\222\ Trade Associations Comments at 35; APS Comments at 10-11.
    \223\ WIRAB Comments at 9.
---------------------------------------------------------------------------

    140. INGAA asks for acknowledgment that the Commission approves of
entities providing requested information directly to CEII
requesters.\224\ INGAA also requests that proposed section
388.113(g)(5)(ix) be modified to add ``information on rare species of
plants and animals'' to the list of items not required to be released
through the CEII process.\225\
---------------------------------------------------------------------------

    \224\ INGAA Comments at 4.
    \225\ Id.
---------------------------------------------------------------------------

    141. Public Interest Organizations ask the Commission to establish
a reasonable timeline for the review of and response to CEII
requests.\226\ APS requests that the Commission add a default twenty-
day time period to respond to CEII requests unless the information is
needed in fewer than twenty days.\227\ NERC suggests that the
Commission add a provision indicating that the Commission may toll the
response time when there is a need to gather further information from
the requester.\228\
---------------------------------------------------------------------------

    \226\ Public Interest Organizations Comments at 10 (noting that
it often takes 4-6 months to get access to Form No. 715 information
through the existing Critical Energy Infrastructure Information
process).
    \227\ APS Comments at 8.
    \228\ NERC Comments at 16 (citing 5 U.S.C. 552(a)(6)(B)(ii)).
---------------------------------------------------------------------------

    142. NERC requests that the appeal rights available to requesters
be made available to submitting entities to avoid disclosures that
might place CEII at risk.\229\ TAPS asks for clarification that when
conditions are imposed on a receipt of CEII, appeal rights will be
granted.\230\
---------------------------------------------------------------------------

    \229\ Id. at 18.
    \230\ TAPS Comments at 14.
---------------------------------------------------------------------------

Commission Determination
    143. APPA and the Trade Associations have not demonstrated a need
for the Commission to change its practices and use a tiered system of
categories of CEII or a heightened ``need to know'' standard for bulk-
power system information. The Commission will continue to ``balance the
requestor's need for the information against the sensitivity of the
information.'' \231\ The Commission has utilized this balancing
approach effectively in response to Critical Energy Infrastructure
Information requests for almost fifteen years. The balancing approach
has provided to individuals with a demonstrated need access to
information subject to a NDA. However, in some instances, the
Commission has balanced a requester's asserted need for the information
against its sensitivity and has determined not to produce certain types
of CEII to the requester. The Commission will continue this balancing
approach under the Final Rule.
---------------------------------------------------------------------------

    \231\ Section 388.113(g)(5)(iii).
---------------------------------------------------------------------------

    144. As noted above, the FAST Act does not require changes to the
Commission's existing process for accessing information. The CEII
Coordinator will continue to evaluate each request individually. In
response to Peak's comments, the Commission notes that the current
procedures allow academics to obtain CEII, and that the Commission
does, as appropriate in individual rulemakings, consider whether
certain categories of information should generally be made available
for research.\232\ The Commission is not persuaded that any

changes should be made to restrict or expand access to CEII by
academics.
---------------------------------------------------------------------------

    \232\ See, e.g., Reliability Standard for Transmission System
Planned Performance for Geomagnetic Disturbance Events, 156 FERC ]
61,215, at PP 93-95 (2016) (determining that geomagnetically induced
current monitoring and magnetometer data will help facilitate
geomagnetic disturbance research and concluding that such data
typically should not be treated as confidential).
---------------------------------------------------------------------------

    145. The Commission also disagrees with deleting the term ``other
reasons'' from proposed section 388.113(g)(5)(iv) as there may be other
legitimate reasons why the Commission would not permit access to
certain CEII in particular situations.
    146. The Commission is not persuaded that it needs to adopt Peak's
proposed changes to the owner-operator provision. An owner-operator has
a need to obtain CEII about its own facility. To the extent the owner-
operator needs other CEII, it can pursue additional information through
the regular CEII request process.
    147. As to the comment by Public Interest Organizations, the Final
Rule maintains the mechanism for interveners to request CEII outside of
the CEII process.\233\
---------------------------------------------------------------------------

    \233\ See section 388.113(g)(4).
---------------------------------------------------------------------------

    148. The Commission agrees with MISO's change to proposed section
388.113(g)(4), and amends that provision to include all of the language
that currently exists in section 388.112(b)(2)(iv) to ensure that if an
objection to the disclosure of CEII is filed, the information will not
be disclosed until directed by the Commission or a decisional
authority.
    149. In response to Peak's comments, the Commission clarifies that
a federal agency in receipt of CEII from the Commission must protect
that information in the same manner as the Commission. That agency will
be required to execute an appropriate Agency Acknowledgment and
Agreement. We clarify that derivative analyses that use or rely on
CEII, without actually disclosing CEII, do not automatically qualify as
CEII unless the information provided could reasonably be expected to
lead to the disclosure of CEII.\234\
---------------------------------------------------------------------------

    \234\ See supra P 64.
---------------------------------------------------------------------------

    150. Recognizing that the employment status and circumstances
surrounding an individual or organization can change, in response to
APS's comment, the Commission will modify the NDAs to indicate that a
recipient of CEII must promptly notify the Commission if any changed
conditions, such as a change in employment, occur.
    151. Amended section 388.113(g)(5)(v) recognizes that in some
instances a requester may request CEII multiple times during a calendar
year. In response to comments by APS and Trade Associations regarding
the robustness of the requester verifications, the Commission clarifies
that each request will be reviewed by balancing the needs of the
requester against the sensitivity of the requested information.
    152. In response to INGAA's request, the Commission notes that
under the current CEII rules, entities may share information that they
submitted to the Commission with a request for CEII treatment (as
opposed to CEII that they received from the Commission) directly with
other entities, and the Commission will continue to encourage and
support such a practice. The Commission adopts INGAA's recommendation
that ``information about rare species of plants and animals'' be added
to the section 388.113(g)(5)(ix) list of items that are not required to
be released when the information is inextricably intertwined with CEII.
    153. In response to comments by Public Interest Organizations, the
Commission is not persuaded that additional clarifications regarding
timing are necessary. Section 388.113(g)(5)(vii) of the amended
regulations indicates that the time period for responding to CEII
requests should mirror the period for responding to FOIA requests. In
response to APS's suggestion of a default time period for the
Commission to respond to a request for CEII unless the information is
needed sooner, expedited treatment is not needed, as a requester may
include a timeframe in which it needs the information, and the
Commission will endeavor to respond in that period. The Commission
believes that NERC's recommendation to place language concerning
tolling in the CEII regulation is not necessary, as the time
requirement for responses to requesters is not binding and the
Commission's practice is to always toll the response period when
further information is needed.
    154. In response to NERC's comment regarding appeal rights, the
Commission notes that the existing CEII appeals process, which provides
appeal rights to the requester, has been effective and there is no
compelling need to extend a right to appeal to anyone other than the
individual requester. If a submitter believes that its objection to
disclosure of its CEII under a NDA has not been fully addressed, the
submitter may raise that issue in district court.\235\
---------------------------------------------------------------------------

    \235\ Because the challenge does not relate to the designation
of the information, the action would not be under FPA section
215A(d)(11). See supra note 130; see also Cortez III Serv. Corp v.
NASA, 921 F.Supp. 8, 11 (D.D.C. 1996) (holding, in a ``reverse
FOIA'' action, that courts have jurisdiction over claims from
parties that a release of their information would adversely affect
them.'')
---------------------------------------------------------------------------

    155. In response to TAPS's comment, the Commission clarifies that
appeal rights apply when it imposes any conditions on receipt of CEII.

III. Information Collection Statement

    156. The Paperwork Reduction Act and Office of Management and
Budget's (OMB) implementing regulations require OMB to review and
approve certain information collection requirements imposed by agency
rule.\236\ This Final Rule does not impose any additional information
collection requirements.\237\ Therefore, the information collection
regulations do not apply to this Final Rule.
---------------------------------------------------------------------------

    \236\ 5 CFR part 1320.
    \237\ The current information collection requirements related to
requesting access to CEII material are approved by OMB under FERC-
603 (OMB Control No. 1902-0197).
---------------------------------------------------------------------------

IV. Environmental Analysis

    157. The Commission is required to prepare an Environmental
Assessment or an Environmental Impact Statement for any action that may
have a significant adverse effect on the human environment.\238\
---------------------------------------------------------------------------

    \238\ Regulations Implementing National Environmental Policy Act
of 1969, Order No. 486, FERC Stats. & Regs. ] 30,783 (1987).
---------------------------------------------------------------------------

    158. The Commission has categorically excluded certain actions from
this requirement as not having a significant effect on the human
environment. Included in the exclusion are rules that are clarifying,
corrective, or procedural, or that do not substantially change the
effect of the regulations being amended.\239\ The actions here fall
within this categorical exclusion in the Commission's regulations.
---------------------------------------------------------------------------

    \239\ 18 CFR 380.4(a)(2)(ii).
---------------------------------------------------------------------------

V. Regulatory Flexibility Act Certification

    159. The Regulatory Flexibility Act of 1980 (RFA) requires
rulemakings to contain either a description and analysis of the effect
that the rule will have on small entities or a certification that the
rule will not have a significant economic impact on a substantial
number of small entities.\240\ Rules that are exempt from the notice
and comment requirements of section 553(b) of the Administrative
Procedure Act are exempt from the RFA requirements. The Final Rule
concerns rules of agency procedure and, therefore, an analysis under
the RFA is not required.\241\
---------------------------------------------------------------------------

    \240\ 5 U.S.C. 603 (2012).
    \241\ 5 U.S.C. 553(b).
---------------------------------------------------------------------------

VI. Document Availability

    160. In addition to publishing the full text of this document in
the Federal Register, the Commission provides all interested persons an
opportunity to

view and/or print the contents of this document via the Internet
through the Commission's Home Page (http://www.ferc.gov) and in the
Commission's Public Reference Room during normal business hours (8:30
a.m. to 5:00 p.m. Eastern time) at 888 First Street NE., Room 2A,
Washington, DC 20426.
    161. From the Commission's Home Page on the Internet, this
information is available on eLibrary. The full text of this document is
available on eLibrary in PDF and Microsoft Word format for viewing,
printing, and/or downloading. To access this document in eLibrary, type
the docket number of this document, excluding the last three digits, in
the docket number field.
    162. User assistance is available for eLibrary and the Commission
Web site during normal business hours from FERC Online Support at 202-
502-6652 (toll free at 1-866-208-3676) or email at
<EMAIL_ADDRESS>or the Public Reference Room at (202) 502-
8371, TTY<PHONE_NUMBER>. Email the Public Reference Room at
<EMAIL_ADDRESS>
VII. Effective Date and Congressional Notification

    163. These regulations are effective February 21, 2017. The
Commission has determined, with the concurrence of the Administrator of
the Office of Information and Regulatory Affairs of OMB, that this rule
is not a ``major rule'' as defined in section 351 of the Small Business
Regulatory Enforcement Fairness Act of 1996. The Commission will submit
the Final Rule to both houses of Congress and to the General
Accountability Office.

List of Subjects

18 CFR Part 375

    Authority delegations (Government agencies), Seals and insignia,
Sunshine Act.

18 CFR Part 388

    Confidential business information, Freedom of information.

    By the Commission.

    Issued: November 17, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.

    In consideration of the foregoing, the Commission amends Parts 375
and 388, Chapter I, Title 18, Code of Federal Regulations, as follows:

PART 375-- THE COMMISSION

0
1. The authority citation for part 375 continues to read as follows:

    Authority:  5 U.S.C. 551-557; 15 U.S.C. 717-717w, 3301-3432; 16
U.S.C. 791-825r, 2601-2645; 42 U.S.C. 7101-7352.

0
2. In Sec.  375.309, paragraph (h) is added as follows:

Sec.  375.309   Delegations to the General Counsel

* * * * *
    (h) Deny or grant, in whole or in part, an appeal of a
determination by the CEII Coordinator.

0
3. In Sec.  375.313:
0
a. Revise the section heading and paragraphs (a) and (b);
0
b. Redesignate paragraphs (c) through (e) as paragraphs (d) through (f)
and revising newly redesignated paragraphs (d) through (f); and
0
c. Add a new paragraph (c).
    The revisions and addition read as follows:

Sec.  375.313   Delegations to the Critical Energy/Electric
Infrastructure Information (CEII) Coordinator

* * * * *
    (a) Receive and review all requests for CEII as defined in Sec.
388.113(c) of this chapter.
    (b) Make determinations as to whether particular information fits
within the definition of CEII found at Sec.  388.113(c) of this
chapter, including designating information, as appropriate.
    (c) Make determinations that information designated as CEII should
no longer be so designated when the unauthorized disclosure of the
information could no longer be used to impair the security or
reliability of the bulk-power system or distribution facilities or any
other form of energy infrastructure.
    (d) Make determinations as to whether a particular requester's need
for and ability and willingness to protect CEII warrants limited
disclosure of the information to the requester.
    (e) Establish reasonable conditions on the release of CEII.
    (f) Release CEII to requesters who satisfy the requirements in
paragraph (d) of this section and agree in writing to abide by any
conditions set forth by the Coordinator pursuant to paragraph (e) of
this section.

PART 388--INFORMATION AND REQUESTS

0
4. The authority citation for part 388 is revised to read as follows:

    Authority:  5 U.S.C. 301-305, 551, 552 (as amended), 553-557; 42
U.S.C. 7101-7352; 16 U.S.C. 824(o-l).

0
5. In Sec.  388.112, the section heading, paragraph (a), the heading of
paragraph (b), and paragraphs (b)(1), (b)(2)(i), (b)(2)(vi), (c)(1),
(d), and (e) are revised to read as follows:

Sec.  388.112   Requests for privileged treatment for documents
submitted to the Commission

    (a) Scope. By following the procedures specified in this section,
any person submitting a document to the Commission may request
privileged treatment for some or all of the information contained in a
particular document that it claims is exempt from the mandatory public
disclosure requirements of the Freedom of Information Act, 5 U.S.C. 552
(FOIA), and should be withheld from public disclosure. For the purposes
of the Commission's filing requirements, non-CEII subject to an
outstanding claim of exemption from disclosure under FOIA will be
referred to as privileged material. The rules governing CEII are
contained in Sec.  388.113.
    (b) Procedures for filing and obtaining privileged material. (1)
General Procedures. A person requesting that material be treated as
privileged information must include in its filing a justification for
such treatment in accordance with the filing procedures posted on the
Commission's Web site at http://www.ferc.gov. A person requesting that
a document filed with the Commission be treated as privileged in whole
or in part must designate the document as privileged in making an
electronic filing or clearly indicate a request for such treatment on a
paper filing. The cover page and pages or portions of the document
containing material for which privileged treatment is claimed should be
clearly labeled in bold, capital lettering, indicating that it contains
privileged or confidential information, as appropriate, and marked ``DO
NOT RELEASE.'' The filer also must submit to the Commission a public
version with the information that is claimed to be privileged material
redacted, to the extent practicable.
    (2) * * *
    (i) If a person files material as privileged material in a
complaint proceeding or other proceeding to which a right to
intervention exists, that person must include a proposed form of
protective agreement with the filing, or identify a protective
agreement that has already been filed in the proceeding that applies to
the filed material. This requirement does not apply to material
submitted in hearing or settlement proceedings, or if the only material
for which privileged treatment is claimed consists of landowner lists
or privileged information filed under Sec. Sec.  380.12(f) and
380.16(f) of this chapter.
* * * * *

    (vi) For landowner lists, information filed as privileged under
Sec. Sec.  380.12(f) and 380.16(f) of this chapter, forms filed with
the Commission, and other documents not covered above, access to this
material can be sought pursuant to a FOIA request under Sec.  388.108.
Applicants are not required under paragraph (b)(2)(iv) of this section
to provide intervenors with landowner lists and the other materials
identified in the previous sentence.
    (c) * * * (1) For documents filed with the Commission:
    (i) The documents for which privileged treatment is claimed will be
maintained in the Commission's document repositories as non-public
until such time as the Commission may determine that the document is
not entitled to the treatment sought and is subject to disclosure
consistent with Sec.  388.108. By treating the documents as nonpublic,
the Commission is not making a determination on any claim of privilege
status. The Commission retains the right to make determinations with
regard to any claim of privilege status, and the discretion to release
information as necessary to carry out its jurisdictional
responsibilities.
    (ii) The request for privileged treatment and the public version of
the document will be made available while the request is pending.
* * * * *
    (d) Notification of request and opportunity to comment. When a FOIA
requester seeks a document for which privilege status has been claimed,
or when the Commission itself is considering release of such
information, the Commission official who will decide whether to release
the information or any other appropriate Commission official will
notify the person who submitted the document and give the person an
opportunity (at least five calendar days) in which to comment in
writing on the request. A copy of this notice will be sent to the
requester.
    (e) Notification before release. Notice of a decision by the
Commission, the Chairman of the Commission, the Director, Office of
External Affairs, the General Counsel or General Counsel's designee, a
presiding officer in a proceeding under part 385 of this chapter, or
any other appropriate official to deny a claim of privilege, in whole
or in part, will be given to any person claiming that the information
is privileged no less than 5 calendar days before disclosure. The
notice will briefly explain why the person's objections to disclosure
are not sustained by the Commission. A copy of this notice will be sent
to the FOIA requester.
* * * * *

0
6. Revise Sec.  388.113 to read as follows:

Sec.  388.113   Critical Energy/Electric Infrastructure Information
(CEII)

    (a) Scope. This section governs the procedures for submitting,
designating, handling, sharing, and disseminating Critical Energy/
Electric Infrastructure Information (CEII) submitted to or generated by
the Commission. The Commission reserves the right to restrict access to
previously filed information as well as Commission-generated
information containing CEII. Nothing in this section limits the ability
of any other Federal agency to take all necessary steps to protect
information within its custody or control that is necessary to ensure
the safety and security of the electric grid. To the extent necessary,
such agency may consult with the CEII Coordinator regarding the
treatment or designation of such information.
    (b) Purpose. The procedures in this section implement section 215A
of the Federal Power Act, and provide a comprehensive overview of the
manner in which the Commission will implement the CEII program.
    (c) Definitions. For purposes of this section:
    (1) Critical electric infrastructure information means information
related to critical electric infrastructure, or proposed critical
electrical infrastructure, generated by or provided to the Commission
or other Federal agency other than classified national security
information, that is designated as critical electric infrastructure
information by the Commission or the Secretary of the Department of
Energy pursuant to section 215A(d) of the Federal Power Act. Such term
includes information that qualifies as critical energy infrastructure
information under the Commission's regulations. Critical Electric
Infrastructure Information is exempt from mandatory disclosure under
the Freedom of Information Act, 5 U.S.C. 552(b)(3) and shall not be
made available by any Federal, State, political subdivision or tribal
authority pursuant to any Federal, State, political subdivision or
tribal law requiring public disclosure of information or records
pursuant to section 215A(d)(1)(A) and (B) of the Federal Power Act.
    (2) Critical energy infrastructure information means specific
engineering, vulnerability, or detailed design information about
proposed or existing critical infrastructure that:
    (i) Relates details about the production, generation,
transportation, transmission, or distribution of energy;
    (ii) Could be useful to a person in planning an attack on critical
infrastructure;
    (iii) Is exempt from mandatory disclosure under the Freedom of
Information Act, 5 U.S.C. 552; and
    (iv) Does not simply give the general location of the critical
infrastructure.
    (3) Critical electric infrastructure means a system or asset of the
bulk-power system, whether physical or virtual, the incapacity or
destruction of which would negatively affect national security,
economic security, public health or safety, or any combination of such
matters.
    (4) Critical infrastructure means existing and proposed systems and
assets, whether physical or virtual, the incapacity or destruction of
which would negatively affect security, economic security, public
health or safety, or any combination of those matters.
    (d) Criteria and procedures for determining what constitutes CEII.
The following criteria and procedures apply to information labeled as
CEII:
    (1) For information submitted to the Commission:
    (i) A person requesting that information submitted to the
Commission be treated as CEII must include with its submission a
justification for such treatment in accordance with the filing
procedures posted on the Commission's Web site at http://www.ferc.gov.
The justification must provide how the information, or any portion of
the information, qualifies as CEII, as the terms are defined in
paragraphs (c)(1) and (2) of this section. The submission must also
include a clear statement of the date the information was submitted to
the Commission, how long the CEII designation should apply to the
information and support for the period proposed. Failure to provide the
justification or other required information could result in denial of
the designation and release of the information to the public.
    (ii) In addition to the justification required by paragraph
(d)(1)(i) of this section, a person requesting that information
submitted to the Commission be treated as CEII must clearly label the
cover page and pages or portions of the information for which CEII
treatment is claimed in bold, capital lettering, indicating that it
contains CEII, as appropriate, and marked ``DO NOT RELEASE.'' The
submitter must also segregate those portions of the information that
contain

CEII (or information that reasonably could be expected to lead to the
disclosure of the CEII) wherever feasible. The submitter must also
submit to the Commission a public version with the information where
CEII is redacted, to the extent practicable.
    (iii) If a person files material as CEII in a complaint proceeding
or other proceeding to which a right to intervention exists, that
person must include a proposed form of protective agreement with the
filing, or identify a protective agreement that has already been filed
in the proceeding that applies to the filed material.
    (iv) The information for which CEII treatment is claimed will be
maintained in the Commission's files as non-public until such time as
the Commission may determine that the information is not entitled to
the treatment sought. By treating the information as CEII, the
Commission is not making a determination on any claim of CEII status.
The Commission retains the right to make determinations with regard to
any claim of CEII status at any time, and the discretion to release
information as necessary to carry out its jurisdictional
responsibilities. Although unmarked information may be eligible for
CEII treatment, the Commission will treat unmarked information as CEII
only if it is properly designated as CEII pursuant to Commission
regulations.
    (v) The CEII Coordinator will evaluate whether the submitted
information or portions of the information are covered by the
definitions in paragraphs (c)(1) and (2) of this section prior to
making a designation as CEII.
    (vi) Subject to the exceptions set forth in paragraph (f)(5) of
this section, when a CEII requester seeks information for which CEII
status has been claimed, or when the Commission itself is considering
release of such information, the CEII Coordinator or any other
appropriate Commission official will notify the person who submitted
the information and give the person an opportunity (at least five
business days) in which to comment in writing on the request. A copy of
this notice will be sent to the requester. Notice of a decision by the
Commission, or the CEII Coordinator to make a release of CEII, will be
given to any person claiming that the information is CEII no less than
five business days before disclosure. The notice will respond to any
objections to disclosure from the submitter that are not sustained.
Where applicable, a copy of this notice will be sent to the CEII
requester.
    (2) For Commission-generated information:
    (i) After consultation with the Office Director for the office that
created the information, or the Office Director's designee, the CEII
Coordinator will designate Commission-generated information as CEII
after determining that the information or portions of the information
are covered by the definitions in paragraphs (c)(1) and (2) of this
section. Commission-generated CEII shall include clear markings to
indicate the information is CEII and the date of the designation.
    (ii) The Commission will segregate non-CEII from Commission-
generated CEII or information that reasonably could be expected to lead
to the disclosure of CEII wherever feasible.
    (e) Duration of the CEII designation. All CEII designations will be
subject to the following conditions:
    (1) A designation may last for up to a five-year period, unless re-
designated. In making a determination as to whether the designation
should be extended, the CEII Coordinator will take into account
information provided in response to paragraph (d)(1)(i) of this
section, and any other information, as appropriate.
    (2) A designation may be removed at any time, in whole or in part,
if the Commission determines that the unauthorized disclosure of CEII
could no longer be used to impair the security or reliability of the
bulk-power system or distribution facilities or any other form of
energy infrastructure.
    (3) The Commission will treat CEII or documents marked as CEII as
non-public after the designation has lapsed until the CEII Coordinator
determines to un-designate the information.
    (4) If a CEII designation is removed, the submitter will receive
notice and an opportunity to comment. The CEII Coordinator will notify
the submitter of the information and give the submitter an opportunity
(at least five business days) in which to comment in writing prior to
the removal of the designation. Notice of a removal decision will be
given to any submitter claiming that the information is CEII no less
than five business days before disclosure. The notice will briefly
explain why the submitter's objections to the removal of the
designation are not sustained by the Commission
    (f) Voluntary sharing of CEII. The Commission, taking into account
standards of the Electric Reliability Organization, will facilitate
voluntary sharing of CEII with, between, and by Federal, state,
political subdivision, and tribal authorities; the Electric Reliability
Organization; regional entities; information sharing and analysis
centers established pursuant to Presidential Decision Directive 63;
owners, operators, and users of critical electric infrastructure in the
United States; and other entities determined appropriate by the
Commission. The process will be as follows:
    (1) The Director of any Office of the Commission or his designee
that wishes to voluntarily share CEII shall consult with the CEII
Coordinator prior to the Office Director or his designee making a
determination on whether to voluntarily share the CEII.
    (2) Consistent with paragraph (d) of this section, the Commission
retains the discretion to release information as necessary to carry out
its jurisdictional responsibilities in facilitating voluntary sharing
or, in the case of information provided to other federal agencies, the
Commission retains the discretion to release information as necessary
for those agencies to carry out their jurisdictional responsibilities.
    (3) All entities receiving CEII must execute either a non-
disclosure agreement or an acknowledgement and agreement. A copy of
each agreement will be maintained by the Office Director with a copy to
the CEII Coordinator.
    (4) When the Commission voluntarily shares CEII pursuant to this
subsection, the Commission may impose additional restrictions on how
the information may be used and maintained.
    (5) Submitters of CEII shall receive notification of a limited
release of CEII no less than five business days before disclosure,
except in instances where voluntary sharing is necessary for law
enforcement purposes, to maintain infrastructure security, to address
potential threats, when notice would not be practicable, and where
there is an urgent need to quickly disseminate the information. When
prior notice is not given, the Commission will provide submitters of
CEII notice of a limited release of the CEII as soon as practicable.
    (g) Accessing CEII. (1) An owner/operator of a facility, including
employees and officers of the owner/operator, may obtain CEII relating
to its own facility, excluding Commission-generated information except
inspection reports/operation reports and any information directed to
the owner-operators, directly from Commission staff without going
through the procedures outlined in paragraph (g)(5) of this section.
Non-employee agents of an owner/operator of such facility may obtain
CEII relating to the owner/operator's facility in the same manner as
owner/operators as long as they present written authorization from the
owner/operator to obtain such information. Notice of such requests must
be given to

the CEII Coordinator, who shall track this information.
    (2) An employee of a federal agency acting within the scope of his
or her federal employment may obtain CEII directly from Commission
staff without following the procedures outlined in paragraph (g)(5) of
this section. Any Commission employee at or above the level of division
director or its equivalent may rule on requests for access to CEII by a
representative of a federal agency. To obtain access to CEII, an agency
employee must sign an acknowledgement and agreement, which states that
the agency will protect the CEII in the same manner as the Commission
and will refer any requests for the information to the Commission.
Notice of each such request also must be given to the CEII Coordinator,
who shall track this information.
    (3) A landowner whose property is crossed by or in the vicinity of
a project may receive detailed alignment sheets containing CEII
directly from Commission staff without submitting a non-disclosure
agreement as outlined in paragraph (g)(5) of this section. A landowner
must provide Commission staff with proof of his or her property
interest in the vicinity of a project.
    (4) Any person who is a participant in a proceeding or has filed a
motion to intervene or notice of intervention in a proceeding may make
a written request to the filer for a copy of the complete CEII version
of the document without following the procedures outlined in paragraph
(g)(5) of this section. The request must include an executed copy of
the applicable protective agreement and a statement of the person's
right to party or participant status or a copy of the person's motion
to intervene or notice of intervention. Any person may file an
objection to the proposed form of protective agreement. A filer, or any
other person, may file an objection to disclosure, generally or to a
particular person or persons who have sought intervention. If no
objection to disclosure is filed, the filer must provide a copy of the
complete, non-public document to the requesting person within five
business days after receipt of the written request that is accompanied
by an executed copy of the protective agreement. If an objection to
disclosure is filed, the filer shall not provide the non-public
document to the person or class of persons identified in the objection
until ordered by the Commission or a decisional authority.
    (5) If any requester not described above in paragraphs (g)(1)
through (4) of this section has a particular need for information
designated as CEII, the requester may request the information using the
following procedures:
    (i) File a signed, written request with the Commission's CEII
Coordinator. The request must contain the following:
    (A) Requester's name (including any other name(s) which the
requester has used and the dates the requester used such name(s)),
title, address, and telephone number; and the name, address, and
telephone number of the person or entity on whose behalf the
information is requested;
    (B) A detailed Statement of Need, which must state: The extent to
which a particular function is dependent upon access to the
information; why the function cannot be achieved or performed without
access to the information; an explanation of whether other information
is available to the requester that could facilitate the same objective;
how long the information will be needed; whether or not the information
is needed to participate in a specific proceeding (with that proceeding
identified); and an explanation of whether the information is needed
expeditiously.
    (C) An executed non-disclosure agreement as described in paragraph
(h)(2) of this section;
    (D) A signed statement attesting to the accuracy of the information
provided in the request; and
    (E) A requester shall provide his or her date and place of birth
upon request, if it is determined by the CEII Coordinator that this
information is necessary to process the request.
    (ii) A requester who seeks the information on behalf of all
employees of an organization should clearly state that the information
is sought for the organization, that the requester is authorized to
seek the information on behalf of the organization, and that all
individuals in the organization that have access to the CEII will agree
to be bound by a non-disclosure agreement that must be executed.
    (iii) After the request is received, the CEII Coordinator will
determine if the information is CEII, and, if it is, whether to release
the CEII to the requester. The CEII Coordinator will balance the
requester's need for the information against the sensitivity of the
information. If the requester is determined to be eligible to receive
the information requested, the CEII Coordinator will determine what
conditions, if any, to place on release of the information.
    (iv) If the CEII Coordinator determines that the CEII requester has
not demonstrated a valid or legitimate need for the CEII or that access
to the CEII should be denied for other reasons, this determination may
be appealed to the General Counsel pursuant to Sec.  388.110. The
General Counsel will decide whether the information is properly
classified as CEII, which by definition is exempt from release under
FOIA, and whether the Commission should in its discretion make such
CEII available to the CEII requester in view of the requester's
asserted legitimacy and need.
    (v) Once a CEII requester has been verified by Commission staff as
a legitimate requester who does not pose a security risk, his or her
verification will be valid for the remainder of that calendar year.
Such a requester is not required to provide detailed information about
himself or herself with subsequent requests during the calendar year.
He or she is also not required to file a non-disclosure agreement with
subsequent requests during the calendar year because the original non-
disclosure agreement will apply to all subsequent releases of CEII.
    (vi) An organization that is granted access to CEII pursuant to
paragraph (g)(5)(ii) of this section may seek to add additional
individuals to the non-disclosure agreement within one (1) year of the
date of the initial CEII request. Such an organization must provide the
names of the added individuals to the CEII Coordinator and certify that
notice of each added individual has been given to the submitter. Any
newly added individuals must execute a supplement to the original non-
disclosure agreement indicating their acceptance of its terms. If there
is no written opposition within five business days of notifying the
CEII Coordinator and the submitter concerning the addition of any newly
added individuals, the CEII Coordinator will issue a standard notice
accepting the addition of these names to the non-disclosure agreement.
If the submitter files a timely opposition with the CEII Coordinator,
the CEII Coordinator will issue a formal determination addressing the
merits of such opposition. If an organization that is granted access to
CEII pursuant to paragraph (g)(5)(ii) of this section wants to add new
individuals to its non-disclosure agreement more than one year after
the date of its initial CEII request, the organization must submit a
new CEII request pursuant to paragraph (g)(5)(ii) of this section and a
new non-disclosure agreement for each new individual added.
    (vii) The CEII Coordinator will attempt to respond to the requester
under this section according to the timing required for responses under
the FOIA in Sec.  388.108(c).

    (viii) Fees for processing CEII requests will be determined in
accordance with Sec.  388.109.
    (ix) Nothing in this section should be construed as requiring the
release of proprietary information, personally identifiable
information, cultural resource information, information on rare species
of plants and animals, and other comparable data protected by statute
or any privileged information, including information protected by the
deliberative process privilege.
    (h) Duty to protect CEII. Unauthorized disclosure of CEII is
prohibited.
    (1) To ensure that the Commissioners, Commission employees, and
Commission contractors protect CEII from unauthorized disclosure,
internal controls will describe the handling, marking, and security
controls for CEII.
    (2) Any individual who requests information pursuant to paragraph
(g)(5) of this section must sign and execute a non-disclosure
agreement, which indicates the individual's willingness to adhere to
limitations on the use and disclosure of the information requested. The
non-disclosure agreement will, at a minimum, require the following:
CEII will only be used for the purpose for which it was requested; CEII
may only be discussed with authorized recipients; CEII must be kept in
a secure place in a manner that would prevent unauthorized access; CEII
must be destroyed or returned to the Commission upon request; the
Commission may audit the recipient's compliance with the non-disclosure
agreement; CEII provided pursuant to the agreement is not subject to
release under either FOIA or Sunshine Laws; a recipient is obligated to
protect the CEII even after a designation has lapsed until the CEII
Coordinator determines the information should no longer be designated
as CEII under paragraph (e)(2) of this section; and a recipient is
required to promptly report all unauthorized disclosures of CEII to the
Commission.
    (i) Sanctions. Any officers, employees, or agents of the Commission
who knowingly and willfully disclose CEII in a manner that is not
authorized under this section will be subject to appropriate sanctions,
such as removal from the federal service, or possible referral for
criminal prosecution. Commissioners who knowingly and willfully
disclose CEII without authorization may be referred to the Department
of Energy Inspector General. The Commission will take responsibility
for investigating and, as necessary, imposing sanctions on its
employees and agents.
    (j) Administrative appeals of CEII determinations. (1) Submitters
who receive a determination that the Commission intends to remove a
CEII designation may appeal that determination. The submitter must file
notice of its intent to appeal that determination within five business
days of the determination. The notice of intent to file an appeal must
be sent to the General Counsel, with a copy to the CEII Coordinator. A
statement in support of the notice of appeal must be submitted to the
General Counsel within 20 business days of the date of the
determination. The appeal will be considered received upon receipt of
the statement in support of the notice of appeal.
    (2) Individuals who receive a determination denying a request for
the release of CEII, in whole or in part, or a determination denying a
request to change the designation of CEII may appeal such
determinations. Such appeals must be submitted to the General Counsel
within 20 business days of the date of the determination.
    (3) The Commission's General Counsel or the General Counsel's
designee will make a determination with respect to any appeal within 20
business days after the receipt of the appeal. If, on appeal, the
General Counsel or the General Counsel's designee upholds the
determination in whole or in part, then the General Counsel or the
General Counsel's designee will notify the person submitting the appeal
of the availability of judicial review.
    (4) The time limits prescribed for the General Counsel or his
designee to act on an appeal may be extended pursuant to Sec.
388.110(b)(1).
    (5) Prior to seeking judicial review in federal district court
pursuant to section 215A(d)(11) of the Federal Power Act, a person who
received a determination from the Commission concerning a CEII
designation must first appeal the determination to the Commission's
General Counsel.

    Note: The following appendix will not appear in the Code of
Federal Regulations.

                                Appendix
------------------------------------------------------------------------
           Abbreviation                           Commenter
------------------------------------------------------------------------
Initial Comments:
    APPA..........................  American Public Power Association.
    CEA...........................  Canadian Electricity Association.
    HRC...........................  Hydropower Reform Coalition.
    INGAA.........................  Interstate Natural Gas Association
                                     of America.
    ITC...........................  International Transmission Company d/
                                     b/a ITCTransmission, Michigan
                                     Electric Company, LLC, ITC Midwest
                                     LLC, and ITC Great Plains LLC.
    Joint RTOs....................  ISO New England, Inc. and Southwest
                                     Power Pool, Inc.
    MISO..........................  Midcontinent Independent System
                                     Operator, Inc.
    NRECA.........................  National Rural Electric Cooperative
                                     Association.
    NERC..........................  North American Electric Reliability
                                     Corporation.
    NRC...........................  Nuclear Regulatory Commission.
    Peak..........................  Peak Reliability.
    Powerex.......................  Powerex Corp.
    Public Interest Organizations.  Alliance for Affordable Energy,
                                     Citizens Action Coalition of
                                     Indiana, Inc., Citizens Utility
                                     Board, Fresh Energy, Great Plains
                                     Institute, Natural Resources
                                     Defense Council, Sierra Club
                                     Environmental Law Program, Southern
                                     Environmental Law Center,
                                     Sustainable FERC Project, Union of
                                     Concerned Scientists, Utah Clean
                                     Energy, VoeSolar, Western Grid
                                     Group, Western Resource Advocates,
                                     and Wind on the Wires.
    Tacoma Power..................  City of Tacoma, Department of Public
                                     Utilities, Light Division d.b.a.
                                     Tacoma Power (Tacoma Power).
    Tallgrass Pipelines...........  Rockies Express Pipeline LLC,
                                     Tallgrass Interstate Gas,
                                     Transmission, LLC, and Trailblazer
                                     Pipeline Company LLC.
    TAPS..........................  Transmission Access Policy Study
                                     Group.
    Trade Associations............  Edison Electric Institute, Electric
                                     Power Supply Association, and
                                     Electricity Consumers Resource
                                     Council.
    WIRAB.........................  Western Interconnection Regional
                                     Advisory Board.

Reply Comments:
    PJM...........................  PJM Interconnection, LLC.
    Joint RTOs....................  ISO New England, Inc. and Southwest
                                     Power Pool, Inc.
------------------------------------------------------------------------

[FR Doc. 2016-28322 Filed 12-20-16; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 137 (Wednesday, July 19, 2023)]
[Notices]
[Pages 46370-46371]
[FR Doc No: 2023-15231]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2010-0028, -0029, -0039, -0042, -0043, -0045, -0048, -
0049, -0051, -0054, -0056, -0057, -0058, -0059, -0060, -0061, -0062, -
0064, -0065, and -0070]

Railroads' Joint Request to Amend Their Positive Train Control
Safety Plans and Positive Train Control Systems

AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).

ACTION: Notice of availability and request for comments.

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

SUMMARY: This document provides the public with notice that on June 28,
2023, twenty host railroads submitted a joint request for amendment
(RFA) to their FRA-approved Positive Train Control Safety Plans
(PTCSP). The RFA proposes an alternative to the definition of ``initial
terminal.'' As this joint RFA involves a request for FRA's approval of
a proposed material modification to FRA-certified positive train
control (PTC) systems, FRA is publishing this notice and inviting
public comment on the railroads' joint RFA to their PTCSPs.

DATES: FRA will consider comments received by August 8, 2023. FRA may
consider comments received after that date to the extent practicable
and without delaying implementation of valuable or necessary
modifications to PTC systems.

ADDRESSES:
    Comments: Comments may be submitted by going to https://www.regulations.gov and following the online instructions for
submitting comments.
    Instructions: All submissions must include the agency name and the
applicable docket number. The relevant PTC docket numbers for the host
railroads that filed a joint RFA to their PTCSPs are cited above and in
the Supplementary Information section of this notice. For convenience,
all active PTC dockets are hyperlinked on FRA's website at https://railroads.dot.gov/research-development/program-areas/train-control/ptc/railroads-ptc-dockets. All comments received will be posted without
change to https://www.regulations.gov; this includes any personal
information.

FOR FURTHER INFORMATION CONTACT: Gabe Neal, Staff Director, Signal,
Train Control, and Crossings Division, telephone:<PHONE_NUMBER>, email:
[email protected].

SUPPLEMENTARY INFORMATION: In general, Title 49 United States Code
(U.S.C.) Section 20157(h) requires FRA to certify that a host
railroad's PTC system complies with Title 49 Code of Federal
Regulations (CFR) part 236, subpart I, before the technology may be
operated in revenue service. Before making certain changes to an FRA-
certified PTC system or the associated FRA-approved PTCSP, a host
railroad must submit, and obtain FRA's approval of, an RFA to its PTCSP
under 49 CFR 236.1021.
    Under 49 CFR 236.1021(e), FRA's regulations provide that FRA will
publish a notice in the Federal Register and invite public comment in
accordance with 49 CFR part 211, if an RFA includes a request for
approval of a material modification of a signal and train control
system. Accordingly, this notice informs the public that the twenty
host railroads' recent, joint RFA to their PTCSPs is available in their
respective public PTC dockets, and this notice provides an opportunity
for public comment. The RFA proposes an alternative to the definition
of ``initial terminal'' as set forth in 49 CFR 236.829.
    On June 28, 2023, the following twenty host railroads jointly
submitted an RFA to their respective PTCSPs for their Interoperable
Electronic Train Management Systems (I-ETMS): Alaska Railroad; The Belt
Railway Company of Chicago; BNSF Railway; Caltrain; Canadian National
Railway; Canadian Pacific Railway; Consolidated Rail Corporation; CSX
Transportation, Inc.; Kansas City Southern Railway; Kansas City
Terminal Railway; National Railroad Passenger Corporation (Amtrak); New
Mexico Rail Runner Express; Norfolk Southern Railway; North County
Transit District; Northeast Illinois Regional Commuter Railroad
Corporation (Metra); Northern Indiana Commuter Transportation District;
South Florida Regional Transportation Authority; Southern California
Regional Rail Authority (Metrolink); Terminal Railroad Association of
St. Louis; and Union Pacific Railroad. Their joint RFA is available in
Docket Numbers FRA-2010-0028, -0029, -0039, -0042, -0043, -0045, -0048,
-0049, -0051, -0054, -0056, -0057, -0058, -0059, -0060, -0061, -0062, -
0064, -0065, and -0070. Interested parties are invited to comment on
this RFA by submitting written comments or data. During FRA's review of
these railroads' joint RFA, FRA will consider any comments or data
submitted within the timeline specified in this notice and to the
extent practicable, without delaying implementation of valuable or
necessary modifications to PTC systems. See 49 CFR 236.1021; see also
49 CFR 236.1011(e). Under 49 CFR 236.1021,

FRA maintains the authority to approve, approve with conditions, or
deny these railroads' joint RFA to their PTCSPs at FRA's sole
discretion.

Privacy Act Notice

    In accordance with 49 CFR 211.3, FRA solicits comments from the
public to better inform its decisions. DOT posts these comments,
without edit, including any personal information the commenter
provides, to https://www.regulations.gov, as described in the system of
records notice (DOT/ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See https://www.regulations.gov/privacy-notice for the privacy notice of regulations.gov. To facilitate
comment tracking, we encourage commenters to provide their name, or the
name of their organization; however, submission of names is completely
optional. If you wish to provide comments containing proprietary or
confidential information, please contact FRA for alternate submission
instructions.

    Issued in Washington, DC.
Carolyn R. Hayward-Williams,
Director, Office of Railroad Systems and Technology.
[FR Doc. 2023-15231 Filed 7-18-23; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 77, Number 14 (Monday, January 23, 2012)]
[Notices]
[Page 3294]
[FR Doc No: 2012-1137]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66164; File No. 4-645]

Comment Request for Study Regarding Financial Literacy Among
Investors

AGENCY: Securities and Exchange Commission.

ACTION: Request for comment.

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SUMMARY: In connection with a study regarding financial literacy among
investors as mandated by Section 917 of the Dodd-Frank Wall Street
Reform and Consumer Protection Act of 2010 (the ``Dodd-Frank Act''),
the Securities and Exchange Commission is requesting public comment on
the following: methods to improve the timing, content, and format of
disclosures to investors with respect to financial intermediaries,
investment products, and investment services; the most useful and
understandable relevant information that retail investors need to make
informed financial decisions before engaging a financial intermediary
or purchasing an investment product or service that is typically sold
to retail investors, including shares of registered open-end investment
companies; and methods to increase the transparency of expenses and
conflicts of interests in transactions involving investment services
and products, including shares of registered open-end investment
companies.

DATES: Comments should be received on or before March 23, 2012.

ADDRESSES: Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/other.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number 4-645 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.
Washington, DC 20549-1090.

All submissions should refer to File Number 4-645. This file number
should be included on the subject line if email is used. To help us
process and review your comments more efficiently, please use only one
method. The Commission will post all comments on the Commission's
Internet Web site (http://www.sec.gov). Comments are also available for
Web site viewing and printing in the Commission's Public Reference
Room, 100 F Street NE. Washington, DC 20549, on official business days
between the hours of 10 a.m. and 3 p.m. All comments received will be
posted without change; we do not edit personal identifying information
from submissions. You should submit only information that you wish to
make available publicly.

FOR FURTHER INFORMATION CONTACT: Lori J. Schock, Director, (202) 551-
6500 or Mary S. Head, Deputy Director,<PHONE_NUMBER>, Office of
Investor Education and Advocacy, Securities and Exchange Commission,
100 F Street, NE. Washington, DC 20549-2551.

SUPPLEMENTARY INFORMATION: Section 917 of the Dodd-Frank Act requires
the Commission to conduct a study regarding financial literacy (the
``Study'') among investors and submit a report on the study to the
Senate Committee on Banking, Housing, and Urban Affairs and the House
of Representatives Committee on Financial Services no later than two
years after enactment of the Dodd-Frank Act, that is, by July 21, 2012.
    The provisions of Section 917(a) of the Dodd-Frank Act require that
the Study include a number of specific components. In particular,
Sections 917(a)(2)-(4) of the Dodd-Frank Act require that the Study
identify:
    (i) Methods to improve the timing, content, and format of
disclosures to investors with respect to financial intermediaries,
investment products, and investment services;
    (ii) The most useful and understandable relevant information that
retail investors need to make informed financial decisions before
engaging a financial intermediary or purchasing an investment product
or service that is typically sold to retail investors, including shares
of registered open-end investment companies (``mutual funds''); and
    (iii) Methods to increase the transparency of expenses and
conflicts of interest in transactions involving investment services and
products, including shares of mutual funds.
    As part of its study of the issues raised in Sections 917(a)(2)-(4)
of the Dodd-Frank Act, the Commission's Office of Investor Education
and Advocacy is conducting investor testing using qualitative and
quantitative public opinion research methods. In addition, the
Commission is soliciting public comment on each of the issues
identified in Sections 917(a)(2)-(4) of the Dodd-Frank Act.\1\ All
interested parties are invited to submit their views on one or more of
these issues. Comments will be of greatest assistance if accompanied by
supporting data and analysis.
---------------------------------------------------------------------------

    \1\ In April 2011, pursuant to Section 917(a)(5) of the Dodd-
Frank Act, the Commission formally solicited public comment
regarding the most effective existing private and public efforts to
educate investors and has received more than 80 public comments. See
Securities Exchange Act Release No. 64306 (April 19, 2011), [76 FR
22740 (April 22, 2011)]. The public comments are available at http://www.sec.gov/comments/4-626/4-626.shtml.

---------------------------------------------------------------------------
    By the Commission.

    Dated: January 17, 2012.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2012-1137 Filed 1-20-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: December 13, 2007 (Volume 72, Number 239)]
[Rules and Regulations]
[Page 70768-70769]
[DOCID:fr13de07-4]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2007-0165; Airspace Docket No. 07-AEA-11]

Establishment of Class E Airspace; Montrose, PA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION:  Direct final rule, request for comments.

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SUMMARY: This action establishes Class E Airspace near the High School
at Montrose, PA. Controlled airspace 700 feet above the surface of the
Earth is required to support a new Area Navigation (RNAV) Global
Positioning System (GPS) Special Instrument Approach Procedure (IAP)
that has been developed for medical flight operations. This action
enhances the safety and management of Instrument Flight Rule (IFR)
operations by providing the required controlled airspace to protect for
this approach at Montrose, PA.

DATES: Effective 0901 UTC, February 14, 2008. The Director of the
Federal Register approves this incorporation by reference action under
title 1, Code of Federal Regulations, part 51, subject to the annual
revision of FAA Order 7400.9 and publication of conforming amendments.
Comments for inclusion in the Rules Docket must be received on or
before January 28, 2008.

ADDRESSES: Send comments on this rule to: Docket Management Facility,
U.S. Department of Transportation, 1200 New Jersey, SE., West Building,
Ground Floor, Room W12-140, Washington, DC 20590-0001; Telephone: 1-
800-647-5527; Fax:<PHONE_NUMBER>. You must identify the Docket Number
FAA-2007-0165; Airspace Docket No. 07-AEA-11, at the beginning of your
comments. You may also submit and review received comments through the
Internet at http://www.regulations.gov.

    You may review the public docket containing the rule, any comments
received, and any final disposition in person in the Dockets Office
(see ADDRESSES section for address and phone number) between 9 a.m. and
5 p.m., Monday through Friday, except Federal Holidays. An informal
docket may also be examined during normal business hours at the office
of the Eastern Service Center, Federal Aviation Administration, Room
210, 1701 Columbia Avenue, College Park, Georgia 30337.

FOR FURTHER INFORMATION CONTACT: Daryl Daniels, System Support Group,
Eastern Service Center, Federal Aviation Administration, P.O. Box
20636, Atlanta, Georgia 30320; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

The Direct Final Rule Procedure

    The FAA anticipates that this regulation will not result in adverse
or negative comments, and, therefore, issues it as a direct final rule.
The FAA has determined that this rule only involves an established body
of technical regulations for which frequent and routine amendments are
necessary to keep them operationally current. Unless a written adverse
or negative comment or a written notice of intent to submit an adverse
or negative comment is received within the comment period, the
regulation will become effective on the date specified above. After the
close of the comment period, the FAA will publish a document in the
Federal Register indicating that no adverse or

negative comments were received and confirming the effective date. If
the FAA receives, within the comment period, an adverse or negative
comment, or written notice of intent to submit such a comment, a
document withdrawing the direct final rule will be published in the
Federal Register, and a notice of proposed rulemaking may be published
with a new comment period.

Comments Invited

    Although this action is in the form of a direct final rule, and was
not preceded by a notice of proposed rulemaking, interested persons are
invited to comment on this rule by submitting such written data, views,
or arguments as they may desire. An electronic copy of this document
may be downloaded from http://www.regulations.gov. Communications

should identify both docket numbers and be submitted in triplicate to
the address specified under the caption ADDRESSES above or through the
Web site. All communications received on or before the closing date for
comments will be considered, and this rule may be amended or withdrawn
in light of the comments received.
    Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the rule. Factual information that supports
the commenter's ideas and suggestions is extremely helpful in
evaluating the effectiveness of this action and determining whether
additional rulemaking action would be needed. All comments submitted
will be available, both before and after the closing date for comments,
in the Rules Docket for examination by interested persons. Those
wishing the FAA to acknowledge receipt of their comments submitted in
response to this rule must submit a self-addressed, stamped postcard on
which the following statement is made: ``Comments to Docket No. FAA-
2007-0165; Airspace Docket No. 07-AEA-11.'' The postcard will be date
stamped and returned to the commenter.

The Rule

    This amendment to Title 14, code of Federal Regulations (14 CFR)
part 71 establishes Class E5 airspace at Montrose, PA providing the
controlled airspace required to support the new Copter RNAV (GPS) 015
Point in Space (PinS) approach developed for a landing spot at the
Montrose High School. No Class E airspace exists in the area so new
airspace must be developed which will serve medical helicopter flights.
Controlled airspace extending upward from 700 feet Above Ground Level
(AGL) is required to encompass all IAPs and for IFR operations,
therefore, the FAA is amending Title 14, Code of Federal Regulations
(14 CFR) part 71 to establish Class E5 airspace at Montrose, PA.
Designations for Class E airspace areas extending upward from 700 feet
or more above the surface of the Earth are published in FAA Order
7400.9R, signed August 15, 2007 effective September 15, 2007, which is
incorporated by reference in 14 CFR part 71.1. The Class E designations
listed in this documents will be published subsequently in the Order.

Agency Findings

    The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among various levels of government. Therefore, it is
determined that this final rule does not have federalism implications
under Executive Order 13132.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefor, (1) is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a Regulatory Evaluation
as the anticipated impact is so minimal. since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not ahve a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United Stated Code. Subtitle I, Section 106
described the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
    This rulemaking is promulgated under the authority described in
subtitle VII, part A, subpart I, section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it establishes Class E5 controlled airspace near the Montrose High
School in Montrose, PA.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.9R, Airspace Designations and Reporting
Points, signed August 15, 2007, effective September 15, 2007, is
amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

AEA PA E5 Montrose, PA [NEW]

Montrose High School
    (Lat. 41[deg]50'36'' N., long. 75[deg]50'33'' W.)
Point in Space Coordinates
    (Lat. 41[deg]50'08'' N., long. 75[deg]51'10'' W.)

    That airspace extending upward from 700 feet above the surface
of the Earth within a 6-mile radius of the point in space
coordinates (lat. 41[deg]50'08'' N., long. 75[deg]51'10'' W.)
serving the Montrose High School.

* * * * *

    Issued in College Park, Georgia, on November 15, 2007.
Barry A. Knight,
Acting Manager, System Support Group, Eastern Service Center.
[FR Doc. 07-6018 Filed 12-12-07; 8:45 am]

BILLING CODE 4910-13-M


[Federal Register Volume 80, Number 105 (Tuesday, June 2, 2015)]
[Rules and Regulations]
[Pages 31305-31309]
[FR Doc No: 2015-13118]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2013-0824; FRL-9928-35-Region 5]

Approval and Promulgation of Air Quality Implementation Plans;
Michigan; Part 3 Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to the Part 3 rules into the Michigan State Implementation
Plan (SIP). On December 13, 2013, the Michigan Department of
Environmental Quality (MDEQ) submitted to EPA for approval revisions to
Part 3, Emission Limitations and Prohibitions--Particulate Matter (PM),
for open burning and electro-static precipitators (ESPs). The revisions
for open burning eliminate specific provisions to allow household waste
burning, and add a provision to allow for burning of fruit and
vegetable storage bins for pest or disease control with specific
location limitations. The SIP request also removes rule 330 dealing
with operation parameters for electrostatic precipitators because of
redundancy, and rule 349 dealing with compliance dates for coke ovens
because it is now obsolete. EPA is approving this SIP revision because
it will not interfere with attainment or maintenance of the fine
particulate matter (PM2.5) National Ambient Air Quality
Standard (NAAQS).

DATES: This direct final rule will be effective August 3, 2015, unless
EPA receives adverse comments by July 2, 2015. If adverse comments are
received, EPA will publish a timely withdrawal of the direct final rule
in the Federal Register informing the public that the rule will not
take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2013-0824, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: Pamela Blakley, Chief, Control Strategies Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Pamela Blakley, Chief, Control Strategies
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77

West Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are
only accepted during the Regional Office normal hours of operation, and
special arrangements should be made for deliveries of boxed
information. The Regional Office official hours of business are Monday
through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2013-0824. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the
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 www.regulations.gov or in hard copy at the Environmental Protection
Agency, Region 5, Air and Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays.
We recommend that you telephone Carolyn Persoon, Environmental
Engineer, at<PHONE_NUMBER>, before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Carolyn Persoon, 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. What is EPA's analysis of the Part 3 Emission Limitations and
Prohibitions--Particulate Matter Revisions?
    II. What Action is EPA taking?
    III. Incorporation by Reference.
    IV. Statutory and Executive Order Reviews.

I. What is EPA's analysis of the Part 3 Emission Limitations and
Prohibitions--Particulate Matter Revisions?

A. Background of Rule 310, 330, and 349

    EPA approved the Part 3 open burning rule (rule 310) into the
Michigan SIP on November 2, 1988 (53 FR 44189), and amended it on June
28, 2002 (67 FR 43548). The rule prohibits open burning, with
exceptions that originally included household waste, structures for
fire training, trees, logs, brush and stumps located outside
incorporated areas, beekeeping equipment, and logs, charcoal, and brush
used for cooking or recreation. Revisions to the rule promulgated by
the state on October 8, 2012, further prohibited residential burning of
plastic, rubber, foam, chemically treated wood, textiles, electronics,
chemicals, or hazardous materials. The revisions also allowed for
burning of fruit or vegetable untreated wooden storage bins for disease
or pest control, only if the burning did not occur in a class I or II
area, in a city or village, or within 1400 feet of a city or village.
    Along with the October 8, 2012, revisions to open burning rule 310,
Michigan rescinded both rule 330 and 349, electrostatic precipitator
control parameters, and coke-oven compliance date, respectively. EPA
originally approved rule 330 into the Michigan SIP on May 6, 1980 (45
FR 29790), and most recently approved a revision to it in an update of
the Part 3 rules on June 1, 2006 (71 FR 31093). Rule 330 outlined
operational parameters for ESPs on cement kilns, kraft recovery
boilers, lime kilns, calciners, pulverized coal fired boilers, basic
oxygen furnaces, and gypsum dryers, requiring that these electrostatic
precipitators have an automatic control system approved by MDEQ. MDEQ
found that the rule was redundant and rescinded it on April 1, 2013.
MDEQ has provided documentation showing PM emission limits for the
facilities subject to rule 330 have not changed, and that proper
operation of control devices is still required by rule 910 in the
Michigan SIP.
    MDEQ also rescinded rule 349, which contained a compliance date of
December 31, 1982, for coke ovens to meet requirements outlined in
rules 350 and 357. Since the compliance date has long passed, and coke
ovens must still comply with rules 350 and 357, MDEQ and EPA find this
rule to be obsolete, and no analysis was required by the state.
    On October 8, 2012, and March 25, 2013, the MDEQ filed, and the
Michigan Secretary of State approved these rule changes in accordance
with the provisions of Section 46(1) of Act 306, Public Acts of 1969,
as amended, and Executive Order 1995-6. The rules became effective on
April 1, 2013. Subsequently, MDEQ published in the May 6, 2013 MDEQ
Environmental Calendar, located at http://www.michigan.gov/envcalendar,
a public notice addressing revision of the SIP, and asking for public
comment if the rules should be incorporated into the SIP. There were no
requests for a public hearing, and no public comments were received.

B. Analysis of Revisions to Rules 310, 330, and 349

    EPA's approval is based on consideration of whether the revisions
to and rescissions of rules meet the requirements of section 110(l) of
the Clean Air Act (CAA), 42 U.S.C. 7410(l). In particular, EPA
considered whether the changes made to the Part 3 rules in the Michigan
SIP will impact Michigan's ability to attain and maintain both the
annual PM standard (2012) and the 24-hour PM standard (2006).
    Under CAA section 110(l), the state must show that the SIP revision
will not interfere with attainment and maintenance of all existing PM
standards, which, in the case of revisions to Part 3 of the Michigan
SIP, would be the annual standard of 12 micrograms per cubic meter
([mu]g/m\3\) promulgated in 2012 and the 24-hour standard of 35 [mu]g/
m\3\ promulgated in 2006. Based on the most current three-year
monitoring design values (2011-2013), the entire state of Michigan is
attaining the annual and 24-hour

standard, with annual design values ranging from 5.9 to 11.3 [mu]g/
m\3\, and 24-hour design values ranging from 16 to 26 [mu]g/m\3\. See
EPA's Web site under the Design Values tab for PM, Table 6, at http://www.epa.gov/airtrends/values.html; data can also be found in the
docket. Initial data from 2012-2014 indicates the entire state
continues to attain and PM monitoring values continue to decline,
indicating that the 2013 revisions to these rules has not interfered
with attainment of the standards.
    To support the revisions and address the ability of Michigan to
maintain the PM standards in the future with these revisions, the state
did a conservative analysis of potential emissions and impacts from the
additional open burning of fruit and vegetable crates. MDEQ has
estimated annual maximum emissions from these additional sources to be
30 tons per year (tpy) across the entire state.\1\ The rule only allows
open burning of crates happen in rural areas. The highest monitored
background concentrations in rural areas are 8[mu]g/m\3\ for the annual
standard and 20[mu]g/m\3\ for the 24-hour standard. EPA's AERSCREEN
tool estimates a maximum localized concentration increase of 3[mu]g/
m\3\. This maximum addition of 3[mu]g/m\3\ PM2.5 to the
highest maximum rural concentration, where burning is allowed, does not
cause a violation of either the annual PM2.5 or the 24-hour
standard. EPA also considered the air quality impact on urban areas,
because the rule does not allow burning in an urban area EPA considered
the potential increase to be 0[mu]g/m\3\, resulting in no increase to
the attaining monitored values. Therefore, EPA has concluded that
changes to the Michigan SIP 310 Open Burning Rule does not interfere
with attainment or maintenance of the NAAQS.
---------------------------------------------------------------------------

    \1\ The state's analysis can be found in the docket for this
rulemaking.
---------------------------------------------------------------------------

    For the analysis of the rescission of the ESP operations rule 330,
MDEQ provided a list of facilities subject to the ESP operating
parameters, which can be found in the docket. EPA has determined that
emission limits for either PM or opacity exist for each of the sources,
either through permits to install, which are permanent and enforceable
construction permits, or the National Emissions Standards for Hazardous
Air Pollutants, 40 CFR part 63, subpart UUUUU (utility MACTs or MATs).
Thus, rescission of rule 330 will not affect the obligation of these
facilities to continue to meet their PM or opacity emission limits.
These existing limits are permanent and enforceable. Further, the
utility MACT standards are Federal rules which require installation of
the maximum control technology available to the sector at this point in
time and, if updated, will reflect greater efficiency and removal as
technology evolves. The permits to install are permanent and
enforceable and, if the facility would like to change the limits, it
must either find offsets (for nonattainment new source review (NSR)) or
provide modeling that shows compliance with the NAAQS (for prevention
of significant deterioration (PSD)/NSR), the same analysis under
Section 110(l) of the CAA that the state must use when proposing
changes to a SIP. Therefore no future protection of the NAAQS is lost.
    EPA has determined that the rescission of this rule will not
interfere with attainment of the NAAQS, as the area is currently
attainment and the current emission limits for the facilities that were
subject to 330 are not affected by the rescission. EPA has also
determined that the rescission will not affect maintenance. MDEQ has
demonstrated that any changes to current PM or opacity emission limits
in permits will become more stringent through the utility MACTs and
that sources will have to demonstrate compliance with the NAAQS through
modeling or offsets if a permit to install is modified.
    EPA finds that the recession of rule 340, compliance date for coke
ovens, does not require a 110(l) analysis, since the compliance date
has long past, and the rule is obsolete.
    EPA has determined that the Michigan SIP revisions are therefore
approvable because they meet the requirements of 110(l).

II. What Action is EPA taking?

    EPA is approving into the Michigan SIP revisions to Part 3,
including the revisions to open burning rule 310, removal of rule 330,
ESP operating provisions, and removal of rule 340, compliance date.
Specifically, EPA is approving into the SIP R 336.1310 and removing R
336.1330 and R 336.1349. The revisions to Part 3 are approvable, since
EPA's analysis under worst case conditions indicates these revisions
will not interfere with attaining or maintaining the NAAQS, as
prescribed by section 110(l) of the CAA. We are publishing this action
without prior proposal because we view this as a noncontroversial
amendment and anticipate no adverse comments. However, in the proposed
rules section of this Federal Register publication, we are publishing a
separate document that will serve as the proposal to approve the state
plan amendment if relevant adverse written comments are filed. This
rule will be effective August 3, 2015 without further notice unless we
receive relevant adverse written comments by July 2, 2015. If we
receive such comments, we will withdraw this action before the
effective date by publishing a subsequent document that will withdraw
the final action. All public comments received will then be addressed
in a subsequent final rule based on the proposed action. EPA will not
institute a second comment period. Any parties interested in commenting
on this action should do so at this time. Please note that if EPA
receives adverse comment on an amendment, paragraph, or section of this
rule and if that provision may be severed from the remainder of the
rule, EPA may adopt as final those provisions of this rule that are not
the subject of an adverse comment. If we do not receive any comments,
this action will be effective August 3, 2015.

III. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Michigan
Regulations described in the amendments to 40 CFR part 52 as set forth
below. EPA has made, and will continue to make, these documents
generally available electronically through www.regulations.gov and/or
in hard copy at the appropriate EPA office (see the ADDRESSES section
of this preamble for more information).

IV. Statutory and Executive Order Reviews

    Under the CAA, 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. 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);
     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).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 3, 2015. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: May 18, 2015.
Susan Hedman,
Regional Administrator, Region 5.
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

0
2. In Sec.  52.1170 the table in paragraph (c) is amended under ``Part
3. Emission Limitations and Prohibitions-Particulate Matter'' by:
0
a. Revising the entry for R 336.1310.
0
b. Removing the entries for R 336.1330 and R 336.1349.
    The revised text reads as follows:

Sec.  52.1170  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Michigan Regulations
----------------------------------------------------------------------------------------------------------------
                                                            State
        Michigan citation                  Title          effective     EPA approval date         Comments
                                                             date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                        Part 3. Emission Limitations and Prohibitions--Particulate Matter
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
R 336.1310.......................  Open burning........     04/01/13  06/02/15, [insert     ....................
                                                                       Federal Register
                                                                       citation].

                                                  * * * * * * *
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* * * * *
[FR Doc. 2015-13118 Filed 6-1-15; 8:45 am]
 BILLING CODE 6560-50-P