adopted November 4, 2016

Document Number
Document Name
B.1
SIP Submittal Completeness Letter (Elizabeth J. Adams,
EPA Region 9 Letter to Richard W. Corey, CARB); Dated June 5, 2019
B.2
SIP Approved SCAQMD Rule 1325  -  Federal PM2.5 New Source Review Program: Adopted November 4, 2016

Document Number
Federal Register Citation & Date
C.1
 83 FR 61551, November 30, 2018


[Federal Register Volume 82, Number 113 (Wednesday, June 14, 2017)]
[Proposed Rules]
[Pages 27219-27221]
[FR Doc No: 2017-09846]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0338; Directorate Identifier 2016-NM-153-AD]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Bombardier, Inc., Model CL-600-2A12 (CL-601 Variant) and CL-
600-2B16 (CL-601-3A, CL-601-3R, and CL-604 Variants) airplanes. This
proposed AD was prompted by a determination that the bushing holes on
the engine mount rib might not conform to the engineering drawings and
that certain inspections of the engine mount rib must be included in
the airworthiness limitations section (ALS) of the Instructions for
Continued Airworthiness (ICA). This proposed AD would require revising
the maintenance or inspection program to incorporate certain
airworthiness limitation items (ALIs). We are proposing this AD to
address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by July 31, 2017.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    For service information identified in this NPRM, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec
H4S 1Y9, Canada; Widebody Customer Response Center North America toll-
free telephone 1-866-538-1247 or direct-dial telephone 1-514-855-2999;
fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>Internet http://www.bombardier.com. You may view this referenced service information at
the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
WA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0338; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Operations office (telephone<PHONE_NUMBER>) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Aziz Ahmed, Aerospace Engineer,
Airframe and Mechanical Systems Branch, ANE-171, New York Aircraft
Certification Office (ACO), FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2017-0338;
Directorate Identifier 2016-NM-153-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2015-09R1, dated June 29, 2015 (referred to after this as the Mandatory
Continuing Airworthiness Information, or ``the MCAI''), to correct an
unsafe condition for certain Bombardier, Inc., Model CL-600-2A12 (CL-
601 Variant), and CL-600-2B16 (CL-601-3A, CL-601-3R, and CL-604
Variants) airplanes. The MCAI states:

    The aeroplane manufacturer has determined that the bushing holes
on the engine mount rib may not conform to the engineering drawings.
Non-conforming bushing holes could increase loading on adjacent
fasteners, resulting in premature fatigue cracking of the engine
mount rib.
    In addition, it was also discovered that the inspection
requirements for the engine mount rib were not listed in the
Airworthiness Limitations Section of the Instructions for Continued
Airworthiness.
    Failure of the engine mount rib could compromise the structural
integrity of the engine mount and could lead to subsequent
detachment of an engine.
    A new Time Limits/Maintenance Checks (TLMC) Airworthiness
Limitations (AWL) task is introduced to ensure that any fatigue
cracking of the engine mount rib is detected and corrected.
    The original issue of this [Canadian] AD mandated the
incorporation of a new TLMC AWL task [into the maintenance or
inspection program, as applicable].
    Revision 1 of this [Canadian] AD is issued to remove model CL-
600-1A11 (600) aeroplanes from the Applicability section of the
[Canadian] AD since this model was incorrectly included in the
original issue.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0338.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
    This AD requires revisions to certain operator maintenance
documents to include new actions (e.g., inspections). Compliance with
these actions is required by 14 CFR 91.403(c). For airplanes that have
been previously modified, altered, or repaired in the areas addressed
by this proposed AD, the operator may not be able to accomplish the
actions described in the revisions. In this situation, to comply with
14 CFR 91.403(c), the operator must request approval for an alternative
method of compliance under the provisions of paragraph (i)(1) of this
proposed AD. The request should include a description of changes to the
required actions that will ensure the continued damage tolerance of the
affected structure.

Costs of Compliance

    We estimate that this proposed AD affects 129 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Revision of maintenance or inspection   1 work-hour x $85 per                 $0             $85         $10,965
 program.                                hour = $85.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority

because it addresses an unsafe condition that is likely to exist or
develop on products identified in this rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have 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.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

Bombardier, Inc.: Docket No. FAA-2017-0338; Directorate Identifier
2016-NM-153-AD.

(a) Comments Due Date

    We must receive comments by July 31, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Bombardier, Inc., airplanes identified in
paragraphs (c)(1), (c)(2), and (c)(3) of this AD, certificated in
any category.
    (1) Bombardier, Inc., Model CL-600-2A12 (CL-601) airplanes,
having serial numbers (S/Ns) 3001 through 3066 inclusive.
    (2) Bombardier, Inc., Model CL-600-2B16 (CL-601-3A and CL-601-3R
Variants) airplanes, having S/Ns 5001 through 5194 inclusive.
    (3) Bombardier, Inc., Model CL-600-2B16 (CL-604 Variant)
airplanes, having S/Ns 5301 through 5665 inclusive, and 5701 and
subsequent.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Periodic
inspections.

(e) Reason

    This AD was prompted by a determination that the bushing holes
on the engine mount rib may not conform to the engineering drawings
and that certain inspections of the engine mount rib must be
included in the airworthiness limitations section (ALS) of the
Instructions for Continued Airworthiness (ICA). We are issuing this
AD to detect and correct failure of an engine mount rib. Failure of
an engine mount rib could compromise the structural integrity of the
engine mount and could lead to subsequent detachment of an engine.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Maintenance or Inspection Program Revision

    Within 60 days after the effective date of this AD: Revise the
maintenance or inspection program, as applicable, to incorporate
maintenance tasks, in accordance with a method approved by the
Manager, New York Aircraft Certification Office (ACO), ANE-170, FAA.

    Note 1 to paragraph (g) of this AD:  Applicable information on
tasks required by paragraph (g) of this AD can be found in Chapter 5
of Time Limits/Maintenance Checks (TLMC) Manual PSP 601-5 (for Model
CL-600-2A12 (CL-601 Variant) airplanes), TLMC Manual PSP 601A-5 (for
CL-600-2B16 (CL-601-3A and CL-601-3R Variants) airplanes), TLMC
Manual CL-604 (for Model CL-600-2B16 (CL-604 Variant) airplanes, S/
Ns 5301 through 5665 inclusive), and TLMC Manual CL-605 (for Model
CL-600-2B16 (CL-604 Variant) airplanes, S/Ns 5701 and subsequent).

(h) No Alternative Actions and/or Intervals

    After the maintenance or inspection program has been revised as
required by paragraph (g) of this AD, no alternative actions (e.g.,
inspections) and/or intervals may be used, unless the actions and/or
intervals are approved as an alternative method of compliance (AMOC)
in accordance with the procedures specified in paragraph (i)(1) of
this AD.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO, ANE-170, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your request to your principal
inspector or local Flight Standards District Office, as appropriate.
If sending information directly to the ACO, send it to ATTN: Program
Manager, Continuing Operational Safety, FAA, New York ACO, 1600
Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-
7300; fax<PHONE_NUMBER>. Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office/
certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, New York ACO,
ANE-170, FAA; or Transport Canada Civil Aviation (TCCA); or
Bombardier, Inc.'s TCCA Design Approval Organization (DAO). If
approved by the DAO, the approval must include the DAO-authorized
signature.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian Airworthiness Directive CF-2015-09R1, dated June 29,
2015, for related information. This MCAI may be found in the AD
docket on the Internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2017-0338.
    (2) For more information about this AD, contact Aziz Ahmed,
Aerospace Engineer, Airframe and Mechanical Systems Branch, ANE-171,
New York Aircraft Certification Office (ACO), FAA, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590; telephone<PHONE_NUMBER>; fax
516-794-5531.

    Issued in Renton, Washington, on May 8, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2017-09846 Filed 6-13-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 136 (Tuesday, July 18, 2017)]
[Proposed Rules]
[Pages 32777-32779]
[FR Doc No: 2017-15054]

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

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-0460]
RIN 1625-AA09

Drawbridge Operation Regulation; Shrewsbury River, Sea Bright,
New Jersey

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to modify the operating schedule that
governs the Monmouth County Highway Bridge (alternatively referred to
as the ``Sea Bright Bridge'' or the ``S-32 Bridge'') across the
Shrewsbury River, mile 4.0 at Sea Bright, New Jersey. The bridge owner
submitted a request to reduce scheduled openings of the span and
include Fridays within the seasonal weekend operating schedule for the
bridge. It is expected this change to the regulations will better serve
the needs of the community while continuing to meet the reasonable
needs of navigation.

DATES: Comments and related material must reach the Coast Guard on or
before September 18, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0460 using Federal eRulemaking Portal at http://www.regulations.gov.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Mr. James Moore, Project Officer, First Coast Guard
District, telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background, Purpose and Legal Basis

    The Monmouth County Highway Bridge, mile 4.0, across the Shrewsbury
River at Sea Bright, New Jersey, offers mariners a vertical clearance
of 15 feet at Mean High Water and 17 feet at Mean Low Water when the
span is in the closed position. Vertical clearance is unlimited when
the draw is open. Horizontal clearance is 75 feet. Waterway users
include recreational and a limited number of commercial vessels
including tug/barge combinations.
    The existing drawbridge regulation, 33 CFR 117.755, requires the
draw of the Monmouth County Highway Bridge to open as follows:
    The draw shall open on signal at all times; except that, from May
15 through September 30, on Saturday, Sunday and holidays, between 9
a.m. and 7 p.m., the draw need open only on the hour and half hour.
    This regulation has been in effect since July 6, 2010. The owner of
the bridge, the Monmouth County Board of Chosen Freeholders, requested
a change to the drawbridge operating regulations given the increased
volume of vehicular traffic crossing the bridge associated with the
summer months. This increased vehicular traffic coupled with bridge
openings for vessels on the hour as well as the half-hour has resulted
in lengthy traffic jams on either side of the bridge during peak travel
hours. Traffic congestion will be relieved through reduction of
required bridge openings for vessels.

    Monmouth County also requested that from May 15 to September 30 the
modified operating regulations presently encompassing Saturdays,
Sundays and holidays be expanded to include Fridays as well. Given the
volume of vehicular traffic crossing the bridge at the beginning of the
weekend, starting the modified weekend operating schedule on Friday
will allow for more efficient and economical operation of the bridge.

III. Discussion of Proposed Rule

    Members of the public attending a meeting held in Rumson, New
Jersey on April 5, 2016 indicated a desire to modify the operating
regulations based on repeated experience with traffic jams on either
side of the bridge associated with seasonal waterway traffic patterns.
Analysis furnished by Monmouth County confirms that the seasonal nature
of bridge openings negatively impacts the efficient flow of vehicular
traffic. Moreover, the study indicates that reducing the number of
scheduled openings for vessels will not significantly affect the
movement of waterway traffic. It was also noted that vehicular traffic
builds significantly on each successive Friday leading into the weekend
over the course of the summer. Based on the analysis provided, the
Coast Guard proposes to permanently change the drawbridge operating
regulation 33 CFR 117.755.
    The proposed rule would allow the Monmouth County Highway Bridge to
open as follows: The draw shall open on signal at all times; except
that, from May 15 through September 30, on Friday, Saturday, Sunday and
holidays, between 9 a.m. and 7 p.m., the draw need only open on the
hour.

IV. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    The Coast Guard believes this rule is not a significant regulatory
action. The bridge will open on the hour from 9 a.m. to 7 p.m. during
Friday, Saturday, Sunday and Holidays throughout the summertime boating
season, while still opening on signal during evening hours as well as
through the autumn, winter and spring months. The minimum 15 foot
vertical clearance available while the bridge is in the closed position
is sufficient to allow a significant number of recreational vessels to
safely and expeditiously pass through the draw without opening.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    For the reasons stated in Sections III. and IV. A. above, this
proposed rule will not pose a significant economic impact on any vessel
owner or operator.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION
CONTACT, above. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Government

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed 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 proposed rule will not
result in such an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01, and Commandant Instruction
M16475.l (series), which guides the Coast Guard in complying with the
National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-
4370f), and have made a preliminary determination that this action is
one of a category of actions which do not individually or cumulatively
have a significant effect on the human environment. This proposed rule
simply promulgates the operating regulations or procedures for
drawbridges. Normally such actions are

categorically excluded from further review, under figure 2-1, paragraph
(32)(e), of the Instruction.
    A preliminary Record of Environmental Consideration and a
Memorandum for the Record are not required for this proposed rule. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
    Documents mentioned in this notice and all public comments are in
our online docket at http://www.regulations.gov and can be viewed by
following that Web site's instructions. Additionally, if you go to the
online docket and sign up for email alerts, you will be notified when
comments are posted or a final rule is published.

List of Subjects in 33 CFR Part 117

    Bridges.

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

PART 117--DRAWBRIDGE OPERATION REGULATIONS

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

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

0
2. Amend Sec.  117.755 by revising paragraph (a) to read as follows:

Sec.  117.755  Shrewsbury River

* * * * *
    (a) The draw shall open on signal at all times; except that, from
May 15 through September 30, on Friday, Saturday, Sunday and holidays,
between 9 a.m. and 7 p.m., the draw need open only on the hour.
* * * * *

    Dated: June 30, 2017.
S.D. Poulin,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2017-15054 Filed 7-17-17; 8:45 am]
 BILLING CODE 9110-04-P