[Federal Register Volume 87, Number 72 (Thursday, April 14, 2022)]
[Notices]
[Pages 22202-22206]
[FR Doc No: 2022-07987]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RD22-2-000]

Commission Information Collection Activities (FERC-725a, FERC-
725d, FERC-725g, FERC-725m and FERC-725Z)

AGENCY: Federal Energy Regulatory Commission, Department of Energy.

ACTION: Notice of information collection and request for comments.

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SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995, the Federal Energy Regulatory Commission (Commission or
FERC) is soliciting public comment on a renewal of currently approved
information collection, (FERC-725A, FERC-725D, FERC-725G, FERC-725M and
FERC-725Z) the proposed retirement of FAC-010-3, the proposed FAC-011-
4, FAC-014-3, IRO-008-3, TOP-001-6 and proposed corresponding revisions
to FAC-003-5, PRC-002-3, PRC-023-5 and PRC-026-2 Reliability Standards.

DATES: Comments on the collection of information are due June 13, 2022.

ADDRESSES: You may submit comments (identified by Docket No. RD22-2-
000) by one of the following methods:
    Electronic filing through http://www.ferc.gov, is preferred.
     Electronic Filing: Documents must be filed in acceptable
native applications and print-to-PDF, but not in scanned or picture
format.
     For those unable to file electronically, comments may be
filed by USPS mail or by hand (including courier) delivery:
    [cir] Mail via U.S. Postal Service Only: Addressed to: Federal
Energy Regulatory Commission, Secretary of the Commission, 888 First
Street NE, Washington, DC 20426.
    [cir] Hand (including courier) delivery: Deliver to: Federal Energy
Regulatory Commission, 12225 Wilkins Avenue, Rockville, MD 20852.
    Instructions: All submissions must be formatted and filed in
accordance with submission guidelines at: http://www.ferc.gov. For user
assistance, contact FERC Online Support by email at
[email protected], or by phone at<PHONE_NUMBER> (toll-free).
    Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading comments and
issuances in this docket may do so at http://www.ferc.gov.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at
[email protected], telephone at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    Title: FERC-725A, FERC-725D, FERC-725G, FERC-725M and FERC-725Z.
    OMB Control No.: OMB Control No: 1902-244 (FERC-725A), 1902-247
(FERC-725D), 1902-252 (FERC-725G), 1902-263 (FERC-725M) and 1902-276
(FERC-725Z).
    Type of Request: Three-year approval of the FERC-725A, FERC-725D,
FERC-725G, FERC-725M and FERC-725Z information collection requirements
with changes to the current reporting requirements as follows.
    Abstract: The Electricity Modernization Act of 2005, which is Title
XII of the Energy Policy Act of 2005 \1\ (EPAct 2005), was enacted into
law. Reliability Standards that NERC proposes to the Commission may
include Reliability Standards that are proposed by a Regional Entity to
be effective in that region.\2\ Section 215 of the FPA requires a
Commission-certified ERO to develop mandatory and enforceable
Reliability Standards, subject to Commission review and approval. Once
approved, the Reliability Standards may be enforced by the ERO subject
to Commission oversight or by the Commission independently.
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    \1\ 16 U.S.C. 824d(a).
    \2\ 16 U.S.C. 824o(e)(4). A Regional Entity is an entity that
has been approved by the Commission to enforce Reliability Standards
under delegated authority from the ERO. See 16 U.S.C. 824o(a)(7) and
(e)(4).
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    The number of respondents below is based on an estimate of the NERC
compliance registry for balancing authority, transmission operator,
generator operator, generator owner and reliability coordinator. The
Commission based its paperwork burden estimates on the NERC compliance
registry as of January 7, 2022. According to the registry, there are 98
balancing authorities (BAs), 325 transmission owners (TOs), 168
transmission operators (TOPs), 204 transmission planners (TPs), 1,068
generator owners (GOs), 945 generator operators (GOPs), 302
distribution providers (DPs), 63 planning coordinators (PCs) and 12
reliability coordinators (RCs). The estimates are based on the change
in burden from the current standards to the standards approved in this
Order. The Commission based the burden estimates on staff experience,
knowledge, and expertise.
    The estimates are based combination on one-time (years 1 and 2) and
ongoing execution (year 3) obligations to follow the revised
Reliability Standards.
    The Project 2015-09 Establish and Communicate System Operating
Limits Standard Drafting Team (SDT): (1) Developed proposed revisions
to Reliability Standards and their applicable functional entities: FAC-
011-4 (RC), FAC-014-3 (PC, RC, TO, TP), IRO-008-3 (RC), and TOP-001-6
(BA, TO, GO, DP); (2) proposed the retirement of FAC-010-3 (PA/PC) and
developed corresponding revisions to FAC-003-5 (TO, GO), PRC-002-3 (RC,
TO, GO), PRC-023-5 (TO, GO, DP, PC), and PRC-026-2 (TO, GO, PC)
Reliability Standards to remove or replace references to system
operating limits

(SOLs) and interconnection reliability operating limits (IROLs)
established by planning entities.
    The developed proposed revisions to Reliability Standards are:
     FAC-011-4 is applicable to the RC and its purpose is to
ensure that SOLs used in the reliable operation of the bulk electric
system are determined based on an established RC methodology or
methodologies. NERC clarified acceptable system performance criteria
for the operations horizon and developed an SOL risk-based notification
framework through the RC's SOL methodology.
     FAC-014-3 is applicable to the PC, RC, TOP and TP and its
purpose is to ensure that SOLs used in the reliable operation of the
bulk electric system are determined based on an established RC
methodology or methodologies and that Planning Assessment performance
criteria is coordinated with these methodologies. NERC removed
references to planning horizon SOLs and IROLs and clearly delineate
specific functional entity responsibility for determining and
communicating each type of SOL used in operations.
     IRO-008-3 is applicable to the RC and requires RCs to
perform analyses and assessments to prevent instability, uncontrolled
separation, or cascading. NERC added a new requirement requiring a RC
to use its SOL methodology when determining SOL exceedances for its
analyses and assessments and further revised a requirement requiring
the RC to use its SOL risk-based notification framework when
communicating SOL or IROL exceedances.
     TOP-001-6 is applicable to the BA, TOP, GOP, and DP but
the proposed revisions only impact the TOP. NERC added a new
requirement requiring a TOP to use its RC SOL methodology when
determining SOL exceedances and further revised a requirement requiring
TOP notifications regarding SOL exceedances to be done according to the
risk-based approach in the RC's SOL methodology.
    NERC further proposes the retirement of currently effective
Reliability Standard FAC-010-3 that requires PCs and TPs to establish
SOLs for the planning horizon. The proposed retirement of FAC-010-3 is
mainly due to its redundancy with currently effective TPL-001-4
Standard and new requirements in proposed FAC-014-3.
    In addition, the proposed retirement of FAC-010-3 developed
corresponding revisions to proposed Reliability Standards FAC-003-5,
PRC-002-3, PRC-023-5, and PRC-026-2 as follows:
     FAC-003-5 is applicable to TOs and GOs and NERC proposes
to modify Applicability Sections 4.2.2 and <IP_ADDRESS> of FAC-003-5 to
replace references to ``elements of an IROL under NERC Standard FAC-014
by the Planning Coordinator'' with references to facilities:

``identified by the Planning Coordinator or Transmission Planner,
per its Planning Assessment of the Near[hyphen]Term Transmission
Planning Horizon as a Facility that if lost or degraded are expected
to result in instances of instability, Cascading, or uncontrolled
separation that adversely impacts the reliability of the Bulk
Electric System for a planning event.''

     PRC-002-3 is applicable to the RC, TO and GO and NERC
proposes to modify the applicability of the PRC-002-3 standard to
remove PCs as a responsible entity subject to the standard and replace
any references in the standard that would have included PCs with
references to RCs. NERC concluded that the RC was the appropriate
entity to carry out the duties that currently apply to PCs in certain
interconnections, including the identification of BES elements that are
part of an IROL or stability-related SOL.
     PRC-023-5 is applicable to the TO, GO, DP and PC and NERC
proposes to modify Section B2 of Attachment B to PRC-023-5 as follows:

``B2. The circuit is selected by the Planning Coordinator or
Transmission Planner based on Planning Assessments of the Near-Term
Transmission Planning Horizon that identify instances of
instability, Cascading, or uncontrolled separation, that adversely
impact the reliability of the Bulk Electric System for planning
events.``

    Attachment B sets the criteria used to determine the circuits in a
Planning Coordinator area for which Transmission Owners, Generator
Owners, and Distribution Providers must comply with certain
requirements in the standard applicable to protective relays.
     PRC-026-2 is applicable to the GO, PC and TO and NERC
proposes modification to the PRC-026-2 standard, Requirement R1,
Criteria 1, 2, and 4 to replace references to planning horizon SOLs
with references to the TPL-001-4 Planning Assessment.
    The Commission estimates that the NERC proposal, which would retire
FAC-010-3, moves impacted and revised Reliability Standards without
adding new obligations on registered entities resulting in a change in
burden for industry of 128 hours. The proposed retirement of FAC-010-3
is mainly due to its redundancy with currently effective TPL-001-4
Standard and new requirements in proposed FAC-014-3. The Commission
based the change in burden estimates on staff experience, knowledge,
and expertise.

Proposed Changes Due to the Approval of NERC's Proposed Reliability Standards and the Retirement of FAC-010-3 in
                                                Docket No. RD22-2
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                                                   Number of
                                 Type \3\ and       annual       Total number    Average number    Total burden
     Reliability standard         number of      responses per   of responses   of burden hours       hours
                                    entity          entity                        per response
                               (1)............             (2)     (1) * (2) =  (4)............  (3) * (4) = (5)
                                                                           (3)
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                                                    FERC-725D
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FAC-010-3 \4\ Retire (marked   PA/PC (63).....               1            (63)  (220.6 hrs.);    (13,898 hrs.);
 in red).                                                                        ($19,192).       ($1,209,109).
FAC-010-2.1, R5 \5\ (FERC-     PA.............               1            (63)  (25.4 hrs.);     (1,600 hrs.);
 725D).                                                                          ($2,209.8).      ($139,217).
                              ----------------------------------------------------------------------------------
Total Retirement for FAC-010-  PA.............               1            (63)  (246)..........  (15,498 hrs.);
 3 \6\.                                                                                ($1,348,326).
One Time Estimate Years 1 and
 2:
    FAC-011-4................  RC (12)........               1              12  176 hrs.;        2,112 hrs.;
                                                                                $15,312.         $183,744.
    FAC-014-3................  RC (12)........               1              12  64 hrs.; $5,568  768 hrs.;
                                                                                $66,816.

    FAC-014-3................  PA/PC (63).....               1              63  96 hrs.; $8,352  6,048 hrs.;
                                                                                $526,176.
    FAC-014-3................  TP (204).......               1             204  96 hrs.; $8,352  19,584 hrs.;
                                                                                $1,703,808.
    FAC-014-3................  TOP (168)......               1             168  32 hrs.; $2,784  5,376 hrs.;
                                                                                $467,712.
Ongoing Estimate Year 3
 ongoing:
    FAC-011-4................  RC (12)........               1              12  16 hrs.; $1,392  192 hrs.;
                                                                                $16,704.
    FAC-014-3................  RC (12)........               1              12  16 hrs.; $1,392  192 hrs.;
                                                                                $16,704.
    FAC-014-3................  PA/PC (63).....               1              63  16 hrs.; $1,392  1,008 hrs.;
                                                                                $87,696.
    FAC-014-3................  TP (204).......               1             204  16 hrs.; $1,392  3,264 hrs.;
                                                                                $334,080.
    FAC-014-3................  TOP (168)......               1             168  16 hrs.; $1,392  2,688 hrs.;
                                                                                $233,856.
                              ----------------------------------------------------------------------------------
        Sub-Total for FERC-    ...............  ..............             918  ...............  41,232hrs;
         725D.                                                                                $3,637,296.
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                                                  FERC-725M \7\
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One Time Estimate Years 1 and
 2:
    FAC-003-5................  TO (325).......               4           1,300  8 hrs.; $696...  10,400 hrs.;
                                                                                $904,800.
    FAC-003-5................  GO (1068)......               4           4,272  8 hrs.; $696...  34,176 hrs.;
                                                                                $2,973,312.
                              ----------------------------------------------------------------------------------
Ongoing Estimate Year 3
 ongoing:
        Sub-Total for FERC-    ...............  ..............           5,572  ...............  44,576hrs;
         725M.                                                                                $3,878,112.
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                                                    FERC-725G
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One Time Estimate Years 1 and
 2:
    PRC-002-3 \8\............  RC (12)........               1              12  32 hrs.; $2,784  384 hrs.;
                                                                                $33,408.
    PRC-002-3 \9\ Retired      PA/PC (35).....               1            (35)  (32 hrs.);       (2,016 hrs.);
     (marked in red).                                                            ($2,784).        ($175,392).
    PRC-023-5 \10\...........  PA/PC (63).....               1              63  32 hrs.; $2,784  2,016 hrs.;
                                                                                $175,392.
    PRC-026-2 \11\...........  PA/PC (63).....               1              63  32 hrs.; $2,784  2,016 hrs.;
                                                                                $175,392.
Ongoing Estimate Year 3
 ongoing:
    PRC-002-3................  RC (12)........               1              12  16 hrs.; $1,392  192 hrs.;
                                                                                $16,704.
                              ----------------------------------------------------------------------------------
        Sub-Total for FERC-    ...............  ..............             150  ...............  4,608hrs;
         725G.                                                                                $400,896.
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                                                    FERC-725Z
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One Time Estimate Years 1 and
 2:
    IRO-008-3................  RC (12)........               1              12  32 hrs.; $2784.  384 hrs.;
                                                                                $33,408.
Ongoing Estimate Year 3
 ongoing:
    IRO-008-3................  RC (12)........               1              12  16 hrs.; $1,392  144 hrs.;
                                                                                $16,704.
                              ----------------------------------------------------------------------------------
        Sub-Total for FERC-    ...............  ..............              24  ...............  528 hrs.;
         725Z.                                                                                $50,112.
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                                                    FERC-725A
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One Time Estimate Years 1 and
 2:
    TOP-001-6 \12\...........  TOP (168)......               1             168  32 hrs.; $2,784  5,376 hrs.;
                                                                                $467,712.
Ongoing Estimate Year 3
 ongoing:
    TOP-001-6................  TOP (168)......               1             168  16 hrs.; $1,392  2,688hrs;
                                                                                $233,856.
                              ----------------------------------------------------------------------------------
        Sub-Total for FERC-    ...............  ..............             336  ...............  8,064 hrs.;
         725A.                                                                                $701,568.
        Total Reductions Due   ...............  ..............  ..............  ...............  99,008 hrs.;
         to Docket No. RD22-2-                                                                    $8,667,984.
         000.
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    Titles: FERC-725A, Mandatory Reliability Standard: TOP-001-6; FERC-
725D, Mandatory Reliability Standards for the Bulk Power System:
Reliability Standards FAC-010, FAC-011, FAC-014; FERC-725G, Mandatory
Reliability Standards for Bulk-Power System: Reliability Standard PRC;
FERC-725Z, Mandatory Reliability Standards for the Bulk-Power System:
Reliability Standard IRO; FERC-725M, Mandatory Reliability Standards:

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    \3\ RC=Reliability Coordinator; BA=Balancing Authority;
TP=Transmission Planner; TOP=Transmission Operator; TO=Transmission
Owner; GO=Generator Owner; DP=Distribution Provider; PA/PC=Planning
Coordinator; and RC=Reliability Coordinator.
    \4\ FAC-010-2, FAC-011-2 and FAC-014 -2 were all approved by the
Commission in ((Docket No. IC14-5-000 COMMISSION INFORMATION
COLLECTION ACTIVITIES (FERC-725D); COMMENT REQUEST; EXTENSION
(February 21, 2014)) with a burden of 138,979 hours. Staff estimates
that the PC burden under FAC-010-3 from that estimate is 10 percent
of the total or 13,898 hours. FERC staff estimates that industry
costs for salary plus benefits are similar to Commission costs. The
FERC 2021 average salary plus benefits for one FERC full-time
equivalent (FTE) is $180,703/year (or $87.00/hour) posted by the
Bureau of Labor Statistics for the Utilities sector (available at
https://www.bls.gov/oes/current/naics3_221000.htm).
    \5\ In Docket No. RM13-8-000 FERC 725D OMB Control: From 1902-
0247 for the FAC-010-2.1 Requirement R5 burden of 1,600hrs should be
retired with full retirement of FAC-010-3.
    \6\ The total of manhours associated FAC-010-3 equals the sum of
13,898 hrs. + 1,600 hrs. = 15,498 hrs.
    \7\ Proposed revision is a one-time change to align updated
terminology in the NERC Standards.
    \8\ Proposed revision adds burden to the RC only.
    \9\ The removal of the PC from PRC-002-3 is a one-time reduction
in burden. Eastern and ERCOT interconnection impacted.
    \10\ Proposed revision adds burden to the PA/PC only and is a
one-time change to align updated terminology in the NERC Standards.
    \11\ Proposed revision adds burden to the PA/PC only and is a
one-time change to align updated terminology in the NERC Standards.
    \12\ Proposed revision adds burden to the TOP only.
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    Action: Changes to Existing Collections of Information, FERC-725A,
FERC-725G, FERC-725M, FERC-725Z, 725D, and Elimination of Collections
of Information.
    OMB Control Nos: 1902-0244 (FERC-725A); 1902-0247 (FERC-725D);
1902-0252 (FERC-725G); 1902-0263 (FERC-725M) and 1902-0276 (FERC-725Z).
    Respondents: Business or other for profit, and not for profit
institutions.
    Frequency of Responses: On occasion (and proposed for deletion).
    Necessity of the Information: This proceeding approves the
retirement of FAC-010-3 (System Operating Limits Methodology for the
Planning Horizon) Reliability Standards. Reliability Standards FAC-011-
4 (System Operating Limits Methodology for the Operations Horizon),
FAC-014-3 (Establish and Communicate System Operating Limits), FAC-003-
5 (Transmission Vegetation Management), PRC-002-3 (Disturbance
Monitoring and Reporting Requirements), PRC-023-5 (Transmission Relay
Load-ability), PRC-026-2 (Transmission Relay Load-ability), IRO-008-3
(Reliability Coordinator Operational Analyses and Real-time
Assessments), TOP-001-6 (Transmission Operations) are part of the
implementation of the Congressional mandate of the Energy Policy Act of
2005 to develop mandatory and enforceable Reliability Standards to
better ensure the reliability of the nation's Bulk Power system.
Specifically, the revised standards ensure generating resources are
prepared for local cold weather events and that entities will
effectively communicate information need operating the Bulk Power
System.
    Internal review: The Commission has reviewed NERC's proposal and
determined that its action is necessary to implement section 215 of the
FPA. The Commission has assured itself, by means of its internal
review, that there is specific, objective support for the burden
reduction estimates associated with the information requirements
approved for retirement.
    Interested persons may obtain information on the reporting
requirements by contacting the Federal Energy Regulatory Commission,
Office of the Executive Director, 888 First Street NE, Washington, DC
20426 [Attention: Ellen Brown, email: [email protected], phone:
(202) 502-8663, fax:<PHONE_NUMBER>].
    Comments concerning the information collections and requirements
approved for retirement in this Final Rule and the associated

burden estimates, should be sent to the Commission in this docket and
may also be sent to the Office of Management and Budget, Office of
Information and Regulatory Affairs [Attention: Desk Officer for the
Federal Energy Regulatory Commission]. For security reasons, comments
should be sent by email to OMB at the following email address:
[email protected]. Please refer to the appropriate OMB
Control Number(s) and Docket No. RD22-2-000 in your submission.

Environmental Analysis

    The Commission is required to prepare an Environmental Assessment
or an Environmental Impact Statement for any action that may have a
significant adverse effect on the human environment.\13\ The Commission
has categorically excluded certain actions from this requirement as not
having a significant effect on the human environment. Included in the
exclusion are rules that are clarifying, corrective, or procedural or
that do not substantially change the effect of the regulations being
amended.\14\ The actions approved here fall within this categorical
exclusion in the Commission's regulations.
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    \13\ Regulations Implementing the National Environmental Policy
Act of 1969, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats.
& Regs., Regulations Preambles 1986-1990 ] 30,783 (1987).
    \14\ 18 CFR 380.4(a)(2)(ii).
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Document Availability

    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) and
in the Commission's Public Reference Room during normal business hours
(8:30 a.m. to 5:00 p.m. Eastern time) at 888 First Street NE, Room 2A,
Washington, DC 20426.
    From the Commission's Home Page on the internet, this information
is available on eLibrary. The full text of this document is available
on eLibrary in PDF and Microsoft Word format for viewing, printing,
and/or downloading. To access this document in eLibrary, type the
docket number excluding the last three digits of this document in the
docket number field.
    User assistance is available for eLibrary and the Commission's
website during normal business hours from the Commission's Online
Support at<PHONE_NUMBER> (toll free at 1-866-208-3676) or email at
[email protected], or the Public Reference Room at (202) 502-
8371, TTY<PHONE_NUMBER>. Email the Public Reference Room at
[email protected].

    By direction of the Commission.

    Dated: April 8, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-07987 Filed 4-13-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 104 (Monday, June 1, 2015)]
[Notices]
[Pages 31027-31028]
[FR Doc No: 2015-13077]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC15-146-000.
    Applicants: NRG Yield Operating LLC, Desert Sunlight 250, LLC,
Desert Sunlight 300, LLC.
    Description: Joint Application for Approval under Section 203 of
the Federal Power Act and Request for Expedited Approval of NRG Yield
Operating LLC, et al.
    Filed Date: 5/22/15.
    Accession Number: 20150522-5471.
    Comments Due: 5 p.m. ET 6/12/15.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-1484-010.
    Applicants: Shell Energy North America (US), L.P.
    Description: Supplement to December 29, 2014 Updated Market Power
Analysis for the Southeast Region of Shell Energy North America (US),
L.P.
    Filed Date: 5/26/15.
    Accession Number: 20150526-5150.
    Comments Due: 5 p.m. ET 6/9/15.

    Docket Numbers: ER13-1936-001.
    Applicants: PJM Interconnection, L.L.C.
    Description: Compliance filing per 35: Compliance Filing per 1/23/
15 Order in Docket No. ER13-1936 to be effective 1/1/2015.
    Filed Date: 5/26/15.
    Accession Number: 20150526-5181.
    Comments Due: 5 p.m. ET 6/16/15.

    Docket Numbers: ER15-1456-001.
    Applicants: Beaver Falls, L.L.C.
    Description: Tariff Amendment per 35.17(b): Amended Notice of
Succession to be effective 3/6/2015.
    Filed Date: 5/26/15.
    Accession Number: 20150526-5157.
    Comments Due: 5 p.m. ET 6/16/15.

    Docket Numbers: ER15-1457-001.
    Applicants: Syracuse, L.L.C.
    Description: Tariff Amendment per 35.17(b): Amended Notice of
Succession to be effective 3/6/2015.
    Filed Date: 5/26/15.
    Accession Number: 20150526-5164.
    Comments Due: 5 p.m. ET 6/16/15.

    Docket Numbers: ER15-1543-001.
    Applicants: Wisconsin Public Service Corporation.
    Description: Tariff Amendment per 35.17(b): Revised Local Balancing
Authority Area Agreement Between WPSC an to be effective 7/25/2015.
    Filed Date: 5/26/15.
    Accession Number: 20150526-5160.
    Comments Due: 5 p.m. ET 6/16/15.

    Docket Numbers: ER15-1776-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): 2015-
05-22 Pricing under Emergency to be effective 12/31/9998.
    Filed Date: 5/22/15.
    Accession Number: 20150522-5376.
    Comments Due: 5 p.m. ET 6/12/15.

    Docket Numbers: ER15-1777-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii):
Heartland Consumers Power District Formula Rate to be effective 10/1/
2015.
    Filed Date: 5/22/15.
    Accession Number: 20150522-5377.
    Comments Due: 5 p.m. ET 6/12/15.

    Take notice that the Commission received the following electric
securities filings:

    Docket Numbers: ES15-30-000.
    Applicants: The United Illuminating Company.
    Description: Supplemental Exhibits to May 8, 2015 Application
requesting authorization to issue short-term debt securities in an
amount not to exceed $400 million of The United Illuminating Company.
    Filed Date: 5/22/15.
    Accession Number: 20150522-5117.
    Comments Due: 5 p.m. ET 6/1/15.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: May 26, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-13077 Filed 5-29-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 180 (Friday, September 16, 2016)]
[Notices]
[Pages 63770-63771]
[FR Doc No: 2016-22345]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-E-2372]

Determination of Regulatory Review Period for Purposes of Patent
Extension; LUMASON

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) has determined the
regulatory review period for LUMASON and is publishing this notice of
that determination as required by law. FDA has made the determination
because of the submission of an application to the Director of the U.S.
Patent and Trademark Office (USPTO), Department of Commerce, for the
extension of a patent which claims that human drug product.

DATES: Anyone with knowledge that any of the dates as published (in the
SUPPLEMENTARY INFORMATION section) are incorrect may submit either
electronic or written comments and ask for a redetermination by
November 15, 2016. Furthermore, any interested person may petition FDA
for a determination regarding whether the applicant for extension acted
with due diligence during the regulatory review period by March 15,
2017. See ``Petitions'' in the SUPPLEMENTARY INFORMATION section for
more information.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

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

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of
Dockets Management, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2014-E-2372 for ``Determination of Regulatory Review Period for
Purposes of Patent Extension; LUMASON.'' Received comments will be
placed in the docket and, except for those submitted as ``Confidential
Submissions,'' publicly viewable at http://www.regulations.gov or at
the Division of Dockets Management between 9 a.m. and 4 p.m., Monday
through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on http://www.regulations.gov.
Submit both copies to the Division of Dockets Management. If you do not
wish your name and contact information to be made publicly available,
you can provide this information on the cover sheet and not in the body
of your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to http://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Division of Dockets Management, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Beverly Friedman, Office of Regulatory
Policy, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
51, Rm. 6250, Silver Spring, MD 20993,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Drug Price Competition and Patent Term Restoration Act of 1984
(Pub. L. 98-417) and the Generic Animal Drug and Patent Term
Restoration Act (Pub. L. 100-670) generally provide that a patent may
be extended for a period of up to 5 years so long as the patented item
(human drug product, animal drug product, medical device, food
additive, or color additive) was subject to regulatory review by FDA
before the item was marketed. Under these acts, a product's regulatory
review period forms the basis for determining the amount of extension
an applicant may receive.
    A regulatory review period consists of two periods of time: A
testing phase and an approval phase. For human drug products, the
testing phase begins when the exemption to permit the clinical

investigations of the drug becomes effective and runs until the
approval phase begins. The approval phase starts with the initial
submission of an application to market the human drug product and
continues until FDA grants permission to market the drug product.
Although only a portion of a regulatory review period may count toward
the actual amount of extension that the Director of USPTO may award
(for example, half the testing phase must be subtracted as well as any
time that may have occurred before the patent was issued), FDA's
determination of the length of a regulatory review period for a human
drug product will include all of the testing phase and approval phase
as specified in 35 U.S.C. 156(g)(1)(B).
    FDA has approved for marketing the human drug product, LUMASON
(sulfur hexafluoride microbubbles). LUMASON is an ultrasound contrast
agent indicated for use in patients with suboptimal echocardiograms to
opacify the left ventricular chamber and to improve the delineation of
the left ventricular endocardial border. Subsequent to this approval,
the USPTO received a patent term restoration application for LUMASON
(U.S. Patent No. 5,686,060) from Bracco Suisse SA, and the USPTO
requested FDA's assistance in determining this patent's eligibility for
patent term restoration. In a letter dated October 22, 2015, FDA
advised the USPTO that this human drug product had undergone a
regulatory review period and that the approval of LUMASON represented
the first permitted commercial marketing or use of the product.
Thereafter, the USPTO requested that FDA determine the product's
regulatory review period.

II. Determination of Regulatory Review Period

    FDA has determined that the applicable regulatory review period for
LUMASON is 7,199 days. Of this time, 6,174 days occurred during the
testing phase of the regulatory review period, while 1,025 days
occurred during the approval phase. These periods of time were derived
from the following dates:
    1. The date an exemption under section 505(i) of the Federal Food,
Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 355(i)) became
effective: January 26, 1995. The applicant claims December 23, 1994, as
the date the investigational new drug application (IND) became
effective. However, FDA records indicate that the IND effective date
was January 26, 1995, which was 30 days after FDA receipt of the IND.
    2. The date the application was initially submitted with respect to
the human drug product under section 505(b) of the FD&C Act: December
21, 2011. The applicant claims December 20, 2011, as the date the NDA
for LUMASON was initially submitted. However, FDA records indicate that
NDA 203684 was submitted on December 21, 2011.
    3. The date the application was approved: October 10, 2014. FDA has
verified the applicant's claim that NDA 203684 was approved on October
10, 2014.
    This determination of the regulatory review period establishes the
maximum potential length of a patent extension. However, the USPTO
applies several statutory limitations in its calculations of the actual
period for patent extension. In its application for patent extension,
this applicant seeks 5 years of patent term extension.

III. Petitions

    Anyone with knowledge that any of the dates as published are
incorrect may submit either electronic or written comments and ask for
a redetermination (see DATES). Furthermore, any interested person may
petition FDA for a determination regarding whether the applicant for
extension acted with due diligence during the regulatory review period.
To meet its burden, the petition must be timely (see DATES) and contain
sufficient facts to merit an FDA investigation. (See H. Rept. 857, part
1, 98th Cong., 2d sess., pp. 41-42, 1984.) Petitions should be in the
format specified in 21 CFR 10.30.
    Submit petitions electronically to http://www.regulations.gov at
Docket No. FDA-2013-S-0610. Submit written petitions (two copies are
required) to the Division of Dockets Management (HFA-305), Food and
Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    Dated: September 12, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-22345 Filed 9-15-16; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 83, Number 213 (Friday, November 2, 2018)]
[Notices]
[Page 55191]
[FR Doc No: 2018-23919]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4402-DR; Docket ID FEMA-2018-0001]

Wisconsin; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Wisconsin (FEMA-4402-DR), dated October 18,
2018, and related determinations.

DATES: The declaration was issued October 18, 2018.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated October 18, 2018, the President issued a major disaster
declaration under the authority of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the
``Stafford Act''), as follows:

    I have determined that the damage in certain areas of the State
of Wisconsin resulting from severe storms, tornadoes, straight-line
winds, flooding, and landslides during the period of August 17 to
September 14, 2018, is of sufficient severity and magnitude to
warrant a major disaster declaration under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq.
(the ``Stafford Act''). Therefore, I declare that such a major
disaster exists in the State of Wisconsin.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Individual Assistance and Public
Assistance in the designated areas and Hazard Mitigation throughout
the State. Consistent with the requirement that Federal assistance
be supplemental, any Federal funds provided under the Stafford Act
for Hazard Mitigation and Other Needs Assistance will be limited to
75 percent of the total eligible costs. Federal funds provided under
the Stafford Act for Public Assistance also will be limited to 75
percent of the total eligible costs, with the exception of projects
that meet the eligibility criteria for a higher Federal cost-sharing
percentage under the Public Assistance Alternative Procedures Pilot
Program for Debris Removal implemented pursuant to section 428 of
the Stafford Act.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The time period prescribed for the implementation of section
310(a), Priority to Certain Applications for Public Facility and Public
Housing Assistance, 42 U.S.C. 5153, shall be for a period not to exceed
six months after the date of this declaration.
    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Steven W. Johnson, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of Wisconsin have been designated
as adversely affected by this major disaster:

    Crawford, Dane, Juneau, La Crosse, Monroe, Richland, Sauk, and
Vernon Counties for Individual Assistance.
    Adams, Crawford, Dane, Fond du Lac, Green Lake, Iron, Juneau, La
Crosse, Marquette, Monroe, Ozaukee, Richland, Sauk, and Vernon
Counties for Public Assistance.
    All areas within the State of Wisconsin are eligible for
assistance under the Hazard Mitigation Grant Program.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

Brock Long,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2018-23919 Filed 11-1-18; 8:45 am]
 BILLING CODE 9111-11-P


[Federal Register Volume 82, Number 198 (Monday, October 16, 2017)]
[Rules and Regulations]
[Pages 47985-47988]
[FR Doc No: 2017-22243]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0592; FRL-9969-40-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Virginia; Amendment to Ambient Air Quality Standard for Ozone

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve a revision to the Commonwealth of Virginia
state implementation plan (SIP). This revision consists of an amendment
to Virginia's SIP to incorporate by reference, the most recent federal
ambient air quality standard for ozone. EPA is approving this revision
in accordance with the requirements of the Clean Air Act (CAA).

DATES: This rule is effective on December 15, 2017 without further
notice, unless EPA receives adverse written comment by November 15,
2017. If EPA receives such comments, it will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2016-0592 at http://www.regulations.gov, or via email to
<EMAIL_ADDRESS>For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be confidential business information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the For Further Information Contact section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Gavin Huang,<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On October 26, 2015 (80 FR 65292), EPA revised the primary and
secondary national ambient air quality standards (NAAQS) for ozone to
0.070 parts per million (ppm). The primary and secondary ambient air
quality standards are met at an ambient air quality monitoring site
when the 3-year average of the annual fourth-highest daily maximum 8-
hour average ozone concentration is less than or equal to 0.070 ppm.
    On July 25, 2016, the Commonwealth of Virginia through the Virginia
Department of Environmental Quality (VADEQ) submitted a formal revision
to its SIP. The SIP revision seeks to incorporate the 2015 ozone NAAQS
promulgated by EPA into the Virginia SIP.

II. Summary of SIP Revision and EPA Analysis

    In the July 25, 2016 SIP submission, Virginia seeks to add
regulation 9VAC5-30-57 ``Ozone (8-hour 0.070 ppm)'' to the Virginia
SIP. Regulation 9VAC5-30-57 incorporates by reference the 2015 ozone
NAAQS as promulgated by EPA and is consistent with the NAAQS set out in
40 CFR part 50. See 80 FR 65292 (October 26, 2015).

    Virginia's submittal seeks to incorporate the revised 2015 ozone
NAAQS, as promulgated by EPA, into the approved Virginia SIP.
Therefore, EPA finds the SIP submittal approvable pursuant to section
110 of the CAA.

III. Final Action

    EPA is approving the July 25, 2016 Virginia SIP revision submittal
which seeks to add regulation 9VAC5-30-57 ``Ozone (8-hour 0.070 ppm)''
to the Virginia SIP pursuant to section 110 of the CAA. Regulation
9VAC5-30-57 sets the level of the 8-hour ozone standard at 0.070 ppm,
consistent with EPA's 2015 ozone NAAQS. EPA is publishing this rule
without prior proposal because EPA views this as a noncontroversial
amendment and anticipates no adverse comment. However, in the
``Proposed Rules'' section of this Federal Register, EPA is publishing
a separate document that will serve as the proposal to approve the SIP
revision if adverse comments are filed. This rule will be effective on
December 15, 2017 without further notice unless EPA receives adverse
comment by November 15, 2017. If EPA receives adverse comment, EPA will
publish a timely withdrawal in the Federal Register informing the
public that the rule will not take effect. EPA will address all public
comments in a subsequent final rule based on the proposed rule. EPA
will not institute a second comment period on this action. Any parties
interested in commenting must do so at this time.

IV. General Information Pertaining to SIP Submittals From the
Commonwealth of Virginia

    In 1995, Virginia adopted legislation that provides, subject to
certain conditions, for an environmental assessment (audit)
``privilege'' for voluntary compliance evaluations performed by a
regulated entity. The legislation further addresses the relative burden
of proof for parties either asserting the privilege or seeking
disclosure of documents for which the privilege is claimed. Virginia's
legislation also provides, subject to certain conditions, for a penalty
waiver for violations of environmental laws when a regulated entity
discovers such violations pursuant to a voluntary compliance evaluation
and voluntarily discloses such violations to the Commonwealth and takes
prompt and appropriate measures to remedy the violations. Virginia's
Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1-
1198, provides a privilege that protects from disclosure documents and
information about the content of those documents that are the product
of a voluntary environmental assessment. The Privilege Law does not
extend to documents or information that: (1) Are generated or developed
before the commencement of a voluntary environmental assessment; (2)
are prepared independently of the assessment process; (3) demonstrate a
clear, imminent and substantial danger to the public health or
environment; or (4) are required by law.
    On January 12, 1998, the Commonwealth of Virginia Office of the
Attorney General provided a legal opinion that states that the
Privilege Law, Va. Code Sec. 10.1-1198, precludes granting a privilege
to documents and information ``required by law,'' including documents
and information ``required by federal law to maintain program
delegation, authorization or approval,'' since Virginia must ``enforce
federally authorized environmental programs in a manner that is no less
stringent than their federal counterparts. . . .'' The opinion
concludes that ``[r]egarding Sec.  10.1-1198, therefore, documents or
other information needed for civil or criminal enforcement under one of
these programs could not be privileged because such documents and
information are essential to pursuing enforcement in a manner required
by federal law to maintain program delegation, authorization or
approval.'' Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides
that ``[t]o the extent consistent with requirements imposed by federal
law,'' any person making a voluntary disclosure of information to a
state agency regarding a violation of an environmental statute,
regulation, permit, or administrative order is granted immunity from
administrative or civil penalty. The Attorney General's January 12,
1998 opinion states that the quoted language renders this statute
inapplicable to enforcement of any federally authorized programs, since
``no immunity could be afforded from administrative, civil, or criminal
penalties because granting such immunity would not be consistent with
federal law, which is one of the criteria for immunity.''
    Therefore, EPA has determined that Virginia's Privilege and
Immunity statutes will not preclude the Commonwealth from enforcing its
program consistent with the federal requirements. In any event, because
EPA has also determined that a state audit privilege and immunity law
can affect only state enforcement and cannot have any impact on federal
enforcement authorities, EPA may at any time invoke its authority under
the CAA, including, for example, sections 113, 167, 205, 211 or 213, to
enforce the requirements or prohibitions of the state plan,
independently of any state enforcement effort. In addition, citizen
enforcement under section 304 of the CAA is likewise unaffected by
this, or any, state audit privilege or immunity law.

V. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of Virginia
9VAC5-30-57 described in the amendment to 40 CFR part 52 set forth
below. EPA has made, and will continue to make, these materials
generally available through www.regulations.gov and/or at the EPA
Region III Office (please contact the person identified in the For
Further Information Contact section of this preamble for more
information). Therefore, these materials have been approved by EPA for
inclusion in the SIP, have been incorporated by reference by EPA into
that plan, are fully federally enforceable under sections 110 and 113
of the CAA as of the effective date of the final rulemaking of EPA's
approval, and will be incorporated by reference by the Director of the
Federal Register in the next update of the SIP compilation.\1\
---------------------------------------------------------------------------

    \1\ 62 FR 27968 (May 22, 1997).
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VI. Statutory and Executive Order Reviews

A. General Requirements

    Under the 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, 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 Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities

under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land as
defined in 18 U.S.C. 1151 or in any other area where EPA or an Indian
tribe has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).

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. 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).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 15, 2017. 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 this 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 action.
    This action adding regulation 9VAC5-30-57 ``Ozone (8-hour 0.070
ppm)'' to the Virginia SIP may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Ozone.

    Dated: September 22, 2017.
Cecil Rodrigues,
Acting Regional Administrator, Region III.

    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.

Subpart VV--Virginia

0
2. In Sec.  52.2420, the table in paragraph (c) is amended by adding an
entry for Section 5-30-57 in numerical order to read as follows:

Sec.  52.2420   Identification of plan.

* * * * *
    (c) * * *

                                 EPA-Approved Virginia Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
                                                           State                             Explanation [former
        State citation              Title/subject     effective date    EPA approval date       SIP citation]
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                          9 VAC 5, Chapter 30 Ambient Air Quality Standards [Part III]
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
5-30-57.......................  Ozone (8-hour, 0.070      06/01/2016  10/16/2017, [Insert   ....................
                                 ppm).                                 Federal Register
                                                                       Citation].

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

* * * * *
[FR Doc. 2017-22243 Filed 10-13-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 115 (Thursday, June 14, 2012)]
[Rules and Regulations]
[Pages 35618-35619]
[FR Doc No: 2012-14406]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2012-0286; Airspace Docket No. 11-AWP-22]
RIN 2120-AA66

Establishment of Area Navigation (RNAV) Routes; Southwestern
United States

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes two new low-altitude RNAV routes,
designated T-306 and T-310, in the southwestern United States. The new
routes expand the availability of RNAV within the National Airspace
System (NAS) and provide substitute route segments for portions of VOR
Federal airways V-16 and V-202.

DATES: Effective date 0901 UTC, July 26, 2012. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace, Regulations
and ATC Procedures Group, Office of Airspace Services, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591;
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    On April 23, 2012, the FAA published in the Federal Register a
notice of proposed rulemaking (NPRM) to establish two new RNAV routes
in the southwestern United States (77 FR 24157).
    Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal. No comments
objecting to the proposal were received.

The Rule

    The FAA is amending Title 14, Code of Federal Regulations (14 CFR)
part 71 establishing two RNAV routes, designated T-306 and T-310, in
the southwestern United States. T-306 extends between Los Angeles, CA,
and El Paso, TX; and T-310 extends between Tucson, AZ, and Truth or
Consequences, NM. The routes expand the availability of RNAV within the
NAS and provides substitute route segments for portions of VOR Federal
airways V-16 and V-202 that will be affected by the scheduled
decommissioning of the Cochise, NM, VORTAC in the Fall of 2012.
    Low altitude RNAV routes are published in paragraph 6011 of FAA
Order 7400.9V dated August 9, 2011, and effective September 15, 2011,
which is incorporated by reference in 14 CFR 71.1. The RNAV routes
listed in this document will be published subsequently in the Order.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation: (1) Is not a ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under Department of Transportation (DOT) Regulatory Policies and
Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant
preparation of a regulatory evaluation as the anticipated impact is so
minimal. Since this is a routine matter that will only affect air
traffic procedures and air navigation, it is certified that this rule,
when promulgated, will not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of the
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it establishes RNAV routes to enhance the safe and efficient flow of
traffic in the southwestern United States.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1E, ``Environmental Impacts: Policies and
Procedures,'' paragraph 311a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9V,
Airspace Designations and Reporting Points, dated August 9, 2011, and
effective September 15, 2011, is amended as follows:

Paragraph 6011 United States area navigation routes.

* * * * *

T-306 Los Angeles, CA (LAX) to El Paso, TX (ELP) [New]

Los Angeles, CA (LAX)                               VORTAC                      (Lat. 33[deg]55'59'' N., long. 118[deg]25'55'' W.)
PRADO, CA                                           INT                         (Lat. 33[deg]55'23'' N., long. 117[deg]47'02'' W.)
Paradise, CA (PDZ)                                  VORTAC                      (Lat. 33[deg]55'06'' N., long. 117[deg]31'48'' W.)
SETER, CA                                           INT                         (Lat. 33[deg]54'04'' N., long. 117[deg]06'33'' W.)
BANDS, CA                                           INT                         (Lat. 33[deg]53'23'' N., long. 116[deg]50'58'' W.)
Palm Springs, CA (PSP)                              VORTAC                      (Lat. 33[deg]52'12'' N., long. 116[deg]25'47'' W.)
Blythe, CA (BLH)                                    VORTAC                      (Lat. 33[deg]35'46'' N., long. 114[deg]45'41'' W.)
Buckeye, AZ (BXK)                                   VORTAC                      (Lat. 33[deg]27'12'' N., long. 112[deg]49'29'' W.)
PERKY, AZ                                           INT                         (Lat. 33[deg]26'45'' N., long. 112[deg]28'23'' W.)
Phoenix, AZ (PXR)                                   VORTAC                      (Lat. 33[deg]25'59'' N., long. 111[deg]58'13'' W.)
TOTEC, AZ                                           INT                         (Lat. 32[deg]49'36'' N., long. 111[deg]38'32'' W.)
Tucson, AZ (TUS)                                    VORTAC                      (Lat. 32[deg]05'43'' N., long. 110[deg]54'53'' W.)
NOCHI, AZ                                           WP                          (Lat. 32[deg]02'00'' N., long. 109[deg]45'30'' W.)
ANIMA, AZ                                           INT                         (Lat. 31[deg]54'58'' N., long. 108[deg]30'51'' W.)
DARCE, NM                                           INT                         (Lat. 31[deg]53'12'' N., long. 108[deg]13'21'' W.)
Columbus, NM (CUS)                                  VOR/DME                     (Lat. 31[deg]49'09'' N., long. 107[deg]34'28'' W.)
El Paso, TX (ELP)                                   VORTAC                      (Lat. 31[deg]48'57'' N., long. 106[deg]16'55'' W.)

T-310 Tucson, AZ (TUS) to Truth or Consequences, NM (TCS) [New]
Tucson, AZ (TUS)                                    VORTAC                      (Lat. 32[deg]05'43'' N., long. 110[deg]54'53'' W.)
SULLI, AZ                                           INT                         (Lat. 31[deg]56'04'' N., long. 110[deg]34'16'' W.)
MESCA, AZ                                           INT                         (Lat. 31[deg]53'38'' N., long. 110[deg]29'08'' W.)
NOCHI, AZ                                           WP                          (Lat. 31[deg]59'58'' N., long. 108[deg]30'51'' W.)
San Simon, AZ (SSO)                                 VORTAC                      (Lat. 32[deg]16'09'' N., long. 109[deg]15'47'' W.)
Silver City, NM (SVC)                               VORTAC                      (Lat. 32[deg]38'16'' N., long. 108[deg]09'40'' W.)
Truth or Consequences, NM (TCS)                     VORTAC                      (Lat. 33[deg]16'57'' N., long. 107[deg]16'50'' W.)

    Issued in Washington, DC, on June 7, 2012.
Colby Abbott,
Acting Manager, Airspace, Regulations and ATC Procedures Group.
[FR Doc. 2012-14406 Filed 6-13-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 76 (Wednesday, April 20, 2011)]
[Notices]
[Page 22161]
[FR Doc No: 2011-9499]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Fifty Seventh Meeting: RTCA Special Committee 135, Environmental
Conditions and Test Procedures for Airborne Equipment

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Notice of Joint RTCA Special Committee 135: Environmental
Conditions and Test Procedures for Airborne Equipment.

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SUMMARY: The FAA is issuing this notice to advise the public of a
meeting of RTCA Special Committee 135: Environmental Conditions and
Test Procedures for Airborne Equipment.

DATES: The meeting will be held May 11-12, 2011 from 9 a.m.-5 p.m.

ADDRESSES: The meeting will be held at Embry-Riddle University,
Building 58, Room 106, Prescott, AZ 86301-3720.

FOR FURTHER INFORMATION CONTACT: (1) RTCA Secretariat, 1828 L Street,
NW., Suite 805, Washington, DC 20036; telephone<PHONE_NUMBER>; fax
(202) 833-9434; Web site http://www.rtca.org.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., Appendix 2), notice
is hereby given for a RTCA Special Committee 135: Environmental
Conditions and Test Procedures for Airborne Equipment.
    The agenda will include:

Tuesday-Wednesday, May 11-12, 2011

 9 a.m.-5 p.m.
     Chairmen's Opening Remarks, Introductions.
     Approval of Summary from Fifty-Sixth Meeting (RTCA Paper
No. 224-110/SC 135-683).
     Review Approved Revised SC135 TOR (Terms of Reference)--
Environmental Conditions and Test Procedures for Airborne Equipment--
(RTCA Paper No. 067-11/SCPMC887).
     Review Proposal of User's Guides.
     Review Working Group Activities.
     Review Revised Terms of Reference.
     New or unfinished business.
     Establish Date for Next SC-135 Meeting.
     Adjourn.

    Attendance is open to the interested public but limited to space
availability. With the approval of the chairmen, members of the public
may present oral statements at the meeting. Persons wishing to present
statements or obtain information should contact the person listed in
the FOR FURTHER INFORMATION CONTACT section. Members of the public may
present a written statement to the committee at any time.

    Issued in Washington, DC, April 14, 2011.
Robert L. Bostiga,
RTCA Advisory Committee.
[FR Doc. 2011-9499 Filed 4-19-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: May 21, 2009 (Volume 74, Number 97)]
[Rules and Regulations]
[Page 23796-23798]
[DOCID:fr21my09-4]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0343]
RIN 1625-AA00

Safety Zone; ESL Air and Water Show, Lake Ontario, Ontario Beach
Park, Rochester, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone for an air and
water show in the Captain of the Port Buffalo zone. This rule is
intended to restrict vessels from areas of water during events that
pose a hazard to public safety. The safety zone established by this
rule is necessary to protect spectators, participants, and vessels from
the hazards associated with an air and water show.

DATES: This rule is effective from 10 a.m. May 28, 2009 through 4:30
p.m. May 31, 2009.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2009-0343 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 Coast Guard Sector Buffalo, 1 Fuhrmann Blvd., Buffalo, NY, 14203
between 8 a.m. and 4 p.m., Monday through Friday, except Federal
holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call Lieutenant Brian Sadler, Prevention Department,
U.S. Coast Guard Sector Buffalo, at<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

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because immediate action is necessary to
ensure the safety of vessels, spectators, participants, and others in
the vicinity of the marine event on the dates and times this rule will
be in effect and delay would be contrary to the public interest.
    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 because delaying the effective date
would be contrary to the public interest, since immediate action is
needed to ensure the public's safety.

Background and Purpose

    Temporary safety zones are necessary to ensure the safety of
vessels and spectators from the hazards associated with air and water
shows. Based on accidents that have occurred in other Captain of the
Port zones, the Captain of the Port Buffalo has determined air and
water shows pose significant risks to public safety and property. The
likely combination of large numbers of recreational vessels, congested
waterways, and alcohol use could easily result in serious injuries or
fatalities.

Discussion of Rule

    The rule and associated safety zones are necessary to ensure the
safety of vessels and people during events in the Captain of the Port
Buffalo area of responsibility that may pose a hazard to the public.
The safety zone is described in subparagraph (1) of this regulation.
The safety zone will be enforced only immediately before and during the
event which poses a hazard to the public and only upon notice by the
Captain of the Port. The Captain of the Port Buffalo will cause notice
of enforcement of the safety zone established by this section to be
made by all appropriate means to the affected segments of the public
including publication in the Federal Register, in accordance with 33
CFR 165.7(a). Such means of notification may also include, but are not
limited to Broadcast Notice to Mariners or Local Notice to Mariners.
The Captain of the Port will issue a Broadcast Notice to Mariners
notifying the public when enforcement of the safety zone established by
this section is suspended.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    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 rule to be so minimal that a
full Regulatory Evaluation is unnecessary.
    The Coast Guard's use of this safety zone will be periodic in
nature, of short duration, and designed to minimize the impact on
navigable waters. This safety zone will only be enforced immediately
before and during the time the event occurs. Furthermore, this safety
zone has been designed to allow vessels to transit unrestricted to
portions of the waterway not affected by the safety zone. The Coast
Guard expects insignificant adverse impact to mariners from the
activation of this safety zone.

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 would affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
transit or anchor in the area designated as the safety zone in
subparagraph (1) during the date and time the safety zone is being
enforced. This safety zone would not have a significant economic impact
on a substantial number of small entities for the following reasons.
The safety zone in this rule would be in effect for short periods of
time and only once per year. The safety zone has been designed to allow
traffic to pass safely around the zone whenever possible and vessels
will

be allowed to pass through the zone with the permission of the Captain
of the Port.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking. If the rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact LT Brian Sadler, Prevention
Department, Coast Guard Sector Buffalo, Buffalo, NY at<PHONE_NUMBER>.
    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 effect 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 create an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    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.

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 Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves the establishment of a
safety zone and, therefore, paragraph (34)(g) of the Instruction
applies. An environmental analysis checklist and a categorical
exclusion determination are 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, 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, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Public Law 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add a new temporary Sec.  165.T09-0343 to read as follows:

Sec.  165.T09-0343  Safety Zone; ESL Air and Water Show, Lake Ontario,
Ontario Beach Park, Rochester, NY.

    (a) Location. The following area is a temporary safety zone: All
waters at the head of the Genesee River and Lake Ontario surrounding
Ontario Beach Park

located at 43[deg]16'18.202'' N., 077[deg]36'38.919'' W.,
43[deg]15'53.209'' N., 077[deg]37'00.698'' W., 43[deg]15'46.366'' N.,
077[deg]35'30.524'' W., 43[deg]15'21.376'' N., 077[deg]35'52.307'' W.
All Geographic coordinates are North American Datum of 1983 (NAD 83).
    (b) Effective Period. This regulation is effective from 10 a.m.,
May 28, 2009 through 4:30 p.m., May 31, 2009. This zone will be
enforced from 10 a.m. to 4:30 p.m. May 28, 2009 through May 31, 2009.
    (c) Regulations.
    (1) The general regulations contained in 33 CFR 165.23 apply.
    (2) All persons and vessels must comply with the instructions of
the Coast Guard Captain of the Port or the designated on scene patrol
personnel. Coast Guard patrol personnel include commissioned, warrant,
and petty officers of the U.S. Coast Guard. Upon being hailed by a U.S.
Coast Guard vessel via siren, radio, flashing light, or other means,
the operator shall proceed as directed.
    (3) Commercial vessels may request permission from the Captain of
the Port Buffalo to transit the safety zone. Approval will be made on a
case-by-case basis. Requests must be made in advance and approved by
the Captain of the Port before transits will be authorized. The Captain
of the Port may be contacted via U.S. Coast Guard Sector Buffalo on
Channel 16, VHF-FM.

    Dated: May 1, 2009.
R.S. Burchell,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. E9-11836 Filed 5-20-09; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 78, Number 119 (Thursday, June 20, 2013)]
[Proposed Rules]
[Page 37176]
[FR Doc No: 2013-14514]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2013-0362; FRL-9815-4]

Revisions to the California State Implementation Plan, San Diego
Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a revision to the San Diego Air
Pollution Control District (SDAPCD) portion of the California State
Implementation Plan (SIP). This revision concerns volatile organic
compound (VOC) emissions from architectural coatings. We are proposing
to approve a local rule to regulate these emission sources under the
Clean Air Act (CAA or the Act).

DATES: Any comments on this proposal must arrive by July 22, 2013.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2013-0362, by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    2. Email<EMAIL_ADDRESS>    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
    Instructions: All comments 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 Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Information that you
consider CBI or otherwise protected should be clearly identified as
such and should not be submitted through www.regulations.gov or email.
www.regulations.gov is an ``anonymous access'' system, and EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send email directly to EPA, your email
address will be automatically captured and included as part of the
public comment. 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: Generally, documents in the docket for this action are
available electronically at www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California 94105-3901.
While all documents in the docket are listed at www.regulations.gov,
some information may be publicly available only at the hard copy
location (e.g., copyrighted material, large maps), and some may not be
publicly available in either location (e.g., CBI). To inspect the hard
copy materials, please schedule an appointment during normal business
hours with the contact listed in the FOR FURTHER INFORMATION CONTACT
section.

FOR FURTHER INFORMATION CONTACT: Nicole Law, EPA Region IX, (415) 947-
4126<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: This proposal addresses the following local
rule: San Diego APCD Rule 67.0 Architectural Coatings. In the Rules and
Regulations section of this Federal Register, we are approving this
local rule in a direct final action without prior proposal because we
believe this SIP revision is not controversial. If we receive adverse
comments, however, we will publish a timely withdrawal of the direct
final rule and address the comments in subsequent action based on this
proposed rule. Please note that if we receive adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, we may adopt as final those
provisions of the rule that are not the subject of an adverse comment.
    We do not plan to open a second comment period, so anyone
interested in commenting should do so at this time. If we do not
receive adverse comments, no further activity is planned. For further
information, please see the direct final action.

    Dated: May 6, 2013.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2013-14514 Filed 6-19-13; 8:45 am]
BILLING CODE 6560-50-P