[Federal Register Volume 84, Number 92 (Monday, May 13, 2019)]
[Proposed Rules]
[Pages 20838-20843]
[FR Doc No: 2019-09830]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2019-0159; FRL-9993-51-Region 9]

Partial Approval, Partial Disapproval and Limited Approval,
Limited Disapproval of Arizona Air Plan Revisions, Pinal County Air
Quality Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
partially approve and partially disapprove revisions to the Pinal
County Air Quality Control District (PCAQCD) portion of the Arizona
State Implementation Plan (SIP). These revisions concern the District's
demonstration regarding reasonably available control technology (RACT)
requirements and negative declarations for the 2008 8-hour ozone
National Ambient Air Quality Standards (NAAQS or ``standards'') in the
portion of the Phoenix-Mesa ozone nonattainment area under the
jurisdiction of the PCAQCD. The EPA is also proposing a limited
approval and limited disapproval of two rules PCAQCD submitted with its
RACT SIP demonstration. We are proposing action on a local SIP revision
under the Clean Air Act (CAA or ``Act''). We are taking comments on
this proposal and plan to follow with a final action.

DATES: Any comments must arrive by June 12, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2019-0159 at https://www.regulations.gov. For comments submitted at
Regulations.gov, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e. on the web, cloud, or other file sharing system). For
additional submission methods, please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public
comment policy, information about CBI or multimedia submissions, and
general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Stanley Tong, EPA Region IX, (415)
947-4122<EMAIL_ADDRESS>EPA Region IX is located at 75
Hawthorne Street, San Francisco, CA 94105-3901.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.

Table of Contents

I. The State's Submittal
    A. What documents did the State submit?
    B. Are there other versions of these documents?
    C. What is the purpose of the submitted documents?
II. The EPA's Evaluation and Proposed Action
    A. How is the EPA evaluating the submitted documents?
    B. Do the documents meet the evaluation criteria?
    C. What are the deficiencies?
    D. EPA Recommendations To Further Improve the RACT SIP and the
Submitted Rules
    E. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. The State's Submittal

A. What documents did the State submit?

    Table 1 lists the documents addressed by this proposal with the
dates that they were adopted by the local air agency and submitted by
the Arizona Department of Environmental Quality (ADEQ).

                                          Table 1--Submitted Documents
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            Local agency                         Document                    Adopted              Submitted
----------------------------------------------------------------------------------------------------------------
PCAQCD..............................  Reasonably Available Control              11/30/2016              2/3/2017
                                       Technology (RACT) Analysis,
                                       Negative Declaration and
                                       Rules Adoption.
PCAQCD..............................  Chapter 5, Article 13 Surface             11/30/2016              2/3/2017
                                       Coating Operations.
                                      5-13-100, ``General''.........
                                      5-13-200, ``Definitions''.....
                                      5-13-300, ``Standards''.......
                                      5-13-400, ``Administrative
                                       Requirements''.
                                      5-13-500, ``Monitoring and
                                       Records''.

                                      Note: the submittal explicitly
                                       excludes 5-13-390 ``Spray
                                       Paint and Other Surface
                                       Coating Operations'' (as
                                       amended 10/12/95).
PCAQCD..............................  Chapter 5, Article 20 Storage             11/30/2016              2/3/2017
                                       and Loading of Gasoline at
                                       Gasoline Dispensing
                                       Facilities.
                                      5-20-100 ``General''..........
                                      5-20-200 ``Definitions''......
                                      5-20-300 ``Standards''........
                                      5-20-400 ``Administrative
                                       Requirements''.
                                      5-20-500 ``Monitoring and
                                       Records''.
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    On August 3, 2017, the submittals for PCAQCD's RACT SIP, negative
declarations, and two rules were deemed by operation of law to meet the
completeness criteria in 40 CFR part 51 Appendix V, which must be met
before formal EPA review.

B. Are there other versions of these documents?

    There are no previous versions of the RACT SIP and negative
declarations in the PCAQCD portion of the Arizona SIP for the 2008 8-
hour ozone NAAQS. There are no previous versions of Chapter 5, Articles
13 or 20 in the PCAQCD portion of the Arizona SIP.

C. What is the purpose of the submitted documents?

    Volatile Organic Compounds (VOCs) and oxides of nitrogen
(NOX) help produce ground-level ozone, smog, and particulate
matter, which harm human health and the environment. Section 110(a) of
the CAA requires states to submit regulations that control VOC and
NOX emissions. Sections 182(b)(2) and (f) require that SIPs
for ozone nonattainment areas classified as Moderate or above implement
RACT for any source covered by a Control Techniques Guidelines (CTG)
document and for any major source of VOCs or NOX. The PCAQCD
is subject to this requirement as it regulates the Pinal County portion
of the Phoenix-Mesa ozone nonattainment area that is currently
designated and classified as a Moderate nonattainment area for the 2008
8-hour ozone NAAQS. Therefore, the PCAQCD must, at a minimum, adopt
RACT-level controls for all sources covered by a CTG document and for
all major non-CTG sources of VOCs or NOX within the ozone
nonattainment area that it regulates. Any stationary source that emits
or has the potential to emit at least 100 tons per year (tpy) of VOCs
or NOX is a major stationary source in a Moderate ozone
nonattainment area (CAA section 182(b)(2), (f) and 302(j)).
    Section III.D of the preamble to the EPA's final rule to implement
the 2008 ozone NAAQS (80 FR 12264, March 6, 2015) discusses RACT
requirements. It states in part that RACT SIPs must contain adopted
RACT regulations, certifications where appropriate that existing
provisions are RACT, and/or negative declarations that no sources in
the nonattainment area are covered by a specific CTG. Id. at 12278. It
also provides that states must submit appropriate supporting
information for their RACT submissions as described in the EPA's
implementation rule for the 1997 ozone NAAQS. See Id. and 70 FR 71612,
71652 (November 29, 2005). The submitted RACT SIP (``2016 RACT SIP'')
and negative declarations provide PCAQCD's analyses of its compliance
with the CAA section 182 RACT requirements for the 2008 8-hour ozone
NAAQS. PCAQCD also adopted and submitted for SIP approval the following
two rules with its 2016 RACT SIP.
    Chapter 5, Article 13 is a new rule that establishes VOC content
limits for surface coating operations in the Pinal County portion of
the Phoenix-Mesa 8-hour ozone nonattainment area. It contains:
Definitions; VOC content limits; various partial exemptions;
requirements for coating application methods, cleanup of application
equipment, work practices for the handling, disposal and storage of VOC
containing materials, and emission control systems; and requirements
for monitoring, testing, and recordkeeping.
    Chapter 5, Article 20 is a new rule that establishes limits for VOC
emissions from gasoline during storage and loading of gasoline at
gasoline dispensing facilities. It contains: Definitions; various
exemptions; requirements for vapor recovery equipment, general
housekeeping, gasoline storage equipment, and gasoline loading
operations; and requirements for monitoring, testing, and
recordkeeping.
    The EPA's technical support document (TSD) has more information
about the District's RACT SIP, negative declarations, rules, and the
EPA's evaluations thereof.

II. The EPA's Evaluation and Proposed Action

A. How is the EPA evaluating the submitted documents?

    SIP rules must require RACT for each category of sources covered by
a CTG document as well as each major source of VOCs or NOX
in ozone nonattainment areas classified as Moderate or above (CAA
section 182(b)(2)). The PCAQCD regulates a Moderate ozone nonattainment
area (40 CFR 81.303) so the District's rules must implement RACT.
    States should also submit for SIP approval negative declarations
for those source categories for which they have not adopted CTG-based
regulations (because they have no sources above the CTG-recommended
applicability threshold) regardless of whether such negative
declarations were made for an earlier SIP.\1\ To do so, the submittal
should provide reasonable assurance that no sources subject to the CTG
requirements currently exist in the portion of the ozone nonattainment
area that is regulated by the PCAQCD.
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    \1\ 57 FR 13498, 13512 (April 16, 1992).
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    The District's analysis must demonstrate that each major source of
VOCs or NOX in the ozone nonattainment area is covered by a
RACT-level rule. In addition, for each CTG source category, the
District must either demonstrate that a RACT-level rule is in place, or
submit a negative declaration. Guidance and policy documents that we
use to evaluate CAA section 182 RACT requirements include the
following:
    1. ``State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 57
FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
    2. EPA Office of Air Quality Planning and Standards, ``Issues
Relating to VOC Regulation Cutpoints, Deficiencies, and

Deviations,'' May 25, 1988 (``the Bluebook,'' revised January 11,
1990).
    3. EPA Region IX, ``Guidance Document for Correcting Common VOC &
Other Rule Deficiencies,'' August 21, 2001 (``the Little Bluebook'').
    4. ``State Implementation Plans; Nitrogen Oxides Supplement to the
General Preamble; Clean Air Act Amendments of 1990 Implementation of
Title I; Proposed Rule,'' (the NOX Supplement), 57 FR 55620,
(November 25, 1992).
    5. Memorandum dated May 18, 2006, from William T. Harnett,
Director, Air Quality Policy Division, to Regional Air Division
Directors, Subject: ``RACT Qs & As--Reasonably Available Control
Technology (RACT): Questions and Answers.''
    6. ``Final Rule to Implement the 8-hour Ozone National Ambient Air
Quality Standard--Phase 2,'' 70 FR 71612 (November 29, 2005).
    7. ``Implementation of the 2008 National Ambient Air Quality
Standards for Ozone: State Implementation Plan Requirements,'' 80 FR
12264 (March 6, 2015).
    Rules that are submitted for inclusion into the SIP must be
enforceable (CAA section 110(a)(2)), must not interfere with applicable
requirements concerning attainment and reasonable further progress or
other CAA requirements (CAA section 110(l)), and must not modify
certain SIP control requirements in nonattainment areas without
ensuring equivalent or greater emissions reductions (CAA section 193).
    In addition to the documents listed above, guidance and policy
documents that we use to evaluate enforceability, stringency, and
revision/relaxation requirements include the following:
    1. ``Design Criteria for Stage I Vapor Control Systems--Gasoline
Service Stations,'' EPA-450/R-75-102, November 1975.
    2. ``Control of Volatile Organic Emissions from Existing Stationary
Sources--Volume VI: Surface Coating of Miscellaneous Metal Parts and
Products,'' EPA-450/2-78-015, June 1978.
    3. ``Control Techniques Guidelines for Miscellaneous Metal and
Plastic Parts Coatings,'' EPA 453/R-08-003, September 2008.
    4. ``Model Volatile Organic Compound Rules for Reasonably Available
Control Technology,'' June 1992.
    5. Memorandum dated March 17, 2011, from Scott Mathias, Interim
Director, Air Quality Policy Division, U.S. EPA to Regional Air
Division Directors, Subject: ``Approving SIP Revisions Addressing VOC
RACT Requirements for Certain Coatings Categories.''

B. Do the documents meet the evaluation criteria?

    PCAQCD's 2016 RACT SIP provides the District's demonstration that
the applicable SIP for the PCAQCD satisfies CAA section 182 RACT
requirements for the 2008 8-hour ozone NAAQS. This conclusion is based
on the District's analysis of SIP-approved requirements that apply to
the following: (1) Source categories for which a CTG has been issued,
and (2) major non-CTG stationary sources of VOC or NOX
emissions.
    With respect to CTG source categories, PCAQCD determined that it
only had sources subject to the CTGs covering surface coatings and
gasoline service stations. PCAQCD submitted for SIP approval two rules
to implement RACT for these categories: Chapter 5, Article 13 Surface
Coating Operations, and Chapter 5, Article 20 Storage and Loading of
Gasoline at Gasoline Dispensing Facilities. We find that these rules
meet the enforceability, stringency, and SIP relaxation/revision
requirements, with the exception of a number of identified
deficiencies. Specifically, we find that Article 13 largely
incorporates the VOC content limits from Table 2 of the 2008
Miscellaneous Metal and Plastic Parts (MMPP) Coatings CTG. However,
Article 13 does not contain all of the recommended metal parts coating
categories from the CTG, it allows some exemptions not found in the
CTG, and it does not address recommended categories and limits in
Tables 3 through 6 of the MMPP CTG. We also find that Article 20 needs
to be strengthened to correct an enforceability issue. These
approvability issues preclude full approval of these two rules. In
spite of these deficiencies, inclusion of these two rules would
substantially strengthen the SIP because the SIP does not currently
contain rules covering these sources. Our TSD has more information
about our evaluation of Articles 13 and 20.
    Where there are no existing sources covered by a particular CTG
document, or no major non-CTG sources, states may, in lieu of adopting
RACT requirements for those sources, adopt negative declarations
certifying that there are no such sources in the relevant nonattainment
area. Appendix C of the 2016 RACT SIP lists the District's negative
declarations where it has no sources subject to the applicable CTG for
the 2008 8-hour ozone NAAQS. These negative declarations are re-listed
in Table 2 below. The District concludes that it has no sources subject
to the CTGs based on a review of its permit files and emission
inventory as well as business listings and county planning records.
    In addition, the 2016 RACT SIP states ``[t]here is one Title V
(i.e., major source) in the Pinal County portion of the nonattainment
area which is a landfill . . . [and the] facility is currently subject
to the 40 CFR part 60, subpart WWW Standards of Performance (NSPS) for
Municipal Solid Waste Landfills and the 40 CFR part 63, subpart AAAA
National Emission Standards for Hazardous Air Pollutants (NESHAP) for
Municipal Waste Landfills.'' Appendix A of the 2016 RACT SIP indicates
this landfill has a potential to emit of 15.1 tpy of VOC. As described
in more detail in our TSD, this landfill has a potential to emit less
than 100 tpy of VOC and thus is not a major source. The District is
therefore not required to demonstrate that this source is implementing
RACT-level controls.
    We reviewed PCAQCD's list of permitted facilities and list of
negative declarations in the 2016 RACT SIP Appendices A and C,
respectively. We also searched the EPA's National Emissions Inventory
for 2011 and 2014 to verify the District's conclusion that it has no
stationary sources subject to the CTG source categories for which it
has adopted a negative declaration. We agree with the District's
negative declarations in the 2016 RACT SIP Appendix C. However, our
review found that the cutback asphalt CTG and certain sections of the
MMPP CTG were not addressed by either a negative declaration or a RACT
rule. Also, the District must adopt negative declarations for major VOC
and major NOX sources since available data shows the
District does not have stationary sources in the ozone nonattainment
area that emit at least 100 tpy. These approvability issues preclude
full approval of the 2016 RACT SIP. Our TSD has more information on our
evaluation of the 2016 RACT SIP.

                  Table 2--PCAQCD Negative Declarations
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               EPA document No.                          Title
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EPA-450/2-77-008.............................  Surface Coating of Cans.
EPA-450/2-77-008.............................  Surface Coating of Coils.
EPA-450/2-77-008.............................  Surface Coating of Paper.
EPA-450/2-77-008.............................  Surface Coating of
                                                Fabric.
EPA-450/2-77-008.............................  Surface Coating of
                                                Automobiles and Light-
                                                Duty Trucks.
EPA-450/2-77-022.............................  Solvent Metal Cleaning.
EPA-450/2-77-025.............................  Refinery Vacuum Producing
                                                Systems, Wastewater
                                                Separators, and Process
                                                Unit Turnarounds.
EPA-450/2-77-026.............................  Tank Truck Gasoline
                                                Loading Terminals.
EPA-450/2-77-032.............................  Surface Coating of Metal
                                                Furniture.
EPA-450/2-77-033.............................  Surface Coating of
                                                Insulation of Magnet
                                                Wire.
EPA-450/2-77-034.............................  Surface Coating of Large
                                                Appliances.
EPA-450/2-77-035.............................  Bulk Gasoline Plants.
EPA-450/2-77-036.............................  Storage of Petroleum
                                                Liquids in Fixed-Roof
                                                Tanks.
EPA-450/2-78-029.............................  Manufacture of
                                                Synthesized
                                                Pharmaceutical Products.
EPA-450/2-78-030.............................  Manufacture of Pneumatic
                                                Rubber Tires.
EPA-450/2-78-032.............................  Factory Surface Coating
                                                of Flat Wood Paneling.
EPA-450/2-78-033.............................  Graphic Arts-Rotogravure
                                                and Flexography.
EPA-450/2-78-036.............................  Leaks from Petroleum
                                                Refinery Equipment.
EPA-450/2-78-047.............................  Petroleum Liquid Storage
                                                in External Floating
                                                Roof Tanks.
EPA-450/2-78-051.............................  Leaks from Gasoline Tank
                                                Trucks and Vapor
                                                Collection Systems.
EPA-450/3-82-009.............................  Large Petroleum Dry
                                                Cleaners.
EPA-450/3-83-006.............................  Leaks from Synthetic
                                                Organic Chemical Polymer
                                                and Resin Manufacturing
                                                Equipment.
EPA-450/3-83-007.............................  Leaks from Natural Gas/
                                                Gasoline Processing
                                                Plants.
EPA-450/3-83-008.............................  Manufacture of High-
                                                Density Polyethylene,
                                                Polypropylene, and
                                                Polystyrene Resins.
EPA-450/3-84-015.............................  Air Oxidation Processes
                                                in Synthetic Organic
                                                Chemical Manufacturing
                                                Industry.
EPA-450/4-91-031.............................  Reactor Processes and
                                                Distillation Operations
                                                in Synthetic Organic
                                                Chemical Manufacturing
                                                Industry.
EPA-453/R-96-007.............................  Wood Furniture
                                                Manufacturing
                                                Operations.
EPA-453/R-94-032, 61 FR 44050; 8/27/96.......  ACT Surface Coating at
                                                Shipbuilding and Ship
                                                Repair Facilities
                                                Shipbuilding and Ship
                                                Repair Operations
                                                (Surface Coating).
EPA-453/R-97-004, 59 FR 29216; 6/06/94.......  Aerospace MACT and
                                                Aerospace (CTG & MACT).
EPA-453/R-06-001.............................  Industrial Cleaning
                                                Solvents.
EPA-453/R-06-002.............................  Offset Lithographic
                                                Printing and Letterpress
                                                Printing.
EPA-453/R-06-003.............................  Flexible Package
                                                Printing.
EPA-453/R-06-004.............................  Flat Wood Paneling
                                                Coatings.
EPA 453/R-07-003.............................  Paper, Film, and Foil
                                                Coatings.
EPA 453/R-07-004.............................  Large Appliance Coatings.
EPA 453/R-07-005.............................  Metal Furniture Coatings.
EPA 453/R-08-004.............................  Fiberglass Boat
                                                Manufacturing Materials.
EPA 453/R-08-005.............................  Miscellaneous Industrial
                                                Adhesives.
EPA 453/R-08-006.............................  Automobile and Light-Duty
                                                Truck Assembly Coatings.
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C. What are the deficiencies?

    On March 11, 2019,\2\ the EPA provided comments to PCAQCD on the
approvability issues in the 2016 RACT SIP and the submitted rules. The
following provisions do not satisfy the requirements of section 110 and
part D of title I of the Act and prevent full approval of the 2016 RACT
SIP and submitted rules.
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    \2\ Letter dated March 11, 2019, from Doris Lo, Manager, Rules
Office, EPA, Region IX, to Michael Sundblom, Director, Pinal County
Air Quality Control District, Subject: ``RE: EPA Comments on the
Pinal County Air Quality Control District Reasonably Available
Control Technology (RACT) Analysis, Negative Declaration and Rules
Adoption.''
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1. 2016 RACT SIP
    a. Missing negative declarations for major VOC sources and major
NOX sources.
    b. Missing negative declaration (or rule) for cutback asphalt.
2. Chapter 5, Article 13--Surface Coating Operations
    a. Rule exempts categories that are recommended for regulation by
the CTG.
    b. One VOC content limit is less stringent than the CTG, and some
CTG coating categories and Tables 3 through 6 of the MMPP CTG are not
addressed.\3\
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    \3\ The deficiency regarding the lack of coverage for Tables 3
through 6 can be addressed by either modifying Chapter 5, Article 13
to cover these categories of sources, or through a negative
declaration for these tables.
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    c. The emission control system requirements are potentially
confusing and should be clarified.
3. Chapter 5, Article 20--Storage and Loading of Gasoline at Gasoline
Dispensing Facilities
    a. An exemption to verify that a gasoline cargo tank has a valid
vapor tightness certification decal prior to loading gasoline is overly
broad and challenging to verify or enforce.
    b. One section must be reworded to state a prohibition.
    Our TSD has additional information on the deficiencies in the RACT
SIP and submitted rules.

D. EPA Recommendations To Further Improve the RACT SIP and the
Submitted Rules

    Our March 11, 2019 comment letter and TSD include recommendations
for the next time the local agency modifies the rules. These
recommendations would strengthen and improve enforceability of the
rules. Our comment letter also includes a recommendation to adopt a
negative declaration for the 2016 CTG for the Oil and Natural Gas
Industry. Our comment letter and TSD are included in the docket
materials.

E. Public Comment and Proposed Action

    For the reasons discussed above and explained more fully in our
TSD, the EPA proposes to partially approve and partially disapprove the
ADEQ's February 3, 2017 submittal of the PCAQCD 2016 RACT SIP as a
revision to the Arizona SIP. Under CAA section 110(k)(3), we propose to
approve the 2016 RACT SIP, with the exception of major VOC sources,
major NOX sources, and the following CTG source categories:
Cutback asphalt, MMPP coatings, Gasoline Service Stations, and Surface
Coating of Miscellaneous Metal Parts and Products, as satisfying the
RACT requirements of CAA section 182(b)(2) and (f) for the Pinal County
portion of the Phoenix-Mesa ozone nonattainment areas.
    Also under CAA section 110(k)(3), we propose to disapprove the 2016
RACT SIP as it pertains to major VOC sources, major NOX
sources, cutback asphalt, and the MMPP coatings CTG (Tables 3 through
6) based on the EPA's finding that these categories were not adequately
addressed in the 2016 RACT SIP.
    Because the inclusion of Chapter 5, Articles 13 and 20 would
strengthen the SIP, we are proposing a limited approval of Chapter 5,
Article 13 (excluding 5-13-390) \4\ and Article 20, as authorized by
sections 110(k)(3) and 301(a) of the Act. If finalized, this action
would incorporate the submitted rules into the SIP, including those
provisions identified as deficient. This approval is limited because
the EPA is simultaneously proposing a limited disapproval of Chapter 5,
Articles 13 and 20, under section 110(k)(3) based on the stringency and
enforceability issues the EPA identified in these rules.
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    \4\ PCAQCD's SIP submittal explicitly excludes section 5-13-390.
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    Because Chapter 5, Article 13 is the rule the District submitted in
fulfillment of its RACT SIP obligation for the 1978 CTG for Surface
Coating of Miscellaneous Metal Parts and Products, and the 2008 CTG for
MMPP Coatings (except for Tables 3 through 6), the proposed limited
approval and limited disapproval of Chapter 5, Article 13 would not
fully satisfy the District's RACT SIP obligation for these two CTG
source categories. Once the EPA approves a SIP revision to correct the
deficiencies in Chapter 5, Article 13, the District's RACT SIP
obligation will be met for the Surface Coating of Miscellaneous Metal
Parts and Products CTG, and the MMPP Coatings CTG (except for Tables 3
through 6).\5\ Similarly, because Chapter 5, Article 20 was submitted
in fulfillment of the District's RACT SIP obligation for the 1975
Gasoline Service Stations CTG, the proposed limited approval and
limited disapproval of this rule would not fully satisfy the District's
RACT SIP obligation for this CTG source category. Once the EPA approves
a SIP revision to correct the deficiencies in Chapter 5, Article 20,
the District's RACT SIP obligation will be met for the Gasoline Service
Stations CTG source category.
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    \5\ We will evaluate how the District addresses the MMPP CTG
Tables 3 through 6 in its future submittal. As noted above, the
District may either modify Chapter 5, Article 13 to cover these
sources, or adopt a negative declaration.
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    The EPA is committed to working with the ADEQ and PCAQCD to resolve
the identified RACT deficiencies. However, should we finalize the
proposed partial disapproval of the above-enumerated elements of the
2016 RACT SIP and the limited disapproval of Chapter 5, Articles 13 and
20, the action would trigger a 2-year clock for the federal
implementation plan (FIP) requirement under section 110(c). In
addition, final disapproval would trigger sanctions under CAA section
179 and 40 CFR 52.31 unless the EPA approves subsequent SIP revisions
that correct the deficiencies in the 2016 RACT SIP and two submitted
rules within 18 months of the effective date of the final action.
    We will accept comments from the public on the proposed partial
approval and partial disapproval for the 2016 RACT SIP and the proposed
limited approval and limited disapproval for Chapter 5, Articles 13 and
20 until June 12, 2019. If finalized, this action would incorporate the
2016 RACT SIP, negative declarations, and submitted rules into the SIP,
including those provisions identified as deficient. Our proposed
approval of the submitted rules is limited because the EPA is
simultaneously proposing a limited disapproval of the rules under
section 110(k)(3).
    Note that the submitted rules have been adopted by the PCAQCD, and
the EPA's final limited disapproval would not prevent the local agency
from enforcing them. The limited disapproval also would not prevent any
portion of the rules from being incorporated by reference into the
federally enforceable SIP as discussed in a Memorandum dated July 9,
1992, from John Calcagni, Director, Air Quality Management Division,
U.S. EPA to EPA Regional Air Directors, Regions I-X, Subject:
``Processing of State Implementation Plan (SIP) Submittals,'' found at:
https://www.epa.gov/sites/production/files/2015-07/documents/procsip.pdf.

III. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference the PCAQCD rules described in Table 1 of this preamble. The
EPA has made, and will continue to make, these materials available
through www.regulations.gov and at the EPA Region IX Office (please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section of this preamble for more information).

IV. Statutory and Executive Order Reviews

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

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

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

B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs

    This proposed action is not an Executive Order 13771 regulatory
action because SIP approvals, including limited approvals, are exempted
under Executive Order 12866.

C. Paperwork Reduction Act (PRA)

    This proposed action does not impose an information collection
burden under the PRA because this action does not impose additional
requirements beyond those imposed by state law.

D. Regulatory Flexibility Act (RFA)

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

E. Unfunded Mandates Reform Act (UMRA)

    This proposed action does not contain any unfunded mandate as
described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or
uniquely affect small governments. This proposed action does

not impose additional requirements beyond those imposed by state law.
Accordingly, no additional costs to state, local, or tribal
governments, or to the private sector, will result from this proposed
action.

F. Executive Order 13132: Federalism

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

G. Executive Order 13175: Coordination With Indian Tribal Governments

    This proposed action does not have tribal implications, as
specified in Executive Order 13175, because the SIP is not approved to
apply on any Indian reservation land or in any other area where the EPA
or an Indian tribe has demonstrated that a tribe has jurisdiction, and
will not impose substantial direct costs on tribal governments or
preempt tribal law. Thus, Executive Order 13175 does not apply to this
proposed action.

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

    The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This proposed action is not
subject to Executive Order 13045 because it does not impose additional
requirements beyond those imposed by state law.

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

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

J. National Technology Transfer and Advancement Act (NTTAA)

    Section 12(d) of the NTTAA directs the EPA to use voluntary
consensus standards in its regulatory activities unless to do so would
be inconsistent with applicable law or otherwise impractical. The EPA
believes that this proposed action is not subject to the requirements
of section 12(d) of the NTTAA because application of those requirements
would be inconsistent with the CAA.

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

    The EPA lacks the discretionary authority to address environmental
justice in this rulemaking.

List of Subjects in 40 CFR Part 52

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

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

    Dated: April 30, 2019.
Michael Stoker,
Regional Administrator, Region IX.
[FR Doc. 2019-09830 Filed 5-10-19; 8:45 am]
BILLING CODE 6560-50-P


MEMORANDUM

DATE:	November 20, 2014

TO:	Carbon Power Plan for Existing Power Plants; Docket ID: OAR-2013-0602

FROM:	Rob Lawrence EPA/Region 6/PD

SUBJECT:	June 18, 2014 Call with the Oklahoma Secretary of Energy and the Environment regarding the Proposed Carbon Power Plan for Existing Power Plants

SUMMARY

A brief call was made by EPA to the Oklahoma Secretary of Energy and the Environment on June 18, 2014, to discuss the proposed Carbon Power Plan for Existing Power Plants, which was proposed on June 2, 2014.

ATTENDEES

Participant:		Mike Teague (OK Secretary of Energy and the Environment)

EPA Participant:	Ron Curry (Regional Administrator)


[Federal Register Volume 83, Number 157 (Tuesday, August 14, 2018)]
[Notices]
[Page 40274]
[FR Doc No: 2018-17444]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2008-0707; FRL-9981-65-OEI]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; Data Reporting Requirements for State and
Local Vehicle Emission Inspection and Maintenance (I/M) Programs
(Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), Data Reporting Requirements for
State and Local Vehicle Emission Inspection and Maintenance (I/M)
Programs (EPA ICR No.1613.06, OMB Control No. 2060-0252) to the Office
of Management and Budget (OMB) for review and approval in accordance
with the Paperwork Reduction Act. This is a proposed extension of the
ICR, which is currently approved through October 31, 2018. Public
comments were previously requested via the Federal Register on April
11, 2018 during a 60-day comment period. This notice allows for an
additional 30 days for public comments. A fuller description of the ICR
is given below, including its estimated burden and cost to the public.
An Agency may not conduct or sponsor and a person is not required to
respond to a collection of information unless it displays a currently
valid OMB control number.

DATES: Additional comments may be submitted on or before September 13,
2018.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OAR-2008-0707, to (1) EPA online using www.regulations.gov (our
preferred method), or by mail to: EPA Docket Center, Environmental
Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW,
Washington, DC 20460, and (2) OMB via email to
[email protected]. Address comments to OMB Desk Officer for
EPA.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Dave Sosnowski, Office of
Transportation and Air Quality, U.S. Environmental Protection Agency,
2000 Traverwood, Ann Arbor, Michigan 48105; telephone number: 734-214-
4823; fax number:<PHONE_NUMBER>; email address: [email protected].

SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW, Washington, DC 20460. The
telephone number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Abstract: Clean Air Act section 182 and EPA's regulations (40 CFR
part 51, subpart S) establish the requirements for state and local I/M
programs that are included in state implementation plans (SIPs). To
provide general oversight and support to these programs, EPA requires
that state agencies with basic and enhanced I/M programs collect two
varieties of reports for submission to the Agency:
     An annual report providing general program operating data
and summary statistics, addressing the program's current design and
coverage, a summary of testing data, enforcement program efforts,
quality assurance and quality control efforts, and other miscellaneous
information allowing for an assessment of the program's relative
effectiveness; and
     A biennial report on any changes to the program over the
two-year period and the impact of such changes, including any
deficiencies discovered and corrections made or planned.
    General program effectiveness is determined by the degree to which
a program misses, meets, or exceeds the emission reductions committed
to in the state's approved SIP, which, in turn, must meet or exceed the
minimum emission reductions expected from the relevant performance
standard, as promulgated under 40 CFR part 51, subpart S, in response
to requirements established in section 182 of the Clean Air Act. This
information is used by EPA to determine a program's progress toward
meeting requirements under 40 CFR part 51, subpart S, and to provide
background information in support of program evaluations. Additional
information regarding the current renewal of this ICR as well as
previous renewals can be found in Docket ID No. EPA-HQ-OAR-2008-0707.
    Form numbers: None.
    Respondents/affected entities: State I/M program managers.
    Respondent's obligation to respond: Mandatory (40 CFR 51.366).
    Estimated number of respondents: 28 (total).
    Frequency of response: Annual and biennial.
    Total estimated burden: 2,408 hours (per year). Burden is defined
at 5 CFR 1320.03(b).
    Total estimated cost: $152,544 (per year), includes $0 annualized
capital or operation and maintenance costs.
    Changes in estimates: There is no change in the total estimated
respondent burden compared with the ICR currently approved by OMB.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2018-17444 Filed 8-13-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: November 12, 2009 (Volume 74, Number 217)]
[Rules and Regulations]
[Page 58204-58205]
[DOCID:fr12no09-6]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

17 CFR Part 248

[Release Nos. 34-60946; IA-2946; IC-28990; File No. S7-29-04]
RIN 3235-AJ24

Regulation S-AM: Limitations on Affiliate Marketing; Extension of
Compliance Date

AGENCY: Securities and Exchange Commission.

ACTION: Final rule; extension of compliance date.

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

SUMMARY: The Securities and Exchange Commission is extending the
compliance date for Regulation S-AM (74 FR 40398 (Aug. 11, 2009)),
which limits a person's use of certain information received from an
affiliate to solicit a consumer for marketing purposes unless the
consumer has been given notice and a reasonable opportunity and a
reasonable and simple method to opt out of such solicitations.

DATES: The effective date for Regulation S-AM (17 CFR 248.101 through
248.128) remains September 10, 2009. The compliance date for Regulation
S-AM is extended from January 1, 2010 to June 1, 2010.

FOR FURTHER INFORMATION CONTACT: For information regarding the
regulation as it relates to brokers, dealers, or transfer agents,
contact Brice Prince, Special Counsel, or Ignacio Sandoval, Attorney,
Office of Chief Counsel, Division of Trading and Markets, (202) 551-
5550, or regarding the regulation as it relates to investment companies
or investment advisers, contact Penelope Saltzman, Assistant Director,
or Thoreau Bartmann, Senior Counsel, Office of Regulatory Policy,
Division of Investment Management,<PHONE_NUMBER>, Securities and
Exchange Commission, 100 F Street, NE., Washington, DC 20549.

SUPPLEMENTARY INFORMATION: On August 9, 2009, the Commission adopted
Regulation S-AM to implement Section 624 of the Fair Credit Reporting
Act, as amended by Section 214 of the Fair and Accurate Credit
Transactions Act of 2003 (``FACT Act'').\1\ Section 624 required the
Commission and other federal agencies to adopt rules implementing
limitations on a person's use of certain information received from an
affiliate to solicit a consumer for marketing purposes, unless the
consumer has been given notice and a reasonable opportunity and a
reasonable and simple method to opt out of such solicitations.
Regulation S-AM implements the requirements of Section 624 with respect
to investment advisers and transfer agents registered with the
Commission, as well as brokers, dealers, and investment companies
(collectively ``Covered Persons''). The release adopting Regulation S-
AM established an effective date of September 10, 2009, and a
compliance date of January 1, 2010.\2\
---------------------------------------------------------------------------

    \1\ Regulation S-AM: Limitations on Affiliate Marketing,
Securities Exchange Act Release No. 60423 (Aug. 9, 2009) [74 FR
40398 (Aug. 11, 2009)].
    \2\ Id.
---------------------------------------------------------------------------

    Two associations representing institutions that are subject to
Regulation S-AM have expressed, on behalf of their members, concerns
regarding the difficulties that their members are facing in complying
with the regulation.\3\ Specifically, the associations assert that the
period for compliance does not provide enough time to design, implement
and test the system changes that will be necessary to accommodate,
monitor and maintain opt out requests.
---------------------------------------------------------------------------

    \3\ See Comment Letters from the Investment Adviser Association
(Sept. 24, 2009) and the Investment Company Institute (Sept. 8,
2009). The comment letters are available for public inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE,
Washington, DC 20549 on official business days between the hours of
10 a.m. and 3 p.m. (File No. S7-29-04), and also are available on
the Commission's Internet Web site: http://www.sec.gov/rules/
proposed/s72904.shtml).
---------------------------------------------------------------------------

    While we have some concerns about the effect of an extension in
delaying the anticipated benefits of the regulation, the Commission is
persuaded that a limited extension of the compliance date for
Regulation S-AM is appropriate. Our judgment is based on the
representations made by the associations (whose members are required to
comply with the regulation and thus are in a position to assess the
level of difficulty and time involved in such compliance) and our
experience in overseeing the industry. We also believe that the
additional period for compliance would allow more Covered Persons to
combine or coordinate notices required under Regulation S-AM with
privacy notices required under the Gramm-Leach-Bliley Act and
Regulation S-P, which is specifically permitted under Section 624 of
the FCRA Act.\4\ Accordingly, the Commission believes it is appropriate
to extend the compliance date for Regulation S-AM to June 1, 2010. The

regulation's effective date of September 10, 2009 remains unchanged.
---------------------------------------------------------------------------

    \4\ See 15 U.S.C. 1681s-3(b). See also 15 U.S.C. 6801-6809
(Gramm-Leach-Bliley Act privacy provisions); 17 CFR Part 248
(Regulation S-P).
---------------------------------------------------------------------------

    The Commission finds that, for good cause and the reasons cited
above, including the brief length of the extension we are granting,
notice and solicitation of comment regarding the extension of the
compliance date for Regulation S-AM are impracticable, unnecessary, or
contrary to the public interest.\5\ In this regard, the Commission also
notes that Covered Persons need to be informed as soon as possible of
the extension and its length in order to plan and adjust their
implementation process accordingly.
---------------------------------------------------------------------------

    \5\ See Section 553(b)(3)(B) of the Administrative Procedure Act
(5 U.S.C. 553(b)(3)(B)) (``APA'') (an agency may dispense with prior
notice and comment when it finds, for good cause, that notice and
comment are ``impracticable, unnecessary, or contrary to the public
interest). The change to the compliance date is effective upon
publication in the Federal Register. This date is less than 30 days
after publication in the Federal Register, in accordance with the
APA, which allows effectiveness in less than 30 days after
publication for ``a substantive rule which grants or recognizes an
exemption or relieves a restriction.'' See 5 U.S.C. 553(d)(1).
---------------------------------------------------------------------------

    By the Commission.

    Dated: November 5, 2009.
Elizabeth M. Murphy,
Secretary.
[FR Doc. E9-27126 Filed 11-10-09; 8:45 am]

BILLING CODE 8011-01-P


CERTIFIED MAIL   Return Receipt Requested May 24, 2006 Director, Chemical Control Division Office of Pollution Prevention and Toxics EPA East Room 4146 US Environmental Protection Agency 1201 Constitution Avenue, NW Washington, DE 20004 Re: EPA   HQ   OPPT   2003  0012 DuPont Chambers Works NJPDES Permit No. NJ0005100 PFOA Data Submittal   Outfall DSN662 Weekly Grab Samples February 2006 Sample Data Dear Chemical Control Division,

As per Part IV, Section G. 5. a of the NJPDES permit, we are submitting a summary of PFOA analytical results for the weekly grab samples taken at internal outfall DSN662A to NJDEP on a monthly basis. Per your request, we are sending you two paper and two electronic copies of the report for samples taken during February 2006. We will continue to send you the reports each month.

If you have any questions, please do not hesitate to call me at ( 856) 540 3285.

Sincerely,

Richard S. Vickery SET Environmental Manager DuPont Chambers Works Enclosures cc.

Document Control Office Office of Pollution Prevention and Toxics EPA East Room 6428 US Environmental Protection Agency 1201 Constitution Avenue, NW Washington, DC 20004 Ms. Susan Rosenwinkel ( cover letter only) Principal Environmental Engineer NJDEP Division of Water Quality Bureau of Point Source Permitting   Region 2 401 E. State Street P. O. Box 029 Trenton, NJ 08625 0029


[Federal Register Volume 83, Number 96 (Thursday, May 17, 2018)]
[Notices]
[Pages 22983-22984]
[FR Doc No: 2018-10552]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-N-1561]

Anesthesiology and Respiratory Therapy Devices Panel of the
Medical Devices Advisory Committee; Notice of Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) announces a forthcoming
public advisory committee meeting of the Anesthesiology and Respiratory
Therapy Devices Panel of the Medical Devices Advisory Committee. The
general function of the committee is to provide advice and
recommendations to the Agency on FDA's regulatory issues. The meeting
will be open to the public.

DATES: The meeting will be held on June 14, 2018 from 8 a.m. to 6 p.m.

ADDRESSES: Gaithersburg Holiday Inn, Grand Ballroom, 2 Montgomery
Village Ave., Gaithersburg, MD 20879. The hotel's telephone number is
301-948-8900. Answers to commonly asked questions including information
regarding special accommodations due to a disability, visitor parking,
and transportation may be accessed at: https://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm408555.htm.

FOR FURTHER INFORMATION CONTACT: Evella Washington, Center for Devices
and Radiological Health, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 66, Rm. G640, Silver Spring, MD 20993-0002,
[email protected],<PHONE_NUMBER>, or FDA Advisory Committee
Information Line, 1-800-741-8138<PHONE_NUMBER> in the Washington, DC
area). A notice in the Federal Register about last minute modifications
that impact a previously announced advisory committee meeting cannot
always be published quickly enough to provide timely notice. Therefore,
you should always check the Agency's website at https://www.fda.gov/AdvisoryCommittees/default.htm and scroll down to the appropriate
advisory committee meeting link, or call the advisory committee
information line to learn about possible modifications before coming to
the meeting.

SUPPLEMENTARY INFORMATION:
    Agenda: The committee will discuss, make recommendations and vote
on information related to PneumRx, Inc.'s premarket approval
application for the PNEUMRX ELEVAIR Endobronchial Coil System, which is
a first of a kind implantable lung reduction coil for the proposed
indication for use in patients with homogeneous and/or heterogeneous
severe emphysema to improve quality of life, lung function, and
exercise capacity.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its website prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's website after the meeting. Background material is
available at https://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll down to the appropriate advisory committee meeting
link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
Written submissions may be made to the contact person on or before June
7, 2018. Oral presentations from the public will be scheduled between
approximately 1 p.m. and 2 p.m. Those individuals interested in making
formal oral presentations should notify the contact person and submit a
brief statement of the general nature of the evidence or arguments they
wish to present, the names and addresses of proposed participants, and
an indication of the approximate time requested to make their
presentation on or before May 30,

2018. Time allotted for each presentation may be limited. If the number
of registrants requesting to speak is greater than can be reasonably
accommodated during the scheduled open public hearing session, FDA may
conduct a lottery to determine the speakers for the scheduled open
public hearing session. The contact person will notify interested
persons regarding their request to speak by May 31, 2018.
    Persons attending FDA's advisory committee meetings are advised
that the Agency is not responsible for providing access to electrical
outlets.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
disabilities. If you require accommodations due to a disability, please
contact Artair Mallett at [email protected] or<PHONE_NUMBER> at
least 7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our website at https://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: May 10, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-10552 Filed 5-16-18; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 80, Number 119 (Monday, June 22, 2015)]
[Rules and Regulations]
[Pages 35577-35596]
[FR Doc No: 2015-15161]

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

Federal Motor Carrier Safety Administration

49 CFR Parts 383, 384 and 391

[Docket No. FMCSA-2012-0178]
RIN 2126-AB40

Medical Examiner's Certification Integration; Correction

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

ACTION: Final rule; correction.

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

SUMMARY: FMCSA makes corrections to a rule that appeared in the Federal
Register on April 23, 2015 (80 FR 22790). In that rule, FMCSA amended
the Federal Motor Carrier Safety Regulations (FMCSRs) to require
certified medical examiners (MEs) performing physical examinations of
commercial motor vehicle (CMV) drivers to use a newly developed Medical
Examination Report (MER) Form, MCSA-5875, in place of the current MER
Form and to use Form MCSA-5876 for the Medical Examiner's Certificate
(MEC); and report results of all CMV drivers' physical examinations
performed (including the results of examinations where the driver was
found not to be qualified) to FMCSA by midnight (local time) of the
next calendar day following the examination. That final rule was a
follow-on rule to the Medical Certification Requirements as Part of the
CDL rule final rule, published on December 1, 2008, and the National
Registry of Certified Medical Examiners final rule, published on April
20, 2012.

DATES: Effective June 22, 2015.

FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director,
Carrier, Driver, & Vehicle Safety Standards, Federal Motor Carrier
Safety Administration, 1200 New Jersey Avenue SE., Washington, DC
20590-0001, by telephone at<PHONE_NUMBER> or via email at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In FR Doc. 2015-09053, published on
Thursday, April 23, 2015 80 FR (22790) the following corrections are
made.

Corrections to the Preamble

    1. On page 22798, in the third column, in FMCSA's response to
comment number 8. Voiding the MEC, the first sentence under the heading
``FMCSA Response'' is corrected to read as follows:

    As explained in both the National Registry final rule (77 FR at
24108) and in the NPRM in this rulemaking (78 FR at 27348), under
the authority granted by 49 U.S.C. 31149(c)(2), FMCSA may void an
MEC issued to a CMV driver if it finds either that a Medical
Examiner has issued a certificate to a driver ``who fails to meet
the applicable standards at the time of the examination'' or ``that
a Medical Examiner has falsely claimed to have completed training in
physical and medical examination standards.''

    2. Beginning on page 22810, in the third column, and continuing on
page 22811, in the first column, in Sec.  383.73, paragraphs
(a)(2)(vii), (b)(5), (o)(1)(i)(A), and (o)(1)(ii)(A) are corrected to
read as follows:

Sec.  383.73 State procedures

    (a) * * *
    (2) * * *
    (vii)(A) Before June 22, 2018, for drivers who certified their type
of driving according to Sec.  383.71(b)(1)(i) (non-excepted interstate)
and, if the CLP applicant submits a current medical examiner's
certificate, date-stamp the medical examiner's certificate, and post
all required information from the medical examiner's certificate to the
CDLIS driver record in accordance with paragraph (o) of this section.
    (B) On or after June 22, 2018, for drivers who certified their type
of driving according to Sec.  383.71(b)(1)(i) (non-excepted interstate)
and, if FMCSA provides current medical examiner's

certificate information electronically, post all required information
matching the medical examiner's certificate to the CDLIS driver record
in accordance with paragraph (o) of this section.
    (b) * * *
    (5)(i) Before June 22, 2018, for drivers who certified their type
of driving according to Sec.  383.71(b)(1)(i) (non-excepted interstate)
and, if the CDL holder submits a current medical examiner's
certificate, date-stamp the medical examiner's certificate and post all
required information from the medical examiner's certificate to the
CDLIS driver record in accordance with paragraph (o) of this section.
    (ii) On or after June 22, 2018, for drivers who certified their
type of driving according to Sec.  383.71(b)(1)(i) (non-excepted
interstate) and, if FMCSA provides current medical examiner's
certificate information electronically, post all required information
matching the medical examiner's certificate to the CDLIS driver record
in accordance with paragraph (o) of this section.
* * * * *
    (o) * * *
    (1) * * *
    (i) * * *
    (A) Post the driver's self-certification of type of driving under
Sec.  383.71(b)(1) to the CDLIS driver record;
* * * * *
    (ii) * * *
    (A) Post the driver's self-certification of type of driving under
Sec.  383.71(b)(1) to the CDLIS driver record;
* * * * *

Part 391 Authority [Corrected]

    3. On page 22812, in the first column, the authority citation for
part 391 is corrected to read as follows:

    Authority: 49 U.S.C. 504, 508, 31133, 31136, 31149 and 31502;
sec. 4007(b), Pub. L. 102-240, 105 Stat, 1914, 2152; sec. 114, Pub.
L. 103-311, 108 Stat. 1673, 1677; sec. 215, Pub. L. 106-159, 113
Stat. 1748, 1767; and 49 CFR 1.87.

    4. On page 22812, beginning at the top of the second column and
continuing at the top of the third column, in Sec.  391.23, paragraphs
(m)(2)(i) and (m)(3) are corrected to read as follows:

Sec.  391.23 Investigation and inquiries.

* * * * *
    (m) * * *
    (2) Exception. For drivers required to have a commercial driver's
license under part 383 of this chapter:
    (i) Beginning January 30, 2015, using the CDLIS motor vehicle
record obtained from the current licensing State, the motor carrier
must verify and document in the driver qualification file the following
information before allowing the driver to operate a CMV:
    (A) The type of operation the driver self-certified that he or she
will perform in accordance with Sec.  383.71(b)(1) of this chapter.
    (B)(1) Beginning on May 21, 2014, and ending on June 22, 2018, that
the driver was certified by a medical examiner listed on the National
Registry of Certified Medical Examiners as of the date of medical
examiner's certificate issuance.
    (2) If the driver has certified under paragraph (m)(2)(i)(A) of
this section that he or she expects to operate in interstate commerce,
that the driver has a valid medical examiner's certificate and any
required medical variances.
    (C) Exception. Beginning on January 30, 2015 and until June 22,
2018, if the driver provided the motor carrier with a copy of the
current medical examiner's certificate that was submitted to the State
in accordance with Sec.  383.73(b)(5) of this chapter, the motor
carrier may use a copy of that medical examiner's certificate as proof
of the driver's medical certification for up to 15 days after the date
it was issued.
* * * * *
    (3) Exception. For drivers required to have a commercial learner's
permit under part 383 of this chapter:
    (i) Beginning July 8, 2015, using the CDLIS motor vehicle record
obtained from the current licensing State, the motor carrier must
verify and document in the driver qualification file the following
information before allowing the driver to operate a CMV:
    (A) The type of operation the driver self-certified that he or she
will perform in accordance with Sec.  383.71(b)(1) and (g) of this
chapter.
    (B)(1) Until June 22, 2018, that the driver was certified by a
medical examiner listed on the National Registry of Certified Medical
Examiners as of the date of medical examiner's certificate issuance.
    (2) If the driver has a commercial learner's permit and has
certified under paragraph (m)(3)(i)(A) of this section that he or she
expects to operate in interstate commerce, that the driver has a valid
medical examiner's certificate and any required medical variances.
    (C) Until June 22, 2018, if the driver provided the motor carrier
with a copy of the current medical examiner's certificate that was
submitted to the State in accordance with Sec.  383.73(a)(5) of this
chapter, the motor carrier may use a copy of that medical examiner's
certificate as proof of the driver's medical certification for up to 15
days after the date it was issued.
    (ii) Until July 8, 2015, if a driver operating in non-excepted,
interstate commerce has no medical certification status information on
the CDLIS MVR obtained from the current State driver licensing agency,
the employing motor carrier may accept a medical examiner's certificate
issued to that driver, and place a copy of it in the driver
qualification file before allowing the driver to operate a CMV in
interstate commerce.
    5. Beginning on page 22812, in the third column, and continuing to
page 22821, in the third column, in Sec.  391.43, paragraphs (f),
(g)(5)(ii), and (h) are corrected to read as follows:

Sec.  391.43 Medical examination; certificate of physical examination.

* * * * *
    (f)(1) Until December 22, 2015, the medical examination shall be
performed, and its results shall be recorded, substantially in
accordance with the following instructions and examination form.

Instructions for Performing and Recording Physical Examinations

    The medical examiner must be familiar with 49 CFR 391.41, Physical
qualifications for drivers, and should review these instructions before
performing the physical examination. Answer each question ``yes'' or
``no'' and record numerical readings where indicated on the physical
examination form.
    The medical examiner must be aware of the rigorous physical,
mental, and emotional demands placed on the driver of a commercial
motor vehicle. In the interest of public safety, the medical examiner
is required to certify that the driver does not have any physical,
mental, or organic condition that might affect the driver's ability to
operate a commercial motor vehicle safely.
    General information. The purpose of this history and physical
examination is to detect the presence of physical, mental, or organic
conditions of such a character and extent as to affect the driver's
ability to operate a commercial motor vehicle safely. The examination
should be conducted carefully and should at least include all of the
information requested in the following form. History of certain
conditions may be cause for rejection. Indicate the need for further
testing and/or require evaluation by a specialist. Conditions may be
recorded which do not, because of their character or degree, indicate
that certification of physical fitness should be denied. However, these
conditions should be discussed with the driver and he/she should be
advised to take the

necessary steps to insure correction, particularly of those conditions
which, if neglected, might affect the driver's ability to drive safely.
    General appearance and development. Note marked overweight. Note
any postural defect, perceptible limp, tremor, or other conditions that
might be caused by alcoholism, thyroid intoxication or other illnesses.
    Head-eyes. When other than the Snellen chart is used, the results
of such test must be expressed in values comparable to the standard
Snellen test. If the driver wears corrective lenses for driving, these
should be worn while driver's visual acuity is being tested. If contact
lenses are worn, there should be sufficient evidence of good tolerance
of and adaptation to their use. Indicate the driver's need to wear
corrective lenses to meet the vision standard on the Medical Examiner's
Certificate by checking the box, ``Qualified only when wearing
corrective lenses.'' In recording distance vision use 20 feet as
normal. Report all vision as a fraction with 20 as the numerator and
the smallest type read at 20 feet as the denominator. Monocular drivers
are not qualified to operate commercial motor vehicles in interstate
commerce.
    Ears. Note evidence of any ear disease, symptoms of aural vertigo,
or Meniere's Syndrome. When recording hearing, record distance from
patient at which a forced whispered voice can first be heard. For the
whispered voice test, the individual should be stationed at least 5
feet from the examiner with the ear being tested turned toward the
examiner. The other ear is covered. Using the breath which remains
after a normal expiration, the examiner whispers words or random
numbers such as 66, 18, 23, etc. The examiner should not use only
sibilants (s-sounding test materials). The opposite ear should be
tested in the same manner. If the individual fails the whispered voice
test, the audiometric test should be administered. For the audiometric
test, record decibel loss at 500 Hz, 1,000 Hz, and 2,000 Hz. Average
the decibel loss at 500 Hz, 1,000 Hz and 2,000 Hz and record as
described on the form. If the individual fails the audiometric test and
the whispered voice test has not been administered, the whispered voice
test should be performed to determine if the standard applicable to
that test can be met.
    Throat. Note any irremediable deformities likely to interfere with
breathing or swallowing.
    Heart. Note murmurs and arrhythmias, and any history of an enlarged
heart, congestive heart failure, or cardiovascular disease that is
accompanied by syncope, dyspnea, or collapse. Indicate onset date,
diagnosis, medication, and any current limitation. An electrocardiogram
is required when findings so indicate.
    Blood pressure (BP). If a driver has hypertension and/or is being
medicated for hypertension, he or she should be recertified more
frequently. An individual diagnosed with Stage 1 hypertension (BP is
140/90-159/99) may be certified for one year. At recertification, an
individual with a BP equal to or less than 140/90 may be certified for
one year; however, if his or her BP is greater than 140/90 but less
than 160/100, a one-time certificate for 3 months can be issued. An
individual diagnosed with Stage 2 (BP is 160/100-179/109) should be
treated and a one-time certificate for 3-month certification can be
issued. Once the driver has reduced his or her BP to equal to or less
than 140/90, he or she may be recertified annually thereafter. An
individual diagnosed with Stage 3 hypertension (BP equal to or greater
than 180/110) should not be certified until his or her BP is reduced to
140/90 or less, and may be recertified every 6 months.
    Lungs. Note abnormal chest wall expansion, respiratory rate, breath
sounds including wheezes or alveolar rales, impaired respiratory
function, dyspnea, or cyanosis. Abnormal finds on physical exam may
require further testing such as pulmonary tests and/or x-ray of chest.
    Abdomen and Viscera. Note enlarged liver, enlarged spleen, abnormal
masses, bruits, hernia, and significant abdominal wall muscle weakness
and tenderness. If the diagnosis suggests that the condition might
interfere with the control and safe operation of a commercial motor
vehicle, further testing and evaluation is required.
    Genital-urinary and rectal examination. A urinalysis is required.
Protein, blood or sugar in the urine may be an indication for further
testing to rule out any underlying medical problems. Note hernias. A
condition causing discomfort should be evaluated to determine the
extent to which the condition might interfere with the control and safe
operation of a commercial motor vehicle.
    Neurological. Note impaired equilibrium, coordination, or speech
pattern; paresthesia; asymmetric deep tendon reflexes; sensory or
positional abnormalities; abnormal patellar and Babinski's reflexes;
ataxia. Abnormal neurological responses may be an indication for
further testing to rule out an underlying medical condition. Any
neurological condition should be evaluated for the nature and severity
of the condition, the degree of limitation present, the likelihood of
progressive limitation, and the potential for sudden incapacitation. In
instances where the medical examiner has determined that more frequent
monitoring of a condition is appropriate, a certificate for a shorter
period should be issued.
    Spine, musculoskeletal. Previous surgery, deformities, limitation
of motion, and tenderness should be noted. Findings may indicate
additional testing and evaluation should be conducted.
    Extremities. Carefully examine upper and lower extremities and note
any loss or impairment of leg, foot, toe, arm, hand, or finger. Note
any deformities, atrophy, paralysis, partial paralysis, clubbing,
edema, or hypotonia. If a hand or finger deformity exists, determine
whether prehension and power grasp are sufficient to enable the driver
to maintain steering wheel grip and to control other vehicle equipment
during routine and emergency driving operations. If a foot or leg
deformity exists, determine whether sufficient mobility and strength
exist to enable the driver to operate pedals properly. In the case of
any loss or impairment to an extremity which may interfere with the
driver's ability to operate a commercial motor vehicle safely, the
medical examiner should state on the medical certificate ``medically
unqualified unless accompanied by a Skill Performance Evaluation
Certificate.'' The driver must then apply to the Field Service Center
of the FMCSA, for the State in which the driver has legal residence,
for a Skill Performance Evaluation Certificate under Sec.  391.49.
    Laboratory and other testing. Other test(s) may be indicated based
upon the medical history or findings of the physical examination.
    Diabetes. If insulin is necessary to control a diabetic driver's
condition, the driver is not qualified to operate a commercial motor
vehicle in interstate commerce. If mild diabetes is present and it is
controlled by use of an oral hypoglycemic drug and/or diet and
exercise, it should not be considered disqualifying. However, the
driver must remain under adequate medical supervision.
    Upon completion of the examination, the medical examiner must date
and sign the form, provide his/her full name, office address and
telephone number. The completed medical examination form shall be
retained on file at the office of the medical examiner.
BILLING CODE 4910-EX-C

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[GRAPHIC] [TIFF OMITTED] TR22JN15.007

    (2) On and after December 22, 2015, the medical examination shall
be performed, and its results shall be recorded on the Medical
Examination Report Form, MCSA-5875, set out below:

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[GRAPHIC] [TIFF OMITTED] TR22JN15.015

    (g) * * *
    (4) Beginning December 22, 2015, if the medical examiner finds that
the determination of whether the person examined is physically
qualified to operate a commercial motor vehicle in accordance with
Sec.  391.41(b) should be delayed pending the receipt of additional
information or the conduct of further examination in order for the
medical examiner to make such determination, he or she must inform the
person examined that the additional information must be provided or the
further examination completed within 45 days, and that the pending
status of the examination will be reported to FMCSA.
    (5) * * *
    (ii) Beginning on June 22, 2015, if the medical examiner does not
perform a medical examination of any driver who is required to be
examined by a medical examiner listed on the National Registry of
Certified Medical Examiners during any calendar month, the medical
examiner must report that fact to FMCSA, via a secure FMCSA-designated
Web site, by the close of business on the last day of such month.
    (h)(1) Until December 22, 2015, the medical examiner's certificate
shall be substantially in accordance with the following form.
[GRAPHIC] [TIFF OMITTED] TR22JN15.016

    (2) On and after December 22, 2015, the medical examiner's
certificate shall be completed in accordance with the following Form
MCSA-5876, Medical Examiner's Certificate.
[GRAPHIC] [TIFF OMITTED] TR22JN15.017

* * * * *

    Issued under the authority delegated in 49 CFR 1.87 on: June 12,
2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-15161 Filed 6-19-15; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 86, Number 67 (Friday, April 9, 2021)]
[Rules and Regulations]
[Pages 18445-18447]
[FR Doc No: 2021-07436]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2020-0235]
RIN 1625-AA09

Drawbridge Operation Regulation; Indiana Harbor Canal, East
Chicago, IN

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Final rule.

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

SUMMARY: The Coast Guard is modifying the operating schedule that
governs the Elgin, Joliet, and Eastern Railroad Bridge, mile 0.68, and
the Elgin, Joliet, and Eastern Railroad Bridge, mile 1.89, both over
the Indiana Harbor Canal near the town of East Chicago, IN. Canadian
National, the owner and operator of these bridges has requested to stop
continual drawtender service to both bridges and operate the bridges
only while trains are crossing the bridge.

DATES: This rule is effective May 10, 2021.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov. Type USCG-
2020-0235 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email: Mr. Lee D. Soule, Bridge Management Specialist, Ninth
Coast Guard District; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
IGLD85 International Great Lakes Datum of 1985
LWD Low Water Datum based on IGLD85
OMB Office of Management and Budget
NPRM Notice of proposed rulemaking (Advance, Supplemental)
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On August 5, 2020, we published in the Federal Register (85 FR
47328) a notice of proposed rulemaking. There we stated why we issued
the NPRM, and invited comments on our proposed regulatory action.
During the 60-day comment period, we received no comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
    All drawbridges over the Indiana Harbor Canal are required to open
on signal and there are no previous rulemakings to discuss. The Elgin,
Joliet, and Eastern Railroad Bridge, mile 0.68, and the Elgin, Joliet,
and Eastern Railroad Bridge, mile 1.89, both over the Indiana Harbor
Canal, currently open on signal and are manned by a drawtender at each
bridge.

IV. Discussion of Final Rule

    This rule will establish the procedures to move the bridges to
allow rail traffic to cross the bridge while giving notice to the
vessels transiting the waterway that the bridge will be lowering. Ten
minutes before the bridge is lowered for train traffic a crewmember
from the train will initiate a SECURITE call on VHF-FM Marine Channel
16 that the bridge will be lowering for train traffic and invite any
concerned mariners to contact the crewmember on VHF-FM Marine Channel
12. The crewmember will also visually monitor for vessel traffic and
listen for the standard bridge opening signal of one prolonged blast
and one short blast from vessels already transiting the waterway. After
the ten

minute warning, another SECURITE shall be made on VHF-FM Marine Channel
16 that the bridge will be lowering for rail traffic, five minutes
before lowering. Once the draw tender is satisfied that it is safe, the
bridge will be lowered for rail traffic. Once the rail traffic has
cleared the bridge, the bridge shall be raised and locked in the fully
open to navigation position.
    We did not receive any comments and do not intend to change
anything from the published NPRM.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, it has
not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the ability that
vessels can still transit the bridge because the bridge will only be
lowered for train traffic.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rule. The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a significant economic impact on a
substantial number of small entities.
    While some owners or operators of vessels intending to transit the
bridge may be small entities, for the reasons stated in section V.A
above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Government

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

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble. We published an NPRM in the Federal Register (85 FR
47328) with a 60-day comment period and did not receive any comments.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, Rev.1, associated implementing
instructions, and Environmental Planning Policy COMDTINST 5090.1
(series) which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). The
Coast Guard has determined that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This rule promulgates the operating
regulations or procedures for drawbridges and is categorically excluded
from further review, under paragraph L49, of Chapter 3, Table3-1 of the
U.S. Coast Guard Environmental Planning Implementation Procedures.
    Neither a Record of Environmental Consideration nor a Memorandum
for the Record are required for this rule.

G. Protest Activities

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

List of Subjects in 33 CFR Part 117

    Bridges.
    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

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

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

0
2. Add Sec.  117.400 to read as follows:

Sec.  117.400   Indiana Harbor Canal.

    (a) Elgin, Joliet, and Eastern Railroad Bridge, 0.68, over the
Indiana Harbor Canal need not have a drawtender in continued attendance
at the bridge. Ten

minutes before the bridge is lowered for train traffic a crewmember
from the train will initiate a SECURITE call on VHF-FM Marine Channel
16 that the bridge will be lowering for train traffic and invite any
concerned mariners to contact the crewmember on VHF-FM Marine Channel
12. The crewmember will also visually monitor for vessel traffic and
listen for the standard bridge opening signal of one prolonged blast
and one short blast from vessels already transiting the waterway. After
the ten minute warning, another SECURITE shall be made on VHF-FM Marine
Channel 16 that the bridge will be lowering for rail traffic, five
minutes before lowering. Once the draw tender is satisfied that it is
safe, the bridge will be lowered for rail traffic. Once the rail
traffic has cleared the bridge, the bridge shall be raised and locked
in the fully open to navigation position.
    (b) Elgin, Joliet, and Eastern Railroad Bridge, mile 1.89, over the
Indiana Harbor Canal need not have a drawtender in continued attendance
at the bridge. Ten minutes before the bridge is lowered for train
traffic a crewmember from the train will initiate a SECURITE call on
VHF-FM Marine Channel 16 that the bridge will be lowering for train
traffic and invite any concerned mariners to contact the crewmember on
VHF-FM Marine Channel 12. The crewmember will also visually monitor for
vessel traffic and listen for the standard bridge opening signal of one
prolonged blast and one short blast from vessels already transiting the
waterway. After the ten minute warning, another SECURITE shall be made
on VHF-FM Marine Channel 16 that the bridge will be lowering for rail
traffic, five minutes before lowering. Once the crewmember is satisfied
that it is safe, the bridge will be lowered for rail traffic. Once the
rail traffic has cleared the bridge, the bridge shall be raised and
locked in the fully open to navigation position.

D.L. Cottrell,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2021-07436 Filed 4-8-21; 8:45 am]
BILLING CODE 9110-04-P