[Federal Register Volume 87, Number 202 (Thursday, October 20, 2022)]
[Rules and Regulations]
[Pages 63698-63701]
[FR Doc No: 2022-22192]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2022-0412; FRL-9818-02-R9]

Determinations of Attainment by the Attainment Date, California
Areas Classified as Serious for the 2008 Ozone National Ambient Air
Quality Standards and Marginal for the 2015 Ozone National Ambient Air
Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing a
determination that the Nevada County (Western part) and Ventura County
areas in California, both classified as Serious for the 2008 ozone
National Ambient Air Quality Standards (NAAQS), attained the 2008 ozone
NAAQS by the July 20, 2021 attainment date. The EPA is also finalizing
a determination that six areas in California classified as Marginal for
the 2015 ozone NAAQS, attained the 2015 ozone NAAQS by the August 3,
2021 attainment date. These six areas are: Butte County, Calaveras
County, San Luis Obispo (Eastern part), Sutter Buttes, Tuolumne County,
and Tuscan Buttes. Our final determination of attainment is based on
the exclusion of exceedances of the 2008 and 2015 ozone NAAQS that
occurred on multiple days in 2018 and 2020, because the exceedances
were due to exceptional events. We are also finalizing our
determination that the requirement for the State to have contingency
measures for Reasonable Further Progress (RFP) and attainment for the
2008 ozone NAAQS for the Nevada County (Western part) and Ventura
nonattainment areas will no longer apply, because the contingency
measures will never be needed given the attainment of the NAAQS by the
attainment date. This action fulfills the EPA's statutory obligation to
determine whether these ozone nonattainment areas attained the NAAQS by
the relevant attainment dates.

DATES: The effective date of this rule is November 21, 2022.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-EPA-R09-OAR-2022-0412. All documents in the docket
are listed on the https://www.regulations.gov website. Although listed
in the index, some information is not 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 through https://www.regulations.gov, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information.

FOR FURTHER INFORMATION CONTACT: Laura Lawrence, Air Planning Office
(AIR-2), EPA Region IX, 75 Hawthorne Street, San Francisco, CA 94105;
By phone:<PHONE_NUMBER> or by email: [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' means the EPA.

Table of Contents

I. Summary of the Proposed Action
II. Public Comment Period and Final Action
III. Summary of Final Action
IV. Statutory and Executive Order Reviews

I. Summary of the Proposed Action

    On July 14, 2022,\1\ the EPA proposed to determine that two areas
classified as Serious nonattainment for the 2008 ozone National Ambient
Air Quality Standards (NAAQS or ``standards'') attained the standards
by their July 21, 2021 attainment date, and that six areas classified
as Marginal for the 2015 ozone standards attained the standards by
their August 3, 2021 attainment date.\2\ The EPA proposed these
findings to fulfill our statutory obligation under Clean Air Act (CAA
or the Act) section 181(b)(2) to determine whether areas with
attainment dates in 2021 attained the relevant standards by their
applicable attainment dates. These proposed determinations were based
on complete, quality-assured and certified ozone air quality monitoring
data for the 2018-2020 calendar years, and based on the exclusion of
certain exceedances of the 2008 and 2015 ozone NAAQS that occurred on
multiple days in 2018 and 2020, because the exceedances were due to
exceptional events.
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    \1\ 87 FR 42126 (July 14, 2022).
    \2\ The 2008 and 2015 ozone NAAQS are both 8-hour standards; the
2008 ozone NAAQS was set at a level of 0.075 ppm (73 FR 16436, March
27, 2008), and the 2015 ozone NAAQS was set at a level of 0.070 ppm
(80 FR 65291, October 26, 2015).
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    Specifically, we proposed to determine than the Ventura County and
the Nevada County (Western part) (or ``Western Nevada County'') areas
attained the 2008 ozone NAAQS by the Serious area attainment date of
July 20, 2021, and that the Butte County, Calaveras County, San Luis
Obispo (Eastern part) (or ``Eastern San Luis Obispo''), Sutter Buttes,
Tuloumne County, and Tuscan Buttes areas attained the 2015 ozone NAAQS
by the Marginal area attainment date of August 3, 2021. A summary of
the actions proposed for the two areas classified Serious for the 2008
ozone NAAQS is provided in Table 1 of this document, and a summary of
the actions proposed for the six areas classified Marginal for the 2015
ozone NAAQS is provided in Table 2 of this document.

 Table 1--2008 Ozone NAAQS Serious Nonattainment Area Action Summary \a\
------------------------------------------------------------------------
                                       2018-2020     2008 NAAQS attained
   2008 NAAQS nonattainment area     design value      by the Serious
                                         (ppm)        attainment date?
------------------------------------------------------------------------
Nevada County (Western part)......           0.075  Attained.
Ventura County....................           0.075  Attained.
------------------------------------------------------------------------
\a\ The data shown exclude exceedances due to exceptional events.

Table 2--2015 Ozone NAAQS Marginal Nonattainment Area Action Summary \a\
------------------------------------------------------------------------
                                       2018-2020     2015 NAAQS attained
   2015 NAAQS nonattainment area     design value      by the Marginal
                                         (ppm)        attainment date?
------------------------------------------------------------------------
Butte County......................       \b\ 0.070  Attained.
Calaveras County..................           0.069  Attained.
San Luis Obispo (Eastern part)....           0.070  Attained.
Sutter Buttes.....................           0.070  Attained.
Tuolumne County...................           0.070  Attained.
Tuscan Buttes.....................           0.070  Attained.
------------------------------------------------------------------------
\a\ The data shown exclude exceedances due to exceptional events.
\b\ The average percent completeness for one of the monitors in Butte
  County, located in Paradise, CA, is 88 percent due to a power loss
  caused by regional California wildfires. Per 40 CFR part 50, appendix
  U, 4(c) the California Air Resources Board (CARB) submitted a request
  to the Regional Administrator for Region 9 to count missing data for
  79 days between November 8, 2018, and January 25, 2019, towards the
  minimum data completeness requirements. This request was approved and
  results in data completeness over 90 percent on average over the three-
  year period of 2018-2020 for the site; therefore, this design value is
  considered valid. For more information regarding the Paradise monitor
  data certification and the state's request, see the Technical Support
  Document for the proposed action and data certification letters
  included in the docket.

    In our proposed rule, we also proposed to determine that, if the
proposed determinations of attainment by the attainment date were
finalized for the Ventura County and Western Nevada County
nonattainment areas, then the requirement for the State to have
contingency measures for failure to meet RFP and failure to attain for
the 2008 ozone NAAQS would no longer apply, because contingency
measures would never be needed given the attainment of the NAAQS by the
attainment date (see section II.D of the proposed rule).
    Our proposed rule includes additional information about ozone air
pollution, the NAAQS, and the statutory and regulatory bases for making
these proposed determinations of attainment. Our proposed rule and the
Technical Support Document (TSD) accompanying the proposed rule also
include additional information about the relevant nonattainment areas,
information about areas of Indian Country within the nonattainment
areas, and additional information about the data considered for this
action.

II. Public Comment Period and Final Action

    The public comment period for the EPA's July 14, 2022 proposal
closed on August 15, 2022. We received no comments on our proposal.
    Pursuant to section 181(b)(2)(A) of the CAA and 40 CFR 51.1303, the
EPA is making final determinations that the Serious nonattainment areas
listed in Table 1 attained the 2008 ozone NAAQS by the applicable
attainment date of July 20, 2021, and the Marginal nonattainment areas
listed in Table 2 attained the 2015 ozone NAAQS by the applicable
attainment date of August 3, 2021. Once effective, this final action
satisfies the EPA's obligation pursuant to CAA section 181(b)(2)(A) to
determine, based on an area's air quality as of the attainment date,
whether the area attained the standard by the applicable attainment
date. This determination also establishes that, in

accordance with CAA section 181(b)(2)(A), the area will not be
reclassified for failure to attain by the applicable attainment date.
    The EPA is also making a final determination that the requirement
for the Western Nevada County and Ventura nonattainment areas to have
contingency measures for failure to meet RFP and failure to attain the
2008 ozone NAAQS by the attainment date no longer applies, because
contingency measures can never be triggered given the attainment of the
NAAQS by the attainment date. This finding will not prevent the EPA, in
the event that an area subsequently violates the NAAQS, from exercising
its authority under the CAA to address violations of the NAAQS.\3\ Our
proposed rule has more information about the EPA's rationale for these
actions.
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    \3\ See Bahr v Regan, 6 F.4th 1059, 1085 (9th Cir. 2021); see
also 42 U.S.C. 7407(d)(3).
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    These determinations of attainment do not constitute a
redesignation to attainment under CAA section 107(d)(3). The EPA may
redesignate an area if a state meets additional statutory criteria,
including the EPA approval of a state plan demonstrating maintenance of
the air quality standard for 10 years after redesignation, as required
under CAA section 175A. As for all NAAQS, the EPA is committed to
working with states that choose to submit redesignation requests for
areas that are attaining the 2008 and 2015 ozone NAAQS.

III. Summary of Final Action

    For the reasons set forth in our proposed rule and summarized in
this document, we are determining that:
     The Ventura County and Western Nevada County nonattainment
areas attained the 2008 ozone NAAQS by the July 20, 2021 attainment
date;
     The Butte County, Calaveras County, Eastern San Luis
Obispo County, Sutter Buttes, Tuolumne County, and Tuscan Buttes
nonattainment areas attained the 2015 ozone NAAQS by the August 3, 2021
attainment date; and
     The CAA requirement for the SIP to provide for contingency
measures for attainment and RFP will no longer apply to the Ventura
County and Western Nevada County nonattainment areas for the 2008 ozone
NAAQS.
    As noted in section II of this document, we are not taking action
to redesignate any area to attainment. The EPA would consider a
redesignation to attainment for these areas following a submittal by
the State of a formal redesignation request and maintenance plan.

IV. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive orders
can be found at https://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866, Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.

B. Paperwork Reduction Act (PRA)

    This rule does not impose any new information collection burden
under the PRA not already approved by the OMB.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action imposes no enforceable duty on any
state, local or tribal governments, or the private sector.

E. Executive Order 13132, Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the states, tribes, or the relationship
between the National Government and the states and tribes, or on the
distribution of power and responsibilities among the various levels of
government.

F. Executive Order 13175, Coordination With Indian Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires the EPA to develop an accountable process to ensure
``meaningful and timely input by tribal officials in the development of
regulatory policies that have tribal implications.'' ``Policies that
have tribal implications'' is defined in the Executive order to include
regulations that have ``substantial direct effects on one or more
Indian tribes, on the relationship between the Federal government and
the Indian tribes, or on the distribution of power and responsibilities
between the Federal government and Indian Tribes.''
    The EPA has identified tribal areas within three of the
nonattainment areas covered by this action, that would be potentially
affected by this action. Specifically, the Butte County, Calaveras
County, and Tuolumne County nonattainment areas addressed in this
action include areas of Indian country located within the nonattainment
area boundaries. A full list of tribes in these nonattainment areas is
found in section I.D of the proposed action and in the TSD accompanying
the proposed action.
    The EPA has concluded that this action may have tribal implications
for these tribes for the purposes of Executive Order 13175, but would
not impose substantial direct costs upon the tribes, nor would it
preempt tribal law. The determinations we are finalizing in this rule
apply throughout the nonattainment area, including on tribal lands
within the nonattainment areas. As noted in our proposed rule, and in
section II of this document, the nonattainment areas, including the
tribal lands within the nonattainment areas, will remain designated
nonattainment and will retain their existing classifications.
    At the time of our proposed action, the EPA notified the tribes
located within the boundaries of the nonattainment areas addressed in
this action, and we plan to notify them of this final action. Because
this action did not change the tribe's existing nonattainment
designation or classification, we did not offer government-to-
government consultation on our proposed action, however, as stated in
our proposed action, the EPA would initiate government-to-government
consultation at the request of any tribe. The EPA did not receive any
requests for consultation on this action.

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

    The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the 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.

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

    This action is not subject to Executive Order 13211 (66 FR 28355,
May 22, 2001) because it is not a significant regulatory action under
Executive Order 12866.

I. National Technology Transfer and Advancement Act

    This rulemaking does not involve technical standards.

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

    CAA 181(b)(2)(A) directs the Administrator to determine, within 6
months following the applicable attainment date, and based on the
area's design value as of the attainment date, whether the area
attained the standard by that date. There is no information in the
record indicating that this action would be inconsistent with the
stated goals of Executive Order 12898 of achieving environmental
justice for people of color, low-income populations, and indigenous
peoples.

K. Congressional Review Act (CRA)

    This rule is exempt from the CRA because it is a rule of particular
applicability. The rule makes factual determinations for specific
entities and does not directly regulate any entities. The determination
of attainment by the attainment date does not in itself create any new
requirements beyond what is mandated by the CAA.

L. Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by December 19, 2022. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Administrative practice and procedure,
Air pollution control, Designations and classifications, Incorporation
by reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.

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

    Dated: October 6, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.

    For the reasons stated in the preamble, part 52, chapter 1, title
40 of the Code of Federal Regulations is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart F--California

0
2. Section 52.282 is amended by adding paragraph (n) to read as
follows:

Sec.  52.282  Control strategy and regulations: Ozone.

* * * * *
    (n) Determinations of attainment by the attainment date. Effective
November 21, 2022.
    (1) Determinations of attainment by the attainment date. The EPA
has determined that the Nevada County (Western part) and Ventura County
Serious nonattainment areas in California attained the 2008 8-hour
ozone National Ambient Air Quality Standards (NAAQS) by the applicable
attainment date of July 20, 2021, based upon complete, quality-assured
and certified data for the calendar years 2018-2020.
    (2) Determinations of attainment by the attainment date. The EPA
has determined that the Butte County, Calaveras County, San Luis Obispo
(Eastern part), Sutter Buttes, Tuolumne County, and Tuscan Buttes
Marginal nonattainment areas in California attained the 2015 8-hour
ozone National Ambient Air Quality Standards (NAAQS) by the applicable
attainment date of August 3, 2021, based upon complete, quality-assured
and certified data for the calendar years 2018-2020.

[FR Doc. 2022-22192 Filed 10-19-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 109 (Friday, June 5, 2020)]
[Notices]
[Page 34617]
[FR Doc No: 2020-12232]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER20-1939-000]

Calpine Northeast Development, LLC; Supplemental Notice That
Initial Market-Based Rate Filing Includes Request for Blanket Section
204 Authorization

    This is a supplemental notice in the above-referenced Calpine
Northeast Development, LLC's application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is June 22, 2020.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
eLibrary link. Enter the docket number excluding the last three digits
in the docket number field to access the document. At this time, the
Commission has suspended access to the Commission's Public Reference
Room, due to the proclamation declaring a National Emergency concerning
the Novel Coronavirus Disease (COVID-19), issued by the President on
March 13, 2020. For assistance, contact the Federal Energy Regulatory
Commission at<EMAIL_ADDRESS>or call toll-free, (886) 208-
3676 or TYY,<PHONE_NUMBER>.

    Dated: June 1, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-12232 Filed 6-4-20; 8:45 am]
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[Federal Register Volume 88, Number 108 (Tuesday, June 6, 2023)]
[Rules and Regulations]
[Pages 36951-36952]
[FR Doc No: 2023-12015]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2023-0217]

Safety Zones; Fireworks Displays in the Fifth Coast Guard
District--Avalon, NJ

AGENCY: Coast Guard, DHS.

ACTION: Notification of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the North Atlantic Ocean, Avalon,
NJ; Safety Zone from 9 p.m. through 10 p.m. on July 4, 2023, or a rain
date of July 5, 2023, to provide for the safety of life

on navigable waterways during a barge-based fireworks display. During
the enforcement period, no person or vessel may enter, remain in, or
transit through the regulated area, and anyone in the vicinity must
comply with directions from the Patrol Commander or any Official Patrol
displaying a Coast Guard ensign.

DATES: The regulations in 33 CFR 165.506 for Avalon, NJ will be
enforced from 9 p.m. through 10 p.m. on July 4, 2023, or a rain date of
July 5, 2023.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call or email Petty Officer Dylan
Caikowski, U.S. Coast Guard, Sector Delaware Bay, Waterways Management
Division, telephone:<PHONE_NUMBER>, Email: [email protected].

SUPPLEMENTARY INFORMATION:
    The Coast Guard will enforce the safety zone in table 1 to
paragraph (h)(1) to 33 CFR 165.506, entry 1 for a barge-based fireworks
display from 9 p.m. through 10 p.m. on July 4, 2023, or a rain date of
July 5, 2023. This action is necessary to ensure safety of life on the
navigable waters of the United States immediately prior to, during, and
immediately after the fireworks display. Our regulation for safety
zones of fireworks displays in the Fifth Coast Guard District, table 1
to paragraph (h)(1) to 33 CFR 165.506, entry 1, specifies the location
of the regulated area as all waters of the North Atlantic Ocean, in the
vicinity of the shoreline at Avalon, NJ, within a 500-yard radius of
the fireworks barge position. The approximate position for the
fireworks barge is latitude 39[deg]06'17.96'' N, longitude
074[deg]42'05.47'' W. During the enforcement period, as reflected in
Sec.  165.506(d), vessels may not enter, remain in, or transit through
the safety zone unless authorized by the Captain of the Port or
designated Coast Guard patrol personnel on-scene.
    In addition to this notice of enforcement in the Federal Register,
the Coast Guard will provide notification of this enforcement period
via Local Notice to Mariners and Broadcast Notice to Mariners.

    Dated: May 30, 2023.
Jonathan D. Theel,
Captain, U.S. Coast Guard Captain of the Port Delaware Bay.
[FR Doc. 2023-12015 Filed 6-5-23; 8:45 am]
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[Federal Register Volume 79, Number 32 (Tuesday, February 18, 2014)]
[Notices]
[Page 9312]
[FR Doc No: 2014-03472]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2013-0123]

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), this document provides the public notice that by a document
dated November 19, 2013, Mr. Benny McCune of Cass Scenic Railroad State
Park (CASS) of the West Virginia Division of Natural Resources has
petitioned the Federal Railroad Administration (FRA) for a waiver of
compliance from certain provisions of the Federal railroad safety
regulations contained at 49 CFR Part 215, Railroad Freight Car Safety
Standards. FRA assigned the petition Docket Number FRA-2013-0123.
    Specifically, CASS seeks an exemption from the requirements for
stenciling of restricted cars for three cabooses, identified as Car
Numbers 50, 51, and 311. The three cabooses are more than 50 years of
age and, therefore, are restricted in accordance with 49 CFR
215.203(a). Specifically, 215.303, Stenciling of restricted cars,
requires that cars restricted by 215.203(a) shall be stenciled in a
certain way.
    In support of its petition, CASS states that due to the historical
importance of these cabooses and the fact that CASS is based on the
historical facts surrounding the log camps of the early 1900s, CASS
would like to keep the cabooses as historically accurate as possible.
    CASS is a steam-powered tourist railroad operating on a main track
of approximately 11 miles. There are additional sidings and a track
connecting CASS with another State-owned and operated railroad, the
West Virginia Central Railroad. The total track mileage is
approximately 18 miles. CASS has been operating since June 1963.
    CASS states that it operates from Memorial Day weekend through the
end of October. CASS does not interchange passenger cars or passengers.
One trip is a 1.5-hour round trip covering a total of 8 track miles.
The other trip is a 4.5-hour round trip covering a total of 22 track
miles. The trains travel at a speed of 6 to 8 mph.
    CASS also states that these three cabooses are primarily used for
overnight rentals and will be used for special charter trains for
photographic purposes from one to five times per year. Apart from these
photographic trips, the cabooses will only be moved for maintenance
reasons, and at no time will they exceed a speed of 10 mph or carry any
passengers.
    CASS further states that these cabooses are well maintained and in
good condition. The slow speed, short-trip length, and the fact that
CASS will not be carrying any passengers on these cabooses make the
cabooses safe to be operated in the limited capacity on CASS track.
    In addition, CASS also requests a Special Approval to continue
these cars in service in accordance with 49 CFR 205.203(c).
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue SE., W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Communications received by April 4, 2014 will be considered by FRA
before final action is taken. Comments received after that date will be
considered as far as practicable.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the document,
if submitted on behalf of an association, business, labor union, etc.).
See http://www.regulations.gov/#!privacyNotice for the privacy notice
of regulations.gov or interested parties may review DOT's complete
Privacy Act Statement in the Federal Register published on April 11,
2000 (65 FR 19477).

Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2014-03472 Filed 2-14-14; 8:45 am]
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