[Federal Register Volume 81, Number 165 (Thursday, August 25, 2016)]
[Proposed Rules]
[Pages 58438-58442]
[FR Doc No: 2016-20320]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2013-0145; FRL-9951-30-Region 8]

Approval and Promulgation of Air Quality Implementation Plans;
North Dakota; Revisions to Air Pollution Control Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing
approval of State Implementation Plan (SIP) revisions submitted by the
State of North Dakota on January 28, 2013 and April 22, 2014. The
revisions are to Article 33-15 ``Air Pollution Control'' rules of the
North Dakota Administrative Code. The revisions include amendments to
update the Prevention of Significant Deterioration (PSD) rules and the
definition of ``volatile organic compounds''; to add particulate matter
less than 2.5 microns in diameter (PM2.5) methods of
measurement; to modify the PM2.5 state ambient air quality
standard, permissible open burning rule, and permit fee processes; and,
to remove permitting fees for sources that operate an air monitoring
site. The revisions also make clarifying changes. This action is being
taken under section 110 of the Clean Air Act (CAA).

DATES: Written comments must be received on or before September 26,
2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2013-0145 at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.,) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Air Program,
Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street,
Denver, Colorado 80202-1129. The 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 a.m. to 4 p.m.,
excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Jaslyn Dobrahner, 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>
SUPPLEMENTARY INFORMATION:

I. General Information

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

    1. Submitting Confidential Business Information (CBI). Do not
submit CBI to the EPA through http://www.regulations.gov or email.
Clearly mark the part or all of the information that you claim to be
CBI. For CBI information on a disk or CD-ROM that you mail to the EPA,
mark the outside of the disk or CD-ROM as CBI and then identify
electronically within the disk or CD-ROM the specific information that
is claimed as CBI. In addition to one complete version of the comment
that includes information claimed as CBI, a copy of the comment that
does not contain the information claimed as CBI must be submitted for
inclusion in the public docket. Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR part
2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
     Identify the rulemaking by docket number and other
identifying

information (subject heading, Federal Register, date, and page number);
     Follow directions and organize your comments;
     Explain why you agree or disagree;
     Suggest alternatives and substitute language for your
requested changes;
     Describe any assumptions and provide any technical
information and/or data that you used;
     If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced;
     Provide specific examples to illustrate your concerns, and
suggest alternatives;
     Explain your views as clearly as possible, avoiding the
use of profanity or personal threats; and
     Make sure to submit your comments by the comment period
deadline identified.

II. Background

    A. On January 28, 2013, the State of North Dakota submitted a SIP
revision containing amendments to Article 33-15 Air Pollution Control
rules. The amendments: Update the PSD rules; add PM2.5
methods of measurement; revise permit fee processing; remove permitting
fees for sources that operate an air monitoring site; and make
clarifying changes. The North Dakota State Health Council adopted the
amendments on August 14, 2012 (effective January 1, 2013).
    B. On April 22, 2014, the State of North Dakota submitted a SIP
revision containing amendments to Article 33-15 Air Pollution Control
rules. The amendments: Update the PSD rules and the definition of
``volatile organic compounds''; revise the PM2.5 state
ambient air quality standard and permissible open burning rule; and
clarify excess emissions reporting requirements. The North Dakota State
Health Council adopted the amendments on February 11, 2014 (effective
April 1, 2014).

III. The EPA's Review of the State of North Dakota's January 28, 2013
and April 22, 2014 Submittals

    We evaluated North Dakota's January 28, 2013 and April 22, 2014
submittals regarding revisions to the State's Air Pollution Control
rules. We propose to approve some of the revisions and not act on other
revisions.

A. January 28, 2013 SIP Submittal

    The State's January 28, 2013 SIP submittal includes the following
types of amendments to the State's air quality rules: Revisions to
update State-specific additions to the incorporation by reference of
the PSD rules; revisions to add PM2.5 methods of
measurement; revisions to remove permitting fees for sources that
operate an air monitoring site; and a revision to streamline the
administrative fee process. The revisions also make clarifying changes.
    The January 2013 submittal adds a sentence to 33-15-01-13.3,
``[t]he provisions of this subsection do not apply to sources that are
subject to monitoring requirements in chapter 33-15-21,'' to clarify
that the alternative monitoring requirements in this rule do not apply
to sources that are required to comply with the acid rain rules and
exempts sources subject to acid rain requirements in chapter 33-15-21,
Acid Rain Program, from the continuous emission monitoring system
(CEMS) failures requirements found in 33-15-01-13.3 of the General
Provisions chapter. Instead, 33-15-21-09.1 requires that CEMS
monitoring, recordkeeping, and reporting requirements found in 40 CFR
part 75 and its appendices apply to sources subject to acid rain
requirements. This revision is for clarification purposes, and we
propose to approve it. Likewise, we propose to approve the State's
revisions to 33-15-05-04.3 that indicate PM2.5 measurements
must be made in accordance with 40 CFR 51, Appendix M, Recommended Test
Methods for State Implementation Plans and clarifies the definition of
PM10 determinations under the same method.
    The State revised section 33-15-14-02.13.c(4) by deleting ``or are
subject to a standard under chapter 33-15-22,'' to clarify that sources
subject to the national emission standards for hazardous air pollutants
(40 CFR part 63) in chapter 33-15-22, Emissions Standards for Hazardous
Air Pollutants for Source Categories, do not need a permit to construct
if they meet the exemption requirements found in 33-15-14-02.13. The
State requested this revision to clarify that sources at minor
facilities do not require a permit. Since the North Dakota SIP already
exempts engine sources whose emissions are below certain thresholds
(see 33-15-14-02.13(c)(1), (2), (3)) and also requires major hazardous
air pollutant sources subject to maximum achievable control technology
(MACT) to obtain a permit (see 33-15-22), we agree that this revision
is for clarification purposes and propose to approve it.
    The State makes a number of revisions in their January 28, 2013
submittal to their PSD rules found in chapter 33-15-15; some of the
revisions we approved in prior actions, while other revisions were
superseded by subsequent SIP submittals. First, the State updates the
incorporation by reference date in 33-15-15-01.2 for 40 CFR 52.21,
paragraphs (a)(2) through (e), (h) through (r), (v), (w), (aa) and (bb)
to as they exist on January 1, 2012. We acted on the approval of
incorporating 40 CFR 52.21(b)(14)(i) through (iii); (b)(15)(i) and
(ii); and paragraph (c) pertaining to major and minor source baseline
dates and ambient air increments in our July 30, 2013 final rule (78 FR
45866) approving the State's demonstration that the North Dakota SIP
meets the infrastructure requirements of the CAA for the National
Ambient Air Quality Standards (NAAQS) promulgated for PM2.5
on July 18, 1997 and on October 17, 2006. In doing so, paragraphs
(b)(14)(i) through (iii); (b)(15)(i) and (ii); and paragraph (c) were
added to 40 CFR 52.1829 as paragraphs (c) and (d). We are proposing to
not act on incorporating the remainder of 40 CFR 52.21 as they exist on
January 1, 2012, because this revision is superseded by the revision in
the State's April 22, 2014 submittal to incorporate the same portions
of 40 CFR 52.21 as they existed on July 1, 2013.
    There are additional revisions in the State's January 28, 2013 PSD
rules in 33-15-15-01.2. that we propose to approve. First, the State
relocates 40 CFR 52.21(b)(50)(i)(c) and (b)(50)(i)(d) to correct
numerical order. Second, the State revises 40 CFR 52.21(d) consistent
with the federal rule at the same citation by changing ``[n]o
concentration of a contaminant shall exceed the ambient air quality
standards in chapter 33-15-02 for these areas subject to regulation
under this article and the national ambient air quality standards in
all other areas of the United States'' to ``[n]o concentration of a
contaminant shall exceed: (1) The concentration permitted under the
national primary and secondary ambient air quality standards. (2) The
concentration permitted by the ambient air quality standards in chapter
33-15-02.'' Third, the State revises 40 CFR 52.21(k)(1) consistent with
the federal regulations at 40 CFR 52.21(k)(1)(i) by changing ``[a]ny
ambient air quality standard in chapter 33-15-02 for those areas
subject to regulation under this article and the national ambient air
quality standards in all other areas of the United States; or'' to
``[a]ny national ambient air quality standard or any standard in
chapter 33-15-02.'' The State recognizes their current regulations
inadvertently do not include (i) after 40 CFR 52.21(k)(1) and will
revise the language to read 40 CFR 52.21(k)(1)(i) in

a future submittal.\1\ Fourth, the State also revised 40 CFR
52.21(v)(2)(iv)(a) consistent with the federal rule at the same
citation by adding ``national ambient air quality standard or any'' and
deleting ``regulation under this article and the national ambient air
quality standards in all other areas of the United States.'' We propose
to approve all of these changes.
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    \1\ Refer to docket #EPA-R08-OAR-2013-0145 for documentation.
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    We also propose to approve in the January 28, 2013 submittal
revisions to chapter 33-15-23, Fees, allowing billing statements to be
sent to applicants before final determinations have been made (33-15-
23-02.2.c) and removing the permit fee for sources that operate an air
monitoring site (33-15-23-03.1). CAA section 110(a)(2)(E) requires that
a state implementation plan provide assurances that the state will
have, among other items, adequate funding to carry out the
implementation plan. Sending billing statements earlier than currently
required under the SIP impacts the timing of when the fees are billed
and collected. Therefore, it is appropriate to propose to approve
because the change impacts the timing. The deletion of the criteria
that describe this category is approvable because under 33-15-23-03.2
North Dakota will continue to charge fees to sources based on actual
costs incurred by the State for the following: (1) Observation of
source or performance specification testing; and (2) audits of source
operated ambient air monitoring networks.
    In this submittal, the State also made clarifying revisions to
three other SIP provisions. First, the State modified the abbreviation
of PM10 (33-15-01-05) by adding the phrase ``less than or
equal'' and deleting the less than or equal to symbol. Second, the
State moved and modified language related to agricultural practices and
fugitive emissions from chapter 33-15-17 Restriction of Fugitive
Emission to chapter 33-15-03 Restriction of Emissions of Visible Air
Contaminants (the State deleted from 33-15-17-02.6 ``[a]gricultural
activities related to the normal operations of a farm shall be exempt
from the requirements of this section. However, agricultural practices
such as tilling of land, application of fertilizers, and the harvesting
of crops shall be managed in such a manner as to minimize dust from
becoming airborne,'' and then added the following sentence to 33-15-03-
04.5 ``[h]owever, agricultural practices such as tilling of land,
application of fertilizers, harvesting of crops, and other activities
shall be managed in such a manner as to minimize dust from becoming
airborne''). In doing this the State modified the existing SIP by
removing the exemption and requirement related to agricultural
activities and fugitive dust under chapter 33-15-17, Restriction of
Fugitive Emissions, and adding the same requirement related to
agricultural activities and fugitive dust to chapter 33-15-03,
Restriction of Emission of Visible Air Contaminants. We view these
changes as non-substantive, SIP-strengthening, and clarifying because
it removes an exemption and moves a requirement to a related area in
the SIP. Third, the State inserted a reference to the exceptions found
in 33-15-03-04 to the restrictions on the emission of visible air
contaminants in chapter 33-15-03 Restriction of Emissions of Visible
Air Contaminants into 33-15-17-02.4, which has the effect of referring
the reader to exceptions already located within another chapter of the
State's rules, which we characterize as a clarifying revision. We
propose to approve all of these as clarifying, SIP-strengthening, and
non-substantive revisions.
    Finally, we are not acting on the revision to 33-15-01-04 as this
revision to the incorporation by reference date is superseded by a
revision in the April 2014 submittal. We are also not acting on
revisions to 33-15-03-04.4 and 33-15-05-01.2a(1) to remove improper
exemptions from emissions limitations as we acted on these previously
(79 FR 63045). We will act on revisions to 33-15-14-02.1, 33-15-14-
02.5.a and 33-15-15-01-.2 in a future rulemaking and thus are not
acting on these revisions at this time.

B. April 22, 2014 SIP Submittal

    The State's April 22, 2014 SIP submittal includes the following
types of amendments to the State's air quality rules: Revisions to
update the dates of incorporation by reference of the (1) PSD rules,
and (2) the definition of ``volatile organic compounds''; revisions to
lower the PM2.5 State ambient air quality standard;
revisions to clarify the permissible open burning rule; a revision that
clarifies that the required excess emissions reporting requirements are
for sources that operate continuous emission monitors; and a revision
that removes a category of fees.
    The CAA requires the regulation of volatile organic compounds
(VOCs) for various purposes. For example, tropospheric ozone, commonly
known as smog, is formed when VOC and nitrogen oxides (NOX)
react in the atmosphere in the presence of sunlight. Thus, because of
the harmful health effects of ozone, the EPA and state governments
limit the amount of VOC--organic compounds of carbon--that can be
released into the atmosphere. Section 302(s) of the CAA specifies that
the EPA has the authority to define the meaning of ``VOC,'' and hence
what compounds shall be treated as VOC for regulatory purposes. The EPA
defines VOCs at 40 CFR 51.100(s) and VOC exclusions, determined to have
negligible photochemical reactivity, at 51.100(s)(1). In its January
2013 submittal, the State updates 33-15-01-04, Definitions, to include
the incorporation by reference of 40 CFR 51.100(s) as it exists on
January 1, 2012. Subsequently, in its April 2014 submittal, the State
updates 33-15-01-04, Definitions, again to include the incorporation by
reference of 40 CFR 51.100(s) as it exists on July 1, 2013. The April
2014 submittal supersedes the January 2013 submittal, thus we are
proposing to approve the April 2014 revision because it incorporates by
reference the EPA's rule provisions.
    The CAA also requires the EPA to set National Ambient Air Quality
Standards (40 CFR part 50) for pollutants considered harmful to public
health and the environment and identifies two types of national ambient
air quality standards: Primary standards provide public health
protection, including protecting the health of ``sensitive''
populations such as asthmatics, children, and the elderly; and
Secondary standards provide public welfare protection, including
protection against decreased visibility and damage to animals, crops,
vegetation, and buildings. In 2012 (78 FR 3086), the EPA revised the
primary (health-based) annual PM2.5 standard by lowering the
level from 15 micrograms per cubic meter ([mu]g/m\3\) to 12.0 [mu]g/
m\3\ so as to provide increased protection against health effects
associated with long- and short-term exposures (including premature
mortality, increased hospital admissions and emergency department
visits, and development of chronic respiratory disease). Accordingly,
the State's April 2014 submittal revises the PM2.5 primary
standard in Table 1. Ambient Air Quality Standards of chapter 33-15-02
from 15.0 [mu]g/m\3\ to match the federal standard of 12.0 [mu]g/m\3\.
We propose to approve this revision because it is consistent with the
federal standard.
    In addition, we propose to approve revisions in the April 2014
submittal that revise 33-15-04-02.2.a to require that any type of
permissible burning listed in 33-15-04-02.1 will not create ``air
pollution'' as defined by the State in 33-15-04 (33-15-04-02.2.a); and
to

delete the existing SIP requirement in 33-15-04-02.2.a (73 FR 30308),
that prohibited permissible burning listed in 33-15-04-02.1 from
creating a public nuisance (``No public nuisance is or will be
created''). We propose to approve these revisions because they
strengthen the SIP by prohibiting open burning that creates air
pollution where ``one or more air contaminants in such quantities and
duration as is or may be injurious to human health, welfare, or
property or animal or plant life, or which unreasonably interferes with
the enjoyment of life or property.''
    We also propose to approve the clarification to the applicability
of excess emissions reporting and recordkeeping requirements for
continuous emission monitoring requirements (33-15-06-05.1). We propose
to approve this revision because it clarifies the existing SIP
provision (58 FR 54041) and explains that the emission monitoring
requirements referenced in 33-15-06-05.1 are those performed for
continuous emission monitoring (adding the phrase ``in accordance with
section 33-15-06-04'').
    In the April 2014 submittal, the State also revised the
incorporation by reference date of 40 CFR 52.21 into the state
regulations to July 1, 2013 (33-15-15-01.2). As previously discussed in
III.A., we approved the incorporation of 40 CFR 52.21(b)(14)(i) through
(iii); (b)(15)(i) and (ii); and paragraph (c) pertaining to major and
minor source baseline dates and ambient air increments in our July 30,
2013 final rule (78 FR 45866) by adding paragraphs (c) and (d) to 40
CFR 52.1829. We propose to approve the State's revision of the
incorporation by reference date to July 1, 2013 because it references
our regulations, and in doing so, propose to delete paragraphs (c) and
(d) in 40 CFR 52.1829 as they would no longer be needed and would be
duplicative if retained. The State also added the reference to
``title'' before the federal regulation citation in this section (first
paragraph), and as this is for clarification purposes, we propose to
approve this addition.
    We are proposing to approve the State's deletion of the criteria
for the ``Monitor'' category (33-15-23-03.01) from the SIP. These
criteria explain the ``Monitor'' fee is a charge that applies to minor
sources that is ``in addition to the annual fee for any source
operating a continuous emission monitor system (CEMS) or an ambient
monitoring site.'' The State's January 2013 SIP submittal indicates
that this fee is no longer being charged.\2\ Thus, removal of the
``Monitor'' category corresponds to the State's revision in their
January 2013 submittal (removing the annual fee for minor sources that
operate an emission monitor or ambient air quality monitoring site),
which we propose to approve in section III.A.
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    \2\ April 2014 State SIP Submittal, PDF page 14.
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    Finally, we are not acting on the State's revision to 33-15-03-05
and will instead take action on this revision in a future rulemaking.

IV. What action is the EPA taking?

    For the reasons expressed in III.A. and III.B., the EPA is
proposing to approve the following revisions, shown in Table 1, to the
State's Air Pollution Control rules. We are also proposing to not act
on several other revisions, shown in Table 2, for the reasons discussed
in III.A. and III.B. and summarized below.

  Table 1--List of North Dakota Revisions That the EPA Is Proposing To
                                 Approve
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   Revised sections in January 28, 2013 and April 22, 2014 submissions
                          proposed for approval
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January 28, 2013 submittal: 33-15-01-05; 33-15-01-13.3; 33-15-03-04.5;
 33-15-05-04.3; 33-15-14-02.13.c(4); 33-15-15-01.2 [dagger]; 33-15-17-
 02.4; 33-15-17-02.6; 33-15-23-02.2.c; 33-15-23-03.1.
April 22, 2014 submittal: 33-15-01-04; 33-15-02, Table 1.; 33-15-04-
 02.2.a; 33-15-06-05.1; 33-15-15-01.2; 33-15-23-03.
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[dagger] Except for the incorporation by reference date in the first
  paragraph and the revision associated with 40 CFR 52.21(l)(1).

             Table 2--List of North Dakota Revisions That the EPA Is Proposing To Take No Action On
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                                                                   Revision                       Revision will
                                                                superseded by    Revision acted   be acted on in
                       Revised section                          April 22, 2014    on in 79 FR        a future
                                                                  submittal          63045          submittal
----------------------------------------------------------------------------------------------------------------
                     Revised Sections in January 28, 2013 Submission Proposed for No Action
----------------------------------------------------------------------------------------------------------------
33-15-01-04..................................................               x
33-15-03-04.4................................................                                x
33-15-05-01.2a(1)............................................                                x
33-15-14-02.1................................................                                                 x
33-15-14-02.5.a..............................................                                                 x
33-15-15-01.2 [Dagger].......................................               x
33-15-15-01.2 Sec.  .........................................                                                 x
----------------------------------------------------------------------------------------------------------------
                       Revised Section in April 22, 2014 Submission Proposed for No Action
----------------------------------------------------------------------------------------------------------------
33-15-03-05..................................................                                                 x
----------------------------------------------------------------------------------------------------------------
[Dagger] Only the revision to the incorporation by reference date in the first paragraph.
Sec.   Only the revision associated with 40 CFR 52.21(l)(1).

V. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference North Dakota Administrative Code as described in section IV.
of this preamble. The EPA has made, and will continue to make, these
materials generally available through www.regulations.gov and/or at the
EPA Region 8 Office (please contact the

person identified in the ``For Further Information Contact'' section of
this preamble for more information).

VI. 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, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
proposed action merely approves some state law as meeting federal
requirements; this proposed action does not impose additional
requirements beyond those imposed by state law. For that reason, this
proposed 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 the 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).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where the 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).

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 11, 2016.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
[FR Doc. 2016-20320 Filed 8-24-16; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: January 27, 2010 (Volume 75, Number 17)]
[Notices]
[Page 4383-4384]
[DOCID:fr27ja10-81]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0930; FRL-8806-5]

Pesticide Products: Registration Applications

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces receipt of applications to register
pesticide products containing a new active ingredient not included in
any currently registered products pursuant to the provisions of section
3(c)(4) of the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA), as amended.

DATES: Comments must be received on or before February 26, 2010.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2009-0930, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2009-0930. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.

    Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. 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 in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of
operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The Docket Facility telephone
number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT:  Gina Casciano, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

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

II. Registration Applications

    EPA received applications, as follows, to register a manufacturing-
use pesticide product and an end-use pesticide product containing an
active ingredient not included in any previously registered products
pursuant to the provision of section 3(c)(4) of FIFRA. Notice of
receipt of these applications does not imply a decision by the Agency
on the applications.
    File Symbol: 80286-RU. Applicant: ISCA Technologies, Inc., 1230
Riverside, CA, 92507. Product name: SPLAT CLM MP. Active ingredients:
Insecticide and (Z,Z,E)-7,11,13-Hexadecatrienal at 66.5%. Proposed
classification/Use: Food Use, Outdoor Use (G. Casciano).
    File Symbol: 80286-RL. Applicant: ISCA Technologies, Inc., 1230
Riverside, CA, 92507. Product name: SPLAT CLM. Active ingredients:
Insecticide and (Z,Z,E)-7,11,13-Hexadecatrienal at 0.15%. Proposed
classification/Use: Food Use, Outdoor Use (G. Casciano).

List of Subjects

    Environmental protection, Pesticides and pest.

    Dated: January 19, 2010.
Keith A. Matthews,
Acting Director, Biopesticides and Pollution Prevention Division,
Office of Pesticide Programs.
[FR Doc. 2010-1582 Filed 1-26-10; 8:45 am]
BILLING CODE 6560-50-S


[Federal Register Volume 81, Number 65 (Tuesday, April 5, 2016)]
[Notices]
[Page 19598]
[FR Doc No: 2016-07721]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP16-745-000.
    Applicants: Vector Pipeline L. P.
    Description: Annual Fuel Use Report for 2015 of Vector Pipeline L.
P.
    Filed Date: 3/28/16.
    Accession Number: 20160328-5067.
    Comments Due: 5 p.m. ET 4/11/16.

    Docket Numbers: RP16-746-000.
    Applicants: Bear Creek Storage Company, L.L.C.
    Description: Operational Transactions Report of Bear Creek Storage
Company, L.L.C.
    Filed Date: 3/28/16.
    Accession Number: 20160328-5070.
    Comments Due: 5 p.m. ET 4/11/16.

    Docket Numbers: RP16-747-000.
    Applicants: Elba Express Company, L.L.C.
    Description: 2016 Annual Interruptible Revenue Crediting Report of
Elba Express Company, L.L.C.
    Filed Date: 3/28/16.
    Accession Number: 20160328-5071.
    Comments Due: 5 p.m. ET 4/11/16.

    Docket Numbers: RP16-748-000.
    Applicants: Gulf Shore Energy Partners, LP.
    Description: Compliance filing Gulf Shore Energy Partners--
Compliance Filing to be effective 3/28/2016.
    Filed Date: 3/28/16.
    Accession Number: 20160328-5085.
    Comments Due: 5 p.m. ET 4/11/16.

    Docket Numbers: RP16-749-000.
    Applicants: MoGas Pipeline LLC.
    Description: Sec.  4(d) Rate Filing: MoGas Negotiated Rate
Agreement--Cuba to be effective 4/1/2016.
    Filed Date: 3/28/16.
    Accession Number: 20160328-5097.
    Comments Due: 5 p.m. ET 4/11/16.

    Docket Numbers: RP16-750-000.
    Applicants: El Paso Natural Gas Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Agreement
Update (APS April 2016) to be effective 4/1/2016.
    Filed Date: 3/28/16.
    Accession Number: 20160328-5186.
    Comments Due: 5 p.m. ET 4/11/16.

    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and Sec.  385.214) on or
before 5:00 p.m. Eastern time on the specified comment date. Protests
may be considered, but intervention is necessary to become a party to
the proceeding.

Filings in Existing Proceedings

    Docket Numbers: RP11-2107-002.
    Applicants: Colorado Interstate Gas Company, L.L.C.
    Description: Compliance filing Revenue Sharing Mechanism Update to
be effective 5/1/2016.
    Filed Date: 3/24/16.
    Accession Number: 20160324-5143.
    Comments Due: 5 p.m. ET 4/5/16.

    Any person desiring to protest in any of the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: March 29, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-07721 Filed 4-4-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 127 (Monday, July 2, 2018)]
[Rules and Regulations]
[Pages 30869-30870]
[FR Doc No: 2018-14142]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0380]
RIN 1625-AA00

Safety Zone; Willamette River, Lake Oswego, OR

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of the Willamette River near Lake Oswego, OR. This
action is necessary to provide for the safety of life on these
navigable waters during a fireworks display on July 4, 2018. This
regulation prohibits persons and vessels from being in the safety zone
unless authorized by the Captain of the Port Columbia River or a
designated representative.

DATES: This rule is effective from 9 p.m. to 11:30 p.m. on July 4,
2018.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0380 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LCDR Laura Springer, Waterways Management Division,
Marine Safety Unit Portland, U.S. Coast Guard; telephone<PHONE_NUMBER>,
email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On April 17, 2018, the City of Lake Oswego notified the Coast Guard
that it will be conducting a fireworks display launched from a barge in
the Willamette River approximately 150 yards east of George Rodgers
Park in Lake Oswego, OR. In response, on May 29, 2018, the Coast Guard
published a notice of proposed rulemaking (NPRM) titled Safety Zone;
Willamette River, Lake Oswego, OR (83 FR 24443). There we stated why we
issued the NPRM, and invited comments on our proposed regulatory action
related to this fireworks display. During the comment period that ended
June 13, 2018, we received three comments.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because the Coast Guard needs to have
a safety zone regulation in place by July 4, 2018, to respond to the
potential safety hazards associated with the fireworks display on that
date.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Columbia River (COTP) has determined that
potential hazards associated with the fireworks to be used in this July
4, 2018 display will be a safety concern for anyone within a 450-yard
radius of the barge. The purpose of this rule is to ensure safety of
vessels and the navigable waters in the safety zone before, during, and
after the scheduled event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received three comments on our NPRM published
May 29, 2018. The first comment was an email from an individual
concerned with fire and health hazards associated with the fireworks
display and not with the proposed safety zone. The individual was
directed to contact the sponsoring organization to address those
concerns. The second comment contained no suggested changes or
recommendations. The third comment suggested a lack of communication
with neighborhoods regarding the scope and ramifications of the river
closure, and a concern with the containment of human wastes from
boaters due to beach closures. As stated later in this temporary final
rule, vessel traffic can request to transit through this safety zone,
which will affect a limited area of the Willamette River for
approximately two and a half hours during the evening when vessel
traffic is normally low. This safety zone does not include any beach
closures. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM.
    This rule establishes a safety zone from 9 p.m. to 11:30 p.m. on
July 4, 2018. The safety zone will cover all navigable waters of the
Willamette River within 450-yards of a barge located at
45[deg]24'37.46'' N, 122[deg]39'29.70'' W, in vicinity of George Rogers
Park in Lake Oswego, OR. The duration of the zone is intended to ensure
the safety of vessels and these navigable waters before, during, and
after the scheduled 10 p.m. to 10:30 p.m. fireworks display. No vessel
or person will be permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. Vessel traffic
will be able to safely transit around this safety zone which will
impact a small designated area of the Willamette River for
approximately two and a half hours during the evening when vessel
traffic is normally low. Moreover, the Coast Guard will issue a
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the
zone, and the rule will allow vessels to seek permission to enter the
zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended,

requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969 (42 U.S.C. 4321-4370f), and have determined that this action is
one of a category of actions that do not individually or cumulatively
have a significant effect on the human environment. This rule involves
a safety zone lasting less than two and a half hours that will prohibit
entry within 450-yards of a barge in the Willamette River located
approximately 150 yards east of George Rodgers Park in Lake Oswego, OR.
It is categorically excluded from further review under paragraph L60(a)
of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev.
01. A Record of Environmental Consideration supporting this
determination is available in the docket where indicated under
ADDRESSES.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T13-0380 to read as follows:

Sec.  165.T13-0380   Safety Zone; Willamette River, Lake Oswego, OR.

    (a) Safety zone. The following area is designated a safety zone:
Waters of the Willamette River, within a 450-yard radius of the
fireworks barge located at 45[deg]24'37.46'' N, 122[deg]39'29.70'' W in
vicinity of George Rogers Park in Lake Oswego, OR.
    (b) Regulations. In accordance with Sec.  165.23, no person may
enter or remain in this safety zone unless authorized by the Captain of
the Port Columbia River or his designated representative. Also in
accordance with Sec.  165.23, no person may bring into, or allow to
remain in this safety zone any vehicle, vessel, or object unless
authorized by the Captain of the Port Columbia River or his designated
representative.
    (c) Enforcement period. This section will be enforced from 9 p.m.
to 11:30 p.m. on July 4, 2018.

    Dated: June 25, 2018.
D.F. Berliner,
Captain, U.S. Coast Guard, Acting Captain of the Port, Sector Columbia
River.
[FR Doc. 2018-14142 Filed 6-29-18; 8:45 am]
 BILLING CODE 9110-04-P


Comment Info: =================

General Comment:Dear Mr. Zeller:

I am writing as an individual consumer to request an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. On behalf of myself, I am requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days.

The Proposed Rule raises a number of significant issues and questions that are important and relevant to me, as a consumer of products that are proposed for regulation under the Proposed Rule. The Proposed Rule asks about a hundred different questions I might want to respond to. I want to provide my thoughts and comments on many of these issues, but my time to devote to researching and providing thoughtful comments on these important questions is limited. I have already spent many hours researching and dissecting these issues, but they take time. I know that the FDA took many years to even come up with the Proposed Rule, so I do not think it is at all unreasonable to allow the public a mere six months to comment on it. This is our only opportunity, as consumers, to provide our feedback.

I feel very strongly about e-cigarettes as an alternative to combustible cigarettes. Quite simply, I firmly believe that they saved my life. I wish to provide you with my personal story, as well as science- and evidence-based responses to your questions so that you can take my comment into account. I realize that the FDA has the authority under 21 CFR 10.40 to extend this time frame and that the FDA has exercised this authority on numerous occasions in the past. I would therefore ask that you do so here, so that all stakeholders have the opportunity to provide their comments on this proposed regulation. One of the most important things in my life is when I started vaping to stay off of cigarettes and now successfully doing so for over 2 years, avoiding over 18,000 cigarettes and feeling better than I ever have. I am truly worried that if the regulations that go forward as planned may force me to go back to smoking and I cannot believe the goal of the FDA is to allow us to continue putting known carcinogens into ourselves at the pressure of specific lobbing pressures at work within our government.

I appreciate your consideration of my request and am happy to discuss this issue with you further.

Sincerely Yours,

David S. Suydam


[Federal Register: June 16, 2006 (Volume 71, Number 116)]
[Notices]
[Page 34906-34907]
[DOCID:fr16jn06-77]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. ER00-2268-018; EL05-10-000; ER99-4124-015; EL05-11-000;
ER00-3312-016; EL05-12-000; ER99-4122-019; EL05-13-000]

Pinnacle West Capital Corporation; Arizona Public Service
Company; Pinnacle West Energy Corporation; APS Energy Services Company,
Inc.; Notice of Filing

June 8, 2006.
    Take notice that on May 17, 2006, pursuant to the Commission's
Order issued on April 17, 2006, in the above-captioned proceeding,
Arizona Public Service Company (APS) filed an offer of settlement,
settlement agreement and explanatory statement in support of the offer
of settlement, intended to resolve all outstanding issues between APS
and the Town of Wickenburg.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the

appropriate action to be taken, but will not serve to make protestants
parties to the proceeding. Any person wishing to become a party must
file a notice of intervention or motion to intervene, as appropriate.
Such notices, motions, or protests must be filed on or before the
comment date. Anyone filing a motion to intervene or protest must serve
a copy of that document on the Applicant and all the parties in this
proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on June 29, 2006.

Magalie R. Salas,
Secretary.
[FR Doc. E6-9376 Filed 6-15-06; 8:45 am]

BILLING CODE 6717-01-P