[Federal Register Volume 85, Number 198 (Tuesday, October 13, 2020)]
[Notices]
[Pages 64481-64483]
[FR Doc No: 2020-22581]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2020-N-1736]

Potential Approach for Ranking of Antimicrobial Drugs According
to Their Importance in Human Medicine: A Risk Management Tool for
Antimicrobial New Animal Drugs; Public Meeting; Request for Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of public meeting; request for comments.

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SUMMARY: The Food and Drug Administration (FDA, the Agency, or we) is
hosting a virtual public meeting entitled ``Potential Approach for
Ranking of Antimicrobial Drugs According to Their Importance in Human
Medicine: A Risk Management Tool for Antimicrobial New Animal Drugs.''
The purpose of the meeting is to obtain early input from the public on
a potential revised approach for considering the human medical
importance of antimicrobial new animal drugs when assessing and
managing the antimicrobial resistance risks associated with the use of
antimicrobial drugs in animals. The Agency is seeking public input on a
potential revised process for ranking antimicrobials according to their
relative importance in human medicine, on the potential criteria for
their ranking, and on the resulting ranked list of antimicrobial drugs.
A concept paper describing this potential revised process will be made
available for discussion at the public meeting and can be obtained at
the website listed in section II of this notice.

DATES: The public meeting will be held on November 16, 2020. Submit
either electronic or written comments on this topic by January 15,
2021. Further information regarding the meeting, including the time the
meeting will start, the agenda, and how to register to attend the
meeting, can be found at https://www.fda.gov/animal-veterinary/workshops-conferences-meetings/fda-public-meeting-potential-approach-ranking-antimicrobial-drugs-according-their-importance-human. See the
SUPPLEMENTARY INFORMATION section for registration dates and
information.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before January 15, 2021. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of January 15, 2021. Comments
received by mail/hand delivery/courier (for written/paper submissions)
will be considered timely if they are postmarked or the delivery
service acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked, and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2020-N-1736 for ``Potential Approach for Ranking of Antimicrobial
Drugs of According to Their Importance in Human Medicine: A Risk
Management Tool for Antimicrobial New Animal Drugs.'' Received
comments, those filed in a timely manner (see ADDRESSES), will be
placed in the docket and, except for those submitted as ``Confidential
Submissions,'' be publicly viewable at https://www.regulations.gov or
at the Dockets Management Staff between 9 a.m. and 4 p.m., Monday
through Friday,<PHONE_NUMBER>.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper

submission. You should submit two copies total. One copy will include
the information you claim to be confidential with a heading or cover
note that states ``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.''
The Agency will review this copy, including the claimed confidential
information, in its consideration of comments. The second copy, which
will have the claimed confidential information redacted/blacked out,
will be available for public viewing and posted on https://www.regulations.gov. Submit both copies to the Dockets Management
Staff. If you do not wish your name and contact information to be made
publicly available, you can provide this information on the cover sheet
and not in the body of your comments and you must identify this
information as ``confidential.'' Any information marked as
``confidential'' will not be disclosed except in accordance with 21 CFR
10.20 and other applicable disclosure law. For more information about
FDA's posting of comments to public dockets, see 80 FR 56469, September
18, 2015, or access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.
    Transcripts of the meeting will be available on the FDA website at:
https://www.fda.gov/animal-veterinary/workshops-conferences-meetings/fda-public-meeting-potential-approach-ranking-antimicrobial-drugs-according-their-importance-human approximately 30 days after the
meeting.

FOR FURTHER INFORMATION CONTACT: Kelly Covington, Center for Veterinary
Medicine (HFV-6), Food and Drug Administration, 7500 Standish Pl.,
Rockville, MD 20855,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    Antimicrobial drugs have been used since the mid-20th century to
control and cure infectious diseases in humans. Since their discovery,
these drugs have prevented millions of human deaths worldwide, they
have helped to promote animal health, and they have helped to provide
an abundant and affordable supply of meat, milk, and eggs. Soon after
antimicrobial drugs became widely available, scientists noted that
their use could contribute to the emergence and selection of
antimicrobial resistance in bacteria, thereby reducing the
effectiveness of the antimicrobial drugs. To address the human health
risks surrounding the use of antimicrobial new animal drugs, in 2003,
FDA issued Guidance for Industry (GFI) #152, entitled ``Evaluating the
Safety of Antimicrobial New Animal Drugs with Regard to their
Microbiological Effects on Bacteria of Human Health Concern.'' \1\ GFI
#152 outlines a qualitative risk assessment methodology as a process
for evaluating foodborne antimicrobial resistance concerns related to
the use of antimicrobial drugs in food-producing animals. One component
of the risk assessment is the consequence assessment, which considers
the medical importance of an antimicrobial drug or drug class used in
human medicine.
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    \1\ https://www.fda.gov/media/69949/download.
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    GFI #152 also contains an appendix, commonly referred to as
``Appendix A,'' in which FDA ranks antimicrobial drugs according to
their relative importance to human medicine: ``critically important,''
``highly important,'' or ``important.'' In GFI #152, FDA recommends
that sponsors of antimicrobial new animal drugs refer to Appendix A to
initially assess the importance of the antimicrobial drug or drug class
in question to human medicine and base their consequence assessment
conclusion on this human medical importance ranking.
    The current list of medically important antimicrobial drugs in
Appendix A reflects FDA's thinking at the time of publication, in 2003.
    As noted in GFI #152, the development of new antimicrobial drugs
for human therapy, the emergence or re-emergence of diseases in humans,
and changes in prescribing practices, are some factors that may cause
the human medical importance rankings to change over time. It was
envisioned at the time of publication of GFI #152 that the Agency would
reassess the rankings provided in Appendix A periodically to confirm
that the rankings are consistent with contemporary practices and needs.
    Given the considerable advances in science that have taken place
since 2003, new relevant information has become available. The purpose
of the public meeting is to obtain early input on a potential revised
process for ranking antimicrobial drugs according to their relative
importance in human medicine, as well as potential criteria for their
ranking.

II. Topics for Discussion at the Public Meeting

    We will publish the public meeting agenda and related information,
including a concept paper describing a potential revised ranking
process, at https://www.fda.gov/animal-veterinary/workshops-conferences-meetings/fda-public-meeting-potential-approach-ranking-antimicrobial-drugs-according-their-importance-human. We do not intend
for this meeting to produce any decisions or new positions on specific
regulatory questions. However, we expect this meeting to be an
important step in our efforts to gather information and public feedback
on a potential revised process for ranking antimicrobial drugs
according to their relative importance in human medicine, on the
criteria for their ranking, and on a ranked list of antimicrobial
drugs.
    We are specifically interested in receiving public comments on the
following questions:
    1. Are the criteria and the tier-based framework described in the
potential revised process for ranking antimicrobial drugs according to
their relative human medical importance clear, complete, and
consistent?
    2. What changes do you think are needed to the criteria or tiers,
if any?
    3. Have the potential criteria been applied correctly to the
antimicrobial classes as reflected in the resulting rankings?
    4. Are there other issues we should consider regarding these
criteria and the tier-based framework?
    5. How often and by what process should FDA update the ranking of
medically important antimicrobials?

III. Participating in the Public Meeting

    Registration: Persons interested in attending this public meeting
must register no later than 11:59 p.m. Eastern Time on November 12,
2020, by emailing complete contact information for each attendee,
including name, title, affiliation, address, email, telephone number,
and if you need reasonable accommodations due to a disability (e.g.,
Closed Captioning) to Kelly Covington at [email protected]
Early registration is recommended. Registrants will receive
confirmation when their registration has been received and will be
provided the webcast link.
    Requests for Oral Presentations: During online registration you may
indicate if you wish to make an oral presentation during the public
meeting. To facilitate agenda development,

registrants requesting to present will be contacted to provide
information regarding which topics they intend to address and the title
of their presentation. We will do our best to accommodate requests to
make an oral presentation. Individuals and organizations with common
interests are urged to consolidate or coordinate their presentations,
and request time for a joint presentation, or submit requests for
designated representatives to participate. All requests to make oral
presentations must be received by October 23, 2020.
    We will determine the amount of time allotted to each presenter and
the approximate time each oral presentation is to begin, and we will
notify participants by October 27, 2020. Selected presenters planning
to use an electronic slide deck must submit an electronic copy of their
PowerPoint presentation to Kelly Covington (see FOR FURTHER INFORMATION
CONTACT) with the subject line ``Potential Approach for Ranking of
Antimicrobial Drugs According to Their Importance in Human Medicine: A
Risk Management Tool for Antimicrobial New Animal Drugs'' on or before
November 9, 2020. If presenters choose not to use a slide deck, they
are requested to submit a single slide with their name, affiliation,
title of their presentation, and contact information. No commercial or
promotional material will be permitted to be presented or distributed
at the public meeting.
    Transcripts: Please be advised that as soon as a transcript of the
public meeting is available, it will be accessible at https://www.regulations.gov. It may also be viewed at the Dockets Management
Staff (see ADDRESSES). A link to the transcript will also be available
on the Agency's website at https://www.fda.gov/animal-veterinary/workshops-conferences-meetings/fda-public-meeting-potential-approach-ranking-antimicrobial-drugs-according-their-importance-human.

    Dated: October 7, 2020.
Lauren K. Roth,
Acting Principal Associate Commissioner for Policy.
[FR Doc. 2020-22581 Filed 10-9-20; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 87, Number 45 (Tuesday, March 8, 2022)]
[Notices]
[Pages 12972-12974]
[FR Doc No: 2022-04901]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2022-0002]

Changes in Flood Hazard Determinations

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

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.

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 protected]; 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.
    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. 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.

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                      Location and case                                                                                Community
  State and county           No.          Chief executive officer of community     Community map repository        Date of modification          No.
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Arkansas: Benton     City of Lowell (21-  The Honorable Chris Moore, Mayor,     City Hall, 216 North Lincoln   Feb. 14, 2022...............       050342
 (FEMA Docket No.:    06-1057P).           City of Lowell, 216 North Lincoln     Street, Lowell, AR 72745.
 B-2182).                                  Street, Lowell, AR 72745.
Colorado:
    Boulder (FEMA    City of Boulder (21- The Honorable Sam Weaver, Mayor,      Municipal Building Plaza,      Feb. 18, 2022...............       080024
     Docket No.: B-   08-0996X).           City of Boulder, 1777 Broadway        1777 Broadway Street,
     2182).                                Street, Boulder, CO 80302.            Boulder, CO 80302.
    Larimer (FEMA    City of Fort         The Honorable Jeni Arndt, Mayor,      Stormwater Utilities           Feb. 15, 2022...............       080102
     Docket No.: B-   Collins (21-08-      City of Fort Collins, P.O. Box 580,   Department, 700 Wood Street,
     2182).           0277P).              Fort Collins, CO 80522.               Fort Collins, CO 80521.
    Larimer (FEMA    Unincorporated       The Honorable John Kefalas,           Larimer County Engineering     Feb. 15, 2022...............       080101
     Docket No.: B-   areas of Larimer     Chairman, Larimer County Board of     Department, 200 West Oak
     2182).           County (21-08-       Commissioners, 200 West Oak Street,   Street, Suite 3000, Fort
                      0277P).              Suite 2200, Fort Collins, CO 80521.   Collins, CO 80521.
Florida:
    Monroe (FEMA     Unincorporated       The Honorable Michelle Coldiron,      Monroe County Building         Feb. 3, 2022................       125129
     Docket No.: B-   areas of Monroe      Commissioner, Monroe County Board     Department, 2798 Overseas
     2178).           County (21-04-       of Commissioners, 25 Ships Way, Big   Highway, Suite 300,
                      4719P).              Pine Key, FL 33043.                   Marathon, FL 33050.
    Polk (FEMA       Unincorporated       The Honorable Rick Wilson, Chairman,  Polk County Land Development   Feb. 10, 2022...............       120261
     Docket No.: B-   areas of Polk        Polk County Board of Commissioners,   Division 330 West Church
     2178).           County (21-04-       P.O. Box 9005, Drawer BC01, Bartow,   Street, Bartow, FL 33830.
                      1458P).              FL 33831.
    Polk (FEMA       Unincorporated       The Honorable Rick Wilson, Chairman,  Polk County Land Development   Feb. 3, 2022................       120261
     Docket No.: B-   areas of Polk        Polk County Board of Commissioners,   Division, 330 West Church
     2175).           County (21-04-       P.O. Box 9005, Drawer BC01, Bartow,   Street, Bartow, FL 33830.
                      1668P).              FL 33831.
    Sarasota (FEMA   City of Sarasota     The Honorable Hagen Brody, Mayor,     Development Services           Feb. 7, 2022................       125120
     Docket No.: B-   (21-04-4173P).       City of Sarasota, 1565 1st Street,    Department, 1565 1st Street,
     2178).                                Room 101, Sarasota, FL 34236.         Sarasota, FL 34236.
Georgia: Barrow      Unincorporated       The Honorable Pat Graham, Chair,      Barrow County Planning and     Feb. 17, 2022...............       130497
 (FEMA Docket No.:    areas of Barrow      Barrow County Board of                Community Development
 B-2182).             County (21-04-       Commissioners, 30 North Broad         Department, 30 North Broad
                      4537P).              Street, Winder, GA 30680.             Street, Winder, GA 30680.
Kentucky: Hardin     City of              The Honorable Jeffrey H. Gregory,     Stormwater Department, 200     Feb. 18, 2022...............       210095
 (FEMA Docket No.:    Elizabethtown (21-   Mayor, City of Elizabethtown, 200     West Dixie Avenue,
 B-2182).             04-1010P)            West Dixie Avenue, Elizabethtown,     Elizabethtown, KY 42701.
                                           KY 42701.
New Mexico:
    Bernalillo       Unincorporated       The Honorable Charlene E. Pyskoty,    Bernalillo County Public       Feb. 2, 2022................       350001
     (FEMA Docket     areas of             Chair, Bernalillo County Board of     Works Division, 415 Silver
     No.: B-2175).    Bernalillo County    Commissioners, 415 Silver Avenue      Avenue Southwest, 5th Floor,
                      (21-06-1463P).       Southwest, 8th Floor, Albuquerque,    Albuquerque, NM 87102.
                                           NM 87102.
    Valencia (FEMA   Pueblo of Isleta     The Honorable Vernon Abeita,          Isleta Pueblo, Tribal Road     Feb. 4, 2022................       350057
     Docket No.: B-   (21-06-0607P).       Governor, Pueblo of Isleta, P.O.      40, Building 117A, Isleta,
     2175).                                Box 1290, Isleta, NM 87022.           NM 87022.
    Valencia (FEMA   Unincorporated       Mr. Danny Monette, Valencia County    Valencia County Planning and   Feb. 4, 2022................       350086
     Docket No.: B-   areas of Valencia    Manager, P.O. Box 1119, Los Lunas,    Zoning Department, 444 Luna
     2175).           County (21-06-       NM 87031.                             Avenue, Los Lunas, NM 87031.
                      0607P).
    Valencia (FEMA   Village of Los       The Honorable Charles Griego, Mayor,  Community Development          Feb. 4, 2022................       350144
     Docket No.: B-   Lunas (21-06-        Village of Los Lunas, P.O. Box        Department, 600 Main Street
     2175).           0607P).              1209, Los Lunas, NM 87031.            Northwest, Los Lunas, NM
                                                                                87031.
North Carolina:
    Johnston (FEMA   Unincorporated       The Honorable Chad Stewart,           Johnston County Planning       Feb. 17, 2022...............       370138
     Docket No.: B-   areas of Johnston    Chairman, Johnston County Board of    Department, 309 East Market
     2214).           County (20-04-       Commissioners, P.O. Box 1049,         Street, Clayton, NC 27520.
                      5908P).              Smithfield, NC 27577.
    Orange (FEMA     Unincorporated       The Honorable Renee Price, Chair,     Orange County Planning,        Feb 10, 2022................       370342
     Docket No.: B-   areas of Orange      Orange County Board of                Department, 131 West
     2214).           County (21-04-       Commissioners, P.O. Box 1303,         Margaret Lane, Hillsborough,
                      0006P).              Hillsborough, NC 27278.               NC 27278.
    Pender (FEMA     Town of Burgaw (20-  The Honorable Kenneth Cowan, Mayor,   Town Hall, 109 North Walker    Feb. 11, 2022...............       370483
     Docket No.: B-   04-3993P)            Town of Burgaw, 109 North Walker      Street, Burgaw, NC 28425.
     2214).                                Street, Burgaw, NC 28425.
    Union (FEMA      Unincorporated       The Honorable Richard Helms,          Union County Planning          Feb 18, 2022................       370234
     Docket No.: B-   areas of Union       Chairman, Union County Board of       Department, 500 North Main
     2214).           County (21-04-       Commissioners, 500 North Main         Street, Suite 70, Monroe, NC
                      0276P).              Street, Suite 918, Monroe, NC         28112.
                                           28112.
Pennsylvania:

    Allegheny (FEMA  Township of Harmar   The Honorable Robert J. Exler,        Harmar Zoning Department, 701  Feb. 7, 2022................       421068
     Docket No.: B-   (21-03-0173P)        Chairman, Township of Harmar Board    Freeport Road, Cheswick, PA
     2182).                                of Supervisors, 701 Freeport Road,    15024.
                                           Cheswick, PA 15024.
    Allegheny (FEMA  Township of Indiana  Mr. Daniel L. Anderson, Township of   Indiana Code Enforcement       Feb. 7, 2022................       421070
     Docket No.: B-   (21-03-0173P)        Indiana Manager, 3710 Saxonburg       Department, 3710 Saxonburg
     2182).                                Boulevard, Pittsburgh, PA 15238.      Boulevard, Pittsburgh, PA
                                                                                15238.
South Carolina:
    Berkeley (FEMA   Unincorporated       Mr. John Cribb, Berkeley County       Berkeley County                Feb. 3, 2022................       450029
     Docket No.: B-   areas of Berkeley    Supervisor, 1003 Highway 52, Moncks   Administration Building,
     2178).           County (21-04-       Corner, SC 29461.                     1003 Highway 52, Moncks
                      5806P).                                                    Corner, SC 29461.
    Charleston       Town of              The Honorable Rutledge B. Leland,     Zoning Department, 405         Feb. 17, 2022...............       450039
     (FEMA Docket     McClellanville (21-  III, Mayor, Town of McClellanville,   Pinckney Street,
     No.: B-2182).    04-3970P).           405 Pinckney Street,                  McClellanville, SC 29458.
                                           McClellanville, SC 29458.
    Charleston       Unincorporated       The Honorable Teddie E. Pryor, Sr.,   Charleston County Building     Feb. 17, 2022...............       455413
     (FEMA Docket     areas of             Chairman, Charleston County           Department, 4045 Bridge View
     No.: B-2182).    Charleston County    Council, 4045 Bridge View Drive,      Drive, North Charleston, SC
                      (21-04-3970P).       North Charleston, SC 29405.           29405.
Texas:
    Bexar (FEMA      City of San Antonio  The Honorable Ron Nirenberg, Mayor,   Stormwater Engineering         Feb. 14, 2022...............       480045
     Docket No.: B-   (21-06-1633P).       City of San Antonio, P.O. Box         Division, 114 West Commerce
     2203).                                839966, San Antonio, TX 78283.        Street, 6th Floor, San
                                                                                Antonio, TX 78205.
    Bexar (FEMA      Unincorporated       The Honorable Nelson W. Wolff, Bexar  Bexar County Public Works      Feb. 14, 2022...............       480035
     Docket No.: B-   areas of Bexar       County Judge, 101 West Nueva          Department, 1948 Probandt
     2203).           County (21-06-       Street, 10th Floor, San Antonio, TX   Street, San Antonio, TX
                      1633P).              78205.                                78214.
    Tarrant (FEMA    City of Mansfield    The Honorable Michael Evans, Mayor,   Department of Public Works,    Feb. 17, 2022...............       480606
     Docket No.: B-   (21-06-2343P).       City of Mansfield, 1200 East Broad    1200 East Broad Street,
     2182).                                Street, Mansfield, TX 76063.          Mansfield, TX 76063.
    Williamson       Unincorporated       The Honorable Bill Gravell, Jr.,      Williamson County Engineering  Feb. 17, 2022...............       481079
     (FEMA Docket     areas of             Williamson County Judge, 710 South    Department, 3151 Southeast
     No.: B-2182).    Williamson County    Main Street, Suite 101, Georgetown,   Inner Loop, Georgetown, TX
                      (21-06-0778P).       TX 78626.                             78626.
Utah: Salt Lake      City of Riverton     The Honorable Trent Staggs, Mayor,    Public Works Department,       Feb. 7, 2022................       490104
 (FEMA Docket No.:    (21-08-0137P).       City of Riverton, 12830 South         12526 South 4150 West,
 B-2182).                                  Redwood Road, Riverton, UT 84065.     Riverton, UT 84065.
West Virginia:
    Cabell (FEMA     City of Milton (21-  The Honorable Tom Canterbury, Mayor,  City Hall, 1595 U.S. Route 60  Feb. 14, 2022...............       540019
     Docket No.: B-   03-0959P).           City of Milton, 1139 Smith Street,    East, Milton, WV 25541.
     2182).                                Milton, WV 25541.
    Cabell (FEMA     Unincorporated       The Honorable Jim Morgan, President,  Cabell County Office of        Feb. 14, 2022...............       540016
     Docket No.: B-   areas of Cabell      Cabell County Commission, 750 5th     Grants, Planning and
     2182).           County (21-03-       Avenue, Suite 300, Huntington, WV     Permits, 750 5th Avenue,
                      0959P).              25701.                                Suite 314, Huntington, WV
                                                                                25701.
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[FR Doc. 2022-04901 Filed 3-7-22; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 82, Number 166 (Tuesday, August 29, 2017)]
[Proposed Rules]
[Pages 40963-40970]
[FR Doc No: 2017-18290]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 82, No. 166 / Tuesday, August 29, 2017 /
Proposed Rules

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2017-0425, FRL-9967-04-Region 2]

Approval of Air Quality Implementation Plans; New York; Cross-
State Air Pollution Rule; NOX Annual and SO2 Group 1 Trading Programs

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
conditionally approve a revision to the New York State Implementation
Plan (SIP) addressing requirements of the Cross-State Air Pollution
Rule (CSAPR). Under the CSAPR, large electricity generating units in
New York are subject to Federal Implementation Plans (FIPs) requiring
the units to participate in CSAPR federal trading programs for annual
emissions of nitrogen oxides (NOX), ozone season emissions
of NOX, and annual emissions of sulfur dioxide
(SO2). This action proposes to conditionally approve into
New York's SIP the State's regulations that replace the default
allowance allocation provisions of the CSAPR federal trading programs
for annual NOX and SO2 emissions. At this time,
EPA is not taking action on the portion of New York's SIP submittal
addressing NOX ozone season emissions. EPA is proposing to
conditionally approve New York's regulations for annual NOX
and SO2 emissions because, while the submitted rules do not
fully conform to CSAPR, New York is in the process of making further
revisions to its rules and has provided a commitment to finalize and
submit them by December 29, 2017. Upon timely meeting of this
commitment, EPA will propose to convert the conditional approval of the
SIP revision to a full approval.

DATES: Comments must be received on or before September 28, 2017.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-
R02-OAR-2017-0425, at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or withdrawn. 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.

FOR FURTHER INFORMATION CONTACT: Kenneth Fradkin, Air Programs Branch,
Environmental Protection Agency, 290 Broadway, 25th Floor, New York,
New York 10007-1866,<PHONE_NUMBER>, or by email at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. What is EPA's proposed action?
II. Background on CSAPR and CSAPR-Related SIP Revisions
III. Criteria for Approval of CSAPR-Related SIP Revisions
IV. New York's Submittal and EPA's Analysis
V. EPA's Proposed Action on New York's Submittal
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews

I. What is EPA's proposed action?

    Pursuant to Section 110(k)(4) of the Clean Air Act (CAA), EPA is
proposing to conditionally approve portions of New York's December 1,
2015 SIP submittal concerning CSAPR \1\ trading programs for annual
emissions of NOX and SO2. Large Electric
Generating Units (EGUs) in New York are subject to CSAPR FIPs that
require the units to participate in the federal CSAPR NOX
Annual Trading Program and the federal CSAPR SO2 Group 1
Trading Program. CSAPR provides a process for the submission and
approval of SIP revisions to replace certain provisions of the CSAPR
FIPs while the remaining FIP provisions continue to apply. This type of
CSAPR SIP is termed an abbreviated SIP.
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    \1\ Federal Implementation Plans; Interstate Transport of Fine
Particulate Matter and Ozone and Correction of SIP Approvals, 76 FR
48208 (August 8, 2011) (codified as amended at 40 CFR 52.38 and
52.39 and 40 CFR part 97).
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    The New York State Department of Environmental Conservation (DEC)
amended portions of Title 6 of the New York Codes, Rules and
Regulations (6 NYCRR) in order to incorporate CSAPR requirements into
the State's rules and allow the DEC to allocate CSAPR allowances to
regulated entities in New York. 6 NYCRR Part 244, ``CAIR NOX
Annual Trading Program,'' has been repealed and replaced in its
entirety with a new rule, 6 NYCRR Part 244, ``Transport Rule
NOX Annual Trading Program.'' 6 NYCRR Part 245, ``CAIR
SO2 Trading Program,'' has also been repealed and replaced
in its entirety with a new rule, 6 NYCRR Part 245, ``Transport Rule
SO2 Group 1 Trading Program.'' Attendant revisions were made
to 6 NYCRR Part 200, ``General Provisions,'' to update the list of
referenced materials that are cited in the amended New York
regulations. EPA is proposing to conditionally approve into the SIP the
revised versions of 6 NYCRR Parts 200, 244 and 245.
    This SIP revision is being proposed for conditional approval as
opposed to a full approval because of several deficiencies that must be
addressed as discussed in section IV of this notice. The proposed
conditional approval of portions of New York's SIP submittal is
conditioned on DEC meeting the commitment, articulated in its letters
dated July 14, 2016, March 4, 2017, and July 6, 2017, to make the
necessary revisions to 6 NYCRR Parts 200, 244, and 245 to meet the
requirements of the CAA and EPA's regulations for approval of an
abbreviated SIP revision to replace EPA's default allocations of CSAPR
emission allowances with state-determined allocations. The July 6, 2017
letter from DEC committed to submitting a SIP revision by December 29,
2017. The date supersedes the dates identified in the July 14, 2016,
and

March 24, 2017 letters.\2\ Once EPA determines that the DEC has
satisfied these conditions and EPA approves the revisions (after EPA
notice and comment), EPA shall remove the conditional approval and this
SIP revision will at that time receive full approval status. The
conditionally approved SIP submission will remain part of the SIP until
EPA takes further action. If New York fails to meet its commitment to
submit a revised SIP by December 29, 2017 [i.e., the date of commitment
from the state's July 6, 2017 letter], the conditional approval is
treated as a disapproval.
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    \2\ In their July 6, 2017 letter, the DEC indicated they needed
additional time to complete their rulemaking.
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    This action proposes to conditionally approve into New York's SIP
state-determined allowance allocation procedures for annual
NOX and SO2 allowances that would replace EPA's
default allocation procedures for the control periods in 2017 and
beyond. The proposed approval of this SIP revision does not alter any
provision of either the CSAPR NOX Annual Trading Program or
the CSAPR SO2 Group 1 Trading Program as applied to New York
units other than the allowance allocation provisions, and the FIP
provisions requiring those units to participate in the programs (as
modified by this SIP revision) remain in place.
    New York also repealed 6 NYCRR Part 243, ``CAIR NOX
Ozone Season Trading Program,'' and replaced it in its entirety with a
new rule, 6 NYCRR Part 243, ``Transport Rule NOX Ozone
Season Trading Program,'' which was included in New York's December 1,
2015 SIP submittal. EPA is not proposing to act at this time on the
portion of New York's SIP submittal addressing 6 NYCRR Part 243. Since
New York's December 1, 2015 submission, EPA has finalized the CSAPR
Update rule \3\ to address Eastern states' interstate air pollution
mitigation obligations with regard to the 2008 Ozone National Ambient
Air Quality Standard (NAAQS). Among other things, starting in 2017 the
CSAPR Update requires New York EGUs to participate in the new CSAPR
NOX Ozone Season Group 2 Trading Program instead of the
earlier CSAPR NOX Ozone Season Trading Program (now renamed
the ``Group 1'' program) and replaces the ozone season budget for New
York with a lower budget developed to address the revised and more
stringent 2008 Ozone NAAQS. In DEC's July 14, 2016 commitment letter to
EPA, New York indicated that the State would revise 6 NYCRR Part 243 to
conform with the final CSAPR Update. For this reason, EPA is proposing
to act at this time only on 6 NYCRR Parts 200, 244 and 245.
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    \3\ 81 FR 74504 (October 26, 2016).
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    Section II of this document summarizes relevant aspects of the
CSAPR federal trading programs and FIPs as well as the range of
opportunities states have to submit SIP revisions to modify or replace
the FIP requirements while continuing to rely on CSAPR's trading
programs to address the states' obligations to mitigate interstate air
pollution. Section III describes the specific criteria for approval of
such SIP revisions. Section IV contains EPA's analysis of New York's
SIP submittal, and Section V sets forth EPA's action on the submittal.

II. Background on CSAPR and CSAPR-Related SIP Revisions

    EPA issued CSAPR in July 2011 to address the requirements of CAA
section 110(a)(2)(D)(i)(I) concerning interstate transport of air
pollution. As amended (including the 2016 CSAPR Update), CSAPR requires
27 Eastern states to limit their statewide emissions of SO2
and/or NOX in order to mitigate transported air pollution
unlawfully impacting other states' ability to attain or maintain four
NAAQS: The 1997 annual PM2.5 NAAQS, the 2006 24-hour
PM2.5 NAAQS, the 1997 Ozone NAAQS, and the 2008 Ozone NAAQS.
The CSAPR emissions limitations are defined in terms of maximum
statewide ``budgets'' for emissions of annual SO2, annual
NOX, and/or ozone-season NOX by each covered
state's large EGUs. The CSAPR state budgets are implemented in two
phases of generally increasing stringency, with the Phase 1 budgets
applying to emissions in 2015 and 2016 and the Phase 2 (and CSAPR
Update) budgets applying to emissions in 2017 and later years. As a
mechanism for achieving compliance with the emissions limitations,
CSAPR establishes five federal emissions trading programs: A program
for annual NOX emissions, two geographically separate
programs for annual SO2 emissions, and two geographically
separate programs for ozone-season NOX emissions. CSAPR also
establishes FIP requirements applicable to the large EGUs in each
covered state. The CSAPR FIP provisions require each state's EGUs to
participate in up to three of the five CSAPR trading programs.
    CSAPR includes provisions under which states may submit and EPA
will approve SIP revisions to modify or replace the CSAPR FIP
requirements while allowing states to continue to meet their transport-
related obligations using either CSAPR's federal emissions trading
programs or state emissions trading programs integrated with the
federal programs.\4\ Through such a SIP revision, a state may replace
EPA's default provisions for allocating emission allowances among the
state's units, employing any state-selected methodology to allocate or
auction the allowances, subject to timing criteria and limits on
overall allowance quantities. In the case of CSAPR's federal trading
programs for ozone-season NOX emissions (or integrated state
trading programs), a state may also expand trading program
applicability to include certain smaller EGUs.\5\ If a state wants to
replace CSAPR FIP requirements with SIP requirements under which the
state's units participate in a state trading program that is integrated
with and identical to the federal trading program even as to the
allocation and applicability provisions, the state may submit a SIP
revision for that purpose as well. However, no emissions budget
increases or other substantive changes to the trading program
provisions are allowed. A state whose units are subject to multiple
CSAPR FIPs and federal trading programs may submit SIP revisions to
modify or replace either some or all of those FIP requirements.
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    \4\ See 40 CFR 52.38, 52.39. States also retain the ability to
submit SIP revisions to meet their transport-related obligations
using mechanisms other than the CSAPR federal trading programs or
integrated state trading programs.
    \5\ States covered by both the CSAPR Update and the
NOX SIP Call have the additional option to expand
applicability under the CSAPR NOX Ozone Season Group 2
Trading Program to include non-EGUs that would have participated in
the former NOX Budget Trading Program.
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    States can submit two basic forms of CSAPR-related SIP revisions
effective for emissions control periods in 2017 or later years.\6\
Specific criteria for approval of each form of SIP revision are set
forth in the CSAPR regulations, as described in section III below.
Under the first alternative--an ``abbreviated'' SIP revision--a state
may submit a SIP revision that upon approval replaces the default
allowance allocation and/or applicability provisions of a CSAPR federal
trading program for the state.\7\ Approval of an abbreviated SIP
revision leaves the corresponding CSAPR FIP and all other provisions of
the relevant federal trading program in place for the state's units.
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    \6\ CSAPR also provides for a third, more streamlined form of
SIP revision that is effective only for control periods in 2016 and
is not relevant here. See Sec.  52.38(a)(3), (b)(3), (b)(7); Sec.
52.39(d), (g).
    \7\ Sec.  52.38(a)(4), (b)(4), (b)(8); Sec.  52.39(e), (h).
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    Under the second alternative--a ``full'' SIP revision--a state may
submit a SIP revision that upon approval

replaces a CSAPR federal trading program for the state with a state
trading program integrated with the federal trading program, so long as
the state trading program is substantively identical to the federal
trading program or does not substantively differ from the federal
trading program except as discussed above with regard to the allowance
allocation and/or applicability provisions.\8\ For purposes of a full
SIP revision, a state may either adopt state rules with complete
trading program language, incorporate the federal trading program
language into its state rules by reference (with appropriate conforming
changes), or employ a combination of these approaches.
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    \8\ Sec.  52.38(a)(5), (b)(5), (b)(9); Sec.  52.39(f), (i).
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    The CSAPR regulations identify several important consequences and
limitations associated with approval of a full SIP revision. First,
upon EPA's approval of a full SIP revision as correcting the deficiency
in the state's SIP that was the basis for a particular set of CSAPR FIP
requirements, the obligation to participate in the corresponding CSAPR
federal trading program is automatically eliminated for units subject
to the state's jurisdiction without the need for a separate EPA
withdrawal action, so long as EPA's approval of the SIP is full and
unconditional.\9\ Second, approval of a full SIP revision does not
terminate the obligation to participate in the corresponding CSAPR
federal trading program for any units located in any Indian country
within the borders of the state, and if and when a unit is located in
Indian country within a state's borders, EPA may modify the SIP
approval to exclude from the SIP, and include in the surviving CSAPR
FIP instead, certain trading program provisions that apply jointly to
units in the state and to units in Indian country within the state's
borders.\10\ Finally, if at the time a full SIP revision is approved
EPA has already started recording allocations of allowances for a given
control period to a state's units, the federal trading program
provisions authorizing EPA to complete the process of allocating and
recording allowances for that control period to those units will
continue to apply, unless EPA's approval of the SIP revision provides
otherwise.\11\
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    \9\ Sec.  52.38(a)(6), (b)(10(i); Sec.  52.39(j).
    \10\ Sec.  52.38(a)(5)(iv)-(v), (a)(6), (b)(5)(v)-(vi),
(b)(9)(vi)-(vii), (b)(10)(i); Sec.  52.39(f)(4)-(5), (i)(4)-(5),
(j).
    \11\ Sec.  52.38(a)(7), (b)(11)(i); Sec.  52.39(k).
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III. Criteria for Approval of CSAPR-Related SIP Revisions

    Each CSAPR-related abbreviated or full SIP revision must meet the
following general submittal criteria:
     Timeliness and completeness of SIP submittal. If a state
wants to replace the default allowance allocation or applicability
provisions of a CSAPR federal trading program, the complete SIP
revision must be submitted to EPA by December 1 of the year before the
deadlines described below for submitting allocation or auction amounts
to EPA for the first control period for which the state wants to
replace the default allocation and/or applicability provisions.\12\
This SIP submission deadline is inoperative in the case of a SIP
revision that seeks only to replace a CSAPR FIP and federal trading
program with a SIP and a substantively identical state trading program
integrated with the federal trading program. The SIP submittal
completeness criteria in section 2.1 of appendix V to 40 CFR part 51
also apply.
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    \12\ 40 CFR 52.38(a)(4)(ii), (a)(5)(vi), (b)(4)(iii),
(b)(5)(vii), (b)(8)(iv), (b)(9)(viii); Sec.  52.39(e)(2), (f)(6),
(h)(2), (i)(6).
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    In addition to the general submittal criteria, a CSAPR-related
abbreviated or full SIP seeking to address the allocation or auction of
emission allowances must meet the following further criteria:
     Methodology covering all allowances potentially requiring
allocation. For each federal trading program addressed by a SIP
revision, the SIP revision's allowance allocation or auction
methodology must replace both the federal program's default allocations
to existing units \13\ at 40 CFR 97.411(a), 97.511(a), 97.611(a),
97.711(a), or 97.811(a) as applicable, and the federal trading
program's provisions for allocating allowances from the new unit set-
aside (NUSA) for the state at 40 CFR 97.411(b)(1) and 97.412(a),
97.511(b)(1) and 97.512(a), 97.611(b)(1) and 97.612(a), 97.711(b)(1)
and 97.712(a), or 97.811(b)(1) and 97.812(a), as applicable.\14\ In the
case of a state with Indian country within its borders, while the SIP
revision may neither alter nor assume the federal program's provisions
for administering the Indian country NUSA for the state, the SIP
revision must include procedures addressing the disposition of any
otherwise unallocated allowances from an Indian country NUSA that may
be made available for allocation by the state after EPA has carried out
the Indian country NUSA allocation procedures.\15\
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    \13\ In the context of the approval criteria for CSAPR-related
SIP revisions, an ``existing unit'' is a unit for which EPA has
determined default allowance allocations (which could be allocations
of zero allowances) in the rulemakings establishing and amending
CSAPR. A spreadsheet showing EPA's default allocations to existing
units is posted at www.epa.gov/crossstaterule/techinfo.html.
    \14\ Sec.  52.38(a)(4)(i), (a)(5)(i), (b)(4)(ii), (b)(5)(ii),
(b)(8)(iii), (b)(9)(iii); Sec.  52.39(e)(1), (f)(1), (h)(1), (i)(1).
    \15\ See Sec. Sec.  97.412(b)(10)(ii), 97.512(b)(10)(ii),
97.612(b)(10)(ii), 97.712(b)(10)(ii), 97.812(b)(10)(ii).
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     Assurance that total allocations will not exceed the state
budget. For each federal trading program addressed by a SIP revision,
the total amount of allowances auctioned or allocated for each control
period under the SIP revision (prior to the addition by EPA of any
unallocated allowances from any Indian country NUSA for the state)
generally may not exceed the state's emissions budget for the control
period less the sum of the amount of any Indian country NUSA for the
state for the control period and any allowances already allocated to
the state's units for the control period and recorded by EPA.\16\ Under
its SIP revision, a state is free to not allocate allowances to some or
all potentially affected units, to allocate or auction allowances to
entities other than potentially affected units, or to allocate or
auction fewer than the maximum permissible quantity of allowances and
retire the remainder. Under the CSAPR NOX Ozone Season Group
2 Trading Program only, additional allowances may be allocated if the
state elects to expand applicability to non-EGUs that would have been
subject to the former NOX Budget Trading Program established
for compliance with the NOX SIP Call.\17\
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    \16\ Sec.  52.38(a)(4)(i)(A), (a)(5)(i)(A), (b)(4)(ii)(A),
(b)(5)(ii)(A), (b)(8)(iii)(A), (b)(9)(iii)(A); Sec.  52.39(e)(1)(i),
(f)(1)(i), (h)(1)(i), (i)(1)(i).
    \17\ Sec.  52.38(b)(8)(iii)(A). (b)(9)(iii)(A).
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     Timely submission of state-determined allocations to EPA.
The SIP revision must require the state to submit to EPA the amounts of
any allowances allocated or auctioned to each unit for each control
period (other than allowances initially set aside in the state's
allocation or auction process and later allocated or auctioned to such
units from the set-aside amount) by the following deadlines.\18\ Note
that the submission deadlines differ for amounts allocated or auctioned
to units considered existing units for CSAPR purposes and amounts
allocated or auctioned to other units.
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    \18\ Sec.  52.38(a)(4)(i)(B)-(C), (a)(5)(i)(B)-(C),
(b)(4)(ii)(B)-(C), (b)(5)(ii)(B)-(C), (b)(8)(iii)(B)-(C),
(b)(9)(iii)(B)-(C); Sec.  52.39(e)(1)(ii)-(iii), (f)(1)(ii)-(iii),
(h)(1)(ii)-(iii), (i)(1)(ii)-(iii).

CSAPR NOX Annual, CSAPR NOX Ozone Season Group 1, CSAPR SO2 Group 1, and
                   CSAPR SO2 Group 2 Trading Programs
------------------------------------------------------------------------
                                                         Deadline for
                                      Year of the      submission to EPA
              Units                 control period    of  allocations or
                                                        auction results
------------------------------------------------------------------------
Existing........................  2017 and 2018.....  June 1, 2016.
                                  2019 and 2020.....  June 1, 2017.
                                  2021 and 2022.....  June 1, 2018.
                                  2023 and later      June 1 of the
                                   years.              fourth year
                                                       before the year
                                                       of the control
                                                       period.
Other...........................  All years.........  July 1 of the year
                                                       of the control
                                                       period.
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             CSAPR NOX Ozone Season Group 2 Trading Program
------------------------------------------------------------------------
                                                         Deadline for
                                      Year of the      submission to EPA
              Units                 control period    of  allocations or
                                                        auction results
------------------------------------------------------------------------
Existing........................  2019 and 2020.....  June 1, 2018.
                                  2021 and 2022.....  June 1, 2019.
                                  2023 and 2024.....  June 1, 2020.
                                  2025 and later      June 1 of the
                                   years.              fourth year
                                                       before the year
                                                       of the control
                                                       period.
Other...........................  All years.........  July 1 of the year
                                                       of the control
                                                       period.
------------------------------------------------------------------------

     No changes to allocations already submitted to EPA or
recorded. The SIP revision must not provide for any change to the
amounts of allowances allocated or auctioned to any unit after those
amounts are submitted to EPA or any change to any allowance allocation
determined and recorded by EPA under the federal trading program
regulations.\19\
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    \19\ Sec.  52.38(a)(4)(i)(D), (a)(5)(i)(D), (b)(4)(ii)(D),
(b)(5)(ii)(D), (b)(8)(iii)(D), (b)(9)(iii)(D); Sec.
52.39(e)(1)(iv), (f)(1)(iv), (h)(1)(iv), (i)(1)(iv).
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     No other substantive changes to federal trading program
provisions. The SIP revision may not substantively change any other
trading program provisions, except in the case of a SIP revision that
also expands program applicability as described below.\20\ Any new
definitions adopted in the SIP revision (in addition to the federal
trading program's definitions) may apply only for purposes of the SIP
revision's allocation or auction provisions.\21\
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    \20\ Sec.  52.38(a)(4), (a)(5), (b)(4), (b)(5), (b)(8), (b)(9);
Sec.  52.39(e), (f), (h), (i).
    \21\ Sec.  52.38(a)(4)(i), (a)(5)(ii), (b)(4)(ii), (b)(5)(iii),
(b)(8)(iv), (b)(9)(iv); Sec.  52.39(e)(1), (f)(2), (h)(1), (i)(2).
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    In addition to the general submittal criteria, a CSAPR-related
abbreviated or full SIP revision seeking to expand applicability under
their integrated state trading programs (which is allowed for CSAPR's
NOX ozone season programs only) must meet the following
further criteria:
     Only EGUs with nameplate capacity of at least 15 MWe. The
SIP revision may expand applicability only to additional fossil fuel-
fired boilers or combustion turbines serving generators producing
electricity for sale, and only by lowering the generator nameplate
capacity threshold used to determine whether a particular boiler or
combustion turbine serving a particular generator is a potentially
affected unit. The nameplate capacity threshold adopted in the SIP
revision may not be less than 15 MWe.\22\ In addition or alternatively,
applicability may be extended to non-EGUs that would have been subject
to the former NOX Budget Trading Program established for
compliance with the NOX SIP Call.\23\
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    \22\ Sec.  52.38(b)(4)(i), (b)(5)(i), (b)(8)(i), (b)(9)(i).
    \23\ Sec.  52.38(b)(8)(ii), (b)(9)(ii).
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     No other substantive changes to federal trading program
provisions. The SIP revision may not substantively change any other
trading program provisions, except in the case of a SIP revision that
also addresses the allocation or auction of emission allowances as
described above.\24\
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    \24\ Sec.  52.38(b)(4), (b)(5), (b)(8), (b)(9).
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    In addition to the general submittal criteria and the other
applicable criteria described above, a CSAPR-related full SIP revision
must meet the following further criteria:
     Complete, substantively identical trading program
provisions. The SIP revision must adopt complete state trading program
regulations substantively identical to the complete federal trading
program regulations at 40 CFR 97.402 through 97.435, 97.502 through
97.535, 97.602 through 97.635, 97.702 through 97.735, or 97.802 through
97.835, as applicable, except as described above in the case of a SIP
revision that seeks to replace the default allowance allocation and/or
applicability provisions.\25\
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    \25\ Sec.  52.38(a)(5), (b)(5), (b)(9); Sec.  52.39(f), (i).
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     Only non-substantive substitutions for the term ``State.''
The SIP revision may substitute the name of the state for the term
``State'' as used in the federal trading program regulations, but only
to the extent that EPA determines that the substitutions do not
substantively change the trading program regulations.\26\
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    \26\ Sec. Sec.  52.38(a)(5)(iii), (b)(5)(iv), (b)(9)(v);
52.39(f)(3), (i)(3).
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     Exclusion of provisions addressing units in Indian
country. The SIP revision may not impose requirements on any unit in
any Indian country within the state's borders and must not include the
federal trading program provisions governing allocation of allowances
from any Indian country NUSA for the state.\27\
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    \27\ Sec. Sec.  52.38(a)(5)(iv), (b)(5)(v), (b)(9)(vi);
52.39(f)(4), (i)(4).
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IV. New York's Submittal and EPA's Analysis

A. New York's SIP Submittal

    On December 1, 2015, New York submitted to EPA an abbreviated SIP
revision that, if approved, would replace the default allowance
allocation provisions of the CSAPR SO2 Group 1, CSAPR
NOX Annual, and CSAPR NOX Ozone Season Trading
Programs for the state's EGUs for the control periods in 2017 and
beyond with provisions establishing state-determined allocations for
those control periods but would leave the corresponding CSAPR FIPs and
all other provisions of the trading programs in place.
    The SIP submittal includes the following adopted state rules: 6
NYCRR Part 243, ``Transport Rule NOX Ozone Season Trading
Program,'' 6 NYCRR Part 244, ``Transport Rule NOX Annual
Trading Program,'' and 6 NYCRR Part 245, ``Transport Rule
SO2 Trading Program.'' Previous versions of the rules
developed for state participation in the Clean Air Interstate Rule \28\
(CAIR), i.e., 6 NYCRR Part 243, ``CAIR NOx Ozone Season Trading
Program,'' 6 NYCRR Part 244, ``CAIR NOX Annual Trading
Program,'' and 6 NYCRR Part 245, ``CAIR SO2 Trading
Program,'' have been repealed and replaced in their entirety with the
new rules. Attendant revisions were made to 6 NYCRR Part 200, ``General
Provisions,'' to update the list of referenced material that are cited
in the amended New York regulations. The regulations were adopted on
November 10, 2015, and effective on December 12, 2015.
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    \28\ 70 FR 25162 (May 12, 2005).
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    As discussed in section I, EPA is not acting at this time on the
portion of New York's SIP submittal addressing 6 NYCRR Part 243, which
will be addressed in another rulemaking at a later date. In this
rulemaking, EPA is addressing NYCRR Parts 244, 245, and 200.

    New York's Parts 244 and Part 245 allow the State to replace the
provisions of the CSAPR NOX Annual and SO2 Group
1 trading program allocation methodology with its own methodology.
Parts 244 and 245 apply to units that serve an electrical generator
with a nameplate capacity equal to or greater than 25 megawatts of
electrical output and sell any amount of electricity. The control
periods for Parts 244 and 245 run from January 1 to December 31. DEC
would allocate allowances for control periods beginning on or after
January 1, 2017.
    For existing units, New York's allocation methodology is based on
the average of recent emissions (i.e., the average of the 3 last years
for which data is available) from all New York Transport Rule units.
Five percent of the statewide budgets for annual emissions of
SO2 and NOX would be set aside for new units, and
the remainder of the statewide budgets, but at least ten percent, will
be allocated to the Energy Efficiency and Renewable Energy Technology
(EERET) account. If the allocation to the EERET account would be less
than the prescribed minimum after allocations to existing units based
on the 3-year average of emissions and an allocation of five percent to
the new unit set-aside, allocations to existing units would be reduced
proportionally by the amounts necessary to ensure that ten percent of
the budget is allocated to the EERET account.
    The DEC will distribute all allowances at no cost with the
exception of allowances held in the EERET account, which will be
administered by the New York State Energy Research and Development
Authority (NYSERDA). The sale of allowances by NYSERDA will be used to
fund energy efficiency projects, renewable energy, or clean energy
technology. Any EERET allowances that are not sold or distributed by
NYSERDA within 12 months of the initial allocation to the EERET account
will be returned to the DEC for retirement or reallocation.
    As discussed more fully below, in a July 14, 2016 letter to EPA,
DEC committed to revising 6 NYCRR Parts 244 and 245, and submitting a
revised SIP submittal no later than July 14, 2017 to address EPA
comments provided to the DEC via email on June 2, 2016. In the July 14,
2016 letter to EPA, DEC committed to revising the regulations in
accordance with an enclosed document entitled ``NYSDEC Responses to EPA
Comments on New York's Annual CSAPR Rules.'' In a November 28, 2016
email to DEC, EPA identified additional deficiencies. In a March 24,
2017 letter to EPA, DEC indicated that the State had commenced the
regulatory process to correct additional deficiencies identified by EPA
and committed to complete that process and submit a SIP revision by
September 15, 2017. In a July 6, 2017 letter, DEC revised the date for
correcting deficiencies and submitting a SIP revision to December 29,
2017.
    New York's December 1, 2015 SIP submission, and July 14, 2016,
March 24, 2017, and July 6, 2017 commitment letters to EPA, as well as
EPA's comments provided to the DEC on June 2, 2016, and November 28,
2016 can be found in the electronic docket for this proposed action at
www.regulations.gov.

B. EPA's Analysis of New York's Submittal

1. Timeliness and Completeness of New York's SIP Submittal
    New York's SIP revision seeks to establish state-determined
allocations of CSAPR NOX Annual and SO2 Group 1
allowances, starting with the control periods in 2017. Under 40 CFR
52.38(a)(4)(i)(B) and 52.39(e)(1)(ii), the deadline for submission of
state-determined allocations for the 2017 and 2018 control periods is
June 1, 2016, which under 52.38(a)(4)(ii) and 52.39(e)(2) makes
December 1, 2015, the deadline for submission to EPA of a complete SIP
revision establishing state-determined allocations for those control
periods. New York submitted its SIP revision to EPA by letter dated and
delivered electronically on December 1, 2015, and EPA has determined
that the submittal complies with the applicable minimum completeness
criteria of 40 CFR part 51, Appendix V, Section 2.1. Because the New
York SIP revision was timely submitted and meets the applicable
completeness criteria, it meets the criteria under 40 CFR
52.38(a)(4)(ii) and 52.39(e)(2).
2. Methodology Covering All Allowances Potentially Requiring Allocation
    Sections 244.3 through 244.6, and 245.3 through 245.6 of the New
York rules provide the allocation methodology adopted by New York in
the SIP revision. Sections 244.3 through 244.6 replace the provisions
of 40 CFR 97.411(a), 97.411(b)(1), and 97.412(a) for allocations of
NOX Annual allowances; Sec. Sec.  245.3 through 245.6
replace the provisions of 40 CFR 97.611(a), 97.611(b)(1), and 97.612(a)
for allocations of SO2 Group 1 allowances. New York's
methodology addresses allocation of allowances that under the default
allocation provisions for the Federal trading programs would be
allocated to existing units as well as allowances that would be
allocated to new units from the new unit set-asides established for New
York under the Federal trading programs.
    Several provisions of New York's allocation methodology are
inconsistent with the CSAPR SIP approval criteria, including as
follows:
     Sections 244.4(b) and 245.4(b) indicate that if the DEC
fails to submit allowance allocations, EPA will, for the applicable
control period, allocate the allowances based on EGUs' proportional
shares of the allocations for the previous control period. CSAPR rules
do not allow a SIP revision under which EPA would be required to
compute new allocations on a state's behalf.
     New York's rules do not include provisions for the
disposition of any otherwise unallocated Indian country new unit set-
aside allowances made available to the State for reallocation.
     EPA believes there is a lack of clarity regarding when
EGUs would be considered ``existing'' or ``new'' units for purposes of
determining whether they would receive allocations under Sec. Sec.
244.3 and 245.3 or under Sec. Sec.  244.5 and 245.5, respectively, and
also which years of emissions data would be used to determine their
allocations. For example, given EPA's understanding that New York
generally intends for covered EGUs to be eligible to receive allowance
allocations for each year of the programs either as existing units or
as new units, the provisions in Sec. Sec.  244.3(b)(2) and 245.3(b)(2)
basing allowance allocations to existing units on three years of
historical emissions data, combined with the requirements under 40 CFR
52.38(a)(4)(i)(B) and 52.39(e)(1)(ii) for New York to submit its
allocations for existing units to EPA up to four years in advance, are
inconsistent with the provisions in Sec. Sec.  244.5(a)(3) and
245.5(a)(3) stating that EGUs may receive allocations from the new unit
set-asides for no more than four years. In addition, Sec. Sec.
244.5(a) and 245.5(a) describe EGUs commencing operation after May 1,
2010 as eligible to receive allocations from the new unit set-asides,
but that date appears to be irrelevant under the procedures set forth
in the other rule provisions.
3. Assurance That Total Allocations Will Not Exceed the State Budget
    Sections 244.3, Transport Rule NOX Annual Trading
Program budgets, and 245.3, Transport Rule SO2 Group 1
Trading Program budgets, set forth the total amounts of CSAPR
NOX Annual allowances and CSAPR SO2 Group 1
allowances to be allocated to New York

units for each control period under the state trading programs.
    Sections 244.3 and 245.3 provide incorrect citations, and therefore
incorrect CSAPR Phase 2 state budgets, for New York. Part 244 cites the
North Carolina NOX Annual budget at 40 CFR 97.410(a)(15),
which is 41,553 tons, instead of the New York NOX Annual
budget at 40 CFR 97.410(a)(14), which is 21,722 tons. Part 245 cites
the West Virginia SO2 Group 1 budget at 40 CFR
97.610(a)(15), which is 75,688 tons, instead of the New York
SO2 Group 1 budget at 40 CFR 610(a)(9), which is 27,556
tons. In addition, New York's rules do not exclude the amounts of the
Indian country new unit set-asides for New York (22 tons under the NOx
Annual Trading Program and 28 tons under the SO2 Group 1
Trading Program) from the total amounts of allowances to be allocated
by the State. As such, New York's rules do not currently provide
assurance that total allocations will not exceed the amounts of New
York's budgets under the Federal trading program rules. However, as
noted below, on November 30, 2015, New York submitted allocations for
existing units to EPA for the 2017 and 2018 control periods in
accordance with the intent of its rules. Those allocation amounts were
based on the correct New York budget amounts, not the higher budget
amounts indicated by the incorrect CFR references in the state rules.
Further, in response to EPA's comments on the SIP submission, New York
subsequently submitted slightly revised allocations that properly
exclude the amounts of the Indian country new unit set-asides from the
total amounts allocated. On July 27, 2017, New York also submitted
allocations for existing units to EPA for the 2019 and 2020 control
periods that were based on the correct budget amounts. In light of the
fact that the actual allocations submitted do not exceed the amounts of
New York's budgets, EPA believes that the incorrect rule provisions do
not preclude conditional approval of the SIP submission while New York
works to correct the errors.
4. Timely Submission of State-Determined Allocations to EPA
    Sections 244.4 and 245.4 provide for allowance allocations for
existing units to be submitted to EPA for the 2017 and 2018 control
periods by December 1, 2015. New York in fact submitted such
allocations to EPA on November 30, 2015 (and later adjusted the
allocations slightly in order to address EPA's comments on the SIP
submission). Sections 244.5(a)(7), and 245.5(a)(7) indicate that the
DEC will submit State-determined NUSA allocations to the EPA by October
31 of the control period.
    The submission deadline of December 1, 2015 precedes the June 1,
2016 deadline discussed in section III above for existing units for the
2017 and 2018 control periods. New York, however, has not addressed
intended deadlines to submit allocations to existing units for future
control periods beyond 2018. New York's SIP revision meets the criteria
under 40 CFR 52.38(a)(4)(i)(B) and 52.39(e)(1)(ii) for the 2017 and
2018 control periods only. EPA notes that New York's revised rules must
conform with the requirements in 40 CFR 52.38(a)(4)(i)(B) and
52.39(e)(1)(ii), which require allocations to be submitted up to four
years in advance of the control period for future years.
    In sections 244.5(a)(7), and 245.5(a)(7) New York has included an
annual deadline of October 31st of the year of the control period for
submission of NUSA allocations to EPA. The October 31st date is beyond
the July 1st annual submission deadline for amounts allocated or
auctioned to units other than existing units (also discussed in section
III of this notice). New York's SIP revision therefore does not meet
the timing requirements for annual submission of NUSA allocations under
40 CFR 52.38(a)(4)(i)(C) and 52.39(e)(1)(iii).
5. No Changes to Allocations Already Submitted to EPA or Recorded
    The New York rules include no provisions allowing alteration of
allocations after the allocation amounts have been provided to EPA and
no provisions allowing alteration of any allocations made and recorded
by EPA under the federal trading program regulations, thereby meeting
the condition under 40 CFR 52.38(a)(4)(i)(D) and 52.39(e)(1)(iv).
6. No Other Substantive Changes to Federal Trading Program Provisions
    It is apparent from the overall design of New York's rules that
they are intended only to establish State-determined allowance
allocation procedures and otherwise to coordinate with the federal
trading program rules. However, in their current form the rules contain
a number of provisions that require revision in order to not
substantively modify the federal trading program provisions, including:
     As mentioned previously in section II of this notice,
under an ``abbreviated'' SIP revision, a state may replace only the
allowance allocation and/or applicability provisions of a CSAPR federal
trading program. However, the applicability sections of the New York's
NOX Annual and SO2 Group 1 rules, specifically
Sec. Sec.  244.1(a) and 245.1(a), incorporate almost the entire CSAPR
NOX Annual and SO2 Group 1 regulations, not just
the provisions related to allocations. New York's 244.1(a) incorporates
40 CFR Sections 97.401 through 97.410 and 97.413 through 97.435. New
York's 245.1(a) incorporates 40 CFR Sections 97.601 through 97.610 and
97.613 through 97.635. Similarly, in Sec. Sec.  244.2 and 245.2,
certain terms used throughout the trading programs, including
``Administrator'' and ``Designated representative,'' are defined only
with reference to New York's rules when they should be defined with
reference to the federal regulations.
     New York's 6 NYCRR Sec. Sec.  244.1(d)(2) and 245.1(d)(2),
include provisions for DEC to respond to petitions for determinations
of applicability. Under 40 CFR 97.404 and 97.604, responding to
petitions for determinations of applicability is an EPA responsibility.
     New York's rules use the term ``Transport Rule'' in Parts
244 and 245 instead of the term ``TR'' used in the CSAPR regulations as
originally promulgated (i.e., ``Transport Rule NOX annual
allowances'' instead of ``TR NOX Annual allowances''). In
the CSAPR Update, EPA changed ``TR'' to ``CSAPR'' throughout the
regulations for all the CSAPR trading programs. New York should update
its rules to replace ``Transport Rule'' with ``TR'', or preferably with
``CSAPR'' to reflect the nomenclature changes from the CSAPR
Update.\29\
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    \29\ 81 FR 74504 (October 26, 2016).
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     EPA has identified several additional instances of
incorrect cross-references in Parts 244, 245, and 200, as well as
technical corrections needed to Parts 244, and 245, and 200 to reflect
the changes from the CSAPR Update. The specific instances are
identified in EPA's comments, which are available in the docket.
    Except as noted above, EPA has determined that the SIP revision
meets the requirements of 40 CFR 52.38(a)(4) and 52.39(e) by making no
substantive changes to the Federal trading program regulations beyond
the provisions addressing allowance allocations.

V. EPA's Proposed Action on New York's Submittal

    The EPA is proposing to conditionally approve the New York SIP
revision submitted on December 1, 2015 concerning allocations to New
York units of CSAPR NOX Annual allowances and CSAPR
SO2 Group 1 allowances for

the control periods in 2017 and 2018, and future control periods beyond
2018. This rule proposes to conditionally approve into the New York SIP
amendments to 6 NYCRR Parts 244 and 245 that incorporate CSAPR
requirements into the State rules, and allows the DEC to allocate CSAPR
allowances to regulated entities in New York. EPA is also proposing to
conditionally approve the attendant revisions to 6 NYCRR Part 200 to
update the list of referenced materials cited in the amended New York
regulations.
    The proposed conditional approval of Parts 200, 244, and 245 is
based upon DEC's commitment to make the necessary changes, identified
in the July 14, 2016, March 4, 2017, and July 6, 2017 commitment
letters, to New York's 6 NYCRR Part 244, ``Transport Rule
NOX Annual Trading Program,'' Part 245, ``Transport Rule
SO2 Group 1 Trading Program,'' and Part 200, ``General
Provisions.'' See section IV B. of this notice concerning New York's
budget, allowance allocation methodology, timing of submission of
allocations, replaceable provisions of a CSAPR federal trading program
under an abbreviated SIP, applicability determinations, and other
substantive changes to the CSAPR Federal trading program regulations.
    Following the conditional approval of Part 200, Part 244, and Part
245, allocations of CSAPR NOX Annual allowances and CSAPR
SO2 Group 1 allowances will be made according to the
provisions of New York's SIP (as modified by the DEC's July 14, 2016,
March 24, 2017, and July 6, 2017 commitment letters to EPA) instead of
40 CFR 97.411(a), 97.411(b)(1), 97.412(a), 97.611(a), 97.611(b)(1), and
97.612(a). EPA's action on this SIP revision does not alter any
provisions of the Federal CSAPR NOX Annual Trading Program
and the Federal CSAPR SO2 Group 1 Trading Program as applied
to New York units other than the allowance allocation provisions, and
the FIPs requiring the units to participate in the programs (as
modified by this SIP revision) remain in place. EPA is proposing to
conditionally approve Part 200, Part 244 and Part 245 because New
York's rules (when modified by the DEC as indicated in its July 14,
2016, March 24, 2017, and July 6, 2017 commitment letters to EPA) will
meet the requirements of the CAA and EPA's regulations for an
abbreviated SIP revision and will replace EPA's default allocations of
CSAPR emission allowances with state-determined allocations, as
discussed in section IV.B above.
    Under CAA section 110(k)(4), the EPA may approve a SIP revision
based on a commitment by a State to adopt specific enforceable measures
by a date certain, but not later than one year after the date of final
conditional approval. If the State fails to meet its commitment to
submit a revised SIP by December 29, 2017 [i.e., the date of commitment
from the state's July 6, 2017 letter], or if the EPA finds the State's
revisions to be incomplete, or the EPA disapproves the State's
revisions, the conditional approval will, by operation of law, become a
disapproval. EPA would notify the State by letter that such action has
occurred. At that time, the SIP revisions in question would not be part
of the approved SIP. If that were to occur, EPA would subsequently
publish a document in the Federal Register notifying the public that
the conditional approval automatically converts to a disapproval.\30\
If, however, the State meets its commitment within the applicable
timeframe, EPA would subsequently publish in the Federal Register a
document notifying the public that EPA intends to convert the
conditional approval to a full approval.
---------------------------------------------------------------------------

    \30\ In the event the conditional approval automatically reverts
to a disapproval, the validity of allocations made pursuant to the
SIP revision before the date of such reversion would not be
affected.
---------------------------------------------------------------------------

    Because a FIP already in place satisfies New York's obligations to
mitigate interstate transport air pollution, should a disapproval
become finalized as noted above, the EPA will not be required to take
further action. Additionally, since the SIP submission is not required
in response to a SIP call under CAA section 110(k)(5), mandatory
sanctions under CAA section 179 would not apply because the
deficiencies are not with respect to a submission that is required
under CAA title I part D.

VI. Incorporation By Reference

    In this rule, the EPA is proposing action that will involve
adoption of regulatory text that includes incorporation by reference.
In accordance with requirements of 1 CFR 51.5, the EPA is proposing to
incorporate by reference revisions to 6 NYCRR Parts 200, 244, and 245
as previously discussed. The EPA has made, and will continue to make,
these materials generally available through www.regulations.gov, and/or
at the EPA Region 2 Office (please contact the person identified in the
For Further Information Contact section of this preamble for more
information).

VII. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the CAA and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this proposed 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 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 Clean Air Act; 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, 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. Thus Executive Order 13175 does not apply to this
action.

List of Subjects in 40 CFR Part 52

    Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Intergovernmental
relations, Nitrogen Dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides.

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

    Dated: August 18, 2017.
Catherine R. McCabe,
Acting Regional Administrator, Region 2.
[FR Doc. 2017-18290 Filed 8-28-17; 8:45 am]
BILLING CODE 6560-50-P


June 2015

MEMORANDUM

SUBJECT:	Vocational Vehicle Segmentation and Drive Cycle Development

FROM:	Rafal A. Sobotowski, Engineer, OTAQ/ASD

TO:	Greenhouse Gas Emissions Standards and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles - Phase 2 - Docket EPA-HQ-OAR-2014-0827

The first attempt at segmentation of vocational vehicles and the development of representative drive cycles for the respective segments was carried out by the National Renewable Energy Laboratory (NREL) using their Fleet DNA database and the DRIVE analysis tool.  The effort was focused on segmenting vocational vehicles according to the type of operation, namely transient, highway and engine idling.  The most successful approach at this stage consisted of splitting the vocational vehicle fleet into two segments:

   * Stem and Leaf characterized by 30-60% of total distance being driven at highway speeds (defined as >55 mph)
   * Fixed/Local Route distinguished by no more that 15% of total distance being driven at highway speeds
Plots showing the distribution of transient, highway and idling operation across the weight classes and vocations of vehicles with data in NREL's database are provided in Figure 1.  The Stem and Leaf and Fixed/Local Route segments are shown in Figures 2 and 3, respectively.

Figure 1.  Distribution of transient, highway and idling operation acros weight classes and vocations

Figure 2:  Distribution of transient, highway and idling operation across the Stem and Leaf segment

Figure 3:  Distribution of transient, highway and idling operation acros the Fixed/Local Route segment

Once the two segments were defined, NREL's DRIVE tool was used to design the respective transient cycles using vehicle activity data contained in their Fleet DNA database.  The resulting Stem and Leaf and Fixed/Local Route drive cycles are illustrated in Figures 4 and 5.  They were based on test data collected for 103 and 135 vehicles, respectively.  The target duration for these cycles was set at 30 minutes.  For comparison, the reference CARB HHDDT Transient cycle is illustrated in Figure 6.

While Figures 4-6 illustrate NREL's capability to design drive cycles using their DRIVE tool, the underlying vehicle activity datasets were nevertheless deemed insufficient to comprehensively characterize the US fleet of vocational vehicles.

In order to correct this shortcoming, NREL and the EPA have initiated contacts with chassis manufacturers and large vocational vehicle fleets to obtain additional data to fill in the gaps.  This effort is still underway. The final segmentation of the vocational vehicle fleet and generation of drive cycles for the respective segments is expected by the end of 2015.

                Figure 4:  Candidate Stem and Leaf drive cycle

                   Figure 5:  Fixed/Local Route drive cycle

                       Figure 6:  CARB HHDDT drive cycle


[Federal Register Volume 80, Number 66 (Tuesday, April 7, 2015)]
[Notices]
[Page 18662]
[FR Doc No: 2015-08021]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold a Closed Meeting on Thursday, April
9, 2015 at 2 p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the Closed Meeting.
Certain staff members who have an interest in the matters also may be
present.
    The General Counsel of the Commission, or her designee, has
certified that, in her opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR
200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the
scheduled matter at the Closed Meeting.
    Commissioner Gallagher, as duty officer, voted to consider the
items listed for the Closed Meeting in closed session, and determined
that no earlier notice thereof was possible.
    The subject matter of the Closed Meeting will be:
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings;
    an adjudicatory matter; and
    Other matters relating to enforcement proceedings.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact the Office of the
Secretary at<PHONE_NUMBER>.

    Dated: April 2, 2015.
Brent J. Fields,
Secretary.
[FR Doc. 2015-08021 Filed 4-3-15; 11:15 am]
BILLING CODE CODE 8011-01-P


[Federal Register Volume 79, Number 69 (Thursday, April 10, 2014)]
[Notices]
[Pages 19902-19903]
[FR Doc No: 2014-07966]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM10-12-010]

Notice Of Filing; Electricity Market Transparency Provisions of
Section 220 of the Federal Power Act

    Take notice that on April 2, 2014, the California Department of
Water Resources, CERS Division filed a request for waiver of Order No.
768 Reporting Requirements.\1\
---------------------------------------------------------------------------

    \1\ Electricity Mkt. Transparency Provisions of Section 220 of
the Fed. Power Act, Order No. 768, 140 FERC ] 61,232 (2012), order
on reh'g, Order No. 768-A, 143 FERC ] 61,054 (2013).
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    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 email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call

(866) 208-3676 (toll free). For TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on April 23, 2014.

    Dated: April 3, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-07966 Filed 4-9-14; 8:45 am]
BILLING CODE 6717-01-P