[Federal Register Volume 81, Number 133 (Tuesday, July 12, 2016)]
[Notices]
[Page 45144]
[FR Doc No: 2016-16398]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14725-000]

HY Power Energy Company; Notice of Preliminary Permit Application
Accepted for Filing and Soliciting Comments, Motions To Intervene, and
Competing Applications

    On November 2, 2015, HY Power Energy Company filed an application
for a preliminary permit, pursuant to section 4(f) of the Federal Power
Act (FPA), proposing to study the feasibility of the Inglis Lock By-
pass Dam Water Power Project (Inglis By-pass Project or project) to be
located at the existing U.S. Army Corps of Engineers' Inglis Dam on the
Withlacoochee River in Levy County, Florida. 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 60-foot-
long, 98-foot-wide intake channel; (2) a 115-foot-long, 28-foot-wide
powerhouse containing one generating unit with a total capacity of 2.8
megawatts; (3) a 10-foot-long, 20-foot-wide control building; (4) a 25-
foot-long, 25-foot-wide substation adjacent to the control building;
(5) a 300-foot-long, 12.47kV transmission line. The proposed project
would have an estimated average annual generation of 16,200 megawatt-
hours, and operate as directed by the Corps.
    Applicant Contact: Mr. Robert Karow, HY Power Energy Company, 5218
SW 34th Street, Gainesville, FL 32608; telephone<PHONE_NUMBER>.
    FERC Contact: Chris Casey; 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.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, notices of intent, and competing
applications using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426. The first page of any filing should include
docket number P-14725-000.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of the
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-14725) in the docket number field to access
the document. For assistance, contact FERC Online Support.

    Dated: July 6, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-16398 Filed 7-11-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 36 (Monday, February 24, 2020)]
[Proposed Rules]
[Pages 10360-10364]
[FR Doc No: 2020-03506]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2019-0330; FRL-10005-63-Region 5]

Air Plan Approval; Illinois; Redesignation of the Lemont and
Pekin Sulfur Dioxide Nonattainment Areas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: In accordance with the Clean Air Act (CAA), the Environmental
Protection Agency (EPA) is proposing to redesignate the Lemont and
Pekin sulfur dioxide (SO2) nonattainment areas from
nonattainment to attainment. EPA is also proposing to approve Illinois'
maintenance plans for these two areas. Emissions of SO2 in
the areas have been reduced, and the air quality in the two areas is
currently better than the SO2 national ambient air quality
standard (NAAQS).

DATES: Comments must be received on or before March 25, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2019-0330 at http://www.regulations.gov, or via email to
<EMAIL_ADDRESS>For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, 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. 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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Mary Portanova, Environmental
Engineer, Control Strategies Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:

I. Background and Redesignation Requirements
II. Determination of Attainment
    a. Lemont
    b. Pekin
III. Approval of Illinois' SIPs
IV. Permanent and Enforceable Emission Reductions
V. Maintenance Plans
VI. Requirements for the Areas Under Section 110 and Part D
VII. What action is EPA taking?
VIII. Statutory and Executive Order Reviews

I. Background and Redesignation Requirements

    In 2010, EPA established a revised primary SO2 NAAQS of
75 parts per billion (ppb) (75 FR 35520, June 22, 2010). EPA designated
the Lemont and Pekin areas as nonattainment for the 2010 SO2
NAAQS on August 5, 2013 (78 FR 47191) based upon air quality monitoring
data for calendar years 2009-2011. The Lemont nonattainment area is
comprised of Lemont Township in Cook County and Lockport and DuPage
Townships in Will County, Illinois. The Pekin nonattainment area is
comprised of Hollis Township in Peoria County and Cincinnati and Pekin
Townships in Tazewell County, Illinois.
    On March 2, 2016, Illinois submitted nonattainment State
Implementation Plans (SIPs) to provide for attainment of the NAAQS in
the Lemont and Pekin nonattainment areas by the SO2
attainment date of October 4, 2018. The plans were developed to meet
the additional requirements of sections 172(c) and 191-192 of the CAA.
Illinois supplemented the plans on August 8,

2016 and May 4, 2017, and EPA approved them on February 1, 2018 (83 FR
4591). Illinois submitted its request to redesignate the Lemont and
Pekin areas on May 24, 2019.
    Under CAA section 107(d)(3)(E), there are five criteria which must
be met before a nonattainment area may be redesignated to attainment:
    1. EPA has determined that the relevant NAAQS has been attained in
the area.
    2. The applicable implementation plan has been fully approved by
EPA under section 110(k) of the CAA.
    3. EPA has determined that improvement in air quality is due to
permanent and enforceable reductions in emissions resulting from the
SIP, applicable Federal regulations, and other permanent and
enforceable reductions.
    4. EPA has fully approved a maintenance plan, including a
contingency plan, for the area under section 175A of the CAA.
    5. The State has met all applicable requirements for the area under
section 110 and part D of the CAA.

II. Determination of Attainment

    The first requirement for redesignation is to demonstrate that the
NAAQS has been attained in the area. Under EPA regulations at 40 CFR
part 50, the SO2 NAAQS is met at an ambient air quality
monitoring site when the three-year average of the annual 99th
percentile daily maximum one-hour average concentration values for the
site is less than or equal to 75 ppb, as determined in accordance with
appendix T of 40 CFR part 50. As stated in EPA's April 2014 ``Guidance
for 1-Hour SO2 Nonattainment Area SIP Submissions'' (April
2014 Guidance), there are two components needed to support an
attainment determination for SO2: An initial review of
representative air quality monitoring data, then a further analysis,
which generally requires air quality modeling, to demonstrate that the
entire area is attaining the applicable NAAQS, based on current actual
emissions or the fully implemented control strategy. Illinois has
addressed both components for each nonattainment area.

a. Lemont

    EPA has reviewed the ambient air monitoring data for the Lemont
nonattainment area. There is one SO2 monitoring site in Cook
County for the Lemont area (monitor 17-031-1601 in Lemont Township).
The data from this monitor have been certified and recorded in EPA's
Air Quality System database. Illinois has committed to continue
monitoring for SO2 at this location. EPA's review addresses
air quality data collected through 2018, which includes the most recent
three years of complete, quality-assured data.
    Table 1 shows the 99th percentile results and three-year average
design values for the Lemont nonattainment area monitors for 2012-2018.
Lemont has been in attainment of the 2010 SO2 NAAQS of 75
ppb since the 2012-2014 three-year design value period, when the design
value was 66 ppb. Currently, the design value at the Lemont monitor has
dropped to 8 ppb (2016-2018). Therefore, Illinois has demonstrated that
the Lemont area's SO2 monitor shows attainment of the 2010
SO2 NAAQS. Preliminary monitoring data for 2019 indicate
that the area is continuing to attain the 2010 SO2 NAAQS.

                                                       Table 1--Lemont Monitoring Data, 2012-2018
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                               Year and 99th percentile value (ppb)
            Location/site ID             ---------------------------------------------------------------------------------------------------------------
                                               2012            2013            2014            2015            2016            2017            2018
--------------------------------------------------------------------------------------------------------------------------------------------------------
Lemont 17-031-1601......................             108              73              16              20              12               5               6
rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr
                                                                                Three-year design value (ppb)
rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr
                                                                               2012-2014       2013-2015       2014-2016       2015-2017       2016-2018
                                         ---------------------------------------------------------------------------------------------------------------
                                                                                66              36              16              13               8
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Illinois also prepared a dispersion modeling analysis demonstrating
that the Lemont area will attain the SO2 NAAQS under the
area's control strategy. Illinois provided this analysis in its March
2, 2016 nonattainment SIP submittal. Illinois' analysis showed that
revised SO2 emission limits at five SO2 sources
in the Lemont nonattainment area, in addition to statewide requirements
for lower sulfur fuel oil, will provide for attainment. Illinois has
confirmed that the modeled facilities are currently in full compliance
with their emission limits. Current actual emissions at these
facilities are therefore at or below the levels Illinois used in its
modeling analysis. The modeling analysis was discussed in detail in the
October 5, 2017 (82 FR 46434) notice of proposed rulemaking for the
Lemont and Pekin SO2 nonattainment SIPs. The modeling shows
that compliance with the emission limits in Illinois' plan, even at
maximum allowable emissions, yields attainment in the entire Lemont
area. Further, since the sources in the Lemont area are complying with
these limits, this modeling supports EPA's proposed conclusion that the
Lemont area is attaining the SO2 NAAQS.

b. Pekin

    EPA has reviewed the ambient air monitoring data for the Pekin
nonattainment area. There is one SO2 monitoring site in
Tazewell County for the Pekin area (17-179-0004, in Pekin Township).
The initial SO2 data gathered between August 31, 2016 and
August 16, 2018 was invalidated after the monitor failed an audit in
late 2018. Illinois addressed EPA's concerns with the monitor by
replacing faulty equipment at the site on August 16, 2018. EPA is
satisfied that Illinois is meeting the requirements of 40 CFR part 58,
appendix A for this monitor, and that the SO2 data gathered
at this monitor after August 16, 2018 has been valid.
    Because portions of the data from 2016 to 2018 were invalidated,
there is no valid three-year design value for SO2 at Pekin
from the 2014-2016 time period to the present. The last valid three-
year design value which was calculated using data gathered before the
audit and data invalidation for Pekin was 167 ppb (2013-2015), which
does not meet the 2010 SO2 NAAQS. The 2013-2015 design value
does not provide useful information on the current state of
SO2 air quality in Pekin, because it represents the local
air

quality before Illinois' revised SO2 nonattainment SIP
limits for Pekin came into effect. SO2 emissions in the area
decreased after 2015 due to the revised SIP emission limits at three
facilities: The Midwest Generation Powerton Station, the Illinois Power
Holdings E.D. Edwards Power Plant, and Aventine Renewable Energy
Resources, now Pacific Ethanol Pekin, Inc. Since January 1, 2017, the
Pekin facilities have been in full compliance with their new emission
limits. Air quality monitoring data measured from late 2018 to the
present, confirmed to be valid, now indicates that emissions have
sharply declined since 2015 and remain well below the 2010
SO2 NAAQS for 2019. The 99th percentile one-hour maximum
value for the valid portion of 2018 is 12 ppb. The preliminary data for
2019 indicates a 99th percentile one-hour maximum value of 17 ppb. The
average of preliminary valid data for 2018-2019 is 15 ppb. While the
available valid data from August 2018 to the present is not enough to
calculate a valid three-year design value to confirm that the NAAQS are
met, the available valid data indicates that ambient air concentrations
of SO2 at Pekin have substantially decreased to a level
below the 2010 SO2 NAAQS. This supports EPA's proposed
conclusion that the Pekin area is attaining the standard and is
eligible for redesignation.
    Because the Pekin monitor cannot be used to fully demonstrate
attainment of the 2010 SO2 NAAQS until three years of valid
data have been gathered, Illinois' redesignation request for the Pekin
nonattainment area relied upon the demonstration of attainment based on
air dispersion modeling which Illinois submitted to EPA as part of its
March 2016 nonattainment SIP submittal. As noted in EPA's April 2014
Guidance, for a short-term (i.e., 1-hour) standard, the EPA believes
that dispersion modeling, using allowable emissions and addressing
stationary sources in the affected area (and in some cases, those
sources located outside the nonattainment area which may affect
attainment in the area) is technically appropriate, efficient and
effective in demonstrating attainment in nonattainment areas, because
it takes into consideration combinations of meteorological and emission
source operating conditions that can contribute to peak ground-level
concentrations of SO2.
    Illinois' modeled demonstration of attainment for the Pekin area
was discussed in detail in EPA's proposed approval of the Pekin
SO2 nonattainment plan. See 82 FR 46438, October 5, 2017.
Illinois' analysis showed that revised SO2 emission limits
at three facilities in the Pekin nonattainment area, in addition to
statewide requirements for lower sulfur fuel oil, will provide for
attainment. The modeled demonstration included the three Pekin sources
at their revised SO2 emission limits and emissions from all
other major SO2 sources within 50 kilometers of the Pekin
nonattainment area, modeled at their maximum allowable SO2
emission rates. Illinois' analysis demonstrated that the Pekin area
will attain and maintain the 2010 SO2 NAAQS at the maximum
allowable emission level. The Pekin sources were required to comply
with their revised SIP emission limits by January 1, 2017. Illinois has
confirmed that they are in full compliance with their emission limits.
Current actual emissions at these facilities are therefore at or below
the emission rates which Illinois used in its modeling analysis. Since
the Pekin modeled attainment demonstration shows that compliance with
the emission limits in Illinois' plan even at maximum allowable
emissions yields attainment in the entire Pekin nonattainment area, and
since the sources are complying with these limits, Illinois' modeled
attainment demonstration supports EPA's proposed conclusion that the
Pekin area is currently attaining and will continue to attain the
SO2 NAAQS.
    EPA proposes to conclude that, considered together, the modeling
and monitoring data currently available for the Pekin area are adequate
to address the redesignation requirement to demonstrate attainment of
the 2010 SO2 NAAQS, and that both the results of the modeled
attainment demonstration, based on current enforceable emission limits,
and the currently available valid monitoring data for Pekin indicate
that the Pekin area is attaining the 2010 SO2 NAAQS.

III. Approval of Illinois' SIPs

    On February 1, 2018 (83 FR 4591), EPA approved Illinois'
nonattainment SIPs for the Lemont and Pekin nonattainment areas,
including emission limits which were demonstrated to provide for
attainment in both areas. In that action, EPA found that Illinois had
satisfied the requirements for providing for attainment of the
SO2 NAAQS in the Lemont and Pekin nonattainment area.
Illinois has adopted SO2 SIP regulations requiring emission
reductions for sources in the Lemont and Pekin nonattainment areas.
Illinois maintains an active enforcement program to ensure ongoing
compliance in both areas. Illinois' new source review/prevention of
significant deterioration program will address emissions from new
sources in both areas. Therefore, EPA proposes to conclude that this
redesignation criterion has been met by Illinois for both areas.

IV. Permanent and Enforceable Emission Reductions

    For an area to be redesignated, the state must be able to
reasonably attribute the improvement in air quality to emission
reductions which are permanent and enforceable. In the Lemont
nonattainment area, Illinois applied revised emission limits to Owens
Corning Roofing & Asphalt in Summit, Ingredion Bedford Park in Bedford
Park, Oxbow Midwest Calcining in Lemont, the Midwest Generation Joliet
Generating Station in Joliet, and the Midwest Generation Will County
Generating Station in Romeoville. Total facility SO2
emissions in the Lemont nonattainment area have decreased by over 5,000
tons per year (tpy). In the Pekin nonattainment area, Illinois applied
revised emission limits to the Midwest Generation Powerton Station in
Pekin, the Illinois Power Holdings E.D. Edwards Power Plant in
Bartonville, and the Aventine Renewable Energy Resources ethanol
facility, now Pacific Ethanol Pekin, Inc., located in Pekin. Total
facility SO2 emissions in the Pekin nonattainment area were
reduced by over 21,000 tpy. These emission reductions have been made
permanent and enforceable by the limits that Illinois adopted into
Title 35, part 214 of the Illinois Administrative Code, which EPA
approved into the SIP. See 83 FR 4591, February 1, 2018. EPA has
approved Illinois' SO2 SIP rules, which makes them federally
enforceable.
    Recent monitoring data indicate that ambient SO2 levels
have improved significantly in the Lemont and Pekin nonattainment
areas. At the time that the areas were designated nonattainment, the
2009-2011 monitored design value in the Lemont area was 98 ppb, and the
2009-2011 monitored design value at the Pekin monitor was 211 ppb.
After the new SIP emission limits came into effect in 2017, the
monitored SO2 design value for Lemont dropped to 8 ppb
(2016-2018), which is well below the SO2 NAAQS of 75 ppb.
The monitored SO2 values at the Pekin monitor also dropped
after the new SIP emission limits came into effect, to less than 20 ppb
in 2018 and 2019 (based on estimated 99th percentile annual maximum 1-
hour values from valid data; see discussion in III.b. above). EPA
proposes to find that the improvement in air quality in the

Lemont and Pekin nonattainment areas can be attributed to the permanent
and enforceable emission reductions in Illinois' approved nonattainment
SIPs.

V. Maintenance Plans

    CAA section 175A sets forth the elements of a maintenance plan for
areas seeking redesignation from nonattainment to attainment. Under
section 175A, the plan must demonstrate continued attainment of the
applicable NAAQS for at least ten years after the nonattainment area is
redesignated to attainment. Eight years after the redesignation, the
state must submit a revised maintenance plan demonstrating that
attainment will continue to be maintained for the ten years following
the initial ten-year period. To address the possibility of future NAAQS
violations, the maintenance plan must contain contingency measures as
EPA deems necessary to assure prompt correction of any future one-hour
violations. Specifically, the maintenance plan should address five
requirements: The attainment emissions inventory, maintenance
demonstration, monitoring, verification of continued attainment, and a
contingency plan.
    Illinois' May 24, 2019 redesignation request contains its
maintenance plans for Lemont and Pekin, which Illinois has committed to
review and update eight years after redesignation.
    Illinois projected SO2 emissions for an interim future
year, 2023, and for the maintenance year, 2030, for both areas.
Illinois projected that total SO2 emissions in the Lemont
nonattainment area in the maintenance year would drop from 10,975 tpy
in 2014 to 824 tpy in 2030, considering both the SIP reductions and
projected future growth. Illinois projected that total SO2
emissions in the Pekin nonattainment area in the maintenance year would
drop from 32,331 tpy in 2014 to 10,588 tpy in 2030, considering both
the SIP reductions and projected future growth.
    Illinois' maintenance demonstration consists of the nonattainment
SIP air quality analyses which demonstrated that the emission
reductions in effect in the Lemont and Pekin nonattainment areas will
provide for attainment of the SO2 NAAQS. The permanent and
enforceable SO2 emission limits in Illinois' SO2
SIP ensure that the SO2 emissions in the Lemont and Pekin
areas will be equal to or less than the emission levels which were
evaluated in the air quality analyses, and Illinois' enforcement
program will ensure that the Lemont and Pekin SO2 emission
limits are met continuously.
    For continued verification, Illinois has committed to track the
SO2 emissions and compliance status of the facilities in the
Lemont and Pekin areas. The state commits to update its emissions
inventories as required by EPA. Illinois has also committed to continue
ambient SO2 monitoring at Lemont and Pekin to verify
attainment of the SO2 NAAQS.
    The requirement to submit contingency measures in accordance with
CAA section 172(c)(9) can be adequately addressed for SO2 by
the operation of a comprehensive enforcement program which can quickly
identify and address sources that might be causing exceedances of the
NAAQS level. Illinois' enforcement program is active and capable of
prompt action to remedy compliance issues or NAAQS exceedances.
Illinois' redesignation request discusses the state's plan to respond
to increased SO2 emissions or ambient monitored
concentrations or new exceedances of the SO2 NAAQS in the
maintenance areas. Illinois commits to evaluate air quality and
emission trends, identify areas of concern, and take action as needed,
particularly if a violation is recorded, or an annual average 99th
percentile maximum daily one-hour SO2 concentration of 75
ppb or greater occurs, or if total SO2 emissions increase
more than five percent above the attainment year inventory. Illinois
has the authority to expeditiously adopt, implement and enforce any
subsequent emissions control measures deemed necessary to correct any
future SO2 violations. Illinois commits to adopt and
implement such corrective actions as necessary. The public will have
the opportunity to participate in the contingency measure
implementation process.
    Based on the above, EPA proposes to find that Illinois has
addressed the contingency measure requirement for both areas. Further,
EPA proposes to find that Illinois' maintenance plans adequately
address the five basic components necessary to maintain the
SO2 NAAQS in the Lemont and Pekin nonattainment areas.

VI. Requirements for the Areas Under Section 110 and Part D

    Illinois has submitted information demonstrating that it meets all
requirements of the CAA applicable to the Lemont and Pekin
nonattainment areas. EPA approved Illinois' infrastructure SIP for
SO2 on October 16, 2014 (79 FR 62042). This infrastructure
SIP approval confirms that Illinois's SIP meets the requirements of CAA
section 110(a)(1) and 110(a)(2) to contain the basic program elements,
such as an active enforcement program and permitting program. The
program elements addressed in the infrastructure SIP will be
implemented and enforced in the Lemont and Pekin areas.
    Section 191 of the CAA requires Illinois to submit part D SIPs for
the Lemont and Pekin nonattainment areas by April 4, 2015. As discussed
earlier, Illinois submitted its part D SIPs for the two areas on March
2, 2016 and supplemented them on August 8, 2016 and May 4, 2017. The
SIPs each included a demonstration of attainment and revised
SO2 emission limits. EPA approved the Lemont and Pekin SIPs
on February 1, 2018 (83 FR 4591). In its rulemaking, EPA determined
that Illinois had satisfied the various requirements under CAA section
110 and part D for the Lemont and Pekin nonattainment areas, such as
the requirements for an attainment inventory of the SO2
emissions from sources in each nonattainment area (required under CAA
section 173(c)(3)), reasonably available control measures (required
under CAA section 173(c)(1)), and reasonable further progress (required
under CAA section 173(c)(2)).
    Section 176(c) of the CAA requires states to establish criteria and
procedures to ensure that federally supported or funded projects
conform to the air quality planning goals in the applicable SIP. The
requirement to determine conformity applies to transportation plans,
programs, and projects that are developed, funded, or approved under
title 23 of the United States Code and the Federal Transit Act
(transportation conformity) as well as to all other federally supported
or funded projects (general conformity). State transportation
conformity SIP revisions must be consistent with Federal conformity
regulations relating to consultation, enforcement, and enforceability
that EPA promulgated pursuant to its authority under the CAA. EPA
approved Illinois' transportation conformity SIPs on December 23, 1997
(62 FR 67000). In April 2010, EPA promulgated changes to 40 CFR 51.851,
eliminating the requirement for states to maintain a general conformity
SIP. Illinois has met the applicable conformity requirements under CAA
section 176.
    Based on the above, EPA is proposing to find that Illinois has
satisfied all requirements applicable to the Lemont and Pekin areas
under section 110 and part D of title I of the CAA.

VII. What action is EPA taking?

    In accordance with Illinois' May 24, 2019 request, EPA is proposing
to

redesignate the Lemont and Pekin SO2 areas from
nonattainment to attainment of the SO2 NAAQS. Illinois has
demonstrated, among other things, that these areas are attaining the
SO2 NAAQS, and that the improvement in air quality is due to
permanent and enforceable SO2 emission reductions in the
nonattainment area. EPA is also proposing to approve Illinois'
maintenance plans, which are designed to ensure that the Lemont and
Pekin nonattainment areas will continue to maintain the SO2
NAAQS.

VIII. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
imposed by state law. A redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40
CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to
approve state choices, provided that they meet the criteria of the CAA.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this 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 CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the 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),
because redesignation is an action that affects the status of a
geographical area and does not impose any new regulatory requirements
on tribes, impact any existing sources of air pollution on tribal
lands, nor impair the maintenance of ozone national ambient air quality
standards in tribal lands.

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Sulfur oxides.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks,
Wilderness areas.

    Dated: February 10, 2020.
Kurt A. Thiede,
Regional Administrator.
[FR Doc. 2020-03506 Filed 2-21-20; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 182 (Thursday, September 23, 2021)]
[Proposed Rules]
[Pages 52851-52853]
[FR Doc No: 2021-20413]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0826; Project Identifier MCAI-2021-00300-R]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters Deutschland GmbH
Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Airbus Helicopters Deutschland GmbH Model EC135P2+,
EC135P3, EC135T2+, and EC135T3 helicopters. This proposed AD was
prompted by reports that certain aft and forward fitting assemblies,
which are not approved for installation on certain helicopters, were
installed on those helicopters as part of the outboard load system.
Operators of those helicopters might not be aware of the applicable
overhaul or life limits for those fitting assemblies. This proposed AD
would require inspecting the aft and forward fitting assemblies of the
outboard load system to determine the part number, re-identifying the
part if necessary, inspecting each affected part for damage (which may
be indicated by signs of corrosion, mechanical damage, loose rivets, or
cracks) and, depending on the findings, corrective actions, as
specified in a European Union Aviation Safety Agency (EASA) AD, which
is proposed for incorporation by reference (IBR). The FAA is proposing
this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by November 8,
2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For EASA material that is proposed for IBR in this AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email<EMAIL_ADDRESS>internet www.easa.europa.eu. You
may find this IBR material on the EASA website at https://ad.easa.europa.eu. You may view this material at the FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321,
Fort Worth, TX 76177. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. The EASA material is also
available at https://www.regulations.gov by searching for and locating
Docket No. FAA-2021-0826.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0826; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this NPRM, the EASA AD,
any comments received, and other information. The street address for
Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Darren Gassetto, Aerospace Engineer,
COS Program Management Section, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 1600 Stewart Ave., Suite 410, Westbury, NY
11590; telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2021-0826; Project Identifier
MCAI-2021-00300-R'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Darren Gassetto, Aerospace Engineer, COS Program Management Section,
Operational Safety Branch, Compliance & Airworthiness Division, FAA,
1600 Stewart Ave., Suite 410, Westbury, NY 11590; telephone (516) 228-
7323; email<EMAIL_ADDRESS>Any commentary that the FAA
receives that is not specifically designated as CBI will be placed in
the public docket for this rulemaking.

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0066, dated March 8, 2021 (EASA
AD 2021-0066), to correct an unsafe condition for Airbus Helicopters
Deutschland GmbH (formerly Eurocopter Deutschland GmbH and Eurocopter
Espa[ntilde]a S.A.) Model EC135 P2+, EC135 P3, EC135 T2+, EC135 T3,
EC635 P2+, EC635 P3, EC635 T1, EC635 T2+, and EC635 T3 helicopters,
serial numbers (S/Ns) 0866 to 1166 inclusive, except S/Ns 1007, 1102,
and 1145, and except helicopters on which Airbus Helicopters Service

Bulletin EC135-85-063 has been embodied in service. Model EC635 P2+,
EC635 P3, EC635 T1, EC635 T2+, and EC635 T3 helicopters are not
certificated by the FAA and are not included on the U.S. type
certificate data sheet, except where the U.S. type certificate data
sheet explains that the Model EC635T2+ helicopter having serial number
0858 was converted from Model EC635T2+ to Model EC135T2+. This proposed
AD, therefore, does not include Model EC635 P2+, EC635 P3, EC635 T1,
EC635 T2+, and EC635 T3 helicopters in the applicability.
    This proposed AD was prompted by reports that aft and forward
fitting assemblies, having part number L851M2810103, were installed as
part of the outboard load system on helicopters having S/Ns 0886 and
up. The affected fitting assemblies are not approved for installation
on helicopters having those serial numbers. Operators of those
helicopters might not be aware of the applicable overhaul or life
limits for those fitting assemblies. The FAA is proposing this AD to
address failure of affected aft and forward fitting assemblies and
consequent loss of external cargo, resulting in personal injury or
injury to persons on the ground. See EASA AD 2021-0066 for additional
background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0066 requires a one-time inspection of each aft and
forward fitting assembly of the outboard load system to identify the
part number, re-identifying the part number if necessary, a one-time
inspection of an affected fitting assembly for damage, and corrective
action. The corrective action includes replacing any damaged fitting.
    This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

FAA's Determination

    These helicopters have been approved by EASA and are approved for
operation in the United States. Pursuant to the FAA's bilateral
agreement with the European Union, EASA has notified the FAA about the
unsafe condition described in its AD. The FAA is proposing this AD
after evaluating all known relevant information and determining that
the unsafe condition described previously is likely to exist or develop
on other helicopters of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in EASA AD 2021-0066, described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this proposed AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate EASA AD 2021-0066 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2021-0066 in its entirety through that incorporation, except
for any differences identified as exceptions in the regulatory text of
this proposed AD. Using common terms that are the same as the heading
of a particular section in EASA AD 2021-0066 does not mean that
operators need comply only with that section. For example, where the AD
requirement refers to ``all required actions and compliance times,''
compliance with this AD requirement is not limited to the section
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2021-
0066. Service information required by EASA AD 2021-0066 for compliance
will be available at https://www.regulations.gov by searching for and
locating Docket No. FAA-2021-0826 after the FAA final rule is
published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 69 helicopters of U.S. Registry. The FAA estimates the following
costs to comply with this proposed AD.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                 Action                          Labor cost           Parts cost      product        operators
----------------------------------------------------------------------------------------------------------------
Inspection to determine fitting          0.50 work-hour x $85 per             $0          $42.50       $2,932.50
 assembly part number.                    hour = $42.50.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary actions
that would be required based on the results of the proposed inspection.
The agency has no way of determining the number of aircraft that might
need these actions:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                     Action                                  Labor cost               Parts cost      product
----------------------------------------------------------------------------------------------------------------
Re-identification of affected fitting assembly   0.25 work-hour x $85 per hour =              $0          $21.25
 with part number.                                $21.25.
Detailed inspection of affected fitting          1.75 work-hours x $85 per hour =              0          148.75
 assembly.                                        $148.75.
Replacement of damaged affected fitting          1.50 work-hours x $85 per hour =          1,363        1,490.50
 assembly.                                        $127.50.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA

with promoting safe flight of civil aircraft in air commerce by
prescribing regulations for practices, methods, and procedures the
Administrator finds necessary for safety in air commerce. This
regulation is within the scope of that authority because it addresses
an unsafe condition that is likely to exist or develop on products
identified in this rulemaking action.

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have 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.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive:

Airbus Helicopters Deutschland GmbH: Docket No. FAA-2021-0826;
Project Identifier MCAI-2021-00300-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by November 8, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Helicopters Deutschland GmbH Model
EC135P2+, EC135P3, EC135T2+, and EC135T3 helicopters, certificated
in any category, as identified in European Union Aviation Safety
Agency (EASA) AD 2021-0066, dated March 8, 2021 (EASA AD 2021-0066).

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 2550, Cargo
Compartments.

(e) Unsafe Condition

    This AD was prompted by reports that certain aft and forward
fitting assemblies, which are not approved for installation on
certain helicopters, were installed on those helicopters as part of
the outboard load system. Operators of those helicopters might not
be aware of the applicable overhaul or life limits for those fitting
assemblies. The FAA is issuing this AD to address failure of
affected aft and forward fitting assemblies and consequent loss of
external cargo, resulting in personal injury or injury to persons on
the ground.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2021-0066.

(h) Exceptions to EASA AD 2021-0066

    (1) Where EASA AD 2021-0066 requires compliance in terms of
flight hours, this AD requires using hours time-in-service.
    (2) Where EASA AD 2021-0066 refers to its effective date, this
AD requires using the effective date of this AD.
    (3) Where paragraph (4) of, and the service information
referenced in, EASA AD 2021-0066, specify contacting Airbus
Helicopters Deutschland GmbH for applicable instructions if any
damage (which may be indicated by signs of corrosion, mechanical
damage, loose rivets, or cracks) is found, the corrective action
must be accomplished using a method approved by the Manager, General
Aviation & Rotorcraft Section, International Validation Branch, FAA;
or EASA; or Airbus Helicopters Deutschland GmbH EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.
    (4) Where the service information referenced in EASA AD 2021-
0066 specifies to discard certain parts, this AD requires removing
the parts from service instead.
    (5) This AD does not require the ``Remarks'' section of EASA AD
2021-0066.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2021-0066
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.

(j) Special Flight Permit

    Special flight permits may be issued in accordance with 14 CFR
21.197 and 21.199 to operate the helicopter to a location where the
helicopter can be inspected (if the operator elects to do so),
provided the outboard load system is not used until the applicable
corrective actions required by paragraph (4) of EASA AD 2021-0066
are completed.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the International Validation Branch, send
it to the attention of the person identified in paragraph (l)(2) of
this AD. Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(l) Related Information

    (1) For EASA AD 2021-0066, contact Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221 8999 000; email
<EMAIL_ADDRESS>internet www.easa.europa.eu. You may view this
material at the FAA, Office of the Regional Counsel, Southwest
Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, TX 76177. For
information on the availability of this material at the FAA, call
(817) 222-5110. This material may be found in the AD docket at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2021-0826.
    (2) For more information about this AD, contact Darren Gassetto,
Aerospace Engineer, COS Program Management Section, Operational
Safety Branch, Compliance & Airworthiness Division, FAA, 1600
Stewart Ave., Suite 410, Westbury, NY 11590; telephone (516) 228-
7323; email<EMAIL_ADDRESS>
    Issued on September 15, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-20413 Filed 9-22-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 103 (Friday, May 27, 2022)]
[Notices]
[Pages 32233-32234]
[FR Doc No: 2022-11493]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2022-0044]

Pipeline Safety: Request for Special Permit; Rockies Express
Pipeline, LLC

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA);
DOT.

ACTION: Notice.

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

SUMMARY: PHMSA is publishing this notice to solicit public comments on
a request for special permit received from Rockies Express Pipeline,
LLC (REX). The special permit request is seeking relief from compliance
with certain requirements in the federal pipeline safety regulations.
At the conclusion of the 30-day comment period, PHMSA will review the
comments received from this notice as part of its evaluation to grant
or deny the special permit request.

DATES: Submit any comments regarding this special permit request by
June 27, 2022.

ADDRESSES: Comments should reference the docket number for this special
permit request and may be submitted in the following ways:
     E-Gov Website: http://www.Regulations.gov. This site
allows the public to enter comments on any Federal Register notice
issued by any agency.
     Fax: 1-202-493-2251.

     Mail: Docket Management System: U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Docket Management System: U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590, between
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal
holidays.
    Instructions: You should identify the docket number for the special
permit request you are commenting on at the beginning of your comments.
If you submit your comments by mail, please submit two (2) copies. To
receive confirmation that PHMSA has received your comments, please
include a self-addressed stamped postcard. Internet users may submit
comments at http://www.Regulations.gov.

    Note:  There is a privacy statement published on http://www.Regulations.gov. Comments, including any personal information
provided, are posted without changes or edits to http://www.Regulations.gov.

    Confidential Business Information: Confidential Business
Information (CBI) is commercial or financial information that is both
customarily and actually treated as private by its owner. Under the
Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from
public disclosure. If your comments responsive to this notice contain
commercial or financial information that is customarily treated as
private, that you actually treat as private, and that is relevant or
responsive to this notice, it is important that you clearly designate
the submitted comments as CBI. Pursuant to 49 Code of Federal
Regulations (CFR) 190.343, you may ask PHMSA to give confidential
treatment to information you give to the agency by taking the following
steps: (1) Mark each page of the original document submission
containing CBI as ``Confidential''; (2) send PHMSA, along with the
original document, a second copy of the original document with the CBI
deleted; and (3) explain why the information you are submitting is CBI.
Unless you are notified otherwise, PHMSA will treat such marked
submissions as confidential under the FOIA, and they will not be placed
in the public docket of this notice. Submissions containing CBI should
be sent to Kay McIver, DOT, PHMSA-PHP-80, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001. Any commentary PHMSA receives that is not
specifically designated as CBI will be placed in the public docket for
this matter.

FOR FURTHER INFORMATION CONTACT:
    General: Ms. Kay McIver by telephone at<PHONE_NUMBER>, or by email
at [email protected].
    Technical: Mr. Steve Nanney by telephone at<PHONE_NUMBER>, or by
email at [email protected].

SUPPLEMENTARY INFORMATION: PHMSA received a special permit request from
REX, which is owned and operated by Tallgrass Energy Partners, LP,
seeking a waiver from the requirements of 49 CFR 192.611: Change in
class location: Confirmation or revision of maximum allowable operating
pressure.
    This special permit is being requested in lieu of pipe replacement,
pressure reduction, or new pressure tests for twenty (20) gas
transmission special permit segments totaling 22,465 feet
(approximately 4.252 miles) of pipeline. These special permit segments,
which have changed from a Class 1 to Class 2 location and operate at a
stress level of 80 percent of specified minimum yield strength, are as
follows:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Maximum allowable
                                                               Outside                                                     Year       operating pressure
  Special permit  segment No.         County, state           diameter             Line name           Length (feet)     installed    (pounds per square
                                                              (inches)                                                                    inch gauge)
--------------------------------------------------------------------------------------------------------------------------------------------------------
S1............................  Buchanan, MO.............              42  Steele City to Turney....             938            2008               1,480
S2............................  Macon, IL................              42  Blue Mound to Bainbridge.             705            2009               1,480
S3............................  Macon, IL................              42  Blue Mound to Bainbridge.           3,055            2009               1,480
S4............................  Douglas, IL..............              42  Blue Mound to Bainbridge.             454            2009               1,480
S5............................  Douglas, IL..............              42  Blue Mound to Bainbridge.             529            2009               1,480
S6............................  Douglas, IL..............              42  Blue Mound to Bainbridge.           1,567            2009               1,480
S7............................  Morgan, IN...............              42  Bainbridge to Hamilton...             239            2009               1,480
S8............................  Morgan, IN...............              42  Bainbridge to Hamilton...           1,671            2009               1,480
S9............................  Butler, OH...............              42  Bainbridge to Hamilton...             308            2009               1,480
S10...........................  Butler, OH...............              42  Bainbridge to Hamilton...           1,261            2009               1,480
S11...........................  Butler, OH...............              42  Bainbridge to Hamilton...             163            2009               1,480
S12...........................  Butler, OH...............              42  Bainbridge to Hamilton...             915            2009               1,480
S13...........................  Warren, OH...............              42  Bainbridge to Hamilton...             128            2009               1,480
S14...........................  Warren, OH...............              42  Hamilton to                           461            2009               1,480
                                                                            Chandlersville.
S15...........................  Pickaway, OH.............              42  Hamilton to                           275            2009               1,480
                                                                            Chandlersville.
S16...........................  Fairfield, OH............              42  Hamilton to                         2,215            2009               1,480
                                                                            Chandlersville.
S17...........................  Fairfield, OH............              42  Hamilton to                           758            2009               1,480
                                                                            Chandlersville.
S18...........................  Fairfield, OH............              42  Hamilton to                           111            2009               1,480
                                                                            Chandlersville.
S19...........................  Perry, OH................              42  Hamilton to                         2,386            2009               1,480
                                                                            Chandlersville.
S20...........................  Muskingum, OH............              42  Chandlersville to                   4,314            2009               1,480
                                                                            Clarington.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The special permit request, proposed special permit with
conditions, and draft environmental assessment (DEA) for the above
listed REX special permit segments are available for review and public
comments in Docket No. PHMSA-2022-0044. PHMSA invites interested
persons to review and submit comments on the special permit request and
DEA in the docket. Please include any comments on potential safety and
environmental impacts that may result if the special permit is granted.
Comments may include relevant data.
    Before issuing a decision on the special permit request, PHMSA will
evaluate all comments received on or before the comments closing date.
Comments received after the closing date will be evaluated, if it is
possible to do so without incurring additional expense or delay. PHMSA
will consider each relevant comment it receives in making its decision
to grant or deny this special permit request.

    Issued in Washington, DC, on May 16, 2022, under authority
delegated in 49 CFR 1.97.
Alan K. Mayberry,
Associate Administrator for Pipeline Safety.
[FR Doc. 2022-11493 Filed 5-26-22; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register Volume 84, Number 171 (Wednesday, September 4, 2019)]
[Notices]
[Pages 46505-46506]
[FR Doc No: 2019-19068]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2744-050]

North East Wisconsin Hydro, LLC; Notice of Drawdown, Temporary
Variance and Soliciting Comments

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Drawdown of the Park Mill Power Canal.
    b. Project No.: 2744-050.
    c. Date Filed: August 5, 2019.
    d. Applicant: North East Wisconsin Hydro, LLC.
    e. Name of Project: Menominee and Park Mill Hydroelectric Project.
    f. Location: The project is located on the Menominee River in
Menominee County, Michigan, and Marinette County, Wisconsin.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791 (a)-825(r).
    h. Applicant Contact: Mr. Michael Scarzello, North East Wisconsin
Hydro, LLC, c/o Eagle Creek Renewable Energy, 116 North State Street,
P.O. Box 167, Neshkoro, WI 54960-0167,<PHONE_NUMBER>.
    i. FERC Contact: Aneela Mousam,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    j. Deadline for filing comments is 15 days from the issuance date
of this notice by the Commission.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, and protests using the Commission's
eFiling system at http://www.ferc.gov/docs-filing/efiling.asp.
Commenters can submit brief comments up to 6,000 characters, without
prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact
information at the end of your comments. For assistance, please contact
FERC Online Support at<EMAIL_ADDRESS>(866) 208-3676 (toll
free), or<PHONE_NUMBER> (TTY). In lieu of electronic filing, please
send a paper copy to: Secretary, Federal Energy Regulatory Commission,
888 First Street NE, Washington, DC 20426. The first page of any filing
should include docket number P-2744-050. Comments emailed to Commission
staff are not considered part of the Commission record.
    k. Description of Request: The licensee is requesting to conduct a
drawdown of the Park Mill Power Canal as soon as possible, while it
finalizes the

Drawdown Plan required by Article 404 of the license. The licensee must
lower the water surface elevation of the project's 2,400-foot-long
power canal by approximately 18 feet to complete turbine maintenance/
repairs on several units currently out of service. The license proposes
a drawdown rate of 1.0 feet per 24-hour with no more than 0.5 feet drop
in any 8-hour period. The drawdown, repair and refill is estimated to
span nine week. The licensee has consulted with the Wisconsin and
Michigan Departments of Natural Resources, and the U.S. Fish and
Wildlife Service.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street NE, Room 2A, Washington, DC
20426, or by calling<PHONE_NUMBER>. This filing may also be viewed on
the Commission's website at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number excluding the last three digits
in the docket number field to access the document. You may also
register online at http://www.ferc.gov/docs-filing/esubscription.asp to
be notified via email of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or email
<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item
(h) above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments: Anyone may submit comments in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. Any comments must be received on or before the specified comment
date for the particular application.
    o. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title COMMENTS, as applicable; (2) set forth in the
heading the name of the applicant and the project number of the
application to which the filing responds; (3) furnish the name,
address, and telephone number of the person commenting; and (4)
otherwise comply with the requirements of 18 CFR 385.2001 through
385.2005. All comments must set forth their evidentiary basis. A copy
of all other filings in reference to this application must be
accompanied by proof of service on all persons listed in the service
list prepared by the Commission in this proceeding, in accordance with
18 CFR 385.2010.

    Dated: August 19, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-19068 Filed 9-3-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 179 (Friday, September 14, 2012)]
[Notices]
[Pages 56830-56831]
[FR Doc No: 2012-22679]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER12-2560-000.
    Applicants: Monongahela Power Company.
    Description: Refile to be effective 9/1/2012.

    Filed Date: 8/31/12.
    Accession Number: 20120831-5196.
    Comments Due: 5 p.m. ET 9/21/12.

    Docket Numbers: ER12-2561-000.
    Applicants: Duquesne Light Company.
    Description: Category Seller Change to be effective 8/31/2012.
    Filed Date: 8/31/12.
    Accession Number: 20120831-5204.
    Comments Due: 5 p.m. ET 9/21/12.

    Docket Numbers: ER12-2562-000.
    Applicants: Southwest Power Pool, Inc.
    Description: 2462 Twin Eagle Resource Meter Agent Agreement to be
effective 8/1/2012.
    Filed Date: 8/31/12.
    Accession Number: 20120831-5218.
    Comments Due: 5 p.m. ET 9/21/12.

    Docket Numbers: ER12-2563-000.
    Applicants: Tampa Electric Company.
    Description: Second Revised Rate Schedule No. 63 Cancelling First
Amendment to be effective 8/31/2012.
    Filed Date: 8/31/12.
    Accession Number: 20120831-5228.
    Comments Due: 5 p.m. ET 9/21/12.

    Docket Numbers: ER12-2564-000.
    Applicants: Duquesne Conemaugh, LLC.
    Description: Category Seller Change to be effective 8/31/2012.
    Filed Date: 8/31/12.
    Accession Number: 20120831-5260.
    Comments Due: 5 p.m. ET 9/21/12.

    Docket Numbers: ER12-2565-000.
    Applicants: Duquesne Keystone, LLC.
    Description: Category Seller Change to be effective 8/31/2012.
    Filed Date: 8/31/12.
    Accession Number: 20120831-5263.
    Comments Due: 5 p.m. ET 9/21/12.

    Docket Numbers: ER12-2566-000.
    Applicants: Duquesne Power, LLC.
    Description: Category Seller Change to be effective 8/31/2012.
    Filed Date: 8/31/12.
    Accession Number: 20120831-5265.
    Comments Due: 5 p.m. ET 9/21/12.

    Docket Numbers: ER12-2567-000.
    Applicants: New England Power Pool Participants Committee.
    Description: Sep 2012 Membership Filing to be effective 8/1/2012.
    Filed Date: 8/31/12.
    Accession Number: 20120831-5280.
    Comments Due: 5 p.m. ET 9/21/12.

    Docket Numbers: ER12-2568-000.
    Applicants: New York Independent System Operator, Inc.
    Description: NYISO Tariff Revisions Regarding Black Start and
System Restoration Service to be effective 11/1/2012.
    Filed Date: 8/31/12.
    Accession Number: 20120831-5289.
    Comments Due: 5 p.m. ET 9/21/12.

    Docket Numbers: ER12-2569-000.
    Applicants: Tampa Electric Company.
    Description: Third Revised Rate Schedule No. 63 With Second
Amendment to be effective 9/1/2012.
    Filed Date: 8/31/12.
    Accession Number: 20120831-5296.
    Comments Due: 5 p.m. ET 9/21/12.

    Docket Numbers: ER12-2570-000.
    Applicants: Panther Creek Power Operating, LLC.
    Description: Market-Based Rate Tariff to be effective 10/17/2012.
    Filed Date: 8/31/12.
    Accession Number: 20120831-5310.
    Comments Due: 5 p.m. ET 9/21/12.

    Docket Numbers: ER12-2571-000.
    Applicants: Fountain Valley Power, L.L.C.
    Description: Market-Based Rate Service Agreement to be effective 9/
1/2012.

    Filed Date: 8/31/12.
    Accession Number: 20120831-5312.
    Comments Due: 5 p.m. ET 9/21/12.

    Docket Numbers: ER12-2572-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Clean-Up Filing to be effective 7/28/2010.
    Filed Date: 8/31/12.
    Accession Number: 20120831-5313.
    Comments Due: 5 p.m. ET 9/21/12.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: September 4, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-22679 Filed 9-13-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: March 31, 2006 (Volume 71, Number 62)]
[Notices]
[Page 16306-16307]
[DOCID:fr31mr06-66]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8052-5; Docket ID No. EPA-HQ-ORD-2006-0223]

Considerations for Developing Alternative Health Risk Assessment
Approaches for Addressing Multiple Chemicals, Exposures and Effects;
External Review Draft

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of public comment period.

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

SUMMARY: EPA is announcing a 45-day public comment period for the draft
document titled, ``Considerations for Developing Alternative Health
Risk Assessment Approaches for Addressing Multiple Chemicals, Exposures
and Effects'' (EPA/600/R-06/013A). The draft document was prepared by
the National Center for Environmental Assessment (NCEA) within EPA's
Office of Research and Development.
    EPA is releasing this draft document solely for the purpose of pre-
dissemination peer review under applicable information quality
guidelines. This document has not been formally disseminated by EPA. It
does not represent and should not be construed to represent any Agency
policy or determination. EPA will consider any public comments
submitted in accordance with this notice when revising the document.

DATES: The 45-day public comment period begins March 31, 2006, and ends
May 15, 2006. Technical comments should be in writing and must be
received by EPA by May 15, 2006.

ADDRESSES: The draft document, ``Considerations for Developing
Alternative Health Risk Assessment Approaches for Addressing Multiple
Chemicals, Exposures and Effects,'' is available primarily via the
Internet on the NCEA home page under the Recent Additions and the Data
and Publications menus at http://www.epa.gov/ncea.

    A limited number of paper copies are available from Ms. Donna
Tucker, Technical Information Manager, NCEA-Cincinnati; telephone: 513-
569-7257; facsimile:<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>If you
are requesting a paper copy, please provide your name, your mailing
address, and the document title, ``Considerations for Developing
Alternative Health Risk Assessment Approaches for Addressing Multiple
Chemicals, Exposures and Effects,'' and its EPA publication number,
EPA/600/R-06/013A.
    Comments may be submitted electronically via http://www.regulations.gov
, by mail, by facsimile, or by hand delivery/

courier. Please follow the detailed instructions provided in the
SUPPLEMENTARY INFORMATION section of this notice.

FOR FURTHER INFORMATION CONTACT: For information on the public comment
period, contact the Office of Environmental Information Docket;
telephone:<PHONE_NUMBER>; facsimile:<PHONE_NUMBER>; or e-mail:
<EMAIL_ADDRESS>
    For technical information, contact Linda K. Teuschler, NCEA-
Cincinnati; telephone:<PHONE_NUMBER>; facsimile:<PHONE_NUMBER>; or e-
mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Information About the Document

    In EPA's 2003 ``Framework for Cumulative Risk Assessment,''
cumulative risk assessment is defined as the evaluation of risks from
exposures to multiple chemicals and other stressors, and having a
population focus rather than a source-to-receptor focus. Several
reports and environmental justice concerns published over the past 11
years have highlighted the importance of estimating cumulative risks.
EPA has published several guidance documents dealing with specific
aspects of cumulative risk, such as chemical mixture risk assessment,
planning and scoping, stakeholder involvement, and the toxicity from a
mixture of pesticides sharing a common mode of action. This draft
document is one contribution to EPA's efforts to address issues related
to cumulative health risk assessment.
    Existing EPA guidance addresses some of the combination aspects of
cumulative risk, but none addresses all of the multiples included in
this report, such as consideration of the composite impact of multiple
health effects. Among the distinctive new approaches are those for
grouping chemicals based on exposure characteristics and toxic
endpoints, multi-route combination of relative potency factors,
integration of categorical regression modeling of multiple effects with
additivity approaches, and the emphasis on the iteration and
collaboration between exposure assessment and dose-response assessment
to ensure compatible and relevant information. Major findings and
conclusions in this document are as follows:
     This draft report provides a set of approaches that deal
with certain complications in cumulative risk assessment, specifically
those caused by multiple chemicals, exposures and effects, including
toxicological interactions and environmental

transformations of mixture component chemicals.
     The scope is focused on the evaluation of health risks
from exposures to multiple chemicals, including multiple exposure
routes and times as well as multiple health endpoints.
     Areas of cumulative health risk assessment emphasized in
this report can often be performed with existing information.
     Exposure and toxicity characterizations of mixtures are
strongly dependent on mixture composition (chemicals and
concentrations) and timing of exposures and health effects.
     Qualitative and semiquantitative approaches provided can
simplify the number of potential combinations of chemicals, exposures,
and effects to make the cumulative health risk assessment more
feasible.

II. How to Submit Technical Comments to http://www.regulations.gov

    Submit your comments, identified by Docket ID No. EPA-HQ-ORD-2006-
0223 by one of the following methods:
     http://www.regulations.gov: Follow the on-line

instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: Office of Environmental Information Docket (Mail
Code: 2822T), U.S. Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460. The phone number is<PHONE_NUMBER>;
facsimile:<PHONE_NUMBER>.
     Hand Delivery: The Office of Environmental Information
(OEI) Docket in the EPA Headquarters Docket Center, Room B102, EPA West
Building, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket
Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
Public Reading Room is<PHONE_NUMBER>, and the telephone number for the
OEI Docket is<PHONE_NUMBER>; facsimile:<PHONE_NUMBER>; or e-mail:
<EMAIL_ADDRESS>Such deliveries are only accepted during the

Docket's normal hours of operation, and special arrangements should be
made for deliveries of boxed information.
    If you provide comments in writing, please submit one unbound
original with pages numbered consecutively, and three copies of the
comments. For attachments, provide an index, number pages consecutively
with the comments, and submit an unbound original and three copies.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-ORD-
2006-0223. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online 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 http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site

is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be

automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm
.

    Docket: All documents in the docket are listed in the http://www.regulations.gov
 index. 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, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the OEI Docket in the

EPA Headquarters Docket Center.

    Dated: March 27, 2006.
Peter W. Preuss,
Director, National Center for Environmental Assessment.
 [FR Doc. E6-4746 Filed 3-30-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 209 (Monday, October 29, 2018)]
[Notices]
[Pages 54411-54412]
[FR Doc No: 2018-23658]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

TIME AND DATE: Notice is hereby given, pursuant to the provisions of
the Government in the Sunshine Act, Public Law 94-409, the Securities
and Exchange Commission will hold an Open Meeting on Wednesday, October
31, 2018 at 10:00 a.m.

PLACE: The meeting will be held in Auditorium LL-002 at the
Commission's headquarters, 100 F Street NE, Washington, DC 20549.

STATUS: This meeting will begin at 10:00 a.m. (ET) and will be open to
the public. Seating will be on a first-come, first-served basis.
Visitors will be subject to security checks. The meeting will be
webcast on the Commission's website at www.sec.gov.

MATTERS TO BE CONSIDERED: The subject matter of the Open Meeting will
be the Commission's consideration of:
     Whether to adopt amendments to modernize the property
disclosure requirements for mining registrants and related guidance.

    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.

CONTACT PERSON FOR MORE INFORMATION: For further information, please
contact Brent J. Fields from the Office of the Secretary at (202) 551-
5400.

    Dated: October 24, 2018.
Brent J. Fields,
Secretary.
[FR Doc. 2018-23658 Filed 10-25-18; 11:15 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 5 (Thursday, January 8, 2015)]
[Notices]
[Pages 1072-1073]
[FR Doc No: 2015-00093]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0154]

Qualification of Drivers; Exemption Applications; Hearing

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

ACTION: Notice of renewal of exemptions; request for comments.

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

SUMMARY: FMCSA announces its decision to renew the exemptions from the
hearing requirement in the Federal Motor Carrier Safety Regulations for
15 individuals. FMCSA has statutory authority to exempt individuals
from the hearing requirement if the exemptions granted will not
compromise safety. The Agency has concluded that granting these
exemption renewals will provide a level of safety that is equivalent to
or greater than the level of safety maintained without the exemptions
for these commercial motor vehicle (CMV) drivers.

DATES: This decision is effective January 12, 2015. Comments must be
received on or before February 9, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-2012-
0154], using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and
5 p.m., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket number for this notice. Note that DOT posts all comments
received without change to http://www.regulations.gov, including any
personal information included in a comment. Please see the Privacy Act
heading below.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Federal Docket Management System (FDMS) is
available 24 hours each day, 365 days each year. If you want
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement
page that appears after submitting comments on-line.

C. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical
Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption
from the hearing requirement in 49 CFR 391.41(b)(11), which applies to
drivers of CMVs in interstate commerce, for a two-year period if it
finds ``such exemption would likely achieve a level of safety that is
equivalent to or greater than the level that would be achieved absent
such exemption.'' The procedures for requesting an exemption (including
renewals) are set out in 49 CFR part 381.

Exemption Decision

    This notice addresses 15 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. FMCSA has
evaluated these applications for renewal on their merits and decided to
extend each exemption for a renewable two-year period. They are:

David W. Bateman (MN)
William B. Britt, Jr. (TN)
Tyjuan M. Davis (FL)
Randall R. Doane (TX)
Alvin L. Johnson (GA)
Jerry D. Jones (TX)
Christopher Kuller (PA)
Kathy K. Miller (IA)
Larry J. Moss (CA)
Jeremy R. Reams (KY)
Daniel Schoultz (PA)
James M. Skinner (FL)
Justin J. Tretheway (WI)
Mark Valimont (IA)
Holly Cameron Wright, Jr. (NC)

    The exemption will be rescinded if: (1) The person fails to comply
with the terms and conditions of the exemption; (2) the exemption has
resulted in a lower level of safety than was maintained before it was
granted; or (3) continuation of the exemption would not be consistent
with the goals and objectives of 49 U.S.C. 31136(e) and 31315.

Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than two years from its approval date and may be renewed upon
application for additional two year periods. In

accordance with 49 U.S.C. 31136(e) and 31315, each of the 15 applicants
has satisfied the entry conditions for obtaining an exemption from the
hearing requirement (77 FR 31427). Each of these 15 applicants has
requested renewal of the exemption and CDLIS and MCMIS were searched
for crash and violation data on the 15 applicants. For non-CDL holders,
the Agency reviewed the driving records from the State licensing
agency. These factors provide an adequate basis for predicting each
driver's ability to continue to drive safely in interstate commerce.
Therefore, FMCSA concludes that extending the exemption for each
renewal applicant for a period of two years is likely to achieve a
level of safety equal to that existing without the exemption.

Request for Comments

    FMCSA will review comments received at any time concerning a
particular driver's safety record and determine if the continuation of
the exemption is consistent with the requirements at 49 U.S.C. 31136(e)
and 31315. However, FMCSA requests that interested parties with
specific data concerning the safety records of these drivers submit
comments by February 9, 2015.
    FMCSA believes that the requirements for a renewal of an exemption
under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially
granting the renewal and then requesting and evaluating, if needed,
subsequent comments submitted by interested parties. As indicated
above, the Agency previously published notices of final disposition
announcing its decision to exempt these 15 individuals from the hearing
requirement in 49 CFR 391.41(b)(11). The final decision to grant an
exemption to each of these individuals was made on the merits of each
case and made only after careful consideration of the comments received
to its notices of applications. That information is available by
consulting the above cited Federal Register publications.
    Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315, FMCSA will take immediate steps to revoke the
exemption of a driver.

Submitting Comments

    You may submit your comments and material online or by fax, mail,
or hand delivery, but please use only one of these means. FMCSA
recommends that you include your name and a mailing address, an email
address, or a phone number in the body of your document so that FMCSA
can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and
in the search box insert the docket number FMCSA-2012-0154 and click
the search button. When the new screen appears, click on the blue
``Comment Now!'' button on the right hand side of the page. On the new
page, enter information required including the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. If you submit your comments by mail or
hand delivery, submit them in an unbound format, no larger than 8\1/2\
by 11 inches, suitable for copying and electronic filing. If you submit
comments by mail and would like to know that they reached the facility,
please enclose a stamped, self-addressed postcard or envelope. We will
consider all comments and material received during the comment period.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this
notice, or to submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number
FMCSA-2012-0154 and click ``Search.'' Next, click ``Open Docket
Folder'' and you will find all documents and comments related to this
document.

    Issued on: December 31, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-00093 Filed 1-7-15; 8:45 am]
BILLING CODE 4910-EX-P