[Federal Register: December 28, 2007 (Volume 72, Number 248)]
[Rules and Regulations]
[Page 73625-73626]
[DOCID:fr28de07-12]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 65

[EPA-HQ-OAR-2007-0429; FRL-8511-7]
RIN 2060-A045

Revisions to Consolidated Federal Air Rule; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Correcting amendments.

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SUMMARY: The EPA issued a final rule on August 27, 2007 (effective date
November 26, 2007) that revised the General Provisions for Consolidated
Federal Air Rule to allow extensions to the deadline imposed for source
owners and operators to conduct required performance tests in specified
force majeure circumstances. The final rule inadvertently stated that
we were revising paragraph (c) introductory text when we actually added
introductory text to paragraph (c). The purpose of this action is to
correct this error.
    This action merely addresses a formatting issue. Thus, it is proper
to issue this notice without notice and comment. Section 553 of the
Administrative Procedure Act (APA), 5 U.S.C. 553(b)(B), provides that,
when an Agency for good cause finds that notice and public procedure
are impracticable, unnecessary, or contrary to the public interest, the
Agency may issue a rule without providing notice and an opportunity for
public comment. We have determined that there is good cause for making
this action final without prior proposal and opportunity for comment
because the change to the rule is a minor technical correction, is
noncontroversial, and does not substantively change the agency actions
taken in the final rule. Thus, notice and public procedure are
unnecessary. We find that this constitutes good cause under 5 U.S.C.
553(b)(B).

DATES: This correction is effective December 28, 2007.

FOR FURTHER INFORMATION CONTACT: Ms. Lula Melton, Air Quality
Assessment Division (C304-02), Office of Air Quality Planning and
Standards, U.S. Environmental Protection Agency, Research Triangle
Park, North Carolina 27711; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    The EPA issued a final rule on August 27, 2007 (72 FR 48938) that
allows source owners or operators, in the event of a force majeure, to
petition the Administrator for an extension of the deadline(s) by which
they are required to conduct a performance test required by the
Consolidated Federal Air Rule. A ``force majeure'' is defined as an
event that will be or has been caused by circumstances beyond the
control of the affected facility, its contractors, or any entity
controlled by the affected facility that prevents the owner or operator
from complying with the regulatory requirement to conduct performance
tests within the specified timeframe, despite the affected facility's
best efforts to fulfill the obligation. Examples of such events are
acts of nature, acts of war or terrorism, or equipment failure or
safety hazard beyond the control of the affected facility.

II. Summary of Amendment

    The EPA promulgated revisions to the General Provisions for
Consolidated Federal Air Rule on August 27, 2007. Afterwards, we
realized that we inadvertently stated that we were revising paragraph
(c) introductory text when we actually added introductory text to
paragraph (c). The purpose of this action is to correct this error.

III. Statutory and Executive Order Reviews

    Under Executive Order 12866, Regulatory Planning and Review (58 FR
51735, October 4, 1993), this action is not a ``significant regulatory
action'' and is, therefore, not subject to review by the Office of
Management and Budget (OMB). This action is not a ``major rule'' as
defined by 5 U.S.C. 804(2). The technical correction does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    Because EPA has made a ``good cause'' finding that this action is
not subject to notice and comment requirements under the APA or any
other statute, it is not subject to the regulatory flexibility
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), or
to sections 202 and 205 of the Unfunded Mandates Reform Act of 1995
(UMRA)(Pub. L. 104-4). In addition, this action does not significantly
or uniquely affect small governments or impose a significant
intergovernmental mandate, as described in sections 203 and 204 of the
UMRA.
    The correction does not have a substantial direct effect on the
States, or on the relationship between the national Government and the
States, or on the distribution of power and responsibilities among the
various levels of Government, as specified in Executive Order 13132,
Federalism (64 FR 43255, August 10, 1999).
    Today's action also does not significantly or uniquely affect the
communities of tribal governments, as specified by Executive Order
13175, Consultation and Coordination with Indian Tribal Governments (65
FR 67249, November 9, 2000). The technical correction also is not
subject to Executive Order 13045, Protection of Children from
Environmental Health and Safety Risks (62 FR 19885, April 23, 1997)
because this action is not economically significant.
    The correction is not subject to Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May 22, 2001) because this action is
not a significant regulatory action under Executive Order 12866.
    The correction does not involve changes to the technical standards
related to test methods or monitoring requirements; thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272) do not apply.
    The correction also does not involve special consideration of
environmental justice-related issues as required by Executive Order
12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations (59 FR 7629, February 16, 1994).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA),
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the U.S. The EPA will submit a report containing this final
action and other required information to the U.S. Senate, the U.S.
House of Representatives, and the Comptroller General of the U.S. prior
to publication of today's action in the Federal Register. Today's
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). The final
rule will be effective December 28, 2007.

List of Subjects in 40 CFR Part 65

    Air pollution control, Environmental protection, Intergovernmental
relations, Reporting and recordkeeping requirements.

    Dated: December 20, 2007.
Robert J. Meyers,
Principal Deputy Assistant Administrator, Office of Air and Radiation.

0
For the reasons stated in the preamble, title 40, chapter I, part 65 of
the Code of Federal Regulations is amended as follows:

PART 65--[AMENDED]

0
1. The authority citation for part 65 continues to read as follows:

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

Subpart A--[Amended]

0
2. In Sec.  65.157, introductory text for paragraph (c) is added
following the paragraph (c) heading to read as follows:

Sec.  65.157  Performance test and flare compliance determination
requirements.

* * * * *
    (c) * * * Except as specified in paragraphs (c)(1)(viii),
(c)(1)(ix), (c)(1)(x), and (c)(1)(xi) of this section, unless a waiver
of performance testing or flare compliance determination is obtained
under this section or the conditions of another subpart of this part,
the owner or operator shall perform such tests specified in the
following:
* * * * *

 [FR Doc. E7-25293 Filed 12-27-07; 8:45 am]

BILLING CODE 6560-50-P


Table 1: Annual Agency Burden and Cost, NSPS for Iron and Steel Plants:

Basic Oxygen Process Furnaces ( 40 CFR Part 60, Subparts N and Na)

( A) ( B) ( C) ( D) ( E)

Code EPA hours/ Occurrences/ EPA hours/ Plants/ Hrs/

Activity Occurrence plant/ year plant year year a year b Initial Requirements: c, d Performance test 24 1 24 0.33 7.92 Notification requirements 4 1 4 0.33 1.32 Review performance test results 8 1 8 0.33 2.64 Regular Requirements:

Semiannual reports e 5 2 10 4.33 43.30 TOTAL ANNUAL HOURS 55.18 Travel Expenses ( 1 person * 0.66 plants/ year f * 3 days/ plant * $ 75 per diem) + ($ 150 round trip/ plant * .66 plants/ year) = $ 247.50/ year Salary ( 1 person * 55.18 hours/ year * $ 38.30/ hour) g

$ 2,113.39/ year TOTAL ANNUAL COST = $ 2,360.89 ASSUMPTIONS a There are only 3 BOFs shops out of 19 BOFs shops at 17 facilities operating in the United States, subject to NSPS Subpart N and Na. A source is subject to NSPS Subpart N if constructed, reconstructed or modified after June 11, 1973, but on or before January 20, 1983. A source is subject to NSPS Subpart Na if constructed, reconstructed or modified, including furnaces, skimming stations and hot metal transfer stations, after January 20, 1983. There is an average of 2.2 vessels per BOPF shop.

b E = C* D c Assume that one basic oxygen process furnace ( BOPF) shop over the next three years will become subject to NSPS Subpart Na due to modifications/ reconstruction related to its furnaces, skimming stations and/ or hot metal transfer stations and will submit initial notifications and conduct performance test.

d Assume that the BOPF shop that was closed during the period of the active ICR, which has a vessel subject to NSPS Subpart Na that will reopen within the next six months and will have to submit an initial notification and conduct a performance test.

e Assume that all four existing BOF shops ( including the shop that will reopen within the first year of this ICR) subject to this rule will submit semiannual reports with all measurements over any three hour period ( e. g., of low pressure) that average more than 10 percent below the averages during the most recent performance test.

f Asume that regulators will oversee the initial performance test of the BOF shop that becomes subject to this rule due to modifications and of the BOF shop that has a vessel subject to this rule and will reopen during the first year of this ICR ( a total of two tests or 0.66 tests/ year).

g This cost is based on the average hourly labor rates of a GS 12 in the technical category, as specified by the Office of Personnel Management " 2002 General Schedule" ( excludes locality rates of pay), times a 1.6 benefits multiplication factor for a total of $ 38.30 ($ 23.94 x 1.6) which accounts for government overhead expenses. Table 2. Annual Respondent Burden and Cost , NSPS for Iron and Steel Plants:

Basic Oxygen Process Furnaces ( 40 CFR Part 60, Subparts N and Na)

Occurrences/ Hours/ Cost Codes Hours per respondent/ respondent/ Respondents Hours per occurrence year year per year per year year b ( A) ( B) ( C = A * B) ( D) a ( E = C * D) ( F= E*$ 57.12)

1. APPLICATIONS _____________________________ Not Applicable___________________________________

2. SURVEY AND STUDIES _________________________ ___ Not Applicable____________________________________

3. REPORTING REQUIREMENTS A. Read Instructions 1 1 1 0.33 0.33 18.85 B. Required Activities Initial performance test c 194 1 194 0.33 64.02 3,656.82 Performance test d 194 1 194 0.33 64.02 3,656.82 Daily monitoring of operations Included in 4E Monitoring Device annual checkups / recalibration Included in 4E C. Create Information Included in 3B D. Gather Existing Information Included in 3E E. Write Report Notification requirements c 2 2 4 0.66 2.64 150.80 Report of performance test c, d 32 1 32 0.66 21.12 1,206.37 Semiannual reports e 10 2 20 4.33 86.60 4,946.59 4. RECORDKEEPING REQUIREMENTS A. Read Instructions Included in 3A B. Plan Activities Included in 3B C. Implement Activities Included in 3B D. Develop Record System _____________________________ Not Applicable___________________________________

E. Time to Enter Information Records of operating parameters of CMS  Exhaust ventilation rate f, g 0.25 365 91.25 4.33 395.11 22,568.68  Pressure drop and pressure flow ( venturi scrubbers) f, h 0.25 365 91.25 3.00 273.75 15,636.60 Recalibrate and check monitoring devices i 8 1 8 4.33 34.64 1,978.64 F. Train Personnel Certification of opacity observer j, k 8 2 16 4.33 69.28 3,957.27 G. Audits ______________________________ Not Applicable _________________________________

5. TOTAL ANNUAL BURDEN 1,011.51 57,777.44 continuation . . .

ASSUMPTIONS a There are only 3 BOFs shops out of 19 BOFs shops at 17 facilities currently operating in the United States, subject to NSPS Subparts N and Na. A source is subject to NSPS Subpart N if constructed, reconstructed or modified after June 11, 1973 but on or before January 20, 1983. A source is subject to NSPS Subpart Na if constructed, reconstructed or modified, including furnaces, skimming stations and hot metal transfer stations, after January 20, 1983. We have assumed that there is an average of 2.2 vessels per BOF shop.

b Assume a technical labor rate of $ 57.12 per hour. This rate is from the United States Department of Labor, Bureau of Labor Statistics, March 2001,

" Table 10. Private industry, by occupational and industry group." The rates are from column 1, " Total compensation." The wage rate has been increase by 110% to account for the benefit packages available to those employed by private industry. This amount was multiplied by the hours per year in Column E.

c Assume that one BOF shop over the next three years will become subject to NSPS Subpart Na due to modifications/ reconstruction related to its furnaces,

skimming stations and/ or hot metal transfer stations and will submit initial notifications and conduct performance test..

d Assume that one of the two BOFs shops that have been closed within the past three years and will reopen within the first year of this ICR which has a vessel subject to NSPS Subpart Na will be require to submit initial notifications and conduct a performance test .

e Assume that all four existing BOFshops ( including the one that will reopen within the first year of this ICR) subject to this rule will submit semiannual reports with all measurements over any three hour period ( e. g., of low pressure) that average more than 10 percent below the averages during the most recent performance test.

f Assume operation 365 days per year as specified in the NSPS review document. In addition, we have assume that the BOPF shop that will become subject to this rule uses a venturi scrubber for primary emission control.

g Assume that all four BOFP shops and the BOF that will become subject to this rule would need to meet the monitoring requirements.

h Assume that two operating BOF shops subject to this rule and one shop that will reopen during the first year of this ICR rule use venturi scrubbers as primary emission control systems and have reportable low pressure. The other operating BOF shop subject to this rules uses a electrostatic precipitator as the primary emission control.

i Assume that BOFs shops subject to this rule will have to recalibrate monitoring devices on an average of twice a year to keep them functioning well. Sources are required to recalibrate and check monitoring devices at least annually, as required by NSPS, Subpart N and Na and at other times, if required.

j Assume that all BOFP shops subject to this rule will have one certified opacity observer. Certification of opacity observers is valid for a six month period according to Method k. Only qualify observers are allowed to do opacity observations during performance tests.


[Federal Register Volume 86, Number 152 (Wednesday, August 11, 2021)]
[Notices]
[Page 44010]
[FR Doc No: 2021-17136]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 7656-000]

Village of Highland Falls High-Point Utility, LDC; Notice of
Existing Licensee's Failure To File a Notice of Intent To File a
Subsequent License Application, and Soliciting; Notices of Intent To
File a License Application and Pre-Application Documents

    The current license for Buttermilk Falls Hydroelectric Project No.
7656 (Buttermilk Falls Project) was issued to the original licensee,
John A. Dodson, on June 24, 1986, for a term of 40 years, ending May
31, 2026.\1\ The project became non-operational in 2012 due to damage
caused by Hurricanes Sandy and Irene, and has remained non-operational
since. The license was transferred to the current licensee, Village of
Highland Falls High-Point Utility, LDC (High-Point Utility) on
September 21, 2017.\2\ The 75-kilowatt (kW) project is located on
Buttermilk Falls Brook, a tributary of the Hudson River, in Orange
County, New York.
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    \1\ See John A. Dodson, 35 FERC ] 62,532 (1986).
    \2\ See John A. Dodson, Village of Highland Falls High-Point
Utility, LDC, 160 FERC ] 62,239 (2017).
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    The principal project works consist of: (1) An 18-inch-high, 15-
foot-long dam; (2) an 18-inch-diameter, 400-foot-long PVC penstock; (3)
a powerhouse containing one 55-kW and one 20-kW generating unit, for a
total of installed generating capacity of 75-kW; (4) two 480-volt
generator leads; (5) a 300-foot-long, 480-volt transmission line; and
(6) a 0.48/13.6-kilovolt cable connecting the transformer to the area
distribution system.
    At least five years before the expiration of a license for a minor
water power project in which sections 14 and 15 of the Federal Power
Act were waived, the Commission's regulations require the licensee to
file with the Commission a notice of intent (NOI) that contains an
unequivocal statement of the licensee's intention to file or not to
file an application for a subsequent license, details on the principal
project works and installed plant capacity, and other information.\3\
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    \3\ 18 CFR 16.19(b) (2020) (citing 18 CFR 16.6(b)). Section
16.19(b) applies to licenses not subject to Parts 14 and 15 of the
Federal Power Act.
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    If such a licensee does not inform the Commission that it intends
to file an application for, in this case, a subsequent license for the
project, the licensee may not file an application for a subsequent
license, either individually or in conjunction with an entity or
entities that are not currently licensees of the project.\4\
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    \4\ 18 CFR 16.24(b) (2020).
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    Because the current license expires on May 31, 2026, the NOI was
due to be filed no later than the close of business on May 31, 2021.\5\
High-Point Utility, the current licensee for the Buttermilk Falls
Project, failed to file an NOI by this date.\6\
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    \5\ The Commission's Rules of Practice and Procedure provide
that if a filing deadline falls on a Saturday, Sunday, holiday, or
other day when the Commission is closed for business, the filing
deadline does not end until the close of business on the next
business day. 18 CFR 2007(a)(2) (2020). Because the deadline to file
the NOI fell on a federal holiday (i.e., Memorial Day), the filing
deadline was extended until the close of business on Tuesday, June
1, 2021.
    \6\ On June 23, 2021, High-Point Utility filed a letter
indicating that it intended to proceed with relicensing for the
Buttermilk Falls Hydroelectric Project No. 7656, however, the filing
was not in conformance with the noticing requirements of section 5.5
of the Commission's regulations, because among other things, it did
not identify the principle project works and it did not include the
names and mailing addresses of nearby municipalities, counties,
political subdivisions, or affected Indian tribes. It also did not
include a pre-application document as required by section 5.6 of the
regulations.
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    Any party interested in filing a license application for the
Buttermilk Falls Project No. 7656 must first file a NOI \7\ and pre-
application document (PAD) \8\ pursuant to Part 5 of the Commission's
regulations. Although the integrated licensing process is the default
pre-filing process, section 5.3(b) of the Commission's regulations
allows a potential license applicant to request to use alternative
licensing procedures when it files its NOI.\9\
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    \7\ 18 CFR 5.5 (2020).
    \8\ 18 CFR 5.6 (2020).
    \9\ 18 CFR 5.3(b) (2020).
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    This notice sets a deadline of 120 days from the date of this
notice for interested applicants, other than the existing licensee, to
file NOIs, PADs, and requests to use an alternative licensing process.
    Applications for a subsequent license from potential (non-licensee)
applicants must be filed with the Commission at least 24 months prior
to the expiration of the current license.\10\ Because the current
license expires on May 31, 2026, applications for license for this
project must be filed by May 31, 2024.\11\
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    \10\ 18 CFR 16.20 (2020).
    \11\ To the extent an interested applicant files an NOI and PAD
and elects or is required to use the Commission's ILP, a process
plan will be issued within 180 days of this notice, which
accelerates the steps of the ILP to allow for filing a subsequent
license application by the May 31, 2024 deadline.
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    Questions concerning this notice should be directed to Samantha
Pollak at<PHONE_NUMBER> or<EMAIL_ADDRESS>
    Dated: August 5, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-17136 Filed 8-10-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 168 (Friday, August 29, 2014)]
[Notices]
[Page 51635]
[FR Doc No: 2014-20768]

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SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

 In the Matter of Xinde Technology Company; Order of Suspension
of Trading

August 27, 2014.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Xinde Technology Company because it has not filed any periodic reports
since the period ended March 31, 2012.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed company. Therefore, it is ordered,
pursuant to Section 12(k) of the Securities Exchange Act of 1934, that
trading in the securities of the above-listed company is suspended for
the period from 9:30 a.m. EDT on August 27, 2014, through 11:59 p.m.
EDT on September 10, 2014.

    By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2014-20768 Filed 8-27-14; 4:15 pm]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 171 (Wednesday, September 4, 2019)]
[Notices]
[Pages 46516-46517]
[FR Doc No: 2019-19070]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14968-000]

Notice of Preliminary Permit Application Accepted for Filing and
Soliciting Comments, Motions To Intervene, and Competing Applications:
Lock+\TM\ Hydro Friends Fund XV, LLC

    On March 1, 2019, Lock+\TM\ Hydro Friends Fund XV, LLC, filed an
application for a preliminary permit, pursuant to section 4(f) of the
Federal Power Act (FPA), proposing to study the feasibility of the
Francis Walter Dam Hydropower Project to be located at the U.S. Army
Corps of Engineers' (Corps) Francis Walter Dam on the Lehigh River in
Luzerne County, Pennsylvania. The sole purpose of a preliminary permit,
if issued, is to grant the permit holder priority to file a license
application during the permit term. A preliminary permit does not
authorize the permit holder to perform any land-disturbing activities
or otherwise enter upon lands or waters owned by others without the
owners' express permission.
    The proposed project would consist of the following: (1) A new 30-
foot-wide, 30-foot-deep, 160-foot-tall modular frame structure to be
installed at the intake for the outlet pipe adjacent to the outlet
tower, containing two turbine-generator units with a rated capacity of
2,400 kilowatts each; (2) a new switchgear and control room located in
the modular structure; and (3) a new 13-kilovolt transmission line
connecting the modular structure with a nearby existing electrical
grid. The proposed project would have an annual generation of 20,000
megawatt-hours.

    Applicant Contact: Wayne Crouse, Lock+\TM\ Hydro Friends Fund XV,
LLC, PO Box 43796, Birmingham, AL 35243; phone:<PHONE_NUMBER>, ext. 709.
    FERC Contact: Monir Chowdhury; phone:<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, notices of intent, and competing
applications using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. The first page of any filing should include
docket number P-14968-000.
    More information about this project, including a copy of the
application, can be viewed or printed on the eLibrary link of the
Commission's website at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-14968) in the docket number field to access
the document. For assistance, contact FERC Online Support.

    Dated: August 28, 2019
Kimberly D. Bose,
 Secretary.
[FR Doc. 2019-19070 Filed 9-3-19; 8:45 am]
 BILLING CODE 6717-01-P