[Federal Register: July 21, 2009 (Volume 74, Number 138)]
[Rules and Regulations]
[Page 35797-35801]
[DOCID:fr21jy09-13]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 744

[Docket No. 090414651-91046-01]
RIN 0694-AE59

Addition and Removal of Certain Persons on the Entity List:
Addition of Persons Acting Contrary to the National Security or Foreign
Policy Interests of the United States; Removal of Persons Based on ERC
Annual Review and Removal Requests; and Entry Modified for Purposes of
Clarification

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: This rule amends the Export Administration Regulations (EAR)
by adding thirteen additional persons to the Entity List (Supplement
No. 4 to Part 744) on the basis of Section 744.11 of the EAR. The
persons that are added to the Entity List have been determined by the
U.S. Government to be acting contrary to the national security or
foreign policy interests of the United States. This rule also amends
the Export Administration Regulations by removing three persons from
the Entity List. BIS removes one of the three persons from the Entity
List as a result of a determination made by the United States
Government during the annual review of the Entity List conducted by the
End-User Review Committee (ERC). The two remaining persons are removed
from the Entity List in response to a request for removal. Finally,
this rule makes a correction to the address of one person listed on the
Entity List. The Entity List provides notice to the public that certain
exports and reexports to parties identified on the Entity List require
a license from the Bureau of Industry and Security (BIS) and that
availability of License Exceptions in such transactions is limited.

DATES: Effective Date: This rule is effective July 21, 2009. Although
there is no formal comment period, public comments on this regulation
are welcome on a continuing basis.

ADDRESSES: You may submit comments, identified by RIN 0694-AE59, by any
of the following methods:
    E-mail<EMAIL_ADDRESS>Include ``RIN 0694-AE59'' in
the subject line of the message.
    Fax:<PHONE_NUMBER>. Please alert the Regulatory Policy Division,
by calling<PHONE_NUMBER>, if you are faxing comments.
    Mail or Hand Delivery/Courier: Timothy Mooney, U.S. Department of
Commerce, Bureau of Industry and Security, Regulatory Policy Division,
14th St. & Pennsylvania Avenue, NW., Room 2705, Washington, DC 20230,
Attn: RIN 0694-AE59.
    Send comments regarding the collection of information associated
with this rule, including suggestions for reducing the burden, to
Jasmeet K. Seehra, Office of Management and Budget (OMB), by e-mail to
<EMAIL_ADDRESS>or by fax to<PHONE_NUMBER>; and to
the Regulatory Policy Division, Bureau of Industry and Security,
Department of Commerce, 14th St., & Pennsylvania Avenue, NW., Room
2705, Washington, DC 20230. Comments on this collection of information
should be submitted separately from comments on the final rule (i.e.,
RIN 0694-AE59)--all comments on the latter should be submitted by one
of the three methods outlined above.

FOR FURTHER INFORMATION CONTACT: Elizabeth Scott Sangine, End-User
Review Committee, Office of the Assistant Secretary, Export
Administration, Bureau of Industry and Security, Department of
Commerce, Phone:<PHONE_NUMBER>, Fax:<PHONE_NUMBER>, E-mail:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The Entity List provides notice to the public that certain exports
and reexports to parties identified on the Entity List require a
license from the Bureau of Industry and Security (BIS) and that
availability of License Exceptions in such transactions is limited. BIS
first published the Entity List in February 1997 as part of its efforts
to inform the public of entities that have engaged in activities that
could result in an increased risk of diversion of exported and
reexported items to weapons of mass destruction (WMD) programs. Since
its initial publication, grounds for inclusion on the Entity List have
expanded to activities sanctioned by the Department of State and
activities contrary to U.S. national security and/or foreign policy
interests.

ERC Entity List Decisions

    Pursuant to Supplement No. 5 to part 744 (Procedures for End-User
Review Committee Entity List Decisions) of the EAR, the ERC, composed
of representatives of the Departments of Commerce, State, Defense,
Energy and, where appropriate, the Treasury, makes all decisions to
make additions to, removals from or changes to the Entity List. The ERC
is chaired by the Department of Commerce and makes all decisions to add
an entry to the Entity List by majority vote and all decisions to
remove or modify an entry by unanimous vote.
    The ERC made a determination to add thirteen persons to the Entity
List on the basis of Sec.  744.11 (License Requirements that Apply to
Entities Acting Contrary to the National Security or Foreign Policy
Interests of the United States) of the EAR. The thirteen entities added
to the Entity List consist of three persons in Germany, five persons in
Hong Kong and five persons in Ireland.
    The ERC reviewed Sec.  744.11(b) (Criteria for revising the Entity
List) in making the determination to add these persons to the Entity
List. Under that paragraph, entities for which there is reasonable
cause to believe, based on specific and articulable facts, that the
entity has been involved, is involved, or poses a significant risk of
being or becoming involved in activities that are contrary to the
national security or foreign policy interests of the United States and
those acting on behalf of such entities may be added to the Entity List
pursuant to Sec.  744.11.
    Paragraph (b) of Sec.  744.11 includes an illustrative list of
activities that could be contrary to the national security or foreign
policy interests of the United States. This illustrative list of
activities of concern is described under paragraphs (b)(1)-(b)(5). The
persons being added to the Entity List under this rule have been
determined by the ERC to be involved in activities that could be
contrary to the national security or foreign policy interests of the
United States.
    In addition, the ERC made a determination to remove three entities
from the Entity List. As outlined in Supplement No. 5 to part 744,
under the last paragraph of that Supplement, the ERC conducts a
systematic review of the Entity List. Based upon the results of that
annual review, the ERC made a determination that one person in Pakistan
should be removed from the Entity List, because this person is not
engaged in activities that would warrant including the person on the
Entity List.
    The ERC also made a determination to remove two other persons,
located in the United Arab Emirates, as a result of a request for
removal submitted by these two listed entities. Based upon the review
of the information provided in the removal request, in accordance with
Sec.  744.16 and further review that was

conducted by the ERC's member agencies of these end-users, the ERC
determined that these two persons should be removed from the Entity
List. The ERC decision to remove Feroz Jafar and Telectron took into
account these two listed persons' cooperation with the U.S. Government,
as well as these listed persons' assurances of future compliance with
the EAR. In accordance with Sec.  744.16(c), the Deputy Assistant
Secretary for Export Administration has sent written notification to
these persons informing them of the ERC's decision to remove them from
the Entity List.

Additions to the Entity List

    This rule implements the decision of the ERC to add thirteen
persons to the Entity List on the basis of Sec.  744.11 of the EAR. For
all of the thirteen persons added to the Entity List, the ERC specified
a license requirement for all items subject to the EAR and established
a license application review policy of a general policy of denial. The
license requirement applies to any transaction in which items are to be
exported or reexported to such persons or in which such persons act as
purchaser, intermediate consignee, ultimate consignee, or end-user. In
addition, no license exceptions are available for shipments to those
persons being added to the Entity List.
    Specifically, this rule adds the following thirteen persons to the
Entity List:
Germany
    (1) Christof Schneider, Margaretenweg 10, 42929
Wermelskirchen, Germany;
    (2) Hans Werner Schneider, Bertha von Suttner Weg 1, 42929
Wermelskirchen, Germany; and
    (3) Schneider GMBH, Thomas Mann Str. 35-37, 42929 Wermelskirchen,
Germany; and P.O. Box 1523, Wermelskirchen, 42908 DE; and Thomas Mann
Str., 35-37, P.O. Box 1523, Wermelskirchen, 42908 DE.
Hong Kong
    (4) Able City Development Limited, Unit C, 9/F Neich Tower, 128
Gloucester Road, Wanchai, Hong Kong; and Unit 401, Harbour Ctr., Tower
2, 8 Hok Cheung Street, Hung Hom, Kowloon, Hong Kong;
    (5) Sik Yin Ngai, a.k.a., Spencer Ngai, Unit 401, Harbour Ctr.,
Tower 2, 8 Hok Cheung Street Hung Hom, Kowloon, Hong Kong;
    (6) Siu Ching Ngai, a.k.a., Terry Ngai, Unit C, 9/F Neich Tower,
128 Gloucester Road, Wanchai, Hong Kong;
    (7) Sysdynamic Limited, Unit 716A, 7/F Enterprise Place (Building
9), No. 5 Science Park West Avenue, Hong Kong Science Park, Shatin, New
Territories, Hong Kong; and Unit 401, Harbour Ctr., Tower 2, 8 Hok
Cheung Street, Hung Hom, Kowloon, Hong Kong; and
    (8) Tam Shue Ngai, Unit C, 9/F Neich Tower, 128 Gloucester Road,
Wanchai, Hong Kong.
Ireland
    (9) Mac Aviation Group, a.k.a., Mac Aviation Limited, Cloonmull
House, Drumcliffe, County Sligo, Ireland;
    (10) Mac Aviation Nigeria, Cloonmull House, Drumcliffe, County
Sligo, Ireland;
    (11) Sean Byrne, Cloonmull House, Drumcliffe, County Sligo,
Ireland;
    (12) Sean McGuinn, Cloonmull House, Drumcliffe, County Sligo,
Ireland; and
    (13) Thomas McGuinn a.k.a., Tom McGuinn, Cloonmull House,
Drumcliffe, County Sligo, Ireland.
    A BIS license is required for the export or reexport of any item
subject to the EAR to any of the persons listed above, including any
transaction in which any of the listed persons will act as purchaser,
intermediate consignee, ultimate consignee, or end-user of the items.
This listing of these persons also prohibits the use of License
Exceptions (see part 740 of the EAR) for exports and reexports of items
subject to the EAR involving such persons.

Removal From the Entity List

    One person being removed from the Entity List with this rule is
removed on the basis of the results of the annual review of the Entity
List that was conducted by the ERC in accordance with the procedures
outlined in Supplement No. 5 to part 744. The entity is located in
Pakistan:
Pakistan
    (1) Karachi CBW Research Institute, University of Karachi's Husein
Ebrahim Jamal Research Institute of Chemistry (HEJRIC).
    Two additional persons are being removed under this rule as a
result of the submission of a formal request for removal based upon the
procedures outlined in Sec.  744.16 of the EAR. These two entities are
located in the United Arab Emirates:
United Arab Emirates
    (2) Feroz Jafar, Al Salam St., P.O. Box 2946 Abu Dhabi, U.A.E.; and
    (3) Telectron, Al Salam St., P.O. Box 2946, Abu Dhabi, U.A.E.
    The removal of these three persons from the Entity List eliminates
the existing license requirements in Supplement No. 4 to part 744 for
exports and reexports to these persons. However, the removal of these
persons from the Entity List does not relieve persons of other
obligations under part 744 of the EAR or under other parts of the EAR.
Neither the removal of a person from the Entity List nor the removal of
Entity List-based license requirements relieves persons of their
obligations under General Prohibition 5 in Sec.  736.2(b)(5) of the EAR
which provides that, ``you may not, without a license, knowingly export
or reexport any item subject to the EAR to an end-user or end-use that
is prohibited by part 744 of the EAR.'' Nor do such removals relieve
persons of their obligation to apply for export or reexport licenses
required by other provisions of the EAR. BIS strongly urges the use of
Supplement No. 3 to part 732 of the EAR, ``BIS's `Know Your Customer'
Guidance and Red Flags,'' when persons are involved in transactions
that are subject to the EAR.

Correction to the Entity List

    This rule revises the address provided for one person that was
listed on the Entity List from the United Arab Emirates. Specifically,
this rule to correct an inadvertent removal of the name of the city
where the person is located, which occurred in a December 5, 2008 (73
FR 73999) final rule that revised this entry.
    This rule revises the name and address of this one listed person,
as follows:
United Arab Emirates
    (1) Advanced Technology General Trading Company, Dubai, U.A.E. (See
alternate address under Kuwait).

Savings Clause

    Shipments of items removed from eligibility for a License Exception
or export or reexport without a license (NLR) as a result of this
regulatory action that were on dock for loading, on lighter, laden
aboard an exporting or reexporting carrier, or en route aboard a
carrier to a port of export or reexport, on July 21, 2009, pursuant to
actual orders for export or reexport to a foreign destination, may
proceed to that destination under the previous eligibility for a
License Exception or export or reexport without a license (NLR) so long
as they are exported or reexported before August 20, 2009. Any such
items not actually exported or reexported before midnight on August 20,
2009, require a license in accordance with this rule.
    Although the Export Administration Act expired on August 20, 2001,
the President, through Executive Order

13222 of August 17, 2001, 3 CFR, 2001 Comp., p. 783 (2002), as extended
by the Notice of July 23, 2008, 73 FR 43603 (July 23, 2008), has
continued the Export Administration Regulations in effect under the
International Emergency Economic Powers Act.

Rulemaking Requirements

    1. This rule has been determined to be not significant for purposes
of Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is
required to respond to nor be subject to a penalty for failure to
comply with a collection of information, subject to the requirements of
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA),
unless that collection of information displays a currently valid Office
of Management and Budget (OMB) Control Number. This regulation involves
collections previously approved by the OMB under control numbers 0694-
0088, ``Multi-Purpose Application,'' which carries a burden hour
estimate of 58 minutes to prepare and submit form BIS-748.
Miscellaneous and recordkeeping activities account for 12 minutes per
submission. Total burden hours associated with the Paperwork Reduction
Act and Office and Management and Budget control number 0694-0088 are
expected to increase slightly as a result of this rule.
    3. This rule does not contain policies with Federalism implications
as that term is defined in Executive Order 13132.
    4. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public participation, and a delay in effective date, are inapplicable
because this regulation involves a military or foreign affairs function
of the United States. (See 5 U.S.C. 553(a)(1)). Further, no other law
requires that a notice of proposed rulemaking and an opportunity for
public comment be given for this rule. Because a notice of proposed
rulemaking and an opportunity for public comment are not required to be
given for this rule by 5 U.S.C. 553, or by any other law, the
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are not applicable.

List of Subjects in 15 CFR Part 744

    Exports, Reporting and recordkeeping requirements, Terrorism.

0
Accordingly, part 744 of the Export Administration Regulations (15 CFR
parts 730-774) is amended as follows:

PART 744--[AMENDED]

0
1. The authority citation for 15 CFR part 744 continues to read as
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179;
E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59
FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR 5079, 3 CFR,
1995 Comp., p. 356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 208; E.O. 13222,
66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR 49079, 3
CFR, 2001 Comp., p. 786; Notice of July 23, 2008, 73 FR 43603 (July
25, 2008); Notice of November 10, 2008, 73 FR 67097 (November 12,
2008).

0
2. Supplement No. 4 to part 744 is amended:
0
a. By removing under Pakistan, this one Pakistani entity ``Karachi CBW
Research Institute, University of Karachi's Husein Ebrahim Jamal
Research Institute of Chemistry (HEJRIC)'';
0
b. By removing under United Arab Emirates, these two U.A.E. entities
``Feroz Jafar, Al Salam St., P.O. Box 2946, Abu Dhabi, U.A.E.''; and
``Telectron, Al Salam St., P.O. Box 2946, Abu Dhabi, U.A.E.'';
0
c. By adding under Germany, in alphabetical order, three German
entities;
0
d. By adding under Hong Kong, in alphabetical order, five Hong Kong
entities;
0
e. By adding, in alphabetical order, the country of Ireland and five
Irish entities; and
0
f. By revising under United Arab Emirates, in alphabetical order, one
U.A.E. entity.
    The additions and revision read as follows:

                                                        Supplement No. 4 to Part 744--Entity List
--------------------------------------------------------------------------------------------------------------------------------------------------------
              Country                         Entity                   License requirement        License review policy     Federal Register  citation
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
 GERMANY

                                                                      * * * * * * *
                                    Christof Schneider,         For all items subject to the      Presumption of denial  74 FR [INSERT FR PAGE NUMBER],
                                     Margaretenweg 10, 42929                 EAR).
                                     Wermelskirchen, Germany.

                                                                      * * * * * * *
                                    Hans Werner Schneider,      For all items subject to the      Presumption of denial  74 FR [INSERT FR PAGE NUMBER],
                                     Bertha von Suttner Weg      EAR. (See Sec.   744.11 of the                           July 21, 2009.
                                     1, 42929           EAR).
                                     Wermelskirchen, Germany.

                                                                      * * * * * * *
                                    Schneider GMBH, Thomas      For all items subject to the      Presumption of denial  74 FR [INSERT FR PAGE NUMBER],
                                     Mann Str. 35-37, 42929      EAR. (See Sec.   744.11 of the                           July 21, 2009.
                                     Wermelskirchen, Germany;    EAR).
                                     and P.O. Box 1523,
                                     Wermelskirchen, 42908 DE;
                                     and Thomas Mann Str., 35-
                                     37, P.O. Box 1523,
                                     Wermelskirchen, 42908 DE.
HONG KONG.........................  Able City Development       For all items subject to the      Presumption of denial  74 FR [INSERT FR PAGE NUMBER],
                                     Limited, Unit C, 9/F        EAR. (See Sec.   744.11 of the                           July 21, 2009.
                                     Neich Tower, 128            EAR).
                                     Gloucester Road, Wanchai,
                                     Hong Kong; and Unit 401,
                                     Harbour Ctr., Tower 2, 8
                                     Hok Cheung Street, Hung
                                     Hom, Kowloon, Hong Kong.

                                                                      * * * * * * *
                                    Sik Yin Ngai, a.k.a.        For all items subject to the      Presumption of denial  74 FR [INSERT FR PAGE NUMBER],
                                     Spencer Ngai, Unit 401,     EAR. (See Sec.   744.11 of the                           July 21, 2009.
                                     Harbour Ctr., Tower 2, 8    EAR).
                                     Hok Cheung Street, Hung
                                     Hom, Kowloon, Hong Kong.
                                    Siu Ching Ngai, a.k.a.      For all items subject to the      Presumption of denial  74 FR [INSERT FR PAGE NUMBER],
                                     Terry Ngai, Unit C, 9/F     EAR. (See Sec.   744.11 of the                           July 21, 2009.
                                     Neich Tower, 128            EAR).
                                     Gloucester Road, Wanchai,
                                     Hong Kong.

                                                                      * * * * * * *
                                    Sysdynamic Limited, Unit    For all items subject to the      Presumption of denial  74 FR [INSERT FR PAGE NUMBER],
                                     716A, 7/F Enterprise        EAR. (See Sec.   744.11 of the                           July 21, 2009.
                                     Place (Building 9), No. 5   EAR).
                                     Science Park West Avenue,
                                     Hong Kong Science Park,
                                     Shatin, New Territories,
                                     Hong Kong; and Unit 401,
                                     Harbour Ctr., Tower 2, 8
                                     Hok Cheung Street, Hung
                                     Hom, Kowloon, Hong Kong.
                                    Tam Shue Ngai, Unit C, 9/F  For all items subject to the      Presumption of denial  74 FR [INSERT FR PAGE NUMBER],
                                     Neich Tower, 128            EAR. (See Sec.   744.11 of the                           July 21, 2009.
                                     Gloucester Road, Wanchai,   EAR).
                                     Hong Kong.

                                                                      * * * * * * *
IRELAND...........................  Mac Aviation Group, a.k.a.  For all items subject to the      Presumption of denial  74 FR [INSERT FR PAGE NUMBER],
                                     Mac Aviation Limited,       EAR. (See Sec.   744.11 of the                           July 21, 2009.
                                     Cloonmull House,            EAR).
                                     Drumcliffe, County Sligo,
                                     Ireland.
                                    Mac Aviation Nigeria,       For all items subject to the      Presumption of denial  74 FR [INSERT FR PAGE NUMBER],
                                     Cloonmull House,            EAR. (See Sec.   744.11 of the                           July 21, 2009.
                                     Drumcliffe, County Sligo,   EAR).
                                     Ireland.
                                    Sean Byrne, Cloonmull       For all items subject to the      Presumption of denial  74 FR [INSERT FR PAGE NUMBER],
                                     House, Drumcliffe, County   EAR. (See Sec.   744.11 of the                           July 21, 2009.
                                     Sligo, Ireland.             EAR).
                                    Sean McGuinn, Cloonmull     For all items subject to the      Presumption of denial  74 FR [INSERT FR PAGE NUMBER],
                                     House, Drumcliffe, County   EAR. (See Sec.   744.11 of the                           July 21, 2009.
                                     Sligo, Ireland.             EAR).
                                    Thomas McGuinn a.k.a. Tom   For all items subject to the      Presumption of denial  74 FR [INSERT FR PAGE NUMBER],
                                     McGuinn, Cloonmull House,   EAR. (See Sec.   744.11 of the                           July 21, 2009.
                                     Drumcliffe, County Sligo,   EAR).
                                     Ireland.

                                                                      * * * * * * *
UNITED ARAB EMIRATES..............  Advanced Technology         For all items subject to the      Presumption of denial  73 FR 54509 9/22/08 73 FR 74001
                                     General Trading Company,    EAR. (See Sec.   744.11 of the                           12/5/08
                                     Dubai, U.A.E. (See          EAR).                                                   74 FR [INSERT FR PAGE NUMBER],
                                     alternate address under                                                              July 21, 2009.
                                     Kuwait).

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Dated: July 16, 2009.
Matthew S. Borman,
Acting Assistant Secretary for Export Administration.
 [FR Doc. E9-17295 Filed 7-20-09; 8:45 am]

BILLING CODE 3510-33-P


[Federal Register Volume 80, Number 161 (Thursday, August 20, 2015)]
[Rules and Regulations]
[Pages 50582-50585]
[FR Doc No: 2015-20496]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2010-0304, FRL 9932-53-Region 8]

Approval and Promulgation of Air Quality Implementation Plans;
Montana; Revisions to the Administrative Rules of Montana; Correction

AGENCY: Environmental Protection Agency.

ACTION: Final rule; correction.

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SUMMARY: The Environmental Protection Agency (EPA) is approving State
Implementation Plan (SIP) revisions submitted by the State of Montana
on March 17, 2010, August 1, 2011, November 22, 2011, and September 19,
2014. The revisions are to the Administrative Rules of Montana (ARM)
and include minor editorial and grammatical changes, updates to
citations and references to federal and state laws and regulations,
revisions to open burning rules, changes to the process for appealing
air quality permits, and providing a process for revocation of air
quality permits when owners cannot be found by mail. Also in this
action, EPA is correcting final rules pertaining to Montana's SIP. On
January 29, 2010, EPA took direct final action to approve SIP revisions
as submitted by the State of Montana on January 16, 2009 and May 4,
2009. EPA subsequently discovered an error in our January 29, 2010
direct final action related to ``incorporation by reference'' (IBR)
materials and the associated regulatory text numbering. EPA is
correcting this error with today's action. Finally, EPA is updating the
Montana nonregulatory provisions table to add carbon monoxide
maintenance plans for Billings, Montana, and Great Falls, Montana
approved by EPA on March 30, 2015 and April 1, 2015, respectively. This
action is being taken under section 110 of the Clean Air Act (CAA).

DATES: This rule is effective on September 21, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R08-OAR-2010-0304. All documents in the docket are listed on
the www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through
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, Mail Code 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
I. Background

    The State of Montana submitted SIP revisions containing amendments
to IBR current federal regulations and other material into air quality
rules of the ARM. The notice of proposed rulemaking (NPR) published on
June 1, 2015 (80 FR 30984) proposed approval of Montana's submissions
with respect to the following: Grammatical changes made to ARM
17.8.102(1), and all revisions of 17.8.802(1)(c) and 17.8.822(9) from
the March 17, 2010 submittal; revisions to ARM 17.8.604(1)(a),
17.8.610(2), 17.8.612(10) and (11), 17.8.613(8) and (9), 17.8.614(8)
and (9), 17.8.615(6) and (7), and 17.8.763(3) from the November 22,
2011 submission; citations and references to federal law and State
rules superseding and replacing all previous versions of ARM
17.8.102(1)(a), 17.8.102(1)(b), and 17.8.102(1)(c) from the September
19, 2014 submittal; and language added to ARM 17.8.102(3) and
17.8.102(4)(a) through (d) from the September 19, 2014 submittal. The
reasons for our approval are provided in detail in the NPR.
    For reasons explained in the NPR, EPA also provided notice that
language in ARM 17.8.102 with a State effective date of October 26,
2007 was in effect between January 16, 2010 and publication of our
proposed notice on June 1, 2015. Finally, for reasons explained in our
NPR, EPA proposed to correct erroneous amendatory instructions
published in the Federal Register on January 29, 2010 (75 FR 4698).

II. Response to Comments

    No comments were received on our June 1, 2015 NPR.

III. Final Action

    EPA is approving grammatical changes made to ARM 17.8.102(1), and
all revisions of 17.8.802(1)(c) and 17.8.822(9) from the March 17, 2010
submittal. We are approving the November 22, 2011 submittal's revisions

to ARM 17.8.604(1)(a), 17.8.610(2), 17.8.612(10) and (11), 17.8.613(8)
and (9), 17.8.614(8) and (9), 17.8.615(6) and (7), and 17.8.763(3). We
are approving the September 19, 2014 submittal's citations and
references to federal law and State rules superseding and replacing all
previous versions of ARM 17.8.102(1)(a), 17.8.102(1)(b), and
17.8.102(1)(c). Previous submittals were received on March 17, 2010 and
August 1, 2011. We are also approving language added to ARM 17.8.102(3)
and 17.8.102(4)(a) through (d) from the September 19, 2014 submittal.
    Our action provides notice that language in ARM 17.8.102 with a
State effective date of October 26, 2007 was in effect between January
16, 2010 and June 1, 2015. EPA is also adding to table (e) of CAA Sec.
52.1370, ``EPA-approved nonregulatory provisions,'' to reflect the
final EPA approval of carbon monoxide limited maintenance plans for the
Billings (80 FR 16571, March 30, 2015) and Great Falls (80 FR 17331,
April 1, 2015) carbon monoxide maintenance areas. These additions were
inadvertently left out of the table when these maintenance plans were
approved. Finally, EPA is correcting erroneous amendatory instructions
published in the Federal Register on January 29, 2010 (75 FR 4698).

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the ARM
regarding citations and references to federal and State laws and
regulations; open burning rules; air quality permits appeal process;
and revocation of air quality permits discussed in section III, EPA's
Review of the State of Montana's March 17, 2010; August 1, 2011;
November 22, 2011; and September 19, 2014 Submittals, and CFR
Correction, of the NPR (80 FR 30984, June 1, 2015). EPA is also
correcting incorporation by reference errors in our final rulemaking
``Air Quality State Implementation Plans; Approvals and Promulgations:
Montana; Revised Format for Materials Being Incorporated by Reference''
(80 FR 22909, April 24, 2015) to reflect the final EPA approval of
carbon monoxide limited maintenance plans for the Billings (80 FR
16571, March 30, 2015,) and Great Falls (80 FR 17331, April 1, 2015)
carbon monoxide maintenance areas. The EPA has made, and will continue
to make, these documents generally available electronically through
www.regulations.gov and/or in hard copy at the appropriate EPA office
(see the ADDRESSES section of this preamble for more information).

V. Statutory and Executive Orders Review

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations (42 U.S.C. 7410(k), 40 CFR 52.02(a)). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
final action merely approves some state law as meeting federal
requirements and disapproves other state law because it does not meet
federal requirements; this final action does not impose additional
requirements beyond those imposed by state law. For that reason, this
final action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, Oct. 4, 1993);
     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, Aug. 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, Feb. 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications and will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 19, 2015. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See CAA section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Greenhouse
gases, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

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

    Dated: August 4, 2015.
Shaun L. McGrath,
Regional Administrator, Region 8.

    40 CFR part 52 is amended to read 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 BB--Montana

0
2. Section 52.1370 is amended by:
0
a. In paragraph (c), revising the table entries for ``17.8.102'',
``17.8.604'', ``17.8.610'', ``17.8.612'', ``17.8.613'', ``17.8.614'',
``17.8.615'', ``17.8.763'', ``17.8.802'', ``17.8.822.''
0
b. In paragraph (e), revising the second table entry under ``(2)
Cascade County'' and the first table entry under ``(9) Yellowstone
County.''
    The revisions read as follows:

Sec.  52.1370  Identification of plan.

* * * * *
    (c) * * *

----------------------------------------------------------------------------------------------------------------
                                                        State      EPA final rule     Final rule
        State citation              Rule title     effective date       date           citation        Comments
----------------------------------------------------------------------------------------------------------------
                     (i) Administrative Rules of Montana, Subchapter 01, General Provisions
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
17.8.102......................  Incorporation by      10/16/2009,       8/20/2015  [insert Federal
                                 Reference.            06/12/2014                   Register
                                                                                citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                        (iv) Administrative Rules of Montana, Subchapter 06, Open Burning
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
17.8.604......................  Prohibited Open        04/15/2011       8/20/2015  [insert Federal
                                 Burning--When                                      Register
                                 Permit Required.                                   citation].

                                                  * * * * * * *
17.610........................  Major Open             04/15/2011       8/20/2015  [insert Federal
                                 Burning Source                                     Register
                                 Restrictions.                                      citation].

                                                  * * * * * * *
17.8.612......................  Conditional Air        04/15/2011       8/20/2015  [insert Federal
                                 Quality Open                                       Register
                                 Burning Permits.                                   citation].
17.8.613......................  Christmas Tree         04/15/2011       8/20/2015  [insert Federal
                                 Waste Open                                         Register
                                 Burning Permits.                                   citation].
17.8.614......................  Commercial Film        04/15/2011       8/20/2015  [insert Federal
                                 Production Open                                    Register
                                 Burning Permits.                                   citation].
17.8.615......................  Firefighter            04/15/2011       8/20/2015  [insert Federal
                                 Training.                                          Register
                                                                                citation].
----------------------------------------------------------------------------------------------------------------
(v) Administrative Rules of Montana, Subchapter 07, Permit Construction and Operation of Air Contaminant Sources
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
17.8.763......................  Revocation of          04/15/2011       8/20/2015  [insert Federal
                                 Permit.                                            Register
                                                                                citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
   (vi) Administrative Rules of Montana, Subchapter 08, Prevention of Significant Deterioration of Air Quality
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
17.8.802......................  Incorporation by       10/16/2009       8/20/2015  [insert Federal
                                 Reference.                                         Register
                                                                                citation].

                                                  * * * * * * *
17.8.822......................  Air Quality            10/16/2009       8/20/2015  [insert Federal
                                 Analysis.                                          Register
                                                                                citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                Notice of
                         Title/Subject                               State        final rule     NFR Citation
                                                                effective date       date
---------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                              (2) Cascade County
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Great Falls Carbon Monoxide (CO)--Maintenance Plan, State of               N/A        4/1/2015     80 FR 17331
 Montana Air Quality Control Implementation Plan, Cascade
 County Carbon Monoxide Limited Maintenance Plan, Chapter 7,
 Great Falls Carbon Monoxide (CO) Limited Maintenance Plan and
 the Associated Alternative Monitoring Strategy...............

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                            (9) Yellowstone County
----------------------------------------------------------------------------------------------------------------
Billings Carbon Monoxide (CO)--Maintenance Plan, State of                  N/A       3/30/2015     80 FR 16571
 Montana Air Quality Control Implementation Plan, Yellowstone
 County Carbon Monoxide Limited Maintenance Plan, Chapter 56,
 Billings Carbon Monoxide (CO) Limited Maintenance Plan and
 the associated Alternative Monitoring Strategy...............

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
0
3. Section 52.1397 is amended by adding paragraph (c)(69) to read as
follows:

Sec.  52.1397  Original identification of plan.

* * * * *
    (c) * * *
    (69) Revisions to the State Implementation Plan which were
submitted by the State of Montana on January 16, 2009 and May 4, 2009.
The revisions are to the Administrative Rules of Montana; they make
minor editorial and grammatical changes, update the citations and
references to Federal laws and regulations, and make other minor
changes to conform to federal regulations.
    (i) Incorporation by reference.
    (A) Administrative Rules of Montana (ARM) sections 17.8.102
Incorporation by Reference--Publication Dates, 17.8.301 Definitions,
17.8.901 Definitions, and 17.8.1007 Baseline for Determining Credit for
Emissions and Air Quality Offsets, effective October 24, 2008.
    (B) Administrative Rules of Montana (ARM) section 17.8.308
Particulate Matter, Airborne, effective February 13, 2009.
* * * * *
[FR Doc. 2015-20496 Filed 8-19-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 103 (Friday, May 27, 2022)]
[Notices]
[Pages 32235-32236]
[FR Doc No: 2022-11501]

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

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2022-0034]

Pipeline Safety: Request for Special Permit; Southern Natural Gas
Company, LLC

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

ACTION: Notice.

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

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

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

ADDRESSES: Comments should reference the docket number for this special
permit request and may be submitted in the following ways:
     E-Gov Website: http://www.Regulations.gov. This site
allows the public to enter comments on any Federal Register notice
issued by any agency.
     Fax: 1-202-493-2251.
     Mail: Docket Management System: U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Docket Management System: U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590, between
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal
holidays.
    Instructions: You should identify the docket number for the special
permit request you are commenting on at the beginning of your comments.
If you submit your comments by mail, please submit two (2) copies. To
receive confirmation that PHMSA has received your comments, please
include a self-addressed stamped postcard. Internet users may submit
comments at http://www.Regulations.gov.

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

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

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

SUPPLEMENTARY INFORMATION: PHMSA received a special permit request from
SNG, a subsidiary of Kinder Morgan, Inc., seeking a waiver from the
requirements of 49 CFR 192.611(a) and (d): Change in class location:
Confirmation or revision of maximum allowable operating pressure, and
49 CFR 192.619(a): Maximum allowable operating pressure: Steel or
plastic pipelines.
    This special permit is being requested in lieu of pipe replacement,
pressure reduction, or new pressure tests for four (4) gas transmission
special permit segments totaling 2,166.42 feet (approximately 0.410
miles). These pipeline segments, which have changed from a Class 1 to
Class 3 location, are as follows:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Maximum
                                                                                allowable
                                                                     Outside                                                                 operating
    Special permit segment  number           County, state          diameter            Line name          Length (feet)  Year installed     pressure
                                                                    (inches)                                                                (pounds per
                                                                                square inch
                                                                                gauge)
--------------------------------------------------------------------------------------------------------------------------------------------------------
655..................................  Talladega, AL...........              20  North Main Line........          715.33            1979             719
656..................................  Muscogee, GA............              30  South Main 2nd Loop              275.82            1981           1,200
                                                                                Line.
683..................................  Muscogee, GA............              24  South Main Loop Line...             438            1958           1,200
712..................................  Talladega, AL...........              20  North Main Line........          737.27            1979             719
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The special permit request, proposed special permit with
conditions, and draft environmental assessment (DEA) for the above
listed SNG special permit segments are available for review and public
comments in Docket No. PHMSA-2022-0034. PHMSA invites interested
persons to review and submit comments on the special permit request and
DEA in the docket. Please include any comments on potential safety and
environmental impacts that may result if the special permit is granted.
Comments may include relevant data.
    Before issuing a decision on the special permit request, PHMSA will
evaluate all comments received on or before the comments closing date.
Comments received after the closing date will be evaluated, if it is
possible to do so without incurring additional expense or delay. PHMSA
will consider each relevant comment it receives in making its decision
to grant or deny this special permit request.

    Issued in Washington, DC on May 16, 2022, under authority
delegated in 49 CFR 1.97.
Alan K. Mayberry,
Associate Administrator for Pipeline Safety.
[FR Doc. 2022-11501 Filed 5-26-22; 8:45 am]
BILLING CODE 4910-60-P