[Federal Register: March 21, 2007 (Volume 72, Number 54)]
[Notices]
[Page 13279-13280]
[DOCID:fr21mr07-51]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2007-0144; FRL-8118-1]

Experimental Use Permit; Receipt of Application

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces receipt of an application 524-EUP-R from
Monsanto Company requesting an experimental use permit (EUP) for the
insect-protected soybean MON 87701. The Agency has determined that the
application may be of regional and national significance. Therefore, in
accordance with 40 CFR 172.11(a), the Agency is soliciting comments on
this application.

DATES: Comments must be received on or before April 20, 2007.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2007-0144 by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Building), 2777 S. Crystal Drive, Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2007-0144. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information

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

Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov web
site to view the docket index or access available documents. Although
listed in the index, some information is not publicly available, e.g.,
CBI or other information whose disclosure is restricted by statute.
Certain other material, such as copyrighted material, is not placed on
the Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available either in the
electronic docket at http://www.regulations.gov, or, if only available

in hard copy, at the OPP Regulatory Public Docket in Rm. S-4400, One
Potomac Yard (South Building), 2777 S. Crystal Drive, Arlington, VA.
The hours of operation of this Docket Facility are from 8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays. The Docket
telephone number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Mika J. Hunter, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:

(703) 308-0041; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general. This action may,
however, be of interest to those persons interested in agricultural
biotechnology or those who are or may be required to conduct testing of
chemical substances under the Federal Food, Drug, and Cosmetic Act
(FFDCA) or the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA). Since other entities may also be interested, the Agency has
not attempted to describe all the specific entities that may be
affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.

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

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

II. Background

    Monsanto Company has developed an insect-protected soybean, MON
87701, that produces the Cry1Ac protein to provide protection from
feeding damage from certain lepidopteran pests. The 524-EUP-R
application is for 56.0 acres of MON 87701 for the 2007 growing season.
This insect-protected soybean product has a limited fit in the United
States since only a small portion of the United States soybean
production acres are significantly and consistently affected by the
target lepidopteran pests. The purpose of growing MON 87701 in the
United States is to evaluate and further develop the product in support
of a planned commercialization in South America. A total of five trial
protocols will be conducted, including: Agronomic yield trials,
breeding and observation nursery trials, regulatory trials, efficacy
trials, and product development trials. States involved include:
Alabama, Arkansas, Georgia, Illinois, Indiana, Kansas, Louisiana,
Maryland, Mississippi, Missouri, North Carolina, Oklahoma, Puerto Rico,
South Carolina, Tennessee, Texas, and Virginia.

III. What Action is the Agency Taking?

    Following the review of the Monsanto Company application and any
comments and data received in response to this notice, EPA will decide
whether to issue or deny the EUP request for this EUP program, and if
issued, the conditions under which it is to be conducted. Any issuance
of an EUP will be announced in the Federal Register.

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

    The Agency's authority for taking this action is under FIFRA
section 5.

List of Subjects

    Environmental protection, Experimental use permits.

    Dated: March 8, 2007.
Janet L. Andersen,
Director, Biopesticides and Pollution Prevention Division, Office of
Pesticide Programs.

[FR Doc. E7-5027 Filed 3-20-07; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 78, Number 15 (Wednesday, January 23, 2013)]
[Notices]
[Pages 4978-4981]
[FR Doc No: 2013-01198]

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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2013-0002-N-2]

Proposed Agency Information Collection Activities; Comment
Request

AGENCY: Federal Railroad Administration, DOT.

ACTION: Notice.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995 and its
implementing regulations, the Federal Railroad Administration (FRA)
hereby announces that it is seeking renewal of the following currently
approved information collection activities. Before submitting these
information collection requirements for clearance by the Office of
Management and Budget (OMB), FRA is soliciting public comment on
specific aspects of the activities identified below.

DATES: Comments must be received no later than March 25, 2013.

ADDRESSES: Submit written comments on any or all of the following
proposed activities by mail to either: Mr. Robert Brogan, Office of
Safety, Planning and Evaluation Division, RRS-21, Federal Railroad
Administration, 1200 New Jersey Ave. SE., Mail Stop 25, Washington, DC
20590, or Ms. Kimberly Toone, Office of Information Technology, RAD-20,
Federal Railroad Administration, 1200 New Jersey Ave. SE., Mail Stop
35, Washington, DC 20590. Commenters requesting FRA to acknowledge
receipt of their respective comments must include a self-addressed
stamped postcard stating, ``Comments on OMB control number 2130-----.''
Alternatively, comments may be transmitted via facsimile to (202) 493-
6216 or<PHONE_NUMBER>, or via email to Mr. Brogan at
<EMAIL_ADDRESS>or to Ms. Toone at<EMAIL_ADDRESS>Please
refer to the assigned OMB control number in any correspondence
submitted. FRA will summarize comments received in response to this
notice in a subsequent notice and include them in its information
collection submission to OMB for approval.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Brogan, Office of Planning
and Evaluation Division, RRS-21, Federal Railroad Administration, 1200
New Jersey Ave. SE., Mail Stop 25, Washington, DC 20590 (telephone:
(202) 493-6292) or Ms. Kimberly Toone, Office of Information
Technology, RAD-20, Federal Railroad Administration, 1200 New Jersey
Ave. SE., Mail Stop 35,

Washington, DC 20590 (telephone:<PHONE_NUMBER>). (These telephone
numbers are not toll-free.)

SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act of 1995 (PRA),
Pub. L. No. 104-13, Sec.  2, 109 Stat. 163 (1995) (codified as revised
at 44 U.S.C. 3501-3520), and its implementing regulations, 5 CFR Part
1320, require Federal agencies to provide 60-days notice to the public
for comment on information collection activities before seeking
approval for reinstatement or renewal by OMB. 44 U.S.C. 3506(c)(2)(A);
5 CFR 1320.8(d)(1), 1320.10(e)(1), 1320.12(a). Specifically, FRA
invites interested respondents to comment on the following summary of
proposed information collection activities regarding (i) whether the
information collection activities are necessary for FRA to properly
execute its functions, including whether the activities will have
practical utility; (ii) the accuracy of FRA's estimates of the burden
of the information collection activities, including the validity of the
methodology and assumptions used to determine the estimates; (iii) ways
for FRA to enhance the quality, utility, and clarity of the information
being collected; and (iv) ways for FRA to minimize the burden of
information collection activities on the public by automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology (e.g., permitting electronic
submission of responses). See 44 U.S.C. 3506(c)(2)(A)(i)-(iv); 5 CFR
1320.8(d)(1)(i)-(iv). FRA believes that soliciting public comment will
promote its efforts to reduce the administrative and paperwork burdens
associated with the collection of information mandated by Federal
regulations. In summary, FRA reasons that comments received will
advance three objectives: (i) Reduce reporting burdens; (ii) ensure
that it organizes information collection requirements in a ``user
friendly'' format to improve the use of such information; and (iii)
accurately assess the resources expended to retrieve and produce
information requested. See 44 U.S.C. 3501.
    Below are brief summaries of the two currently approved information
collection activities that FRA will submit for clearance by OMB as
required under the PRA:
    Title: Track Safety Standards.
    OMB Control Number: 2130-0010.
    Abstract: Qualified persons inspect track and take action to allow
safe passage of trains and ensure compliance with prescribed Track
Safety Standards. In August 2009, FRA amended the Track Safety
Standards to promote the safety of railroad operations over continuous
welded rail (CWR). In particular, FRA promulgated specific requirements
for the qualification of persons designated to inspect CWR track, or
supervise the installation, adjustment, or maintenance of CWR track.
FRA also clarified the procedure associated with the submission of CWR
plans to FRA by track owners. The final specified that these plans
should add focus on inspecting CWR for pull-apart prone conditions, and
on CWR joint installation and maintenance procedures. The final rule
also made other changes to the requirements governing CWR.
    Form Number(s): FRA F 6180.124.
    Affected Public: Businesses.
    Respondent Universe: 728 railroads.
    Frequency of Submission: On occasion.
    Affected Public: Businesses.
    Reporting Burden:

----------------------------------------------------------------------------------------------------------------
                                                             Total annual      Average time per    Total annual
            CFR Section             Respondent universe       responses            response        burden hours
----------------------------------------------------------------------------------------------------------------
213.14--Excepted Track--            200 railroads......  20 orders..........  15 minutes........               5
 Identification.
    --Notification to FRA--Removal  200 railroads......  15 notices.........  10 minutes........               3
     of Track Segment From
     Excepted Statutes.
213.5--Responsibility of Track      728 railroads......  19 notices.........  8 hours...........              80
 Owners--Assignment to Another
 Person--Notice to FRA.
213.7--Designation of Qualified     728 railroads......  1,500 names........  10 minutes........             250
 Persons to Supervise Certain
 Renewals and Inspect Track.
    --Individuals Designated under  728 railroads......  80,000 trained       90 minutes........         120,000
     paragraphs (a) or (b) of this                        employees.
     section who inspect CWR and
     have completed CWR Training
     Course.
    --Employees authorized by       31 railroads.......  80,000 auth. +       70 minutes........          93,333
     Track Owner to prescribe CWR                         80,000 exams.
     Remedial Actions.
    --Designations (Partially       31 railroads.......  250 names..........  10 minutes........              42
     Qualified under Paragraph c).
213.17--Waiver Petitions..........  728 railroads......  6 petitions........  24 hours..........             144
213.57--Curves; Elevations & Speed  728 railroads......  2 requests.........  40 hours..........              80
 Limits--Requests for higher
 curving speeds.
    --Implementation Notification   728 railroads......  2 notifications....  45 minutes........               2
     to FRA.
    --Requests For FRA Approval--   1 railroad.........  2 test plans.......  16 hours..........              32
     Test Plans.
213.110--Gage Restraint Meas.       728 railroads......  5 notices + 1 tech.  45 minutes + 4                   8
 Systems--Implementing GRMS--                             report.              hours.
 Notice to FRA and Technical
 Report.
    --GRMS Output Reports.........  728 railroads......  50 reports.........  5 minutes.........               4
    --GRMS Exception Reports......  728 railroads......  50 reports.........  5 minutes.........               4
    --Procedures for Maintaining    728 railroads......  4 procedures.......  2 hours...........               8
     GRMS Data.
    --GRMS Training to Qualified    728 railroads......  2 tr. programs + 5   16 hours..........             112
     Employees.                                           sessions.
    --GRMS Inspections--Two Most    728 railroads......  50 records.........  2 hours...........             100
     Recent Records.
213.118--Continuous Weld Rail       728 railroads......  728 revised plans..  4 hours...........           2,912
 (CWR)--Track Owner Plans to FRA.
    --Notice to FRA & to Affected   728 railroads......  728 notices +        15 minutes + 2               2,849
     Employees of Plan's Effective                        80,000 notices.      minutes.
     Date.
    --FRA Required Revisions to     728 railroads......  20 revisions.......  2 hours...........              40
     CWR Plans.
    --Further FRA Amendments to     728 railroads......  20 plans...........  1 hour............              20
     CWR Plans--Annual Retraining
     of CWR Employees.
213.119--Continuous Weld Rail       239 railroads......  12,000 reports.....  10 minutes........           2,000
 (CWR)--Fracture Reports.
    --Petition to FRA to Conduct    1 RR Association...  1 petition.........  15 minutes........             .25
     Technical Conference on
     Fracture Report Data.

    --Comprehensive CWR Training    239 railroads......  240 amended          60 minutes........             240
     Program for Employees Needing                        programs.
     Annual Retraining.
    --Annual Retraining of CWR      31 railroads.......  80,000 workers.....  30 minutes........          40,000
     Employees.
    --Records of CWR Installations  239 railroads......  2,000 records......  10 minutes........             333
     and CWR Maintenance.
    --Records of Rail Joint         239 railroads......  360,000 rcds.......  2 minutes.........          12,000
     Inspections.
    --Records of CWR Periodic       239 railroads......  480,000 rcds.......  1 minute..........           8,000
     Inspections.
    --CWR Procedures Manual.......  728 railroads......  239 Manuals........  10 minutes........              40
213.233--Track Inspections by       728 railroads......  12,500 notations...  1 minute..........             208
 Person/Vehicle--Records.
213.241--Track and Rail Inspection  728 railroads......  1,542,089 records..  Varies with              1,723,941
 Records.                                                                      Inspection Type.
213.303--Responsibility for         2 railroads........  1 notice...........  8 hours...........               8
 Compliance--High Speed Track:
 Notice to FRA of Assignment of
 Responsibility.
213.305--Designation of Fully       2 railroads........  150 designations...  10 minutes........              25
 Qualified Individuals.
    --Designation of Partially      2 railroads........  15 designations....  10 minutes........               3
     Qualified Individuals.
213.317--Waiver Petitions.........  2 railroads........  1 petition.........  80 hours..........              80
213.329--Curves, Elevation, and     2 railroads........  3 notifications....  40 hours..........             120
 Higher Speed Limits--Notification
 to FRA of Passenger/Commuter
 Equipment Operating at Higher
 Curving Speeds.
    --Notification to FRA of        2 railroads........  3 notifications....  45 minutes........               2
     Service Over More than One
     Track by Passenger or
     Commuter Service Operator.
213.333--Automated Vehicle          3 railroads........  18 reports.........  20 hours..........             360
 Inspection Systems: Track
 Geometry Measurement System
 Output Reports.
    --Exception Printouts.........  2 railroads........  13 printouts.......  20 hours..........             260
213.341--Initial Inspection--New    2 railroads........  2 reports..........  16 hours..........              32
 Rail and Welds: Mill Inspection--
 Report.
    --Welding Plant Inspection--    2 railroads........  2 reports..........  16 hours..........              32
     Report.
    --Inspection of Field Welds--   2 railroads........  125 records........  20 minutes........              42
     Records.
213.343--Continuous Weld Rail--     2 railroads........  150 records........  10 minutes........             253
 History--Records.
213.345--Vehicle Qualification      1 railroad.........  2 reports..........  560 hours.........           1,120
 Testing--Results/Records.
213.347--Automotive or RR Crossing  1 railroad.........  2 plans............  8 hours...........              16
 at Grade--Protection Plans.
213.369--Inspection Records.......  2 railroads........  500 records........  1 minute..........               8
    --Inspection Records of         2 railroads........  50 records.........  5 minutes.........               4
     Defects and Remedial Actions.
----------------------------------------------------------------------------------------------------------------

    Total Responses: 2,813,581.
    Total Estimated Total Annual Burden: 1,957,927 hours.
    Type of Request: Extension of a Currently Approved Collection.
    Title: Passenger Train Emergency Preparedness.
    OMB Control Number: 2130-0545.
    Abstract: The collection of information is due to the passenger
train emergency regulations set forth in 49 CFR parts 223 and 239 which
require railroads to meet minimum Federal standards for the
preparation, adoption, and implementation of emergency preparedness
plans connected with the operation of passenger trains, including
freight railroads hosting operations of rail passenger service. The
regulations require luminescent or lighted emergency markings so that
passengers and emergency responders can readily determine where the
closest and most accessible exit routes are located and how the
emergency exit mechanisms are operated. Windows and doors intended for
emergency access by responders for extrication of passengers must be
marked with retro-reflective material so that emergency responders,
particularly in conditions of poor visibility, can easily distinguish
them from the less accessible doors and windows. Records of the
inspection, maintenance, and repair of emergency windows and door
exits, as well as records of operational efficiency tests, will be used
to ensure compliance with the regulations.
    Form Number(s): N/A.
    Affected Public: Businesses.
    Respondent Universe: 25 railroads.
    Frequency of Submission: On occasion.
    Reporting Burden:

----------------------------------------------------------------------------------------------------------------
                                                            Total annual       Average time per    Total annual
           CFR Section             Respondent universe       responses             response        burden hours
----------------------------------------------------------------------------------------------------------------
239.13--Waiver Petitions.........  25 railroads.......  1 petition.........  20 hours...........              20
239.107--Marking of Emergency      25 railroads.......  6,525 labels.......  10 minutes.........             706
 Window and Door Exits on New
 Passenger Cars.
    --Replacement Markings/Decals  25 railroads.......  6,320 decals/1,300   5 minutes/10                    744
     on Emergency Window and Door                        decals.              minutes.
     Exits.
    --Records of Inspections.....  25 railroads.......  1,800 window tests/  20 minutes.........           1,000
                                                         records + 1,200
                                                         door test records.
239.101/201/203--Filing of         3 railroads........  1 EPP..............  158 hours..........             158
 Emergency Preparedness Plan
 (EPP).
    --Amendments to Emergency      15 railroads.......  5 amendments.......  8 hours............              40
     Preparedness Plan.

239.101(a)(1)(ii)--Maintenance of  2 railroads........  2 current lists....  1 hour.............               2
 Current Emergency Telephone
 Numbers.
239.101(a)(3)--Joint Operations    5 railroad pairs...  1 joint plan.......  16 hours...........              16
 by Railroads --Joint Emergency
 Preparedness Plan (EPP).
239.101(a)(5)--Liaison with        25 railroads.......  25 updated plans...  40 hours...........           1,000
 Emergency Responders--Updated
 Plans Containing Emergency
 Responder Liaison Information.
239.101(a)(7)(ii)--Passenger       3 new railroads/3    1,300 cards/3 plans/ 5 minutes/16 hours/             396
 Safety Information--Plans and      commuter railroads.  3 safety messages/   48 hours/8 hours/
 Posting of Safety Awareness                             3 plans/3 safety     24 hours.
 Messages.                                               messages.
239.105--Debriefing and Critique   25 railroads.......  44 debriefing/       27 hours...........           1,188
 After Each Passenger Train                              critique sessions.
 Emergency Situation or Full
 Scale Simulation.
239.301--Operational (Efficiency)  25 railroads.......  25,000 tests/        15 minutes.........           6,250
 Tests of On-board and Control                           records.
 Center Employees and Records of
 Tests.
----------------------------------------------------------------------------------------------------------------

    Total Responses: 43,536.
    Total Estimated Annual Burden: 11,520 hours.
    Type of Request: Extension of a Currently Approved Collection.
    Pursuant to 44 U.S.C. 3507(a) and 5 CFR 1320.5(b),
1320.8(b)(3)(vi), FRA informs all interested parties that it may not
conduct or sponsor, and a respondent is not required to respond to, a
collection of information unless it displays a currently valid OMB
control number.

    Authority: 44 U.S.C. 3501-3520.

    Issued in Washington, DC on January 15, 2013.
Rebecca Pennington,
Chief Financial Officer, Federal Railroad Administration.
[FR Doc. 2013-01198 Filed 1-22-13; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 85, Number 129 (Monday, July 6, 2020)]
[Proposed Rules]
[Pages 40156-40158]
[FR Doc No: 2020-13998]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2020-0122; FRL-10011-39-Region 9]

Air Plan Approval; California; Butte County; El Dorado County;
Mojave Desert Air Quality Management District; San Diego County;
Ventura County

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Butte County Air Quality Management District
(BCAQMD), El Dorado County Air Quality Management District (EDCAQMD),
Mojave Desert Air Quality Management District (MDAQMD), San Diego
County Air Pollution Control District (SDCAPCD) and Ventura County Air
Pollution Control District (VCAPCD) portions of the California State
Implementation Plan (SIP). These revisions concern rules that include
definitions for certain terms that are necessary for the implementation
of local rules that regulate sources of air pollution. We are proposing
to approve the definitions rules under the Clean Air Act (CAA or the
Act). We are taking comments on this proposal and plan to follow with a
final action.

DATES: Comments must be received on or before August 5, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2020-0122 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: Arnold Lazarus, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone:<PHONE_NUMBER> or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.
---------------------------------------------------------------------------

    \1\ CARB submitted the amendment to BCAQMD Rule 101
electronically on May 23, 2018. CARB's submittal letter is dated May
18, 2018.
    \2\ The BCAQMD amended Rule 101 on this date but took no action
on Rule 102. The date is from Enclosure A to CARB Executive Order S-
18-004, May 18, 2018, which is included in CARB's May 23, 2018 SIP
submittal.
    \3\ CARB submitted the rescission of BCAQMD Rule 102
electronically on May 23, 2018. CARB's submittal letter is dated May
18, 2018.
    \4\ CARB submitted the amendment to MDAQMD Rule 102
electronically on August 19, 2019. CARB's submittal letter is dated
August 16, 2019.
    \5\ CARB submitted the amendment to VCAPCD Rule 2 electronically
on August 19, 2019. CARB's submittal letter is dated August 16,
2019.
---------------------------------------------------------------------------

Table of Contents

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

I. The State's Submittal

A. What rules did the State submit?

    Table 1 lists the rules addressed by this proposal with the dates
that they were adopted by the local air agencies and submitted by the
California Air Resources Board (CARB) to the EPA.

                                            Table 1--SUBMITTED RULES
----------------------------------------------------------------------------------------------------------------
                                                                                Amended /
        Local agency              Rule #         Rule title       Rescinded         revised         Submitted
----------------------------------------------------------------------------------------------------------------
BCAQMD......................             101  Definitions....  ...............  12/14/2017.....  \1\ 5/23/2018
BCAQMD......................             102  Definitions....  \2\ 12/14/17...  ...............  \3\ 5/23/2018

EDCAQMD.....................             101  General          ...............  6/20/2017......  8/9/2017
                                               Provisions and
                                               Definitions.
MDAQMD......................             102  Definition of    ...............  1/28/2019......  \4\ 8/19/2019
                                               Terms.
SDCAPCD.....................               2  Definitions....  ...............  7/11/2017......  11/13/2017
VCAPCD......................               2  Definitions....  ...............  4/9/2019.......  \5\ 8/19/2019
----------------------------------------------------------------------------------------------------------------

    Under CAA section 110(k)(1), the EPA must determine whether a SIP
submittal meets the minimum completeness criteria established in 40 CFR
part 51, appendix V for an official SIP submittal on which the EPA is
obligated to take action. If the EPA does not make an affirmative
determination of completeness or incompleteness within six months of
receipt of a SIP submittal, the submittal is deemed to be complete by
operation of law. The submitted rules listed in Table 1 were deemed
complete by operation of law on the following dates: February 9, 2018
(EDCAQMD Rule 101), May 13, 2018 (SDCAPCD Rule 2), November 23, 2018
(BCAQMD Rule 101 and rescission of BCAQMD Rule 102), and February 19,
2020 (MDAQMD Rule 102 and VCAPCD Rule 2).

B. Are there other versions of these rules?

    We approved an earlier version of BCAQMD Rule 101 into the SIP on
June 11, 2015 (80 FR 33195).\6\ The BCAQMD adopted revisions to the
SIP-approved version on December 14, 2017, and CARB submitted them to
us on May 23, 2018. We approved BCAQMD Rule 102 into the SIP on
February 3, 1987 (52 FR 3226). Most of the definitions in BCAQMD Rule
102 have been superseded by approval of the definitions in BCAQMD Rule
101 and Rule 300 (``Open Burning Requirements, Prohibitions, and
Exemptions'').\7\ The only remaining defined terms in BCAQMD Rule 102
are ``submerged fill pipe'' and ``vapor recovery system.''
---------------------------------------------------------------------------

    \6\ See also 80 FR 59610 (October 2, 2015) (correcting amendment
for June 11, 2015 final rule).
    \7\ We approved BCAQMD Rule 300 at 80 FR 38966 (July 8, 2015).
---------------------------------------------------------------------------

    We approved an earlier version of EDCAQMD Rule 101 into the SIP on
October 10, 2001 (66 FR 51578). The EDCAQMD adopted revisions to the
SIP-approved version on June 20, 2017, and CARB submitted them to us on
August 9, 2017.
    We approved an earlier version of MDAQMD Rule 102 into the SIP on
July 2, 2019 (84 FR 31682). The MDAQMD adopted revisions to the SIP-
approved version on January 28, 2019, and CARB submitted them to us on
August 19, 2019.
    We approved an earlier version of SDCAPCD Rule 2 into the SIP on
June 21, 2017 (82 FR 28240). The SDCAPCD adopted revisions to the SIP-
approved version on July 11, 2017, and CARB submitted them to us on
November 13, 2017.
    We approved an earlier version of VCAPCD Rule 2 into the SIP on
December 7, 2012 (77 FR 72968). The VCAPCD adopted revisions to the
SIP-approved version on April 9, 2019, and CARB submitted them to us on
August 19, 2019.

C. What is the purpose of the submitted rule revisions?

    The purpose of these submitted rule revisions is to clarify and
update definitions in the districts' rules. Revisions include the
following, but a more complete list and discussion can be found in the
technical support documents (TSDs) and submitted district staff reports
and rules for this rulemaking:
     BCAQMD Rule 101 revisions include removal of Global
Warming Potentials table, updating the Exempt Compounds table to be
consistent with the definition of ``volatile organic compounds'' (VOC)
in 40 CFR 51.100(s), removing greenhouse gases (GHG) and carbon dioxide
equivalent emissions from the major source definition and adding
definitions for ``Submerged Fill Pipe'' and ``Vapor Recovery System.''
In its submittal letter to CARB, BCAQMD also requests that BCAQMD Rule
102 be rescinded from the SIP,\8\ and CARB included the BCAQMD's
rescission request in its May 23, 2018 SIP submittal to the EPA.
---------------------------------------------------------------------------

    \8\ See letter from Jason Mandly, Associate Air Quality Planner,
BCAQMD, to Carol Sutkus, CARB, dated January 9, 2018.
---------------------------------------------------------------------------

     EDCAQMD Rule 101 revisions include updating the district's
title (previously known as El Dorado Air Pollution Control District),
updating the exempt compounds list and adding or revising definitions
for ``Global Warming Potential,'' Greenhouse Gases'', ``Owner or
Operator,'' ``PM2.5,'' ``Responsbile Official,'' and ``Short
Lived Climate Pollutants,'' and ``Volatile Organic Compounds.''
     MDAQMD Rule 102 revisions include the addition of
definitions that had been included in other MDAQMD rules, the
renumbering of the definitions, and the addition of certain definitions
associated with CARB's Airborne Toxic Control Measure to reduce
emissions of hexavalent chromium and nickel from thermal spraying.
Definitions added include ``Agricultural Facility'', ``Confined Animal
Facility'', ``Detonation Gun Spraying'', ``Flame Spraying'', ``High-
Velocity Oxy-Fuel Spraying'', ``Plasma Spraying'', ``Thermal Spraying
Operation'', ``Twin-Wire Electric Arc Spraying'', and ``Volatile
Organic Compound''. In its submittal letter to CARB, MDAQMD also
requests that CARB submit amended Rule 102 to replace the SIP versions
of the rule that are in effect in the San Bernardino County and the
Blythe/Palo Verde Valley portions of the District.\9\ We have already
responded to this request through final action on an earlier version of
MDAQMD Rule 102.\10\
---------------------------------------------------------------------------

    \9\ See letter from Alan J. De Salvio, Deputy Director, Mojave
Desert Operations, MDAQMD, to Carol Sutkus, CARB, dated April 11,
2019.
    \10\ 84 FR 31682 (July 2, 2019).
---------------------------------------------------------------------------

     SDCAPCD Rule 2 revisions include adding the Chemical
Abstract Service (CAS) Registry Number to each of the compounds in the
table of ``exempt compounds'' at the end of Rule 2. ``Exempt
compounds'' are excluded from the definition of ``volatile organic
compounds.''
     VCAPCD Rule 2 revisions include the addition of nine
compounds to the list of ``exempt organic compounds,'' as defined in
Rule 2. The revisions also include the addition of CAS Registry Numbers
to various compounds included in the list of ``exempt organic
compounds,'' and the removal of the Global Warming Potential Table at
the end of Rule.

II. The EPA's Evaluation and Action

A. How is the EPA evaluating the rules?

    Rules in the SIP must be enforceable (see CAA section 110(a)(2)),
must not

interfere with applicable requirements concerning attainment and
reasonable further progress or other CAA requirements (see CAA section
110(l)), and must not modify certain SIP control requirements in
nonattainment areas without ensuring equivalent or greater emissions
reductions (see CAA section 193).
    Guidance and policy documents that we used to evaluate
enforceability, revision/relaxation and rule stringency requirements
for the applicable criteria pollutants 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 ``Issues Relating to VOC Regulation Cutpoints, Deficiencies,
and Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January
11, 1990).
    3. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).

B. Do the rules meet the EPA's evaluation criteria?

    These rules are consistent with CAA requirements and relevant
guidance regarding enforceability. More specifically, the revisions to
the definitions rules with respect to the list of ``exempt compounds''
that are exluded from the districts' definitions of ``volatile organic
compounds'' are consistent with the definition of ``volatile organic
compounds'' in 40 CFR 51.100(s). The deletions of certain GHG-related
provisions from certain definitions rules are acceptable in light of
recent court decisions involving GHG permitting. With respect to the
rescission request for BCAQMD Rule 102, we find that the May 23, 2018
SIP submittal does not include sufficient public process documentation
to approve the request; however, approval of amended BCAQMD Rule 101,
which we propose herein, will have the effect of superseding BCAQMD
Rule 102 in the applicable SIP because the two remaining definitions
from Rule 102 will be incorporated into Rule 101 if we finalize the
action as proposed. The TSDs have more information on our evaluation.

C. The EPA Recommendations to Further Improve the Rules

    The TSDs include recommendations for the next time the local
agencies modify their rules.

D. Public Comment and Proposed Action

    Pursuant to section 110(k)(3) of the Act, the EPA proposes to fully
approve the submitted rules because they fulfill all relevant
requirements. We will accept comments from the public on this proposal
until August 5, 2020. If we take final action to approve the submitted
rules, our final action will incorporate these rules into the federally
enforceable SIP.

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 BCAQMD's, the EDAQMD's, the MDAQMD's, the SDCAPCD's and
the VCAPCD's rules described in Table 1 of this preamble. The EPA has
made, and will continue to make, these materials available through
https://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

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this proposed action merely proposes to approve state law
as meeting federal requirements and does 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 Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     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 Clean Air Act; and
     Does not provide the EPA with the discretionary authority
to address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
    In addition, 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. In those areas of
Indian country, the proposed rule does not have tribal implications and
will not impose substantial direct costs on tribal governments or
preempt tribal law as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000).

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, Volatile
organic compounds.

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

    Dated: June 23, 2020.
John Busterud,
Regional Administrator, Region IX.
[FR Doc. 2020-13998 Filed 7-2-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 84 (Tuesday, May 4, 2021)]
[Rules and Regulations]
[Pages 23609-23610]
[FR Doc No: 2021-09306]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2020-0603]
RIN 1625-AA09

Drawbridge Operation Regulation; Hackensack River, Jersey City,
NJ

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is modifying the operating schedule that
governs the Route 7 Bridge, across the Hackensack River, mile 3.1, at
Jersey City, NJ. The bridge owner, New Jersey Department of
Transportation (NJDOT), submitted a request to allow the bridge to
require four hours advance notice for bridge openings. This final rule
would create efficiency in drawbridge operations and better serve the
needs of the community while continuing to meet the reasonable needs of
navigation.

DATES: This rule is effective June 3, 2021.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov. Type USCG-
2020-0603 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 Ms. Judy Leung-Yee, First Coast Guard District, Project
Officer, telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
NJDOT New Jersey Department of Transportation
DHS Department of Homeland Security
FR Federal Register
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 November 19, 2020, the Coast Guard published a Notice of
Proposed Rulemaking entitled Drawbridge Operation Regulation;
Hackensack River, Jersey City, NJ in the Federal Register (85 FR
73667). There we stated why we issued the NPRM, and invited comments on
our proposed regulatory action related to this regulatory change.
During the comment period that ended on January 19, 2021, we received
no comments in response to the NPRM.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under the authority of 33
U.S.C. 499.
    The new Route 7 Bridge at mile 3.1 over the Hackensack River at
Jersey City, New Jersey, is currently under construction and will have
a vertical clearance of 70 feet at mean high water in the closed
position and 135 feet at mean high water in the open position.
Horizontal clearance is approximately 158 feet. The existing Route 7
Bridge over the Hackensack River has a vertical clearance of 35 feet at
mean high water in the closed position and 135 feet at mean high water
in the open position. Horizontal clearance is approximately 158 feet.
    The waterway users include recreational and commercial vessels
including tugboat/barge combinations.
    The existing regulation, 33 CFR 117.723(k) published under Federal
Register 85 FR 8747, effective April 19, 2020, requires the existing
bridge open on signal; except that, from 11 p.m. to 7 a.m., the draw
shall open on signal if at least two hours advance notice is given by
calling the number posted at the bridge.
    In August of 2020, the owner of the bridge, New Jersey Department
of Transportation, requested a change to the drawbridge operation
regulations to the new bridge. The owner anticipates a lower volume of
bridge openings given that the new bridge's vertical clearance in the
closed position will be double the clearance of the existing bridge.
    Under this rule, the new draw would open on signal when at least
four hours advance notice is given by calling the number posted at the
bridge. This rule change will allow for more efficient and economic
operation of the bridge while meeting the reasonable needs of
navigation. The Coast Guard is proposing this rulemaking under
authority in 33 U.S.C. 499.
    The bridge logs show that the Route 7 Bridge had 16 annual openings
in 2018, 10 annual openings in 2019, and 6 annual openings in 2020
(through 6/19/2020).

IV. Discussion of Comments, Changes and the Final Rule

    The Coast Guard provided 60 days for comment regarding this rule
and no comments in the docket were received.
    There are no changes in the regulatory text of this rule from the
proposed rule in the NPRM.
    The final rule provides that the Route 7 Bridge shall open on
signal when at least four hours advance notice is given by calling the
number posted at the bridge. It is the Coast Guard's opinion that the
rule meets the reasonable needs of marine traffic.
    Both existing and new bridges will be operated under the current
operating schedule until the existing bridge is demolished/removed at
which point this final rule will take effect.

V. Regulatory Analyses

    The Coast Guard 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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. 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) and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    The Coast Guard believes this rule is not a significant regulatory
action. The bridge will still open for all vessel traffic after a four-
hour advance notice is given. We believe that this change to the
drawbridge operation regulations at 33 CFR 117.723 will meet the
reasonable needs of navigation.

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 comment 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.
    The new Route 7 Bridge provides 70 feet of vertical clearance at
mean high water that should accommodate most of the present vessel
traffic, except for deep draft vessels. The new bridge will open on
signal for any vessel when at least four hours advance notice is given
by calling the number posted at the bridge. 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.

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, Table 3-1 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; Department of Homeland
Security Delegation No. 0170.1.

0
2. Revise Sec.  117.723(k) to read as follows:

Sec.  117.723  Hackensack River.

* * * * *
    (k) The draw of the Route 7 Bridge, mile 3.1, at Jersey City, shall
open on signal if at least four hours advance notice is given by
calling the number posted at the bridge.

    Dated: April 27, 2021.
T.G. Allan, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2021-09306 Filed 5-3-21; 8:45 am]
BILLING CODE P


[Federal Register Volume 80, Number 211 (Monday, November 2, 2015)]
[Notices]
[Page 67394]
[FR Doc No: 2015-27805]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14376-002]

Cave Run Energy, LLC; Notice of Preliminary Permit Application
Accepted for Filing and Soliciting Comments, Motions To Intervene, and
Competing Applications

    On August 14, 2015, Cave Run Energy, LLC filed an application for a
preliminary permit, pursuant to section 4(f) of the Federal Power Act
(FPA), proposing to study the feasibility of a hydropower project
located at the U.S. Army Corps of Engineers' (Corps) Cave Run Dam,
located on the Licking River in Rowan and Bath Counties, Kentucky. The
sole purpose of a preliminary permit, if issued, is to grant the permit
holder priority to file a license application during the permit term. A
preliminary permit does not authorize the permit holder to perform any
land-disturbing activities or otherwise enter upon lands or waters
owned by others without the owners' express permission.
    The proposed project would consist of the following: (1) A
bifurcation structure constructed at the end of the dam's outlet
conduit; (2) a powerhouse containing three turbine/generating units
with a total capacity of 4.95 megawatts; (3) a 70-foot-long, 150-inch-
diameter steel penstock; (4) a 1,200-foot-long, 12.7-kilovolt
transmission line. The proposed project would have an average annual
generation of 20,000 megawatt-hours, and operate utilizing surplus
water from the Cave Run Dam, as directed by the Corps.
    Applicant Contact: Mr. Mark Boumansour, Cave Run Energy, LLC, 1401
Walnut St., Suite 220, Boulder, CO 80302.<PHONE_NUMBER>.
    FERC Contact: Dustin Wilson, phone:<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36. Comments, motions to intervene, notices of intent, and
competing applications may be filed electronically via the Internet.
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
Web site 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>or toll free at 1-866-208-3676,
or for TTY,<PHONE_NUMBER>. Although the Commission strongly encourages
electronic filing, documents may also be paper-filed. To paper-file,
mail an original and seven copies to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-14376-000) in the docket number field to
access the document. For assistance, contact FERC Online Support.

    Dated: October 26, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-27805 Filed 10-30-15; 8:45 am]
BILLING CODE 6717-01-P