[Federal Register Volume 80, Number 127 (Thursday, July 2, 2015)]
[Rules and Regulations]
[Pages 37988-37992]
[FR Doc No: 2015-15913]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 257

[EPA-HQ-RCRA-2015-0331; FRL-9928-44-OSWER]
RIN-2050-AE81

Technical Amendments to the Hazardous and Solid Waste Management
System; Disposal of Coal Combustion Residuals From Electric Utilities--
Correction of the Effective Date

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA or the Agency) is
taking action to amend the final rule regulating the disposal of coal
combustion residuals (CCR) as solid waste under subtitle D of the
Resource Conservation and Recovery Act (RCRA). After publication in the
Federal Register, inconsistencies resulting from typographical errors
established two different effective dates in the regulatory text for
the final CCR rule. This action corrects these inconsistencies and
revises the Code of Federal Regulations (CFR) so that it accurately
reflects the statutory effective date of six months

from the publication date of the rule, coinciding with a date of
October 19, 2015. Consistent with Federal requirements, the EPA is also
correcting dates for certain provisions that fall on January 18, 2016,
which is a Federal holiday, to the next succeeding Federal business
day, which is January 19, 2016.

DATES: This final rule is effective on October 19, 2015. Effective July
2, 2015, the effective date of the final CCR rule published on April
17, 2015 at 80 FR 21302 is corrected from October 14, 2015 to October
19, 2015.

ADDRESSES: The EPA has established a docket for this regulatory action
under Docket ID No. EPA-HQ-RCRA-2015-0331. All documents in this docket
are available at http://www.regulations.gov. 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 either electronically in http://www.regulations.gov or in
hard copy at the OSWER Docket, EPA/DC, WJC West Building, Room 3334,
1301 Constitution Ave. NW., Washington, DC 20460. The Public Reading
Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone number for the Public Reading
Room is<PHONE_NUMBER>, and the telephone number for the OSWER Docket
is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: For more information on this
rulemaking, contact Steve Souders, Materials Recovery and Waste
Management Division, Office of Resource Conservation and Recovery (MC
5304 P), U.S. Environmental Protection Agency, telephone number: (703)
308-8431; fax number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>    For more information on this rulemaking please visit: http://www.epa.gov/epawaste/nonhaz/industrial/special/fossil/index.htm.

SUPPLEMENTARY INFORMATION:

The Contents of This Preamble Are Listed in the Following Outline

I. General Information
II. Statutory Authority
III. Corrections Made to the Regulatory Text Regarding the Effective
Date
IV. Statutory and Executive Order Reviews

I. General Information

A. Does this action apply to me?

    This rule applies to all coal combustion residuals (CCR) generated
by electric utilities and independent power producers that fall within
the North American Industry Classification System (NAICS) code 221112
and may affect the following entities: Electric utility facilities and
independent power producers that fall under the NAICS code 221112. The
industry sector(s) identified above may not be exhaustive; other types
of entities not listed could also be affected. The Agency's aim is to
provide a guide for readers regarding those entities that potentially
could be affected by this action. If you have any questions regarding
the applicability of this action to a particular entity, consult the
person listed in the preceding FOR FURTHER INFORMATION CONTACT section.

B. Why are these amendments being issued as a final rule?

    Section 553 of the Administrative Procedure Act (APA), 5 U.S.C.
553(b)(3)(B), provides that, when an Agency for good cause finds that
notice and public procedures are impracticable, unnecessary or contrary
to the public interest, the Agency may issue a final rule without
providing notice and an opportunity for public comment. Similarly,
section 553(d) authorizes an Agency to establish an effective date for
a rule that is sooner than 30 days from its publication, ``as otherwise
provided by the agency for good cause found and published with the
rule.''
    This final rule only revises the CFR to be consistent with the
requirements in RCRA section 4004(c) and the Office of the Federal
Register (OFR) regulation at 1 U.S.C. 18.17(b). The EPA is issuing this
rule solely to ensure that the CFR accurately reflects the date by
which, under current law, the provisions of the rule become effective.
Consequently, the EPA has determined that there is good cause for
making the technical amendments in this final rule without prior
proposal and opportunity for comment, because notice and public comment
would be unnecessary. For the same reasons, the EPA has concluded that
good cause exists for making the corrections in this final rule
effective July 2, 2015.
1. Different Effective Dates
    After publication in the Federal Register, inconsistencies
resulting from typographical errors established two different effective
dates for the final CCR rule, one that accurately reflects the
statutory effective date, and a second, inaccurate date (80 FR 21302,
April 17, 2015). This action corrects these inconsistencies in the CFR,
so that it accurately reflects the effective date under RCRA section
4004(c) of six months from the publication date of the rule, i.e.,
October 19, 2015.
    Section 4004 (c) of RCRA generally establishes a six month
effective date for rules issued under subtitle D, providing that ``the
prohibition contained in subsection (b) shall take effect on the date
six months after the date of promulgation of regulations under
subsection (a).'' 42 U.S.C. 6944(c). In other words, RCRA requires that
six months after promulgation of a rule under section 4004(a), solid
waste can only be managed in a manner that complies with the
requirements of the rule.
    Under RCRA, promulgation of a rule occurs upon signature and
publication in the Federal Register. Horsehead Resource Development Co,
Inc., v. EPA, 130 F.3d 1090, 1094-1095 (D.C. Cir. 1997) (``We hold . .
. at least in the absence of a contrary agency regulation,
``promulgation'' as used in section [7006(a)(1) of RCRA] means the date
of Federal Register publication.''). Thus by operation of law, the
requirements in the final CCR rule go into effect six months from the
date of its publication in the Federal Register, or October 19, 2015.
Based on the rule published in the Federal Register (80 FR 21302, April
17, 2015), the CFR inaccurately reflects the current date by which
facilities must be in compliance with certain requirements. This action
merely corrects the CFR to accurately reflect these existing legal
obligations; it does not alter or affect them in any way, but merely
ensures that the public will not be confused by inaccuracies. The EPA
has therefore determined that further public comment on this action is
unnecessary and that good cause exists for making the corrections in
this final rule without prior publication or public comment.
2. Inconsistency With Other Federal Regulations
    The EPA is also correcting dates for certain provisions that fall
on January 18, 2016, which is a Federal holiday. According to 1 CFR
18.07(b), ``where the final count would fall on a Saturday, Sunday, or
holiday, the date certain will be the next succeeding Federal business
day.'' To be consistent with 1 CFR 18.07(b), that date needs to be
revised to the next Federal business day, or January 19, 2016. Based on
the final CCR rule published in Federal Register (80 FR 21302), the CFR
inaccurately reflects the current date by which

facilities must be in compliance with these requirements. This action
merely corrects the CFR to ensure that the public will not be confused.
The EPA has therefore determined that further public comment on this
action is unnecessary and that good cause exists for making the
corrections in this final rule without prior publication or public
comment.

II. Statutory Authority

    This regulation is established under the authority of sections
1008(a), 2002(a), 3001, 4004, and 4005(a) of the Solid Waste Disposal
Act of 1970, as amended by the Resource Conservation and Recovery Act
of 1976, as amended by the Hazardous and Solid Waste Amendments of 1984
(HSWA), 42 U.S.C. 6906(b), 6907(a), 6912(a), 6944 and 6945(a).

III. Corrections Made to the Regulatory Text Regarding the Effective
Date

    In drafting the final CCR rule, the Agency used the following two
bracketed ``instructions'' when referring to the effective date of the
CCR rule: (1) [INSERT DATE 180 DAYS AFTER THE DATE OF PUBLICATION IN
THE Federal Register]; and (2) [INSERT DATE SIX MONTHS AFTER THE DATE
OF PUBLICATION IN THE Federal Register]. These ``instructions''
provided direction to the OFR for computing and inserting a specified
date, in this case, the effective date of the rule.
    On April 17, 2015, the CCR rule was published in the Federal
Register (80 FR 21302). After publication, the EPA discovered that the
two ``instructions'' used to calculate the effective date had resulted
in the computing and inserting of two different effective dates, rather
than single effective date established under RCRA 4004(c). The first
``instruction'' used in the CCR rule for the effective date exactly
mirrored the statutory language, i.e., [INSERT DATE 6 MONTHS AFTER DATE
OF PUBLICATION IN THE Federal Register], which resulted in a date of
October 19, 2015. By contrast, the second ``instruction,'' paraphrased
the statute, i.e., [INSERT DATE 180 DAYS AFTER THE DATE OF PUBLICATION
IN THE Federal Register], which resulted in a date of October 14, 2015.
In order to correct this error, the EPA is issuing this final rule to
revise the CFR so that it accurately reflects the existing effective
date for the CCR rule established by RCRA section 4004 (c), i.e.,
October 19, 2015, which is consistent with the ``instruction'' of:
[INSERT DATE SIX MONTHS AFTER THE DATE OF PUBLICATION IN THE Federal
Register].
    In addition at Sec.  257.83(b)(3) and Sec.  257.84(b)(3)(i)
(Inspection requirements for CCR surface impoundments and CCR landfills
respectively) the instructions for calculating and inserting dates in
these two sections of the CCR rule were: [INSERT DATE NINE MONTHS AFTER
THE DATE OF PUBLICATION IN THE Federal Register]. After publication,
the EPA discovered that the computed and inserted date for these
provisions was January 18, 2016, which is a Federal holiday. According
to 1 CFR 18.07(b) ``where the final count would fall on a Saturday,
Sunday, or holiday, the date certain will be the next succeeding
Federal business day when a date falls on a weekend or a Federal
holiday, the [Office of Federal Register] uses the next Federal
business day.'' To be consistent with 1 CFR 18.07(b), that date needs
to be revised to the next Federal business day, or January 19, 2016.
Based on the rule published in the Federal Register, the CFR
inaccurately reflects the current date by which facilities must be in
compliance with these requirements.
    In order to aid the public, the following table identifies those
sections of the rule which contained particular dates that the EPA is
correcting in this action, as well as those sections where no
correction is needed. The first column of the following table
identifies those sections of the CCR rule where the date of October 14,
2015 was inserted. These sections of the rule are being corrected in
this final rule to establish the correct date of October 19, 2015. The
second column of the table identifies those rule provisions where the
date of January 18, 2016, a Federal holiday, was inserted. These
sections of the rule are being corrected to establish the correct date
of January 19, 2016. The third column of the table identifies those
sections of the regulatory text where the correct effective date of
October 19, 2015 was inserted. These sections will not be changed.

------------------------------------------------------------------------
   Rule provisions with an    Rule provisions with  Rule provisions with
 October 14, 2015 effective     a date of January    the correct October
date that will be changed to   18, 2016 that will    19, 2015 effective
      October 19, 2015            be changed to             date
-----------------------------   January 19, 2016   ---------------------
                             ----------------------
       Regulatory cite           Regulatory cite       Regulatory cite
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Sec.   257.53 (Definitions)   Sec.   257.83(b)(3)   Sec.   257.50(d) and
 ``active facility'' or        (Inspection           (e) (Scope and
 ``active electric utilities   requirements for      purpose).
 or independent power          CCR surface
 producers'' ``existing CCR    impoundments).
 landfill'' ``existing CCR
 surface impoundment''
 ``inactive CCR surface
 impoundment'' ``lateral
 expansion'' ``new CCR
 landfill'' ``new CCR
 surface impoundment''.
                              Sec.                  Sec.   257.51
                               257.84(b)(3)(i)       (Effective date of
                               (Inspection           this subpart).
                               requirements for
                               CCR landfills).
                                                    Sec.   257.80(b)(5)
                                                     (Air criteria).
                                                    Sec.   257.83(a)(2)
                                                     (Inspection
                                                     requirements for
                                                     CCR surface
                                                     impoundments).
                                                    Sec.   257.84(a)(2)
                                                     (Inspection
                                                     requirements for
                                                     CCR landfills).
                                                    Sec.   257.91(d)(2)
                                                     (Multiunit
                                                     groundwater
                                                     monitoring
                                                     systems).
                                                    Sec.   257.101(a)(1)
                                                     (Closure of unlined
                                                     impoundments).
------------------------------------------------------------------------

    In addition to the inconsistencies in the regulatory text, the
preamble to the final CCR rule also contained several incorrect
effective dates: (1) 80 FR 21302: The DATES section in the preamble
states that the effective date of the rule is October 14, 2015 (180
days from the publication date) instead of the correct date of October
19, 2015; and (2) 80 FR 21467: EPA included a sentence in the
Congressional Review Act Executive Order stating that the CCR

rule ``will be effective 180 days after publication in the Federal
Register'' which equates to October 14, 2015, instead of stating that
the CCR rule ``will be effective six months after publication in the
Federal Register'' which equates to October 19, 2015. While the Agency
is not correcting the CCR rule preamble language, it is presenting
these additional inconsistencies to provide the reader with a complete
accounting of the error.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.

B. Paperwork Reduction Act (PRA)

    This action is not a significant regulatory action and does not
impose an information collection burden under the PRA. The changes made
to the regulations as a result of this action impose no new or
different reporting requirements on regulated parties.

C. Regulatory Flexibility Act

    This action does not modify existing legal requirements applicable
to any entity. As such, I certify that this action will not have a
significant economic impact on a substantial number of small entities
under the RFA. In making this determination, the impact of concern is
any significant adverse economic impact on small entities. An agency
may certify that a rule will not have a significant economic impact on
a substantial number of small entities if the rule relieves regulatory
burden, has no net burden or otherwise has a positive economic effect
on the small entities subject to the rule. This action corrects a
typographical error that resulted in the calculation of an incorrect
effective date in some sections of the regulation. This action merely
corrects that error so that the CFR will reflect the existing effective
date for the CCR rule of October 19, 2015, established by section 4004
(c) of RCRA. This action also corrects the dates in two provisions of
the CCR rule, which, as published, fall on a Federal holiday. This
action corrects the error and revises the CFR to reflect that,
consistent with 1 CFR 18.07(b), the correct the date for these two
provisions is the next Federal business day after the holiday or
January 19, 2016. The impacts on small businesses were already
addressed in the rule promulgated on April 17, 2015 (80 FR 21302); and
this rule will not impose any requirements on small entities beyond
those that have previously been analyzed. We have therefore concluded
that this action will have no net regulatory burden for small entities.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action implements mandates specifically and
explicitly set forth in the Resource Conservation and Recovery Act
without the exercise of any policy discretion by the EPA.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications, as specified in
Executive Order 13175. This action merely corrects typographical errors
that resulted in the calculation of an incorrect effective date in some
sections of the CCR rule. Thus Executive Order 13175 does not apply to
this action.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    The EPA interprets E.O. 13045 as applying only to those regulatory
actions that concern environmental health or safety risks that the EPA
has reason to believe may disproportionately affect children, per the
definition of ``covered regulatory action'' in section 2-202 of the
Executive Order. This action is not subject to Executive Order 13045
because does not establish an environmental standard intended to
mitigate health or safety risks. This action merely corrects
typographical errors that resulted in the calculation of incorrect
effective dates in some sections of the CFR.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 because it is
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    This rule merely corrects errors in dates and does not concern an
environmental health or safety risk. Therefore, Executive Order 12898
does not apply.

K. Congressional Review Act

    This action is subject to the CRA, and the EPA will submit a rule
report to each House of Congress and to the Comptroller General of the
United States. This action is not a ``major rule'' as defined by U.S.C.
804(2).

List of Subjects in 40 CFR Part 257

    Environmental protection, Beneficial use, Coal combustion products,
Coal combustion residuals, Coal combustion waste, Disposal, Hazardous
waste, Landfill, Surface impoundment.

    Dated: June 16, 2015.
Mathy Stanislaus,
Assistant Administrator, Office of Solid Waste and Emergency Response.
    For the reasons set out in the preamble, title 40, chapter I, of
the Code of Federal Regulations is amended as follows:

PART 257--CRITERIA FOR CLASSIFICATION OF SOLID WASTE DISPOSAL
FACILITIES AND PRACTICES

0
1. The authority citation for part 257 continues to read as follows:

    Authority:  42 U.S.C. 6907(a)(3), 6912(a)(1), 6944(a); 33 U.S.C.
1345(d) and (e).

0
2. Section 257.53 is amended by revising the definitions of ``Active
facility or active electric utilities or independent power producers'',
``Existing CCR landfill'', ``Existing CCR surface impoundment'',
``Inactive CCR surface impoundment'', ``Lateral expansion'', ``New CCR
landfill'', and ``New CCR surface impoundment'' to read as follows:

Sec.  257.53  Definitions.

* * * * *
    Active facility or active electric utilities or independent power
producers means any facility subject to the requirements of this
subpart that is in operation on October 19, 2015. An electric utility
or independent power producer is in operation if it is generating
electricity that is provided to electric power transmission systems or
to electric power distribution systems on or after October 19, 2015. An
off-site disposal facility is in operation if it is accepting or
managing CCR on or after October 19, 2015.
* * * * *
    Existing CCR landfill means a CCR landfill that receives CCR both
before and after October 19, 2015, or for which construction commenced
prior to October 19, 2015 and receives CCR on or after October 19,
2015. A CCR landfill has commenced construction if the owner or
operator has obtained the federal, state, and local approvals or
permits necessary to begin physical construction and a continuous on-
site, physical construction program had begun prior to October 19,
2015.
    Existing CCR surface impoundment means a CCR surface impoundment
that receives CCR both before and after October 19, 2015, or for which
construction commenced prior to October 19, 2015 and receives CCR on or
after October 19, 2015. A CCR surface impoundment has commenced
construction if the owner or operator has obtained the federal, state,
and local approvals or permits necessary to begin physical construction
and a continuous on-site, physical construction program had begun prior
to October 19, 2015.
* * * * *
    Inactive CCR surface impoundment means a CCR surface impoundment
that no longer receives CCR on or after October 19, 2015 and still
contains both CCR and liquids on or after October 19, 2015.
* * * * *
    Lateral expansion means a horizontal expansion of the waste
boundaries of an existing CCR landfill or existing CCR surface
impoundment made after October 19, 2015.
* * * * *
    New CCR landfill means a CCR landfill or lateral expansion of a CCR
landfill that first receives CCR or commences construction after
October 19, 2015. A new CCR landfill has commenced construction if the
owner or operator has obtained the federal, state, and local approvals
or permits necessary to begin physical construction and a continuous
on-site, physical construction program had begun after October 19,
2015. Overfills are also considered new CCR landfills.
    New CCR surface impoundment means a CCR surface impoundment or
lateral expansion of an existing or new CCR surface impoundment that
first receives CCR or commences construction after October 19, 2015. A
new CCR surface impoundment has commenced construction if the owner or
operator has obtained the federal, state, and local approvals or
permits necessary to begin physical construction and a continuous on-
site, physical construction program had begun after October 19, 2015.
* * * * *
0
3. Section 257.83 is amended by revising paragraph (b)(3)(i) to read as
follows:

Sec.  257.83  Inspection requirements for CCR surface impoundments.

* * * * *
    (b) * * *
    (3) * * * (i) Existing CCR surface impoundments. The owner or
operator of the CCR unit must complete the initial inspection required
by paragraphs (b)(1) and (2) of this section no later than January 19,
2016.
* * * * *

0
4. Section 257.84 is amended by revising paragraph (b)(3)(i) to read as
follows:

Sec.  257.84  Inspection requirements for CCR landfills.

* * * * *
    (b) * * *
    (3) * * * (i) Existing CCR landfills. The owner or operator of the
CCR unit must complete the initial inspection required by paragraphs
(b)(1) and (2) of this section no later than January 19, 2016.
* * * * *

[FR Doc. 2015-15913 Filed 7-1-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 223 (Thursday, November 19, 2015)]
[Notices]
[Pages 72431-72432]
[FR Doc No: 2015-29512]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP14-347-000 CP14-511-000]

Magnolia LNG, LLC, Kinder Morgan Louisiana Pipeline LLC; Notice
of Availability of The Final Environmental Impact Statement for the
Proposed Magnolia LNG and Lake Charles Expansion Projects

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) has prepared a final environmental impact statement (EIS)
for the Magnolia LNG Project proposed by Magnolia LNG, LLC (Magnolia)
and the Lake Charles Expansion Project proposed by Kinder Morgan
Louisiana Pipeline LLC (Kinder Morgan) in the above-referenced dockets.
The Magnolia LNG Project would include construction and operation of a
liquefied natural gas (LNG) terminal that would include various
liquefaction, LNG distribution, and appurtenant facilities. The Lake

Charles Expansion Project would include reconfiguration of Kinder
Morgan's existing pipeline system in order to accommodate Magnolia's
request for natural gas service at the LNG terminal site. The projects
would provide an LNG export capacity of 1.08 billion cubic feet per day
of natural gas.
    The final EIS assesses the potential environmental effects of
construction and operation of the Magnolia LNG and Lake Charles
Expansion Projects in accordance with the requirements of the National
Environmental Policy Act (NEPA). The FERC staff concludes that approval
of the proposed projects would result in adverse environmental impacts;
however, these impacts would be reduced to less-than-significant levels
with the implementation of Magnolia's and Kinder Morgan's proposed
mitigation and the additional measures recommended in the final EIS.
    The U.S. Army Corps of Engineers, U.S. Coast Guard, U.S. Department
of Energy, U.S. Department of Transportation, and U.S. Environmental
Protection Agency participated as cooperating agencies in the
preparation of the final EIS. Cooperating agencies have jurisdiction by
law or special expertise with respect to resources potentially affected
by a proposal and participate in the NEPA analysis. Although the
cooperating agencies provided input on the conclusions and
recommendations presented in the final EIS, the agencies will present
their own conclusions and recommendations in their respective records
of decision or determinations for the projects.
    The final EIS addresses the potential environmental effects of the
construction, modification, and operation of the following facilities
associated with the two projects:
     A new LNG terminal that includes four liquefaction trains,
two LNG storage tanks, liquefaction and refrigerant units, safety and
control systems, and associated infrastructure;
     LNG truck loading facilities;
     LNG carrier and barge loading facilities;
     one new meter station;
     one new 32,000 horsepower compressor station;
     approximately 40 feet of 36-inch-diameter feed gas line to
supply natural gas to the LNG terminal from Kinder Morgan's existing
natural gas transmission pipeline;
     a new 1.2-mile-long, 36-inch-diameter low pressure natural
gas header pipeline;
     a new 700-foot-long, 24-inch-diameter high pressure
natural gas header pipeline;
     modifications at six existing meter stations; and
     construction of miscellaneous auxiliary and appurtenant
facilities.
    The FERC staff mailed copies of the final EIS to federal, state,
and local government representatives and agencies; elected officials;
environmental and public interest groups; Native American tribes;
potentially affected landowners; other interested individuals and non-
governmental organizations; newspapers and libraries in the project
areas; and parties to these proceedings. Paper copy versions of this
EIS were mailed to those specifically requesting them; all others
received a compact disk version. In addition, the final EIS is
available for public viewing on the FERC's Web site (www.ferc.gov)
using the eLibrary link. A limited number of hardcopies are available
for distribution and public inspection at: Federal Energy Regulatory
Commission, Public Reference Room, 888 First Street NE., Room 2A,
Washington, DC 20426,<PHONE_NUMBER>.
    Additional information about the projects is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC Web site (www.ferc.gov) using the eLibrary link. Click on the
eLibrary link, click on ``General Search,'' and enter the docket
number(s) excluding the last three digits in the Docket Number field
(i.e., CP14-347 and CP14-511). Be sure you have selected an appropriate
date range. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>; for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription that allows you to keep track of all formal issuances and
submittals in specific dockets. This can reduce the amount of time you
spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to www.ferc.gov/docs-filing/esubscription.asp.

    Dated: November 13, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-29512 Filed 11-18-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 210 (Thursday, October 29, 2020)]
[Notices]
[Pages 68589-68592]
[FR Doc No: 2020-23973]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2020-0002]

Changes in Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: New or modified Base (1-percent annual chance) Flood
Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA)
boundaries or zone designations, and/or regulatory floodways
(hereinafter referred to as flood hazard determinations) as shown on
the indicated Letter of Map Revision (LOMR) for each of the communities
listed in the table below are finalized. Each LOMR revises the Flood
Insurance Rate Maps (FIRMs), and in some cases the Flood Insurance
Study (FIS) reports, currently in effect for the listed communities.
The flood hazard determinations modified by each LOMR will be used to
calculate flood insurance premium rates for new buildings and their
contents.

DATES: Each LOMR was finalized as in the table below.

ADDRESSES: Each LOMR is available for inspection at both the respective
Community Map Repository address listed in the table below and online
through the FEMA Map Service Center at https://msc.fema.gov.

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
<EMAIL_ADDRESS>or visit the FEMA Mapping and Insurance
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final flood hazard determinations as shown in the
LOMRs for each community listed in the table below. Notice of these
modified flood hazard determinations has been published in newspapers
of local circulation and 90 days have elapsed since that publication.
The Deputy Associate Administrator for Insurance and Mitigation has
resolved any appeals resulting from this notification.
    The modified flood hazard determinations are made pursuant to
section 206 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4105, and are in accordance with the National Flood Insurance Act of
1968, 42 U.S.C. 4001 et seq., and with 44 CFR part 65.
    For rating purposes, the currently effective community number is
shown and must be used for all new policies and renewals.
    The new or modified flood hazard information is the basis for the
floodplain management measures that the community is required either to
adopt or to show evidence of being already in effect in order to remain
qualified for participation in the National Flood Insurance Program
(NFIP).
    This new or modified flood hazard information, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities.
    This new or modified flood hazard determinations are used to meet
the floodplain management requirements of the NFIP and are used to
calculate the appropriate flood insurance premium rates for new
buildings, and for the contents in those buildings. The changes in
flood hazard determinations are in accordance with 44 CFR 65.4.
    Interested lessees and owners of real property are encouraged to
review the final flood hazard information available at the address
cited below for each community or online through the FEMA Map Service
Center at https://msc.fema.gov.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Michael M. Grimm,
Assistant Administrator for Risk Management, Department of Homeland
Security, Federal Emergency Management Agency.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                        Location and case       Chief executive officer of                                                                    Community
  State and county             No.                       community                   Community map repository        Date of  modification       No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alabama:
    Baldwin (FEMA     Town of Loxley (19-   The Honorable Billy Middleton,      Building Department, 1089 South     Sep. 28, 2020..........       010009
     Docket No.: B-    04-6434P).            Mayor, Town of Loxley, P.O. Box     Hickory Lane, Loxley, AL 36551.
     2059).                                  9, Loxley, AL 36551.
    Madison (FEMA     City of Madison (19-  The Honorable Paul Finley, Mayor,   Engineering Department, 100 Hughes  Oct. 5, 2020...........       010308
     Docket No.: B-    04-6821P).            City of Madison, 100 Hughes Road,   Road, Madison, AL 35758.
     2044)                                   Madison, AL 35758.
    Madison (FEMA     Unincorporated areas  The Honorable Dale W. Strong,       Madison County Public Works         Oct. 5, 2020...........       010151
     Docket No.: B-    of Madison County     Chairman, Madison County            Department, 266-C Shields Road,
     2044).            (19-04-6821P).        Commission, 100 North Side          Huntsville, AL 35811.
                                             Square, Huntsville, AL 35801.
    St. Clair (FEMA   City of Springville   The Honorable Butch Isley, Mayor,   City Hall, 6327 U.S. Highway 11,    Sep. 25, 2020..........       010289
     Docket No.: B-    (19-04-5233P).        City of Springville, P.O. Box       Springville, AL 35146.
     2059).                                  919, Springville, AL 35146.
Colorado:
    Arapahoe (FEMA    City of Aurora (19-   The Honorable Mike Coffman, Mayor,  Public Works Department, 15151      Oct. 2, 2020...........       080002
     Docket No.: B-    08-0731P).            City of Aurora, 15151 East          East Alameda Parkway, Aurora, CO
     2040).                                  Alameda Parkway, Aurora, CO         80012.
                                             80012.
    Arapahoe (FEMA    City of Aurora (20-   The Honorable Mike Coffman, Mayor,  Public Works Department, 15151      Oct. 9, 2020...........       080002
     Docket No.: B-    08-0058P).            City of Aurora, 15151 East          East Alameda Parkway, Aurora, CO
     2042).                                  Alameda Parkway, Aurora, CO         80012.
                                             80012.
    Arapahoe (FEMA    City and County of    The Honorable Michael B. Hancock,   Department of Public Works, 201     Oct. 2, 2020...........       080046
     Docket No.: B-    Denver (19-08-        Mayor, City and County of Denver,   West Colfax Avenue, Denver, CO
     2040).            0731P).               1437 North Bannock Street, Room     80202.
                                             350, Denver, CO 80202.
    Arapahoe (FEMA    Unincorporated areas  The Honorable Nancy N. Sharpe,      Arapahoe County Public Works and    Oct. 9, 2020...........       080011
     Docket No.: B-    of Arapahoe County    Chair, Arapahoe County, Board of    Development Department, 6924
     2042).            (20-08-0058P).        Commissioners, 5334 South Prince    South Lima Street, Centennial, CO
                                             Street, Littleton, CO 80120.        80112.
    Jefferson (FEMA   City of Arvada (19-   The Honorable Marc Williams,        Engineering Department, 8101        Oct. 9, 2020...........       085072
     Docket No.: B-    08-0970P).            Mayor, City of Arvada, 8101         Ralston Road, Arvada, CO 80002.
     2043).                                  Ralston Road, Arvada, CO 80002.
    Jefferson (FEMA   Unincorporated areas  The Honorable Lesley Dahlkemper,    Jefferson County Department of      Oct. 9, 2020...........       080087
     Docket No.: B-    of Jefferson County   Chairman, Jefferson County, Board   Planning and Zoning, 100
     2043).            (19-08-0970P).        of Commissioners, 100 Jefferson     Jefferson County Parkway, Suite
                                             County Parkway, Suite 5550,         3550, Golden, CO 80419.
                                             Golden, CO 80419.
    Jefferson (FEMA   Unincorporated areas  The Honorable Lesley Dahlkemper,    Jefferson County Department of      Oct. 9, 2020...........       080087
     Docket No.: B-    of Jefferson County   Chairman, Jefferson County Board    Planning and Zoning, 100
     2042).            (20-08-0630P).        of Commissioners, 100 Jefferson     Jefferson County Parkway, Suite
                                             County Parkway, Suite 5550,         3550, Golden, CO 80419.
                                             Golden, CO 80419.
Connecticut:
    Fairfield (FEMA   Town of Darien (20-   The Honorable Jayme J. Stevenson,   Planning and Zoning Department, 2   Oct. 2, 2020...........       090005
     Docket No.: B-    01-0946P).            First Selectman, Town of Darien     Renshaw Road, Darien, CT 06820.
     2044).                                  Board of Selectmen, 2 Renshaw
                                             Road, Room 202, Darien, CT 06820.
    Fairfield (FEMA   Town of Westport (20- The Honorable James Marpe, First    Planning and Zoning Department,     Oct. 5, 2020...........       090019
     Docket No.: B-    01-0945P).            Selectman, Town of Westport Board   110 Myrtle Avenue, Room 203,
     2044).                                  of Selectmen, 110 Myrtle Avenue,    Westport, CT 06880.
                                             Westport, CT 06880.
Florida:
    Indian River      Unincorporated areas  The Honorable Susan Adams, Chair,   Indian River County Community       Oct. 9, 2020...........       120119
     (FEMA Docket      of Indian River       Indian River County Board of        Development Department, 1801 27th
     No.: B-2044).     County (19-04-        Commissioners, 1801 27th Street,    Street, Vero Beach, FL 32960.
                       6224P).               Vero Beach, FL 32960.
    Lee (FEMA Docket  City of Sanibel (20-  The Honorable Kevin Ruane, Mayor,   Community Services Department, 800  Sep. 29, 2020..........       120402
     No.: B-2040).     04-3626P).            City of Sanibel, 800 Dunlop Road,   Dunlop Road, Sanibel, FL 33957.
                                             Sanibel, FL 33957.
    Monroe (FEMA      Unincorporated areas  The Honorable Heather Carruthers,   Monroe County Building Department,  Oct. 5, 2020...........       125129
     Docket No.: B-    of Monroe County      Mayor, Monroe County Board of       2798 Overseas Highway, Suite 300,
     2042).            (20-04-2206P).        Commissioners, 500 Whitehead        Marathon, FL 33050.
                                             Street, Suite 102, Key West, FL
                                             33040.
    Monroe (FEMA      Unincorporated areas  The Honorable Heather Carruthers,   Monroe County Building Department,  Oct. 5, 2020...........       125129
     Docket No.: B-    of Monroe County      Mayor, Monroe County Board of       2798 Overseas Highway, Suite 300,
     2042).            (20-04-3627P).        Commissioners, 500 Whitehead        Marathon, FL 33050.
                                             Street, Suite 102, Key West, FL
                                             33040.
    Monroe (FEMA      Unincorporated areas  The Honorable Heather Carruthers,   Monroe County Building Department,  Oct. 5, 2020...........       125129
     Docket No.: B-    of Monroe County      Mayor, Monroe County Board of       2798 Overseas Highway, Suite 300,
     2042).            (20-04-3628P).        Commissioners, 500 Whitehead        Marathon, FL 33050.
                                             Street, Suite 102, Key West, FL
                                             33040.
    Monroe (FEMA      Unincorporated areas  The Honorable Heather Carruthers,   Monroe County Building Department,  Oct. 1, 2020...........       125129
     Docket No.: B-    of Monroe County      Mayor, Monroe County Board of       2798 Overseas Highway, Suite 300,
     2042).            (20-04-3629P).        Commissioners, 500 Whitehead        Marathon, FL 33050.
                                             Street, Suite 102, Key West, FL
                                             33040.
    Sarasota (FEMA    Town of Longboat Key  Mr. Tom Harmer, Manager, Town of    Planning, Zoning and Building       Sep. 28, 2020..........       125126
     Docket No.: B-    (20-04-1892P).        Longboat Key, 501 Bay Isles Road,   Department 600 General Harris
     2043).                                  Longboat Key, FL 34228.             Street, Longboat Key, FL 34228.

    Sarasota (FEMA    Unincorporated areas  The Honorable Charles D. Hines,     Sarasota County Planning and        Sep. 30, 2020..........       125144
     Docket No.: B-    of Sarasota County    Chairman, Sarasota County Board     Development Services Department,
     2043).            (20-04-1846P).        of Commissioners, 1660 Ringling     1001 Sarasota Center Boulevard,
                                             Boulevard, Sarasota, FL 34236.      Sarasota, FL 34240.
    Massachusetts:    City of Taunton (20-  The Honorable Shaunna O'Connell,    Engineering Department, 90 Ingell   Oct. 5, 2020...........       250066
     Bristol (FEMA     01-0947P).            Mayor, City of Taunton, 141 Oak     Street, Taunton, MA 02780.
     Docket No.: B-                          Street, Taunton, MA 02780.
     2044).
North Carolina:
    Buncombe (FEMA    Unincorporated areas  The Honorable Brownie Newman,       Buncombe County Planning            Oct. 8, 2020...........       370031
     Docket No.: B-    of Buncombe County    Chairman, Buncombe County Board     Department, 46 Valley Street,
     2044).            (20-04-3616P).        of Commissioners, 200 College       Asheville, NC 28801.
                                             Street, Suite 300, Asheville, NC
                                             28801.
    Wake (FEMA        Town of Wake Forest   The Honorable Vivian A. Jones,      Engineering Department, 234         Oct. 2, 2020...........       370244
     Docket No.: B-    (20-04-3617P).        Mayor, Town of Wake Forest, 301     Friendship Chapel Road, Wake
     2042).                                  South Brooks Street, Wake Forest,   Forest, NC 27587.
                                             NC 27587.
    Wayne (FEMA       City of Goldsboro     The Honorable Chuck Allen, Mayor,   City Hall, 200 North Center         Oct. 9, 2020...........       370255
     Docket No.: B-    (20-04-0269P).        City of Goldsboro, 200 North        Street, Goldsboro, NC 27530.
     2049).                                  Center Street, Goldsboro, NC
                                             27530.
    Wayne (FEMA       Unincorporated areas  The Honorable E. Ray Mayo,          Wayne County Planning Department,   Oct. 9, 2020...........       370254
     Docket No.: B-    of Wayne County (20-  Chairman, Wayne County Board of     134 North John Street, 3rd Floor,
     2049).            04-0269P).            Commissioners, 224 East Walnut      Goldsboro, NC 27530.
                                             Street, Goldsboro, NC 27530.
Pennsylvania:
    Allegheny (FEMA   Municipality of Mt.   Mr. Keith McGill, Manager,          Inspection Department, 710          Oct. 8, 2020...........       421272
     Docket No.: B-    Lebanon (20-03-       Municipality of Mt. Lebanon, 710    Washington Road, Pittsburgh, PA
     2044).            1146P).               Washington Road, Pittsburgh, PA     15228.
                                             15228.
    Washington (FEMA  Township of Union     The Honorable Heather Daerr,        Township Hall, 3904 Finleyville-    Oct. 8, 2020...........       420860
     Docket No.: B-    (20-03-1148P).        Chair, Township of Union Board of   Elrama Road, Finleyville, PA
     2043).                                  Supervisors, 3904 Finleyville-      15332.
                                             Elrama Road, Finleyville, PA
                                             15332.
    York (FEMA        Borough of Hanover    The Honorable William W. Reichart   Borough Hall, 44 Frederick Street,  Oct. 5, 2020...........       422212
     Docket No.: B-    (20[dash]03[dash]11   II, President, Borough of Hanover   Hanover, PA 17331.
     2044).            45P).                 Council, 44 Frederick Street,
                                             Hanover, PA 17331.
    York (FEMA        Township of Penn      The Honorable Justin J. Heiland,    Zoning Department, 20 Wayne         Oct. 5, 2020...........       421025
     Docket No.: B-    (20[dash]03[dash]11   President, Township of Penn Board   Avenue, Hanover, PA 17331.
     2044).            45P).                 of Commissioners, 20 Wayne
                                             Avenue, Hanover, PA 17331.
South Carolina:       City of Isle of       The Honorable Jimmy Carroll,        Building and Planning Department,   Sep. 28, 2020..........       455416
 Charleston (FEMA      Palms (20-04-         Mayor, City of Isle of Palms,       1207 Palm Boulevard, Isle of
 Docket No.: B-        2088P).               1207 Palm Boulevard, Isle of        Palms, SC 29451.
 2040).                                      Palms, SC 29451.
South Dakota:         City of Harrisburg    The Honorable Julie Burke[dash]Van  City Hall, 301 East Willow Street,  Oct. 2, 2020...........       460114
 Lincoln (FEMA         (20[dash]08[dash]00   Luvanee, Mayor, City of             Harrisburg, SD 57032.57.
 Docket No.: B-        17P).                 Harrisburg, 301 East Willow
 2044).                                      Street, Harrisburg, SD 57032.
    Pennington (FEMA  City of Rapid City    The Honorable Steve Allender,       Public Works Department,            Oct. 5, 2020...........       465420
     Docket No.: B-    (19[dash]08[dash]08   Mayor, City of Rapid City, 300      Engineering Services Division,
     2044).            57P).                 6th Street, Rapid City, SD 57701.   300 6th Street, Rapid City, SD
                                                                                57701.
Texas:
    Chambers (FEMA    City of Cove (19-06-  The Honorable Leroy Stevens,        Chambers County Road and Bridge     Oct. 2, 2020...........       481510
     Docket No.: B-    3771P).               Mayor, City of Cove, 7911 Cove      Department, 201 Airport Road,
     2040).                                  Loop Road, Cove, TX 77523.          Anahuac, TX 77514.
    Chambers (FEMA    City of Mont Belvieu  The Honorable Nick Dixon, Mayor,    City Hall, 11607 Eagle Drive, Mont  Oct. 2, 2020...........       480122
     Docket No.: B-    (19-06-3771P).        City of Mont Belvieu, P.O. Box      Belvieu, TX 77580.
     2040).                                  1048, Mont Belvieu, TX 77580.
    Chambers (FEMA    Unincorporated areas  The Honorable Jimmy Sylvia,         Chambers County Road and Bridge     Oct. 2, 2020...........       480119
     Docket No.: B-    of Chambers County    Chambers County Judge, P.O. Box     Department, 201 Airport Road,
     2040).            (19-06-3771P).        939, Anahuac, TX 77514.             Anahuac, TX 77514.
    Collin (FEMA      City of Frisco (20-   The Honorable Jeff Cheney, Mayor,   Engineering Services Department,    Sep. 28, 2020..........       480134
     Docket No.: B-    06-0590P).            City of Frisco, 6101 Frisco         6101 Frisco Square Boulevard,
     2042).                                  Square Boulevard, Frisco, TX        Frisco, TX 75034.
                                             75034.
    Comal (FEMA       City of New           The Honorable Barron Casteel,       City Hall, 550 Landa Street, New    Sep. 30, 2020..........       485493
     Docket No.: B-    Braunfels (20-06-     Mayor, City of New Braunfels, 550   Braunfels, TX 78130.
     2040).            1144P).               Landa Street, New Braunfels, TX
                                             78130.
    Comal (FEMA       City of New           The Honorable Barron Casteel,       City Hall, 550 Landa Street, New    Oct. 5, 2020...........       485493
     Docket No.: B-    Braunfels (20-06-     Mayor, City of New Braunfels, 550   Braunfels, TX 78130.
     2042).            2307P).               Landa Street, New Braunfels, TX
                                             78130.
    Comal (FEMA       Unincorporated areas  The Honorable Sherman Krause,       Comal County Engineering            Oct. 5, 2020...........       485463
     Docket No.: B-    of Comal County (20-  Comal County Judge, 100 Main        Department, 195 David Jonas
     2042).            06-2307P).            Plaza, New Braunfels, TX 78130.     Drive, New Braunfels, TX 78132.
    Dallas (FEMA      City of Carrollton    Ms. Erin Rinehart, Manager, City    Engineering Department, 1945 East   Sep. 28, 2020..........       480167
     Docket No.: B-    (19-06-3556P).        of Carrollton, 1945 East Jackson    Jackson Road, Carrollton, TX
     2040).                                  Road, Carrollton, TX 75006.         75006.
    Denton (FEMA      City of Denton (20-   The Honorable Chris Watts, Mayor,   Engineering Department, 901-A       Oct. 8, 2020...........       480194
     Docket No.: B-    06-2308P).            City of Denton, 215 East McKinney   Texas Street, Denton, TX 76209.
     2043).                                  Street, Denton, TX 76201.

    Denton (FEMA      Town of Argyle (19-   The Honorable Donald Moser, Mayor,  Town Hall, 308 Denton Street,       Oct. 9, 2020...........       480775
     Docket No.: B-    06-2972P).            Town of Argyle, P.O. Box 609,       Argyle, TX 76226.
     2043).                                  Argyle, TX 76226.
    Denton (FEMA      Unincorporated areas  The Honorable Andy Eads, Denton     Denton County Public Works--        Oct. 8, 2020...........       480774
     Docket No.: B-    of Denton County      County Judge, 110 West Hickory      Engineering Department, 1505 East
     2043).            (20-06-2308P).        Street, 2nd Floor, Denton, TX       McKinney Street, Suite 175,
                                             76201.                              Denton, TX 76209.
    Ellis (FEMA       City of Ennis (20-06- The Honorable Angeline Juenemann,   Inspection Services Department,     Oct. 5, 2020...........       480207
     Docket No.: B-    2306P).               Mayor, City of Ennis, P.O. Box      108 West Knox Street, Ennis, TX
     2040).                                  220, Ennis, TX 75120.               75119.
    Ellis (FEMA       Unincorporated areas  The Honorable Todd Little, Ellis    Ellis County Engineering            Oct. 5, 2020...........       480798
     Docket No.: B-    of Ellis County (20-  County Judge, 101 West Main         Department, 109 South Jackson
     2040).            06-2306P).            Street, Waxahachie, TX 75165.       Street, Waxahachie, TX 75165.
    Guadalupe (FEMA   City of Cibolo (20-   The Honorable Stosh Boyle, Mayor,   City Hall, 200 South Main Street,   Oct. 8, 2020...........       480267
     Docket No.: B-    06-2304P).            City of Cibolo, P.O. Box 826,       Cibolo, TX 78108.
     2042).                                  Cibolo, TX 78108.
    Parker (FEMA      City of Willow Park   The Honorable Doyle Moss, Mayor,    City Hall, 516 Ranch House Road,    Oct. 7, 2020...........       481164
     Docket No.: B-    (20-06-0011P).        City of Willow Park, 516 Ranch      Willow Park, TX 76087.
     2042).                                  House Road, Willow Park, TX
                                             76087.
    Tarrant (FEMA     City of Grapevine     The Honorable William D. Tate,      City Hall, 200 South Main Street,   Sep. 28, 2020..........       480598
     Docket No.: B-    (19-06-3994P).        Mayor, City of Grapevine, P.O.      Grapevine, TX 76051.
     2040).                                  Box 95104, Grapevine, TX 76099.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2020-23973 Filed 10-28-20; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 76, Number 122 (Friday, June 24, 2011)]
[Notices]
[Pages 37167-37168]
[FR Doc No: 2011-15921]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0163]

Agency Information Collection Activities; Request for Comments on
a New Information Collection: Evaluating the Safety Benefits of an On-
Board Monitoring System in Commercial Vehicle Operations: Independent
Evaluation and Data Analysis

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

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA
announces its plan to submit the Information Collection Request (ICR)
described below to the Office of Management and Budget (OMB) for review
and approval. The purpose of this information collection is to assess
Commercial Motor Vehicle (CMV) drivers' expectations, attitudes and
acceptance of an on-board monitoring system (OBMS), as a part of a
Field Operational Test (FOT) study. On March 29, 2011 FMCSA published a
Federal Register notice allowing for a 60-day comment period on the
ICR. One comment was received.

DATES: Please send your comments by July 25, 2011. OMB must receive
your comments by this date in order to act quickly on the ICR.

ADDRESSES: All comments should reference Federal Docket Management
System (FDMS) Docket Number FMCSA-2011-0163. Interested persons are
invited to submit written comments on the proposed information
collection to the Office of Information and Regulatory Affairs, Office
of Management and Budget. Comments should be addressed to the attention
of the Desk Officer, Department of Transportation/Federal Motor Carrier
Safety Administration, and sent via electronic mail to<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>, or mailed to the
Office of Information and Regulatory Affairs, Office of Management and
Budget, Docket Library, Room 10102, 725 17th Street, NW., Washington,
DC 20503.

FOR FURTHER INFORMATION CONTACT: Olu Ajayi, Research Division,
Department of Transportation, Federal Motor Carrier Safety
Administration, West Building 6th Floor, 1200 New Jersey Avenue, SE.,
Washington, DC 20590. Telephone:<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Office hours are from 9 a.m. to 5 p.m., Monday
through Friday, except Federal Holidays.

SUPPLEMENTARY INFORMATION:
    Title: Evaluating the Safety Benefits of an On-Board Monitoring
System in Commercial Vehicle Operations: Independent Evaluation and
Data Analysis.
    OMB Control Number: 2126-XXXX.
    Type of Request: New collection.
    Respondents: Commercial motor vehicle (CMV) drivers.
    Estimated Number of Respondents: 500 CMV drivers.
    Estimated Time per Response: 20 minutes for the pre-study
questionnaire, 15 minutes for during- and post-study questionnaires,
and 20 minutes for the exit interview at the end of the study.
    Expiration Date: N/A.
    Frequency of Response: Drivers will be asked to take a total of
four unique questionnaires administered six times over the course of 18
months.
    Estimated Total Annual Burden: 792 hours [(250 responses x 20
minutes/60 minutes for pre-study questionnaire) + (1,250 responses x 15
minutes/60 minutes for intervention questionnaire) + (1,250 responses x
15 minutes/60 minutes for withdrawal questionnaire) + (250 responses x
20 minutes/60 minutes for exit interview) = 792 hours].
    Background: The goal of the OBMS and safety research study FOT is
to determine whether on-board monitoring and feedback will reduce at-
risk behavior among CMV drivers and improve driver safety performance.
The purpose of the questionnaire portion is to assess CMV drivers'
acceptance of the OBMS being evaluated in the FOT. A series of four
unique questionnaires will be conducted in the Baseline (no feedback),
Intervention (receiving feedback), and Withdrawal (no feedback)
periods. These questionnaires will address the CMV drivers'
expectations, experiences and attitudes

toward the OBMS and assess changes in their perception over the 18-
month study period. All study questionnaires will be available in both
paper and electronic form. The results will be summarized and
integrated into the rest of the larger FOT study report that evaluates
the effectiveness of the OBMS in improving safety and driver
performance.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including: (1) Whether the proposed
collection is necessary for the performance of FMCSA's functions; (2)
the accuracy of the estimated burden; (3) ways for FMCSA to enhance the
quality, usefulness, and clarity of the collected information; and (4)
ways that the burden could be minimized without reducing the quality of
the collected information.

    Issued on: June 20, 2011.
Kelly Leone,
Associate Administrator for Research and Information Technology.
[FR Doc. 2011-15921 Filed 6-23-11; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register: September 15, 2010 (Volume 75, Number 178)]
[Rules and Regulations]
[Page 55988-55991]
[DOCID:fr15se10-16]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2009-1014-201026; FRL-9201-1]

Approval and Promulgation of Implementation Plans; Commonwealth
of Kentucky; Prevention of Significant Deterioration and Nonattainment
New Source Review Rules: Nitrogen Oxide as Precursor to Ozone

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is taking final action to approve a revision to the
Commonwealth of Kentucky's State Implementation Plan (SIP), submitted
to EPA by the Kentucky Energy and Environment Cabinet, through the
Kentucky Division for Air Quality (KDAQ), on February 5, 2010. The
revision modifies Kentucky's prevention of significant deterioration
(PSD) and nonattainment new source review (NNSR) permitting regulations
in Kentucky's SIP to address permit requirements promulgated in the
1997 8-Hour Ozone National Ambient Air Quality Standards (NAAQS)
Implementation Rule--Phase II (hereafter referred to as the ``Ozone
Implementation NSR Update''). The Ozone Implementation NSR Update
revised permit requirements relating to the implementation of the 1997
8-hour ozone NAAQS, specifically, incorporating nitrogen oxides
(NOX) as a precursor to ozone. EPA's approval of Kentucky's
provisions to include NOX as an ozone precursor into the
Kentucky SIP is based on EPA's determination that Kentucky's SIP
revision related to these provisions complies with Federal
requirements. EPA is also addressing the general adverse comments
received on EPA's proposal to approve NOX as an ozone
precursor for permitting purposes into the Kentucky SIP.
    The February 5, 2010, SIP revision also included provisions to
exclude facilities that produce ethanol through a natural fermentation
process from the definition of ``chemical process plants'' in the NSR
major source permitting program in the Kentucky SIP. EPA also received
adverse comments for its proposal to approve these provisions. At this
time, EPA is not taking final action on Kentucky's provisions to
exclude facilities that produce ethanol through a natural fermentation
process from the definition of ``chemical process plants'' in the NSR
major source permitting program. EPA will consider the comments
received regarding these provisions and take any final action for these
provisions in a separate rulemaking.

DATES: Effective Date: This rule will be effective October 15, 2010.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2009-1014. All documents in the docket
are listed on the http://www.regulations.gov Web site. Although listed
in the index, some information is not publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through http://www.regulations.gov or
in hard copy at the Regulatory Development Section, Air Planning
Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 4:30, excluding
Federal holidays.

FOR FURTHER INFORMATION CONTACT: For information regarding the Kentucky
SIP, contact Ms. Twunjala Bradley, Regulatory Development Section, Air
Planning Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960. Ms. Bradley can be reached via telephone
at<PHONE_NUMBER> and electronic mail at<EMAIL_ADDRESS>For
information regarding NSR, contact Ms. Yolanda Adams, Air Permits
Section, at the same address above. Ms. Adams can be reached via
telephone at<PHONE_NUMBER> and electronic mail at
<EMAIL_ADDRESS>For information regarding 8-hour ozone NAAQS,
contact Ms. Jane Spann, Regulatory Development Section, at the

same address above. Ms. Spann can be reached via telephone at (404)
562-9029 and electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. Today's Action
III. Comments and Responses
IV. Final Action
V. Statutory and Executive Order Reviews

I. Background

    On February 5, 2010, the Commonwealth of Kentucky, through KDAQ,
submitted a revision to the Kentucky SIP which relates to Kentucky's
Air Quality Regulations, Chapter 51--401 Kentucky Administrative
Regulation (KAR) 51:001 ``Definitions for 401 KAR Chapter 51,'' 401 KAR
51:017 ``Prevention of Significant Deterioration of Air Quality,'' and
401 KAR 51:052 ``Review of New Sources in or Impacting upon
Nonattainment Areas.'' The SIP revision addressed various issues.\1\
This final action addresses only one component of the February 5, 2010,
submittal--the Ozone Implementation NSR Update requirements, as
contained in 40 Code of Federal Regulations (CFR) 51.165 and 51.166,
and promulgated on November 29, 2005, as part of EPA's Ozone
Implementation NSR Update.
---------------------------------------------------------------------------

    \1\ Kentucky's February 5, 2010, SIP revision also included
provisions for excluding facilities that produce ethanol through a
natural fermentation process from the definition of ``chemical
process plants'' in the NSR major source permitting program. In an
action published on April 1, 2010 (75 FR 16388), EPA proposed to
approve the aforementioned revisions into the Kentucky SIP. At this
time, EPA is not taking action on the ethanol provisions. On a
separate, unrelated issue, the rule revisions provided in Kentucky's
February 5, 2010, submittal also requested the removal of certain
provisions for clean units (CU) and pollution control projects
(PCP), which were vacated by the United States Court of Appeals for
the District of Columbia Circuit. EPA has not previously taken
action to approve that portion of Kentucky's submittal (regarding
the vacated rules) and EPA is not now taking action on those
provisions.
---------------------------------------------------------------------------

    On July 18, 1997, EPA promulgated a revised 8-hour ozone NAAQS of
0.08 parts per million--also referred to as the 1997 8-hour ozone
NAAQS. On April 30, 2004, EPA designated areas as attainment,
nonattainment and unclassifiable for the 1997 8-hour ozone NAAQS. As
part of the 2004 designations, EPA also promulgated an implementation
rule for the 1997 8-hour ozone NAAQS in two phases. Phase I of EPA's
1997 8-hour ozone implementation rule (Phase 1 Rule), published on
April 30, 2004, and effective on June 15, 2004, provided the
implementation requirements for designating areas under subpart 1 and
subpart 2 of the CAA. See 69 FR 23857.
    On November 29, 2005, EPA promulgated the second phase for
implementation provisions related to the 1997 8-hour ozone NAAQS--also
known as the Phase II Rule. See 70 FR 71612. The Phase II Rule
addressed control and planning requirements as they applied to areas
designated nonattainment for the 1997 8-hour ozone NAAQS which included
NSR requirements. Specific to this rulemaking, the Phase II Rule made
changes to Federal regulations 40 CFR 51.165 and 51.166, which govern
the NNSR and PSD permitting programs. The revisions to the NSR
permitting requirements in the Phase II Rule are also known as the
Ozone Implementation NSR Update.
    Specifically, the Phase II Rule requirements included, among other
changes, a new provision stating that NOX is an ozone
precursor. See 70 FR 71612, (page 71679) (November 29, 2005). In the
Phase II Rule, EPA stated as follows:

    ``The EPA has recognized NOX as an ozone precursor in
several national rules because of its contribution to ozone
transport and the ozone nonattainment problem. The EPA's recognition
of NOX as an ozone precursor is supported by scientific
studies, which have long recognized the role of NOX in
ozone formation and transport. Such formation and transport is not
limited to nonattainment areas. Therefore, we believe NOX
should be treated consistently as an ozone precursor in both our PSD
and nonattainment NSR regulations. For these reasons we have
promulgated final regulations providing that NOX is an
ozone precursor * * *''

    In the Phase II Rule, EPA established that states must submit SIPs
incorporating required changes (including the addition of
NOX as a precursor for ozone) no later than June 15, 2007.
See 70 FR 71612 (page 71683).
    On February 5, 2010, Kentucky submitted a revision to include
NOX as a precursor for ozone for PSD and NNSR permitting
purposes in order to comply with the Phase II Rule.

II. Today's Action

    EPA has determined that Kentucky's February 5, 2010, SIP revision
revising Kentucky's PSD and NNSR permit programs is consistent with
changes to the Federal NSR requirements (40 CFR 51.165 and 51.166, and
the Phase II Rule) relating to the incorporation of NOX as
an ozone precursor. The revision, which became state-effective on
February 5, 2010, is included in Kentucky's PSD and NNSR programs and
meets the requirements of the Phase II Rule by identifying
NOX as a precursor for ozone.\2\
---------------------------------------------------------------------------

    \2\ The Kentucky rules were formatted to conform to Kentucky
rule drafting standards (KRS Chapter 13A), but in substantive
content the rules are the same as the Federal rules.
---------------------------------------------------------------------------

    EPA received comments on its proposal to approve the Kentucky SIP
revision to incorporate NOX as a precursor for ozone, on
April 29, 2010, from the Law Office of Robert Ukeiley on behalf of the
Sierra Club and Valley Watch, Incorporated. The comments opposed
approval of the SIP revision. EPA's responses to these comments can be
found in Section III of this rulemaking.

III. Comments and Responses

    On April 29, 2010, EPA received a letter providing comments on
EPA's proposal to approve Kentucky's February 5, 2010, SIP revision to
include NOX as a precursor for ozone for PSD and NNSR
purposes. Below is a summary of the comments and EPA's response.
    Comments: \3\ The comments acknowledged that ``[t]his revision is
long overdue;'' however, the comments further stated that, ``EPA should
not approve Kentucky's revision just because it is ``line-by-line''
consistent with the federal rules.''
---------------------------------------------------------------------------

    \3\ A full text of the comments is available in the Docket for
this action. Electronic docket information can be found in the
``Addresses'' portion of this notice. The comments are summarized in
this document; however, EPA considered all the comments expressed in
the letter.
---------------------------------------------------------------------------

    The comments expressed concerns regarding Kentucky's implementation
of modeling requirements for ozone, particularly in reference to
certain coal-fired utilities in Kentucky (that were specifically
identified in the letter), and for those reasons, the Commenter appears
to oppose the SIP revision. The Commenter explains that ``[t]his
proposed rulemaking is EPA's opportunity to provide Kentucky with much-
needed direction on how to ensure air quality does not further
degrade.'' One basis for the Commenter's concerns appears to be his
position on Kentucky's attainment status for the ozone NAAQS as well as
some permitting activities. The Commenter explains his position on
Kentucky's alleged noncompliance with ozone requirements particularly
with regard to issuing permits for major new sources of air pollution.
The concerns seemed focused on ozone related modeling and monitoring.
Further, the Commenter explains his concerns regarding ozone
preconstruction monitoring at certain stationary sources.
    The Commenter concludes by explaining that ``[t]he proposed SIP

revision is EPA's opportunity to work with the state of Kentucky to
design a program that will help Kentucky achieve present and future
attainment with ozone standards.'' The Commenter requests that EPA (1)
not approve the SIP revision until Kentucky agrees to make serious
efforts at attaining and assuring continuing attainment with the ozone
standards; and (2) use its powers under CAA Section 167 to prevent
construction of three major sources of ozone precursor pollution
(identified in the letter).
    Response: EPA's Phase II Rule required states to add NOX
as a precursor for ozone to their SIPs. EPA explained the basis for
that decision in the Phase II Rule, which is part of the CAA program to
improve air quality and reduce ground-level ozone. The air quality
benefits were the primary basis for EPA's final action in the Phase II
Rule requiring states to incorporate NOX as a precursor for
ozone in their SIPs. See 68 FR 32802 (proposal); 70 FR 71612, 71674,
71679 (final Phase II Rule). The Commenter acknowledges that this
action is ``overdue'' and recognizes that NOX is in fact a
precursor for ozone. While the comments are adverse in the sense that
they request that EPA not approve the SIP revision, the comments
provide no scientific or legal basis for EPA to disapprove Kentucky's
February 5, 2010, SIP revision. The comments are focused on concerns
about Kentucky's major source air program, and include no specific
information explaining why adding NOX as a precursor to
ozone in Kentucky's PSD and NNSR programs is contrary to the CAA or its
implementing regulations.
    Notably, the Commenter has raised similar concerns in response to
other actions (e.g., permit revisions and other SIP revisions),
including a lawsuit against EPA seeking EPA to use Clean Air Act
Section 167 at certain coal-fired utilities in Kentucky. In a letter
dated April 17, 2009 (which was resubmitted on January 20, 2010), the
Commenter provided adverse comments to EPA regarding a separate (and
unrelated) proposed approval actions for four Kentucky 110(a)(1)
maintenance plans, stating

``the Kentucky PSD program only requires that sources conduct
ambient monitoring and impact analysis when a source is over 100
tons per year of [volatile organic compounds]. See 401 KAR 51:017
Sec.  7(5)(a). The Kentucky PSD program illegally leaves out major
sources of NOX. Id.''

    In that separate action, the Commenter supported disapproval based
on NOX not being listed as an ozone precursor in the
Kentucky SIP. Nonetheless, in this action to incorporate NOX
as a precursor for ozone, the same Commenter is opposing the action.
Commenter appears to be trying to achieve changes not directly related
to the SIP revision at issue, but more specifically focused on certain
major stationary sources identified in the letter. These other actions
have their own independent regulatory processes wherein Commenter has
other opportunities to raise concerns and seek changes.
    EPA's action to approve NOX as a precursor for ozone in
Kentucky supports the improvement of air quality in Kentucky, in part
because of the associated modeling and monitoring requirements. EPA's
approval of this SIP revision ensures that Kentucky's PSD and NNSR
permit programs are consistent with the Federal NSR permit requirements
(40 CFR 51.165 and 51.166) relating to the incorporation of
NOX as an ozone precursor set forth in the Phase II Rule.

IV. Final Action

    Pursuant to Section 110 of the CAA, EPA is taking final action to
approve Kentucky's SIP revision submitted February 5, 2010, which
incorporates NOX as an ozone precursor for PSD and NNSR
purposes into the Kentucky SIP. The revision included in Kentucky's PSD
and NNSR programs is equivalent to the provision in the Ozone
Implementation NSR Update. EPA is approving these revisions into the
Kentucky SIP because they are consistent with the CAA and its
implementing regulations.

V. Statutory and Executive Order Reviews

    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
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 Order
12866 (58 FR 51735, October 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, 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.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 15, 2010. 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
section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Ozone, Volatile organic compounds.

    Dated: September 1, 2010.
Beverly H. Banister,
Acting Regional Administrator, Region 4.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart S--Kentucky

0
2. Section 52.920(c) Table 1 is amended by revising the entries for
``401 KAR 51:001,'' ``401 KAR 51:017,'' and ``401 KAR 51:052'' to read
as follows:

Sec.  52.920  Identification of plan.

* * * * *
    (c) * * *

                          Table 1--EPA-Approved Kentucky Approved Kentucky Regulations
----------------------------------------------------------------------------------------------------------------
                                                                            EPA approval
        State citation           Title/subject     State effective date         date             Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
               Chapter 51 Attainment and Maintenance of the National Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
401 KAR 51:001...............  Definitions for                  2/5/2010  9/15/2010         Except the phrase
                                401 KAR Chapter                            [Insert           ``except ethanol
                                51.                                        citation of       production
                                                                           publication].     facilities
                                                                                producing ethanol
                                                                                by natural
                                                                                fermentation under
                                                                                the North American
                                                                                Industry
                                                                                Classification
                                                                                System (NAICS)
                                                                                codes 325193 or
                                                                                312140,'' in 401
                                                                                KAR 51:001 Section
                                                                                1 (118)(1)(b)(i)
                                                                                and the phrase
                                                                                ``except ethanol
                                                                                production
                                                                                facilities
                                                                                producing ethanol
                                                                                by natural
                                                                                fermentation under
                                                                                NAICS codes 325193
                                                                                or 312140,'' in 401
                                                                                KAR 51:001 Section
                                                                                1(118) (2)(c)(20).
----------------------------------------------------------------------------------------------------------------
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
401 KAR 51:017...............  Prevention of                    2/5/2010  9/15/2010         Except the phrase
                                significant                                [Insert           ``except ethanol
                                deterioration                              citation of       production
                                of air quality.                            publication].     facilities
                                                                                producing ethanol
                                                                                by natural
                                                                                fermentation under
                                                                                the North American
                                                                                Industry
                                                                                Classification
                                                                                System (NAICS)
                                                                                codes 325193 or
                                                                                312140;'' in 401
                                                                                KAR 51:017 Section
                                                                                7(1)(c)20.
401 KAR 51:052...............  Review of new                    2/5/2010  9/15/2010         Except the phrase
                                sources in or                              [Insert           ``except ethanol
                                impacting upon                             citation of       production
                                nonattainment                              publication].     facilities
                                areas.                                                       producing ethanol
                                                                                by natural
                                                                                fermentation under
                                                                                the North American
                                                                                Industry
                                                                                Classification
                                                                                System (NAICS)
                                                                                codes 325193 or
                                                                                312140,'' in 401
                                                                                KAR 51:052 Section
                                                                                2 (3)(t).
----------------------------------------------------------------------------------------------------------------

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

* * * * *
[FR Doc. 2010-22856 Filed 9-14-10; 8:45 am]
BILLING CODE 6560-50-P