[Federal Register Volume 81, Number 145 (Thursday, July 28, 2016)]
[Notices]
[Pages 49640-49641]
[FR Doc No: 2016-17859]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2426-049]

California Department of Water Resources; Notice of Application
Accepted for Filing and Soliciting Comments, Motions To Intervene, and
Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Recreation Plan.
    b. Project No: 2426-049.
    c. Date Filed: May 20, 2016.
    d. Applicant: California Department of Water Resources.
    e. Name of Project: South SWP Hydroelectric Project.
    f. Location: The project is located on the California Aqueduct in
San Bernardino, Los Angeles, San Luis Obispo, Ventura, and Kern
counties, California and occupies, in part, federal lands administered
by the United States Forest Service.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Bonnie Duecker, California Department of
Water Resources, 34534 116th Street East, Pearblossom, CA 93553, (661)
944-8557<EMAIL_ADDRESS>    i. FERC Contact: Dr. Mark Ivy,<PHONE_NUMBER><EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, and
protests: August 22, 2016.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, and protests using the Commission's
eFiling system at http://www.ferc.gov/docs-filing/efiling.asp.
Commenters can submit brief comments up to 6,000 characters, without
prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact
information at the end of your comments. For assistance, please contact
FERC Online Support at<EMAIL_ADDRESS>(866) 208-3676 (toll
free), or<PHONE_NUMBER> (TTY). In lieu of electronic filing, please
send a paper copy to: Secretary, Federal

Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426. The first page of any filing should include docket number P-
2426-049.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency.
    k. Description of Request: California Department of Water Resources
requests Commission approval of a proposed recreation plan for the
project. The recreation plan provides a detailed description of all
existing recreation amenities and facilities in the immediate vicinity
of Pyramid Lake, Silverwood Lake, and Quail Lake, which are components
of the project. The recreation plan also includes visitation data,
concessionaire reports, and site plan drawings.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at http://www.ferc.gov using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. You may also
register online at http://www.ferc.gov/docs-filing/esubscription.asp to
be notified via email of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or email
<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item
(h) above. Agencies may obtain copies of the application directly from
the applicant.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214, respectively. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    o. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title ``COMMENTS'', ``PROTEST'', or ``MOTION TO
INTERVENE'' as applicable; (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person commenting, protesting or intervening; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis. Any filing made by an intervenor must be accompanied
by proof of service on all persons listed in the service list prepared
by the Commission in this proceeding, in accordance with 18 CFR
385.2010.

    Dated: July 22, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-17859 Filed 7-27-16; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 250 (Thursday, December 29, 2011)]
[Proposed Rules]
[Pages 81901-81903]
[FR Doc No: 2011-33273]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2011-0029-201163; FRL-9613-1]

Approval and Promulgation of Implementation Plans and
Designations of Areas for Air Quality Planning Purposes; North Carolina
and South Carolina; Charlotte; Determination of Attainment by
Applicable Attainment Date for the 1997 8-Hour Ozone Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to determine pursuant to the Clean Air Act
(CAA), that the Charlotte-Gastonia-Rock Hill, North Carolina-South
Carolina, ozone nonattainment area (hereafter referred to as ``the bi-
state Charlotte Area'' or ``the Area'') has attained the 1997 8-hour
ozone national ambient air quality standards (NAAQS) by its applicable
attainment date of June 15, 2011. The determination of attainment was
made by EPA on November 15, 2011, based on quality-assured and
certified monitoring data for the 2008-2010 monitoring period. EPA is
now proposing to find that the bi-state Charlotte Area attained the
1997 8-hour ozone NAAQS by its applicable attainment date. EPA is
proposing this action because it is consistent with the CAA and its
implementing regulations.

DATES: Comments must be received on or before January 30, 2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2011-0029, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: EPA-R04-OAR-2011-0029, Regulatory Development Section, Air
Planning Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Ms. Lynorae Benjamin, Chief,
Regulatory Development Section, Air Planning Branch, Air, Pesticides
and Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Such
deliveries are only accepted during the Regional Office's normal hours
of operation. The Regional Office's official hours of business are
Monday through Friday, 8:30 to 4:30, excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. ``EPA-R04-OAR-
2011-0029.'' EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at 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 through
www.regulations.gov or email, information that you consider to be CBI
or otherwise protected. The www.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 email comment directly to EPA without
going through www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy at the Regulatory Development Section, Air Planning
Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 4:30, excluding
Federal holidays.

FOR FURTHER INFORMATION CONTACT: For information regarding this
attainment determination, contact Mr. Sean Lakeman, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW., Atlanta, Georgia 30303-8960. Telephone number:
(404) 562-9043; email address<EMAIL_ADDRESS>For information
regarding 8-hour ozone NAAQS, contact Ms. Jane Spann, Regulatory
Development Section, at the same address above. Telephone number: (404)
562-9029; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. What action is EPA taking?
II. What is the background for this action?
III. What is the air quality in the bi-state Charlotte Area for the
1997 8-hour ozone NAAQS for the 2008-2010 monitoring period?
IV. What is the proposed action and what is the effect of this
action?
V. Statutory and Executive Order Reviews

I. What action is EPA taking?

    Based on EPA's review of the quality-assured and certified
monitoring data for 2008-2010, and in accordance with section 179(c)(1)
of the CAA and EPA's regulations, EPA proposes to determine that the
bi-state Charlotte Area has attained the 1997 8-hour ozone NAAQS by the
applicable attainment date of June 15, 2011.\1\ The bi-state Charlotte
Area is comprised of Cabarrus, Gaston, Lincoln, Mecklenburg, Rowan,
Union and a portion of Iredell (Davidson and Coddle Creek Townships)
Counties in North Carolina; a portion of York County in South Carolina;
and the Catawba Indian Nation Reservation. On November 15, 2011, EPA
published a final rulemaking making a determination of attainment to
suspend the requirements for the bi-state Charlotte Area to submit an
attainment demonstration and associated reasonably available control
measures (RACM), a reasonable further progress (RFP) plan, contingency
measures, and other planning State Implementation Plan (SIP) revisions
related to attainment of the 1997 8-hour ozone NAAQS so long as the
Area continues to attain the 1997 8-hour ozone NAAQS. See 76 FR 70656.
Today's proposed action merely makes a determination that the bi-state
Charlotte Area has attained the 1997 8-hour ozone NAAQS by its
applicable attainment date. This action is not a re-proposal of the
attainment determination to suspend the requirements for the bi-state
Charlotte Area to submit an attainment demonstration and associated
RACM, a RFP plan, contingency measures, and other planning SIP
revisions related to attainment of the standard. More information
regarding the 1997 8-hour ozone NAAQS and the Area's attainment of that
NAAQS is available at 76 FR 70656 (November 15, 2011).
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    \1\ Effective June 15, 2004, EPA designated the bi-state
Charlotte Area as a moderate area under the 1997 8-hour ozone NAAQS.
Moderate areas for the 1997 8-hour ozone NAAQS had an applicable
attainment date of June 15, 2010, unless the Area qualified for an
extension. On May 31, 2011, EPA took final action to extend the
applicable attainment date for the bi-state Charlotte Area to June
15, 2011. See 76 FR 31245 for more information.
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II. What is the background for this action?

    As a nonattainment area for the 1997 8-hour ozone NAAQS, the bi-
state Charlotte Area had an applicable attainment date of June 15, 2011
(based on 2008-2010 monitoring data). Pursuant to section 179(c) of the
CAA, EPA is required to make a determination on whether the Area
attained the standard by its applicable attainment date. Specifically,
section 179(c)(1) of the CAA reads as follows: ``As expeditiously as
practicable after the applicable attainment date for any nonattainment
area, but not later than 6 months after such date, the Administrator
shall determine, based on the area's air quality as of the attainment
date, whether the area attained the standard by that date.''

III. What is the air quality in the bi-state Charlotte Area for the
1997 8-Hour ozone NAAQS for the 2008-2010 monitoring period?

    Pursuant to EPA regulation 40 CFR 50.10, the 1997 8-hour ozone
NAAQS is met when the 3-year average of the annual fourth highest daily
maximum 8-hour average ambient air quality ozone concentrations, as
determined in accordance with 40 CFR part 50, Appendix I, is less than
or equal to 0.08 parts per million (ppm) (i.e., 0.084 ppm when rounding
is considered) in the subject area.
    EPA reviewed the ambient air monitoring data for the bi-state
Charlotte Area in accordance with the provisions of 40 CFR part 50,
Appendix I. All data considered have been quality-assured, certified,
and recorded in EPA's Air Quality System database. This review
addresses air quality data collected in the 3-year period from 2008-
2010, which is the period that EPA must consider for areas with an
applicable attainment date of June 15, 2011.

       Table 1--Design Values for Counties in the Bi-State Charlotte, North and South Carolina Nonattainment Area for the 1997 8-Hour Ozone NAAQS
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                2008-2010
                    Location                                   AQS site ID                  2008  (ppm)     2009  (ppm)     2010  (ppm)    Design value
                                                                                (ppm)
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Lincoln County (NC)............................  1487 Riverview Rd. (37-109-0004).......           0.079           0.065           0.072           0.072
Mecklenburg County (NC)........................  1130 Eastway Dr. (37-119-0041).........           0.085           0.069           0.082           0.078
Mecklenburg County (NC)........................  400 Westinghouse Blvd. (37-119-1005)...           0.073           0.068           0.078           0.073
Mecklenburg County (NC)........................  29 N @ Mecklenburg Cab Co. ( 37-119-              0.093           0.071           0.082           0.082
                                                  1009).
Rowan County (NC)..............................  301 West St & Gold Hill Ave. (37-159-             0.084           0.071           0.077           0.077
                                                  0021).
Rowan County (NC)..............................  925 N Enochville Ave. (37-159-0022)....           0.082           0.073           0.078           0.077
Union County (NC)..............................  701 Charles St. (37-179-0003)..........            0.08           0.067           0.071           0.072
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    As shown above in Table 1, during the 2008-2010 design period, the
bi-state Charlotte Area met the 1997 8-hour ozone NAAQS. The official
annual design value for the bi-state Charlotte Area for the 2008-2010
period is 0.082 ppm. More detailed information on the monitoring data
for the bi-state Charlotte Area during the 2008-2010 design period is
provided in EPA's November 15, 2011, final rulemaking to approve the
clean data determination for the bi-state Charlotte Area for the 1997
8-hour ozone NAAQS. See 76 FR 70656.

IV. What is the proposed action and what is the effect of this action?

    This action is a proposed determination that the bi-state Charlotte
Area has attained the 1997 8-hour ozone NAAQS by its applicable
attainment date of June 15, 2011, consistent with the CAA section
179(c)(1). Finalizing this proposed action would not constitute a
redesignation of the bi-state Charlotte Area to attainment of 1997 8-
hour ozone NAAQS under section 107(d)(3) of the CAA. Further,
finalizing this proposed action would not involve approving a
maintenance plan for the bi-state Charlotte Area as required under
section 175A of the CAA, nor would it

constitute a determination that the bi-state Charlotte Area has met all
other requirements for redesignation. Even if EPA finalizes today's
proposed action, the designation status of the bi-state Charlotte Area
would remain nonattainment for the 1997 8-hour ozone NAAQS until such
time as EPA determines that the Area meets the CAA requirements for
redesignation to attainment and takes action to redesignate the Area.

V. Statutory and Executive Order Reviews

    This action proposes to make a determination of attainment based on
air quality, and would not impose additional requirements beyond those
imposed by state law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).

Consistent with Executive Order 13175 (65 FR 67,249, November 9, 2000)
and EPA's Policy on Consultation and Coordination with Indian Tribes,
EPA has consulted with Catawba Indian Nation regarding today's proposed
action.\2\ In a letter dated October 13, 2011, EPA extended the Catawba
Indian Nation an opportunity to consult with EPA regarding this and
other actions related to the Charlotte Area. Consultation with the
Catawba Indian Nation began on October 14, 2011, and ended on October
31, 2011. The views and concerns raised by the Tribe during
consultation have been taken into account in this direct final rule.
EPA notes today's action will not impose substantial direct costs on
tribal governments or preempt tribal law.
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    \2\ The Catawba Indian Nation Reservation is located within the
South Carolina portion of the bi-state Charlotte nonattainment area.
Generally, SIPs do not apply in Indian country throughout the United
States. However, for purposes of the Catawba Indian Nation
Reservation in Rock Hill, the South Carolina SIP does apply within
the Reservation pursuant to the Catawba Indian Claims Settlement
Act, S.C. Code Ann. 27-16-120 (providing that ``all state and local
environmental laws and regulations apply to the [Catawba Indian
Nation] and Reservation and are fully enforceable by all relevant
state and local agencies and authorities.'')
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List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.

    Dated: December 19, 2011.
Gwendolyn Keyes Fleming,
Regional Administrator, Region 4.
[FR Doc. 2011-33273 Filed 12-28-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 190 (Friday, September 30, 2016)]
[Notices]
[Pages 67421-67422]
[FR Doc No: 2016-23652]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-[2016-0216]

Qualification of Drivers; Exemption Applications; Diabetes
Mellitus

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

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SUMMARY: FMCSA confirms its decision to exempt 46 individuals from its
rule prohibiting persons with insulin-treated diabetes mellitus (ITDM)
from operating commercial motor vehicles (CMVs) in interstate commerce.
The exemptions enable these individuals to operate CMVs in interstate
commerce.

DATES: The exemptions were effective on September 10, 2016. The
exemptions expire on September 10, 2018.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.
e.t., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

I. Electronic Access

    You may see all the comments online through the Federal Document
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov and/or Room W12-140 on the
ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

II. Background

    On August 10, 2016, FMCSA published a notice of receipt of Federal
diabetes exemption applications from 46 individuals and requested
comments from the public (81 FR 52947). The public comment period
closed on September 9, 2016, and no comments were received.
    FMCSA has evaluated the eligibility of the 46 applicants and
determined that granting the exemptions to these individuals would
achieve a level of safety equivalent to or greater than the level that
would be achieved by complying with the current regulation 49 CFR
391.41(b)(3).

Diabetes Mellitus and Driving Experience of the Applicants

    The Agency established the current requirement for diabetes in 1970
because several risk studies indicated that drivers with diabetes had a
higher rate of crash involvement than the general population. The
diabetes rule provides that ``A person is physically qualified to drive
a commercial motor vehicle if that person has no established medical
history or clinical diagnosis of diabetes mellitus currently requiring

insulin for control'' (49 CFR 391.41(b)(3)).
    FMCSA established its diabetes exemption program, based on the
Agency's July 2000 study entitled ``A Report to Congress on the
Feasibility of a Program to Qualify Individuals with Insulin-Treated
Diabetes Mellitus to Operate in Interstate Commerce as Directed by the
Transportation Act for the 21st Century.'' The report concluded that a
safe and practicable protocol to allow some drivers with ITDM to
operate CMVs is feasible. The September 3, 2003 (68 FR 52441), Federal
Register notice in conjunction with the November 8, 2005 (70 FR 67777),
Federal Register notice provides the current protocol for allowing such
drivers to operate CMVs in interstate commerce.
    These 46 applicants have had ITDM over a range of 1 to 42 years.
These applicants report no severe hypoglycemic reactions resulting in
loss of consciousness or seizure, requiring the assistance of another
person, or resulting in impaired cognitive function that occurred
without warning symptoms, in the past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in the past 5 years. In each case,
an endocrinologist verified that the driver has demonstrated a
willingness to properly monitor and manage his/her diabetes mellitus,
received education related to diabetes management, and is on a stable
insulin regimen. These drivers report no other disqualifying
conditions, including diabetes-related complications. Each meets the
vision requirement at 49 CFR 391.41(b)(10).
    The qualifications and medical condition of each applicant were
stated and discussed in detail in the August 10, 2016, Federal Register
notice and they will not be repeated in this notice.

III. Discussion of Comments

    FMCSA received no comments in this proceeding.

IV. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the diabetes requirement in 49 CFR 391.41(b)(3) if the exemption
is likely to achieve an equivalent or greater level of safety than
would be achieved without the exemption. The exemption allows the
applicants to operate CMVs in interstate commerce.
    To evaluate the effect of these exemptions on safety, FMCSA
considered medical reports about the applicants' ITDM and vision, and
reviewed the treating endocrinologists' medical opinion related to the
ability of the driver to safely operate a CMV while using insulin.
    Consequently, FMCSA finds that in each case exempting these
applicants from the diabetes requirement in 49 CFR 391.41(b)(3) is
likely to achieve a level of safety equal to that existing without the
exemption.

V. Conditions and Requirements

    The terms and conditions of the exemption will be provided to the
applicants in the exemption document and they include the following:
(1) That each individual submit a quarterly monitoring checklist
completed by the treating endocrinologist as well as an annual
checklist with a comprehensive medical evaluation; (2) that each
individual reports within 2 business days of occurrence, all episodes
of severe hypoglycemia, significant complications, or inability to
manage diabetes; also, any involvement in an accident or any other
adverse event in a CMV or personal vehicle, whether or not it is
related to an episode of hypoglycemia; (3) that each individual provide
a copy of the ophthalmologist's or optometrist's report to the medical
examiner at the time of the annual medical examination; and (4) that
each individual provide a copy of the annual medical certification to
the employer for retention in the driver's qualification file, or keep
a copy in his/her driver's qualification file if he/she is self-
employed. The driver must also have a copy of the certification when
driving, for presentation to a duly authorized Federal, State, or local
enforcement official.

VI. Conclusion

    Based upon its evaluation of the 46 exemption applications, FMCSA
exempts the following drivers from the diabetes requirement in 49 CFR
391.41(b)(10), subject to the requirements cited above 49 CFR
391.64(b):

Dale E. Bliss (WI)
Charles W. Bobbitt, III (WA)
Thomas Buckmaster (FL)
Dustin L. Campbell (MD)
Keith A. Cederberg (MN)
Carlos A. Chapa (TX)
David E. Colorado (UT)
Francis J. Crawford (NY)
James W. Creech (IN)
Kirk A. Devitis (NJ)
Melinda L. Echols (WA)
Justin W. Garriott (WY)
David J. Goergen (MN)
Pedro L. Gonzalez (MA)
Jeffrey K. Hagen (WI)
Charles D. Hall (CA)
Daniel O. Hawley (IL)
Eugene R. Huelskamp (OH)
Dennis S. Hughes (TX)
Bonita K. Hunt (NC)
John M. Isley (NC)
John T. Jameson (MO)
Jeffrey A. Kidd (MD)
Craig T. Kite (OH)
Donald E. Knowles (IA)
Kevin E. Lester (VA)
Eric T. Maier (CA)
Javier Melendez (TX)
Brenda L. Mitchell (KY)
Terry L. Neiman (PA)
Peter Z. Pall (FL)
Joaquim Pedro (NY)
Vernon Piper (NY)
Angelo Renieris (NY)
Sean A. Rivera (AZ)
Kevin L. Ross (AK)
James R. Sauceda (NM)
Kevin Stead (NJ)
Jacob P. Trommer (OH)
Nicholas D. Wall (SD)
Tony B. Wetherell (MN)
Mark A. Williams (GA)
Steven M. Wilson (IL)
Don E. Wood, Jr. (TX)
Kirk M. Wright (NE)
Charles P. Zenns (NY)

    In accordance with 49 U.S.C. 31136(e) and 31315 each exemption is
valid for two years unless revoked earlier by FMCSA. The exemption will
be revoked if the following occurs: (1) The person fails to comply with
the terms and conditions of the exemption; (2) the exemption has
resulted in a lower level of safety than was maintained before it was
granted; or (3) continuation of the exemption would not be consistent
with the goals and objectives of 49 U.S.C. 31136(e) and 31315. If the
exemption is still effective at the end of the 2-year period, the
person may apply to FMCSA for a renewal under procedures in effect at
that time.

    Issued on: September 22, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-23652 Filed 9-29-16; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 81, Number 33 (Friday, February 19, 2016)]
[Rules and Regulations]
[Pages 8394-8396]
[FR Doc No: 2016-03354]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 31058; Amdt. No. 3679]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This rule establishes, amends, suspends, or removes Standard
Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums
and Obstacle Departure Procedures (ODPs) for operations at certain
airports. These regulatory actions are needed because of the adoption
of new or revised criteria, or because of changes occurring in the
National Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective February 19, 2016. The compliance date
for each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of February 19, 2016.

ADDRESSES: Availability of matters incorporated by reference in the
amendment is as follows:

For Examination

    1. U.S. Department of Transportation, Docket Ops-M30, 1200 New
Jersey Avenue SE., West Bldg., Ground Floor, Washington, DC, 20590-
0001.
    2. The FAA Air Traffic Organization Service Area in which the
affected airport is located;
    3. The office of Aeronautical Navigation Products, 6500 South
MacArthur Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free
of charge. Visit the National Flight Data Center at nfdc.faa.gov to
register. Additionally, individual SIAP and Takeoff Minimums and ODP
copies may be obtained from the FAA Air Traffic Organization Service
Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT: Richard A. Dunham III, Flight
Procedure Standards Branch (AFS-420), Flight Technologies and Programs
Divisions, Flight Standards Service, Federal Aviation Administration,
Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma
City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125)
Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14 of the Code of
Federal Regulations, Part 97 (14 CFR part 97), by establishing,
amending, suspending, or removes SIAPS, Takeoff Minimums and/or ODPS.
The complete regulatory description of each SIAP and its associated
Takeoff Minimums or ODP for an identified airport is listed on FAA form
documents which are incorporated by reference in this amendment under 5
U.S.C. 552(a), 1 CFR part 51, and 14 CFR part Sec.  97.20. The
applicable FAA forms are FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A,
and 8260-15B when required by an entry on 8260-15A.
    The large number of SIAPs, Takeoff Minimums and ODPs, their complex
nature, and the need for a special format make publication in the
Federal Register expensive and impractical. Further, airmen do not use
the regulatory text of the SIAPs, Takeoff Minimums or ODPs, but instead
refer to their graphic depiction on charts printed by publishers of
aeronautical materials. Thus, the advantages of incorporation by
reference are realized and publication of the complete description of
each SIAP, Takeoff Minimums and ODP listed on FAA form documents is
unnecessary. This amendment provides the affected CFR sections and
specifies the types of SIAPs, Takeoff Minimums and ODPs with their
applicable effective dates. This amendment also identifies the airport
and its location, the procedure, and the amendment number.

Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as
listed in the ADDRESSES section.
    The material incorporated by reference describes SIAPS, Takeoff
Minimums and/or ODPS as identified in the amendatory language for part
97 of this final rule.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP, Takeoff Minimums and ODP as Amended in the
transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments
may have been issued previously by the FAA in a Flight Data Center
(FDC) Notice to Airmen (NOTAM) as an emergency action of immediate
flight safety relating directly to published aeronautical charts.
    The circumstances that created the need for some SIAP and Takeoff
Minimums and ODP amendments may require making them effective in less
than 30 days. For the remaining SIAPs and Takeoff Minimums and ODPs, an
effective date at least 30 days after publication is provided.
    Further, the SIAPs and Takeoff Minimums and ODPs contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these SIAPs and
Takeoff Minimums and ODPs, the TERPS criteria were applied to the
conditions existing or anticipated at the affected airports. Because of
the close and immediate relationship between these SIAPs, Takeoff
Minimums and ODPs, and safety in air commerce, I find that notice and
public procedure under 5 U.S.C. 553(b) are impracticable and contrary
to the public interest and, where applicable, under 5 U.S.C. 553(d),
good cause exists for making some SIAPs effective in less than 30 days.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26,1979) ;
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference,
Navigation (air).

    Issued in Washington, DC, on January 15, 2016.
John S. Duncan,
Director, Flight Standards Service.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,
Code of Federal Regulations, Part 97 (14 CFR part 97) is amended by
establishing, amending, suspending, or removing Standard Instrument
Approach Procedures and/or Takeoff Minimums and Obstacle Departure
Procedures effective at 0901 UTC on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40103, 40106, 40113,
40114, 40120, 44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

Effective 3 MARCH 2016

Los Angeles, CA, Los Angeles Intl, RNAV (GPS) Y RWY 24L, Amdt 3A
Greenville, MS, Greenville Mid-Delta, VOR/DME RWY 18L, Amdt 13A,
CANCELED
Imperial, NE., Imperial Muni, Takeoff Minimums and Obstacle DP, Amdt
2A
Berlin, NJ, Camden County, RNAV (GPS) RWY 23, Orig-B
Rochester, NY, Greater Rochester Intl, VOR/DME RWY 4, Amdt 4A,
CANCELED
Alliance, OH, Miller, VOR OR GPS-A, Amdt 8C, CANCELED
Aiken, SC, Aiken Muni, VOR/DME-A, Amdt 1A, CANCELED
Eastsound, WA, Orcas Island, RNAV (GPS) RWY 34, Orig

Effective 31 MARCH 2016

Emmonak, AK, Emmonak, VOR RWY 34, Amdt 1A, CANCELED
Kotzebue, AK, Ralph Wien Memorial, VOR RWY 9, Orig-A, CANCELED

Kotzebue, AK, Ralph Wien Memorial, VOR RWY 27, Orig, CANCELED
Sand Point, AK, Sand Point, NDB/DME RWY 13, Orig, CANCELED
Shishmaref, AK, Shishmaref, NDB RWY 23, Amdt 1A, CANCELED
Yakutat, AK, Yakutat, LOC/DME BC RWY 29, Amdt 8
Yakutat, AK, Yakutat, VOR/DME RWY 29, Amdt 5
Auburn, AL, Auburn University Rgnl, VOR RWY 29, Amdt 11A, CANCELED
Fayetteville, AR, Drake Field, VOR-A, Amdt 25, CANCELED
Helena/West Helena, AR, Thompson-Robbins, VOR RWY 17, Orig, CANCELED
Pine Bluff, AR, Grider Field, VOR RWY 18, Amdt 20A, CANCELED
Sacramento, CA, Sacramento Mather, VOR/DME RWY 22L, Orig-F, CANCELED
Daytona Beach, FL, Daytona Beach Intl, RADAR-1, Amdt 8D, CANCELED
Jacksonville, FL, Cecil, RNAV (GPS) RWY 18R, Orig-A, CANCELED
Jacksonville, FL, Cecil, RNAV (GPS) RWY 36L, Orig-B, CANCELED
New Smyrna Beach, FL, New Smyrna Beach Muni, RADAR-1, Amdt 3B,
CANCELED
Decatur, IL, Decatur, RNAV (GPS) RWY 18, Amdt 1
Decatur, IL, Decatur, RNAV (GPS) RWY 24, Amdt 1
Decatur, IL, Decatur, RNAV (GPS) RWY 36, Amdt 1
Phillipsburg, KS, Phillipsburg Muni, RNAV (GPS) RWY 13, Amdt 2
Phillipsburg, KS, Phillipsburg Muni, RNAV (GPS) RWY 31, Amdt 2
Phillipsburg, KS, Phillipsburg Muni, Takeoff Minimums and Obstacle
DP, Amdt 1
Frankfort, KY, Capital City, VOR RWY 25, Amdt 3B
Mansfield, MA, Mansfield Muni, NDB RWY 32, Amdt 7, CANCELED
International Falls, MN, Falls Intl-Einarson Field, NDB RWY 31, Amdt
9A, CANCELED
International Falls, MN, Falls Intl-Einarson Field, VOR/DME RWY 31,
Amdt 5A, CANCELED
Bloomsburg, PA, Bloomsburg Muni, RNAV (GPS)-B, Amdt 1
    Bloomsburg, PA, Bloomsburg Muni, VOR-A, Amdt 1
Connellsville, PA, Joseph A Hardy Connellsville, RNAV (GPS) RWY 14,
Orig, CANCELED
Lawrenceburg, TN, Lawrenceburg-Lawrence County, NDB RWY 17, Amdt 4,
CANCELED
Lamesa, TX, Lamesa Muni, RNAV (GPS) RWY 34, Amdt 1
St George, UT, St George Rgnl, JITKA TWO, Graphic DP
Wendover, UT, Wendover, Takeoff Minimums and Obstacle DP, Amdt 7
Wendover, UT, Wendover, VOR/DME-B, Amdt 2
Wendover, UT, Wendover, VOR/DME OR TACAN RWY 26, Amdt 2
Spokane, WA, Spokane Intl, RNAV (GPS) Y RWY 7, Amdt 2A

[FR Doc. 2016-03354 Filed 2-18-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 95 (Wednesday, May 19, 2021)]
[Rules and Regulations]
[Page 27034]
[FR Doc No: 2021-10534]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2021-0259]

Safety Zone; FKCC Swim Around Key West, Key West, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the safety zone for the FKCC Swim
Around Key West, Key West, Florida from 9 a.m. until 5 p.m. on June 12,
2021. Our regulation for recurring safety zones within the Captain of
the Port Key West Zone identifies the regulated area for this event.
This action is necessary to ensure the safety of event participants and
spectators. During the enforcement period, no person or vessel may
enter, transit through, anchor in, or remain within the regulated area
without approval from the Captain of the Port Key West or a designated
representative.

DATES: The regulations in 33 CFR 165.786, Table to Sec.  165.786, Item
6.1, will be enforced from 9 a.m. until 5 p.m. on June 12, 2021.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call or email Gregory Bergstrom, Sector Key West Waterways Management
Department, Coast Guard; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone
in 33 CFR 165.786, for the Annual Swim Around Key West regulated area
from 9 a.m. to 5 p.m. on June 12, 2021. This action is being taken to
provide for the safety of life on navigable waterways during this
event. Our regulation for recurring marine events within Sector Key
West, Table to Sec.  165.786, Item 6.1, specifies the location of the
regulated area. During the enforcement period, no person or vessel may
enter, transit through, anchor in, or remain within the established
regulated areas without approval from the Captain of the Port Key West
or designated representative. The Coast Guard may be assisted by other
Federal, State, or local law enforcement agencies in enforcing this
regulation.
    The Coast Guard will provide notice of the regulated area by Local
Notice to Mariners and Broadcast Notice to Mariners. If the Captain of
the Port Key West determines that the regulated area need not be
enforced for the full duration stated in this publication, he or she
may use a Broadcast Notice to Mariners to grant general permission to
enter the regulated area.

    Dated: May 13, 2021.
Adam Chamie,
Captain, U.S. Coast Guard, Captain of the Port Key West.
[FR Doc. 2021-10534 Filed 5-18-21; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 76, Number 51 (Wednesday, March 16, 2011)]
[Notices]
[Page 14387]
[FR Doc No: 2011-6051]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 [Docket No. CP11-118-000]

Texas Eastern Transmission, LP; Notice of Request Under Blanket
Authorization

    Take notice that on March 2, 2011, Texas Eastern Transmission, LP
(Texas Eastern), Post Office Box 1642, Houston, Texas 77251-1642, filed
in Docket No. CP11-118-000, an application pursuant to Sections 157.205
and 157.216 of the Commission's Regulations under the Natural Gas Act
(NGA) as amended, to abandon in place an inactive pipeline segment in
West Cameron Blocks 566, 565, and 548, offshore Louisiana, under Texas
Eastern's blanket certificate issued in Docket No. CP82-535-000 \1\,
all as more fully set forth in the application which is on file with
the Commission and open to the public for inspection.
---------------------------------------------------------------------------

    \1\ 21 FERC ] 62,199 (1982).
---------------------------------------------------------------------------

    Texas Eastern proposes to abandon in place approximately 4.5 miles
of 20-inch diameter pipeline (Segment) on its Line 41-A-6 in West
Cameron Blocks 566, 565, and 548, offshore Louisiana. The Segment is
inactive and no longer contributes to the natural gas volumes moved
through Line 41-A-6. Texas Eastern states that its abandonment of the
Segment would not result in the termination of any services to any of
its customers and that no firm transportation agreements are tied to
the Segment. Texas Eastern also states that it would cost approximately
$19,930,000 to replicate the facilities today.
    Any questions concerning this application may be directed to Berk
Donaldson, Director, Rates & Certificates, Texas Eastern Transmission,
LP, P.O. Box 1642, Houston, Texas 77251-1642, via telephone at (713)
627-4488, facsimile<PHONE_NUMBER>, or e-mail:
<EMAIL_ADDRESS>    This filing is available for review at the Commission or may be
viewed on the Commission's Web site at http://www.ferc.gov, using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number filed to access the document. For
assistance, please contact FERC Online Support at FERC
<EMAIL_ADDRESS>or call toll-free at<PHONE_NUMBER>, or, for
TTY, contact<PHONE_NUMBER>. Comments, protests and interventions may
be filed electronically via the Internet in lieu of paper. See, 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
intervenors to file electronically.
    Any person or the Commission's staff may, within 60 days after
issuance of the instant notice by the Commission, file pursuant to Rule
214 of the Commission's Procedural Rules (18 CFR 385.214) a motion to
intervene or notice of intervention and pursuant to Section 157.205 of
the regulations under the NGA (18 CFR 157.205), a protest to the
request. If no protest is filed within the time allowed therefore, the
proposed activity shall be deemed to be authorized effective the day
after the time allowed for filing a protest. If a protest is filed and
not withdrawn within 30 days after the allowed time for filing a
protest, the instant request shall be treated as an application for
authorization pursuant to Section 7 of the NGA.

    Dated: March 9, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-6051 Filed 3-15-11; 8:45 am]
BILLING CODE 6717-01-P


include all waters that connect segments of a water identified in
paragraphs (1)(i) through (v) or are located at the head of a water
identified in paragraphs (1)(i) through (v) of this definition and are
bordering, contiguous, or neighboring such water. Waters being used for
established normal farming, ranching, and silviculture activities (33
U.S.C. 1344(f)) are not adjacent.
    (ii) Neighboring. The term neighboring means:
    (A) All waters located within 100 feet of the ordinary high water
mark of a water identified in paragraphs (1)(i) through (v) of this
definition. The entire water is neighboring if a portion is located
within 100 feet of the ordinary high water mark;
    (B) All waters located within the 100-year floodplain of a water
identified in paragraphs (1)(i) through (v) of this definition and not
more than 1,500 feet from the ordinary high water mark of such water.
The entire water is neighboring if a portion is located within 1,500
feet of the ordinary high water mark and within the 100-year
floodplain;
    (C) All waters located within 1,500 feet of the high tide line of a
water identified in paragraphs (1)(i) or (1)(iii) of this definition,
and all waters within 1,500 feet of the ordinary high water mark of the
Great Lakes. The entire water is neighboring if a portion is located
within 1,500 feet of the high tide line or within 1,500 feet of the
ordinary high water mark of the Great Lakes.
    (iii) Tributary and tributaries. The terms tributary and
tributaries each mean a water that contributes flow, either directly or
through another water (including an impoundment identified in paragraph
(1)(iv) of this definition), to a water identified in paragraphs (1)(i)
through (iii) of this definition that is

characterized by the presence of the physical indicators of a bed and
banks and an ordinary high water mark. These physical indicators
demonstrate there is volume, frequency, and duration of flow sufficient
to create a bed and banks and an ordinary high water mark, and thus to
qualify as a tributary. A tributary can be a natural, man-altered, or
man-made water and includes waters such as rivers, streams, canals, and
ditches not excluded under paragraph (2) of this definition. A water
that otherwise qualifies as a tributary under this definition does not
lose its status as a tributary if, for any length, there are one or
more constructed breaks (such as bridges, culverts, pipes, or dams), or
one or more natural breaks (such as wetlands along the run of a stream,
debris piles, boulder fields, or a stream that flows underground) so
long as a bed and banks and an ordinary high water mark can be
identified upstream of the break. A water that otherwise qualifies as a
tributary under this definition does not lose its status as a tributary
if it contributes flow through a water of the United States that does
not meet the definition of tributary or through a non-jurisdictional
water to a water identified in paragraphs (1)(i) through (iii) of this
definition.
    (iv) Wetlands. The term wetlands means those areas that are
inundated or saturated by surface or groundwater at a frequency and
duration sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in
saturated soil conditions. Wetlands generally include swamps, marshes,
bogs, and similar areas.
    (v) Significant nexus. The term significant nexus means that a
water, including wetlands, either alone or in combination with other
similarly situated waters in the region, significantly affects the
chemical, physical, or biological integrity of a water identified in
paragraphs (1)(i) through (iii) of this definition. The term ``in the
region'' means the watershed that drains to the nearest water
identified in paragraphs (1)(i) through (iii) of this definition. For
an effect to be significant, it must be more than speculative or
insubstantial. Waters are similarly situated when they function alike
and are sufficiently close to function together in affecting downstream
waters. For purposes of determining whether or not a water has a
significant nexus, the water's effect on downstream (1)(i) through
(iii) waters shall be assessed by evaluating the aquatic functions
identified in paragraphs (3)(v)(A) through (I) of this definition. A
water has a significant nexus when any single function or combination
of functions performed by the water, alone or together with similarly
situated waters in the region, contributes significantly to the
chemical, physical, or biological integrity of the nearest water
identified in paragraphs (1)(i) through (iii) of this definition.
Functions relevant to the significant nexus evaluation are the
following:
    (A) Sediment trapping,
    (B) Nutrient recycling,
    (C) Pollutant trapping, transformation, filtering, and transport,
    (D) Retention and attenuation of flood waters,
    (E) Runoff storage,
    (F) Contribution of flow,
    (G) Export of organic matter,
    (H) Export of food resources, and
    (I) Provision of life cycle dependent aquatic habitat (such as
foraging, feeding, nesting, breeding, spawning, or use as a nursery
area) for species located in a water identified in paragraphs (1)(i)
through (iii) of this definition.
    (vi) Ordinary high water mark. The term ordinary high water mark
means that line on the shore established by the fluctuations of water
and indicated by physical characteristics such as a clear, natural line
impressed on the bank, shelving, changes in the character of soil,
destruction of terrestrial vegetation, the presence of litter and
debris, or other appropriate means that consider the characteristics of
the surrounding areas.
    (vii) High tide line. The term high tide line means the line of
intersection of the land with the water's surface at the maximum height
reached by a rising tide. The high tide line may be determined, in the
absence of actual data, by a line of oil or scum along shore objects, a
more or less continuous deposit of fine shell or debris on the
foreshore or berm, other physical markings or characteristics,
vegetation lines, tidal gages, or other suitable means that delineate
the general height reached by a rising tide. The line encompasses
spring high tides and other high tides that occur with periodic
frequency but does not include storm surges in which there is a
departure from the normal or predicted reach of the tide due to the
piling up of water against a coast by strong winds such as those
accompanying a hurricane or other intense storm.
* * * * *

0
19. In appendix E to part 300, section 1.5 Definitions is amended by
revising the definition of ``navigable waters'' to read as follows:

Appendix E to Part 300--Oil Spill Response

* * * * *

1.5 Definitions. * * *

    Navigable waters means the waters of the United States, including
the territorial seas.
    (1) For purposes of the Clean Water Act, 33 U.S.C. 1251 et seq. and
its implementing regulations, subject to the exclusions in paragraph
(2) of this definition, the term ``waters of the United States'' means:
    (i) All waters which are currently used, were used in the past, or
may be susceptible to use in interstate or foreign commerce, including
all waters which are subject to the ebb and flow of the tide;
    (ii) All interstate waters, including interstate wetlands;
    (iii) The territorial seas;
    (iv) All impoundments of waters otherwise identified as waters of
the United States under this section;
    (v) All tributaries, as defined in paragraph (3)(iii) of this
definition, of waters identified in paragraphs (1)(i) through (iii) of
this definition;
    (vi) All waters adjacent to a water identified in paragraphs (1)(i)
through (v) of this definition, including wetlands, ponds, lakes,
oxbows, impoundments, and similar waters;
    (vii) All waters in paragraphs (1)(vii)(A) through (E) of this
definition where they are determined, on a case-specific basis, to have
a significant nexus to a water identified in paragraphs (1)(i) through
(iii) of this definition. The waters identified in each of paragraphs
(1)(vii)(A) through (E) of this definition are similarly situated and
shall be combined, for purposes of a significant nexus analysis, in the
watershed that drains to the nearest water identified in paragraphs
(1)(i) through (iii) of this definition. Waters identified in this
paragraph shall not be combined with waters identified in paragraph
(1)(vi) of this definition when performing a significant nexus
analysis. If waters identified in this paragraph are also an adjacent
water under paragraph (1)(vi), they are an adjacent water and no case-
specific significant nexus analysis is required.
    (A) Prairie potholes. Prairie potholes are a complex of glacially
formed wetlands, usually occurring in depressions that lack permanent
natural outlets, located in the upper Midwest.
    (B) Carolina bays and Delmarva bays. Carolina bays and Delmarva
bays are ponded, depressional wetlands that occur along the Atlantic
coastal plain.
    (C) Pocosins. Pocosins are evergreen shrub and tree dominated
wetlands

found predominantly along the Central Atlantic coastal plain.
    (D) Western vernal pools. Western vernal pools are seasonal
wetlands located in parts of California and associated with topographic
depression, soils with poor drainage, mild, wet winters and hot, dry
summers.
    (E) Texas coastal prairie wetlands. Texas coastal prairie wetlands
are freshwater wetlands that occur as a mosaic of depressions, ridges,
intermound flats, and mima mound wetlands located along the Texas Gulf
Coast.
    (viii) All waters located within the 100-year floodplain of a water
identified in paragraphs (1)(i) through (iii) of this definition and
all waters located within 4,000 feet of the high tide line or ordinary
high water mark of a water identified in paragraphs (1)(i) through (v)
of this definition where they are determined on a case-specific basis
to have a significant nexus to a water identified in paragraphs (1)(i)
through (iii) of this definition. For waters determined to have a
significant nexus, the entire water is a water of the United States if
a portion is located within the 100-year floodplain of a water
identified in paragraphs (1)(i) through (iii) of this definition or
within 4,000 feet of the high tide line or ordinary high water mark.
Waters identified in this paragraph shall not be combined with waters
identified in paragraph (1)(vi) of this definition when performing a
significant nexus analysis. If waters identified in this paragraph are
also an adjacent water under paragraph (1)(vi), they are an adjacent
water and no case-specific significant nexus analysis is required.
    (2) The following are not ``waters of the United States'' even
where they otherwise meet the terms of paragraphs (1)(iv) through
(viii) of this definition.
    (i) Waste treatment systems (other than cooling ponds meeting the
criteria of this paragraph) are not waters of the United States.
    (ii) Prior converted cropland. Notwithstanding the determination of
an area's status as prior converted cropland by any other Federal
agency, for the purposes of the Clean Water Act, the final authority
regarding Clean Water Act jurisdiction remains with EPA.
    (iii) The following ditches:
    (A) Ditches with ephemeral flow that are not a relocated tributary
or excavated in a tributary.
    (B) Ditches with intermittent flow that are not a relocated
tributary, excavated in a tributary, or drain wetlands.
    (C) Ditches that do not flow, either directly or through another
water, into a water identified in paragraphs (1)(i) through (iii) of
this definition.
    (iv) The following features:
    (A) Artificially irrigated areas that would revert to dry land
should application of water to that area cease;
    (B) Artificial, constructed lakes and ponds created in dry land
such as farm and stock watering ponds, irrigation ponds, settling
basins, fields flooded for rice growing, log cleaning ponds, or cooling
ponds;
    (C) Artificial reflecting pools or swimming pools created in dry
land;
    (D) Small ornamental waters created in dry land;
    (E) Water-filled depressions created in dry land incidental to
mining or construction activity, including pits excavated for obtaining
fill, sand, or gravel that fill with water;
    (F) Erosional features, including gullies, rills, and other
ephemeral features that do not meet the definition of tributary, non-
wetland swales, and lawfully constructed grassed waterways; and
    (G) Puddles.
    (v) Groundwater, including groundwater drained through subsurface
drainage systems.
    (vi) Stormwater control features constructed to convey, treat, or
store stormwater that are created in dry land.
    (vii) Wastewater recycling structures constructed in dry land;
detention and retention basins built for wastewater recycling;
groundwater recharge basins; percolation ponds built for wastewater
recycling; and water distributary structures built for wastewater
recycling.
    (3) In this definition, the following terms apply:
    (i) Adjacent. The term adjacent means bordering, contiguous, or
neighboring a water identified in paragraphs (1)(i) through (v) of this
definition, including waters separated by constructed dikes or
barriers, natural river berms, beach dunes, and the like. For purposes
of adjacency, an open water such as a pond or lake includes any
wetlands within or abutting its ordinary high water mark. Adjacency is
not limited to waters located laterally to a water identified in
paragraphs (1)(i) through (v) of this definition. Adjacent waters also
include all waters that connect segments of a water identified in
paragraphs (1)(i) through (v) or are located at the head of a water
identified in paragraphs (1)(i) through (v) of this definition and are
bordering, contiguous, or neighboring such water. Waters being used for
established normal farming, ranching, and silviculture activities (33
U.S.C. 1344(f)) are not adjacent.
    (ii) Neighboring. The term neighboring means:
    (A) All waters located within 100 feet of the ordinary high water
mark of a water identified in paragraphs (1)(i) through (v) of this
definition. The entire water is neighboring if a portion is located
within 100 feet of the ordinary high water mark;
    (B) All waters located within the 100-year floodplain of a water
identified in paragraphs (1)(i) through (v) of this definition and not
more than 1,500 feet from the ordinary high water mark of such water.
The entire water is neighboring if a portion is located within 1,500
feet of the ordinary high water mark and within the 100-year
floodplain;
    (C) All waters located within 1,500 feet of the high tide line of a
water identified in paragraphs (1)(i) or (1)(iii) of this definition,
and all waters within 1,500 feet of the ordinary high water mark of the
Great Lakes. The entire water is neighboring if a portion is located
within 1,500 feet of the high tide line or within 1,500 feet of the
ordinary high water mark of the Great Lakes.
    (iii) Tributary and tributaries. The terms tributary and
tributaries each mean a water that contributes flow, either directly or
through another water (including an impoundment identified in paragraph
(1)(iv) of this definition), to a water identified in paragraphs (1)(i)
through (iii) of this definition that is characterized by the presence
of the physical indicators of a bed and banks and an ordinary high
water mark. These physical indicators demonstrate there is volume,
frequency, and duration of flow sufficient to create a bed and banks
and an ordinary high water mark, and thus to qualify as a tributary. A
tributary can be a natural, man-altered, or man-made water and includes
waters such as rivers, streams, canals, and ditches not excluded under
paragraph (2) of this definition. A water that otherwise qualifies as a
tributary under this definition does not lose its status as a tributary
if, for any length, there are one or more constructed breaks (such as
bridges, culverts, pipes, or dams), or one or more natural breaks (such
as wetlands along the run of a stream, debris piles, boulder fields, or
a stream that flows underground) so long as a bed and banks and an
ordinary high water mark can be identified upstream of the break. A
water that otherwise qualifies as a tributary under this definition
does not lose its status as a tributary if it contributes flow through
a water of the United States that does not meet the definition of
tributary or through a non-jurisdictional water to a water identified

in paragraphs (1)(i) through (iii) of this definition.
    (iv) Wetlands. The term wetlands means those areas that are
inundated or saturated by surface or groundwater at a frequency and
duration sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in
saturated soil conditions. Wetlands generally include swamps, marshes,
bogs, and similar areas.
    (v) Significant nexus. The term significant nexus means that a
water, including wetlands, either alone or in combination with other
similarly situated waters in the region, significantly affects the
chemical, physical, or biological integrity of a water identified in
paragraphs (1)(i) through (iii) of this definition. The term ``in the
region'' means the watershed that drains to the nearest water
identified in paragraphs (1)(i) through (iii) of this definition. For
an effect to be significant, it must be more than speculative or
insubstantial. Waters are similarly situated when they function alike
and are sufficiently close to function together in affecting downstream
waters. For purposes of determining whether or not a water has a
significant nexus, the water's effect on downstream (1)(i) through
(iii) waters shall be assessed by evaluating the aquatic functions
identified in paragraphs (3)(v)(A) through (I) of this definition. A
water has a significant nexus when any single function or combination
of functions performed by the water, alone or together with similarly
situated waters in the region, contributes significantly to the
chemical, physical, or biological integrity of the nearest water
identified in paragraphs (1)(i) through (iii) of this definition.
Functions relevant to the significant nexus evaluation are the
following:
    (A) Sediment trapping,
    (B) Nutrient recycling,
    (C) Pollutant trapping, transformation, filtering, and transport,
    (D) Retention and attenuation of flood waters,
    (E) Runoff storage,
    (F) Contribution of flow,
    (G) Export of organic matter,
    (H) Export of food resources, and
    (I) Provision of life cycle dependent aquatic habitat (such as
foraging, feeding, nesting, breeding, spawning, or use as a nursery
area) for species located in a water identified in paragraphs (1)(i)
through (iii) of this section.
    (vi) Ordinary high water mark. The term ordinary high water mark
means that line on the shore established by the fluctuations of water
and indicated by physical characteristics such as a clear, natural line
impressed on the bank, shelving, changes in the character of soil,
destruction of terrestrial vegetation, the presence of litter and
debris, or other appropriate means that consider the characteristics of
the surrounding areas.
    (vii) High tide line. The term high tide line means the line of
intersection of the land with the water's surface at the maximum height
reached by a rising tide. The high tide line may be determined, in the
absence of actual data, by a line of oil or scum along shore objects, a
more or less continuous deposit of fine shell or debris on the
foreshore or berm, other physical markings or characteristics,
vegetation lines, tidal gages, or other suitable means that delineate
the general height reached by a rising tide. The line encompasses
spring high tides and other high tides that occur with periodic
frequency but does not include storm surges in which there is a
departure from the normal or predicted reach of the tide due to the
piling up of water against a coast by strong winds such as those
accompanying a hurricane or other intense storm.
* * * * *

PART 302--DESIGNATION, REPORTABLE QUANTITIES, AND NOTIFICATION

0
20. The authority citation for part 302 is revised to read as follows:

    Authority: 33 U.S.C. 1251 et seq.

0
21. Section 302.3 is amended by revising the definition of ``Navigable
waters'' to read as follows:

Sec.  302.3  Definitions.

* * * * *
    Navigable waters means the waters of the United States, including
the territorial seas.
    (1) For purposes of the Clean Water Act, 33 U.S.C. 1251 et seq. and
its implementing regulations, subject to the exclusions in paragraph
(2) of this definition, the term ``waters of the United States'' means:
    (i) All waters which are currently used, were used in the past, or
may be susceptible to use in interstate or foreign commerce, including
all waters which are subject to the ebb and flow of the tide;
    (ii) All interstate waters, including interstate wetlands;
    (iii) The territorial seas;
    (iv) All impoundments of waters otherwise identified as waters of
the United States under this section;
    (v) All tributaries, as defined in paragraph (3)(iii) of this
definition, of waters identified in paragraphs (1)(i) through (iii) of
this definition;
    (vi) All waters adjacent to a water identified in paragraphs (1)(i)
through (v) of this definition, including wetlands, ponds, lakes,
oxbows, impoundments, and similar waters;
    (vii) All waters in paragraphs (1)(vii)(A) through (E) of this
definition where they are determined, on a case-specific basis, to have
a significant nexus to a water identified in paragraphs (1)(i) through
(iii) of this definition. The waters identified in each of paragraphs
(1)(vii)(A) through (E) of this definition are similarly situated and
shall be combined, for purposes of a significant nexus analysis, in the
watershed that drains to the nearest water identified in paragraphs
(1)(i) through (iii) of this definition. Waters identified in this
paragraph shall not be combined with waters identified in paragraph
(1)(vi) of this definition when performing a significant nexus
analysis. If waters identified in this paragraph are also an adjacent
water under paragraph (1)(vi), they are an adjacent water and no case-
specific significant nexus analysis is required.
    (A) Prairie potholes. Prairie potholes are a complex of glacially
formed wetlands, usually occurring in depressions that lack permanent
natural outlets, located in the upper Midwest.
    (B) Carolina bays and Delmarva bays. Carolina bays and Delmarva
bays are ponded, depressional wetlands that occur along the Atlantic
coastal plain.
    (C) Pocosins. Pocosins are evergreen shrub and tree dominated
wetlands found predominantly along the Central Atlantic coastal plain.
    (D) Western vernal pools. Western vernal pools are seasonal
wetlands located in parts of California and associated with topographic
depression, soils with poor drainage, mild, wet winters and hot, dry
summers.
    (E) Texas coastal prairie wetlands. Texas coastal prairie wetlands
are freshwater wetlands that occur as a mosaic of depressions, ridges,
intermound flats, and mima mound wetlands located along the Texas Gulf
Coast.
    (viii) All waters located within the 100-year floodplain of a water
identified in paragraphs (1)(i) through (iii) of this definition and
all waters located within 4,000 feet of the high tide line or ordinary
high water mark of a water identified in paragraphs (1)(i) through (v)
of this definition where they are determined on a case-specific basis
to have a significant nexus to a water identified in paragraphs (1)(i)
through (iii) of this definition. For waters determined to have a
significant nexus,

the entire water is a water of the United States if a portion is
located within the 100-year floodplain of a water identified in
paragraphs (1)(i) through (iii) of this definition or within 4,000 feet
of the high tide line or ordinary high water mark. Waters identified in
this paragraph shall not be combined with waters identified in
paragraph (1)(vi) of this definition when performing a significant
nexus analysis. If waters identified in this paragraph are also an
adjacent water under paragraph (1)(vi), they are an adjacent water and
no case-specific significant nexus analysis is required.
    (2) The following are not ``waters of the United States'' even
where they otherwise meet the terms of paragraphs (1)(iv) through
(viii) of this definition.
    (i) The following ditches:
    (A) Ditches with ephemeral flow that are not a relocated tributary
or excavated in a tributary.
    (B) Ditches with intermittent flow that are not a relocated
tributary, excavated in a tributary, or drain wetlands.
    (C) Ditches that do not flow, either directly or through another
water, into a water identified in paragraphs (1)(i) through (iii) of
this definition.
    (ii) The following features:
    (A) Artificially irrigated areas that would revert to dry land
should application of water to that area cease;
    (B) Artificial, constructed lakes and ponds created in dry land
such as farm and stock watering ponds, irrigation ponds, settling
basins, fields flooded for rice growing, log cleaning ponds, or cooling
ponds;
    (C) Artificial reflecting pools or swimming pools created in dry
land;
    (D) Small ornamental waters created in dry land;
    (E) Water-filled depressions created in dry land incidental to
mining or construction activity, including pits excavated for obtaining
fill, sand, or gravel that fill with water;
    (F) Erosional features, including gullies, rills, and other
ephemeral features that do not meet the definition of tributary, non-
wetland swales, and lawfully constructed grassed waterways; and
    (G) Puddles.
    (iii) Groundwater, including groundwater drained through subsurface
drainage systems.
    (iv) Stormwater control features constructed to convey, treat, or
store stormwater that are created in dry land.
    (v) Wastewater recycling structures constructed in dry land;
detention and retention basins built for wastewater recycling;
groundwater recharge basins; percolation ponds built for wastewater
recycling; and water distributary structures built for wastewater
recycling.
    (3) In this definition, the following terms apply:
    (i) Adjacent. The term adjacent means bordering, contiguous, or
neighboring a water identified in paragraphs (1)(i) through (v) of this
definition, including waters separated by constructed dikes or
barriers, natural river berms, beach dunes, and the like. For purposes
of adjacency, an open water such as a pond or lake includes any
wetlands within or abutting its ordinary high water mark. Adjacency is
not limited to waters located laterally to a water identified in
paragraphs (1)(i) through (v) of this definition. Adjacent waters also
include all waters that connect segments of a water identified in
paragraphs (1)(i) through (v) or are located at the head of a water
identified in paragraphs (1)(i) through (v) of this definition and are
bordering, contiguous, or neighboring such water. Waters being used for
established normal farming, ranching, and silviculture activities (33
U.S.C. 1344(f)) are not adjacent.
    (ii) Neighboring. The term neighboring means:
    (A) All waters located within 100 feet of the ordinary high water
mark of a water identified in paragraphs (1)(i) through (v) of this
definition. The entire water is neighboring if a portion is located
within 100 feet of the ordinary high water mark;
    (B) All waters located within the 100-year floodplain of a water
identified in paragraphs (1)(i) through (v) of this definition and not
more than 1,500 feet from the ordinary high water mark of such water.
The entire water is neighboring if a portion is located within 1,500
feet of the ordinary high water mark and within the 100-year
floodplain;
    (C) All waters located within 1,500 feet of the high tide line of a
water identified in paragraphs (1)(i) or (iii) of this definition, and
all waters within 1,500 feet of the ordinary high water mark of the
Great Lakes. The entire water is neighboring if a portion is located
within 1,500 feet of the high tide line or within 1,500 feet of the
ordinary high water mark of the Great Lakes.
    (iii) Tributary and tributaries. The terms tributary and
tributaries each mean a water that contributes flow, either directly or
through another water (including an impoundment identified in paragraph
(1)(iv) of this definition), to a water identified in paragraphs (1)(i)
through (iii) of this definition that is characterized by the presence
of the physical indicators of a bed and banks and an ordinary high
water mark. These physical indicators demonstrate there is volume,
frequency, and duration of flow sufficient to create a bed and banks
and an ordinary high water mark, and thus to qualify as a tributary. A
tributary can be a natural, man-altered, or man-made water and includes
waters such as rivers, streams, canals, and ditches not excluded under
paragraph (2) of this definition. A water that otherwise qualifies as a
tributary under this definition does not lose its status as a tributary
if, for any length, there are one or more constructed breaks (such as
bridges, culverts, pipes, or dams), or one or more natural breaks (such
as wetlands along the run of a stream, debris piles, boulder fields, or
a stream that flows underground) so long as a bed and banks and an
ordinary high water mark can be identified upstream of the break. A
water that otherwise qualifies as a tributary under this definition
does not lose its status as a tributary if it contributes flow through
a water of the United States that does not meet the definition of
tributary or through a non-jurisdictional water to a water identified
in paragraphs (1)(i) through (iii) of this definition.
    (iv) Wetlands. The term wetlands means those areas that are
inundated or saturated by surface or groundwater at a frequency and
duration sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in
saturated soil conditions. Wetlands generally include swamps, marshes,
bogs, and similar areas.
    (v) Significant nexus. The term significant nexus means that a
water, including wetlands, either alone or in combination with other
similarly situated waters in the region, significantly affects the
chemical, physical, or biological integrity of a water identified in
paragraphs (1)(i) through (iii) of this definition. The term ``in the
region'' means the watershed that drains to the nearest water
identified in paragraphs (1)(i) through (iii) of this definition. For
an effect to be significant, it must be more than speculative or
insubstantial. Waters are similarly situated when they function alike
and are sufficiently close to function together in affecting downstream
waters. For purposes of determining whether or not a water has a
significant nexus, the water's effect on downstream (1)(i) through
(iii) waters shall be assessed by evaluating the aquatic functions
identified in paragraphs (3)(v)(A) through (I) of this definition. A
water has a significant nexus when any single function or combination
of functions performed by the water, alone or together with

similarly situated waters in the region, contributes significantly to
the chemical, physical, or biological integrity of the nearest water
identified in paragraphs (1)(i) through (iii) of this definition.
Functions relevant to the significant nexus evaluation are the
following:
    (A) Sediment trapping,
    (B) Nutrient recycling,
    (C) Pollutant trapping, transformation, filtering, and transport,
    (D) Retention and attenuation of flood waters,
    (E) Runoff storage,
    (F) Contribution of flow,
    (G) Export of organic matter,
    (H) Export of food resources, and
    (I) Provision of life cycle dependent aquatic habitat (such as
foraging, feeding, nesting, breeding, spawning, or use as a nursery
area) for species located in a water identified in paragraphs (1)(i)
through (iii) of this section.
    (vi) Ordinary high water mark. The term ordinary high water mark
means that line on the shore established by the fluctuations of water
and indicated by physical characteristics such as a clear, natural line
impressed on the bank, shelving, changes in the character of soil,
destruction of terrestrial vegetation, the presence of litter and
debris, or other appropriate means that consider the characteristics of
the surrounding areas.
    (vii) High tide line. The term high tide line means the line of
intersection of the land with the water's surface at the maximum height
reached by a rising tide. The high tide line may be determined, in the
absence of actual data, by a line of oil or scum along shore objects, a
more or less continuous deposit of fine shell or debris on the
foreshore or berm, other physical markings or characteristics,
vegetation lines, tidal gages, or other suitable means that delineate
the general height reached by a rising tide. The line encompasses
spring high tides and other high tides that occur with periodic
frequency but does not include storm surges in which there is a
departure from the normal or predicted reach of the tide due to the
piling up of water against a coast by strong winds such as those
accompanying a hurricane or other intense storm.
* * * * *

PART 401--GENERAL PROVISIONS

0
22. The authority citation for part 401 is revised to read as follows:

    Authority: 33 U.S.C. 1251 et seq.

0
23. Section 401.11 is amended by revising paragraph (l) to read as
follows:

Sec.  401.11  General definitions.

* * * * *
    (l) The term navigable waters means the waters of the United
States, including the territorial seas.
    (1) For purposes of the Clean Water Act, 33 U.S.C. 1251 et seq. and
its implementing regulations, subject to the exclusions in paragraph
(l)(2) of this section, the term ``waters of the United States'' means:
    (i) All waters which are currently used, were used in the past, or
may be susceptible to use in interstate or foreign commerce, including
all waters which are subject to the ebb and flow of the tide;
    (ii) All interstate waters, including interstate wetlands;
    (iii) The territorial seas;
    (iv) All impoundments of waters otherwise identified as waters of
the United States under this section;
    (v) All tributaries, as defined in paragraph (l)(3)(iii) of this
section, of waters identified in paragraphs (l)(1)(i) through (iii) of
this section;
    (vi) All waters adjacent to a water identified in paragraphs
(l)(1)(i) through (v) of this section, including wetlands, ponds,
lakes, oxbows, impoundments, and similar waters;
    (vii) All waters in paragraphs (l)(1)(vii)(A) through (E) of this
section where they are determined, on a case-specific basis, to have a
significant nexus to a water identified in paragraphs (1)(i) through
(iii) of this section. The waters identified in each of paragraphs
(l)(1)(vii)(A) through (E) of this section are similarly situated and
shall be combined, for purposes of a significant nexus analysis, in the
watershed that drains to the nearest water identified in paragraphs
(l)(1)(i) through (iii) of this section. Waters identified in this
paragraph shall not be combined with waters identified in paragraph
(l)(1)(vi) of this section when performing a significant nexus
analysis. If waters identified in this paragraph are also an adjacent
water under paragraph (l)(1)(vi), they are an adjacent water and no
case-specific significant nexus analysis is required.
    (A) Prairie potholes. Prairie potholes are a complex of glacially
formed wetlands, usually occurring in depressions that lack permanent
natural outlets, located in the upper Midwest.
    (B) Carolina bays and Delmarva bays. Carolina bays and Delmarva
bays are ponded, depressional wetlands that occur along the Atlantic
coastal plain.
    (C) Pocosins. Pocosins are evergreen shrub and tree dominated
wetlands found predominantly along the Central Atlantic coastal plain.
    (D) Western vernal pools. Western vernal pools are seasonal
wetlands located in parts of California and associated with topographic
depression, soils with poor drainage, mild, wet winters and hot, dry
summers.
    (E) Texas coastal prairie wetlands. Texas coastal prairie wetlands
are freshwater wetlands that occur as a mosaic of depressions, ridges,
intermound flats, and mima mound wetlands located along the Texas Gulf
Coast.
    (viii) All waters located within the 100-year floodplain of a water
identified in (l)(1)(i) through (iii) of this section and all waters
located within 4,000 feet of the high tide line or ordinary high water
mark of a water identified in paragraphs (l)(1)(i) through (v) of this
section where they are determined on a case-specific basis to have a
significant nexus to a water identified in paragraphs (l)(1)(i) through
(iii) of this section. For waters determined to have a significant
nexus, the entire water is a water of the United States if a portion is
located within the 100-year floodplain of a water identified in
paragraphs (l)(1)(i) through (iii) of this section or within 4,000 feet
of the high tide line or ordinary high water mark. Waters identified in
this paragraph shall not be combined with waters identified in
paragraph (l)(1)(vi) of this section when performing a significant
nexus analysis. If waters identified in this paragraph are also an
adjacent water under paragraph (l)(1)(vi), they are an adjacent water
and no case-specific significant nexus analysis is required.
    (2) The following are not ``waters of the United States'' even
where they otherwise meet the terms of paragraphs (l)(1)(iv) through
(viii) of this section.
    (i) Prior converted cropland. Notwithstanding the determination of
an area's status as prior converted cropland by any other Federal
agency, for the purposes of the Clean Water Act, the final authority
regarding Clean Water Act jurisdiction remains with EPA.
    (ii) The following ditches:
    (A) Ditches with ephemeral flow that are not a relocated tributary
or excavated in a tributary.
    (B) Ditches with intermittent flow that are not a relocated
tributary, excavated in a tributary, or drain wetlands.
    (C) Ditches that do not flow, either directly or through another
water, into a water identified in paragraphs (l)(1)(i) through (iii) of
this section.
    (iii) The following features:
    (A) Artificially irrigated areas that would revert to dry land
should application of water to that area cease;

    (B) Artificial, constructed lakes and ponds created in dry land
such as farm and stock watering ponds, irrigation ponds, settling
basins, fields flooded for rice growing, log cleaning ponds, or cooling
ponds;
    (C) Artificial reflecting pools or swimming pools created in dry
land;
    (D) Small ornamental waters created in dry land;
    (E) Water-filled depressions created in dry land incidental to
mining or construction activity, including pits excavated for obtaining
fill, sand, or gravel that fill with water;
    (F) Erosional features, including gullies, rills, and other
ephemeral features that do not meet the definition of tributary, non-
wetland swales, and lawfully constructed grassed waterways; and
    (G) Puddles.
    (iv) Groundwater, including groundwater drained through subsurface
drainage systems.
    (v) Stormwater control features constructed to convey, treat, or
store stormwater that are created in dry land.
    (vi) Wastewater recycling structures constructed in dry land;
detention and retention basins built for wastewater recycling;
groundwater recharge basins; percolation ponds built for wastewater
recycling; and water distributary structures built for wastewater
recycling.
    (3) In this paragraph (l), the following terms apply:
    (i) Adjacent. The term adjacent means bordering, contiguous, or
neighboring a water identified in paragraphs (l)(1)(i) through (v) of
this section, including waters separated by constructed dikes or
barriers, natural river berms, beach dunes, and the like. For purposes
of adjacency, an open water such as a pond or lake includes any
wetlands within or abutting its ordinary high water mark. Adjacency is
not limited to waters located laterally to a water identified in
paragraphs (l)(1)(i) through (v) of this section. Adjacent waters also
include all waters that connect segments of a water identified in
paragraphs (l)(1)(i) through (v) or are located at the head of a water
identified in paragraphs (l)(1)(i) through (v) of this section and are
bordering, contiguous, or neighboring such water. Waters being used for
established normal farming, ranching, and silviculture activities (33
U.S.C. 1344(f)) are not adjacent.
    (ii) Neighboring. The term neighboring means:
    (A) All waters located within 100 feet of the ordinary high water
mark of a water identified in paragraphs (l)(1)(i) through (v) of this
section. The entire water is neighboring if a portion is located within
100 feet of the ordinary high water mark;
    (B) All waters located within the 100-year floodplain of a water
identified in paragraphs (l)(1)(i) through (v) of this section and not
more than 1,500 feet from the ordinary high water mark of such water.
The entire water is neighboring if a portion is located within 1,500
feet of the ordinary high water mark and within the 100-year
floodplain;
    (C) All waters located within 1,500 feet of the high tide line of a
water identified in paragraphs (l)(1)(i) or (iii) of this section, and
all waters within 1,500 feet of the ordinary high water mark of the
Great Lakes. The entire water is neighboring if a portion is located
within 1,500 feet of the high tide line or within 1,500 feet of the
ordinary high water mark of the Great Lakes.
    (iii) Tributary and tributaries. The terms tributary and
tributaries each mean a water that contributes flow, either directly or
through another water (including an impoundment identified in paragraph
(l)(1)(iv) of this section), to a water identified in paragraphs
(l)(1)(i) through (iii) of this section that is characterized by the
presence of the physical indicators of a bed and banks and an ordinary
high water mark. These physical indicators demonstrate there is volume,
frequency, and duration of flow sufficient to create a bed and banks
and an ordinary high water mark, and thus to qualify as a tributary. A
tributary can be a natural, man-altered, or man-made water and includes
waters such as rivers, streams, canals, and ditches not excluded under
paragraph (l)(2) of this section. A water that otherwise qualifies as a
tributary under this definition does not lose its status as a tributary
if, for any length, there are one or more constructed breaks (such as
bridges, culverts, pipes, or dams), or one or more natural breaks (such
as wetlands along the run of a stream, debris piles, boulder fields, or
a stream that flows underground) so long as a bed and banks and an
ordinary high water mark can be identified upstream of the break. A
water that otherwise qualifies as a tributary under this definition
does not lose its status as a tributary if it contributes flow through
a water of the United States that does not meet the definition of
tributary or through a non-jurisdictional water to a water identified
in paragraphs (l)(1)(i) through (iii) of this section.
    (iv) Wetlands. The term wetlands means those areas that are
inundated or saturated by surface or groundwater at a frequency and
duration sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in
saturated soil conditions. Wetlands generally include swamps, marshes,
bogs, and similar areas.
    (v) Significant nexus. The term significant nexus means that a
water, including wetlands, either alone or in combination with other
similarly situated waters in the region, significantly affects the
chemical, physical, or biological integrity of a water identified in
paragraphs (l)(1)(i) through (iii) of this section. The term ``in the
region'' means the watershed that drains to the nearest water
identified in paragraphs (l)(1)(i) through (iii) of this section. For
an effect to be significant, it must be more than speculative or
insubstantial. Waters are similarly situated when they function alike
and are sufficiently close to function together in affecting downstream
waters. For purposes of determining whether or not a water has a
significant nexus, the water's effect on downstream (1)(i) through
(iii) waters shall be assessed by evaluating the aquatic functions
identified in paragraphs (l)(3)(v)(A) through (I) of this section. A
water has a significant nexus when any single function or combination
of functions performed by the water, alone or together with similarly
situated waters in the region, contributes significantly to the
chemical, physical, or biological integrity of the nearest water
identified in paragraphs (l)(1)(i) through (iii) of this section.
Functions relevant to the significant nexus evaluation are the
following:
    (A) Sediment trapping,
    (B) Nutrient recycling,
    (C) Pollutant trapping, transformation, filtering, and transport,
    (D) Retention and attenuation of flood waters,
    (E) Runoff storage,
    (F) Contribution of flow,
    (G) Export of organic matter,
    (H) Export of food resources, and
    (I) Provision of life cycle dependent aquatic habitat (such as
foraging, feeding, nesting, breeding, spawning, or use as a nursery
area) for species located in a water identified in paragraphs (l)(1)(i)
through (iii) of this section.
    (vi) Ordinary high water mark. The term ordinary high water mark
means that line on the shore established by the fluctuations of water
and indicated by physical characteristics such as a clear, natural line
impressed on the bank, shelving, changes in the character of soil,
destruction of terrestrial vegetation, the presence of litter and
debris, or other appropriate means that consider the characteristics of
the surrounding areas.

    (vii) High tide line. The term high tide line means the line of
intersection of the land with the water's surface at the maximum height
reached by a rising tide. The high tide line may be determined, in the
absence of actual data, by a line of oil or scum along shore objects, a
more or less continuous deposit of fine shell or debris on the
foreshore or berm, other physical markings or characteristics,
vegetation lines, tidal gages, or other suitable means that delineate
the general height reached by a rising tide. The line encompasses
spring high tides and other high tides that occur with periodic
frequency but does not include storm surges in which there is a
departure from the normal or predicted reach of the tide due to the
piling up of water against a coast by strong winds such as those
accompanying a hurricane or other intense storm.
* * * * *
[FR Doc. 2015-13435 Filed 6-26-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 244 (Monday, December 21, 2015)]
[Notices]
[Pages 79324-79325]
[FR Doc No: 2015-31965]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER16-452-000]

Tranquillity 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 proceeding
Tranquillity 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 January 6, 2016.
    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 should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the Web site that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: December 14, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-31965 Filed 12-18-15; 8:45 am]
BILLING CODE 6717-01-P