[Federal Register Volume 81, Number 16 (Tuesday, January 26, 2016)]
[Notices]
[Pages 4279-4280]
[FR Doc No: 2016-01466]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12646-014]

City of Broken Bow, Oklahoma; Notice of Application Accepted for
Filing, Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Proceeding: Surrender of License.
    b. Project No.: 12646-014.
    c. Date Filed: December 21, 2015.
    d. Licensee: City of Broken Bow, Oklahoma.
    e. Name of Project: Pine Creek Lake Dam Hydropower Project.
    f. Location: The unconstructed project was licensed to be located
at the U.S. Army Corps of Engineers Pine Creek Lake Dam on the Little
River, near the town of Broken Bow, McCurtain County, Oklahoma.
    g. Filed Pursuant to: 18 CFR 6.2.
    h. Licensee Contact: Ms. Vickie Pieratt, City of Broken Bow, 210
North Broadway, Broken Bow, Oklahoma 74728, Telephone:<PHONE_NUMBER>.
    i. FERC Contact: Jennifer Polardino,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    j. Deadline for filing comments, interventions and protests is 30
days from the issuance date of this notice. The Commission strongly
encourages electronic filing. Please file motions to intervene,
protests and comments using

the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000
characters, without prior registration, using the eComment system at
http://www.ferc.gov/docs-filing/ecomment.asp. You must include your
name and contact information at the end of your comments. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426. The first page of any filing should include
docket number P-12646-014.
    k. Description of Project Facilities: The unconstructed project is
authorized to be located on the downstream side of the U.S. Army Corps
of Engineers Pine Creek Lake Dam. The project license approved the
following new facilities: (1) a 130-foot-wide by 23-foot-long outlet
structure connecting to an existing 13-foot-diameter outlet conduit;
(2) a steel liner inside the 13-foot-diameter outlet conduit; (3) a
112-foot-wide by 73-foot-long powerhouse containing two generating
units having a total installed capacity of 6.4 megawatts; (4) a
tailrace returning flows to the Little River; (5) a 0.7-mile-long,
14.4-kilovolt (kV) primary transmission; and (6) appurtenant
facilities.
    l. Description of Proceeding: On December 21, 2015, the City of
Broken Bow, Oklahoma filed an application to surrender the license for
the unconstructed Pine Creek Lake Dam Hydropower Project. In its
filing, the licensee states the project is not financially feasible or
constructible because it is unable to enter into a power sales
agreement to sell project energy.
    m. This filing may be viewed on the Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number
excluding the last three digits in the docket number field to access
the document. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and
issuances related to this or other pending projects. For assistance,
call 1-866-208-3676 or email<EMAIL_ADDRESS>for TTY, call
(202) 502-8659. A copy is also available for inspection and
reproduction in the Commission's Public Reference Room located at 888
First Street NE., Room 2A, Washington, DC 20426, or by calling (202)
502-8371.
    n. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    o. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.212 and .214. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    p. Filing and Service of Responsive Documents: Any filing must (1)
bear in all capital letters the title ``COMMENTS'', ``PROTEST'', or
``MOTION TO INTERVENE'' as applicable; (2) set forth in the heading the
name of the applicant and the project number of the application to
which the filing responds; (3) furnish the name, address, and telephone
number of the person protesting or intervening; and (4) otherwise
comply with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis and otherwise comply with the requirements of 18 CFR
4.34(b). All comments, motions to intervene, or protests should relate
to project works which are the subject of the license surrender.
Agencies may obtain copies of the application directly from the
applicant. A copy of any protest or motion to intervene must be served
upon each representative of the applicant specified in the particular
application. If an intervener files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency. A copy of all other
filings in reference to this application must be accompanied by proof
of service on all persons listed in the service list prepared by the
Commission in this proceeding, in accordance with 18 CFR 4.34(b) and
385.2010.
    q. Agency Comments--Federal, state, and local agencies are invited
to file comments on the described proceeding. If any agency does not
file comments within the time specified for filing comments, it will be
presumed to have no comments.

    Dated: January 20, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-01466 Filed 1-25-16; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 249 (Friday, December 29, 2023)]
[Notices]
[Page 90194]
[FR Doc No: 2023-28747]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2014-0022]

Technical Mapping Advisory Council; Meeting

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: Notice of Federal advisory committee meeting.

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SUMMARY: The Federal Emergency Management Agency (FEMA) Technical
Mapping Advisory Council (TMAC) will hold a virtual public meeting on
Tuesday, January 23, 2024, and Wednesday, January 24, 2024. The meeting
will be open to the public via a Microsoft Teams Video Communications
link.

DATES: The TMAC will meet on Tuesday, January 23, 2024, and Wednesday,
January 24, 2024, from 8 a.m. to 5 p.m. eastern standard time (EST).
Please note that the meeting will close early if the TMAC has completed
its business.

ADDRESSES: The meeting will be held virtually using the following
Microsoft Teams Video Communications link (Tuesday Link: https://tinyurl.com/bdemyspu; Wednesday Link: https://tinyurl.com/yu8pcaan).
Members of the public who wish to attend the virtual meeting must
register in advance by sending an email to [email protected]
(Attn: Brian Koper) by 5 p.m. ET on Friday, January 19, 2024.
    To facilitate public participation, members of the public are
invited to provide written comments on the issues to be considered by
the TMAC, as listed in the SUPPLEMENTARY INFORMATION caption below.
Associated meeting materials will be available upon request after
Wednesday, January 17, 2024. To receive a copy of any relevant
materials, please send the request to: [email protected] (Attn:
Brian Koper). Written comments to be considered by the committee at the
time of the meeting must be submitted and received by Thursday, January
18, 2024, 5 p.m. ET identified by Docket ID FEMA-2014-0022, and
submitted by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
     Email: Address the email to [email protected].
Include the docket number in the subject line of the message. Include
name and contact information in the body of the email.
    Instructions: All submissions received must include the words
``Federal Emergency Management Agency'' and the docket number for this
action. Comments received will be posted without alteration at http://www.regulations.gov, including any personal information provided. You
may wish to review the Privacy and Security Notice via a link on the
homepage of http://www.regulations.gov.
    Docket: For docket access to read background documents or comments
received by the TMAC, go to http://www.regulations.gov and search for
the Docket ID FEMA-2014-0022.
    A public comment period will be held on Tuesday, January 23, 2024,
from 3:30 p.m. to 4 p.m. EST and Wednesday, January 24, 2024, from 12
p.m. to 12:30 p.m. EST. The public comment period will not exceed 30
minutes. Please note that the public comment period may end before the
time indicated, following the last call for comments. Contact the
individual listed below to register as a speaker by Monday, January 22,
2024, 5 p.m. EST. Please be prepared to submit a written version of
your public comment.
    FEMA is committed to ensuring all participants have equal access
regardless of disability status. If you require reasonable
accommodation due to a disability to fully participate, please contact
Brian Koper at [email protected] as soon as possible.

FOR FURTHER INFORMATION CONTACT: Brian Koper, Designated Federal
Officer for the TMAC, FEMA, 400 C St. SW, Washington, DC 20472,
telephone<PHONE_NUMBER>, and email [email protected]. The TMAC
website is: https://www.fema.gov/flood-maps/guidance-partners/technical-mapping-advisory-council.

SUPPLEMENTARY INFORMATION: Notice of this meeting is given under the
Federal Advisory Committee Act, Public Law 117-286, 5 U.S.C. ch. 10.
    In accordance with the Biggert-Waters Flood Insurance Reform Act of
2012, the TMAC makes recommendations to the FEMA Administrator on: (1)
how to improve, in a cost-effective manner, the (a) accuracy, general
quality, ease of use, and distribution and dissemination of flood
insurance rate maps and risk data; and (b) performance metrics and
milestones required to effectively and efficiently map flood risk areas
in the United States; (2) mapping standards and guidelines for (a)
flood insurance rate maps, and (b) data accuracy, data quality, data
currency, and data eligibility; (3) how to maintain, on an ongoing
basis, flood insurance rate maps and flood risk identification; (4)
procedures for delegating mapping activities to State and local mapping
partners; and (5) (a) methods for improving interagency and
intergovernmental coordination on flood mapping and flood risk
determination, and (b) a funding strategy to leverage and coordinate
budgets and expenditures across Federal agencies. Furthermore, the TMAC
is required to submit an annual report to the FEMA Administrator that
contains: (1) a description of the activities of the Council; (2) an
evaluation of the status and performance of flood insurance rate maps
and mapping activities to revise and update Flood Insurance Rate Maps;
and (3) a summary of recommendations made by the Council to the FEMA
Administrator.
    Agenda: The purpose of this meeting is for the TMAC members to
discuss the content of the 2023 TMAC Annual Report. Any related
materials will be available upon request prior to the meeting to
provide the public with an opportunity to review the materials. The
full agenda and related meeting materials will be available upon
request by Wednesday, January 17, 2024. To receive a copy of any
relevant materials, please send the request to: [email protected]
(Attn: Brian Koper).

Nicholas A. Shufro,
Deputy Assistant Administrator, Risk Analysis, Planning, & Information
Directorate, Resilience, Federal Emergency Management Agency.
[FR Doc. 2023-28747 Filed 12-28-23; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 79, Number 196 (Thursday, October 9, 2014)]
[Rules and Regulations]
[Pages 60993-60995]
[FR Doc No: 2014-23765]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[EPA-R08-OAR-2014-0272; FRL-9917-49-Region 9]

Automatic Delegation of Authority to the States of Colorado,
Montana, North Dakota, South Dakota, Utah, and Wyoming To Implement and
Enforce New Source Performance Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: This action informs the public that on February 27, 2014, the
EPA authorized automatic delegation to implement and enforce Clean Air
Act (CAA) New Source Performance Standards (NSPS) to the states of
Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming
(hereafter Region 8 states). Also in this action, EPA is taking direct
final action to delete the delegation status table of NSPS for Region 8
states in the Code of Federal Regulations (CFR) and replace it with a
Web page address reflecting current delegation status of Region 8
states.

DATES: This rule is effective on December 8, 2014 without further
notice, unless EPA receives adverse comment by November 10, 2014. If
adverse comment is 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-R08-
OAR-2014-0272, by one of the following methods:
     http://www.regulations.gov. Follow the on-line
instructions for submitting comments.
     Email<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER> (please alert the individual listed in
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
     Mail: Director, Air Program, Environmental Protection
Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver,
Colorado 80202-1129.
     Hand Delivery: Director, Air Program, Environmental
Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street,
Denver, Colorado 80202-1129. Such deliveries are only accepted Monday
through Friday, 8:00 a.m. to 4:30 p.m., excluding Federal holidays.
Special arrangements should be made for deliveries of boxed
information.
    Instructions: Direct your comments to Docket EPA-R08-OAR-2014-0272.
EPA's policy is that all comments received will be included in the
public docket without change and may be made available online at http://www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through http://www.regulations.gov or
email. The http://www.regulations.gov Web site is an ``anonymous
access'' system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an email comment directly to EPA, without going through http://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. For additional instructions on submitting comments, go to
Section I. General Information of the SUPPLEMENTARY INFORMATION section
of this document.

    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Air Program,
Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street,
Denver, Colorado 80202-1129. EPA requests that if at all possible, you
contact the individual listed in the FOR FURTHER INFORMATION CONTACT
section to view the hard copy of the docket. You may view the hard copy
of the docket Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Abby Fulton, Air Program, U.S.
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129.<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Definitions

    For the purpose of this document, we are giving meaning to certain
words or initials as follows:
    (i) The words or initials Act or CAA mean or refer to the Clean Air
Act, unless the context indicates otherwise.
    (ii) The words EPA, we, us or our mean or refer to the United
States Environmental Protection Agency.
    (iii) The initials NSPS mean or refer to New Source Performance
Standards.
    (iv) The initials CBI mean or refer to Confidential Business
Information.
    (v) The initials CFR mean or refer to Code of Federal Regulations.
    (vi) The initials IBR mean or refer to Incorporate by Reference.

I. General Information

A. What should I consider as I prepare my comments for EPA?

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

II. Delegation of Authority

    The CAA section 111(c) authorizes the EPA to delegate authority to
any state agency which submits adequate regulatory procedures for
implementation and enforcement of the NSPS program. The NSPS are
codified at 40 CFR part 60. Delegation confers primary responsibility
for implementation and enforcement to the respective state agency;
however, the EPA also retains the concurrent authority to enforce the
standards.
    Section 111(c) and an approved part 70 operating permits (title V)
program authorizes states to receive automatic delegation of section
111 standards if the federal standards are incorporated by reference
(IBR). The title V program approval is a demonstration that the state
has the ability to implement and enforce existing section 111 standards
and a commitment to implement and enforce future standards to assure
the timely issuance or revision of part 70 permits. Once a state IBR's
NSPS, the state then has delegation automatically to implement and
enforce those standards for affected sources when the NSPS are
incorporated unchanged into state rules. The EPA has determined that
Region 8 state programs contain adequate and effective procedures for
implementation and enforcement of those federal standards. On February
27, 2014, the EPA provided notice of automatic delegation to Region 8
state agencies to review and enforce all future NSPS standards that are
incorporated into state rules. Letters (including enclosures) to each
Region 8 state can be found at http://www.regulations.gov.

III. CFR Update

    This action also replaces the EPA Region 8 delegation table in 40
CFR 60.4(c) with a Web address to inform the public of current NSPS
delegations to Region 8 states. The table is being deleted because it
no longer contains accurate information regarding NSPS delegations. A
current delegation summary of NSPS delegations to Region 8 states is
posted under the ``Delegations of Authorities'' link at: http://www2.epa.gov/region8/air-program. Future delegation updates will be
provided at this link on the EPA Region 8 Web site. The Web site will
be updated on a quarterly basis and will replace the Federal Register
Notice notifying the public of current NSPS delegation status of Region
8 states.

IV. Final Action

    This action informs the public of NSPS delegations made to Region 8
states and replaces the delegation table in 40 CFR 60.4(c) with a Web
address directing the public to current EPA Region 8 NSPS delegations.
    EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments since the action simply replaces a table in the CFR
with a Web address in order to provide the public with more accurate
information regarding NSPS delegations. However, in the Proposed Rules
section of today's Federal Register publication, EPA is publishing a
separate document that will serve as the proposal to approve the
revision if adverse comments are filed. This rule will be effective
December 8, 2014 without further notice unless the Agency receives
adverse comments by November 10, 2014. If the EPA receives adverse
comments, EPA will publish a timely withdrawal in the Federal Register
informing the public that the rule will not take effect. EPA will
address all public comments in a subsequent final rule based on the
proposed rule. The EPA will not institute a second comment period on
this action. Any parties interested in commenting must 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 the rule that are not the subject of an adverse comment.

V. Statutory and Executive Order Review

    Under Executive Order 12866 (58 FR 51735, Oct. 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it 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).
    This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, Nov. 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, Aug. 10, 1999). This action merely delegates authority to
implement and enforce Federal standards, and does not alter the
relationship or the distribution of power and responsibilities
established in the CAA. This rule also is not subject to Executive
Order 13045 ``Protection of Children from Environmental Health Risks
and Safety Risks'' (62 FR 19885, April 23, 1997), because it delegates
Federal standards.
    In delegating authority to states, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. In this
context, voluntary consensus standards (VCS) are not a requirement for
a state to accept delegation authority. Thus, the requirements of
section 12(d) of the National Technology Transfer and Advancement Act
of 1995 (15 U.S.C. 272 note) do not apply. This rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq).
    The Congressional Review Act, 5 U.S.C. section 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
rule 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.
section 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 December 8, 2014. 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 60

    Environmental protection, Administrative practice and procedure,
Air pollution control, Aluminum, Ammonium sulfate plants, Batteries,
Beverages, Carbon monoxide, Cement industry, Chemicals, Coal, Copper,
Dry cleaners, Electric power plants, Fertilizers, Fluoride, Gasoline,
Glass and glass products, Grains, Graphic arts industry, Heaters,
Household appliances, Incorporation by reference, Insulation,
Intergovernmental relations, Iron, Labeling, Lead, Lime, Metallic and
nonmetallic mineral processing plants, Metals, Motor vehicles, Natural
gas, Nitric acid plants, Nitrogen dioxide, Paper and paper products
industry, Particulate matter, Paving and roofing materials, Petroleum,
Phosphate, Plastics materials and synthetics, Polymers, Reporting and
recordkeeping requirements, Sewage disposal, Steel, Sulfur oxides,
Sulfuric acid plants, Tires, Urethane, Vinyl, Volatile organic
compounds, Waste treatment and disposal, Zinc.

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

    Dated: September 18, 2014.
Shaun L. McGrath,
Regional Administrator, Region 8.
    40 CFR part 60 is amended as follows:

PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

0
1. The authority citation for part 60 continues to read as follows:

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

Subpart A--General Provisions

0
2. Section 60.4 is amended by revising paragraph (c) to read as
follows:

Sec.  60.4  Address.

* * * * *
    (c) The delegation status table for New Source Performance
Standards for Region VIII can be found online at http://www2.epa.gov/region8/air-program.
* * * * *
[FR Doc. 2014-23765 Filed 10-8-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 145 (Wednesday, July 29, 2015)]
[Rules and Regulations]
[Pages 45085-45086]
[FR Doc No: 2015-18607]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-2005-0002; FRL-9931-47-Region 2]

National Oil and Hazardous Substance Pollution Contingency Plan
National Priorities List: Deletion of the Crown Vantage Landfill
Superfund Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) Region 2 announces
the deletion of the Crown Vantage Landfill Superfund Site (Site),
located in Alexandria Township, Hunterdon County, New Jersey, from the
National Priorities List (NPL). The NPL, promulgated pursuant to
section 105 of the Comprehensive Environmental Response, Compensation,
and Liability Act (CERCLA) of 1980, as amended, is an appendix of the
National Oil and Hazardous Substances Pollution Contingency Plan (NCP).
EPA and the State of New Jersey, through the New Jersey Department of
Environmental Protection, have determined that all appropriate response
actions under CERCLA, other than long-term maintenance and five-year
reviews, have been completed. However, this deletion does not preclude
future actions under Superfund.

DATES: This action is effective August 28, 2015.

ADDRESSES: Docket: EPA has established a docket for this action under
Docket Identification No. EPA-HQ-SFUND-2005-0002. All documents in the
docket are listed in the http://www.regulations.gov index. Although
listed in the index, some information is not publicly available, e.g.,
CBI or other information whose disclosure is restricted by statute.
Certain other material, such as copyrighted material, will be publicly
available only in the hard copy. Publicly available docket materials
are available either electronically in http://www.regulations.gov or in
hard copy at the Site Information repositories. Locations, contacts,
telephone numbers and viewing hours are:
    U.S. Environmental Protection Agency, Region 2, Superfund Records
Center, 290 Broadway, Room 1828, New York, NY 10007-1866, Telephone:
212-637-4308, Hours: Monday through Friday from 9:00 a.m. to 5:00 p.m.
and
    Milford Public Library, Crown Vantage Landfill Site Repository
File, 40 Frenchtown Road, Milford, NJ 08848, Telephone:<PHONE_NUMBER>,
Hours: Monday 12:00 p.m. to 7:00 p.m., Tuesday 11 a.m. to 5:00 p.m.,
Wednesday 12 p.m. to 8:00 p.m., Thursday 11 a.m. to 8:00 p.m., Friday
10:00 a.m. to 1:00 p.m. and 5:00 p.m. to 8:00 p.m., and Saturday 10:00
a.m. to 1:00 p.m.

FOR FURTHER INFORMATION CONTACT: Alison Hess, Remedial Project Manager,
U.S. Environmental Protection Agency, Region 2, 290 Broadway, 19th
Floor, New York, NY 10007-1866; Telephone<PHONE_NUMBER>; or Email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The site to be deleted from the NPL is:
Crown Vantage Landfill Superfund Site, Alexandria Township, New Jersey.
A Notice of Intent to Delete for this Site was published in the Federal
Register (80 FR 23757) on April 29, 2015. The closing date for comments
on the Notice of Intent to Delete was May 29, 2015. No comments were
received and therefore no response to comments was required. The
deletion action is appropriate.
    EPA maintains the NPL as the list of sites that appear to present a
significant risk to public health, welfare, or the environment.
Deletion from the NPL does not preclude further remedial action.
Whenever there is a significant release from a site deleted from the
NPL, the deleted site may be restored to the NPL without application of
the hazards ranking system. Deletion of a site from the NPL does not
affect the responsible party liability in the unlikely event that
future conditions warrant further actions.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals,
Hazardous substances, Hazardous waste, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements, Superfund, Water
pollution control, Water supply.

    Dated: July 6, 2015.
Judith A. Enck,
Regional Administrator, Region 2.

    For reasons set out in the preamble, 40 CFR part 300 is amended as
follows:

PART 300--NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION
CONTINGENCY PLAN

0
1. The authority citation for part 300 continues to read as follows:

    Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O.
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR
2923; 3 CFR, 1987 Comp., p. 193.

Appendix B to Part 300--[Amended]

0
2. Table 1 of Appendix B to part 300 is amended by removing ``NJ'',
``Crown Vantage Landfill'', ``Alexandria Township''.

[FR Doc. 2015-18607 Filed 7-28-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 196 (Thursday, October 12, 2017)]
[Notices]
[Page 47569]
[FR Doc No: 2017-22033]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4339-DR; Docket ID FEMA-2017-0001]

Puerto Rico; Amendment No. 2 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the Commonwealth of Puerto Rico (FEMA-4339-DR), dated September 20,
2017, and related determinations.

DATES: This amendment was issued October 2, 2017.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the Commonwealth of Puerto Rico is hereby amended to include the
following areas among those areas determined to have been adversely
affected by the event declared a major disaster by the President in his
declaration of September 20, 2017.

    The municipalities of Adjuntas, Aguada, Aquadilla,
A[ntilde]asco, Cabo Rojo, Camuy, Gu[aacute]nica, Guayanilla,
Hatillo, Hormigueros, Isabela, Lajas, Larus, Las Mar[iacute]as,
Maricao, Mayag[uuml]ez, Moca, Pe[ntilde]uelas, Quebradillas,
Rinc[oacute]n, Sabana Grande, San Germ[aacute]n, San
Sebasti[aacute]n, and Yauco for Individual Assistance (already
designated for debris removal and emergency protective measures
[Categories A and B], including direct federal assistance, under the
Public Assistance program).
    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050 Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Brock Long,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2017-22033 Filed 10-11-17; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 80, Number 6 (Friday, January 9, 2015)]
[Rules and Regulations]
[Pages 1336-1338]
[FR Doc No: 2015-00181]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2013-0935]
RIN 1625-AA00, 1625-AA11, and 1625-AA87

Regulated Navigation Areas and Limited Access Areas; Waterway
Management of Apra Harbor, Guam

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is revising and consolidating existing
regulated navigation areas, security zones and safety zones currently
in place in Apra Harbor, Guam. This action will replace existing
redundant, potentially confusing and outdated navigation regulations
with a cogent regulatory framework in order to better meet the needs of
the community and help ensure the safe and efficient use of the harbor.

DATES: This rule is effective on February 10, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0935. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Chief Kristina Gauthier, U.S. Coast Guard Sector Guam at
(671) 355-4866, email<EMAIL_ADDRESS>If you have
questions on viewing or submitting material to the docket, call Cheryl
Collins, Program Manager, Docket Operations, telephone<PHONE_NUMBER>
or 1-800-647-5527.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    An Advance Notice of Public Rule Making (ANPRM) on this action to
revise and consolidate the existing regulated navigation areas,
security zones and safety zones in and around Apra Harbor, Guam was
published on January 10, 2014 and two public meetings were held on
January 22, 2014. Three comments were received during the comment
period. Subsequently, after consideration of all comments, a Notice of
Proposed Rule Making (NPRM) on this action was published on September
19, 2014. The closing date for comments regarding the NPRM was November
3, 2014. No new comments were received. No subsequent public meetings
were requested or held.

B. Basis and Purpose

    The legal basis for this rulemaking is the Coast Guard's authority
to establish regulated navigation areas and other limited access areas:
33 U.S.C. 1231; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 160.5; and
Department of Homeland Security Delegation No. 0170.1.
    The purpose of the rulemaking is to revise and consolidate the
existing regulated navigation areas, security zones and safety zones in
and around Arpa Harbor, Guam. Navigational regulations of Apra Harbor
have been in place in various forms dating back to the era of U.S. Navy
administration of Guam. Some of the regulations predate the
promulgation of the Ports and Waterways Safety Act of 1972, were
initially included in 33 CFR parts 127 and 128, and were subsequently
re-codified in 33 CFR part 165 on July 8, 1982 as part of a regulatory
reorganization effort. The regulations in part 165 were subsequently
amended in 1986, 1990, 1996, 1998 and 2003. Between 1972 and 2003 four
Regulated Navigation Areas, three security zones and two safety zones
were created and/or amended. One of the security zones was subsequently
removed, another changed to a safety zone, and an additional safety
zone created. The following details this history:
    Apra Harbor, Guam safety zone regulations in 33 CFR 165.1401 were
last amended in 1990 (55 FR 18725, May 4, 1990). These zones were
established as security zones in 1972 (37 FR 10800, 31 May 1972)
amended in 1975 (40 FR 1016, January 6, 1975), codified in 33 CFR
127.1401(a) and (b) in 1982 as part of a regulatory reorganization
effort (47 FR 29569, 29667, July 8, 1982), and were subsequently
disestablished and re-established as safety zones in 1990 (55 FR 18725,
May 4, 1990).
    Apra Outer Harbor, Guam regulated navigation area regulations in 33
CFR 165.1402 were established by 33 CFR part 165 (47 FR 29660, July 8,
1982), and amended in 1996 (61 FR 33669, June 28, 1996), and
subsequently again in 1998 (63 FR 35533, June 30, 1998).
    Apra Harbor Security Zone in 33 CFR 165.1404 was promulgated in
1990 (55 FR 18725, May 4, 1990).
    Other Regulated Navigation Areas and Security Zone regulations in
33 CFR 165.1405 regarding Designated Escorted Vessels-Philippine Sea
and Apra Harbor Guam (including Cabras Island Channel) were established
in 2003 (68 FR 4384, January 29, 2003).
    Currently there are four Regulated Navigation Areas (RNA), one
security zone and two safety zones within and approaching Apra Harbor.
These regulations, included in 33 CFR 165.1401, 1402, 1404 and 1405,
while intended to improve the safety and security of Apra Harbor and
the mariners operating therein, are potentially confusing, overlapping,
and do not adequately address current needs. The purpose of this
rulemaking is to simplify the current regulations, taking into account
relevant safety and security navigational requirements for the waters
of Apra Harbor, including approaches to the Harbor. This rulemaking
creates a regulatory scheme that ensures the needs of all stakeholders
are addressed in a concise, understandable format through consolidation
of the regulated navigation areas and rationalization of

limited access areas (safety or security zones).

C. Discussion of Comments, Changes, and the Final Rule

    No comments regarding the Notice of Proposed Rule Making were
received. The regulatory text of the Final Rule is the same as the
regulatory text of the Notice of Proposed Rule Making without change.
    By this rulemaking, the Coast Guard is:
     Revising 33 CFR 165.1401 by:
    [cir] Removing the safety zone around Wharf H as the wharf is no
longer used for explosives cargo handling on a regular basis.
    [cir] Removing Wharf H terminology in the special regulation
paragraph, as it no longer applies.
    [cir] Expanding and re-designating the safety zone around Naval
Wharf Kilo as Safety Zones A and B, to address the increasing volumes
of explosive cargoes handled by the wharf, while assuring operational
flexibility to maritime operators under varying cargo load conditions
and their explosive arcs. The activation and enforcement of Safety Zone
A will be visually indicated by a red (BRAVO) flag and a ``SAFETY ZONE
A'' sign displayed at Naval Wharf Kilo. The activation and enforcement
of Safety Zone B will be visually indicated by a red (BRAVO) flag and a
``SAFETY ZONE B'' sign displayed at Naval Wharf Kilo.
     Removing 33 CFR 165.1402 because:
    [cir] The Regulated Navigation Area (RNA) designated in paragraph
(a) is redundant and less precise than a subsequent RNA addressing the
area, 33 CFR 165.1405(a)(1) and (2), that was made effective January
29, 2003 (68 FR 4384, Jan. 29, 2003).
    [cir] The existing Sec.  165.1402(b) regulations are outdated,
concurrently addressed by Coast Guard anchorage regulation 33 CFR
110.238, and local government harbor regulations.
     Amending 33 CFR 165.1405 by:
    [cir] Removing the words ``(including Cabras Island Channel)'' from
the section heading,
    [cir] Removing paragraph (a)(4) because Cabras Island Channel is
already encompassed by paragraph (a)(2), Apra Harbor.
    [cir] Revising paragraph (a)(2) by replacing a reference to ``Apra
Harbor'' with ``Apra Outer Harbor.'' This is appropriate because the
current regulation is redundant in addressing the waters of Apra Inner
Harbor that are restricted by existing U.S. Army Corps of Engineers
regulation 33 CFR 334.1430.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. This rulemaking will not
adversely impact the economy or a segment of the economy in Guam,
interfere with another agency, alter any entitlements, grants, user
fees, or loans, or raise a novel or controversial question of law or
policy. This rulemaking will streamline the current regulations in
place, actually decreasing the burden on waterway users. Further,
although the intention is to expand the safety zones around Naval Wharf
Kilo, traffic will be permitted to pass through the zones with the
permission of the Captain of the Port. In fact, providing two safety
zones will limit the burden on the mariner, allowing a closer approach
to Naval Wharf Kilo under certain conditions.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The Coast Guard
received 0 comments from the Small Business Administration on this
rule. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities. This rulemaking is intended to streamline the current
regulations in place, actually decreasing the burden on certain small
entities and waterway users.

3. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

4. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

5. Protest Activities

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

6. Unfunded Mandates Reform Act

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

7. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

8. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

9. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

10. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes,

or on the distribution of power and responsibilities between the
Federal Government and Indian tribes.

11. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

12. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

13. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the consolidation and rationalization
of existing Apra Harbor navigation regulations. This rule is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. An environmental analysis
checklist supporting this determination and a Categorical Exclusion
Determination are available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.

0
2. Revise Sec.  165.1401 to read as follows:

Sec.  165.1401  Apra Harbor, Guam--safety zones.

    (a) Location. (1) The following is designated Safety Zone A: The
waters of Apra Outer Harbor encompassed within an arc of 1,000 yards
radius centered at the center of Naval Wharf Kilo, located at 13
degrees 26'44.5'' N and 144 degrees 37'50.7'' E. (Based on World
Geodetic System 1984 Datum).
    (2) The following is designated Safety Zone B: The waters of Apra
Outer Harbor encompassed within an arc of 1,400 yards radius centered
at the center of Naval Wharf Kilo, located at 13 degrees 26'44.5'' N
and 144 degrees 37'50.7'' E. (Based on World Geodetic System 1984
Datum).
    (b) Special regulations. (1) Safety Zone A, described in paragraph
(a) of this section, will only be enforced when Naval Wharf Kilo, or a
vessel berthed at Naval Wharf Kilo, is displaying a red (BRAVO) flag by
day or a red light by night, accompanied by a ``SAFETY ZONE A'' sign.
    (2) Safety Zone B, described in paragraph (a) of this section, will
only be enforced when Naval Wharf Kilo, or a vessel berthed at Naval
Wharf Kilo, is displaying a red (BRAVO) flag by day or a red light by
night, accompanied by a ``SAFETY ZONE B'' sign.
    (3) Under general regulations in Sec.  165.23, entry into the zones
described in paragraph (a) of this section is prohibited unless
authorized by the Captain of the Port, Guam.

Sec.  165.1402  [Removed]

0
3. Remove Sec.  165.1402.

0
4. In Sec.  165.1405, revise the section heading and paragraph (a)(2)
and remove paragraph (a)(4) to read as follows:

Sec.  165.1405  Regulated Navigation Areas and Security Zones:
Designated Escorted Vessels-Philippine Sea and Apra Harbor Guam, and
Tanapag Harbor, Saipan, Commonwealth of the Northern Mariana Islands
(CNMI).

    (a) * * *
    (2) Apra Outer Harbor, Guam--All waters from surface to bottom of
Apra Outer Harbor, Guam, shoreward of the COLREGS Demarcation line as
described in 33 CFR part 80.
* * * * *

    Dated: December 19, 2014.
C. B. Thomas,
Rear Admiral, U.S. Coast Guard, Commander, Fourteenth Coast Guard
District.
[FR Doc. 2015-00181 Filed 1-8-15; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 81, Number 167 (Monday, August 29, 2016)]
[Notices]
[Pages 59209-59210]
[FR Doc No: 2016-20633]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM98-1-000]

Records Governing Off-the-Record Communications; Public Notice

    This constitutes notice, in accordance with 18 CFR 385.2201(b), of
the receipt of prohibited and exempt off-the-record communications.
    Order No. 607 (64 FR 51222, September 22, 1999) requires Commission
decisional employees, who make or receive a prohibited or exempt off-
the-record communication relevant to the merits of a contested
proceeding, to deliver to the Secretary of the Commission, a copy of
the communication, if written, or a summary of the substance of any
oral communication.
    Prohibited communications are included in a public, non-decisional
file associated with, but not a part of, the decisional record of the
proceeding. Unless the Commission determines that the prohibited
communication and any responses thereto should become a part of the
decisional record, the prohibited off-the-record communication will not
be considered by the Commission in reaching its decision. Parties to a
proceeding may seek the opportunity to respond to any facts or
contentions made in a prohibited off-the-record communication, and may
request that the Commission place the prohibited communication and
responses thereto in the decisional record. The Commission will grant
such a request only when it determines that fairness so requires. Any
person identified below as having made a prohibited off-the-record
communication shall serve the document on all parties listed on the
official service list for the applicable proceeding in accordance with
Rule 2010, 18 CFR 385.2010.
    Exempt off-the-record communications are included in the decisional
record of the proceeding, unless the communication was with a
cooperating agency as described by 40 CFR 1501.6, made under 18 CFR
385.2201(e)(1)(v).
    The following is a list of off-the-record communications recently
received by the Secretary of the Commission. The communications listed
are grouped by docket numbers in ascending order. These filings are
available for electronic review at the Commission in the Public
Reference Room or may be viewed on the Commission's Web site at http://www.ferc.gov using the eLibrary link. Enter the docket number,
excluding the last three digits, in the docket number field to access
the document. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>.

------------------------------------------------------------------------
                                                        Presenter or
            Docket No.                 File date          requester
------------------------------------------------------------------------
Prohibited:
1. IS16-61-000....................        8-4-2016  R. Gordan Gooch.
2. CP15-558-000...................        8-8-2016  Roy Christman.
3. CP15-558-000...................        8-8-2016  Roy Christman.
4. CP16-10-000....................        8-8-2016  Susan Richmond-
                                                     Steitz.
5. CP15-88-000....................       8-11-2016  Ann Hall McHenry.
6. CP15-558-000...................       8-12-2016  Marilyn Cummings.
7. CP15-558-000...................       8-12-2016  Roy Christman.
8. CP15-558-000...................       8-12-2016  Alan Scott.
9. CP15-558-000...................       8-12-2016  Fiona Scott.
10. CP15-558-000..................       8-15-2016  Hunt Stockwell.
11. CP15-558-000..................       8-15-2016  Roy Christman.
12. CP15-554-000, CP16-10-000.....       8-16-2016  John Stella.
13. CP14-96-000...................       8-16-2016  Pat Abeyta.
14. CP16-21-000...................       8-18-2016  Mike Hughson.
                                                    Kathy Hughson.
Exempt:
1. P-14241-000....................        8-4-2016  State of Alaska
                                                     Governor Bill
                                                     Walker.
2. P-553-000......................        8-5-2016  Upper Skagit Indian
                                                     Tribe.
3. P-1494-000.....................        8-8-2016  U.S. Senator James
                                                     M. Inhofe.
4. CP15-558-000...................        8-9-2016  U.S. House
                                                     Representative
                                                     Leonard Lance.
5. P-1494-433.....................       8-10-2016  FERC Staff.\1\
6. P-1494-433.....................       8-11-2016  FERC Staff.\2\
7. P-1494-433.....................       8-11-2016  FERC Staff.\3\
8. CP16-10-000....................       8-17-2016  U.S. Senator Mark R.
                                                     Warner.
9. P-13753-002, P-13762-002, P-          8-19-2016  FERC Staff.\4\
 13771-002, P-13763-002, P-13766-
 002, P-13767-002.
------------------------------------------------------------------------
\1\ Memo reporting phone call on July 26, 2016 with Senator James Inhofe
  of Oklahoma.
\2\ Memo reporting phone call on July 28, 2016 with Senator James Inhofe
  of Oklahoma.
\3\ Memo reporting phone call on July 26, 2016 with Senator James Inhofe
  of Oklahoma.
\4\ Telephone Record for phone call on August 16, 2016 with Rick
  McCorkle of the U.S. Fish and Wildlife Service.

    Dated: August 23, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-20633 Filed 8-26-16; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 13 (Thursday, January 20, 2022)]
[Notices]
[Pages 3113-3114]
[FR Doc No: 2022-00986]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2021-0020; OMB No. 1660-0131]

Agency Information Collection Activities: Proposed Collection;
Comment Request; Threat and Hazard Identification and Risk Assessment
(THIRA)--Stakeholder Preparedness Review (SPR) Unified Reporting Tool

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: 30-Day notice of revision and request for comments.

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

SUMMARY: The Federal Emergency Management Agency (FEMA) will submit the
information collection abstracted below to the Office of Management and
Budget for review and clearance in accordance with the requirements of
the Paperwork Reduction Act of 1995. The submission will describe the
nature of the information collection, the categories of respondents,
the estimated burden (i.e., the time, effort and resources used by
respondents to respond) and cost, and the actual data collection
instruments FEMA will use.

DATES: Comments must be submitted on or before February 22, 2022.

ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of the information collection should be made to Director,
Information Management Division, 500 C Street SW, Washington, DC 20472,
email address [email protected] or
Sharon Frederick, Section Chief, Community Risk and Capability
Assessments Section, National Assessments and Integration Division,
FEMA, at [email protected] or<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This proposed information collection
previously published in the Federal Register on September 14, 2021, at
86 FR 51177 with a 60-day public comment period. No comments were
received. The purpose of this notice is to notify the public that FEMA
will submit the information collection abstracted below to the Office
of Management and Budget for review and clearance.
    This package is a revision to the collection titled the Threat and
Hazard Identification and Risk Assessment (THIRA)--Stakeholder
Preparedness Review (SPR) Unified Reporting Tool under OMB Control
Number 1660-0131. The Post-Katrina Emergency Management Reform Act of
2006 (PKEMRA) (Pub. L. 109-295), as amended by the Implementing
Recommendations of the 9/11 Commission Act of 2007 (Pub. L. 110-53),
established an annual requirement for the 56 states and territories to
submit a State Preparedness Report, at 6 U.S.C 752(c). Because this
reporting now includes States, Tribes, territories, and urban areas,
FEMA has revised the name of the collection as the Stakeholder
Preparedness Review (SPR). States, Tribes, territories, and urban areas
receiving non-disaster preparedness grant funds administered by DHS
submit the SPR annually, and this encompasses the requirements of the
previous State Preparedness Report, while reflecting the updated
methodology reporting needs. The legislation requires a report on
current capability levels and a description of targeted capability
levels from all States, Tribes, territories, and urban areas receiving
non-disaster preparedness grant funds administered by DHS. Each report
must also include a discussion of the extent to which target
capabilities identified in the applicable state homeland security plan
and other applicable plans are unmet, and an assessment of resources
needed to meet the preparedness priorities established under 6 U.S.C.
752(c), including: (i) An estimate of the amount of expenditures
required to attain the preparedness priorities; and (ii) the extent to
which the use of Federal assistance during the preceding fiscal year
achieved the preparedness priorities. To meet this requirement, States,
Tribes, territories, and urban areas first identify capability targets
through THIRA and then assess against these targets in the SPR. Through
the SPR, these jurisdictions estimate their current capabilities,
identify and describe gaps between current capabilities and targets,
indicate their intended approach for addressing gaps in the future, and
report on the impact of Federal grant dollars in building and
sustaining capabilities. It is also important to note that completing
the THIRA and SPR are allowable expenses under the grant awards.

Collection of Information

    Title: Threat and Hazard Identification and Risk Assessment
(THIRA)--Stakeholder Preparedness Review (SPR) Unified Reporting Tool.
    Type of Information Collection: Revision of a currently approved
information collection.
    OMB Number: 1660-0131.
    FEMA Forms: FEMA Form FF-008-FY-21-106, Threat and Hazard
Identification and Risk Assessment (THIRA)/Stakeholder Preparedness
Review (SPR) Unified Reporting Tool (formerly FEMA Forms 008-0-19 and
008-0-20); FEMA Form FF-008-FY-21-107, THIRA/SPR After Action
Conference Calls (formerly FEMA Form 008-0-23).
    Abstract: The assessment is structured by the 32 core capabilities
from the 2015 National Preparedness Goal. States, territories, urban
areas, and tribes provide information on capability targets, their
current capability levels and capability gaps for each core capability.
Respondent States, Tribes, territories, and urban areas gather the
information and complete the THIRA and SPR following the
``Comprehensive Preparedness Guide (CPG) 201, Third Edition.''
    Affected Public: State, Territory, Local or Tribal Government.
    Estimated Number of Respondents: 256.
    Estimated Number of Responses: 256.
    Estimated Total Annual Burden Hours: 88,779.
    Estimated Total Annual Respondent Cost: $4,914,805.
    Estimated Respondents' Operation and Maintenance Costs:
$21,337,885.
    Estimated Respondents' Capital and Start-Up Costs: $0.

    Estimated Total Annual Cost to the Federal Government: $2,312,561.

Comments

    Comments may be submitted as indicated in the ADDRESSES caption
above. Comments are solicited to (a) evaluate whether the proposed data
collection is necessary for the proper performance of the agency,
including whether the information shall have practical utility; (b)
evaluate the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (c) enhance the quality, utility, and
clarity of the information to be collected; and (d) minimize the burden
of the collection of information on those who are to respond, including
through the use of appropriate automated, electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses.

Millicent L. Brown,
Acting Records Management Branch Chief, Office of the Chief
Administrative Officer, Mission Support, Federal Emergency Management
Agency, Department of Homeland Security.
[FR Doc. 2022-00986 Filed 1-19-22; 8:45 am]
BILLING CODE 9111-27-P


[Federal Register Volume 80, Number 111 (Wednesday, June 10, 2015)]
[Notices]
[Pages 32966-32967]
[FR Doc No: 2015-14144]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2015-N-1702]

Baxter Healthcare Corporation et al.; Withdrawal of Approval of
One New Drug Application and Four Abbreviated New Drug Applications

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is withdrawing approval
of one new drug application (NDA) for Ondansetron (ondansetron
hydrochloride (HCl)) Injection, USP in PL 2408 Plastic Container, 32
milligrams (mg) in 50 milliliters (mL), single intravenous (IV) dose,
and four abbreviated new drug applications (ANDAs) for ondansetron HCl
and Dextrose in 32 mg single IV doses. The holders of these
applications have voluntarily requested that FDA withdraw approval of
their applications and have waived their opportunity for a hearing.

DATES: Effective June 10, 2015.

FOR FURTHER INFORMATION CONTACT: Emily Helms Williams, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, Rm. 6280, Silver Spring, MD 20993-0002, 301-
796-3381.

SUPPLEMENTARY INFORMATION: On June 29, 2012, FDA issued a Drug Safety
Communication to notify health care professionals that the 32 mg,
single IV dose of ondansetron HCl, indicated for prevention of nausea
and vomiting associated with initial and repeat courses of emetogenic
cancer chemotherapy in adult patients, should be avoided due to the
risk of a specific type of irregular heart rhythm called QT interval
prolongation, which can lead to Torsades de Pointes, an abnormal,
potentially fatal heart rhythm. Subsequently, FDA contacted the holders
of the following applications and informed them that the Agency
believes that in light of the safety concern associated with
ondansetron HCl in the 32 mg, single IV dose, the following drug
products should be removed from the market:

------------------------------------------------------------------------
     Application number               Drug                Applicant
------------------------------------------------------------------------
NDA 021915..................  Ondansetron           Baxter Healthcare
                               Hydrochloride         Corporation
                               Injection, USP        (Baxter), 32650 N.
                               premix in Intravia    Wilson Rd., Round
                               Plastic Container.    Lake, IL 60073.
ANDA 077348.................  Ondansetron           Hospira, Inc.
                               Hydrochloride and     (Hospira), 275
                               Dextrose in Plastic   North Field Dr.,
                               Container.            Department 389,
                                                     Bldg. H2-2, Lake
                                                     Forest, IL 60045.
ANDA 077480.................  Ondansetron           Teva Pharmaceuticals
                               Hydrochloride and     USA (Teva), 400
                               Dextrose in Plastic   Chestnut Ridge Rd.,
                               Container.            Woodcliff Lake, NJ
                                                     07677.
ANDA 078291.................  Ondansetron           Bedford Labs
                               Hydrochloride and     (Bedford), 300
                               Dextrose in Plastic   Northfield Rd.,
                               Container.            Bedford, OH 44146.
ANDA 078308.................  Ondansetron           Claris Lifesciences
                               Hydrochloride and     Ltd. (Claris), 2325
                               Dextrose in Plastic   Camino Vida Roble,
                               Container.            Suite A, Carlsbad,
                                                     CA 92011.
------------------------------------------------------------------------

    As described in this document, the application holders agreed to
voluntarily remove their respective 32 mg, single IV dose ondansetron
products from the market, and requested that FDA withdraw approval of
their respective applications (listed in the preceding table) under
Sec.  314.150(d) (21 CFR 314.150(d)). On December 4, 2012, FDA issued
an updated Drug Safety Communication alerting health care professionals
that these products would be removed from the market because of their
potential for serious cardiac risks.
    Baxter's Ondansetron (ondansetron HCl) Injection, USP in PL 2408
Plastic Container, 32 mg/50 mL, single IV dose, was approved in NDA
021915 on December 27, 2006. In a letter dated November 27, 2012,
Baxter requested withdrawal of NDA 021915 under 21 CFR 314.150(d), and
waived its opportunity for a hearing provided under Sec.  314.150(a).
In a letter dated September 5, 2012, Baxter notified FDA that the
product was being discontinued. In a contemporaneous notice, FDA is
announcing its determination that the product was withdrawn from sale
for reasons of safety or effectiveness and that FDA will not accept or
approve ANDAs that refer to this drug product.
    Hospira's ondansetron HCl Injection 32 mg/50 mL, single IV dose was
approved in ANDA 077348 on February 1, 2007. In a letter dated January
31, 2013, Hospira requested withdrawal of ANDA 077348 under 21 CFR
314.150(d), and waived its opportunity for a hearing provided under
Sec.  314.150(a).
    Teva's ondansetron HCl Injection 32 mg/50 mL, single IV dose was
approved in ANDA 077480 on November 22, 2006. In a letter dated
November 20, 2012, Teva requested withdrawal of ANDA 077480 under 21
CFR 314.150(d), and waived its opportunity for a hearing provided under
Sec.  314.150(a).
    Bedford's ondansetron HCl Injection 32 mg/50 mL, single IV dose was
approved in ANDA 078291 on April 13, 2009. In a letter dated April 4,
2014, Bedford requested withdrawal of ANDA 078291, under 21 CFR
314.150(d), and waived its opportunity for a hearing provided under
Sec.  314.150(a).
    Claris's ondansetron HCl Injection 32 mg/50 mL, single IV dose, was
approved in ANDA 078308 on March 17, 2008. In a letter dated November
16, 2012, through its U.S. agent, CUSTOpharm, Inc., Claris requested
withdrawal of ANDA 078308 under 21 CFR 314.150(d), and waived its
opportunity for a hearing provided under Sec.  314.150(a).
    Therefore, under section 505(e) of the Federal Food, Drug, and
Cosmetic Act (FD&C Act) (21 U.S.C. 355(e)) and 21 CFR 314.150(d), and
under authority delegated by the Commissioner to the Director, Center
for Drug Evaluation and Research, approval of the applications listed
in the table of this document, and all amendments and supplements
thereto, is withdrawn (see DATES). Distribution of these products in
interstate commerce without an approved application is illegal and
subject to regulatory action (see sections 505(a) and 301(d) of the
FD&C Act (21 U.S.C. 355(a) and 331(d)). The Agency will remove these
products from the list of drug products with effective approvals
published in FDA's ``Approved Drug Products With Therapeutic
Equivalence Evaluations,'' generally referred to as the ``Orange
Book.''

    Dated: June 4, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-14144 Filed 6-9-15; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 86, Number 54 (Tuesday, March 23, 2021)]
[Rules and Regulations]
[Pages 15414-15418]
[FR Doc No: 2021-05866]

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

40 CFR Part 52

[EPA-R03-OAR-2020-0317; FRL-10021-28-Region 3]

Air Plan Approval; Pennsylvania; 1997 8-Hour Ozone National
Ambient Air Quality Standard Second Maintenance Plan for the State
College Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by the Commonwealth of
Pennsylvania. The revision pertains to the Commonwealth's plan,
submitted by the Pennsylvania Department of Environmental Protection
(PADEP), for maintaining the 1997 8-hour ozone national ambient air
quality standard (NAAQS) (referred to as the ``1997 ozone NAAQS'') in
the Centre County, Pennsylvania area (State College Area). EPA is
approving these revisions to the Pennsylvania SIP in accordance with
the requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on April 22, 2021.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2020-0317. All documents in the docket are listed on
the https://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute.

Certain other material, such as copyrighted material, is not placed on
the internet and will be publicly available only in hard copy form.
Publicly available docket materials are available through https://www.regulations.gov, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.

FOR FURTHER INFORMATION CONTACT: Serena Nichols, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-
2053. Ms. Nichols can also be reached via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On October 14, 2020 (85 FR 65008), EPA published a notice of
proposed rulemaking (NPRM) for the Commonwealth of Pennsylvania. In the
NPRM, EPA proposed approval of Pennsylvania's plan for maintaining the
1997 ozone NAAQS in the State College Area through December 14, 2027,
in accordance with CAA section 175A. The formal SIP revision was
submitted by PADEP on March 10, 2020.

II. Summary of SIP Revision and EPA Analysis

    On April 30, 2004 (69 FR 23857, effective June 15, 2004), EPA
approved a redesignation request (and maintenance plan) from PADEP for
the State College Area. In accordance with CAA section 175A(b), at the
end of the eighth year after the effective date of the redesignation,
the state must also submit a second maintenance plan to ensure ongoing
maintenance of the standard for an additional 10 years, and in South
Coast Air Quality Management District v. EPA,\1\ the D.C. Circuit held
that this requirement cannot be waived for areas, like the State
College Area, that had been redesignated to attainment for the 1997 8-
hour ozone NAAQS prior to revocation and that were designated
attainment for the 2008 ozone NAAQS. CAA section 175A sets forth the
criteria for adequate maintenance plans. In addition, EPA has published
longstanding guidance that provides further insight on the content of
an approvable maintenance plan, explaining that a maintenance plan
should address five elements: (1) An attainment emissions inventory;
(2) a maintenance demonstration; (3) a commitment for continued air
quality monitoring; (4) a process for verification of continued
attainment; and (5) a contingency plan.\2\ PADEP's March 10, 2020
submittal fulfills Pennsylvania's obligation to submit a second
maintenance plan and addresses each of the five necessary elements.
---------------------------------------------------------------------------

    \1\ 882 F.3d 1138 (D.C. Cir. 2018).
    \2\ ``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' Memorandum from John Calcagni, Director, Air Quality
Management Division, September 4, 1992 (Calcagni Memo).
---------------------------------------------------------------------------

    As discussed in the October 14, 2020 NPRM, EPA allows the submittal
of a limited maintenance plan (LMP) to meet the statutory requirement
that the area will maintain for the statutory period. Qualifying areas
may meet the maintenance demonstration by showing that the area's
design value \3\ is well below the NAAQS and that the historical
stability of the area's air quality levels indicates that the area is
unlikely to violate the NAAQS in the future. EPA evaluated PADEP's
March 10, 2020 submittal for consistency with all applicable EPA
guidance and CAA requirements. EPA found that the submittal met CAA
section 175A and all CAA requirements, and proposed approval of the LMP
for the State College Area as a revision to the Pennsylvania SIP.
---------------------------------------------------------------------------

    \3\ The ozone design value for a monitoring site is the 3-year
average of the annual fourth-highest daily maximum
    8-hour average ozone concentrations. The design value for an
ozone nonattainment area is the highest design value of any
monitoring site in the area.
---------------------------------------------------------------------------

    Other specific requirements of PADEP's March 10, 2020 submittal and
the rationale for EPA's proposed action are explained in the NPRM and
will not be restated here.

III. EPA's Response to Comments Received

    EPA received comments on the October 14, 2020 NPRM from three
commenters. All comments received are in the docket for this rulemaking
action. A summary of the comments and EPA's responses are provided
herein. The first commenter alleges that the plan should not be
approved because ``PADEP's schedule is insufficient and the only two
regulatory measures the state proposed are measures that have already
been implemented,'' and provides specific comments in support of this
assertion:
    Comment 1: The commenter asserts that PADEP's schedule for
promulgating and implementing the contingency measures is not fast
enough to prevent a violation of the NAAQS. The commenter notes that
the Pennsylvania LMP includes a requirement that Pennsylvania evaluate
whether additional local emission control measures are necessary when a
monitor in the area exceeds the level of the NAAQS for two consecutive
years. Because an area's design value uses three years of data, the
commenter argues that this requirement will not provide sufficient time
for the State's measures to affect air quality in the third year,
which, if above the level of the NAAQS, would lead to a violation. The
commenter urges EPA to disapprove the LMP because the ``schedule does
not ensure a violation of the NAAQS does not occur by the end of the
third year.''
    Response 1: EPA does not agree that the plan should be disapproved.
CAA section 175A(d) mandates that a maintenance plan must contain
``such contingency provisions as the Administrator deems necessary to
assure that the State will promptly correct any violation of the
standard which occurs after the redesignation of the area as an
attainment area.'' (emphasis added). The statute therefore does not
include any requirement that a maintenance plan's contingency measures
prevent a violation of the NAAQS, but rather only that those selected
measures be available to address a violation of the NAAQS after it
already occurs. As referred to in the comment, Pennsylvania also
elected to adopt a ``warning level response,'' which states that PADEP
will consider adopting contingency measures if, for two consecutive
years, the fourth highest eight-hour ozone concentrations at any
monitor in the area are above 84 parts per billion (ppb). But this
warning level response is not required under the CAA, and therefore we
do not agree with the commenter that the plan should be disapproved
based on the commenter's allegation that the warning level response's
implementation schedule is insufficient.
    Moreover, as a general matter, we do not agree that the schedules
for implementation of contingency provisions in the LMP are
insufficient. As noted, the CAA provides some degree of flexibility in
assessing a maintenance plan's contingency measures--requiring that the
plan contain such contingency provisions ``as the Administrator deems
necessary'' to assure that any violations of the NAAQS will be
``promptly'' corrected. EPA's longstanding guidance for redesignations,
the Calcagni Memo, also does not provide precise parameters for what
strictly constitutes ``prompt'' implementation of contingency measures,
noting that, for purposes of CAA section 175A, ``a state is not
required to have fully adopted contingency measures that will take

effect without further action by the state in order for the maintenance
plan to be approved.'' Calcagni memo at 12. However, the guidance does
state that the plan should ensure that the measures are adopted
``expediently'' once they are triggered, and should provide ``a
schedule and procedure for adoption and implementation, and a specific
time limit for action by the state.'' Id. We think the State's plan,
which provides specific lists of regulatory and non-regulatory measures
that the state would consider after evaluating and assessing what it
believed to be the cause of increased ozone concentrations, and the
specific timeframes it would use to expediently implement the various
measures, meets the requirements of CAA section 175A.
    Comment 2: The commenter questions the validity of the two
regulatory contingency measures. The commenter claims that previously
implemented measures cannot be used as contingency measures, calling
into question one of the contingency measures that was previously
approved into Pennsylvania's SIP. The comment also states that another
contingency measure regarding portable fuel containers is already in
effect nationwide and that PA's SIP submission does not reference the
national regulation at 40 CFR part 59, but notes that the Pennsylvania
portable fuel container rule was repealed in 2012, and that the State's
submission doesn't explain what is intended by this contingency
measure. The commenter also states that EPA may not rely on the
proposed non-regulatory control measures because those are only ``SIP-
strengthening.''
    Response 2: The commenter asserts that Pennsylvania cannot
implement existing controls as contingency measures. However, as
expressly noted in the LMP, Pennsylvania states that both of the
contingency measures the commenter objects to, will be in addition to
existing controls.
    PADEP identifies the consumer products contingency measure as being
``additional controls'' on consumer products. While Pennsylvania
already has in place volatile organic compounds (VOC) limits for
certain consumer products in its regulations at 25 Pa. Code Chapter
130, EPA understands that PADEP would need to use its rulemaking
process to enact additional controls on VOC emissions from consumer
products that go beyond those already implemented under 25 Pa. Code
Chapter 130. As the commenter points out, PADEP has not identified what
those specific additional measures would be. EPA's interpretation of
the CAA as stated in the Calcagni memo is that contingency measures are
not required to be fully adopted in order to be approved. Therefore, it
is reasonable to interpret the use of ``additional'' here as indicating
that the State would be adopting new controls the go beyond those
already on the books, by, e.g., establishing limits for categories or
types of consumer products not already regulated or possibly by
regulating more stringently those products already regulated under 25
Pa. Code Chapter 30.
    The commenter also objects to PADEP identifying controls on
portable fuel containers as a contingency measure. As with the consumer
products rule, PADEP clearly contemplates enacting, if the occasion
arises, ``additional controls'' beyond any national or state rule
already on the books and being implemented. Those ``additional
controls'' would, like the consumer product rule, need to establish
limits on VOC emissions on portable fuel containers that go beyond any
regulations currently in effect in PA. Under the national rule codified
40 CFR 59.697, states are not precluded from adopting and enforcing any
emission standard or limitation. EPA promulgates national regulations
that provide a floor nationwide, but States have the legal authority
under CAA section 116 to regulate more stringently.
    We note that no maintenance plan can be expected to cover every
possible contingency. Greenbaum v. EPA, 370 F.3d 527 (6th Cir. 2004).
It is possible that PADEP may not complete promulgation of the
regulatory measures in its estimated time frame. EPA believes that
PADEP has prudently supported its proposed regulatory contingency
measures with six non-regulatory contingency measures. It is EPA's
belief that the presence of the non-regulatory measures enhances the
Commonwealth's ability to respond to remedy any future violation of the
NAAQS.
    Comment 3: The commenter speculates that for PADEP to implement the
non-regulatory measures it must need to identify timely sources of
funding for those measures.
    Response 3: This comment is purely speculative. The comment does
not provide any specific facts or analysis that would call into
question Pennsylvania's ability to identify timely sources of funding
for the non-regulatory contingency measures if they ever needed to be
implemented. As we noted previously, CAA section 175A(d) requires only
that the plan contain contingency provisions that the Administrator
deems necessary to assure that a violation will be promptly corrected.
EPA's analysis is that by including a suite of eight regulatory and
non-regulatory contingency measures in the LMP, the Commonwealth
increases its opportunities to implement such measures as might ever
prove necessary to promptly correct a violation of the NAAQS.
    Comment 4: The second commenter claims that EPA must disapprove
PADEP's SIP for several reasons. First, the commenter claims that PADEP
``cannot afford to maintain an (sic) SIP that has experienced a
significant deterioration in safety under this management plan for more
than six months.'' Then, the commenter states additional concerns that
``the agency may be obliged to undertake a higher maintenance program
if the plan shows a serious deterioration in safety, due to a
significant change in design standards, a significant increase in labor
expenditures, or a substantial expansion of the number of workers
employed in the SIP. See supra infra at 4-5. However, for the reasons
set forth above, there is nothing in the applicable statute to prevent
the agency from requiring the maintenance of an (sic) SIP with a plan
less severe than what the State requires of a temporary SIP. See supra
infra at 4-7.''
    Response 4: EPA believes that this comment, although referring to
both, maintenance plans and SIPs, appears to be using those terms to
refer to something other than the particular maintenance plan and
revision to the Pennsylvania SIP that is the subject of this
rulemaking. The comment also appears to reference either another
document or section of a document (``See supra infra at 4-5,'' etc.)
that has not been provided and does not provide context for these
comments. EPA believes that this comment is most likely intended to
address something other than the subject of this rulemaking, and
therefore is not relevant, and does not require a substantive response.
    Comment 5: The third commenter claims that ``EPA should disapprove
this SIP maintenance plan if the EPA confirms that the plan cannot meet
the recommendations contained in Section 7 and 8.'' The commenter
references regulations under Section 7, 8, 9, 10, and Part 2
throughout. They also state that the public must be assured that
Section 8 and 9 requirements can be fulfilled and the ``CAA
requirements are blessed by the OIG.''
    Response 5: It is unclear what document the commenter is
referencing. Additionally, the reference to the OIG, EPA understands to
refer to the Office of Inspector General. The Office of

Inspector General has no role in EPA's SIP approval process. EPA
believes that this comment is most likely intended to address something
other than the subject of this rulemaking, and therefore is not
relevant, and does not require a substantive response.

IV. Final Action

    EPA is approving PADEP's second maintenance plan for the State
College Area for the 1997 ozone NAAQS as a revision to the Pennsylvania
SIP.

V. Statutory and Executive Order Reviews

A. General Requirements

    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 beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because it is not a significant regulatory
action under Executive Order 12866;
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    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).

C. Petitions for Judicial Review

    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 May 24, 2021. 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. This action, approving PADEP's second maintenance plan for the
State College Area for the 1997 ozone NAAQS, 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, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: March 15, 2021.
Diana Esher,
Acting Regional Administrator, Region III.

    For the reasons stated in the preamble, the EPA amends 40 CFR part
52 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.

Subpart NN--Pennsylvania

0
2. In Sec.  52.2020, the table in paragraph (e)(1) is amended by adding
the entry ``Second Maintenance Plan for the State College 1997 8-Hour
Ozone Nonattainment Area'' at the end of the table to read as follows:

Sec.  52.2020  Identification of plan.

* * * * *
    (e) * * *
    (1) * * *

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                                                            State
    Name of non-regulatory SIP          Applicable        submittal     EPA approval date        Additional
             revision                 geographic area        date                                explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Second Maintenance Plan for the    State College Area..      3/10/20  3/23/2021, [insert    The State College
 State College 1997 8-Hour Ozone                                       Federal Register      area consists
 Nonattainment Area.                                                   citation].            solely of Centre
                                                                                County.
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2021-05866 Filed 3-22-21; 8:45 am]
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