[Federal Register Volume 79, Number 235 (Monday, December 8, 2014)]
[Rules and Regulations]
[Pages 72548-72551]
[FR Doc No: 2014-28588]

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 ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2014-0790; FRL-9918-76-Region 10]

Approval and Promulgation of Air Quality Implementation Plans;
Washington; Update to Materials Incorporated by Reference

AGENCY: Environmental Protection Agency.

ACTION: Final rule; administrative change.

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SUMMARY: The Environmental Protection Agency (EPA) is updating the
materials that are incorporated by reference (IBR) into the Washington
State Implementation Plan (SIP). The regulations affected by this
update have been previously submitted by the Washington State
Department of Ecology (Ecology) and approved by the EPA. In this
action, the EPA is also notifying the public of a correction to a
typographical error the IBR tables. This update affects the SIP
materials that are available for public inspection at the National
Archives and Records Administration (NARA), the Air and Radiation
Docket and Information Center located at EPA Headquarters in
Washington, DC, and the EPA Regional Office.

DATES: This action is effective December 8, 2014.

ADDRESSES: SIP materials which are incorporated by reference into 40
CFR part 52 are available for inspection at the following locations:
Environmental Protection Agency, Region 10, Office of Air, Waste, and
Toxics (AWT-150), 1200 Sixth Avenue, Seattle, WA 98101; the Air and
Radiation Docket and Information Center, Environmental Protection
Agency, 1301 Constitution Avenue NW., Room Number 3334, EPA West
Building, Washington, DC 20460; or the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

FOR FURTHER INFORMATION CONTACT: Jeff Hunt, EPA Region 10, (206) 553-
0256<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    The SIP is a living document which a state revises as necessary to
address its unique air pollution problems. Therefore, the EPA from time
to time, must take action on SIP revisions containing new and/or
revised regulations as being part of the SIP. On May 22, 1997, the EPA
revised the procedures for incorporating by reference Federally-
approved SIPs, as a result of consultations between the EPA and the
Office of the Federal Register (OFR) (62 FR 27968). The description of
the revised SIP document, IBR procedures and ``Identification of plan''
format are discussed in further detail in the May 22, 1997 Federal
Register document. On March 20, 2013, the EPA published a Federal
Register beginning the new IBR procedure for Washington (78 FR 17108).
    Since the publication of the last IBR update, the EPA approved into
the Washington SIP the regulatory changes listed below. The EPA also
reorganized the content and order of the tables contained in 40 CFR
52.2470 paragraph (c) ``EPA approved regulations'' in order to
acknowledge the EPA's approval of Washington Administrative Code

(WAC) 173-400-020 which divides implementation of portions of the
Washington SIP on a jurisdictional basis, with a corresponding effect
on the air program agencies listed in Tables 4 through 10. This
division of the Washington SIP on a jurisdictional basis is described
in more detail in a final rulemaking published October 3, 2014 (79 FR
59653).

A. Added Regulations

Table 1--Regulations Approved Statewide
     Washington Administrative Code, Chapter 173-433--Solid
Fuel Burning Device Standards, sections 173-433-140 (Criteria for
Impaired Air Quality Burn Bans) and 173-433-155 (Criteria for
Prohibiting the Use of Solid Fuel Burning Devices that Are Not
Certified). For more information see 79 FR 26628 (May 9, 2014).
     Washington Administrative Code, Chapter 173-476--Ambient
Air Quality Standards, sections 173-476-010 (Purpose), 173-476-020
(Applicability), 173-476-030 (Definitions), 173-476-100 (Ambient Air
Quality Standard for PM-10), 173-476-110 (Ambient Air Quality Standards
for PM-2.5), 173-476-120 (Ambient Air Quality Standard for Lead (Pb)),
173-476-130 (Ambient Air Quality Standards for Sulfur Oxides (Sulfur
Dioxide)), 173-476-140 (Ambient Air Quality Standards for Nitrogen
Oxides (Nitrogen Dioxide)), 173-476-150 (Ambient Air Quality Standard
for Ozone), 173-476-160 (Ambient Air Quality Standards for Carbon
Monoxide), 173-476-170 (Monitor Siting Criteria), 173-476-180
(Reference Conditions), and 173-476-900 (Table of Standards). For more
information see 79 FR 12077 (March 4, 2014).
Table 2--Additional Regulations Approved for Washington Department of
Ecology (Ecology) Direct Jurisdiction
     Washington Administrative Code, Chapter 173-400--General
Regulations for Air Pollution Sources, sections 173-400-036 (Relocation
of Portable Sources), 173-400-111 (Processing Notice of Construction
Applications for Sources, Stationary Sources and Portable Sources),
173-400-118 (Designation of Class I, II, and III Areas), 173-400-175
(Public Information), and 173-400-560 (General Order of Approval). For
more information see 79 FR 59653 (October 3, 2014).
Table 6--Additional Regulations Approved for the Olympic Region Clean
Air Agency (Orcaa) Jurisdiction
     Rule 6.2 Outdoor Burning, sections 6.2.3 (No Residential
or Land Clearing Burning), 6.2.6 (Curtailment), and 6.2.7 (Recreational
Burning). For more information see 78 FR 61188 (October 3, 2013).
     Rule 8.1 Wood Heating, sections 8.1.1 (Definitions), 8.1.2
(b) and (c) (General Emission Standards), 8.1.3 (Prohibited Fuel
Types), 8.1.4 (Curtailment), 8.1.5 (Exceptions), 8.1.7 (Sale and
Installation of Uncertified Woodstoves), and 8.1.8 (Disposal of
Uncertified Woodstoves). For more information see 78 FR 61188 (October
3, 2013).
Table 7--Additional Regulations Approved for the Puget Sound Clean Air
Agency (PSCAA) Jurisdiction
     Regulation I--Article 13: Solid Fuel Burning Device
Standards, section 13.06 (Emission Performance Standards). For more
information see 78 FR 32131 (May 29, 2013).

B. Revised Regulations

Table 1--Regulations Approved Statewide
     Washington Administrative Code, Chapter 173-433--Solid
Fuel Burning Device Standards, sections 173-433-010 (Purpose), 173-433-
030 (Definitions), 173-433-100 (Emission Performance Standards), 173-
433-110 (Opacity Standards), 173-433-120 (Prohibited Fuel Types), and
173-433-150 (Restrictions on Operation of Solid Fuel Burning Devices).
For more information see 79 FR 26628 (May 9, 2014).
Table 2--Additional Regulations Approved for Washington Department of
Ecology (Ecology) Direct Jurisdiction
     Washington Administrative Code, Chapter 173-400--General
Regulations for Air Pollution Sources, sections 173-400-020
(Applicability), 173-400-030 (Definitions), 173-400-040 (General
Standards for Maximum Emissions), 173-400-050 (Emission Standards for
Combustion and Incineration Units), 173-400-060 (Emission Standards for
General Process Units), 173-400-070 (Emission Standards for Certain
Source Categories), 173-400-081 (Startup and Shutdown), 173-400-091
(Voluntary Limits on Emissions), 173-400-105 (Records, Monitoring, and
Reporting), 173-400-110 (New Source Review (NSR) for Sources and
Portable Sources), 173-400-112 (Requirements for New Sources in
Nonattainment Areas--Review for Compliance with Regulations), 173-400-
113 (New Sources in Attainment or Unclassifiable Areas--Review for
Compliance with Regulations), 173-400-151 (Retrofit Requirements for
Visibility Protection), 173-400-171 (Opportunity for Public Comment),
and 173-400-200 (Creditable Stack Height and Dispersion Techniques).
For more information see 79 FR 59653 (October 3, 2014).
Table 7--Additional Regulations Approved for the Puget Sound Clean Air
Agency (PSCAA) Jurisdiction
     Regulation I--Article 12: Standards of Performance for
Continuous Emission Monitoring Systems, section 12.03 (Continuous
Emission Monitoring Systems). For more information see 78 FR 57073
(September 17, 2013).
     Regulation I--Article 13: Solid Fuel Burning Device
Standards, sections 13.01 (Policy and Purpose), 13.02 (Definitions),
13.03 (Opacity Standards), 13.04 (Allowed and Prohibited Fuel Types),
13.05 (Restrictions on Operation of Solid Fuel Burning Devices), and
13.07 (Prohibitions on Wood Stoves that are not Certified Wood Stoves).
For more information see 78 FR 32131 (May 29, 2013).
     Regulation II--Article 1: Purpose, Policy, Short Title,
and Definitions, section 1.05 (Special Definitions). For more
information see 78 FR 57073 (September 17, 2013).
     Regulation II--Article 3: Miscellaneous Volatile Organic
Compound Emission Standards, section 3.04 (Motor Vehicle and Mobile
Equipment Coating Operations). For more information see 78 FR 57073
(September 17, 2013).

C. Removed Regulations

Table 1--Regulations Approved Statewide
     Washington Administrative Code, Chapter 173-433--Solid
Fuel Burning Device Standards, section 173-433-170 (Retail Sales Fee).
For more information see 79 FR 26628 (May 9, 2014).
     Washington Administrative Code, Chapter 173-470--Ambient
Air Quality Standards for Particulate Matter, sections 173-470-010
(Purpose), 173-470-020 (Applicability), 173-470-030 (Definitions), 173-
470-100 (Ambient Air Quality Standards), and 173-470-160 (Reporting of
Data). For more information see 79 FR 12077 (March 4, 2014).
Table 2--Additional Regulations Approved for Washington Department of
Ecology (Ecology) Direct Jurisdiction
     Washington Administrative Code, Chapter 173-400--General
Regulations for Air Pollution Sources, section 173-

400-100 (Registration). For more information see 79 FR 59653 (October
3, 2014).
Table 7--Additional Regulations Approved for the Puget Sound Clean Air
Agency (PSCAA) Jurisdiction
     Regulation II--Article 3: Miscellaneous Volatile Organic
Compound Emission Standards, section 3.11 (Coatings and Ink
Manufacturing). For more information see 78 FR 57073 (September 17,
2013).

D. Approved, But Not Incorporated by Reference Regulations

    As described in the proposed approval for the Thurston County
second 10-year coarse particulate matter (PM10) limited
maintenance plan, the EPA reviews and approves state submissions to
ensure they provide adequate enforcement authority (78 FR 47259, August
5, 2013). However, regulations describing agency enforcement authority
are not incorporated into the SIP to avoid potential conflict with the
EPA's independent authorities. The EPA originally erred in
incorporating WAC 173-433-200, ``Regulatory Actions and Penalties'' by
reference into the SIP. In the final approval of the Thurston County
Second 10-year PM10 Limited Maintenance Plan the EPA
corrected this error by moving WAC 173-433-200 from 40 CFR 52.2470(c)
EPA approved regulations to 40 CFR 52.2470(e) EPA Approved
Nonregulatory Provisions and Quasi-Regulatory Measures (78 FR 61188,
October 3, 2013).

E. Source-Specific Requirements

    The EPA modified 40 CFR 52.2470(d) to include the following source-
specific requirements: BP Cherry Point Refinery (Administrative Order
No. 7836), Alcoa Intalco Works (Administrative Order No. 7837, Revision
1), Tesoro Refining and Marketing Company (Administrative Order 7838),
Port Townsend Paper Corporation (Administrative Order No. 7839,
Revision 1), Lafarge North America, Inc. Seattle, Wa. (Administrative
Revised Order No. 7841), and Weyerhaeuser Corporation, Longview, Wa.
(Administrative Order No. 7840). For more information see 79 FR 33438
(June 11, 2014).

II. EPA Action

    In this action, the EPA is announcing the update to the IBR
material as of October 7, 2014. The EPA is also correcting a
typographical error in paragraph 52.2470(c). In ``Table 2--Additional
Regulations Approved for Washington Department of Ecology (Ecology)
Direct Jurisdiction'' the EPA is correcting the entry for WAC 173-400-
050 to add 173-400-050(2) as an exception in the ``Explanations''
column.
    The EPA has determined that today's rule falls under the ``good
cause'' exemption in section 553(b)(3)(B) of the Administrative
Procedures Act (APA) which, upon finding ``good cause,'' authorizes
agencies to dispense with public participation and section 553(d)(3)
which allows an agency to make a rule effective immediately (thereby
avoiding the 30-day delayed effective date otherwise provided for in
the APA). Today's rule simply codifies provisions which are already in
effect as a matter of law in Federal and approved State programs. Under
section 553 of the APA, an agency may find good cause where procedures
are ``impractical, unnecessary, or contrary to the public interest.''
Public comment is ``unnecessary'' and ``contrary to the public
interest'' since the codification only reflects existing law. Immediate
notice in the CFR benefits the public by removing outdated citations
and incorrect table entries.

III. Statutory and Executive Order Reviews

A. General Requirements

    Under the Clean Air Act (CAA), 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, the EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. Accordingly,
this action merely approves state law as meeting Federal requirements
and does not impose additional requirements beyond those imposed by
state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 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 this action does not involve technical standards; and
     does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).

The SIP is not approved to apply on any Indian reservation land in
Washington except as specifically noted below and is also not approved
to apply in any other area where the EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it
impose substantial direct costs on tribal governments or preempt tribal
law. Washington's SIP is approved to apply on non-trust land within the
exterior boundaries of the Puyallup Indian Reservation, also known as
the 1873 Survey Area. Under the Puyallup Tribe of Indians Settlement
Act of 1989, 25 U.S.C. 1773, Congress explicitly provided state and
local agencies in Washington authority over activities on non-trust
lands within the 1873 Survey Area.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this rule and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).

C. Petitions for Judicial Review

    The EPA has also determined that the provisions of section
307(b)(1) of the CAA pertaining to petitions for judicial review are
not applicable to this action. Prior EPA rulemaking actions for each
individual component of the Washington SIP compilations had previously
afforded interested parties the opportunity to file a petition for
judicial review in the United States Court of Appeals for the
appropriate circuit within 60 days of such rulemaking action. Thus, the
EPA sees no need in this action to reopen the 60-day period for filing
such petitions for judicial review for this ``Identification of plan''
update action for Washington.

List of Subjects in 40 CFR Part 52

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

    Dated: October 22, 2014.
Dennis J. McLerran,
Regional Administrator, Region 10.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart WW--Washington

0
2. Section 52.2470 is amended by:
0
a. Revising paragraph (b);
0
b. Revising paragraph (c), entry 173-400-050 in Table 2--Additional
Regulations Approved for Washington Department of Ecology (Ecology)
Direct Jurisdiction.
    The revised text read as follows:

Sec.  52.2470  Identification of plan.

* * * * *
    (b) Incorporation by reference.
    (1) Material listed as incorporated by reference in paragraphs (c)
and (d) of this section with an EPA approved date of October 7, 2014
was approved for incorporation by reference by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
The material incorporated is as it exists on the date of the approval,
and notice of any change in the material will be published in the
Federal Register Entries in paragraphs (c) and (d) of this section with
EPA approval dates on or after October 7, 2014 will be incorporated by
reference in the next update to the SIP compilation.
    (2)(i) EPA Region 10 certifies that the rules and regulations
provided by the EPA at the addresses in paragraph (b)(3) of this
section are an exact duplicate of the officially promulgated State
rules and regulations which have been approved as part of the State
Implementation Plan as of October 7, 2014.
    (ii) EPA Region 10 certifies that the following source-specific
requirements provided by the EPA at the addresses in paragraph (b)(3)
of this section are an exact duplicate of the officially promulgated
State source-specific requirements which have been approved as part of
the State Implementation Plan as of October 7, 2014.
    (3) Copies of the materials incorporated by reference may be
inspected at the EPA Region 10 Office at 1200 Sixth Ave, Seattle, WA
98101. For further information, call<PHONE_NUMBER>; the EPA Air and
Radiation Docket and Information Center, Room Number 3334, EPA West
Building, 1301 Constitution Avenue NW., Washington, DC 20460. For
further information, call<PHONE_NUMBER>; or at the National Archives
and Records Administration (NARA). For information on the availability
of this material at NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (c) * * *

   Table 2--Additional Regulations Approved for Washington Department of Ecology (Ecology) Direct Jurisdiction
 [Applicable in Adams, Asotin, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kittitas, Klickitat,
   Lincoln, Okanogan, Pend Oreille, San Juan, Stevens, Walla Walla, and Whitman counties, excluding facilities
     subject to Energy Facilities Site Evaluation Council (EFSEC) jurisdiction. These regulations also apply
statewide for facilities subject to the applicability sections of WAC 173-405-012, WAC 173-410-012, and WAC 173-
                                                    415-012.]
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                                                     State effective
         State citation             Title/subject          date        EPA approval date       Explanations
----------------------------------------------------------------------------------------------------------------
          Washington Administrative Code, Chapter 173-400_General Regulations for Air Pollution Sources
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
173-400-050....................  Emission Standards        12/29/12   10/3/14, 79 FR      Except: 173-400-
                                  for Combustion                       59653.              050(2); 173-400-
                                  and Incineration                                         050(4); 173-400-
                                  Units.                                                   050(5).

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[FR Doc. 2014-28588 Filed 12-5-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 195 (Wednesday, October 7, 2020)]
[Notices]
[Pages 63350-63351]
[FR Doc No: 2020-22101]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Public Notice of Intent To Rule on a Release Request To Sell On-
Airport Property Purchased With Airport Improvement Program (AIP)
Funding and Remove It From Airport Dedicated Use at the Lehigh Valley
International Airport (ABE), Allentown, PA

AGENCY: Federal Aviation Administration (FAA) DOT.

ACTION: Notice of release request to sell on-airport property purchased
with AIP funding and remove it from dedicated use.

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SUMMARY: The FAA is requesting public comment on the Lehigh-Northampton
Airport Authority proposed land release and sale of 32.566 acres of on
airport property at the Lehigh Valley International Airport in Hanover
Township, Pennsylvania. The subject property was purchased with federal
financial assistance under the Airport Improvement Program.
    FAA grants affecting the parcels to be released are identified
below.

1. Grant No. 3-42-0001-074-2008
2. Grant No. 3-42-0001-067-2006
3. Grant No. 3-42-0001-074-2008
4. Grant No. 3-42-0001-035-1998
5. Grant No. 3-42-0001-067-2006
6. Grant No. 3-42-0001-029-1996
7. Grant No. 3-42-0001-029-1996
8. Grant No. 3-42-0001-062-2005

DATES: Comments must be received on or before November 6, 2020.

ADDRESSES: Comments on this application may be emailed or delivered to
the following address:

Thomas Stoudt, Manager, Lehigh Valley International Airport, 3311
Airport Road, Allentown, PA 18109,<PHONE_NUMBER>

    and at the FAA Harrisburg Airports District Office:

Rick Harner, Manager, Harrisburg Airports District Office, 3905
Hartzdale Dr., Suite 508, Camp Hill, PA 17011,<PHONE_NUMBER>

FOR FURTHER INFORMATION CONTACT: Brian Gearhart, Project Manager,
Harrisburg Airports District Office, location listed above.
    The request to release airport property may be reviewed in person
at this same location.

SUPPLEMENTARY INFORMATION:
    The following is a brief overview of the request:
    The Lehigh-Northampton Airport Authority requests the release of a
total of 32.566 acres of land previously required for future
development that is

no longer needed. Of the total 32.566 acres, 5.705 acres are identified
as Parcel V; 9.302 acres are from the 26.807-acre parcel known as N-2;
9.745 acres are from the 19.238-acre parcel known as K-3; 3.654 acres
are from the 22.588-acre parcel known as K-4; and 4.169 acres are from
the 63.731-acre Parcel X-2. The parcels were identified on the Airport
Property Map--Exhibit A accepted July 15, 2015. The 32.566 acres is
proposed for sale to The Rockefeller Group Development Corporation
(Rockefeller Group), 500 International Drive North, Suite 345, Mt.
Olive, NJ 07828. As shown on the Airport Layout Plan, the property is
not needed now or in the future for airport development. The Federal
share of the proceeds of the sale will be distributed towards approved
AIP eligible efforts, with the remaining proceeds to be utilized to
operate the airport.
    Any person may inspect the request by appointment at the FAA office
address listed above.
    Interested persons are invited to comment on the proposed release.
All comments will be considered by the FAA to the extent practicable.

    Issued in Camp Hill, Pennsylvania, September 28, 2020.
Rick Harner,
Manager, Harrisburg Airports District Office.
[FR Doc. 2020-22101 Filed 10-6-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: November 25, 2005 (Volume 70, Number 226)]
[Notices]
[Page 71115]
[DOCID:fr25no05-52]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-96-000]

Dominion Cove Point LNG, LP; Notice of Tariff Filing

November 17, 2005.
    Take notice that on November 15, 2005, Dominion Cove Point LNG, LP
(Cove Point) tendered for filing as part of its FERC Gas Tariff,
Original Volume No. 1, First Revised Sheet No. 251, to become effective
December 15, 2005.
    Cove Point states that the purpose of this filing is to change Cove
Point's penalty provisions from the existing fixed price penalties to
the higher of a fixed price penalties or multiples of daily indexed
prices.
    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 and 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 in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    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

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

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
 [FR Doc. E5-6474 Filed 11-23-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 161 (Thursday, August 20, 2015)]
[Rules and Regulations]
[Pages 50558-50559]
[FR Doc No: 2015-20538]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Parts 2 and 157

[Docket No. RM12-11-003; Order No. 790-B]

Revisions to Auxiliary Installations, Replacement Facilities, and
Siting and Maintenance Regulations

AGENCY: Federal Energy Regulatory Commission.

ACTION: Final rule, order on clarification; correction.

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SUMMARY: This document contains corrections to the final rule (RM12-11-
003) which was published in the Federal Register of Friday, July 24,
2015 (80 FR 43944). The final rule amended regulations to: provide pre-
granted authority under a new paragraph to abandon or replace auxiliary
facilities, subject to certain conditions; permit auxiliary facilities
that cannot meet the conditions for the pre-granted abandonment
authority in the new paragraph to be abandoned under the blanket
certificate regulations, subject to those regulations' requirements;
and permit replacement facilities constructed under the regulations to
be abandoned under the blanket certificate regulations, subject to
those regulations' requirements.

DATES: Effective October 7, 2015.

FOR FURTHER INFORMATION CONTACT:
Katherine Liberty, Office of the General Counsel, Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426,
(202) 502-6491<EMAIL_ADDRESS>Gordon Wagner, Office of the General Counsel, Federal Energy Regulatory
Commission, 888 First Street NE., Washington, DC 20426,<PHONE_NUMBER>,
<EMAIL_ADDRESS>Howard Wheeler, Office of Energy Projects, Federal Energy Regulatory
Commission, 888 First Street NE., Washington, DC 20426,<PHONE_NUMBER>,
<EMAIL_ADDRESS>Shannon Jones, Office of Energy Projects, Federal Energy Regulatory
Commission, 888 First Street NE., Washington, DC 20426,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Revisions to Auxiliary Installations, Replacement Facilities, and
Siting and Maintenance Regulations Docket No. RM12-11-003

Errata Notice

    On July 16, 2015, the Commission issued a Final Rule in the above

captioned proceeding. Revisions to Auxiliary Installations, Replacement
Facilities, and Siting and Maintenance Regulations, 152 FERC ] 61,049
(2015). This errata notice makes a correction to the Final Rule as
issued.
    In FR Doc. 2015-17919 appearing on page 43949 in the Federal
Register of Friday, July 24, 2015, the following correction is made:
    1. On page 43949, in the second column, Sec.  157.216(b)(2)(i)(A)
of the regulatory text is revised to read as follows:
    ``(A) Will not exceed the cost limit in Sec.  157.208(d) for
activities under the prior notice provisions;''

    Dated: August 14, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-20538 Filed 8-19-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: July 23, 2008 (Volume 73, Number 142)]
[Notices]
[Page 42901-42902]
[DOCID:fr23jy08-96]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Office of Hazardous Materials Safety; Notice of Applications for
Modification of Special Permit

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

ACTION: List of Applications for Modification of Special Permit.

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

SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations (49 CFR Part 107,
Subpart B), notice is hereby given that the Office of Hazardous
Materials Safety has received the application described herein. This
notice is abbreviated to expedite docketing and public notice. Because
the sections affected, modes of transportation, and the nature of
application have been shown in earlier Federal Register publications,
they are not repeated here. Request of modifications of special permits
(e.g. to provide for additional hazardous materials, packaging design
changes, additional mode of transportation, etc.) are described in
footnotes to the application number. Application numbers with the
suffix ``M'' denote a modification request. Their applications have
been separated from the new application for special permits to
facilitate processing.

DATES: Comments must be received on or before August 7, 2008.
    Address Comments to: Record Center, Pipeline and Hazardous
Materials Safety Administration, U.S. Department of Transportation,
Washington, DC 20590.
    Comments should refer to the application number and be submitted in
triplicate. If confirmation of receipt of comments is desired, include
a self-addressed stamped postcard showing the special permit number.

FOR FURTHER INFORMATION CONTACT: Copies of the applications are
available for inspection in the Records Center, East Building, PHH-30,
1200 New Jersey Avenue SE., Washington, DC or at http://dms.dot.gov.
    This notice of receipt of applications for modification of special
permits is published in accordance with Part 107 of the Federal
hazardous materials transportation law (49 U.S.C. 5117(b); 49 CFR
1.53(b)).

    Issued in Washington, DC, on July 10, 2008.
Delmer F. Billings,
Director, Office of Hazardous Materials, Special Permits and Approvals.

Modification Special Permits

----------------------------------------------------------------------------------------------------------------
                                                                        Regulation(s)       Nature of special
 Application number         Docket number            Applicant            affected            permit thereof
----------------------------------------------------------------------------------------------------------------
9266-M..............  ........................  Eurotainer SA 92817  49 CFR 173.315;     To modify the special
                                                 Puteaux Cedex.       178.245.            permit to authorize
                                                                                the transportation in
                                                                                commerce of an
                                                                                additional Division
                                                                                2.2 hazardous
                                                                                material.
11834-M.............  RSPA-97-2131............  Ashland, Inc.        49 CFR 173.173;     To modify the special
                                                 Columbus, OH.        173.202.            permit to authorize
                                                                                the transportation in
                                                                                commerce of additional
                                                                                Class 3 and Division
                                                                                5.2 materials.
12116-M.............  RSPA-98-4243............  Proserv UK Limited   49 CFR 178.36.....  To modify the special
                                                 (Former Grantee:                         permit to authorize a
                                                 Proserv (North                           ceramic coating to be
                                                 Sea), Ltd.)                              applied to certain
                                                 Aberdeen, Scotland.                      cylinders.
12844-M.............  RSPA-01-10753...........  Delphi Corporation   49 CFR              To modify the special
                                                 Vandalia, OH.        173.301(a)(1);      permit to allow
                                                                      173.302a(a)(1);17   failures in endcaps in
                                                                      5.3.                units that are built
                                                                                specifically for
                                                                                hydroburst testing.
13133-M.............  RSPA-02-13796...........  Department of        49 CFR 172.320;     To modify the special
                                                 Energy               173.54(a);          permit to remove the
                                                 Albuquerque, NM.     173.56(b);          sample limitation.
                                                                      173.57; 173.58;
                                                                      173.62.
14488-M.............  ........................  Sanofi Pasteur       49 CFR              To reissue the special
                                                 Swiftwater, PA.      173.24(b)(1).       permit originally
                                                                                issued on an emergency
                                                                                basis for the
                                                                                transportation in
                                                                                commerce of an
                                                                                influenza vaccine in a
                                                                                custom stainless steel
                                                                                batch reactor and to
                                                                                allow for renewal.
14632-M.............  PHMSA-08-003 1..........  Kalitta Charters     49 CFR 172.101      To reissue the special
                                                 II, LLC Ypsilanti,   Column (9B);        permit originally
                                                 MI.                  172.204(c)(3);      issued on an emergency
                                                                      173.27(b)(2)(3);    basis for the
                                                                      175.30.             transportation in
                                                                                commerce by cargo only
                                                                                aircraft of Class 1
                                                                                explosives which are
                                                                                forbidden or exceed
                                                                                quantities presently
                                                                                authorized.
14656-M.............  ........................  PurePak Technology   49 CFR              To modify the special
                                                 Corporation          173.158(f)(3).      permit to authorize a
                                                 Chandler, AZ.                            smaller outer
                                                                                packaging.
----------------------------------------------------------------------------------------------------------------

[FR Doc. E8-16443 Filed 7-22-08; 8:45 am]

BILLING CODE 4909-60-M


[Federal Register Volume 78, Number 87 (Monday, May 6, 2013)]
[Rules and Regulations]
[Pages 26258-26261]
[FR Doc No: 2013-09301]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2010-0394; EPA-R05-OAR-2012-0786; FRL-9786-2]

Approval and Promulgation of Air Quality Implementation Plans;
Illinois; Consumer Products and AIM Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is approving a revision to the Illinois State
Implementation Plan (SIP). This approval resolves the issues raised in
the June 7, 2012, conditional approval of Illinois' rules. EPA is also
approving volatile organic compound (VOC) content limits and associated
provisions for additional consumer products categories into the state's
SIP. Finally, EPA is approving language to clarify VOC limit
applicability for architectural and industrial maintenance (AIM)
coatings into the Illinois SIP.

DATES: This direct final rule will be effective July 5, 2013, unless
EPA receives adverse comments by June 5, 2013. If adverse comments are
received, EPA will publish a timely withdrawal of the direct final rule
in the Federal Register informing the public that the rule will not
take effect.

ADDRESSES: Submit your comments, identified by Docket ID Nos. EPA-R05-
OAR-2010-0394, EPA-R05-OAR-2012-0786, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>

    3. Fax:<PHONE_NUMBER>.
    4. Mail: Pamela Blakley, Chief, Control Strategies Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Pamela Blakley, Chief, Control Strategies
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such
deliveries are only accepted during the Regional Office normal hours of
operation, and special arrangements should be made for deliveries of
boxed information. The Regional Office official hours of business are
Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal
holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2010-0394. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Environmental Protection
Agency, Region 5, Air and Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays.
We recommend that you telephone Anthony Maietta, Environmental
Protection Specialist, at<PHONE_NUMBER> before visiting the Region 5
office.

FOR FURTHER INFORMATION CONTACT: Anthony Maietta, Environmental
Protection Specialist, Control Strategies Section, Air Programs Branch
(AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:

I. Background
II. Contents of Illinois' Submittal
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. Background

    Consumer products encompass a wide array of sprays, gels, cleaners,
adhesives, and other chemically formulated products that are purchased
for personal or institutional use and that emit VOCs through their use,
consumption, storage, disposal, destruction, or decomposition. AIM
coatings are generally paints, varnishes, and other similar materials
that are meant for use on external surfaces of buildings, pavements and
other outside structures. On April 7, 2010, the Illinois Environmental
Protection Agency (IEPA) submitted a request for EPA to approve Part
223 of Title 35 of the Illinois Administrative Code (35 IAC Part 223),
titled, ``Standards and limitations for Organic Material Emissions for
Area Sources'', into the Illinois SIP. On June 7, 2012, EPA published a
final action approving Illinois' consumer products and AIM rules into
the State's SIP (77 FR 33659). In our June 7, 2012, rulemaking, we
conditionally approved portions of IEPA's submittal, based upon the
State's September 2, 2011, letter to EPA committing to correct the
noted deficiencies by July 9, 2013. On September 14, 2012, IEPA
submitted a revision to 35 IAC Part 223 correcting the paragraphs that
EPA conditionally approved in our June 7, 2012, action.
    Illinois' September 14, 2012, submittal requested that EPA approve
VOC limits for additional categories of consumer products, as well as a
compliance deadline and impurities provisions for these product
categories. Illinois' submittal also requested EPA to approve a
revision to 35 IAC Part 223 to clarify applicability of the AIM VOC
limits.

II. Contents of Illinois' Submittal

    As noted above, on June 7, 2012, EPA conditionally approved four
paragraphs of 35 IAC Part 223, noting deficiencies in the state rules.
The four specific provisions containing these deficiencies were 35 IAC
223.205(6)(A), 35 IAC 223.205(6)(B), 35 IAC 223.205(17)(A), and 35 IAC
223.205(17)(B). These paragraphs displayed incorrectly labeled high-
volatility and medium-volatility organic material limits. Based on our
review of the September 14, 2012, submittal, IEPA has corrected the
deficiencies within the prescribed time frame. We are converting the
conditional approval to full approval.
    IEPA also requested that EPA approve, into the Illinois SIP,
adjustments to 35 IAC Part 223, as discussed below.

35 IAC Part 223, ``STANDARDS AND LIMITATIONS FOR ORGANIC MATERIAL
EMISSIONS FOR AREA SOURCES''

Subpart B: Consumer and Consumer Products

    IEPA added section 223.211 ``Requirements for Adhesive Removers,
Aerosol Adhesives, Contact Adhesives, Electrical Cleaners, Electronic
Cleaners, Footwear or leather Care Products, General Purpose
Degreasers, and Graffiti Removers'' to the table of contents of Subpart
B. The addition is approvable into the Illinois SIP.

35 IAC Part 223.201, ``Applicability''

    IEPA added the phrase ``unless another date is specified'' to the
applicability of 35 IAC Part 223 because the new product categories
added to this rule were added after the rule's original applicability
date. The new applicability date for the additional product categories
(July 1, 2012) is specified in section 223.305 of the rule. This
addition is approvable into the Illinois SIP.

35 IAC Part 223.203, ``Definitions for Subpart B''

    IEPA amended the definition of ``Existing Product'' to remove the
specific applicability date of July 1, 2009, and added the phrase ``the
effective date in Section 223.205'' in its place. This is an approvable
amendment because both the July 1, 2009 (for

product categories that were affected by the rule as approved by EPA at
77 FR 33659), and July 1, 2012 (for product categories affected by
IEPA's latest amendments to the rule), effective dates are clearly
stated in section 223.205 of Illinois' rule.
    IEPA added the definition of ``Vinyl/Fabric/Leather/Polycarbonate
Coating'' to this section. The definition is consistent with the Ozone
Transport Commission (OTC) model rule, and therefore, is approvable
into the Illinois SIP.

Section 223.205, ``Standards''

    IEPA requested EPA to approve the addition of new product
categories, VOC limits for the products in these categories, and their
associated applicability date at 35 IAC Part 223.205. IEPA amended the
numeric order of the standards list in order to incorporate the new
product categories. Specifically, the new product categories added to
35 IAC Part 223.205 (with subcategories listed in parenthesis) are:

--Adhesive Removers (floor or wall covering, gasket or thread locking,
general purpose, and specialty),
--Anti-static Product, Non-Aerosol
--Contact Adhesives (general purpose and special purpose),
--Electrical Cleaner,
--Electronic Cleaner,
--Fabric Refresher (aerosol and non-aerosol),
--Footwear or Leather Care Products (aerosol, solid, and other forms),
--Graffiti Remover (aerosol and non-aerosol),
--Hair Styling Products (aerosol and pump sprays, and all other forms),
--Shaving Gel, and
--Wood Cleaner (aerosol and non-aerosol).

    The VOC limits for these additional consumer products categories
are at least as stringent as the VOC limits contained in EPA's national
consumer products rule (``National Volatile Organic Compound Emission
Limits for Consumer Products,'' 40 CFR 59, subpart C), and mirror the
VOC limits contained in the model consumer products rule created by the
OTC. Therefore, these additions are approvable into the Illinois SIP.
It should be noted that while Illinois is not an OTC member state, they
have voluntarily chosen to adopt these VOC limits to create more
consistency in regional and national markets for consumer products.

Section 223.211, ``Requirements for Adhesive Removers, Aerosol
Adhesives, Contact Adhesives, Electrical Cleaners, Electronic Cleaners,
Footwear or Leather Care Products, General Purpose Degreasers, and
Graffiti Removers''.

    This new section in Illinois' rule prohibits the sale of the
aforementioned products after July 1, 2012, if they contain methylene
chloride, perchloroethylene, or trichloroethylene. This section also
allows for the sale of the aforementioned products that may contain
methylene chloride, perchloroethylene, or trichloroethylene, but only
if the compounds are present as impurities in a combined amount equal
to or less than 0.01 percent by weight. This section mirrors the OTC
model rule, and is therefore approvable into the Illinois SIP.

Subpart C: Architectural and Industrial Maintenance Coatings

Section 223.305, ``Applicability''

    IEPA amended paragraph (c) of this section to clarify that the
volume of architectural coating in a container shall be considered the
total volume of coating that is packaged as a unit for retail sale or
for use by the consumer. This revision helps ensure that sellers of AIM
coatings in Illinois comply with the VOC content limits contained in 35
IAC Part 223. Because this amendment makes clear that a seller cannot
simply sell multiple small containers of an AIM coating (where each
container contains a volume less than the amount that would trigger
compliance with an AIM VOC limit), it strengthens compliance with the
rule, and is approvable into the Illinois SIP.

III. What action is EPA taking?

    EPA is approving a revision to the Illinois SIP, converting the
June 7, 2012, conditional approved to full approval. EPA is also
approving the requested amendments and additions to the Illinois SIP at
35 IAC Part 223 contained in Illinois' September 14, 2012, submittal.
We are publishing this action without prior proposal because we view
this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the state plan if relevant adverse
written comments are filed. This rule will be effective July 5, 2013
without further notice unless we receive relevant adverse written
comments by June 5, 2013. If we receive such comments, we will withdraw
this action before the effective date by publishing a subsequent
document that will withdraw the final action. All public comments
received will then be addressed in a subsequent final rule based on the
proposed action. EPA will not institute a second comment period. Any
parties interested in commenting on this action should do so at this
time. Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment. If we do
not receive any comments, this action will be effective July 5, 2013.

IV. 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 Clean Air Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National

Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note)
because application of those requirements would be inconsistent with
the 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 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by July 5, 2013. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Volatile organic compounds.

    Dated: February 13, 2013.
Susan Hedman,
Regional Administrator, Region 5.
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Sec.  52.719  [Removed and reserved]

0
2. Remove and reserve Sec.  52.719.

0
3. Section 52.720 is amended by revising paragraph (c)(191) to read as
follows:

Sec.  52.720  Identification of plan.

* * * * *
    (c) * * *
    (191) On September 14, 2012, Illinois submitted an amendment to its
State Implementation Plan at 35 Illinois Administrative Code Part 223,
which adds new consumer product categories and VOC limits for these
products in Subpart B, and amends Subpart C to clarify applicability.
35 IAC Part 223 limits the amount of volatile organic compounds from
consumer products and architectural and industrial maintenance
coatings.
    (i) Incorporation by reference.
    (A) Illinois Administrative Code; Title 35: Environmental
Protection; Subtitle B: Air Pollution; Chapter I: Pollution Control
Board; Subchapter c: Emission Standards and Limitation for Stationary
Sources; Part 223: Standards and Limitations for Organic material
Emissions for Area Sources, effective May 4, 2012.
    (B) Reserved.
* * * * *
[FR Doc. 2013-09301 Filed 5-3-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: June 26, 2008 (Volume 73, Number 124)]
[Rules and Regulations]
[Page 36274-36276]
[DOCID:fr26jn08-8]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0492]
RIN 1625-AA00

Safety Zone; Washington Township Summerfest, Ottawa River,
Toledo, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone at
Fred C. Young Bridge, Ottawa River, Toledo, Ohio. This zone is intended
to restrict vessels from a portion of Ottawa River during the
Washington Township Summerfest fireworks display. This temporary safety
zone is necessary to protect spectators and vessels from the hazards
associated with fireworks displays.

DATES: This rule is effective from 9:30 p.m. until 10:30 p.m. on June
28, 2008.

ADDRESSES: Documents indicated in this preamble as being available in
the docket, are parts of docket [USCG-2008-0492] and are available
online at http://www.regulations.gov. They are also available for
inspection or copying at two locations: The Docket Management Facility
(M-30), U.S. Department of Transportation, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays, and the U.S. Coast Guard Marine Safety Unit Toledo, 420
Madison Ave., Suite 700, Toledo, Ohio 43604 between 9:30 a.m. and 2
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call Lieutenant Jay Michalczak, Chief of Port
Operations, Marine Safety Unit, 420 Madison Ave., Suite 700, Toledo,
Ohio 43604;<PHONE_NUMBER>. If you have questions on viewing the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. The permit application was not
received in time to publish an NPRM followed by a final rule before the
effective date.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying this rule would be
contrary to the public interest of ensuring the safety of spectators
and vessels during this event, and immediate action is necessary to
prevent possible loss of life and property.

Background and Purpose

    This temporary safety zone is necessary to ensure the safety of
vessels and spectators from hazards associated with a fireworks
display. Based on accidents that have occurred in other Captain of the
Port zones and the explosive hazards of fireworks, the Captain of the
Port Detroit has determined fireworks launches in close proximity to
watercraft pose significant risk to public safety and property. The
likely combination of large numbers of recreation vessels, congested
waterways, darkness punctuated by bright flashes of light, alcohol use,
and debris falling into the water could easily result in serious
injuries or fatalities. Establishing a safety zone to control vessel
movement around the location of the launch

platform will help ensure the safety of persons and property at these
events and help minimize the associated risks.

Discussion of Rule

    A temporary safety zone is necessary to ensure the safety of
spectators and vessels during the setup, loading, and launching of a
fireworks display in conjunction with the Washington Township
Summerfest fireworks display. The fireworks display will occur between
9:30 p.m. and 10:30 p.m., June 28, 2008.
    The safety zone for the June 28, 2008 fireworks will encompass all
waters of Ottawa River within a six hundred foot radius of the
fireworks launch location at the Fred C. Young Bridge, Toledo, OH
(41[deg]43'29'' N, 083[deg]28'47'' W). All geographic coordinates are
North American Datum of 1983 (NAD 83).
    All persons and vessels shall comply with the instructions of the
Coast Guard Captain of the Port or the designated on scene
representative. Entry into, transiting, or anchoring within the safety
zone is prohibited unless authorized by the Captain of the Port Detroit
or his designated on scene representative. The Captain of the Port or
his designated on scene representative may be contacted via VHF Channel
16.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary.
    This determination is based on the minimal time that vessels will
be restricted from the zone and the zone is an area where the Coast
Guard expects insignificant adverse impact to mariners from the zones'
activation.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
    This rule will affect the following entities, some of which may be
small entities: The owners and operators of vessels intending to
transit or anchor in a portion of Ottawa River near the Fred C. Young
Bridge (41[deg]43'29'' N, 083[deg]28'47'' W) between 9:30 p.m. and
10:30 p.m. on June 28, 2008.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons. This
rule will be in effect for only 1 hour. Vessel traffic can pass safely
around the safety zone. In the event that this temporary safety zone
affects shipping, commercial vessels may request permission from the
Captain of the Port Detroit to transit through the safety zone. The
Coast Guard will give notice to the public via a Broadcast Notice to
Mariners that the regulation is in effect.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. Small
businesses may send comments on the actions of Federal employees who
enforce, or otherwise determine compliance with, Federal regulations to
the Small Business and Agriculture Regulatory Enforcement Ombudsman and
the Regional Small Business Regulatory Fairness Boards. The Ombudsman
evaluates these actions annually and rates each agency's responsiveness
to small business. If you wish to comment on actions by employees of
the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard
will not retaliate against small entities that question or complain
about this rule or any policy or action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

Unfunded Mandates Reform Act

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

Taking of Private Property

    This rule will not affect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not concern an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    The Coast Guard recognizes the treaty rights of Native American
Tribes. Moreover, the Coast Guard is committed to working with Tribal
Governments to implement local policies and to mitigate tribal
concerns. We have determined that these special local regulations and
fishing rights protection need not be incompatible. We have also
determined that this Rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
Nevertheless, Indian Tribes that have questions concerning the
provisions of this Proposed Rule or options for compliance are
encourage to contact the

point of contact listed under FOR FURTHER INFORMATION CONTACT.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g), of the Instruction, from further
environmental documentation. This event establishes a safety zone,
therefore paragraph (34)(g) of the Instruction applies.
    A final ``Environmental Analysis Check List'' and a final
``Categorical Exclusion Determination'' is available in the docket
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.

0
2. A new temporary Sec.  165.T09-0492 is added as follows:

Sec.  165.T09-0492  Safety zone; Washington Township Fireworks, Ottawa
River, Toledo, OH.

    (a) Location: The following area is a temporary safety zone: All
waters of Ottawa River within a six hundred foot radius of the
fireworks launch area at the Fred C. Young Bridge, Toledo, OH
(41[deg]43'29'' N, 083[deg]28'47'' W) (NAD 83).
    (b) Effective period. This regulation is effective from 9:30 p.m.
until 10:30 p.m., June 28, 2008.
    (c) Regulations. (1) In accordance with the general regulations in
section 165.23 of this part, entry into, transiting, or anchoring
within this safety zone is prohibited unless authorized by the Captain
of the Port Detroit, or his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Detroit or his designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port is
any Coast Guard commissioned, warrant, or petty officer who has been
designated by the Captain of the Port to act on his behalf. The on-
scene representative of the Captain of the Port will be aboard either a
Coast Guard or Coast Guard Auxiliary vessel. The Captain of the Port or
his designated on scene representative may be contacted via VHF Channel
16.
    (4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Detroit or his on-scene
representative to obtain permission to do so. Vessel operators given
permission to enter or operate in the safety zone must comply with all
directions given to them by the Captain of the Port or his on-scene
representative.

    Dated: June 11, 2008.
P.W. Brennan,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. E8-14349 Filed 6-25-08; 8:45 am]

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