Regulated Navigation Area; Gulf Intracoastal Waterway, Inner Harbor Navigation Canal, Harvey Canal, Algiers Canal, New Orleans, LA; Correction, 39632-39633 [2010-16375]

Download as PDF 39632 Federal Register / Vol. 75, No. 132 / Monday, July 12, 2010 / Rules and Regulations not have a substantial direct effect on the States, or the relationship between the Federal Government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, the FAA has determined that this final rule does not have federalism implications. Environmental Analysis FAA Order 1050.1E identifies FAA actions that are categorically excluded from preparation of an environmental assessment or environmental impact statement under the National Environmental Policy Act in the absence of extraordinary circumstances. The FAA has determined this rulemaking action qualifies for the categorical exclusion identified in paragraph 312f and involves no extraordinary circumstances. Regulations That Significantly Affect Energy Supply, Distribution, or Use The FAA analyzed this final rule under Executive Order 13211, Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution, or Use (May 18, 2001). The FAA has determined that it is not a ‘‘significant energy action’’ under the executive order because it is not a ‘‘significant regulatory action’’ and it is not likely to have a significant adverse effect on the supply, distribution, or use of energy. erowe on DSK5CLS3C1PROD with RULES Availability of Rulemaking Documents You can get an electronic copy using the Internet by: (1) Searching the Federal eRulemaking Portal at https:// www.regulations.gov; (2) Visiting the FAA’s Regulations and Policies Web page at https:// www.faa.gov/regulations_policies/; or (3) Accessing the Government Printing Office’s Web page at https:// www.gpoaccess.gov/fr/. You can also get a copy by sending a request to the Federal Aviation Administration, Office of Rulemaking, ARM–1, 800 Independence Avenue, SW., Washington, DC 20591, or by calling (202) 267–9680. Make sure to identify the amendment number or docket number of this rulemaking. Small Business Regulatory Enforcement Fairness Act The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996 requires FAA to comply with small entity requests for information or advice about compliance with statutes and regulations within its jurisdiction. Therefore, any small entity that has a question regarding this document may VerDate Mar<15>2010 14:18 Jul 09, 2010 Jkt 220001 contact its local FAA official, or the person listed under FOR FURTHER INFORMATION CONTACT. You can find out more about SBREFA on the Internet at https://www.faa.gov/ regulations_policies/rulemaking/ sbre_act/. List of Subjects in 14 CFR Part 121 Air carriers, Aircraft, Airmen, Reporting and recordkeeping requirements. The Amendment In consideration of the foregoing, the Federal Aviation Administration amends SFAR No. 106 to Chapter II of Title 14, Code of Federal Regulations, as follows: ■ PART 121—OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL OPERATIONS 1. The authority citation for part 121 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 1153, 40101, 40102, 40103, 40113, 41721, 44105, 44106, 44111, 44701–44717, 44722, 44901, 44903, 44904, 44906, 44912, 44914, 44936, 44938, 46103, 46105. 2. Amend SFAR 106 by revising sections 2 and 3(a) introductory text to read as follows: ■ Special Federal Aviation Regulation 106— Rules for use of Portable Oxygen Concentrator Systems on Board Aircraft * * * * * Section 2. Definitions—For the purposes of this SFAR the following definitions apply: Portable Oxygen Concentrator: means the AirSep FreeStyle, AirSep LifeStyle, Delphi RS–00400, DeVilbiss Healthcare iGo, Inogen One, Inogen One G2, International Biophysics LifeChoice, Invacare XPO2, Invacare Solo2, Oxlife Independence Oxygen Concentrator, Respironics EverGo, and SeQual Eclipse Portable Oxygen Concentrator medical device units as long as those medical device units: (1) Do not contain hazardous materials as determined by the Pipeline and Hazardous Materials Safety Administration; (2) are also regulated by the Food and Drug Administration; and (3) assist a user of medical oxygen under a doctor’s care. These units perform by separating oxygen from nitrogen and other gases contained in ambient air and dispensing it in concentrated form to the user. Section 3. Operating Requirements— (a) No person may use and no aircraft operator may allow the use of any portable oxygen concentrator device, except the AirSep FreeStyle, AirSep LifeStyle, Delphi RS–00400, DeVilbiss Healthcare iGo, Inogen One, Inogen One G2, International Biophysics LifeChoice, Invacare XPO2, Invacare Solo2, Oxlife Independence Oxygen Concentrator, Respironics EverGo, and SeQual Eclipse Portable Oxygen Concentrator units. These units may be carried on and used by a passenger on board an aircraft PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 provided the aircraft operator ensures that the following conditions are satisfied: * * * * * Issued in Washington, DC, on July 1, 2010. J. Randolph Babbitt, Administrator. [FR Doc. 2010–16925 Filed 7–9–10; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2009–0139] RIN 1625–AA11 Regulated Navigation Area; Gulf Intracoastal Waterway, Inner Harbor Navigation Canal, Harvey Canal, Algiers Canal, New Orleans, LA; Correction ACTION: Interim rule; Correction. SUMMARY: In the Federal Register published on June 8, 2010, the Coast Guard placed the Interim Rule for the Regulated Navigation Area; Gulf Intracoastal Waterway, Inner Harbor Navigation Canal, Harvey Canal, Algiers Canal, New Orleans, LA into the Code of Federal Regulations. That publication contained an error in the DATES section, stating an incorrect May 21, 2010 effective date. This error does not impact the Interim Rule’s correct May 24, 2010 effective date because the rule is to be enforced only 24 hours in advance of, and during the duration of specified predicted weather conditions. In fact, the conditions to enforce this rule between the published effective date and the correct effective date did not occur. But, this error may cause confusion among members of the public. DATES: This correction is effective July 12, 2010. FOR FURTHER INFORMATION CONTACT: For information about this correction, contact Kevin d’Eustachio, Office of Regulations and Administrative Law, telephone (202) 372–3854, e-mail kevin.m.deustachio@uscg.mil. For information about the original regulation, contact Lieutenant Commander (LCDR) Marty Daniels, Coast Guard; telephone (504) 565–5044, e-mail William.M.Daniels@uscg.mil. SUPPLEMENTARY INFORMATION: In FR Vol. 75, No. 109, USCG 2010– 0139, appearing on page 32275 in the issue of Tuesday, June 8, 2010, the following correction is made: E:\FR\FM\12JYR1.SGM 12JYR1 Federal Register / Vol. 75, No. 132 / Monday, July 12, 2010 / Rules and Regulations 1. On page 32275, in the third column, in the DATES section, remove ‘‘May 21, 2010’’ and add in its place ‘‘May 24, 2010’’. Dated: June 30, 2010. Kathryn Sinniger, Acting Chief of the Office of Regulations and Administrative Law (CG–943), U.S. Coast Guard. [FR Doc. 2010–16375 Filed 7–9–10; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the EPA Docket Center is (202) 566–1742. FOR FURTHER INFORMATION CONTACT: General questions concerning this final rule should be addressed to Ms. Gobeail McKinley, Office of Air Quality Planning and Standards, Geographic Strategies Group, Mail Code C539–04, Research Triangle Park, NC 27711; telephone (919) 541–5246; e-mail address: mckinley.gobeail@epa.gov. SUPPLEMENTARY INFORMATION: 40 CFR Part 52 Table of Contents [EPA–HQ–OAR–2010–0473; FRL–9174–5] I. Background II. Final Action A. Rule B. Notice-and-Comment Under the Administrative Procedures Act (APA) C. Effective Date Under the APA III. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review B. Paperwork Reduction Act C. Regulatory Flexibility Act D. Unfunded Mandates Reform Act E. Executive Order 13132: Federalism F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use I. National Technology Transfer and Advancement Act J. Executive Order 12898: Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations K. Congressional Review Act L. Judicial Review Extension of Deadline for Action on Section 126 Petition From New Jersey erowe on DSK5CLS3C1PROD with RULES AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: The EPA is extending by 6 months the deadline for EPA to take action on a petition submitted by the New Jersey Department of Environmental Protection (NJDEP). The petition requests that EPA make a finding under the Clean Air Act (CAA) that the coal-fired Portland Generating Station in Upper Mount Bethel Township, Northampton County, Pennsylvania, is emitting air pollutants in violation of the provisions of the CAA. Under the CAA, EPA is authorized to grant a time extension for responding to the petition if EPA determines that the extension is necessary, among other things, to meet the purposes of the CAA’s rulemaking requirements. By this action, EPA is making that determination. DATES: The effective date of this action is July 12, 2010. ADDRESSES: EPA has established a docket for this rulemaking under Docket ID number EPA–HQ–OAR–2010–0473. All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., confidential business information 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. Publicly available docket materials are available either electronically in https:// www.regulations.gov or in hard copy at the EPA Docket Center EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to VerDate Mar<15>2010 14:18 Jul 09, 2010 Jkt 220001 I. Background This is a procedural action to extend the deadline for EPA to respond to a petition from New Jersey filed under CAA section 126. EPA received the section 126 petition on May 13, 2010. The petition requests that EPA make a finding that the coal-fired Portland Generating Station (Portland Plant) in Upper Mount Bethel Township, Northampton County, Pennsylvania, is emitting air pollutants in violation of the provisions of section 110(a)(2)(D)(i) of the CAA. That section provides that each state’s State Implementation Plan (SIP) shall contain adequate provisions prohibiting emissions of any air pollutant in amounts which will contribute significantly to nonattainment in, or interfere with maintenance by, any other state with PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 39633 respect to any national ambient air quality standard (NAAQS). The petition asserts that emissions from the Portland Plant have a significant impact on New Jersey’s air quality and that this impact would be mitigated by further regulation of fine particulate matter and sulfur dioxide emissions from this plant. Section 126(b) authorizes states or political subdivisions to petition EPA to find that a major source or group of stationary sources in upwind states emits or would emit any air pollutant in violation of the prohibition of section 110(a)(2)(D) by contributing significantly to nonattainment or maintenance problems in downwind states. If EPA makes such a finding, EPA is authorized to establish federal emissions limits for the sources which so contribute. Under section 126(b), EPA must make the finding requested in the petition, or must deny the petition within 60 days of its receipt. Under section 126(c), any existing sources for which EPA makes the requested finding must cease operations within three months of the finding, except that the source may continue to operate if it complies with emission limitations and compliance schedules that EPA may provide to bring about compliance with the applicable requirements. Section 126(b) further provides that EPA must allow a public hearing for the petition. EPA’s action under section 126 is also subject to the procedural requirements of CAA section 307(d). See section 307(d)(1)(N). One of these requirements is notice-and-comment rulemaking, under section 307(d)(3). In addition, section 307(d)(10) provides for a time extension, under certain circumstances, for rulemaking subject to section 307(d). Specifically, section 307(d)(10) provides: Each statutory deadline for promulgation of rules to which this subsection applies which requires promulgation less than six months after date of proposal may be extended to not more than six months after date of proposal by the Administrator upon a determination that such extension is necessary to afford the public, and the agency, adequate opportunity to carry out the purposes of the subsection. Section 307(d)(10) applies to section 126 rulemakings because the 60-day time limit under section 126(b) necessarily limits the period after proposal to less than six months. II. Final Action A. Rule In accordance with section 307(d)(10), EPA is determining that the 60-day period afforded by section 126(b) for E:\FR\FM\12JYR1.SGM 12JYR1

Agencies

[Federal Register Volume 75, Number 132 (Monday, July 12, 2010)]
[Rules and Regulations]
[Pages 39632-39633]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-16375]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0139]
RIN 1625-AA11


Regulated Navigation Area; Gulf Intracoastal Waterway, Inner 
Harbor Navigation Canal, Harvey Canal, Algiers Canal, New Orleans, LA; 
Correction

ACTION: Interim rule; Correction.

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

SUMMARY: In the Federal Register published on June 8, 2010, the Coast 
Guard placed the Interim Rule for the Regulated Navigation Area; Gulf 
Intracoastal Waterway, Inner Harbor Navigation Canal, Harvey Canal, 
Algiers Canal, New Orleans, LA into the Code of Federal Regulations. 
That publication contained an error in the DATES section, stating an 
incorrect May 21, 2010 effective date. This error does not impact the 
Interim Rule's correct May 24, 2010 effective date because the rule is 
to be enforced only 24 hours in advance of, and during the duration of 
specified predicted weather conditions. In fact, the conditions to 
enforce this rule between the published effective date and the correct 
effective date did not occur. But, this error may cause confusion among 
members of the public.

DATES: This correction is effective July 12, 2010.

FOR FURTHER INFORMATION CONTACT: For information about this correction, 
contact Kevin d'Eustachio, Office of Regulations and Administrative 
Law, telephone (202) 372-3854, e-mail kevin.m.deustachio@uscg.mil. For 
information about the original regulation, contact Lieutenant Commander 
(LCDR) Marty Daniels, Coast Guard; telephone (504) 565-5044, e-mail 
William.M.Daniels@uscg.mil.

SUPPLEMENTARY INFORMATION: 
    In FR Vol. 75, No. 109, USCG 2010-0139, appearing on page 32275 in 
the issue of Tuesday, June 8, 2010, the following correction is made:

[[Page 39633]]

    1. On page 32275, in the third column, in the DATES section, remove 
``May 21, 2010'' and add in its place ``May 24, 2010''.

    Dated: June 30, 2010.
Kathryn Sinniger,
Acting Chief of the Office of Regulations and Administrative Law (CG-
943), U.S. Coast Guard.
[FR Doc. 2010-16375 Filed 7-9-10; 8:45 am]
BILLING CODE 9110-04-P
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